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HomeMy WebLinkAbout20090702Illustrative Tariff.pdfENi- -1- OJ r -0 ( APPLICATION OF ENTELEGENT SOLUTIONS, INC. EXHIBITH ILLUSTRTIE LOCAL EXCHAGE TARF RECEIVED 2009 JUl -2 PH 12:40 IDAHO PüFH it"UTILITIES COM~~iŠStON Entelegent Solutions, Inc.Idaho Tariff No. 1 Original Title Page LOCAL EXCHANGE TELECOMMCATIONS TARF IDAHO TELECOMMICATIONS 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 pricipal offces at 3800 Arco Corporate Drive, Suite 310, Charlotte, Nort Carolina 28273, for services furnished within the State ofIdaho. This taiff is on fie with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company's principal place of business. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. I Preface Original Page 1 LOCAL EXCHAGE TELECOMMICATIONS TARIFF TABLE OF CONTENTS Title Page Title Preface Table of Contents Check Sheet Explanation of Symbols Application of Tariff Service Area Map Tariff Format 1 2 4 5 5 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 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Preface Original Page 2 LOCAL EXCHAGE TELECOMMICATIONS TARF 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 taiff Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Preface Original Page 3 LOCAL EXCHANGE TELECOMMICATIONS 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 i 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 fiing Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Preface Original Page 4 LOCAL EXCHANGE TELECOMMCATIONS TARF EXPLANATION OF SYMOLS 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 par 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Preface Original Page 5 LOCAL EXCHAGE TELECOMMCATIONS TARIF APPLICATION OF TARF 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 ofIdaho. Entelegents services are furnished subject to the availability of facilities and subject to the terms and conditions set forth herein. This taiff is on file with the Idaho Public Utilities Commission. In addition, this taiff is available for review at the main office ofEntelegent Solutions, Inc., at 3800 Arco Corporate Drive, Suite 310, Charlotte, Nort Carolina 28273. SERVICE ARA MA Entelegent Solutions, Inc. wil provide local exchange service in areas currently served by the ILEC throughout the State of Idaho. Local callng areas are as defined in Section 3 of this tariff. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Preface Original Page 6 LOCAL EXCHAGE TELECOMMICATIONS TARF TARF FORMT 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 fie 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 taiff 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. LA. 2.1. LA. 1. 2. 1. LA. l.(a). 2. 1. LA. l.(a).I. 2.1.1.A.1.(a).I.(i). 2.1.1.A.1.(a).I.(i).(l ). D. Check Sheets - When a taiff filing is made with the Commission, an updated Check Sheet accompanies the taiff fiing. 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 fiing are designated by an asterisk (*). There wil 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 paricular page is the most current on file with the Commission. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 1 Original Page 1 LOCAL EXCHAGE TELECOMMCATIONS TARF SECTION 1 - DEFINITIONS Advance Payment - Payment of all or par of a charge required before the sta of service. Authoriation 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 bil the call. All authorization codes shall be the sole propert of Carier and no Customer shall have any propert or other right or interest in the use of any particular authorization code. Automatic numbering identification (AN) may be used as or in connection with the authorization code. Authorized User - A person, corporation or other entity that is authoried 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 Identifcation (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 connectig to the Company's services. Customer Terminal Equipment - Terminal equipment provided by the Customer. Commission - Idaho Public Utilities Commission. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 1 Original Page 2 LOCAL EXCHANGE TELECOMMCATIONS TARF 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 Offce - 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 trnks. Entelegent - Entelegent Solutions, Inc., issuer of this taiff. 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, parership, association, joint-stock company, trst, 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 arangement 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 inabilty to complete calls due to equipment malfunctions or human errors. Interrption shall not include, and no allowance shall be given for service diffculties such as slow dial tone, circuits busy or other network and/or switching capabilty shortages. Nor shall Interrption include the failure of any service or facilities provided by a common carier or other entity other than the Carrier. Any Interrption allowance provided within this Tariffby Carier shall not apply where service is interrpted by the negligence or wilful act of the Customer, or where the Carier, pursuant to the terms of this Tariff, terminates service because of non-payment of bils, unlawfl or improper use of the Carier's facilities or service, or any other reason covered by this Tariff or by applicable law. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 1 Original Page 3 LOCAL EXCHAGE TELECOMMICATIONS TARF 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 biled 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 Distrct of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. TariffF .C.C. No.4, or its successor taiff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Local Callng - 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. MOD - Minutes of Use. NECA - National Exchange Cariers 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 1 Original Page 4 LOCAL EXCHANGE TELECOMMCATIONS TARIF 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 propert 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 facilty 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 paries 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 paries 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 + 1 O-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 "10XX" or "1 0 1XX" with 1 + 10-digit number." Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 1 Original Page 5 LOCAL EXCHANGE TELECOMMICATIONS TARIF 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, parership, 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 Originationrrermination - 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 biled to the interexchange carier. 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 facilties. User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service provided under this tariff. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 1 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertes to furnish communications service pursuant to the terms of this taiff 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 facilties 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 aranges for installation, operation, and maintenance of the communications services provided in this tarifffor 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 Facilties A.The Company reserves the right to limit or to allocate the use of existing facilties, or of additional facilities offered by the Company, when necessar because of lack of facilities, or due to some other cause beyond Company control. B.The furnishing of service under this taiff is subject to the availability on a continuing basis of all the necessar facilities and is limited to the capacity of the Company facilities as well as facilities the Company may obtain from other cariers to furnish service from time to time as required at the sole discretion of the Company. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 2 LOCAL EXCHAGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertking of the Company, (Contd.) 