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Home My WebLink AboutVarTec Telecom Access Services.pdfComtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Title Page INTRASTATE SWITCHED ACCESS SERVICES TARIFF TITLE PAGE IDAHO INTRASTATE SWITCHED ACCESS SERVICES TARIFF This tariff, filed with the Idaho Public Utilities Commission, contains regulations, rates and charges applyillg to the provision of Switched Access Services for connection to intrastate communications facilities for Customers within the operating territory ofthe state ofIdaho by Comtel Telcom Assets LP d/b/a VarTec Telecom(ID with principal offices located at c/o Paul Winters, 500 Boylston Street, 17th Floor, Boston Massachusetts 02116. Switched Access Services are provided by means of wire, fiber optics, radio or any other suitable technology or a combination thereof. This tariff may be inspected, during normal business hours, at the Idaho Public Utilities Commission. 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 T elcom Assets LP d/b/a V arT ec Telecom are listed below. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Publk Utilities CommisiOIl Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho --.- .co .. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. INTRAST ATE SWITCHED ACCESS SERVICES TARIFF CHECK SHEET Pages of this tariff, as indicated pel ow, are effective as of the date shown at the bottom ofthe respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. Page Revision Page Revision Page Revision Page Revision Title Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original * New or Revised Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho Pub"c Utilities Commission Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILINGCarrollton, Texas 75006 (972) 478-3000 NA 1 -- 2006 Boise, Ide'" ..- .~.-- _" """':""-0 Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. INTRASTATE SWITCHED ACCESS SERVICES TARIFF TABLE OF CONTENTS Section Page No. Title Page ................................................................. Title Check Sheet ...................................................... ............ Table of Contents....................................... ....................... Application of Tariff ........................................................... Tariff Format ................................................................. Explanation of Symbols ......................................................... 1.0 Definitions ......................,......................................1.1 Definition of Terms ................................................2 Acronyms....................................................... RulesandRegulations ................................................... UndertakingofVarTecTelecom. .................................... Scope .................................................... Limitations ................................................ LiabilityoftheCompany ..................................... 1.4 Provision of Services ........................................ 1.5 Installation and Termination .................................. 1.6 Operation and Maintenance ................................... 1.7 Special Construction ........................................ 1.8 Refusal and Discontinuance of Service . . . . . . . . . . . . . . . . . . . . . . . . . 34 1.9 Switched Access Service Obligation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~bHc Utilities Commission OffIce of the Secreta" ACCEPTED FOR FILING MAY 1 - 2006 Boise. rcraao Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. INTRASTATE SWITCHED ACCESS SERVICES TARIFF Section 2.2 2.4 TABLE OF CONTENTS (Continued) Page No. Obligations of the Customer ........................................ Design of Customer Services............................... ... 2.2.Connections ............................................... 2.2.3 Equipment SpaceandPower ................................. 2.4 DamagestoVarTecFacilities ................................. Claims ................................................... Prohibited Uses ............................................ Customer Reporting ............................................... Jurisdictional .............................................. 2.3.Code Screening Reports................................... ... Trunk Group Measurements Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4 MeetPointBilling .......................................... NoticesandCommunication ........................................ Allowances for Interruptions in Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 General................................................... Credit Allowances .......................................... 5.3 Limitations ................................................ Customer Equipment and Channels.............................. ..... Station Equipment .......................................... Interconnection of Facilities............................. ...... Inspections ................................................ BillingandPaymentRegulations...... ... ............... ...... ...... . Billing and Collection of Charges .............................. 58 2 PaymentofRatesandCharges................................. Taxes .................................................... 7.4 AdvancePayments.......................................... Deposits .................................................. Past Due Charges ........................................... RetumedCheckCharge ...................................... Application and Cancellation of Service by Customer . . . . . . . . . . . . . . . . . . . . 64 Discontinuance of Service by Customer . . . . . . . . . . . . . . . . . . . . . . . . . 65 Issued: March 20, 2006 BY: Effective: May 1,2006 Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities Commission OffIce of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MA 1 - 2006 Boise, Idaho -----. -'H~",.:.:...........I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. INTRAST ATE SWITCHED ACCESS SERVICES TARIFF Section Switched Access Service .................................................1 General......................................................... ServiceCommencementDate ................................. Service Cancellation Date .................................... Provision and Description of Switched Access Service Arrangements. . . . . . . . 72 3.2.FeatureGroupAccess ....................................... 3.2.2 Manner of Provision ........................................ Call Types ................................................ 3.2.4 OriginatingFGAccess....................................... Originating800FGAccess ................................... 3.2.TerminatingFGAccess ...................................... Ordering Options ................................................. Ordering Conditions.................................... ..... 3.2 Minimum Period of Service................................... 75 ReportsandTestingl............................................... 3.4.DesignLayoutReport ....................................... 3.4.AcceptanceTesting ......................................... 3.2 3.4 TABLE OF CONTENTS (Continued) Page No. ServiceDisputeResolution ......................................... TransfersandAssignments ......................................... JointlyProvidedAccessServices .................................... SwitchedAccessRates ..................................................1 General......................................................... RateCategories .................................................. CommonLine ............................................. Switched Transport ......................................... 2.3 EndOfficeSwitching........................................ 2.4 Toll-Free8XXDatabaseQuery ................................ 4.2.Optional Features ........................................... Billing of Access Minutes ..........................................4.3 Effective: May 1,2006Issued: March 20, 2006 BY:Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Boise, Idalto ._---. ,-..- Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. INTRAST A TE SWITCHED ACCESS SERVICES TARIFF TABLE OF CONTENTS (Continued) Section Page No. 4.4 Timing of Calls .................................................. RatesandCharges ................................................ Carrier Common Line Charges ................................ 5.2 Common Transport ......................................... Local Switching ............................................ 5.4 Toll-FreeDatabaseQuery .................................... Local and OEAS Traffic Exchange and Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . 821 General......................................................... Ordering Conditions.................................... ........... LocalandOEASTrafficCompensation ............................... Contracts and Individual Case Basis Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Contracts ....................................................... Individual Case Basis Arrangements .................................. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities CommbsiOl 2440 Marsh Lane ACC~~ce of the Secretary Carrollton, Texas 75006 TED FOR FILING (972) 478-3000 MAY 1 - 2006 Boise, Idaho -,-_. . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. INTRAST ATE SWITCHED ACCESS SERVICES TARIFF APPLICATION OF TARIFF This tariff contains regulations, rates and charges applicable to the provision of Carrier Common Line Switched Access, and other miscellaneous services, hereinafter referred to collectively as service(s), provided to Customers by VarTec. The operating territory of V arT ec comprises the geographic areas for which V arT ec is certified to operate in the state ofldaho. These areas are specified by identification of the exchanges established by V arT ec for the administration of communications services. Not all services described in this tariff are available from every wire center. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson ~. Idaho Public Utilities Commissionlrector - egu atory J.alrs Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 - 2006 Boise. Idaho -"" . -:,. ; Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. INTRASTATE SWITCHED ACCESS SERVICES TARIFF TARIFF FORMAT Page Numbering - Page numbers appear in the upper right hand comer 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 Page Nos. 3 and 4 would be numbered 3. Page Revision Numbers - Revision numbers also appear in the upper right comer of each page. These numbers are used to determine the most current page version on file with the Commission. For example the 4th revised Page 25 cancels the 3rd revised Page 25. Because of various suspension periods, deferrals etc. the Commission follows in the tariff approval process, the most current page number on file with the Commission is not always the tariff page in effect. Paragraph Numbering Sequence - There are various levels of alphanumeric coding. Each level of coding is subservient to its next higher level. The following is an example of the numbering sequence suggested for use in tariffs. 2.1 1.1.A 2.1.1.A.1 2. 1. LA. 1. (a) J\.(a). A.1.(a).(i) 1.A.l.(a).(i)(1) Check Sheet - When a tariff filing is made with the Commission, an undated check sheet accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is updated to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). The tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the Commission. Issued: March 20, 2006 BY: Effective: May 1, 2006 Becky Gipson Ida t:.IC I"tles CommissiOllDirector - Regulatory Affairs Office of the Secretaly 2440 Marsh Lane ACCEPTED FOR FiliNG Carrollton, Texas 75006 (972) 478-3000 - 2006 Boise, Idaho -~.-.:~.- Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 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 ofthe following symbols: (C) (D) (I) (M) (N) (R) (S) (T) (Z) to signify changed regulation to signify discontinued rate, regulation, or text to signify increased rates to signify material relocated from one leaf to another without change to signify new rate, regulation, or text to signify reduced rate to signify reissued material to signify a change in text, but no change in rate or regulation 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 ofthe page which clearly shows the exact number oflines being changed. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissi Office of the Secretary Oft ACCEPTED FOR FILING NAY 1 - 2006 Boise, Idaho "-'-..-. .. ~. -- I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS 1.1 Definitions of Terms 800 Number Portability Access Service - Denotes a service that includes toll-free access services using the following dialing plans: 800 888 877 866 855 844 833 and 822. 800 as used throughout this tariff, includes all 800-type toll-free dialing plans. 800 Service Provider - Denotes the entity that offers 800 access services to 800 subscribers. 8XX Data Base Access Service - A toll-free originating Trunkside Access Service when the 8XX Service Access Code (i.800 822, 833 , 844, 855, 866, 877 or 888 as available) is used. Access Code - A uniform seven digit code assigned by V arT ec to an individual Customer. The seven digit code has the form 101XXXX or 950-XXXX. Access Customer Name Abbreviation - Denotes a three alpha character code that identifies the Customer to which the Access Service bill is rendered. Access Minutes - Denotes that usage of exchange facilities in intrastate service for the purpose of calculating chargeable usage. On the originating end of an intrastate call, usage is measured from the time the origination End User s call is delivered by VarTec and acknowledged as received by the Customer s facilities connected with the originating exchange. On the terminating end of an intrastate call, usage is measured from the time the call is received by the End User in the terminating exchange. Timing ofthe usage at both originating and terminating end of an intrastate call shall terminate when the calling or called party disconnects, whichever event is recognized first in the originating and terminating end exchanges, as applicable. Those two times are measured by the receipt of a signal known as answer/disconnect supervision. Access minutes is also described in Section (Switched Access Service). Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public UtiHties Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise. Idaho '" - - Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 10 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Access Services - Originating or terminating intrastate switched access services provided by VarTec to telecommunications carriers that access V arTec' s End-Users via VarTec local exchange network. Switched Access to the network of an Interexchange Carrier for the purpose of originating or terminating communications. Access Service Request - The industry service order format used by Access Service Customers and access providers as agreed to by the Ordering and Billing Forum. Access Tandem - An Exchange Carrier s switching system that provides a concentration and distribution fimction for originating or terminating traffic between End Office Switches and Customers ' premises. AnswerlDisconnect Supervision - The transmission of the switch trunk equipment supervisory signal (off-hook or on-hook) to the IXC point of connection for terminating calls to the exchange as an indication that the called party has answered or disconnected. Authorized Dser - A person, firm, corporation or other entity that either is authorized by the Customer to use Access Services or is placed in a position by the Customer, either through acts or omissions to use Access Services. Billing Account Number (BAN) - Denotes a code that identifies the Customer s billing account to which Access Services are billed. Business Day - Denotes the times of day that VarTec is open for business. Generally, these are 8:00 or9:00 AM. to 5:00 or6:00 P., respectively, with an hourforlunch Monday through Friday, resulting in a standard forty (40) hour work week. However Business Day hours for VarTec may vary based on company policy, union contract and location. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho PubHc Utilities Commission Office of the Secretary ACCEPTED FOR FILING NAY 1- 2006 Boise, Idaho '-'-- .