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HomeMy WebLinkAboutFinal Approved CLEC Tariff.pdf April 19, 2010 Via Electronic Filing Jean Jewell, Commission Secretary Idaho Public Utilities Commission 472 West Washington Boise, ID 83720 Re: Case No. BVN-T-09-01, Order No. 31030 ~ Broadview Networks, Inc. Dear Secretary Jewell: Pursuant to the above-referenced Case, enclosed is Broadview Networks, Inc.’s (“Broadview”) initial price list, Idaho PUC Tariff No. 1. This tariff introduces Broadview’s local exchange telecommunications service rates, terms and conditions. Broadview respectfully requests the proposed tariff be permitted to go into effect on April 29, 2010. Please feel free to contact me at (610) 755-4877 if there are any questions regarding this matter. Respectfully submitted, Steven J. Bogdan Director, Regulatory and Compliance Enclosures RECEIVED 2010 April 19 AM 9:43 IDAHO PUBLIC UTILITIES COMMISSION BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 1 ____________________________________________________________________________ Broadview Networks, Inc. Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 2 ____________________________________________________________________________ CHECK SHEET Current sheets in the price list are as follows: Sheet Number Revision Sheet Number Revision 1 Original 31 Original 2 Original 32 Original 3 Original 33 Original 4 Original 34 Original 5 Original 35 Original 6 Original 36 Original 7 Original 37 Original 8 Original 38 Original 9 Original 39 Original 10 Original 40 Original 11 Original 41 Original 12 Original 42 Original 13 Original 43 Original 14 Original 44 Original 15 Original 45 Original 16 Original 46 Original 17 Original 47 Original 18 Original 48 Original 19 Original 49 Original 20 Original 50 Original 21 Original 51 Original 22 Original 52 Original 23 Original 53 Original 24 Original 54 Original 25 Original 55 Original 26 Original 56 Original Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 3 ____________________________________________________________________________ CHECK SHEET Current sheets in the price list are as follows: Sheet Number Revision 57 Original 58 Original 59 Original 60 Original Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 4 ____________________________________________________________________________ TABLE OF CONTENTS Subject Matter Sheet Number Title Page 1 Price list Check Sheet 2 Table of Contents 3 Application of Price list 6 Symbols 6 Contact Information 7 SECTION 1.0 – DEFINITIONS 8 SECTION 2.0 - REGULATIONS 2.1 Undertaking of the Company 10 2.2 Shortage of Equipment or Facilities 11 2.3 Selection of Transmission 11 2.4 Notification of Service-Affecting Activities 11 2.5 Provision of Equipment and Facilities 11 2.6 Terms and Conditions 12 2.7 Non-Routine Installation and Special Construction 12 2.8 Ownership of Facilities 13 2.9 Rights-of-Way 13 2.10 Liability 14 2.11 Indemnification 18 2.12 Conflicts Between Price List and Commission Rules 19 2.13 Allowances for Interruptions in Service 19 2.14 Obligations of the Customer 21 2.15 Prohibited Uses 22 2.16 Payments 23 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 5 ____________________________________________________________________________ TABLE OF CONTENTS (CONT’D) Subject Matter Sheet Number SECTION 2.0 - REGULATIONS (Cont’d) 2.17 Taxes, Charges and Fees 26 2.18 Deposits 26 2.19 Refusal or Termination of Services 27 2.20 Restoration of Service 32 2.21 Assignment 32 2.22 Promotions 32 2.23 E-911 32 2.24 Public Notice 33 SECTION 3.0 – LOCAL EXCHANGE SERVICES 3.1 General 34 3.2 Standard Access Line 35 3.3 Local Exchange Service 37 3.4 Optional Features 37 3.5 Directory Listings 39 3.6 Directory Assistance Service 39 3.7 Operator Assisted Services 40 3.8 Busy Line Verification and Interrupt Service 40 3.9 Emergency Telephone Number Service (911, E911) 41 3.10 Blocking Features 42 3.11 Public Telephone Surcharge 43 3.12 Broadspeed PRI 44 SECTION 4.0 – RATES AND CHARGES 50 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 6 ____________________________________________________________________________ APPLICATION OF PRICE LIST Broadview Networks, Inc. (hereinafter "The Company") has been authorized by the Idaho Public Utilities Commission (Idaho PUC) to provide competitive local exchange and interexchange services. This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to small business customers within the State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The following symbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing, rule, or condition, which may affect rates or charges D Indicates discontinued material, including a listing, rate, rule or condition I Indicates an increase M Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition N Indicates new material including listing, rate, rule or condition R Indicates a reduction S Indicates reissued matter T Indicates a change in wording of text, but not a change in rate, rule or condition. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 7 ____________________________________________________________________________ CONTACT INFORMATION Broadview Networks, Inc. 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 www.broadviewnet.com Phone: (914) 922-7000 Fax: (914) 922-7001 Email: www.broadviewnet.com Customer Contact - For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: (800) 276-2384 (610) 755-4182 Maintenance: (800) 276-2384 Commission Contact - For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service, tariffs and regulatory affairs: Steven J. Bogdan, Director of Regulatory Broadview Networks, Inc. 2100 Renaissance Boulevard King of Prussia, PA 19406 Tel: (610) 755-4000 Fax: (267) 537-0074 E-mail: sbogdan@broadviewnet.com Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 8 ____________________________________________________________________________ 1.0 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines: Telephone facilities which permits access to and from the Customer’s premises and the telephone exchange or serving central office. Advance Payment: A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non-recurring charges, and an estimate of the first month’s recurring charges. Advance Payments will be applied to the first bill rendered by Company following implementation of services. Agent: A business representative authorized by the Company to bring about, modify, affect, accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Application: A request made in writing for telephone service. Authorized User: A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI): The automatic transmission of a calling party’s billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area: A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Commission – Idaho Public Utilities Commission. Company or Name of Company: Broadview Networks, Inc. