20141120Supplement Application.pdf

BINGHAM
Boston
Hartford
Hong (ong
London
Ios Angeles
New York
Orange County
San Francisco
Santa Monica
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Tokyo
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Russell M. Blau
Jeffiey R. Strenkowski
Phone:
Fax:
202.373.6000
202.373.6001
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russel [e-mail]
jeffi [e-mail]
November 19,2014
Via Overnisht Courier
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
Boise, Idaho 83702
secretary@puc. idaho. gov
Re: Docket No. CVD-T-04-01
Application for the Transfer of the Certificate of Public Convenience and
Necessity No. 440 to Provide Facilities-Based and Resold Local Exchange and
Interexchange Services in the State of Idaho from Megapath Corporation to
GC Pivotal, LLC dlbla Global Capacity
. SUPPLEMENT
Dear Ms. Jewell:
On behalf of Megapath Corporation ("Megapath) and GC Pivotal, LLC d/bla Global
Capacity ("Global Capacity") (collectively, the "Parties") and pursuant to a request
received from staff, enclosed for filing are certain documents supplementing the Parties'
request transfer Certificate of Public Convenience and Necessity (*CPCN") No. 440 from
MegaPath to Global Capacity Pursuant, filed on November 17,2014.
Global Capacity respectfully request confidential treatment of s!!!!!p attached hereto.
This exhibit contains sensitive financial information that is considered proprietary and
confidential in nature and is not othenvise available to the public. Disclosure of such
information could provide competitors with a significant advantage that would result in
substantial harm to Global Capacity's competitive position in Idaho. Global Capacity
therefore respectfully requests that the information contained therein be treated in a
confidential manner and be protected from public disclosure.
A/76546481.1
Jaclyn A. Brilling, Secretary
November 19,2014
Page2
Enclosed for filing are an original and seven (7) copies the above-referenced Application.
The original copy of the Application is unbound. An elecfionic copy of this filing has
also been submitted. Please date-stamp the enclosed extra copy and return it in the
envelope provided. Should you have any questions concerning this filing, please do not
hesitate to contact the undersigned.
Respectfully submitte4
/4,f, /f,J-e
Russell M. Blau
Jeftey R. Strenkowski
Counsel for MegaPath Corporation and GC Pivotal, LLC
Enclosure
cc (via e-mail): Grace Seaman ([e-mail])
Eingham t(Cutrhen t LP
bioghrn.com
A/r654il81.1
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
LIST OF EXHIBITS
Management B iographies
Formation Documents
Certificate of Good Standing
Financial Statements - COMIDENTIAL, FILEI)
UNDER SEAL
lllustrative Tariffs / Price Lists
Applicant's Statement
EXHIBIT A
Management Biographies
F. Francis Naiafi - Founder and CEO
F. Francis Najafi is founder and CEO of Pivotal Group, a leading investment company focused
on private equity and real estate.
He founded the privately held firm 30 years ago, investing in landmark properties.
Pivotal Group's real estate investments have included major hotel properties including the
Century Plaza Hotel in Los Angeles, Class A commercial office properties such as 650
California Street in San Francisco, and community development projects, including Promontory
in Park City.
Drawn by the unrealized potential of well-managed middle-market companies with unique
assets, Mr. Najafi entered the private equity market in2002, and acquired Network Solutions, the
world's largest domain-name registry, in 2003. His acquisition philosophy is to initiate and
support management-led efforts to build long-term value through the adoption of disruptive
innovation, developing new products, expanding markets served and the continued optimization
of its cost structure.
Pivotal Group's private equity portfolio includes Global Capacity, the industry's first telecom
logistics company globally serving system integrators, carriers and enterprise clients.
Mr. Najafi completed his Bachelor of Science degree in engineering at Arizona State University
(ASU), followed by two Masters Degrees from Thunderbird - The School of Global
Management, and the University of Southem California (USC). At USC, he began his
entrepreneurial activities while a Ph.D. candidate in International Political Economy.
Over the past quarter century while heading Pivotal Group, Mr. Najafi devoted significant time
and resources to causes in the public interest. His commitment to community service spans the
world. Mr. Najafi is a board member of EastWest Institute, a global think-and-do tank that
devises innovative solutions to pressing security concerns; is a member of Urban Land Institute
and a govemor of the ULI Foundation, which generates funding for research and public service
activities that enhance communities. Additionally, he is active in the World President's
Organization, a global organization focused on corporate responsibility and personal service and
Chief Executive's Organization (CEO), which represents 2,000 global leaders who represent
leading businesses around the world.
Mr. Najafi is a board member of the Translational Genomics Research Institute, which employs
innovative advancements from the Human Genome Project.
Mr. Najafi's wide-ranging philanthropic interests include the Arizona Science Center, PARSA
Community Foundation, Public Affairs Alliance of lranian Americans (PAAIA), Science
Foundation Arizona and Teach for America.
Jack Lodse - President
Jack Lodge is the President of Global Capacity, responsible for all aspects of strategy and
execution of the company. He has over 23 years of experience in information technology and
telecommunications. Mr. Lodge served as Global Capacity's COO since 2008, and has been a
key driver in the development of the company's industry-leading One Marketplace platform.
Under his leadership, the number of customers and suppliers participating in One Marketplace
has grown steadily, while the company has achieved significant improvements in gross margin
and EBITDA performance.
Mr. Lodge joined Global Capacity in2006 via the acquisition of CentrePath, Inc., a privately-
held network management and engineering company where he served as General Manager, with
responsibility for all aspects of CentrePath's managed services business. Prior to joining
CentrePath's predecessor company, Giantloop, Mr. Lodge held several leadership positions in
the IT organization at Nortel Networks, where his responsibilities included network architecture
and strategy. Lodge joined Nortel via the 1998 acquisition of Bay Networks, where he held a
number of IT management positions. At Bay Networks, Mr. Lodge led the IT infrastructure
integration following the 1994 merger of Wellfleet Communications and Synoptics
Communications that created Bay Networks. Prior to Wellfleet / Bay Networks, Mr. Lodge
owned and operated a regional network services and maintenance business, distributing and
supporting technology from multiple manufacturers. He began his career with AT&T in 1989 in
a sales role.
Mr. Lodge holds a B.A. from the College of the Holy Cross, and an M.B.A. from Northeastern
University. He played varsity lacrosse at Holy Cross, and remains active as a youth lacrosse
coach. Mr. Lodge currently resides in the Boston area with his family.
Richard Garner - Secretary and Treasurer
Mr. Garner has been an integral part of Pivotal Group's management team for over ten years and
is responsible for overseeing the accounting and finance requirements of Pivotal and its portfolio
ventures.
As a Certified Public Accountant, he has more than twenty years of accounting, finance and
general business experience, including ten years as a consultant, auditor and business advisor
with the national CPA firms of Emst & Young and Kenneth Leventhal.
He enjoys community service, including serving as an active youth leader with the Boy Scouts of
America to help shape the lives of America's youth.
Mr. Garner received a B.S. in accounting from Northem Arizona University.
Ben Edmond - Chief Revenue Officer
Mr. Edmond is Chief Revenue Officer at Global Capacity, with responsibility for all aspects of
Global Capacity's revenue generation, including sales and marketing. Mr. Edmond has more
than 15 years of experience in the telecommunications industry, encompassing broad expertise in
the areas of sales, marketing and managerial experiences. Mr. Edmond joined Global Capacity in
2012. Prior to joining Global Capacity, Mr. Edmond was President of Sales and Marketing at
Fiberlight, where he led a national carrier and enterprise sales team in l5 metro markets and
conducted daily operations in customer and account development and service as well as
implementation of product development and all marketing activities.
Prior to joining Fiberlight, Mr. Edmond owned Telecom Inventory, a consulting firm focusing
on services for large enterprises requiring better access and use of telecommunications
information. Mr. Edmond's telecom experience includes eight years with Xspedius
Communications (formerly ACSI), where he held several leadership positions.
Mr. Edmond holds a M.S. in Intemational Business from St. Louis University and a B.S. in
International Business & Finance from Northeastem University.
Phil Dovle - Chief Informntion Officer
Phil Doyle is Chief Information Officer of Global Capacity, responsible for the development and
management of all proprietary Global Capacity systems and data, including One Marketplace.
Mr. Doyle has over l5 years of experience in systems and data resource management,
successfully leading development teams and facilitating innovative software solutions for the
telecommunications industry. A co-founder of Magenta netlogic, he conceived and developed
the core systems that are the foundation of One Marketplace.
Prior to co-founding Magenta netlogic, Mr. Doyle held several positions, including Managing
Director, at LANalysis and netFusion Limited. He began his career with ICI in a network and
systems engineering role.
Mr. Doyle is an engineering graduate of Manchester Metropolitan University in the UK. He
resides in Manchester with his wife and two children, where he enjoys cycling, surfing and
walking.
Craip Maeerkurth - Chief Knowledee Officer
Craig Magerkurth is Chief Knowledge Officer of Global Capacity, responsible for all systems
and data that power the business. He brings over l8 years of experience in developing, building
and managing complex, technology-based solutions for multiple industries. Most recently, he
served as Vice President of Technology Programs at the Rise Group, where he had oversight of
network and video surveillance programs such as Operation Virtual Shield, a Homeland Defense
initiative in Chicago.
Previously, Mr. Magerkurth served as Chief Information Officer at Universal Access, where he
managed the initial build-out of the Universal Transport Exchanges (UTX), and was instrumental
in the development and deployment of the Universal Information Exchange (UIX) and Universal
Solutions Exchange (USX). Through merger, these solutions ultimately became key components
of what today is Global Capacity's One Marketplace. Mr. Magerkurth has previously served in
executive roles for American Traffic Solutions and Mobility Technologies, in addition to serving
as Chief Information Officer for 20-20 Technologies. He began his career in the United States
Army Corp of Engineers.
Mr. Magerkurth is a graduate ofthe United States Military Academy at West Point, where he
served as President of his class. He holds a Masters of Science in Engineering Management from
the University of Missouri at Rolla. Mr. Magerkurth currently resides in the Austin, TX area with
his family.
John Nannenhorn - Senior Vice President of Finance
As Senior Vice President of Finance for Global Capacity, John Nannenhorn is responsible for
directing all aspects of Global Capacity's Finance, Accounting, Internal Control, Treasury,
Human Resources, Legal and Administrative affairs. He brings over 20 years of comprehensive,
in-depth, multi-industry experience.
Most recently, Mr. Nannenhom served as Vice President/Controller at AiCell, where he played
an integral role in building the company's Finance Department from the ground-up. He was
instrumental in defining and deploying core accounting processes as well as hiring, developing
and mentoring a top-performing financial team. Previously, Mr. Nannenhom served as Executive
Director of Finance at ConferencePlus and held several executive roles within prominent
corporations including LANSA, Baan, SAP, Memorex Telex and Ryobi. As Chief Financial
Officer at LANSA, he was instrumental in implementing new accounting and reporting systems
as well as crafting and deploying mission-critical pricing and business model policies. Mr.
Nannenhorn began his career as a Senior Accountant with Friedman, Eisenstein, Raemer &
Schwartz, LLP.
Mr. Nannenhorn holds a Masters of Business Administration in Finance and Bachelor of Science
in Accountancy from Northem lllinois University's College of Business in DeKalb, Illinois. He
currently resides in the greater Chicago area.
Jeremv Kissel - General Counsel
Jeremy Kissel is GeneralCounsel at Global Capacity, responsible for all legal and compliance
functions of the company. Prior to joining Global Capacity in2012, Mr. Kissel worked for a
boutique communications law firm in Washington, D.C.and Chicago, assisting companies with
regulatory compliance, commercial transactions, and representing clients before federal
govemment agencies and the United States Congress. While serving as both an Attorney-
Advisor in the Policy Division of the Federal Communications Commission's Media Bureau and
Acting Legal Advisor to the Chief of the Media Bureau, Mr. Kissel was involved in all aspects of
regulatory proceedings at the agency.
Prior to joining the Federal Communications Commission, Mr. Kissel worked in a United States
Senate Leadership Office in Washington, D.C. From 2003 to 2006, Mr. Kissel was a litigator in
Miami, Florida, where he concentrated his practice on insurance defense, insurance coverage,
and bad faith matters.
Mr. Kissel holds a Bachelor of Science (B.S.) from Florida State University, a Juris Doctor (J.D.)
from Nova Southeastern University, Shepard Broad Law Center, and a Master of Laws (LL.M)
from American University's Washington College of Law. Mr. Kisselresides in Chicago with his
wife.
EXEIBIT B
Formaffon Dosuments
lDefowore PN|A 1
tru first Snte
DEIAWARE, DO EBAgBt CEa;tErtT ?rgB AlmACf,BD.[AE rR[rE AND CORRECT
COPZES OE AIrt DOC/0I'BN'4S ON $EI/E OE nAC ?IWTAL. IJLCil AS REffiIVED
AISD .EIDTD XT TAIS OEEZCE.
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^IT\ORBSE D T,IT'TIIED LTABTLTtY COD@ATI:T, N@ PZIIO'TAL, I,LCI'.
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Yd 8t srrllV tlie a,EE;lrl,qb oDrl,BeC oorp. dofr6;o. gorlrEt[rr8. crrtrl
st,,ce of Elam.ssScar€t8rt/ of St5toDiYlttcE of &dtE,xzCtqsDe.t.lvergd 0il73 At Ot/20/2070EIIED o5:2o Dt{ dt/20/2070fit 700505tm - 4e2!t8gt EIIE CER'I'TFICATE OF FORMATI ON
OF
. GCPIVOTAL,LLC
The undcrsigred, an authorized ruhml pennn, forthe purposc of forming a
limied lirbility coml,any, un&r the prwisiors and subject to the requirerncnts of the Statc of
Delauarc (particularly Chapto 18, Titlc 6 of the Delaware Code and the acts amcndatory thereof
and nrpplementalttrcrcto, and knowq idcntilied,ardrcfened to as the *Dclaurarc Limited
Liability Company Act), hereby ccrlitics thal:
EIRSI: Thc namc ofthe limitcd liability company (hereinafbr called the
'limited liability compant') is:
GC Pivotsl' LLC
SECOND: The address of thc registered oflice ard thc namc and trc addrcss of
the registerod agent of thc lirnitcd liability company required to be maintained by Section I 8- 104
of the Delawarc Limited Liability Company Act are:
Copotation Sewice Company
271 I Ceatewille Rosd, Suite 400
Wilmington, New Castle Connty, Delawarc 19808
THIRD: This Ccrtificate of Forrnation shall be effectivE upon filing.
E:cecutedon LIay 2O 2010.
/d Eleanor Romanelli
Eleanor RomancUi
Authorized Person
LIIVTTTED LIABILITY COMPANY AGREEMENT
OF
GC PIVOTAL, LLC
This LIMITED LIABILITY COMPANY AGREEMENT (this "Agrcg&d")
of GC Pivotal, LLC (the "@pggy") is effective as of May 20, 2010 and is entered into by
PivotalGlobal Capacity, LLC, an Arizona limited liability company, as the sole member (the
"Membef').
l. Formation of Limited Liabilitv Company. The Company is hereby formed
as a limited liability company pursuant to the provisions ofthe Detaware Limited Liabiliry
Company Act, 6 Del. C $18-l0l, el Eeg., as it may be amended from time to time, and any
successor to such statute (the "Act"). The rights and obligations of the Member (as defined
below) and the administration and termination of the Company shall be govcmed by this
Agreement and lhe Acr This Agreement shall be considered the "Limited Liability Company
Agreement" of the Company within the meaning of Section l8-l0l(7) of the Ast. To the extent
this Agreemeni is inconsistent in any respect with the Act, to the fullest extent permitted by the
Act, this Agreement shall control. Eleanor Romanelli is hoeby designated as an "authorized
person" within the meaning of the Act, and has executed, delivered and filed the Cenificarc of
Formation of the Company with the Secretary of Sate of the State of Delaware (such filing being
hereby approved and ratified in all respects). Upon the filing of the Certificate of Formation
with the Secretary of State of the State of Delaware, her powers as an "authorized person"
ceased, and the Member thereupon became the designated "authorized person" and shall
continue as the designated "authorized person" within the meaning of the.Aet. The Member, as
an authorized person, within the meaning of the Acl" shall execute, deliver and file, or cause the
execution, delivery and filing of, all certilicates (and any amendments and/or restatements
thereo$ required or perrritted by tlre Act to be frled in with the Secretary of State of the State of
Delaware. The Member shall execute, deliver and file, or cause the execution, delivery and
filing of any certificates (and any amendments and/or restatements thereoD necessary for the
Company to qualifu to do business in any other jurisdiction in which the Company rnay wish to
conduct business.
2. Members. Pivotal Global Capacity, LLC is hereby admitted as the sole
member of the Company upon its execution and delivery of this Agreement.
3. Purlpse* The purpose of the Company is to engage in any and all other
lawful businesses or activities in which a limited liability company rnay be engaged under
applicable law (including, without lirnitation, the Act).
4. Name. The name of the Company shall be GC Pivotal, LLC.
5. Registered Agent and Principal Office* The registered agent of the
Company in the Sute of Delaware shall be Corporation Service Company whose address is 271I
Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808. The mailing
address of the Company shall be 3200 East Camelback Road, Suite 295, Phoenix, Arizona
85018. The Company may have such other oflices as the Mernber may designate from time to
time,
6. Term of Company. The Company shall commence on the date set forth as
the "effective date" as set forth in a Certificate of Formation of the Company that has been
properly filed with the Secretary of State of the State of Delaware and shall continue in existence
in perpetuity unless is business and affairs are earlier wound up following dissolution at such
time as this Agreernent rnay specify.
