The URL can be used to link to this page

Home My WebLink About20231222Application.pdf 212 East Park Ave., Suite 522, Long Beach, NY 11561 Tel. 1.212.226.4420 Fax 1.212.812.6405 “Transcending the Telecom Bar” December 22, 2023 Maria Barratt-Riley Executive Secretary Idaho Public Utilities Commission PO Box 83720 Boise, lD 83714 Re: Barr tell USA, Inc. Application for a Certificate of Public Convenience and Necessity to Provide Resold and Facilities- based Local Exchange Telecommunications Services Dear Mrs. Barratt-Riley: Enclosed for filing please find an Application for a Certificate of Public Convenience and Necessity to Provide Resold and Facilities-based Local Exchange Telecommunications Services submitted on behalf of Barr Tell USA, lnc. Please direct any questions regarding this application to me directly at phone number: (516) 708-0111 or via email: hb@barrtell.com. Respectfully submitted, Harold Barr, President Tel: 516 709-0111 RECEIVED 2023 DECEMBER 22, 2023 8:00AM IDAHO PUBLIC UTILITIES COMMISSION CASE NO. BTL-T-23-01 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Barr Tell USA, lnc. ) To Provide Basic Resold and ) Facilities-Based Local Exchange ) Telecommunications Services ) Throughout the State of Idaho ) APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE RESOLD AND FACILITIES-BASED LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES Pursuant to IDAPA 31.01.01.114 and the Idaho Public Utilities Commission Order No 32277 in Case No. GNR-T-11-01, Barr Tell USA, lnc. ("Barr Tell" or "Applicant" respectfully requests that the ldaho Public Utilities Commission ("Commission") grant the Company a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the State of ldaho. All correspondence, notices, inquiries and other communications regarding this Application should be addressed to: Harold Barr, President Barr Tell USA, Inc. 218 East Park Ave. Suite 522 Long Beach, NY 11561-3521 Tel: 212 226-4420 x 1018 Fax:212 812-6405 Email: hb@barrtell.com ln support of its Application, Barr Tell USA, lnc., submits the following: Name, Address and Form of Business Barr Tell USA, Inc. 01. ("Barr Tell USA, Inc. or "Applicant") was incorporated as a Domestic corporation in the State of Idaho on December 13, 2023. A copy of the Applicant's Certificate of Formation and approval from the ldaho Secretary of State is attached as Exhibit 1. The main address of the corporation is: Barr Tell USA, Inc. 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Tel: 212 226-4420 Fax: 212 812-6405 The Company's Registered Agent in ldaho is: Registered Agents, Inc. 516 Larch Street Sandpoint, lD 83864 Officers and Directors Yisrael Spitz, CEO Mayer Rosenbaum, COO Harold Barr, President Each of the Officers can be reached at the address of the main headquarters listed above Please see Exhibit 4 – for the Managerial &Technical Experience Stockholders Barr Tell USA, Inc. has 200 shares of Common Stock. However, no stock has been issued to anyone. 02. Services and Territory Barr Tell proposes to provide local telecommunications service to business customers looking for a Hosted Voice Service solution. Please see the full description of this telephone service as Exhibit 5 Barr Tell specializes in supplying its Business customers with voice services. For customers needing Internet Bandwidth Barr Tell will resell whatever bandwidth that is readily available from the ILECs and/or Cable Companies. Through these resale arrangements with the Incumbents and other Carriers, Barr Tell will also be able to offer a variety of other services to its customers, who may want POTs lines, point to point circuits, dark fiber and/or any other types of connectivity such as LAN or WAN networks The Applicant will not provide operator assisted services; but all Emergency calls relating to 911 services will be routed to our National e911 provider using our NENA ID to the nearest PSAP by simply dialing 911. All these services are constantly monitored and are offered twenty four hours per day, seven days a week. 03. Financial information Barr Tell USA Inc.'s financial reports are provided from our Parent company for the 2021 and 2022 Calendar years as Exhibit 2 04. Tariffs and Price Lists Please see Barr Tell USA’s Tariffs for: LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF TELECOMMLUNICATIONS SERVICES (Exhibit 6) INTEREXCHANGE SERVICES TARIFF WITHIN THE STATE OF IDAHO (Exhibit 7) 05. Customer Contacts The contact for all related Questions, whether technical, customer complaint related or any other issues, would be to call our toll free telephone number: 866-948-6216, anytime day of night or reach us via mail at: Customer Service Department 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 E Mail: support@barrtell.com Regulatory contact Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Tel: 212 226-4420 x 1018 Fax: 212 812-6405 Email: hb@barrtell.com Please see the Officer Verification Notarized as Exhibit 3 06. Interconnection Agreements Barr Tell intends to offer service in the geographic areas currently served by the large Incumbents, i.e. Frontier, Lumen and TDS. Barr Tell already has interconnection Agreements with each of these Carriers in other states and as will immediately seek Interconnect Agreements with these same ILECs in the State of Idaho to exchange Local Voice traffic. 07. Compliance with Commission Rules Barr Tell has reviewed all of the applicable Commission's rules and agrees to comply with those rules. Barr Tell never requires advance deposits from its customers and uses a professional billing company for tax and surcharge compliance to Invoice its customers every 30 days. 08. Conservation of Telephone Numbers The Applicant acknowledges that, once it obtains numbering resources in Idaho, it will be subject to numbering conservation measures, including mandatory one thousand block pooling, donation back to the pool of unused or underutilized thousand number blocks, and submission of applicable utilization/forecast reports at the one thousand block level for each rate center within its service territory (known as NRUF). Wherefore, Barr Tell USA, lnc. Respectfully requests that the Commission to grant the authority to operate as a provider of resold and facilities-based basic local exchange telecommunications services within the State of Idaho; as well as granting any such other relief as it deems necessary and appropriate. Respectfully submitted, Harold Barr LIST OF EXHIBITS EXHIBIT 1 CERTIFICATE OF EXISTENCE IDAHO SECRETARY OF STATE EXHIBIT 2 FINANCIAL STATEMENTS OF THE PARENT COMPANY OF BARR TELL USA, INC., 2021 AND 2022 EXHIBIT 3 OFFICER VERIFICATION NOTARIZED EXHIBIT 4 MANAGERIAL & TECHNICAL EXPERIENCE (CURRICULUM VITAE) EXHIBIT 5 BARR TELL USA’S DESCRIPTION OF TELECOMMUNICATION SERVICES EXHIBIT 6 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF IN THE STATE OF IDAHO EXHIBIT 7 INTEREXCHANGE SERVICES WITHIN THE STATE OF IDAHO EXHIBIT 1 CERTIFICATE OF EXISTENCE IDAHO SECRETARY OF STATE December 19, 2023 STATE OF IDAHO Phil McGrane | Secretary of State Business Office 450 North 4th Street PO Box 83720 Boise, ID 83720 Formation/Qualification Date: Active-Good Standing Formation Locale:Status: File # :General Business Corporation (D) Perpetual Barr Tell USA, Inc. Filing Type: Inactive Date: 5510213 Duration Term: IDAHO 12/13/2023 Regarding: I, Phil McGrane, Secretary of State of the State of Idaho, do hereby certify that effective as of the issuance date noted above is a Corporation duly incorporated under the law of this State with a date of incorporation and duration as given above. Barr Tell USA, Inc. Certificate of Existence Business DivisionProcessed By:Verification #: 026565523 Phil McGrane Idaho Secretary of State Issuance Date: 0005521703 Certificate of Existence/Filing 12/19/2023 Request #: Request Type: Copies Requested: 0 Receipt #:000915834 Phone: 208-334-2301 * Email: business@sos.idaho.gov * Website: sosbiz.idaho.gov EXHIBIT 2 FINANCIAL STATEMENTS THE PARENT COMPANY OF BARR TELL USA, INC., 2021 AND 2022 Total ASSETS Current Assets Cash 89,366.55 Other Current Asset 1,061,784.82 Total Current Assets $ 1,151,151.37 Fixed Assets Furniture & Fixtures 706,060.59 Accumulated Depreciation- Furnitures & Fixtures -697,694.11 Software Programming 2,564,960.67 Accumulated Depreciation -2,536,031.69 Total Fixed Assets $ 37,295.46 Other Assets 257,234.75 TOTAL ASSETS $ 1,445,681.58 LIABILITIES AND EQUITY Liabilities Current Liabilities 38,668.42 Long Term Liabilities 50,000.00 Total Liabilities $ 88,668.42 Equity Total Equity $ 1,357,013.16 TOTAL LIABILITIES AND EQUITY $ 1,445,681.58 Barr Tell USA Balance Sheet As of December 31, 2021 Total Income Sales Sales 4,001,797.18 Total Sales $ 4,001,797.18 Total Income $ 4,001,797.18 Cost of Goods Sold Cost of Goods Sold 654,890.77 Total Cost of Goods Sold $ 654,890.77 Gross Profit $ 3,346,906.41 Expenses Accommodation Expense 7,698.60 Advertising 50,531.22 Automobile Expense 59,263.26 Bank and CC Charges 104,385.02 Billing system 33,607.68 Commission 668,702.92 Depreciation Expense 12,870.22 Dues and Subscriptions 0.00 Fees & Permits 80,492.67 Insurance Expense 43,349.68 Interest Expense 14,672.41 Lease Equipment 12,071.76 Leasing 5,721.60 Meals and Entertainment 26,482.79 Network Maintenance -Colo 4,949.77 Network Maintenance Center 969.25 NYS Corp Taxes 14,402.37 Office Cleaning Expense 10,286.00 Office Supplies & Expenses 8,610.77 Payroll 567,094.24 Porting Tools 18,991.23 Professional Fees 190,985.20 Programming 281,832.93 Rent Expense 57,222.72 Shipping, Postage and Delivery 2,783.52 Software Expense 19,472.02 Subcontractor Expense 50,694.64 Telephone Expense 4,425.82 Travel Expense 10,652.97 Utilities 8,575.00 Waste Disposal 2,598.57 Web Expense 15.00 Total Expenses $ 2,374,411.85 Net Operating Income $ 972,494.56 Net Income $ 972,494.56 Barr Tell USA Profit and Loss January - December 2021 Total ASSETS Current Assets Cash 332,902.28 Other Current Asset 1,314,439.65 Total Current Assets $ 1,647,341.93 Fixed Assets Furniture & Fixtures 706,060.59 Accumulated Depreciation- Furnitures & Fixtures -700,921.34 Software Programming 2,564,960.67 Accumulated Depreciation -2,545,674.68 Total Fixed Assets $ 24,425.24 Other Assets 226,234.75 TOTAL ASSETS $ 1,898,001.92 LIABILITIES AND EQUITY Liabilities Current Liabilities 63,758.96 Long Term Liabilities 25,000.00 Total Liabilities $ 88,758.96 Equity Total Equity $ 1,809,242.96 TOTAL LIABILITIES AND EQUITY $ 1,898,001.92 Barr Tell USA Balance Sheet As of December 31, 2022 Total Income Sales Sales 4,038,056.85 Total Sales $ 4,038,056.85 Total Income $ 4,038,056.85 Cost of Goods Sold Cost of Goods Sold 718,564.52 Total Cost of Goods Sold $ 718,564.52 Gross Profit $ 3,319,492.33 Expenses Accommodation Expense 7,965.34 Advertising 45,632.15 Automobile Expense 62,153.26 Bank and CC Charges 95,456.25 Billing system 36,954.87 Commission 703,265.25 Depreciation Expense 12,870.22 Fees & Permits 85,647.58 Insurance Expense 42,653.35 Interest Expense 15,635.55 Lease Equipment 15,032.52 Leasing 6,782.52 Meals and Entertainment 22,457.87 Network Maintenance -Colo 5,021.43 Network Maintenance Center 878.90 NYS Corp Taxes 9,008.03 Office Cleaning Expense 9,687.45 Office Supplies & Expenses 8,504.10 Payroll 587,486.25 Porting Tools 12,545.55 Professional Fees 195,485.00 Programming 265,485.12 Rent Expense 58,525.00 Repairs and Maintenance 625.43 Shipping, Postage and Delivery 2,873.00 Software Expense 18,475.35 Subcontractor Expense 55,687.52 Telephone Expense 5,498.62 Travel Expense 12,876.00 Utilities 9,200.30 Waste Disposal 3,650.24 Web Expense 300.00 Total Expenses $ 2,414,320.02 Net Operating Income $ 905,172.31 Net Income $ 905,172.31 Barr Tell USA Profit and Loss January - December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`N<=CNA@C B=VYAKQKWSC@=Z=QKMX=ABTCR?QQ?AWTC>NQ=>CNA@CXN<\=B?AW[CaK<C]=BN?Q=@C?AOK<XNB?KATC MQ=N>=C>==C```[B=Q=R<KN@[VKXC b2c2d1ef-4ghfi44 EFGCCC C C C C C C HIIjCkC;<=>=ABC C L>CEFGCl<[CmM?BnCXNANW=>CBY=CKZ=<NQQC>B<NB=WSCNA@CZ?>?KACKOCBY=CV<?B?VNQQSC ?XMK<BNABC<=QNB?KA>Y?M>C`?BYCNQQC]NBNZK?V=opCVU>BKX=<>CN>CY=CKVVUM?=>CBY=CMK>?B?KAC N>CBY=CEY?=OCFq=VUB?Z=CGOO?V=<[C C ]NBNZK?V=C?A>BNQQ>CNU@?KCNA@CZ?@=KC>U<Z=?QQNAV=C>S>B=X>CN>C`=QQCN>CVQK>=@CV?<VU?BC PrCXKA?BK<?AWCNQKAWC`?BYCBY=CNMMQ?VNB?KA>CKOCKU<CB=Q=MYKASCBY?>CNQQK`>COK<C<=XKB=C XKA?BK<?AWCKOCM<=X?>=>CNA@C?AB=W<NB=>CN>CNACNMMC?ABKC>XN<BCMYKA=>CC C s2004,-..4tuv:4ghfiCCCCCCC C C C EFGC^C C C C C C C C HIwICBKC;<=>=ABC C LVxU?<=@CBY?>CVKXMNASC?ACHIwICN>CNCEKXM=B?B?Z=CyKVNQCFqVYNAW=CVN<<?=<C?ACBY=C mBNB=CKOCz=`C{K<\[CCm?AV=CBY=ATC|CYNZ=C=qMNA@=@CBY?>CEyFECBKCNQ>KCM<KZ?@=C B=Q=MYKA=C>=<Z?V=C?AC>=Z=ACKBY=<CmBNB=>TCEKAA=VB?VUBTCaQK<?@NTC|QQ?AK?>TC lN<SQNA@TClN>>NVYU>=BB>TCz=`C}=<>=SCDC;=AA>SQZNA?NC`Y=<=C`=CN<=C@?<=VBQSC ?AB=<^VKAA=VB=@CBKCBY=CQN<W=C|AVUXR=ABCEN<<?=<>TC?[=[TCr=<?nKACDCLPDPTC=BV[CCC|C YNZ=COU<BY=<C=qMNA@=@CKU<C>=<Z?V=CKOO=<?AW>CNA@C?AV<=N>=@CKU<COKKBCM<?ABCNA@C <=Z=AU=C>B<=NXCRSCKOO=<?AWCN@@?B?KANQCN@@CKACO=NBU<=>CBKCKU<CZK?V=C>=<Z?V=>C BYNBCXN\=CKU<C>=<Z?V=CUA?xU=CN>CVKXMN<=@CBKCKBY=<C>?X?QN<CEyFE>[CLA@~K<C rG|;Cm=<Z?V=C;<KZ?@=<>[CC C uu4,-.-f1€i4546-7481094 ec‚44 ƒ„„…4c14ƒ„„†44 ‡ˆ‰Š‹Œ ŽŠ‹‰ ‹ ‘Š’“”ˆ•–— ˜Š™Œ š›œšœš›šžŸž ]?<=VBK<CKOC|AOK<XNB?KACP=VYAKQKW?=>¡ C C C !"#$% !&& &$' ( &&& ()* +& "& ,$-&*$!*%&*!('.%(( & !*(""'&* (&(' (& !*(""'&* (&( (*( / 0(12 &&$3(&4 ' (& 5&4$+ & 6& (& 3' ("7 (&% +& "& 3%& +& "& 8&$(7 (& 6& (&&$7((' 3' ("-* ,*9' (&&$6& (& 5&4$+ & 7(' & :8;6 <"=21 ( >?& @ABC >' ' : *!%&10 % (& !*%&*1&$3( D<44* - +&&&(."D(-& ,0E*%& & % 'F'( (<&%&*; & (&<44*&*E0 % G * *&F' E:6& - <&'3(D>'&* (&3(.( (&&$<& "& (4<" (E * (& %(' %!& (&H+($4* (&&$3%& <?" 43(8'D<?* (&I(1< %*H6& EH& -H ,**('& . EH>&&$!&* E JJKALMNMOP Q3(& & E?*$? * (&&$+ ()* + (&H 2-.H#,&$G'&R( Q+& ()* 3(" &*0 %>*=G'$ E '$&H *4* (&&$;' *(" Q,&E*&(:,& * ;' *(" (+&"(."=R *% 0 %& %()* #43E* Q+<&IH7><& && H>.H/ 0(1!*%&(( H2 &H & (&:4("&*<&%&*"& ! " " " #$%&'(')%*'+,-. / 012 " "3 "4 4 5 6 " " 78 9:;:<2 <=1 3 " ">? 3 ! "< ""! 3 ! " "@"! < 2A<0<</B " 01 C 6 " = !2" D / 6 01" < E=2FE=2G 3 H " / 0 "I >JI >J 3 J =B<E= ! / <01 " = ! " 4! K))+LM&'-NLO,*-. . / E!4 4E4I 8 E4 4""4 4"E4 4E. / 4 . 8PI " @! = "/</24 ! " #$ $ !% &' $" $ $ (#( $($) * " ) $" " #+, -./001 2345634789:;<8=7>6?4@ABCD;BE43F>4GH>G47IJ ! ( # $ $" !' K # $ L* L%MM$N%'ONP%M PQO%RQSTUVWSTSX !( $) $"K Y N P% &ZXX '%LVXX # $' $" ! ( ## # !%[%P\" PL !][SUSN& !( #N'L( $ !Q* ( ( $"# (N ( # $& ^ [$(( $ # ) "# $"K $ _` Y NP% $' $" # -abcdefgh D ![L"YiL# Yi !NPjjT !i*M*(N kclgfh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`<*"*& &=;)E",*,*?"a/(%/DC"/*"* ,D"b,,"@".b*/",D"*,D="%E"=;)E",*,*?"a/ (%/DC";*"c;a(;d,E?*",""ED"="?*/"*="?",D" ! "# $ %!&& '()'*+,-.+/-/.'.-0(12*3(0-'4-560*+(00(07--8*'9-*'0-4:+-;*+-9460(<-04=':.1(- > > >> & ;()'1.0< ? @ > A BCDEFGHIJA K LM&& N N&OPQRRSQRRT UVWXFYYAZ[HYY\A]A^W\_IJ\H`HYHGHW\A A a ! QRRT > & ? >& & ? b> b> c17-d40(+e.6f<0- > ? ?? $gM> ?$#h ! ! & g! $h >& ? # N? &?i >>?! > @ > >> ! ? > ! ! > > # a ! ? &>& ? j$g$gj$ > ? k$l ? ? & !"#$% & ' ( &)* + ' , - ( .' / ' ' ( / / '' -01 ( (/23 , 4 ( ( ( ( '' ( ), ' .' ( ( (/ (/ ( ( (( ( /' / 5' ( ' .' ( / 5 ' ( ' ' + ( (3 ( //( ( 6 ' ( ( 5' ) 36& /( ( 7 5 ( ' -*8,898:3 ,9-;-/<: 9 =<:9>/?,-/,,-/,?,-/+,&/?;<<; - @3A +=3A+>/; - 4. (35 -4. (=;-13-1>/1)BC + 8-4*+,;AD3E3,4&3 & /: . F . A 4 ,<&/38A4,/;3<A/:+AG+A H8;- ' 5 =I 3> ( (' / ' ') !" #$%&'()*+,-./0)&*12*$3*+4*&3)&3+&-55&-)2*46)&$*5-6*78&$*5*9-+6&-+7& t the CPCN Application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`"#" # "[ _ \\ \Z "\_ \\ "#[[ "\[[" _ ""__ [ "# ^a" "#"[\""\ # Z_ "\[ -_ \ _"Z "\" "" ""Y $ `\" " "\ \ _ \"[Z "\" Z [[ "\ "" _ "[[ "[ #_ [ _ "\b " "#"\ Z \ _c "\ Z _" [ " "#" "\ "#[ "Z ## ^ \"#\ _"\_ Z"__ "\\ Z[ "#" "#" ""[ de "\[ Z_ "Y $ b ""# "\ "# "# " _ $fgh# ^" _ \_ [ c \ _ \ _"Z\ "# " #""__ " "\ \^ [ [ _"Z "\ " " __ " [" # "[ _ b_"\ ijklmnmopqmrsotuijsljmvorwxyslwzr{o |V1E?:86:1>:;176=1?<;B9>21>7?<:;?B769>7?<>?==62789:1=1G;?951NB8GA19: 69>}Q;62>H621~G2?08>89E€C89@6G8:6=:?6==?H@?AA12@86=8 6:8?9?<JB789177D |M:216A=891>:;17?<:7H8:@;897:6==6:8?9G2?@177J5@B::89E897:6==6:8?9:8A1‚4ƒD |S216:1>:?:6=SB7:?A12S621G2?E26A<?2I?89:019:B21G62:9127;8G769><269@;871 @=819:~196J=89E<82A:?21:689„CRS<B9>89ED |T2?017?<:H621>101=?GA19:G2?I1@:~E19126:89E€4C89A?9:;=521019B169>…4 A8==8?989A?9:;=5A89B:1789:;17H8:@;89E91:H?2KD MG1@86=MK8==7† # \iz‡osijsljixosklzˆmu‰txizzmuŠo‹wxl‡oizixŒsljix o " iz‡olzsmutmurwzixorˆlxxrŠoŽrsiqxlrk"#zm otwxljlmroiz‡otuwjm‡yumrŠo ylx‡"# -[zjslwzixosmi‘rŠo’yxslnismosixmzs olzrslxxonixym oiz‡ojumismoiotirrlwzoswoqmo ryjjmrr“yxŠoh _[[ "\ "#- " " "\_ " #) !"# $$% &&&!$! &!& '(!)*+,*- ./ ++ 0! &+!!$ ,+&& ,&!&+,!* $&1$&+!*1!*2+- 3 3 .4 56 7& &&&!$ ,+ +%%+,1$!&89 !! ,,- :; <==.>?+&&% 0&+1$"!+#1$&,+$,*+9"*'(!)* ++*!1,- @44 AB66 C6 3 D,+,"*,&& +!$-& ,(!*+ ++&)1$ & $,,1 0!!2+E <F >6 <;F GHIJKHI+JL#7M?K7+M ?,L#HJ#N1!7 O&N#OO#HH1$?