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HomeMy WebLinkAboutColeman Enterprises Inc.pdfPAGE 1 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. djbj a Local Long Distance Boise, Idaho IDAHO TELECOMMUNICATIONS TARIFF COLEMAN ENTERPRISES, INe. djbj a LOCAL LONG DISTANCE 28 West Fifth Street Suite 480 St. Paul, MN 55102 This tariff contains the descriptions, regulations, and rates applicable to the furnishing of long distance telecommunications services within and throughout the state of Idaho by Coleman Enterprises, Inc. dj b j a Local Long Distance. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected during normal business hours at the Company s principle place of business 28 West Fifth Street, Suite 480, St. Paul, MN 55102. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 2 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise, Idaho TARIFF CHECK SHEET SHEET NO.REVISION EFFECTIVE DATE Sheet 1 Original September 25, 1997 Sheet 2 Original September 25, 1997 Sheet 3 Original September 25 1997 Sheet 4 Original September 25 1997 Sheet 5 Original September 25 1997 Sheet 6 Original September 25, 1997 Sheet 7 Original September 25 1997 Sheet 8 Original September 25, 1997 Sheet 9 Original September 25, 1997 Sheet 10 Original September 25, 1997 Sheet 11 Original September 25, 1997 Sheet 12 Original September 25 1997 Sheet 13 Original September 25, 1997 Sheet 14 Original September 25, 1997 Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 3 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise. Idaho TABLE OF CONTENTS TARIFF CHECK SHEET ............. .............. .......... .................... ..................................... 2 EXPLANATION OF SYMBOLS ................................................................................. 4 TECHNICAL TERMS AND ABBREVIATIONS ...................................................... 5 1. APPLICATION OF TARIFF AND SERVICE AREA ......................................... 6 2. REGULATIONS ........... .... .......... ................ ...... ............ ........................ .... ............... 6 1 Undertaking of the Company................................................................. 6 1 Scope............................................................................................ 1.2 Shortage of Facilities .................................................................. 3 Liability of the Company.......................................................... 7 Claims.......................................................................................... 8 2 Prohibited Uses......................................... ................................................. 8 3 Use of Service............................................................................................. 8 4 Payment Arrangements ......... ...... ...... ............ ............................ .............. 1 Payment for Service ................................................................... 9 2.4.2 Discontinuance of Service for Cause ....................................... 10 2.4.3 Customer Inquiries and Complaints ....................................... 10 3. SERVICE OFFERINGS """""'" .................. ................ ............................ ........ ........ 11 1 Intrastate Message Telecommunications Service ................................. 11 1(a) Description of Services ......................................................... 1 (b) Timing of Calls ......... .................. ........................ ............ ........ 11 1 (c) Calculation of Distance ..... .......... ........ .................... .............. 11 1(d) Minimum Call Completion Rate......................................... 11 1 (e) Advance Payments ....... """"""""""" .............. .............. ....... 11 2 Rates and Charges ...................................................................... Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 121997 PAGE 4 REVISION: ORIGINAL Coleman Enterprises, Inc. dj b j a Local Long Distance Boise, Idaho EXPLANATION OF SYMBOLS Changed Regulation Discontinued rate or regulation Rate increase Matter moved or relocated without change New rate or regulation Rate reduction Reissued matter Change in text, but no change in rate or regulation Correction Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 5 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. djbj a Local Long Distance Boise, Idaho TECHNICAL TERMS AND ABBREVIATIONS Access Line - An arrangement which connects the customer s location to the underlying carrier s central office. Authorization Code - A numerical code, one or more of which are available to a customer to enable himj her to access the carrier, and which are used by the carrier both to prevent unauthorized access to its facilities and to identify the customer for billing purposes. Company or Carrier - Coleman Enterprises, Inc., djbj a Local Long Distance. Customer - The person, firm, corporation or other entity which orders service and is responsible for payment of charges due and compliance with the Company s tariff regulations. FCC or Commission - Federal Communications Commission. Holidays - The Company s recognized holidays are New Year s Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. LEC - Local Exchange Carrier. Service - The communications offerings provided by the Company, resold long- distance voice and data service obtained by the Company from a facilities-based interexchange carrier. Underlying Carrier - Facilities-based interexchange carrier providing the long-distance service being resold by the Company. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 6 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise. Idaho APPLICATION OF TARIFF AND SERVICE AREA This tariff contains the regulations and rates applicable to the provision of Long Distance Message Telecommunications Service by the Company, consisting of outbound 1 + service and inbound 800 service. Service is furnished subject to transmission, atmospheric, and like conditions. Service is offered by the Company within and throughout the entire state of Idaho. Rates, rules, and regulations contained within this tariff apply to Company customers throughout Idaho. REGULATIONS Undertaking of the Company Scope The Company undertakes to provide Long Distance Message Telecommunications Service within the state of Idaho in accordance with the terms and conditions set forth in this tariff. The Company does not own or operate long distance transmission facilities, but rather resells the facilities of underlying carriers. Shortage of Facilities All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of the lack of satellite or other transmission medium capacity or because of any causes beyond its control. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 7 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise, Idaho 1.3 Liability of the Company (A) Except as stated in this Section 2., the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this tariff. This tariff does not limit the liability of the Company for willful misconduct. (B) The liability of the Company for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff, including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed an amount equal to five times the initial minute charge provided for under this tariff for the intrastate long distance call for the period during which the call was affected. No other liability in any event shall attach to the Company. (C) The Company shall not be liable for any failure of performance hereunder due to causes beyond its control including but not limited to acts of God, fires, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over the Company, or of any department agency, commission, bureau, corporation or other instrumentality of anyone or more of said governments, or of any civil or military authority; or national emergencies insurrections, riots, wars, or strikes or other labor difficulties. (D) The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities, equipment, or services used with the Company Long Distance Message Telecommunications Service. Nor shall the Company be liable for any damages or losses due to the failure or negligence of the Customer or due to the failure of Customer-provided equipment, facilities or serVIces. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 8 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. djbj a Local Long Distance Boise, Idaho (E) The included tariff language does not constitute a determination by the Idaho Public Utilities Commission that a limitation of liability should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 1.4 Claims The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable attorney s fees, due to claims for libel, slander, or infringement of copyright in connection with the material transmitted over the Company s facilities: 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 facilities. Prohibited Uses Long Distance Message Telecommunications Service shall not be used for any unlawful purpose. Use of Service Long Distance Message Telecommunications Service may be used to transmit communications of the Customer in a manner consistent with the terms of this tariff and the policies and regulations of the FCc. Use of Long Distance message Telecommunications Service is considered an order for such service. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 9 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise. Idaho 2.4 Payment Arrangements 2.4.Payment for Service (A) The Customer is responsible for payment of all charges for facilities and services furnished by the Company. Federal, state and local sales, use and excise taxes, where applicable, shall be added to the charges contained herein. It shall be the responsibility of the Customer to pay these taxes and to accept the liability of any such unpaid taxes that may subsequently become applicable retroactively. (B) Bills are due and payable upon receipt. If the Customer s net bill is not paid (payment received by the Company) within twenty (20) days after the invoice date listed on the bill it shall become a delinquent bill and interest at the lesser of (1) the rate of one and one-half percent (1.5%) per month or (2) the highest rate allowed by law per month shall accrue upon any unpaid amount. If the Company initiates legal proceedings to collect any amount due hereunder and the Company substantially prevails in such proceedings then the defendant Customer shall pay the reasonable attorney s fees and costs of the Company in prosecuting such proceedings and appeals therefrom. (C) The Customer will be assessed a charge of twenty-five dollars ($25.00) or the highest amount allowed by law whichever is lesser, for each check submitted by the Customer to the Company which a financial institution refuses to honor for insufficient funds or a non-existent account. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 10 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. djbj a Local Long Distance Boise. Idaho 2.4.Discontinuance of Service for Cause Upon non-payment of any sum owing to the Company for more than 30 days beyond the date of rendition of the bill for service or upon violation of any of the terms or conditions governing the furnishing of service under this tariff, the Company may, after 24 hours advance notice in writing to the Customer, without incurring any liability, discontinue the furnishing of service under this tariff. These restrictions on Long Distance Message Telecommunications Service may include, but are not limited to, the following: the Company may withhold the use of a specific 800 number or deny its transfer to another carrier for nonpayment of charges due. Such action may be taken without written notice being sent to the Customer. Upon payment of charges by the Customer this restriction on the use of a specific 800 number will be removed. 2.4.Customer Inquiries and Complaints Customer inquiries or complaints regarding the billing or service provided by the Company should be directed to the following telephone number: 1-800-585-8167. The customer may also contact the Company s Customer Service Department by mail at: Kristi Bentfield Customer Service Manager 28 West Fifth Street, Suite 480 St. Paul, MN 55102 Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 11 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 Coleman Enterprises, Inc. dj b j a Local Long Distance Boise. Idaho SERVICE OFFERINGS Intrastate Message Telecommunications Service 3. 1. 1(a)Description of Services The Company offers switched and dedicated access MTS and 800 interexchange services by the resale of the services of Underlying Carriers, currently Frontier Communications and Sprint. Such service is available twenty-four (24) hours a day, seven (7) days a week. MTS and 800 Services are offered on a time and distance sensitive rate basis and an optional flat rate basis. 1.1(b)Timing of Calls The Customer s long distance usage charge is based on the actual usage of the Company s services. Usage begins when the called party picks up the receiver, and ends when the calling party hangs up. Calls are measured by Underlying Carriers, whose services are resold by the Company, in accordance with its own Tariff. 1(c)Calculation of Distance The Company uses the V &H coordinate system to calculate the distance of calls. 1(d)Minimum Call Completion Rate A Customer can expect a call completion rate (number of calls completedj number of calls attempted) of not less than 99% during peak use periods. 1.1(e)Advance Payments The Company will not assess advance payments in Idaho. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 12 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 1 2 1997 Coleman Enterprises, Inc. djbj a Local Long Distance Boise, Idaho Rates and Charges Dedicated Access Dedicated access services have initial set up and monthly charges which are dependent on local exchange carrier tariffs and based on the customer s location and individual needs. The customer s needs and physical location may also affect the rates charged by the Company. (B)Non-Recurring Charges Validated Account Codes per account install Validated Account Codes $5. $5. (C)Recurring Charges Validated Account Codes per account 800 Charges Program Fees $5. $5. $5. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO FROM : LAw 0FF ICES PHONE NO. : 321 9207 Dec. 12 1997 02: 53PM P2 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 PAGE 13 REVISION: ORIGINAL Coleman Enterprises, Inc. dl b j a Local Long Distance Boise, Idaho CD)Rates Per Minute Outbound and Inbound services carry an initial and incremental billing minimum of no greater than one minute. Switched Access Outbound Service Per Minute Day, Evening and Night Commercial Residential $0. $0. Switched Access Inbound Service Per Minute Day, Evening and Ni~ht Commercial Residential $0. $0. Dedicated Access Outbound Service Per Minute Day, Evening and Night $0.125 Dedicated Access Inbound Service Per Minute Day, Evening and Night $0.135 Travel Card Service:Access charges are $0.35 per access, in addition to a $0.25 per minute charge for the duration of the call. Calls are billed in full minute increments with a one minute billing minimum. (E)Operator Assistance The Company does not provide alternative operator services. Operator assisted calls are limited to live operator or automated operator functions provided by the Underlying Carriers for the processing of telephone services such as completion of person to person, operator assisted station to station calls, dialing instructions and emergency call handling. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO PAGE 14 REVISION: ORIGINAL Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING DEC 12 1997 Coleman Enterprises, Inc. djbj a Local Long Distance 60iQ(! Idebo (F)Directory Assistance Switched 1+ Interstate Intrastate International $0. $0. $4. Travel Card Interstate Intrastate International $0.80 $0. $4. (G)Monthly Service Fee All customers may be charged a minimum monthly service fee for long distance usage not to exceed $5.00. (H)The Company will give at least ten (10) days notice to customers and the Idaho Public Utilities Commission before increasing rates or other charges. The notice will be either individual notice or a public notice in the newspapers in the Company s Idaho service area. Issued: September 15, 1997 Effective: October 5, 1997 Issued by: Dan Coleman, CEO