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HomeMy WebLinkAbout20061115Revised proposed tariff.pdfCACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 1 Cactus International, Inc. Schedule of RECEIVED ZGO6NOVI5 ~!4At, Ip/~iiO . , ILllli:~ ('O~;- ~;-' '-' l"r"10~/Oi'i 28 -t -ob-o( GENERAL REGULATIONS FOR EXCHANGE SERVICES Bovill Deary Elk River Genesee Harvard Moscow Onaway Potlatch Applying to the Local Exchange Services and Facilities ofthis Company within the State ofIdaho as follows: November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 2 CHECK SHEET Current sheets in the price list are as follows: Section 1 Section II Section III Section IV Section V Sheet 1 - Original Sheet 2 - Original Sheet 3 - Original Sheet 4 - Original Sheet 1 - Original Sheet 1 - Original Sheet 2 - Original Sheet 3 - Original Sheet 4 - Original Sheet 5 - Original Sheet 6 - Original Sheet 7 - Original Sheet 1 - Original Sheet 2 - Original Sheet 3 - Original Sheet 4 - Original Sheet 1 - Original November 3, 2006 By C. Anthony Ray, Vice President Sheet 5 - Original Sheet 6 - Original Sheet 7 - Original Sheet 2 - Original Sheet 8 - Original Sheet 9 - Original Sheet 10 - Original Sheet 11 - Original Sheet 12 - Original Sheet 13 - Original Sheet 5 - Original Sheet 6 - Original Sheet 7 - Original Sheet 8 - Original Sheet 2 - Original CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 3 TABLE OF CONTENTS Section I - General Title Page"".."",.."..",.."".."..,.."..".."..",..",.."",.............................,.................. 1 Check Sheet................................................................................................,......... Table of Contents.........................,........................................................................ 3 Application of Price List......,............................,..................................................... 5 Explanation of Symbols........................,................................................................ 6 Contact Information............................................................................................... 7 Section II - Definitions Section III - Regulations 1. Company Undertaking........................................................................................ 1 Scope........................,.......................................................................... 2. Shortage of Equipment or Facilities.................................................................... 3. Selection of Transmission.................................................................................. 4. Notification of Service-Affecting Activities.......................................................... 2 5. Provision of Equipment and Facilities................................................................. 2 6. Terms and Conditions........................................................................................ 2 7. Non-routine Installation and Special Construction.............................................. 2 1 - Non-routine Installation....................,................................................. 2 2 - Special Construction.......................................................................... 3 3 - Advanced Payment............................................................................ 38. Ownership of .Facilities............,......................................................................... 3 9. Rights-of-Way......................................................................................,...,.......... 10. Liability............................................................................................................... 4 10.1 - Liability of the Company..................................................................... 4 10.2 - Determination of Liability................................................................... 4 11. Indemnification....................................................""""""""""""""""""""""'" 4 12. Conflicts Between Price List and Commission Rules......................................... 5 13. Allowances for Interruptions in Service......................................,....................... 5 13.1 Credit for Service Interruptions............................................................. 5 13.2 Limitations on Allowances.................................................................... 5 14. Obligations of the Customer............................................................................... 6 15. Prohibited Uses........................................,......................................................... 6 15.1 Abuse......................................................................,.............,......,....... 6 15.2 Fraudulent Use..................................................................................... 7 16. Payments............................................................................................................ 7 16.1 Customer Obligations........................................................................... 7 16.2 Disputed Bills........................................................................................ 16.3 Payment Arrangements........................................................................ 8 17. Taxes, Charges, Fees......................................................................................... 9 18. Deposits................................................................................................,............. 9 19. Refusal or Termination of Services........................,........................................,... 9 19.1 Grounds for Refusal to Establish Service............................................. 9 19.2 Grounds for Termination with Written Prior Notice............................. 