20060213Application.pdf

COMTEL TELCOM ASSETS LP
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January 5, 2006
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VIA OVERNIGHT DELIVERY
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83702
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Re:Application for a Certificate of Public Convenience and Necessity
Dear Ms. Jewell:
Transmitted herewith on behalf of Comtel Telcom Assets LP ("Comtel") are seven (7)
copies of this response to a request for clarification from the Idaho Public Utilities Commission
Commission ) concerning the Company s Application for a Certificate of Public Convenience
and Necessity ("CPCN") to Provide Competitive Local Exchange Telecommunications Services.
In lieu of the Commission issuing a new CPCN to Comtel, Comtel requests that CPCN
Number 399 issued to VarTec Telecom, Inc. under case number GNR-01-, which
authorized VarTec Telecom, Inc. to provide facilities-based and resold local exchange services
be transferred to Comtel Telcom Assets LP. Comtel also requests that with the transfer of this
certificate, the Commission authorize Comtel to provide local exchange services under its
corporate name as well as the trade names of VarTec Telecom, Excel Telecommunications
VarTec Solutions and Clear Choice Communications. Further, Comtel respectfully requests that
the documentation provided in Comtel's initial filing for a new CPCN be utilized to qualify
Comtel for this transfer.
Acknowledgment and date of receipt of this supplemental response are respectfully
requested: Please date and file stamp the attached copy of this correspondence and return it in
the enclosed pre-addressed, postage-prepaid envelope. Please direct all correspondence
regarding this filing to Doug Nickles directly at [phone] or dnickles~vartec.net. Comtel
sincerely appreciates your time and consideration in reviewing this matter.
Respectfully subm,itted
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Lee Ann Wilson
Assistant Secretary
Enclosures
cc:Jeffrey Marks, Jessica Hafer, Counsel for Comtel Telcom Assets LP
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YarTec Telecom, Ine.
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December 13 2005
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VIA OVERNiGHT DELIVERY
Jean ,Je,wcll, Executive Secretary
Idaho Public Utillties Commission
472 West V/ashil1gton
Boise , Idaho ~3702
Re:Application for a Certificate of Public Convenience and Necessity
!'::om ) Telcom Assets LP
Joint Notice of Asset Transfer
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O1TItel Jelcom Assets L
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~ith Vartec T lecol11 ~D~:-'__nJ:::i~~.
~L:le~9rrulillni ions, Inc,and V arT ec l'orn !ill , I
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Trnl1s.rn.itted herewith on behalf of Com tel Telcom Assets LP CConlte1") ~mlV3rTe'C
T::--Iecnm, 1r.(:" Excl;l Telecommunications, Inc. and VarTec Solution::;, Inc. (together, the
V:nTec ::::ompanie~arr::: an original and seven (7) copies of Coll1kl'::;. applj;:;ationto
provide basi!,; k~cal e.\change and interexchange services, and a joint Hotict: regarding a
propGsd:ransier of assets. These filings are made simultaneously for the Comrilission
ease of revie's. Comtel requests the Commission s authorization to offer lo';;(ilexchange
and i1\tcrcxcJ~iw'lg:: services due to its pending agreement to assume substantially all of the
V;:.ll"Tf:C Compa.l'1ies ' assets, including the operations related to the provision. lie local
excilangc sc;-v:ces in Idaho,
Enclu:;td with these documents are an original and seven (7) copies of Comtel'
r"'-quesl tfJf confidentiality and protection of trade secrets regarding the ,financial
qualifications provided with Comtel's application , as well as an envelope t:ontainingthe
material for this request.
Acknowledgment and date of receipt of these filings are respectfully requested,
Please date and file stamp the attached copy of this correspondence and return it in the
2440 Marsh Lane
Carrollton, Texas 75006
enclosed pre-addressed, postage-prepaid envelope. Please direct all correspondence
regarding these filings to the undersigned directly at [phone], the below-referenced
address or dnickles~vartec.net.The Companies sincerely appreciate your time and
consideration in reviewing this matter.
Respectfully submitted
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Doug Nickles
Regulatory Analyst II
Enclosures
cc:Jeffrey Marks, Jessica Hafer, Counsel for Comtel Telcom Assets
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Becky Gipson
2440 Marsh Lane
Carrollton, Texas 75006-2290
Telephone: [phone]
Facsimile: [phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
Comtel Telcom Assets LP Case No,
For a Certificate of Public Convenience
and Necessity to Provide Local Exchange
Services
APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Comtel Telcom Assets LP ("Comtel" or "Applicant"), pursuant to Idaho Code ~~61-526
528 , IDAPA 31.01.01.111 , and Procedural Order No, 26665, hereby applies to the Idaho Public
Utilities Commission for a Certificate of Public Convenience and Necessity authorizing
Applicant to operate as a provider of facilities-based and resold local exchange and
interexchange telecommunications services within the State of Idaho,In support of its
application, Comtel provides the following information.
Proposed Services
Comtel seeks authority to provide both facilities-based and resold local exchange and
exchange access telecommunications services to and from all points in the State of
Idaho, The Applicant does not currently provide nor does it have a history of
providing telecommunications services within the state of Idaho. Although initially
Comtel may provide facilities-based local services only, Applicant requests authority
to provide the full range of local exchange services to permit flexibility in its service
offerings. Comtel's telecommunications services will be available on a full-time
basis, 24 hours a day, seven days a week.
Applicant will primarily market to residential customers, However, Comtel's local
exchange services may include, but will not be limited to, the following: (1) basic
residential and business local exchange services (flat rate service, operator access
etc,); (2) residential and business customer and class features (call waiting, caller ID
call forwarding, etc.); (3) residential and business ancillary services (911 , directory
assistance, etc,); (4) private line services; (5) data transmission services; and (6)
exchange access services,In addition, Applicant will offer interexchange
telecommunications services to business and residential customers in the State of
Idaho on an unregulated basis.Applicant proposes to offer "bundled"
telecommunications service packages, which include local exchange service, long
distance and call management services (e,g" call waiting, caller identification), By
combining local exchange service with other telecommunications and non-
telecommunications services, Applicant intends to offer more beneficial and
competitive services to increase competition within the state,
Comtel has no immediate plans for constructing facilities in the State of Idaho,
However, Applicant does intend to provide facilities-based services utilizing the
functional equivalent of the unbundled network elements platform ("UNE- P") of the
incumbent local exchange carriers, Therefore, Comtel seeks authority to provide both
facilities-based and resold services throughout the State of Idaho so that it may lease
facilities (including UNEs) in connection with its provision of service in Idaho and so
that it may expand its operations as market conditions warrant and as such areas
become open to competition, Comtel' s marketing practices will comply with all
Commission rules and anti-slamming regulations, The Applicant may utilize direct
mail and other forms of marketing such as direct sales, Comtel will comply with all
state and federal rules and regulations regarding marketing practices, including
verification requirements for carrier changes,In addition, Applicant intends to
market these telecommunications services under the trade names VarTec Telecom
Excel Telecommunications and VarTec Solutions,
II.Form of Business
Comtel Telcom Assets LP
c/o Paul Winters
500 Boylston Street, 17th Floor
Boston, Massachusetts, 02116Telephone: [phone]Facsimile: [phone]
Comtel is a limited partnership organized under the laws of the state of Texas.
Applicant has attached as Exhibit A its Certificate of Filing with the Secretary of
State of Texas and attached Comtel's corporate organizational chart as Exhibit B.
Applicant's business partners are as follows:
General Partner
Comtel Assets, Inc,
500 Boylston Street tb Floor
Boston, Massachusetts 02116
Limited Partner
Comtel Assets Corp,
500 Boylston Street tb Floor
Boston, Massachusetts 02116
III.
Applicant's Certificate of Registration with the State of Idaho Office ofthe Secretary
of State is attached as Exhibit C , Comtel' s registered agent within the State of Idaho
is as follows:
National Corporate Research, Ltd,
5481 Kendall Street
Boise, Idaho 83706
Applicant has attached the names and addresses of its officers as Exhibit D
Subsidiaries owned or controlled by applicant are listed below,
Comtel Vire:inia. LP
Upon consummation of the proposed transaction, it is anticipated that Comtel
Virginia, LP, a Virginia limited partnership and wholly owned subsidiary of Comtel
will provide intrastate telecommunications services in the Commonwealth of Virginia
only, Comtel Virginia, LP was created to satisfy the requirement that only Virginia-
organized entities can be certificated to provide intrastate telecommunications
services in the Commonwealth of Virginia,
Telecommunications Services
Comtel intends to offer local exchange and interexchange services within the state of
Idaho upon consummation of an asset transfer between the Applicant and VarTec
Telecom, Inc, Excel Telecommunications, Inc, and VarTec Solutions, Inc, (the
VarTec Companies Due to the complexity of this transfer and the required
regulatory filings, an exact date is not known; however, Applicant expects
consummation of the transfer within the first or second quarters of2006,
IV.
VI.
VII.
Service Territory
Comtel intends to serve as a competitor of local service in the existing service areas
of Qwest. Applicant does not plan to provide local exchange service in the service
areas of Idaho incumbent LECs that qualify for the rural exemption pursuant to 9
251(f) of the Federal Telecommunications Act of 1996, However, Comtel seeks
statewide local exchange authority, so that it may expand its service areas as market
conditions warrant and as additional service areas become open to competition,
Financial Information
Comtel has attached as Exhibit E its most recent unaudited financial statements, As
demonstrated in Exhibit E, Comtel has the requisite financial ability to acquire the
VarTec Companies assets and become a strong competitor in the Idaho
telecommunications marketplace, As a privately held company, Comtel respectfully
requests that the Commission protect Exhibit E of the Application from public
inspection, and as a result, Comtel has included with this Application as Exhibit F
Request for Protection of Information Designated as Trade Secrets for the
Commission s review and approval.
Illustrative Tariff Filing
Comtel has attached its proposed local telecommunications service tariff as Exhibit
Customer Contacts
The employee anticipated to have overall responsibility for customer service and
quality of service is as follows:
Keith Henderson
Vice President of Customer Care and Provisioning
2440 Marsh lane
Carrollton, Texas 75006
[phone]
Comtel plans to maintain toll free customer service telephone numbers acquired
through an asset purchase agreement with the VarTec Companies, These toll free
telephone numbers are listed below,
VarTec Telecom Local Customer Service:
VarTec Telecom Long Distance Customer Service:
Clear Choice Communications Customer Service:
Excel Telecommunications Local Customer Service:
Excel Telecommunications Long Distance Customer Service:
VarTec Solutions Customer Service:
[phone]
[phone]
[phone]
[phone]
[phone]
[phone]
The employee anticipated to have overall responsibility for regulatory affairs is:
Becky Gipson
2440 Marsh Lane
Carrollton, Texas 75006
Telephone:[phone]
Facsimile: [phone]
E-mail: bgipson~vartec.net
VIII. Interconnection Agreements
The interconnection and other network agreements currently allowing the VarTec
Companies to provide local exchange and/or interexchange services will be
transferred to Comtel, as necessary, to continue the Applicants' efforts to make a
smooth transition for customers,
IX.Compliance with Commission Rules
Applicant has attached a statement of review of and compliance with Commission
rules as Exhibit H,
Escrow Account or Security Bond
Comtel does not anticipate requiring advanced deposits of Idaho customers, If this
policy changes and prior to requiring advance deposits from Idaho customers, Comtel
XI.
will enter into an escrow agreement with a bonded escrow agent and will file a copy
of its escrow agreement upon the Commission s request.
Conclusion
The Applicant submits that the information provided herein demonstrates that the
public interest, convenience and necessity would be served by the grant of this
Application,Therefore, the Applicant respectfully request that the Commission
approve this Application all other relief as necessary and appropriate to grant
Comtel's request for a Certificate of Public Convenience and Necessity authorizing
the Applicant to provide resold and facilities based local exchange and interexchange
telecommunications services within the state of Idaho,
Respectfully submitted
COMTEL TELCOM ASSETS LP
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Lee Ann Wilson
Assistant Secretary
Comtel Te1com Assets LP
c/o Sowood Capital Management LP
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]
e-mail: leeann,wilson~sowood,com
By:
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Date
EXHIBIT A
COMTEL TELCOM ASSETS LP
CERTIFICATE OF FILING
Corporations Section
Box 13697
Austin, Texas 78711-3697
Roger Williams
Secretary of State
Office of the Secretary of State
CERTIFICATE OF FILING
Comtel Telcom Assets LP
Filing Number: 800523585
The undersigned, as Secretary of State of Texas, hereby certifies that a certificate of limited partnership
for the above named limited partnership has been received in this office and filed as provided by law on
the date shown below.
Accordingly, the undersigned as Secretary of State hereby issues this certificate evidencing the filing in
this office.
Dated: 07/26/2005
Effective: 07/26/2005
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Roger Williams
Secretary of State
Phone: [phone]
Prepared by: Virginia Tobias
Come visit us on the internet at http://www,sos,state,tx,usI
Fax: [phone] TrY: 7-
Document: 98724040002
FROM (TUE) 7. 26' 05 : 4: 05/ST, 14: 04/NO. 4864937 n e ceo e
Secretary of State of Te
JUL 2 6 2005 I
CoIporations Sectio~
CERTIFICA TB 01" LIMITED PARTNERSHIP
COMTEL TELCOM ASSETS LP
Name ofPartnenhip:
Name and Address ofRcgistered
Agent and Office:
Address of PrinciPal Office:
Oononl Putncr:
Name:
Mailing Address:
Comtel relearn Assets LP
N81:ianal Curporat~ Research. Ltd.
800 Brazos, Suite 11 00
Austin, Te3CU 18701 .
600 Travis. Suite 2775
HoUSton. Tuu 77002
Comtel Assets Inc.
600 Travis) Suite; 2775
Houston. TCX8A 77002
EXECUTED on the 26th day of July, 2005.
GBNERAL PARTNER:
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COMTEL ASSETS INC.
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EXHIBIT B
COMTEL TELCOM ASSETS LP
CORPORATE ORGANIZATIONAL CHART
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tate of Idah
I. Office of the
Secretary of State
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I, BEN YSURSA, s~~,r.~ta~;Q~:,
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~9fJh~.~!at~~f'ld~ho, hereby certify that I
am the custodian of th.~iihlb~d 'pa~~Ii!p:~'c?I'?~'oi fDis $fate.
