Comm South Companies Inc.pdf

PAGE
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INC.Boise. Idaho(Acceptance Stamp)
Comm South, Inc.
2909 N. Buckner Boulevard, Suite 800
Dallas, Texas 75228
This Tariff applies to intrastate switched and dedicated telecommunications services furnished within the
state of Idaho by Comm South Companies, Inc. ("Carrier ). This Tariff is on file with the Idaho Public Utilities
Commission, and copies may be inspected, during normal business hours, at Carrier s principal place of business at
2909 N. Buckner Boulevard, Suite 800, Dallas, Texas 75228.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGEl
ORIGINAL
COMM SOUTH COMPANIES, INc.
CHECK SHEET
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9.- 2000
Boise, Idaho(Accepfance tamp)
Sheets of this Tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and
revised sheets, as named below, comprise all changes from the original Tariff that are currently in effect as of the
date on the bottom of this sheet.
SHEET
NUMBER OF REVISION
(except as indicated)
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
EFFECTIVE
DATE
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 2
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 91- 2000
ORIGINAL
COMM SOUTH COMPANIES, INc.Boise. Idaho(Acceptance Stamp)
TABLE OF CONTENTS
Sheet
Check Sheet ..................................................................................................................................................................
Tracking .......................................................................................................................................................................
Tariff Format ................................................................................................................................................................
SECTION I - CONTACT INFORMATION.................................................................................................................
SECTION 2 - DEFINITIONS .......................................................................................................................................
SECTION 3 - RULES AND REGULATIONS .............................................................................................................
SECTION 4 - SERVICES ...........................................................................................................................................
SECTION 5 - RATES AND CHARGES ....................................................................................................................
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 3
ORIGINAL
loano t'UDIlC Utilities L:ommlsSlon
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
TRACKING
C -
The following are the only symbols used for the purposes indicated below.
To signify changed regulation
D -
N -
S -
v -
z -
Delete or discontinue
Change resulting in an increase to a rate
Moved from another tariff location
New
Change resulting in a reduction to a rate
Matter appearing elsewhere or repeated for clarification
Change in text but no change to rate or charge
Signifies vintage tariff
Correction
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 4
Idaho Public Utilities t;ommlSSlon
Office of the Secretary
ACCEPTED FOR FiLING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INc.
Boise, Idaho
(Acceptance Stamp)
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper-right corner of the sheet. Sheets are numbered
sequentially. However, new sheets are occasionally added to the Tariff. When a new sheet is added
between sheets already in effect, a decimal is added. For example, a new sheet added between Sheets 14
and 15 would be 14.
Sheet Revision Numbers - Revision numbers also appear in the upper-right corner of the sheet. These
numbers are used to determine the most current sheet version on file with the Commission. For example
the 4th revised Sheet 14 cancels the third revised Sheet 14. Because of various suspension periods
deferrals, etc. the Commission follows in their Tariff approval process, the most current sheet number on
file with the Commission is not always the Tariff page in effect. Consult the Check Sheet for the sheet
currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is
subservient to its next higher level of coding.
1.1.
1.1.A.
2. 1. LA. 1.
1. LA. 1. (a)
2. 1. LA. 1. (a).I
2. 1. l.A.l.(a).I.(i)
2. 1. l.A.1.(a).I.(i)(l )
Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet accompanies the
Tariff filing. The check sheet lists the sheets contained in the Tariff, with a cross reference to the current
revision number. When new sheets are added, the check sheet is changed to reflect the revision. All
revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on
this sheet if these are the only changes made to it (i., the format, etc. remains the same, just revised
revision levels on some sheets). The Tariff user should refer to the latest check sheet to find out if a
particular sheet is the most current sheet on file with the Commission.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 5
ORIGINAL
COMM SOUTH COMPANIES, INc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
Boise, Idaho
(Acceptance Stamp)
SECTION 1- CONTACT INFORMATION
Toll free number for Customer complaints, billing inquiries, and new service or disconnection requests:
[phone]
Commission Contact - Tariff information:
Bobby Glover
Comm South Companies, Inc.
2909 N. Buckner Boulevard, Suite 800
Dallas, Texas 75228
Telephone: [phone]
Facsimile: [phone]
Commission Contact - Complaints:
Bobby Glover
Comm South Companies, Inc.