10 19.3 Without Written Notice to the Customer............................................. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 4 19.4 Notice of Disconnection.........................................................,..,........, 12 19,5 Customer Cancellation of Service..................,....,.............................. 12 20, Restoration of Service......................................................,.............................., 13 21, Assignment."..",...."",..",....".."".........",..",....,..,"..,....,..,...'..,'.,......"""",..", 13 22, Promotions,..".."..,..,..",.."",..,..."......,....",.."....,"..,..""'........",..,...",....",,,..., 13 23, E911 ",....""""....".................,."..".."",..".."",..,'......",..""..,.."......"",..".."" 13 24, Public Notice""".."",.."......"...."..",...."..""..",...,..,.",....",..,.."""..,.."""..,.." Section IV - Local Exchange Services and Other Services 1, General.,..,....."".."",..,..".."",.."..,.."..,..."",.."..,....""..,..""".."",.."..,.."",..,.., 1 2, Service Descriptions",..",.........""..".."""",..""..".."..,..."",..,.."""..,..""""".." 1 DataDS1 Service"".."".."".."..,..,..",..,.."""."....".."","..,.."""",..,..", 1 2 DataPRI Service"",..",.."".."..,.",..""".."",..,.."",..",,.,..,.."""",.."..... 3 Direct Inward Dialing Service....................................................,.......... 6 2.4 Numbered Services".."",.."..""..,........,....",.."..,.."..".."",."..".."",..,, 5 Idaho USF Surcharges........,..........................,...................................., 8 Section V - Rates and Charges DataDS 1 Service.................... .......... """""""""""""""""""""""""""""" 1 DataPRI Service.......... ............ .......... ............. ........ ............... ............. .......... Direct Inward Dialing Service..................................................................... Records Only Change. """""'" """"""""'" ....... ................... ........ ....... ........ 1 Nonlisted Number Service....... ...... ................... ....... ...........................,........ 2 Nonpublished Number Service... ........... ............... ................... .................... November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 5 APPLICATION OF PRICE LIST Cactus International, Inc. (hereinafter "The Company ) has been authorized by the Idaho Public Utilities Commission (Idaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the Moscow, Idaho, Service Area. The rates and rules contained herein are subject to change pursuant to the rules and regulations ofthe Idaho PUC. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 6 EXPLANATION OF SYMBOLS. REFERENCE MARKS. AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The following symbols shall be used as set out below to describe specific changes made to the original price list. C - D - I - N - S - T - Indicates a changed listing, rule, or condition, which may affect rates or charges Indicates discontinued material, including a listing, rate, rule or condition Indicates an increase Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition Indicates new material including listing, rate, rule or condition Indicates a reduction Indicates reissued matter Indicates a change in wording of text, but not a change in rate, rule or condition. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section I Original Sheet 7 CONTACT INFORMATION Cactus International, Inc. dba Cactus Computer Company 211 S. Main St Moscow, ID 83843 Phone: (208) 883-5500 Fax: (208) 883-3618 Email: Admin~CactusInternational.com Customer Contact - For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: (800) 310-5554 Maintenance: (800) 310-5554 Commission Contact - For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service: Monica L. Ray Phone: (208) 883-5500 Fax: (208) 883-3618 Email: Monica~CactusInternational.com Matters concerning tariffs and regulatory affairs: Craig A. Ray Vice President Network Operations Phone: (208) 883-5500 Fax: (208) 883-3618 Email: Tony~CactusInternational.com November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section II Original Sheet 1 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines:Telephone facilities which permits access to and ITom the Customer premises and the telephone exchange or serving central office. Advance Payment:A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non-recurring charges, and an estimate of the first month's recurring charges. Advance Payments will be applied to the first bill rendered by Company following implementation of services. Agent:A business representative authorized by the Company to bring about, modify, affect accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant:A person who applies for telecommunications service. Includes persons seeking reconnect ion of service after Company-initiated termination. Application:A request made in writing for telephone service. Authorized User:A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI): The automatic transmission of a calling party' billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The primary purpose of ANI is for billing oftoll calls. Basic Rate Area:A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Company or Name of Company : Cactus International, Inc. Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company s regulations related to that service. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section II Original Sheet 2 Direct Inward Dialing (DID): Allows incoming calls from the exchange or toll network to reach specific stations without attendant assistance or intervention. Nonlisted Service: A dire~tory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service:Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date : The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated ITom the Service Commencement Date. Shared : A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service: Telephone service provided to businesses with five (5) or fewer lines. November 3 , 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 1 REGULATIONS 1. Undertaking ofthe Company Scope 2 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 1.2 The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company s services. However the Customer remains liable for all obligations under this price list even if such sharing or resale arrangements exist regardless of the Company knowledge of these arrangements. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 1.4 Company services may be connected to the services or facilities of other communications carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carriers. 5 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. 2. Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service. Services will be provided using company owned or leased facilities. 3. Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 2 underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 4. Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service- affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers services. No specific advance notification period is applicable to all service-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting ITom cable damage. 5. Provision of Equipment and Facilities 1 The Company shall make a reasonable effort to provide service to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this price list. 2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not, and the Customer shall not permit others to rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company. 6. Terms and Conditions 1 Service is provided on a minimum term basis of at least one month, using 24- hours per day for each day of the month. For purposes ofthis price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein. 2 This price list shall be interpreted and governed by the laws of the State ofIdaho and the Rules issued by the Idaho Public Utilities Commission. 7. Non-routine Installation and Special Construction 1 Non-Routine Installation At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or in hazardous locations. In November 3,2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 3 such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. 7.2 Special Construction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (c) over 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 utilize in the furnishing of its services; ( e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company s other Customers and contractual responsibilities. 3 Ifrequired by the Company, the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer initial bill. The Company may require such an advance payment, in addition to a deposit, when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer. 8. Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company November 3 , 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 4 by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will permit. 9. Rights-of-Way Provisioning of the Company s services is subject to and contingent upon the Company s ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company s services to the Customer s service point as agreed to by the Company. 10. Liability 10.Liability of the Company The liability of the Company for damages arising out of mistakes, omissions interruptions, delays, or errors or defects in transmission occurring in the course of furnishing a service and not caused by the negligence ofthe customer, shall in not event, exceed an amount equivalent to the proportionate charge to the customer for the period of service during which such mistake omission, interruption, delay, or error or defect in transmission occurs. When the facilities of other companies are used in establishing connections to points not reached by the Company s facilities, the Company is not liable for any act or omission of the other company or companies. The Company is not liable for any unavoidable damage to the customer premises resulting ITom the attachment of its equipment and associated wiring on such premises, or ITom the installation or removal thereof. The Company will make no refund of overpayments by the customer unless the claim for such overpayment together with proper evidence be submitted within three years from the date of the alleged overpayment. 10.Determination of Liability The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 11. Indemnification November 3 , 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. C PRICE LIST 1 Section III Original Sheet 5 In return for the use of Services provided by the Company., the Customer agrees to defend, indemnify and hold the Company; its Directors, Officers, Employees, and Affiliates harmless from any and all liabilities, costs, expenses, including reasonable attorneys' fees related to or arising from the Customer s use of the Service, including the Customer s Children s use, the Customer s Guests' use , the Customer Employees' use and the use of all others Persons having access to the Customer Service. 12. Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer s rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights unless otherwise ordered by the Commission, court order, or statute. 13. Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subject to the provisions of this section. 13.1 Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An interruption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 13 .1.1 The Company must restore service: within sixteen (16) hours after the report ofthe outage if the customer notifies the telephone company that the service outage creates an emergency; or 13.2 within 24 hours after the report of the outage if no emergency exists. 