I FURTHER CERTIFY T!1~n the anp~xed is 'a~lu.lt..ifue ~nd complete duplicate of
the application for registr&ti'~ ,c:ifqr~rgh.tirrifted partr1~~niP COMTEL TELCOM
' '
ASSETS LP, a TEXAS litrii~dp-~rt~r~~.ip~::reC~i~~d aEfd1i~p in office on 2
September 2005 und~f the: file numb~f'L 5,1 1.:7 ,~inclu.ciin9 any flmendments filed
thereto, as appear$ Qfr~Gor~'U:1 thisOtiiC~..~s.oHhis:date.
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Dated: 7 September 2005"
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SECRETARY OF STATE
Col'J?OIations Section
Box 13697
Austin, Texas 78711-3697
Roger Williams
Secretary of State
Office of the Secretary of State
The undersigned., as Secretary of State of Texas, does hereby certify that the document, Certificate ofLimited Pannership for Comtel Telcom Assets LP (filing number: 800523585), a Domestic LimitedPartnership (LP), was filed in this office 00 July 26 2005.
It is further certified that tbe entity status in Texas is in existence.
In testimony whereot: I ba.ve hereunto signed my name
officially and caused tQ be jmpressed hereoo the Seal of0, ..
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StareaHny 6ffice ill :AUStin:-rexasoIf1Urgust 6:-2005~"-----
Roger Williams
Secretary of State
Phone: [phone]
Prepared by:' SOS-WEB
Come visit us 00 the internet at http://www.sos.stlte.tx.usI
Fax: [phone] TrY: 7-
Docwnent: 100676440003
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231
APPLICATION FOR REGISTRATION OF
FOREIGN LIMITED PARTNERSHIP
(Instructions on back of application)
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To the Secretary of State of Idaho:
Pursuant to the Chapter 2, Title 53, Idaho Code, the undersigned Limited Partnership hereby applies for
registration to transact business in Idaho, and for that purpose submits the following statement
1. The name of the nmited partnership is:
Corntel Telcom Assets LP
2, The name which it shall use in Idaho is:
Corntel Telcorn Assets LP
3. II was organized under the laws of Texas
organized is 600 Travis
4. The address of its registered or principal office in the state or country under the laws of which it is
7/26/05
Houston
5. The name and street address of its proposed registered agent in Idaho are:
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- National Cor orate Research, Ltd.
5481 Kendall Street Boise
77002
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83706
6. The address at which a list of the names, addresses and contributions of the limited partners is kept is
500 Bo lston St., 17th Fl.
Boston 02116
(The limited partnership agrees to keep the list until its registration Is cancelled orwi!hdrdwn,
7. The name and business addreQi of each general partner are:
Name
Comtel Assets Inc.600 Travis, Houston, TX 77002
Address
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Dated August 31 , 2005
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TYP.dNam Megan Kellel1er
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SecrelatY of Stale use only
IDAHO SECRETARY OF STATE99/92/2885 as - 89CK: 36861 CT: 1154 BH: 9897511 , 188.88 = 188.00 REG FOR LP I 41 I! 28.88 = 28.88 EXPEDITE C i 5
EXHIBIT D
COMTEL TELCOM ASSETS LP
LIST OF OFFICERS
COMTEL TELCOM ASSETS
OFFICER LIST
Chairman Stu Porter
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
President Bill Zartler
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Vice President Rick Dowd
500 Boylston Street, 17th Floor
Boston, Massachusetts 02116
Vice President John Collins
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Secretary Megan Kelleher
500 Boylston Street, 17th Floor
Boston, Massachusetts 02116
Assistant Secretary Paul Winters
500 Boylston Street, 17th Floor
Boston, Massachusetts 02116
Assistant Secretary Lee Ann Wilson
500 Boylston Street, 17th Floor
Boston, MassachllHetts 02.116
EXHIBIT E
COMTEL TELCOM ASSETS LP
FINANCIAL QUALIFICATIONS
(Exhibit E allegedly contains trade secrets and is separately filed.
EXHIBIT F
COMTEL TELCOM ASSETS LP
REQUEST FOR PROTECTION OF INFORMATION
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the matter of the Application of
Services
Docket No,COMTEL TELCOM ASSETS LP
for a Certificate of Public Convenience
and Necessity to provide Local Exchange
REQUEST FOR PROTECTION OF INFORMATION
DESIGNATED AS TRADE SECRETS
Concurrently with the filing of this Request, Comtel Telcom Assets LP ("Comtel" or
Applicant") has submitted an Application for a Certificate of Public Convenience and Necessity
to provide local exchange services within the state of Idaho pursuant to the rules and regulations
of the Idaho Public Utilities Commission ("Commission ), By this Request, Comtel respectfully
requests that the Commission accept Exhibit E of the Application, which contains the financial
statements submitted by Comtel, under seal and designate Exhibit E as trade secrets of the
Applicant, pursuant to Section 9-340D, Idaho Code.
Exhibit E of the Application has been submitted to confirm that Comtel has the requisite
financial ability to provide and maintain the services that Comtel intends to provide in Idaho,
a privately held company, Comtel respectfully requests that the Commission protect Exhibit E
the Application from public inspection as public disclosure of its contents would place Comtel at
an unfair business disadvantage, Comtel also requests that the Commission withhold from
public inspection Exhibit E to the Application due to its proprietary nature. The information
contained in the financial statements is only disclosed to banks, financial institutions and others
on a need to know basis, and when such information is disclosed to them, it is done on a
confidential basis. Making this information available would reveal information to the public and
Comtel's competitors which would allow them to know Comtel's cash position , liabilities and
other data which Comtel does not wish to disclose without a protective order, The Commission
routinely protects the financial information of private companies from public disclosure in
applications of this nature.
Wherefore, Comtel respectfully requests that its Request for Confidentiality and
Protection of Proprietary Information be granted.
Respectfully submitted
COMTEL TELCOM ASSETS
ck::r/ By:
Lee Ann Wilson
Assistant Secretary
c/o Sowood Capital Management LP
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]
e-mail: leeann.wilson~sowood.com
'2 It (0
Date
EXHIBIT G
COMTEL TELCOM ASSETS LP
PROPOSED LOCAL TELECOMMUNICATIONS TARIFF
Page Title
Original
Comtel Telcom Assets LP (Acceptance Stamp)
TITLE PAGE
IDAHO LOCAL TELECOMMUNICATIONS TARIFF
This tariff contains the description and regulations applicable to the furnishing of Local Exchange Services
provided by Comtel Te1com Assets LP with principal offices at c/o Paul Winters, 500 Boylston Street, l7tli
Floor, Boston, Massachusetts 02116. This tariff applies to Local Exchange Services furnished within the
state ofIdaho, This tariff is on file with the Idaho Public Utilities Commission, where copies may be
inspected, during normal business hours,
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
The name, address and telephone number for the person who is responsible for providing information with
respect to the operating procedures of Comtel Telcom Assets LP are listed below,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
CHECK SHEET
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* New or Revised
ISSUED:December 13,2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 2
Original
Comtel Telcom Assets LP (Acceptance Stamp)
TABLE OF CONTENTS
SECTION PAGETitle Page TitleCheck Sheet
Table of Contents ,.., 2Tariff Format
, , ,
Application of Tariff . 7
1.0 Definitions 1.1 Definitions of Terms Glossary of Acronyms Rules and Regulations 2.1 Undertaking of Company
1.1 General 1.2 Scope
1.3 Limitations
1.4 Terms and Conditions
1.5 Liability of the Company Notification of Service , 24
1.7 Provision of Equipment and Facilities ,
1.8 Non-Routine Installation ,
1.9 Ownership of Facilities .1.10 Special Construction . 26Prohibited Uses , 272.2
ISSUED:December 13,2005
By:
EFFECTIVE:January 23, 2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 3
Original
Comtel Telcom Assets LP
SECTION
2.4
(Acceptance Stamp)
TABLE OF CONTENTS (Continued)
PAGE
Discontinuance and Restoration of Service, , , , , , , , , . , . . , , , , . . , , . , , , , , , , 28
Intentional Abuse of Service "
,........"
Disconnection of Service for Cause, , , , , , , , , , ,
, , , , , , . , , . . . . . , , , .
3.3 Restoration of Service "
.,.",.,......,..
Customer Obligations and Liability "
......"
Claims .,."
,.",....,.".............",."
CustomerEquipmentanChannels...."
....",."
1 InterconnectionofPacilities"
...........,.."
Customer Responsibility ."
,."............."
Inspections "
,...."
Payments and Charges "
,."...,..".,,
8.1 Payment for Service "
............",..,,
Alternative Payment Processing, , , , , , , , , , , , , , , , , , . . . . . . . 36
Taxes "
,........"........",.",."
Establishment and Re-establishment of Credit "
,.",.,....,
8.4 BillingandCollection "
.,.".....,.,
BillingDisputes "
......."
6 LatePaymentFee"
.,......."
7 Multi-brand and Affiliate Credit and Collections Practices, , . , , , , , , , , 39
Cancellation, Discontinuance and Changes, , , , , , . , , . . . . . . . . . , , , , , , , , , , , 40
Cancellation of Application for Service, , , . . . . . , . . , .
, , , , , , , , , , , , ,
9.2 Cancellation of Service "
,..........."
Discontinuance of Service "
,.......".."
9.4 Changes in Service"
,...."....."
Credit Allowance-Directory Listings"
,.,..". .
Allowances for Interruptions in Service , . , , , , , , , , , , , , , , , , , , , , , , , , , . . , , 45
11,1 LimitationsonAllowances ....,."
ISSUED: December 13, 2005
By:
EFFECTIVE:January 23, 2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 4
anginal
Comtel Telcom Assets LP
SECTION
2.14
(Acceptance Stamp)
T ABLE OF CONTENTS (Continued)
PAGE
TransfersandAssignments "
,..,................,."
NoticesandCommunications "
,.,...,..,.................."
Violation of Regulations "
,....."..................,.
Service Descriptions "
,..."....,."..",......
3.2
3.3
3.4
ISSUED:
By:
General"
,.",....",.".......
Service Areas and Zones ....."
,.."........
BasicResidentialLocaIService.,....,.."
,.......,......"
3.2,Additional Line Service "
,.......",............."
CallManagementFeatures"
.........,.........,..."
3.3,Auto Redial "
..............,.."
3.2 Call Forwarding ..,."
,.,......"
3 CallForwarding-BusyLine "
..".,..,,
3.4 CallForwarding-NoAnswer "
,.....,
Call Forwarding - Busy Line/No Answer , , , , , , , . . . , . . . . . . . . . . . . . 55
3.3,Selective Call Forwarding ,........"
.............,."
Selective Call Rejection"
..,....,.......,..".,."., ",..
3.3.8 CallWaiting."
,.........."
3.3.9 CallerID-NumberOnly "
..,.,.."
10 CallerID-Name&Number "
,.,.."
3.3,11 Speed Calling ,......."
12 Three-WayCalling...."
,,,
13 Anonymous Call Rejection "
14 CallWaitingID ........"
15 Auto Call Return ....."
DirectoryListings"
......"..."
3.4.1 Non-PublishedService"
.,.,..,.,."
3.4.2 Non-ListedService "
.,....".....",.."
3.4.3 ResidentialAdditionalListings ."
,........."..,.,..
December 13, 2005 EFFECTIVE:January 23, 2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 5
Original
Comtel Telcom Assets
PAGE
OperatorAssistanceServices"
,...."
1 BusyLineVerification"
,.....,"
BusyLineInterrupt "
,....."
3 CallTrace"
,.",.",.,....,.
5.4 LocaIOperatorServices"
.."......"..."
Service Order Charges "
,.".."..",....,.
DirectoryAssistance "
.,.",.,....."
7.1 Directory Assistance Call Completion, , , , , , , , , , , , , , , , , , . . . . , , , , , 69
RateSchedules"
......,...."...."
1 General..................."
.,..."
4.2 Basic Residential Local Service - Rates and Charges , . . . . . , , . . , , , , , , , , , , , 70
4.2,Additional Line Service - Rates and Charges . . . , . . . . . . , , , , , , , . . . , 70
Call Management Features - Rates and Charges , . . . . . , , , , . . , , , , , , , , , . . . . 71
Service Order Charges - Rates and Charges , , , , , , , , , , , , , , , , , , , , , , . . , , , , 72
OperatorAssistance-RatesandCharges "
,.."
Directory Listings and Directory Assistance - Rates and Charge . . . , , , , , , , , , 74
Alternative Payment Processing Fees "
,."...."..."
SECTION
4.4
ISSUED:
By:
(Acceptance Stamp)
T ABLE OF CONTENTS (Continued)
December 13, 2005 EFFECTIVE:January 23, 2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 6
Original
Comtel Telcom Assets LP (Acceptance Stamp)
TARIFF FORMAT
Page Numbering - Page numbers appear in the upper right hand corner of the page, Pages are numbered
sequentially and from time to time new pages may be added to the tariff. When a new page is added
between existing pages, a decimal is added to the preceding page number, For example, a new page
added between Pages 3 and 4 would be numbered 3,
Explanation of Symbols - When changes are made in any tariff page, a revised page will be issued
canceling the tariff page affected, Changes will be identified on the revised page( s) through the use of the
following symbols:
(C)to signify changed regulation.
(D)to signify discontinued rate, regulation, or text.
(I)to signify increased rates,
(M)to signify material relocated from one leaf to another without change,
(N)to signify new rate, regulation, or text,
(R)to signify reduced rate,
(S)to signify reissued material.
(T)to signify a change in text, but no change in rate or regulation,
(Z)to signify a correction,
In addition to symbols for changes, each changed provision in the tariff shall contain a vertical line in the
right hand margin of the page which clearly shows the exact number of lines being changed,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 7
Original
Comtel Telcom Assets LP (Acceptance Stamp)
APPLICATION OF TARIFF
This tariff applies to the furnishing of Local Exchange Services, as defined herein, by CT A, Local
Exchange Services are furnished for the use of Customers in placing andlorreceiving local telephone calls
within the Local Service Area as defined herein, Services, features and functions will be provided where
facilities, including but not limited to, billing capability, technical capability and the ability ofCT A to
purchase service elements from appropriate tariffs for resale are available,
The provision of Local Exchange Services is subject to existing regulations and terms and conditions
specified in this tariff and CT A's current tariffs, and may be revised, added to or supplemented by
superceding issues.