2909 N. Buckner Boulevard, Suite 800
Dallas, Texas 75228
Telephone: [phone]
Facsimile: [phone]
Idaho Agent:
CT Corporation System
300 North 6th Street
Boise, Idaho 83701
Telephone: [phone]
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 6
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FiLING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INC.
Boise, Idaho
(Acceptance Stamp)
SECTION 2 - DEFINITIONS
Application for Service - A standard order form which includes all pertinent billing, technical, and other descriptive
information which will enable the Carrier to provide telecommunication service as required.
Carrier - Comm South Companies, Inc., unless the context indicates otherwise.
Commission - Idaho Public Utilities Commission, unless context indicates otherwise.
Customer - The person, fmn, corporation, or other entity which orders or uses service and is responsible for the
payment of rates and charges and compliance with Tariff regulations.
Day - From 8:00 a.m. up to but not including 5:00 p.m. local time Monday through Friday.
Disconnection - The disconnection of a circuit, dedicated access line, or port connection being used for existing
servIce.
ICB - Individual case basis, i., a service arrangement in which the regulations, rates and charges are developed
based on the specific circumstances of Customer s situation.
LATA - A local access and transport area established pursuant to the Modification of Final Judgment entered by the
Unites States District Court for the District of Columbia in Civil Action No. 82-0192 for the provision and
administration of communications services.
Premises - The space designated by a Customer as its place or places of business for termination of service (whether
for its own communications needs or for its resale Customers). In the case of a non-profit sharing group, this term
includes space at each sharer s place or places of business, as well as space at the Customer place of business.
Service or Services - The services covered by this Tariff shall include only the State of Idaho.
Terminal Equipment - Telecommunications devices, apparatus, and their associated wiring, such as teleprinters
telephone, and data sets.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
PAGE 7
COMM SOUTH COMPANIES, INc.Boise, Idaho(Acceptance Stamp)
SECTION 3 - RULES AND REGULATIONS
3.1 SERVICE OFFERED AND SERVICE AREA
1.1 Scope
Carrier is a resale common carrier providing intrastate communications services to Customers for
their direct transmission and reception of voice, data, and other types of telecommunications.
Service is available 24 hours a day, seven days a week, throughout the State ofIdaho. Carrier
requests a waiver of the Commission s requirement to provide maps designating the areas to be
served and local calling areas. Because Carrier intends to offer service on a statewide basis, this
requirement is unnecessary and impractical.
Carrier is responsible under this Tariff only for the services and facilities provided herein. Should
Customers use such services and facilities to obtain access to services offered by other providers
Carrier assumes no responsibility for such other service.
1.2 Shortage of Equipment or Facilities
Carrier reserves the right to limit or allocate the use of existing facilities, or of additional
facilities offered by Carrier when necessary because of lack of facilities or due to some
other cause beyond Carrier s control.
The furnishing of service under this Tariff is subject to availability on a continuing basis
of all necessary facilities from providers to Carrier for resale.
TERMS AND CONDITIONS
3.2.Another telephone company must not interfere with the right of any person or entity to obtain
service directly from Carrier.
Customer has no property right to the telephone number or any other call number designation
associated with services furnished by Carrier. Carrier reserves the right to change such numbers
or the central office designation associated with such numbers, or both, assigned to Customer
whenever Carrier deems it necessary to do so in the conduct of its business.
Neither Carrier nor Customer may assign or transfer its rights or duties in connection with the
services and facilities provided by Carrier without the written consent of the other party, except
that Carrier may assign its rights and duties (a) to any subsidiary, parent company or affiliate of
Carrier; (b) pursuant to any sale or transfer or substantially all the assets of Carrier; or (9 pursuant
to any fmancing, merger or reorganization of Carrier.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 8
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
2.4
TERMS AND CONDITIONS (continued)
Use of Service
Service may not be used for any unlawful purposes or for any purpose for which any payment or
other compensation is received by Customer, except when Customer is a duly authorized and
regulated common carrier. This provision does not prohibit an arrangement between Customer
authorized user, or joint user to share the cost of the service as long as the arrangement generates
no profit for any participant in the arrangement.
Minimum Service Period
The minimum period of service is one month (30 days), unless otherwise stated in this
Tariff.
At the expiration of any term specified in a Customer Service Agreement, or in any
extension thereof, service shall continue on a month to month basis at the then current
rates unless terminated by either party upon 30 days' written notice. Any termination
shall not relieve Customer of its obligation to pay any charges incurred under the
Agreement and this Tariff prior to termination. The rights and obligations which by their
nature extend beyond the termination of the term of the Agreement shall survive such
termination.