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 9 ____________________________________________________________________________ 1.0 DEFINITIONS (Cont’d) Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company’s regulations related to that service. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service: Telephone service provided to businesses with five (5) or fewer lines. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 10 ____________________________________________________________________________ 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.1.1.2 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2.1.1.2 The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company’s services. However, the Customer remains liable for all obligations under this price list even if such sharing or resale arrangements exist regardless of the Company’s knowledge of these arrangements. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 2.1.1.3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 2.1.1.4 Company 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 any price lists of such other communications carriers. 2.1.1.5 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 11 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.2 Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service. Services will be provided using a combination of the Company’s facilities and/or the resale of other carrier facilities. 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC’s Rules and Regulations and this price list. 2.4 Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventive 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-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. 2.5 Provision of Equipment and Facilities 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this price list. 2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not, and the Customer shall not permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 12 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.6 Terms and Conditions 2.6.1 Service is provided on a minimum term basis of at least one month, using 24- hours per day for each day of the month. For purposes of this price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein. 2.6.2 This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission. 2.7 Non-routine Installation and Special Construction 2.7.1 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. 2.7.2 Special Construction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (c) over a route other than that which the Company would normally utilize in the furnishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the furnishing of its services; (e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 13 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.7 Non-routine Installation and Special Construction (Cont’d) Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company’s other Customers and contractual responsibilities. 2.7.3 If required by the Company, the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer’s initial bill. The Company may require such an advance payment, in addition to a deposit, when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer. 2.8 Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will permit. 2.9 Rights-of-Way Provisioning of the Company’s services is subject to and contingent upon the Company’s ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company’s services to the Customer’s service point as agreed to by the Company. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 14 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.10 Liability A. Except as otherwise stated in this section, the liability of the Company for damages arising out of either: (1) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2.7. B. Except for the extension of allowances to the Customer for interruptions in service as set forth n Section 2.7, 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 or 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. C. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal t 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 Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 15 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.10 Liability (Cont’d) D. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. E. The Company makes no warranties or representations, EXPRESS OR IMPLIED, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability or fitness for a particular use, except those expressly set forth herein. F. failure by the company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other provisions. G. Directory Errors - In the absence of gross negligence or willful misconduct, no liability for damages arising from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions of listing obtainable from the directory assistance operator, including errors in the reporting thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly tariff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs.   Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 16 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.10 Liability (Cont’d)   H. With respect to Emergency Number 911 Service: 1. Neither is the Company responsible for any infringement, nor invasion of the right of privacy or any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, conditions, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or parties accessing emergency 911 service, and which arise out of the negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of any one of them. 2. When a Customer with a nonpublished telephone number, as defined herein, places a call to 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. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 17 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.10 Liability (Cont’d) 2.10.1 Exculpatory Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT’S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT’S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 18 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.11 Indemnification 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. Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the company and is not provided to the Customer, in which event the Company's liability is limited as set forth in paragraph A. of Subsection 2.1.10. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 19 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.11 Indemnification (Cont’d) Injury to property or injury or death to persons, including claims for payments made under Worker's 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's 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.   2.12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer’s rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute. 2.13 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subject to the provisions of this section. 2.13.1 Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An interruption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 20 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.13 Allowances for Interruptions in Service (Cont’d) 2.13.1 Credit for Service Interruptions (Cont’d) 2.13.1.1 The Company must restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 2.13.1.2 within 24 hours after the report of the outage if no emergency exists. 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. 2.13.1.4 If the Company does not restore service within the times required by this paragraph, 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. 2.13.2 Limitations on Allowances No credit allowance will be made for: 2.13.2.1 interruptions due to the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 21 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.13 Allowances for Interruptions in Service (Cont’d) 2.13.2 Limitations on Allowances (Cont’d) 2.13.2.2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 2.13.2.3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 2.13.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 2.14 Obligations of the Customer 2.14.1 The Customer shall provide at no charge, as specified by the Company, any personnel, equipment, space, power, heating and air conditioning needed to operate, and maintain a proper operating environment for the Company’s facilities and equipment installed on the Customer’s premises. 2.14.2 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 herein 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. 2.14.3 If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 22 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company’s facilities or equipment installed at the Customer’s premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 2.15.1 Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the service including but not limited to: (a) rearranging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or (b) using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices, or electronic devices. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 23 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.16 Payments 2.16.1 Customer Obligations 2.16.1.1 The Customer shall pay outstanding charges in full within thirty (30) days of the invoice date. Charges normally will be invoiced in arrears, with monthly recurring charges invoiced on or about the first of the month for which the charges apply. Amounts not paid within thirty (30) days after the date of the invoice are considered delinquent. 2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer’s present and former employees, agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company’s willful or negligent act. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 24 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.16 Payments (Cont’d) 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bill. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer’s rights under the provisions of IDAPA 31.41.01.204 to challenge any billing amount due or paid to the Company. 2.16.2.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC’s Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission P.O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 1-800-432-0369 (from outside the local calling area) Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 25 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.16 Payments (cont’d) 2.16.3 Payment Arrangements 2.16.3.1 When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. 2.16.3.2 In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer’s ability to pay, the size of the unpaid balance, the Customer’s payment history and length of service, and the amount of time and reasons why the debt is outstanding. 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services. Such payments shall be applied first to the oldest undisputed balances. 2.16.3.5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment arrangement. 2.16.3.7 A Customer’s failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1+ dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 2.16.3.8 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 26 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.17 Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes, charges or fees from the Customer, these taxes, charges and fees will be itemized separately on the Customer’s bill. 2.18 Deposits 2.18.1 The Company will not require advance deposits. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 27 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant, the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: a) the reasons for denial of the service; b) actions the applicant may take in order to receive the denied service; and c) a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 2.19.1.1 the applicant has an outstanding amount due to the Company for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 2.19.1.2 a condition exists that, in the Company’s judgment, is unsafe or hazardous to the applicant, the general population, or the Company’s personnel, agents or facilities; 2.19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet the credit criteria for waiver of deposit requirements; 2.19.1.4 the applicant is known to be in violation of the Company’s price lists filed with the Commission; 2.19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 2.19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 28 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.19 Refusal or Termination of Services (cont’d) 2.19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 2.19.2.1 for nonpayment of any undisputed amounts owing to the Company; 2.19.2.2 for services provided to premises that have been vacated by the Customer; 2.19.2.3 for tampering with the Company’s property; 2.19.2.4 for violation of rules, service agreements, or filed price lists; 2.19.2.5 for use of Customer equipment which adversely affects the Company’s property, facilities, or service to its other Customers, or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 2.19.2.6 for fraudulent obtaining or use of service, including, but not limited to: (a) providing false information to carrier the Company regarding the Customer’s identity, address, creditworthiness, or current or planned use of common communications; (b) using or attempting to use service by rearranging, tampering with, or making connection to the Company’s service where not authorized by this price list; (c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or (d) any other fraudulent means or device. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 29 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.19 Refusal or Termination of Services (cont’d) 2.19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer’s permission for one or more of the following reasons: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. 2.19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 2.19.3.3 Services Obtained Illegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company. 2.19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. 2.19.3.5 Misrepresentation of Identity. The Customer has misrepresented the Customer’s identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any governmental prohibition, or required alteration of the services provided, or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 30 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.19 Refusal or Termination of Services (cont’d) 2.19.4 Notice of Disconnection 2.19.4.1 Seven-Day Notice Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305, the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date of termination. The written notice will contain the information required by IDAPA 31.41.01.306. 2.19.4.2 Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination, the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination. Oral Notice will contain the same information as required by IDAPA 31.41.01.306. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 31 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.19 Refusal or Termination of Services (cont’d) 2.19.4.3 Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination, but still intends to terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. 2.19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 32 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.20 Restoration of Service 2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. 2.21 Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings from time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. 2.23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls. The Company’s switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 33 ____________________________________________________________________________ 2.0 REGULATIONS (Cont’d) 2.24 Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 34 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES 3.1 General The following Company Services in this section are for business and residential Customers and for carriers certificated by the Commission. All services offered in this tariff are subject to service order and service change charges where the Customer requests new services or changes in existing services, as well as indicated Non-Recurring and Monthly Recurring Charges. Charges for local calling services and Measured Telecommunications Service are assessed on either a flat rate or a measured rate basis and are additional to the charges shown for Standard Residence or Business Line as are other service charges. 3.1.1 Local Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in the exchanges and local calling areas currently served by the Incumbent LEC. NXX’s associated with each particular exchange or zone may be found in the telephone directory published by the incumbent local exchange provider in the Customer’s exchange. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 35 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d)  3.2 Standard Access Line The Standard Residential or Business Access Line provides a Customer with a single, analog, voice-grade telephonic communications channel that can be used to place or receive one call at a time. Standard Access Lines are provided for the connection of Customer-provided wiring and single station sets or facsimile machines. A multi-line subscriber is a Business customer with more than one line provided by Broadview Networks. Standard Access Lines enable the customer to: (a) place or receive calls to any station in the local calling area, as defined herein; (b) access enhanced 911 Emergency Service where available; (c) access the interexchange carrier selected by the Customer for interLATA, intraLATA, interstate or international calling; (d) access Operator Services; (e) access Directory Assistance; (f) place or receive calls to 800 numbers; (g) access Telecommunications Relay Service. Touch Tone signaling, consisting of a push button or touchtone dial that sends out a sound which consists of two discrete tones (one low frequency and one high frequency), picked up and interpreted by telephone switches, is provided as part of the Standard Access Line. The Company’s service will automatically block originating calls to other telephone companies’ caller-paid information services (e.g., 900, 976) at no charge. Calls to those numbers and other numbers used for caller-paid information services will be unblocked on a per directory number basis only. Subsequent blocking of 900-type numbers will incur a charge listed in section 4. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 36 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.2 Standard Access Line (Cont’d) 3.2.1 Business Service Call Timing for Usage Sensitive Services 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 which 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 carrier(s). Timing terminates on all calls when the calling party hangs up or the Company’s network receives an off-hook signal from the terminating carrier. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 37 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.3 Local Exchange Service Local Exchange Service provides the customer the ability to complete local and long distance calls. The Company concurs in the local calling areas defined in the local exchange tariff of the incumbent local exchange company for the geographic area being served. 