+ ? *&#D%H7D#PDNH#PQJD#RSTS#HHU#7H?VEWX7IP#HYV#J7HJZ# 7VO[N#MP?#[PJ#VPH#O)#V#P! P+Q1*#O&+V1) D&E7++#$ \]*PEI$"!+&)!$^_`_abcdabcefgh_idjfk_dl__gdhgdmh^jd^b^f`dabce`hfga_dcfgndohpp_q_g^dr^f^_8iddlsq_fsidbpd^j_d H*H-? &t,!+D!"Y*J&&&! 9* #! $,"+&EE C/6 C6 ?1$ P!!+Ju$"v+?H,"$O?P,+vZ7DEO$J!++,* &0J"$?&+7&MOwO#I&KI7JHL#I$O&# ?!$O&#xO&#O&7#N,S$!$$ $"v2 +u+&1&,*DOO+J!+$u+EO$E7!++ &*++$+J"+1+$& + !$,&&&!,EO$!&"J1 1,\]]+,+!& 1$$7$,&+$ +E 3/ yB6 @>z @>z {F !1)\|}~%\|}- €X 6 A6/ <F4 .F 344K&*V1)J[L P$[\|}%\|}|E 66 F ‚4z € \|}~ ƒ6z ƒ>6F;6 6 3„/; … FX //6 6/F 6 C6z 6z < †46 „/ <F46‡ H+M$,& €4 F 6 4 4 ;F ; „/;z ;B4 6 /4 ; X F ˆ /666EJ!J&&! 1+&&2#"!)+!!E7++&0+")&&2+&&++ !+!EH+7!D *#" J!&1"!+&&2$v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`%:!a+3T<!b#+3$0/!/&0!@+:/<!cdefghijklfcgmnoopqdcorlesijmtcoeidjo 4+2,*!$*!+&!53+1$0$&-!'%#%5.+&%!>/*%0!"./'!*%31$2%u*v!/*!:%##!/*!=,0$+!"+&4%3%&2%!w3$0-%*!4+3!>+'.!:.+#%*/#%!x:.$'%!#/>%#$&-tohlolhqkyoziyydkyokjhdhdkcoico{kggoic!'+!$'*!+:&!",*'+6%3!>/*%7!! (.%;!/3%!/#*+!:+3T$&-!+&!6/55$&-!'%#%5.+&%!&,6>%3*!'+!/&;!=,0$+!2+&'%&'!*,2.!/*!3/0$+! *'/'$+&*u43+6!/3+,&0!'.%!:+3#0v!'+!w#+-*!/&0!'+!]%3*+&/#!w3+/02/*'$&-7!!|*$&-!5.+&%!&,6>%3*! /##+:*!4+3!/&;!#$*'%&%3!+3!5/3'$2$5/&'!'+!0$/#!$&'+!/&!%1%&'!43+6!/&;:.%3%!:$'.+,'!,*$&-!'.%! @&'%3&%'7!!!};!6/$&!0,'$%*!/3%!0%/#$&-!:$'.!"/33$%3*!/*!:%##!/*!/##!'.%!^%-/#!4$#$&-*<!4+3%2/*'$&-!/&0!+30%3$&-!+4!>#+2T*!+4!].+&%!&,6>%3*!:$'.!'.%!~,/*$-+1%3&6%&'/#!=-%&2$%*!+4!`=`]=<! '.%!]++#$&-!=06$&$*'3/'$+&!/&0!`]="7!!! G U J€ FC WW L V X ‚ OQQ XOQ w%-/&!:+3T!/*!/&!@&0%5%&0%&'!"+&*,#'/&'!'+!2./&-%!'.%!53+4$#%!+4!'.%*%!':+!2+65/&$%*!u>+'.!+:&%0!>;!'.%!*/6%!}/&/-%6%&'7!Rƒ!}+>$#%!^^"!$*!4+2,*%0!+&!?%'/$#!8$*'3$>,'$+&!+4!]3%5/$0! (%#%2+6!]3+0,2'*!/&0!9%31$2%*!43+6!*%31$2$&-!'.+,*/&0*!+4!?%'/$#!9.+5*!'.3+,-.+,'!`+3'.! =6%3$2/!'+!/#*+!*%##$&-!'.%*%!*%31$2%*!+1%3!'.%$3!@&'%3&%'!]+3'/#7!!(.%;!3%*%##!6/&;!>3/&0*!+4! irhfigosqmcdrigohkgkrleoriy„c…o†‡ˆozqdscoij„oxplso‰stoziy„cohloŠdjgkccos3+0,2'*!43+6!>+'.! +'.%3!}/&,4/2',3%3*!/*!:%##!/*!'.%$3!+:&!w3/&0*7!!!! 9+&/3!(%#%2+6!$*!/&!‹zzoŒdrkjck„o Ž oziyydkyohqihodco b/2$#$'$%*!>/*%0‘oekijdj’ohqihodhoqicodhco +:&!9:$'2.$&-!]#/'4+36!"/33$%37!!9+&/3!$*!&+:!$&'%32+&&%2'%0!'+!/553+Y$6/'%#;!“”!!•””! "/33$%3*!/3+,&0!'.%!:+3#0!'+!:.+6!'.%;!3+,'%!'.%$3!@&'%3&/'$+&/#!I+$2%!'3/44$27!!(.3+,-.!6;! !"#$%&'"()'*+%,-)%$,."/$0)'" 1 2 3456 5 7 589:; 5 7<8 =>?@ABC@D>E@FGAHAI@J@KCLMENAOOPQAHAR@SG@TK@CAUVWVAHABC@D@FGA <X;< YZ[Z \ 1 < 81< 5] \ < < < ^ \ \ 5 _ A BC@D>E@FG`AaMCCAI@JJAbRcNAdF?QefgF@AUVWVeBC@D@FG; <X; \ I@Jh2 6i [jjk < <<^ 7 ; YZZl 19 m\; 1X 12 6< YZ[Z 5 1 < < 39m 9i 26 ;5;<^5 ;5;^ A PIn`ARgCopSC@DDNAOQOQPQNAqrVA=MFE@CK>JGAcs@QNAaCLLtJuFNAvw`AUVVrAHAfgF@AUVWVQAAYZZx y^ 9 \ y ^ z{ |Z} < : 9 \ < 9 \ :; ^: ; 1 <7 ; 8 ;~YZ[Z PnAMFEAPIn`APLJLAv@G€LCtAPLCSLCMG>LFNAqrVA=MFE@CK>JGAcs@QNAaCLLtJuFNAvwAeAUVVqAHA fgF@AUVWVQAA z \ . "-‚%ƒ%)„ z 53 8:1 <75 \ <X;…< A A PnAMFEA†@F@CMJA‡MFMˆ@C`AAPLJLAP@FGCMJAPLCSQNA‰VAŠgEDLFARGC@@GNAvwPAHAW‹‹‹AeAUVVq \ ; 52;56 ;5 !" #$ %&'()*+,(%,-%./((')(%0/1)23%%4)156%78%9:;2,<%0+())+6%=>.%?0)@+A%BCCD%?%BCCCAE F G HG # IJ F KLJ " H # ! # # M G " &'()*+,(%,-%0/1)2%N%O/(P)+'<Q3&'Q'4)*%R888%-,(S)(1T%U(,S,%4)16%V%W)2+%XV+Y%0+())+6% =>.%?%BCCZ%?%BCCDAE [G G G \ \ ]^G_HH`G G H# abH cJde f H _g GH hijklimnkiopqorqkstqultuvihqusoptqwvlhqwvxxthqkstqyzlv{txq|vlh}qnpkixqikjqht~ijtqq€rktl vlh‚qƒq f„e g }…†‡}q|vlhqqzslonˆsq f„ gH E ‰F Š,:<;)(%/<;%,‹<)(3&'()*+%&'/1%Œ<+)(</+',</16%X %W)2+%XD+YA%0+())+6%=>.%?%8ZŽBCC %?% B8ŽBCCZG G " b e F # ]abag ` wvxxth‚qy€jivq iltwk} E G G ab yzstqzlv{txq‘soptq|vlh}H [GH ’)Q',</1%&'2+('“:+',<%O/</Q)(3%%.1)/(+)1%.,SS:<'*/+',<26%W/2Y'<Q+,<6%&.%B8ŽBCCX%?% DŽBCC %G H# # outlvkipˆqnphtlqkstqmlvphqyztxtrvlt}qq iltwkx”qltjuopjimxtqrolqht{ H# cJJ ! "#$%&'()*+%,-.%/0-%&'*1('($#.2*34#.%5&67*8()%9&.'%(*8&4:(';*<<=<>><*?*<@=<>>A B CDC EFF CDC BG H C I J K CDC B C L M important to the services Applicant proposes to provide in the CPCN Application. EXHIBIT 5 BARR TELL USA’S DESCRIPTION OF TELECOMMUNICATION SERVICES DESCRIPTION OF BARR TELL USA TELECOM SERVICE Barr Tell USA seeks CPCN authority to provide facilities-based and resold telephone services throughout the state of Idaho by delivering its voice and data services directly to business customers. The actual telecommunication services consist of Barr Tell’s switching equipment housed in a central office environment and/or a data center location. The telecom service is a detailed Hosted PBX Solution that’s comprised of a multitude of features and characteristics including faxing, text messaging and real time reporting capabilities, all of which promote and support productivity Specifically, there is a multitude of our custom software applications that integrates the phone system with many popular software applications such as CRM (Customer Relationship Management), BPM (Business Process Management, BI (Business Intelligence) and ERP (Enterprise Resource Planning). Some examples of these are: Microsoft Teams, Sales Force, Slack, Zapier, Zendesk and Zoho, The phone system also connects to a Management Dashboard, which can be accessed via the Desktop/Web or via Mobile app – Android and IOS. Additionally, the software consists of eight (8) Mobility features, seven (7) Business Identity features, seventeen (17) Productivity features, Eight (8) Inbound calling features; as well as Administration features: Advanced Analytics and Reports, Full ACD Control and PBX manager; Customer Service features: Customizable Wrap-Up Delay, Call-Waiting Cues, Transfer to Voicemail. Automatic Voicemail Archiving and Voicemail Pickup and Other Features such as Operator Extension Modification, PBX Calling Card and Virtual Fax Machine Barr Tell’s phone service is one multifaceted platform for all the business customer’s communication needs that is a totally complete and an inclusive package. The monthly service sells for a flat price per telephone handset per month and includes each customer having their own telephone numbers (that can be located anywhere in the world for multiple locations). The service then enables the phones to transmit and receive local, long- distance and international voice services; as well as sending and receiving fax messages and SMS Text messages over a wireline connection. In the case of multiple office locations the Hosted PBX solution invisibly connects each location to one another, regardless of the distance and treats them as internal extensions of the same service. Of course, the service includes all of the above software features and unlimited calling, faxing and text messaging as well as access to the public switched safety networks and emergency telephone services network and complies with all local exchange carrier requirements. Barr Tell is directly connected to a National e911 network and has its own National Emergency Number Association ID (NENA ID of BAA1) Barr Tell’s unrestricted and/or unbundled telecommunication service(s) are offered to any business customer that requests the service within its operating territory. Barr Tell has also established procedures that prevent deceptive and unfair marketing practices (since its services are sold at a flat price per month - inclusive of all features and unlimited calling and text messaging) and never asks or requires any financial deposit or any commitment from its Customers. Barr Tell USA first began offering phone services in New York in January 1998 and has continually expanded its operations to many states and has constantly provided five nines of reliable telephone service (99.999% availability) to business customers, large, small and in between. Barr Tell USA has no Affiliates and each Barr Tell office is owned, operated and managed by the same overall team. In other states, where Barr Tell is certified as a CLEC, it has existing Interconnection Agreements with every major Incumbent and is operable in the exchanging of voice traffic. These Agreements include: AT&T, Brightspeed, Consolidated Communications, Frontier, Lumen, TDS, Verizon, Windstream and Ziply Fiber. Barr Tell USA is authorized in the following states to provide phone service: California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia, Washington DC, West Virginia and Wisconsin. Barr Tell's entry into the Idaho telecom market will promote the availability of affordable, high quality telecommunications services, while increasing customer choice as well as increasing the competitive marketplace. This will also ensure that all customers have access to the highest quality, lowest cost, and most innovative telecommunication services that utilize the latest technological products and services. Barr Tell’s telecommunication services are always supported twenty four (24) hours per day, seven (7) days per week by a dedicated Customer Service staff that is easily reachable. EXHIBIT 6 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF THE STATE OF IDAHO Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 1 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF TITLE SHEET IDAHO LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF OF BARR TELL USA, INC. 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 877-683-5327 This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange telecommunications services provided by Barr Tell USA, Inc. with principal offices located at 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521, for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company's principal place of business. Copies of this tariff are available, at no charge, to end users and may be obtained by contacting Barr Tell USA, Inc. at: 877-683- 5327. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 2 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF TABLE OF CONTENTS Page Title Page ..................................................................................................................................................... 1 Preface Table of Contents ............................................................................................................................. 2 Check Sheet ..................................................................................................................................... 3 Explanation of Symbols ................................................................................................................... 4 Tariff Format .................................................................................................................................... 5 Application of Tariff ........................................................................................................................ 6 Accessibility of Tariff ...................................................................................................................... 6 Section 1 - Definitions .................................................................................................................................. 7 Section 2 - Regulations ............................................................................................................................... 11 Section 3 - Service Areas ............................................................................................................................ 47 Section 4 - Service Charges and Surcharges ............................................................................................... 48 Section 5 - Local Exchange Service ........................................................................................................... 50 Section 6 - Supplemental Services .............................................................................................................. 54 Section 7 - Special Arrangements ............................................................................................................... 57 Section 8 - Promotional Offerings .............................................................................................................. 59 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 3 COMPETITIVE LOCAL EXCHANGE 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 page. PAGE REVISION 1 Original 2 Original 3 Original 4 Original 5 Original 6 Original 7 Original 8 Original 9 Original 10 Original 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 Original 18 Original 19 Original 20 Original 21 Original 22 Original 23 Original 24 Original 25 Original 26 Original 27 Original 28 Original 29 Original 30 Original 31 Original PAGE REVISION 32 Original 33 Original 34 Original 35 Original 36 Original 37 Original 38 Original 39 Original 40 Original 41 Original 42 Original 43 Original 44 Original 45 Original 46 Original 47 Original 48 Original 49 Original 50 Original 51 Original 52 Original 53 Original 54 Original 55 Original 56 Original 57 Original 58 Original 59 Original Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 4 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF EXPLANATION OF SYMBOLS The following symbols shall be used in this tariff for the purpose indicated below: (C) To signify a change in regulation or text. (D) To signify a reduced rate. (I) To signify an increased rate. (M) To signify a move in the location of text. (N) To signify new rate or regulation. (O) To signify an omission. (T) To signify a temporary rate and/or surcharge. In addition to symbols for changes, each provision or rate element changed will contain a vertical line that will clearly show the exact number of lines being changed. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 5 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be 14.1. B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. Because of various suspension periods, deferrals, etc., the most current page number on file with the Commission is not always the tariff page in effect. Consult the Check Sheet for the page currently in effect. C. Paragraph Numbering Sequence - There are seven levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.1 2.1.1 2.1.1(A) 2.1.1(A)(1) 2.1.1(A)(1)(a) 2.1.1(A)(1)(a)(1) D. Check Sheets - When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 6 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF APPLICATION OF TARIFF This tariff sets forth the service offered, rates, the terms and conditions under which each of the services are provided and all effective rates and charges applicable to the furnishing of intrastate end-user local exchange communications services of Company within the state of Idaho. ACCESSIBILITY OF TARIFF This tariff is on file with the Idaho Corporation Commission and the Company's principal place of business: Barr Tell USA, Inc. 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 These tariffs are available for viewing, during normal business hours, at the Commission or the Company's principal place of business. Additionally, copies are available upon request, free of charge, by contacting the Company at 877-683-5327. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 7 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 1.0 - DEFINITIONS Account Codes - Optional, Customer-defined digits that allow the Customer to identify the individual user, department or client associated with a call. Account Codes appear on the Customer bill. Advance Payment - Part or all of a payment required before the start of service. Authorized User - A person, firm, corporation, or any other entity authorized by the Customer to communicate utilizing the Company's service. Basic local service – This term means all residential and business telecommunications voice and/or relay service which meets the standards set forth in 165:55-13-10, including lines beyond the first line into a residence or business. Business - A class of service provided to individuals engaged in business, firms, partnerships, corporations, agencies, shops, works, tenants of office buildings, and individuals practicing a profession or operating a business who have no offices other than their residences and where the use of the service is primarily or substantially of a business, professional or occupational nature. Commission - Refers to the Idaho Public Utilities Commission. Company or Carrier - Barr Tell USA, Inc., unless otherwise clearly indicated by the context. Customer - The person, firm, corporation or other entity which orders, cancels, amends or uses service and is responsible for payment of charges and compliance with the Company's tariff. Deniable charge – This term means a charge for those regulated services for which nonpayment may result in a disconnection of basic local service. DID Trunk B A form of local switched access that provides the ability for an outside party to call an internal extension directly without the intervention of the Company operator. Dial Pulse (or "DP") - The pulse type employed by rotary dial station sets. Direct Inward Dial (or "DID") - A service attribute that routes incoming calls directly to stations, by- passing a central answering point. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 8 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 1.0 - DEFINITIONS, (CONT'D.) Direct Outward Dial (or "DOD") - A service attribute that allows individual station users to access and dial outside numbers directly. Dual Tone Multi-Frequency (or "DTMF") - The pulse type employed by tone dial station sets. End User - Any person, firm, corporation, partnership or other entity which uses the services of the Company under the provisions and regulations of this tariff. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer. End Office - With respect to each NPA-NXX code prefix assigned to the Company, the location of the Company's "end office" for purposes of this tariff shall be the point of interconnection associated with that NPA-NXX code in the Local Exchange Routing Guide (“LERG”), issued by Telcordia. Hearing Impaired - Those persons with communication impairments, including those hearing impaired, deaf, deaf/blind, and speech impaired persons who have an impairment that prevents them from communicating over the telephone without the aid of a telecommunications device for the deaf. Hunting - Routes a call to an idle station line in a prearranged group when the called station line is busy. In-Only - A service attribute that restricts outward dial access and routes incoming calls to a designated answer point. IXC or Interexchange Carrier - A long distance telecommunications services provider. LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C. No. 4. LEC - Refers to the Local Exchange Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 9 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 1.0 - DEFINITIONS, (CONT'D.) Less than Minimum Service Provider – This term means a CLEC which offers local exchange service that does not meet all minimum service standards, as set forth in OAC 165:55-13-10. Minimum Point of Presence (“MPOP”) - The main telephone closet in the Customer’s building. Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. Multi-Frequency or ("MF") - An inter-machine pulse-type used for signaling between telephone switches, or between telephone switches and PBX/key systems. New service provider – This term means a service provider that did not bill the end-user for service during the service provider's last billing cycle. This definition excludes service providers which bill the customer solely on a per transaction basis. New services – This term means any service(s), except access services or interconnection services, for which a rate element does not presently exist, which does not replace an existing tariff, and that enlarges the range of service options available to end-users. Nonbasic service – This term means any telecommunication service not included in basic local service, local interconnection arrangements and/or access service. Non-deniable charge – This term means a charge for those not-regulated services for which nonpayment shall not result in a disconnection of basic, local service. Non-Recurring Charge (“NRC”) - The initial charge, usually assessed on a one-time basis, to initiate and establish service. Not-regulated service – This term means the offering of service(s) where the rates and/or terms and conditions for such service(s) are not-regulated by the Commission. These would include any services offered from FCC tariffs such as interstate service offerings, and any taxes, fees and surcharges applicable to those services, as well as any intrastate services not contained in tariffs approved by the Commission. Other Telephone Company - An Exchange Telephone Company, other than the Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 10 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 1.0 - DEFINITIONS, (CONT'D.) PBX - Private Branch Exchange Premises - A building or buildings on contiguous property. Recurring Charges - The monthly charges to the Customer for services, facilities and equipment which continue for the agreed upon duration of the service. Regulated telecommunications service – This term means the offering of telecommunications service(s) directly to the public where the rates and/or terms and conditions for such service(s) are regulated by the Commission. These would include services offered from intrastate tariffs approved by the Commission including any taxes, fees and surcharges applicable to those services, and interstate services when the Commission is enforcing the FCC slamming rules. Residence or Residential - A class of service furnished to a Customer at a place of dwelling where the actual or obvious use is for domestic purposes. Service Commencement Date - The first day following the date on which the Company notifies the Customer that the requested service is available for use, unless extended by the Customer's refusal to accept service which does not conform to standards set forth in the Service Order or this tariff, in which case the Service Commencement Date is the date of the Customer's acceptance. The Company and Customer may mutually agree on a substitute Service Commencement Date. Service Order - The written request for services executed by the Customer and the Company in the format devised by the Company. The signing of a Order by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this tariff, but the duration of the service is calculated from the Service Commencement Date. Two Way - A service attribute that includes outward dial capabilities for outbound calls and can also be used to carry inbound calls to a central point for further processing. Usage Based Charges - Charges for minutes or messages traversing over local exchange facilities. User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service provided under this tariff. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 11 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with one-way and/or two-way information transmission between points within the State of Idaho. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access from the Company’s network in order to originate or terminate its own services, or to communicate with its own customers. 2.1.2 Shortage of Equipment or Facilities (A) The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of lack of facilities, or due to some other cause beyond the Company's control. (B) The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company's facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 12 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.3 Terms and Conditions (A) Service is provided on the basis of a minimum period of at least thirty (30) days, 24-hours per day. For the purpose of computing charges in this tariff, a month is considered to have 30 days. (B) Except as otherwise stated in this tariff, Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Customers will also be required to execute any other documents as may be reasonably requested by the Company. (C) At the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month-to-month basis at the then current rates unless terminated by either party upon notice. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination. (D) Service may be terminated upon written notice to the Customer if: (1) the Customer is using the service in violation of this tariff; or (2) the Customer is using the service in violation of the law. (E) This tariff shall be interpreted and governed by the laws of the State of Idaho. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 13 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.3 Terms and Conditions, (cont'd.) (F) No person or entity shall be required to make any payment, incur any penalty, monetary or otherwise, or purchase any services in order to have the right to obtain service directly from the Company. (G) To the extent that either the Company or any other telephone company exercises control over available cable pairs, conduit, duct space, raceways, or other facilities needed by the other to reach a person or entity, the party exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilities under its control available to its customers. At the reasonable request of either party, the Company and the other telephone company shall join the attempt to obtain from the owner of the property access for the other party to serve a person or entity. 2.1.4 Limitations on Liability (A) Except as otherwise stated in this section, the liability of the Company for damages arising out of either: (1) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2.9. (B) The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 14 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liability, (cont'd.) (C) The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, due to: (1) Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen, except as contracted by the Company; (2) Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; (3) Any unlawful or unauthorized use of the Company's facilities and services; (4) Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services; (5) Breach in the privacy or security of communications transmitted over the Company's facilities; Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 15 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liability, (cont'd.) (C) (Cont'd.) (6) Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liability is limited as set forth in paragraph (A) of this Subsection 2.1.4. (7) Any non-completion of calls due to network busy conditions; (8) Any calls not actually attempted to be completed during any period that service is unavailable; (9) And any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company’s services or facilities. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 16 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liability, (cont'd.) (D) The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. (E) IN ACCORDANCE WITH APPLICABLE LAW, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. (F) Failure by the Company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other provisions. (G) Directory Errors - In the absence of gross negligence or willful misconduct, no liability for damages arising from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions of listing obtainable from the directory assistance operator, including errors in the reporting thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly tariff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 17 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liability, (cont'd.) (H) With respect to Emergency Number 911 Service (1) Neither is the Company responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or parties accessing emergency 911 service, and which arise out of the negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of any one of them. (2) When a Customer with a non-published telephone number, as defined herein, places a call to the emergency 911 service, the Company will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 18 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.5 Notification of Service-Affecting Activities The Company will comply with Idaho Public Utilities Commission Rules. The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements 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 service activities. The Company will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 19 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.6 Provision of Equipment and Facilities (A) The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. (B) The Company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. (C) The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. (D) Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided. (E) The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the Premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 20 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.6 Provision of Equipment and Facilities, (cont'd.) (F) The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, 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 transmission; or (2) the reception of signals by Customer-provided equipment. 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 hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 21 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.8 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: (A) where facilities are not presently available, and there is no other requirement for the facilities so constructed; (B) of a type other than that which the Company would normally utilize in the furnishing of its services; (C) over a route other than that which the Company would normally utilize in the furnishing of its services; (D) in a quantity greater than that which the Company would normally construct; (E) on an expedited basis; (F) on a temporary basis until permanent facilities are available; (G) involving abnormal costs; or (H) in advance of its normal construction. 2.1.9 Ownership of Facilities Title to all facilities provided in accordance with this rate sheet remains in the Company, its partners, agents, contractors or suppliers. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 22 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.1 Preferred Carrier Freeze The Company will not impose a preferred carrier freeze on local exchange service. A preferred carrier freeze(s) prevents a change in an end-user's preferred carrier selection toll services unless the end-user gives the carrier from whom the freeze was requested his or her express consent. All local exchange carriers who offer preferred carrier freezes for toll services shall offer freezes on a nondiscriminatory basis to all end-users, regardless of the end-user's carrier selections. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 23 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 2.2.2 The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and Commission regulations, policies, orders, and decisions. 2.2.3 The Company may block any signals being transmitted over its Network by Customers which cause interference to the Company or other users. Customer shall be relieved of all obligations to make payments for charges relating to any blocked Service and shall indemnify the Company for any claim, judgment or liability resulting from such blockage. 2.2.4 A customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer will be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariff will apply. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 24 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.3 Obligations of the Customer 2.3.1 General The Customer is responsible for making proper application for service; placing any necessary order, complying with tariff regulations; payment of charges for services provided. Specific Customer responsibilities include, but are not limited to the following: (A) the payment of all applicable charges pursuant to this tariff; (B) prevention of damage to or loss of the Company's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company; (C) providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises; (D) obtaining, maintaining, and otherwise having full responsibility for all rights-of- way and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1(C) Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure 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 section prior to accepting an order for service; Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 25 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.3 Obligations of the Customer, (Cont'd.) 2.3.1 General, (cont'd.) (E) providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company's employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. asbestos) prior to any construction or installation work; (F) complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of- way for which Customer is responsible under Section 2.3.1D.; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; (G) not creating, or allowing to be placed, any liens or other encumbrances on the Company's equipment or facilities; and (H) making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 26 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.3 Obligations of the Customer, (Cont'd.) 2.3.2 Liability of the Customer (A) The Customer will be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its officers, employees, agents, invites, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. (B) To the extent caused by any negligent or intentional act of the Customer as described in Section 2.3.2(A) preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, for (1) any loss, destruction or damage to property of any third party, and (2) any liability incurred by the Company to any third party pursuant to this or any other rate sheet of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided by the Company to such third party. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 27 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels 2.4.1 General A User may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A User may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff. 2.4.2 Station Equipment (A) Terminal equipment on the User's Premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the User. The User is responsible for the provision of wiring or cable to connect its terminal equipment to the Company Point of Connection. (B) The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense, subject to prior Customer approval of the equipment expense. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 28 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels, (Cont'd.) 2.4.3 Interconnection of Facilities (A) Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communication Services and the channels, facilities, or equipment of others shall be provided at the Customer's expense. (B) Communication Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers that are applicable to such connections. (C) Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all User-provided wiring shall be installed and maintained in compliance with those regulations. (D) Users may interconnect communications facilities that are used in whole or in part for interstate communications to services provided under this tariff only to the extent that the user is an is "End User", as defined in Section 69.2(m), Title 47, Code of Federal Regulations (1992 edition). Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 29 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels, (Cont'd.) 2.4.4 Inspections (A) Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2(A) for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. (B) If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this 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 necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 30 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.5 Payment Arrangements 2.5.1 Payment for Service The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Authorized Users by the Customer, regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. (A) The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state, federal and 911 taxes, charges or surcharges (however designated) (excluding taxes on Company's net income) imposed on or based upon the provision, sale or use of Network Services. (B) The security of the Customer’s PIN is the responsibility of the Customer. All calls placed using a PIN shall be billed to and shall be the obligation of the Customer. The Customer shall not be responsible for charges in connection with the unauthorized use of PINs arising after the Customer notifies the Company of the loss, theft, or other breach of security of such PINs. 2.5.2 Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other Authorized Users for services and facilities furnished to the Customer by the Company. (A) Nonrecurring charges are due and payable upon receipt and past due fifteen (15) days after the bill’s mailing date. (B) The Company shall present invoices for recurring charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within fifteen (15) days after the bill’s mailing date. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 31 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.2 Billing and Collection of Charges, (Cont'd.) (C) When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated pro rata based on the actual number of days in the month. (D) Billing of the Customer by the Company will begin on the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. (E) If any portion of the payment for regulated telecommunications services is not received by the Company, or if any portion of the payment for regulated telecommunications services is received by the Company in funds that are not immediately available, within twenty (20) days of the mail date on the bill, then a late payment penalty shall be due the Company. The late payment penalty shall be that portion of the payment for regulated telecommunications services not received by the date due minus any charges billed as taxes, fees, surcharges and franchise fees multiplied by 1.5%. (F) The Customer will be assessed a charge of twenty -five dollars ($25.00) for each check or other payment type submitted by the Customer to the Company that a bank or other financial institution refuses to honor. (G) If service is disconnected by the Company in accordance with Section 2.8 following and later restored, restoration of service will be subject to all applicable installation charges. (H) Invoices are available electronically and in paper form at the Customer’s discretion. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 32 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.3 Disputed Bills (A) In the event that a billing dispute occurs concerning any charges billed to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bill to avoid discontinuance of service for non- payment. The Customer must submit a claim, either verbally or in writing, for the disputed amount and will submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company. (B) Barr Tell offers direct Customer Service through the Company's toll free Customer Service telephone number: 877-683-5327 which is available twenty- four (24) hours per day, seven (7) days a week. (C) Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. In the event the dispute is not resolved, the Company shall inform the Customer that the Customer may utilize the complaint procedures of the Commission: The Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83702 Toll Free 1-800-432-0369 (D) If the dispute is resolved in favor of the Customer and the Customer has withheld the disputed amount, no interest, credits or penalties will apply. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 33 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.4 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished. The advance payment will not exceed an amount equal to the nonrecurring charge(s) and one (1) month’s charges for the service or facilities. The advance payment will be applied to the first full billing cycle statement and additional one (1) month advance payment will be required for each subsequent month. Advance payments do not accrue interest. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 34 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.6 Cancellation of Application for Service 2.6.1 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service commenced (all discounted to present value at six percent). 2.6.2 Where the Company incurs any expense in connection with special construction, or where special arrangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred by the Company, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction or arrangements. 2.6.3 The special charges described in 2.6.1 through 2.6.2 will be calculated and applied on a case-by-case basis. 2.7 Changes in Service Requested If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer's installation fee shall be adjusted accordingly. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 35 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.8 Discontinuance of Service 2.8.1 A Customer’s telecommunications service may be disconnected if a bill has not been paid or a payment arrangement has not been entered into within thirty (30) days from the date of mailing of a bill provided ten (10) days proper notice consisting of a separate mailing or hand delivery prior to a stated date of suspension. 2.8.2 Service may be disconnected after proper notice for any of the following reasons: (A) Nonpayment of an undisputed delinquent account or the undisputed portion of an account where a dispute exists as to part but not all of an amount billed by the company, or failure to comply with the terms of a payment arrangement. (B) Violation of the company’s rules pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment if a reasonable attempt has been made to notify the Customer and the Customer is provided with a reasonable opportunity to remedy the situation. (C) Failure to comply with guarantee arrangements where required. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 36 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.8 Discontinuance of Service, (Cont'd.) 2.8.3 Service may be disconnected without notice for any of the following reasons: (A) Where a dangerous condition exists for as long as the condition exists. (B) Where service is connected without authority by a person who has not made application for service or who has reconnected service following suspension or service for nonpayment. (C) Upon any governmental prohibition or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incurring any liability. (D) In the event of fraudulent use of the Company's network, the Company will discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. (E) Without notice in the event of Customer use of equipment or services in such a manner as to adversely affect the Company’s service to others. (F) Without notice in the event of tampering with the equipment or services furnished by the Company. (G) The Company shall provide documentation to the prospective Customer or current Customer stating the reason(s) for denial or termination of service. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 37 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.8 Discontinuance of Service, (Cont'd.) 2.8.4 Notice of Disconnection (A) A notice of disconnection shall contain the following information: (1) The words “NOTICE OF DISCONNECTION” or words with the same meaning, in print type larger than the print type of the notice text. (2) The name and address and the telephone number of the end-user. (3) A statement of the reason for the proposed disconnection of service. (4) The date on or after which service will be disconnected unless appropriate action is taken. (5) The telephone number in bold print of the telecommunications service provider where the end-user may make an inquiry. (6) The approved charges and procedures for reconnection. (7) A statement that the end-user must contact the telecommunications service provider regarding the disconnection, prior to contacting the Commission. (8) The address and telephone number of the Commission, in print size which is smaller than the print size used for the telecommunications service provider’s telephone number. (9) The services that are being disconnected, whether local and/or toll, and if the service to be disconnected is local service, a statement that the end- user must also contact their IXC if such end-user wishes to terminate such service in order to avoid incurring additional charges for such service. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 38 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.8 Discontinuance of Service, (Cont'd.) 2.8.4 Notice of Disconnection, (cont'd.) (B) The following additional information shall be in the notice unless said information can be obtained in the telephone directory and the notice refers the end-user to the location in the directory where the information can be obtained: (1) A statement of how an end-user may avoid the disconnection of service, including a statement that the end-user must notify the telecommunications service provider on the day of payment as to the place and method of such payment when the bill is paid at a place other than the office of the telecommunications service provider. (2) A statement that informs the end-user where payments may be made or how to obtain a listing of authorized payment agencies. 2.8.5 Service will not be denied, suspended, or disconnected under the following conditions. (A) The Company will not refuse service or suspend existing service or disconnect existing service by reason of non payment for telephone service by a previous occupant at the premises for which service is sought, or by reason of nonpayment of any amount back-billed due to misapplication of rates provided the applicant enters into a deferred payment plan. The Company will not disconnect or suspend service without mailing or delivering a bill to the Customer for the amount due to the Company. (B) Residential Service will not be suspended or disconnected for failure to pay a bill for a business service. (C) Business Service will not be suspended or disconnected for failure to pay a bill for a residential service. (D) Service will not be withheld from an end-user whose name was fraudulently used to obtain service at another location without the Customer's permission or knowledge. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 39 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.8 Discontinuance of Service, (Cont'd.) 2.8.5 (cont'd.) (E) The Company will not deny service to a Customer for nonpayment of an amount past due for more than three (3) years, if the Company cannot substantiate the charges with a copy of the Customer's bill. (F) Service will not be suspended or discontinued to a current Customer in good standing who accepts an additional household member owing a previous bill to the Company. (G) Local exchange service will not be denied or terminated for non payment of not- regulated services or disputed charges. 2.9 Allowances for Interruptions in Service Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, will be credited to the Customer as set forth in 2.9.1 for the part of the service that the interruption affects. 2.9.1 General (A) A credit allowance will be given when service is interrupted, except as specified below. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this rate sheet. (B) An interruption period begins when the Customer reports a service, facility or circuit to be interrupted, or when service has been found to be interrupted by the Company and the Customer releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 40 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.9 Allowances for Interruptions in Service, (Cont'd.) 2.9.1 General, (cont'd.) (C) If the Customer reports a service, facility or circuit to be interrupted but declines to release it for testing and repair, or refuses access to its premises for test and repair by the Company, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired. (D) The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. 2.9.2 Limitations of Allowances No credit allowance will be made for any interruption in service: (A) Due to the negligence of or noncompliance with the provisions of this rate sheet by any person or entity other than the Company, including but not limited to the Customer; (B) Due to the failure of power, equipment, systems, connections or services not provided by the Company; (C) Due to circumstances or causes beyond the reasonable control of the Company; (D) During any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions; (E) A service will not be deemed to be interrupted if a Customer continues to voluntarily make use of the such service. If the service is interrupted, the Customer can get a service credit, use another means of communications provided by the Company (pursuant to Section 2.9.3), or utilize another service provider; Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 41 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.9 Allowances for Interruptions in Service, (Cont'd.) 2.9.2 Limitations of Allowances, (cont'd.) (F) During any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; (G) That occurs or continues due to the Customer's failure to authorize replacement of any element of special construction; and (H) That was not reported to the Company within thirty (30) days of the date that service was affected. 2.9.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period of interruption, the Customer must pay the charges for the alternative service used. 2.9.4 Application of Credits for Interruptions in Service (A) Credits for interruptions in service that is provided and billed on a flat rate basis for a minimum period of at least one month, beginning on the date that billing becomes effective, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the period of service during which the event that gave rise to the claim for a credit occurred. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit. (B) For calculating credit allowances, every month is considered to have thirty (30) days. (C) A credit allowance will be given for interruptions of thirty (30) minutes or more. Two or more interruptions of fifteen (15) minutes or more during any one 24-hour period shall be combined into one cumulative interruption. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 42 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.9 Allowances for Interruptions in Service, (Cont'd.) 2.9.4 Application of Credits for Interruptions in Service, (Cont'd.) (D) Interruptions of 24 Hours or Less Length of Interruption Amount of Service To Be Credited Less than 30 minutes None 30 minutes up to but not including 3 hours 1/10 Day 3 hours up to but not including 6 hours 1/5 Day 6 hours up to but not including 9 hours 2/5 Day 9 hours up to but not including 12 hours 3/5 Day 12 hours up to but not including 15 hours 4/5 Day 15 hours up to but not including 24 hours One Day (E) Interruptions Over 24 Hours and Less Than 72 Hours Interruptions over 24 hours and less than 72 hours will be credited 1/5 day for each 3-hour period or fraction thereof. No more than one full day's credit will be allowed for any period of 24 hours. (F) Interruptions Over 72 Hours Interruptions over 72 hours will be credited 2 days for each full 24-hour period. No more than thirty (30) days credit will be allowed for any one month period. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 43 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.9 Allowances for Interruptions in Service, (Cont'd.) 2.9.5 Cancellation For Service Interruption Cancellation or termination for service interruption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit that has been subject to the outage or cumulative service credits. 2.10 Use of Customer's Service by Others 2.10.1 Joint Use Arrangements Joint use arrangements will be permitted for all services provided under this tariff. From each joint use arrangement, one member will be designated as the Customer responsible for the manner in which the joint use of the service will be allocated. The Company will accept orders to start, rearrange, relocate, or discontinue service only from the designated Customer. Without affecting the Customer's ultimate responsibility for payment of all charges for the service, each joint user shall be responsible for the payment of the charges billed to it. 2.11 Cancellation of Service/Termination Liability Cancellation charges and early termination liabilities apply as set forth in the Customer's contract for service. 2.12 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: 2.12.1 to any subsidiary, parent company or affiliate of the Company; or 2.12.2 pursuant to any sale or transfer of substantially all the assets of the Company; or 2.12.3 pursuant to any financing, merger or reorganization of the Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 44 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.13 Customer Liability for Unauthorized Use of the Network Unauthorized use of the network occurs when a person or entity that does not have actual, apparent, or implied authority to use the network, obtains the Company's services provided under this rate sheet. 2.13.1 Customer Liability for Fraud and Unauthorized Use of the Network (A) The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company calling card, if such a card is offered by the Company, or an accepted credit card, provided that the unauthorized use occurs before the Company has been notified. (B) A Company calling card is a telephone calling card issued by the Company at the Customer's request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls billed to the Customer's account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as an renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. (C) The Customer must give the Company written or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. (D) The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users authorized by the Customer to use service provided under this rate sheet, unless due to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third parties, the Customer's employees, or the public The liability of the Customer for unauthorized use of the Network by credit card fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money, property, labor, or services obtained by the unauthorized user before notification to the Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 45 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.14 Notices and Communications 2.14.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which the Company's bills for service shall be mailed. 2.14.2 The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on each bill for service to which the Customer shall mail payment on that bill. 2.14.3 Except as otherwise stated in this tariff, all notices or other communications required to be given pursuant to this tariff will be in writing or, in the case of a complaint, billing problem, change of name or address or cancellation/suspension of service on the part of the customer, verbal. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following placement of the notice, communication or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.14.4 The Company or the Customer shall advise the other party of any changes to the addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein. 2.15 Taxes, Fees and Surcharges The Company reserves the right to bill any and all applicable taxes, fees and surcharges in addition to normal rates and charges for services provided to the Customer. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross Receipts Tax. All state and local sales taxes are listed as separate line items on the Customer's bill and are not included in the quoted rate(s). Other taxes, charges and the regulatory assessment shall be identified in the aggregate on the Customer's bill and shall not be included in the quoted rate(s). Such taxes, charges, and assessments shall be billed to the Customers receiving service(s) within the territorial limits of such state, county, city or other taxing authority. Such billing shall allocate the tax, charge and/or assessment among Customers uniformly on the basis of each Customer's monthly charges for the types of service made subject to such tax, charge and/or assessment. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 46 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - REGULATIONS, (CONT'D.) 2.16 Miscellaneous Provisions 2.16.1 Telephone Number Changes Whenever any Customer’s telephone number is changed after a directory is published, the Company shall intercept all calls to the former number for at least one hundred and twenty (120) days and give the calling party the new number provided existing central office equipment will permit, and the Customer so desires. When service in an existing location is continued for a new Customer, the existing telephone number may be retained by the new Customer only if the former Customer consents in writing, and if all charges against the account are paid or assumed by the new Customer. 2.16.2 Maintenance and Operations Records Records of various tests and inspections, to include non-routine corrective maintenance actions or monthly traffic analysis summaries for network administration, necessary for the purposes of the Company or to fulfill the requirements of Commission rules shall be kept on file in the office of the Company as required under Commission rules. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 47 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 3 - SERVICE AREAS 3.1 Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in areas currently served by the Incumbent LECs. The Company will abide by all Commission rules and orders related to service areas and calling areas. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 48 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES 4.1 Service Order and Change Charges Non-recurring charges apply to processing Service Orders for new service and for changes in service. Primary Line Connection Charge: Applies to requests for initial connection or establishment of telephone service with the Company. Secondary Line Connection Charge: Applies to installation of a second or additional access line. Conversion Charge: Applies when converting service “as-is” from the incumbent LEC. Service Order Charge: Applies to connection of new lines and to services orders associated with Customer requests for changes in service, moves, and the addition of services, including the additional of calling features. 4.1.1 Rates Business Line Connection Charge Primary Line $79.99 Secondary Line $19.99 Conversion Charge Primary Line $9.99 Secondary Line $4.99 Service Order Charge Moves/Adds/Changes $20.00 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 49 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.2 Premises Visit Charge Premises Visit charges apply when the installation of network access facilities or trouble resolution require a visit to the Customer's premises. Premises Visit Charge Business Initial Hour $184.00 Each additional 30 minutes $45.00 4.3 Restoral Charge A restoration charge applies to the restoration of suspended service and facilities because of nonpayment of bills and is payable at the time that the restoration of the suspended service and facilities is arranged. The restoration charge does not apply when, after disconnection of service, service is later re-installed. Business Per occasion, per line: $20.00 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 50 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 5 – LOCAL EXCHANGE SERVICE 5.1 General Local exchange service is offered to business Customers on a presubscription basis from equal access originating end offices only. Service is provided on a term basis only. Unless other specified, the minimum term is one (1) year. Rates for service may vary by call type and/or term commitment. Usage rates, per call charges and monthly fees may apply. In addition, applicable Service Order and other non-recurring charges may apply. Call timing is defined in the description for each service. Service is available 24 hours a day, 7 days a week. Service is available where technically feasible and where facilities permit. 5.1.1 Application of Business and Residential Rates (A) The determination as to whether telephone service should be classified as Business or Residential is based on the character of the use to be made of the service. Service is classified as Business service where the use is primarily or substantially of a business, professional, institutional, or otherwise occupational nature. Where the business use, if any, is incidental and where the major use is of a personal or domestic nature at the person's dwelling, service is classified as Residential service. (B) Residence rates apply at the following locations, among others: (1) In private residences; in the residential portion of hotels, apartment houses, boarding houses, churches, or institutions when the use of the service is confined to the domestic use of the Customer and listings of a business nature are not furnished. (2) In the residence of a practicing physician, dentist, veterinarian, surgeon, or other medical practitioner provided that such residence is not a part of an office building. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 51 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 5 – LOCAL EXCHANGE SERVICE, (CONT’D.) 5.2 Charges Based on Duration of Use Where charges for a service are specified based on the duration of use, such as the duration of a telephone call, the following rules apply: 5.2.1 Calls are measured in durational increments identified for each service. All calls that are fractions of a measurement increment are rounded-up to the next whole unit. 5.2.2 Timing on completed calls begins when the call is answered by the called party. Answering is determined by hardware answer supervision in all cases where this signaling is provided by the terminating local carrier and any intermediate carrier(s). Timing for operator service person-to-person calls start with completion of the connection to the person called or an acceptable substitute, or to the PBX station called. 5.2.3 Timing terminates on all calls when the calling party hangs up or the Company network receives an off-hook signal from the terminating carrier. 5.2.4 Calls originating in one time period and terminating in another will be billed in proportion to the rates in effect during different segments of the call. 5.2.5 All times refer to local time. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 52 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 5 – LOCAL EXCHANGE SERVICE, (CONT’D.) 5.3 Basic Local Exchange Service 5.3.1 General Basic Local Exchange Service provides a Customer with a telephonic connection to, and a unique telephone number on, the Company switching network that enables the Customer to: (A) receive calls from other stations on the public switched telephone network; (B) access the Company Local Calling Services and other Services as set forth in this tariff; (C) access interexchange calling services of the Company and of other carriers; (D) access (at no additional charge) to Company operators and business office for service related assistance; (E) access toll-free telecommunications services such as 800 NPA; and access toll- free emergency services by dialing 0 or 9-1-1 (where available); (F) access relay services for the hearing and/or speech impaired by dialing 7-1-1. Basic Local Exchange Services cannot be used to originate calls to caller-paid information services (e.g., 900, 976) provided by other companies. Calls to those numbers and other numbers used for caller-paid information services will be blocked by the Company switch. Each Basic Local Exchange Service corresponds to one or more telephonic communications channels that can be used to place or receive one call at a time. Individual line Business Basic Local Exchange Service is comprised of exchange access lines defined as follows: Exchange Access Line - The service central office line equipment and all the Company plant facilities up to the demarcation point. These facilities are Company-provided and maintained and provide access to and from the telecommunications network for message toll service and for local calling appropriate to the tariffed use offering selected by the Customer. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 53 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 5 - LOCAL EXCHANGE SERVICE, (CONT’D.) 5.4 Local Service Plans 5.4.1 Bundled Business Line A. Description The Bundled Business Line includes the following bundle of services: - Unlimited local calling - Unlimited long distance calling (see Idaho Tariff No. 1) - All of the features below are included at no additional charge: Caller ID (Number Only) Call Waiting Caller ID Deluxe (Name and Number) Call Waiting ID Call Forwarding/Don't Answer Ring Master/Distinctive Ring Call Forwarding/Busy Line Three Way Calling Call Forward Hunting Remote Access to Call Forwarding Call Trace (*57) Speed Calling 8 Call Block (*60) Speed Calling 30 Call Return (*69) Anonymous Call Rejection Repeat Dialing (*66) - Standard features include the following (unless otherwise requested): 700 Block Directory Assistance Block 900/976 Block Operator Assisted Call Block Collect Call Block International Call Block B. Rates Monthly Rate $39.99 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 54 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 6 – SUPPLEMENTAL SERVICES 6.1 Optional Calling Features The features in this section are made available on an individual basis or as part of multiple feature packages. All features are provided subject to availability; features may not be available with all classes of service. Transmission levels may not be sufficient in all cases. 6.1.1 Feature Descriptions Anonymous Call Rejection - Gives the Customer the ability to prevent future calls from specific telephone numbers and can be activated after receipt of an unwanted call or after entering a telephone number from which the calling party does not wish to receive future calls. The screening list holds a maximum of fifteen (15) numbers. Call Block (*60) – Automatically rejects calls from a specified list of numbers or from the incoming number. Call Forwarding - Allows incoming calls forwarded to be forwarded to another line specified by the Customer by dialing a code and the telephone number to which the calls will be forwarded. Call Forwarding Don't Answer - Automatically routes incoming calls to a predetermined telephone number when the called line does not answer within a pre- specified number of rings. Call Forward Busy Line - Automatically routes incoming calls to a predetermined telephone number when the called line is busy. Call Return (*69) - Automatically redials the last incoming call. Call Trace (*57)- Allows a called party to initiate an automatic trace of the last call received. Call Trace is available on a usage basis only. Call Waiting / Call Waiting with Caller ID – Allows the Customer engaged in a call to receive a tone signal indicating a second call is waiting, and by operation of the switchhook to place the first call on hold and answer the waiting call. Call Waiting with Caller ID provides Call Waiting service with the display of Caller ID information for the call that is waiting. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 55 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 6 – SUPPLEMENTAL SERVICES, (CONT'D.) 6.1 Optional Calling Features, (Cont’d.) 6.1.1 Feature Descriptions, (cont’d.) Caller ID-Number Only – Provides for the display of the calling party telephone number on Caller ID compatible Customer premises equipment. Caller ID Name and Number– Provides for the display of the calling party name and telephone number on Caller ID compatible Customer premises equipment. Hunting - Routes a call to an idle station line in a prearranged group when the called station line is busy. Remote Access to Call Forwarding - Permits the customer who also subscribes to Call Forwarding with the ability to activate, deactivate or change Call Forwarding from a remote location. Remote Access to Call Forwarding can only be accessed from a Dual Tone Multi-Frequency (DTMF) telephone which has a full set of characters, including “*” and “#”. All charges incurred to access the remote number will be billed appropriately. Repeat Dialing (*66) - Automatically redials a busy number for up to 30 minutes until line is available. Ring Master/Distinctive Ring - Allows a Customer to have up to two separate telephone numbers (one main and one additional number) associated with one local exchange access line. Each telephone numbers has a distinctive ring on incoming calls for identification purposes. Speed Calling - Allows the Customer to dial an abbreviated code to originate a call to a list of programmed telephone numbers. Three-Way Calling - Allows the Customer to add a third party to an existing conversation. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 56 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 6 – SUPPLEMENTAL SERVICES, (CONT'D.) 6.2 Directory Assistance Services A Customer may obtain assistance, for a charge, in determining a telephone number by dialing Directory Assistance Service. A Customer can also receive assistance by writing the Company with a list of names and addresses for which telephone numbers are desired. A Customer may place a maximum of three (3) calls per month to Directory Assistance at no charge. Per Call Charge $1.50 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 57 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 7 – SPECIAL ARRANGEMENTS 7.1 Individual Case Basis (ICB) Arrangements Arrangements will be developed on a case-by-case basis in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service not generally offered under this tariff. Rates quoted in response to such competitive requests may be different than those specified for such services in this tariff. ICB rates will be offered to the Customer in writing and on a nondiscriminatory basis. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 58 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 7 – SPECIAL ARRANGEMENTS, (CONT'D.) 7.2 Non-Routine Installation and/or Maintenance At the Customer's request, installation and/or maintenance may be performed outside Company regular business hours, or (in sole discretion of the Company and subject to any conditions it may impose) in hazardous locations. In such cases, charges based on the cost of labor, material, and other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. Regular business hours are from 8:00 AM to 5:00 PM Central Time Monday through Friday. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 2 Original Page 59 COMPETITIVE LOCAL EXCHANGE SERVICES TARIFF SECTION 8 - PROMOTIONAL OFFERINGS 8.1 Demonstration of Service From time to time the Company may demonstrate service for potential Customers by providing free use of its network on a limited basis for a period of time, not to exceed one (1) month. Demonstration of service and the type, duration or quantity of service provided will be at the Company's discretion. 8.2 Special Promotions From time to time, the Carrier may provide promotional offerings to introduce a current or potential Subscriber to a service not being used by the subscriber. These offerings may be limited to certain dates, times or locations and may waive or reduce recurring or non-recurring charges. The Company will notify the Commission prior to the effective date of any promotional offering. EXHIBIT 7 INTEREXCHANGE SERVICES WITHIN THE STATE OF IDAHO Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 1 TITLE SHEET IDAHO REGULATIONS AND RATES GOVERNING THE PROVISION OF INTEREXCHANGE SERVICES WITHIN THE STATE OF IDAHO OF BARR TELL USA, Inc. 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 877-683-5327 This tariff contains the descriptions, regulations, and rates applicable to the furnishing of service and facilities for telecommunication services provided by Barr Tell USA, Inc. with principal offices located at 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521. This tariff applies for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company principal place of business. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 2 TABLE OF CONTENTS Page Title Sheet .................................................................................................................................................. 1 Table of Contents ....................................................................................................................................... 2 Check Sheet ............................................................................................................................................... 3 Symbols ..................................................................................................................................................... 5 Tariff Format .............................................................................................................................................. 6 Applicability of Tariff ................................................................................................................................ 7 Accessibility of Tariff ................................................................................................................................ 7 Section 1 - Terms and Abbreviations ......................................................................................................... 8 Section 2 - Rules and Regulations ............................................................................................................. 13 Section 3 – Terms and Conditions ............................................................................................................. 27 Section 4 - Company-specific Information ................................................................................................ 32 Section 5 - Description of Services and Rates and Charges ...................................................................... 34 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 3 CHECK SHEET Pages listed below of this tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and revised pages as named below comprise all changes from the original tariff and are currently in effect as of the date of the bottom of these pages. PAGE REVISION 1 Original 2 Original 3 Original 4 Original 5 Original 6 Original 7 Original 8 Original 9 Original 10 Original 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 Original 18 Original 19 Original 20 Original 21 Original 22 Original 23 Original 24 Original 25 Original 26 Original 27 Original 28 Original 29 Original 30 Original Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 4 CHECK SHEET, (Continued) PAGE REVISION 31 Original 32 Original 33 Original 34 Original 35 Original Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 5 SYMBOLS The following are the only symbols used for the purposes indicated below: (C) To signify a change in regulation or text. (D) To signify a reduced rate. (I) To signify an increased rate. (M) To signify a move in the location of text. (N) To signify new rate or regulation. (O) To signify an omission. (T) To signify a temporary rate and/or surcharge. In addition to symbols for changes, each provision or rate element changed will contain a vertical line which will clearly show the exact number of lines being changed. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 6 TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 4 and 5 would be 4.1. B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 4th revised Page 4 cancels the 3rd revised Page 4. C. Paragraph Numbering Sequence - There are five levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.1 2.1.1 2.1.1.(A) 2.1.1.(A).1 D. Check Sheets - When a tariff filing is made with the Commission, an updated check sheet accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross- reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 7 APPLICABILITY OF TARIFF This tariff contains the description of the services offered, the terms and conditions under which each of the services are provided and all effective rates and charges applicable to the furnishing of interexchange telecommunications services of the Company within the State of Idaho. ACCESSIBILITY OF TARIFF This tariff is on file with the Idaho Public Utilities Commission and the Company's principal place of business: Barr Tell USA, Inc. 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 These tariffs are available for viewing, during normal business hours, at the Commission or the Company's principal place of business. Additionally, copies are available upon request, free of charge, by contacting the Company at 877-683-5327. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 8 SECTION 1 - TERMS AND ABBREVIATIONS “Access" as used in this tariff means an arrangement which connects the Customer's or Subscriber's telecommunications service to the Underlying Carrier's designated point of presence or network switching center. "Authorized carrier" means any telecommunications carrier that submits a change, on behalf of an end-user, in the end-user’s selection of a provider of telecommunications service with the end-user’s authorization verified in accordance with the procedures specified in this Chapter. "Billing agent" means an entity which provides bills to an end-user for services received from a reseller. "CIC" means carrier identification code which identifies a provider of toll services by a three or four-digit number. "Class of service" means a description of service furnished a customer in terms of grade of service, type of rate, location, and use. "Clear and conspicuous" means notice that would be apparent to the reasonable consumer. "Commission" means the Idaho Public Utilities Commission. "Company" means the Reseller referred to on the title page of this tariff, unless otherwise indicated by the context. "Competitive service" means a telecommunications service determined by the Commission to be subject to effective competition for a relative geographic and service(s) market, after notice and hearing. "Complaint" means any oral or written report given to a reseller by an end-user of a reseller's service and/or the Commission's Consumer Services Division relating to dissatisfaction with the provision of or the rate(s) charged for the reseller's service(s). Each complaint shall count as a separate report regardless of whether subsequent reports relate to the same situation giving rise to the dissatisfaction with the provision of or the rate(s) charged for the reseller's regulated services. "Cramming" means the placement of unauthorized, misleading, or deceptive charges on a customer’s telephone bill for products or services that were never ordered by the customer. "Customer" means any person, firm, partnership, cooperative Public Utilities, Public Utilities, or lawful entity that receives regulated telecommunications services provided by an entity reselling intrastate telecommunications services. "Customer class" means class of service provided to a group of customers. "Customer trouble report" means any oral or written report given to the reseller's repair service or contact person, and/or the Commission’s Consumer Services Division by a customer relating to a defect or difficulty or dissatisfaction with the provision of the telecommunications service provided by the reseller. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 9 SECTION 1 - TERMS AND ABBREVIATIONS, (Continued) "Delinquent" means a payment for a billing for services provided, which is not in dispute, where payment is not received on or before the due date as posted on the bill. "Deniable charge" means a charge for those regulated services for which nonpayment may result in a disconnection of basic local service. "Disconnection of service" means an arrangement made by the end-user or reseller for permanently discontinuing service by terminating the contract and/or removing the telephone service from the end-user’s premises. "End-user" means the customer to whom a telephone number is assigned. "Exchange" means a geographic area established by a telephone company and approved by the Commission for the administration of local telephone service in a specified area which usually embraces a city, town, or village and its environs. It may consist of one or more central offices together with associated plant used in furnishing communication service in that area. "Executing carrier" means any telecommunications carrier that affects a request that an end-user’s telecommunications carrier be changed. A carrier may be treated as an executing carrier, however, if it is responsible for any unreasonable delays in the execution of carrier changes or for the execution of unauthorized carrier changes, including fraudulent authorizations. "FCC" means the Federal Communications Commission. "IXC" means interexchange carrier or interexchange company which is a carrier or company authorized by the Commission to provide long distance communications services, but not local exchange services, within the State of Idaho borders. "Initial Tariffs" means the first tariffs approved after, or in conjunction with, the granting of a Certificate of Convenience and Necessity. "InterLATA call" means any call which is originated in one LATA and terminated in another LATA. "Interstate call" means any call which is originated in one state and terminated within the boundaries of another state. "IntraLATA call" means any call which is originated and terminated within the boundaries of the same LATA, regardless of whether such call crosses LATA boundaries prior to reaching its termination point. "Intrastate call" means any call which is originated and terminated within the boundaries of the State of Idaho, regardless of whether such call crosses state boundaries prior to reaching its termination point. "LATA" means Local Access and Transport Area as defined in the Code of Federal Regulations, Title 47 Part 53.3. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 10 SECTION 1 - TERMS AND ABBREVIATIONS, (Continued) "LEC" means a local exchange company which is providing local exchange service. "Letter of Agency" ("LOA") means the written authorization that gives permission to change the customer’s telecommunications services and/or the customer’s provider or to share that customer’s network information with representatives or associates of the telecommunication company. “New service provider" means a service provider that did not bill the end-user for service during the service provider’s last billing cycle. This definition excludes service providers which bill the customer solely on a per transaction basis. "Non-deniable charge" means a charge for those non-regulated services for which nonpayment shall not result in a disconnection of basic local service. "Not-regulated service" means the offering of service(s) where the rates and/or terms and conditions for such service(s) are not regulated by the Commission. These would include any services offered from FCC tariffs such as interstate service offerings and any taxes, fees and surcharges applicable to those services, as well as any intrastate services not contained in tariffs approved by the Commission. "Point of presence ("POP")" means the location where an IXC has transmission equipment in a service area that serves as, or relays calls to, the interexchange network. "Regulated telecommunications service" means the offering of telecommunications service(s) directly to the public where the rates and/or terms and conditions for such service(s) are regulated by the Commission. These would include services offered from intrastate tariffs approved by the Commission and any taxes, fees and surcharges applicable to those services, and interstate services when the Commission is enforcing the FCC slamming rules. "Reseller" means any person, partnership, cooperative Public Utilities, Public Utilities, or lawful entity that offers telecommunications services to the public through the use of the transmission facilities of other carriers or a combination of its own facilities and the transmission facilities of other carriers for resale to the public for profit. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 11 SECTION 1 - TERMS AND ABBREVIATIONS, (Continued) "Service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Service shall not include the provision of non telecommunications services, including but not limited to the printing, distribution, or sale of advertising in telephone directories, maintenance of inside wire, customer premises equipment and billing and collection, nor does it include the provision of mobile telephone service, enhanced services and other services which are not-regulated. “Service provider" means any entity that offers a product or service to a customer, the charge for which appears on the bill of the billing agent. This definition shall include only providers that have continuing relationships with the end-user that will result in periodic charges on the end-user’s bill, unless the service is subsequently canceled. "Slamming" means the unauthorized switching of an end-user’s presubscribed IXC or reseller. "Submitting carrier" means any telecommunications carrier that requests on the behalf of an end- user that the end-user’s telecommunications carrier be changed and seeks to provide retail services to the end user. A carrier may be treated as a submitting carrier, however, if it is responsible for any unreasonable delays in the submission of carrier change requests or for the submission of unauthorized carrier change requests, including fraudulent authorizations. "Suspension of service" means an arrangement made at the initiative of the reseller for temporarily discontinuing service without terminating the contract or removing the telephone service from the customer’s premises. "Telecommunications company" or "Telecommunications carrier" means a reseller. "Telecommunications service" means service provided by a reseller including voice, data, and all other types of communications services, under the reseller’s tariffs on file with the Public Utility Division of the Commission. "Telephone bill" means a billing agent’s invoice, issued in compliance with this Chapter, for products or services rendered by itself and by a service provider(s), if any. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 12 SECTION 1 - TERMS AND ABBREVIATIONS, (Continued) "Territory" means the reseller's area of operation which may include the entire State of Idaho or some specified portion thereof. "Unauthorized carrier" means any telecommunications carrier that submits a change, on behalf of an end-user, in the end-user’s selection of a provider of telecommunications service but fails to obtain the end-user’s authorization verified in accordance with the procedures specified in this Chapter. "Unauthorized change" means a change in an end-user’s selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures specified in this Chapter. "Underlying carrier(s)" means the provider of facilities utilized by a reseller in the provisioning of its interexchange service to its customers. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 13 SECTION 2 - RULES AND REGULATIONS INDEX Page 2.1 Undertaking of Company .............................................................................................................. 14 2.2 Limitations .................................................................................................................................... 14 2.3 Transfer or Assignment................................................................................................................. 15 2.4 Use of Service ............................................................................................................................... 16 2.5 Liabilities of the Company ............................................................................................................ 17 2.6 (RESERVED FOR FUTURE USE) ............................................................................................. 18 2.7 Billing and Billing Disputes.......................................................................................................... 19 2.8 (RESERVED FOR FUTURE USE) ............................................................................................. 20 2.9 Taxes ............................................................................................................................................. 21 2.10 Equipment ..................................................................................................................................... 21 2.11 Installation and Termination ......................................................................................................... 21 2.12 Payment for Service ...................................................................................................................... 22 2.13 Returned Check Charge ................................................................................................................ 23 2.14 Cancellation of Service by Customer............................................................................................ 23 2.15 Interexchange Interconnection for Resale ..................................................................................... 23 2.16 Denial or Termination of Service ................................................................................................. 23 2.17 Disconnection and Notice ............................................................................................................. 24 2.18 Refunds or Credits for Interruption of Service ............................................................................ 25 2.19 Inspection, Testing and Adjustment.............................................................................................. 26 2.20 Customer Service .......................................................................................................................... 26 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 14 SECTION 2 - RULES AND REGULATIONS (Continued) 2.1 - UNDERTAKING OF COMPANY 2.1.1 The Company's services are furnished for telecommunications originating and terminating within the State of Idaho under terms of this tariff. 2.1.2 The Company installs, operates, and maintains the telecommunications services provided herein under the accordance with the terms and conditions set forth under this tariff. The Company may act as the Customer's agent for ordering access connection facilities provided by other carriers or entities, when authorized by the Customer, to allow connection of a Customer's location to the Company's network. The Customer shall be responsible for all charges due for such service arrangement. 2.1.3 The Company's services are provided on a monthly basis, and are available twenty-four (24) hours per day, seven (7) days per week. 2.2 - LIMITATIONS 2.2.1 Service is offered subject to the availability of the necessary facilities and equipment, or both facilities and equipment, and subject to the provisions of this tariff. 2.2.2 The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this tariff, or in violation of the law. 2.2.3 The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. 2.2.4 The Company does not offer services for resale by Customers unless such Customer has been granted a Certificate of Convenience and Necessity by the Commission to provide such services in the State of Idaho. 2.2.5 All facilities provided under this tariff are directly or indirectly controlled by the Company and the Customer may not transfer or assign the use of service or facilities without the express written consent of the Company. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 15 SECTION 2 - RULES AND REGULATIONS (Continued) 2.3 - TRANSFER OR ASSIGNMENT 2.3.1 After obtaining the Company's written consent, the Customer of record may assign or transfer the use of service where there is no interruption or physical relocation. All terms and provisions contained in this tariff will apply to any assignee or transferee. Services provided by the Company may not be transferred or assigned to a new Customer unless the following conditions have been met: (A) The Customer of record (assignor Customer) requests such assignment or transfer in writing at least forty-five (45) days prior to the effective date of any requested assignment or transfer; and, (B) The new Customer (assignee Customer) notifies the Company in writing that it agrees to assume all outstanding obligations of the former Customer for use of the Company's services. These obligations include all outstanding indebtedness for the use of the Company's service. Consent to such transfer or assignment will not be unreasonably withheld; and, (C) Prior written consent of the Company is secured. The Company agrees to respond to a request to assign or transfer to another Customer within thirty (30) days of receipt of the request. 2.3.2 Any permitted transfer or assignment of the Company's service will not relieve or discharge any Customer from remaining jointly and severally liable with the new Customer for any obligations existing at the time of transfer or assignment. 2.3.3 All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 16 SECTION 2 - RULES AND REGULATIONS (Continued) 2.4 - USE OF SERVICE 2.4.1 The Company's service(s) may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications facilities utilized in the provision of such service(s). 2.4.2 The use of the Company's service(s) to make calls which might reasonably be expected to frighten, abuse, torment, or harass another, or in such a way as to unreasonable interfere with use by others, is prohibited. 2.4.3 The use of the Company's service(s) without payment for service(s) or attempting to avoid payment for service(s) by fraudulent means or devices, schemes, false or invalid numbers, false credit cards or false Phone Cards of the Company's or false numbers of such cards, is prohibited. 2.4.4 Resale of the Company's service(s) by Customers is prohibited unless and until the Customer has provided the Company with proof that the Customer has been granted a Certificate of Public Convenience and Necessity to provide such service(s) in the State of Idaho. 2.4.5 The Company's service is available for use twenty-four (24) hours per day, seven days per week. 2.4.6 The Company does not transmit messages pursuant to the tariff, but its services may be used for that purpose. 2.4.7 The Company's service(s) may be denied for nonpayment of charges or for other violations of this tariff. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 17 SECTION 2 - RULES AND REGULATIONS (Continued) 2.5 - LIABILITIES OF THE COMPANY 2.5.1 The Company's liability for damages arising out of mistakes, interruptions, omissions, delays, errors or defects in transmission which occur in the course of furnishing service(s) or facilities in no event shall exceed an amount equivalent to the proportionate charge to the Customer for the period during which the faults in transmission occur. 2.5.2 consequential damage), for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this tariff, if Cased by any person or entity other than the Company, by any malfunction of any service or facility provided by an underlying carrier, by an Act of God, fire, war, civil disturbance, or act of government, or by any other Case beyond the company's direct control. 2.5.3 The Company will make no refund of overpayment by a Customer unless the claim for overpayment, together with proper evidence, is submitted within one (1) year from the date of alleged overpayment unless billing records prepared by the Company can be produced which would justify a credit beyond one year. 2.5.4 The Company shall not be liable for any claim, loss, or refund as a result of loss or theft of Customer-specific identifying codes issued for use with the Company's services. 2.5.5 The Company shall not be liable for any defacement of or damages to the premises of a Customer resulting from the furnishing of service(s) which is not the direct result of the Company's negligence. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 18 SECTION 2 - RULES AND REGULATIONS (Continued) 2.6 - (RESERVED FOR FUTURE USE) Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 19 SECTION 2 - RULES AND REGULATIONS (Continued) 2.7 - BILLING AND BILLING DISPUTES 2.7.1 Bills to end-users shall be issued monthly, unless the Company's approved terms and conditions of service prescribe a different interval. Bills may be issued on a billing cycle. All end-users shall receive their bills via the United States mail, unless the end-user agrees with the Company to receive a bill through different means, such as electronically via the Internet. Whatever the method of delivery, bills shall comply with OAC165:56-10-2. 2.7.2 The Customer is responsible for all charges including all calls placed from the Customer's location or by use of the Customer's authorization code(s). 2.7.3 Unless otherwise authorized by the Commission, bills shall be payable immediately upon receipt and past due twelve (12) days after the date of the Company mailing or after any deferred payment date previously established either by oral or written agreement between an end-user and the Company. The date after which the bill is past due shall be stated on the bill. 2.7.4 If a Customer's bill is not paid by the due date printed on the bill, the Company may impose a late charge of 1.5% per month on the delinquent amount. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 20 SECTION 2 - RULES AND REGULATIONS (Continued) 2.7 - BILLING AND BILLING DISPUTES, (Continued) 2.7.5 Any objection to billed charges should be reported to the Company as soon as possible. Questions regarding the Company's services or charges assessed to a Customer's bill may be directed to the Company's Customer Service Department toll-free at (877) 638-2855. The Company shall investigate the particular case and report the results to the Customer. During the period that the disputed amount is under investigation, the Company shall not pursue any collection procedures or assess late fees with regard to the disputed amount. The Customer shall be required to pay the undisputed part of the bill, and if not paid, the Company may discontinue service. In the event the disputed charges are not resolved, the Company shall inform the Customer that the Customer may utilize the complaint procedures of the Commission. The Company shall provide the Customer with the following information: The Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83702 Toll Free 1-800-432-0369 2.7.6 The Company must provide notice to affected end-users of any increased rate of a noncompetitive service at least twenty (20) days prior to implementation of said increase. 2.7.7 The Company shall provide notice to affected residential customers of any increased rate for a service determined to be competitive, prior to or concurrent with the effective rate increase. 2.8 - (RESERVED FOR FUTURE USE) Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 21 SECTION 2 - RULES AND REGULATIONS (Continued) 2.9 - TAXES The Customer is responsible for payment of any sales, use, gross receipts, excise or other local, state and federal taxes, charges or assessments, however designated (excluding taxes on the Company's net income) imposed on or based upon the provision, sale or use of the Company's services. 2.9.1 All state and local sales taxes are listed as separate line items on the Customer's bill and are not included in the quoted rate(s). 2.9.2 Other taxes, charges and the regulatory assessment shall be identified in the aggregate on the Customer's bill and shall not be included in the quoted rate(s). 