LIMITATIONS OF SERVICE
3.4
Carrier offers service to all those who desire to purchase service from Carrier consistent with all
provisions of this Tariff. Customers or subscribers interested in Carrier s services shall file an
Application for Service with the Carrier which fully satisfies Carrier and identifies the services
required.
Service is offered subject to the availability of the necessary facilities and/or equipment and
subject to the provisions of this Tariff. Carrier reserves the right not to provide service to or from
a location where legally prohibited or the necessary facilities or equipment are not available.
Carrier reserves the right to discontinue furnishing service, upon a written notice, when
necessitated by conditions beyond its control, or when Customer is using the service in violation
of any provision in this Tariff, the rules and regulations of the Commission, or the law.
Title to all facilities provided by Carrier under these regulations remains with Carrier. Prior
written permission from Carrier is required before any assignment or transfer. All regulations and
conditions contained in this Tariff shall apply to all such permitted assignees or transferees, as
well as all conditions for service.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 9
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
3.4 LIABILITY
3.4.
3.4.
3.4.3
3.4.4
3.4.
3.4.
The liability of Carrier for any damages arising out of the furnishing of its services, including but
not limited to mistakes, omissions, interruptions, delays, errors, or defects in any service, facility,
or transmission provided under the Tariff, or representations by Carrier, or use of these services or
damages arising out of the failure to furnish the service whether caused by acts or omission shall
not exceed an amount equivalent to the proportionate charge to Customer for the period of service
or the facility provided during which such mistake, omission, interruption, delay, error, or defect
occurs. For the purpose of computing this amount, a month is considered to have 30 days. The
extension of such allowances for interruption shall be the sole remedy of Customer and the sole
liability of Carrier for any direct, indirect, incidental, special, consequential, special, exemplary or
punitive damages, or for any lost profits, even if advised of the possibility of the same, as a result
of any Company service, equipment or facilities, or the acts or omissions or negligence of
Carrier s employees or agents.
Carrier s liability for willful misconduct, if established as a result of judicial or administrative
proceedings, is not limited by this Tariff. With respect to any other claim or suit, by a Customer or
by others, for damages associated with the ordering (including the reservation of any specific
number for use with a service), installation (including delays thereof), provision, termination
maintenance, repair, interruption or restoration of any service or facilities offered under this Tariff
and subject to the provisions of this Section, Carrier s liability, if any, shall be limited as provided
herein.
The entire liability of the Company for any claim, loss, damage or expense from any cause
whatsoever shall in no event exceed sums actually paid to the Company by Customer for the
specific services giving rise to the claim, and no action or proceeding against the Company shall
be commenced more than one year after the service is rendered.
Carrier shall not be liable for any claim ofloss, expense, or damage, due to any interruption, delay,
error, omission, or other defect in service, facility, or transmission provided under this Tariff, if
caused by any person or entity other than Carrier, any malfunction of any service or facility
provided by any other carrier, act of God, fire, war, civil disturbance, act of government, or by any
other cause beyond Carriers control.
Carrier shall not be liable for any act or omission of any other company or companies furnishing a
portion of the service, or for damages associated with service, channels, or equipment which it
does not furnish, or for damages which result from the operation of Customer-provided systems
equipment, facilities or services which are interconnected with Carrier s services.
Carrier shall not be liable for any defacement of or damage to Customer premises resulting from
the furnishing of services of equipment on such premises or the installation or removal thereof
unless such defacement or damage is caused by gross negligence or willful misconduct of
Carrier s agents or employees. No agents or employees of other participating carriers shall be
deemed to be agents or employees of Carrier.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 10
ORIGINAL
Idaho Public Utilities \.;ommI55IUII
Office of the Secretary
ACCEPTED FOR FILING
OCT 9- 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
3.4
3.4.
LIABILITIES OF CARRIER (continued)
3.4.
3.4.
3.4.
Carrier shall not be liable for any delay or failure of performance or equipment due to causes
beyond its control, including but not limited to: acts of God, fire, flood, explosion or other
catastrophes; and law, order, regulation, direction, action or request of the United States
government or of any other government, including state and local governments having or claiming
jurisdiction over Carrier, or of any department, agency, commission, bureau, corporation or other
instrumentality of anyone or more these federal, state, or local governments, or of any military
authority; preemption of existing service in compliance with national emergencies; insurrections;
riots; wars; unavailability of rights-of-way or materials, or strikes, lockouts, work stoppages, or
other labor difficulties.