CT A reserves the right to offer its Customers a variety of competitive services as deemed appropriate by
CTA.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 8
Original
Comtel Telcom Assets LP (Acceptance Stamp)
1.0 DEFINITIONS
1.1 Definitions of Terms
Account - A Customer record relating to service or equipment billed to a single telephone
number, Service may be provided to one premises or may extend to another premises as
long as it is part ofthe main telephone number,
Building - The term "same building" is to be interpreted to mean a structure under one
roof, or two or more structures on the same premises which are connected by a covered
passageway in which the wires or cables of the telephone company may be placed without
exposure to outside electrical circuits or the weather, In no case can conduit be
consideredasacoveredpassageway, The term "same building" does not include those
buildings connected by a covered public mall.
Central Office - A common carrier switching center in which trunks and loops are
terminated and switched,
Collect Call - Denotes a billing arrangement by which the charge for a message may be
reversed provided the charge is accepted at the called service point, A collect call may
be billed to a Calling Card or third number, If the called service point is identified as a Pay
Telephone, the charges must be billed to a Calling Card or third number,
Communications System - Channels and other facilities which are capable, when not
connected to the Telecommunications Network, of two-way communications between
terminal equipment.
Company or Carrier - Comtel T elcom Assets LP unless otherwise clearly indicated by
the context.
Construction Charge - A separate initial charge made for construction of pole lines
circuits, facilities, etc., in excess ofthat contemplated under the rates quoted herein,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 9
Original
Comtel Telcom Assets (Acceptance Stamp)
1.0 DEFINITIONS (Continued)
1.1 Definitions of Terms (Continued)
Customer - The person, firm, corporation or other entity which initiates a call on CT A'
network, or accepts billing for the call on CTA's network, subject to the terms and
conditions of CT A's tariff regulations,
Demarcation Point - The point of demarcation and/or interconnection between a
telecommunication provider s facilities and terminal equipment, protective apparatus or
wiring at a subscriber s premises, Telephone company installed facilities at/or constituting
the demarcation point shall consist of wire and/or ajack conforming to Sub-part F of Part
68 ofthe Federal Communications Commission s rules.
Directory Listing - The publication in the white pages telephone directory ofinformation
relative to the Customer s assigned telephone number, by which telephone users are
enabled to ascertain the telephone number of a desired individual or business.
Equipment Space - An area or areas, agreed upon by the parties, located on or within
a structure that is specifically designated for the purpose of terminating regulated telephone
services and housing facilities, The necessary security, lighting, commercial power and
environmental controls are provided within this area,
Exchange - A telephone system which provides for service within a specified area known
as the "Exchange Area,
Installation Charge - An initial and non-recurring charge made under certain conditions
covering the cost or portion of the cost of the work of connecting and furnishing telephone
servIce.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
1.0 DEFINITIONS (Continued)
1.1 Definitions of Terms (Continued)
InterLATA - Calls or circuits between different Local Access and Transport Areas,
IntraLA T A - Calls or circuits totally within the same Local Access and Transport Area,
Jurisdiction - A geographic area meeting each of the following conditions: presided over
by the same regulatory body, within the boundary of a single state and an area in which
CT A is authorized to provide service,
Local Access and Transport Area - A geographic area established for the
administration of telecommunications service, It encompasses designated local operating
telephone company exchanges which are grouped to serve common social economic and
miscellaneous purposes.
Local Exchange Service - Local telephone service provided by any individual
partnership, association, joint-stock company, trust, governmental entity or corporati n,
Local Service Area - The area within which service is furnished between stations without
charge other than the regular exchange service charge, whether the service is flat rated or
measured,
Network Control Signaling - The transmission of signals used in the telecommunications
system which performs functions such as supervision (control, status and charging signals),
address signaling (e., dialing), calling and called number identification, audible tone signals
(call progress signals indicating re-order or busy conditions, alerting, coin denominations
coin collect and coin return tones) to control the operation of switching machines in the
telecommunications system,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
1.0 DEFINITIONS (Continued)
1.1 Definitions of Terms (Continued)
Pay Telephone - The equipment placed by a Payphone Service Provider to facilitate the
provisioning of pay telephone service to the Customer, Such service is utilized by the use
of coins or alternative billing mechanisms,
Premises - All portions ofthe same building occupied by the same Customer, provided
that 1) the portions are not separated from each other by intervening offices, rooms or
suites not occupied by the Customers, or 2) the portions on different floors are contiguous
and that the portion on the upper floor is directly above the portion occupied on the lower
floor, All of the buildings occupied by the same Customer, provided that all of the
buildings are located on the same plot of ground and are not intersected by a public
highway (A public highway is considered to mean a vehicular thoroughfare which is
governmentally owned),
Station - The network control signaling unit, data set or other equipment at the
Customer s premises which enables the Customer to establish the communications
connections to effect communications through such connections, Denotes a termination of
an individual exchange line or PBX trunk provided in accordance with the provisions of
this tariff, in switching equipment located in an exchange foreign to the exchange in which
the Customer is located,
Subscriber - The person, firm, partnership, corporation, or other entity who designat~s
the Company as its prImary carrier for telecommunications servIce, Thus, the
Subscriber has a pre-existing business arrangement with the Company and is also a
customer,
Telecommunications Network - All facilities ofthe telephone company that are use
to provide its services,
Telephone Company - Comtel Telcom Assets LP
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
1.0 DEFINITIONS (Continued)
1.1 Definitions of Terms (Continued)
Subscriber - The person, fmn, partnership, corporation, or other entity who designates
the Company as its primary carrier for telecommunications service, Thus, the Subscriber
has a pre-existing business arrangement with the Company and is also a customer,
Telecommunications Network - All facilities of the telephone company that are used to
provide its services,
Telephone Company - Comtel Te1com Assets LP
Telephone Number - A designation assigned to a subscriber s station for convenience
in operating, Telephone numbers may include the name of a central office, which is termed
the "Central Office Designation,
Termination Charge - A charge made to a subscriber if the contract is terminated prior
to the expiration of the contract period.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
1.0 DEFINITIONS (Continued)
1.2 Glossary of Acronyms
Central Office
CPE -Customer Provided Equipment
CTA -Comtel Telcom Assets LP
DTMF -Dual Tone Multi-Frequency
ILEC -Incumbent Local Exchange Carrier
LEC -Local Exchange Carrier
LATA -Local Access and Transport Area
PBX -Private Branch Exchange
PIC Primary Interexchange Carrier
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets (Acceptance Stamp)
RULES AND REGULATIONS
Undertaking of Company
1.1 General
CT A undertakes to provide the services offered in this tariff according to the terms
and conditions and at the rates and charges specified herein.
The furnishing of Local Exchange Services consists of one-way or two-way
communication to or from a Demarcation Point on the Customer s premises and
another Demarcation Point within a Local Service Area as specified in Section 3
of this tariff,
Services, features and functions will be provided where facilities include, but are
not limited to, billing capability and technical capability and such capabilities are
available to CT A without unreasonable expense.
A month is considered to have thirty (30) days for the purpose of computing
charges in this tariff.
Some services listed in this tariff (e,g" interexchange services) are offered in
conjunction or association with services made available in CT A's Idaho P ,U ,
Telecommunications Services Tariff, For such services, the rules, regulations
terms and conditions detailed in CT A's interexchange tariff also apply,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.2 Scope
CT A undertakes to furnish Local Exchange Services within the state ofIdaho
under the terms and conditions of this tariff, Service is available twenty-four (24)
hours a day, seven (7) days a week. The Company adopts the exchange maps
and legal descriptions filed with the Commission by Q WES T listed in Section
1.1.
CT A 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, CT A assumes no responsibility for such other
servIce,
1.3 Limitations
CT A reserves the right to limit or allocate the use of existing facilities, or of
additional facilities offered by CT A when necessary because oflack of facilities or
due to some other cause beyond CTA's control.
The furnishing of service under this tariffis subject to availability on a continuing
basis of all necessary facilities from the ILECs or other providers to CT A for
resale,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.4 Terms and Conditions
Customers may be required to enter into written service orders which shall contain
or reference a specific description of the service ordered, the rates to be charged
the duration of the service, and the terms and conditions in this tariff, The
Customer may also be required to execute any other documents as may
reasonably be requested by CT A in connection with the provisioning of Local
Exchange Services.
At the expiration of any term specified in a service order, or in any extension
thereof, service shall continue on a month to month basis at the then current rates
unless terminated by either party pursuant to an executed contract between the
Customer and CT A or pursuant to Idaho Code, Any termination shall not relieve
the Customer of its obligation to pay any charges incurred under the service order
and this tariff prior to termination, The rights and obligations which by their nature
extend beyond the termination of the term of the service order shall survive such
termination,
This tariff shall be interpreted and governed by the laws of the state of Idaho,
Other telecommunications companies must not interfere with the right of any
person or entity to obtain service directly from CT A.
The Customer has no property right to the telephone number or any other number
designation associated with services furnished by CT A. CT A reserves the right
on sixty (60) days notice, to change such numbers, or the central office designation
associated with such numbers, or both, assigned to the Customer, whenever CT A
deems it necessary to do so in the conduct of its business,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
Liability of the Company
CT A shall not be liable for any act or omission of any entity furnishing to CT A or
CT A's Customers facilities or equipment used for or with the services CT A offers
or for the acts or omissions of other telecommunications companies or Local
Exchange Carriers,
With respect to any 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 tariff, CT A's liability, if any,
shall be limited as provided herein.
The liability of CT A for damages arising out of the furnishing of its services
including but not limited to, mistakes, omissions, interruptions, delays, or errors
other defects, or representations by CT A, or use of these services or damages
arising out of the failure to furnish the service whether caused by acts or omission
shall be limited to the extension of allowances for interruptions as set forth in
Section 2,11, The extension of such allowances for interruption shall be the sole
remedy of the Customer and the sole liability ofCT A. CT A will not be liable for
any direct, indirect, incidental, special, consequential, exemplary or punitive
damages to Customer as a result of any Company service, equipment or facilities
or the acts or omissions or negligence of CTA's employees or agents,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.5 Liability of the Company (Continued)
CT A shall not be liable for any defacement of or damage to Customer premises
resulting from the furnishing of services or equipment on such premises or the
installation or removal thereof, unless such defacement or damage is caused by
gross negligence or willful misconduct ofCTA's agents or employees. No agents
or employees of other telecommunications companies shall be deemed to be
agents or employees of CT A.
CT A shall not be liable for any delay or failure of performance or equipment due
to causes beyond its control, including but not limited to the following: acts of God
fire, flood, explosion or other catastrophes; law, order, regulation, direction, action
orrequest of the United States government or of any other government, including
state and local governments having or claimingjurisdiction over CT A or of any
department, agency, commission, bureau, corporation or other instrumentality of
anyone or more of 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,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.5 Liability of the Company (Continued)
CT A shall not be liable for any damages or losses due to the fault or negligence of
or any omission by, the Customer or due to the failure or malfunction of
Customer-provided equipment or facilities,
The Customer shall indemnify and hold CT A harmless from any and all loss
claims, demands, suits or other action, or any liability whatsoever, whether
suffered, made, instituted, or asserted by another party or person( s), and for any
loss, damage, or destruction of any property, whether owned by the 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 CT A. CT A reserves the right to require
each Customer to sign a service order acknowledging acceptance of the
provisions of this section as a condition precedent to such installations,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 20
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
Liability of the Company (Continued)
Notwithstanding the Customer s obligations as set forth in Section 2.4, CT A shall
be indemnified, defended, and held harmless by the Customer or by others
authorized by it to use the service against any claim, loss or damage arising from
Customer s use of services furnished under this tariff including:
(a)
(b)
claims for defamation, libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of trademark, trade name, or service mark
unfair competition, interference with, misappropriation or violation of any
contract, proprietary or creative right, or any other injury to any
proprietary or creative right, or any other injury to any person, property
or entity arising from the material, data, information or content, revealed
, transmitted, processed, handled or used by CT A under this tariff;
patent infringement claims arising from combining or connecting the service
offered by CT A with apparatus and systems of the Customer or others
and
(c)all other claims arising out of any act or omission of the Customer or
others in connection with any service provided by CT A pursuant to this
tariff,
The entire liability of CT A for any claim, loss, damage or expense from any cause
whatsoever shall in no event exceed sums actually paid to CT A by the Customer
for the specific services giving rise to the claim,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 21
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.5 Liability of the Company (Continued)
CT A makes no warranties or representations, express or implied, including
warranties of merchantability or fitness for a peculiar use, except those expressly
set forth herein.
CT A 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 CT A services,
The underlying service provider shall intercept all calls to a number listed
incorrectly in the telephone directory until a new directory is distributed or a
correction sheet is mailed to each Customer.
In conjunction with anon-published telephone number, CTA will not be liable for
failure or refusal to complete any call to such telephone when the call is not placed
by the number, CT A will try to prevent the disclosure of the number of such
telephone but will not be liable should such number be divulged.
