DSLnet Communications LLC.pdf

PAGE:Title
Original
Idaho Public Utilities Commission
ACCEPTEO"FOR FILING
MAY 2 11999
Boise. Idaho
(Acceptance Stamp)DSLnet Communications, LLC
, . j
IDAHO
INTEREXCHANGE TELECOMMUNICA nONS TARIFF
DSLnet Communications, LLC
Issued By:
Alan Bolduc
Vice President
DSLnet Communications, LLC
545 Long Wharf Drive, Fifth Floor
New Haven, CT 06511
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
1.01..1. n..Lt: ..,.,.. A -.... --"V ~L"""'"
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Bojse, Idaho(Acceptance Stamp)
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original
and revised pages as named below contain all changes from the original tariff that are in effect on
the date shown on each page.
PAGE REVISION LEVEL PAGE REVISION LEVEL
Title Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
. ' ",,
Original
lugnu UUII" U"II"""
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Bclise Idaho(Acceplance Stamp)
TABLE OF CONTENTS
Descri tion Sheet Number
CHECK SHEET............................................ .............
TABLE OF CONTENTS....................................... ...........
TARIFF FORMAT ......................................................
EXPLANATION OF SYMBOLS, REFERENCE MARKS; AND ABBREVIATIONS
OF TECHNICAL TERMS USED IN THIS TARIFF ............................
APPLICATION OF TARIFF ..............................................
1.0 DEFINITIONS....................................................
REGULATIONS .................................................
1 UndertakingoftheCompany..................................2.2 Prohibited Uses ............................................
Obligations of the Customer ..................................2.4 Customer Deposits and Advance Payments . . . . . . . . . . . . . . . . . . . . . . 22
Payment Arrangements ......................................
Allowances for Interruptions in Service
. . . . . . . . . . . . . . . . . . . . . . . . .
Cancellation of Service/Termination Liability .................... 38
Customer Liability for Unauthorized Use of the Network . . . . . . . . . . . 39
9 UseofCustomer sServicebyOthers
.......................... .
10 TransfersandAssignments ..................................11 NoticesandCommunications ................................
SERVICE DESCRIPTIONS ........................................
Issued: April 26, 1999
Issued by:
Title:
Effective: May 6, 1999
Alan Bolduc
Vice President
PAGE:
Original
. - """"'--"
1O3no rUDm; Ul1l1ltt::i
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Bois Idaho't:eptance Stamp)
TABLE OF CONTENTS (cont'
Descri tion Sheet Number
RATE SCHEDULE ...............................................
xDSLDataloop ............................................
MISCELLANEOUS SERVICES ....................................
Restoration of Service .......................................5.2 Rates (RESERVED FOR FUTURE USE) .......................
SPECIAL ARRANGEMENTS ......................................
Special Construction ........................................
Individual Case Basis (ICB) Arrangements. . . . . . . . . . . . . . . . . . . . . . . 506.3 Special Promotions .........................................
PROMOTIONAL OFFERINGS (RESERVED FOR FUTURE USE) ........
Issued: April 26, 1999
Issued by:
Title:
Effective: May 6, 1999
Alan Bolduc
Vice President
PAGE:
"'_
L D..I.I:A II~:I:~:A~
. .
Original
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho
(Acceptance Stamp) .
TARIFF FORMAT
Page Numbering - Page numbers appear in the upper right comer of the page.
Pages are numbered sequentially. However, new pages are 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 14 and 15 would be
14.
Page Revision Numbers - Revision numbers also appear in the upper right comer
of each page. These numbers are used to determine the most current page version
on file with the Commission. For example, the 4th Revised Page 14 Cancels the
3rd Revised Page 14.
Paragraph Numbering Sequence - There are five levels of paragraph coding. Each
level of coding is subservient to its next higher level:
1.1
1.1.1
1.1.1.a
2. 1.1. 1.a.(1 )
Issued: April 26, 1999
Issued by:
Title:
Effective: May 6, 1999
Alan Bolduc
Vice President
PAGE:
Original
Id:lhn Puhlil' Iitiliti,,~ A .
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
EXPLANATION OF SYMBOLS REFERENCE MARKS AND
ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF
When changes are made in any tariff sheet, a revised sheet will be issued canceling the
tariff sheet affected. Changes will be identified on the revised sheet(s) through the use of
the following symbols:
C -To signify Changed Regulation.
Delete or Discontinue
Change Resulting in an Increase to a rate
Moved from Another Tariff Location
N -New
Change Resulting in a Reduction to a rate
S -Matter Appearing Elsewhere or Repeated for Clarification
T -Change in Text But No Change to Rate or Charge
v -Signifies Vintage Tariff
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Idaho Public Utilities Commission
uTTlce or me ;)eCrelar!.
ACCEPTED FOR FILING
Original MAY 2 11999
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the
furnishing of intrastate data transmission services within the State of Idaho by DSLnet
Communications, LLC.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Iti"hn P"hli,. Iitiliti,,~ .
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
1.0 DEFINITIONS
For purposes of this tariff, the following definitions will apply.
ACCESS LINE - An arrangement that connects the Customer s location to the
Company s designated switching center or point of presence.
ADV ANCE PAYMENT - The payment required before the start of service.
AUTHORIZED USER - A person, corporation or other entity who is authorized by the
Company s customer to utilize service provided by the Company to the customer. The
,Customer is responsible for all charges incurred by an Authorized User.
COMMISSION - The Idaho Public Utilities Commission.
COMPANY - DSLnet Communications, LLC
CUSTOMER - The person, firm, corporation, or other entity which orders service
pursuant to this tariff and utilizes service provided under tariff by the Company. A
Customer is responsible for the payment of charges and for compliance with all terms of
the Company s Tariff.
CUSTOMER PREMISES EQUIPMENT ("CPE") - Equipment provided by the
Customer for use with the Company s services.
DIGITAL - A method of storing, processing and transmitting information through the use
of distinct electronic or optical pulses that represent the binary digits (bits) 0 and 1.
Digital transmission/switching technologies employ a sequence of discrete, individually
distinct pulses to represent information, as opposed to the continuously variable signal of
analog technologies.
