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HomeMy WebLinkAboutECI Communications Inc.pdfECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page I Issued: January 18, 2002 Effective: January 28, 2002 PRICE LIST APPLICABLE TO INTEREXCHANGE SERVICES WITHIN THE STATE OF IDAHO PROVIDED BY ECI COMMUNICATIONS, INC. d/b/a ITS Network Services, Inc. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 zaoz Boise. Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 2 Issued: January 18, 2002 Effective: January 28, 2002 CHECK PAGE All of the pages of this Price List are effective as of the date shown at the top of the page. Original and revised pages as named below comprise all changes from the original Price List. PAGE REVISION Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 200Z Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 3 Issued: January 18 2002 Effective: January 28 2002 CHECK PAGE (continued) PAGE REVISION Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 4 Issued: January 18, 2002 Effective: January 28 , 2002 CHECK PAGE (continued) PAGE REVISION Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Original Page Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 5 Issued: January 18 , 2002 Effective: January 28 , 2002 TABLE OF CONTENTS Page No. TitlePage ..................................................... Check Page ................................................... Table of Contents....................................... ......... Concurring, Connecting, or Other Participating Carriers . . . . . . . . . . . . . . . . . . . . .. Symbols ...................................................... 6 Price List Format ................................................ Section 1 - Technical Terms and Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . .. Section2-RulesandRegulations.................................... Section3-DescriptionofServices ................................... Section4-RatesandCharges ...................................... Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 6 Issued: January 18, 2002 Effective: January 28, 2002 CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS None SYMBOLS The following are the only symbols used for the purposes indicated below: Delete Or Discontinue Change Resulting In An Increase To A Customer s Bill Moved To Or From Another Price List Location New Change Resulting In A Reduction To A Customer s Bill Change In Text Or Regulation But No Change In Rate Or Charge Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise. Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 7 Issued: January 18 , 2002 Effective: January 28 , 2002 PRICE LIST 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 Price List. 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 six levels of paragraph coding. Each level of coding is subservient to its next higher level: 1.1 1.1 (A) 1.1 (A). 1 1.1 (A). La 1 (A).a.i Check Pages - When a Price List filing is made with the Commission, an updated check page accompanies the Price List filing. The check page lists the pages contained in the Price List with a cross-reference to the current revision number. When new pages are added, the check page is changed to reflect the revision. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise. Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 8 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Authorized User: A person, firm or corporation, who is authorized by the Customer/Subscriber to utilize the services of the Customer/Subscriber. Business Customer: A Business Customer is a Customer who subscribes to the Company service(s) in the name of business, trade, or profession and/or primarily uses the service for business purposes. Company: Company refers to ECI Communications, Inc. d/b/a ITS Network Services, Inc. Commission: Commission refers to the Idaho Public Utilities Commission or any succeeding agency. Customer: The Customer is a person or legal entity which uses or subscribes to the Company services and thereby assumes responsibility for the payment of charges and compliance with the Company s Price List regulations. DUC: DUC stands for any Designated Underlying Carrier used by the Company. End User: End User is the person or legal entity which uses the service provided by the Company. Initial and Additional Period: The Initial Period denotes the interval of time allowed at the rate specified for a connection between given service points. The Additional Period denotes the interval of time used for measuring and charging time in excess of the Initial Period. LEC: LEC stands for Local Exchange Carrier. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Idaho P.u.e. No. Original Page 9 MRC: Monthly Recurring Charge State: "State" refers to the State of Idaho. Subscriber: The Subscriber is a person or legal entity which subscribes to or dials the Company s services and thereby assumes responsibility for the payment of charges and compliance with the Company s Price List regulations. Switched Access: A method of reaching the Company through the local switched network whereby the End User uses standard business or residential local lines. Underlying Carrier: "Underlying Carrier" refers to any interexchange carrier that provides long distance services resold by the Company pursuant to this Price List. : u.S.F. stands for Universal Service Fund. Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho Idaho P.u.e. No. Original Page 10 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Undertaking of the Company 1.3 1.4 This tariff contains the regulations and rates applicable to intrastate resale telecommunications services provided by Company for telecommunications between points within the State. The Company s services are furnished subject to the availability of facilities and subject to the terms and conditions of this tariff. Company s services are not part of a joint undertaking with any other entity providing telecommunications channels, facilities or services, but do involve the resale of the Message Toll Services (MTS), switch network services, private lines and Wide Area Telecommunications Services (WATS) of underlying common carrIers. The rates and regulations contained in this tariff apply only to the servIces furnished by Company and do not apply, unless otherwise specified, to the lines facilities, or services provided by a local exchange telephone company or other common carrier for use in accessing the services of Company. The Subscriber is entitled to limit the use of Company s services by Users at the Subscriber s facilities, and may use other common carriers in addition to or in lieu of Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, idcll10 Idaho P.u.C. No. Original Page 11 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 71 08 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Limitations On Service Service is offered by the Company subject to the availability of necessary facilities, equipment and/or billing arrangements with the DUC and/or LEC. Necessary facilities and equipment may include but is not limited to facilities or equipment to be provided by Company, connecting