When a Customer with a non-published telephone number places a call to the
Emergency 911 Service, CT A will release the name and address of the calling
party, where such information can be determined to the appropriate local
governmental authority responsible for the Emergency 911 Service upon request
of such governmental authority, By subscribing to service under this tariff
Customer acknowledges and agrees with the release of information as described
herein.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 22
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.5 Liability of the Company (Continued)
With respect to Emergency 911 Service, the following applies:
This service is offered as an aid in handling assistance calls in connection
with fire, police and other emergencies, CT A is not responsible for any
losses, claims, demands, suits or any liability whatsoever, whether
suffered, made, instituted or asserted by the Customer or by any other
party or person for any personal injury to or death of any person or
persons, and for any loss, damage or destruction of property, whether
owned by the Customer or others, caused or claimed to have been caused
by mistakes, omissions, interruptions, delays, errors or other defects in the
provision ofthis service or installation, operation, failure to operate
maintenance, removal, presence, condition, location or use of any
equipment and facilities furnishing this service,
Neither is CT A responsible for any infiingement or invasion of the right of
privacy of any person or persons, caused or claimed to have been caused
directly or indirectly, by the installation, operation, failure to operate
maintenance, occasion by the use of Emergency 911 service features and
the equipment associated therewith, or by any services furnished by CT A
including but not limited to, the identification of the telephone number
address or name associated wit the telephone used by the party or parties
accessing Emergency 911 service, and which arise out of the negligence
or other wrongful act ofCT A, the Customer, its Customers, agencies or
municipalities, or the employees or agents of anyone of these,
ISSUED:December 13,2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 23
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.5 Liability of the Company (Continued)
The included tarifflanguage does not constitute a determination by the CommissIOn
that a limitation ofliability imposed by the Company should be upheld in a court
oflaw, Acceptance for filing by the Commission recognizes that itis a court'
responsibility to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause,
ISSUED:December 13,2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 24
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.6 Notification of Service
CT A will provide the Customer reasonable notification, including the planned date
time and duration, of activities affecting service that may occur in normal operation
of its business, Such activities may include but are not limited to, equipment or
facilities additions, removals or rearrangements and routing and preventive
maintenance, Generally, such activities are not specific to an individual Customer
but affect many Customers ' services, CT A will work cooperatively with the
Customer to determine the reasonable notification requirements, With some
emergency or unplanned conditions affecting service, such as outage resulting from
cable damage, notification to the Customer may not be possible,
1.7 Provision of Equipment and Facilities
CT A shall use reasonable efforts to make services available to a Customer on or
before a particular date, subject to the provisions of and compliance by the
Customer with the regulations contained in this tariff. CT A does not guarantee
availability, except as stated or expressly provided for in this tariff,
CT A shall use reasonable efforts to maintain facilities that it furnishes to the
Customer, The Customer, or anyone designated by the Customer (except the
ILEC) may not rearrange, disconnect, remove, attempt to repair or otherwise
interfere with any of the facilities installed by CT A, except upon written consent
of CT A,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 25
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.7 Provision of Equipment and Facilities (Continued)
CT A shall not be responsible for the installation, operation, or maintenance of any
Customer-provided communications equipment, Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibility of CT A
shall be limited to the furnishing of facilities offered under this tariff and to the
maintenance and operation of such facilities, Beyond this responsibility, CT A shall
not be responsible for:
(a)the transmission of signals by Customer-provided equipment or for the
quality of or defects in such transmission;
(b)the reception of signals by Customer-provided equipment; or
(c)network control signaling where such signaling is performed by
Customer-provided network control signaling equipment.
CT A may substitute, change or rearrange any equipment or facility at any time and
from time to time but shall not thereby degrade the technical parameters of the
service provided to the Customer,
Equipment CT A provides or installs at the Customer premises for use in
connection with services CT A offers, shall not be used for any purpose other than
that for which CT A provides, installs or has installed on its behalf,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 26
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.8 Non-Routine Installation
At the Customer s request, installation and! or maintenance may be performed
outside CT A's regular business hours or in hazardous locations. In such cases
charges based on the cost of the actual labor, material, or other costs incurred by
or charged to CT A will apply, Ifinstallation is started during regular business hours
and continues into time periods, including but not limited to, weekends, holidays
and/or night hours, additional charges may apply,
1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains with CT A, its
agents or contractors or the ILEC,
1.10 Special Construction
If the provision of service to a Customer would require the construction of
additional facilities, replacement facilities or special facilities designed to meet the
Customer s particular needs, the Company, at its option, may seek to obtain the
facilities ITom another carrier, or may construct the facilities. The Customer may
be required to pay all of the Company s fees and expenses associated with
obtaining or constructing the facilities, including but not limited to, any unusual
maintenance costs or removal costs, Construction charges may be required, at the
Company s option, prior to commencing work or when billing is rendered, The
Customer may be required to enter into a written agreement to pay the
construction charges if they are not paid prior to initiation of service,
Material previously located on this page now appears on page 27,
ISSUED: December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 27
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Undertaking of Company (Continued)
1.10 Special Construction (Continued)
Any facilities constructed by the Company by the use of construction charges
however financed, shall be and remain the property of the Company, unless
otherwise agreed to by the Company pursuant to a written agreement, The
Customer does not obtain any rights of ownership in facilities provided by the
Company.
The charges and regulations applicable to special construction apply in connection
with all classes of service, facilities or equipment furnished by the Company and
are in addition to the installation charges, service connection and move charges
and monthly service charges otherwise applicable to the provision of service to the
Customer pursuant to other sections of this tariff,
Prohibited Uses
The services CT A offers shall not be used for any unlawful purposes or for any use
which the Customer has not obtained all required governmental approvals
authorizations, licenses, consents and permits, Services may not be used for any
purpose for which any payment or other compensation is received by the Customer
except when the Customer is a duly authorized regulated telecommunications company,
CT A may require a Customer to discontinue its transmission of signals if said
transmissIOn IS causing interference to others.
CT A may discontinue service if a Customer fails to comply with any of the rules herein,
The Customer s service will only be suspended or discontinued as allowed under Idaho
Code.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 28
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Discontinuance and Restoration of Service
1 Intentional Abuse of Service
CT A has the right to refuse telephone service to any premises and at any time to
discontinue telephone service, if it finds it necessary to do so to protect itself
against intentional abuse, Intentional abuse of service includes, without limiting the
generality of the foregoing, the use of service or facilities of CT A to transmit a
message or to locate a person or otherwise to give or obtain information, without
payment of an exchange service charge, Another form of such abuse is an
intentional uninterrupted connection of one exchange station to another station
excluding those connections charged for on an elapsed time basis, which permits
the use of the facilities in a manner similar to private line service, It also includes
intentional receiver off-hook conditions,
2 Disconnection of Service for Cause
Upon non-payment of any sum due to CT A or upon violation of any of the
conditions governing the furnishing of services as provided in this tariff, CT A may
by notice in writing mailed to the Customer, without incurring any liability,
temporarily discontinue the furnishing of service to the Customer. Telephone
services may be discontinued seven (7) days after mailing notice of intention
discontinue service, and a service order charge will be made by CT A for
restoration of such account and/or line, IfCT A elects to discontinue service, the
Customer shall be responsible for all charges through the date of termination,
ISSUED:December 13, 2005 EFFECTIVE:January 23,2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 29
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Discontinuance and Restoration of Service (Continued)
2 Disconnection of Service for Cause (Continued)
If any Customer-provided equipment is used with facilities provided by CT A in
violation of any law or any of the provisions in this tariff, CT A will take such action
as is necessary for the protection of its facilities or the service of its other
Customers and other persons provided with telecommunications services, The
Customer shall discontinue such use of the equipment or correct the violation
immediately upon actual or constructive knowledge of a violation and shall confirm
in writing to CT A within seven (7) calendar days that such use has ceased or that
the violation has been corrected. Failure of the Customer to discontinue such use
or correct the violation and to give the required written confirmation to CT A within
the time stated above shall result in interruption ofthe service of the Customer
creating the violation, once appropriate notice of the potential disconnection or
suspension has been provided by CT A to the Customer pursuant to Idaho Code,
Service may be refused, reduced, or partially or completely discontinued without
notice in the event CT A is informed that the service is used in such a manner that
will adversely affect CTA's service to others,
CT A may disconnect service in accordance with the terms hereof without any
liability except for an appropriate refund of any service deposit with accrued
interest.
Customers having their local service tenninated by CT A will be notified by CT A
in accordance with the applicable rules and regulations of the Commission
regarding termination of service,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 30
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Discontinuance and Restoration of Service (Continued)
3 Restoration of Service
When a Customer s service has been disconnected in accordance with this tariff
service will be re-established only upon the basis of an application for new service,
If a service has been suspended, discontinued or disconnected for nonpayment
service will be re-established upon receipt of all charges due, which includes
charges for services and facilities during the period of suspension and which may
include a service restoration fee, If the Customer has a history of payments
returned for insufficient funds, CT A may require payment by cash, money order
or certified check. If such payment is made by personal check, restoration of
service will be effective only upon bank clearance of the check.
2.4 Customer Obligations and Liability
The Customer is responsible for the payment ofbills associated with the use ofCT A'
service, Whether or not authorized by the Customer, this includes payment for calls and
services: (1) originated at the Customer s number(s), (2) accepted at the Customer
number( s ) (e., collect calls) and! or (3) incurred at the specific request of the Customer,
The Customer is responsible for making CT A facilities and equipment available
periodically for maintenance purposes at a time agreeable to both CT A and the
Customer, No allowance for interruptions in service will be made for the period during
which service is interrupted for such purposes,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
2.4 Customer Obligations and Liability (Continued)
The Customer is responsible for reimbursing CT A for damages to, or loss of, CT A'
facilities or equipment caused by the acts or omissions of the Customer, the non-
compliance by the Customer with these regulations or by fire or theft or other casualty
on the Customer s premises, unless caused by the negligence or willful misconduct of the
employees or agents ofCTA. CTAmay, upon reimbursement for damages, cooperate
with the Customer in prosecuting a claim against the person causing such damage, and
the Customer shall be subrogated to CT A's right of recovery of damages to the extent
of such payment.
The Customer is responsible for obtaining, maintaining, and otherwise having full
responsibility for all rights-of-way and conduit necessary for installation of fiber optic
cable and associated equipment used to provide Local Exchange Service to the
Customer from the cable building entrance or property line to the location of the
equipment space described herein, Any costs associated with obtaining and maintaining
the rights-of-way described herein, including the costs of altering the structure to permit
installation ofCT A-provided facilities, shall be borne entirely by, or may be charged by
CT A to, the Customer. CT A may require the Customer to demonstrate its compliance
with this section prior to accepting an order for service,
The Customer is responsible for complying with all laws and regulations applicable to
and obtaining all consents, approvals, licenses and permits as may be required with
respect to, the location ofCT A facilities and equipment in any Customer premises or the
rights-of-way for which Customer is responsible as defined herein, and granting or
obtaining permission for CT A agents or employees to enter the premises of the
Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or
upon termination of service as stated herein, removing the facilities or equipment of CT A.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Customer Obligations and Liability (Continued)
The Customer is responsible for providing at no charge, as specified from time to time
by CT A, any needed personnel, equipment, space and power to operate CT A facilities
and equipment installed on the premises of the Customer, and the level of heating and air
conditioning necessary to maintain the operating environment on such premises,
The Customer shall be responsible for placing orders for service, 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, the name( s), telephone number( s), and
address( es) of the Customer contact person( s) and any other information as deemed
appropriate by CT A,
The Customer is responsible for providing a safe place to work and complying with all
laws and regulations regarding the working conditions on the premises at which CT
employees and agents shall be installing or maintaining CT A's facilities and equipment.
The Customer may be required to install and maintain CT A facilities and equipment
within a hazardous area if, in CT A's opinion, injury or damage to CT A's employees or
property might result from installation or maintenance by CT A. The Customer shall be
responsible for identifYing, monitoring, removing and disposing of any hazardous material
prior to any construction or installation work,
The Customer is responsible for not creating or allowing to be placed or maintained any
liens or other encumbrances on CTA's equipment or facilities,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 33
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
ISSUED:
By:
Claims
With respect to any service or facility provided by CT A, Customer shall indemnify, defend
and hold harmless CT A from all claims, actions, damages, liabilities, costs and expenses
including reasonable attorneys' fees for:
(a)any loss, destruction or damage to property of CT A or any third party, or the death
of or injury to persons, including, but not limited to, employees or guests of either
CT A or the Customer, to the extent caused by or resulting from negligent or
intentional act or omission of the Customer, its employees, agents, representatives
(b)any claim, loss, damage, expense or liability for infringement of any copyright, patent
trade secret, or any proprietary or intellectual property right of any third party,
arising from any act or omission by the Customer, including, with limitation, use of
CTA's services and facilities in a manner not contemplated by the service order
between the Customer and CT A.
(c)The included tarifflanguage does not constitute a determination by the Commission
that a limitation ofliability imposed by the Company should be upheld in a court of
law, Acceptance for filing by the Commission recognizes that it is a court'
responsibility to adjudicate negligence and consequential damage claims, It is also
the court's responsibility to determine the validity ofthe exculpatory clause,
Customer Equipment and Channels
1 Interconnection of Facilities
Services furnished by CT A may be connected to the services or facilities of other
authorized telecommunications companies only when authorized by, and in
accordance with, the terms and conditions of the tariffs of the other
telecommunications companies which are applicable to such connections, Service
furnished by CT A is not part of a joint undertaking with such other carriers.
December 13, 2005 EFFECTIVE:January 23, 2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 34
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Customer Equipment and Channels (Continued)
1 Interconnection of Facilities (Continued)
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment ofCT A used for furnishing Local Exchange Service and
the channels, facilities, or equipment of others may be provided at the Customer
expense,
Facilities furnished under this tariff may be connected to Customer-provided
terminal equipment in accordance with the provision of this tariff,
2 Customer Responsibility
The Customer is responsible for taking all necessary legal steps for interconnecting
his/her Customer-provided terminal equipment of communications systems with
CT A's facilities. Customers shall secure all licenses, permits, rights-of-way, and
other arrangements necessary for such interconnections,
Inspections
Upon reasonable notification to the Customer, and at a reasonable time, CT A 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 any Customer-provided facilities and equipment to any Company-owned
facilities and equipment. No credit will be allowed for any interruptions occurring during
such inspections.
ISSUED:December 13,2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 35
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Inspections (Continued)
If the protective requirements for Customer-provided equipment are not being complied
with, CT A may take such action as it deems necessary to protect its facilities, equipment
and personnel. CT A may immediately and without notice deny service when the
Customer submits CT A or non-CT A personnel to hazardous conditions. When the
Customer circumvents CT A's ability to charge for its services, to prevent and protect
against fraud or acts in a way that may cause immediate harm to the local exchange
network or other CT A services, CT A will give the Customer prior notice before denying
service pursuant to Idaho Code.