13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 m. on the following Monday, whichever is sooner. November 3 , 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 6 13.1.3 If the Company does not restore service within the times required by this paragraph, the Company will credit the customer s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. 13.2 Limitations on Allowances No credit allowance will be made for: 13 .2.1 interruptions due to the negligence ofthe Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; 13 .2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 13.3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 13.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 14. Obligations of the Customer 14.1 The Customer shall provide at no charge, as specified by the Company, any personnel, equipment, space, power, heating and air conditioning needed to operate and maintain a proper operating environment for the Company s facilities and equipment installed on the Customer s premises 14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 14.3 If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer 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 November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 7 additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. 15. Prohibited Uses The Customer shall not use or allow the use of the Company s facilities or equipment installed at the Customer s premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 15.Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to ITighten, torment, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. 15.Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the service including but not limited to: (a) rearranging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or (b) using ITaudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices, or electronic devices. 16 Payments 16.Customer Obligations 16.1 The Customer shall pay outstanding charges in full within 21 days of the invoice date. Charges normally will be invoiced in advance, with monthly recurring charges invoiced on or about the first of the month for which the charges apply. Amounts not paid within 30 days after the date of the invoice are considered delinquent. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 8 16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer s present and former employees, agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company s willful or negligent act. 16.Disputed Bills 16.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bill. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer s rights under the provisions of IDAP A 31.41.01.204 to challenge any billing amount due or paid to the Company. 16.2.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 800-432-0369 (ITom outside the local calling area) 16.Payment Arrangements 16.1 When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. 16.3.2 In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer s ability to pay, the size of the November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 9 unpaid balance, the Customer s payment history and length of service, and the amount oftime and reasons why the debt is outstanding. 16.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions ITom the Customer, a partial payment shall be allocated first to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such payments shall be applied first to the oldest undisputed balances. 16.5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment arrangement. 16.7 A Customer s failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1 + dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 16.8 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. 17. Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes, charges or fees ITom the Customer, these taxes charges and fees will be itemized separately on the Customer s bill. 18. Deposits The Company will not require advance deposits. 19. Refusal or Term ination of Services If the Company intends to deny an available service to an applicant, the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: a) the reasons for denial of the service; b) actions the applicant may take in order to receive the denied service; and November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 10 c) a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 19.1.1 the applicant has an outstanding amount due to the Company_for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 19.1.2 a condition exists that, in the Company s judgment, is unsafe or hazardous to the applicant, the general population, or the Company personnel, agents or facilities; 19.1.3 the applicant is known to be in violation ofthe Company s price lists filed with the Commission; 19.1.4 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 19.5 the applicant has falsified his/her identity for the purpose of obtaining service. 19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 19.2.1 for nonpayment of any undisputed amounts owing to the Company; 19.2.2 for services provided to premises that have been vacated by the Customer; 19.2.3 for tampering with the Company s property; 19.2.4 for violation of rules, service agreements, or filed price lists; 19.5 for use of Customer equipment which adversely affects the Company property, facilities, or service to its other Customers, or upon condemnation of November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 11 any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 19.2.6 for uaudulent obtaining or use of service, including, but not limited to: (a) providing false information to the Company regarding the Customer s identity, address, creditworthiness, or current or planned use of common communications; (b) using or attempting to use service by rearranging, tampering with or making connection to the Company s service where not authorized by this price list; (c) using tricks, schemes, false or invalid numbers, false credit devices electronic devices; or (d) any other fraudulent means or device. 