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HomeMy WebLinkAbout20041015Proposed Tariffs.pdfBULLSEYE TELECOM, INC. Exhibit H Proposed Local Exchange Tariff BullsEye Telecom, Inc.Idaho Tariff No. 1 Original Title Page IDAHO LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF BullsEye Telecom, Inc. This tariff contains the descriptions, regulations, and rates applicable to the provision oflocal exchange telecommunications services provided by BullsEye Telecom, Inc. with principal offices at 25900 Greenfield Road, Suite 330, Oak Park, Michigan 48237 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Preface Original Page 1 ABLE OF CONTENTS PREF ACE Table of Contents................................................................................... Check Sheet ........................................................................................... Explanation of Symbols ......................................................................... Application of Tariff... ........................................................................... SECTION 1 - DEFINITIONS SECTION 2 - RULES AND REGULATIONS SECTION 3 - SERVICE AREAS SECTION 4 - SERVICE CHARGES AND SURCHARGES SECTION 5 - LOCAL EXCHANGE SERVICE SECTION 6 SUPPLEMENTAL SERVICES SECTION 7 - LONG DISTANCE SERVICES SECTION 8 - ACCESS SERVICES SECTION 9 - SPECIAL ARRANGEMENTS SECTION 10 - PROMOTIONS Page Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Preface Original Page 2 CHECK SHEET The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised pages as named below contain all changes from the original rate sheet that are in effect on the date shown on each page. SECTION PAGE REVISION SECTION PAGE REVISION Title Original Original Preface Ori ginal Original Preface Original Original Preface Original Original Preface Original Original Preface Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original * - indicates those pages included with this filing Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Preface Original Page 3 CHECK SHEET, CONT' SECTION PAGE REVISION SECTION PAGE REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original * - indicates those pages included with this filing Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Preface Original Page 4 EXPLANATION OF SYMBOLS When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariff sheet affected. Changes will be identified on the revised sheet(s) through the use of the following symbols: (C) (D) (I) (N) (R) (T) (M) To signify changed rate, regulation or condition. To signify discontinued rate, regulation or condition. To signify increase. To signify new material, including a listing, rate, regulation, rule or condition. To signify reduction. To signify a change in the word of text, but no change in the rate, rule or condition. Moved from another tariff location. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Preface Original Page 5 APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate end-user local exchange communications services by BullsEye Telecom, Inc., hereinafter referred to as the Company, to Customers within the state of Idaho. BullsEye s services are furnished subject to the availability of facilities and subject to the terms and conditions set forth herein. This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at the main office of BullsEye Telecom, Inc. at 25900 Greenfield Road, Suite 330, Oak Park, Michigan 48237. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 1 Original Page 1 SECTION 1.0 - DEFINITIONS For the purpose of this tariff, the following definitions will apply: Access Line - An arrangement from a local exchange telephone company or other common carrier, using either dedicated or switched access, which connects a Customer s location to Carrier s location or switching center. Advance Payment - Part or all of a payment required before the start of service. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization codes shall be the sole property of Carrier and no Customer shall have any property or other right or interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in connection with the authorization code. Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service of the Customer. Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates. BullsEye - BullsEye Telecom, Inc., issuer of this tariff. Commission - The Idaho Public Utilities Commission. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 1 Original Page 2 SECTION 1.0 - DEFINITIONS, CONT' Common Carrier - An authorized company or entity providing telecommunications services to the public Company - BullsEye Telecom, Inc., the issuer of this tariff. Customer - The person, firm or corporation that orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff. Customer Premises - A location designated by the Customer for the purposes of connecting to the Company servIces. Customer Terminal Equipment - Terminal equipment provided by the Customer. Deposit - Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges. End Office - The LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks. End-U ser Premises - A location designated by the Customer for the purposes of connecting to the Company servIces. Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the Company s network. Presubscribed Customers may also route interexchange calls to the Company s network by dialing an access code supplied by the Company. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 1 Original Page 3 SECTION 1.0 - DEFINITIONS, CONT' Exchange Telephone Company or Telephone Company - Denotes any individual, partnership, association joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in providing public switched communication service throughout an exchange area, and between exchange areas within the LATA. ICB - Individual Case Basis. IXC or Interexchange Carrier - A long distance telecommunications services provider. Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance provided within this Tariff by Carrier shall not apply where service is interrupted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of non-payment of bills, unlawful or improper use of the Carrier s facilities or service, or any other reason covered by this Tariff or by applicable law. 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 aLA T A in the National Exchange Carrier Association, Inc. TariffF. No., or its successor tariff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment which continue for the agreed upon duration of the service. MOU - Minutes of Use. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 1 Original Page 4 SECTION 1.0 - DEFINITIONS, CONT' Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used in calculation of airline mileage. Shared Inbound Calls - Refers to calls that are terminated via the Customer s Company-provided local exchange line. Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer s local telephone lines are presubscribed by the Company to the Company s outbound service such that" 1 + 1 O-digit number" calls are automatically routed to the Company s or an IXC's network. Calls to stations within the Customer s LATA maybe placed by dialing "lOXXX" or "lOlXXXX" with 1 + 10-digit number. Station - The network control signaling unit and any other equipment provided at the Customer s premises which enables the Customer to establish communications connections and to effect communications through such connections. Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications service from BullsEye. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company. NECA - National Exchange Carriers Association. Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and establish service. PIN - Personal Identification Number. See Authorization Code. Point of Presence ("POP") - Point of Presence Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 1 Original Page 5 SECTION 1.0 - DEFINITIONS, CONT' Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service. Service - Any means of service offered herein or any combination thereof. Service Order - The written or verbal request for Company services by the Customer and the Company in the format devised by the Company. A Service Order initiates the respective obligations of the parties as set forth therein and pursuant to this tariff. Switched Access Origination/Termination - Where access between the Customer and the interexchange carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a LED-provided business or residential access line. The cost of switched Feature Group access is billed to the interexchange carrier. Terminal Equipment - Any telecommunications equipment other than the transmission or receiving equipment installed at a Company location. Usage 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 1 SECTION 2.0 - RULES AND REGULATIONS Undertaking of the Company 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 originating from points within the State of Idaho, and terminating within a local calling area as defined herein. 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 to the Company network in order to originate or terminate its own services or to communicate with its own Customers. 1.2 Shortage of Equipment or Facilities 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. The furnishing of service under this tariff is subj ect to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 2 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.3 Terms and Conditions Minimum Period - Service is provided on a term basis only. The minimum term period is one (1) year unless otherwise specified in this tariff or mutually agreed upon by contract. Penalties may apply for early termination of the term agreement. 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. Continuation of Service - Except as otherwise stated in the tariff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall be renewed automatically for a one (1) year term, unless the Customer provides notice of intent not to renew such agreement at least thirty (30) days prior to the end of the initial or any additional term. 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 that by their nature extend beyond the termination of the term of the service order shall survive such termination. Service may be terminated upon written notice to the Customer if: the Customer is using the service in violation of this tariff; or the Customer is using the service in violation of the law. This tariff shall be interpreted and governed by the laws of the State of Idaho without regard for its choice of laws provision. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 3 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.3 Terms and Conditions, Cont' Any other Telephone Company may not interfere with the right of any person or entity to obtain service directly from the Company. 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. 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 jointly attempt to obtain from the owner of the property access for the other party to serve a person or entity. The Company hereby reserves its rights to establish service packages specific to a particular Customer. These contracts mayor may not be associated with volume and/or term discounts. All service packages established by the Company will be filed with the Commission prior to the furnishing of service. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 4 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability 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. Except for the extension of allowances to the Customer for interruptions in service set forth in Section 2., the Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service. 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 5 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability, Cont' The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees, due to: 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; 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; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; Any unlawful or unauthorized use of the Company s facilities and services; Libel, slander, invasion of privacy or infringement of patents, trade secrets or copyrights arising from or in connection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services; Breach in the privacy or security of communications transmitted over the Company s facilities; Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 6 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability, Cont' Cont' 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 above in Section 2. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance presence, use or removal of the Customer facilities or equipment connected, or to be connected to the Company s facilities; Any noncompletion of calls due to network busy conditions; Any calls not actually attempted to be completed during any period that service is unavailable; 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 7 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability, Cont' The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. 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. Failure by the Company to assert its rights pursuant to one provision of this tariff does not preclude the Company from asserting its rights under other provisions. 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 8 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability, Cont' With respect to Emergency Number 911 Service: This service is offered solely as an aid in handling assistance calls in connection with fire, police and other emergencies. The company is not responsible for any losses, claims, demands, suits or any liability whatsoever whether suffered, made instituted or asserted by the Customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service. 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 anyone of them. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 9 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.4 Limitations on Liability, Cont' With respect to Emergency Number 911 Service, Cont' When a Customer with a nonpublished 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. subscribing to service under this tariff, the Customer acknowledges and agrees with the release of information as described above. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court s responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 1.5 Notification of Service-Affecting Activities 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 10 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 1.6 Provision of Equipment and Facilities 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. 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. 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 the equipment is provided. Except as otherwise indicated, Customer provided station equipment at the Customer s premises for use in connection with this service shall be so constructed maintained and operated as to work satisfactorily with the facilities of the Company. 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: the through transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or the reception of signals by Customer-provided equipment; or network control signaling where such signaling is performed by Customer- provided network control signaling equipment. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, Cont' 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. 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 construction undertaken: where facilities are not presently available, and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; over a route other than that which the Company would normally utilize in the furnishing of its services; in a quantity greater than that which the Company would normally construct; on an expedited basis; on a temporary basis until permanent facilities are available; involving abnormal costs; or in advance of its normal construction. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 12 SECTION 2.0 - RULES AND REGULATIONS, CONT' Undertaking of the Company, ContJ 1.9 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its partners, agents, contractors or suppliers. Prohibited Uses 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. 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 the Public Utilities Commission of Idaho s regulations, policies, orders, and decisions. 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. 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page SECTION 2.0 - RULES AND REGULATIONS, CONTJ Obligations of the Customer General The Customer shall be responsible for: the payment of all applicable charges pursuant to this tariff; 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; providing at no charge, as specified from time to time by the Company, any needed 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; obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Communications Services to the Customer from the cable building entrance or property line to the location of the equipment space described above in Section 2.3 .C. Any and all costs associated with the 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 14 SECTION 2.0 - RULES AND REGULATIONS, CONT' Obligations of the Customer, Cont' General, Cont' 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 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., friable asbestos) prior to any construction or installation work; complying with all laws and regulations applicable to, and obtaining all consents approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.l.D; 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; not creating or allowing to be placed any liens or other encumbrances on the Company s equipment or facilities; and 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 15 SECTION 2.0 - RULES AND REGULATIONS, CONT' Obligations of the Customer, ContJ Liability of the Customer 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. To the extent caused by any negligent or intentional act of the Customer as described in (A), preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees, 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 tariff 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. The Customer shall not assert any claim against any other Customer or user of the Company s services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff including but not limited to mistakes, omissions, interruptions, delays errors or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this tariff is intended either to limit or to expand Customer s right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 16 SECTION 2.0 - RULES AND REGULATIONS, CONT' Customer Equipment and Channels 2.4.