-- -"" -:._ - I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 11 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Call - An attempt for which the complete destination code (e., 950-XXXX 101 XXXX#, 0- or 00-) is provided in the originating direction or a complete destination code is provided in the terminating direction. Calling Station - The telephone number from which a Call originates. Called Station - The telephone number called. Carrier or Common Carrier - See Interexchange Carrier or Exchange Carrier. An entity other than VarTec that provides telecommunications services. Carrier Identification Code - Denotes a numeric code that is assigned by T elcordia to long distance carriers for the provisioning of Feature Group Band/or D trunk side Access Service. The numeric code uniquely identifies the carrier. Carrier Customer - A Carrier that accesses the networkofVarTec to reach End-U sers who are not telecommunications carriers, and subsequently receives intrastate switched access service from V arT ec. A Carrier that purchases exchange access service from VarTec is responsible for the payment of charges and compliance with VarTec regulations and applicable state law. Central Office - Denotes a local Company switching system where Telephone Exchange Service Customer station loops are terminated for purposes of interconnection to each other and to trunks. Channel(s) - Denotes an electrical or photonic, in the case of fiber optic based transmission systems, communications path between two or more points of termination. Co-Carrier - Any other Telecommunications provider authorized by the Commission to provide local exchange service in the state. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Idaho Public Utilities CommissionDirector - Regulatory Affairs Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 NAY 1- 2006 Boise, Idaho . ..-" ..!" Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 12 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Commission - Idaho Public Utilities Commission. Common Channel Signaling (CCS) - A high-speed packet switched communications network which is separate (out of band) from the public packet switched and message networks. It is used to carry addressed signaling messages for individual trunk circuits and/or database related services between signaling points in the CCS network. Common Line - Denotes a line, trunk, pay telephone line or other facility provided under the general and/or local exchange service tariffs ofVarT ec, terminated on a central office switch. A common line-residence is a line or trunk provided under the residence regulations of the general and/or local exchange service tariffs. A common line-business is a line provided under the business regulations of the general and/or local exchange service tariffs. Company, the - Comtel Telcom Assets LP d/b/a VarTec Telecom Constructive Order - Delivery of calls to or acceptance of calls from V arT ec' sEnd User locations over VarT ec-switched local exchange services constitutes a Constructive Order by the Customer to purchase switched access services as described herein. Similarly, the selection by a Company s End User of the Customer as the pre subscribed IXC constitutes a Constructive Order of Switched Access by the Customer. Customer(s) - Any individual, partnership, association, joint-stock company, trust corporation or governmental entity or any other entity which uses or subscribes to the services offered under this tariff, including Interexchange Carriers (IXCs), End Users and Exchange Carriers providing intrastate communications between two or more exchanges. Disconnect - To render inoperable or to disable circuitry thus preventing outgoing and incoming toll communications service. ISSDED: May 23, 2003 EFFECTIVE: June 6, 2003 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho .,---.--.. - .' ' .. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 13 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) End Office - A local Telephone Company switching system where Telephone Exchange Service Customer station loops are terminated for purposes of interconnection to each other and to trunks. End Office Switch - Denotes a local Company switching system where Telephone Exchange Service Customer station loops are terminated for purposes ofinterconnection to trunks. Included are Remote Switching Modules (RSM) and Remote Switching Systems (RSS) served by a host office in a different wire center. End D ser - Any Customer of an intrastate telecommunications service that is not a carrier except that a carrier other than the Company shall be deemed to be an "end user" when such carrier uses a telecommunications service for administrative purposes and a person or entity that offers telecommunications services exclusively as areseller shall be deemed to be an "end user" if all resale transmissions offered by such reseller originate on the premises of such res eller. Any individual, association, corporation, governmental agency or any other entity other than an IXC which subscribes to intrastate service provided by an Exchange Carrier and in whose name the telephone number of the Calling Station is registered with the underlying local exchange company. Entrance Facility - A Switched Transport facility between a Company serving wire center and a Customer premises that provides a Customer with dedicated transport from the serving wire center to the Customer s premises. A trunk facility connecting the Customer s point of presence with the local switching center. Exchange - Denotes a unit, generally smaller than a Local Access and Transport Area established by VarTec for the administration of communications service in a specified area which usually embraces a city, town or village and its environs. It consists of one or more central offices together with the associated facilities used in furnishing communications service within that area. One or more designated exchanges comprises a given Local Access and Transport Area. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs Idaho Public Utilities Commission2440 Marsh Lane Office of the Secretary Carrollton, Texas 75006 ACCEPTED FOR FILING (972) 478-3000 MAY 1 - 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 14 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Exchange Carrier - Any individual, partnership, association joint-stock company, trust governmental entity or corporation engaged in the provision oflocal exchange telephone servIce. Facility - Denotes anyone of the elements of physical telephone plant that is needed to provide access service, including switching systems, cables, fiber optic and microwave radio transmission systems. Feature Group - Denotes a category of Switched Access Service differentiated by the technical characteristics, e., line side vs. trunk side connection at a VarTec entry switch. Firm Order Confmnation (FOC) - Acknowledgment by V arT ec of receipt of an Access Service Request from the Customer and commitment by VarTec of a Service Date. Holiday - For the purposes ofthis tariff, recognized holidays are New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Host Office - Denotes an electronic switching system which provides call processing capabilities for one or more Remote Switching Modules or Remote Switching Systems. Immediately Available Funds - Denotes a corporate or personal check drawn on a bank account and other funds which are available for use by the receiving party on the same day on which they are received and includes U.S. Federal Reserve bank wire transfers, U.S. Federal Reserve notes (paper cash), U.S. coins, U.S. Postal Money Orders and New York Certificates of Deposit. Incomplete - Any Call where voice transmission between the Calling and Called station is not established. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs Idaho Public Utilities Commission 2440 Marsh Lane Office of the Secretary lit 75006 ACCEPTED FOR FILINGarro on, exas (972) 478-3000 MAY 1 - 2006 Boise. Idaho ,-- ----'!.- . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 15 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Individual Case Basis - A condition in which the regulations, if applicable, rates and charges for an offering under the provisions of this tariff are developed based on the circumstances in each case. A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer s situation. Interexchange Carrier or Interexchange Common Carrier - Any individual partnership, association joint-stock company, trust, governmental entity or corporation engaged for hire in intrastate communication by wire or radio, between two or more exchanges. International Direct Distance Dialing - Denotes the capability of switching international calls with service prefix and address codes having more digits than are capable of being switched through a standard FGD equipped end office. Interstate Communications - Denotes both interstate and foreign communications. Intrastate Communications - Any communications within the state ofldaho subject to oversight by the Commission as provided by the laws of the state of Idaho. Line Information Database - The database which contains basic information such as telephone numbers, calling card numbers and associated billed number restriction data used in connection with the validation and billing of calls. Line Side Connection - Denotes a connection of a transmission path to the line side of a local exchange switching system. Local Access - The connection between a Customer s premises and a point of presence of the Exchange Carrier. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissioa Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise. Idaho . .... ,: :.. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho C. Tariff Original Page No. 16 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Local Access and Transport Area - A geographic area established for the provision and administration of communications service. It encompasses one or more designated exchanges, which are grouped to serve common social, economic and other purposes. Local Switching Center - The switching center where telephone exchange service Customer station Channels are terminated for purposes of interconnection to each other and to interoffice Trunks. Local Traffic - A call which originates and terminates in the same exchange area, or a call which originates and terminates within different VarT ec exchanges that share a common mandatory local calling area (e., a mandatory Extended Local Calling Service (ELCS) or Extended Area Service areas (EAS) or other like types of mandatory local calling scopes. Calls to or from a Wireless Provider do not constitute Local Traffic, and are therefore subject to V arT ec' s switched access charges, if they are either (1) interMT A or (2) the Wireless Provider does not have a direct connection to V arTec' s facilities without the use of an intermediary carrier. Meet Point - A point of interconnection that is not an End Office or tandem. Meet Point Billing - The arrangement through which multiple Exchange Carriers involved in providing Access Services, divide the ordering, rating, and billing of such services on a proportional basis, so that each Exchange Carrier involved in providing a portion ofthe Access Service agrees to bill under its respective tariff. Message - A completed telephone Call by a Customer or User. Mobile Telephone Switching Office - Location where the wireless Customer maintains a facility for purposes of interconnecting to VarTec s Network. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissio8 Office of the SecretaryACCEPTED FOR FILING MAY I - 2006 Boise. Idaho ". . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 17 INTRAST A TE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Mutual Traffic Exchange - A compensation arrangement between certified local exchange service providers where local exchange service providers pay each other " kind" for terminating local exchange traffic on the other s network. Network Services - V arT ec' s telecommunications Access Services offered on VarT ec' s network. Non-Recurring Charges - One-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees, for which the Customer becomes liable at the time the Service Order is executed. Normal Business Hours - The hours of8:00 a.m. to 5:00 p., Monday through Friday, excluding Holidays. North American Numbering Plan - Denotes a three-digit Numbering Plan Area (NP A) code and a seven-digit telephone number made up of a three-digit Central Office code plus a four-digit station number. Off-Hook - The active condition of Switched Access or a telephone exchange service line. On-Hook - The idle condition of Switched Access or a telephone exchange service line. Optional Expanded Area Service Traffic - Optional service found in large urban areas fmanced by separate charges on end users that elect service as defined by a tariff approved by the Commission. Out of Band Signaling - An exchange access signaling feature which allows Customers to exchange call control and signaling information over a communications path which is separate from the message path. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Pubtic Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 18 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Point of Presence - Location where the Customer maintains a facility for purposes of interconnecting to VarTec s Network. Presubscription - An arrangement whereby an End User may select and designate to VarTec an IXC or Carrier it wishes to access, without an Access Code, for completing bothintraLATA toll calls and/orinterLATA toll calls. The selectedIXC(s) is/are referred to as the End User s Primary Interexchange Carrier (PIC). Query - Denotes a request for specific information generated by a computer processor , and sent to an application, i., a data base, with a predefined set of possible responses. Rate - Money, charge, fee or other recurring assessment billed to Customers for services or equipment. Remote Switching Modules or Remote Switching Systems - Denotes small, remotely controlled electronic end office switches which obtain their call processing capability from an electronic switching system type Host Office. The RSM/RS S cannot accommodate direct trunks to a Customer. Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration ofthe service. Service(s) - VarTec s Telecommunications Access Services offered on VarTec network. Service Control Point - Denotes a transaction processor based system that provides a network interface to various data base services. For 800 Number Portability Access Service, the SCP contains routing instructions for 800 service records that weredownloaded from the SMS/800. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 .~ 2006 Boise, Idaho . ...~ '--.. . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 19 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Service Order - A written request for Network Services executed by the Customer and V arT ec in a format devised by V arT ec; or in the alternative, the submission of an Access Service Request by the Customer in the manner specified in this tariff. Service Outage - A complete loss of call origination and/or receipt capability which begins when the IXC reports the outage to VarTec and ends when the affected circuit and/or associated V arT ec equipment is fully operational in accordance with the technical specifications. Service Termination - Denotes the connection of Access Service at a Customer premIses. Serving Wire Center - Denotes the end office from which the Customer premises would normally obtain dial tone from VarTec for Access Service purposes. Shared Customer - Any entity included within the definition of Customer above that receives services from and is under obligation to VarTec and one or more Carrier- Customers simultaneously. Signaling Point of Interface - The Customer designated location where the SS7 signaling information is exchanged between VarTec and the Customer. Signaling System 7 - The signaling protocol Version 7 used in the Common Channel Out of Band Signaling network based on the AmericanNational Standards Institute (ANSI) standards. Subtending End Office of an Access Tandem - Denotes an end office that has final trunk group routing through the tandem. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise. Idaho ~- Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 20 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Switched Access Service - Access to the switched network of an Exchange Carrier for the purpose of originating or terminating communications. Tandem-Switched Transport Facility - Denotes a Switched Transport facility between a Company hub office (when multiplexing occurs at an office other than the serving wire center) and an end office that provides a Customer with transport to or from the end office by routing through an access tandem. Telephone Company - Any individual, partnership, association, joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in providing public switched communications service throughout an exchange area, and between exchange areas within the LATA. Terminating Direction - Denotes the use of Access Service for the completion of calls from an IC premises to an End User premises. Transmission Path - Denotes an electrical path capable of transmitting signals within the range of the service offering. A voice grade transmission path is capable of transmitting voice frequencies within the approximate range oBOO to 3000 Hz. A transmission path is comprised of physical or derived channels consisting of any form or configuration of facilities typically used in the telecommunications industry. Trunk - A communications path connecting two switching systems in a network used the establishment of an end-to-end connection. Trunk Group - Denotes a set of trunks which are traffic engineered as a unit for the establishment of connections between switching systems in which all of the communications paths are interchangeable. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idallo .... .:- - ...-----. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 21 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.1 Definitions of Terms (Continued) Trunk Side Connection - Denotes the connection of a transmission path to the trunk side of a local exchange switching system. V and H Coordinates Method - Denotes a method of computing airline miles between two points by utilizing an established formula which is based on the vertical (V) and . horizontal (H) coordinates of the two points. VarTec Telecom - Comtel Telcom Assets LP d/b/a VarTec Telecom VarTec - Comtel Telcom Assets LP d/b/a VarTec Telecom Wireless Provider - Any carrier authorized to operate as a provider of cellular, personal communications, paging or other form of wireless transmission. 1.2 Acronyms ACNA -Access Customer Name Abbreviation ANI Automatic Number Identification ASR -Access Service Request BAN -Billing Account Number BNA -Billing Name and Address CCL -Carrier Common Line CCS -Common Channel Signaling CIC Carrier Identification Code Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho ,. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 22 INTRAST A TE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.2 Acronyms (Continued) FOC - ICB IDDD - IXC LATA - LEC - LIDB - NANP - NPAS - NRC - OEAS - PIC PICC - PID Firm Order Confirmation Feature Group Interexchange Carrier Individual Case Basis International Direct Distance Dialing Interexchange Carrier Local Access and Transport Area Local Exchange Carrier Line Information Database North American Numbering Plan Number Portability Access Service Non-Recurring Charges Optional Expanded Area Service Traffic Primary Interexchange Carrier Presubscribed Interexchange Carrier Charge Percent Interstate Usage Effective: May 1, 2006Issued: March 20, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissiolt Office of the Secretary ACCEPTED FOR FILING NAYI - 2006 Boise, Idaho .. - - -'-'- - . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 23 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 1.0 DEFINITIONS (Continued) 1.2 AcrQnyms (Continued) POP Point of Presence RSM Remote Switching Modules RSS Remote Switching Systems SCP Service Control Point SS7 Signaling System 7 Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1- 2006 Boise. Idaho , ....:....... j Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 24 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS Undertaking ofVarTec Telecom 1.1 Scope VarTec s services and facilities are furnished for communications originating at specified points within the state of Idaho under the terms of this tariff. V arT ec installs, operates and maintains the communications services provided hereinunder in accordance with the terms and conditions set forth under this tariff. The provision of such services by VarTec as set forth in this tariff does not constitute a joint undertaking with the Customer for the furnishing of any service. VarTec may act as the Customer s agent for ordering access connection facilities provided by other Carriers or entities, when authorized by the Customer, to allow connection of a Customer s location to the network. VarT ec' s services and facilities are provided on a monthly basis unless otherwise stated, and are available twenty-four hours per day, seven days per week, except as set forth in other sections of this tariff. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho ~. - "':'-- J Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 25 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.2 Limitations Service is offered subject to availability on a continuing basis ofthe necessary facilities and/or equipment, and subjectto the provisions of this tariff. Service is limited to the capacity of V arT ec' s facilities as well as facilities V arT ec may obtain from other Carriers to furnish service from time to time as required, at V arT ec' s sole discretion. VarTec reserves the right to negotiate special terms and conditions (i., special promotions) with a particular Customer provided an agreement is reached and signed with the Customer. VarTec does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. The Customer may not transfer or assign the use of service or facilities without the express written consent ofVarT ec. Such transfer or assignment shall only apply where there is no interruption of the use or location of the service or facilities. The use and restoration of VarTec s services shall be in accordance with applicable state and federal rules and regulations. Issued: March 20, 2006 BY: Effective: May 1,2006 ~cky Gipson Idaho Public Utilities CommissionDIrector - Regulatory AffaIrs Office of the Secretary 2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY I - 2006 Boise. Idaho ......:_. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 26 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.3 Liability of the Company In the event that terms and conditions set forth herein and following conflict with state law, state law will prevail. VarTec shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage) for any interruption, delay, error, omission, or defect in any service, facility (including services and facilities involved in emergency calling activity) or transmission provided under this tariff, if caused by any person or entity other than VarTec, by any malfunction of any service or facility provided by any other Carrier, by an act of God, fire, war, civil disturbance, or act of government, or by any other cause beyond VarTec s direct control. VarTec shall not be liable for and shall be fully indemnified and held harmless by Customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion of privacy, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted by, handled or used by V arT ec under this tariff; for connecting, combining or adapting VarTec s facilities with Customer apparatus or systems, or for any act or omission of the Customer; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use, or removal of equipment or wiring provided by VarTec, if not caused by the willful misconduct of V arT ec, for failure to provide service, or arising out of any act or omission of the end user in the course of using services provided pursuant to this tariff. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities CommissiQft . ACC fflce of the Secretary TED FOR FILING MAY 1 - 2006 Boise, Idaho ... .....=- I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 27 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.3 Liability of the Company (Continued) V arT ec shall not be liable for any defacement of or damages to the premises of a Customer, resulting from the furnishing of service, including the installation and removal of equipment and associated wiring, which is not the result of V arT ec' s willful misconduct. Except when a court of competent jurisdiction finds that willful misconduct on V arT ec' s part has been a contributing factor, the liability ofVarT ec for any claim or loss, expense or damage (including indirect, special or consequential damage) for any interruption, delay, error, omission, or defect in any service, facility (including services and facilities involved in emergency calling activity) or transmission provided under this tariff shall not exceed an amount equivalent to the prorata charge to the Customer for the period of service or facility usage during which such interruption, delay, error, omission or defect occurs. For the purpose of computing this amount, a month is considered to have thirty (30) days. The entire liability of V arT ec for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to VarTec by the Customer for the specific services giving rise to the claim, and no action or proceeding against V arT ec shall be commenced more than one (1) year after the service is rendered. No agent or employee of any other Carrier shall be deemed to be an agent or employee ofVarT ec, except independent sales agents who may from time to time be employed by another Carrier and have received V arT ec' s express consent to act as VarTec s agent. V arT ec does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. VarTec shall be indemnified, defended and held harmless by the Customer from any and all claims by any person relating to the Customer s use of the services so provided. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissiolt Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idaho . ,- ..,.....: :. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 28 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.3 Liability of the Company (Continued) The Telephone Company shall be indemnified, defended and held harmless by the Customer, against any claim, loss or damage arising from the use of services offered under this tariff including, but not limited to claims by subscribers to services provided to the Customer, and users of services provided by or resold by the Customer. No license under patents (other than the limited license to use) is granted by VarTec or shall be implied or arise by estoppel, with respect to any service offered under this tariff. VarT ec will defend the Customer against claims of patent infringement arising solely from the use by the Customer of services offered under this tariff and will indemnify such Customer for any damages awarded based solely on such claims. V arT ec makes no warranties or representations, express or implied either in fact or by operations of law, statutory or otherwise, including warranties of merchantability or fitness for a particular use, except those expressly set forth herein. VarTec shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities. The liability of V arT ec for errors in billing that result in overpayment by the Customer shall be limited, unless otherwise ordered by the Commission, to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 29 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.4 Provision of Services V arT ec will provide to the Customer, upon reasonable notice, services offered in this tariff at the specified rates and charges, to the extent that such services are or can be made available with reasonable effort and after provisions have been made for V arT ec' s Local Telephone Exchange Service. V arT ec reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by V arT ec, when necessary because of a lack of facilities, or due to any other cause beyond VarTec s control. In the event that the Customer s request cannot be fulfilled with existing facilities and equipment or the request is not consistent with VarTec s filed tariffs alternative designs may be provided by VarTec. Additionally, V arT ec will work with the Customer to reach an agreeable solution. Standard jacks are used where appropriate to terminate services. VarTec will make reasonable effort to work cooperatively with the Customer to develop network contingency plans in order to maintain maximum network capability following natural or man-made disasters which affect telecommunications services. V arT ec 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. V arT ec does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities CommissiOll Office of the Secretary ACCEPTED FOR FlUNG NAY 1 - 2006 Boise, Idaho . ..' . :.... I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 30 INTRASTATE SWITCHED ACCESS SERVICES TARIFF 2~0 RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.4 Provision of Services (Continued) The services provided under this tariff shall be maintained by VarTec. VarTec shall use reasonable efforts to maintain facilities and equipment furnished to the Customer by V arT ec. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities or equipment provided or installed by VarTec, except upon the written consent ofVarTec. VarTec reserves the reasonable right to assign, designate or change telephone numbers, any other call number designations associated with Access Services or VarTec serving central office prefixes associated with such numbers, when necessary, in the conductofVarTec s business. Should it become necessary to make a change in such numbers, V arT ec will furnish to the Customer, by Certified u.S. Mail on two (2) months' notice, the effective date and an explanation of the reasons for such changes. Except as provided for equipment and systems subj ect to state and federal rules and regulations, V arT ec may, where such action is reasonably required in the operation of its business: Substitute, change or rearrange any facilities used in providing service under this tariff, including but not limited to: - substitution of different metallic facilities - substitution of Carrier or derived facilities for metallic facilities used to provide other than metallic facilities and - substitution of metallic facilities for Carrier or derived facilities used to provide other than metallic facilities; Change minimum network protection criteria; Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise. Idaho ..-..--.. - ' --. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 31 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.4 Provision of Services (Continued) Change operating or maintenance characteristics of facilities; or Change operations or procedures ofVarTec. VarTec reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulatory rules and standards of the Commission. Installation and Termination At the Customer s request, installation and/or maintenance may be performed outside V arT ec' s regular business hours or in unusual locations. In such cases charges based on cost of the actual labor, material, or other costs incurred by or charged to V arT ec will apply. If installation is started during regular business hours but, at the Customer s request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours additional charges may apply. All services offered are subj ect to the rules and regulations of the Commission as they apply. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities CommissiOfl OffIce of the Secretary 2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 - 2006 Boise, Idaho .