2.1.3 Terms and Conditions A.Service is provided on the basis of a minimum period of at least thirt (30) days, 24- hours per day. For the purpose of computing charges in this taiff, 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 wil 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 par upon notice. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this taiff 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 2 Original Page 3 LOCAL EXCHANGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.3 Terms and Conditions, (Contd.) D. Service may be terminated by Company upon wrtten notice to the Customer if: E. 1. the Customer is using the service in violation of this taiff; 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. This taiff 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 facilties needed by the other to reach a person or entity, the par 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 par, the Company and the other telephone company shall join the attempt to obtain from the owner of the propert access for the other par to serve a person or entity. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 4 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.4 Limitations on Liabilty 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 mistaes, omissions, interrptions, 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 interrptions in service as set fort in Section 2.7. B.Except for the extension of allowances to the Customer for interrptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third par for any direct, indirect, special, incidental, reliance, consequential, exemplar 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, interrption, 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 biling that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously biled. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 5 LOCAL EXCHANGE TELECOMMCATIONS TARIFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.4 Limitations on Liabilty, (Contd.) D. The Company shall be indemnified and saved harless by the Customer from and against all loss, liabilty, damage and expense, due to: 1.Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilties for use in conjunction with services or facilities provided by the Company; or (c) common carers 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, earhquakes, 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; unavailabilty, failure or malfunction of equipment or facilities provided by the Customer or third paries; and any law, order, regulation or other action of any governing authority or agency thereof; 3.Any unlawfl 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 facilties or services; 5.Breach in the privacy or security of communications transmitted over Company facilities; Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 6 LOCAL EXCHAGE TELECOMMICATIONS TARFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.4 Limitations on Liabilty, (Contd.) D. (Contd.) 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, facilties 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 2.1A.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 propert 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 constrction, installation, maintenance, presence, use or removal of the Customer's facilties or equipment connected, or to be connected to Company facilties; 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. Issued: July 2, 2009 Effective Date: David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 Issued By: ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 2 Original Page 7 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.4 Limitations on Liabilty, (Contd.) E.The Company does not guarantee nor make any waranty with respect to instalations 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 waranties of merchantabilty or fitness for a paricular use, except those expressly set fort 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 wilful misconduct, no liability for damages arsing from errors or mistaes in or omissions of directory listings, or errors or mistakes in or omissions oflisting obtainable from the directory assistace operator, including errors in the reporting thereof, shall attch to the Company. An allowance for errors or mistaes in or omissions of published directory listings or for errors or mistaes in or omissions of listing obtainable from the directory assistace operator shall be at the monthly taiff 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 8 LOCAL EXCHAGE TELECOMMICATIONS TARFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Contd.) 2.1.4 Limitations on Liabilty, (Contd.) I. With respect to Emergency Number 911 Service 1.This service is offered solely as an aid in handling assistace calls in connection with fire, police and other emergencies. The Company is not responsible for any losses, claims, demands, suits or any liabilty whatsoever, whether suffered, made instituted or asserted by the Customer or by any other part or person for any personal injury or death of any person or persons, and for any loss, damage or destrction of any propert, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interrptions, 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 infrgement, 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 part or paries 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 anyone of them. 3.When a Customer with a nonpublished telephone number, as defmed herein, places a call to the emergency 911 service, the Company wil release the name and address of the callng par, where such information can be determined, to the appropriate local governental authority responsible for emergency 911 service upon request of such governental authority. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 2 Original Page 9 LOCAL EXCHANGE TELECOMMCATIONS TARFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.5 Notification of Service-Affecting Activities The Company wil 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 rearangements 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 wil work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplaned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. I Section 2 Original Page 10 LOCAL EXCHANGE TELECOMMCATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.6 Provision of Equipment and Facilties A.The Company shall use reasonable efforts to make available services to a Customer on or before a paricular 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 effort to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearange, 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 rearange 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 diffculty or trouble report results from the use of equipment or facilities provided by any part other than the Company, including but not limited to the Customer. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 11 LOCAL EXCHANGE TELECOMMCATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Contd.) 2.1.6 Provision of Equipment and Facilties, (Contd.) 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 responsibilty of the Company shall be limited to the furnishing of facilities offered under this taff 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 wil apply. If installation is stared 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 12 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Contd.) 2.1.8 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this taiff, special constrction of facilities may be underten on a reasonable efforts basis at the request of the Customer. Special constrction is that constrction underten: A. where facilities are not presently available, and there is no other requirement for the facilities so constrcted; B. of a tye 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 utilze in the furnishing of its services; D. in a quantity greater than that which the Company would normally constrct; E. on an expedited basis; F. on a temporar basis until permanent facilities are available; G. involving abnormal costs; or H. in advance of its normal constrction. 