Carrier shall not be liable for any act or omission of any entity furnishing Carrier or Carrier
Customers facilities or equipment used for or with the services Carrier s offers or for the acts or
omissions of other common carriers or warehousemen.
Carrier shall not be liable for any act or omission of any other company or companies furnishing a
portion of the service, or for damages or losses associated with service, channels, or equipment
which it does not furnish, or for damages or losses which result from the operation of Customer-
provided systems, equipment, facilities or services.
Carrier shall not be liable for and shall be fully indemnified, held harmless, and defended by
Customer or others authorized by it to use the Service against any claim of loss, expense, or
damage, including indirect, special, or consequential damage for:
defamation, libel, slander, invasion of privacy, infringement of copyright or patent
unauthorized use of any trademark, trade name, or service mark, unfair competition
interference with or misappropriation, or violation of any contract, proprietary or creative
right, or any other injury to any person, property, or entity arising from the material, data
information, or content revealed to, transmitted, processed, handled, or used by Carrier
under this Tariff;
all other claims arising out of any act or omission of Customer or others, in connection
with any service provided by Carrier pursuant to this Tariff;
connecting, combining, or adapting Carrier s facilities with Customer s apparatus or
systems;
any act or omission of Customer or others, in connection with any service provided by
Carrier pursuant to this Tariff; or
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
Boise, Idaho(Acceptance Stamp)COMM SOUTH COMPANIES, INC.
3.4 LIABILITIES OF CARRIER (continued)
3.4.10 (continued)
3.4.11
3.4.
3.4.
3.4.14
3.4.
any personal injury or death of any person or for any loss of or damage to Customer
premises or any other property, whether owned by Customer or others, caused directly or
indirectly by the installation, maintenance, location, condition, operation, failure
presence, use, or removal of equipment or wiring provided by Carrier, if not caused by
gross negligence of Carrier.
Customer shall indemnify and hold Carrier harmless from any and all loss, claims, demands, suits
or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any
other party or person(s), and for any loss, damage, or destruction of any property, whether owned
by Customer or others, caused or claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance, removal, condition, location or use of any
installation provided by Carrier. Carrier reserves the right to require each Customer to sign an
agreement acknowledging acceptance of the provisions of this section as a condition precedent to
such installations.
Carrier shall not be liable for any damages, including usage charges, that Customer may incur as a
result of the unauthorized use of its Authorization Code(s) by others. The unauthorized use of
Customer Authorization Code(s) includes, but is not limited tc, the placement of calls using
Customer s Authorization Code(s) without the authorization of Customer. Customer shall be fully
liable for all such usage charges.
No agent or employee of any other carrier shall be deemed to be an agent or employee of Carrier.
CARRIER MAKES NO WARRANTY REGARDING THE PROVISION OF SERVICE
PURSUANT TO THIS TARIFF, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE.
The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for
filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to determine the validity of the
exculpatory clause.
INTERRUPTION OF SERVICE
Credit allowance for interruption of service which is not due to the negligence of Customer or to the failure
of channels, equipment, and/or communications systems provided by the Customer and other carriers are
subject to the general liability provisions set forth in Section 3.4 herein. It shall be the obligation of the
Customer to notify Carrier immediately of any interruption in service for which a credit allowance is
desired by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not being
caused by any action or omission ofthe Customer within his or her control, or is not in wiring or
equipment, if any, furnished by Customer and connected to Carrier s terminal.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 12
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INC.Boise, Idaho
(Acceptance Stamp)
RESPONSIBILITY OF CUSTOMER
6.1 Customer assumes general responsibilities in connection with the provisions and use of Carrier
service. When facilities, equipment, and/or communications systems provided by others are
connected to Carrier s facilities, Customer assumes additional responsibilities. Customer is
responsible for the following:
Customer is responsible for placing orders for service, paying all charges for service
rendered by Carrier, and complying with Carrier s regulations governing the service.
Customer is also responsible for assuring that its users comply with regulations.
When placing an order for service, Customer must provide:
the name(s) and address(es) of the person(s) responsible for the payment of
service charges; and
the name(s), telephone number(s), and address(es) of the Customer contact
person(s).