Payments and Charges
Payment for Service
The Customer is responsible for payment of all charges for service and facilities
furnished by CT A to the Customer, whether authorized or not. If an entity other
than CT A imposes charges on CT A, in addition to its own internal costs, and in
connection with a service for which a CT A charge is specified, those charges may
be passed on to the Customer.
Customers may pay for service by credit card, an authorized payment agent, or
check or other method of payment as deemed appropriate by CT
When a payment for service is made by check, draft, or similar negotiable
instrument, a returned check charge in the amount of$20,, will be made by
Carrier for each such item returned unpaid by a bank to Carrier for any reason,
The acceptance of checks, drafts, or other negotiable instruments for the
satisfaction of the Customer s debts to Carrier shall not constitute a waiver by
Carrier of its right to payment by legal tender.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 36
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Payments and Charges (Continued)
1.AAlternative Payment Processing
CT A allows Customers to make payment for services rendered through
alternative payment processing options, including but not limited to, credit
card payments and automated clearing house ("ACH") transactions,
Customers may make payment using alternative payment processing
through CT A's Customer Care Center, the Company s internetwebsite
or other methods approved by CT A. When a payment for service is
made by an alternative payment processing option, processing fees as
described in Section 4,7 ofthis Tariff may apply, The acceptance of
alternative payment processing options for the satisfaction of the
Customer s debts to Carrier shall not constitute a waiver by Carrier ofits
right to payment by legal tender.
2 Taxes
Any assessments, franchise fees, privileges, licenses, occupation, excise, or other
similar fees or taxes, whether in a lump sum or at a flat rate, based upon receipts
or property units, imposed upon CT A by any governmental authority shall be
added pro rata, insofar as practical, to the rates and charges stated in CT A's rate
schedules, CT A shall, so long as any such tax or fee is in effect, add to the bills
of the Customers an amount sufficient to recover any such tax or fee,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 37
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Payments and Charges (Continued)
Establishment and Re-establishment of Credit
CT A may conduct a credit investigation of each Customer or applicant prior to
accepting the service order. A Customer whose service has been discontinued by
CT A for non-payment of bills for any telecommunications service will be required
to pay all bills due to CT A for telecommunications services or make other
arrangements satisfactory to CT A and to re-establish credit before service is
restored or any service started,
Billing and Collection
The Customer is responsible for payment of all charges for equipment or facilities
and services furnished by CTA to the Customer,
CT A will establish a monthly billing date for each Customer account and shall bill
all charges incurred by, and credits due to the Customer under this tariff.
Recurring charges are billed in advance of the month( s) in which service is
provided, except where prohibited by law, Usage sensitive charges will be billed
for the preceding billing period, Recuning charges and usage sensitive charges for
the federal government will be billed in arrears. Bills are due by the payment due
date shown on the bill,
Monthly rates for any service provided under this Tariff will apply for each month
or partial month, When a Customer cancels service or when service is
discontinued by the Company during a billing cycle, new charges will not be
assessed for billing periods subsequent to the discontinuance of service,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 38
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Payments and Charges (Continued)
Billing Disputes
The date of the dispute shall be the date CT A receives sufficient documentation
to enable it to investigate the dispute, The Customer is responsible for notifying
CT A, either verbally or in writing, of any charges in dispute and the specific basis
of such dispute, All charges not in dispute shall be paid by the Customer by the
payment due date, Upon notification of a dispute, CT A shall undertake an
investigation of the disputed charges. At the conclusion of the investigation, CT A
shall notify the Customer of any amount determined by CT A to be correctly
charged, and such amount shall become immediately due, Amounts determined
by CT A to be correctly charged shall also be subject to the late payment fee
specified in this tariff.
In the event that the Customer and the Company cannot reach a resolution of
mutual satisfaction, the Customer may contact the Commission for further
assistance, The Commission s address and telephone number are as follows:
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Telephone Number
Tollfree Number
[phone]
[phone]
In the event of a dispute, the Customer may be liable for reasonable court costs
and attorneys ' fees,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 39
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Payments and Charges (Continued)
Late Payment Fee
If any portion ofthe Customer s payment is not received by CT A two business
days prior to the next billing cycle, or if any portion of the payment is received by
CT A in funds which are not immediately available upon presentation, a late
payment fee shall be due to CT A. The late payment fee shall be the portion of the
payment not received two business days prior to the next billing cycle, multiplied
by 1.5%, Forunpaidbalancesof$lO,OO or more, a minimum late payment fee
of$5.00 shall apply,
Late payment fees do not apply to the disputed portion of unpaid balances, if
resolved in favor of the Customer, Any disputed portion of unpaid balances, if
resolved in favor ofCT A, may be subject to the late payment fee as of the original
due date noted on the Customer s bill, Undisputed amounts of the same bill may
be subj ect to the late payment fee if they remain unpaid by the due date noted on
the Customer s bill.
7 Multi-brand and Affiliate Credit and Collections Practices
Comtel may collect on behalf of the Company and/or its affiliates or brands in one
or more transactions as permitted by law,
Comtel reserves the right to apply credit balances from one Comtel affiliate or
brand to another to satisfy outstanding account balances for billed regulated
telecommunications services,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 40
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Cancellation, Discontinuance and Changes
Cancellation of Application for Service
When a Customer cancels an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for these
specified herein,
Where, prior to cancellation by the Customer, CTA incurs any expenses in
installing the service that it otherwise would not have incurred, a charge equal to
the costs CT A incurred, shall apply, but in no case shall this charge exceed the
sum of the charge for the minimum period of services ordered, including installation
charges, and all charges others levy against CT A that would have been chargeable
to the Customer had service begun,
Where CT A incurs an expense in connection with special construction, or where
special arrangements of facilities or equipment have begun, before CT A receives
a cancellation notice, a charge equal to the actual and documented costs incurred
applies,
The charges described above will be calculated and applied on a case-by-case
basis with proper documentation of the actual costs presented to the customer
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Cancellation, Discontinuance and Changes (Continued)
Cancellation of Service
If a Customer cancels a service order or terminates services before the completion
of the term for any reason whatsoever, the Customer agrees to pay CT A the
following:
(a)all nonrecurring charges reasonably expended by CT A to establish service
to the Customer,
(b)any disconnection, early cancellation, or termination charges reasonably
incurred and paid to third parties by CT A,
(c)all recurring charges associated with the service being utilized for the
balance of applicable term.
(d)any other charges set forth in this tariff or in the service order for such
early cancellation or termination,
The above sums shall become due as ofthe effective date ofthe cancellation or
termination and be payable within the period, as set forth in this tariff,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Cancellation, Discontinuance and Changes (Continued)
Discontinuance of Service
CTAmay discontinue orrefuseto furnish any and/or all service(s) to the Customer
or applicant for service without incurring any liability if CT A deems that such
action is necessary to prevent or to protect against fraud or to otherwise protect
its personnel, agents, facilities . equipment, assets or service,
The discontinuance of service( s) by CT A pursuant to this Section does not relieve
the Customer of any obligation to pay CTA for charges due for service(s)
rendered up to the time of discontinuance. In addition, CT A may declare all future
monthly and other charges which would have been payable by the Customer
during the remainder of the term for which such services would have otherwise
been provided to the Customer, to be immediately due and payable,
CTA may discontinue service of any Customer who, with intent to annoy,
telephones another and addresses to or about such other person any obscene
language or addresses to such other person any threat to inflict injury to the person
or property of the person addressed or any family member,
CT A may discontinue service of any Customer who, with intent to annoy,
repeatedly telephones another without disclosing his true identity to the person
answering the telephones, whether or not conversation ensues during the telephone
calls.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 43
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Cancellation, Discontinuance and Changes (Continued)
Discontinuance of Service (Continued)
CT A may, without incurring any liability, discontinue or suspend service without
notice or refuse service if: (a) the Customer provides false information to CT A
regarding the Customer s identity, address, creditworthiness, its past or current
use of communications services, or its planned use of CT A's service( s); (b) the
Customer uses service to transmit a message, locate a person or otherwise give
or obtain information without payment for the service or (c) the Customer uses, or
attempts to use, service with the intent to avoid the payment, either in whole or in
part, of the tariffed charges for the service by using or attempting to use any
fraudulent means or devises.
CT A may, without incurring any liability, discontinue or suspend service within
seven (7) days written notice, or refuse service if ( a) the Customer refuses to
furnish information to CT A regarding the Customer s creditworthiness, his/her past
or current use of communications services or his/her planned use of service( s); (b)
any material portion of the facilities used by CT A to provide service to the
Customer is condemned or a casualty renders all or any material portion of such
equipment or facilities inoperable beyond feasible repair; (c) any governmental
order or directive calls for the discontinuation of service, the Customer alters the
services to be provided, or the Customer violates an applicable federal, state or
local law or regulation or (d) the Customer uses service without payment for the
service or the Customer fails to pay any amounts owing to CT A for services to
which the Customer subscribes or had subscribed or used.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 44
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Cancellation, Discontinuance and Changes (Continued)
Changes in Service
If the Customer makes or requests material changes m CIrcuit engIneering,
equipment or facility specifications, service parameters, premises locations, or
otherwise materially modifies any provision of the application for service
Customer charges shall be adjusted accordingly.
Credit Allowance - Directory Listings
Subject to the provisions of Section 2.5 of this tariff, CT A shall allow, for errors or
omissions in alphabetical telephone directories (excluding the use of bold face type), an
amount within the following limits:
(a)for listings and lines of information in alphabetical telephone directories furnished
at additional charge, an amount not in excess ofthe charge for that listing during
the effective life ofthe directory in which the error or omIssion occurred,
(b)for listings in information records furnished at additional charge, an amount not in
excess of the charge for the listing during the period the error or omIssion
continued,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 45
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Allowances for Interruptions in Service
When the company is informed by the customer of a service outage, CT A will:
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 for the customer; or
Restore service within twenty-four (24) hours after the report of the outage if no
emergency exists, except that outages reported between noon on Saturday and
6:00 p,m, on the following Sunday must be restored within forty-eight (48) hours
or by 6:00 pm on the following Monday, which ever is sooner, Ifthe telephone
company does not restore service within the times required by this subsection the
telephone company must credit the customer s account for an amount equal to the
monthly rate for one (1) month of basic local exchange service
It shall be the obligation of the Customer to notify CT A 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
of the Customer within his or her control, or is not in wiring or equipment, if any, furnished
by Customer and connected to CT A's terminal. If the Customer reports a service, facility
or circuit to be inoperative but declines to release it for testing and repair, it is considered
to be impaired, but not interrupted,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
11.1 Limitations on Allowances
No credit will be made for interruptions due to the negligence of, or
noncompliance with the provisions of this tariff by, the Customer or for
interruptions due to the negligence of any person using CT A's facilities with the
Customer s permission. No credit will be given by CT A for interruptions due to
the failure or malfunction of non-CT A equipment or interruptions of service during
any period in which CT A is not given full and free access to its facilities and
equipment for the purpose of investigating and correcting interruptions. No credit
will be given to the Customer for interruptions of service during a period in which
the Customer continues to use the service on an impaired basis, interruptions of
service during any period when the Customer has released service to CT A for
maintenance purposes or for implementation of a Customer order for a change in
service arrangements, or interruption of service due to cIrcumstances or causes
beyond the control ofCTA.
Transfers and Assignments
Neither CT A nor the Customer may assign or transfer its rights or duties in connection with
the services and equipment or facilities provided by CT A without the written consent of
CT A, CT A may assign its rights and duties without prior notice or consent (a) to any
subsidiary, parent company or affiliate of CT A; (b) pursuant to any sale or transfer or
substantially all the assets of CT A; or (c) pursuant to any financing, merger or
reorganization of CT A.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 47
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RULES AND REGULATIONS (Continued)
Notices and Communications
All notices or other communications required to be given pursuant to this tariff will be in
writing. Notices and other communications of either party, and all bills mailed by CT A
shall be presumed to have been delivered to the other party on the third business day
following deposit of the notice, communication or bill with the US, Mail or a private
delivery service, prepaid and properly addressed, or when actually received or refused by
the addressee, whichever occurs first.
CT A or the Customer shall advise the other party of any changes to the address
designated for notices, billing or other communications,
Violation of Regulations
When any terminal equipment or communications system is used with Local Exchange
Services in violation of any ofthe provisions ofthis tariff, CT A will take any necessary
immediate action to protect its services or interests, including disconnection of the service
and will promptly notify the Customer of the violation in writing, Within ten (1 0) days upon
receipt of said notification, the Customer shall discontinue such improper use of the
terminal equipment or communications system or correct the violation and shall confirm in
writing to CT A that such use has ceased or that the violation has been corrected, Failure
of the Customer to discontinue such use or to correct the violation and to give the required
written confirmation to CT A within the time stated above shall result in disconnection
the Customer s service until such time as the Customer complies with the provisions of this
tariff.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 48
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS
General
Comtel's Local Exchange Service provides Customers with unlimited calling to points
within their designated local calling area, Comtel concurs with the exchange areas and
exchange maps filed by the incumbent Local Exchange Carriers and currently on file with
the Commission. Comtel' s service area is limited to the exchanges listed in Section 3,
following,
CT A also provides optional services to allow Customers to efficiently manage the call flow
generated over their telephone line(s). These services are subject to availability of facilities
and compatibility with Customer type of access line and premises equipment. Optional
services are only available to Customers of CTA's basic local services and are not
available on Centrex and PBX trunks, When multiple services are activated on the same
line, certain services may take precedence over others,
1.1 Service Areas and Zones
Local exchange telecommunications services provided by CT A shall be limited to
Customers within the following exchanges as defined by exchange maps filed by
Qwest and currently on file with the Commission,
Zone 1 - BOISE
Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home, N ampa, New Plymouth, Payette
Star and Weiser;
Boise River; Prairie and Tipanuk (Rural Telephone Company); Bruneau
Grand View and Grasmere-Riddle (Century Telephone Company);
Garden Valley, Horseshoe Bend and Sweet (Citizens Telephone
Company);
ISSUED:December 13, 2005 EFFECTIVE :January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
General (Continued)
1.1 Service Areas and Zones (Continued)
Zone 1 - BOISE (Continued)
Fruitland and NuAcres (Farmers Mutual Telephone Company); Lowman
(Cambridge Telephone Company)
Zone 2 - IDAHO FALLS
Idaho Falls, American Falls, Bancroft, Blackfoot, Downey, Grace, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc,); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including T etonia and Victor-Teton Communications)
Zone 3 - MERIDIAN
Meridian, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna
Melba, Middleton, Mountain Home, Nampa, New Plymouth, Payette
Star and Weiser;
ISSUED:
Boise River; Prairie and Tipanuk (Rural Telephone Company); Bruneau,
Grand View and Grasmere-Riddle (Century Telephone Company);
Garden Valley, Horseshoe Bend and Sweet (Citizens Telephone
Company); Fruitland and NuAcres (Farmers Mutual Telephone
Company)
December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
General (Continued)
1.1 Service Areas and Zones (Continued)
Zone 4 - NAMP A
N ampa, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home, New Plymouth, Payette, Star and
Weiser;
Boise River; Prairie and Tipanuk (Rural Telephone Company); Bruneau
Grand View and Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, Homedale, Parma, Sweet and Wilder (Citizens
Telephone Company); Fruitland and NuAcres (Farmers Mutual Telephone
Company)
Zone 5 - POCA TELLO
Pocatello, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc,); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (indudingTetoniaand Victor-Teton Communications)
ISSUED:December 13, 2005 EFFECTIVE:January 23,2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
General (Continued)
Service Areas and Zones (Continued)
Zone 6 - TWIN FALLS
Twin Falls, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagerman, Jerome, Kimberly, Murtaugh, Shoshone and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer Mutual
Telephone Company)
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Basic Residential Local Service
Basic Residential Local Service allows residential Customers to place local calls according
to the rates as set forth herein, The standard features of Basic Residential Local Service
include an assigned telephone number, dial tone, Dual Tone Multi-Frequency (DTMF
, Touch Tone) and rotary signaling, access to long distance services and unlimited local
calling within the standard local calling area.