carriers, underlying carriers owners and operators of transmission capacity leased to Company or the LEC. The Company reserves the right to discontinue service without liability, or to limit the use of service when necessitated by conditions beyond the Company s control or when the Customer is using service in violation of the law or in violation of the provisions of this Price List. The Company may undertake to 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 this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing services to any Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho Idaho P.u.C. No. Original Page 12 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) Pursuant to Rule 303 of the Telephone Customer Relation Rules of the Commission, the Company may, without notice, terminate Service without liability include, but are not limited to: 2.2.4 (A)Dangerous Conditions - A condition immediately dangerous or hazardous to life, physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. (B)Ordered To Terminate Service - The Company is ordered to terminate Service by any court, the Commission, or any other duly authorized public authority. (C)Services Obtained Illegally - The Service(s) were obtained, diverted or used without the authorization or knowledge of the Company. (D)Customer Unable to be Contacted - The Company has tried diligently to meet the notice requirement of Rule 304 of the Telephone Customer Relation Rules of the Commission, but has been unsuccessful in its attempt to contact the Customer affected. (E)Misrepresentation of Identity - The Customer has misrepresented the Customer s identity for purposes of obtaining Service and has no or an inadequate security deposit on file the Company and has an outstanding bill exceeding one hundred ($100). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 13 Issued: January 18, 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) 2.4 Conditions under which the Company may, with notice, terminate service without liability include, but are not limited to: Customer s use of the service constitutes a violation of either the provisions of this Price List, or of any laws, or government rules, regulations, or policies; or Non-payment of any sum owed the Company. Initial and continuing service is offered subject to the availability of necessary facilities, billing services, and/or equipment, including those to be provided by the DUC(s), the Company, the CAP(s), or the LEC. Service is furnished subject to the condition that there will be no abuse or fraudulent use of the service. Abuse or fraudulent use of service includes, but is not limited to: (A)Use of service of the Company for a message or messages, anonymous or otherwise, if in a manner reasonably to be expected to frighten, abuse torment, or harass another; or (B)Use of service in such a manner as to interfere unreasonably with the use of service by one or more other Customers; or (C)Any calls placed by means of illegal equipment, service, or device. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, ltii:iW Idaho P.C. No. Original Page 14 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS 2.2 Limitations On Service (continued) The Company s failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, to grant a waiver of any term or conditions herein, or to grant the Customer an extension of time for performance, will not constitute the permanent waiver of any such term or condition herein. Each of the provisions will remain, at all time, in full force and in effect until modified in writing, signed by the Company and Customer. To control fraud, service may be discontinued by the Company without incurring liability by blocking all traffic or by blocking traffic to or from certain NP A- NXXs, cities, or individual telephone stations for any service offered under this Price List. Service will be restored at Company s option as soon as it can be provided without undue risk and only after accounts have been brought current. The Company reserves the right to change DUCs at any time. 10 The Company reserves the right, without incurring liability, to terminate or refuse to provide service to or from any location where the necessary facilities, billing arrangements, and/or equipment are not available. 2.2.11 The Customer obtains no property right or interest in any specific type of facility, service, connection, equipment, number process or code. All right, title and interests to such items remain, at all times, solely with the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 200Z Boise, Idaho . -. Idaho P.e. No. Original Page 15 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Limitations of Services (continued) The Company will accept a Customer s or Applicant's request for a particular toll free telephone number. The Company will accommodate such requests to the extent possible. No guarantee of the assignment of the toll free number will be made prior to the initiation of Service to the Customer. Assignment of the toll free telephone number to the Customer does not provide the Customer with any ownership interest or proprietary right in that number. However, the Customer does have a controlling interest in its active toll free number. If the Company learns that an Applicant is attempting to sell, barter, trade, or otherwise transfer an toll free number to another person, the Company may refuse to establish Service. If a Customer s toll free telephone number is not used by callers other than for test calls to reach the Customer or Customer s designee within ninety (90) days of activation ofthe toll free number, the Company, may upon written notice discontinue Service. 2.2.14 The availability of toll-free numbers from the Company is limited by the Company s ability to obtain toll-free numbers from the DUC and/or the 800 SMS Database. 2.2.If a Customer accumulates past-due charges, the Company reserves the right not to honor the Customer s request for a change in inbound service to another carrier (e. g. " porting" of the toll-free number), including a request for a Responsible Organization (Resp. Org.) change, until such time as all charges are paid in full and all disputes, if any, resolved. 16 The Company reserves the right to refuse to process calls when the Authorization Code or PIN cannot be validated. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho Idaho P.u.e. No. Original Page 16 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Limitation of Liability The Company s liability will be limited to that expressly assumed in Paragraphs 2. through 2.9 of this Price List and that arises in connection with the provision of service to Customer. The Company will not be liable for: (A)Any act or omission of any other company or companies furnishing a portion of the service or furnishing facilities or equipment associated with such service. (B)Damages caused by the fault or negligence or misconduct of the Customer. (C)Any failure to provide or maintain service under this Price List due to circumstances beyond the Company s reasonable control. (D)Any direct, indirect, consequential, special, actual, or punitive damages, or for any lost profits of any kind or nature whatsoever arising out of any furnishing of, or interruption in, service provided hereunder, absent a determination of willful misconduct by the Company through judicial or administrative proceedings. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho . -..-.- Idaho P.u.C. No. Original Page 17 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) ( continued) (E)Any special or consequential damages or any lost profits of any kind or nature arising out of the furnishing of or interruption in service contained in this Price List. (F)The use or abuse of any service described herein by any party including, but not limited to, the Customer s employees or members of the public. "Use or abuse" includes, but is not limited to, any calls placed by means of PBX- reorigination or any other legal or illegal equipment, service, or device. In the case of toll free service, this also applies to third parties who dial the Customer s toll free number by mistake. (G)Any action, such as blocking or refusal to accept certain calls, that Company deems necessary in order to prevent fraudulent or unlawful use of its service. Compensation for any injury the Customer may suffer due to the fault of parties other than the Company must be sought from such other parties. The liability provided for above, will, in each case, be in addition to any amounts that may otherwise be due the Customer under this Price List as a credit allowance for the interruption of service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 20DZ Boise, Idaho Idaho P.e. No. Original Page 18 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 71 08 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) 3.2 2.3. 3.4 2.3. Interruptions, delays, errors, or defects caused by or contributed to, directly or indirectly, by act or omission of Customer or its customers, affiliates, agents contractors, representatives, invitees, licensees, successors, or assignees or which arise from or are caused by the use of facilities or equipment of Customer or related parties, will not result in the imposition of any liability whatsoever upon the Company. In addition, all of the service may be provided over facilities of third parties, and the Company will not be liable to Customer or any other person firm, or entity in any respect whatsoever arising out of defects caused by such third parties. With respect to servIce provided hereunder, the Company hereby expressly disclaims, without limitation, all warranties not stated in this Price List, whether express, implied "or statutory, and in particular disclaims all implied warranties of merchantability and of fitness for a particular purpose. The Company may rely on CAPS, LECs, DUCs, or other third parties to provide all or any portion of the Company s service. No contractors, agents or employees of connecting, concurring or other participating carriers or companies will be deemed to be contractors, agents or employees of the Company without the Company s written authorization. Under no circumstances whatsoever will the Company or its officers, agents, or employees be liable for indirect, incidental, special or consequential damages. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho Idaho P.u.C. No. Original Page 19 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 2.3 Limitation of Liability (continued) The Company will not be liable for any failure of performance hereunder due to causes beyond its control including, but not limited to: (A)Unavoidable interruption in the working of transmission facilities; or (B)Natural disasters such as storms, fire, flood, or other catastrophes; or (C)Any law, order, regulation, direction, action or request of the United States Government, or any other governmental entity having jurisdiction over the Company or of any department, agency, commission, bureau, corporation or other instrumentality of anyone or more of such governmental entity, or of any civil or military authority; or (D)National emergencies, insurrections, riots, rebellions, wars, strikes, lockouts work stoppages, or other labor difficulties; or (E)Notwithstanding anything in this Price List to the contrary, the unlawful acts of individuals, including acts of the Company s agents and employees if committed beyond the scope of their employment. In the event the Company or the DUC learn of possible fraudulent use of any Company services, the Company will make an effort to contact the Customer, but service may be terminated or blocked without notice and without liability to the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 ZOOZ Boise, Idahl) --~... Idaho P.u.e. No. Original Page 20 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 71 08 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 2002 Effective: January 28 2002 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) The Company will use its best efforts to provide competent services consistent with industry standards. The Company will have no liability to the Customer for any loss of revenue or any other direct, special, incidental, consequential, or other damages the Customer may sustain resulting from the failure or inability of the Company to provide service to its Customers, Cardholders, Subscribers, or End Users; negligent or defective services to Customers, Cardholders, Subscribers, or End Users; equipment, computer, network, or electrical malfunctions or any kind breakdowns, or outages; or any other cause, whether or not within the control of the Company. The above language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise. Idaho Idaho P.u.e. No. Original Page 21 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 2.4 Use of Service 2.4. 2.4. 2.4.4 The service offered herein may be used for any lawful purpose, including residential, business, governmental, or other use. There are no restrictions on sharing of service. However, the Customer remains liable for all obligations under this Price List notwithstanding such sharing and regardless of the Company knowledge of same. The Company will have no liability to any person or entity other than the Customer and only as set forth herein. The Customer will not use nor permit others to use the service in a manner that could interfere with service provided to others or that could harm the facilities of the Company or others. Service furnished by the Company will not be used for any unlawful or fraudulent purposes such as use of electronic devices, invalid numbers, and false credit devices to avoid payment for service contained in this Price List either in whole or in part. Service furnished by the Company will not be used to make calls which might reasonably be expected to frighten, abuse, torment, or harass another. Nor will service be used for any purpose for which any payment or other compensation is received by the Customer except when the Customer is communications common carrier, a resale common carrier, or an enhanced or electronic service provider who has subscribed to the Company service. However, this provision does not preclude an agreement between the Customer authorized user, or joint user to share the cost of the service as long as this arrangement generates no profit for anyone participating in a joint use or authorized use arrangement. The Company does not transmit messages pursuant to this tariff, but its services may be used for that purpose. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho Idaho P.u.C. No. Original Page 22 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 2002 Effective: January 28 2002 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer The Customer will indemnify, defend, and hold the Company harmless from and against: (A)Any claim asserted against the Company (and all attorney fees and expenses incurred by the Company with respect thereto) arising out of or relating to the failure of the Company to provide service to Customers, Cardholders or End Users. (B)Any and all liabilities, costs, damages, and expenses (including attorney fees), resulting (1) from Customer (or its employees s agent's or independent contractor s) actions hereunder, including, but not limited to breach of any provision in this Price List, misrepresentation of Company services or prices, or unauthorized or illegal acts of the Customer, its employees, agents, or independent contractor. (C)Claims for libel, slander, infringement of patent or copyright, or unauthorized use of any trademark, trade name, or service mark arising out of Customer s material, data, information, or other content transmitted via servIce. (D)Violation by Customer of any other literary, intellectual, artistic, dramatic or musical right. (E)Violations by Customer of the right to privacy. Idaho Public Utilities Commission Of/ice of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise. Idaho . u Idaho P.u.C. No. Original Page 23 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) (continued) (F)Any other claims whatsoever relating to or arising from message content or the transmission thereof. (G)All other claims arising out of any act or omission of the Customer in connection with service provided by the Company. (H)Any loss, claim, demand, suit, or other action, or any liability whatsoever whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to, or death of, any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the provision of service, where such loss, claim demand, suit, action, or liability is not the direct result of the Company negligence or willful misconduct. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 24 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 2.5 Obligations of the Customer (continued) If a Customer directly or indirectly authorizes third parties to use the service, the Customer will indemnify and hold the Company harmless against any and all claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted or demanded by said parties. The Subscriber is responsible for the payment of charges for all calls originated at the Subscriber s telephone numbers, PIN, Authorization Code or card numbers which are not collect, third party, calling card, or credit card calls. Application For Service To obtain Service, the Company requires the Customer to provide the Company with whatever authorization the Company deems appropriate and that complies with the rules of the Commission. Upon the Company s acceptance of this authorization, all applicable provisions in the Company s Price List, as amended from time-to-time, become the agreement for Service between the Company and the Customer. Acceptance or use of Service offered by the Company shall be deemed an application for such Service and an agreement by the Customer to subscribe to, use, and pay for such Service in accordance with this Price List. The Applicant may be required to establish credit satisfactory to the Company as provided in Paragraph 2. Idaho P~blic Utilities Commission ACC fice of the SecretaryTED FOR FILING JAN 282002 Boise Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 25 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Establishment of Credit Applicant For all services, the Company reserves the right to require all Applicants to establish credit worthiness to the reasonable satisfaction of the Company. Upon receipt of the signed application, the Applicant will be deemed to have authorized the Company to obtain such routine credit information and verification as the Company requires. In the case of a business Customer, the Company may, at its discretion, require personal guarantees from the Customer s owners or officers of all Customer s liabilities and obligations to the Company. In the case of refusal to establish Service, the Company shall notify the Applicant in writing of the reason for such refusal. Customer If the conditions of services or the basis on which credit was originally established have materially changed, an existing Customer may be required to establish additional credit. The Company reserves the right to examine the credit record and check the references of any Customer at any time. Customer Deposits The Company does not collect deposits for services in this Price List. "'aho P~blic Utilities Commission OffIce of the Secretary CCEPTED FOR FILING JAN 282002 Boise, Idaho . - -'-. . ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 26 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS Payment For Services General The billing period is one month. Invoices are sent to the Customer s current billing address no later than forty-five (45) days following the close of billing. Charges may be assessed for unbilled traffic up to two years in arrears. Methods Of Payment (A)Mailed bills are sent to the current billing address no later than forty-five (45) days following the close of billing. Call detail may be included with the bill at the Customer s option. The due date is disclosed on the bill. Payment in full is due within Fifteen (15) days of the invoice date on the bill. Charges are payable only in United States currency. Payment may be made by cash, check, money order, cashier s check, electronic wire transfer or by automatic withdrawal from Customer s checking or savings account. Customer may also pay via Credit Card. Checks should be made payable as named on the bill and should be sent to the address as listed on the bill. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FI LING JAN 28 2002 Boise, Idaho Idaho P.u.e. No. Original Page 27 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 71 08 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Payment For Services (continued) Method Of Payment (continued) (B)Customers who choose the E-Billing option will have their bills available no later than thirty (30) days following the close of billing. Call detail is included with the bill. (C)With Credit Card billing, the charges for services provided by the Company are billed on the Customer s designated and approved Credit Card bill. Charges are billed monthly in accordance with the terms and conditions between the Customer and the Customer s designated Credit Card company. If the charge is rejected by the Customer s credit card company, the Customer is called and another card, or correction in expiration date, etc. is requested, or information for another credit card. If not, a payment by check is requested. Late charges are applied (if applicable). If paid by E- Bill - Customer sees immediately that the card did not clear and can make his own corrections an/or use a different card. (D)If the Customer utilizes electronic fund transfer, Customer arranges for the charges for services provided by the Company to be transferred from the Customer s designated checking or saving account into the Company s bank account designated by the Company for this purpose. Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING JAN 282002 Boise. Idaho . ~... .,. ., '0 ' , -- , ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Idaho P.u.C. No. Original Page 28 Payment For Services (continued) Past Due Payments In the event the Company incurs fees or expenses, including attorney s fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. 9.4 Billing Disputes Billing disputes are handled by the Company s customer service organization. See Section 2.10. of this Price List. If the Customer is not satisfied with the Company s resolution of a billing inquiry or a billing dispute, the Customer may make application to the Commission for review and disposition of the matter. Right to Backbill for Improper Use of Company s Services Any person or entity which uses, appropriates or secures the use of Services from the Company, whether directly or indirectly, in any unlawful manner or through the providing of any misleading or false information to Company and which use appropriation, or securing of Services is inconsistent with the stated uses, intents and purposes of this Price List or any restriction, conditions, and limitations stated herein, shall be liable for an amount equal to the accrued and unpaid charges that would have been applicable to the use of Company s Services actually made by Customer. In addition, Company shall be entitled to recover an amount equal to a late payment fee of 1.5% per month for the period(s) for which such charges would have been payable. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 29 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS 10 Customer Service 10.General Customer service may be contacted in writing at the address shown on the bill. Customers may contact customer service by dialing a toll-free number listed on the bill, (800) 366-8266. Customer service representatives are available 8:00 AM to 5:00 PM Pacific time Monday through Friday. After hours, the Customer may reach a Company representative for service problems. 10.Billing Inquiries Billing inquiries must be submitted to the Company in writing. If the Customer is not satisfied with the Company s resolution of a billing inquiry, the Customer may request the Commission to investigate the charges. The Commission may be contacted at 472 W. Washington, Boise, IL 83720-0074, 1-800-432-0369. The Company will not terminate Service or collect interest on an amount that is in dispute. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 30 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS 11 Cancellation By Company The Company may terminate service to the Customer upon ten (10) days' written notice to the Customer for any condition listed in Paragraph 2.2.4. If the Company delivers the notice to the Customer s premises, it will be left in a conspicuous place. When notice is mailed, the notice will be addressed to the Customer s last known address and mailed first class or some type of express over night delivery. The selection of the method of delivering the notice is made by the Company. Service will not be terminated by the Company when a complaint is pending with the Commission or if the Customer and the Company have entered into a payment plan agreement. The discontinuance of service(s) by the Company pursuant to this section does not relieve the Customer of any obligations to pay the Company for charges due and owing for Service(s) furnished up to the time of discontinuance. The remedies set forth herein will not be exclusive and the Company will at all times be entitled to all rights available to it under either law or equity. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS Idaho P.u.e. No. Original Page 31 12 Cancellation By Customer 12.General Customers may cancel servIce by gIVIng a written or verbal notice to the Company s authorized representative. The Company places an order with the Underlying Carrier to cancel the Customer s service(s). The Underlying Carrier blocks the service within five (5) to seven (7) days after the cancellation order is received. The Customer is liable for all usage incurred until the service is canceled. 12.Customers With Switched Access Customers with Switched Access must contact their LEC to change their primary interexchange carrier ("PIC") code to the IXC of their choice. The Customer service is canceled when the LEC changes the Primary Interexchange Carrier (PIC) code to a different IXC or when the Underlying Carrier cancels the service offered by the Company. 12.Customers With Dedicated Access The Customer s service is canceled when the DUC cancels the service offered by the Company or when the Dedicated Access is moved to another DUC. 12.4 Customers With Term Plans If the Customer cancels service obtained under a term plan prior to the expiration of the term plan the cancellation penalty is equal to 75% of the average monthly usage times the number of remaining months in the term plan. Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 32 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 13 Timing of Calls Timing of calls begins when the called party answers the call (i.e. when two way communications are established.) Answer detection is based on standard industry answer detection methods including hardware answer supervision provided by the DUC and software answer detection. Chargeable time ends when one of the parties disconnects from the call. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 33 Issued: January 18 2002 Effective: January 28 2002 SECTION 2 - RULES AND REGULATIONS 14 Initial and Additional Period Calls are billed in various increments depending on the service subscribed to by the Customer. For all services, fractions of an increment are rounded up to the next highest increment. Initial period is 60 seconds and additional periods are 60 seconds unless stated otherwise in Section 3 - Description Of Services of this tariff. 15 Rounding 15.All calls are billed in the billing increments as set forth in the description for each service. Calls that terminate between increments will be rounded to the next highest increment. For example, a call with a six second increment lasting 52 seconds will be rounded to 54 seconds(.9 min. 15.2 Once the call duration, in billing increments is computed, the appropriate per minute charges, as listed in the rate schedules will be applied to the call. Calls with charges that include a fraction of a cent will be rounded to the next highest cent. For example, a Customer making a call with a computed charge of $1.434 will be charged $1.44. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 200Z Boise, Idaho Idaho P.u.e. No. Original Page 34 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 16 Taxes and Assessments 16. 