Customer must pay Carrier for the replacement or repair of Carrier s equipment when the
damage results from:
the negligence or willful act of Customer or user;
improper use of service; or
use of equipment or service provided by others.
Availability of Service for Maintenance, Testing, and Adjustment
Upon reasonable notice, the facilities provided by Carrier shall be made available to Carrier for
such tests and adjustments as may be necessary to maintain them in satisfactory condition. No
interruption allowance will be granted for the time during which such tests and adjustments are
made.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 13
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
RESPONSIBILITY OF CUSTOMER (continued)
Credit Allowances
6.4
Credit for failure of service or equipment will be allowed only when failure is caused by
or occurs in facilities or equipment owned, provided and billed for, by Carrier.
Credit allowances for failure of service or equipment starts when Customer notifies
Carrier of the failure or when Carrier becomes aware of the failure and ceases when the
operation has been restored and an attempt has been made to notify Customer.
Customer shall notify Carrier of failures of service or equipment and make reasonable
attempts to ascertain that the failure is not caused by Customer provided facilities, any act
or omission of the Customer, or in wiring or equipment connected to the terminal.
Only those portions of the service or equipment disabled will be credited. No credit
allowances will be made for:
interruptions of service resulting from Carrier performing routine maintenance;
interruptions of service for implementation of a Customer order for a change in
the service;
interruptions caused by negligence of Customer or his authorized user; or
interruptions of service because of the failure of service or equipment provided
by Customer, authorized user, or other carriers.
Cancellation by Customer
Customer may cancel service any time after meeting the minimum service period.
Termination charges will apply if Customer cancels prior to the expiration of a one-year
or multi-year service agreement. Such termination charge will be equal to one month'
usage as projected in the Carrier s proposal for service, or the actual average monthly
usage to date, whichever is higher, plus the monthly account charge for the remainder of
the contract period. All termination charges and procedures shall be in compliance with
mAPA 31.41.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 14
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INC.
6.4
RESPONSIBILITY OF CUSTOMER (continued)
(continued)
If Customer orders service requiring special facilities dedicated to Customer s use and
then cancels the order before the service begins, before completion of the minimum
service period, or before completion of some other period mutually agreed upon by
Customer and Carrier, a charge will be made to Customer for the nonrecoverable portions
of expenditures or liabilities incurred expressly on behalf of Customer by Carrier and not
fully reimbursed by installation and monthly charges. If, based on the order, any
construction has either begun or been completed, but no service provided, the
nonrecoverable cost of such construction shall be borne by Customer. Such charge will
be determined on a case-by-case basis.
Payment and Charges for Service
Payment for Service is made in advance by Customer at the time any of Carrier s prepaid
services are initially purchased or are replenished, unless otherwise stated.
Customer is responsible for payment of all charges for service furnished to Customer or
Authorized Users, including, but not limited to all calls originated at Customer
number(s); received at Customer s number(s); billed to Customer s number(s) via third-
party billing; incurred at the specific request of Customer; or placed using a calling card
issued to Customer. If an entity other than Carrier imposes charges on Carrier, in
addition to its own internal costs, in connection with a service for which a Carrier Non-
Recurring Charge is specified, those charges may be passed on to Customer. The initial
billing may include the account set-up charge where applicable. All fixed monthly and
nonrecurring charges for services ordered will be billed monthly in advance.
The security of Customer s Authorization Code(s) is the responsibility of Customer. All
calls placed using Customer s Authorization Code(s) shall be deducted from Customer
account.
Customers may pay for service by credit card, an authorized payment agent, or check.
Customer is liable for all costs associated with collecting past due charges, including all
attorneys' fees.
Application of Charges
The charges for service are those in effect for the period that service is furnished. If the charge for
a period covered by a bill changes after the bill has been rendered, the bill will be adjusted to
reflect the new charges.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 15
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INc.
Boise, Idaho
(Acceptance Stamp)
RESPONSIBILITY OF CUSTOMER (continued)
Deposits
Carrier does not require or collect deposits from Customers.
Bad Check Charge
Carrier will bill Customer a one-time charge of$20.00 or five percent of the amount of the check
whichever is greater, if Customer s check for payment of service is returned for insufficient or
uncollected funds, closed accounts, or any other insufficiency or discrepancy necessitating return
of the check at the discretion of the drawee bank or other fmancial institution.