7. Management of Company. Except to the extent delegated to the Oflicers
of the Company pursuantto Section 8 below, all decisions relating to the business, affairs and
properties of the Company shall be made by the Member-
8. Desienation of Officers..
(a) The lvtember rnayr from time to time, designate officers of tlre Company
and delegate to such officers such authority and duties as the Member may deem advisable (the
"QIfiEIg") and may assign titlas (including, without limitation, Chairman, Chief Executive
Officeq Chief Financial Officer, Chief Operating Officer, president, vice-president, secrttary
and/or neasurer) to any such Officer. Unless the Mernber otherwise detemrines, if the title
assigned to an Offrcer of the Company is one commonly used for oflicers of a business
corporation formed underthe Delaware General Corporation [aw, then the assignmentof such
title shall constitute the delegation to such Oflicer of the authority and duties ilrat are customarily
associated with such office. Any number of titles may be held by the sarne Offrcer- Any Officer
to whom a delegation is made (including any delegation contained in an employment agreement,
subject to the limitations contained therein) shall serve in the capacity and have such powers as
delegated unless and until such delegation is revoked by the Member in whole or in part for any
reason or no reason whatsoever, with or without cause, or such Officer resigns, The initial
Officers of the Company are set forth on Schedule A herelo.
O) In addition to such other duties as may be delegated to any Oflicer of the
Company, the President of the Company shall be the most senior officer of the Cornpany and
shall, subject to the control of the Member, have general supervision, direction and control of the
business and oflicers of the Company.
9. Reimbursement: Compensation. Each Officer shall be reimbursed for any
actual costs reasonably incurred in connection with such Officer's service as an officer of the
Cornpany.
10. Lirniatlon of Liability: Indemnification: Duties.
(a) To the fullest extent permitted by law, none of (i) the Member (in is
capacity as Member), (ii) the affiliarcs, agents, officers, partners, employees, representatives,
directors, members or shareholders of the Member or the Cornpany and (iii) each former officer,
director, employec, or rnember (collectively, the "l4dgxgg!pgg') acting in accordance with this
Agreement shall be liable responsible, or accountable, in damages or otherwise, to the Company
or the Member thereof for doing any act or failing to do any act, whelher before, on or after the
date hereof, the effect of which may cause or rcsult in loss or damage to the Company or the
Member if: (A) the act or failure to act of such Indemnitee was in good faith, in a manner it
reasonably believed to be *'ithin the scope of such Indemnitee's authority and in a manner it
reasonably believed to be in, or not inconsistent with, the best interest of the Company; and (B)
the conduct of such Person did not constitute fraud, willful misconduct, gross negligence or a
material breach of this Agreement.
(b) The Company shall defend, indemnify and hold harmless any Indemnitee
to the greatest extent permitted by law against any and all liabilities, obligations, losses,
damages, penalties, actions, judgrnents, suits, proceedings, costs, expenses and disbursements of
any kind or nature whatsoever, and all costs of investigation in connection therewith, as a result
of any claim, ttueatened action or legal proceeding by any penion (including, without limitation,
by or through the Company, any subsidiary and/or the Member), or otherwise imposed upon or
incurred by such Indemnitee, relating to the performance or nonperformance of any act
concerning the activities of the Company or a subsidiary, whether before, on or after tre date
hereof, if: (i) the act or failure to act of such Indemnitee q'os in Sood failll within the scope of
such Indemnitee's authority and in a manner it reasonably believed to be in, or not inconsistent
with, the best interest of the Company or such subsidiary; and (ii) the conduct of such
lndemnitee did not constitute fraud, willful misconduct" gross negligence or a material breach of
a material provision of this Agreement. The indemnification authorized by this subsection (b)
shall include any judgnrent, award, settlement, thc payment of reasonable attorneys' fees and
other expense (not limited to taxable costs) incurred in settling or defending any claims,
threatened action or finally adjudicated legal procecding.
(c) From time to timg as reque$ed by an lndernnitce hereunder, such
attorneys' fees and other expenses shall, unless the Member determines that the [ndemnitee has
failed to meet the standards set forth in subsection (b) (aking into account, among other things,
the availabitity of security for any repayment obligation on the part of the Indemnitee), be
advanced by the Company prior to the final disposition of such claims, actions or proceedings
upon receipt by the Company of an undertaking, rdasonably acceptable to the Member, by or on
behalf of zuch Indemnitec to repay such amounts if it shall be determined that such Indemnitee is
not entitled to be indemnified as authorized hereunder.
(d) Any indemnification by the Company provided hereunder shall be
satisfied solely out of assets of the Company as an expense of the Company (and the proceeds of
any directors and oflicers insurance).
(e) The provisions of this Section l0 are for the benefit of the Indemnitees
and their estate and heirs and shall not be deemed to create any rights for the benefit of any other
person.
(f) The provisions of this Secrion l0 shall survive the termination of this
Agreement. Any termination or amendment of this Section l0 shall not adversely affect any
right or protection hereunder of any Indemnitee in respect of any act or omission prior to the
time of such termination or amendmenl
I l. Distributions. Each di$ribution of cash or other property by the Company
shall be made 10070 to the Member.
12. Dissolution and Winding Up. The Company shall dissolve and its
business and affairs shall be wound up upon (i) the written consent of the Member, (ii) any time
there are no members of the Company unless the Cornpany is continued in accordance with the
Act, or (iii) thc entry of a decree ofjudicial dissolution under Section l8-802 of the Act.
13. Amendments. This Agreement may be amended or modified from time to
time only by a written instrument executed by the Member,
14. Governin&Law. The validity and enforceability of this Agreernent shall
be governed by and consmrcd in accordance with the laws of the State of Delaware without
rcgard to otherwise governing principles of conflicts of law.
ISTGNATURE PACE TOLLOWSI
Themdersigne4 being the sole MeurberofthcCompann docs hercby adopt tlris
Agreement as of dre date first obove wrtttcn
PMTAL GLOBAL CAPACITY, LLC
lsignarrrc Pa3o ro dc l.ftnitcrl Lhbility Coqrrrl Agreua ofGC Pitonl, LLCI
EXEIBITC
Cer{flcrte of Gmd Shndlng
9/t6,20lrl IOSOS CERIIFICATE OF EXISTENCE
State of ldaho
CER'I'I FICATE OT EXISTENCE
OF
CC PIVOTA[., LI,C
File Numbcr W-91745
l, BEN YSURSA. Sr:crctury of State of the Slate of ldalro, hereby ccrtify that I am the custodian of
thc lirnited liabiliry company records of this State.
I FURTHER CERTTFY That the records of this officc show that thc abovc-named lirnited liability
company was organizcd under thc larvs of DELAWARE and liled for authorization to lransact business
in ldaho on 6/01/2010.
I FURTI-IER CERTIFY That the limitcd liability conrparry's certificate of authority has not bccrt
canccled.
Datr,'d: 9, 16l}01 4 2:59 PM
{i*W
SECREI'ARY OF STATE
Authcntic ..\cccss ldaltrr Docutrrcnt t lrttp us'u.acc )
'l"ag:b5ac5t5tll{d7.l0tr7b-1c56ic7c9{)ld6dl7{xht2.t08lbd60-1tt55bcbfltlr1699797le92l0llt60trl27c-1
Office oF the Secretary of State
https: //www..lcccssrdaho.org/soc:ute/soycorp/cod. hlml
EXHIBIT D
Flnancial Statemmts
ICONFIDENTAL - Submltud Under SaalJ
EXIIIBIT E
Propored Tartff(c)
GC Pivotal LLC dlblr Global Capaclty Idaho Tariff No. I
Original Page I
GC Plvotal LLC d/Ua Global Capaclty
TELECOMMUNICATIONS TARJFF
GC Plvotsl LLC d/b/r Globrl Capaclty
180 North kSalle Street, Suite 2430
Chicago,lL 60601
This Tariffcontains the rales, terms and conditions applicable to the furnistring of interexchange
telecommunications services provided by GC Pivotal LLC dlblaGlobal Capacily within the State of ldaho.
Issued: September 23,2014
By:
Elfective:
Jercmy M, Kissel General Counscl
180 North l-aSalle Street, Suite 2430
Chicago,lL 60601
GC Plvotal LLC illbla Global Capaclty Idaho TariffNo. I
Original Page 2
CHECK SHEET
Pages of this Tariff, as indicated below, are effective as of the date shown at the bonom of the respective pages.
Original and revised pages, as named below, comprise all changes from the original tariffand arc currently in
effect as of the date on the bottom of this page.
PAGE REVISIONI Original
2 Original3 Original
4 Original
5 Original6 Original7 Original
8 Original9 Originall0 Original
I I Original12 Original13 Original
14 Original
15 Originat
16 Original17 Origina!lE Original19 Original20 Original
REVISION
Original t
Original t
Original *
Original t
Original 'Original t
Original i
PACEr2l.22r23.24425+26
127
a
I
t
I
a
t
I
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I
I
+
a
I
t - indicates thosc pages included with this filing.
September 23,2014 Effective:Issued:
By:Jererny M. Kissel Geireral Counsel
180 Norlh laSalle Street, Suite 2430
Chicago,IL 60601
GC Plvoial LLC illblt Global Capaclty Idaho TariffNo. I
Original Page 3
TABLE OF CONTENTS
Titlc Page
Check Sheet
Table of Contcnts
TariffFormat
Symbols
Application of Tariff
Service Area Map
SECTION I - Technical Terms and Abbreviations
SECTION 2 - Rules and Regulations
SECTION 3 - Servicc Descriptions and Ratcs
SECTION 4 - Contracts and Promotions
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3
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5
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Scptcmbcr 23,2014 Effective:Issued:
By:Jeremy M. Kisscl Gcneral Counscl
180 North l-aSalle Str€et, Suite 2430
Chicago, tL 60601
B.
c.
GC Plvoial LLC illUt Global Capaclty Idaho TariffNo. I
Original Page 4
TARIFF FORMAT
Page Nuuberlng - Page numbers appear in the upper right comer of the pagc. Pages are numbercd
sequmtially. However, new pages arc occasionally added to the Tariff. When a new page is added
between pages already in effect, a decimal is added. For example, a new page added between pages
l4 and l5 would be 14.1.
Page Revlsion Nuubers - Revision numbers also appear in the upper right corncr of each page.
These numbcrs are used to determine the most cutrent pege version on file with the Commission. For
cxampte, the 4th revised Page 14 cancels the 3rd revised Page 14. Becausc of various suspension
periods, deferrals, etc. the Commission follows in their Tariffapproval process, the most currert page
number on file with the Commission is not always the Tariffpage in effect. Consult the Check Sheet
for the page curr€ntly in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level ofcoding
is subservient to its next higher level:
2.
2.t.
2.1. t.
2.1.1.A.
2.t.1.A.1.
2.1.1.A.1.(a).
2.t.1.A.1.(a).1
2.1.1.A.1.(a).I.(i).
2. l. l.A. l.(a).I.(i).( l).
Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet
accompanies the Tariff liling. The check shcct lists the pages contained in the Tariff, with a cross
referc,lrce to the curent revision number. When new pages are added, the check sheet is changed to
reflect the rcvision. All revisions made in a given filing are desigrrated by an asterisk(i). There will
be no other symbols used on this page if thesc are the only changes made to it (i.e., the format, etc.
remains the samq just revised revision levels on some pages). The Tariffuscr should refer to the
latest check sheet to find out if a particular page is lhe most current.
Jeremy M. Kissel General Counsel
180 North kSalle Street, Suite 2430
Chicago,lL 60601
Issued:
By:
September 23,2014 Effective:
C GC Plvotal LLC d/b/a Global Ccprclty Idaho TariffNo. I
Original Page 5
SYMBOLS
The following are the only symbols used for the purposes indicated below:
(c)
(D)
(D
(M)
(N)
(R)
(r)
Changed regulation.
Delctc or discontinue.
Change Resulting in an increase to a Customer's bill.
Movd from another Tarifflocation.
New
Change resulting in a reduction to a Customer's bill.
Change in text or regulation.
Se,ptember 23, 2014 Effective:lssued:
By:Jeremy M. Kissel General Counsel
It0 North l-aSalle Strect, Suite 2430
Chicago,lL 60601
GC Plvotal LLC dlblr Global Capaclty Idaho TariffNo. I
Original Page 6
APPLICATION OF TARIFF
This Tariffcontains fie regulations and rates applicable to the furnishing of intrastate resale common
carrier communications service and enhanced directory services by GC Pivotal LLC dlbla Global
Capacity within the State of ldaho.
SERVICE AREA MAP
GC Pivotal LLC dlblaGlobal Capacity will provide intrastate service throughout the State of ldaho.
Jeremy M. Kissel General Counsel
180 North laSalle Streel, Suite 2430
Chicago,IL 60601
Issued:
By:
Septenrber 23,2014 Effective:
GC Pivotal LLCillbla Globa! Cepaclty Idaho TariffNo. I
Original Page 7
SECTION I.O - TECHMCAL TERMS AITID ABBREVIATIONS
Access - Access to the Compan/s scrvices are provided by one or mor€ or a combination of the following
methods: presubscription in cqual access areas, direct access! 800, 950 and I0XXX dialing sequences.
Accecs Code - A sequence of numberc lhal, when dialed, connect the caller to the provider of services
associated with that sequence.
Author{zatlon Codc - A predefined series of numbers to be dialed by the Customer or End Uscr upon access
to the Compan/s system to notify the caller and validate the calleds authorization to usc the services provided.
The Customer is responsible for charges incuned through the use of his or her assigned Authorization Code.
Authorlzed User - A personr firm or corporation, or any other cntity authorized by the Customer or Subscriber
to communicate utilizing the Compan/s services.
Commlsslon - Refers to the ldaho Public Utilities Commission.
Company or Carrler - Refers toGC Pivotal. LLC drbla Global Capacity, issuer of this Tariff.
Customer - A pcrson, frm, partnership, corporation or other entity which arranges for the Canier to provide,
discontinue or rearrange telecommunications services on behalf of itself or others; uses the Carrieds
teleommunications services; and is responsible for payment ofcharges, all under the provisions and terms of
fiis tariff.
Issued: September 23,2014
By:Jererny M. Kissel General Counsel
180 North LaSalle Street, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotal LLC iUbla Globel Crpeclty Idaho TariffNo. I
Original Page 8
SECTION 1.0 - TECHNICAL TERMS AIID ABBREVIATIONS, (CONT'D.)
LATA - Local Area of Transport and Access.
LEC - lncal Exchange Company.
Pergonrl ldentlficetlon Number (PINF See Authorization Code.
Premlse - The term "Premise" denotesI building or buildings on contiguous property (except railroad rights-
of-way, etc.) not separat€d by a public highway.
Subccrlber - Any person, firm, partnership, corporation, govcnrmental agancy or other entity lhat orderc
scrvicefromtheCompanyonbehalfofitselforonbehalfofothers. ASubscribermay,intheordinarycource
of its opemtions, makes telcphones available to transi€nt users of its premises for placing of intrastate calls.
The Subscriber has a pre<xisting business arangement with the Company and may also bc a Customcr.
Issued: September 23,2014
By:Jctemy M. Kissel General Counsel
180 North laSalle StrEct, Suite 2430
Chicago,lL 60601
Effective:
2.1
GC Plvotal LLC d/b/a Globrl Capaclty Idaho TariffNo. I
Original Page 9
SECTION 2.0. RULES AND REGULATIONS
Undertrklng of the Company
GC Pivotal's services and facilities are fumishod for communications originating at spccified points
within thc State of Idaho under terms of this Tariff.
GC Pivotal provides for the inslatlation, operation, and maintenance of the communications services
provided he,rein in accordance with the terms and conditions set forttr under this Tariff. GC Pivotal
may act as the Customer's agent for ordering access connection facilities provided by other carriers or
entities, when authorized by the Customcr, to allow connection of a Customeds location to the GC
Pivotal services. The Customer shall be responsible for all charges due for such service arrangement.
The Compan/s services are provided on a monthly basis unless othenvise providod and are available
twenty-four (24) hours pet day, seven (7) days per week.
Use
2.2.1 Services provided under this Tariff may be used by the Customer for any lawful
telecommunications purpose for which the service is technically suited.
2.2.2 The services the Company olkrs shall not be used for any unlawful purpose or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations,
licenses, consents, and permits.
Issued: Scptember 23,2014
By:Jcremy M. Kissel Gencral Counsel
180 North taSalle Street, Suite 2430
Chicago,lL 60601
Effective:
GC Plvotel LLCillblt Global crpacity Idaho TariffNo. I
Original Page l0
sEcTtoN 2.0 - RULES AND REGULATIONS, (CONT'D.)
Limitedons of Servlce
23.1 Service will be furnished subject to the availability of the nere$ary facilities and/or
equipmant and subject to the provisions of this Tariff.
2,3.2 The Company reserves the right to discontinue fumishing service, upon wrilten notice, when
necessitated by conditions beyond its control, or when the Customer is using the service in
violation of the provisions of this Tariff, or in violation of law.