DIGITAL SUBSCRIBER LINE (xDSL) - A technology that uses a metallic copper loop
to provide high speed data transmission services.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities n,
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC El9ise, Idaho
(Acceptance Stamp)
1.0 DEFINITIONS (cont'
INTERRUPTION - The inoperability of the subscriber line due to Company facilities
malfunction or human errors.
LATA - A Local Access and Transport Area established pursuant to the Modification of
Final Judgment entered by the United States District Court for the District of Columbia in
Civil Action No. 82-0192; or any other geographic area designated as a LATA in the
National Exchange Carrier Association TariffF.C:No 4.
LOOPS - Segments of a line which extend from the serving central office to the
originating and terminating point.
MOVE - The disconnection of existing equipment at one location and reconnection of the
same equipment at a new location in the same building or in a different building on the
same premIses.
RECURRING CHARGES - The monthly charges billed by the Company for service
facilities and equipment, which continue for the agreed upon duration for the services.
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 extended by the Customer s refusal to accept service which does not conform to
standards set forth in the Service Order or this tariff, in which case the Service
Commencement Date is the date of the Customer s acceptance. The Company and the
Customer may mutually agree to a substitute Service Commencement Date.
SERVICE ORDER - The written request for service executed by the Customer and the
Company in the format devised by the Company. The execution of a Service Order by
the customer and acceptance by the Company initiates the respective obligations of the
parties as set forth therein and pursuant to this tariff.
SHARED - A facility or equipment system or subsystem that can be used simultaneously
by several customers.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
IrI"hn P"hli,. IItilitia.. - .
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
1.0 DEFINITIONS (cont'
TERMINAL EQUIPMENT - The method of physical connection between a Company-
provided access line and a Customer s or User s transmission cable, inside wiring or
termInal equipment. The Customer is responsible for ordering a terminal interface that is
compatible with the Customer s or User s terminal equipment. All terminal interfaces
will be provided by industry-standard connectors as specified in or authorized by Subpart
F of Part 68, Title 47, Code of Federal Regulations.
USER - A Customer, Joint User or any other person authorized by the Customer to use
service provided under this tariff.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Itlsahn P"hlir IItiliti,,~
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
. -
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
..,
REGULATIONS
Undertakin of the Com
1.1 Scope
The Company undertakes to furnish communications service pursuant to
the terms of this tariff in connection with one-way and/or two-way data
transmission between points within the State of Idaho.
Customers and users may use services and facilities provided under this
tariff to obtain access to services offered by other service providers. The
Company is responsible under this tariff only for the services provided
hereunder, and it assumes no responsibility for any service provided by
any other entity that purchases access to the Company network in order to
originate or terminate its own services, or to communicate with its own
Customers.
1.2 Shorta e of E ment or Facilities
The furnishing of service under this tariff is subject to the
availability on a continuing basis of all the necessary facilities and
is limited to the capacity of the Company s facilities as well as
facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the
Company, in a non-discriminatory manner consistent with the
authority granted by the Commission.
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 because of lack of facilities, or due to
some other cause beyond the Company s control.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
, .
A" ...
' .,'
lUQ1TIT "UtI" u"..."",
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
. .
DSLnet Communications, LLC Boise. Idaho(Acceptance Stamp)
.. ;
REGULATIONS (cont'd)
Undertakin of the Com (cont' d)
1.3 Terms and Conditions
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Service is provided on the basis of a minimum period of at least
one (1) month, 24-hours per day. For the purpose of computing
charges in this tariff, a month is considered to have thirty (30)
days.
Customers may be required to enter into written Service Orders
which shall contain or reference a specific description of the
service ordered, the tariff or other approved rates to be charged, the
duration of the services, and the terms and conditions in this tariff.
Customers will also be required to execute any other documents as
may be reasonably requested by the Company.
Except as otherwise stated in the tariff, at the expiration of the
initial term specified in each Service Order, or in any extension
thereof, service shall continue on a month to month basis at the
then current rates unless terminated by either party upon thirty (30)
days written notice. Any termination shall not relieve the
Customer of its obligation to pay any charges incurred under the
Service Order and this tariff prior to termination. The rights and
obligations which by their nature extend beyond the termination of
the term of the service order shall survive such termination.
Service may be terminated with written notice to the Customer if:
the Customer is using the service in violation of this tariff;
the Customer is using the service in violation of the law.
Effective: May 6, 1999
PAGE:
Original
-" . .
IUilliU ~ UUII\. ULIIILI""
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho (Acceptance tamp
. ..
REGULATIONS (cont'd)
Undertakin of the Com (cont'
1.3 Terms and Conditions (cont'
This tariff shall be interpreted and governed by the laws of the
State of Idaho without regard for its choice of laws provision.
The Company hereby reserves its rights to establish service
packages specific to a particular Customer. These contracts mayor
may not be associated with volume and/or term discounts. All
such offerings shall be consistent with the rates and conditions
specified herein, or shall require approval of the Commission.
1.4 Limitations on Liabili
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
The Company shall not be liable for any delay or failure of
performance or equipment due to causes beyond its control
resulting from failures of power service, climate control, fire
explosion, water, storm, force majeure, or other catastrophe. The
company shall make reasonable provisions to minimize the effects
of service outages to the extent it owns the affected equipment.
Except as otherwise stated in this section, the liability of the
Company for damages arising out of either: (1) the furnishing of
its services, including but not limited to mistakes, omissions
interruptions, delays, or errors, or other defects, or use of these
services or (2) the failure to furnish its service, whether caused by
acts or omission, shall be limited to the extension of allowances to
the Customer for interruptions in service as set forth in Section 2.
Effective: May 6, 1999
PAGE:
Original
. .
loano rUDllc U""L"'~
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC BQi~ Idaho (A~eptance Stamp) .
, --...