RESPONSIBILITY OF CARRIER
7.1 Pursuant to limitations set forth in Section 3.6.3, when service is interrupted the credit allowance
will be computed on the following basis:
No credit shall be allowed for an interruption of less than two hours.
Customer shall be credited for an interruption of two hours or more for as long as the
interruption continues.
When a minimum usage charge is applicable and Customer fails to meet the minimum
usage charge because of a service interruption, a credit shall be applied against that
minimum usage charge in the following manner. For each period of two hours that the
interruption continues the credit shall equal 1/360th ofthe monthly minimum charge.
Note: in this instance a fractional period of more than one hour shall be treated as a two
hour period.
If notice of a dispute as to charges is not received in writing by Carrier within 30 days
after billing is received by the Customer, the invoice shall be considered correct and
binding on the Customer, unless extraordinary circumstances are demonstrated.
Credit Upon Cancellation
Where Carrier cancels a service and the fmal service period is less than the monthly billing period
a credit will be issued for any amounts billed in advance, prorated at 1/30th of the monthly
recurring charge for each day after the service was discontinued. This credit will be issued to
Customer or applied against the balance remaining on Customer s account.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 16
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
Boise, Idaho(Acceptance Stamp)COMM SOUTH COMPANIES, INC.
RESPONSIBILITY OF CARRIER (continued)
Disconnection of Service by Carrier
Carrier may discontinue service or cancel an application for service without incurring any liability
for any of the following reasons:
After notice, for a violation of any State or municipal law, ordinance, or regulation
governing the service under this Tariff or of any provision of this Tariff or for failure of
the Customer to otherwise fulfill his contractual obligations for service or facilities
subject to regulation by the Commission;
After notice, for failure of Customer to make a proper Application for Service or for a
material misrepresentation of identity in obtaining service or the use of service in a
manner that in the opinion of Carrier constitutes fraud or abuse;
After notice, for the use of telephone service for any other property or purpose than that
described in the Application for Service;
After notice, for neglect or refusal to provide reasonable access to Carrier for the purpose
of inspection and maintenance of equipment owned by Carrier;
After notice, for non-payment of any sum due to Carrier for service for more than 30
days beyond the date of rendition of the bill for such service. Notice of disconnection
shall be separate and apart from the regular monthly bill for service;
After notice, in the event of noncompliance with or a violation of the Commission
regulations or Carrier s rules and regulations on file with the Commission;
After notice, upon Customer s insolvency, assignment for the benefit of creditors, filing
for bankruptcy or reorganization, failing to discharge an involuntary petition within the
time permitted by law, or abandonment of service;
Without notice, for tampering with Carrier s equipment, hazardous conditions, or
customer use of equipment where it adversely affects Carrier s equipment or services; or
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 17
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000ORIGINAL
COMM SOUTH COMPANIES, INC.Raise l1Iaho(Accepfance amp)
RESPONSIBILITY OF CARRIER (continued)
7.3 Disconnection of Service by Carrier (continued)
Without notice, in the event of unauthorized or fraudulent use of service. In the event of
fraudulent use of Carrier s network, Carrier will discontinue service and/or seek legal
recourse to recover all costs involved in enforcement of this provision. Whenever service
is discontinued for fraudulent use of service, the utility may, before restoring service
require Customer to make, at his own expense, all changes in facilities or equipment
necessary to eliminate illegal use and to pay an amount reasonable estimated as the loss
in revenues resulting from such fraudulent use.
7.4 Fractional Charges
Charges for a fractional part of a month are calculated by counting the number of days remaining
in the billing period after service is furnished. Divide that number of days by 30 days (billing
period). The result is then multiplied by the applicable monthly service charge to arrive at the
appropriate fractional monthly service charge.
RESTORATION OF SERVICE
The use and restoration of service in emergencies shall be in accordance with the priority system specified
in Part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 18
ORIGINAL
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9,- 2000
Boise, Idaho
(Acceptance Stamp)COMM SOUTH COMPANIES, INc.
TAXES AND SURCHARGES
Customer is responsible for payment of any sales, use, gross receipts, excise, or other local, state, or federal
taxes, however designated (excluding taxes on Carrier s net income) imposed on or based upon the
provision, sale, or use of Carrier s services. It shall be the responsibility of the Customer to pay any such
taxes that subsequently become applicable retroactively.
