The URL can be used to link to this page

Home My WebLink AboutFinal Approved Tariffs_CLEC Tariff No 1.pdf February 18, 2010 Via E-Mail Ms. Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Statehouse Boise, ID 83720-0074 RE: Entelegent Solutions, Inc. Compliance Tariffs – Local Exchange Services Tariff No. 1; Interexchange Service Tariff No. 2 Advice Letter No. 2010-01 Dear Ms. Jewell: Enclosed are the compliance tariffs for Idaho Tariff No. 1 (Local Exchange) and Idaho Tariff No. 2 (Interexchange) filed on behalf of Entelegent Solutions, Inc. Entelegent Solutions, Inc. was granted authority to provide local and interexchange services in Idaho on November 24, 2009 in Order No 30950, Case No. ENT-T-09-01. Any questions regarding this filing may be directed to me at 407-740-3006 or via email at croesel@tminc.com. Thank you for your assistance. Sincerely, Carey Roesel, Consultant to Entelegent Solutions, Inc. CR/gs Enclosures cc: David Gibson - Entelegent file: Entelegent - ID Local; ID IXC tms: IDL1001 2600 Maitland Center Parkway, Suite 300 - Maitland, FL 32751 P.O. Drawer 200 - Winter Park, FL 32790-0200 - Telephone: (407) 740 - 8575 - Facsimile: (407) 740 - 0613 www.tminc.com RECEIVED 2010 February 18 AM 7:30 IDAHO PUBLIC UTILITIES COMMISSION Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Original Title Page LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF IDAHO TELECOMMUNICATIONS SERVICES TARIFF OF ENTELEGENT SOLUTIONS, INC. This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange telecommunications services provided by EnTelegent Solutions, Inc., with principal offices at 3800 Arco Corporate Drive, Suite 310, Charlotte, North Carolina 28273, for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company’s principal place of business. CONTACT INFORMATION Commission Staff and Consumer Complaints Contact: David Gibson Vice President of Operations Entelegent Solutions, Inc. 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 Telephone: 704-323-7464 Facsimile: 866-295-0471 Toll Free: 800-975-7192 Email: Dave.gibson@Entelegent.com Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF TABLE OF CONTENTS Title Page Title Preface Table of Contents 1 Check Sheet 2 Explanation of Symbols 4 Application of Tariff 5 Service Area Map 5 Tariff Format 6 Definitions Section 1 Rules and Regulations Section 2 Service Areas Section 3 Service Charges and Surcharges Section 4 Local Exchange Service Section 5 Supplemental Services Section 6 Contract Pricing Section 7 Special Arrangements Section 8 Promotions Section 9 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF CHECK SHEET The pages listed below of this tariff are effective as of the date shown. Revised pages contain all changes from the original tariff that are in effect as of the date indicated. SECTION PAGE REVISION SECTION PAGE REVISION Title Original * 2 15 Original * Preface 1 Original * 2 16 Original * Preface 2 Original * 2 17 Original * Preface 3 Original * 2 18 Original * Preface 4 Original * 2 19 Original * Preface 5 Original * 2 20 Original * Preface 6 Original * 2 21 Original * 1 1 Original * 2 22 Original * 1 2 Original * 2 23 Original * 1 3 Original * 2 24 Original * 1 4 Original * 2 25 Original * 1 5 Original * 2 26 Original * 2 1 Original * 2 27 Original * 2 2 Original * 2 28 Original * 2 3 Original * 2 29 Original * 2 4 Original * 2 30 Original * 2 5 Original * 2 31 Original * 2 6 Original * 2 32 Original * 2 7 Original * 2 33 Original * 2 8 Original * 2 34 Original * 2 9 Original * 2 35 Original * 2 10 Original * 2 36 Original * 2 11 Original * 2 37 Original * 2 12 Original * 2 38 Original * 2 13 Original * 2 39 Original * 2 14 Original * 2 40 Original * 2 41 Original * * - indicates those pages included with this tariff Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF CHECK SHEET, (CONT’D.) SECTION PAGE REVISION SECTION PAGE REVISION 3 1 Original * 7 1 Original * 4 1 Original * 8 1 Original * 4 2 Original * 9 1 Original * 4 3 Original * 4 4 Original * 4 5 Original * 4 6 Original * 4 7 Original * 5 1 Original * 5 2 Original * 5 3 Original * 5 4 Original * 6 1 Original * 6 2 Original * 6 3 Original * 6 4 Original * 6 5 Original * 6 6 Original * 6 7 Original * 6 8 Original * 6 9 Original * 6 10 Original * 6 11 Original * 6 12 Original * * - indicates those pages included with this filing Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF EXPLANATION OF SYMBOLS The following symbols are used for the purposes indicated below: (C) - To signify changed listing, rule, or condition that may affect rates or charges. (D) - To signify discontinued material, including listing, rate, rule, or condition. (I) - To signify an increase. (M) - To signify material relocated from or to another part of tariff schedule with no change in text, rate, rule or condition. (N) - To signify new material including listing, rate, rule or condition. (R) - To signify a reduction. (S) - To signify reissued material. (T) - To signify change in wording of text but not change in rate, rule, or condition. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate end-user local exchange communications services by Entelegent Solutions, Inc., hereinafter referred to as the Company, to Customers within the state of Idaho. Entelegent’s services are furnished subject to the availability of facilities and subject to the terms and conditions set forth herein. This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at the main office of Entelegent Solutions, Inc., at 3800 Arco Corporate Drive, Suite 310, Charlotte, North Carolina 28273. SERVICE AREA MAP Entelegent Solutions, Inc. will provide local exchange service in areas currently served by the ILEC throughout the State of Idaho. Local calling areas are as defined in Section 3 of this tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Preface Original Page 6 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF TARIFF FORMAT A. Page Numbering – Page numbers appear in the upper right corner 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 14.1. B. Page Revision Numbers – Revision numbers also appear in the upper right corner 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. Because of various suspension periods, deferrals, etc., the most current page number on file with the Commission is not always the tariff page in effect. Consult the Check Sheet for the page currently in effect. C. Paragraph Numbering Sequence – There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 2. 2.1. 2.1.1. 2.1.1.A. 2.1.1.A.1. 2.1.1.A.1.(a). 2.1.1.A.1.(a).I. 2.1.1.A.1.(a).I.(i). 2.1.1.A.1.(a).I.(i).(1). D. Check Sheets – When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 1 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 1 - DEFINITIONS Advance Payment - Payment of all or part of a charge required before the start of service. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization codes shall be the sole property of Carrier and no Customer shall have any property or other right or interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in connection with the authorization code. Authorized User - A person, corporation or other entity that is authorized by the Company Customer to utilize service provided by the Company to the customer. The customer is responsible for all charges incurred by an Authorized Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates. Common Carrier - An authorized company or entity providing telecommunications services to the public Company - Entelegent Solutions, Inc., the issuer of this tariff. Customer - The person, firm or corporation that orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff. Customer Premises - A location designated by the Customer for the purposes of connecting to the Company’s services. Customer Terminal Equipment - Terminal equipment provided by the Customer. Commission - Idaho Public Utilities Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 1 Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 1 - DEFINITIONS, (CONT’D.) Deposit - Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges. End Office - The LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks. Entelegent - Entelegent Solutions, Inc., issuer of this tariff. Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the Company network. Presubscribed Customers may also route interexchange calls to the Company network by dialing an access code supplied by the Company. Exchange Telephone Company or Telephone Company - Denotes any individual, partnership, association, joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in providing public switched communication service throughout an exchange area, and between exchange areas within the LATA. Individual Case Basis (ICB) - A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer’s situation. IXC or Interexchange Carrier - A long distance telecommunications services provider. Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance provided within this Tariff by Carrier shall not apply where service is interrupted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of non-payment of bills, unlawful or improper use of the Carrier’s facilities or service, or any other reason covered by this Tariff or by applicable law. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 1 Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 1 - DEFINITIONS, (CONT’D.) Joint User - A person, firm or corporation designated by the Customer as a user of local exchange service furnished to the Customer by the Company, and to whom a portion of the charges for such facilities are billed under a joint use arrangement. 