REGULATIONS (cont'd)
Undertakin ofthe Com (cont'd)
1.4 Limitations on Liabili (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Except as specified in this tariff, Company and its contractors shall
not be liable to a Customer or third party for any direct, indirect
special, incidental, reliance, consequential, exemplary or punitive
damages of any kind or nature arising out of or in connection with
the installation, use, repair, performance or removal ofthe
equipment, or other services in connection with the performance or
failure to perform its obligations, including, but not limited to, loss
of revenue or profits, regardless of the foreseeability thereof for
any reason whatsoever, including, but not limited to, any act or
omission, failure to perform, delay, interruption, failure to provide
any service or any failure in or breakdown of facilities associated
with the service.
The liability of the Company for errors in billing that result in
overpayment by the Customer shall be limited to a credit equal to
the dollar amount erroneously billed or, in the event that payment
has been made and service has been discontinued, to a refund of
the amount erroneously billed.
The Company shall not be liable for and shall be indemnified and
saved harmless by the Customer from and against all loss, liability,
damage and expense, including reasonable counsel fees, due to:
Any act or omission of: (a) the Customer, (b) any other
entity furnishing service, equipment or facilities for use in
conjunction with services provided by the Company; or (c)
common carriers or warehousemen, except as contracted by
the Company;
Effective: May 6, 1999
PAGE:
Original
DSLnet Communications, LLC
I.oIA'-ft D..l.l:ft 1I.:I:~:Aft
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
. .
Boise, Idaho(Acceptance Stamp)
. ~ -, .
REGULATIONS (cont'd)
Undertakin of the Com (cont' d)
1.4 Limitations on Liabili (cont' d)
E. (cont'
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Any delay or failure of performance or equipment due to
causes beyond the Company s control, including but not
limited to, acts of God, fires, floods, earthquakes
hurricanes, or other catastrophes; national emergencIes
insurrections, riots, wars or other civil commotions; strikes
lockouts, work stoppages or other labor difficulties;
criminal actions taken against the Company; unavailability,
failure or malfunction of equipment or facilities provided
by the Customer or third parties; and any law, order
regulation or other action of any governing authority or
agency thereof;
Any unlawful or unauthorized use ofthe Company
servIces;
Libel, slander, invasion of privacy or infringement of
patents, trade secrets, or copyrights arising from or in
connection with the material transmitted by means of
Company-provided services; or by means ofthe
combination of Company-provided services;
Defacement of or damage to Customer premises resulting
from the furnishing of services or equipment on such
premises by the Company or any Carrier or the installation
or removal thereof;
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities CommissionAn' ',",
ACCEPTEO"FORVi="LING
MAY 2 11999
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
Undertakin of the Com (cont'
1.4 Limitations on Liabili (cont' d)
E. (cont'
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
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 of, or caused by, any act or omission of
the Customer, or the construction, installation
maintenance, presence, use or removal of the Customer
facilities or equipment connected, or to be connected to the
facilities of any Carrier;
Failure of Customer to comply with the requirements of
Section 2.
Any noncompletion of calls due to network busy
conditions;
And any other claim resulting from any act or omission of
the Customer or patron(s) ofthe Customer relating to the
use ofthe Company s services.
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities Commission
f\U:A A' 'loA
ACCEPTED FOR FILING
MAY 2 11999
':i
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
Undertakin of the Com (cont' d)
1.4 Limitations on Liabili (cont'
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
The Company does not guarantee nor make any warranty with
respect to installations provided by it for use in an explosive
atmosphere.
THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
Failure by the Company to assert its rights pursuant to one
provision of this tariff does not preclude the Company from
asserting its rights under other provisions.
Company shall not be liable to Customer or any other person, firm
or entity for any failure of performance hereunder if such failure is
due to any cause or causes beyond the reasonable control of
Company. Such causes shall include, without limitation, acts of
God, fire, explosion, vandalism, cable cut, storm or other similar
occurrences, any law, order, regulation, direction, action or request
of the United States government or of any other government
(including state and local governments or of any department
agency, board, court, bureau, corporation or other instrumentality
of anyone or more of said governments) or of any civil or military
authority, national emergencies, insurrections, riots, wars, strikes
lockouts or work stoppages or other labor difficulties, supplier
failures, shortages, breaches or delays.
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC (Acc~"6;tamp )
REGULATIONS (cont'd)
Undertakin of the Com (cont' d)
1.4 Limitations on Liabili (cont' d)
I. (cont' d)
If Company s failure of performance by reason of force majeure
specified above shall be for thirty (30) days or less, then the service
shall remain in effect, but an appropriate percentage of charges
shall be abated and/or credited in the discretion and determination
of Company; if for more than thirty (30) days, then the service may
be canceled by either party without any 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 a law. Acceptance for
filing by the Commission recognizes that it is a court'
responsibility to adjudicate negligence and consequential damage
claims. It is also the court s responsibility to determine the validity
of the exculpatory clause.
1.5 Notification of Service-Affectin Activities
The Company will provide the Customer reasonable notification of
service-affecting activities that may occur in normal operation of its business.
Such activities may include, but are not limited to, equipment or facilities
additions, removals or rearrangements and routine preventative maintenance.
Generally, such activities are not specific to an individual Customer but may
affect many Customers' services. No specific advance notification period is
applicable to all service activities. The Company will work cooperatively with
the Customer to determine the reasonable notification requirements. With some
emergency or unplanned service-affecting conditions, such as an outage resulting
from cable damage, notification to the Customer may not be possible.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
. .. . .
IminO ruulI\; UlIlIlIt::i
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho(Acceptance Stamp)
REGULATIONS (cont'd)
Undertakin of the Com (cont' d)
1.6 Non-Routine Installation (cont'd)
In 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, weekends, holidays, and/or night hours, additional charges may
apply.
1.7 Availabili of Services
The Company shall use reasonable efforts to make available
services to a Customer on or before a particular date, subject to the
provisions of and compliance by the Customer with the regulatiOns
contained in the tariffs of the Company.
The Company and Customer shall negotiate a mutually agreed to
installation date based on availability of services and facilities and
the Customer s requested date.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
. .
Original
Idaho PUbliC UIIII1Ie5
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
t91't ~~ap8nce Stamp):DSLnet Communications, LLC
REGULATIONS (cont'd)
Prohibited Uses
The services the Company offers 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.