19.Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer s permission for one or more of the following reasons: 19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. 19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 19.3 Services Obtained Illegally. The services(s) was (were) obtained diverted or used without the authorization or knowledge of the Company. 19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 12 19.5 Misrepresentation ofIdentity. The Customer has misrepresented the Customer s identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 19.6 for any governmental prohibition, or required alteration of the services provided, or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. 19.4 Notice of Disconnection 19.4.1 Seven-Day Notice Except as otherwise provided under the provisions of IDAP A 31.41.01.303.04 and 31.41.01.305 , the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date oftermination. The written notice will contain the information required by IDAP A 31.41.01.306. 19.4.Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination, the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to take to avoid or delay termination. Oral Notice will contain the same information as required by IDAPA 31.41.01.306. 19.4.3 Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination, but still intends to terminate, the Company will again issue a written notice as set out by subsection 19.4.1 of this price list, related to Seven-Day Notice. 19.Customer Cancellation of Service November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 13 If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. 20. Restoration of Service 20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 20.2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. 21. Assignment The Company may, without obtaining any further consent ITom the Customer, assign any of its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate ofthe Company; pursuant to any sale or transfer of substantially all the business ofthe Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. 22. Promotions The Company may provide promotional offerings ITom time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. 23. E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing ofE911 calls. The Company s switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section III Original Sheet 14 24. Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 1 LOCAL EXCHANGE SERVICES AND OTHER SERVICES 1. General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer to: (a) receive calls ITom other stations on the public switched telecommunications network; (b) access other services offered by the Company as set forth in this price list; ( c) access certain interstate and international calling services provided by the Company; (d) access the Company s operators and business offices for service related assistance; ( e) access emergency services by dialing 0- or 9-1; and (f) access services provided by other common carriers which purchase the Company s Switched Access Services as provided under the Company Federal and State price lists or price list, or which maintain other types of traffic exchange arrangements with the Company. Direct Inward Dialed Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Direct Inward Dialed Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Direct Inward Dialed Exchange Service enables the Customer to: (a) receive calls ITom other stations on the public switched telecommunications network. 2. Service Descriptions 1 DataDS I Service 1 Digital Architecture November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 2 DataDS 1 differs in provisioning method and numbering format from end-to-end services. DataDS 1 will be available ITom the Company on a link basis rather than as an end-to-end service. This architecture is intended to promote more efficient connectivity of analog and digital networks. If the DataDSI facility has been provisioned and is ready for use but the customer s related network services are not ready, then the system will not be functional. DataDS 1 will be available on a digital basis at the network interface at the customer s location. Both the Company and the customer have joint responsibilities to ensure the proper transmission of the provided services. Normal analog channel network interface specifications will be superseded by the electrical specifications on the 1.544 Mbps (DS 1) channel which is actually terminated. Each digital channel provided will have an identity only as a "time slot" within the DS 1 Channel. Compatible digital to analog conversion equipment must be provided by the customer to derive the desired analog services. Any Channel Service Units (CSUs) necessary for digital services are the responsibility of the customer. 