233 The Company does not undertake to transmit messages, but oflers the use of is hcililies
when available, and will not be liable for erors in transmission or for failurc to establish
connections.
Arsignment and Transfer
All facilities provided under this Tariffare directly or indirectly controlled by GC Pivotal and neither
the Customer nor Subscriber may transfer or assign the use of service or facilities without the express
written consent of the Company. All regulations and conditions contained in this Tariffshall applyto
all such permittcd assignees or transferees, as well as all conditions of service. Such transfer or
assigrment, when permitted, shall only apply where there is no intemrption of the use or location of
the service or facilities.
2.4
Issued: Scptcrnber 23,2014
By
Effective:
Jeremy M. Kissel General Counsel
180 North LaSalle Street, Suite 2430
Chicago,IL 60601
2.5
GC Pivotal LLC d/b/a Global Capaclty Idaho TariffNo. I
Original Page I I
SECTION 2.0 - RULES AND REGULATIONS, (CONT'D.)
Llabillty of the Company
2.5.f The liability of the Company for any claim or loss, expense or damage (including indirect,
spocial, orconsequcntial damage) forany interruption, delay, error, omission, ordefect in any
service, facility or transmission provided undcr this Tariff shall not exceed an amount
equivalent to the proportionate charges to the Customer for the period of service or the facility
provided during which such intemrption, delay, emor, omission, or defect occurs.
2,5.2 Thc Company shall not be liable for any claim or loss, expense, or damage (including
indirect, special, or consequcntial damage), for any intemrption, delay, crror, omission, or
other defect in any service facility, or transmission provided under this Tariff, if caused by
any person or entity other than the Company, by any malfunction of any service or facility
provided by any other carrier, by any act of God, firc, war, civil disturbance, or act of
govenlmenl, or by any other cause beyond the Compan/s direct control.
2.53 The Company shall not be liable for, and shall be fully indemnified and held harmless by
Customer or olher users of its service against any claim or loss, expcnse, or damage, (i) for
defamation, invasion of privacy, infringernent of copyright or patent, unauthorized use of any
trademarlq trade name, or service mark, unfair competition, intederence with or
misappropriation or violation of any contract, proprietary or creative right, or any other injury
to any person, property, or entity arising from the material data, information, or content
revealod to, transmined, proc€ssed, handled, or used by Company under this Tariff, or (ii) for
connecting, combining, or adapting Compan/s facilities with Customeds apparatus or
systexns, or (iii) for any act or omission of the Customer, or (iv) for any personal injury or
death of any person, or for any loss of or damage to Customer's premises or any other
propcrty, whether owned by Customer or others, caused directly or indirectly by the
installation, maintenance, location, condition, operation, failure or rcmoval of equipment or
wiring provided by the Company if not directly caused by negligorce of the Company.
2,5,4 The Company shall not bc liable for any claim, loss, or refund as a result of theft or
unauthorized usc of Authorization Codes issued for the use of the Company's services.
5.5.5 The included Tarifflanguage does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibility to
adjudicatenegligenceand consequcntial damageclaims. It isalso thecourt'srcsponsibilityto
determine the validity of the exculpatory clause.
Issued: Septonber 23,2014
By:Jeremy M. Kissel General Counsel
180 North LaSalle Street, Suite 2430
Chicago,IL 60601
Effective:
2,6
GC Plvotal LLC dhla Globel Capaclty Idaho TariffNo. I
Original Page 12
sEcTloN 2.0 - RULES AND REGULATIONS, (CONT'D.)
Bllllng rnd Pryment for Senlcc
2.5.1 PaymentArrangements
The Customer is responsible for payment ofall charges for serviccs and equipment fumishd
to thc Customet for transmission of calls via the Company. The Customcr agrces to pay to the
Company or its authorized agent any cost(s) incurred as a result ofany delegation ofauthority
resulting in the use of his or her communications equipmenl and/or network scrvices which
result in lhe placernent of calls via the Company. The Customer agres to pay the Company
or its aulhorized agent any and all cost(s) incurred as a result of the use of the service
arangement, including calls which the Customer did not individually authorize.
All charges due by the Customer are papble lo the Company or any agency duly authorized
to receive such payments. Terms of payment shall be according to the rulcs and regulations of
the agency and subject to the rules of regulatory agencies, such as thc ldaho Public Utilities
Commission. fuiy objections to billed charges must be promptly rcported to the Company or
its billing ag€nt. Adjustrn€nts lo Customers' bills shall be made to the extent that
circumstances exist which reasonably indicate that such changes are appropriate.
Charges for installations, sewice connections, moves, and rearrangcmeots, where applicablg
arc payable upon dernand by ttre Company or its authorized agent. The billing thercafter will
include recurring charges and actual usage as defined in this Tariff.
Jeremy M. Kissel General Counsel
180 North l-aSalle Strcet, Suite2430
Chicago,lL 60601
lssued:
By:
September 23,2Al4 Effective:
GC Plvotal LLC dlblr Globrl Capaclty IdahoTariffNo. I
Original Page 13
sEcTtoN 2.0 - RULES AND REGULATIONS, (CONT'D.)
2.6 Bllllpg and Peyment for Scnlce, (Cont'd.)
2.6.2 Deporitr
The Company does not requirc Customff deposits.
2.63 Advance Payments
The Company does not require Advance Payments.
2.6.4 Late Payment Feer
The Company does not bill Customers a late payment f€e.
2.65 Retum Chcck Chrrge
A return check charge of $25.00 will be asscssed for checks retumed for insuffrcient funds.
Any applicable retum check charges will be asscsscd according to the tcnns and conditions of
the billing entily and pursuant to ldaho law and ldatro Public Utilities Commission
regulations.
lssucd: September 23,2014
Brr Jerany M. Kissel General Counsel
180 North l-aSalle Street, Suite 2430
Chicago,IL 60601
Effective:
2,6
GC Plvotal LLC d/b/a Global Capaclty Idaho TariffNo. I
Original Pagc 14
SECTION 2.0 - RULES AND REGULATIONS, (CONT'D.)
Bllllng and Payment for Serrlce, (Cont'd.)
2.6.6 Bllllng Dlrpute
A. Any objections to billed charges must be reported to the Company or is billing agent
in writing within twenty (20) days of lhe date printed on the invoice or statement
issued to the Customer. Disputes must be submitted in writing. Adjustnents to
Customem' account shall be made to the extcnt that circumshnccs exist which
reasonably indicate that such changes are appropriate.
B. Late paymcnt fees will not be applied during the period when a bill is disputed
regudless of the outcome of the dispute.
C. Customers may contact the Company's business offrce at the following toll-free
number: l-E66-2264244
D. Ifthe Customer is not satisl'red with the outcome of the bilting disputq the Customer
may contact the Commission at the following address:
Idaho Public Utilities Commission
472 West Washington
Statehouse
Boise,ID 83720{074
Telephone: [phone]
Issued: Septembcr 23,2014
By:Jercmy M. Kissel Gencral Counsel
180 North LaSalle Street, Suile 2430
Chicago,lL 60601
Effective:
2,1
GC Plvotal LLCillbla Globgl Caprclty Idaho TariffNo. I
Original Page 15
sEcTroN 2.0 - RULES AND REGULATIONS, (CONT'D.)
Taxes and Fees
2,7.1 All federal, state and local taxes (e.9., gross receipts tax, sales tax, municipal utilities tax) are
not included in the rates under this Tariff, but shall be listed as separate line items on the
Customer's bill.
2.7.2 To the extent that a municipality, other political suMivision or local agency ofgovemmeoq or
Commission imposes upon and collects from the Company a gro6s receipts tax, occupation
tax, license tax, permit fee, franchise fee, or regulatory fce, such taxes and fees shall, insofar
as practicable and allowed by law, be billed pro rata to Customers receiving seruice from the
Company within the territorial limits ofsuch municipality, other political subdivision or local
agency of governmant.
2.73 The Company may adjust its rates and chargcs or impose additional rates and charges on its
Customers in order to recover amounts it is required by governmental or quasi-govemm€nbl
authorities to collect from or pay to olhers in support of statutory or regulatory programs.
Issued: Scpternber 23,2014
Br,:Jeremy M. Kissel General Counscl
180 North kSalle SreeL Suite 2430
Chicago, tL 50601
Effective:
2.8
GC Plvotrl LLC d/b/a Global Capaclty ldaho TariffNo. I
Original Page 16
sEcTroN 2.0 - RULES AND REGULATIONS, (CON'I!.)
Refunds or Credlt for Servlce Outages or Deflclcncles
2.8.1 Internrpdon of Senlce
Credit allowances for intemrptions of servicc which are not due to the Company's testing or
adjusting, to the negligence of the Customer, or to the failure of channels, equipment or
communications systems provided by the Customert are subject to the general liability
provisions sel forth in Section 2.5 herein. No credit is issued for outages less than 2 hour in
duration. Credil for outages gtreater than 2 hour in duration is issued for fixcd recurring
monthly charges only, Outage credits are calculated in thirty minute intcrvals. The amount of
the credit is determined by pro-rating lhe monthly recurring charge for the time of the outage
(in thirty-minute intervals). It shall be the obligation of the Customer to notify the Company
immediately of any intemrption in senrice for which a credit allowance is desired by
Customer. Before giving such notice, the Customer shall ascertain that the trouble is not
within his or her control, or is not in wiring or equipmant, if any, furnished by the Customcr
and connccted lo the Company's terminal.
Credil allowances for intemrptions of service billed on a usage basis shall be limited to the
ratc applicable to the initial period of the call lo compensate for re-establishment of the
connoction.
2,t.2 Inspectlon, Tesdng and Adiustment
Upon reasonable notice, the facilities provided by the Company shall be made available to the
Company for zuch tests and adjustmants as may be deemed necessary for maintenance in a
condition satisfactory to the Company. No intemrption allowance will be granted for lhe time
during which such tests and adjustments are made.
Jeremy M. Kissel General Counsel
180 North L.aSalle Street, Suite 2430
Chicago,IL 60601
Issued:
By:
Scptember 23,2014 Effective:
2.9
GC Plvotal LLC d/h/a Global Capaclty Idaho TariffNo- I
Original Page 17
SECTION 2.0 - RULES AND REGULATIONS, (CONT'D.)
Cencelletlon or Termlnrtlon of Senlce by Customer
Customers may cancel senrice in urriting at any time. The Company shall hold the Customer
responsible for payment ofall charges, including fixed fees, surcharges, ctc., which accrue up to the
cancellation date. In the cvent the Customer executes a tcrm commitment agreement with the
Company, the Customer must cancel service and terminate the agreement in accordance with the
agreement terms.
2.10 Refusal or Dlccondnutnce by Compeny
2.10.1 Se'rvice may bc suspended by the Company, without noticc to the Customer, whor the
Company deems it necessary to takc such action to prevent unlawful use of its service. GC
Pivotal will restore services as soon as it can be provided without undue rislq and will, upon
request by the Customer, assign new authorization codes to replace oncs that have been
deactivated.
Issued: Septernber 23,2014
By
Effective:
Jeremy M. Kissel General Counsel
180 North l-aSalle SEeEt, Suite 2430
Chicago,IL 60601
GC Plvotal LLC d&/a Global Caprclty Idaho TariffNo. I
Original Page l8
SECTION 2.0 - RULES AND REGULATTONS, (CONT'D.)
2.f0 Rcfusal or Dlrcontlnuancc by Company, (Contrd.)
2,10,2 The Company may refuse or discontinue service under the following conditions providod that,
unlcss othenvise stated, th€ Customer shall be give,n five (5) days written notice to comply
with any rule or rcmedy any deficiancy
A. For nonpaymcnt of undisputed charges, provided that suspension or tcrmination of
service shall not be made without five (5) dayr notice to the Customcr, ercepl in
extr€me cases. Such notice will be provided in a mailing scparatc liom thc
Customer's regular monthly bill for seryice.
B. For non+ompliance with or violation of any State, Municipal, or Federal law,
ordinance or regulation pertaining to telephone service.
C. For use of telephone service for any purpose other than that described in the
. application.
D. For neglect or refusal to provide reasonable access to GC Pivotal or its agents for the
purpose of inspection and maintenance of equipment owned by GC Pivotal or ils
agents.
E. Fornoncompliance with or violation ofCommission regulation or GC Pivotal'srules
and regulations on file with the Commission.
F. Without notice in &e evcnt of Customer, Subscriber or Authorized User use of
equipment in such a manner as to adversely affect GC Pivotal's equipmant or service
to olhers.
Issued: September 23,2014
By:Jeremy M. Kissel General Counsel
180 North IaSalle Street, Suile 2430
Chicago,lL 60601
Effective:
GC Plvotal LLC d/b/a Global Capaclty Idaho TariffNo. I
Original Page 19
SECTION 2.0 - RULES AND REGULATIONS, (CONT'D.)
2.10 Refural or Dlscondnutnce by Company, (Cont'd.)
2,10.2 (Contrd.)
G. Without notice in the event of tampering with the equipment or scrvices owned by
GC Pivotal or its agents.
Without noticc in thc event of unauthorized or liaudulent use of service. Whenever
service is discontinued for fraudulent use of scwice, GC Pivotal may, before
restoring swice, require the Customer or Subscriber to make, at his or her own
expense, all changcs in facilities or equipment nocessary lo eliminate illegal use and
to pay an amount reasonably estimated as the loss in revenues resulting from such
fraudulent use.
Without notice by reason of any order or decision of a court or olher govcmment
authority having jurisdiction which prohibits Company from furnishing such
services,
H.
I.
Issued: Septernber 23,2014
By:Jererny M. Kisscl Gencral Counscl
180 North hSalle Street, Suite 2430
Chicago,lL 60601
Effective:
2.il
GC Ptuotal LLC d/h/a Globrl Cepaclty Idaho TariffNo. I
Original Page 20
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
Cort of Collectlon and Repalr
Cuslomer is responsible for any and all costs incurrcd in the collection of monies due the Company
including lcgal and accounting exp€nses. The Customer is also responsible for reovery costs of
Company-provided equipment and any expcoses required for repair or replacement of damaged
equipment.
2.12 Interconnectlon
Service fumistred by GC Pivotal may be connected with the seryices or facilities of other carriem.
Such scrvice or facilities are pmvided undcr the termst mtes and conditions of the other carrier. The
Customer is responsible for all charges billed by othcr carriers for use in connection with GC Pivotal's
service. Any special interface equipment or facilities necessary to achieve compatibility between
carricrs is the responsibility of the Customer.
2.13 TermlnalEqulpment
The Compan/s facilities and service may be used with or terminated in terminal equipment or
communications slrtems such as a PBX, key slatem, single line telcphone, or pay telephone. Such
terminal equipment shall be furnished and maintaincd at the expcnse of the Customer. The Cuslomer
is responsible for all costs at his or her premises, including pcrsonnel, wiring, electrical power, and the
like, incuned in the use of GC Pivotal's sewice. When such terminal equipment is used, the
equipmant strall comply with the generally accepted minimum protective criteria standards of the
tclecommunications indusry.
Effective:
Jeremy M. Kissel General Counsel
180 Norlh laSalle SreeL Suile 2430
Chicago,lL 60601
lssued:
By
September 23,2014
GC Plvotal LLC d/b/r Global Crpaclty Idaho TariffNo. I
Original Page 2l
SECTION 3.0. SERVICE DESCruPTIONS AND RATES
3.1 General
GC Pivotal provides long distancg travel card and Directory Assistance services for communications
originating and terminating within the State of ldaho, The Company's serices arc available twenty-
four (24) hours per day, seven (7) daf a week. Intrastate service is offered in conjunction with
interstatc service.
Customers are charged individually for each call placed through the Cornpan/s network. Charges
may vary by service offering, and/or call duration. Customers are bitled based on their use of CC
Pivotal's services and nctwork.
lssued: Scptember 23,2014
By:Jcremy M. Kissel Gencral Counsel
180 North l-aSalle Sreet, Suite 2430
Chicago,IL 60601
Effoctive:
3.2
GC Plvotal LLC il/Ua Global Capaclty ldaho TariffNo. I
Original Page22
SECTION 3.0. SERVICE DESCRIPTIONS AI\ID RATES, (CONT"D.)
Tlmlng of Cells
Billing for calls placed over the GC Pivotal network is based in part on lhe duration of the call as
follows, unless othenrise specified in this Tariff:
3.2.t Timing of each call begins when the called station is answered (i.e. when two way
communications ar€ establishcd.) Answer detection is based on standard industry answer
deection methods, including hardware and software an$rrer detection.
3,2.2 Chargcable time for calls ends when one of the parties disconnects from the call.
3r3 The initial and additional billing incrernents are statcd in the description of each *rvice.
3.2.4 The Company will not knowingly bill for unanswered calls. When a Customer indicates that
he./she was billcd for an incomplete call, the Company will reasonably issue credit for the call.
Issued: September 23,2014
By:Jererny M. Kiss€l General Counsel
180 North laSalle Strcet, Suite 2430
Chicago,IL 60601
Effertive:
GC Plvotal LLC d/b/r Global Capaclty Idaho TariffNo. I
Original Page 23
SECTION 3.0 - SERVICE DESCRTPTIONS AND RATES, (CONT'D.)
33 Rrte Perlodc
The Company does not offer time.ofday rates.
3.4 Holldryr
The Company does not offer Holiday rates.