The Company may require applicants for service who intend to use the
Company s offerings for resale and/or for shared use to file a letter with
the Company confirming that their use of the Company s offerings
complies with relevant laws and the Idaho Commission s regulations
policies, orders, and decisions.
The Company may block any signals being transmitted over its Network
by Customers which cause interference to the Company or other Users.
Customer shall be relieved of all obligations to make payments for charges
relating 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, the service or any rights associated with the service without
the written consent of the Company. The Company will permit a
Customer to transfer its existing service to another entity at the same
location if the existing Customer has paid all charges owed to the
Company. Such a transfer will be treated as a disconnection of existing
service and installation of new service, and non-recurring installation
charges as stated in this tariff will apply.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
10800 rUDIII,; UIIIllIe:s
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC ,RoO Id 110(it'c~ptlnce Stamp)
REGULATIONS (cont'd)
Obli ations of the Customer
General
The Customer shall be responsible for:
the payment of all applicable charges pursuant to this tariff;
providing the personnel, power and space required to operate all
facilities and associated equipment installed on the premises of the
Customer;
providing Company personnel access to premises of the Customer
at any reasonable hour for the purpose of testing the facilities or
equipment of the Company.
Liabili of the Customer
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
The Customer shall not assert any claim against any other
Customer or User of the Company s services for damages resulting
in whole or in part from or arising in connection with the
furnishing of service under this tariff including but not limited to
mistakes, omissions, interruptions, delays, errors or other defects
or misrepresentations, whether or not such other Customer or User
contributed in any way to the occurrence ofthe 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 tariff is intended either
to limit or to expand Customer s right to assert any claims against
third parties for damages of any nature other than those described
in the preceding sentence.
Effective: May 6, 1999
PAGE:
Original
.. -.... .. .
",UIIU , UUII" ULlIIlIl;;)
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho(Acceptance Stamp)
REGULATIONS (cont'd)
Obli ations of the Customer (cont'
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
The Customer shall be liable for damages to the facilities of the
Company and for all incidental and consequential damages caused
by the negligent or intentional acts or omissions of the Customer
its officers, employees, agents, invitees or contractors where such
acts or omissions are not the direct result of the Company
negligence or intentional misconduct.
To the extent caused by any negligent or intentional act of the
Customer, the Customer shall indemnify, defend and hold harmless
the Company from and against all claims, actions, damages
liabilities, costs and expenses for (1) any loss, destruction or
damage to property of any third party, and (2) any liability incurred
by the Company to any third party pursuant to this or any other
tariff of the Company, or otherwise, for the interruption of
interference to, or other defect in any service provided by the
Company to such third party.
Effective: May 6, 1999
PAGE:
.. ....... .
Original
IUilliU 'UUIII. UlIIIlI""
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 1 1999
DSLnet Communications, LLC Boise, Idaho(Acceptance Stamp)
2.4
REGULATIONS (cont'd)
Customer De osits and Advance Pa ments
2.4.Advance Pa ments
To safeguard its interests, the Company may require a Business Customer
to make an advance payment before services are furnished, where special
construction is involved. The advance payment will not exceed an amount
equal to the nonrecurring charge(s) and one (1) month's charges for the
service or facilities. In addition, the advance payment may also include an
amount equal to the estimated non-recurring charges for the special
construction and recurring charges (if any) for a period to be set between
the Company and the Customer. The advance payment will be credited to
the Customer s initial bill. Advance payments do not accrue interest. An
advance payment may be required in addition to a deposit.
2.4.2 De osits
To safeguard its interests, the Company may require the Customer
to make a deposit to be held as a guarantee for the payment of
charges. A deposit may be required if the Customer s financial
condition is not acceptable to the Company or cannot be
ascertained from generally accepted credit reporting sources.
deposit does not relieve the Customer of the responsibility for the
prompt payment of bills on presentation. The deposit will not
exceed an amount equal to two (2) month's charges for tariffed
services or; two (2) month's charges for a service or facility which
has a minimum payment period of one month.
In the event the deposit as computed under Section 2.4.2.A above
exceeds $75.00 per access line, the Customer shall pay one half of
the deposit prior to the provision of service, with the remainder of
the deposit due thirty (30) days after provision of the service.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
J. n. ,L' ""
.~~,,~ ~~,,~ ~"""~"
Oftrce of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
. .
DSLnet Communications, LLC Bo,ise, Idaho(Acceptance Stamp)
REGULATIONS (cont'd)
2.4 Customer De osits and Advance Pa ments (cont' d)
2.4.2 De osits (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
A deposit may be required in addition to an advance payment.
The Company shall review accounts of Customers with deposits
and shall refund deposits with interest if the accounts have been
current for the preceding (12) twelve months.
Upon discontinuance of service, the Company shall automatically
refund the Customer s deposit plus accrued interest, or the balance
if any, in excess of the unpaid bills including any penalties
assessed for service furnished by the Company.
Deposits will accrue interest at the rate mandated by the
Commission. The current interest rate is 5% annually.
Effective: May 6, 1999
I~..hft D..h':ft ...:0:.:-- -
. .
PAGE:
Original
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho(Acceptance Stamp)
-, .
REGULATIONS (cont'd)
ment Arran ements
ment for Service
Customer shall pay Company, monthly in advance, a monthly charge
equal to the rate set forth in the Service Description or equal to the
monthly charge as adjusted under the terms hereof, provided, however
that the first such payment shall be for the period from the Service
Commencement Date through the end ofthe next full month. The non-
recurring installation charges are due with such first payment. The
Customer IS responsible for the payment of all charges for services
furnished by the Company to the Customer. Billing for service will
commence on the Service Commencement Date. Customer must notify
company of any errors or discrepancies in the billing statement within
thirty (30) days of the date the billing statement was mailed to the
Customer. The Customer will be obligated to pay all charges shown on
the billing statement if the Customer fails to provide such notice.