Customers of Basic Residential Local Service have the ability to utilize 9ll/E9ll
emergency services, 711 , 611 and 411 services where available, operator services and
long distance services, In addition, the Customer will have a listing in the applicable
9lllE9ll database, white pages telephone directory and the Directory Assistance
database, Information obtained from the Customer is required but may have a designation
for non-publication,
Increments for provision of non-optional Extended Area Service will be added when
applicable,
Rates and charges associated with Basic Residential Local Service are set forth in Section
4.2 following.
Additional Line Service
Additional Line Service provides the same features and benefits of Basic
Residential Local Service as described in Section 3.2, including unlimited local
calling and the ability to utilize 911 emergency services, Additional Line Service
is only available to Customers who also subscribe to CT A's Basic Residential
Local Service or an associated bundled service package as described herein, and
Additional Line Service must be installed at the same service address as the
Customer s primary line,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Basic Residential Local Service (Continued)
Additional Line Service (Continued)
Any additional benefits of the Customer s selected local service package, such as
included long distance minutes or Call Management features, do not apply to
Additional Line Service, Optional Call Management features as described in
Section 3.3 are available to subscribers of Additional Line Service and will be
billed at the rates defined therein in addition to all charges associated with the
Customer s Additional Line Service,
Call Management Features
CT A offers optional Call Management Features as described herein to allow Customers
to efficiently manage the call flow generated over their telephone line( s), These services
are subject to availability of facilities and compatibility with Customer type of access line
and premises equipment. Optional services are only available to Customers ofCT A'
basic local service and are not available on Centrex and PBX trunks. When multiple
services are activated on the same line, certain services may take precedence over others,
Rates and charges associated with the Call Management Features described herein are set
forth in Section 4,3 following,
1 Auto Redial
Auto Redial enables the Customer to redial automatically the last outgoing
telephone number. If that telephone number is busy, the service will make call
attempts to the telephone number for a maximum of thirty (30) minutes beginning
with the Customer s activation of Auto Redial, in an effort to establish the call.
The Customer will be signaled with a distinctive ring when the call can be
completed, Customers access Auto Redial by dialing *66 and can cancel an Auto
Redial activation by dialing * 86,
ISSUED:December 13. 2005 EFFECTIVE:Januarv 23. 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 54
Original
Comtel Telcom Assets (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Forwarding
Call Forwarding enables the Customer to transfer all incoming calls to another
telephone number, The Customer is responsible for the payment of charges (i.
toll charges) for each call between the Customer s call forwarding equipped
telephone and the telephone to which the call is being forwarded, The
transmission may not meet normal standards depending upon the distance and
routing necessary, Customers who are subscribed to Call Forwarding activate the
service by dialing #72 and can deactivate the service by dialing #73.
Call Forwarding may also include the Call Forwarding - Busy Line and Call
Forwarding - No Answer features described in Sections 3.3.3 and 3.3.4,
However, only one Call Forwarding feature is allowed for each telephone line,
Call Forwarding - Busy Line
Call Forwarding - Busy Line allows incoming calls that encounter a busy condition
to be forwarded to a pre-designated telephone number, The Call Forwarding -
Busy Line Customer is responsible for the payment of charges (i.e" toll charges)
for each call between his/her call forwarding equipped telephone line and the line
to which the call is being forwarded, The transmission may not meet normal
standards depending upon the distance and routing necessary,
3.4 Call Forwarding - No Answer
Call Forwarding - No Answer allows incoming calls which are not answered after
a pre-determined number of rings to be automatically forwarded to a pre-
designated telephone number, The Call Forwarding - No Answer Customer
responsible for the payment of charges (i.e" toll charges) for each call between
his/her call forwarding equipped telephone line and the line to which the call is
being forwarded, The transmission may not meet normal standards depending
upon the distance and routing necessary,
ISSUED:EFFECTIVE:
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 55
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
Call Forwarding - Busy Line/No Answer
Call Forwarding - Busy Line/No Answer provides the features of Call
orwarding- Busy Line as described in Section 3.3 ,3 as well as the features of
Call Forwarding - No Answer as described in Section 3,3.4, The Customer is
responsible for the payment of charges (i,e" toll charges) for each call between
his/her call forwarding equipped telephone line and the line to which the call is
being forwarded, The transmission may not meet normal standards depending
upon the distance and routing necessary,
6 Selective Call Forwarding
Selective Call Forwarding provides the Customer with the ability to forward
incoming calls from up to fifteen (15) pre-selected telephone numbers to another
telephone number, The Customer can construct or modify a telephone number
screerung list. VTI equipment will screen incoming calls against the Customer
list and forward only those from telephone numbers on the list, The Selective Call
Forwarding Customer is responsible for the payment of charges (i,, toll charges)
for each call between the Selective Call Forwarding equipped telephone line and
the line to which the call is being forwarded, Calls from numbers not on the list will
receive standard call completion, The Customer must also subscribe to one of the
Call Forwarding features described herein,
Subscribers to Selective Call Forwarding activate the service and construct or
modify the screening list by dialing *63 and following the prompts, This service
may be temporarily deactivated by dialing *83,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 56
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
7 Selective Call Rejection
Selective Call Rej ection enables the Customer to block calls from up to fifteen
(15) pre-selected telephone numbers, To block specified telephone numbers, the
Customer builds a screening list via code activation, Customers may access their
screening list to add telephone numbers by dialing *60, Customers may deactivate
Selective Call Rejection by dialing *80, To block an unknown telephone number
after receiving the call, the Customer enters a blocking code to add the number to
the Customer s screening list. In the event that facilities are unavailable to provide
incoming call screening from the Customer s list, standard call completion will
occur, Customers whose telephone numbers are blocked are directed to a
prerecorded announcement regarding the block.
Call Waiting
Call Waiting alerts Customers via a tone signal while a call is in progress to
indicate a second call is waiting and, by operation of the switchhook, allows the
Customer to place the first call on hold and answer the waiting call. Call Waiting
subscribers may deactivate Call Waiting for the duration of one call by dialing *70
prior to the direct-dialed digits. Call Waiting is automatically reactivated for the
next originating or termInating call,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 57
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
Caller ID - Number Only
Caller ill - Number Only allows the Customer to identify the calling party prior to
the telephone being answered, Caller ID - Number Only displays the telephone
number of the calling party on the Customer s CPE before the call is answered at
the Customer s premises. Caller ID - Number Only requires a period of time
equivalent to two ringing tones in order to produce the name and telephone
number display on the CPE. Caller ID - Number Only displays non-published
telephone numbers, unless the Customer who has anon-published listing activates
a call identification block.
Any Customer subscribing to Caller ill - Number Only will be responsible for the
provision of a display device which will be located on the Customer s premises,
The installation, repair, and technical capability of that equipment to function in
conjunction with the feature specified herein will be the responsibility of the
Customer. Company assumes no liability and will be held harmless for any
incompatibility of this equipment to perform satisfactorily with the network features
described herein,
Telephone CPN information transmitted via Caller ill - Number Only is intended
solely for the use of the Caller ID - Number Only subscriber, Resale ofthis
information is prohibited by this tariff. CPN will not be displayed if the called party
is off-hook or if the called party answers during the first ring interval. CPN will be
displayed for calls made from another central office only if it is linked by
appropriate facilities. Caller ID - Number Only is not available on operator-
handled calls.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
10 Caller ID - Name and Number
Caller ID - Name and Number allows the Customer to identify the calling party
prior to the telephone being answered, Caller ill - Name and Number displays the
name and telephone number of the calling party on the Customer s CPE before the
call is answered at the Customer s premises, Caller ID - Name and Number
requires a period oftime equivalentto two ringing tones in order to produce the
name and telephone number display on the CPE. Caller ID - Name and Number
displays non-published telephone numbers, unless the Customer who has a non-
published listing activates a call identification block.
Any Customer subscribing to Caller ill - Name and Number will be responsible
for the provision of a display device which will be located on the Customer
premises, The installation, repair, and technical capability ofthat equipmentto
function in conjunction with the feature specified herein will be the responsibility of
the Customer, Company assumes no liability and will be held harmless for any
incompatibility of this equipment to perform satisfactorily with the network features
described herein,
Telephone CPN information transmitted via Caller ID - Name and Number
intended solely for the use ofthe Caller ID - Name and Number subscriber,
Resale of this information is prohibited by this tariff, CPN will not be displayed if
the called party is off-hook or if the called party answers during the first ring
interval, CPN will be displayed for calls made from another central office only if
it is linked by appropriate facilities, Caller ill - Name and Number is not available
on operator-handled calls,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
11 Speed Calling
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, Speed
Calling 8 Number allows for an eight (8) telephone number capacity, wherein the
telephone numbers are assigned a one digit code,
Customers may program Speed Calling 8 Number by dialing 74# and waiting for
the dial tone, Customers then dial the code (consisting of numbers 2 through 9)
to be assigned and the telephone number, including area code ifnecessary. To
dial the number, Customers dial the code number followed by the pound sign (#),
12 Three-Way Calling
Three- Way Calling enables a Customer to add a third party to an existing call
without operator assistance, thereby establishing a three-way conversation, The
transmissIOn may not meet normal standards depending on the distance and routing
necessary to activate a three-way call.
Customers access Three-Way Calling during a current call by pressing and
releasing the receiver button to receive a second dial tone, dialing the third-party
telephone number, and pressing and releasing the receiver button to connect the
two calls,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 60
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
13 Anonymous Call Rejection
Anonymous Call Rejection allows a Customer to reject all calls which have been
indicated as anonymous, unavailable or private by the calling party, When
Anonymous Call Rejection is active, the called party receives no alerting for a call
that has been rejected. The call is routed to a denial announcement and
subsequently terminated,
Customers who are subscribed to Anonymous Call Rejection activate the service
by dialing *77 and can deactivate the service by dialing * 87,
14 Call Waiting
Call Waiting ill allows the Customer to identify the calling party on a waiting call
prior to the telephone being answered, Call Waiting ID displays the telephone
number and/or name ofthe calling party on a Customer s CPE while a call is in
progress, Call Waiting ill requires a period of time equivalent to two ringing tones
in order to produce the name and telephone number display on the CPE. Call
Waiting ill displays non-published telephone numbers, unless the Customer who
has a non-published listing activates a call identification block. Call Waiting ill
requires subscription to Call Waiting and Caller ID Services as described in
Sections 3,8 and 3.3,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Call Management Features (Continued)
15 Auto Call Return
Auto Call Return enables the Customer to redial automatically the last incoming
call, whether or not it was answered, If that telephone number is busy, automated
continuous attempts will occur to call the number for a maximum ofthirty (30)
minutes beginning with the Customer s activation of Auto Call Return in an attempt
to establish the calL The Customer will be signaled with a distinctive ring when the
call can be completed. Customers activate Auto Call Return by dialing *69.
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 62
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
3.4 Directory Listings
Upon the request of a directory listing publication, CT A will provide list of names and
telephone numbers of Customers and joint -users for the purpose of informing calling
parties of the telephone numbers of Customers and those entitled to use Customer
service, The Company limits the length of any listing by the use of abbreviations when, in
the opinion of the directory publishing company, the clearness of the listing or the
identification of the Customer or j oint-user is not impaired thereby, Listings must conform
to the practices of the directory publishing company with respect to its directories,
Comtel will furnish upon request the name and address of the Customer to exchange
service when such service is used to provide recorded announcements under the provisions
ofthis tariff, Listings are regularly provided in connection with all classes of exchange
service, unless the Customer subscribes to non-published exchange service or non-listed
service, The contract period for Directory Listings where the listing actually appears in the
directory is the effective period of the directory, Where the listing has not been printed in
the directory, the contract period is one month,
One Residential Primary Listing is provided without charge for each separate Customer
service or joint-user. The Primary Listing must be the actual name of the Customer to
whom the service is rendered or the name of a member of the Customer s family or
household,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 63
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
3.4 Directory Listings (Continued)
A residential Customer may request that part or all of the address information which would
otherwise be listed in the directory be deleted by the Company, Such deletion will be
continued in successive directories without further request by the Customer until the
Customer requests publication of part or all of the deleted address information in the
directory ,
Rates and charges associated with Directory Listings and the optional features described
below are set forth in Section 4,6 following.