3.5 Mlleage Crlculatlon
The Company does not offer distance-sensitive rates.
Issued: Scptcrnbo 23,2014
By Jeremy M. Kissel General Counsel
180 North laSalle Strect, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotel LLC d/b/a Global Cepaclty ldaho TariffNo. I
OriginalPage24
sEcTtoN 3 - SERVICE DESCRTPTIONS AND RATES, (CONT'D.)
Mlccellancouc Rales rnd Charyes
3.6.1 Publlc Telephoue Surcharge
ln order to r@over the Company's expenses to comply with the FCC's pay telephone
compensation plan effective on October 7 , 1997 (FCC 97-371 ), an undiscountable per call
charge is applicable to all interstate, intrastate and international calls that originate from any
domestic pay telephone used to access the Compan/s sewices. This surcharge, which is in
addition to standard tariffcd usage charges and any applicable service charges and surcharges
associatd with the Company's service, applies for the use of the instrument used to acccss
The Company service and is unrelated to the Company service accesscd from the pay
telephone.
Pay telephones include coin-operated and coinless phones owned by local telephone
companies, independent companies and other interexchange carriers. The Public Pay
Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using
the A#G symbol).
Wheoever possible, the Public Pay Telephone Surcharge will appear on the same invoice
containing the usage charges for the surchargod call. In cases where proper pay telephone
coding digits are not lransmitted to the Company prior to completion of a call, the Public Pay
Tclcphone Surchargc may be billed on a zubsequent invoice afrer the Company has obtained
information fhom a canier that the originating station is an eligible pay telephone.
The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at
which the Customer pays for service by inserting coins during the progress of the call.
Rate per Call:0.50
September 23,2014 Effective:Issued:
By:Jererny M. Kissel General Counsel
180 North LaSalle Street, Suile 2430
Chicago,lL 60601
GC Plvohl LLC drble Global Capaclty Idaho TariffNo. I
Original Page 25
SECTION 3 - SERVICE DESCRTPTIONS AND RATES, (CONT'D.)
3.7 Long Dlstaace Senlce - Brslc
Long Disunce Service - Basic ("LDS") is available to Customeni of the Company's local exchange
service and providcs the ability to originate direct dialed calls over switched access lines to called
locations outside of the Customer's lncal Calling Area, but within the state. Calls are billed in one ( I )
minute incremeots with an initial billing period of one (l) minute.
3.7.f Ratec
Rate per minutq S0.10
Issued: Scpternber 23,2014
By Jeremy M. Kisscl General Counsel
I t0 North t aSalle Slreet, Suite 2430
Chicago,IL 60601
Effective:
3.r
GC Plvotrl LLC d/b/a Globrl Crpeclty Idaho TariffNo. I
Original Page26
sEcTtoN 3 - SERVICE DESCRIPTIONS AND RATES, (CONT'D.)
DlrectorT Asrlstance
Directory Assistance is available to Customersof GC Pivotal. A DirectoryAssistance chargeapplies
to each call to the Dircctory Assistance Bureau. Up to two requests may bc made on each call to
Directory Assistancc. The DirectoryAssistance charge applies to each call regardless of whetherthe
Directory Assistance Bureau is able to fumish the requested telcphone numbcr.
Rate Pcr Call:$1.2s
3.t.1 Call Compledon:
The charges as shown below apply for each request made to the Dircctory Assisance Opcrator
in which the operator completes the call to the desired numbcr.
Rate Per Call:$2.s0
Issud: Scptember23,2Ol4
By
Effective:
Jeremy M. Kisscl General Counsel
180 North t*aSalle Street, Suite 2430
Chicago,IL 60601
GC Plvotal LLC d/b/a Global Capaclty Idaho TariffNo. I
Original Page??
SECTION 4 . CONTRACTS AND PROMOTIONS
4.1 Demonstratlon of Servlce
From time to time the Company may demonstrale s€rvicc for potential Customers by providing fiee
use of its network on a limited basis for a period of time, not to exceed three (3) month.
Demonstration of service and the t1pe, duration or quantity of scrvice provided will be at the
Companls discretion.
4.2 Promotlons
From time to timq the Carricr may provide promotional offerings to introduce a current or potential
Subscriber to a service not being used by the subscribcr. These offerings may be limitd to ccrtain
dates, times or localions and may waive or reduce recurring or non-recurring charges.
Issued: September 23,2014
By:Jeremy M. Kissel General Counsel
180 North l-aSalle Street, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotal, LLC d/b/a Ghbal Cepacity ldaho TariffNo. 2
Original Title Page
LOCAL EXCHANGE SERVICES TARIFF
IDAHO
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF
OF
GC Plvotol, LLC d/b/r Globrl Capaclty
This Tariffcontains the descriptions, regulations, and rates applicable to the provision of local
exchange lelecommunications services providod by GC Pivotal, LLC dlblaGlobal Capacity
with principal officcs at I l0 Rio Robles, San Jose, CA 95134 for services furnished within
the State of ldaho. This Tariff is on file with the ldaho Public Utilities Commission, and
copies may be inspected, during normal business hours, at the Compan/s principal place of
business.
Issued: Scptcmber 23,2AV
hsued by:Jeremy M. Kissel, General Counscl
180 North kSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC dlblg GIobel Capaclty Idaho TariffNo.2
Preface
OriginalPage I
LOCAL EXCHANGE SERVICES TARJFF
TABLE OF CONTENTS
PREFACE
Table of Conte,nts
Check Sheet
Explanation of Symbols
Application of Tariff
SECTION I . DEFINITTONS
SECTION 2. RULES AND REOULATIONS
SECTION 3 . SERVICE AREAS
SECTION 4 . SERVICE CHARCES AND SURCHARGES
SECTION 5 - LOCAL EXCHANGE SERVICE
SECTION 6 SUPPLEMENTAL SERVICES
SECTION 7 - LONO DISTANCE SERVICES
Paqe
I
2
4
5
Issued: September 23,2014 Effective:
lssued by Jeremy M. Kissel, Gencral Counsel
180 North laSalle Strcet, Suite 2430
Chicago, IL 60601
GC Ptvotal, LLC illblr Global Caprclty Idaho TariffNo. 2
Preface
Original2
IOCAL EXCHANGE SERVICES TARTFF
CHECK SHEET
The Title Page and pages lised below arc inclusive and effective as of lhe date shown. Origlnal and revised
pages as named bclow contain all changes from the original rate strect that are in effect on the date shown on
each page.
SECTION PAGE
Title
Preface I
Preface 2
Preface 3
Preface 4
Preface 5
REVTSIONOriginal t
Original I
Original t
Original +
Original I
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SECTION PAGE219
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22t222223224
REVISION
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r - indicates those pages included with this filing
Issued: Scptember 23, 2Ol4
Issued by:
Effective:
Jeremy M. Kisscl, General Counsel
180 North laSalle Street, Suitc 2430
Chicago, IL 60601
GC Ptvotrl, LLC illblt Global Capaclty Idatro TariffNo. 2
Prcface
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION
5
5
5
5
5
5
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CHECK SHEET, CONI, D.
REVISIONOriginal t
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Original 'tOriginal I
Original ,r
Original *
Original t
Original *
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Original I
Original I
i - indicatcs thosc pages inctuded with this filing
Issued: Scptembcr 23, 2Ol4
Issucd by:
Effective:
Jcremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
GC Plvotrl, LLC d/b/a Globel Caprclty ldaho TariffNo. 2
Preface
Original Page 4
LOCAL EXCHANCE SERVICES TARIFF
EXPLANATION OF SYMBOLS
When changes arc made in any Tariffsheel, a revised sheet will be issued canceling the Tariffsheet affected-
Changes will be identified on the revised sheet(s) through lhe use of thc following symbols:
(C) - To sipify changed rate, regulation or condition.
(D) - To sigrify discontinued rate, regulation or condition.
(t) - To sigpify increasc.
(N) - To signiS new material, including a listing. rate, regulation, rule or condition.
(R) - To signify rduction.
(T) - To sigrrifr a change in the word of tcxt, but no change in the rale rule orcondition.
QVt) - Moved from another Tarifflocation.
Issued: Septenrbcr 23, 2014
Issued by Jaemy M. Kissel, General Counsel
180 Ntrth laSalle Street, Suile 2430
Chicago, lL 60601
Effective:
GC Plvotal, LLC dlb/a Global Capaclty Idaho TariffNo. 2
Preface
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
APPLICATION OF TARIFF
This Tariffsets forth the service offerings, ralesi terms and conditions applicable to the furnishing of
inEastatc end-user local exchange communications services by GC Pivotal, Ll.C dlbla Global
Capacity, hereinafter refened to as the Company, to Customers within the state of ldaho. Covad's
services are furnishcd subject to the availability of facilitics and subjoct to the terms and conditions set
forth herein.
This Tariffis on file with the ldaho Public Utilities Commission. In addition, this Tariffis available
for review at lhe main oflice of GC Pivotal, LLC dlblaGlobal Capacity at I l0 Rio Robles, San Jose,
cA 95134.
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, Ceneral Counsel
180 North LaSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC d/b/a Global Cepaclty Idaho TariffNo.2
Section I
OriginalPage I
LOCAL EXCHANCE SERVICES TARIFF
SECTION I.O . DEFINITIONS
For the purpose of this Tarifl the following definitions will apply:
Access Llne - An arrangement from a local exchange telephone company or other conrmon carrier, using eithcr
dcdicated or switched accessr which connects a Customer's location to Canier's location or switching center.
Advance Payment - Part or all of a payment rcquired before the start of service.
Authorizatlon Codc - A numerical code, one or more of which may be assigned to a Customet, to enable
Carrier to identify the origin of service of the Cusiomer so it may rate and bill the call. All authorization codes
shall be the sole property of Canicr and no Customer shall have any property or other right or interest in the
use of any particular authorization code. Automatic numbedng idattif'rcation (ANI) may be used as or in
connoction with the authorization code.
Authorlzcd User - A person, frm or corporation authorized by the Cuslomer to be an end-user of the service
of the Customcr.
Automadc Numbering ldentilicedon (ANI) - A tlpe ofsigraling provided by a local exchange telephone
company which automatically identifies the local exchange line from which a call originates.
Commission - The Idaho Public Utilities Commission.
Issued: September 23, 2Ol4
lssued by Jererny M. Kissel, Gencral Counsel
180 North laSalle Slreet, Suite 2430
Chicago,lL6060l
Effective:
GC Plvotrl, LLC d/b/r Globrl Capaclty Idaho TariffNo.2
Section I
Original Page2
LOCAL D(CHANGE SERVICES TARIFF
SECTION r.0 - TTEFINITIONS, CONT, D.
Common Carrier - An authorized company or entity providing telecommunications services to the public
Comprny - GC Pivotal, LLC drtla Global Capacity, the issuer of this Tariff.
Customer - The person, firm or corporation that orders sen ice and is responsible for the paymenl of charges
and compliance with the terms and conditions of this Tariff.
Curtomer Premlces - A location designated by the Customer for the purposcs of connecting to the
Company's senrices.
Customer Termlnal Equlpment - Terminal equipment provided by the Customer.
Deporlt - Refers to a cash or quivalcnt of cash security held as a guarantee for paytnent of the charges.
End Ofllce - The LEC swilching system oflice or serving wire centcr where Customsr stalion loops are
terminated for purposes of intcrconnection to each other and/or to trunks.
End-Urer Premires - A location desigrrated by the Customo for the purposcs of conncting to the Company' s
services.
Equrl Access - A form of dialed access provided by local exchange companies whereby interexchange calls
dialed by the Customer are automatically routed to the Compan/s network Prcsubscribed Cu$omen may also
route interexchange calls to the Company's network by dialing an access code supplied by the Company.
Issued: September 23, 2014
Issued by:Jaemy M. Kissel, General Counsel
180 North kSalle Stret, Suite 2430
Chicago,lL6060l
Effective:
GC Plvotrl, LLC illblt Global Capaclty Idatro TariffNo. 2
Section I
Original Page 3
LOCAL EXCHANCE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT, D.
Exchrnge Tclephone Company or Telephone Company - Denotcs any individual, partrerstrip, association,
joint-stock company, lru$, or corporation authorized by the appropriate regulatory bodies to engage in
providing public switched communication service throughout an exchange area, and between exchange areas
within the LATA.
ICB - tndividual Case Basis.
IXC or lnterexchange Crrrler - A long dislance telecommunications services provider.
lnterruptlon . The inability to complete calls due lo equipment malfunctions or human errors. lntemrption
shall not include, and no allowance shall be givcn for service difliculties such as slow dial tone, circuits busy or
other network and/or switching capability strortages. Nor shall Intcmrption include the failure ofany service or
facilities provided by a common carrier or other entity other than the Carrier. Any Intemrption allowance
provided within this Tariffby Carrier shall not apply where sen ice is intemrpted by the negligorce or willful
act of the Customer, or where the Carrier, pursuant to the terms of this Tarif[ terminates scrvice becausc of
non-payment of bills, unlawful or improperuseofthe Caniefs facilitiesorscrvice, oranyotherrcason covered
by this Tariffor by applicable law.
LATA - A local Access and Transport Area established pursuant to the Modification of Final Judgment
cntered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any
other geognphic area desigtated as a LATA in the National Exchange Canier Association, tnc. TariffF.C.C.
No. 4, or its successor Tariff(s).
LEC - local Exchange Company refers to the dominanl, monopoly local telephone company in the area also
scrved by the Company.
Monthly Recurrlng Cbarges - The rnonthly charges to the Customer for services, facilities and equipment,
which continue for the agrecd upon duration of the service.
MOU - Minutes of Use.
Issued: September 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
180 North kSalle Slreet, Suile 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC d/b/a Global Crprclty ldaho TariffNo. 2
Section I
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
SECTION t.0 - DEFINITTONS, CONT, D.
Servlng lillre Center - A specified geographic point from which lhc vertical and horizontal coordinate is used
in calculation of airline mileage.
Sharcd Inbound Cellr - Refers to calls that are terminatd via the Customer's Company-provided local
exchange line.
Sharcd Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Custome/s local
telephone lines are presubscribed by the Company to the Company's outbound serice such that "l + lOdigit
numbcr" calls are automatically routed to the Company's or an D(C's network. Calls to station$ within the
Customer's LATA may be placed by dialing "I0XXX" or "l0lXXXX" with I + l0digit number."
Stafon - The network control sigraling unit and any other equipmurt provided at the Customer' s premises
which enables the Customer to establish communications connections and to effect communications through
such connections.
Subscrlber - The person, firm, partnership, corporation, or other entity who orders telecommunications service
from COVAD. Service maybe orderod by, or on betralf of, lhosc who owl, lease or othcrwise manage the pay
telephong PBX, or other switch vehicle from which an End User places a call utilizing the services of the
Company.
NECA - National Exchange Caniers Association.
Non-Recurrlng Charge GNRCG) - The initial charge, usually ass€ssed on a one-time basis, to initiate and
establish service.
PIN - Personal ldentification Numbcr. See Authorization Code.
Polnt of Prcrence (APOPO) - Point of Presence
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counscl
180 North LaSalle Street, Suile 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC dlbltGlobal Capacity Idaho TariffNo. 2
Section I
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT, D.
Rccurrlng Chrgct - Monthly charges to the Customer for services, and equipmcnt, which continues for the
agreed upon duration of the service.
Senlce - Any means of seirdce offered herein or any combination thereof.
Senlce Order - The written or verbal request for Company services by the Customer and the Company in ttre
format devised by the Company. A Service Order initiates the respective obligations of the parties as set forth
thcrein and pursuant to this Tariff.
Swltched Access Origlnadoo/Termlnaflon - Where access between the Customcr and the interexchange
canier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LED-provided business or residential access line. The cost of switched Feature Group aosess is billed to the
intercxchange carrier.
Termlnal Equlpment - Any telecommunications equipment other than the transmission or receiving
equipmcnt installed at a Company location.
Urage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint Us€r, or any other person authorized by a Customer to use service
provided under this Tariff.
Issued: September 23, 2Ol 4
Issued by Jeremy M. Kissel, General Counsel
180 North laSallc Street, Suite 2430
Chicago,IL6060l
Effective:
2.1
GC Ptvotal, LLC d/b/a Globrl Caprcity Idaho TariffNo.2
Section 2
Original Pagc I
LOCAL D(CHANGE SERVICES TARIFF
SECTION 2.0. RIILES AND REGULATIONS
UndcttaHng of the Company
2.1.1 Scope
The Company undertakes to furnish communications seryice pursuant to the terms of this
Tariffin connection with one-wayand/ortwo-wayinformation tansmission originating from
points within the State of Idaho, and terminating within a local calling area as defrned herein.
The Company is responsible under this Tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other €ntity that
purchases access to the Company network in order to originate or tcrminatc its own sef,vices,
or to communicate wilh its own Customers.
2.1.2 Shortage of Equlpment or Facilltier
A. The Company reserves the right to limit or to allocate the use of existing facilities, or
of additional facilities offered by the Company, when necessary bccause of lack of
facilities, or due to some othcr cause beyond the Company's conrol.
B. The furnishing of service under this Tariff is subject to the availability on a
continuing basis of all the nccessary facilities and is limitcd to the capacity of the
Company's facilities as well as facilities the Company may obtain from other carricrs
to furnish scrvice from time to time as requird at the sole discretion ofthe Company.