Taxes. The Customer is responsible for the payment of federal excise
taxes, state and local sales and use, excise or privilege taxes and similar
taxes imposed by govemmentaljurisdictions, all of which shall be
separately designated on the Company s invoices. Any taxes imposed by
a local jurisdiction (e., county and municipal) will only be recovered
from those Customers residing in the affected jurisdictions.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
ulIlI;e Or we :secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
ment Arran ements
Billin and Collection of Char
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Non-recurrin Char es. The non-recurring charges contained in
the Service Description are due with the Customer s first payment
for charges, which payment shall be for the period from the start of
service through the end ofthe next full month. Non-recurring
charges not included with installation charges billed to the
Customer shall be due and payable within thirty (30) days after the
date the invoice is mailed to the Customer by the Company.
Customer shall be responsible for paying all ofthe Company
charges for time and material resulting from diagnosing problems
which were caused by Customer s equipment.
Recurrin Char es: The Company shall present invoices for
recurring charges monthly to the Customer, in advance of the
month in which service is provided, and recurring charges shall be
due and payable within thirty (30) days after the date the InVOICe is
mailed to the Customer by the Company.
When service does not begin on the first day of the month, or end
on the last day of the month, the charge for the fraction of the
month in which service was furnished will be calculated on a pro
rata basis. For this purpose, every month is considered to have
thirty (30) days.
Billing of the Customer by the Company will begin on the Service
Commencement Date and accrues through and includes the day
that the service, circuit, arrangement or component is discontinued.
Effective: May 6, 1999
Vice President
PAGE:
Original
Idaho Public Utilities CommisSIon
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
ment Arran ements (cont'd)
Billin and Collection of Char es (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
If any portion of the payment is received by the Company after the
date due, or if any portion of the payment is received by the
Company in funds which are not immediately available upon
presentment, then a late payment penalty shall be due to the
Company. A late payment charge in the amount of the lesser of
Yz% of the unpaid balance per month or the maximum lawful rate
per month, for bills not paid within thirty (30) days of mailing of
the invoice, is not applicable to subsequent rebilling of any amount
to which a late payment charge has already been applied. Late
payment charges will be applied without discrImination.
Customer s liability for charges hereunder shall not be reduced by
untimely installation or non-operation of the Customer s or a third
party's facilities and equipment.
Effective: May 6, 1999
PAGE:
Original
I.lfth" P"hlir IItilitip.s Commission
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
ment Arran ements (cont' d)
Billin and Collection of Char es (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
The Customer should notify the Company of any disputed items on
an invoice within thirty (30) days of mailing ofthe invoice. Ifthe
Customer and the Company are unable to resolve the dispute to
their mutual satisfaction, the Customer may file a complaint with
the Idaho Public Utilities Commission in accordance with the
Commission s rules of procedure. The Company shall advise the
Customer that the Customer may make a formal or informal
complaint to the Commission. The address of the Commission is
as follows:
Idaho Public Utilities Commission
State House
472 W. Washington Street
Boise, Idaho 83702
[phone]
If service is disconnected by the Company and later re-installed
fe-installation of service will be subject to all applicable
installation charges. If service is suspended by the Company and
later restored, restoration of service will be subject to the rates in
Section 5.
Effective: May 6, 1999
Vice President
PAGE:
Original
.,. ,, ,
IUijllll ruulIl; UlIlIlI'"
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Baise, Idaho(Acceptance Stamp)
REGULATIONS (cont
ment Arran ements (cont' d)
Discontinuance of Service for Cause
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Upon nonpayment of any amounts owing to the Company, the
Company may, by giving requisite prior written notice to and
attempted telephonic and/or personal contact with the Customer
discontinue or suspend service without incurring any liability.
Service may be reinstated at such time as Customer pays in full all
arrearages, including late payment charges.
Upon violation of any of the other material terms or conditions of
this tariff the Company may, thirty (30) days after giving notice to
the Customer discontinue or suspend service without incurring any
liability if such violation continues during that period. The
Company reserves the option to disconnect service as soon as eight
(8) days after the date that the notice of discontinuance or
suspension of service was mailed to the customer.
Upon the Customer s insolvency, assignment for the benefit of
creditors, filing for bankruptcy or reorganization, or failing to
discharge an involuntary petition within the time permitted by law
the Company may, by notice to the Customer, immediately
discontinue or suspend service without incurring any liability.
The Company will comply with all Federal bankruptcy laws.
Upon any governmental prohibition or governmental required
alteration of the services to be provided or any violation of an
applicable law or regulation, the Company may immediately
discontinue service without incurring any liability.
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities CommissionA'"
ACCEPTED FOR FILING
MAY 2 11999
Boise, Idaho
(Acceptance Stamp)DSLnet Communications, LLC
REGULATIONS (co nt' d)
ment Arran ements (cont' d)
Discontinuance of Service for Cause (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
When the Company has cause to totally disconnect or has totally
disconnected a residential service, it shall postpone disconnection
of local service after receiving either verbal or written notification
of the existence of a medical emergency for a grace period of five
(5) business days.
In the event of fraudulent use of the Company s network, the
Company may without notice suspend or discontinue service. The
Customer will be liable for all related costs. The Customer will
also be responsible for payment of any reconnection charges.
Upon the Company s discontinuance of service to the Customer
under Section 2.A or 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 which would have been payable
by the Customer during the remainder of the term for which such
services would have otherwise been provided to the Customer to
be immediately due and payable (discounted to present value at six
percent).
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities Commission......
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC
Boise. Idaho
(Acceptance Stamp)
REGULATIONS (cont'
ment Arran ements (cont' d)
5.4 Notice to Com for Cancellation of Service
Customers desiring to terminate service shall provide the Company thirty
(30) days written notice of desire to terminate service.
Cancellation of A lication for Service
Where the Company permits the Customer to cancel an application
for service prior to the Service Commencement Date or prIor to
any special construction, no charges will be imposed except for
those specified below.