9.4
All state and local taxes are listed as separate line items on the Customer s bill and are not
included in the quoted rate(s). Other taxes, charges and regulatory assessments may be identified
in the aggregate on the Customer s bill and are not be included in the quoted rate.
Such taxes, charges, and assessments shall be billed to the Customer receiving service within the
territorial limits of such State, county, city or other taxing authority. Such billing shall allocate the
tax, charge, and/or assessment among Customers uniformly on the basis of each Customer
monthly charges for the types of service made subject to such tax, charge, and/or assessment.
Rates and charges for Carrier s prepaid services, as stated in Carrier s rate schedule, do not include
federal excise tax or those state and local taxes which are required to be paid at the point of sale.
The tariffed rate does include those state and local taxes which are required to be paid on the usage
of the underlying telecommunications service when that service originates and terminates within a
particular tax jurisdiction.
Carrier reserves the right to charge Customer an amount sufficient to recover any governmental
assessments, fees, licenses or other similar taxes or fees imposed upon Carrier. Any surcharge or
fee other than taxes will be filed for Commission approval.
10.
TIMING OF CALLS
10.
When Billing Charges Begin and Terminate for Phone Calls
Customer s long distance usage charge is based on the actual usage of Carrier s network. Usage
begins when the called party picks up the receiver (i., when two-way communication, often
referred to as "conversation time " is possible). When the called party picks up is determined by
hardware answer supervision in which the local telephone company sends a signal to the switch or
the software utilizing audio tone detection. When software answer supervision is employed, up to
60 seconds of ringing is allowed before it is billed as a usage of the network. A call is terminated
when the calling or called party hangs up.
Billing Increments
Unless otherwise specified in this Tariff, calls are billed in six-second increments with a thirty-
second minimum.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 19
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FI LI NG
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INc.
Boise, Idaho(Acceptance Stamp)
3.11 START OF BILLING
For billing purposes, the start of service is the day following acceptance by Customer of Carrier s service or
equipment. The end of service date is the last day of the minimum notification of cancellation or any
portion of the last day, after receipt by Carrier of notification of cancellation as described in Section 3.6.4
of this Tariff.
INTERCONNECTION
12.Service furnished by Carrier may be interconnected with services or facilities of other authorized
communications common carriers and with private systems, subject to the technical limitation
established by Carrier. Service furnished by Carrier is not part of a joint undertaking with such
other carriers. Any special interface equipment or facilities necessary to achieve compatibility
between the facilities of Carrier and other participating carriers shall be provided at the Customer
expense.
3.12.Interconnection with the facilities or services of other carriers shall be under the applicable terms
and conditions of the other carriers' tariffs. Customer is responsible for taking all necessary legal
steps for interconnecting his or her customer provided terminal equipment of communications
systems with Carriers' facilities. Customers shall secure all licenses , permits, rights-of-way, and
other arrangements necessary for such interconnections.
CALCULATION OF DISTANCE
Usage charges for all mileage-sensitive products are based on the airline distance between rate centers
associated with the originating and terminating points of the call. The airline mileage between rate centers
is determined by applying the formula below to the vertical and horizontal coordinates associated with the
rate centers involved.
Formula:(V1- V2)2 + (H1- H2)2
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 20
Idaho Public Utilities Commission
Office of tile Secretary
ACCEPTED FOR FILING
OCT 9 - 2000
ORIGINAL
COMM SOUTH COMPANIES, INc.
Boise, Idaho
(Acceptance Stamp)
SECTION 4 - SERVICES
4.1 SERVICE OFFERINGS
1.1 Prepaid Long Distance Service
Prepaid Long Distance Service provides an outbound voice grade communications service for
calls charged to the Customer s account. The Service allows Customers to place direct-dialed
interexchange calls to terminating locations from their home telephone. All calls must be charged
against an account that has a sufficient available balance. At the point in which only 30 seconds
of service remain, an audible signal will be given to the user to alert them only so much time is left
for long distance service. The Customer may increase the available minutes of use by making
additional incremental payments.
1.2 Prepaid Card Service
Prepaid Card Service provides an outbound voice grade communications service for calls charged
to a Prepaid Card. Prepaid Card Service allows Customers to place direct-dialed interexchange
calls to terminating locations by dialing a Customer-provided access number and a Customer-
provided authorization number.
All calls must be charged against an Prepaid Card that has a sufficient available balance. The
Customer will be notified in advance of the exhaustion of the card via an interactive voice prompt.