Issued: Scptcmbcr 23, 2014
Issued by:Jcremy M. Kissel, Gcneral Counsel
180 North laSalle Street, Suite 2430
Chicago, tL 60601
Effective:
GC Plvotrl, LLC d/b/e Globel Capacity Idaho TariffNo.2
Section 2
Original Page2
LOCAL EXCHANGE SERVICES TARIFF
2.t
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
Undertaklng of the Compeny, Cont'd.
2.t3 Terms and Condldons
A. Service is provided on the basis of a minimum period of at least thirty (30) days,24-
hours per day. For thc purpose of computing charges in this Tariff, a month is
considerd to havc thirty (30) days.
B. Customers may be roquired to enter into written serice orders which shall contain or
reference a spccific description ofthe service ordered, the rates to be charged, the
duration of the services, and the terms and conditions in this Tariff. Customers will
also be requircd to exccutc any other documenls as may be reasonably requested by
the Company.
C. Except as otherwise stated in the Tariff, at the expiration of the initial term specified
in each Service Order, or in anyexlension thereof, service shall continue on a month
to month basis at thc thcn curcnt rates unless terminated by either party upon notice.
Any termination shall not relieve the Customer of its obligation to pay any charges
incuned under the service order and this Tariffprior to termination. The rights and
obligations which by their nature extend beyond the termination of the term of the
service order shall suwive such termination.
D. Service may be terminated upon writtor notice to the Customer ifl
.l the Customer is using the service in violation of this Tariff; or
.2 the Customer is using the service in violation of the law.
E. This Tariff shall be interpreted and governed by the laws of the State of ldaho
without regard for its choice of laws provision.
lssued: Septembcr 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Slreet, Suite 2430
Chicago, IL 60601
EfTective:
2.1
GC Plvotalo LLC i//h/t Global Capaclty ldaho TariffNo. 2
Section 2
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Undertaklng of the Company, Cont' d.
2.f .3 Terms and Condidons, Cont'd.
F. Any other Telephonc Company may not intcrfere with the right of any person or
entity to obtain seir,rice directly from the Company. No person or entity shall be
rcquired to make any payrnent, incur any penalty, rnoneary or othenrise, or purchase
any services in order to have the right to obtain service directly from the Company.
G. To the ext€nt that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, racewa)rs, or other facilities
necdcd by the other to reach a peison or cntity, the party excrcising such conrol strall
make them available to the other on terms equivalent to those under which the
Company makes similar facilities under irc control available to its Customers. At the
reasonable roquest of either party, the Company and the Other Telephone Company
shall jointly attempt to obtain from the owner of the property access for the other
party to scrve a person or €ntity.
H. The Company hereby reservc its rights to establish scrvice packages specific to a
particular Customer. Thesc contracts may or may not be assosiated with volume
and/or term discounts. All scrvice packages established by the Company will be filed
with the Commission prior to the fumishing of service.
Issued: September 23, 2014
Issued by:Jercmy M. Kissel, General Counsel
180 North taSalle Street, Suite 2430
Chicago,IL6060l
Effective:
2.r
GC Plvotal, LLC d/b/a Global Capaclty Idaho TariffNo. 2
Section 2
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
sEcrIoN 2.0 - RULES AND REGULATIONS, CONT'D.
Undertaklng of the Compeny, Cont'd.
2.1,4 Llmltadons on Liablllty
A. Except as otherwise stalod in this section, the liability of the Company for damages
arising out of either: (l) the frrmishing of its scrvices, including but not limiled to
mistakes, omissions, internrptions, delays, oretrors, orotherdefects, represantations,
or use of these services or (2) the failure to furnish its servicg whether caused by acts
or omission, shall be limited to the extension of allowances to the Customer for
intemrptions in service as set forth in Section 2.?.
B. Except for the extension ofallowances to the Customer for interruptions in serice as
set forth in Section 2.7,the Company shall not be liable lo a Customer or third party
for any direct, indirect, special, incidental, reliance, consequential, exemplary or
punitive damages, including, but not limited to, loss of revenue or profits, for any
neason wha$oever, including, but nol limited lo, any acl or omission, failure to
perform, delay, internrption, failure to provide any service or any failure in or
brcakdown of facilities associated with the seruice.
C. The liability of the Company for errors in biiling that result in overpayrnent by the
Customer shall be limited lo a credit qual to the dollar amount en'oneously billed or,
in the event that payment has been made and service has been discontinued, to a
refund of the amount erroneously billed.
lssued: September 23, 2014
lssued by Jeremy M. Kissel, General Counsel
180 North kSalle Street, Suite 2430
Chicago,lL 60601
Effective:
GC Ptvotal, LLC d/b/a Global Capacity Idaho TariffNo. 2
Section 2
OriginalPage 5
LOCAL EXCHANGE SERVICES TARIFF
2.t
SECTION 2.0. RULES AND REGULATIONS, CONT'D.
Undertaklng of tbe ComPanY, Cont'd.
2.1.4 Llmltatlonr on Llablllty, Cont'd.
.l
.2
The Company shall be indernnified and saved harmless by the Customer from and
ageinst all loss, liability, damage and expcnsc, including reasonablc counscl feeq due
to:
Any act or omission ofi (a) the Customer, (b) any other antity furnistring
serice, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) corlmon carrierc or
warehousemen, excepl as contracted by the Company;
Any delay or failure of performance or equipment due to causcs bepnd the
Company's control, including but not limited to, acts of God, fires, floods,
earthquakes, huricanes, or other catastrophes; national emergencies,
insurrections, riols, wars or other civil commotions; strikes, lockouts, work
stoppages or other labor difficulties; criminal actions takur against the
Company; unavailabilitn failure or malfunction of equipment or facililies
provided by the Customer or third parties; and any law, order, regulation or
other aclion ofany govenring authority or agency thereof;
Any unlawful or unauthorized use of the Company's facilities and services;
Libcl, slander, invasion of privacy or inliingement of patents, trade secrets,
or copyrights arising from or in connection with the material transmined by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services:
Breach in the privacy or security of communications uansmitted over the
Company's facilities;
.3
.4
.5
lssued: September 23, 2Ol4
lssued by Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suile 2430
Chicago, IL 60601
Effective:
GC Plvotr! LLC d/b/a Globel Capaclty ldahoTariffNo.2
Section 2
Original Page 6
LOCAL EXCHANCE SERVICES TARIFF
2.1
sEcrIoN 2.0 - RT LES AND REGULATIONS, CONT, D.
Undertcklng of thc Company, Cont'd.
2.1.4 Llmltrdons on Llablllty, Cont'd.
D. Cont'd.
.6 Changes in any of the facilitics, operations or procedures of the Company
that render any equipment, facilities or services provided by the Customer
obsolele, or require modilication or alteration of sr.rch equipmcnt, facilities or
services, or othcrwise affect their use or performancg except where
reasonable notice is required by the Company and is not provided to the
Customer, in which event lhe Company's liability is limited as set forth
above in Section 2.1.1.A.
Defacement of or damage to Customer premises resulting |i,om the
furnishing of scrvices or equipment on such prernises or the installation or
rernoval thaeof;
Injury to property or injury or death to persons, including claims for
payments made under Workers'Compensation law or under any plan for
employee disability or death benefits, arising out oll or caused by, any act or
omission of thc Customer, or the construction, installation, mainlc{ance,
presence, use or removal of the Customer's hcilities or equipment
connecled, or to be connectd to the Compan/s facilities;
Any noncompletion of calls due to network busy conditions;
Any calls not actually attemptd to be completed during any period that
service is unavailable;
And any other claim resulting from any act or omission of the Customer or
patron(s) of the Customer relating to th€ use of the Company, s services or
facililies.
.7
.9
.t0
.l I
Issued: Septcmber 23, 2014
lssued by Jeremy M. Kissel, General Counsel
180 North LaSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvota[ LLC d/b/a Globrl Capaclty Idaho TariffNo. 2
Section 2
Original Page 7
LOCAL EXCHANGE SERVICES TARIFF
2.1
SECTION 2.0. RULES AND RDGULATIONS, CONT, D.
Undcrtaklng of the Company, Cont'd.
2.1.4 Llmltetlons on Llrbllity, Cont'd.
E.
F.
G.
H.
The Company does not guarantee nor make any waranty with respect to installations
provided by it for use in an explosive atmospherc.
The Company makes no wananties or representations, EXPRESS OR IMPLIED,
eilher in fact or by operation of law, statutory or othenrisc, including warranties of
merchantability or fitness for a particular use, except those expressly set forth heicin.
Failure by the Company to assefl its rights pursuant to one provision of this Tariff
does not preclude the Company from asserting its rights undcr other provisions.
Dlrectory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from etrors or mistakes in or omissions of diratory
listings, or erors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, strall attach to the
Company. An allowance for erors or mistakes in or omissions of published directory
listings or for €nors or mistakes in or omissions of listing obtainable fiom the
directory assistancc operator shall bc at the monthly Tariffratc for cach listing or in
the case of a free or no+harge diroctory listing, credit shall equal two times the
monthly Tariffrate for an additional listing, for the life of the directory or the charge
pcnod during which the olor, mistake or omission occurs.
Issued: September 23, 2014
Issucd by:Jeremy M. Kissel, General Counsel
I E0 North LaSalle Street, Suite 2430
Chicago, tL 60601
Effective:
GC Pivotrlo LLC dlUa Global Cepaclty Idaho TariffNo. 2
Section 2
Original Page 8
LOCAL EXCHANGE SERVICES TARIFF
2-t
SECTION 2.0. RULES AND REGULATIONS, CONT, D.
Undertrklng of the Compeny, CoEt'd.
2.1.4 Llmltrtlons on Lhblllty' Cont'd.
l. \tlth rcspect to Emergcncy Number 9ll Servlce:
.l This service is offered solely as an aid in hurdling assistance calls in
connection with fire, police and other emergencies. The company is not
responsiblc for any losses, claimg demands, suits or any liability whatsoevcr,
whether suffered, made instituled or asserted by the Customer or by any
other party or pennn for any personal injury or death of any person or
persons, and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused by
( I ) mistakcq omissions, intemrptions, delays, enors or other defects in the
provision of service, or (2) installation, operation, failure to operate,
maintenancq removal, presence, condition, local or use of any equipment
and facilities furnishing this service.
Neither is the Company responsible for any inli'ingement, nor invasion of the
right ofprivacy ofany person or persons, caused or claimed to have been
caused dircctly or indire+tln by the installation, op€ration, failure to opcrate,
maintenance, removal, presence, condition, occasion or use of emergency
9l I service features and the equipment associated therewith, or by any
scrvices furnished by the Company, including, but not limited to the
identification of the telephone numbcr, address or name associated with the
telephone used by the party or panies accessing unergency 9 I I servicq and
which arise out of the ncgligarce or other wrongful act of the Company, the
Customer, its userg agencies or municipalities, or the employees or agcnts of
any one of thern.
.2
Issued: Scpternber 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
lE0 North l-aSalle Street, Suite 2430
Chicago, lL 60601
Effective:
GC Plvotaln LLC d/b/a Global Crpaclty Idaho TuiffNo. 2
Section 2
Original Page 9
LOCAL EXCHANCE SERVICES TARJFF
2.t
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Underteklng of the Compeny, Cont'd.
2.1.4 Limltatlons on Llrblllty, Cont'd.
Wlth respcct to Emergcncy Number 9l I Servlce, Cont, d.
.3 When a Customer with a nonpublishcd telephone number, as defined herein,
places a call lo the ernergency 9l I scrvice, the Company will release the
name and ad&ess of the calling party, wherc such information can be
determined, to fte appropriate local govemmental authority responsible for
emergency 9l I service upon request of such governmerttal authority. By
subscribing to service under this Tariffi, the Customer acknowledges and
agrees with the release of information as described above.
The included Tarifflanguage does not constitute a determination by the Commission
that a limitation of liability imposed bythe Company should be upheld in a court of
law. Acceptance for filing by the Commission recogrizes that it is a court s
responsibility to adjudicate negligence and consequcntial damage claims. h is also
the courtb responsibility to determine the validity of the exculpatory clause.
2.1.5 Notlficatlon of Serrlce-Affectlng Actlvldes
The Company will provide the Customer r€asonable notification of sen ice-affecting activilies
that may occur in normal op€ration of its business. Such activities may includer but are not
limited to, equipment or facilities additions, removals or r€arang€rnents and routine
prEventative maintenance. Generally, such activities arB not specific to an individual
Customcr but affect many Custom€rs'services. No specific advance notificalion period is
applicable to all scrvice activities. The Company will work cooperatively with the Customer
to determine the reasonablc notification requirernents. With some emergency or unplanned
service-affccting conditions, such as an outage resulting from cable damage, notification to
the Customer may not be possible.
J.
Issued: Septernber 23, 2Ol4
lssued by Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suitc 2430
Chicago, IL 60601
Effective:
2.1
GC Pivorr\ LLC iuble Globat caprctty ldaho TariffNo. 2
Section 2
Original Page l0
locAl- EXCHANGE SERVTCES TARTFF
sEcTtoN 2.0 - RULES AND REGULATIONS, CONT, D.
Undertrklng of the Company, Cont, d.
2.1.6 Provlsion of Equlpment and Facilltles
A. The Company shall use reasonable cfforts to maintain only the facilities and
equipment that it fumistres to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnectr remove, attcmpt to repair, or
othenpise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the company.
B. The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the tcchnical parameters of thc
scrvice provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipmemt is provided.
Except as othenrise indicated, Customer provided stration equipment at the
Customer's prernises for use in connection with this service shall be so constructd,
maintaincd and opcrated as to work satisfactorily with the facilities oftheCompany.
The Company shall not be responsible for the installation, operation, or maintenance
of any Custom€r provided communications equipment. Where such equipment is
connected to the facililies furnished pursuant to this Tariff, the responsibility of the
Company shall be limited to the furnishing of facilities offered unds this Tariffand
to the maintenance and operation ofsuch facilities Subject to this responsibility, the
Company shall not be responsible for:
.l the through transmission of signals by Customer provided cquipment or for
the quality of, or defects in, such transmission; or
.2 the reception of signals by Customer-provided equipmeot; or
.3 network control signaling where such signaling is performed by Cusomer-
provided network control signaling equipment.
c.
D.
E.
Issued: September 23, 2014
Issued by:Jeremy M. Kissel, GeneralCounscl
180 North LaSalle Sreet, Suite 2430
Chicago, IL 60601
Effective:
2.1
GC Plvotrln LLC dlbla Global Capacity ldaho TariffNo.2
Section 2
Original Page I I
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Undertaklng of the Company, Cont, d.
2.1.7 Non-Routlnelnstrllatlon
At the Cuslomer's requ€sl, installation and/or maintenance may be performed outside the
Company's regular business hours or in hazardous locations. ln such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company 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,
weekands, holidays, and/or night hours, additional charges may apply.
2.t.t SpeclalConstructlon
Subject to lhc agreement of the Company and to all of the regulations contained in this Tariffl,
special construction of facilities may bc undertaken on a reasonable eflorts basis at therequest
of the Customer. Spccial construclion is construction undertaken:
A. where facilities are not presently available, and there is no othcr requirement for the
facilities so con$tructed;
B. of a type other than that which the Company would normally utilize in the fumishing
of is services;
C. ovetr a route other than that which the Company would normally utilize in the
furnishing of its services;
D. in a quantity greater than that which the Company would normally construct;
E. on an expedited basis;
F. on a lemporary basis until permanent facilities are available;
G. involving abnormal cosls; or
in advance of its normal constnction.
Issued: September 23, 2Ol4
Issued by Jeremy M. Kissel, General Counsel
180 North LaSalle Street, Suile 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC d/Ua Global Cepeclty ldaho TariffNo.2
Section 2
Original Page 12
LOCAL EXCHANCE SERVICES TARIFF
sEcTroN 2.0 - RULES AND REGULATIONS, CONT, D.
Undertaklng of thc Company, Cont'd.
2.f .9 Ownerrhlp of Facllldec
Title to all facilities provided in accordance with this Tariff remains in the Company, its
partners, agents, conlractots or supplicrs.
Prohlblted Uscs
2,1
2.2
22.1
2.2.2
2.23
2,2.4
The services the Company offers shall not be used for any unlawful purposc or for any use as
to which the Customer has not obtained all required governmentalappmvals, authorizations,
licenses, consenls and permits.
The Company may require applicants for service who intend to use the Compan/s oflerings
for resale and/or for shat€d use to file a letter with the Company confirming that their use of
the Compan/s offerings complies with relevant laws and the Public Utilitie Commission of
ldaho's regulations, policies, orders, and deisions.
The Company may block any signals being trursmitted over its Network by Customers which
cause interf€rence to the Company or olher users. Customer strall be rclieved of all obligations
to make payments for charges rclating to any blocked Service and shall indemnify the
Company for any claim, judgment or liability resulting from such blockage.
A Customer, joint user, or authorized user may not assign, or transfer in any manner, lhe
service or any rights associated with the service withoul the written consent ofthe Company.
The Company will permit a Customer lo transfer its existing seryice to anoths entity if the
existing Customer has paid all charges owed to the Company for regrrlated communications
services. Such a transfer will be treated as a disconnection of existing scrvice and installation
of new serice, and non-recurring installation charges as stated in this Tariffwill apply.
lssued: Septernber 23, 2014
Issued by:
Effective:
Jererny M. Kisscl, General Counsel
180 North LaSalle Street, Suite 2430
Chicago, IL 60601
23
GC Plvotal, LLC dlbla Globel Capaclty Idaho TariffNo. 2
Section 2
Original Page 13
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0. RULES AND REGULATIONS, CONT, D.