2.1.9 Ownership of Facilties Title to all facilties provided in accordance with this tariff remains in the Company, its parers, agents, contractors or suppliers. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 13 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawfl 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 liabilty 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 wil 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 wil be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariffwil apply. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 14 LOCAL EXCHANGE TELECOMMCATIONS TARIFF SECTION 2 - RULES AN 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 necessar order, complying with taiff regulations; payment of charges for services provided. Specific Customer responsibilties include, but are not limited to the following: A.the payment of all applicable charges pursuant to this taiff 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 wilful misconduct of the employees or agents ofthe 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 necessar to maintain the proper operating environment on such premises; D.obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduits necessar for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or propert 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 strcture 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 demonstrte its compliance with this section prior to accepting an order for service; Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 15 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN 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 propert might result from installation or maintenance by the Company. The Customer shall be responsible for identifyg, monitorig, removing and disposing of any hazardous material (e.g., asbestos) prior to any constrction 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.l.D.; and granting or obtaining permission for Company agents or employees to enter the premises ofthe Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; G.not creating, or allowing to be placed, any liens or other encumbrances on Company equipment or facilities; and H.making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance wil be made for the period durig which service is interrpted for such purposes. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 16 LOCAL EXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.3 Obligations of the Customer, (Contd.) 2.3.2 Liabilty of the Customer A.The Customer wil 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 offcers, 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 harless the Company from and against all claims, actions, damages, liabilities, costs and expenses, for (l) any loss, destrction or damage to propert of any third par, and (2) any liability incurred by the Company to any third par pursuant to this or any other rate sheet of the Company, or otherwise, for any interrption of, interference to, or other defect in any service provided by the Company to such third par. C.The Customer shall not assert any claim against any other Customer or user of Company services for damages resulting in whole or in par from or arising in connection with the furnishing of service under this rate sheet including but not limited to mistakes, omissions, interrptions, 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 paries for damages of any nature other than those described in the preceding sentence. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 17 LOCAL EXCHANGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AN 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 wil be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this taiff. 2.4.2 Station Equipment A.Terminal equipment on the User's Premises and the electrc 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 18 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels, (Contd.) 2.4.3 Interconnection of Facilties A.Any special interface equipment necessar 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 cariers only when authorized by, and in accordance with, the terms and conditions ofthe tariffs of the other communications cariers that are applicable to such connections. C.Facilties furnished under this taff 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 facilties that are used in whole or in par for interstate communications to services provided under this taiff 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). Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 19 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AN 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 necessar to determine that the Customer is complying with the requirements set fort in Section 2A.2.A. for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilties and equipment to Company-òwned 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 necessar to protect its facilities, equipment, and personneL. The Company wil notify the Customer promptly if there is any need for furter 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 tae whatever additional action is deemed necessar, including the suspension of service, to protect its facilities, equipment and personnel from har. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 20 LOCAL EXCHAGE TELECOMMICATIONS 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 taes 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 biled 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 wil only be charged once, on either an interstate or intrastate basis, for any nonrecurring charges. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 21 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.2 Biling 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 thir (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 Recurrg Charges shall be due and payable within thir (30) days after the invoice date unless otherwise agreed to in advance. When biling is based on customer usage, charges wil be billed monthly for the preceding biling 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 wil be calculated on a pro rata basis. For this purpose, every month is considered to have thirt (30) days. D.Biling of the Customer by the Company wil 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 facilty is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the pares, or if the service or facility does not conform to standards set fort in this tariff or the Service Order. Biling accrues through and includes the day that the service, circuit, arrangement or component is discontinued. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 2 Original Page 22 LOCAL EXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.2 Biling and Collection of Charges, (Cont'd.) E.If any portion of the payment is not received by the Company, or if any porton of the payment is received by the Company in funds that are not immediately available, thirt (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 biled as local taes multiplied by 1.5%. F.The Customer wil 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 wil 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 23 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.3 Disputed Bils A.In the event that a biling dispute occurs concerning any charges biled to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bil to avoid discontinuance of service for non-payment. The Customer must submit a documented claim for the disputed amount. The Customer wil 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 biling 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 fie 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 witheld the disputed amount, no interest credits or penalties wil apply. D.If the dispute is resolved in favor of the Company and the Customer has witheld the disputed amount, payment is due within 5 days of notice of resolution or late fees and penalties wil apply. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 24 LOCAL EXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.4 Advance Payments A.Advance payments are not required of residential Customers. B.F or commercial Customers, the Company may require a Customer to make an advance payment before services and facilties are furnished. The advance payment wil 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 constrction is involved, the advance payment may also include an amount equal to the estimated non- recurring charges for the special constrction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment wil be credited to the Customer's initial bil. An advance payment may be required in addition to a deposit. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 25 LOCAL EXCHANGE TELECOMMCATIONS TARFF SECTION 2 - RULES AN 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 wil 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 bil for residential Customers whose bils 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 wil change. 3.The making of a deposit shall not relieve any Customer of the obligation to pay current bils when due. A deposit shall only be applied to the indebtedness of the Customer for jurisdictional telecommunications services of the provider. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 26 LOCAL EXCHAGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Cont'd.) 2.5.5 Deposits, (Contd.) A. Commercial Customers, (Contd.) 4.The Company wil 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 wil 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 wil 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 wil provide the Customer a receipt showing the deposit date, the name and biling 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 wil promptly refund any deposit, plus accrued simple interest, or the balance, if any, in excess of the unpaid bils 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 wil be refunded after twelve months of timely payment, with interest as specified above. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 27 LOCAL EXCHAGE TELECOMMCATIONS TARF SECTION 2 - RULES AN 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 star of service or prior to any special constrction, no charges wil 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 constrction, 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 wil be based on such elements as the cost of the equipment, facilities, and material, the cost of instllation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taes, provision for return on investment, and any other costs associated with the special constrction or arangements. D.Special charges described in 2.5.6.A. though 2.5.6.C. wil be calculated and applied on a case-by-case basis. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 28 LOCAL EXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Payment Arrangements, (Contd.) 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 2 Original Page 29 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN 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 bils 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 wil be given five (5) days written notice and residential Customers wil 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 Entelegents rules and regulations on fie 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 propert or purpose than that described in the application. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 30 LOCAL EXCHAGE TELECOMMCATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.6 Discontinuance of Service, (Cont'd.) 2.6.5 Without notice in the event of tapering 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 F or 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 unlawfl 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 necessar to eliminate ilegal 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 3 1 LOCAL EXCHAGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.7 Allowances for Interruptions in Service Interrptions 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, wil be credited to the Customer as set forth in 2.7.1 for the part of the service that the interrption affects. 2.7.1 General A. Service Outage A credit allowance wil be given when service is interrpted, except as specified below. A service is interrpted 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 wil respond to a Customer's report of such a "service outage" in accordance with IDAP A 31.41.01 Rule 503. Customer's bils wil be appropriately and automatically credited pursuant to the terms of Rule 503. B. Receipt and Recording of Reports The Company wil 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 wil maintain an accurate record of trouble reports made by its Customers. This record wil 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 wil 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 wil be set in accordance with Rule 503. The Company wil make every reasonable attempt to fulfill repair commitments to its Customers. Customers wil 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 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 32 LOCAL EXCHAGE TELECOMMICATIONS TARFF SECTION 2 - RULES AN 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 wil: 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 fort-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 wil credit the Customer's account for an amount equal to the monthly rate for one (l) month of basic local exchange service. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 33 LOCAL EXCHANGE TELECOMMCATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.7 Allowances for Interruptions in Service, (Contd.) 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 attibutable 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 wil 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 wil notify the Commission whenever the record indicates the ninety percent (90%) level has not been met for a period of thee (3) consecutive months. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 34 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.7 Allowances for Interruptions in Service, (Contd.) 2.7.2 Cancellation For Service Interruption Cancellation or termination for service interrption 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 35 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.8 Use of Customer's Service by Others 2.8.1 Joint Use Arrangements Joint use arrangements wil be permitted for all services provided under this taiff. From each joint use arrangement, one member wil be designated as the Customer responsible for the manner in which the joint use of the service wil be allocated. The Company wil accept orders to sta, rearange, 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 biled to it. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 36 LOCAL EXCHANGE TELECOMMCATIONS TARIFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.9 Cancellation of Serviceffermination Liabilty If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever other than a service interrption (as defined in Section 2.7.1 above), the Customer agrees to pay to the Company termination liabilty 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 Liabilty 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 Tarff for the balance of the then current term. Issued: July 2,2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 37 LOCAL EXCHANGE TELECOMMCATIONS TARFF SECTION 2 - RULES AN 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 par, except that the Company may assign its rights and duties: 2.10.1 to any subsidiar, parent company or affliate ofthe Company; or 2.10.2 pursuant to any sale or transfer of substatially all the assets of the Company; or 2.10.3 pursuant to any financing, merger or reorganization of the Company. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 38 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.11 Customer Liabilty 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 taiff. 