2 Definitions Channel Service Unit (CSU).The term CSU denotes a network channel terminating equipment provided by the customer to terminate digital channel facilities at a customer s or user s location. DataDS 1 Capacity. A DS 1 signal between the customer location and the central office. This digital link can be used to transport switched data services. DataDSI is available in increments of24 digital channels. DSO. The term DSO denotes a channel service expressed in terms of its digitally encoded data bit rate in accordance with the North American hierarchy of digital signal levels. It is generally referred to as having a 64 Kbps transmission bit rate signal, however, customer transmitted bit rates are limited to 56Kbps. DS 1 . The term DS 1 denotes a channel service expressed in terms of its digitally encoded bit rate in accordance with the North American hierarchy of digital signal levels. It has a 1.544 Mbps transmission data rate and provides for the two-way simultaneous transmission of November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 3 isochronous timed bit stream format. Unframed signal formats are not permitted or compatible with Company equipment. 1.3 Regulations DataDS 1 is furnished subject to the availability of facilities from digital central office equipment located in a central office building owned or leased by the Company. Clear Channel Capacity (B8ZS) will be provided where available. DataDS 1 is available within an exchange where appropriate digital facilities are available as determined by the Company. Service inquires will be necessary to determine availability. Special Construction Charges as specified in this Price List may be applicable. All DataDS 1 must be channelized in a single equipment location at the customer s location. DataDSI cannot be split between locations. Standard Network interfaces, without Integrated Services Digital Network (ISDN) signaling and without any line type features, will be provided by the Company for analog and digital services consistent with existing practices. 1.4 Application of Rates The DataDS 1 Capacity rate is applicable to each DataDS 1. The DataDS 1 Capacity element provides for the network facility to the customer location and the central office channelization. DataDSI Service is available on a month-to-month basis, or on a 12- 24-, or 36-month term commitment. A change from month-to-month to a term commitment will incur a Records Only Change Charge found in this Price List. In the event DataDS 1 service is terminated by the customer prior to the completion of the current term commitment period, the customer will pay the Early Termination Charge in the Price List. Unless specified herein, rules and regulations contained elsewhere in this Price List are also applicable to DataDS 1 Service. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 4 2 DataPRI Service 1 Digital Architecture DataPRI differs in provisioning method and numbering format ITom end-to-end services. DataPRI will be available from the Company on a link basis rather than as an end-to-end service. This architecture is intended to promote more efficient connectivity of analog and digital networks. If the DataPRI facility has been provisioned and is ready for use but the customer s related network services are not ready, then the system will not be functional. DataPRI will be available on a digital basis at the network interface at the customer s location. Both the Company and the customer have joint responsibilities to ensure the proper transmission of the provided services. Normal analog channel network interface specifications will be superseded by the electrical specifications on the 1.544 Mbps (DS 1) channel which is actually terminated. Each digital channel provided will have an identity only as a "time slot" within the DS 1 Channel. Compatible digital conversion equipment must be provided by the customer to derive the desired services. Any Channel Service Units (CSUs) necessary for digital services are the responsibility of the customer. 2 Definitions Channel Service Unit (CSU).The term CSU denotes a network channel terminating equipment provided by the customer to terminate digital channel facilities at a customer s or user s location. DataPRI Capacity. A DSI signal between the customer location and the central office. This digital link can be used to transport switched data services. DataPRI is available in increments of24 digital channels. The 24 channels may consist of 23 Integrated Services Digital Network (ISDN) B-channels and 1 D-channel or 24 B-channels when more than one DataPRI is terminated and at least two DataPRI include D-channels. DSO . The term DSO denotes a channel service expressed in terms of its digitally encoded data bit rate in accordance with the North November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 5 American hierarchy of digital signal levels. It is generally referred to as having a 64 Kbps transmission bit rate signal, however, customer transmitted bit rates are limited to 56Kbps. DS 1 . The term DS 1 denotes a channel service expressed in terms of its digitally encoded bit rate in accordance with the North American hierarchy of digital signal levels. It has a 1.544 Mbps transmission data rate and provides for the two-way simultaneous transmission of isochronous timed bit stream format. Unframed signal formats are not permitted or compatible with Company equipment. 3 Regulations DataPRI is furnished subject to the availability of facilities from digital central office equipment located in a central office building owned or leased by the Company. Clear Channel Capacity (B8ZS) will be provided where available. DataPRI is available within an exchange where appropriate digital facilities are available as determined by the Company. Service inquires will be necessary to determine availability. Special Construction Charges as specified in this Price List may be applicable. All DataPRI must be channelized in a single equipment location at the customer s location. DataPRI cannot be split between locations. Standard Network interfaces, with Integrated Services Digital Network (ISDN) signaling and without any line type features, will be provided by the Company for analog and digital services consistent with existing practices. 