Obllgrtions of the Customer
23.1 General
The Customer shall be responsible for:
A. the payment of all applicable charges pursuant to this Tariff;
B. damage to or loss of the Company's facilities or equiprnent caused by the acts or
omissions of the Customer; or lhe noncompliance by the Customer, wilh these
regulations; or by fire or theft or olher casualty on the Customer Premises, untess
caused by the negligence or willful misconduct of the ernplo)rces or agents of the
Company;
C. providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company facilities and equipment installed
on the prernises of the Customer, and the level of healing and air conditioning
necessary to maintain the proper operating environment on such premises;
D. obtaining, maintaining, and otherwise having full responsibilily for all rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
used to provide Communications Scrvices to the Customer from the cable building
entrance or property line to the location of the equipment space described above in
Section 2.3.1 .C. Any and all costs associatd with the obtaining and maintaining the
rights-of-way described herein, including the costs of altering the structure to permit
installation of the Company provided facilities, shall bc bome entirely by, or may be
chuged by the Company, to thc Customcr. The Company may requirc the Customer
to dernonstrate its compliance with this section prior to accepting an order for scrvice,
lssued: Seplunber 23, 2Ol4
Issucd by:Jcremy M. Kisscl, General Counsel
180 North LaSalle Street, Suite 2430
Chicago,lL6060l
Effective:
GC Plvotel, LLC d/b/a Global Capaclty Idaho TariffNo. 2
Section 2
Original Page 14
LOCAL EXCHANCE SERVICES'TARIFF
2,3
SECTION 2.0 - RULES ANL REGULATIONS, CONT, D.
Obllgatlons of the Customer, Cont'd.
23.1 Generaln Cont'd.
E. providing a safe place to work and complying with all laws and regulations rcgarding
the working conditions on the premiscs at which Company employces and agents
shall be installing or maintaining the Company's facilities and equipmcnt. The
Customer may be rcquired to install and maintain Company facilities and equipmant
within a hazardous area if, in the Company's opinion, injury or damage to the
Company ernployees or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying, monitoring, ranoving
and disposing of any hazardous material (e.g., friable asbestos) prior to any
construction or installation work;
F. complying with all taws and regulations applicable to, and obtaining all consents,
approvals, liceoses and permits as may be required with respect to, the location of
Company facililies and equipment in any Customcr prernises or the rights-of-way for
which Customer is responsible under Section 2.3.1.D; and granting or obtaining
permission for Company agenls or emplolaes to entcr the premises ofthe Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company
G. not creating or allowing to be placed any liens or other encumbrances on the
Company's equipment or facilities; and
H. making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and theCustom€r. No allowance
will be made for the period during which service is internrpted for such purposes.
Issued: September 23, 2014
Issued by:Jaemy M. Kissel, General Counsel
180 North l-aSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Pivotel, LLC d/b/a Global Capaclty ldaho TariffNo. 2
Section 2
Original Page 15
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Obllgatlons of the Customer, Cont'd.
23.2 Llablllty of the Customer
c.
The Customer will be liable for damages to the facilities of the Company and for all
incidental and consequortial damages causcd by the negligent or intentional acts or
omissions of lhe Customer, its office,rs, employees, agents, inviles, or contractors
where such acts or omissions are nol the direct result ofthe Company's negligeirce or
intentional misconduct.
To the extent caused by any negligent or intentional act of the Customer as described
in (A), preceding, the Customer shall indcrnnify, defend and hold harmlcss thc
Company from and against all claims, actions, damages, liabilities, costs and
expenses, including reasonablc attorneys' foes, for (l) any loss, destruction ordamage
to property of any third partn and (2) any liability incuned by the Company to any
third party pursuant to this or any other Tariffof the Company, or otherwise, for any
interruption of, interfercnce to, or other dcfect in any service provided by the
Company to such third party.
The Cuslomer shall not assert any clairn against any other Customer or user of the
Compan/s services for damages resulting in whole or in part from or arising in
connection with the furnishing of service under this Tariffincluding but not limited
to mistakes, omissions, interruptions, delalc, erors or other defects or
misrepresentations, whether or not such other Customcr or user contributed in any
way to the occunence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the other Customer or user and not by
any act or omission of the Company. Nothing in this Tariffis intended either to limit
or to expand Customer's right to assert any claims against third parties fordamages of
any naturc other than those described in the preceding senlence.
Issued: Septernber 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North taSalle Street, Suite 2430
Chicago, IL 60601
Effective:
2.4
GC Ptvotal, LLC d/b/a Global Crpaclty ldaho TariffNo.2
Section 2
Original Page 16
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Customer Equlpment and Chrnnels
2.4.1 General
A user may transmil or receive information or signals via the facilities of the Company. The
Compan/s services are designed primarily for the transmission of voice-grade telcphonic
sigrals, except as ofienilise stated in this Tariff. A user may transrnit any form of signal that
is compatible with the Compan/s equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specifrcally statcd in lhis Tariff.
2.4.2 Strdon Equlpment
A. Terminal equipment on the usct's premises and the clectric power consumod by such
equipment shall be provided by and maintaincd at the expense ofthe uscr. The user is
responsible for the provision of wiring or cable to connect its terminal equipment to
the Company MPOP.
B. The Customer is responsible for ensuring that Customer-providod equipment
connectod to Company equipmant and facilities is compatiblc with such equipmcnt
and facilities. The magnitude and character of the voltages and currents impressed on
Company-pmvitlod equipment and wiring by the connection, operation, or
maintenance of such equipment and wiring shall bc such as not to causc damage to
the Company-providcd equipment and wiring or injuryto the Company'semplopes
or to other persons. Any additional protective equipment rcquired to prevent such
damage or injury shall be provided by the Company at the Customefs expansg
subject to prior Customcr approval of the equipment expense.
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, Gencral Counsel
180 North kSalle Street, Suite 2430
Chicago, IL 60601
Effective:
2.4
GC Plvotrl, LLC dft/a Global Capaclty tdaho TariffNo. 2
Section 2
Original Page 17
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Customcr Equlpment end Channelc, Cont'd.
2.43 lnterconnectlonofFaclllties
A. Local Traflic Exchange provides the ability for anothet local exchange provider to
tenninate local traffrc on lhe Company's network. ln order to qualify for local
Traflic Exchange the call mus: (a) be originated by an end user of a company that is
authorized by the Public Utilities Commission of ldaho to provide local exchange
service; (b) originate and terminate within a local calling area of the Company.
B. Any special interface equipment necessary to achieve compatibility bctween the
facilities and equipmant of the Company used for fumishing Communications
Scrvices and tlrc channels, hcilitieq or equipment of others shall be provided at the
Customerb expense.
C. Communications Services may be connected to the sewices or facilities of other
communications carriers only whcn authorized by, and in accordance with, the tenns
and conditions of the Tariffs of the other communications carriers which are
applicable to such connections.
D. Facilities fumished under this Tariff may be connected to Customer provided
tcnninal equipment in accordance with the provisions of this Tariff. All such terminal
equipment shall be registered by the Federal Communications Commission pursuant
to Part 68 of Title 47, Code of Fedcral Regulations; and all user-provided wiring
shall be installed and maintained in compliance with those regulations.
Issued: Septembcr 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Strret, Suite 2430
Chicago,IL6060l
Effective:
2.4
GC Plvotaln LLC drbla Global Capacity ldaho TariffNo. 2
Section 2
OriginalPage 18
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATTONS, CONT, D.
Customer Equipment end Chrnnels, Cont'd.
2.4.4 Inspccdons
A. Upon suitable notification to the Customer, and at a reasonable time, the Company
may make such tests and inspections as rnay be necessary to determine that the
Customer is complying with the requirernents set forth in Section 2,4.2.8 of this
Tariff for the installation, operation, and maintcnance of Customcr-provided
facilities, equipment, and wiring in the connection of Customer-provided facilities
and equipment to Companyowned facilities and equipment.
If the protective requirements for Customer-provided equipment ane not behg
complied with, the Company may take such action as it deerns neccssary to protect its
facilities, equipment, and personnel. The Company will notify the Customer
promptly if therc is any neod for further corrcctive action. Within ten days of
receiving this notice, the Customcr must take this corrective action and notify the
Company of the action taken. If the Customer fails to do this, the Company may take
whatever additional action is decmed nccessary, including the suspension ofservice,
to prolect its facilities, equipmcnt and personnel from harm.
If harm to the Company' s nelwork, personnel or scrviccs is imminort, the Company
reseryes the right to shut down Cuslom€r' s scrvice immediately, with no prior noticc
rcquired.
B.
c.
lssued: Septcnrber 23, 2014
Iszued by:Jeremy M. Kissel, General Counsel
180 North l*aSalle Street, Suite 2430
Chicago, IL 60601
Effective:
2.5
GC Plvotrl, LLC dlUt Global Cepaclty ldaho TariffNo.2
Section 2
Original Page 19
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES ArrD REGULATIONS, CONT' D.
Customer Deporlts and Advance Paymen$
2.5.1 Advance Pa5ments
To safeguard its interests, the Company may require a Customcr to make an advance paymeot
before services and facilities are fumished. The advance payment will not exceed an amount
equal to the non-recurring charge{s) and one monthb charges for the sewice or facility. The
advance payment will be credited to the Customer's initial bill. An advance paymant may be
required in addition to a dcposit.
25.2 lhporlts
The Company does not requirc deposits from Customers.
lssued: Scptember 23, 2014
lssued by:
Effective:
Jercmy M. Kissel, General Counscl
180 North LaSalle Sred, Suite 2430
Chicago, IL 60601
GC Plvotrl, LLC d/b/a Global Capeclty ldaho TariffNo. 2
Scction 2
Original Page 20
LOCAL EXCHANGE SERVICES TARIFF
2.6
SECTION 2.0 - RULES ANII REGULATIONS, CONT, D.
Payment Arangements, Cont' d.
2.6.1 Payment for Servlce
Gencral
The Customer is responsible for the payment ofall charges for facilities and services
Iirrnishsd by the Company lo the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Cuslomer itself or are
resold to or shared with other percons.
The Customer is responsible for payment of any sales, use, gross receipts, excise,
access or other locat, shte, federal and 9l I Laxes, charges or surcharges (however
dcsignated) (excluding taxes on Company's net income) imposed on or based upon
thc provision, sale or use of Network Services.
The security of the Customer' s PIN is the responsibility of the Customer. All calls
placed using a PIN shall bc billd to and shall be the obliption of the Customer. The
Cuslomer shall not be responsible for charges in connection with the unauthorized
use of PINs arising afler the Customer notifies the Company of the loss, theft, or
other breach of security of such PINs.
Customers will only be charged once, on either an interstate or intrastate basis, for
any nonrecurring or usage based charges.
Trxes, Fees and Surcharges
The Company res€nves the right to bill any and all applicable taxes, fees and
surcharges in addition to normal rates and charges for services provided to the
Customer, where pe,nnitted by law. Taxes and fees include, but arc not limited to:
Federal Excise Tax, State Sales Tax, Municipal Tax, Oross Receipts Tax, Idaho
Telecommunications Service Assistance Program, and Universal Service. Unless
othenvise specified in this Tariff, such taxes, fees and surcharges are in addition to
rates as quoted in this Tariffand will be itemized separately on Customer invoices.
lssued: September 23, 2014
lssued by
Effective:
Jeremy M. Kissel, Gemeral Counsel
180 North t:Salle Street, Suite 2430
Chicago, IL 6060I
GC Plvotal, LLC iUbla Global Capacity Idaho TariffNo. 2
Section 2
Original Page 2l
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RT LES AND REGULATIONS, CONT, D.
Payment ArT angements, Cont'd.
2.6.2 Bllllng and Collectlon of Chrryes
The Cuslomer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for seruices and facilities fumished to the Customer by the Company.
A. Nonrecuring chuges are due and payable wilhin thirty (30) dap afler the invoice
dale, unless othenvise agreed to in advance.
B. The Company shall present invoices for recurring charges monthly to the Customer,
in advance of the month in which service is provided, and Rccuning Charges shall be
due and payable within thirty (30) days afler the invoice date. When billing is based
on customer usage, charges will be billed monthly for the preceding billing periods.
C. When service does not begin on the first day of the monlh, or end on fte last day of
the monlh, the charge for the fraction of the month in which service was furnistrod
will be calculated on a pro rata basis. For this purpose, every month is considered to
have thirty (30) days,
Issued: Septfirber 23, 2014
Issued by Jcremy M. Kissel, General Counse!
180 North laSalle Slreet, Suite 2430
Chicago,lL 60601
Effective:
GC Plvotel, LLC dft/r Global Capaclty ldaho TariffNo.2
Section 2
Original Page22
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 2.0 - RULES AND REGULATTONS, CONT, D.
Payment Arrangementc, Cont' d.
2.6.2 Bllling and Collectlon of Chargec, Cont'd.
D. Billing of the Customer by the Compony will begin on the Service Commencement
Dale, which is the first day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this Tariffor the Service
Order. Billing accrues through and includes the day that the service, circuit,
arrangernent or componeflt is discontinucd.
E. late Payment Fees - The Company does not bill Customers late payment penalties,
F. The Customer will be assessed a charge of twenty dollan ($25.00) for each check or
other payment type submilted by the Customcr to lhe Company that a bank or other
financial institution rcfuses to honor.
G. lfservice is disconnected bythe Company in accordance with Section 2.7 following
and later reslored, restoration of service will be subject to all applicable installation
chargcs.
lssucd: September 23, 2Ol 4
Issued by Jeremy M. Kissel, General Counsel
180 North LaSalle Sreet, Suite 2430
Chicago, lL 60601
Effective:
GC Pivotal, LLC lllblt Global Caprclty Idaho TariffNo.2
Section 2
Original Page23
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AIYD REGULATIONS, CONT'D.
Payment Arrangcments, Cont' d.
2.63 Disputed Bllls
A. In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may rEquire the Customer to pay the
undisputed portion of the bill to avoid discontinuance of scrvice for non-paymcnt.
Thc Customer must submit a documented claim for the disputed amount. The
Customcr will submit all documertation as may reasonably be required to support tbe
claim. All claims must be submitted to the Company within a rcasonable period of
time after receip ofbilling for those services and in accordance with ldaho law. lfthe
Customer does not submit a claim as stated above, the Customer waives all rights to
filing a claim thereafter.
B. Unless disputed the invoice shall be decmed to be correct and papble in frrll bythe
Customer. lf the Customer is unable to resolve any dispute with the Company, then
the Customer may file a complaint with the ldaho Public Utilities Commission, 472
West Washington, P.O. Box 83720, Boise ID 83720{074; 208-334{300 or l-800-
4324369.
C. Ifthe dispute is resolved in favor of the Cuslomer and the Customer has withheld the
disputed amount, no interest, credits or pmalties will apply.
lssued: Septcmba 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Street, Suite 2430
Chicago, lL 60601
Effective:
2.7
GC Pivotel, LLC dlblt Global Capeclty Idaho TariffNo. 2
Section 2
Original Page24
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 2.0 - RULES AND REGULATIONS, CONT, D.
Discontinurnce of Serlce
2.7.1 Service may be disconnected aller seven (7) days writtcn notice for any of the following
reasons:
A. The Custorner did not pay undisputed delinquent bills for local exchange services or
paid a delinquenl bill for local exchange services with any dishonored check.
B. The Customer failed to make a security deposit or obtain I guarantee when one is
required.
C. The Customer failed to abide by the terms of a payment arangement.
D. The Customer misrepresanted the Customer' s identity for the purpose of obtaining
telephone service.
E. The Company daermines as prescribed by relevant state or other applicable
standards that the Customer is willfully wasting or interfering with service through
improper equipment or otherwise.
F. The Customer is using servic(s) for which the Customer did not apply.
2,7.2 At least 24 hours before actual termination, lhe Company will atternpt to contact the Custom€r
affected to apprize the Customer of the proposed termination action and steps to take to avoid
or delay tetmination. Se,rvice will not bc terminated in the event that a formal or informal
complaint concerning tcrurination is filed with the Commission.
lssued: September 23, 2Ol4
lssued by Jeremy M. Kissel, General Counsel
180 North taSalle Street, Suite 2430
Chicago,lL 60601
Effective:
2.7
GC Plvotrl, LLC dlb/a Global Capecity Idaho TariffNo.2
Section 2
Original Page 25
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 2.0 - RULES AND REGULATTONS, CONT' D.
Dlscontlnuance of Senice
2,73 Service may be disconnected without notice and without incurring any liability for any of the
following reasons:
A. A condition immediately dangerous or hazardous to life, physical safety or property
exists, or it is necessary to prevent a violation of fbderal, state or local safety or health
codes.
B. The company is ordered to terminate scrvice by any courl, the Commission, or any
other duly authorized public authorily.
C. In the event of fraudulent use of the Company's network, where the servic(s) was
(were) obtainod, diverted or used without the authorization or knowledgc of the
Company, the Company will discontinue scrvice without notice and/or seek legal
recourse to recover all costs involved in snforcement of this provision.