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 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. Station Equipment 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 MPOP. 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 1 SECTION 2.0 - RULES AND REGULATIONS, CONT' Customer Equipment and Channels, Cont' Interconnection of Facilities Local Traffic Exchange provides the ability for another local exchange provider to terminate local traffic on the Company s network. In order to qualify for Local Traffic Exchange the call must: (a) be originated by an end user of a company that is authorized by the Public Utilities Commission of Idaho to provide local exchange service; (b) originate and terminate within a local calling area of the Company. Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communications Services and the channels, facilities, or equipment of others shall be provided at the Customer s expense. Communications 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 which are applicable to such connections. 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. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 18 SECTION 2.0 - RULES AND REGULATIONS, CONT' Customer Equipment and Channels, Cont' 2.4.Inspections 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.B of this tariff 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. 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. If harm to the Company s network, personnel or services is imminent, the Company reserves the right to shut down Customer s service immediately, with no prior notice required. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 19 SECTION 2.0 - RULES AND REGULATIONS, CONT' Customer Deposits and Advance Payments 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 non-recurring charge(s) and one month's charges for the service or facility. The advance payment will be credited to the Customer s initial bill. Deposits The Company does not require deposits from Customers. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 20 SECTION 2.0 - RULES AND REGULATIONS, CONT' Payment Arrangements, ContJ Payment for Service General 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. 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 Companys net income) imposed on or based upon the provision, sale or use of Network Services. 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. Customers will only be charged once, on either an interstate or intrastate basis, for any nonrecurring or usage based charges. 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, where permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho Telecommunications Service Assistance Program, and Universal Service. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in addition to rates as quoted in this tariff and will be itemized separately on Customer invoices. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 21 SECTION 2.0 - RULES AND REGULATIONS, CONT' Payment Arrangements, ContJ 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. Nonrecurring charges are due and payable within thirty (30) days after the invoice date, unless otherwise agreed to in advance. 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 thirty (30) days after the invoice date. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. 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 on a pro rata basis. For this purpose, every month is considered to have thirty (30) days. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 22 SECTION 2.0 - RULES AND REGULATIONS, CONT' Payment Arrangements, Cont' Billing and Collection of Charges, ContJ 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. If any portion of the payment is not received by the Company, or if any portion of the payment 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 not received by the date due minus any charges billed as local taxes multiplied by 5%. 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. If service is disconnected by the Company in accordance with Section 2.7 following and later restored, restoration of service will be subject to all applicable installation charges. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 23 SECTION 2.0 - RULES AND REGULATIONS, CONT' Payment Arrangements, Cont' Disputed Bills In the event that a billing dispute occurs concerning any charges billed to t~e 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 documented claim for the disputed amount. The Customer will submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within a reasonable period of time after receipt of billing for those services and in accordance with Idaho law. If the Customer does not submit a claim as stated above, the Customer waives all rights to filing a claim thereafter. Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may file a complaint with the Idaho Public Utilities Commission, 472 West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800- 432-0369. 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 24 SECTION 2.0 - RULES AND REGULATIONS, CONT' Discontinuance of Service Service may be disconnected after seven (7) calendar days written notice for any of the following reasons: The Customer did not pay undisputed delinquent bills for local exchange services or paid a delinquent bill for local exchange services with any dishonored check. The Customer failed to make a security deposit or obtain' a guarantee when one is required. The Customer failed to abide by the terms of a payment arrangement. The Customer misrepresented the Customer s identity for the purpose of obtaining telephone service. The Company determines as prescribed by relevant state or other applicable standards that the Customer is willfully wasting or interfering with service through improper equipment or otherwise. The Customer is using service(s) for which the Customer did not apply. At least 24 hours before actual termination, the Company will attempt to contact the Customer affected to apprize the Customer of the proposed termination action and steps to take to avoid or delay termination. Service will not be terminated in the event that a formal or informal complaint concerning termination is filed with the Commission. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 25 SECTION 2.0 - RULES AND REGULATIONS, CONTJ Discontinuance of Service Service may be disconnected without notice and without incurring any liability for any of the following reasons: A condition immediately dangerous or hazardous to life, physical safety or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. The Company is ordered to terminate service by any court, the Commission, or any other duly authorized public authority. In the event of fraudulent use of the Company s network, where the service( s) was (were) obtained, diverted or used without the authorization or knowledge of the Company, the Company will discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. The Company has tried diligently to meet the notice requirements, but has been unsuccessful in its attempt to contact the Customer affected. The Customer has misrepresented the Customer s identify for purposes of obtaining telephone service and has no or an inadequate security deposit on file with the Company and has an outstanding bill exceeding $100. Upon the Customer s insolvency, assignment for the benefit of creditors, filing for bankruptcy or reorganization, or failing to discharge an involuntary petition within the time permitted by law. Upon the Company s discontinuance of service to the Customer under Section 2. or 2., the Company, in addition to all other remedies that maybe available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges that would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable (discounted to present value at six percent). Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 26 SECTION 2.0 - RULES AND REGULATIONS, CONTJ Cancellation of Application for Service Applications for service cannot be canceled without the Company s agreement. Where the Company permits a Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. 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). 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. The special charges described in 2.1 through 2.3 will be calculated and applied on a case- by-case basis. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 27 SECTION 2.0 - RULES AND REGULATIONS, CONTJ 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 28 SECTION 2.0 - RULES AND REGULATIONS, CONT' 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 2.1 for the part of the service that the interruption affects. 10.General Service Outage 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., the Customer is unable to transmit or receive, because of a cross-talk, static or other transmission problem, the Company will respond to a Customer s report of such a service outage" in accordance with IDAP A 31.41.01 Rule 503. Customer s bills will be appropriately and automatically credited pursuant to the terms of Rule 503. Receipt and Recording of Reports The Company will provide for the receipt of Customer trouble reports at all hours and make a full and prompt investigation of and response to all reports. The Company will maintain an accurate record of trouble reports made by its Customers. This record will include accurate identification of the Customer or service affected the time, date and nature of the report, the action taken to clear the trouble or satisfy the Customer, and the date and time of trouble clearance or other disposition. This record will be available to the Commission or its authorized representatives upon request at any time within two (2) years of the date of the record. Repair Commitments Commitments to the Customer for repair service will be set in accordance with Rule 503. The Company will make every reasonable attempt to fulfill repair commitments to its Customers. Customers will be timely notified of unavoidable changes. Failure to meet a repair commitment does not relieve the Company of the credited provisions in Rule 503., unless the Customer fails to keep an appointment the Customer agreed to when the original commitment was made Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 29 SECTION 2.0 - RULES AND REGULATIONS, CONT' Allowances for Interruptions in Service, (Cont' 10.1 General, (Cont' Restoration of Service When the Company providing local exchange is informed by a Customer of a local exchange service outage, the Company will: restore service within sixteen (16) hours after the report of the outage if the Customer notifies the Company that the service outage creates an emergency for the Customer, or restore service within twenty-four (24) hours after the report of the outage if no emergency exists, except that outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, which ever is sooner. If the Company does not restore service within the times required by this subsection, the Company will credit the Customer s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 30 SECTION 2.0 - RULES AND REGULATIONS, CONT' Allowances for Interruptions in Service, (Cont' 10.General, (ContJ Extenuating Circumstances Following disruption of local exchange service caused by natural disaster or other causes not within the Company s control and affecting large groups of Customers, or in conditions where the personal safety on an employee would be jeopardized, the Company is not required to provide the credit referred to in Subsection 503.01 as long as it uses reasonable judgment and diligence to restore service, giving due regard for the needs of various Customers and the requirements of the telecommunications service priority (TSP) program ordered in FCC Docket 88-341. When a Customer causes the Customer s own service outage or does not make a reasonable effort to arrange a repair visit within the service restoration deadline, or when the Company determines that the outage is attributable to the Customer s own equipment or inside wire, the Company is not required to provide to that Customer the credit referred to in Subsection 503.01. Compliance Standard Each month at least ninety percent (90%) of out-of-service trouble reports will be cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a monthly service record as described in Subsection 502.01 and will notify the Commission whenever the record indicates the ninety percent (90%) level has not been met for a period of three (3) consecutive months. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 3 SECTION 2.0 - RULES AND REGULATIONS, CONT' Cancellation of Service/Termination Liability If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever other than a service interruption (as defined in Section 2.10.1 above), the Customer agrees to pay to the Company termination liability charges, as defined below. These charges shall become due as of the effective date of the cancellation or termination and be payable within the period, set forth in Section 2. 11.1 Termination Liability The Customer s termination liability for cancellation of service shall be equal to: all unpaid Non-Recurring charges reasonably expended by the Company to establish service to the Customer; plus any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by the Company on behalf of the Customer; plus 90% of the Monthly Recurring Charge for the service under the term agreement multiplied by the number of lines, multiplied by the months remaining in the term agreement. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 32 SECTION 2.0 - RULES AND REGULATIONS, CONTJ Cancellation of Service by Customer Customers may cancel service verbally or in writing. The company shall hold the Customer responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up to the cancellation date. 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. 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: 13.to any subsidiary, parent company or affiliate of the Company; or 13.pursuant to any sale or transfer of substantially all the assets of the Company; or 13.pursuant to any financing, merger or reorganization of the Company. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 33 SECTION 2.0 - RULES AND REGULATIONS, CONT' 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 tariff. 14.1 Customer Liability for Fraud and Unauthorized Use of the Network 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. 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 a renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. 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. 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 tariff, unless due to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer service or Customer-provided equipment by third parties, the Customers 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:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 34 SECTION 2.0 - RULES AND REGULATIONS, CONTJ Use of Customer s Service by Others 15.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 j oint use of the service will be allocated. The Company will accept orders to start, rearrange, relocate, or discontinue service only from the 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. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. Section 2 Original Page 35 SECTION 2.0 - RULES AND REGULATIONS, CONT' Notices and Communications 16.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 Customer may also designate a separate address to which the Company s bills for service shall be mailed. 16.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. 16.Except as otherwise stated in this tariff, all notices or other communications required to be given pursuant to this tariff will be in writing. 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. 16.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. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 2 Original Page 36 SECTION 2.0 - RULES AND REGULATIONS, CONT' Universal Emergency Telephone Number Service (911) Uni versal Emergency Telephone Number Service (911 Service) is an arrangement of Company central office and trunking facilities whereby any telephone user who dials the numbers 911 will reach the emergency report center for the telephone from which the number is dialed or will be routed to an operator if all lines to an emergency report center are busy. If no emergency report center Customer exists for a central office entity, a telephone user who dials the number 911 will be routed to an operator. No call-specific charges apply to 911 calls. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 3 Original Page 1 SECTION 3.0 - SERVICE AREAS Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in areas currently served by the following Incumbent LECs: 1) Qwest Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 1 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES Service Order and Change Charges 1.1 General Non-recurring charges apply to processing Service Orders for new service and for changes in servIce. New Installation Charge - applies to requests for initial connection or establishment of telephone service to the Company. This charge applies to each line installed. Technician Dispatch Charge - applies, in addition to all other charges for the visit when a visit to the Customer s premises is necessary to move, add, change or install service, or to isolate a problem reported to the Company which cannot be handled remotely. This charge also applies when the Customer fails to meet the Company agent or employees for the prearrangement appointment as requested. Service Order Change Charge - applies to work associated with Customer-requested changes to existing services, including adding or deleting line features. One Service Order Change Charge applies for each change order requested by the Customer. If multiple changes are requested by the Customer and occur on the same order, only one charge applies. Move Charge - applies when a Customer requests a move or change in physical location of each line. This charge applies whether a Customer changes a telephone number or not. In addition, if the Customer requests a telephone number change, a separate charge may apply. Telephone Number Change Charge - applies to each Customer-initiated change in telephone number. Record Order Change Charge - applies when billing or contact information is changed on a Customer account. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 2 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' Service Order and Change Charges, Cont' 1.2 Rates New Installation Charge, per line:$100. Technician Dispatch Charge, per visit:$95. Service Order Change Charge, per order:$10. Move Charge, per line:$50. Telephone Number Change Charge, per request:$50. Record Order Change Charge:$10. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 3 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' 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. This charge applies in addition to the Technician Dispatch Charge. Rate Per Hour $50. Restoral Charge A restoral charge applies each time a service is reconnected after suspension or termination for nonpayment but before cancellation of the service, as deemed in Section 2 of this Tariff. Restoration, per line: Business $30. Residence $30. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 4 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' 4.4 Carrier Presubscription 4.4.General Carrier Presubscription is a procedure whereby a Customer designates to the Company the carrier which the Customer wishes to be the carrier of choice for intraLA T A and interLA T A toll calls. Such calls are automatically directed to the designated carrier, without the need to use carrier access codes or additional dialing to direct the call to the designated carrier. Presubscription does not prevent a Customer who has presubscribed to an IntraLA T A InterLA T A toll carrier from using carrier access codes or additional dialing to direct calls to an alternative long distance carrier on a per call basis. Presubscription Options - Customers may select the same carrier or separate carriers for intraLA T A and interLA T A long distance. The following options for long distance Pre subscription are available: Option A: Customer select the Company as the presubscribed carrier for IntraLA T A and InterLATA toll calls subject to presubscription. Option B : Customer may select the Company as the presubscribed carrier for IntraLA T A calls subject to presubscription and some other carrier as the presubscribed carrier for interLA T A toll calls subject to presubscription. Option C: Customer may select a carrier other than the Company for intraLATA toll calls subject to presubscription and the Company for interLATA toll calls subject to presubscription. Option D : Customer may select the carrier other than the Company for both intraLA T A and interLA T A toll calls subject to presubscription Option E: Customer may select two different carriers, neither being the Company for intraLATA and interLATA toll calls. One carrier to be the Customers' primary intraLATA interexchange carrier. The other carrier to be the Customer s primary interLA T A interexchange carrier. Option F: Customer may select a carrier other than the Company for no presubscribed carrier for intraLA T A toll calls subject to presubscription which will require the Customer to dial a carrier access code to route all intraLA T A toll calls to the carrier of choice for each call. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 5 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' Carrier Presubscription, Cont' 4.4.Rules and Regulations Customers of record will retain their primary interexchange carrieres) until they request that their dialing arrangements be changed. Customers of record or new Customers may select either Options A, B, C, D, E or F for intraLA T A Presubscription. Customers may change their selected Option and/or pre subscribed toll carrier at any time subject to charges specified in 4.4.5 below: 4.4.Presubscription Procedures A new Customer will be asked to select intraLA T A and interLA T A toll carriers at the time the Customer places an order to establish local exchange service with the Company. The Company will process the Customer s order for service. All new Customers' initial requests for intraLA T A toll service pre subscription shall be provided free of charge. If a new Customer is unable to make selection at the time the new Customer places an order to establish local exchange service, the Company will read a random listing of all available intraLA T A and interLA T A carriers to aid the Customer in selection. If selection is still not possible, the Company will inform the Customer that he/she will be given 90 calendar days in which to inform the Company of his /her choice for primary toll carrier(s) free of charge. Until the Customer informs the Company of his /her choice of primary toll carrier, the Customer will not have access to long distance services on a presubscribed basis, but rather will be required to dial a carrier access code to route all toll calls to the carrieres) of choice. Customers who inform the Company of a choice for toll carrier presubscription within the 90 day period will not be assessed a service charge for the initial Customer request. Customers of record may initiate a intraLA T A or interLA T A pre subscription change at any time, subject to the charges specified in 4.4.5 below. Ifa Customer of record inquires of the Company of the carriers available for toll presubscription, the Company will read a random listing of all available intraLA T A carriers to aid the Customer in selection. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 6 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' Carrier Presubscription, Cont' Presubscription Charges Application of Charges After a Customer s initial selection for a presubscribed toll carrier and as detailed in above, for any change thereafter, an Presubscription Change Charge, as set for the below will apply. Customers who request a change in intraLA T A and interLA T A carriers with the same order will be assessed a single charge per line. Nonrecurring Charges Per business or residence line, trunk, or port Initial Line, or Trunk or Port Additional Line, Trunk or Port $5. $5. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 4 Original Page 7 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT' Public Telephone Surcharge In order to recover Company expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all intrastate calls that originate from any pay telephone used to access Company provided services. This surcharge, which is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with service, applies for the use of the instrument used to access Company provided service and is umelated to the service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (e., using the "#" symbol). The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone. Rate Per Call:$0.43 Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 1 SECTION 5.0 - LOCAL EXCHANGE SERVICE General Local exchange service is offered to business and residential Customers on a pre subscription basis from equal access originating end offices only. Service is provided on a term basis only. Unless otherwise 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. 1.1 Application of Business and Residential Rates 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. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 2 SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT' General (Cont' 1.1 Application of Business and Residential Rates (Cont' Business rates apply at the following locations, among others: In offices, stores and factories, and in quarters occupied by clubs, lodges fraternal societies, schools, colleges, libraries, hospitals, and other business establishments. In residence locations where the place of residence is in the immediate proximity to a place of business and it is evident that the telephone in the residence is or will be used for business purposes, and in residence locations where an extension is located at a place where business rates would apply. In the residence of a practicing physician, dentist, veterinary, surgeon, or other medical practitioner who has no service at business rates at another location. In any residence location where there is substantial business use of the service and the customer has no service at business rates. Residence rates apply at the following locations, among others: 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. 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 and provided the Customer has service charged for at business rates another location. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 3 SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT' General (Cont'd. 1.2 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: 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. 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 carriere 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. Timing terminates on all calls when the calling party hangs up or the Company network receives an off-hook signal from the terminating carrier. 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. All times refer to local time. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 4 SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT' General (Cont' 1.3 Service Terms 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: receive calls from other stations on the public switched telephone network; access the Company s Local Calling Services and other Services as set forth in this tariff; access interexchange calling services of the Company and of other carriers; access to the Company s operators and business office for service related assistance; access toll-free telecommunications services such as 800 NP A; and access toll-free emergency services by dialing 0 or 9-1 (where available); access relay services for the hearing and/or speech impaired. access to Directory Assistance Service. Basic Local Exchange Services cannot be used to originate calls to caller-paid information services (e., 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 s 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. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 5 SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT' Local Exchange Bundled Services PowerS aver Unlimited PowerS aver Unlimited is targeted at business Customers and provides a single analog voice- grade local exchange access line and unlimited local calling. Intrastate and interstate direct dial outbound and inbound toll and long distance calling is available as an option either on a usage basis or as a plan that provides the Customer with unlimited direct dial outbound toll and long distance calling. Inbound toll free calling is available as an option on a usage basis. Directory Assistance, Operator Assistance, Calling Card and International calling and Call Management Features are available at the tariffed rates. Service Terms and Conditions Service is available only on a term basis with term periods of one (1) and three (3) years. Customers may choose to expand a 1 year term agreement to a 3 year term agreement at any time during the first 12 months of service. If a conversion from a 1 to 3 year term takes place, the additional two years of the contract will be added to the existing 1 year contract terms. If the 3 year contract term offer is not accepted until after the end of month 12 of the original 1 year term, the term will start over again from month 1 at that point. The local exchange access line is designed for standard business voice-only applications. If it is determined that usage is not consistent with standard business voice applications or is being used for call center dialer operations and usage exceeds 7 500 minutes per line, per month, the Customer may be assessed an additional $50.00 per month per 7 500 minute increment above the initial 7 500 minutes, be advised to purchase a data/fax line specifically designed for such purposes, or be disconnected. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 5 Original Page 6 SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT' Local Exchange Bundled Services, (Cont' PowerS aver Unlimited, (Cont' Local Exchange Service Term1 Year 3 Year Nonrecurring Set-up Fee Per Account:$50.$0. Local Exchange Line, per month: Initial Line Additional Line, each $35. $22. $30. $20. Long Distance Service For a full description of the long distance portion of PowerS aver Unlimited, please see Section 7 of this tariff. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 1 SECTION 6.0 - SUPPLEMENTAL SERVICES Custom Calling Features 1.1 General 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. 1.2 Description of Features Call Forward Variable - Automatically routes incoming calls to a predetermined telephone number Call Forward Busy - Automatically routes incoming calls to a predetermined telephone number when the called line is busy. Remote Access to Call Forward - Allows the Customer to activate and deactivate their Call Forward feature and to change their forwarded to number from a location other than where their service is located. Call Waiting - Signals the Customer with a burst of tone to indicate that another call is waiting. The second call can either be answered by flashing the switchhook or hanging up the phone and being rung back by the caller. Call Waiting with Caller ill - Displays the name and telephone number of an incoming caller on a display device while Customer is on another call. 3 - Way Calling - Allows the Customer to add a third party to an existing conversation. Speed Calling 8- Allows the Customer to dial an abbreviated code to originate a call to any of 8 programmed telephone numbers. Speed Calling 30- Allows the Customer to dial an abbreviated code to originate a call to any of 30 programmed telephone numbers. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 2 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Custom Calling Features, (Cont' 1.2 Description of Features, (Cont' Auto Call Back - Automatically redials the last incoming call. Repeat Dialing - Automatically redials a busy number for up to 30 minutes until line is available. Call Blocker - Automatically rejects calls from a specified list of numbers or from the incoming number. Caller ill - Provides for the display of the calling party telephone number on Caller ID compatible customer premises equipment. Caller ID with Name - Provides for the display of the calling party name and telephone number on Caller ill compatible customer premises equipment. Distinctive Ring - Provides the Customer with two (2) separate telephone numbers, each with a distinctive ring, associated with one line. Priority Call - Provides a distinctive audible signal to the Customer when a call is received from one of a pre-specified list of telephone numbers. Anonymous Call Blocking - Blocks calls from callers who prevent their telephone numbers from being displayed on a Caller ID Device. Call Originating Trace - Allows the Customer to dial a Call Trace activation code to initiate a trace of the last incoming call without obtaining prior legal authorization or assistance from the Company. The results of a completed trace will be recorded in the Central Office and will be made available only to law enforcement agencies, as directed by the Customers. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 3 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Custom Calling Features, (Cont' 1.3 Rates and Charges The following features are available to Customers on a monthly basis. Customers are allowed unlimited use of each feature. No usage sensitive charges apply. Multiline Customers must order the appropriate number of features based on the number of lines which will have access to the features. The rates and charges below are provided on a month-to-month basis. Custom Calling Feature Monthly Recurring Char~e Call Forward Variable $10. Call Forward - Busy $10. Remote Access to Call Forward $10. Call Waiting $10. Call Waiting with Caller ID $10. 3 -Way Calling $10. Speed Calling 8 $10. Speed Calling 30 $10. Auto Call Back $10. Repeat Dialing $10. Call Blocker $10. Caller ID $10. Caller ill with Name $10. Distinctive Ring $10. Priority Call $10. Anonymous Call Blocking $10. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 4 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Custom Calling Features, (Cont' 1.3 Rates and Charges (Cont' The following features are available to all local exchange Customers on a per use basis. Customers may utilize each feature by dialing the appropriate access code. The Customer will be billed a per use charge each time the feature is used by the Customer. Customers may choose to subscribe to these features on a monthly basis to obtain unlimited use of these features for a fixed monthly charge. Custom Callin2 Feature Per Use Way Calling $1.00 Repeat Dialing $1.00 Automatic Callback $1. Caller Originating Trace $5. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 5 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' 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. There are no call allowances for Directory Assistance. Basic Directory Assistance The rates specified following apply when Customers request Company assistance in determining telephone numbers of Customers who are located in the same local service area or who are not located in the same local service area but who are located within the same NPA. A maximum of two (2) requested telephone numbers are allowed per call. Charges will not apply for calls placed from hospital services or calls placed from telephones where the Customer or, in the case of residence service, a member of the Customer household, has been affirmed in writing as unable to use a Company provided directory because of a visual, physical or reading handicap. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 6 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Directory Assistance Services, (ContJ Directory Assistance Call Completion Directory Assistance Call Completion (DACC) is a service that provides Customers the option of having their local or intraLA T A calls automatically completed when they request a telephone listing from the Directory Assistance operator. The requested number can be dialed automatically by the Operator Services System upon selection by the Customer of a mechanized prompt. No alternative billing is provided by the Directory Assistance Operator, however, alternative billing of can be provided by dialing "0" and requesting such billing through the "0" Operator at the rates specified in Section 5.8 of this tariff. Service is available only where the facilities and service used by the Customer can support all billing requirements. There are no call allowances or exemptions for DACC. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 7 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Directory Assistance Services, (ContJ Rates $2. $2. $2. Issued: Issued by: Basic Directory Assistance Local, Per Call: Toll, Per Call: Directory Assistance Call Completion Per Call: Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 Effecti ve: idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 8 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Operator Services General The Company s operator services, available to presubscribed Customers, are accessible on a twenty-four (24) hour per day seven (7) days per week basis. In addition to the per call service charge, usage rates apply. The types of calls handled are as follows: Customer Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized Calling Card or Commercial Credit Card. The Customer must dial the destination telephone number where the capability exists for the Customer to do so. A separate rate applies in the event operator assistance is requested for entering the Customer s card number for billing purposes. Operator Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized telephone Calling Card or Commercial Credit Card and the operator dials the destination telephone number at the request of the Customer. Operator Station - These charges apply in addition to usage charges for non-Person- to-Person calls placed using the assistance of a Company operator and billed Collect to a Third Party, by deposit of coins in Pay Telephones, or via some method other than a Calling Card or Commercial Credit Card. Person-to-Person - This charge applies in addition to usage charges for calls placed with the assistance of a Company operator to a particular party at the destination number. This charge applies regardless of billing method, including but not limited to billing to a Calling Card, Commercial Credit Card, Collect, by deposit of coins in Pay Telephones, or to a Third Party. Charges do not apply unless the specified party or acceptable substitute is available. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 9 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Operator Services (Cont' Busy Line Verification and Interrupt Service Upon request of a calling party the Company will verify a busy condition on a designated local service line. The operator will determine if the line is clear or in use and report to the calling party. At the request of the Customer, the operator will interrupt the call on the busy line. Emergency Interruption is only permitted in cases where the calling party indicates an emergency exists and requests interruption. A Verification Charge will apply when: The operator verifies that the line is busy with a call in progress, or The operator verifies that the line is available for incoming calls. Both a Verification Charge and an Emergency Interrupt Charge will apply when the operator verifies that a called number is busy with a call in progress and the Customer requests interruption. The operator will interrupt the call advising the called party of the name of the calling party and the called party will determine whether to accept the interrupt call. Charges will apply whether or not the called party accepts the interruption. No charge will apply when the calling party advises that the call is to or from an official public emergency agency. Busy Verification and Emergency Interrupt Service is furnished where and to the extent that facilities permit. The Customer shall identify and save the Company harmless against all claims that may arise from either party to the interrupted call or any person. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page 10 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Operator Services, (ContJ Operator Service Rates U sage Charges U sage charges for local and intraLA T A operator assisted calls are those usage charges that would normally apply to the calling party's service. Per Call Service Charges Customer Dialed Calling Operator Dialed Calling Collect, Automated Collect, Operator Assisted Third Party Billed, Automated Third Party Billed, Operator Assisted Person-to-Person $2. $2. $4. $5. $4. $9. $9. Rates for Busy Line Verification and Line Interrupt Service Busy Line Verification, per request Emergency Interrupt Charge, per request $2. $5. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original Page SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' 6.4 Directory Listing Service 6.4.Directory Listing Definitions Primary Listing - One listing, termed the primary listing, is included with each Customer service with the primary line of a line hunting group and with each Joint User service. Non-Listed Number (Private Directory Service)- A Non-Listed Number will be furnished at the Customer s request, providing for the omission or deletion of the Customer s listing from the telephone directory. Such listings will be carried in the Company s directory assistance and other records and will be given to any calling party. Non-Published Number (Semi-Private Directory Service)- A Non-Published Number will be furnished at the Customer s request. A Non-Published Number is not listed in the telephone Company s directories, or on directory assistance records. Listing information (name, address and number) on a Non-Published Number is not available to the general public. Additional Listings - At a charge, additional listings may be included in the alphabetical directory and on directory assistance records, or appear on directory assistance records only. The monthly rate for additional listings apply when the listings appear in Directory Assistance records in accordance with the date requested by the Customer. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 6 Original 12 SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT' Directory Listing Service, Cont' Monthly Rates $10. $10. $10. Issued: Issued by: Additional Listing, per listing: Non-published Service, per listing: Non-directory Listed Service, per listing Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 Effective: idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 7 Original Page 1 SECTION 7.0 - LONG DISTANCE SERVICES General Toll service is only available in conjunction with local service. PowerS aver Unlimited Long Distance Service PowerS aver Unlimited Long Distance Service is available only to Customers of PowerS aver Unlimited local exchange service. Intrastate and interstate direct dial outbound toll and long distance calling is available as an option either on a usage basis or as a plan that provides the Customer with unlimited direct dial outbound toll and long distance calling. Inbound toll free calling is available as an option on a usage basis. A monthly recurring charge applies to each inbound toll-free line purchased by the Customer. Directory Assistance, Operator Assistance, Calling Card and International calling and Call Management Features are available at the tariffed rates. Customers subscribing to a one-year term agreement will receive a 50% discount on the monthly recurring charges of each unlimited long distance plan line, if selected, for the 1 st month of service. Customers subscribing to a three-year term agreement will receive a 50% discount on the monthly recurring charges of each unlimited long distance plan line, if selected, for the 1st month and 13th month of service. Discounts are given on a one-time basis and are not offered with renewals of the term agreements. Toll and long distance calling is timed in six (6) second increments after an initial period for billing purposes of eighteen (18) seconds. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 7 Original Page 2 SECTION 7.0 - LONG DISTANCE SERVICES, (CONT' PowerS aver Unlimited Long Distance Service, (Cont' Outbound Usage Basis Rates 1 Year Term 3 Year Term IntraLA T A Toll, per minute InterLA T A Long Distance, per minute $0.0699 $0.0699 $0.0599 $0.0599 Unlimited Long Distance Plan Customers may choose to purchase the Unlimited Long Distance Plan that provides the Customer with unlimited intraLA T A, interLA T A and interstate direct dial outbound calling for a flat rate per month. 1 Year Term 3 Year Term Unlimited Long Distance Plan Per line, per month $16.$14. Inbound Toll Free Rates Monthly Recurring Charge, per line Per Minute Rate: 1 Year Term 3 Year Term $2.00 $2. $0.075 $0.065 Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 7 Original Page 3 SECTION 7.0 - LONG DISTANCE SERVICES, (CONT' Calling Card Service Calling Card Service is available to Customers for placing calls while away from home or office. Calls are originated by dialing a toll-free access number, followed by an account identification number and personal identification number. Calls may originate from standard residential, business or pay telephone access lines and may terminate to any interstate or intrastate location. Calls are billed in sixty (60) second increments after an initial period for billing purposes of sixty (60) seconds. A one- time charge for card set-up applies. There is no per call charge. Per Minute Rate:$0. Set Up Charge:$2. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 8 Original Page 1 SECTION 8.0 - ACCESS SERVICES General Rates and regulations for the Company s Access Services may be found in the Company s Idaho Tariff No. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 9 Original Page 1 SECTION 9.0 - SPECIAL ARRANGEMENTS 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. ICB will be filed with the Idaho Public Service Commission. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BullsEye Telecom, Inc.Idaho Tariff No. 1 Section 10 Original Page 1 SECTION 10.0 - PROMOTIONS 10.Special Promotions The Company may, from time to time, offer services in this Tariff at special promotional rates and/or terms. Such promotional arrangements shall be filed with the Commission when so required. All rates and terms contained in this Tariff shall continue to apply unless specifically addressed in the promotional agreements. Notice of such promotional offerings will be given to the Idaho Public Service Commission. Issued:Effective: Issued by:Scott Loney, Vice President - Marketing 25900 Greenfield Rd, Suite 330 Oak Park, MI 48237 idfD400 BULLSEYE TELECOM, INC. Exhibit I Proposed Access Services Tariff BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 1 BULLSEYE TELECOM, INC. ACCESS SERVICES TARIFF Regulations and Schedule of Intrastate Access Rates This tariff includes the rates, charges, terms and conditions of service for the provision of intrastate access telecommunications services by BullsEye Telecom, Inc. This tariff is on file with the Idaho Public Utilities Commission. Copies are available for public inspection during normal business hours at the main office of BullsEye Telecom, Inc. at 25900 Greenfield Road, Suite 330, Oak Park, Michigan 48237. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 2 CHECK SHEET The pages listed below of this tariff are effective as of the date shown. Revised sheets contain all changes from the original tariff that are in effect as of the date indicated. PAGE REVISION PAGE REVISION PAGE REVISION Title Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Ori ginal Original Original Original Original Original Original Original Ori ginal Original Original Original Original Original Original Original Original Original Original Original Original Original Ori ginal Original Original Original * - indicates pages included in this filing Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 3 (C) (D) (I) (M) (N) (R) (T) EXPLANATION OF SYMBOL To signify changed rate, regulation or condition. To signify discontinued rate, regulation or condition. To signify an increase. To signify text relocated without change. To signify new material, including a listing, rate, regulation, rule or condition. To signify a reduction. To signify a change in the word of text, but no change in the rate, rule or condition. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 4 TABLE OF CONTENTS Check Sheet Explanations of Symbols Table of Contents Section 1 Definitions of Abbreviations Section 2 Rules and Regulations Section 3 Switched Access Service Section 4 Dedicated Access Service Section 5 Special Contracts, Arrangements and Construction Issued:Effecti ve: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 5 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Access Code - Denotes a uniform code assigned by the Company to an individual Customer. The code has the form 101XXXX or 950-XXXX. Access Line - An arrangement which connects the Customer s local exchange line to a Company designated switching center or point of presence. Access Minutes - The increment for measuring usage of exchange facilities for the purpose of calculating chargeable usage. Access Service Request (ASR) - The service order form used by access service Customers and the Company to the process of establishing, moving or rearranging access services provided by the Company. Access Tandem - A switching system that provides a traffic concentration and distribution function for originating or terminating traffic between End Offices and the Customer s Premises or Point of Presence. Answer Supervision - The transmission of the switch trunk equipment supervisory signal (off-hook or on- hook) to a carrier s Point of Presence or customer s terminal equipment as an indication that the called party has answered or disconnected. Automatic Number Identification (ANI) - The automatic transmission of a caller s billing account telephone number to a local exchange company, interexchange carrier or a third party Customer. The primary purpose of ANI is for billing toll calls. Bit - The smallest unit of information in a binary system of notation. Bps - Bits per second. The number of bits transmitted in a one second interval. BullsEye - Refers to BullsEye Telecom, Inc., issuer of this tariff. Call - A Customer or End User attempt for which the complete address code (e., 0-, 911, or 10 digits) is provided to the Serving Wire Center, End Office or Access Tandem Switch. Casual Calling - Where access to the Company s network and the subsequent use of service by the Customer is initiated through the dialing of a toll-free number or Access Code. Casual Calling allows non-Presubscribed customers to utilize the services of the Company. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 6 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Central Office - The premises of the Company or another local exchange carrier containing one or more switches where Customer or End User station loops are terminated for purposes of interconnection to other station loops, trunks or access facilities. Channel - A communications path between two or more points. CIC - An interexchange carrier identification code. Commission - Refers to the Idaho Public Utilities Commission Company or Carrier - Used throughout this tariff to indicate BullsEye Telecom, Inc. , . Constructive Order Delivery of calls to or acceptance of calls from the Customer s End Users over Company-switched local exchange services constitutes a Constructive Order by the Customer to purchase switched access services as described herein. Similarly the selection of the Customer by an End User as the End User s PIC constitutes a Constructive Order for switched access by the Customer. CPE - Customer Premises Equipment. All Terminal Equipment or other communications equipment and/or systems provided by the Customer for use with the Company s facilities and services. Customer - Any person, firm, partnership, corporation or other entity which uses service under the terms and conditions of this tariff and is responsible for the payment of charges. In most contexts, the Customer is an Interexchange Carrier utilizing the Company s Switched or Dedicated Access services described in this tariff to reach its End User customer(s). Customer Premises - The premises specified by the Customer for termination of access services. Typically an Interexchange Carrier s Point of Presence. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 7 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Dedicated Access - Where originating or terminating access between an end user and an interexchange carrier are provided via dedicated facilities, circuits or channels. A method of reaching the Customers communication and switching systems whereby the End User is connected directly to the Customer s Point of Presence or designate without utilizing the services of the local switched network. DSO - Digital Signal Level 0; a dedicated, full duplex digital channel with line speeds of2.4, 4., 9., 19. or 64 Kbps. DSI -Digital Signal Levell; a dedicated, high capacity, full duplex channel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF) formats. DS 1 Service has the equivalent capacity of 24 Voice Grade or DSO services. DS3 -Digital Signal Level 3; a dedicated, high capacity, full duplex channel with a line speed of 44.736 Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS). Equivalent capacity of 28 DS 1 Services. Dual Tone Multifrequency (DTMF) - Tone signaling, also known as touch tone signaling. End Office - The Central Office from which the End User s Premises would normally obtain local exchange service and dial tone from the Company or other local exchange carrier. End Office Switch - A Company switching system where Customer or End User station loops are terminated for purposes of interconnection to other station loops, trunks or access facilities. In most contexts, the End User is connected via station loops or trunks to an End Office Switch. End User - Any person, firm, partnership, corporation or other entity which uses the service of the Company under the terms and conditions of this tariff. In most contexts, the End User is the customer of an Interexchange Carrier who in turn utilizes the Company s Switched or Dedicated Access services described in this tariff to provide the End User with access to the IC's communication and switching systems. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 8 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' End User Premises - The premises specified by the Customer or End User for termination of access services at the End User s physical location. Equal Access - Where the local exchange company central office provides interconnection to interexchange carriers with Feature Group D circuits. In such End Offices, Customers can presubscribe their telephone line ( s) to their preferred interexchange carrier. A form of dialed access provided by local exchange companies whereby telephone calls dialed by the Customer are automatically routed to the Company s network. Customers may also route calls to the Company s network by dialing an access code provided by the Company. Exchange - A group of lines in a unit generally smaller than a LATA established by the Company or other local exchange carrier for the administration of communications service in a specified area. An Exchange may consist of one or more central offices together with the associated facilities used in furnishing communications service within that area. Gbps - Gigabits per second; billions of bits per second. Host Office - An electronic switching system which provides call processing capabilities for one or more Remote Switching Modules or Remote Switching Systems. Individual Case Basis or ICB - A process whereby the terms, conditions, rates and/or charges for a service provided under the general provisions of this tariff are developed or modified based on the unique circumstances in each case. Interstate - For the purpose of this tariff, the term Interstate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points located in different states within the United States or between one or more points in the United States and at least one international location. Intrastate - For the purpose of this tariff, the term Intrastate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points, all located within the same state. Interexchange Carrier (IXC or IC) - A long distance telecommunications services provider that furnishes services between exchange areas. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 9 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Kbps - Kilobits per second; 1000s of bits per second. LATA - Local Access and Transport Area. A geographic area for the provision and administration of communications services existing on February 8, 1996, as previously established by the U.S. District Court for the District of Columbia in Civil Action No. 82-0192; or established by a Bell operating company after February 8 1996 and approved by the FCC; or any other geographic area designated as a LATA in the National Exchange Carrier Association (NECA) TariffF.C. No. LEC - Local Exchange Company. Mbps - Megabits per second; millions of bits per second. Message - See Call. N/A - Not Applicable. Non-Recurring Charge ("NRC"- The initial charge, usually assessed on a one-time basis, to initiate and establish a service or feature. NP A - Numbering Plan Area or area code. OC-12 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of 622.08 Mbps. OC-- A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of 155.52 Mbps. OC-48 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of 2.4 Gbps Issued:Effecti ve: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 10 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Off-Hook - The active condition of Switched Access service or a telephone exchange line. On-Hook - The idle condition of Switched Access service or a telephone exchange line. Originating Direction - The use of Switched Access Service for the origination of calls from an End User Premises to a Customer s Point of Presence. PIC Authorization - A Customer s or End User s selection ofa PIC that meets the requirements of federal and state law. PIC - Primary Interexchange Carrier. Point of Presence or POP - The physical location associated with an Interexchange Carrier s communication and switching systems. Point of Termination - The point of demarcation within a Customer or End User Premises at which the Company s responsibility for the provision of access service ends. The point of demarcation is the point of interconnection between Company communications facilities and Customer-provided or End User-provided facilities as defined in Part 68 of the Federal Communications Commission s Rules and Regulations. Premises - A building, portion of a building in a multi-tenant building, or buildings on continuous property not separated by a highway. May also denote a Customer-owned enclosure or utility vault located above or below ground on private property or on Customer acquired right-of-way. Presubscription - An arrangement whereby a Customer selects and designate to the Company or other LEC a carrier he or she wishes to access, without an access code, for completing interLA T A and/or intraLA T A toll calls. The selected carrier is referred to as the Primary Interexchange Carrier. Primary Interexchange Carrier - The IXC designated by the Customer as its first routing choice and primary overflow carrier for routing of 1 + direct dialed and operator assisted non-local calls. Private Line - A service which provides dedicated path between one or more Customer Premises. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Query - The inquiry to a Company data base to obtain information, processing instructions or service data. Recurring Charge - The charges to the Customer for services, facilities or equipment, which continue for the agreed upon duration of the service. Recurring charges do not vary based on Customer usage of the services facilities or equipment provided. Remote Switching Modules or Remote Switching Systems (RSM/RSS) - Small remotely controlled electronic End Office Switching equipment which obtains its call processing capability from a Host Office. An RSM/RSS cannot accommodate direct trunks to a Customer. Service Commencement Date - The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer s refusal to accept service which does not conform to standards 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 - A written request for network services executed by the Customer and the Company. The signing of a Service Order by the Customer and acceptance by the Company begins the respective obligations of the parties in that order services offered under this tariff. Serving Wire Center Switch - A Company switching system where Customer or End User station loops are terminated for purposes of interconnection to other station loops, trunks or access facilities. In most contexts the Customer is connected via station loops or trunks to a Serving Wire Center Switch. Special Access - See Dedicated Access. Station - Refers to telephone equipment or an exchange access line from or to which calls are placed. Switched Access - Where originating or terminating access between an end user and an interexchange carrier is provided via Feature Group facilities, circuits or channels provided by a local exchange carrier. A method reaching the Customer s communication and switching systems whereby the End User is connected to the Customer s Point of Presence or designate using services of the local switched network. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 12 SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT' Tandem Switch - See Access Tandem. Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer- designated premises. Terminating Direction - The use of Switched Access Service for the completion of calls from a Customer Point of Presence to an End User Premises. Trunk - A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. Trunk Group - A set of trunks which are traffic engineered as a unit for the establishment of connections between switching systems in which all of the communications paths are interchangeable. V & H Coordinates - Geographic points which define the originating and terminating points of a call in mathematical terms so that the airline mileage of the call maybe determined. Call mileage maybe used for the purpose of rating calls. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 3ullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 13 SECTION 2 - RULES AND REGULATIONS Undertaking of BullsEye Telecom, Inc., 1.1 1.2 1.3 1.4 The Company undertakes to furnish switched or dedicated access communications service pursuant to the terms of this tariff. The Company s services and facilities are available twenty-four (24) hours per day, seven (7) days per week. 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 to the Company network in order to originate or terminate its own services or to communicate with its own customers. The Company arranges for installation, operation, and maintenance of the communications services provided in this tariff for Customers in accordance with the terms and conditions set forth under this tariff. The Customer shall be responsible for all charges due for such service arrangements. Use of the Company s Service Services provided under this tariff may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited. 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. Recording of telephone conversations of service provided by the Company under this tariff is prohibited except as authorized by applicable federal, state and local laws. Any service provided under this tariff may be resold to or shared Gointly used) with other persons at the Customer s option. The Customer remains solely responsible for all use of service ordered by it or billed to its account( s) pursuant to this tariff, for determining who is authorized to use its service, and for promptly notifying the Company of any unauthorized use. The Customer may advise its customers that a portion of its service is provided by the Company, but the Customer shall not represent that the Company jointly participates with the Customer in the provision of the service. The Company may require applicants for service who intend to use the Company s offerings for resale, shared and/or joint use to file a letter with the Company confirming that their use of the Company s offerings complies with relevant laws and the Commission s regulations, policies, orders, and decisions. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 14 SECTION 2 - RULES AND REGULATIONS, (CONT' Limitations 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. The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and equipment and is limited to the capacity of the Company facilities as well as facilities the Company may obtain from other carriers, from time to time to furnish service as required at the sole discretion of the Company. 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 oflack of facilities, or due to some other cause beyond the Company s control. The Company may block any signals being transmitted over its network by Customers which cause interference to the Company or other users. Customer shall not 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. The Company reserves the right to discontinue service when the Customer is using the service in violation of the provisions of this tariff, or in violation of the law. The Company reserves the right to discontinue service, limit service, or to impose requirements as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page SECTION 2 - RULES AND REGULATIONS, (CONT' Assignment and Transfer 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 to a) any entity controlling, controlled by or under common control with the Company, whether direct or indirect; b) under any sale or transfer of all or substantially all the assets of the Company within the applicable state or states; or c) under any financing, merger or reorganization of the Company. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 16 SECTION 2 - RULES AND REGULATIONS, (CONT' Application or Service Customers may be required to enter into written or oral 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. Ownership of Facilities The Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, number, process, or code. Title to all facilities utilized by the Company to provide service under the provisions of this tariff shall remain with the Company, its partners, agents, contractors or suppliers. Such facilities shall be returned to the Company, its partners, agents, contractors or suppliers by the Customer, whenever requested, within a reasonable period following the request in original condition, reasonable wear and tear expected. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 1 SECTION 2 - RULES AND REGULATIONS, (CONT' Liability of the Company The liability of the Company for damages of any nature arising from errors, mistakes omissions, interruptions, or delays of the Company, its agents, servants, or employees, in the course of establishing, furnishing, rearranging, moving, terminating, changing or removing the service or facilities or equipment shall not exceed an amount equal to the charges applicable under this tariff (calculated on a proportionate basis where appropriate, at the sole discretion of the Company) to the period during which such error, mistake, omission interruption or delay occurs. In no event shall the Company be liable for any incidental, indirect, special, or consequential damages (including, without limitation, lost revenue or profits) of any kind whatsoever regardless of the cause or foreseeability thereof. When the services or facilities of other common carriers are used separately or in conjunction with the Company s facilities or equipment in establishing connection to points not reached by the Company s facilities or equipment, the Company shall not be liable for any act or omission of such other common carriers or their agents, servants or employees. The Company shall not be liable for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include , without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing service to restore service in compliance with FCC, or other relevant Commission, rules and regulations. The Company shall not be liable for interruptions, delays, errors, or defects in transmission or for any injury whatsoever, caused by the Customer, or the Customer s agents, End Users, or by facilities or equipment provided by the Customer. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 18 SECTION 2 - RULES AND REGULATIONS, (CONT' Liability of the Company (Continued) No liability shall attach to the Company by reason of any defacement or damage to the Customer s premise resulting from the existence of the Company s equipment or facilities on such premise, or by the installation or removal thereof, when such defacement or damage is not the result of the gross negligence or intentional misconduct of the Company or its employees. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. 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. Failure by the Company to assert its rights under a provision of this tariff does not preclude the Company from asserting its rights under other provisions. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 19 SECTION 2 - RULES AND REGULATIONS, (CONT' Liability of the Customer 8.4 The Customer will be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the 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. To the extent caused by the acts or omissions of the Customer as described in 2. preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees, for (1) any loss, destruction or damage to property of any third party, and (2) any liability incurred y to any third party pursuant to this or any other tariff of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided to such third party. A Customer shall not assert any claim against any other Customer or user of the Company services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff including but not limited to mistakes, omissions interruptions, delays, errors or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this tariff is intended either to limit or to expand Customer s right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence. The Customer shall be fully liable for any damages, including, without limitation, usage charges, that the Customer may incur as a result of the unauthorized use of services provide a Customer. Unauthorized use 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 tariff. The unauthorized use of the Company s services includes, but is not limited , the placement of calls from the Customer s premise, and the placement of calls through equipment controlled and/or provided by the Customer, that are transmitted over the Company s network without the authorization of the Customer. The Customer shall be fully liable for all such usage charges. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 20 SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer The Customer is responsible for making proper application for service; placing any necessary orders; for complying with tariff regulations; and payment of charges for services provided. Specific Customer responsibilities include, but are not limited to the following: (a) (b) reimbursing the Company for damage to or loss of the Company s facilities or equipment caused by the acts or omissions of the Customer; or the non-compliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer premise, unless caused by the gross negligence or intentional misconduct of the employees or agents of the Company; providing at no charge, as specified from time to time by the Company, any needed equipment, secured space, power, supporting structures, and conduit to operate Company facilities and equipment installed on the premise of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premise; (c)obtaining, maintaining and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide communications services to the Customer from the cable building entrance or property line to the location of the equipment space described in Section 1 (b). Any and all costs associated with the 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; (d)providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premise 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 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., friable asbestos) prior to any construction or installation work; Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 21 SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer (Continued) (continued) (e)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 2.9 (c); and granting or obtaining permission for Company agents or employees to enter the premise ofthe 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; (f)not creating or allowing to be placed any liens or other encumbrances on the Company s equipment or facilities; (g) making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer, such agreement not to be reasonably withheld or denied. No allowance will be made for the period during which service is interrupted for such purposes; (h)taking all steps necessary to cancel or otherwise discontinue any service( s) to be replaced by any of the Company s service(s) as described herein; and (i)ensuring that any Customer provided equipment and/or systems are properly interfaced with Company facilities or services, that the signals emitted into Company s network are of the proper mode, bandwidth, power, and signal level for the intended use of the Customer and in compliance with the criteria set forth in this tariff, and that the signals do not damage equipment, injure personnel, or degrade service to other Customers. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 22 SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer (Continued) With regard to access services provided by the Company, specific Customer responsibilities include, but are not limited to the following: (a)Design of Customer Services The Customer shall be responsible for its own expense for the overall design of its services and for any redesigning or rearrangements of its services which may be required because of changes in facilities, operations or procedures of the Company, minimum protection criteria, or operating or maintenance characteristics of the facilities. (b)Network Contingency Coordination The Customer shall, in cooperation with the Company, coordinate in planning the actions to be taken to maintain maximum network capability following natural or man-made disasters which affect telecommunications service. (c)Jurisdictional Reports The jurisdictional reporting requirements will be as specified below. When a Customer orders Access Service, its projected Percent Interstate Usage (Pill) must be provided in whole numbers to the Company. These whole number percentages will be used by the Company to apportion the use and/or charges between interstate and intrastate until a revised report is received as set forth herein. Reported or default Pill factors are used only where the call detail is insufficient to determine the appropriate jurisdiction of the traffic. Originating Access:Originating access minutes consist of traffic originating from the Company Local Switching Center(s). The Customer must provide the Company with a proj ected Pill factor on an annual basis. If no Pill for originating minutes is submitted as specified herein, a default Pill of 50% will be applied by the Company. Terminating Access:Terminating access minutes consist of traffic terminating to the Company Local Switching Center( s). The Customer must provide the Company with a projected Pill factor on an annual basis. Ifno Pill for terminating minutes is submitted as specified herein, a default Pill of 50% will be applied by the Company. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 23 SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer (Continued) (continued) (c) (d) Jurisdictional Reports (continued) Except where the Company measured access minutes are used as set forth above, the Customer reported Projected Pill factor as set forth above will be used until the Customer reports a different projected Pill factor, as set forth below. Jurisdictional Audits: The Customer shall keep sufficient detail from which the percentages of interstate and intrastate use reported to the Company can be verified and upon request of the Company make such records available for inspection and audit. The customer must maintain these records for 24 months from the date the report became effective for billing purposes. Initiation of an audit will be at the sole discretion of the Company. The audit shall be performed by an independent party selected by the Company. An audit may be initiated by the Company for a single customer no more than once per year. The customer shall supply the required data within 30 calendar days of the Company request. In the event that an audit reveals that any customer reported Pill was incorrect, the Company shall apply the audit result to all usage affected by the audit. The customer shall be backbilled or credited, for a period retroactive to the date that the incorrect percentage was reported, but not to exceed 24 months. Backbilled amounts are subject to a late payment penalty and payment shall be made in immediately available funds, within 31 days from receipt of bill or by the following bill date, whichever is a shorter period. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 24 SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer (Continued) (continued) (d)Jurisdictional Audits (continued) Should an audit reveal that the misreported percentage(s) of use has resulted in an underpayment of access charges to the Company of five percent or more of the total Switched Access Services bill, the customer shall reimburse the Company for the cost of the audit. Proof of cost shall be the bills, in reasonable detail submitted to the Company by the auditor. Within 15 days of completion of the auditor s report, the Company will furnish a copy of the audit results to the person designated by the customer to receive such results. Billing and Payment For Service 10.Responsibility for Charges The Customer is responsible for payment of all charges for services and equipment furnished to the Customer for transmission of calls via the Company. In particular and without limitation to the foregoing, the Customer is responsible for any and all cost(s) incurred as the result of: (a)any delegation of authority resulting in the use of Customer s communications equipment and/or network services which result in the placement of calls via the Company; (b)any and all use of the service arrangement provided by the Company, including calls which the Customer did not individually authorize; (c)any calls placed by or through the Customer s equipment via any remote access feature(s); 10.2 Minimum Period The minimum period for which services are provided and for which rates and charges are applicable is one (1) month unless otherwise specified in this tariff or by mutually agreed upon contract. When a service is discontinued prior to the expiration of the minimum period charges are applicable, whether the service is used or not. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 25 SECTION 2 - RULES AND REGULATIONS, (CONT' Billing and Payment For Service (Continued) 10.3 Payment for Service All charges due by the Customer are payable to the Company or any agent duly authorized to receive such payments. The Company shall bill on a current basis all charges incurred by, and credits due to, the Customer under this tariff. Any known unbilled charges for prior periods and any known unbilled adjustments also will be applied to this bill. Terms of payment shall be according to the rules and regulations of the agent and subject to the rules of regulatory bodies having jurisdiction. Non-recurring charges for installations service connections, moves rearrangements are due and payable upon receipt of the Company s invoice by the Customer. At the Company s discretion, payment of all or a portion of any non- recurring charges may be required prior to commencement of facility or equipment installation or construction required to provide the services requested by the Customer. The Company shall present invoices for recurring charges monthly to the Customer in advance of the month in which service is provided. When billing is based upon Customer usage, usage charges will be billed monthly in arrears for service provided in the preceding billing period. Customer billing will begin on the service commencement date, which is the day the Company determines in its reasonable sole discretion 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 under this tariff or the service order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. 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 on a pro rata basis. For this purpose, every month is considered to have 30 days. Amounts not paid within 30 days after the mailing date of invoice will be considered past due. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 26 SECTION 2 - RULES AND REGULATIONS, (CONT' Billing and Payment For Service (Continued) 10.4 Disputed Charges 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 documented claim for the disputed amount. The Customer will submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within a reasonable period of time after receipt of billing for those services and in accordance with Idaho law. If the Customer does not submit a claim as stated above, the Customer waives all rights to filing a claim thereafter. Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may file a complaint with the Idaho Public Utilities Commission, 472 West Washington, P.O. Box 83720, Boise ill 83720-0074; 208-334-0300 or 1-800- 432-0369. 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:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 27 SECTION 2 - RULES AND REGULATIONS, (CONT' Billing and Payment For Service (Continued) 10.Late Payment Fees A late payment charge of 1.5% per month, or the highest rate permitted by applicable law whichever is less, shall be due to the Company for any billed amount for which payment has not been received by the Company within thirty (30) days of the invoice date of the Company s invoice for service, or if any portion of the payment is received by the Company in funds which are not immediately available upon presentment. If the last calendar day for remittance falls on a Sunday, legal holiday or other day when the offices of the Company are closed, the date for acceptance of payments prior to assessment of any late payment fees shall be extended through to the next business day. 10.Returned Check Charge A service charge equal to $20., will be assessed for all checks returned by a bank or other financial institution for: insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank or other financial institution. Taxes, Surcharges and Fees 11.1 All state and local taxes (i., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items on the Customer s bill and are not included in the quoted rates and charges set forth in this tariff. To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, sales tax, occupation tax, license tax, permit fee, rights-of-way fee, franchise fee or other regulatory fee or tax, such and fees and taxes shall, insofar as practicable and allowed by law, be billed pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. It shall be the responsibility of the Customer to pay any such taxes and fees that subsequently become applicable retroactively. 11.The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 28 SECTION 2 - RULES AND REGULATIONS, (CONT' Deposits and Advanced Payments 12.General The Company reserves the right to validate the creditworthiness of Customers and billed parties through available verification procedures. Where a Customer s creditworthiness is unacceptable to the Company, Company may refuse to provide service, require a deposit or advance payment, or otherwise restrict or interrupt service to a Customer. 12.Deposits To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges under Commission rules. deposit maybe required if the Customer s financial condition is not acceptable to the Company or is not a matter of general knowledge. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. deposit may be required in addition to an advance payment. The maximum amount of any deposit shall not exceed the equivalent of the customers estimated liability for two months service. The Company will pay interest on deposits, to accrue from the date the deposit is made until it has been refunded, or until a reasonable effort has been made to effect refund. The Company will pay interest at the rate prescribed by the Commission as otherwise permitted by applicable law. If the amount of a deposit is proven to be less than required to meet the requirements specified above, the Customer shall be required to pay an additional deposit upon request. Upon discontinuance of service, the Company shall promptly and automatically refund the Customer s deposit plus accrued interest, or the balance, if any, in excess of the unpaid bills including any penalties assessed for service furnished by the Company. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 29 SECTION 2 - RULES AND REGULATIONS, (CONT' Deposits and Advanced Payments (Continued) 12.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 one (1) month's estimated billing. This will be applied against the next month' charges and a new advance payment may be collected for the next month, if necessary. Advance payments do not accrue interest. An advance payment may be required in addition to a deposit. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 30 SECTION 2 - RULES AND REGULATIONS, (CONT' Cancellation by Customer 13.General Customers of the Company s service may cancel service by providing the Company with written notification thirty (30) days prior to the requested cancellation date. The Company shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the Customer or until thirty (30) days after the date that the cancellation notice is received, whichever is later. Customers seeking to cancel service have an affirmative obligation to block traffic originating from or terminating to the Company s network.. By originating traffic from or terminating traffic to the Company s network, the Customer will have constructively ordered the Company s switched access service. 13.Cancellation of Contract Services' If a Customer cancels a service order or terminates services before the completion of the term or where the Customer breaches the terms in the service contract, the Customer may be requested by the Company to pay to Company termination liability charges. These charges shall become due and owing as of the effective date of the cancellation or termination. Unless otherwise specified in this tariff, the termination liability shall be equal to: (a)all unpaid nomecurring charges reasonably expended by the Company to establish service to Customer, plus; (b)any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by the Company on behalf of Customer plus; (c)all recurring charges specified in the applicable service order for the balance of the then current term. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 31 SECTION 2 - RULES AND REGULATIONS, (CONT' Cancellation by Customer (Continued) 13.Cancellation of Application for Service Where the Company permits the Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. 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 the Company incurred, 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 begun. 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, less net salvage, may apply. 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. The charges described above will be calculated and applied on a case-by-case basis. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 32 SECTION 2 - RULES AND REGULATIONS, (CONT' Cancellation by Company 14.Service continues to be provided until canceled by the Customer pursuant to Section 2.13 or until discontinued by the Company. The Company may render bills subsequent to the termination of service for charges incurred before termination. The Customer shall pay such bills in full in accordance with the payment terms of this tariff. 14.2 The Company may refuse or discontinue service to a Customer without notice under the following conditions: (a) (b) For violation of law or this tariff: Except as provided elsewhere in this tariff, the Company may refuse, suspend or cancel service, without notice, for any violation of terms of this tariff, for any violation of any law, rule, regulation, order, decree or policy of any government authority of competent jurisdiction, or by reason of any order or decision of a court or other government authority having jurisdiction which prohibits the Company from furnishing such service or prohibits Customer from subscribing to, using, or paying for such service. F or the Company to comply with any order or request of any governmental authority having jurisdiction: The Company may refuse, suspend or cancel service, without notice, in order to permit the Company to comply with any order or request of any governmental authority having jurisdiction. (c)In the event of Customer or Authorized User use of equipment in such a manner as to adversely affect the Company s equipment or service to others. (d)In the event of tampering with the equipment or services of the Company or its agents. (e)In the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, to the extent that Company opts to restore such service, require the Customer to make, at Customer own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. (g) If any of the facilities, appliances, or apparatus on Customer s premise are found to be unsafe or causing harm to the Company s facilities, and may refuse to furnish service until the applicant or Customer shall have remedied the condition. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 33 SECTION 2 - RULES AND REGULATIONS, (CONT' Cancellation by Company (Continued) 14.The Company may refuse or discontinue service provided that, unless otherwise stated, the Customer shall be given five (5) days written notice to comply with any rule or remedy any deficiency: (a) (b) For nonpayment: The Company, by written notice to the Customer and in accordance with applicable law, may refuse, suspend or cancel service without incurring any liability when there is an unpaid balance for service that is past due. For returned checks: The Customer whose check or draft is returned unpaid for any reason, after two attempts at collection, may, at the Company s discretion, be subject to refusal, suspension or cancellation of service in the same manner as provided for nonpayment of overdue charges. (c)For neglect or refusal to provide reasonable access to the Company or its agents for the purpose of inspection and maintenance of equipment owned by the Company or its agents. (d)For Customer use or Customer s permitting use of obscene, profane or grosslyabusive language over the Companys facilities, and who, after five (5) days notice fails, neglects or refuses to cease and refrain from such practice or to prevent the same, and to remove its property from the premise of such person. (e)For use of telephone service for any property or purpose other than that described in the application. (f)F or Customer s breach of any contract for service between the Company and the Customer. (g) F or periods of inactivity in excess of sixty (60) days. Issued:Effecti ve: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 34 SECTION 2 - RULES AND REGULATIONS, (CONT' Restoration of Service 15.If service has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes service continued, service may be restored at the Company s sole discretion when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected. Customers whose service was disconnect for non-payment maybe required to pay a deposit and/or advance payment prior to service restoration. 15.restoration fee of $25., or the actual costs incurred by the Company plus an administrative charge, whichever is greater, applies to Customers whose service is restored following disconnection by the Company. 15.Restoration of disrupted services shall be in accordance with applicable Commission and/or Federal Communications Commission Rules and Regulations specified in Part 64, Subpart D which specify the priority system for such activities. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 35 SECTION 2 - RULES AND REGULATIONS, (CONT' Provision of Company Equipment and Facilities 16.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. 16.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. 