Where, prior to cancellation by the Customer, the Company incurs
any expenses in installing the service or in preparing to install the
service that it otherwise would not have incurred, a charge equal to
the costs the Company incurred, less net salvage, shall apply, but
in no case shall this charge exceed the sum of the charge for the
minimum period of service ordered, including installation charges
and all charges others levied against the Company that would have
been chargeable to the Customer had service begun.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
Office of the Secretary
Al,.;l,;1:1"" II:U r-UK r-I L""t..::
MAY 2 11999
Boise. Idaho
DSLnet Communications, LLC (Acceptance Stamp)
REGULATIONS (cont'd)
ment Arran ements (cont' d)
Cancellation of A lication for Service (cont'
Where the Company incurs any expense in connection with special
construction, or where special arrangements of facilities or
equipment have begun before the Company receives a cancellation
notice, a charge equal to the costs incurred, less net salvage, may
apply. In such cases, the charge will be based on such elements as
the cost ofthe equipment, facilities, and material, the cost of
installation, engineering, labor, and supervision, general and
administrative expense, other disbursements, depreciation
maintenance, taxes, provision for return on investment, and any
other costs associated with the special construction or
arrangements.
The special charges described in 2.A through 2.C will be
calculated and applied on a case-by-case basis.
Chan es in Service Re uested
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
If the Customer makes or requests material changes in circuit engineering,
equipment specifications, service parameters, premises locations, or
otherwise materially modifies any provision of the application for service
the Customer s installation fee shall be adjusted accordingly.
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities Commission
nffi,.o nf th"
ACCEPTED FOR FILING
HAY 2 11999
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
ment Arran ements (cont' d)
Bad Check Char
A charge of$25.00 will be assessed for any check returned by drawee
bank or other financial institution for: Insufficient or uncollected funds
closed account, apparent tampering, missIng signature or endorsement, or
any other insufficiency or discrepancy necessitating return of the
instrument at the discretion of the drawee bank or other financial
institution.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
UTTIce 01 lilt:
ACCEPTED FOR FILING
MAY 2 1 1999
DSLnet Communications, LLC
Boise. Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
Allowances for Interru tions in Service
General
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
A credit allowance will be given when service is interrupted
except as specified in Section 2.6.2 following. A service is
interrupted when it becomes inoperative to the Customer, e., the
Customer is unable to transmit or receive, because of a failure of a
component furnished by the Company under this tariff.
An interruption period begins when the Customer reports a service
facility or circuit to be inoperative and, if necessary, releases it for
testing and repair. An interruption period ends when the service
facility or circuit is operative.
If the Customer reports a service, facility or circuit to be
interrupted but declines to release it for testing and repair, or
refuses access to its premises for testing and repair by the
Company, the service, facility or circuit is considered to be
impaired but not interrupted. No credit allowances will be made
for a service, facility or circuit considered by the Company to be
impaIred.
Effective: May 6, 1999
PAGE:
Original
Idaho Public Utilities Commission
nffil'l! nf the Secretary
ACCEPTED FOR FILINu
MAY 2 11999
DSLnet Communications, LLC
Boise. Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
Allowances for Interru tion in Service (cont'
General (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
The Customer shall be responsible for the payment of service
charges for visits by the Company s agents or employees to the
premises of the Customer when the service difficulty or trouble
report results from the use of equipment or facilities provided by
any party other than the Company, including but not limited to the
Customer.
A credit allowance will be given for interruptions ofthirty (30)
minutes or more. Two or more interruptions of fifteen (15)
minutes or more during anyone 24-hour period shall be combined
into one cumulative interruption. For calculating credit
allowances, every month is considered to have thirty (30) days.
Interru tions of 24 Hours or Less
Len h of Interruption
Interru tion Period
To Be Credited
30 minutes to 3 hours
3 hours up to but not including 6 hours
6 hours up to but not including 8 hours
8 hours to 24 hours
1/1 0 Day
1/4 Day
3/4 Day
One Day
Effective: May 6, 1999
PAGE:
Original
I"~"A D.."I;~ l1~m~:.,. ,
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho(Acceptance Stamp)
REGULATIONS (cont'd)
Allowances for Interru tion in Service (cont'
General (cont' d)
Over 24 Hours and Less Than 72 Hours.
Interruptions over 24 hours and less than72hours will be credited
one day for each 24-hour period or fraction thereof. No more than
one full day s credit will be allowed for any period of24 hours.
Interru tions Over 72 Hours.
Interruptions over 72 hours will be credited two (2) days for each
full 24-hour period. No more than thirty (30) days credit will be
allowed for anyone month period.
Limitations of Allowances
No credit allowance will be made for any interruption in service:
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Due to the negligence of or noncompliance with the provisions of
this tariff by any person or entity other than the Company,
including but not limited to the Customer;
Due to the failure of power, equipment, systems, connections or
services not provided by the Company;
Due to circumstances or causes beyond the reasonable control of
the Company;
During any period in which the Company is not given full and free
access to its facilities and equipment for the purposes of
investigating and correcting interruptions;
Effective: May 6, 1999
PAGE:
Original
Irl"hn P"hlil' IItiliti,,~
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
, ,
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
REGULATIONS (cont'd)
Allowances for Interru tion in Service (cont'
Limitations of Allowances (cont' d)
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
A service will not be deemed to be interrupted if a Customer
continues to voluntarily make use of such service. If the service is
interrupted, the Customer can get a service credit, use another
means of communications provided by the Company, or utilize
another service provider;
During any 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;
That occurs or continues due to the Customer s failure to authorize
replacement of any element of special construction; and
That was not reported to the Company within thirty (30) days of
the date that service was affected.
Effective: May 6, 1999
PAGE:
Original
., n.L ,- 11.:0:':."
IUDUV
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 1 1999
DSLnet Communications, LLC Boise, Idaho(Acceptance Stamp)
REGULATIONS (cont'
Allowances for Interru tion in Service (cont'
Use of Another Means of Communications
If the Customer elects to use another means of communications during the
period of interruption, the Customer must pay the charges for the
alternative service used.