-. .:.;.. j Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 32 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.6 Operation and Maintenance The Customer or others may not rearrange, move, disconnect, remove or attempt to repair any facilities provided by VarTec, other than by connection or disconnection to any interface means used, except with the written consent of VarTec. The services provided under this tariff shall be available to VarTec at times mutually agreed upon in order to permit VarTec to make tests and adjustments appropriate for maintaining the services in satisfactory operating condition. Such tests and adjustments shall be completed within a reasonable time. No credit will be allowed for any interruptions involved during such tests and adjustments. The characteristics and methods of operation of any circuits, facilities or equipment provided by any Carrier other than VarTec and associated with the facilities utilized to provide services under this tariff shall not interfere with or impair service over any facilities of VarTec, its affiliated companies or its connecting and concurring Carriers involved in its services, cause damage to their plant, impair the privacy of any communications carried over their facilities or create hazards to the employees of any of them or the public. 1.7 Special Construction Subject to the arrangement ofVarTec and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken and characterized by one or more of the following: where facilities are not presently available and there is no other requirement for the facilities so constructed; Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Q)mmission OffIce of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho -. " .:... I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 33 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1. 7 Special Construction (Continued) of a type other than that which VarTec would normally utilize in the furnishing of its services; where facilities are to be installed over a route other than that which VarTec would normally utilize in the furnishing of its services; where facilities are requested in a quantity greater than that which V arT ec would normally construct; where installation is on an expedited basis; on a temporary basis until permanent facilities are available; installation involving abnormal costs; or in advance of its normal construction schedules. Special construction charges for Switched Access Service will be determined on an individual case basis. The basis for charges for special construction are not specified in VarTec s tariff; therefore, charges will be based upon the costs incurred by VarTec (including return) and may include the following: a) nonrecurring charges; b) recurring charges; c) termination liabilities, or any combination thereof. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utmties Commission Office of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise, Idaho . '-. -4'. . .~.. .:~.. j Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho C. Tariff Original Page No. 34 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.8 Refusal and Discontinuance of Services V arT ec reserves the right to discontinue or limit service without the Customer permission and without prior notice when necessitated by conditions beyond VarTec s control, or when the Customer is using service in violation of provisions of this tariff, or in violation of the law or Commission rules and regulations. On thirty (30) days' written notice by Certified U.S. Mail (return receipt requested) to the person designated by that Customer to receive such notices noncompliance, VarTec may: Refuse additional applications for service and/or refuse to complete any pending orders for service by the noncomplying Customer at any time thereafter. If V arT ec does not refuse additional applications for service on the date specified in the thirty (30) days' notice, and the Customer noncompliance continues, nothing contained herein shall preclude VarTec s right to refuse additional applications for service to the noncomplying Customer without further notice; or Discontinue the provision of the services to the noncomplyillg Customer at any time thereafter. In the case of such discontinuance, all applicable charges, including termination charges, shall become due. IfVarTecdoes not discontinue the provision of the services involved on the date specified in the thirty (30) days' notice and the Customer s noncompliance continues, nothing contained herein shall preclude VarTec s right discontinue the provision of the services to the noncomplyillg Customer without further notice. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho PubHc Utilities CommissiOft Office of the Secretary ACCEPTED FOR FILING NAY 1 -- 2006 Boise. Idaho ..-.... .:-- I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 35 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.8 Refusal and Discontinuance of Services (Continued) Upon condemnation of any material portion of the facilities used by VarTec to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, VarTec, by notice to the Customer, may discontinue or suspend service without incurring any liability. Upon nonpayment of any amounts owing to VarTec, VarTec may, by giving requisite prior written notice to the Customer discontinue or suspend service without incurring any liability. When access service is provided by more than one Carrier, the Carriers involved in providing the joint service may individually or collectively deny service to a Customer for nonpayment. Where the Carriers affected by the nonpayment are incapable of effecting discontinuance of service without cooperation from the other joint providers of Switched Access Service, such other Carriers will, iftechnically feasible, assist in denyillg the joint service to the Customer. Service denial for such joint service will only include calls which originate or terminate within, or transit the operating territory of the Carriers initiating the service denial for nonpayment. When more than one of the joint providers must deny service to effectuate termination for nonpayment, in cases where a conflict exists in the applicable tariff provisions, the tariff regulations of VarTec shall prevail for joint service discontinuance provisions. IfNECA notifies V arT ec that the Customer has failed to comply with rules and regulations related to Lifeline Assistance and the Universal Service Fund, including any Customer s failure to make payments on the date and times specified therein VarTecmay, on thirty (30) days' written notice to the Customer by Certified u.S. Mail, refuse additional applications for service, refuse to complete any pending orders for service or discontinue the provision of service to the Customer. In the case of discontinuance, all applicable charges, including termination charges, shall become due. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission OffIce of the SecretaryACCEPTED FOR FILING MAY 1 ~ 2006 Boise, Idaho --_. ...-.. .~~.- , Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 36 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.8 Refusal and Discontinuance of Services (Continued) In the event of a dispute between a Customer and V arT ec regarding any bill for access service, the Customer s service shall not be subject to discontinuance for nonpayment of that portion of a bill under dispute pending the resolution ofthe dispute. The Customer is obligated to pay any portion of the bill not under dispute however, under the provisions of the tariff. If any Customer-provided or End User-provided equipment is used with facilities provided by V arT ec in violation of any law or any of the provisions in this tariff V arT ec 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 telephone 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 confinn in writing to VarTec within five (5) 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 V arT within the time stated above shall result in interruption of the service of the Customer creating the violation. Upon any governmental prohibition, or required alteration of the services to be provided or any violation of an applicable law or regulation, VarTec may immediately discontinue service without incurring any liability. Upon VarTec s discontinuance of service to the Customer, VarTec may, in addition to all other remedies that may be available to V arT ec at law or in equity or under any other provision ofthis tariff, 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. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho Public Utilities Commission2440 Marsh Lane Office of the Secretary Carrollton, Texas 75006 ACCEPTED FOR FILING (972) 478-3000 MA Y 1 -- 2006 Boise, Idaho -"--'-. - i Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 37 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.8 Refusal and Discontinuance of Services (Continued) VarT ec may discontinue the furnishings of any and! or all service( s) to Customer without incurring any liability: Immediately and without notice ifVarTec deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. V arT ec may discontinue service if(a) The Customerrefuses to furnish information to VarTecregardingthe Customer s credit-worthiness, its past or current use of Common Carrier communications services or its planned use ofservice(s); or (b) The Customer provides false information to VarT ec regarding the Customer identity, address, credit-worthiness, past or current use of Common Carrier communications services, or its planned use of VarTec service(s); or cQ) The Customer states that it will not comply with a requestofVarTec for security for the payment for service(s); or (d) The Customer has been given written notice by VarTec of any past due amount (which remains unpaid in whole or in part) for any of V arT ec' s other Common Carrier communications services to which the Customer either subscribes or had subscribed or used; (e) The Customer uses, or attempts to use, service with the intent to avoid the payment, either in whole or in part, of the tariff charges for the service by: U sing or attempting to use service by rearranging, tampering with, or making connections to V arT ec' s service not authorized by this tariff, or using tricks, schemes, false or invalid numbers, false credit devices electronic devices: or any other fraudulent means or devices; or Issued: March 20, 2006 Effective: May 1 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissioll Office of the Secretary ACCEPTED FOR FlUNG NAY 1- 2006 Boise, Idaho ' . ... ~ Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 38 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.8 Refusal and Discontinuance of Services (Continued) Upon fourteen (14) days' written notice to the Customer of any sum thirty (30) days past due; Upon ten (1 0) days ' written notice to the Customer after failure of the Customer to comply with a request made by VarTec for security for the payment of service in accordance with Section 2.3 . above; or Seven (7) days after sending the Customer written notice of noncompliance with any provision of this tariffif the noncompliance is not corrected within that seven (7) day period. The discontinuance of service(s) by VarTec pursuant to this Section does not relieve the Customer of any obligation to pay V arT ec for charges due and owing for service(s) furnished up to the time of discontinuance. VarT ec may immediately discontinue service to the Customer without incurring any liability if the Customer places repeated harassing phone calls to VarT ec, including calls in which the caller uses abusive or threatening language. VarTec may disconnect the telephone services in accordance with the terms hereof without any liability except for an appropriate refund of prepaid charges and any service deposit with accrued interest. VarTec may require a Customer to immediately shut down its transmission signals if said transmission is causing interference to others. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Idaho P bli Director - Regulatory Affairs ~ C Illes ommlSSlon OffIce of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MA 1 -- 2006 Boise, Idaho . .-.-. ':.. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 39 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.9 Switched Access Service Obligations VarTec has certain obligations pertaining only to the provision of Switched Access Service. These obligations are as follows: Network Management VarTec will administer its network to provide acceptable service levels to all telecommunications users of V arTec' s network services. Generally, service levels are considered acceptable only when both End Users and Customers are able to establish connections with little or no delay encountered within V arT ec' s network. V arT ec maintains the right to apply protective controls (i., those actions, such as call gapping, which selectively cancel the completion of any traffic carried over its network including that associated with a Customer s Switched Access Service). Generally, such protective measures would only betaken as a result of occurrences, such as a failure or overload of Company or Customer facilities, natural disasters, mass calling or national security demands. Provisions of Service Performance Data Subjectto availability, end-to-end service performance data available to V arT ec through its own service evaluation routines, may also be made available to the Customer based on previously arranged intervals and format The data provides information on overall end-to-end call completion and non-completion performance (e., Customer equipment blockage, failure results and transmission performance). The data does not include service performance data which is provided under other sections (e., testing service results). If data is to be provided in other than paper format, the charges for such exchange will be determined on an individual case basis. Issued: March 20, 2006 Effective: May 1 , 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho , , ;. . . J Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 40 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Undertaking ofVarTec Telecom (Continued) 1.9 Switched Access Service Obligations (Continued) Design and Traffic Routing of Switched Access Service VarTec shall design and determine the routing of Switched Access Service, including the selection of the first point of switching and the selection of facilities from the interface to any switching point and to the end offices where busy hour minutes of capacity are ordered. VarT ec shall also decide if capacity is to be provided by originating only, terminating only, or two-way trunk groups. Finally, VarTec will decide whether trunk side access will be provided through the use of two-wire or four-wire trunk terminating equipment. Selection of facilities and equipment and traffic routing of the service are based on standard engineering methods available facilities and equipment and VarTec s traffic routing plans. Trunk Group Measurements Reports Subject to availability, V arT ec will make available trunk group data in the form of usage in CCS, peg count and overflow to the Customer based on previously agreed to intervals. Intercept V arT ec arranges to provide for the termination of a call to a Company intercept operator or recording at the dedicated intercept network from the end office switch. The operator or recording announces to caller the reason why the call cannot be completed and if possible, provides corrected dialing instructions. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -2006 Boise, Idaho ". . .... Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 41 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Obligations of the Customer Design of and Payment for Customer Services Subject to the provisions set forth herein, the Customer shall be solely responsible at its own expense, for the overall design of its services and for any redesigning or rearrangement of its services which may be required because of changes in facilities, operations or procedures of V arT ec, minimum network protection criteria, or operating or maintenance characteristics of the facilities. Services provided to the Customer under this tariff may only be used for any lawful purpose for which the service is technically suited. The Customer shall be responsible for all charges due for services provided by V arT ec as well as for reimbursing V arT ec for damage to, or loss of, V arT ec' s facilities or equipment caused by the acts or omissions of the Customer. The Customer shall also be responsible forreimbursing VarTec for any noncompliance by the Customer with these regulations or for damages caused by fire or theft other casualty on the Customer Premises, unless caused by the willful misconduct ofthe employees or agents ofVarTec. Connections Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. The Customer facilities shall provide the necessary on and off-hook supervision for accurate timing of calls. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilifi~ Commi9Sion Office of the Secretary ACCEPTED FOR FILING NAY 1- 2006 Boise. Idaho :.. . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 42 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Obligations of the Customer (Continued) Equipment, Space and Power The Customer shall furnish, or arrange to have furnished, to V arT ec, at no charge an environment conducive to the operation of equipment, as well as the space and electrical power required by V arT ec to provide services under this tariff at the points of termination of such services. The selection of ACIDC power shall be mutually agreed to by the Customer and V arT ec. The Customer shall also make necessary arrangements in order that V arT ec will have access to such spaces at reasonable times for installing, testing, repairing or removing services of V arT ec. Damages to VarTec Facilities The Customer shall reimburse V arT ec for damages to V arT ec facilities utilized to provide services under this tariff caused by the negligence or willful act of the Customer or resulting from the Customer s improper use of V arT ec facilities, or due to malfunction of any facilities or equipment provided by any entity other than VarTec. Nothing in the foregoing provision shall be interpreted to hold one Customer liable for another Customer s actions. Upon reimbursement for damages, V arT ec will cooperate with the Customer in prosecuting a claim against the person causing such damage. The Customer shall be subrogated to the right of recovery by V arT ec for the damages to the extent of such payment. Issued: March 20, 2006 BY: Effective: May 1, 2006Becky Gipson . . . Afr Idaho Public UtIlities CommissionIrector - Regu atory aIrs Office of the Secretary2440 Marsh Lane ACCEPTED FOR FlUNG Carrollton, Texas 75006 MAY(972) 478-3000 - 2006 Boise. Idaho 0 ':"0. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 43 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Obligations of the Customer (Continued) C:laimms The Customer shall defend, indemnify and hold harmless VarT ec from and against any actions, suits, claims and losses or damages, including punitive damages attorneys fees and court costs by third persons, arising out of the construction installation, operation, maintenance or removal of the Customer s circuits, facilities or equipment connected to VarTec s services provided under this tariffincluding, without limitation, workmen s compensation claims, actions for infringement of copyright and/or unauthorized use of program material, libel and slander actions based on the content of communications transmitted over the Customer s circuits facilities or equipment, and proceedings to recover taxes, fines or penalties for failure of the Customer to obtain or maintain, in effect, anynecessaiy certificates permits, licenses or other authority to acquire or operate the services provided under this tariff. Prohibited Uses The services V arT ec offers shall not be used for any unlawful purposes or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. V arT ec may require applicants for service who intend to use V arT ec' s offerings forresale and/or for shared use to file a letter with VarTec confirming that their use ofVarT ec s offerings complies with relevant laws and applicable state regulations policies, orders, and decisions, and ifthe Reseller intends to provide intrastate services, is certified with the appropriate state entity. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG MAY 1 '- 2006 Boise. Idaho ~-- ~c_ - . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 44 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Obligations of the Customer (Continued) Prohibited Uses (Continued) V arT ec has the right to refuse telephone service to any premises and at any time to discontinue 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 V arT ec to transmit a message or to locate a person or otherwise to give or obtain information, without payment of a message toll charge or 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 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. VarTec shall have the right to refuse or discontinue service if the acts of the Customer, including furnishing false credit information or the conditions upon their premises, are such as to indicate intention to defraud VarTec. VarTec 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 anythreatto inflict injury to the person or property of the person addressed or any family member. VarTec 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: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commissioo OffIce of the Secretary EPTED FOR FILING MA 1 -- 2006 Boise, Idaho . . . . ~. .. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 45 INTRAST A TE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Reporting Customers may be required to provide certain reports in connection with the provision access servIce. Jurisdictional When a Customer orders Access Service, its projected Pill must be provided in whole numbers to VarTec. These whole nuinber percentages will be used by V arT ec to apportion the use and/or charges between interstate and intrastate until a revised report is received as set forth herein. Reported or default PIU factors are used only where the call detail is insufficient to determine the appropriate jurisdiction of the traffic. The jurisdictional reporting is as follows: Originating Access: Originating access minutes is only traffic originating from V arT ec Local Switching Center( s). The Customer should provide VarTec with a projected PIU factor on a quarterly basis. If no PIU for originating minutes is submitted as specified herein, then the projected Pill will be set on a default basis of 50% interstate traffic and 50% intrastate traffic. Terminating Access: For Feature Group D Switched Access Service(s), the Customer should provide VarTec with a projected PIU factor by supplying VarTec with an interstate percentage ofterminating access minutes on a quarterly basis, as described herein. If no projected PIU factor is submitted by the Customer, then the proj ected Pill will be set on a default basis of 50% interstate traffic and 50% intrastate traffic. Except where VarTec measured access minutes are used as set forth above, the Customer reported proj ected Pill factor as set forth above will be used until the Customer reports a different proj ected Pill factor, as set forth in 2.3.1 (D). Issued: March 20, 2006 Effective: May 1 , 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~b'ic Utilities Commission 2440 Marsh Lane ACC~fflce of the secretaCarrollton, Texas 75006 PTED FOR FLING (972) 478-3000 MAY 1 -- 2006 Boise, Idaho . ------"'. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 46 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Reporting (Continued) Jurisdictional (Continued) Effective on the first ofJanuary, April, July and October of each year the Customer should update its interstate and intrastate jurisdictional report. The Customer should forward such report to VarTec, to be received no later than fifteen (15) days after the first of each stated month, a revised report showing the interstate and intrastate percentage of use for the past three (3) months ending the last day of December, March, June, and September, respectively, for each service arranged for interstate use based solely on the traffic originating from or terminating to the V arT Local Switching Center. The revised report will serve as the basis for the next three months' billing and will be effective on the bill date for that service. If the Customer does not supply the reports for those services where reports are needed, V arT ec will assume the percentage to be the same as that provided previously. For those cases in which a quarterly report has never been received from the Customer, VarTec will assume the percentages to be the same as those provided in 2.3 .A and 2.3 . above. For Switched Access Service, if a billing dispute arises or the Commission questions the proj ected PIU factor, the Customer will provide the data used to determine the projected Pill factor. The Customer will supply such data within thirty (30) days ofVarTec srequest. In the eventthatthe Commission requires information regarding the Pill factor prior to the aforementioned thirty (30) days then the Customer will provide such information to VarT ec at least three (3) days before the Commission s deadline. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs Idaho Pullfic Utilities Commission2440 Marsh Lane Office of the Secretary Carrollton, Texas 75006 CCEPTED FOR FILING (972) 478-3000 MA 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 47 INTRAST A TE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Reporting (Continued) Jurisdictional (Continued) The Customer shall keep records of call detail from which the percentage of interstate and intrastate use can be ascertained and, upon request of V arT ec, shall make the records available for inspection as reasonably necessary for purposes of verification of the percentages. V arT ec reserves the right to conduct an audit at any time. The Customer, as its own expense, has the right to retain an independent auditing firm. If the audit results represent a substantial deviation from the Customer s previously reported Pill for the period upon which the audit was based, the call detail records may be requested more than once annually. For Feature Group B or D Switched Access Service( s), where jurisdiction can be determined from the call detail, VarTec will determine the projected Pill factor as follows: the projected PIU factor will be developed on a monthly basis by end office, by dividing the measured interstate originating or terminating access minutes (the access minutes where the calling number is in one state and the called number is in another state) by the total originating or terminating access minutes. For terminating access minutes, in cases where the call detail is insufficient to allow for use of measured minutes, the Customer has the option of providing V arT with a projected PIU factor. Customers who provide aPIU factor shall supply V arT ec with an interstate percentage ofFGD terminating access minutes for each account or state to which the Customer may terminate traffic. If no projected Pill factor is provided, the data used by VarTec to develop the projected Pill factor for originating access minutes will be used to develop the factor for terminating minutes. No pro-rating or back-billing will be done based on the report. VarTec may require call detail records to substantiate proj ected interstate usage provided VarTec. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FlUNG MAY 1 - 2006 Bois!. Idaho . .: -.. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 48 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Reporting (Continued) Code Screening Reports When a Customer orders service call routing, trunk access limitation or call gapping arrangements, it must report the number of trunks and! or the appropriate codes to be instituted in each end office or access tandem switch, for each of the arrangements ordered. V arT ec will administer its network in such a manner that the impact of traffic surges due to peaked 900 Access Service traffic on other access service traffic is minimized. Network management controls may be implemented at VarTec option to ensure acceptable service levels. Trunk Group Measurements Reports With the agreement of the Customer, trunk group data in the form of usage in CCS, peg count and overflow for its end of all access trunk groups, where technologically feasible, will be made available to V arT ec. The data will be used to monitor trunk group utilization and service performance and will be based on previously arranged intervals and format. When mixed interstate and intrastate Access Service is provided, all charges including nonrecurring charges, usage charges, and optional features, will be prorated between interstate and intrastate. The percentage provided in the reports will serve as the basis for prorating the charges. The percentage of an Access Service to be charged as intrastate is applied in the following manner: For nonrecurring chargeable rate elements, multiply the percent intrastate use times the quantity of chargeable elements times the state Tariff rate per element. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 . ._,.- Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho ... A Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 49 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Reporting (Continued) Trunk Group Measurements Reports (Continued) For usage sensitive chargeable rate elements, multiply the percent intrastate use times actual use (measured or Company assumed average use) times the stated rate. 3.4 Meet Point Billing Meet Point Billing applies when more than one Carrier is involved in the provision of Access Service. VarTec shall provide terminations at its switches/access tandems for origination and termination of Carrier access calls to and from interexchange carriers and the Customer. All recurring and nonrecurring charges for services provided by each Carrier are billed under each Carrier s applicable rates. These calls will be billed under Meet Point Billing arrangements for interLA T A and Carrier access traffic. The Customer must establish separate tnmk groups for traffic handled under Meet Point Billing arrangements. The Customer must provide call detail in standard industry format to V arT ec for calls exchanged or completed under Meet Point Billing arrangements. VarTec accepts and adheres to the Ordering and Billing Forum guidelines Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD). Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission Office of the Secretary EPTED FOR FlllNG MAY 1 - 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 50 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Notices and Communication An address will be designated on the Service Order by the Customer to which VarTec shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which VarTec s bills for service shall be mailed. V arT ec shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications to VarTec, except that VarTec may designate a separate address, on each bill for service, to which the Customer shall mail payment on that bill. V arT ec or the Customer shall advise the other party of any changes to the addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein. All notices or other communications required to be given pursuant to this tariff shall be in writing. Notices, other communications and all bills mailed by VarTec shall be presumed to have been delivered to the Customer on the third business day following deposit ofthe notice, communication, or bill with the u.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. Notices from the Customer to VarTec may be given verbally by the Customer or tl;1e Customer s authorized Agent at V arT ec' s office , or by written communication mailed thereto. Written notice is required when specified in tariff schedules or in any written agreement. Issued: March 20, 2006 Effective: May 1 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commi~~;lOffIce of the Secretary CEPTED FOR FlUNG MAY 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 51 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) 2.4 Notices and Communication (Continued) VarTec will, when possible, provide the Customer reasonable notification of temporary service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements, routine preventative maintenance, and major switching machine change out. Generally, such activities are not limited to a specific individual Customer s service but affect many Customers' services. No specific advance notification period is applicable to all service activities. V arT ec will work cooperatively with the Customer to determine reasonable notification requirements. In emergencies, where delay may result in impaired service or in hazards to the Customer, the public, or VarT ec' s facilities , VarT ec may resort to verbal notices given by telephone or other means of communication. Where prior notice is not practicable, nothing contained herein shall be deemed to preclude V arT ec' s right to temporarily discontinue the use of a service if such action is reasonable under the circumstances. In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. Allowances for Interruptions in Service General Interruptions in service which are not due to the negligence of or noncompliance with the provisions of this tariffby, the Customer or the operation or malfunction of the facilities, power, or equipment provided by the Customer, will be credited to the Customer according to provisions set forth within this tariff for the part of the service that the interruption affects. The credit allowance will be calculated by V arT ec after the Customer notifies V arT ec of service interruption. The amount of the allowance will depend on the length of the outage and the service impacted. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MA 1 -- 2006 Boise. Idaho . ..-. . :... I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 52 INTRAST ATE SWITCHED ACCESS SER VI CES TARIFF RULES AND REGULATIONS (Continued) Allowances for Interruptions in Service (Continued) Credit Allowances Credit allowances given by VarTec, if any, will be deducted from the charges payable by the IXC and will be expressly indicated on the next invoice. Credit allowances do not apply to outages which are caused by the IXC, due to failure of equipment provided by the IXC, failures ofLEC facilities or equipment which are carrying the failures resulting from the activities or negligence ofLEC employees, or due to mutually agreed upon maintenance and repair. Additionally, credit allowances do not apply during any period in which VarTec is not given access to the service premises or VarTec experiences inability to gain access to the necessary equipment. Credit Allowances received by VarTec from the LEC for Off-Net facility outages which affects the IXC' s Switched Services will be passed through to the IXC in the form of a credit on the next invoice. F or calculating credit allowances, every month is considered to have thirty (30) days. The credit allowance for an interruption or for a series of interruptions shall not exceed: The applicable monthly rate, or The assumed minutes of use charge ISSUED: May 23, 2003 EFFECTIVE: June 6,2003 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FlUNG NAY 1 - 2006 Boise. Idaho . ... ..:-.... J Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 53 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Allowances for Interruptions in Service (Continued) Limitations No credit allowances will be made for: interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User Joint-User, or other Common Carrier, providing service connected to the service of Company; interruptions due to the negligence of any person other than VarTec including, but not limited to, the Customer or other Common Carriers connected to VarTec s facilities; interruptions due to the failure or malfunction of non- Company equipment; interruptions of service during any period in whicl). VarTec is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 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 V arT ec for maintenance purposes or for implementation of a Customer order for a change in service arrangements; interruption of service due to circumstances or causes beyond the control ofVarTec. In addition, credit allowance for Service Interruptions also do not apply when service is interrupted due to labor difficulties, governmental orders, civil commotions, criminal actions taken against VarTec, acts of God and other circumstances beyond V arT ec' s reasonable control. No credit shall be allowed for an interruption period ofless than thirty (30) minutes. The Customer shall be credited for an interruption of thirty (30) minutes or more at the rate ofl/1440 of the monthly charges for the facility or service for each period of30 minutes or fraction thereof that the interruption continues after the initial thirty (30) minute interruption. A credit allowance for service interruptions will be applied to Switched Access Service depending upon whether or not the interruption is associated with a service that is usage rated or monthly recurring rated as set forth following: Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho . --. Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 54 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Allowances for Interruptions in Service (Continued) Limitations (Continued) Credit Allowance for Usage Rated Services If the service experiencing an interruption is billed based on assumed minutes of use, credit shall be allowed for an interruption of greater than twenty-four (24) hours. Such credit will be at the rate of 1/30th of the assumed minutes of use charge for each period of twenty-four (24) hours or fraction thereof that the interruption continues. If the service experiencing an interruption is billed on a measured, usage sensitive basis a credit allowance does not apply. Credit Allowance for Monthly Recurring Rated Services For Switched Access Services with monthly recurring rates, the charges for which a credit will apply due to service interruptions will be the total of all monthly rate elements associated with the transport facility per DS or DS3, fixed per month and per mile per month, including any monthly rated features. No credit allowance shall be allowed for an interruption period ofless than thirty (30) minutes. The Customer shall be credited for an interruption 000 minutes or more up to, and including, 2 hours at the rate ofl/1440 of the monthly charges for the facility for each period oBO minutes or fi'action thereof that the interruption continues after the initial 30 minute outage. In any month, as a result of the interruption, the total credit per rate element of the interrupted service may not exceed 100 percent of the monthly charge for that particular rate element. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities Commission Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MA 1 - 2006 Boise, Idaho .. - . " '.' I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 55 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Allowances for Interruptions in Service (Continued) Limitations (Continued) When a Credit Allowance Does Not Apply Credit allowances will not be made for the following: Interruptions caused by the negligence ofthe Customer. Interruptions of a service due to the failure of equipment or systems provided by the Customer or others. Interruptions of a service during any period in which VarT ec is not afforded access to the premises where the service is terminated. When VarTec and the Customer negotiate the release ofthe service for maintenance purposes, to make rearrangements or to implement an order for a change in the service, a credit allowance does not apply during the negotiated time of release. Periods when the Customer elects not to release the service for testing and/or repair and continues to use it on an impaired basis. Temporary Surrender of a Service In certain instances, the Customer may be requested to surrender a service for purposes other than maintenance, testing or activity relating to a service order. If the Customer consents, a credit allowance will be granted. The credit allowance will be determined in the same manner as a credit for service interruptions as set forth in (A) preceding. Issued: March 20, 2006 Effective: May 1 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG NAY 1- 2006 Boise, Idaho " '".,.. j Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 56 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Equipment and Channels Station Equipment The Customer is responsible for providing and maintaining any terrhinal equipment on the Customer s Premises in compliance with state and federal rules and regulations. The electric power consumed by such equipment shall be provided by, and maintained at the expense the Customer. The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to V arT ec-provided equipment and wiring or injury to V arT ec' s employees or other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by VarTec at the Customer s expense. Interconnection of Facilities Any special interface equipment necessary to achieve compatibility between the facilities and equipment of V arT ec used for furnishing Access Services and the Channels, facilities, or equipment of other Carriers shall be provided at the Customer s expense. Access Services may be connected to the services or facilities of other Carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other Carriers which are applicable to such connections. Issued: March 20, 2006 BY: Effective: May 1, 2006 Becky Gipson Idaho Public Utilities CommissionDirector - Regulatory Affairs Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 NAY 1 - 2006 Boise. Idaho . .. :,.. I Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 57 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Customer Equipment and Channels (Continued) Inspections Upon reasonable notification to the Customer, and at reasonable times, VarTec may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth within this tariff for the installation, operation, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. No credit will be allowed for any interruptions occurring during such inspections. If the protective requirements for Customer-provided equipment are not being complied with, VarTec may take such action as it deems necessary to protect its facilities, equipment, and personnel. VarT ec will notify the Customer promptly if there is any need for further corrective action. Within ten (1 0) days of receiving said notice, the Customer must take this corrective action and notify V arT ec of the action taken. If the Customer fails to do this, VarTec may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm. VarTec will, upon request 24 hours in advance, provide the Customer with a statement of technical parameters that the Customer s equipment must meet. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Id:th" Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho . --.,.. ..' .~;,... , Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 58 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations Billing and Collection of Charges All bills are presumed accurate, and shall be binding on the Customer unless notice of disputed charge(s) is received by VarTec within ninety (90) days (commencing five (5) days after such bills have been mailed or otherwise rendered per VarT ec . normal course of business). V arT ec shall bill on a current basis all usage charges incurred by, and credits due , the Customer under this tariff attributable to services established, provided, or discontinued during the preceding billing period. Recurring rates and charges for services to be provided during the next billing period will be billed in advance. VarTec shall present invoices for all charges monthly to the Customer. Non- Recurring Charges are due and payable within thirty (30) days after the invoice date. Amounts not paid within thirty (30) days after the date of invoice will be considered past due, and V arT ec will assess a late payment charge in accordance with provisions set forth herein. If V arT ec becomes concerned at any time about the abilityofa Customer to pay its bills, V arTecmayrequire that the Customer pay its bills within a specified number of days and make such payments in cash or the equivalent of cash. If a service is disconnected by V arT ec and later restored, restoration of service may be subject to all applicable installation charges. When a rate as set forth in this tariff is shown to more than two decimal places, the charges will be determined using the rate shown. The resulting amount will then be rounded to the nearest penny (i., rounded to two decimal places). Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idallo Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho c. Tariff Original Page No. 59 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) Billing and Collection of Charges (Continued) V arT ec may charge the Customer all fees or expenses (including attorneys' fees) reasonably incurred in collecting or attempting to collect any charges owed V arT ec. In addition, if the Customer s unpaid charges are referred to an outside collection agency, VarTec may immediately begin to charge the Customer a collection fee on the unpaid charges at a rate of 1.5% per month. Such collection fees are separate and distinct from attorneys' fees and other costs incurred in collecting charges owed V arT ec. The Customer will be liable to VarTec for the payment of all such fees and expenses reasonably incurred. VarTec includes its name and its toll-free telephone number on all invoices. Adjustments for the quantities of services established or discontinued in any billing period beyond the minimum period set forth for services in other sections of this tariff will be prorated to the number of days or fraction thereofbased on a thirty (30) day month. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Tex~s 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 60 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) Payment of Rates and Charges The Customer is responsible for payment of all charges for services and facilities furnished by VarTec to the Customer or its Joint or Authorized Users. Unless otherwise specified herein, bills are due and payable upon receipt. The Customer shall be responsible for the payment of all applicable charges pursuant to this tariff and applicable Commission rules. Where, prior to cancellation by the Customer, VarTec incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs VarTec incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against VarTec that would have been chargeable to the Customer had service begun. The special charges described will be calculated and applied on a case-by- case basis. Other Charges Unless otherwise indicated, all stated rates and charges in this tariff are computed by VarTec exclusive of any federal, state, or local, and foreign sales, use, excise, utility, gross receipts, sales or privilege taxes, duties, fees tax-like or similar liabilities (other than general income or property taxes) whether charged to or against VarTec or its Customer. Such taxes, fees, etc. shall be paid by the Customer in addition to the charges stated in this tariff. All such taxes, duties, and fees shall each be shown as a separate line item on the Customer s monthly invoice. Issued: March 20, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities Commission Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MA 1 .~ 2006 Effective: May 1, 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 61 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) 7.4 Advance Payments To safeguard its interests, VarTec may require a Customer to make an advance payment before services and facilities are furnished. The advance payment will not exceed an amount up to two (2) months of estimated monthly usage charges. In addition, where special construction is involved the advance payment may also include an amount equal to the estimated non- recurring charges for the special construction and recurring charges (if any) for a period to be set by negotiations between V arT ec and the Customer. The advance payment will be credited to the Customer s initial bill. An advance payment may be required in addition to a deposit. Deposits To safeguard its interests, VarTec may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer ofthe responsibility for the prompt payment of bills on presentation. The deposit will not exceed an amount equal to: Two (2) month's charges for a service or facility which has a minimum payment period of one (1) month; or The charges that would apply for the minimum payment period for a service or facility which has a minimum payment period of more than one (1) month; except that the deposit may include an additional amount in the event a termination charge is applicable. A deposit may be required in addition to an advance payment. Issued: March 20, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Effective: May 1, 2006 .. . . Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. ldalto Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 62 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) Deposits (Continued) When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer s account and any credit balance remaining will be refunded. Before the service or facility is discontinued, VarT ec may, at its option return the deposit or credit it to the Customer s account. V arT ec retains the right to collect any amounts owing after the deposit has been applied plus any costs related to the collection of any remaining balance. Deposits held will accrue interest at a rate specified by VarT ec without deductions for any taxes on such deposits. Interest will not accrue on any deposit after the date on which reasonable effort has been made to return it to the Customer. Simple interest, set annually by the Commission at a rate of not less than 6% per annum or greater than 12% per annum, will be paid on deposits. The rates of interest to be paid on Customer deposits are in accordance with applicable state law and regulation and are established annually on December 1 for the subsequent calendar year by the Commission. The interest shall be paid to the Customer annually, if requested by the Customer or at the time the deposit is returned or credited to the Customer s account. The deposit shall cease to draw interest on the date it is returned or credited to the Customer s account. VarTec shall promptly and automatically refund the deposit plus accrued interest to the Customer in the form of cash or credit to a Customer s bill, or void the guaranty, when the following conditions have been met: Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING NAY 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 63 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) 7'.Deposits (Continued) The Customer has paid bills for service for twelve (12) consecutive residential billings or twenty-four (24) consecutive commercial or industrial billings without having service disconnected and without having more than two (2) occasions in which a bill was delinquent, and The Customer is not delinquent in the payment of the current bill. At such time as the provision of service to the Customer is terminated, the amount of the deposit will be credited to the Customer s account and any credit balance which may remain will be refunded. Past Due Charges Customers billed directly by VarT ec or its agents for usage charges incurred as the result of utilizing VarTec s service will be assessed alate payment fee for any unpaid monthly balance if payment is not received by VarTec by the due date specifically listed on the Customer s bill or if any portion of the payment received by V arT ec is in funds which are not immediately available upon presentment. The late fee assessed by VarTec will be equal to 1.5% per month for any such past due balance. Customers that have a billing dispute may pay any undisputed portions of the bill by the payment due date to avoid assessment of a late payment charge on the undisputed amount. In the event that a billing dispute is resolved by VarTec in favor ofthe Customer, any disputed amount withheld pending resolution of the billing dispute shall not be subject to the late payment charge. However, in the event that a billing dispute is resolved in favor of V arT ec, the Customer shall pay the applicable late payment charge on the disputed amount. Collection procedures are.unaffected by the application of the late payment charge. The late payment charge does not apply to final amounts. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise. Idaho . :... , Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 64 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Billing and Payment Regulations (Continued) Returned Check Charge When a payment for service is made by check, draft, or similar negotiable instrument, a returned check charge will be made by V arT ec for each such item returned unpaid by a bank to V arT ec for any reason. The acceptance of checks drafts, or other negotiable instruments for the satisfaction of the Customer s debts to V arT ec shall not constitute a waiver by V arT ec of its right to payment by legal tender. Application and Cancellation of Service by Customer Delivery of calls to or acceptance of calls from VarTec s End User locations over Company-switched local exchange services constitutes an order by the Customer to purchase switched access services as described herein. Similarly the selection by a Company s End User ofthe Customer as the presubscribed IXC constitutes an order switched access by the Customer. In these cases, an invoice will be the first communication from V arT ec to the Customer. In other instances, a Service Order may be used. To protect the rights of consumers to presubscribeto anew IXC without interruption in service, service may not be terminated without V arT ec' s written consent, which will not be unreasonably withheld. After receiving such consent, service may be terminated after thirty (30) days in accordance with state and federal regulations. Upon such termination the Customer shall be responsible for the payment of all charges due as specified within this tariff. ISSUED: May 23, 2003 EFFECTIVE: June 6, 2003 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities CommissiOIl Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho -0.. .:_- 1 Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 65 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Application and Cancellation of Service by Customer (Continued) Discontinuance of Service by Customer Interexchange Carriers are prohibited from unilaterally discontinuing the provision of service to the Company s local exchange service Customers or otherwise blocking or impairing access traffic in the Originating Direction or the Terminating Direction. Pursuant to this general prohibition, Interexchange Carriers may not: unilaterally block or otherwise discontinue carriage of originating access traffic (such traffic includes, but is not limited to, interexchange traffic that is originated by the Company s local exchange service customer); or unilaterally block or otherwise discontinue the carriage ofterminating access traffic (such traffic includes, but is not limited to, interexchange traffic originated by the Interexchange Carrier s customers and destined for termination by the Company to the Company s local exchange service customers). Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs Idaho P~blic Utilities Commission Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 -- 2006 Boise, Idaho .. :..... Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 66 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Service Dispute Resolution For the purposes of this section , " notice" is defined as written notice to VarTec, containing sufficient documentation to investigate the dispute, including the account number under which the bill has been rendered, the date of the bill, and the specific items on the bill being disputed. The Customer shall notify V arT ec of any disputed items on an invoice within ninety (90) days of receipt of the invoice. Questions regarding V arT ec' s services or charges assessed on a Customer s bill may be directed to V arT ec' s Customer service department toll-free at (800) 875-9235. lithe Customer and VarTec are unable to resolve the dispute to their mutual satisfaction, the Customer may file a complaint with the Commission in accordance with the Commission s rules of procedures. Adjustments to Customer s bills shall be made when circumstances exist which reasonably indicate that such changes are appropriate. In the event that V arT ec resolves the billing dispute in favor of a Customer who has withheld payment of the disputed amount pending resolution of the disputed bill, V arT ec will credit the Customer s account for the disputed amount in the billing period following the resolution of the dispute. In the event that V arT ec resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill, V arT ec will credit the Customer s account for any overpayment by the Customer in the billing period following the resolution of the dispute. In the event that VarTec resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill but canceled the service, V arT ec will issue a refund of any overpayment by the Customer. All adjustments or refunds provided by V arT ec to the Customer, and which are accepted by the Customer, are final and constitute full satisfaction, settlement, and/or compromise of all of the Customer s claims for the billing period for which the adjustment or refund was issued. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 . ,. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG MAY I - 2006 Boise. Idlho . . .:.. ! Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 67 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Transfers and Assignments Neither VarTecnorthe Customer may assign or transfer its rights or duties in connection with the services and facilities provided by V arT ec without the written consent of the other party, except that V arT ec may assign its rights and duties ( a) to any subsidiary, parent Company or affiliate of V arT ec (b) pursuant to any sale or transfer of substantially all the assets ofVarTec; or pursuant to any financing, merger or reorganization ofVarTec. Written permission from VarTec is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service. The Customer may not assign or transfer (e., mergers, acquisitions, consolidations) the use of services provided under this tariff except where there is no interruption of use relocation of the services, such as assignment or transfer to: Another Customer, whether an individual, partnership, association or corporation provided the assignee or transferee assumes all outstanding indebtedness for such services, the unexpired portion of the minimum period and the termination liability applicable to such services, if any; or A court appointed receiver, trustee or other person acting pursuant to law in bankruptcy, receivership, reorganization, insolvency, liquidation or other similar proceedings, provided the assignee or transferee assumes the unexpired portion of the minimum period and the termination liability applicable to such services, if any. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG MA Y 1 -- 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 68 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Transfers and Assignments (Continued) In all cases of assignment or transfer, the written acknowledgment ofVarTec is required prior to such assignment or transfer and such acknowledgment shall be made within fifteen (15) days from the receipt of notification. The assignee or transferee shall provide to VarTec the written release of the use of such services from the assignor or transferor. All regulations, conditions and applicable charges, as set forth in this tariff, shall apply to such assignee or transferee. The assignment or transfer of services does not relieve or discharge the assignor or transferor from remainingjointly or severally liable with the assignee or transferee for any obligations existing at the time of the assignment or transfer. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho ..".: "-. . Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 69 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Jointly Provided Access Services Meet Point Billing applies where a Customer orders Switched Access to another Exchange Carrier to originate and terminate traffic to Subscribers. All recurring and nonrecurring charges for services provided by each Exchange Carrier are billed under each Carrier applicable rates. VarTec accepts and adheres to the Ordering and Billing Forum, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) guidelines. VarTec will handle ordering, rating and billing of Access Services under this tariff where more than one Exchange Carrier is involved in the provision of Access Services as follows: When FGB or FGD is ordered by a Customer to an interconnection point of another Exchange Carrier connected to V arT ec' s network, the Customer must provide the original order to that Exchange Carrier, and must provide a copy of the order to this Company. Each Exchange Carrier that accepts the order will provide the portion of Switched Transport in its territory to an interconnection point with another Exchange Carrier, and will bill the service in accordance with its tariff(s). The rates for Switched Transport (fixed and per mile), are determined as follows: The total mileage for the service is computed using the V &H Coordinate Method set forth in National Exchange Carrier Association T ariffF. C. No. VarTec s rates and charges are then multiplied by the appropriate quantity(ies) and the billing factor to obtain the charges for this company. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissioll Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho .. .:- ., J Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 70 INTRASTATE SWITCHED ACCESS SERVICES TARIFF RULES AND REGULATIONS (Continued) Jointly Provided Access Services (Continued) The application of nondistance sensitive rate elements varies according to the rate structure and location of the facilities involved: When rates and charges are listed on a per point of termination basis, this company s rates will be billed for the termination( s) within this company operating territory. When rates and charges are listed on a per unit basis, e.g, multiplexing, this company s rates and charges will apply for the units located in this company s operating territory. When rates and charges are developed on an individual case basis, such rates will be developed for the portion of the service provided by this company. When rates and charges are listed on a per service basis, these rates and charges will be billed. When rates and charges are listed on a per line or trunk installed basis, this company s rates will be billed based on the number oflines or trunks specified by the Customer on its order for access service placed with this company. Issued: March 20, 2006 BY: Effective: May 1,2006Becky Gipson . . Director - Regulatory Affairs Idaho P~blic Utilities Commission " OffIce of the Secretary 2440 Marsh Lane ACCEPTED FOR FILING iCarrollton, Texas 75006 (972) 478-3000 MAY 1 - 2006 Boise. Idaho . -'... \ Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 71 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS SERVICE General Switched Access Service, which is available to Customers for their use in furnishing their services to Subscribers, provides a two-point communications path between a Customer Premises and a Subscriber s Premises. It provides for the use of common terminating, switching and transport facilities. Switched Access Service provides the ability to originate calls from a Subscriber s Premises to a Customer s Premises, and to terminate calls from a Customer s Premises to a Subscriber s Premises. Switched Access Service is available when originating or terminating calls from or to a Subscriber which subscribes to the Company s Local Exchange Services. Rates and charges are set forth in Section 4 herein. The application of rates for Switched Access Service is described in Section 4. 1.1 Service Commencement Date The date on which a Customer first sends or receives traffic from the Company Subscriber or the date specified on the Service Order, whichever occurs first and whichever is applicable. 