3.4.1 Non-Published Service
Customers who desire their telephone numbers to be omitted from directory
publications may subscribe to Non-Published Service, Incoming calls to a
Customer subscribing to Non-Published Service will be completed only when the
calling party places the call by telephone number, notwithstanding any claim made
by the calling party. When a call is placed from a telephone number associated
with a Non-Published listing, the number may be disclosed if the called party has
equipment to display Caller ID, Customers may prevent the display oftheir
telephone number by subscribing to and activating Call Block.
ISSUED:December 13. 2005 EFFECTIVE:Januarv 23. 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 64
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
3.4 Directory Listings (Continued)
2 Non-Listed Service
At the Customer s request, anyone or all of the Customer s primary listings
additional listings or other listings associated with the same or different residence
telephone service line normally published in the directory will be omitted from the
directory but will be listed in the directory assistance records available to the
general public, The Customer indemnifies and holds the Company harmless
against any and all claims for damages caused or claimed to have been caused
directly or indirectly by the publication ofthe listing, which the Customer has
requested be omitted from the directory or the disclosing of such a listing to any
person, Where such a listing is published in the telephone directory, the
Company s liability shall be limited to a refund of any monthly charges assessed
by the Company for the particular Non-Listed Service,
When a call is placed from anon-listed telephone number, the number may be
disclosed ifthe called party has equipment to display Caller ID,
3.4.Residential Additional Listings
Residential Additional Listings may be the names of members of the Customer
family or of other persons residing in the Customer s household, A Dual Name
Additional Listing may be provided for two persons who share the same surname
and reside at the same address, or for a person known by two names, This listing
is composed of a surname, two first names, address and telephone number,
Residential Additional Listings may be nicknames, abbreviated names, names
which are commonly spelled in more than one way, and rearrangements of names
when, in the opinion of the directory publishing company, they are necessary for
the proper identification of the Customer,
ISSUED:December 13, 2005 EFFECTIVE :January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 65
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Operator Assistance Services
CT A furnishes local assistance through an operator whereby Customers may request the
services described herein, The rates set forth in Section 4,5 apply to local operator
assistance requests originating for all classes and grades of services,
Busy Line Verification
Busy Line Verification allows an operator to determine the condition of an access
line that a Customer requests to be checked, This service is provided where
facilities exist through a CT A provided operator, Busy Line Verification requests
will not be processed on a collect (reversal of charge) or person-to-person basis,
Busy Line Interrupt
Busy Line Interrupt allows an operator to interrupt a conversation in progress to
ascertain willingness to establish a conversation with an alternate party, This
service is provided where facilities exist through a CT A provided operator, Busy
Line Interrupt requests will not be processed on a collect (reversal of charge) or
person-to-person basis, except in the case of an emergency situation, when the
caller may bill collect if necessary.
The charge for Busy Line Interrupt applies whenever the operator interrupts the
conversation even if the interrupted parties refuse to terminate the conversation in
progress,
ISSUED:December 13. 2005 EFFECTIVE:Januarv 23. 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 66
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Operator Assistance Services (Continued)
Call Trace
Call Trace allows the Customer to initiate an automatic trace of the last call
received by dialing a code (* 57), The following information is automatically
recorded:
(a)
(b)
(c)
The originating telephone number;
The date and time of the call; and
The date and time call trace was activated,
When Call Trace successfully identifies a calling number, a recording instructs the
Customer to call a toll free number, which will activate a Voice Response Script
and assist the Customer in establishing an open file, Should the Customer decide
to prosecute the call originating party, the Customer should Contact CT A for
further instructions, Activation of Call Trace never authorizes CT A to provide the
called party with the name or telephone number ofthe calling party,
5.4 Local Operator Services
Customers may obtain the assistance of a local operator to complete the following
local exchange telephone calls:
ISSUED:
Person to Person - Calls completed with the assistance of a Company
operator to a particular person or station specified by the calling party,
Charges may be billed to the called party, anon-proprietary calling card
a calling station or a third-party station,
Station to Station - Calls other than person-to-person calls completed
with or without the assistance of a Company operator, Charges may be
billed to a non-proprietary calling card,
EFFECTIVE:December 13, 2005
By:
January 23,2006
Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 67
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Operator Assistance Services (Continued)
Local Operator Services (Continued)
Third-Party Billing - Calls which are billed to a telephone number other
than the originating or terminating telephone number.
Collect Call- Calls of which the charges for a message may be reversed
and billed to the terminating telephone number provided the charge is
accepted at the called service point,
Rates associated with Local Operator Services are set forth in Section 4,
Service Order Charges
Customers are billed applicable Service Order Charges when CT A receives, records and
processes information in connection with a Customer request to add or change existing
services, Service Order Charges apply to Customers who order new servIce or features
discontinue services or features, request telephone number changes, or transfer service
from one premises to another. Service Order Charges also apply to service requests
including but not limited to, reconnection of existing service, temporary suspension of
service, name changes on an account, or when service is required at the Customer
premIses,
The applicable Service Order Charges for the items described above are set forth in
Section 4.4 following,
ISSUED:December 13, 2005 EFFECTIVE :January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 68
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Directory Assistance
CT A furnishes Directory Assistance Service whereby Customer may request assistance
in determining directory listing information, The rates set forth herein apply to calls from
Customers who request assistance in determining directory listing information for telephone
users who are located in the same local calling area, intraLA T A calling area or interLA T A
calling area,
No credit will be given for any unused portion of the Customer s allowance, and call
allowances are not transferrable between separate accounts of the same Customer,
credit will be given for requests in which the telephone number is non-published or unlisted
or for telephone numbers which are not found in the directory,
Customers are allowed up to two (2) Directory Assistance listing requests per direct-
dialed Directory Assistance call. Where a Customer makes more than two requests on
a call, each subsequent request in excess of the Customer s allowance is billed an
additional fee, A maximum of ten Directory Assistance requests is allowed per direct-
dialed Directory Assistance call.
Additional charges may apply to Customers who place Directory Assistance calls via an
operator or have Directory Assistance charges billed to a telephone calling card or a
telephone number other than the originating telephone number, A maximum of two
requests per call applies to Directory Assistance calls placed via an operator or billed to
a telephone calling card or a telephone number other than the originating telephone number,
Where dialing facilities are not available, Directory Assistance calls via an operator are
considered as direct-dialed calls,
Rates and charges associated with Directory Assistance are set forth in Section 4.
following,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 69
Original
Comtel Telcom Assets LP (Acceptance Stamp)
SERVICE DESCRIPTIONS (Continued)
Directory Assistance (Continued)
Directory Assistance Call Completion
Directory Assistance Call Completion (DACC) provides Customers with the
option of having local calls automatically completed upon request of a telephone
listing from the Directory Assistance operator, The call may be completed
automatically or by the Directory Assistance operator, DACC is available where
facilities permit.
The DACC portion ofthe call may either be billed in the same manner as the
Directory Assistance portion or alternately billed (i,, third number or collect
billing),
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RATE SCHEDULES
General
The rates for the services described in Section 3 , including but not limited to, Basic
Residential Local Service and Call Management Features are provided herein, The rates
and charges set forth herein may include one-time charges, per-call charges or monthly
subscription charges,
Basic Residential Local Service - Rates and Charges
Subscribers to Basic Residential Local Service will be billed at the following rate In
addition to all charges associated with the Customer s optional services and/or long
distance usage:
Monthly Rate $29,
Additional Line Service - Rates and Charges
Additional Line Service will be billed at the following rates in addition to all
charges associated with the Customer s optional services and/or additional long
distance usage, if any, The following per line monthly rates apply to each
additional telephone number billed to the same account:
Monthly Rate $24,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RATE SCHEDULES (Continued)
Call Management Features - Rates and Charges
Subscribers to Call Management Features will be billed at the following rates in addition
to all charges associated with the Customer s basic local service plan,
Monthl Rate Per Use Rate
Auto Redial $3,$0,
Call Forwarding $3.N/A
Call Forwarding - Busy Line $3,N/A
Call Forwarding - No Answer $3,N/A
Call Forwarding - Busy/No Answer $3,N/A
Selective Call Forwarding $3.N/A
Selective Call Rejection $3,N/A
Call Waiting $3,N/A
Caller ID - Number Only $3,N/A
Caller ID - Name & Number $6,N/A
Speed Calling $3.N/A
Three- Way Calling $3.$0,
Call Waiting ID $3,N/A
Auto Call Return $3,$0,
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 72
Original
Comtel Telcom Assets (Acceptance Stamp)
RATE SCHEDULES (Continued)
Service Order Charges - Rates and Charges
Customers will be billed the following charges for services described below, Additional
charges may apply for service orders that require overtime labor performed at hours of the
day or days of the week other than normal work hours,
Customer requests to add a feature to an account
Customer requests to remove a feature from an
account
Customer requests a billing name change on
his/her account
Customer requests a telephone number change
Customer requests to transfer primary line from
one service address to another
Customer requests to transfer an additional
telephone line from one service address to
another
Restoration of Customer s service following
suspension by CT A
Installation of a primary telephone line at new
service address
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
One- Time Char
No Charge
$5,
$5,
$25.
$30,
$30,
$20,
$30.
Page
Original
Comtel Telcom Assets (Acceptance Stamp)
RATE SCHEDULES (Continued)
4.4 Service Order Charges - Rates and Charges (Continued)
Installation of an additional telephone line at new
service address $30,
Block Change Charge $5,
PIC Change Charge $5,
Operator Assistance - Rates and Charges
Local Operator Assistance Service rates are in addition to applicable usage charges or in
lieu of local call rates from pay telephones,
Busy Line Verification
Busy Line Interrupt
Call Trace
Person to Person
Fully Assist
Partially Assist
Station to Station
Fully Assist
Partially Assist
Third-Party Billing
Collect Call
Per Use Char
$1.50
$3.
$1.00
$9,
$9.48
$5,
$4,
$5,
$5,
ISSUED:December 13,2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 74
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RATE SCHEDULES (Continued)
Operator Assistance - Rates and Charges (Continued)
In addition to the Operator Assistance per use charges set forth herein, the following local
usage rates apply to calls which are completed with Operator Assistance:Day - $0,38 per minute
(Monday through Friday 8:00 AM - 5:00 PM*
Evening/NightiWeekend
(All other days and times)
$0,20 per minute
Operator assisted calls are billed in one-minute increments with an initial billing of one
minute.
* To, but not including.
Directory Listings and Directory Assistance - Rates and Charges
Subscribers will be billed at the following rates for Directory Listings in addition to all
charges associated with the Customer s basic local service plan:
Directo Listin
Primary Listing
Non-Published Number
Non-Listed Number
Residential Additional Listing
Directory Listing Change Charge
Monthl Rate
No charge
$4,
$2,
$1.50
$5.
Directo Assistance Per Use CharDirectory Assistance $1.25
Directory Assistance Call CompletiorlJ;0.35
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
Page 75
Original
Comtel Telcom Assets LP (Acceptance Stamp)
RATE SCHEDULES (Continued)
Alternative Payment Processing Fees
The following fees apply for Customers who make payment for services rendered using
alternative payment processing options, Per use charges apply for individual transactions,
Customers may elect to enroll in CT A's Recurring Payment Plan, whereby the Customer
payment is automatically processed by CT A each month through the Customer s selected
alternative payment processing option,
One-time Payment (per use)
Online Payments (per use)
Recurring Payments
Credit Card Payment
N/C
N/C
N/C
ACH Payment
N/C
N/C
N/C
ISSUED:December 13, 2005 EFFECTIVE:January 23, 2006
By:Becky Gipson
Director - Regulatory Affairs
2440 Marsh Lane
Carrollton, Texas 75006
[phone]
C,'~I\'f-'r'i
, :~"', '
..u
, ! "
i" rf 9: EXHIBIT H
COMTEL TELCOM ASSETS LP
ilL. i , .
CJ ;!I ~ ! 0
STATEMENT OF REVIEW AND COMPLIANCE
WITH COMMISSION RULES
VERIFICATION OF COMTEL TELCOM ASSETS LP
On behalf of Comtel Telcom Assets LP, I verify that to the best of my knowledge that the
Applicant has reviewed Commission rules regarding the provision of telecommunications
services within the state of Idaho and agrees to comply with these rules. Further, I have been
given authority to execute this verification on behalf of Comtel Telcom Assets LP,
I declare under penalty of perjury that the foregoing is true and correct.
COMTEL TELCOM ASSETS LP
By:.x~
Lee Ann Wilson
Assistant Secretary
Comtel Telcom Assets LP
c/o Sowood Capital Management LP
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]
e-mail: leeann,wilson~sowood,com
(2 (r l-- Ie)
Date
SWORN TO AND SUBSCRIBED before me on this 19-
'ffJ
day of QU.PII1Qef 20Q,S'
Notary Public In and For the
Commonwealth of Massachusetts
My commission expires:
JEMIMAH JANE CHI~PS
Notary Public
~!
Commonwealth of MCls~a(husettsMy Commission E-1tpires
September 21, 2012
' C: E i V E D
Notice ofVarTec Telecom, Inc., Excel Telecommunications, Inc.