4 A lication of Credits for Interru tions in Service
Credits for interruptions in service that is provided and billed on a flat rate
basis for a minimum period of at least one (1) month, beginning on the
date that billing becomes effective, shall in no event exceed an amount
equivalent to the proportionate charge to the Customer for the period of
service during which the event that gave rise to the claim for a credit
occurred. A credit allowance is applied on a pro rata basis against the
rates specified hereunder and is dependent upon the length of the
interruption. Only those facilities on the interrupted portion of the circuit
will receive a credit.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
militi"c:: Commission
lOanu
Otti~~-of the secretar~UNG
ACCEPTED FOR F\
MAY 211999
DSLnet Communications, LLC 6oi~1 \dano
(Acceptance Stamp).
REGULATIONS (cont'd'
Cancellation of Service/Termination Liabili
If a Customer cancels a Service Order or terminates services before the
completion of the term for any reason or breaches the terms in the service
contract, Customer may be requested by the Company to pay to Company
termination liability charges, which are defined below. These charges shall
become due and owing as of the effective date of the cancellation or termination.
Termination Liabili
Customer s termination liability for cancellation of service shall be equal
to:
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
All unpaid non-recurring charges reasonably expended by the
Company to establish service to the Customer, including any
installation charges which may have been waived by the Company,
provided Customer has been notified of the amount of the waived
charges and of Customer s liability therefore on cancellation, plus;
Any disconnection, early cancellation or termination charges
reasonably incurred and paid to third parties by Company on
behalf of Customer, plus;
The difference between the total actual monthly recurring charges
to Customer for the Service during the entire time the Service was
provided to Customer and the total monthly recurring charges
which Customer would have paid or which Customer would have
been required to pay if the Service had been based on a month to
month term using the Company s most recent tariff prices at the
time of cancellation.
Effective: May 6, 1999
Vice President
PAGE:
Original
. ""
:':ft~
lOano Off\~~"
fihe Secretary
ACCEPTED FOR FILIN
MAY 2 11999
DSLnet Communications, LLC Boise, \dabO(Acceptance Stamp)
REGULATIONS (cont'd'
Cancellation of Service/Termination Liabili
Termination Liabili (cont' d)
Either party shall have the right to cancel services without liability
if Company is prohibited from furnishing the Service or if any
material rate or term contained herein is substantially changed by
order of the Idaho Commission, the Federal Communications
Commission, or highest court of competent jurisdiction to which
the matter is appealed, or other local, state or federal government
authority.
Customer Liabili for Unauthorized Use ofthe Network
Unauthorized use of the network occurs when a person or entity that does not
have actual, apparent, or implied authority to use the network, obtains the
Company s services provided under this tariff.
Customer Liabili for Fraud and Unauthorized Use ofthe Network
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Except as provided elsewhere in this tariff, the Customer is
responsible for payment of all charges for services provided under
this tariff furnished to the Customer or User. This responsibility is
not changed due to any use, misuse, or abuse of the Customer
service or Customer-provided equipment by Users or other third
parties, the Customer s employees or the public.
The Customer is liable for all costs incurred as a result of
unauthorized use of the Network, including service charges and
any direct, indirect, special, incidental, reliance, consequential
exemplary or punitive charges.
Effective: May 6, 1999
~ .
L' I':' :ft.
, .
PAGE:
Original
IUQIIU uu"u-
Office of the Secretary
ACCEPTED F~R FILING
MAY 2 11999
DSLnet Communications, LLC Bo;se,ldaho(Acceptance Stamp)
REGULATIONS (cont'd)
Customer Liabili for Unauthorized Use of the Network (cont'd)
Customer Liabili for Fraud and Unauthorized Use of the Network
(cont
The Customer is responsible for payment of any charges related to
the suspension and/or termination of service, and any charges for
reconnection of service, incurred as a result of unauthorized use of
the Network.
The following activities constitute fraudulent use:
U sing the network to transmit a message, locate a person
or otherwise give or obtain information, without payment
for the service;
Using or attempting to use the Network with the intent to
avoid payment, either in whole or in part, of any of the
Company s tariffed charges by either rearranging,
tampering with, or making connections not authorized by
this tariff to any service components used to furnish the
Company s services or using fraudulent means or devices
tricks, schemes or false or invalid numbers, false credit
devices or electronic devices.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public utilities (;(JmmlSSIOn
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC (A-'J~~ Stamp)
REGULATIONS (cont'
Use of Customer s Service b Others
Resale and Sharin
Any service provided under this tariff may be resold to or shared with
other persons at the option of Customer, subject to compliance with any
applicable laws or Commission regulations governing such resale or
sharing. The Customer remains solely responsible for all use of services
ordered by it or billed to its telephone number(s) pursuant to this tariff, for
determining who is authorized to use its services, and for notifying the
Company of any unauthorized use.
Joint Use Arran ements
Joint use arrangements will be permitted for all services provided under
this tariff. From each joint use arrangement, one member will be
designated as the Customer responsible for the manner in which the joint
use of the service will be allocated. The Company will accept orders to
start, rearrange, relocate, or discontinue service only from the Customer.
Without affecting the Customer s ultimate responsibility for payment of
all charges for the service, each joint User shall be responsible for the
payment of the charges billed to it.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
I. D..I.I:~ Ilfilifi". .ouu..u
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho(Acceptance Stamp)
REGULATIONS (cont'd.
Transfers and Assi nments
Neither the Company nor the Customer may assign or transfer its rights or duties
in connection with the services and facilities provided by the Company without
the written consent of the other party, except that the Company may assign its
rights and duties (a) to any subsidiary, parent company or affiliate of the
Company, (b) pursuant to any sale or transfer of substantially all the assets of the
Company; or (c) pursuant to any financing, merger or reorganization of the
Company.
Notices and Communications
The Customer shall designate on the Service Order an address to which the
Company shall mail or deliver all notices and other communications
except that Customer may also designate a separate address to which the
Company s bills for service shall be mailed.
The Company shall designate on the Service Order an address to which the
Customer shall mail or deliver all notices and other communications
except that Company may designate a separate address on each bill for
service to which the Customer shall mail payment on that bill. Customers
may also reach Carrier through its toll free telephone number
800- 455-5546.