The Company has tried diligently to meei the notice requirements bul has been
unsuccessful in its anempt to contact the Customer affected.
The Customer has misrepresented the Customer' s identify for purposes ofobtaining
telephone service and has no or an inadequate security deposit on file with the
Company and has an outstanding bill exceeding $100.
Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankruptcy or reorganizalion, or failing to discharge an involunlary petition within
the time pe,nnitted by law.
Upon the Company's discontinuance of service to the Customer under Section 2.7.1
or 2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this Tariff, may declare
all future monthly and other charges that would have been papble by the Customer
during the remainder of the term for which such services would have othcrurise been
provided to the Customer to bc immediately due and papble (discounted to present
value at six percent).
D.
E.
G.
lssued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
2.8
GC Plvotal, LLC d/b/a Global Capaclty Idaho TariffNo.2
Section 2
Original Page 26
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT, D.
Crncellrtlon of Appllcatlon for Servlce
2.8.t Applications for service cannot be canceled without the Compan/s agreement. Where the
Company permits a Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expcnses in installing
the service or in preparing to insull the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company, 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 the Company that
would have bcen chargeable to the Customer had service commenced (all discounted to
present value at six percant),
2.8,1 Where the Company incurs any expense in connection wilh special construction, or where
special srrangements of facilities or equipmort have begun, before &e Company roceives a
cancellation notice, a charge equal to lhe costs incuned by the Company, less net salvage,
applies. In such cases, the charge will be based on such elements as the cog of the equipment,
facilities, and material, the cost of installation, engineering, labor, and supervision, gencral
and administrative expensc, other disbursemsnts, deprociation, maintenance, laxes, provision
for retum on investment, and any olher costs associated with the special construction or
atrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and appliod on a case-
by+ase basis.
lssued: September 23,2414
Issued by:Jeremy M. Kissel, General Counsel
180 North [aSalle Strcet, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotel, LLC d/b/a Globrl Caprcity Idaho TariffNo.2
Section 2
Original Page27
LOCAL EXCHANGE SERVICES TARJFF
sEcTloN 2.0 - RULES AND REGULATIONS, CONT, D.
Changec ln Scrvlce Rcqucrted
lf the Cuslomer makes or roquests material changes in circuit engineering, equipmort specil'rcations,
service pararneters, pr€mises locations, or otherwise malerially modifies any provision of the
application for sewice, the Customer's installation fce shall be edjusted accordingly.
2.9
Issued: Septernbo 23, 2Ol4
lssued by:Jererny M. Kisscl. Ceneral Counsel
180 North laSalle Sreet, Suite 2430
Chicago, lL 60601
Effective:
GC Pivotal, LLC ilfi,lt Global Cepactty Idaho TariffNo. 2
Section 2
Original Page 28
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RT LES AND REGULATIONS, CONT, D.
2.10 Allowcncc for Interrupdons In Senlce
Interruptions in service that are not due to the negligence of,, or noncompliance with thc provisions of
this Tariff by, the Customer or the operation or malfunction of the facililies, power or equipment
providcd by thc Customer, will be credited to the Customer as s€t forth in 2.6.1 for the part of the
service that the intemrption affects.
2.10.1 General
Scrvlce Outage
A credit allowance will be given when service is intemrpted, except as specified
below. A senrice is intemrpted when it becomes inoperative to the Customer, e.g., the
Customer is unable to transmit or receive, because of a cross-talk, static or other
uansmission problem, the Company will respond to a Customer's report of such a
"service outiageO in accordance with IDAPA 31.41.01 Rule 503. Customer, s bills
will be appropriately and automatically credited pursuant to the tenns of Rule 503.
Receipt and Recordlng of Reports
The Company will provide for the recerpt of Customer trouble reports at all hours
and make a full and prompt investigation of and response to all reports. The
Company will maintain an accurate r€corrd of trouble reports made by its Customers.
This record will include accurate identification of the Customer or service affected,
the time, date and nature of the report, the action taken to clear the trouble or satisfy
the Customer, and the date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized r€presentatives upon
request at any time within two (2) pars of the date of the record.
Rcprlr Commltments
Commitments to the Customer for repair service will be set in accordance with Rule
503. The Company will make every reasonable atternpt to fulfill repair commitments
to its Customers. Customers will be timely notified of unavoidable changes. Failure
to meet a repair commitment does not relieve the Company of the credited provisions
in Rule 503.01, unless the Customer fails to keep an appointmant the Customer
agrd to when the original commitment was made
A.
B.
c.
Issued: September 23, 2Ol4
Issued by Jeremy M. Kissel, General Counsel
180 Norttr LaSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC il&ila Global Capacity Idaho TariffNo. 2
Section 2
Original Page 29
LOCAL EXCHANGE SERVTCES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.f0 Albwrocec for Intermpdonr ln Senlcg (Conttd.)
2.f0.1 General, (Contrd.)
D. Restoratlon of Servlce
When the Company providing local exchange is informed bya Customer of a local
exchange semice outagc, thc Company will:
. I restorc scrvice within sixteen ( I 6) hours after the report of the ouage if thc
Customer notifies the Company that the servic€ outage creates an emcrgency
for the Customer, or
.2 restore service within twenty-four (24) hours after the report ofthe outage if
no ernergencyexists, except that outagesrcported betwoen noon on Saturday
and 6:00 p.m. on the following Sunday must be restored within forty-eight
(48) hours or by 6:00 p.m. on the following Monday, which ever is sooner. If
the Company does not restorc seryice within the times rcquired by this
subsection, the Company will credit the Customer' s account for an amount
equal to the monthly rate for one (l ) month of basic local exchange service.
Issued: Septembcr 23, 2014
Isstatby:Jeremy M. Kisscl, General Counsel
180 North l-aSalle Street, Suile 2430
Chicago,IL 60601
Effective:
GC Plvotel, LLC illbla Global Capaclty ldaho'tariffNo. 2
Section 2
Original Page 30
LOCAL EXCHANCE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowrnces for Interruptlons ln Servlce, (Cont'd.)
2.10.1 General, (Cont' d.)
Extenuatlng Circumstences
Following disruption of local exchange service causcd by natural disaster or other
caus€xr not within the Company' s control and affecting large groups ofCustomers, or
in condilions where the personal safety on an employec would be jeopardized, the
Company is not required to provide the credit referred to in Subsetion 503.01 as
long as it uses reasonable judgment and diligence to restore servic€, giving due
regard for the needs of various Cuslomers and the requirements of the
telecommunications service priorityITSP) program ordcred in FCC Docket 88-341.
When a Customer causes the Customer' s own service outage or does not make a
reasonable effort to arrange a repair visit within the scrvice restoration deadline, or
when the Company determines that the outage is attributable to the Customer' s own
equipment or inside wire, the Company is not required to provide to that Cuslomer
the credit referred to in Subsection 503.01.
Compllance Standard
Each month at least ninety percent (90o/o) of out-of-service trouble reports will be
cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a
monthly service record as described in Subsection 502.01 and will notify the
Commission whenever the record indicates the ninay percent (90o/o) level has not
been met for a period of three (3) consecutive months.
lssued: Septcrnber 23, 2Al4
Issued by Jeremy M. Kissel, General Counscl
180 North LaSalle Streer, Suite 2430
Chicago, IL 6060I
Effective:
GC Plvotal, LLC iUbla Global Capaclty ldaho TariffNo. 2
Scction 2
Original Page 3l
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATTONS, CONT'D.
2.ll Cancelladon ofSenlce/Tcrmination Llablllty
If a Customer cancels a Service Order or terminates services before the completion of the terrn for any
reason whatsoever other than a service interruption (as defined in Section 2. 10. I above), the Cuslomer
agees to pay to thc Company termination liability charges, as defincd below. These charges shall
become due as of the effective date of the cancellation or termination and be payable within the
period, set forth in Section 2.6.2.
2.ll.l Termlnatlon Llablllty
The Customer's termination liability for cancellation of service shall be equal to:
A. all unpaid Non-Recurring charges reasonably expended by the Company to csulblish
service to the Customer; plus
B. any disconnection, early cancellation or termination charges reasonably incuned and
paid to third parties by the Company on behalf of the Customer; plus
C. all Recuning Charges spccified in the applicable Service Order Tarifffor the balance
of the then curent tsrm discounted at the prime rate announced in the Wall Strcet
Journal on the third business day following the date of cancellation;
D. minus a reasonable allowance for costs avoidd by the Company as a direct result of
the Customcr's cancellation.
lssued: Septanber 23, 2Ol4
Issued by Jeremy M. Kissel, General Counsel
180 North kSalle Street, Suite 2430
Chicago, lL 60601
Effective:
GC Plvotrl, LLC d/b/a Global Capaclty Idaho TariffNo.2
Section 2
Original Page32
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RIJLES AND REGULATIONS, CONT, D.
2.12 Cancellatlon of Servlce by Customer
Customers may cancel seryice verbally or in writing. The company shall hold the Customer
responsible for paymerrt of all charges, including ftxed fees, surcharges, etc., which accrue up to the
cancellation date. Customers that cancel the primary local exchange line will have lhe cntire Account
disconnected, including any secondary line and all associated features. ln the event the Customer
executes a term commitment ageement with the Company, the Customer must cancel service and
terminate the agrcement in accordance with the agreement terms.
2.13 Tranrfers and Asslgnments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
lhe sewices and facilities provided by the Company without the written consent of the other party,
cxcept that the Cornpany may assigr its rights and duties:
2.13.1 to any subsidiary, prant company or affrliate of the Company; or
2,13.2 pursuant to any sale or transfer of substantially all the assets of the CompanlS or
2.133 pulsuant to any financing, merger or reorganization of the Company.
Issued: Septernber 23, 2014
Issued by Jererny M. Kissel, General Counsel
180 North l-aSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC d/b/a Global Caprclty ldaho TariffNo. 2
Scction 2
Original Page 33
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES ANDREGULATIONS, CONT'D.
2,14 Customcr Llablllty for Unouthorlzed Use of the Network
Unauthorized use of the network occurs when a person or entity that docs not have actual, appar€nt, or
implied authority to use the network, obtains the Company's services provided under this Tariff.
2.14.1 Customer Llabillty for Freud and Unauthorlzell Use of the Network
A. The Customer is liable for the unauthorized use ofthe network obtained through the
fraudulent use of a Companycalling card, if such a card is offered by the Compann
or an accepted credit card, provided that the unauthorized use occurs before lhe
Company has been notified.
B. A Company calling card is a telephone calling card issued by the Company at the
Cuslomer's rcquest, which enables the Customer or user(s) authorized by the
Customer to place calls over ttre Network and to have the charges for such calls billed
to the Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied
for and received, or has sigred, used, or authorized another person to use to obtain
credil. Any credit card issued as a renewal or substitute in accordance with this
paragraph is an acceptcd credit card when received by the cardholder.
C. The Customer must give the Company written or oral notice that an unauthorized use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
D. The Customer is responsible for payment of all charges for calling card services
fumished to the Customer or to users authorizcd by the Customer lo use service
provided under this Tarifl unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse of the Customefs
service or Cuslomer-provided equipment by third parties, the Customeds employees,
or the public.
The liability of the Customer for unauthorized use of the Network by crdit card
fraud will not exceed the lesser of lifty dollars ($50-00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification to
the Company.
Issued: Scptcmber 23, 2Ol4
lssued by Jeremy M. Kissel, General Counsel
180 North kSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Ptvotrl, LLC illbbGlobal Capaclty ldaho TariffNo. 2
Section 2
Original Page 34
LOCAL EXCHANGE SERVICES TARJFF
sEcTtoN 2.0 - RITLES AND REGULATIONS, CONT, D.
2.15 Ure of Customer'r Serice by Otherr
2.15.1 Jolnt Use Arrangements
Joint use anangements will be permitted for all scrvices provided under this Tariff. From each
joint use anang€ment, one member will be designated as the Customcr responsible for the
mannctr in which the joint use of fte seryice will be allocated. The Company will accept
ordcrs to start, rearange, relocatq or discontinue scrvice only from the Customer. Without
affccting the Customer's ultimate responsibility for payment of all charges for the servicq
each joint user shall be responsible for the payment of the charges bilted to it.
Issued: Septcrnbcr 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Str€et, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotal, LLC d/b/a Globrl Capaclty ldaho TariffNo. 2
Section 2
Original Page 35
LOCAL EXCHANCE SERVICES TARIFF
SECTION 2.0 - RT LES AND REGULATIONS, coNT'D.
2.16 Notlces and Communlcatlous
2,16.2 The Customer shall desigrate on the service order an address to which the Company shall
mail or deliver all notices and other comrnunicalions, excepl that Customer may also
desigrate a separate address to which the Compan/s bills for service shall be mailed.
2.t63 The Company shall designate on the service order an address to which the Customer shall
mail or dcliver all notices and other communications, cxcept that Company may designate a
separatc address on each bill for service to which the Cuslomer shall mail payment on that
bill.
2.16.4 Except as olherwise staled in this Tariff, all notices or other communications required to be
givm puruant to this Tariffwill be in writing. Notices and other communications of either
party, and all bills maild by the Company, shall be presumed to have been delivered to the
other party on the third business day following placement of the noticg communication or bill
with the U.S. Mailor a private delivery serice, prepaid and properly addresscd, or when
actually received or refused by the addresseg whichever occurs first.
2.16.5 The Company or the Cu$omer shall advise the other party of any changes to the addresses
desigrated for nolices, olher communications or billing, by following the procedures for
giving notice set forth herein.
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kisset, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotal, LLC dlbla Global Capacity ldaho TuiffNo. 2
Section 2
Original Page 36
LOCAL EXCHANOE SERVICES TARIFF
sEcrtoN 2.0 - RULES AND REGTTLATIONS, CONT, D.
2.17 Unlversrl Emergency Telephone Number Senlce (9Il)
Univcrsal Emergency Telephone Number Scrvice (91 I Senrice) is an arrangcmcot of Company c€nttral
oflice and [unking facilities whereby any telcphone user who dials the numbcrs 9t I will reach the
emergency report center for the telephone from which the number is dialed or will be routd to an
operator if all lines to an emergency report center ar€ busy. If no emcrgency rcport center Customer
exists for a central office entity, a telephone user who dials the number 9t t will be routed to an
operator. No call-specific charges apply to 9l I calls.
Issued: Scptember 23, 2014
lssued by:Jererny M. Kissel, Ceneral Counsel
180 North [aSalle Street, Suite 2430
Chicago,lL 60601
Effective:
GC Plvotal, LLC illblt Globel Crpeclty ldaho TariffNo. 2
Section 3
Original Page I
LOCAL EXCHANGE SERVICES TARIFF
SECTION 3.0 - SERVICE AREAS
3.1 Erchaoge Senlce Arers
lncal exchange services are provided, subjet to availability of facilities and equipment, in areas
currently scrved by the following Incumbant LECs:
l) Qwest.
Issued: Septqnber 23, 2014
lssued by:Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Pivotal, LLC d/b/a Global Cepacity Idaho TariffNo. 2
Section 4
Original Page I
LOCAL EXCHANGE SERVICES TARIFF
SECTION 4.0. SERVICE CHARGES AND SURCHARGES
4.1 Senice Ordcrand Change Chargar
4.1.1 General
Non-rrrurring charges apply to processing Service Orders for new senrice and for changes in
sewicc.
Primary Line Connection Chargq Applies to requests for initial connection or establishment
of telcphone service with the Company.
Secondary Line Connection Charge: Applies to installation of a second or additional access
line.
Moves: Applies to Customer rcquest for a move or change in the physical location of the
access line.
Transfer of Service: Applies to Customer request for a change in lhe service location.
Telephone Number Chanec: Applics to Customer request for a change of the Customer
telephone number.
Service Order ChangeyAdds: Applies to Customer requests for changes in service or
additional to services, not including the addition of calling features.
Calline Fcature Adds: Applies to Customer requests for addition of calling features.
Issued: Septembcr 23, 2Ol4
Issued by Jeremy M. Kissel, Ge,neral Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotrl, LLC d/b/r Globrl Caprcity IdahoTariffNo.2
Section 4
Original Page2
LOCAL EXCHANGE SERVICES TARIFF
4,1
SECTION 4.0 - SERVTCE CHARGES AND SURCHARGES, CONT'D.
Scnlce Order and Change Chargq Cont'd.
4,12 Rates
Line Conncction Charge
Primary Line
Secondary Line
Moveq per line
Transfcr of Service, per order
Tclephone Number Change
Scrrrice Order ChangeVAdds
Call Feature Adds, per featur
Residence
$45.00
$45.00
s2s.00
$r5.00
$15.00
$15.00
$5.00
Business
$75.00
$75.00
$45.00
$4s.00
s25.00
$25.00
s10.00
Issued: Septembo 23, 2Ol4
Issuod by:JeremyM. Kisscl, Ccneral Counsel
180 North kSalte Street. Suite 2430
Chicago, IL 60601
Effetive:
GC Plvotel, LLC d/b/a Globel capacity Idaho TariffNo. 2
Scction 4
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 4.0 - sERvIcE CHARGES AND SURCHARGES, CONT'D.
Rertonl Charge
A restoration charge applies to the restoration of suspended seryice and facilities because of
nonpayment of bills and is payable at the time that the restoration of the suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of service,
service is laler re-installed.