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, Inc. Tariff F.C.C. No. 4, or its successor tariff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Local Calling - A completed call or telephonic communication between a calling Station and any other Station within the local service area of the Calling Station. Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. MOU - Minutes of Use. NECA - National Exchange Carriers Association. Non-Recurring Charge (“NRC”) - The initial charge, usually assessed on a one-time basis, to initiate and establish service. PIN - Personal Identification Number. See Authorization Code. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 1 Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 1 - DEFINITIONS, (CONT’D.) Point of Presence (“POP”) - The Point of Presence. Premises - The space occupied by a Customer or authorized user in a building or buildings or contiguous property not separated by a public right of way. Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service. Service - Any means of service offered herein or any combination thereof. 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 of service. The parties may mutually agree on a substitute Service Commencement Date. Service Order - The written or verbal request for Company services by the Customer and the Company in the format devised by the Company. A Service Order initiates the respective obligations of the parties as set forth therein and pursuant to this tariff. Services - The Company telecommunications services offered on the Company network. Shared Inbound Calls - Refers to calls that are terminated via the Customer’s Company-provided local exchange line. Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer’s local telephone lines are presubscribed by the Company to the Company outbound service such that “1 + 10-digit number” calls are automatically routed to the Company or an IXC network. Calls to stations within the Customer’s LATA may be placed by dialing “10XXX” or “101XXXX” with 1 + 10-digit number.” Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 1 Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 1 - DEFINITIONS, (CONT’D.) Station - The network control signaling unit and any other equipment provided at the Customer premises that enables the Customer to establish communications connections and to effect communications through such connections. Subscriber - The person, firm, partnership, corporation, or other entity that orders telecommunications service from the Company. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company. Switched Access Origination/Termination - Where access between the Customer and the interexchange carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a LEC-provided business or residential access line. The cost of switched Feature Group access is billed to the interexchange carrier. Terminal Equipment - Any telecommunications equipment other than the transmission or receiving equipment installed at a Company location. Usage Charges - Charges for minutes or messages traversing over local exchange facilities. User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service provided under this tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with one-way and/or two-way information transmission between points within the state of Idaho. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own customers. The Company arranges for installation, operation, and maintenance of the communications services provided in this tariff for Customers in accordance with the terms and conditions set forth under this tariff. The Company may act as the Customer's agent for ordering access connection facilities provided by other carriers or entities, when authorized by the Customer, to allow connection of a Customer's location to the Company network. The Customer shall be responsible for all charges due for such service arrangement. 2.1.2 Shortage of Equipment or Facilities A. The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of lack of facilities, or due to some other cause beyond Company control. B. 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 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.3 Terms and Conditions A. Service is provided on the basis of a minimum period of at least thirty (30) days, 24- hours per day. For the purpose of computing charges in this tariff, a month is considered to have 30 days. When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not. B. Except as otherwise stated in this tariff, Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the 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 to provide service. C. 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, unless otherwise specified by the written Service Order, at the then current rates unless terminated by either party upon 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.3 Terms and Conditions, (Cont’d.) D. Service may be terminated by Company upon written notice to the Customer if: 1. the Customer is using the service in violation of this tariff; or 2. the Customer is using the service in violation of the law; or 3. the Customer is in violation of written Service Order terms. E. This tariff shall be interpreted and governed by the laws of the State of Idaho regardless of its choice of laws provision. F. Any other telephone company may not interfere with the right of any person or entity to obtain service directly from the Company. No person or entity shall be required to make any payment, incur any penalty, monetary or otherwise, or purchase any services in order to have the right to obtain service directly from the Company. G. To the extent that either the Company or any other telephone company exercises control over available cable pairs, conduit, duct space, raceways, or other facilities needed by the other to reach a person or entity, the party exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilities under its control available to its Customers. At the reasonable request of either party, the Company and the other telephone company shall join the attempt to obtain from the owner of the property access for the other party to serve a person or entity. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability A. 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, representations, 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 2.7. B. Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any 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. C. 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability, (Cont’d.) D. The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, due to: 1. Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen, except as contracted by the Company; 2. Any delay or failure of performance or equipment due to causes beyond the Company 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; 3. Any unlawful or unauthorized use of Company facilities and services; 4. 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 facilities or services; or by means of the combination of Company-provided facilities or services; 5. Breach in the privacy or security of communications transmitted over Company facilities; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 6 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability, (Cont’d.) D. (Cont’d.) 6. Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company liability is limited as set forth in Section 2.1.4.A. 7. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; 8. 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’s facilities or equipment connected, or to be connected to Company facilities; 9. Any non-completion of calls due to network busy conditions; 10. Any calls not actually attempted to be completed during any period that service is unavailable; 11. And any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of Company services or facilities. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 7 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability, (Cont’d.) E. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. F. 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. G. Failure by the Company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other provisions. H. Directory Errors - In the absence of gross negligence or willful misconduct, no liability for damages arising from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions of listing obtainable from the directory assistance operator, including errors in the reporting thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly tariff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 8 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability, (Cont’d.) I. With respect to Emergency Number 911 Service 1. This service is offered solely as an aid in handling assistance calls in connection with fire, police and other emergencies. The Company is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made instituted or asserted by the Customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, of (2) installation, operation, failure to operate, maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service. 2. Neither is the Company responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or parties accessing emergency 911 service, and which arise out of the negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of any one of them. 3. When a Customer with a nonpublished telephone number, as defined herein, places a call to the emergency 911 service, the Company will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 9 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.4 Limitations on Liability, (Cont’d.) J. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court s responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 2.1.5 Notification of Service-Affecting 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 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 10 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.6 Provision of Equipment and Facilities A. 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 this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. B. The Company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. C. The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. D. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided. E. The Customer shall be responsible for the payment of service charges as set forth herein for visits by Company 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 11 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.6 Provision of Equipment and Facilities, (Cont’d.) F. The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, the Company shall not be responsible for: 1. the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or 2. the reception of signals by Customer-provided equipment. 2.1.7 Non-routine Installation At the Customer’s request, installation and/or maintenance may be performed outside Company regular business hours or in hazardous locations. 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 12 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.1 Undertaking of the Company, (Cont’d.) 2.1.8 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: A. where facilities are not presently available, and there is no other requirement for the facilities so constructed; B. of a type other than that which the Company would normally utilize in the furnishing of its services; C. over a route other than that which the Company would normally utilize in the furnishing of its services; D. in a quantity greater than that which the Company would normally construct; E. on an expedited basis; F. on a temporary basis until permanent facilities are available; G. involving abnormal costs; or H. in advance of its normal construction. 2.1.9 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its partners, agents, contractors or suppliers. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 13 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.2 Prohibited Uses 2.2.1 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. 2.2.2 The Company may require applicants for service who intend to use Company offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company offerings complies with relevant laws and Commission regulations, policies, orders, and decisions. 2.2.3 The Company may block any signals being transmitted over its Network by Customers who 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. 2.2.4 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 if the existing Customer has paid all charges owed to the Company for regulated communications services. 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 14 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.3 Obligations of the Customer 2.3.1 General The Customer is responsible for making proper application for service; placing any necessary order, complying with tariff regulations; payment of charges for services provided. Specific Customer responsibilities include, but are not limited to the following: A. the payment of all applicable charges pursuant to this tariff and written Service Orders; B. damage to or loss of Company facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company; C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air condi- tioning necessary to maintain the proper operating environment on such premises; D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1.C. Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 15 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.3 Obligations of the Customer, (Cont’d.) 2.3.1 General, (Cont’d.) E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining Company facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company opinion, injury or damage to Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g., asbestos) prior to any construction or installation work; F. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.3.1.D.; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; G. not creating, or allowing to be placed, any liens or other encumbrances on Company equipment or facilities; and H. making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 16 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.3 Obligations of the Customer, (Cont’d.) 2.3.2 Liability of the Customer A. The Customer will 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, invites, or contractors where such acts or omissions are not the direct result of Company negligence or intentional misconduct. B. To the extent caused by any negligent or intentional act of the Customer as described in A., preceding, 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 rate sheet of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided by the Company to such third party. C. The Customer shall not assert any claim against any other Customer or user of Company services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this rate sheet 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 of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this rate sheet 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 17 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.4 Customer Equipment and Channels 2.4.1 General A User may transmit or receive information or signals via the facilities of the Company. Company services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A User may transmit any form of signal that is compatible with Company equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff. 2.4.2 Station Equipment A. Terminal equipment on the User’s Premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the User. The User is responsible for the provision of wiring or cable to connect its terminal equipment to the Company Point of Connection. B. The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to Company employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer’s expense, subject to prior Customer approval of the equipment expense. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 18 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.4 Customer Equipment and Channels, (Cont’d.) 2.4.3 Interconnection of Facilities A. Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communication Services and the channels, facilities, or equipment of others shall be provided at the Customer’s expense. B. Communication Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers that are applicable to such connections. C. Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all User-provided wiring shall be installed and maintained in compliance with those regulations. D. Users may interconnect communications facilities that are used in whole or in part for interstate communications to services provided under this tariff only to the extent that the user is an is “End User” as defined in Section 69.2(m), Title 47, Code of Federal Regulations (1992 edition). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 19 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.4 Customer Equipment and Channels, (Cont’d.) 2.4.4 Inspections A. Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2.A. for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 20 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements 2.5.1 Payment for Service The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Authorized Users by the Customer, regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state, federal and 911 taxes, charges or surcharges (however designated) (excluding taxes on Company net income) imposed on or based upon the provision, sale or use of Network Services. The security of the Customer’s PIN is the responsibility of the Customer. All calls placed using a PIN shall be billed to and shall be the obligation of the Customer. The Customer shall not be responsible for charges in connection with the unauthorized use of PINs arising after the Customer notifies the Company of the loss, theft, or other breach of security of such PINs. Customers will only be charged once, on either an interstate or intrastate basis, for any nonrecurring charges. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 21 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.2 Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other Authorized Users for services and facilities furnished to the Customer by the Company. A. Nonrecurring charges are due and payable within thirty (30) days after the invoice date, unless otherwise agreed to in advance. B. The Company shall present invoices for recurring charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within thirty (30) days after the invoice date unless otherwise agreed to in advance. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. C. When service does not begin on the first day of the 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. D. Billing of the Customer by the Company will begin on the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 22 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.2 Billing and Collection of Charges, (Cont’d.) E. If any portion of the payment is not received by the Company, or if any portion of the payment is received by the Company in funds that are not immediately available, thirty (30) days following the invoice date, then a late payment penalty shall be due the Company. The late payment penalty shall be that portion of the payment not received by the date due minus any charges billed as local taxes multiplied by 1.5%. F. The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the Company that a financial institution refuses to honor. G. If service is disconnected by the Company in accordance with Section 2.6 following and later restored, restoration of service will be subject to all applicable installation charges. Service shall, at the Company's discretion, be restored when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 23 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.3 Disputed Bills A. In the event that a billing dispute occurs concerning any charges billed to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bill to avoid discontinuance of service for non-payment. The Customer must submit a documented claim for the disputed amount. The Customer will submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within 30 days of receipt of billing for those services. If the Customer does not submit a claim as stated above, the Customer waives all rights to filing a claim thereafter. B. Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may file a complaint with the Idaho Public Utilities Commission, 472 West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800- 432-0369. C. If the dispute is resolved in favor of the Customer and the Customer has withheld the disputed amount, no interest credits or penalties will apply. D. If the dispute is resolved in favor of the Company and the Customer has withheld the disputed amount, payment is due within 5 days of notice of resolution or late fees and penalties will apply. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 24 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.4 Advance Payments A. Advance payments are not required of residential Customers. B. For commercial Customers, the Company may require a Customer to make an advance payment before services and facilities are furnished. The advance payment will not exceed an amount equal to the non-recurring charge(s) and one month’s charges for the service or facility. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer’s initial bill. An advance payment may be required in addition to a deposit. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 25 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.5 Deposits A. Commercial Customers 1. The Company may, in order to safeguard its interests, require a Customer which has a proven history of late payments to the Company or does not have established credit or has a bad credit rating to make a deposit prior to or at any time after the provision of service to the Customer to be held by the Company as a guarantee of the payment of rates and charges. No such deposit will be required of a Customer which has established satisfactory credit and has no history of late payments to the Company. 2. The amount of the deposit which may be required of a Customer for the purpose of establishing credit shall not exceed two times the average monthly bill for residential Customers whose bills are payable in advance. The amount of deposit may be adjusted at the request of the Customer at any time when the character, purpose, or degree of the Customer’s use of the service has materially changed, or when it is indicated that it will change. 3. The making of a deposit shall not relieve any Customer of the obligation to pay current bills when due. A deposit shall only be applied to the indebtedness of the Customer for jurisdictional telecommunications services of the provider. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 26 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.5 Deposits, (Cont’d.) A. Commercial Customers, (Cont’d.) 4. The Company will pay interest on deposits, to accrue from the date the deposit is made until it has been refunded, or until a reasonable effort has been made to effect refund. The Company will pay interest at the rate prescribed by the Commission. 5. The Company shall keep a record of each cash deposit until the deposit is returned. The record will show the name of each Customer making a deposit; the premises occupied by the Customer when making the deposit and each successive premises occupied while the deposit is retained by the Company; the amount and date of making the deposit; and a record of each transaction, such as the payment of interest, interest credited, etc., concerning the deposit. Concurrently with receiving a deposit, the Company will provide the Customer a receipt showing the deposit date, the name and billing address of the Customer and the deposit amount. 6. Upon discontinuance of service, or when a Customer has established credit by other means, the Company will promptly refund any deposit, plus accrued simple interest, or the balance, if any, in excess of the unpaid bills for the services furnished by the Company. A transfer of service from one location to another within the Company serving area shall not be deemed a discontinuance with the Company if the character of the service remains unchanged. 7. Deposits will be refunded after twelve months of timely payment, with interest as specified above. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 27 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.6 Cancellation of Application for Service A. Applications for service cannot be canceled without Company agreement. Where the Company permits a Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. B. 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 incurred by the Company, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service commenced (all discounted to present value at six percent). C. 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 by the Company, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the 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. D. Special charges described in 2.5.6.A. through 2.5.6.C. will be calculated and applied on a case-by-case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 28 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.5 Payment Arrangements, (Cont’d.) 2.5.7 Changes in Service Requested 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 29 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.6 Discontinuance of Service Service continues to be provided until canceled by the Customer, in writing, or until discontinued by the Company as set forth below. The Company may render bills subsequent to the termination of service for charges incurred before termination. Without incurring liability, Entelegent may refuse or discontinue service for the following reasons provided that, unless otherwise stated, business Customers will be given five (5) days written notice and residential Customers will be given fifteen (15) days written notice by first class mail, with a final notice by Certified Mail five (5) days prior to discontinuance. 2.6.1 For noncompliance with or violation of any State, municipal, or Federal law, ordinance or regulation pertaining to telephone service. 2.6.2 For noncompliance with or violation of Commission regulation or Entelegent’s rules and regulations on file with the Commission. 2.6.3 Without notice by reason of any order or decision of a court or other government authority having jurisdiction which prohibits Company from furnishing such services. 2.6.4 For failure of the Customer to make proper application for service or for use of telephone service for any other property or purpose than that described in the application. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 30 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.6 Discontinuance of Service, (Cont’d.) 2.6.5 Without notice in the event of tampering with the equipment or services owned by Entelegent or its agents. 2.6.6 Without notice in the event of Customer use of equipment or services in such a manner as to adversely affect Company equipment or Company service to others. 2.6.7 For neglect or refusal to provide reasonable access to Entelegent or its agents for the purpose of inspection and maintenance of equipment owned by Entelegent or its agents. 2.6.8 For non-payment of any amount past due to the Company by the Customer. 2.6.9 Without notice for unauthorized or unlawful use of Authorization Codes. Authorization Codes are issued only by the Company to the Customer and may not be sold or otherwise distributed without the written consent of the Company. 2.6.10 Without notice in the event of any other unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, Entelegent may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. 2.6.11 For Customer’s breach of contract for service between the Company and the Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 31 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.7 Allowances for Interruptions in Service Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, will be credited to the Customer as set forth in 2.7.1 for the part of the service that the interruption affects. 2.7.1 General A. Service Outage A credit allowance will be given when service is interrupted, except as specified below. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a cross-talk, static or other transmission problem, the Company will respond to a Customer’s report of such a “service outage” in accordance with IDAPA 31.41.01 Rule 503. Customer’s bills will be appropriately and automatically credited pursuant to the terms of Rule 503. B. Receipt and Recording of Reports The Company will provide for the receipt of Customer trouble reports at all hours and make a full and prompt investigation of and response to all reports. The Company will maintain an accurate record of trouble reports made by its Customers. This record will include accurate identification of the Customer or service affected, the time, date and nature of the report, the action taken to clear the trouble or satisfy the Customer, and the date and time of trouble clearance or other disposition. This record will be available to the Commission or its authorized representatives upon request at any time within two (2) years of the date of the record. C. Repair Commitments Commitments to the Customer for repair service will be set in accordance with Rule 503. The Company will make every reasonable attempt to fulfill repair commitments to its Customers. Customers will be timely notified of unavoidable changes. Failure to meet a repair commitment does not relieve the Company of the credited provisions in Rule 503.01, unless the Customer fails to keep an appointment the Customer agreed to when the original commitment was made Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 32 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.7 Allowances for Interruptions in Service, (Cont’d.) 2.7.1 General, (Cont’d.) D. Restoration of Service When the Company providing local exchange is informed by a Customer of a local exchange service outage, the Company will: 1. restore service within sixteen (16) hours after the report of the outage if the Customer notifies the Company that the service outage creates an emergency for the Customer, or 2. restore service within twenty-four (24) hours after the report of the outage if no emergency exists, except that outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. If the Company does not restore service within the times required by this subsection, the Company will credit the Customer’s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 33 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.7 Allowances for Interruptions in Service, (Cont’d.) 2.7.1 General, (Cont’d.) E. Extenuating Circumstances Following disruption of local exchange service caused by natural disaster or other causes not within the Company’s control and affecting large groups of Customers, or in conditions where the personal safety on an employee would be jeopardized, the Company is not required to provide the credit referred to in Subsection 503.01 as long as it uses reasonable judgment and diligence to restore service, giving due regard for the needs of various Customers and the requirements of the telecommunications service priority (TSP) program ordered in FCC Docket 88-341. When a Customer causes the Customer’s own service outage or does not make a reasonable effort to arrange a repair visit within the service restoration deadline, or when the Company determines that the outage is attributable to the Customer’s own equipment or inside wire, the Company is not required to provide to that Customer the credit referred to in Subsection 503.01. F. Compliance Standard Each month at least ninety percent (90%) of out-of-service trouble reports will be cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a monthly service record as described in Subsection 502.01 and will notify the Commission whenever the record indicates the ninety percent (90%) level has not been met for a period of three (3) consecutive months. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 34 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.7 Allowances for Interruptions in Service, (Cont’d.) 2.7.2 Cancellation For Service Interruption Cancellation or termination for service interruption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit that has been subject to the outage or cumulative service credits. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 35 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.8 Use of Customer’s Service by Others 2.8.1 Joint Use Arrangements 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 designated 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 36 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.9 Cancellation of Service/Termination Liability If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever other than a service interruption (as defined in Section 2.7.1 above), the Customer agrees to pay to the Company termination liability charges, as defined below unless otherwise stated in written Service Order. These charges shall become due as of the effective date of the cancellation or termination and be payable within the period, set forth in Section 2.5.2. 2.9.1 Termination Liability The Customer’s termination liability for cancellation of service shall be equal to: A. all unpaid Non-Recurring charges reasonably expended by the Company to establish service to the Customer; plus B. any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by the Company on behalf of the Customer; plus C. all Recurring Charges specified in the applicable Service Order Tariff for the balance of the then current term. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 37 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.10 Transfers and Assignments 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: 2.10.1 to any subsidiary, parent company or affiliate of the Company; or 2.10.2 pursuant to any sale or transfer of substantially all the assets of the Company; or 2.10.3 pursuant to any financing, merger or reorganization of the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 38 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.11 Customer Liability for Unauthorized Use of the 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 Company services provided under this tariff. 2.11.1 Customer Liability for Fraud and Unauthorized Use of the Network A. The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company calling card, if such a card is offered by the Company, or an accepted credit card, provided that the unauthorized use occurs before the Company has been notified. B. A Company calling card is a telephone calling card issued by the Company at the Customer’s request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls billed to the Customer’s account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. C. The Customer must give the Company written or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. D. The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users authorized by the Customer to use service provided under this rate sheet, unless due to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer’s service or Customer-provided equipment by third parties, the Customer’s employees, or the public. The liability of the Customer for unauthorized use of the Network by credit card fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money, property, labor, or services obtained by the unauthorized user before notification to the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 39 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.12 Notices and Communications 2.12.1 The Customer shall designate on the Service Order the address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which Company bills for service shall be mailed. 2.12.2 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. 2.12.3 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, communication or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.12.4 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 40 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.13 Taxes, Fees and Surcharges The Company reserves the right to bill any and all applicable taxes, fees and surcharges in addition to normal rates and charges for services provided to the Customer, where permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho Telecommunications Service Assistance Program, and Universal Service. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in addition to rates as quoted in this tariff and will be itemized separately on Customer invoices Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 2 Original Page 41 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.14 Miscellaneous Provisions 2.14.1 Telephone Number Changes Whenever any Customer’s telephone number is changed after a directory is published, the Company shall intercept all calls to the former number for at least one hundred and twenty (120) days and give the calling party the new number provided existing central office equipment will permit, and the Customer so desires. When service in an existing location is continued for a new Customer, the existing telephone number may be retained by the new Customer only if the former Customer consents in writing, and if all charges against the account are paid or assumed by the new Customer. 2.14.2 Maintenance and Operations Records Records of various tests and inspections, to include non-routine corrective maintenance actions or monthly traffic analysis summaries for network administration, necessary for the purposes of the Company or to fulfill the requirements of Commission rules shall be kept on file in the office of the Company as required under Commission rules. 2.15 Universal Emergency Telephone Number Service (911) Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company central office and trunking facilities whereby any telephone user who dials the numbers 911 will reach the emergency report center for the telephone from which the number is dialed or will be routed to an operator if all lines to an emergency report center are busy. If no emergency report center Customer exists for a central office entity, a telephone user who dials the number 911 will be routed to an operator. No call-specific charges apply to 911 calls. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 3 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 3 - SERVICE AREAS 3.1 Local Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in the exchanges and local calling areas currently served by the Incumbent LEC. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES 4.1 Service Order and Change Charges 4.1.1 Non-recurring charges apply to processing Service Orders for new service and for changes in service. Primary Line Connection Charge: Applies to requests for initial connection or establishment of telephone service with the Company. Secondary Line Connection Charge: Applies to installation of a second or additional access line. Service Order Charge: Applies to connection of new lines and to services orders associated with Customer requests for changes in service, moves, and the addition of services, including the additional of calling features. 4.1.2 Rates Line Connection Charge Business Primary Line $60.00 Secondary Line $60.00 Service Order Charge Moves/Adds/Changes $25.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.2 Premises Visit Charge Premises Visit charges apply when the installation of network access facilities or trouble resolution require a visit to the Customer’s premises. This charge applies in addition to the Technician Dispatch Charge. Business Installation Charge – 1st Hour $120.00 Repair Charge – 1st ½ Hour $91.00 Repair Charge – Each Add’l ½ Hour $46.00 4.3 Restoral Charge 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. Business Per occasion, per line: $40.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.4 Carrier Presubscription 4.4.1 General Carrier Presubscription is a procedure whereby a Customer designates to the Company the carrier that the Customer wishes to be the carrier of choice for IntraLATA and InterLATA toll calls. Such calls are automatically directed to the designated carrier, without the need to use carrier access codes or additional dialing to direct the call to the designated carrier. Presubscription does not prevent a Customer who has presubscribed to an IntraLATA or InterLATA toll carrier from using carrier access codes or additional dialing to direct calls to an alternative long distance carrier on a per call basis. 4.4.2 Presubscription Options - Customers may select the same carrier or separate carriers for IntraLATA and InterLATA long distance. The following options for long distance Presubscription are available: Option A: Customer selects the Company as the presubscribed carrier for IntraLATA and InterLATA toll calls subject to presubscription. Option B: Customer may select the Company as the presubscribed carrier for IntraLATA calls subject to presubscription and some other carrier as the presubscribed carrier for interLATA toll calls subject to presubscription. Option C: Customer may select a carrier other than the Company for IntraLATA toll calls subject to presubscription and the Company for InterLATA toll calls subject to presubscription. Option D: Customer may select the carrier other than the Company for both IntraLATA and InterLATA toll calls subject to presubscription Option E: Customer may select two different carriers, neither being the Company for IntraLATA and InterLATA toll calls. One carrier to be the Customers’ primary intraLATA interexchange carrier. The other carrier to be the Customer’s primary InterLATA interexchange carrier. Option F: Customer may select a carrier other than the Company for no presubscribed carrier for IntraLATA toll calls subject to presubscription which will require the Customer to dial a carrier access code to route all IntraLATA toll calls to the carrier of choice for each call. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.4 Carrier Presubscription, (Cont’d.) 4.4.3 Rules and Regulations Customers of record will retain their primary interexchange carrier(s) until they request that their dialing arrangements be changed. Customers of record or new Customers may select either Options A, B, C, D, E or F for intraLATA Presubscription. Customers may change their selected Option and/or presubscribed toll carrier at any time subject to charges specified in 4.4.5 below. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.4 Carrier Presubscription, (Cont’d.) 4.4.4 Presubscription Procedures A new Customer will be asked to select intraLATA and interLATA toll carriers at the time the Customer places an order to establish local exchange service with the Company. The Company will process the Customer’s order for service. All new Customers’ initial requests for intraLATA toll service presubscription shall be provided free of charge. If a new Customer is unable to make selection at the time the new Customer places an order to establish local exchange service, the Company will read a random listing of all available intraLATA and interLATA carriers to aid the Customer in selection. If selection is still not possible, the Company will inform the Customer that he/she will be given 90 calendar days in which to inform the Company of his/her choice for primary toll carrier(s) free of charge. Until the Customer informs the Company of his/her choice of primary toll carrier, the Customer will not have access to long distance services on a presubscribed basis, but rather will be required to dial a carrier access code to route all toll calls to the carrier(s) of choice. Customers who inform the Company of a choice for toll carrier presubscription within the 90 day period will not be assessed a service charge for the initial Customer request. Customers of record may initiate a intraLATA or interLATA presubscription change at any time, subject to the charges specified in 4.4.5 below. If a Customer of record inquires of the Company of the carriers available for toll presubscription, the Company will read a random listing of all available intraLATA carriers to aid the Customer in selection. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 6 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.4 Carrier Presubscription, (Cont’d.) 4.4.5 Presubscription Charges A. Application of Charges After a Customer’s initial selection for a presubscribed toll carrier and as detailed in Paragraph 4.4.4 above, for any change thereafter, an Presubscription Change Charge, as set for the below will apply. Customers who request a change in intraLATA and interLATA carriers with the same order will be assessed a single charge per line. B. Nonrecurring Charges Per business or residence line, trunk, or port Initial Line, or Trunk or Port $5.00 Additional Line, Trunk or Port $5.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 4 Original Page 7 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 4 - SERVICE CHARGES AND SURCHARGES, (CONT’D.) 4.5 Public Telephone Surcharge In order to recover Company expenses to comply with the FCC’s pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all intrastate calls that originate from any pay telephone used to access Company provided services. This surcharge, which is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with service, applies for the use of the instrument used to access Company provided service and is unrelated to the service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (e.g., using the “#” symbol). The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone. Rate Per Call: $0.60 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 5 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 5 - LOCAL EXCHANGE SERVICE 5.1 General Local exchange service is offered to business Customers on a presubscription basis from equal access originating end offices only. Service is provided on a term basis only. Unless other specified, the minimum term is one (1) year. Rates for service may vary by call type and/or term commitment. Usage rates, per call charges and monthly fees may apply. In addition, applicable Service Order and other non-recurring charges may apply. Call timing is defined in the description for each service. Service is available 24 hours a day, 7 days a week. Service is available where technically feasible and where facilities permit. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 5 Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 5 - LOCAL EXCHANGE SERVICE, (CONT’D.) 5.2 Charges Based on Duration of Use Where charges for a service are specified based on the duration of use, such as the duration of a telephone call, the following rules apply: 5.2.1 Calls are measured in durational increments identified for each service. All calls that are fractions of a measurement increment are rounded-up to the next whole unit. 5.2.2 Timing on completed calls begins when the call is answered by the called party. Answering is determined by hardware answer supervision in all cases where this signaling is provided by the terminating local carrier and any intermediate carrier(s). Timing for operator service person-to-person calls start with completion of the connection to the person called or an acceptable substitute, or to the PBX station called. 5.2.3 Timing terminates on all calls when the calling party hangs up or the Company network receives an off-hook signal from the terminating carrier. 5.2.4 Calls originating in one time period and terminating in another will be billed in proportion to the rates in effect during different segments of the call. 5.2.5 All times refer to local time. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 5 Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 5 - LOCAL EXCHANGE SERVICE, (CONT’D.) 5.3 Basic Local Exchange Service 5.3.1 General Basic Local Exchange Service provides a Customer with a telephonic connection to, and a unique telephone number on, the Company switching network that enables the Customer to: A. receive calls from other stations on the public switched telephone network; B. access the Company Local Calling Services and other Services as set forth in this tariff; C. access interexchange calling services of the Company and of other carriers; D. access (at no additional charge) to Company operators and business office for service related assistance; E. access toll-free telecommunications services such as 800 NPA; and access toll-free emergency services by dialing 0 or 9-1-1 (where available); F. access relay services for the hearing and/or speech impaired. Basic Local Exchange Services cannot be used to originate calls to caller-paid information services (e.g., 900, 976) provided by other companies. Calls to those numbers and other numbers used for caller-paid information services will be blocked by the Company switch. Each Basic Local Exchange Service corresponds to one or more telephonic communications channels that can be used to place or receive one call at a time. Individual line Business Basic Local Exchange Service is comprised of exchange access lines defined as follows: Exchange Access Line - The service central office line equipment and all the Company plant facilities up to the demarcation point. These facilities are Company-provided and maintained and provide access to and from the telecommunications network for message toll service and for local calling appropriate to the tariffed use offering selected by the Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 5 Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 5 - LOCAL EXCHANGE SERVICE, (CONT’D.) 5.3 Basic Local Exchange Service, (Cont’d.) 5.3.2 Flat Rate Local Exchange Service Flat Rate Local Exchange Service provides a Customer with a single, analog, voice-grade telephonic communications channel that can be used to place or receive one call at a time. Flat Rate Local Exchange Service lines are provided for the connection of Customer- provided wiring, telephone, facsimile machines or other station equipment. Local exchange service lines and trunks are provided on a single party (individual) basis only. No multi-party lines are provided. Recurring charges for Flat Rate Local Exchange Service are billed monthly in advance. Non- recurring charges for installation or rearrangement of service are billed on the next month’s bill immediately following work performed by the Company. Flat Rate Local Exchange Service includes unlimited local exchange calling per month. Business Monthly Rate, per line: $60.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES 6.1 Optional Calling Features The features in this section are made available on an individual basis or as part of multiple feature packages. All features are provided subject to availability; features may not be available with all classes of service. Transmission levels may not be sufficient in all cases. 6.1.1 Feature Descriptions Anonymous Call Rejection - Gives the Customer the ability to prevent future calls from specific telephone numbers and can be activated after receipt of an unwanted call or after entering a telephone number from which the calling party does not wish to receive future calls. The screening list holds a maximum of fifteen (15) numbers. Auto Call Back - Allows a Customer to return the most recent incoming call and hear an announcement of the last telephone number that called. Auto Redial - Automatically redials a busy number for up to 30 minutes until line is available. Call Forwarding - Allows incoming calls forwarded to be forwarded to another line specified by the Customer by dialing a code and the telephone number to which the calls will be forwarded. Call Trace - Allows a called party to initiate an automatic trace of the last call received. Call Trace is available on a usage basis only. Call Waiting / Call Waiting with Caller ID - Allows the Customer engaged in a call to receive a tone signal indicating a second call is waiting, and by operation of the switchhook to place the first call on hold and answer the waiting call. Call Waiting with Caller ID provides Call Waiting service with the display of Caller ID information for the call that is waiting. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 2 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.1 Optional Calling Features, (Cont’d.) 6.1.1 Feature Descriptions, (Cont’d.) Caller ID-Number Only - Provides for the display of the calling party telephone number on Caller ID compatible Customer premises equipment. Caller ID Name and Number - Provides for the display of the calling party name and telephone number on Caller ID compatible Customer premises equipment. Custom Ringing - Allows a Customer to have up to two separate telephone numbers (one main and one additional number) associated with one local exchange access line. Each telephone numbers has a distinctive ring on incoming calls for identification purposes. Priority Call - Allows a Customer to assign a maximum of fifteen (15) callers’ telephone numbers to a special list. The customer will hear a distinctive ring at his location when calls are received from callers’ telephone numbers on that list. Speed Calling 8 - Allows the Customer to dial an abbreviated code to originate a call to any of 8 programmed telephone numbers. Three-Way Calling - Allows the Customer to add a third party to an existing conversation. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 3 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.1 Optional Calling Features, (Cont’d.) 6.1.2 Rates A. Features Offered on a Monthly Basis The following optional calling features are offered to Customers on a monthly basis. Customers are allowed unlimited use of each feature. No usage sensitive charges apply. Multiline Customers must order the appropriate number of features based on the number of lines that will have access to the feature. Feature Monthly Recurring Charge Business Anonymous Call Rejection $3.00 Auto Call Back (*69) $4.00 Auto Redial $3.00 Call Forwarding - Busy Line $2.00 Call Waiting/ Call Waiting with Caller ID $6.00 Caller ID Name and Number $8.50 Distinctive Ringing $6.50 Priority Call $1.75 Speed Calling 8 $3.00 Speed Calling 30 $4.00 Three Way Calling $4.99 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.1 Optional Calling Features, (Cont’d.) 6.1.2 Rates, (Cont’d.) B. Features Offered on a Usage Sensitive Basis The following features are available to all local exchange Business line Customers where facilities and services permit. Customers may utilize each feature by dialing the appropriate access code. The Customer will be billed the Per Feature Activation Charge shown in the following table each time a feature is used by the Customer. Feature Per Use Busy Redial $0.75 Return Call $0.75 Three Way Calling $0.75 Call Trace $1.50 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.2 Directory Assistance Services A Customer may obtain assistance, for a charge, in determining a telephone number by dialing Directory Assistance Service. A Customer can also receive assistance by writing the Company with a list of names and addresses for which telephone numbers are desired. Local Directory Assistance Per Call Charge $1.25 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 6 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.3 Operator Services The Company’s operator services, available to presubscribed Customers, are accessible on a twenty- four (24) hour per day seven (7) days per week basis. In addition to the per call service charge, usage rates apply. The types of calls handled are as follows: Customer Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized Calling Card or Commercial Credit Card. The Customer must dial the destination telephone number where the capability exists for the Customer to do so. A separate rate applies in the event operator assistance is requested for entering the Customer’s card number for billing purposes. Operator Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized telephone Calling Card or Commercial Credit Card and the operator dials the destination telephone number at the request of the Customer. Person-to-Person - This charge applies in addition to usage charges for calls placed with the assistance of a Company operator to a particular party at the destination number. This charge applies regardless of billing method, including but not limited to billing to a Calling Card, Commercial Credit Card, Collect, by deposit of coins in Pay Telephones, or to a Third Party. Charges do not apply unless the specified party or an acceptable substitute is available. Third Party Billed - Provides the Customer with the capability to charge a local call to a third number which is different from the called or calling party. The party answering at the third number has the option to refuse acceptance of the charges in advance or when queried by the operator. Collect Calls - Provides the Customer with the capability to charge a call to the called party. On the operator announcement of a collect call, the called party has the option to refuse acceptance of charges in advance or when queried by the operator. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 7 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.3 Operator Services, (Cont’d.) 6.3.1 Local Usage Charges Usage charges for local operator assisted calls are those usage charges that would normally apply to the calling party’s service. In addition to usage charges, an operator assistance charge applies to each call. 6.3.2 Per Call Service Charges Customer Dialed Calling Card $0.75 Operator Dialed Calling Card $2.50 Operator Assisted Collect $2.50 3rd Party Billed $2.50 Person-to-Person $4.50 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 8 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.4 Busy Line Verification and Emergency Interrupt Service Upon request of a calling party the Company will verify a busy condition on a designated local service line. The operator will determine if the line is clear or in use and report to the calling party. At the request of the Customer, the operator will interrupt the call on the busy line. Emergency Interruption is only permitted in cases where the calling party indicates an emergency exists, requests interruption and the call has already been verified as busy. No charge will apply when the calling party advises that the call is to or from an official public emergency agency. Busy Verification and Interrupt Service is furnished where and to the extent that facilities permit. The Customer shall identify and save the Company harmless against all claims that may arise from either party to the interrupted call or any person. 