Except as otherwise stated in this tariff, all notices or other
communications required to be given pursuant to this tariff will be in
writing. Notices and other communications of either party, and all bills
mailed by the Company, shall be presumed to have been delivered to the
other party on the third business day following placement of the notice
commumcation or bill with the U.S. Mail or a private delivery service
prepaid and properly addressed, or when actually received or refused by
the addressee, whichever occurs first.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 1 1999
DSLnet Communications, LLC Boise. Idaho
(Acceptance Stamp)
REGULATIONS (cont'
Notices and Communications (cont'd)
The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following
the procedures for giving notice set forth herein.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
uHlce Of we ::.ecrerary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho
(Acceptance Stamp)
0 SERVICE DESCRIPTION
Company offers xDSL services to provide high-speed data connections. Services
may be offered by the Company via its own facilities and/or the facilities of other
carrIers.
Services are subject to service order and service change charges where the Customer
requests new services or changes in existing services, as well as indicated Non-
Recurring and Monthly Recurring Charges.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities ~
uHlce ot the SecretaryACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
RATE SCHEDULE
All rates set forth in this Section are subject to change and may be changed by the
Company pursuant to notice requirements established by the Commission.
xDSL DataLoo
Monthly Recurring Charges:$85.
Non-Recurring Installation Charge:$200.
Issued: April 26, 1999
Issued by:
Title:
Effective: May 6, 1999
Alan Bolduc
Vice President
PAGE:
Original
Itlshn Puhlil' IItiliti.." - .
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
MISCELLANEOUS SERVICES
Restoration of Service
1.1 Descri tion
A restoration charge applies to the restoration of suspended service 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 later re-installed.
Rates
(RESERVED FOR FUTURE USE)
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise, Idaho
(Acceptance Stamp)
SPECIAL ARRANGEMENTS
ecial Construction
1.1 Basis for Char
Where the Company furnishes a facility or service for which a rate or
charge is not specified in the Company s tariffs, charges will be based on
the costs incurred by the Company and may include: (1) non-recurring
type charges; (2) recurring type charges; (3) termination liabilities; or (4)
combinations thereof.
1.2 Basis for Cost Com utation
The costs referred to in 6.1 preceding may include one or more of the
following items to the extent they are applicable:
A. cost installed of the facilities to be provided including estimated costs
for the rearrangements of existing facilities. Cost installed includes:
equipment and materials provided or used
engineerIng, labor and supervision
transportation, and
rights of way;
B. cost of maintenance;
C. depreciation on the estimated cost installed of any facilities provided
based on the anticipated useful service life ofthe facilities with an
appropriate allowance for the estimated net salvage;
D. administration, taxes and uncollectible revenue on the basis of
reasonable average costs for these items;
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
tdaho Public Utilities Commission
VIII"t: UI Ult:
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC
Boise. Idaho
(Acceptance Stamp)
SPECIAL ARRANGEMENTS (cont' d)
ecial Construction (cont' d)
E. license preparation, processing and related fees;
F. tariff preparation, processing and related fees;
G. any other identifiable costs related to the facilities provided; and
H. an amount for return and contingencies.
Termination Liabili
To the extent that there is no other requirement for use by the Company, a
termination liability may apply for facilities specially constructed at the
request of the customer.
A. The termination liability period is the estimated service life of the
facilities provided.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
Idaho Public Utilities Commissionnw " 1L
PAGE:
Original
ouu VO ."...
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC
Boise, Idaho
(Acceptance Stamp)
SPECIAL ARRANGEMENTS (cont' d)
Termination Liabili (cont'd)
B. The amount of the maximum termination liability is equal to the
estimated amounts for:
Cost installed of the facilities provided including estimated
costs for rearrangements of existing facilities and/or
construction of new facilities as appropriate, less net salvage.
Cost installed includes the cost of:
a. equipment and materials provided or usedb. engineering, labor and supervision
c. transportation, and
d. rights of way;
license preparation, processing, and related fees;
tariff preparation, processing, and related fees;
cost of removal and restoration, where appropriate; and
any other identifiable costs related to the specially constructed
or rearranged facilities.
Issued: April 26, 1999 Effective: May 6, 1999
Issued by:
Title:
Alan Bolduc
Vice President
PAGE:
Original
-'_
L n.c'
..,
IUOIIU UUII\. ULlIILI\::'
Office of the Secretary
ACCEPTED FOR FILING
MAY 2 11999
DSLnet Communications, LLC Boise. Idaho(Acceptance 'Stamp)
SPECIAL ARRANGEMENTS (cont'd)
1.3 Termination Liabili (cont' d)
C. The applicable termination liability method for calculating the unpaid
balance of a term obligation. The amount of such charge is obtained
by multiplying the sum of the amounts determined by a factor related
to the unexpired period of liability and the discount rate for return and
contingencies. The amount shall be adjusted to reflect the
predetermined estimate net salvage, including any reuse ofthe
facilities provided. This product is adjusted to reflect applicable taxes.
Individual Case Basis Arran ements
Arrangements will be developed on a case-by-case basis in response to a bona fide
special request from a Customer or prospective Customer to develop a bid for a
service not generally available under this tariff. ICB rates will be offered to the
Customer in writing and on a non-discriminatory basis.
ecial Promotions
The Company may from time to time engage in special promotional trial service
offerings of limited duration designed to attract new Customers or to increase
Customer awareness of a particular tariff offering. Promotional offerings will be
included in Section 7 ofthe Company s tariff. All promotions are offered on a
non-discriminatory basis.
Issued: April 26, 1999
Issued by:
Title:
Effective: May 6, 1999
Alan Bolduc
Vice President
PAGE:
Original
DSLnet Communications, LLC
278194,
Idaho Public Utilities Commission"H' ..
ACCE PTEO"FOJfF'iL I NG
MAY 211999
Boise, Idaho
(Acceptance Stamp)
PROMOTIONAL OFFERINGS
Issued: April 26, 1999
Issued by:
Title:
Alan Bolduc
Vice President
(RESERVED FOR FUTURE USE)
Effective: May 6, 1999