3.4 Optional Features Anonymous Call Rejection – An arrangement that allows a called party to block calls from parties that have marked their calls “private.” Customers may activate or deactivate this arrangement by dialing a preassigned activation code. There is no charge for this feature. Call Forwarding – Permits a Customer to transfer all incoming calls to another telephone number. The Customer pre-selects a second telephone number to which all incoming calls are to be transferred automatically. Call Forwarding shall not be used to extend calls on a planned or continuing basis to intentionally avoid the payment in whole or in part, of message toll charges that would regularly be applicable between the access line originating the call and the access line to which the call is transferred. Customers utilizing Call Forwarding service are responsible for the payment of charges for each toll call between his access line and the distant access line to which the call was transferred. Call Return – Enables a Customer to automatically return the last incoming call. To return the call, the Customer dials a specified code and the number is dialed automatically. If the called line is busy, a 30-minute queuing process begins. The Customer is then given an indication that the network will attempt to set up the call when the called line is idle. Call Waiting – By means of a tone signal, a Customer who is using his telephone is alerted when another call is trying to reach that telephone number. This service permits putting the first call on hold so that a second call can be answered. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 38 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.4 Optional Features (Cont’d) Caller ID – This feature delivers calling party information to parties being called. Caller ID will indicate the name and directory number of the calling party or may indicate that the number of the calling party is private or unavailable. Customer provided equipment is required to utilize this feature. Calling Number Delivery Block – Allows a Customer to make all calls with the delivery of the calling number identification marked as “private” to all outgoing calls placed over the specified line. This feature will be offered at no charge. Repeat Dialing – An arrangement, which permits the Customer to redial automatically the last number dialed. If the called line is busy, a 30-minute queuing process begins. The Customer is then given an indication that the network will attempt to set up the call when the called line is idle. Speed Calling – Enables a Customer to place calls to other telephone numbers by dialing a one or two digit code rather than the complete telephone number. A Customer may subscribe to either the 8-code capacity or 30-code capacity on their line. Three Way Calling – Enables a Customer to add a third party on an existing call without operator assistance, thereby establishing a three-way conversation. The transmission quality may vary depending on the distance and routing necessary and may not necessarily meet normal standards. Toll Restriction – Restricts associated line from reaching dialing codes required to access long distance carrier networks to place long distance calls. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 39 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.5 Directory Listings The Company will arrange for the listing of the customer’s main billing number in a directory of general circulation at no additional charge. At the customer’s option the Company will arrange for additional listings in such directory for an additional charge. The rates for directory listings apply only to the alphabetical section of the directory. Listings are intended solely for the purpose of identifying the customer’s telephone number as an aid to the use of telephone service. 3.6 Directory Assistance Service Directory Assistance Service is furnished upon customer request for assistance in determining telephone numbers. The customer may request a maximum of two listings per call. A charge applies to each call to Directory Assistance, except that calls made to Directory Assistance by customers who have received Company certification as being unable to use a telephone directory will be exempt from the Directory Assistance charge. The customer has the option of having the call automatically completed to the requested number. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 40 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.7 Operator Assisted Services Operator Assisted Service is provided to customers on a presubscribed basis. Operator Assisted Service is also provided to customers and users of exchange access lines that are presubscribed to the Company’s interexchange outbound calling services. Various billing arrangements are available with the Company’s Operator Assisted Service including Operator Station, Collect, Billed to Third Party, other Operator Assisted and Person-to-Person. Collect calls to coin telephones and transfers of charges to third telephones which are coin telephones will not be accepted. 3.8 Busy Line Verification and Interrupt Service Upon request of a calling party, the Company will attempt to verify a busy condition on a called line using Local Exchange Service by Company. The Operator will determine whether the line is clear or in use and report its status to the calling party. The operator will interrupt the call on the called line only if the calling party indicates an emergency and requests interruption. Busy Line Verification and Interrupt Service is furnished where and to the extent that facilities permit. The customer shall indemnify and hold the Company harmless against all claims that may arise from either party to the interrupted call or any person. A charge will apply when the operator verifies that the line is busy with a call in progress, the operator verifies that the line is available for incoming calls; or the operator verifies that the called number is busy with a call in progress and the customer requests interruption. The operator will then interrupt the call, advising the called party of the name of the calling party. No charge will apply when the calling party advises that the call is to or from an official public emergency agency. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 41 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.9 Emergency Telephone Number Service (911, E911) Emergency Telephone Number Service allows customers to reach emergency services including police, fire and medical services. Subject to availability, Enhanced 911 has the ability to selectively route an emergency call to the primary E911 provider. In addition, the customer’s address and telephone information will be provided to the primary E911 provider for display at the Public Service Answering Point (PSAP). Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 42 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.10 Blocking Features A calling party may block their telephone number, associated main listed name and voiceback of calling identification information to users or subscribers to customer calling features utilizing SS7 technology. Blocking will also prevent call completion through the use of Return Call service. Customers have two blocking options: Per-Call Blocking: By activating a special code, the caller may block the transfer of the telephone number for that call only. There is no charge for using per-call blocking and it is provided on an unlimited basis. Line Blocking: This service must be added to a customer’s line by contacting the Company’s business office and having a service order issued. All calls are automatically blocked when a customer subscribes to line blocking unless the blocking feature is deactivated. If a customer subscribes to line blocking, he/she can deactivate blocking by dialing a special code prior to placing a call. Blocking will be deactivated for that outgoing call only. As facilities permit, a line blocking customer will be provided with a separate code to deactivate blocking, which is different from the per-call blocking code. Where this separate code is not available, the code for per-call blocking and the code to deactivate line blocking will be the same. Line blocking is available to all customers in Broadview Networks, Inc.’s serving territory. Line blocking is provided without charge, except as discussed in the rate section of this tariff.   Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 43 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.11 Public Telephone Surcharge In order to recover the Company’s 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 unrelated 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 re-originated call (e.g., 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: $0.75 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 44 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI 3.12.1 Description Broadspeed PRI is a local exchange access service that provides direct digital connections via 1.544 facitlity between customers with ISDN-PRI compatible Customer Premises Equipment (CPE) and ISDN-PRI equipped switches. Broadspeed Primary Rate Interface (PRI) provides local exchange access loop services such as Direct Inward Dialing (DID), Direct Outward Dialing (DOD), and business dial tone lines. It can also be used as loop transport for circuit data applications. Broadspeed PRI is provisioned on the 1.544 megabits per second (Mbps) bandwidth and uses ISDN architecture of 23 B or bearer channels and 1 D or data channel, or 24 B channels to provide the customer with the capabilities of a simultaneous access, transmission, and switching of voice, data and video applications via channelized transport. Customers are given the opportunity to subscribe to the Company’s services for 1 year, 2 year or 3 year terms. If the Customer discontinues its term commitment prior to the expiration of the agreed upon contract, the termination liability will be equal to the monthly charge multiplied by the number of months remaining on the contract. All Customers agree to meet and will be billed a minimum of $150.00 in monthly calling volumes, including local service, intraLATA toll, interstate and international long distance calling for each Broadspeed PRI service. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 45 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI (Cont’d) 3.12.2 Features Broadspeed PRI offers the following feature functionalities: - Calling Party Number (CPN) – CPN allows the user to have access to the directory number of the calling party. - Call-by-Call (CBC) – CBC allows B channels to be configured to access multiple services such as data, voice and video applications on a per call basis and eliminates the need for separate facilities for individual services. - Multiple Facility Signaling Control – MFSC allows the D channel of one PRI arrangement to provide signaling for up to 20 (T) PRIs. A back up D channel is required for this arrangement. - Calling Line Identification – Delivers the calling party’s telephone number, if available, to the Broadspeed PRI subscriber. The number will be delivered if the call originates either in the same switch as the subscriber or is connected to the switch by SS7. This feature is available per port. - Backup D Channel – provides a backup D channel as a standby spare in the event that the primary D channel fails. Multiple Facility Signaling Control is required for this feature. Backup D channel is available in the DMS switches; and must be NI-2 compatible. - Caller ID With Name - This feature provides the originating telephone number and also the name associated with the line. The information is displayed on a Customer provided display device attached to the Customer’s telephone line. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 46 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI (Cont’d) 3.12.3 Non-Recurring Charges Installation: A non-recurring Installation charge is applicable for each Broadspeed PRI facility. Billing will commence at the earlier of: 1) the date on which installation is complete and services are turned up; or 2) fifteen days after written notification to Customer of the Company’s readiness to schedule service turn up. Service Order: A non-recurring Service Order charge is applicable for each Broadspeed PRI facility. Change Order: A non-recurring Change Order charge is applicable for each Broadspeed PRI facility where after initial installation, the Customer requests changing telecommunications services associated with Broadspeed PRI. Inside Wire: A non-recurring Inside Wire charge is applicable for Broadspeed PRI service. The charge is billed on an hourly basis with a minimum charge of one hour. Additional Inside Wire charges are billed in hourly increments. 