6.4.1 Rates Busy Line Verification, per request: $2.50 Busy Line Interrupt, per request: $5.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 9 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.5 Directory Listing Service 6.5.1 General The following rates and regulations apply to standard listings in light face type in the white pages (alphabetical section) of the telephone directory and to the Directory Assistance records of the Company. Directory listings are limited to such information as is essential to the identification of the listed party. The listing of a service, commodity, or trade name is not permitted unless it is the name, or an integral part of the name, under which the Customer does business. A listing is limited to one line in the directory, except where in the judgment of the Company, more than one line is required to identify the Customer properly. In such cases, the additional lines required are provided at no extra charge. Listing services are available with all classes of main telephone exchange service. 6.5.2 Listings A. Primary Listing One listing, termed the primary listing, is included with each exchange access line or each joint user service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 10 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.5 Directory Listing Service, (Cont’d.) 6.5.2 Listings, (Cont’d.) B. Additional Listings Additional listings may be the listings of individual names of those entitle to use the customer’s service or, for business, Commissions, Divisions, Tradenames, etc. In connection with business service, regular additional listings are available only in the names of Authorized Users of the Customer’s service. Ordinarily, all additional listings are of the same address and telephone number as the primary listings, except as provided for joint user and alternate number listings. However, when it appears necessary as an aid to the use of the directory and provided satisfactory service can be furnished, a listing will be permitted under the address of a branch exchange, Centrex or extension of an exchange service line installed on the premises of the Customer, but at an address different from that of the attendant position of main service. Special types of additional listings, such as Alternate, Alpha and Informational, Duplicate and Reference Listings, Foreign Listings, etc. take the same business classification as the service with which such listings are furnished. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 11 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.5 Directory Listing Service, (Cont’d.) 6.5.2 Listings, (Cont’d.) C. Nonpublished Service The telephone numbers of nonpublished service are not listed in either the Company’s alphabetical directory or Directory Assistance records available to the general public. Non published information may be released to emergency service providers, to customers who subscribe to Company offerings which require the information to provide service and/ or bill their clients, or, to telephone customers who are billed for calls placed to or from nonpublished numbers and to entities which collect for the billed services. Nonpublished names and/or telephone numbers may also be delivered to customers on a call-by-call basis. Incoming calls to nonpublished service will be completed by the Company only when the calling party places the call by number. The Company will adhere to this practice not withstanding any claim the calling party may present, except claims of emergencies involving life and death. In such cases, the Company will call the non- published number and request permission to make an immediate connection to the calling party. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or willful misconduct, the Company is not liable for any damages that might arise from publishing a non-published number in the directory or disclosing it to some. If, in error, the telephone number is published in the directory, the Company’s only obligation is to credit or refund any monthly charges the Customer paid for non-published service. The Subscriber indemnifies (i.e., promises to reimburse the Company for any amount the Company must pay as a result of) and save the Company harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a non-published service or the disclosing of said number to any person. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 6 Original Page 12 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT’D.) 6.5 Directory Listing Service, (Cont’d.) 6.5.2 Listings, (Cont’d.) D. Nonlisted Service Non-listed service means that the Customer’s telephone number is not listed in the directory, but does it appear in the Company’s Directory Assistance Records. This service is subject to the rules and regulations for E911 service, where applicable. The Company will only complete calls to a nonlisted number, if requested by a caller, during the course of a directory assistance call completion service. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or willful misconduct, the Company is not liable for any damages that might arise from publishing a non-listed number in the directory or disclosing it to some. If, in error, the telephone number is listed in the directory, the Company’s only obligation is to credit or refund any monthly charges the Customer paid for nonlisted service. The subscriber indemnifies (i.e., promises to reimburse the Company for any amount the Company must pay as a result of) and save the Company harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a non-listed service or the disclosing of said number to any person. 6.5.3 Monthly Rates Monthly Rate Business Additional Listings $1.50 Nonlisted Service $2.00 Nonpublished Service $4.50 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 7 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 7 - CONTRACT SERVICES 7.1 Special Contract Arrangements At the option of the Company, services may be offered on a contract basis to meet specialized pricing requirements of the Customer not contemplated by this tariff. The terms of each contract shall be mutually agreed upon by the Customer and Company and may include discounts off of rates contained herein and waiver of recurring, nonrecurring, or usage charges. The terms of the contract may be based partially or completely on the term and volume commitment, type of access arrangement, mixture of services, or other distinguishing features. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices in other sections of the tariff. Service shall be available to all similarly situated Customers for a fixed period of time following the initial offering to the first contract Customer as specified in each individual contract. 7.2 Special Service Arrangements 7.2.1 If a Customer's requirements cannot be met by services included in this tariff, or pricing for a service is shown in this tariff as “ICB”, the Company will provide, where practical, special service arrangements at charges to be determined on an Individual Case Basis. These special service arrangements will be provided if the provision of such arrangements is not detrimental to any other services furnished under the Company's tariffs. 7.2.2 Special service arrangement rates are subject to revision depending on changing costs or operating conditions. 7.2.3 If and when a special service arrangement becomes a generically tariffed offering, the tariffed rate or rates will apply from the date of tariff approval. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 8 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 8 - SPECIAL ARRANGEMENTS 8.1 Non-Routine Installation and/or Maintenance At the Customer’s request, installation and/or maintenance may be performed outside Company regular business hours, or (in sole discretion of the Company and subject to any conditions it may impose) in hazardous locations. In such cases, charges based on the cost of labor, material, and 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho Issued: July 2, 2009 Effective Date: November 24, 2009 Issued By: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDL1001 Entelegent Solutions, Inc. Idaho Tariff No. 1 Section 9 Original Page 1 LOCAL EXCHANGE TELECOMMUNICATIONS TARIFF SECTION 9 - PROMOTIONS 9.1 Demonstration of Service From time to time the Company may demonstrate service for potential Customers by providing free use of its network on a limited basis for a period of time, not to exceed one (1) month. Demonstration of service and the type, duration or quantity of service provided will be at the Company’s discretion. 9.2 Special Promotions From time to time, the Carrier may provide promotional offerings to introduce a current or potential Subscriber to a service not being used by the subscriber. These offerings may be limited to certain dates, times or locations and may waive or reduce recurring or non-recurring charges. The Company will notify the Commission prior to the effective date of any promotional offering. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 28, 2010 Boise, Idaho