VarTec Solutions. Inc. and Comtel Telcom Assets LP ofTransfer of-A:s~et~:) 0, Iec" ,,n',
' ,
ii'! )' ,J
L'diJCComtel Telcom Assets LP ("Comtel") and VarTec Telecom, IIle, !Q'iYart~G1D;I~~~~;
Telecommunications, Inc" ("Excel") and VarTec Solutions, Inc, ("VarTec Solutions ) (together
the "VarTec Companies ) hereby notify the Idaho Public Utilities Commission ("Commission
of the acquisition by Comtel of certain assets of the VarTec Companies. In support of this
transaction and Joint Notice, the following is stated:
The Parties
Comtel
Comtel is a limited partnership organized under the laws of the State of
Texas, A copy of the Certificate of Filing issued to Comtel by the Office of the
Secretary of State in Texas is attached hereto as Exhibit A.The corporate contact
information for Comtel is as follows:
c/o Paul Winters
500 Boylston Street, 17th Floor
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]
Questions concernIng Comtel or this filing may be addressed to the
following representative:
Jeffrey A, Marks
Jessica W. Hafer
Latham & Watkins LLP
555 Eleventh Street, N,
Suite 1000
Washington, D,C, 20004-1304
Telephone: [phone]
Facsimile: [phone]
e-mail: ieffrey.marks~lw,com
iessica,hafer~lw,com
Comtel's registered agent within Idaho is as follows: National Corporate
Research, Ltd" 5481 Kendall Street, Boise, Idaho 83706,
A corporate organizational chart for Comtel is attached hereto as Exhibit
, and a list of its officers is attached as Exhibit C . Comtel is a newly formed
limited partnership whose principal business will be telecommunications, Its
general partner, Comtel Assets Inc, ("Comtel Inc,), is a Texas corporation and
owns 1 % of the equity of Comtel. Comtel's limited partner, Comtel Assets Corp,
Comtel Corp,), is a Delaware corporation, which owns 99% of the equity of
Comtel.l Comtel Inc, and Comtel Corp, are corporate holding companies located
at c/o 500 Boylston Street, 1 ih Floor, Boston, Massachusetts 02116,
Comtel Inc, and Comtel Corp, are both 100% owned by Sowood
Commodity Partners Fund III LP ("Sowood Fund III"), an investment company
organized in Delaware as a limited partnership,Sowood Commodity Partners
GP III LP ("Sowood GP III LP") is a Delaware limited partnership, and it is the
sole general partner of Sowood Fund III with a 0,2% equity interest and operating
control. The principal business of Sowood GP III LP is to serve as a corporate
holding company, and it is located at 500 Boylston Street, 1 ih Floor, Boston
Massachusetts 02116,
The remaining equity of Sowood Fund III is held by Harvard Private
It is anticipated that certain members of Comtel's management team may have the opportunity to obtain
non-controlling ownership interests in Comtel, which would reduce the interest held by Comtel Corp. In addition
such members of Comtel's management team may have the opportunity to obtain non-controlling ownership
interests in Comtel Inc.
Capital Holdings ("HPCH"), a passive, institutional investor. HPCH's principal
business is serving as an investment company. It is owned and controlled by the
President and Fellows of Harvard University, a tax-exempt educational and
research institution based in Cambridge, Massachusetts.2 The address of HPCH is
c/o Harvard Management Company, 600 Atlantic Avenue, Boston, Massachusetts
02210.
Four individuals hold limited partnership interests in Sowood GP III
and those individuals own 99% of the equity in the limited partnership, The
business address for these individuals is as follows: c/o 500 Boylston Street, 17
Floor, Boston, Massachusetts 02116.
The general partner of Sowood GP III , with a 1 interest and
operating control, is Sowood GP III LLC, a Delaware limited liability company,
The principal business of Sowood GP III LCC is to serve as a management
company. The address of Sowood GP III LLC is as follows: 500 Boylston Street
ih Floor, Boston, Massachusetts 02116.
The sole managIng member of Sowood GP III LLC is Jeff Larson,
Sowood GP III LLC also has three non-managing members: Stu Porter, Rick
Dowd and Megan Kelleher,
The VarTec Companies
VarTec and Excel are corporations organized under the laws of the State
of Texas, VarTec Solutions, which formerly operated under the corporate names
eMeritus Communications, Inc" Teleglobe Business Solutions, Inc, and Telco
Harvard University is an educational and research institution with tax-exempt status pursuant to Section
501(c)(3) of the Internal Revenue Code. According to the Harvard University Annual Financial Report for Fiscal
Year 2004, income from the University's endowment is Harvard's largest source of operating income. Harvard
Management Company ("HMC") is responsible for investing the assets of the endowment to meet the University'
needs. HMC is a subsidiary of Harvard and is governed by a board of directors appointed by President and Fellows
of Harvard University. According to the Annual Report, HMC oversees, among other investments, some 170
different private equity funds, managed by 60 different external management teams.
Holdings, Inc, d/b/a Dial & Save, is a Delaware corporation, The principal office
ofthe VarTec Companies is located at the following address:
2440 Marsh Lane
Carrollton, Texas 75006
Telephone: [phone]
Facsimile: [phone]
Questions concernIng the VarTec Companies or this filing may be
addressed to the following representative:
Becky Gipson
Director, Regulatory Affairs
VarTec Telecom, Inc.
2440 Marsh Lane
Carrollton, Texas 75006
Telephone: [phone]
Facsimile: [phone]
e-mail: bgipson~vartec.net
The VarTec Companies are privately-held corporations, VarTec Telecom
Holding Company ("VarTec Holding ), a wholly-owned subsidiary of VarTec
holds 100% of the stock of Excelcom Inc. ("Excel com ) and Telco
Communications Group, Inc. ("Telco Excelcom is the direct and sole
shareholder of Excel, and Telco is the direct and sole shareholder of VarTec
Solutions, VarTec Holding and Excelcom are Delaware corporations, and Telco
is organized in Virginia. Each is a holding company located at 2440 Marsh Lane
Carrollton, Texas 75006,
The Commission has authorized VarTec and Excel to provide competitive
local exchange and interexchange services in Idaho, VarTec received its local
exchange service authorization in Case No. GNR-01-and Excel was granted
local exchange service authorization in Case No, EXC-02-1. In addition
VarTec Solutions is authorized to provide interexchange telecommunications
services in Idaho,
Furthermore, VarTec and Excel are authorized to provide local exchange
interexchange, operator and wireless services within and throughout the United
States, and VarTec Solutions is authorized to provide interexchange services
within the contiguous United States, VarTec Solutions also holds local exchange
authority in a limited number of states, although it has not yet commenced
providing local exchange services in any jurisdiction.In addition, the Commission
has authorized VarTec to provide interexchange services to Idaho consumers
under the trade name, Clear Choice Communications, Both VarTec, including
Clear Choice Communications, and Excel primarily provide telecommunications
services to residential customers, while VarTec Solutions serves commercial
customers.
The VarTec Companies voluntarily filed for Chapter 11 bankruptcy on
November 1 , 2004 in the Dallas Division of the United States Bankruptcy Court
for the Northern District of Texas (the "Court") consolidated under Case No, 04-
8l694-HDH-ll. As part of the bankruptcy process, the VarTec Companies have
entered into the below-described asset purchase agreement ("AP A") with Comtel
Investments LLC ("Comtel Investments ), Comtel Investments, which is wholly
owned by the same parties who own and control Comtel, has assigned its rights
and obligations under the APA to Comtel as of August 1 , 2005. The APA was
executed on July 25 2005 and was approved by the Court on July 27 2005.3
II.The Transaction
See Case No. 04-81694-HDH-, Order Granting Motion (A) Approving the Sale Free and Clear of All
Liens, Claims, Rights, Interests and Encumbrances to Comtel Investments LLC and (B) Granting Related Relief
(Substantially All of the Debtors Remaining Assets) (entered July 29, 2005), available at
http://docs.bmccorp.net/Vartec/docs/txnb 3-04-bk-81694 1663.pdf.
As noted above, the VarTec Companies are operating under bankruptcy
protection. Through the AP A and the Court-approved auction process, Comtel will
ultimately acquire substantially all of the assets of the VarTec Companies, including all
telecommunications equipment, customer accounts and records, business records and
licenses and permits,The AP A provides that the ultimate transfer of the acquired
telecommunications and associated operating assets is subject to the necessary regulatory
approvals, In addition, Comtel may, as necessary, obtain up to approximately $10
million in debt financing pending consummation of the proposed transaction to fund
working capital and similar needs of the VarTec Companies. Upon consummation of the
proposed transaction, Comtel currently intends to replace such debt financing with a term
(3 to 5 year) debt instrument, Based on Comtel's present understanding of the business
it anticipates that the term debt will be approximately $50 million. This financing will
assist with the day-to-day operations of Comtel as Comtel consummates its acquisition of
the former VarTec Companies' operations , newly emerged from bankruptcy,
Once the proposed transaction is completed, the VarTec Companies will no
longer hold authorizations to provide telecommunications services as described in
Section I (B) above, These authorizations will be held by or assigned collectively to
Comtel in order that Comtel can step into the shoes of the VarTec Companies, and the
residential and commercial customers previously served by the VarTec Companies will
continue to receive services without interruption, According to Comtel's initial plans for
the business, the services provided and geographic areas served by Comtel will mirror
those currently provided by the VarTec Companies, and any enhancements to the service
offerings will be within the existing authority transferred to Comtel from the VarTec
Companies, In order to minimize confusion and concern for customers, Comtel aims to
make this transition seamless by operating under trade names and limiting all direct
impacts to existing customers (e,g" no service changes are contemplated as part of this
Application),
The interconnection and other network agreements currently allowing the VarTec
III.
Companies to provide local exchange and/or interexchange services will be transferred to
Comtel, as necessary, to continue the efforts to make a smooth transition for customers,
Comtel also initially plans to maintain the VarTec Companies' existing tariffs on file
with the Commission, Once the transaction is prepared for closing and the Commission
has granted its approval, Comtel will simply modify the corporate name on the tariffs,
This further supports Comtel's desire to transition the VarTec Companies' assets without
interruption or burden on the existing customer base.
Request for Approval to Transfer Assets; Qualifications of Comtel
Comtel seeks to notify the Commission of the transfer of assets as described in
Section II above, and simultaneously apply for specific authority to operate as a provider
of competitive local exchange and interexchange services within Idaho as requested in a
concurrent application filed by Comtel for a Certificate of Public Convenience and
Necessity to provide local exchange services,
In addition, Comtel requests the authority to provide telecommunications services
under the trade names VarTec Telecom, Clear Choice Communications, Excel
Telecommunications and VarTec Solutions, in addition to the Comtel name, This will
maximize Comtel' s available options under which it may begin its operations in the state,
Attached hereto as Exhibit D please find a copy of Comtel's authorization to conduct
business in Idaho as issued by the Secretary of State,
Following the consummation of the asset transfer, Comtel will be led by a
combination of its own management members and certain members of the existing
management team of the VarTec Companies, who are currently expected to continue in
management roles for Comtel after consummation of the transaction, Descriptions of the
backgrounds of the key management members, which demonstrate extensive experience
and expertise, are attached hereto and incorporated herein by reference as Exhibit E, In
the event that these Company representatives change, Comtel will pursue other highly
IV.
experienced executives to assume their roles to ensure that its management team is
balanced and technically qualified,
Due to the nationwide nature of the VarTec Companies' current operations
Comtel is engaged in state regulatory processes across the country in connection with the
proposed transaction, The Federal Communications Commission has issued its approval
for this transaction, and as demonstrated in the concurrent application for a certificate of
convenience and public necessity, Comtel has the requisite financial ability to acquire the
VarTec Companies assets and to become a strong competitor in the Idaho
telecommunications marketplace,
Public Interest Considerations
This transaction will serve the public interest convemence and necessity by
enabling the seamless continuation of telecommunications services to the VarTec
Companies ' existing Idaho customers, By allowing Comtel to assume control of the
VarTec Companies' assets and to obtain the necessary authorizations to provide
telecommunications services in Idaho, existing customers will have access to the services
they enjoy today as well as the potential for expanded service offerings going forward.
Due to financial restrictions, the VarTec Companies have performed extremely limited
marketing, product research and other customer retention and acquisition efforts during
2004 and 2005. Such restrictions have minimized the competitive offerings introduced to
the public and limited the VarTec Companies ability to invest in additional consumer
service offerings. Consummation of the transaction will greatly increase the financial
viability of the VarTec Companies' products and services,
Moreover, the proposed transaction can be expected to serve the public interest by
stimulating increased competition in the telecommunications market. As a new entrant
into these markets, Comtel intends to compete efficiently and effectively using the well-
established resources obtained through the AP A. More effective competition has the net
economic impact of lower consumer prices, combined with the introduction and
availability of more consumer products and services.
Request for Waiver of Slamming Rules
In further support of servIng the public interest in association with this
transaction, Comtel and the VarTec Companies intend to provide any required customer
notice of the transfer of assets to Comtel within the appropriate notice period, Such
notice would take into account all relevant state and federal notification and consent
requirements applicable to this transaction,
Additionally, out of an abundance of caution and to the extent necessary, Comtel
and the VarTec Companies hereby request a waiver from any applicable anti-slamming
regulations that may nevertheless be considered to have been violated by this transfer of
assets being made without the specific authorization and verification of each affected
customer, It would be impractical and burdensome to obtain the specific authorization of
each customer to effect the proposed transaction, Such a process would significantly
hinder the smooth transition of services,Because affected customers would not
experience any change in the quality and scope of their services, and because of the
extreme efforts to make invoicing procedures, customer service and all other matters
involving customers absolutely seamless, the notice correspondence will be sufficient to
serve the public interest. The notice correspondence will describe the transaction in
terms that are easy to understand and ensures that customers are made aware of all their
service options going forward, along with other content as may be required.
Accordingly, to the extent that the Commission deems necessary, the public interest
would be served by the grant of a waiver of anti -slamming regulations applicable to this
transaction, Comtel and the VarTec Companies request such relief from the Commission
as may be warranted.
IV.Conclusion
Comtel and the VarTec Companies submit that the information provided herein
demonstrates that the public interest, convenience and necessity would be served by the
consummation of the transaction, Please contact the undersigned if you have any
questions or require further information regarding the foregoing matters,Respectfully
submitted
Respectfully submitted
By:
COMTEL TELCOM ASSETS
c/-r!tA
Lee Ann Wilson
Assistant Secretary
Comtel Telcom Assets LP
c/o Sowood Capital Management LP
500 Boylston Street, 1 ih Floor
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]
e-mail: leeann,wilson~sowood,com
It /CJ
Date
Respectfully submitted
V ARTEC TELECOM, INC.
EXCEL TELECOMMUNICATIONS,
AND V ARTEC SOLUTIONS, INc.
INC.
/rLQ~/
Melissa A. Drennan, Esq,
Assistant Secretary
VarTec Telecom, Inc.
Excel Telecommunications, Inc. and
VarTec Solutions, Inc,
2440 Marsh Lane
Carrollton, Texas 75006
Telephone: [phone]
Facsimile: [phone]
e-mail: mdrennan~vartec.net
By:
/Jj /405Date