16.Equipment the Company provides or installs at the Customer premise shall not be used for any purpose other than that for which the equipment is provided. 16.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 under 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: (a)the transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or (b)the reception of signals by Customer-provided equipment; or (c)network control signaling where such signaling is performed by Customer-provided network control signaling equipment. Issued:Effecti ve: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 36 SECTION 2 - RULES AND REGULATIONS, (CONT' Interconnection 17.Service furnished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to technical limitations established by the Company. Service furnished by the Company is not part of a joint undertaking with such other common carriers or systems. Any special interface equipment or facilities necessary to achieve compatibility between the facilities of Company and other participating carriers shall be provided at the Customer s expense. 17.Connection with the facilities or services of other carriers shall be under the applicable terms and conditions of the other carriers' tariffs. The Customer is responsible for taking all necessary legal steps for interconnecting Customer-provided terminal equipment or systems with Company s facilities. Customer shall secure all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. 17.The Customer shall ensure that the facilities or equipment provided by another carrier are properly interconnected with the facilities or equipment of the Company. If the Customer maintains or operates the interconnected facilities or equipment in a manner which results or may result in harm to the Company s facilities, equipment, personnel, or the quality of service the Company may, upon five (5) days written notice, require the use of protective equipment at the Customer s expense. If this written notice fails to eliminate the actual or potential harm the Company may, upon additional five (5) days written notice, terminate the existing service of the Customer. 17.If harm to the Company s network, personnel or services is imminent due to interconnection with another carrier s services, the Company reserves the right to shut down Customer service immediately, with no prior notice required. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 37 SECTION 2 - RULES AND REGULATIONS, (CONT' Customer-Provided Equipment 18.The Company s services are designed primarily for the transmission of voice-grade telephonicsignals, except as otherwise stated in this tariff. A user may transmit any form of signal that compatible with the Company s equipment, but the Company does not represent that its services will be suitable for purposes other than voice-grade telephonic communication exceptas specifically stated in this tariff. 18.Terminal equipment on the user s premise and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Customer. The Customer is responsible for the provision of wiring or cable to connect its terminal equipment to the Company s network. 18. 18.4 18. 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. 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 under this Section 2.18 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. 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 may, upon five (5) days written notice, require the use of additional protective equipment at the Customer s expense. If this written notice fails to remedy any protective deficiencies or potential harm, the Company may, upon additional five (5) days written notice, terminate the existing service of the Customer. 18.Ifharm to the Company s network, personnel or services is imminent, the Company reserves the right to shut down Customer s service immediately, with no prior notice required. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 38 SECTION 2 - RULES AND REGULATIONS, (CONT' Inspection, Testing and Adjustments 19.The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions of this tariff are being complied with in the installation, operation or maintenance of the Customer s or the Company s facilities or equipment. The Company may interrupt service at any time, without penalty or liability, due to the departure from or reasonable suspicion of the departure from any of these terms and conditions. 19.Upon reasonable notice, the facilities or equipment provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary for their maintenance in a condition satisfactory to the Company. No interruption allowance shall be granted for the time during which such tests and adjustments are made, unless such interruption exceeds twenty-four hours in length and is requested by the Customer. 19.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 applies 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:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 39 SECTION 2 - RULES AND REGULATIONS, (CONT' Allowances for Interruptions in Service 20.General Upon the written request of the Customer, delivered to the Company no later than thirty (30) days following the date of service interruption a credit allowance will be given when service is interrupted, except as specified in Section 2.20.2 following. A service is interrupted when it becomes inoperative to the Customer, e., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this tariff. An interruption period begins when the Customer reports to the Company a service facility or circuit is inoperative and, if necessary, releases it for testing and repair by the Company, as determined in its sole and reasonable discretion. An interruption period ends when the service, facility or circuit is operative. If the Customer reports a service, facility or circuit to be interrupted but declines to release it for testing and repair, refuses access to its premise for test and repair by the Company, or continues to make voluntary use of the service, 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. The Customer shall be responsible for the payment of service charges 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:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 40 SECTION 2 - RULES AND REGULATIONS, (CONT' Allowances for Interruptions in Service (Continued) 20.Limitations of Allowances No credit allowance will be made for any interruption in service: (a) (b) (c) (d) due to the negligence of or noncompliance with the provisions of this tariff by any person or entity other than the Company, including but not limited to the Customer; due to the failure of power, equipment, systems, connections or services not provided by the Company; due to circumstances or causes beyond the reasonable control of the Company; 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)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; (f)that occurs or continues due to the Customer failure to authorize replacement of any element of special construction; and (g) that was not reported to the Company within 30 days of the date that service was affected. (h)Cellular and other wireless transmission is subject to interruptions including but not limited to, dropped calls, interrupted calls, unintelligible calls, one- way audio and other problems created by factors beyond Company s control. Under no circumstances will Company provide credit or payment of any kind for calls which experience problems related to cellular (wireless) transmissions. 20.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period interruption, the Customer must pay the charges for the alternative service used. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 41 SECTION 2 - RULES AND REGULATIONS, (CONT' Allowances for Interruptions in Service (Continued) 20.4 Application of Credits for Interruptions in Service Except as provided in Section 2.10.2 A., if a Customer s service is interrupted, and it remains interrupted for eight normal working hours or longer after access to the premises is made available and after being reported to be out of order, appropriate adjustments or refunds shall be made to the Customer, when such adjustment exceeds $1.00. The amount of adjustment or refund shall be determined on the basis of the known period of interruption, generally beginning from the time the service interruption is first reported. The refund to the Customer shall be a pro rata part of the month's flat rate charges (if any) for the period of days and that portion of the service facilities rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bill for the service. For purposes of credit computation every month shall be considered to have seven hundred and twenty (720) hours. For services with a monthly recurring charge, no credit shall be allowed for an interruption of continuous duration of less than eight (8) hours. The Customer shall be credited for an interruption of eight (8) or more hours at the rate of 1/720th of the monthly charge for the services affected for each day that the interruption continues. The formula used for computation of credits is as follows: Credit = A/720 x B A = outage time in hours (must be 8 or more) B = total monthly recurring charge for affected service. No credits will be provided for usage sensitive services. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 42 SECTION 2 - RULES AND REGULATIONS, (CONT' Notices and Communications 21.1 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 Customer may also designate a separate address to which the Company s bills for service shall be mailed. 21.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 bills for service to which the Customer shall mail payment on that bill. 21.Notice of a pending disconnection of a Customer s service may contain the reason for the notice, the date of the notice, a description of any remedies the Customer may make, the time allotted for the Customer to make remedies (if any), and a toll free customer service number the Customer may call to obtain additional information. 21.4 Except as otherwise stated in this tariff, all other notices or communications required to be given under this tariff will be in writing. 21.5 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 second 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. 21.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. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 43 SECTION 2 - RULES AND REGULATIONS, (CONT' Mixed Interstate and Intrastate Switched Access Services 22.When mixed interstate and intrastate switched access service is provided, all charges including nonrecurring charges, usage charges, and optional features, will be prorated between interstate and intrastate. The percentage provided in the reports as set forth in 2. preceding will serve as the basis for prorating the charges. The percentage of an access service to be charged as interstate is applied in the following manner: (a)For nomecurring chargeable rate elements, multiply the Pill times the quantity of chargeable elements times the interstate tariff rate per element. (b)For usage sensitive chargeable rate elements, multiply the Pill times actual use (measured or Company assumed average use) times the interstate rate. 22.2 A similar calculation is then performed to determine the intrastate portion of the bill. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 44 SECTION 2 - RULES AND REGULATIONS, (CONT' Determination of Jurisdiction of Mixed Interstate and Intrastate Dedicated Facilities 23.When mixed interstate and intrastate service is provided over a dedicated facility, the jurisdiction will be determined as follows. For jurisdictional reports required for switched access, see Section 2. (a)If the Customer s estimate of the interstate traffic on the service equals 100/0 or more of the total traffic on that service, the service will be provided according to the applicable rules and regulations of this tariff. (b)If the Customer s estimate of the interstate traffic on the service is less than 10% of the total traffic on that service, the service will be provided according to the applicable rules and regulations of the appropriate intrastate tariff. (c)If the percentage of interstate traffic on the service changes to the extent that it alters the jurisdiction of the service, the Customer must notify the Company of any required change in status. The affected service will revert to the appropriate jurisdictional tariff within the next full billing cycle. Any applicable termination liability will be transferred with the jurisdictional change of the service. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 45 SECTION 3 - SWITCHED ACCESS SERVICE General 1.1 Switched Access Service, which is available to Customers for their use in furnishing their services to End Users, provides a two-point communications path between a Customer Premises and an End User s Premises. It provides for the use of common terminating, switching and trunking facilities, and for the use of common subscriber plant of the Company. Switched Access Service provides for the ability to originate calls from an End User Premises to a Customer s Premises and to terminate calls from a Customer s Premises to an End User s Premises in the LATA where it is provided. 1.2 When a rate as set forth in this tariff is shown to more than two decimal places, the charges will be determined using the rate shown. The resulting amount will then be rounded to the nearest penny (i., rounded to two decimal places). 1.3 In the absence of an ASR as described in Section 3.4, delivery of calls to, or acceptance of calls from, the Customer s End User location(s) via Company-provided switched access services shall constitute a Constructive Order and an agreement by the Customer to purchase the Company s switched access services as described and priced herein. Issued:Effecti ve: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 46 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Manner of Provision Switched Feature Group (FG) Access is furnished for originating and terminating calls by the Customer to its End User. FG Access is furnished on a per-line or per trunk basis. Originating traffic type represents access capacity within aLA T A for carrying traffic from the End User to the Customer; and Terminating traffic type represents access capacity within a LATA for carrying traffic from the Customer to the End User. When ordering capacity for FG Access, the Customer must at a minimum specify such access capacity in terms of originating traffic type and/or terminating traffic type. Feature Group Access is provisioned, at minimum, at the DS-llevel and provides line-side or trunk-side access to End Office switches, for the Customer s use in originating and terminating communications. Basic FG Access service will be provided with Multi- Frequency In Band Signaling (SS7 is also available, where capabilities exist). Two types of Feature Group Access are available: Tandem Connect Access: This option applies when the customer has no direct facilities to the Company. All traffic is routed to and from Company s End Office via the Customer s tandem provider. Delivery of calls to, or acceptance of calls from, the Customer s End User location(s) via Company-provided Tandem Connect Access services shall constitute a Constructive Order and an agreement by the Customer to purchase the Company s switched access services as described and priced herein. Direct Connect Access: The Company will provide facilities between the Customer premises and a Company End Office. This transmission path is dedicated to the use of a single Customer. The Company requires the Customer to submit an ASR or comparable documentation for Direct Connect Access. Direct Connect Access is provided on an Individual Case Basis as Special Service Arrangements pursuant to Section 6 of this tariff. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 47 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Categories There are three rate categories which apply to Switched Access Service: End Office Switching (includes Common Line and Switched Transport) Toll-Free 8XX Data Base Access Service Optional Features End Office Switching The Company combines traditional per minute switched access rate elements into a single composite per minute rate element. This element includes the following rate categories: Common Line The Common Line rate category establishes the charges related to the use Company-provided end user common lines by customers and end users for intrastate access. Switched Transport The Switched Transport rate category establishes the charges related to the transmission and tandem switching facilities between the customer designated premises and the end office switch( es) where the customer traffic is switched to originate or terminate the customer s communications. The Switched Transport rate category also includes transport between an end office which serves as host for a remote switching system or module (RSS or RSM) and the RSS or RSM. End Office Switching The End Office Switching rate category establishes the charges related to the use of end office switching equipment, the terminations in the end office of end user lines the terminations of calls at Company Intercept Operators or recordings, the Signaling Transfer Point (STP) costs, and the SS7 signaling function between the end office and the STP. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 48 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Categories (Continued) Toll-Free 8XX Data Base Query The Toll-Free 8XX Data Base Query Charge, will apply for each Toll-Free 8XX call query received at the Company s (or its provider s) Toll-Free 8XX data base. Switched Access Optional Features Various optional features may be available and will be priced on an individual case basis. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 49 Access Ordering 3.4. SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' General Customers may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein. A Customer may order any number of services of the same type and between the same premises on a single ASR. All details for services for a particular order must be identical. The Customer shall provide all information necessary for the Company to provide and bill for the requested service. When placing an order for Access Service, the Customer shall provide the following minimum information: (a) (b) Customer name and Premises address( es); Billing name and address (when different from Customer name and address); and (c)Customer contact name(s) and telephone number(s) for the following provisioning activities: order negotiation, order confirmation, interactive design, installation and billing. Access Service Date Intervals Access Service is provided with Standard or Negotiated Intervals The Company will specify a firm order confirmation date and Service Commencement Date contingent on the ASR being complete as received. To the extent the Access Service can be made available with reasonable effort, the Company will provide the Access Service in accordance with the Customer s requested interval subject to the following conditions: (a)For service provided under a Standard Interval: The Standard Interval for Switched Service will be sixty (60) business days from the Application Date. This interval only applies to standard service offerings where there are pre- existing facilities to the Customer Premises. Access Services provided under the Standard Interval will be installed during Company business hours. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 50 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Access Ordering (Continued) Access Service Date Intervals (continued) (continued) (b)For service provided under a Negotiated Interval: The Company will offer a Service Date based on the type and quantity of Access Services the Customer has requested. The Negotiated Interval may not exceed by more than six months the Standard Interval Service Date, or, when there is no Standard Interval, the Company offered Service Date, except as otherwise agreed by the Company in writing. The Company will negotiate a Service Date interval with the Customer when: The Customer requests a Service Date before or beyond the applicable Standard Interval Service Date; or There is no existing facility connecting the Customer Premises with the Company; or The Customer requests a service that is not considered by the Company to be a standard service offering (for example, if additional engineering or special construction is required to complete the order); or The Company determines that Access Service cannot be installed within the Standard Interval. All services for which rates are applied on an Individual Case Basis are provided with a Negotiated Interval. Access Service Request Modifications The Customer may request a modification of its ASR prior to the Service Commencement Date. All modifications must be in writing using the industry ASR process. The Company, in its sole discretion, may accept a verbal modification from the Customer. The Company will make every effort to accommodate a requested modification when it is able to do so with the normal work force assigned to complete such an order within normal business hours. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 51 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Special Construction or Special Service Arrangements Subject to the agreement of the Company and to all of the regulations contained in this tariff special construction of Company facilities or development of special service arrangements may be undertaken by the Company on a reasonable-efforts basis at the request of the Customer. Such construction or arrangements will be provided pursuant to regulations contained in Section 6 of this tariff. Obligations of the Company With regard to access services provided by the Company, specific Company responsibilities include, but are not limited to the following: (a)Network Management The Company will administer its network to ensure that provision of acceptable service levels to all telecommunications users of the Company s network services. Generally, service levels are considered acceptable only when both End Users and Customers are able to establish connections with minimal delay encountered within the Company network. The Company maintains the right to apply protective controls, i., those actions, such as call gapping, which selectively cancel the completion of traffic, over any traffic carried over its network, including that associated with a Customer s Switched Access Service. Generally, such protective measures would only be taken as a result of occurrences such as a failure or overload of Company or Customer facilities, natural disasters, mass calling or national security demands. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 52 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Obligations of the Company (Continued) (continued) (b)Design and Traffic Routing of Switched Access Service The Company shall design and determine the routing of Switched Access Service including the selection of the first point of switching and the selection of facilities from the interface to any switching point and to the End Offices. The Company shall also decide if capacity is to be provided by originating only, terminating only, or two- way trunk groups. Finally, the Company will decide whether trunk side access will be provided through the use of two-wire or four-wire trunk terminating equipment. Selection of facilities and equipment and traffic routing of the service are based on standard engineering methods, available facilities and equipment and the Company traffic routing plans. If the Customer desires different routing or directionality than that determined by the Company, the Company will work cooperatively with the Customer in determining (1) whether the service is to be routed directly to an end office or through an access tandem switch and (2) the directionality of the service. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 53 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Obligations of the Customer The Customer has certain specific obligations pertaining to the use of Switched Access Service. These obligations are in addition to obligations specified in Section 2.9 of this tariff and are as follows: (a)Report Requirements Customers are responsible for providing the following reports to the Company, when applicable: Jurisdictional Reports When a Customer orders Switched Access Service for both interstate and intrastate use, the Customer is responsible for providing reports as set forth in Section 2.2(c) preceding. Charges will be apportioned in accordance with those reports. Code Screening Reports When a Customer orders service call routing, trunk access limitation or call gapping arrangements, the customer must report the number of trunks and/or the appropriate codes to be instituted in each end office or access tandem switch, for each of the arrangements ordered. (b)On and Off-Hook Supervision The Customer s facilities shall provide the necessary on and off-hook supervision for accurate timing of calls. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 54 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Regulations General There are three type of rates and charges that apply to Switched Access Service provided by the Company. These are monthly recurring charges, usage charges, and nomecurring charges. Types of Charges Nonrecurring charges are one time charges that apply for a specific work activity (e., installation or change to an existing service). Non-recurring charges may apply for installation of service, installation of optional features and service rearrangements. Recurring Charges are flat monthly rates that apply for each month or fraction thereof that a specific rate element is provided. For billing purposes, each month is considered to have 30 days. U sage Charges are rates that apply only when a specific rate element is used. These are applied on a per-access minute, a per-call or per-query basis. Usage rates are accumulated over a monthly period. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 55 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Regulations (Continued) Measurement of Access Minutes When recording originating calls over FG Access with multi-frequency address signaling, usage measurement begins when the first wink supervisory signal is forwarded from the Customer s facilities. The measurement of originating call usage over FG Access ends when the originating FG Access entry switch receives disconnect supervision from either the originating End User s End Office (indicating that the originating End User has disconnected), or from the Customer s facilities whichever is recognized first by the entry switch. For terminating calls over FG Access with multi-frequency address signaling, the measurement of access minutes begins when a seizure signal is received from the Carrier s trunk group at the Point of Presence within the LATA. The measurement of terminating call usage over FG Access ends when a disconnect signal is received indicating that either the originating or terminating user has disconnected. When recording originating calls over FG Access with SS7 signaling, usage measurement begins with the transmission of the initial address message by the switch for direct trunk groups and with the receipt of an exit message by the switch for tandem trunk groups. The measurement of originating FG Access usage ends when the entry switch receives or sends a release message, whichever occurs first. F or terminating calls over FG Access with SS 7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User. On directly routed trunk groups or on tandem routed trunk groups, the Company switch receives the initial address message and sends the indication to the Customer in the form of an answer message. The measurement of terminating FG Access call usage ends when the entry switch receives or sends a release message, whichever occurs first. Mileage, where applicable, will be measured in accordance with standard industry practices. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 56 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Regulations (Continued) Moves A move of services involves a change in the physical location of one of the following: (a) (b) The point of termination at the Customer s Premises, or The Customer s Premises The charges for the move are dependent on whether the move is to a new location within the same building or to a different building as described below: (a)Moves Within the Same Building When the move is to a new location within the same building, the charge for the move will be an amount equal to one half of the nonrecurring charge for the capacity affected. There will be no change in the minimum period requirements. (b)Moves to a Different Building Moves to a different building will be treated as a discontinuance and start of service and all associated nonrecurring charges will apply. New minimum period requirements will be established for the new service. The Customer will also remain responsible for satisfying all outstanding minimum period charges for the discontinued service. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 57 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rate Regulations (Continued) Installation of Optional Features If a separate nonrecurring charge applies for the installation of an optional feature available with Switched Access Service, the charge applies whether the feature is installed coincident with the initial installation of service or at any time subsequent to the initial installation of service. For all other changes, including the addition of, or modifications to, optional featureswithout separate nomecurring charges, a charge equal to one half the Switched Transport nonrecurring (i.e. installation) charge will apply. When an optional feature is not required on each transmission path, but rather for an entire transmission path group, an end office or an access tandem switch, only one such charge will apply. Service Rearrangements Service rearrangements are changes to existing services which do not result in either a change in the minimum period requirements or a change in the physical location of the point of termination at the Customer s premises or the Customer s End User premises. Changes which result in the establishment of new minimum period obligations are treated as disconnects and starts. The charge to the Customer for the service rearrangement is dependent on whether the change is administrative only in nature or involves an actual physical change to the service. Administrative changes will be made without charge(s) to the Customer. Such changes require the continued provision and billing of the Access Service to the same entity or change in jurisdiction. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 58 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rates and Charges Common Line Access Service Carrier Common Line - Per Originating Minute - Per Terminating Minute Note 1 Note 1 Switched Transport Service Nonrecurring Charges Trunk Charges Per Trunk ICB Note 1: All access minutes are billed at a single per minute access rate found in Section 3. Local Switching. This composite rate includes the elements traditionally billed as Carrier Common Line. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 59 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rates and Charges (Continued) Switched Transport Service (Continued) Monthly Recurring Charges Direct- Trunked Transport All elements ofDirect-Trunked Transport are priced on an Individual Case Basis (ICB). U sage Charges Tandem Switched Transport Tandem Switched Transport, per Minute Tandem Switched Transport, per Minute, per Mile Tandem Switching, per Minute Note 1 Note Note 1 Note 1: All access minutes are billed at a single per minute access rate found in Section 3., Local Switching. This composite rate includes the elements traditionally billed as Tandem Switched Transport. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 60 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rates and Charges (Continued) End Office Switching Local Switching - Per Minute $0.04100 Transport Interconnection Charge - Per Minute Note 1 Information Surcharge - Per Minute Note Note 1: All access minutes are billed at a single per minute access rate found in Section , Local Switching. This composite rate includes the elements traditionally billed as Transport Interconnection Charge and Information Surcharge. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 61 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rates and Charges (Continued) 9.4 Toll-Free 8XX Data Base Access Service Per Query $0.0055 Switched Access Optional Features Optional Features are provided on an Individual Case Basis as Special Service Arrangements pursuant to Section 6 of this tariff. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 62 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT' Rates and Charges (Continued) Service Order Charges Service Order Charges are non-recurring charges to recover the administrative costs associated with initiating Access Service. Service Implementation Access Order Charge, per Access Request Installation Charge, per Trunk $ 60. $115. $ 25.Service Date Change, per Access Order Design Change/Partial Cancellation Charge Per Access Order $ 50. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 63 SECTION 4 - DEDICATED ACCESS SERVICE General 1.1 The Company, at its discretion may provide interstate Dedicated Access Services with transmission speeds ranging from 2.4 Kbps to 2.4 Gbps. Dedicated Access Services are offered on a point-to-point basis only. Each Dedicated Access Service is dedicated to a single Customer and the entire usable bandwidth for each service is available to that Customer for their exclusive use. 1.2 All Dedicated Access Services, if offered, will be provided on an individual case basis. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 64 SECTION 5 - SPECIAL CONTRACTS, ARRANGEMENTS, AND CONSTRUCTION Special Contract Arrangements At the option of the Company, services may be offered on a contract basis to meet specialized pricing requirements of the Customer not contemplated by this tariff. The terms of each contract shall be mutually agreed upon between the Customer and Company and may include discounts off of rates contained herein and waiver of recurring, nonrecurring, or usage charges. The terms of the contract may be based partially or completely on the term and volume commitment, type of accessarrangement, mixture of services, or other distinguishing features. Service shall be available to all similarly situated Customers for a fixed period of time following the initial offering to the first contract Customer as specified in each individual contract. Special Service Arrangements If a Customer s requirements cannot be met by services included in this tariff, or pricing for a service is shown in this tariff as "ICB", the Company will provide, where practical, special service arrangements at charges to be determined on an Individual Case Basis. These special service arrangements will be provided if the provision of such arrangements are not detrimental to any other services furnished under the Company s tariffs. Special service arrangement rates are subject to revision depending on changing costs or operating conditions. If and when a special service arrangement becomes a generically tariffed offering, the tariffed rate or rates will apply from the date of tariff approval. Non-Routine Installation Charges At the Customer s request, installation and/or maintenance may be performed outside the Company 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 or night hours, additional charges may apply. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400 BullsEye Telecom, Inc.Idaho Tariff No. 2 Original Page 65 SECTION 6 - SPECIAL CONTRACTS, ARRANGEMENTS, AND CONSTRUCTION, (CONT' Special Construction Charges General Special construction charges may apply for services provided to the Customer by the Company. Special construction includes but is not limited to that construction undertaken: (a) (b) (c) (d) (e) where facilities are not presently available, and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; over a route other than that which the Company would normally utilize in the furnishing of its services; in a quantity greater than that which the Company would normally construct; on an expedited basis; (f) (g) on a temporary basis until permanent facilities are available; involving abnormal costs; (h) (i) in advance of its normal construction; or when the Company furnishes a facility or service for which a rate or charge is not specified in the Companys tariff. Where the Company furnishes a facility or service requiring special construction charges will be determined by the Company and may include: (1) non-recurring charges; (2) recurring charges; (3) usage charges; (4) termination liabilities; or (5) a combinations thereof. Rates and charges for special construction shall be determined and presented to the Customer for its approval prior to the start of construction. No construction will commence until and unless the Customer accepts in writing the rates and charges as presented by the Company. Issued:Effective: Issued By:Scott Loney, Vice President - Marketing BullsEye Telecom, Inc. 25900 Greenfield Road, Suite 330 Oak Park, Michigan 48237 idfO400