2.11.1 Customer Liabilty 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 callng 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 biled 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 unauthoried use of a Company callng 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 callng 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 responsibilty is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third paries, the Customer's employees, or the public. The liability of the Customer for unauthorized use of the Network by credit card fraud wil not exceed the lesser of fift dollars ($50.00) or the amount of money, propert, labor, or services obtained by the unauthorized user before notification to the Company. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 39 LOCAL EXCHANGE TELECOMMCATIONS TARIF SECTION 2 - RULES AN 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 bils 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 bil for service to which the Customer shall mail payment on that bil. 2.12.3 Except as otherwise stated in this taff, all notices or other communications required to be given pursuant to this tariff wil be in writing. Notices and other communications of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the third business day following placement of the notice, communication or bil 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 par of any changes to the addresses designated for notices, other communications or biling, by following the procedures for giving notice set forth herein. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 40 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.13 Taxes, Fees and Surcharges The Company reserves the right to bil 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 taiff and wil be itemized separately on Customer invoices Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 2 Original Page 41 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 2 - RULES AN 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 par the new number provided existing central offce equipment wil 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 arangement of Company central offce and trnking facilities whereby any telephone user who dials the numbers 911 wil reach the emergency report center for the telephone from which the number is dialed or wil 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 wil be routed to an operator. No call-specific charges apply to 911 calls. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 3 Original Page 1 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 3 - SERVICE ARAS 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 4 Original Page 1 LOCAL EXCHANGE TELECOMMCATIONS TARF SECTION 4 - SERVICE CHAGES AN SURCHAGES 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 oftelephone 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 Primar Line Secondar Line Service Order Charge Moves/Adds/Changes Business $60.00 $60.00 $25.00 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 2 LOCAL EXCHANGE TELECOMMCATIONS TARIF SECTION 4 - SERVICE CHAGES AN SURCHAGES, (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. Installation Charge - 1 st Hour Repair Charge - 1 st Yi Hour Repair Charge - Each Add'l Yi Hour Business $120.00 $91.00 $46.00 4.3 Restoral Charge A restoration charge applies to the restoration of suspended service and facilties because of nonpayment of bils and is payable at the time that the restoration of the suspended service and facilities is aranged. The restoration charge does not apply when, after disconnection of service, service is later re-installed. Per occasion, per line: Business $40.00 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 3 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 4 - SERVICE CHAGES AN SURCHAGES, (CONT'D.) 4.4 Carrier Presubscription 4.4.1 General Carrier Presubscription is a procedure whereby a Customer designates to the Company the carier that the Customer wishes to be the carier of choice for IntraLA TA and InterLATA toll calls. Such calls are automatically directed to the designated carer, without the need to use carier access codes or additional dialing to direct the call to the designated carier. Presubscription does not prevent a Customer who has pre subscribed to an IntraLATA or InterLAT A toll carier from using carier access codes or additional dialing to direct calls to an alternative long distance carier on a per call basis. 4.4.2 Presubscription Options - Customers may select the same carier or separate cariers for IntraLATA and InterLATA long distace. The following options for long distance Pre subscription are available: Option A: Option B: Option C: Option D: Option E: Option F: Customer selects the Company as the presubscribed carier for IntraLA T A and InterLATA toll calls subject to presubscription. Customer may select the Company as the presubscribed carier for IntraLATA calls subject to presubscription and some other carier as the presubscribed carier for interLATA toll calls subject to pre subscription. Customer may select a carier other than the Company for IntraLA TA toll calls subject to pre subscription and the Company for InterLATA toll calls subject to presubscription. Customer may select the carier other than the Company for both IntraLA TA and InterLATA toll calls subject to presubscription Customer may select two different carriers, neither being the Company for IntraLATA and InterLATA toll calls. One carier to be the Customers' primary intraLATA interexchange carier. The other carier to be the Customer's primar InterLATA interexchange carier. Customer may select a carier other than the Company for no presubscribed carer for IntraLA TA toll calls subject to pre subscription which wil require the Customer to dial a carrier access code to route all IntraLA TA toll calls to the carier of choice for each call. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 4 LOCAL EXCHANGE TELECOMMICATIONS TARIF SECTION 4 - SERVICE CHAGES AN SURCHAGES, (CONT'D.) 4.4 Carrier Presubscription, (Cont'd.) 4.4.3 Rules and Regulations Customers of record wil retain their primar interexchange carriere 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 intraLA T A Presubscription. Customers may change their selected Option and/or presubscribed toll carier at any time subject to charges specified in 4.4.5 below. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 5 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 4 - SERVICE CHARGES AN SURCHAGES, (CONT'D.) 4.4 Carrier Presubscription, (Cont'd.) 4.4.4 Presubscription Procedures A new Customer wil be asked to select intraLA TA and interLA TA toll cariers at the time the Customer places an order to establish local exchange service with the Company. The Company wil process the Customer's order for service. All new Customers' initial requests for intraLA T A 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 wil read a random listing of all available intraLA TA and interLATA carers to aid the Customer in selection. If selection is stil not possible, the Company wil inform the Customer that he/she wil be given 90 calendar days in which to inform the Company ofhislher choice for primar toll careres) free of charge. Until the Customer informs the Company ofhislher choice of priar toll carer, the Customer wil not have access to long distace services on a presubscribed basis, but rather wil be required to dial a carrier access code to route all toll calls to the carieres) of choice. Customers who inform the Company of a choice for toll carier presubscription within the 90 day period wil not be assessed a service charge for the initial Customer request. Customers of record may initiate a intraLA TA or interLAT A 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 carers available for toll presubscription, the Company wil read a random listing of all available intraLATA carriers to aid the Customer in selection. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 6 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 4 - SERVICE CHAGES AN SURCHAGES, (CONT'D.) 4.4 Carrier Presubscription, (Contd.) 