16. 16.3 In addition to the charges specifically pertaining to the Services, certain federal state, and local surcharges, taxes, gross receipts, and fees will be applied to these Services. These taxes, surcharges, and fees are calculated based upon the amount billed to the End User for Service(s). All federal, state, and local taxes surcharges, and fees (i., sales tax, gross receipts tax, municipal utilities tax, etc. are listed on the Customer s invoices, and unless otherwise specified herein, are not included in the rates listed in this Price List. Unless otherwise specified herein, all stated charges in this Price List are computed by the Company exclusive of any assessments, duties, fees, surcharges taxes, or similar liabilities levied against the Company by governmental, quasi- governmental, or other entities such as federal, state, or local government. Such assessments, duties, fees, surcharges, taxes, or similar liabilities shall be paid by the Customer in addition to the charges stated in this Price List. All such charges shall be shown as a separate line item on the Customer s bill. Pending the conclusion of any litigation challenging a jurisdiction s or body s right to impose any assessments, duties, fees, surcharges, taxes, or similar liabilities, the Company may elect to waive or impose and collect a charge covering such assessments, duties, fees, surcharges, taxes, or similar liabilities, unless otherwise constrained by court order or direction. All such charges will be shown as a separate line item on the Customer s bill. If the Company has collected any assessments, duties, fees, surcharges, taxes, or similar liabilities and any of the challenged assessments, duties, fees, surcharges, taxes, or similar liabilities are found to have been invalid and not enforceable, the Company will credit or refund such sums to each affected Customer if (1) the Company has retained such funds or (2) the Company has remitted such funds to the collecting jurisdiction or body and the funds have been returned to the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho Idaho P.e. No. Original Page 35 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno , CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 16 Taxes and Assessments (continued) 16.4 16. In order to be granted exemption status, a Customer claiming exempt status must provide the Company with copies of all relevant exemption certificates and documents required by the Company. New Customers are required to provide the requested documentation at the time Service is ordered. Failure to provide the required documentation at the time Service is ordered will result in all assessments, duties, fees, surcharges, taxes, or similar liabilities (as described in Section 2.16.1 ofthis Price List) being levied by the Company on the Customer Service. The Customer will be responsible for the payment of all such charges. Failure to provide the required documentation at the time Service is ordered will also result in all taxes as noted herein being levied by the Company on the Customer s Service, and the Customer will be responsible for the payment of all such charges. At the Company s option, the Company may accord the Customer tax exempt status upon receipt of the required documentation after Service is ordered. However, the Customer will be billed for all applicable taxes and responsible for the payment of same until such time as the Company has ceased billing the applicable taxes. The Customer will also be billed for all applicable assessments, duties, fees, surcharges, or similar liabilities as described in Section 16.1 of this Price List. The Company is not liable for refunding the amount of the taxes paid the Customer. The Customer is responsible for seeking refunds for such taxes from the appropriate taxing authority. Failure to pay the appropriate taxes prior to tax exempt status being accorded by the Company will result in termination of Service. 16.Failure to pay the appropriate assessments, duties, fees, surcharges, taxes, or similar liabilities prior to exempt status being accorded by the Company will result in termination of Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 36 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 17 Interruption of Service 17.General It is the obligation of the Customer to notify the Company of any interruption in Service for which a credit allowance is desired. Before giving such notice, the Customer will ascertain that the interruption is not being caused by any action or omission by the Customer within his control, or is not in wiring or equipment, if any, furnished by the Customer. 17.All Usage Sensitive Services Credit allowances for the interruption of usage-sensitive Services will be limited to the applicable initial period charge for the call interrupted, subject to the limitation of liability provision set forth in Section 2.3 of this Price List. 17.Monthly Recurring Charges No credit for monthly recurring charges will be issued for outages less than twenty-four consecutive hours in duration. For Customers with Service subject a monthly recurring charge, Service interruptions of greater than twenty-four (24) consecutive hours duration will receive a credit equal to the number of hours of Service interruption divided by 720 hours times the monthly recurring charge for the Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 37 Issued: January 18, 2002 Effective: January 28 , 2002 SECTION 2 - RULES AND REGULATIONS 18 Restoration of Services The use and restoration of services in emergencies will be in accordance with the priority system specified in Part 64, Subpart D of the rules and regulations of the Federal Communications Commission. 19 Promotional Offerings The Company may, from time-to-time, engage in special promotional service offerings designed to attract new Customers or to increase existing Customer s awareness of a particular service offering. These promotional offerings may apply only to certain service arrangements, and may be limited to certain dates, times, and/or locations. The Company will provide the Commission a ten (10) day notice prior to offering a promotion. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho d' _ ' . ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 38 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 2 - RULES AND REGULATIONS 20 Persons Designated As A Contact For The Commission Staff 20.Ongoing Operations of the Company Jack Burk, Director of Operations 7108 Fresno Avenue, Suite 300, Fresno, CA 93720 (559) 447-2100 (559) 447-2121 Fax jburk~ITSOnLine.net 20.Price List Jack Burk, Director of Operations 7108 Fresno Avenue, Suite 300, Fresno, CA 93720 (559) 447-2100 (559) 447-2121 Fax jburk~ITSOnLine.net 20.Complaints/Inquiries From Customer Jack Burk, Director of Operations 7108 Fresno Avenue, Suite 300, Fresno, CA 93720 (559) 447-2100 (559) 447-2121 Fax jburk~ITSOnLine.net 20.4 Registered Agent National Registered Agents, Inc. 512 West Bannock Boise, Idaho 83702 (208) 344-8400. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho . - . . . i ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno , CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 3 - DESCRIPTION OF SERVICES Idaho P.u.C. No. Original Page 39 Outbound Services 1.1 General Unless otherwise stated in the Price List, the method of provisioning a specific Outbound Service is determined by the Company, and the selection of the DUC is made by the Company. Switched Access outbound Services are only available in equal access areas. All outbound Services are interstate Services with the Customer having the option to use the Service to place intrastate calls. For the purpose of the selection of the Service and associated billing plan, the Service and billing plan selected at the time of the order is provisioned will remain in effect until requested to be changed by the Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 40 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Outbound Services (continued) 1.2 Switched Access (A)ITS LocalNet Service ITS One Plus Service is a long distance pricing plan available to Residential and Business Customers that utilize Switched Access to reach the long distance network and subscribe a minimum of one line to this Service. There is no minimum monthly usage commitment for this service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. (B)ITS LocalNet Plus E-Bill ITS One Plus E-Bill is a long distance pricing plan available to Residential and Business Customers that utilize Switched Access to reach the long distance network and subscribe a minimum of one line to this Service. There is no minimum monthly usage commitment for this service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. The Customer s bill and bill detail will be provided via the internet. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 41 Issued: January 18 2002 Effective: January 28 2002 SECTION 3 - DESCRIPTION OF SERVICES Outbound Services (continued) 1.3 Dedicated Access (A)InTouch Direct ITS Direct is an outbound only, long distance pricing plan for businesses that utilize Dedicated Access to reach the POP of the underlying carrier. Intrastate service is only available to business Customers subscribing to the Company s interstate service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. This service requires a term plan agreement of one (1), two (2), or three (3) years. The Customer is responsible for all charges and equipment required to deliver traffic between the Customers premises and the POP of the underlying carrier. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING lAN 282002 Boise Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.e. No. Original Page 42 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 3 - DESCRIPTION OF SERVICES InTouch Inbound General Inbound Service permits calls to be completed to the Customer s location without charge to the calling party. Access to the Service is gained by dialing a ten digit telephone number, (Toll Free Prefix) NXX-XXXX, which terminates at the Customer s location or other telephone number as requested by customer. Switched Access (A)ITS Toll Free Service ITS Toll Service is an inbound long distance pricing plan available to Residential and Business Customers that utilize Switched Access to reach the long distance network and subscribe a minimum of one line to this Service. There is no minimum monthly usage commitment for this service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. (B)ITS Toll Free E-Bill ITS Toll Free E-Bill is an inbound long distance pricing plan available to Residential and Business Customers that utilize Switched Access to reach the long distance network and subscribe a minimum of one line to this Service. There is no minimum monthly usage commitment for this service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. The Customer s bill and bill detail will be provided via the internet. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 43 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Inbound Services Dedicated Access (A)ITS Direct InTouch ITS Direct Inbound is an inbound only, long distance pricing plan for businesses that utilize Dedicated Access to reach the POP of the underlying carrIer. Intrastate service is only available to business Customers subscribing to the Company s interstate service. The initial period is eighteen seconds (18) or fraction thereof and the additional period is each six seconds (6) or fraction thereof. This service requires a term plan agreement of one (1), two (2), or three (3) years. The Customer is responsible for all charges and equipment required to deliver traffic between the Customers premises and the POP of the underlying carrier. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Idaho P.u.e. No. Original Page 44 3.3 Travel Card Services General Travel card Services enable the End User to originate a call from a touch tone telephone by dialing a toll free access number, a valid calling card number, and PIN. All travel card Services are interstate Services with the Customer having the option to use the Service to place intrastate calls. 3.3.ITS Travel Card The ITS Travel Card is available to Business Customers and Residential Customers that subscribe to one of the Company s Outbound Service offerings. The initial period is sixty seconds (60) or fraction thereof and the additional period is each sixty seconds (60) or fraction thereof. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Idaho P.u.e. No. Original Page 45 3.4 Directory Assistance 3.4.Description of Service Intrastate Directory Assistance involves the supplying of assistance in determining or attempting to determine the telephone number of a party. 3.4.Availability of Service Directory assistance is available to any Customer that has access to the directory assistance bureau of the DUe. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 46 Issued: January 18 2002 Effective: January 28 2002 SECTION 3 - DESCRIPTION OF SERVICES Conference Services ITS Teleconferencing (A)General Intrastate ITS Teleconferencing service furnishes connections between three or more telephone stations on one connection at the same time with all connections originating and terminating in the State. The conference time is reserved by calling a ITS toll free reservation number at any time prior to the conference call. The initial period is sixty seconds (60) or fraction thereof and the additional period is each sixty seconds (60) or fraction thereof. Chargeable time is calculated on each leg of the call. (B)Capacity The service provides the capability to connect an unlimited number of participants, at up to 2000 locations, in a single call. (C)Coverage Area The coverage area is the State. Idaho PI~blic Utilities Commission Office of the SecretaryACCEPTED FOR FILING JAN 282002 Boise, Idaho . '0 ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 47 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 3 - DESCRIPTION OF SERVICES Conference Services ITS Teleconferencing (D)Service Offerings 800 Automated Service Call Originator sets up the call by providing start time, estimated end time, and anticipated number of participants to ITS Customer service a minimum of 2 hours prior to requested start time (charges are based on actual participants). Participants call in to the conference bridge on a toll free number. Stand-by operators are available for an additional charge. Call-In Service Participants call in to the conference bridge. Each participant pays transport charges to the conference bridge. Dial-Out Service Dial-Out Service automatically includes dedicated operator. Conference Operator calls each participant and places them into conference. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise. Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 48 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Conference Services ITS Teleconferencing (E)Service Enhancements Recording A Recording of the conference may be requested at the time the conference call is set up. Recording Play Back previously recorded conference call may be played back to participants. Q&A Questions and answers may be requested on a conference call. Requires a conference call with an operator. Polling Polling may be requested on a conference call. Requires a conference call with an operator. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2DOZ Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 49 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 3 - DESCRIPTION OF SERVICES Operator Assisted Calls General (A)Operator Services is any variety of telephone services which require the assistance of a long distance operator. Examples include operator dialed Station-to Station calls, collect calls and Person-to-Person calls. (B)collect call is a call for which applicable charges are billed to the telephone number of the called station of the Customer. Charges for collect calls will not be accepted if the called party to whom the charges are to be billed is at a payphone or institutional phone. (C)There are two rate elements. There is a usage charge and a surcharge. The operator dialed surcharge applies in addition to all Station-to-Station and Person-to-Person operator surcharges when the Customer has the ability to dial all the digits necessary for call completion but instead dials 00 to reach the operator to have the operator complete the call. handicapped Customer who is unable to dial the call because of his or her handicap may request credit for the surcharge from the operator. (D)For all calls, the initial and additional periods are billed in increments of one (1) minute. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise. Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 50 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Outbound Services Switched Access (A)ITS LocalNet Service The rate per minute is $0.198 For Monthly Recurring charge see Interstate Price list at www.Itsonline.net (B)ITS LocalNet Plus E-Bill The rate per minute is $0.198 For Monthly Recurring charge see Interstate Price list at www.Itsonline.net Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 51 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Outbound Services Dedicated Access (A)InTouch Direct The rate per minute is $0.142 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho "'='-~.."". ---... - _. -.-. __ ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 52 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES InTouch Inbound 4.2.Switched Access (A)ITS LocalN et Service The rate per minute is $0.198 For Monthly Recurring Charge and Resporg Fee see Interstate Price list at www.Itsonline.net (B)ITS LocalNet Plus E-Bill The rate per minute is $0.198 For Monthly Recurring Charge and Resporg Fee see Interstate Price list at www.Itsonline.net Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 8 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.e. No. Original Page 53 Issued: January 18, 2002 Effective: January 28 , 2002 SECTION 4 - RATES AND CHARGES InTouch Inbound Dedicated Access (A)InTouch Direct The rate per minute is $0.142 For Monthly Recurring Charge and Resporg Fee see Interstate Price list at www.Itsonline.net Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno , CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Idaho P.u.C. No. Original Page 54 Directory Assistance The charge is $0.95 per call. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 200Z Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Idaho P.u.C. No. Original Page 55 4.4 Calling Card Service 4.4.ITS Travel Card The rate per minute or fraction thereof is $0.199 Calls originating from Payphones will incur a Payphone Surcharge (See Section 2 of this Price List). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 2002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.e. No. Original Page 56 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Conference Services ITS Teleconferencing (A)Service Offerings 800 Automated Service Usage charge of $0.28 per minute per participant. Stand-By Operator available for $0.04 per minute per participant. Call-In Service Usage charge of $0.20 per minute per participant. Dial-Out Service Set up charge of $3.00 per participant. Usage charge of $0.42 per minute per participant (includes dedicated operator). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 28 200Z Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 4 - RATES AND CHARGES Idaho P.u.e. No. Original Page 57 Conference Services ITS Teleconferencing (B)Service Enhancements Recording The recording charge is $20.00 per 30 minute tape. Recording Play Back The recording play back charge is $20.00 per 30 minute tape plus cost per minute of each participant that joins the playback conference (see 1 A . Q&A Set up charge of $3.00. Only available on a conference call with an operator. Polling Set up charge of $3.00. Only available on a conference call with an operator. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.C. No. Original Page 58 Issued: January 18 , 2002 Effective: January 28 , 2002 SECTION 4 - RATES AND CHARGES Operator Assisted Calls Switched Access Services. Per Call Charge of $0. Usage charge at the Customers presubscribed outbound plan. Dedicated Access Services. Per Call Charge of $0. Usage charge at the Customers presubscribed outbound plan. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho ECI Communications, Inc., d/b/a ITS Network Services, Inc. Ed Jacobs, President 7108 Fresno Avenue, Suite 300 Fresno, CA 93720 Idaho P.u.e. No. Original Page 59 Issued: January 18, 2002 Effective: January 28, 2002 SECTION 4 - RATES AND CHARGES Miscellaneous Charges Return Check Charge If a Customer s check is returned by the bank, the Company may charge the Customer a return check charge. The amount of the return check charge is $20.00. Payphone Surcharge Pursuant to the FCC's Order in CC Docket 96-128, this surcharge applies only to dial-around calls, i., calls originating using a Customer s toll free numbers and/or Calling Cards, from payphone instruments. This surcharge does not apply for 0+ call for which the payphone provider would otherwise receive compensation. The Customer will pay the Company a per call surcharge of $0.30 per call for all such traffic. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 282002 Boise, Idaho