1.2 Service Cancellation Date The date on which a Customer notifies the Company, in writing, of its intention to terminate its access arrangements with VarT ec, or the date on which the Company notifies the Customer, in writing, of its intention to terminate access service to the Customer. Such dates must conform to the effective dates for cancellation of service or the Customer s intention to block or have the Company s access traffic blocked, as set forth herein. In the event that the Company terminates service without notice for reasons set forth herein, the service cancellation date shall be the date that the Company terminates service with the Customer. Issued: March 20, 2006 Effective: May 1 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public UtiHties Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 72 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF DESCRIPTION OF SERVICE (Continued) Provision and Description of Switched Access Service Arrangements Feature Group Access FG Access is provisioned at the DS-llevel and provides trunk-side access to Local Switching Center switches, for the Customer s use in originating and terminating communications. Basic FG Access service will be provided with Multi- Frequency In Band Signaling (SS7 is also available, where capabilities exist). All traffic is routed to and from the Company s local switching center via the Customer s tandem provider or via end office trunking, where available. Delivery of calls to, or acceptance of calls from, the Company s End User locations over Company-switched local exchange services shall constitute an agreement by the Customer to purchase switched access services as described herein. The Company reserves the right to require the Customer to submit an ASR for switched access. Manner of Provision Trunks used for Switched Access Service may be configured for one-way (either originating only or terminating only) or for two-way directionality. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commissiolt Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idaho -. .:,. , Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 73 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF DESCRIPTION OF SERVICE (Continued) Provision and Description of Switched Access Service Arrangements (Continued) Call Types The following Switched Access Service call types are available: Originating FG Access Originating 800 FG Access Terminating FG Access 2.4 Originating FG Access The access code for FG Access switching is a uniform access code of the form 1 + or 011 + or 101 XXXX. For 101 XXXX dialing, a single access code will be the assigned number of all FG Access provided to the Customer by the Company. When the access code is used, FG Access switching also provides for dialing the digit 0 for access to the Customer s operator service, 911 for access to emergency service, and! or the end of dialing digit (#) for cut-through access to the Customer s premises. The Company will provide originating FG access consistent with dialing parity obligations. Originating 800 FG Access 800 Data Base Access Service is a service offering utilizing originating Trunk side Switched Access Service. When an 8XX + NXX + XXXX call is originated by a Subscriber, the Company will perform Customer identification based on screening of the full ten-digits of the 8XXnumberto determine the Customer location to which the call is to be routed. ISSUED: May 23; 2003 EFFECTIVE: June 6, 2003 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission Office of the SecretaryACCEPTED FOR FlUNG NAY 1 .~ 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No.7 4 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF DESCRIPTION OF SERVICE (Continued) Provision and Description of Switched Access Service Arrangements (Continued) Terminating FG Access FG Access, when used in the terminating direction, may only be used to access Subscribers who are subscribing to the Company s Local Exchange Services. Calls in the terminating direction will not be completed to 950-0:XXX or 950- :xxx access codes, local operator assistance (0- and 0+), Directory Assistance (411 or 555-1212) service codes 611 and 911 and 1O1XXXX access codes. Ordering Options This section sets forth the regulations and order related charges for Access Service Requests (ASR) for Switched Access Service, as defined in this tariff. These charges are in addition to other applicable charges set forth in other sections of this tariff. Ordering Conditions The Customer may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein. Issued: March 20, 2006 Effective: May 1,2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING MAY 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 75 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF DESCRIPTION OF SERVICE (Continued) Ordering Options (Continued) Minimum Period of Service The minimum period for which Access Service is provided and for which charges are applicable is one month. The following changes will be treated as a discontinuance of the existing service and a request for installation of a new service. All associated N on-Recurring Charges will apply for the new service, and a new minimum period will be established: A change in the identity of the Customer of record; or A move by the Customer to a different building. When Access Service is disconnected prior to the expiration of the minimum period, charges are applicable for the balance of the minimum period. The Minimum Period Charge for monthly billed services will be determined as follows: For Switched Access Service, the charge for a month or fraction thereof is equivalent to 50 000 billed minutes of use for the applicable service. All applicable Non-Recurring Charges for the service will be billed in addition to the Minimum Period Charge. ISSUED: May 23, 2003 BY: EFFECTIVE: June 6,2003 Becky Gipson . . . Idaho Public Utilities CommissionDIrector - Regulatory AffaIrs Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 76 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF DESCRIPTION OF SERVICE (Continued) Reports and Testing Design Layout Report At the request of the Customer, the Company will provide to the Customer the makeup of the facilities and services provided from the Customer s Premises to the first point of switching. This information will be provided in the form of a design layout report. The design layout report will be provided to the Customer at no charge. 3.4.Acceptance Testing At no additional charge, the Company will, at the Customer s request cooperatively test, at the time of installation, the following parameters: loss, C- notched noise, C-message noise, 3-tone slope, d.c. continuity and operational signaling. BY: Effective: May 1, 2006 Becky Gipson Director - Regulatory AffairJdaho P~blic Utilities Commission Office of the Secretary2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 - 2006 Issued: March 20, 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 77 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS RATES General This section contains the specific regulations governing the rates and charges that apply for Switched Access Services: There are three types of rates and charges that apply to Switched Access Service: - Non-Recurring Charges: One-time charges that apply for a specific work activity. - Recurring Charges: Fixed charges apply each month and depend on the number and type of facilities in place. - Usage Charges: Charges that are applied on a per access minute basis. Usage rates are accumulated over a monthly period. Rate Categories There are several rate categories which apply to Switched Access Service: Carrier Switched Access Originating Carrier Switched Access Terminating Toll-Free 8XX Data Base Access Service The Company provides originating and terminating switched access service rated upon aggregate traffic volumes from the following cost categories: Common Line The Common Line cost category establishes the charges related to the use of Company-provided end user common lines by Customers and end users for switched access. Issued: March 20, 2006 BY: Effective: May 1,2006 Becky Gipson Idaho Publt I I res mmlsslonDirector - Regulatory AffaIrs Office of the Secretary 2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 (972) 478-3000 MAY 1 -- 2006 Boise. Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 78 INTRASTATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS RATES (Continued) Rate Categories (Continued) Switched Transport The Switched Transport cost category establishes the charges related to the transmission and tandem switching facilities between the Customer designated premises and the end office switch( es) where the Customer s traffic is switched to originate or terminate the Customer s communications. End Office Switching The End Office Switching cost category establishes the charges related to the use of end office switching equipment, the terminations in the end office of subscriber lines, the terminations of calls at Company Intercept Operators or recordings, the Signaling Transfer Point (STP) costs, and the SS7 signaling function between the end office and the STP. 2.4 Toll-Free 8XX Database Query The Toll-Free 8XXDataBase Query Charge, will apply for each Toll-Free 8XX call query received at the Company s (or its provider s) Toll-Free 8XX data base. Optional Features Other optional features may be available on an Individual Case Basis (ICB). Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs Idaho PubHc Utilities Commission 2440 Office of the Secretaryars ane ACCEPTED FOR FILINGCarrollton, Texas 75006 (972) 478-3000 NA Y I - 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.C. Tariff Original Page No. 79 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS RATES (Continued) Billing of Access Minutes When recording originating calls over FG Access with multi-frequency address signaling, usage measurement begins when the first wink supervisory signal is forwarded from the Customer s facilities. The measurement of originating call usage over FG Access ends when the originating FG Access entry switch receives disconnect supervision from either the originating End User s Local Switching Center - (indicating that the originating End User has disconnected), or the Customer s facilities, whichever is recognized first by the entry switch. For terminating calls over FG Access with multi-frequency address signaling, the measurement of access minutes begins when a seizure signal is received from the Carrier tnmk group at the Point of Presence within the LATA. The measurement of terminating call usage over FG Access ends when a disconnect signal is received, indicating that either the originating or terminating user has disconnected. When recording originating calls over FG Access with SS7 signaling, usage measurement begins with the transmission of the initial address message by the switch for direct trunk groups and with the receipt of an exit message by the switch for tandem trunk groups. The measurement of originating FG Access usage ends when the entry switch receives or sends a release message, whichever occurs first. F or terminating calls over FG Access with S S 7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User. On directly routed trunk groups or on tandem routed trunk groups, the Company switch receives the initial address message and sends the indication to the Customer in the form of an answer message. The measurement of terminating FG Access call usage ends when the entry switch receives or sends a release message whichever occurs first. Issued: March 20, 2006 BY: Effective: May 1, 2006 Becky Gipson Idaho Public Utilities Commission Director - Regulatory Affairs Office of the Secretary 2440 Marsh Lane ACCEPTED FOR FILING Carrollton, Texas 75006 NAY 1 - 2006(972) 478-3000 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 80 INTRASTATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS RATES (Continued) 4.4 Timing of Calls The Customer s monthly usage charges for the Company s switched access service are based upon the total number of minutes the Customer uses. Customer traffic to the Company s end offices will be measured (i., recorded or assumed) by the Company at end office switches or access tandem switches. Originating and terminating calls will be measured (i.e. recorded or assumed) by the Company to determine the basis for computing chargeable access minutes. In the event that Subscriber Customer message detail is unavailable because the Company has lost or damaged tapes or experienced recording system outages, the Company will estimate the volume oflost Customer access minutes of use based upon previously-known values. For billing purposes, FGD access minutes or fractions thereof (the exact value ofthe fraction being a function of the switch technology where the measurement is made), are accumulated over the billing period for each end office and then are rounded up to the nearest access minute for each end office and billed in increments of one (1) minute. The Company will not knowingly charge for Incomplete Calls. Upon the Customer request and proper verification, the Company shall promptly adjust or credit the Customer s account for charges or payments for any unanswered call inadvertently billed due to the unavailability ofF eature Group D or due to another Carrier s failure to provide answer supervIsIon. Rates and Charges Carrier Common Line Charges Origination Termination $0.015303 per minute $0.020432 per minute Issued: March 20, 2006 BY: Effective: May 1, 2006 Becky Gipson Idaho Public Utilities Commission Director - Regulatory Affairs Office of the Secretary 2440 Marsh Lane ACCEPTED FOR FiliNG Carrollton, Texas 75006 MAY 1 - 2006(972) 478-3000 Boise, Ideho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 81 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF SWITCHED ACCESS RATES (Continued) Rates and Charges (Continued) Tandem Switched Transport Tandem Switched Facility per Mile Mileage Bands Per Minute Rates Over 0 to 8 Over 8 to 25 Over 25 to 50 Over 50 $0.000022 $0.000023 $0.000023 $0.000024 Tandem Switched Termination Mileage Bands Per Minute Rates Over 0 to 8 Over 8 to 25 Over 25 to 50 Over 50 $0.000431 $0.000480 $0.000490 $0.000551 Tandem Switching $0.002469 per minute Local Switching Origination Termination $0.016918 per minute $0.016918 per minute 5.4 Toll-Free Data Base Query Per Query $0.003500 Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho P.c. Tariff Original Page No. 82 INTRAST ATE SWITCHED ACCESS SERVICES TARIFF LOCAL AND OEAS TRAFFIC EXCHANGE AND TERMINATION General This section establishes the methodology for the exchange and termination oflocal and OEAS traffic for carriers that do not have an interconnection agreement with the Company. Ordering Conditions The Customer may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein. Local and OEAS Traffic Compensation Local and OEAS traffic exchange will be conducted under a Bill and Keep arrangement. All local traffic will be exchanged under a Meet Point Billing Arrangement which utilizes Category 92 summary usage record exchange, unless and until either the Commission or FCC requires an alternative approach for the exchange of usage information for such traffic for use by all industry participants, pursuant to which the Company and the Terminating Carriers shall recover the costs of transporting and terminating such traffic on their networks from other parties in accordance with the then applicable regulations, including to the extent practicable, any Internet Service Provider access charge exemption. This provision does not apply to access traffic, transit traffic, or wireless traffic. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idaho Comtel Telcom Assets LP d/b/a VarTec Telecom(!!) Idaho c. Tariff Original Page No. 83 INTRASTATE SWITCHED ACCESS SERVICES TARIFF CONTRACTS AND INDIVIDUAL CASE BASIS ARRANGEMENTS Contracts The Company may provide any of the services offered under this rate sheet, or combinations of services, to Customers on a contractual basis. The terms and conditions of each contract offering are subject to the agreement of both the Customer and Company. Such contract offerings will be made available to similarly situated Customers in substantially similar circumstances. Rates in other sections of this rate sheet do not apply to Customers who agree to contract arrangements, with respect to services within the scope of the contract. Services provided under contract are not eligible for any promotional offerings which may be offered by the Company from time to time. Individual Case Basis Arrangements Arrangements will be developed on an I CB in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service. ICB rates will be offered to the Customer in writing and on a non-discriminatory basis. Issued: March 20, 2006 Effective: May 1, 2006 BY:Becky Gipson Director - Regulatory Affairs 2440 Marsh Lane Carrollton, Texas 75006 (972) 478-3000 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 1 -- 2006 Boise, Idahlt