4.4.5 Presubscription Charges A. Application of Charges After a Customer's initial selection for a presubscribed toll carier and as detailed in Paragraph 4.4.4 above, for any change thereafter, an Presubscription Change Charge, as set for the below wil apply. Customers who request a change in intraLATA and interLA TA cariers with the same order wil be assessed a single charge per line. B. Nonrecurring Charges Per business or residence line, trnk, or port Initial Line, or Trunk or Port Additional Line, Trunk or Port $5.00 $5.00 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 4 Original Page 7 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 4 - SERVICE CHAGES AN SURCHAGES, (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 instrment 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 cariers. 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 wil 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 biled on a subsequent invoice after the Company has obtained information from a carier that the originating station is an eligible pay telephone. Rate Per Call:$0.60 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 5 Original Page 1 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 5 - LOCAL EXCHAGE 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 tye 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. I Section 5 Original Page 2 LOCAL EXCHANGE TELECOMMCATIONS TARIF SECTION 5 - LOCAL EXCHAGE 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 par. Answerig is determined by hardware answer supervision in all cases where this signaling is provided by the terminating local carier and any intermediate carrieres). 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 callng par hangs up or the Company network receives an off-hook signal from the terminating carier. 5.2.4 Calls originating in one time period and terminating in another wil be biled in proportion to the rates in effect during different segments of the call. 5.2.5 All times refer to local time. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 5 Original Page 3 LOCAL EXCHANGE TELECOMMCATIONS TARIF SECTION 5 - LOCAL EXCHAGE 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 fort in this tariff; C. access interexchange calling services of the Company and of other cariers; D. access (at no additional charge) to Company operators and business offce 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 canot 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 wil 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 callng appropriate to the tariffed use offering selected by the Customer. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 5 Original Page 4 LOCAL EXCHANGE TELECOMMCATIONS TARIFF SECTION 5 - LOCAL EXCHAGE 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 trnks are provided on a single par (individual) basis only. No multi-par lines are provided. Recurring charges for Flat Rate Local Exchange Service are biled monthly in advance. Non- recurring charges for installation or rearangement of service are biled on the next month's bil imediately following work performed by the Company. Flat Rate Local Exchange Service includes unlimited local exchange calling per month. Monthly Rate, per line: Business $60.00 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 1 LOCAL EXCHAGE TELECOMMCATIONS TARF SECTION 6 - SUPPLEMENTAL SERVICES 6.1 Optional Callng Features The features in this section are made available on an individual basis or as par of multiple feature packages. All features are provided subject to availabilty; features may not be available with all classes of service. Transmission levels may not be suffcient in all cases. 6.1.1 Feature Descriptions Anonymous Call Rejection - Gives the Customer the abilty 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 par 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 anouncement 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 wil be forwarded. Call Trace - Allows a called part 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 il - 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 2 LOCAL EXCHAGE TELECOMMCATIONS TARIF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.1 Optional Callng Features, (Contd.) 6.1.1 Feature Descriptions, (Cont'd.) Caller il-Number Only - Provides for the display ofthe callng part telephone number on Caller ID compatible Customer premises equipment. Caller il Name and Number - Provides for the display of the callng par 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 wil hear a distinctive ring at his location when calls are received from callers' telephone numbers on that list. Speed Callng 8 - Allows the Customer to dial an abbreviated code to originate a call to any of 8 programmed telephone numbers. Three-Way Callng - Allows the Customer to add a third par to an existing conversation. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 3 LOCAL EXCHAGE TELECOMMCATIONS TARF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.1 Optional Callng 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. Multilne Customers must order the appropriate number of features based on the number of lines that wil have access to the feature. Feature Anonymous Call Rejection Auto Call Back (*69) Auto Redial Call Forwarding - Busy Line Call Waiting! Call Waiting with Caller ID Caller ID Name and Number Distinctive Riging Priority Call Speed Calling 8 Speed Calling 30 Three Way Callng Monthly Recurring Charge Business $3.00 $4.00 $3.00 $2.00 $6.00 $8.50 $6.50 $1.75 $3.00 $4.00 $4.99 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 6 Origial Page 4 LOCAL EXCHAGE TELECOMMCATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.1 Optional Callng Features, (Cont'd.) 6.1.2 Rates, (Contd.) B. Features Offered on a Usage Sensitive Basis The following featues are available to all local exchange Business line Customers where facilties and services permit. Customers may utilize each feature by dialing the appropriate access code. The Customer wil be biled the Per Feature Activation Charge shown in the following table each time a feature is used by the Customer. Feature Busy Redial Return Call Three Way Callng Call Trace PerUse $0.75 $0.75 $0.75 $1.50 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 6 Original Page 5 LOCAL EXCHAGE TELECOMMICATIONS TARF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.2 Directory Assistance Services A Customer may obtain assistace, 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 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 6 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.3 Operator Services The Company's operator services, available to pre subscribed 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 tyes of calls handled are as follows: Customer Dialed Callng/Credit Card Call- This charge applies in addition to usage charges for station to station calls biled to an authorized Callng 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 assistace is requested for entering the Customer's card number for biling purposes. Operator Dialed Callng/Credit Card Call - This charge applies in addition to usage charges for station to station calls biled 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 part at the destination number. This charge applies regardless of biling method, including but not limited to biling to a Calling Card, Commercial Credit Card, Collect, by deposit of coins in Pay Telephones, or to a Third Part. Charges do not apply unless the specified par or an acceptable substitute is available. Third Part Biled - Provides the Customer with the capability to charge a local call to a third number which is different from the called or calling par. The part 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 par. On the operator announcement of a collect call, the called par has the option to refuse acceptace of charges in advance or when queried by the operator. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tarff No. 1 Section 6 Original Page 7 LOCAL EXCHANGE TELECOMMICATIONS TARF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.3 Operator Services, (Contd.) 