2.9.3 Such taxes, charges, and assessments shall be billed to the Customers receiving service(s) within the territorial limits of such state, county, city or other taxing authority. Such billing shall allocate the tax, charge and/or assessment among Customers uniformly on the basis of each Customer's monthly charges for the types of service made subject to such tax, charge and/or assessment. 2.10 - EQUIPMENT 2.10.1 The Company's facilities and service(s) may be used with or terminated in Customer- provided terminal equipment or Customer-provided telecommunications systems, such as a telephone set, PBX or key system. Such terminal equipment shall be furnished and maintained at the expense of the Customer. The Customer is responsible for all costs at its premises, including personnel, wiring, electrical power, and the like, incurred in the use of the equipment shall comply with the generally accepted minimum protective criteria standards of the telecommunications industry as endorsed by the Federal Communications Commission. 2.11 - INSTALLATION AND TERMINATION 2.11.1 Service is installed upon mutual agreement between the Customer and the Company. The service agreement does not alter rates specified in this tariff. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 22 SECTION 2 - RULES AND REGULATIONS (Continued) 2.12 - PAYMENT FOR SERVICE 2.12.1 All charges due by the Customer are payable to any agency duly authorized to receive such payments. The billing agency may be a LEC, credit card company, or other billing service. The terms and conditions for billing, payment and collection, including without limitation, any late payment charge, specified in the LEC's local exchange service tariff shall apply to charges of the Company when the LEC serves as the billing agent for the Company or buys the Company's accounts receivables. Terms of payment shall be according to the rules and regulations of the agency, but must comply with the Commission's rules and regulations. 2.12.2 Adjustments to the Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. 2.12.3 Upon initiation or termination of service, Customer billing will commence, or terminate, with the next available bill cycle. Monthly recurring charges are not prorated based on the actual number of days that the Customer had service during the billing cycle. 2.13 - RETURNED CHECK CHARGE 2.13.1 If a check offered by a Customer for payment of service provided is dishonored; a returned check charge shall be applied in the amount of $15.00. 2.14 - CANCELLATION OF SERVICE BY CUSTOMER 2.14.1 A Customer may cancel service by providing written or verbal notice to the Company. The Company shall hold the Customer responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue through the date of service disconnection, unless otherwise noted in the description of the service affected. Customers that cancel the primary local exchange line will have the entire Account disconnected, including any secondary line and all associated features. In the event the Customer executes a term commitment agreement with the Company, the Customer must cancel service and terminate the agreement in accordance with the agreement terms. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 23 SECTION 2 - RULES AND REGULATIONS (Continued) 2.15 - INTEREXCHANGE INTERCONNECTION FOR RESALE 2.15.1 Service(s) furnished by the Company may be connected with the services or facilities of an underlying carrier. Such service(s) or facilities, if used, are provided under the terms, rates and conditions of the underlying carrier. The Customer is responsible for all charges billed by the underlying carrier(s) for use in connection with the Company's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer. 2.16 - DENIAL OR TERMINATION OF SERVICE 2.16.1 Service may be refused or terminated for any of the following reasons: (A) Nonpayment of a bill within the period prescribed in the Company's tariff. (B) Violation of or noncompliance with any provision of law, Commission rules and regulations or the Company's approved tariffs. (C) Excessive or improper use of telecommunications services, or used in such manner as to interfere with reasonable service to other Customers. 2.16.2 The Company shall provide documentation to the prospective Customer or current Customer stating the reason(s) for denial or termination of service. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 24 SECTION 2 - RULES AND REGULATIONS (Continued) 2.17 - DISCONNECTION AND NOTICE 2.17.1 When service to an end-user is disconnected for nonpayment of a bill for service after service has been suspended, the Company shall give at least ten (10) days written notice to the end- user of the Company's intent to discontinue service. Notice shall be mailed by the Company to the end-user’s address. Notice will be deemed given to the end-user three (3) days after mailing by the Company. 2.17.2 Notices of Disconnection or Notices of Suspension shall contain the following information: (A) The words "NOTICE OF DISCONNECTION" or "NOTICE OF SUSPENSION" or words with the same meaning, in print type larger than the print type of the notice text. (B) Name, address, and telephone number of customer. (C) Statement of reason for proposed disconnection or suspension of service. (D) The date on or after which service will be disconnected or suspended unless appropriate action is taken. (E) The telephone number of the Company where the customer may make an inquiry. (F) Charges and procedures for reconnection or approved charges and procedures to avoid suspension. (G) The address and telephone number of the Commission's Consumer Services Division in print size, which is smaller than the print size, used for the Company’s telephone number. (H) A statement that the end-user must contact the Company regarding the disconnection or suspension, prior to contacting the Commission's Consumer Services Division. (I) Notice of suspension of service relating to past-due amounts shall inform the end- user that the total amount due may include charges for non-deniable and/or not regulated services, which would not cause interruption of local service. The notice must indicate a toll-free telephone number of a service center where questions can be referred and payment arrangements made. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 25 SECTION 2 - RULES AND REGULATIONS (Continued) 2.17 - DISCONNECTION AND NOTICE, (Continued) 2.17.3 The Company shall not be required to give the written notice provided for in situations where the Company has evidence of fraudulent or illegal use of the Company's services, which if allowed to continue, would present a high risk of financial loss to the company. 2.17.4 The following additional information shall be in the notice unless said information can be obtained in the telephone directory and the notice refers the end-user to the location in the directory where the information can be obtained: (A) A statement of how an end-user may avoid the disconnection of service or suspension of service, including a statement that the end-user must notify the Company on the day of payment as to the place and method of such payment when the bill is paid at a place other than the office of the Company. (B) A statement that informs the end-user where payments may be made or how to obtain a listing of authorized payment agencies. 2.17.5 Notice of disconnection and/or notice of suspension shall be received via the United States mail, unless the end-user agrees with the Company to receive a bill through different means. 2.18 - REFUNDS OR CREDITS FOR INTERRUPTION OF SERVICE 2.18.1 The Customer shall be credited for an interruption of two hours or more at the rate of 1/720th of the monthly charge for the service affected for each hour or major fraction thereof that the interruption continues. Calculations of the credit shall be made in accordance with the following formula: Credit = A x B 720 "A" = outage time in hours "B" = total monthly charge for affected facility, where applicable Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 26 SECTION 2 - RULES AND REGULATIONS (Continued) 2.19 - INSPECTION, TESTING AND ADJUSTMENT 2.19.1 Upon reasonable notice, the facilities/equipment provided by the Underlying Carrier or the Company shall be made available to the Underlying Carrier or the Company for tests and adjustments as may be deemed necessary by the Underlying Carrier or the Company for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made. 2.20 - CUSTOMER SERVICE 2.20.1 The Company shall maintain a toll-free number to enable Customers to contact the Company regarding, but not limited to, inquiries related to billing, making customer trouble reports, making oral cancellation of service, etc. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 27 SECTION 3 – TERMS AND CONDITIONS INDEX Page 3.1 General .......................................................................................................................................... 28 3.2 Timing of Calls ............................................................................................................................. 28 3.3 Calculation of Distance (V&H) .................................................................................................... 29 3.4 Time of Day Rate Periods ............................................................................................................. 30 3.5 Holiday Rates ................................................................................................................................ 30 3.6 Promotional Offerings .................................................................................................................. 31 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 28 SECTION 3 – TERMS AND CONDITIONS, (Continued) 3.1 - GENERAL 3.1.1 Rates and timing of calls may vary by product type, time of day, day of week, call mileage, access method, terminating area, or call duration. Calls are billed individually and on a monthly basis. Usage is billed in arrears. 3.1.2 Intrastate services are offered in conjunction with interstate services. 3.2. - TIMING OF CALLS 3.2.1 Billing for calls placed over the network is based in part on the duration of the call as follows, unless otherwise specified in this tariff: (A) Call timing begins when the called party answers the call (i.e., when two-way communications are established). Answer detection is based on standard industry answer detection methods, including hardware and software answer detection. (B) Chargeable time for calls ends when one of the parties disconnects from the call. (C) Minimum call duration periods for billing purposes vary by service option. (D) For billing purposes, usage after the initial period varies by service and is specified by service in this tariff. (E) The Company will not bill for unanswered calls. When a Customer indicates that he/she was billed for an incomplete call, the Company will reasonably issue credit for the call. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 29 SECTION 3 – TERMS AND CONDITIONS, (Continued) 3.3 - CALCULATION OF DISTANCE ("V&H") Usage charges for all mileage-sensitive products are based on the airline distance between serving wire centers associated with the originating and terminating points of the call. The service wire centers of a call are determined by the area codes and exchanges of the origination and destination points. The distance between the wire center of the Customer's equipment and that of the destination point is calculated by using the vertical ("V") and horizontal ("H") coordinates found in Bellcore's V&H Tape and NECA FCC Tariff No. 4. Step 1 - Obtain the "V" and "H" coordinates for the wire centers serving the Customer and the destination point. Step 2 - Obtain the difference between the "V” coordinate of each of the wire centers. Obtain the difference between the "H" coordinates. Step 3 - Square the differences obtained in Step 2. Step 4 - Add the squares of the "V” difference and "H" difference obtained in Step 3. Step 5. - Divide the sum of the square obtained in Step 4 by ten (10). Round to the next higher whole number if any fraction results from the division. Step 6 - Obtain the square root of the whole number obtained in Step 5. Round to the next higher whole number if any fraction is obtained. This is the distance between the wire centers. Formula: 10 H -H + V - V 22 1221 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 30 SECTION 3 – TERMS AND CONDITIONS, (Continued) 3.4 - TIME OF DAY RATE PERIODS 3.4.1 The following rate periods apply to all service offerings and, unless otherwise specified, applicable rate periods (Day, Evening, Night/Weekend) are indicated in the chart below: MON TUE WED THUR FRI SAT SUN 8:00 AM TO 5:00 PM* DAYTIME RATE PERIOD 5:00 PM TO 11:00 PM* EVENING RATE PERIOD (Non-Day) EVE 11:00 PM TO 8:00 AM* NIGHT/WEEKEND RATE PERIOD (Non-Day) * Up to, but not including 3.4.2 When a message spans more than one rate period, total charges for the minutes in each rate period are calculated and the results for each rate period are totaled to obtain the total message charge. If the calculation results in a fractional charge, the amount will be rounded down to the lower cent. 3.5 - HOLIDAYS AND RATES 3.5.1 The Company may designate certain holidays on which rates may be lower. 3.5.2 Company-recognized holidays are presented in Section 4. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 31 SECTION 3 – TERMS AND CONDITIONS, (Continued) 3.6 - PROMOTIONAL OFFERINGS 3.6.1 Promotional offerings are intended to be limited-duration programs that are beneficial to the targeted and/or qualified customers. Promotional offerings are not intended to replace the Company’s obligation to seek approval of permanent rates and charges. 3.6.2 The Company may, during promotional periods, offer customers special rate incentives. The Company shall notify the Director of the Public Utility Division, by letter, specifying the service(s) offered, terms of the promotion, location, and dates of each promotion period. 3.6.3 Promotional offerings of services that have been determined to be competitive shall become effective on the date specified. 3.6.4 Notification of a promotional offering regarding a non-competitive service shall be provided fifteen (15) days prior to the initial offering of the campaign. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 32 SECTION 4 - COMPANY-SPECIFIC INFORMATION INDEX Page 4.1 Company Definitions ..................................................................................................................... 33 4.2 Company Observed Holidays ........................................................................................................ 33 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 33 SECTION 4 - COMPANY-SPECIFIC INFORMATION, (Continued) 4.1 - COMPANY DEFINITIONS Company or Carrier - Barr Tell USA, Inc. unless otherwise clearly indicated by the context. Barr Tell - Used throughout this tariff to refer to Barr Tell USA, Inc. 4.2- COMPANY OBSERVED HOLIDAYS 4.2.1 The Company does not provide for holiday discounts. Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 34 SECTION 5 - DESCRIPTION OF SERVICES AND RATES AND CHARGES INDEX Page 5.1 General .......................................................................................................................................... 35 5.2 Long Distance Directory Assistance Service ................................................................................. 35 5.3 Barr Tell Business Bundle Long Distance Service ........................................................................ 35 Issued: **ISSUEDATE** Effective: **EFFECTDATE** Issued By: Harold Barr, President 218 East Park Ave., Suite 522 Long Beach, NY 11561-3521 Barr Tell USA, Inc. Idaho Tariff No. 1 Original Page No. 35 SECTION 5 - DESCRIPTION OF SERVICES AND RATES AND CHARGES, (Continued) 5.1 GENERAL Long Distance service is only available in conjunction with local service. 5.2 LONG DISTANCE DIRECTORY ASSISTANCE SERVICE The charges as shown below apply for each request made to the Directory Assistance operator. Per Call: Long Distance Directory Assistance (555-1212) $1.50 5.3 BARR TELL BUSINESS BUNDLE LONG DISTANCE SERVICE The Bundle Business Long Distance Service is an outbound calling plan available to Customers who subscribe to the Business Bundle Line local service offering (see Idaho Tariff No. 2). The Plan offers unlimited direct dial outbound intraLATA toll and intrastate and interstate long distance calling. Service is for voice service only. Customers using auto dialers, telemarketing applications or switching equipmen t are not eligible to use this rate plan. Monthly Rate Per Line: $0.00