The following types of calls may not be completed with the Prepaid Card Service:
- Calls to 700 numbers
- Calls to toll free numbers
- Calls to 900 numbers
- Directory Assistance calls
- All Operator Service calls
- Busy Line Verification and Interrupt Service
- Calls requiring the quotation of time and charges
- Air-to-Ground calls
Except as may be specifically referenced therein, calls made using Prepaid Card Services are not
included in any other Carrier services or promotions.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 21
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 ,- 2000
ORIGINAL
COMM SOUTH COMPANIES, INC.
Boise, Idaho
(Acceptance Stamp)
SERVICE OFFERINGS (continued)
1.2 Prepaid Card Service continued)
The number of available Prepaid Cards is subject to technical limitations. Such cards will be
offered to Customers on a fIrst come, first served basis. Prepaid Cards are available in various
unit denominations as determined by the Carrier. Prepaid Cards will be sold at prices rounded to
the nearest cent. The Prepaid Card Service rate does not include federal excise tax or those state
and local taxes which are required to be paid at the point of sale. The tariffed rate does include
those state and local taxes which are required to be paid on the usage of the underlying
telecommunications service when that service originates and terminates within a particular tax
jurisdiction.
1.3 Directory Assistance Service
Directory Assistance Service is available for domestic calling only to Customers who dial 1 +
(NPA) + 555-1212 from lines presubscribed to Carrier. Up to two requests for numbers may be
made on each call to Directory Assistance. A charge will apply whether or not the Directory
Assistance bureau furnishes the requested telephone number(s). Directory Assistance Service is
provided only where facilities and billing capabilities permit.
SPECIAL PRICING ARRANGEMENTS - INDIVIDUAL CASE BASIS (ICB)
In lieu of the rates otherwise set forth in this Tariff, rates and charges, including installation, special
construction, and recurring charges, may be established at negotiated rates on an ICB , taking into account
such factors as the nature of the facilities and services, the costs of construction and operation, the volume
of traffic commitment, and the length of service commitment by the Customer, as long as the rates and
charges are not less than Carrier s costs of providing the service. Such arrangements shall be considered
special pricing arrangements, the terms of which will be set forth in individual contracts or Customer term
agreements. Specialized pricing arrangement rates or charges will be made available to similarly-situated
Customers on comparable terms and conditions. Upon reasonable request, Carrier will make the terms of
these contracts available to the Commission and its staff for review on a confidential and proprietary basis.
The rates will be made a part of this Tariff.
PROMOTIONS
Carrier may, from time to time, engage in national and/or intrastate promotional offerings or trials
designed to attract new Customers, to stimulate Customer usage, to test potential new services, and/or to
increase existing Customer awareness of Carrier services. These offerings may be limited to certain
services, dates, times of day and/or locations determined by Carrier. National offerings, the terms of which
are set forth in the applicable interstate tariffs governing such programs, may include without limitations
discounts, redeemable points, or cash rewards to Customers. Such promotions will be offered subject to
approval by the Commission and made part of this Tariff.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228
PAGE 22
ORIGINAL
COMM SOUTH COMPANIES, INC.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
OCT 9 ,- 2000
Boise, Idaho
(Acceptance Stamp)
SECTION 5 - RATES AND CHARGES
SERVICE OFFERINGS
1.1 Prepaid Long Distance Service
Price Per Unit
(measured in one minute increments)
1.2 Prepaid Card Service
Price Per Unit
(measured in one minute increments)$.25
1.3 Directory Assistance Service
Rate per directory assistance call:$1.50
OPERATOR SERVICE CHARGES
Call Placement Charge
Or Connection Fee
Station-to-Station $3.
Person-to-Person $4.
Collect Station-to-Station $3.
Collect Person-to-Person $4.
Third-Party Billing
Station-to-Station
Person-to- Person
$3.
$4.
Operator-Dialed Surcharge $1.15
RETURNED CHECK CHARGES
Carrier will bill Customer a one-time charge of $20.00 if Customer s check for payment of service is
returned for insufficient or uncollected funds, closed accounts, or any other insufficiency or discrepancy
necessitating return of the check at the discretion of the drawee bank or other fmancial institution.
Issued: 9/26/00 Effective: 10/9/00
By:
Larry Long, President
2909 N. Buckner Boulevard, Suite 800
Dallas Texas 75228