2.4 Application of Rates The DataPRI Capacity rate is applicable to each DataPRI. The DataPRI Capacity element provides for the network facility to the customer location and the central office channelization. DataPRI Service is available on a month-to-month basis, or on a 12- 24-, or 36-month term commitment. A change ITom month-to-month to a term commitment will incur a Records Only Change Charge found in this Price List. In the event DataPRI service is terminated by the customer prior to the completion of the current term commitment November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 6 period, the customer will pay the Early Termination Charge in the Price List. Unless specified herein, rules and regulations contained elsewhere in this Price List are also applicable to DataPRI Service. Direct Inward Dialing Service 1 Description Direct Inward Dialing (DID) Service is a central office service that provides in-dialing ITom the exchange and toll network direct to the station lines associated with customer premises equipment without intervention from an attendant. 1 Conditions DID Service will be provided from central offices where equipment and operating conditions and facilities permit. Network Access Lines used in conjunction with DID Services are provided on a flat rate basis. 1 DID Station Line Telephone Numbers The assignment of telephone numbers and sequence of numbers assigned to this service are made at the discretion of the Company. DID Service will be offered in a minimum block of 10 numbers where facilities and operating conditions permit. Additional numbers may be ordered on a per unit basis. Customer-Provided Switching Systems must handle calls to all assigned numbers, including those that are not currently used with specific stations. Calls to numbers not currently used with specific stations must be routed by the customer to a recorded announcement referring the caller to another number. The nonrecurring Charges in Section 4 shall apply when a routing selection is changed after the initial option has been selected and installed. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 7 1.2 DID Trunks DID trunks are equipped for one-way inward service only and all trunks in a trunk group serving DID station lines must be equipped for DID service. The customer must subscribe to a sufficient number of trunks to insure Service Standards as determined by the Company. When trunks other than DID trunks are furnished to a customer with DID Service, those trunks must be in a separate trunk group from the DID service trunks. 2 Customer-provided Equipment Regulations for customer-provided facilities and equipment are as stated in the Rules and Regulations of the Federal Communications Commission (FCC). 3 Obligations of the Company It is the responsibility of the Company to maintain the integrity ofthe network that services the general public. In the provision of DID Service it is the responsibility of the customer to maintain sufficient DID trunks, and to intercept calls to DID station lines, to assure that degradation of the network services does not occur. Failure to do so will result in one or more of the following actions by the Company (based on the severity of the problem). The customer will be contacted in person or by telephone at the first awareness of a negative impact on the network and will be advised of the type of harm being created and the action required to alleviate the problem. A written notice may be sent upon completion of this contact to verify customer responsibilities for the service and actions that may be taken due to failure to comply. The customer will be required to correct the service problem within 10 days upon notification. Failure to correct the problem within the specified time period will result in the customer being charged the actual costs November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section IV Original Sheet 8 incurred by the Company in investigating and resolving trouble reports that are directly due to the negligence of the customer. NOTE: If the negligence of the customer causes harm to the network service of other customers, the Company reserves the right to take necessary action, including the disconnection of the service, until the problem is alleviated. Provisions for disconnection are as stated in the Idaho Public Utilities Commission Rules and Regulations Termination of Service Rules For All Telephone Companies. 2.4 Number Services 2.4.Nonlisted Number Service Description Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. 2.4.Nonpublished Number Service Description Non-Published Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund. The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. November 3, 2006 By C. Anthony Ray, Vice President CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section V Original Sheet 1 RATES AND CHARGES DataDS 1 Capacity each increment of 24 Digital Channels Month-to-month 12-Month Term Commitment 24-Month Term Commitment 36-Month Term Commitment Early Termination Charge DataPRI Capacity each increment of24 Digital Channels Month-to-month 12-Month Term Commitment 24-Month Term Commitment 36-Month Term Commitment Early Termination Charge Direct Inward Dialing First 10 DID station line numbers (must pay for minimum of 10) Each additional station line number Central Office Located Trunk (DSO) Records Only Change November 3, 2006 By C. Anthony Ray, Vice President Monthly Rate Nonrecurring Charge $ 400.$ 500. 375.500. 325.500. 275.500. 1000. 425.500. 400.500. 350.500. 300.500. 1000. 15.40. 1.50 25. 60. CACTUS INTERNATIONAL, INC. I.P.C PRICE LIST 1 Section V Original Sheet 2 RATES AND CHARGES (CONTINUED) Nonlisted Number Services Nonpublished Number Services November 3, 2006 By C. Anthony Ray, Vice President Monthly Rate 1.00 1.00 Nonrecurring Charge