3.12.4 Monthly Recurring Charges Broadspeed PRI service is subject to monthly recurring charges on a per facility basis. All PRI facilities are subject to a fixed monthly recurring charge. PRI facilities that are greater than 0.1 miles and less than fifteen miles are subject to a monthly recurring mileage charge in addition to the fixed monthly recurring charge. No services are provisioned beyond fifteen miles from a Company T1 collocation. Subscribers will be subject to a fixed monthly recurring mileage component and a per mile component. DS1 facility mileage calculated at .5 or less will be rounded down. DS1 facility mileage calculated at .6 or higher will be rounded up (Example - If DS1 facility mileage equals 1.5 miles, the per mile component of the monthly recurring mileage would equal 1 mile. If DS1 facility mileage equals 1.6 miles, the per mile component of the monthly recurring mileage would equal 2 miles). Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 47 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI (Cont’d) 3.12.4 Monthly Recurring Charges (Cont’d) Subscribers must select one of the following four (4) discrete calling plan options shown below. Measured Plan: There is no monthly recurring charge associated with the Measured Plan with the exception of the facility charge. All local, intraLATA toll and long distance calls are timed and rated per usage rates defined herein. 10k Plan: Monthly recurring charges for the 10k Plan include 10,000 minutes per month of local, intraLATA toll and long distance calling. All local, intraLATA toll and long distance calls in excess of the 10,000 minute per month allowance will be billed at the overage per minute rates defined herein. 25k Plan: Monthly recurring charges for the 25k Plan include 25,000 minutes per month of local, intraLATA toll and long distance calling. All local, intraLATA toll and long distance calls in excess of the 25,000 minute per month allowance will be billed at the overage per minute rates defined herein. 100k Plan: Monthly recurring charges for the 100k Plan include 100,000 minutes per month of local, intraLATA toll and long distance calling. All local, intraLATA toll and long distance calls in excess of the 100,000 minute per month allowance will be billed at the overage per minute rates defined herein. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 48 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI (Cont’d) 3.12.5 Local Calls Broadspeed PRI provides local calling service. Local usage is non-time-of-day sensitive and is billed on per minute basis. The Company concurs with the local exchange and service areas defined by the incumbent local exchange areas. The Flat Rate Local Plan is limited to 100,000 minutes per month of outbound local usage allowance per PRI. Local usage exceeding the monthly allowance will be billed at standard Measured Plan per minute rates. For customers with the Flat Rate Local Plan, the local usage allowance applies only to outbound direct dialed calls. The service cannot be used with autodialers which are devices that allow users to dial pre-programmed telephone numbers, or used for outbound call center applications such as telemarketing or market research. This service is available only to business customers and is only for voice use. The Company reserves the right to change the calling plan of customers with inappropriate usage or who are not in compliance with the restrictions set forth in this tariff. Customers who exceed the Flat Rate Local Plan allowance for three (3) consecutive months may have their rates adjusted to the standard Measured Plan. 3.12.6 IntraLATA Toll Calls Broadspeed PRI provides IntraLATA Toll Calling Service which is furnished for communications between different local calling areas within a LATA. A LATA is an area defined in the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0191. A call that terminates within the same LATA but outside the local calling area is considered an IntraLATA Toll Service call. IntraLATA Toll usage is non-time- of-day sensitive and is billed on a per minute basis. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 49 ____________________________________________________________________________ 3.0 LOCAL EXCHANGE SERVICES (Cont’d) 3.12 Broadspeed PRI (Cont’d) 3.12.7 Long Distance Calls Broadspeed PRI provides intrastate and interstate long distance calling service. Long distance usage is non-time-of-day sensitive. Usage is billed in initial thirty (30) second increments with six (6) second increments billed thereafter. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 50 ____________________________________________________________________________ 4.0 RATES AND CHARGES 4.1 Standard Access Line Rates Standard Access Lines are provided where facilities currently exist. New Access Lines requiring new facilities will incur additional charges. 4.1.1 Residential Monthly Recurring Charges Flat Rate Service Individual Line, first $21.00 Individual Line, additional $21.00 Measured Rate Service Individual Line, first $14.50 Individual Line, additional $14.50 Measured Rate Service customers receive a $3.00 monthly allowance for outgoing local calls. Local usage for Measured Rate Service is $0.04 for the initial minute and $0.015 for each additional minute. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 51 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.1 Standard Access Line Rates (cont’d) 4.1.1 Residential (Cont’d) Non-Recurring Charges Line Connection (per line) $60.00 Move, change or add service/equipment $60.00 Record type change only $30.00 Change of Telephone Number $30.00 Presubscription Change (changes, per line) $5.50 Line Restoral $79.00 Toll Service Restoral $79.00 Applies for line or toll service restoral after temporary interruption of service initiated by the Company. If service is temporarily interrupted and payment is not received within 10 days following the interruption, the Company reserves the right to discontinue service. If service is discontinued and subsequently re-established, charges apply as for a new installation of service. Temporary Suspension $26.00 Voluntary Toll restriction Re-activation $15.00 Applies for Line or Toll restoral after Customer-initiated suspension. Reactivation of 900 Blocking Option $25.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 52 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.1 Standard Access Line Rates (Cont’d) 4.1.2 Business Monthly Recurring Charges Flat Rate Service Individual Line, first $33.50 Individual Line, additional $33.50 Measured Rate Service Individual Line, first $25.00 Individual Line, additional $25.00 Measured Rate Service customers receive a $3.00 monthly allowance for outgoing local calls. Local usage for Measured Rate Service is $0.04 for the initial minute and $0.015 for each additional minute. Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 53 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.1 Standard Access Line Rates (Cont’d) 4.1.2 Business (Cont’d) Non-Recurring Charges Line Connection (per line) $120.00 Move, change or add service/equipment $120.00 Record type change only $30.00 Change of Telephone Number $30.00 Transfer of Billing Name $30.00 Presubscription Change (changes, per line) $5.50 Line Restoral $79.00 Toll Service Restoral $79.00 Applies for line or toll service restoral after temporary interruption of service initiated by the Company. If service is temporarily interrupted and payment is not received within 10 days following the interruption, the Company reserves the right to discontinue service. If service is discontinued and subsequently re-established, charges apply as for a new installation of service. Temporary Suspension $35.50 Voluntary Toll restriction Re-activation $40.00 Applies for Line or Toll restoral after Customer-initiated suspension. Reactivation of 900 Blocking Option $100.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 54 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.2 Optional Calling Features Rates Monthly Charges Residence Business Call Block $ - $ - Per Line Blocking $8.00 $13.00 Call Forwarding – Variable $5.00 $6.00 Call Waiting $7.00 $8.00 Call Return - Unlimited $5.00 $5.50 Call Return - Per use $1.00 $1.00 Speed Dial 8 $3.50 $4.50 30 $4.50 $5.55 3-Way Calling $4.50 $6.00 3-Way Calling – Per Use $1.00 $1.00 Call Trace – Per Use $1.00 $1.00 Remote Call Forwarding $6.00 $9.00 Caller ID $9.00 $10.00 Caller ID with Name $9.00 $10.00 Priority Call $4.50 $5.00 Busy Number Redial – Per use $1.00 $1.00 Busy Number Redial – Unlimited $4.00 $4.50 Select Call Forward $5.00 $5.50 Ultra Forward $7.00 $10.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 55 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.3 Blocking Services In addition to the rates listed above for Blocking services, the following rate may be applicable in instances where customers wish to have Line Blocking Deactivated: Line Blocking Deactivation Residence Business Non-recurring, per event $10.00 $10.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 56 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.4 Directory Assistance Rates A customer may obtain Directory Assistance in determining telephone numbers within their local calling area by calling the DA operator at the following rate: Residence Business Directory Assistance: $1.99 per call $1.99 per call Residential customers are eligible to place five (5) calls to Directory Assistance per line per month at no additional charge. A customer may request that the call be completed by the DA service for the following charge: Residence Business DA Call Completion: $0.75 per call $0.75 per call A customer may obtain Directory Assistance in determining telephone numbers outside their local calling area by dialing either “411” or “00” at the rates listed herein. Residence Business National Directory Assistance: $1.99 per call $1.99 per call 4.5 Operator Services Rates The following surcharges will be assessed on a per call basis. Residence Business Collect Calling $1.30 $1.30 Person to Person $3.50 $3.50 Operator Station to Station $1.30 $1.30 Mechanized Station to Station $1.30 $1.30 4.6 Busy Line Verification and Interrupt Service Rates Residence Business Busy Line Verification, each request $2.50 $2.50 Busy Line Verification with Interrupt, each request $5.00 $5.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 57 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.7 Directory Listings Monthly Recurring Residence Business Additional Listing $3.00 $6.00 Non-Published $3.00 $3.00 Non-Listed $2.50 $2.50 4.8 Personalized Phone Number Residence Business Nonrecurring $75.00 $250.00 4.9 Calling Card Residence Business Paystation surcharge, per call $0.75 $0.75 Per Minute, per call $0.25 $0.25 4.10 Maintenance Visits Normal Business Hours (Monday-Friday 8:00 am – 5:00 pm) $50.00 per site visit, and 95.00 per hour, billed in fifteen (15) minute increments, per technician, plus materials. Outside Normal Business Hours $75.00 per site visit, and $142.50 per hour, billed in fifteen (15) minute increments, per technician, plus materials. Dispatch Charge Per Occurrence - $149.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho  BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 58 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.11 Business Calling Plans 4.11.1 Broadspeed PRI One Year Two Year Three Year Term Term Term Non-Recurring Charges: Per PRI: Installation $750.00 $750.00 $750.00 Service Order $40.00 $40.00 $40.00 Change Order $40.00 $40.00 $40.00 Denied/Missed Site Survey Appointment, per Occurrence $99.00 $99.00 $99.00 Long Distance Account Codes, per Acct $25.00 $25.00 $25.00 Order Cancellation Fee $1,500.00 $1,500.00 $1,500.00 Inside Wire, per hour $110.00 $110.00 $110.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 59 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.11 Business Calling Plans (Cont’d) 4.11.1 Broadspeed PRI (Cont’d) One Year Two Year Three Year Term Term Term Monthly Recurring Charges (includes port, facility, trunks and 1st 20 DIDs): Per PRI Facility $649.00 $449.00 $399.00 PRI Facility - Mileage Charge - Fixed $45.00 $45.00 $45.00 - Per Mile $20.00 $20.00 $20.00 Toll Free Numbers, each $10.00 $10.00 $10.00 Caller ID With Name $100.00 $100.00 $100.00 Call Re-Direct $50.00 $50.00 $50.00 Flat Rate Local Plan $250.00 $250.00 $250.00 10k Plan $160.00 $140.00 $125.00 25k Plan $400.00 $360.00 $320.00 100k Plan $970.00 $865.00 $765.00 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573    Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho BROADVIEW NETWORKS, INC. Idaho PUC Tariff No. 1 Original Page No. 60 ____________________________________________________________________________ 4.0 RATES AND CHARGES (Cont’d) 4.11 Business Calling Plans (Cont’d) 4.11.1 Broadspeed PRI (Cont’d) One Year Two Year Three Year Term Term Term Per Minute Charges Local Calls Per Minute $0.020 $0.017 $0.015 IntraLATA/Long Distance Calls Per Minute $0.045 $0.029 $0.024 Toll Free Inbound Calls Per Minute $0.045 $0.029 $0.024 Local Calls - Overage Per Minute $0.045 $0.029 $0.024 IntraLATA/Long Distance Calls - Overage Per Minute $0.045 $0.029 $0.024 Issued Date: April 19, 2010 Effective Date: April 29, 2010 Issued by: Charles C. Hunter, Executive Vice President & General Counsel 800 Westchester Avenue, Suite N-501 Rye Brook, NY 10573 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING April 29, 2010 Boise, Idaho