Residence Business
Restoration after temporary denial, but prior to completion of
order to discontinue service $15.00 $25.00
Issued: Scptember 23, 2Ol4
Issued by:Jererny M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotrl, LLC d/b/a Global Capaclty Idaho TariffNo, 2
Scction 4
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 4.0 - sERvIcE CHARGES AND SURCHARGES, CONT'D.
Temporary Suspenslon of Senice
Upon thc reguest of the Customer and where equipment atrangements permit, serice may bc
temporarily suspended for a period not to exceed nine months. Suspension ofservice and r€storal may
begin or teiminate on any day of the month provided notice is given suffrciently in advance for
arangem€nts to be made. Service will be disconnccted to the extent necessary to assure than no
inward or outward service will be availablc during the period of suspension. The monthly rate for
service during the period of the temporary suspension is dependent upon Oe service plan to which the
Customer is subscribcd.
Nonrecurring Charge
Residerce
st0.00
Business
$25.00
Issued: September 23, 2014
lssued by:Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
4.4
GC Plvotal, LLC d/b/a Globel Capaclty ldaho TariffNo. 2
Section 4
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
Public Telephone Surcharge
In order to recover the Company' s expenses to comply with lhe FCC' s pay telephone compensation
plan effeaive on October 7 ,1997 (FCC 97-371), an undiscountable per call charge is applicable to all
intrastate calls that originate from any pay telephone used to access Company provided services. This
surcharge, which is in addition to standard Tariffed usage charges and any applicable service charges
and surcharges associated with service, applics for the use of the instrument usod to access Company
provided service and is unrclated to the service accessed from the pay lelephone.
Pay telephones include coin-operated and coinless phones owned by local telephone companies,
independcnt companies and interexchange caniers. The Public Pay Telephone Surcharge applies to
the initial completed call and any reoriginated call (e.g., using the A#@ symbol). The Public Pay
Telephone Surcharge does not apply to calls placed from pay telephones at which the Custom€r pa)rs
for service by inserling coins during the progrcss of the call.
Whenever possible, the Public Pay Tclephone Surcharge will appear on the same invoice containing
the usage charges for the surcharged call. In cases whcrt proper pay telephone coding digits are not
transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be
billed on a subsequent invoice after the Company has obtained information from a carrier that the
originating station is an eligible pay tclephone.
Ratc Per Call:$0.50
Issued: Scptenrber 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Street, Suite 2430
Chicago, IL 60601
Effective:
5.1
GC Plvotel, LLC drb/e Global Capaclty Idaho TariffNo.2
Section 5
Original Page I
LOCAL EXCHANGE SERVICES TARTFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE
Gcneral
5.1.1 Crll Tlmlng for Urage Sensitlve Scrvlcer
Where charges for a scrvice are specified based on the duration of use, such as the duration of
a telephone call, the following rules apply:
5.1.1 Calls are measured in durational incremcnts identified for each service. All calls
which are fractions of a mcasurement increment are roundcd-up to the next whole
unit.
5.1.2 Timing on completd calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this
signaling is provided by the tenninating local carricr and any intemediate canier(s).
5.13 Timing tcnrinates on all calls when the calling party hangs up or the Compan/s
network receives an off-hook signal from the terminating carrier.
5.t.4 Calls originating in one time perid and terminating in another will be billed in
proporlion to the rates in effect during different scgments of the call.
5.1.5 All times refer to local time.
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago,lL6060l
Effective:
GC Ptvotal, LLC drt/a Global Cepactty Idaho TariffNo. 2
Scction 5
Original Page 2
LOCAL EXCHANGE SERVICES TARJFF
5.1
sEcTtoN 5.0 - LocAL EXCHANGE SERVICE, CONT'D.
General, Cont'd.
5.1.2 Calculatlon of Dhtance
The Company does not raie calls based on mileage or disturce.
5.13 Rate Perlodc for Tlme of Day Senrltlve Servlces
The Company does not rale calls bascd on time of day.
lssued: September 23, 2Ol4
lssuod by:Jeremy M. Kissel, General Counsel
lE0 North LaSalle Str€et, Suite 2430
Chicago, tL 60601
Effective:
s.2
GC Plvotel, LLC drbla Globel Capaclty Idaho TariffNo. 2
Section 5
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
Integrrted Voice Servlces I
lntegrated Voice Scrvices I providcs four (4) tclephone lines and includes the following features at no
additional charge: Call Fonrarding, Call Waiting, Block Call Waiting, 3-Way Calling, Block Caller
ID, Caller ID with Number, Caller ID with Name, Block 900, Block 9?6, and I line hunting group.
lntegrated Voice Services I also includes, at no additional chargg unlimited local calling and an
allowance of 1,500 minutes of use for combined intraLATA toll and intrastate ard interstate
interLATA toll usage, and one directory listing per service location. Any unused portion ofthe usage
allowances will not carry forward to the following month. For toll usage beyond the 1,500 minute
allowance, Cuslomers can choose GC Pivotallong dishnce calling plans described in Section ?.3 of
this Tariff. Absent the Customer's election of such a plan, Customer interLATA and intraLATA
intrastate toll calls are billed in accordance with Section 7.2 of this Tariff.
Customers seeking lo purchase lntegrated Voice Services I must also purchase GC PivotalDSl
services on the same line and in accordance with Covad's terms and conditions for data services.
Issued: Septanber 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
180 North LaSalle Street, Suite 2430
Chicago, IL 60601
Effective:
GC Plvotrl, LLC illbla Global Capoclty ldaho TariffNo, 2
Section 5
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.2 Intcgrrtcd Volcc Senlces l, (Conttd.)
5.2.1 Rates
Non-Recuning Charges
Customers with existing CC PivoulDSL who are adding GC Pivotallntegrated Voice Services
strall be charged a $199.00 Non-Recuning Insullation Charge.
Customers ordering new GC Pivotallntegrated Voice Services shall be charged a $275.00
Non-Recuning Installation Charge.
InteEratod Voice Services I Monthly Rates
One'year term:
Two-year lerm:
$200.00
$t90.00
Issued: September 23, 2014
Issued by:
Effective:
Jeremy M. Kissel, General Counsel
180 North laSalle Str€et, Suite 2430
Chicago, IL 60601
GC Plvotal, LLC d/b/a Global Ceprclty ldaho TariffNo. 2
Section 5
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION S.0 - LOCAL EXCHANGE SERVTCE, CONT'D.
Intogretod Volce Servlces 2
lntegrated Voice Services 2 pmvideseighl (8) telephone lines and includes the following features at
no additionalcharge: Call Fonvarding Call Waiting, Block Call Waiting, 3-WayCalling Block Caller
ID, Callcr lD with Number, Caller ID with Name, Block 900, Block 976, and I line hunting group.
Intcgrated Voice Services 2 also includes, at no additional charge, unlimited local calling, allowances
(as described below and in Section 7 of this TarifD forcombined intraLATA toll and intrasate and
interst8t€ interLATA toll, and one directory listing per sewice location. Any unused portion of the
usage allowances will not carry fonrrard lo the following month.
lntegrated Voice Scrvices 2 also includes, at no additional charge, unlimited local calling and an
allowancc of 3,000 minutes of use for combined intraLATA toll and intrastate and intemtate
interLATA toll usage, and one directory listing per service location. Any unusod portion of the usage
allowanccs will not carry forward lo the following month. For toll usage bclond lhe 3,000 minute
allowance, Customers can choose GC Pivotallong distance calling plans described in Section 7.3 of
this Tariff. Abscot the Customer's election of such a plan, Customcr interLATA and intraLATA toll
calls are billd in accordance with Section 7.2 of this Tariff.
Issued: September 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
180 Nonh LaSalle Street, Suile 2430
Chicago, IL 60601
Effective:
53
GC Pivotrl, LLC illbltGlobal Capaclty Idaho TariffNo.2
Section 5
Original Page 6
LOCAL EXCHANGE SERVICES TARTFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
Integrated Volce Seruices 2, (Cont'd)
53.1 Rates
Customerc seeking to purchase Integratd Voices Seryices 2 must also purchase GC
PivotalDSl scrvices on the same line and in accordance with Covad's terms and conditions
for data services.
Non-Recuning Charges
Cuslomers with existing GC Pivotal DSL who are adding GC Pivotal Integrated Voice
Seryices shall be charged a $199.00 Non-Recurring Installation Charge.
Customers ordering new GC Pivotal Integnted Voice Services shall be charged a $275.00
Non-Recuning Installation Charge.
Integrated Voice Services 2 Monthly Rates
One'),eartem:
Two-)rcar term:
$400.00
$380.00
Issucd: Septcmber 23, 2014
Issued by
Effective:
Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
GC Pivotal, LLC illblt Global Caprclty ldaho TariffNo.2
Section 6
Original Page I
LOCAL EXCHANGE SERVICES TARIFF
6.1
SECTION 6.0 - SUPPLEMENTAL SERVICES
Dlrectory Arslstance Servlces
6.1.1 Local Dlrectoty Asslstance
C. Ratm
Per Call to Directory Assistance:
B.
General
A Customer may obtain assislance, for a charge, in determining a telcphone number
by dialing Dircctory Assistance Service. A Customer can also receive assislance by
writingtheCompanywith a list of namesandaddresses forwhich telephonenumbers
are desired.
Regulatlonr
There are no call allowances for Directory Assislance Services. A Directory
Assistance Charge applies for each call to Directory Assistance for telephone
number(s), area cod(s), and/or general information requestd from the Directory
Assistance operator except as follows:
a) Calls Iiom coin telephones, including COCOTS (Customer Owned Coin
Operated Telephone Sets).
b) Requests in which the Directory Assistance operator provides an incorrect
number. The Customer must inform the Company of the eror in order lo
receive credil.
c) Customer experiences poor transmission or is cut-offduring the call.
d) Customers will be provided with a maxirnum of two (2) telephone numbers
for each call to Directory Assistance.
$1.25
Issued: September 23, 2Ol4
Issued by
Effective:
Jererny M. Kisscl, General Counsel
180 North L:Salle Street, Suite 2430
Chicago, IL 60601
GC Plvotal, LLC illblt Global Crpaclty ldaho TariffNo. 2
Section 6
Original Page 2
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.t Dlrectory Acsisttnce Servlces' Cont'd.
6,1.2 Local Call ComPletlon
The charges as shown below apply for each request made to the Directory Assistance Operator
in which the operator completes the call to the desired number. Call Completion is only
available where facilities permil.
local, Per Call:
Issued: Scptember 23, 2014
Issued by:Jeremy M. Kissel, General Counsel
t80 North hSalle Street, Suite 2430
Chicago, IL 60601
Effective:
6.r
GC Plvotel, LLC dlblt Global Crpaclty Idaho TariffNo. 2
Section 6
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONTTD.
Dlrectory Asslstance Sen lcer, Conttd.
6.13 Natlonwlde DlrectorTAssistancc
Nationwide Directory Assistance is a scrvice whereby Customers may request assistance in
determining listing information on a nationwide basis. Roquests for local or intraLATA
listings are billed under the basic Directory Assistance charges as described in this Section.
The regulations and ratell set forth below apply to all calls from Customers who request
assistance in daermining tclephone number information of subscribers who are located
outside their LATA.
The Customer will be charged for each call. Customer may request up to two listings pcr call.
The nationwide listing rate applies per call whether or not a number is provided; this includcs
requests for numbers which are non-published or non-lisled.
There are no billing exemptions or allowances for Nationwide Directory Assistance.
lncal, Per Call:s0.95
lssued: Septenrber 23, 2Al4
lssued by:Jeremy M. Kissel, General Counsel
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
6.2
GC Plvotrl, LLC d/b/e Globel Crpaclty Idaho TariffNo. 2
Section 6
Original Page 4
LOCAL EXCHANCE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERV|CES, CONT'D.
Local Operrtor Senlce
lncal calls may be complaed or billed with the live or mchanical assistance by the Company's
operator cenler. Calls may be billed collect to thc called party, to an authorized 3rd party numbcr, to
the originating line, or to a valid authorized calling card. Local calls may be placed on a station to
station basis or to a specified party (see Person to Person), or designated allemate. Usage charges for
local operator assistcd calls arc those usage charges &at would normally apply to thc calling pafly's
service. ln addition to usage charges, an operalor assistance charge applies to each call:
6.2.1 Rates
Usaee Rates
Usagc charges will be billed at the rate in effect for the prcsubscribed scrvice plan purchased
by the Cuslomer. See Section 5 of this Tariff.
Per Call Service Charses
Calling Card - Automated
Calling Card - Operator Dialed
Billed to Third Number
Collcct
Person-to-Person
$0.56
$0.9s
s1.30
s1.30
s3.50
Issued: September 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North kSalle Street, Suite 2430
Chicago, tL 60601
Effective:
GC Plvotal, LLC d/b/a Global Capaclty ldaho TariffNo.2
Section 6
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
sEcTtoN 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
Busy Llne Verlllcadon and Emergency lnternrpt Servlce
Upon request of a calling party the Company will veri$ a busy condition on a designated local service
line. The opcrator will determine if the line is clear or in use and report to the calling party. At the
request of the Cuslomer, the operator will interrupt the call on the busy line. Emergency Interruption is
only permitted in cases wherc the calling party indicates an emcrg€ncy exists and requess internrption.
If the Customer has the operator intemrpt a calt, both the Busy Line Verification and the Emergency
Intemlpt charge will apply.
No charge will apply when the calling parly advises that the call is lo or from an oflicial public
ernergency agency. Busy Verification and Emergency lnErrupt Service is frrrnished whcre and to the
extent that facilities Permit.
Th€ Customer shall identiS and save the Company harmless against all claims that may arise from
either party to the intemlpted call or any person.
Busy Line Verification:
Busy Line InterruPt
$l.50
$3.00
Issued: Septembcr 23, 201 4
lssued by Jeremy M. Kissel, General Counsel
180 North l-aSalle Street, Suite 2430
Chicago, lL 60601
Effective:
GC Plvotrl, LLC d/b/r Global Capaclty ldaho TariffNo. 2
Section 6
Original Page 6
LOCAL EXCHANCE SERVICES TARIFF
sEcTloN 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
Dlrectory Llstlng Senlce
6.4.1 DlrectoryLlstlngDeflnldons
Primary Listing - One listing, termed the primary listing, is included with each Customeds
service with the primary line of a line hunting group and with each Joint User service.
Non-Listed Number (Private Directory Service) - A Non-Listed Number will be furnished at
the Customer's rquest, providing for the omission or deletion of the Customer's listing liom
the telephone directory. Such listings will be canied in the Company's direclory assistancc
and other records and will be given lo any calling party.
Non-Published Number (Semi-Private Direclory Service) - A Non-Published Number will be
fumished al the Customer's request. A Non-Published Number is not listed in the telephone
Compan/s directories, or on directory assistance records. Listing information (name, address
and number) on a Non-Published Number is not available to the general public.
Additional Listings - At a charge, additional listings may be included in the alphabetical
directory and on directory assistance records, or appear on directory assistance records only.
The monthly rate foradditional listings applywhen the lislings appear in DirecloryAssistance
records in accordance with the date requested by the Customer.
Issued: Septernber 23, 2Ol4
Issued by:Jeremy M. Ki*sel, Ceneral Counsel
180 North laSalle Street, Suite 2430
Chicago,IL 60601
Effective:
GC Plvotal, LLC dhla Global Cepacity ldaho TariffNo. 2
Section 6
Original Page 7
LOCAL EXCHANGE SERVICES TARIFF
SECTION 5.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.4 Directory Llstlng Servlce, Cont'd.
6.4.2 Ratec
Monthly Recurrlng ChargoResidence BusinessPrimaryListing $0.00 N/A
Additional Listings S1.43 N/A
Non-Listed Number, per line $0.71 N/A
Non-Published Number, p€r account $1.20 N/A
Issued: Scptemb€r 23, 2Ol4
Issued by:Jeremy M. Kissel, General Counsel
180 North l^oSalle Street, Suit€ 2430
Chicago, IL 60601
Effective:
GC Plvotrl, LLCillbla Clobal Crpaclty Idaho TariffNo. 2
Section 7
OriginalPage I
LOCAL EXCHANGE SERVICES TARTFF
SECTION 7.0 - LONG DISTANCE SERVICES
7.1 General
lnterexchange Long Distance scrvices offered by the Company are described in the Company's ldaho
TariffNo. l.
lssued: Septenrber 23, 2014
lssued by:Jenemy M. Kissel. Ceneral Counscl
180 North laSalle Street, Suite 2430
Chicago, IL 60601
Effective:
EXEIBIT F
Appllcent'r Shtemont
STNTE OI; ARIZONA
COUNTY OF MARICOPA
VERIFICATION
l, Richanl Garncr, state that I am Sccretary and Trssurer ol'CC Pivotal, LLC; that I am
authorizcd to make this Vcrificatian on behalf of CC Pivotal. L.LC; thqt the foregoing liling was
prepared under my direction and supen'ision: and thnt the conlents are truc ard comect to thc
brsl of my knowledge, informatio& and belief.
$
$
$
Sworn and subrcribd bcfore me thi.r )-l-day of Seprcmber.2014.
My comnrission expires (-t*l , { r a Ol %
JEIIIIIIFER CAEEY
ilOTARY PIEJC . AfTZONA
MAN|GORACOT'NW
My Gomnisin Erpfiost ary 15. ml8
./' Secrctary and Treasurer