6.3.1 Local Usage Charges Usage charges for local operator assisted calls are those usage charges that would normally apply to the callng par's service. In addition to usage charges, an operator assistace charge applies to each call. 6.3.2 Per Call Service Charges Customer Dialed Callng Card Operator Dialed Calling Card $0.75 $2.50 Operator Assisted Collect 3rd Par Biled Person-to- Person $2.50 $2.50 $4.50 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 8 LOCAL EXCHANGE TELECOMMICATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.4 Busy Line Verifcation and Emergency Interrupt Service Upon request of a calling par the Company wil verify a busy condition on a designated local service line. The operator wil determine if the line is clear or in use and report to the callng par. At the request of the Customer, the operator wil interrpt the call on the busy line. Emergency Interrption is only permitted in cases where the calling par indicates an emergency exists, requests interrption and the call has already been verified as busy. No charge wil apply when the calling part advises that the call is to or from an official public emergency agency. Busy Verification and Interrpt Service is furnished where and to the extent that facilities permit. The Customer shall identify and save the Company harless against all claims that may arise from either par to the interrpted call or any person. 6.4.1 Rates Busy Line Verification, per request: Busy Line Interrpt, per request: $2.50 $5.00 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDI0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 9 LOCAL EXCHAGE TELECOMMICATIONS TARIF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.5 Directory Listing Service 6.5.1 General The following rates and regulations apply to stadard listings in light face tye in the white pages (alphabetical section) of the telephone directory and to the Directory Assistace records of the Company. Directory listings are limited to such information as is essential to the identification of the listed par. The listing of a service, commodity, or trade name is not permitted unless it is the name, or an integral par 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 primar listing, is included with each exchange access line or each joint user service. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 10 LOCAL EXCHANGE TELECOMMCATIONS TARIFF SECTION 6 - SUPPLEMENTAL SERVICES, (CONT'D.) 6.5 Directory Listing Service, (Cont'd.) 6.5.2 Listings, (Contd.) 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 primar listings, except as provided for joint user and alternate number listings. However, when it appears necessar as an aid to the use of the directory and provided satisfactory service can be furnished, a listing wil 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 tyes 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 11 LOCAL EXCHANGE TELECOMMICATIONS 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 Assistace 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 bil their clients, or, to telephone customers who are biled for calls placed to or from nonpublished numbers and to entities which collect for the biled services. Nonpublished names and/or telephone numbers may also be delivered to customers on a call-by-call basis. Incoming calls to nonpublished service wil be completed by the Company only when the calling par places the call by number. The Company wil adhere to this practice not withstading any claim the calling part may present, except claims of emergencies involving life and death. In such cases, the Company wil call the non- published number and request permission to make an immediate connection to the callng par. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or wilful 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 harless 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 6 Original Page 12 LOCAL EXCHANGE TELECOMMICATIONS TARIF 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 wil only complete calls to a nonlisted number, if requested by a caller, during the course of a directory assistace 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 wilful 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 harless 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 Additional Listings N onlisted Service Nonpublished Service Monthly Rate Business $1.50 $2.00 $4.50 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 7 Original Page 1 LOCAL EXCHANGE TELECOMMCATIONS TARF 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 parially or completely on the term and volume commitment, tye of access arangement, 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 taiff, or pricing for a service is shown in this tariff as "ICB", the Company wil provide, where practical, special service arangements at charges to be determined on an Individual Case Basis. These special service arangements wil be provided if the provision of such arangements is not detrental to any other services furnished under the Company's taiffs. 7.2.2 Special service arangement rates are subject to revision depending on changing costs or operating conditions. 7.2.3 If and when a special service arangement becomes a generically taffed offerig, the taiffed rate or rates wil apply from the date of taiff approval. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 8 Original Page 1 LOCAL EXCHANGE TELECOMMCATIONS TARF SECTION 8 - SPECIAL ARGEMENTS 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 wil apply. If installation is stared 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDl0900 Entelegent Solutions, Inc.Idaho Tariff No. 1 Section 9 Original Page 1 LOCAL EXCHANGE TELECOMMICATIONS TARFF 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 tye, duration or quantity of service provided wil be at the Company's discretion. 9.2 Special Promotions From time to time, the Carier 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 wil notify the Commission prior to the effective date of any promotional offering. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 ID10900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Title Page INTEREXCHANGE TELECOMMICATIONS TARIF INTEREXCHANGE TELECOMMUICATIONS TARF OF IDAHO ENTELEGENT SOLUTIONS, INC. This tariff contains the descriptions, regulations, and rates applicable to the furnishing of service and facilties for interexchange telecommunications services provided by Entelegent Solutions, Inc., ("Entelegent") with principal offces located at 3800 Arco Corporate Drive, Suite 310, Charlotte, North Carolina 28273. This tariff is on file with the Idaho Public Utilties Commission, and copies may be inspected, during normal business hours, at the Company's principal place of business. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 1 INTEREXCHANGE TELECOMMICATIONS TARIFF CHECK SHEET All sheets of this tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and/or revised sheets as named below comprise all changes from the original tariff and are currently in effect as of the date of the bottom of this page. PAGE REVISION PAGE REVISION Title Original * 1 Original * 2 Original * 3 Original * 4 Original * 5 Original * 6 Original * 7 Original * 8 Original * 9 Original * 10 Original * 11 Original * 12 Original * 13 Original * 14 Original * 15 Original * 16 Original * 17 Original * 18 Original * 19 Original * 20 Original * 21 Original * 22 Original * 23 Original * * - indicates those pages included with this filing Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte,NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 2 INTEREXCHAGE TELECOMMICATIONS TARIFF TABLE OF CONTENTS COVER PAGE Title CHECK SHEET 1 TABLE OF CONTENTS 2 EXPLANATION OF SYMOLS 3 TARIF FORMT 4 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS 5 SECTION 2 - RULES AND REGULATIONS 6 SECTION 3 - DESCRIPTION OF SERVICE 19 SECTION 4 - RATES 22 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 3 INTEREXCHAGE TELECOMMICATIONS TARIF 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 par 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. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 4 INTEREXCHAGE TELECOMMICATIONS TARIF TARIF FORMT 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 fie 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. LA. L. 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 wil 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 fie with the Commission. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 5 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 1 - TECHNCAL TERMS AND ABBREVIATIONS Access Line - An arrangement which connects the customer's location to an Entelegent Solutions, Inc. switching center or point of presence. Account Codes - Optional, customer defined digits that allow the customer to identify the individual user, department, or client associated with a call. Authorized User - A person, firm, corporation, or any other entity authorized by the Customer to communicate utilzing the Carrier's service. Call- A completed connection established between a callng station and one or more called stations. Customer - The person, firm, corporation, or other entity which orders, cancels, amends, or uses service and is responsible for payment of charges and compliance with the Company's tariff. Commission - refers to Idaho Public Utilties Commission. Company or Carrier - Entelegent Solutions, Inc. unless otherwise clearly indicated by the context. LEC - Local Exchange Company. Special Access Origination - Where originating access between the customer and the interexchange carier is provided on dedicated circuits. The cost of these dedicated circuits is biled by the access provider directly to the end user. Switched Access Origination - Where originating access between the customer and the interexchange carer 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 biled to the interexchange carrier. Travel Card - A proprietary calling card offered by the Company which enables the Customer to use the Company's service by dialing a Company-provided access number. V & H Coordinates - Geographic points which define the originating and terminating points of a call in mathematical terms so that the airline mileage of the call may be determined. Call mileage is used for the purpose of rating calls. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 6 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS 2.1 Undertaking ofthe Company The Company's services and facilities are furnished for communications within the State of Idaho under terms of this tariff. The Company undertakes to provide the services offered in this tariff 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 cariers or entities, when authorized by the Customer, to allow connection of a Customer's location to the Company. The Customer shall be responsible for all charges due for such service arangement. The Company's services and facilities are provided on a monthly basis unless otherwise provided, and are available twenty-four hours per day, seven days per week. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 7 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.2 Limitations 2.2.1 Service is offered subject to the availability of the necessar facilities and equipment, or both facilties and equipment, and subject to the provisions of this tariff. 2.2.2 The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this tariff, or in violation of the law. 2.2.3 The Company does not underte to transmit messages, but offers the use of its facilities when available, and wil not be liable for errors in transmission or for failure to establish connections. 2.2.4 All facilities provided under this tariff are directly controlled by the Company and the Customer may not transfer or assign the use of service or facilties without the express written consent of the Company. Such transfer or assignment shall only apply where there is no interrption of the use or location of the service or facilities. 2.2.5 Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service. 2.3 Use Services provided under this tariff may be used for any lawful purpose for which the service is technically suited. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 8 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.4 Liabilties of the Company 2.4.1 The Company's liability for damages arising out of mistakes, interrptions, omissions, delays, errors, or defects in transmission which occur in the course of furnishing service or facilties, in no event shall exceed an amount equivalent to the proportionate charge to the Customer for the period during which the faults in transmission occur. 2.4.2 The Company shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage), for any interrption, delay, error, omission, or defect in any service, facility or transmission provided under this tariff, if caused by any person or entity other than the Company, by any malfunction of any service or facility provided by any other carrier, by an act of God, fire, war, civil disturbance, or act of government, or by any other cause beyond the Company's direct control. 2.4.3 The Company shall not be liable for, and shall be fully indemnified and held harless by Customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion, infrgement of copy-right or patent, unauthorized use of any trademark, trade name, or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, propert or entity arising out of the material, data, information, or other content revealed to, transmitted, or used by the Company under this taiff; or for any act or omission of the Customer; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not directly caused by negligence of the Company. 2.4.4 No agent or employee of any other carrier shall be deemed to be an agent or employee of the Company. 2.4.5 The Company shall not be liable for any defacement of or damages to the premises of a Customer resulting from the furnishing of service which is not the direct result of the Company's negligence. 2.4.6 No third part provider or their directors, officers or employees that are directly or indirectly associated with the Company's performance of our services shall be liable to the Customer for any special, indirect, incidental, consequential, reliance, exemplary, punitive or other damages arising out of a service failure. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 9 INTEREXCHAGE TELECOMMICATIONS TARIF 2.5 Deposits SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.5.1 Commercial Customers A. B. 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 wil be required of a Customer which has established satisfactory credit and has no history of late payments to the Company. 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 bil for residential Customers whose bils 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 wil change. C.The making of a deposit shall not relieve any Customer of the obligation to pay current bils when due. A deposit shall only be applied to the indebtedness of the Customer for jurisdictional telecommunications services of the provider. D.The Company wil 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 wil pay interest at the rate prescribed by the Commission. E.The Company shall keep a record of each cash deposit until the deposit is returned. The record wil 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 wil provide the Customer a receipt showing the deposit date, the name and biling address of the Customer and the deposit amount. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 10 INTEREXCHANGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.5 Deposits, (Contd.) 2.5.1 Commercial Customers, (Contd.) F.Upon discontinuance of service, or when a Customer has established credit by other means, the Company wil promptly refund any deposit, plus accrued simple interest, or the balance, if any, in excess of the unpaid bils 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. G.Deposits wil be refunded after twelve months of timely payment, with interest as specified above. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 11 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.6 Advance Payments 2.6.1 Advance payments are not required of residential Customers. 2.6.2 F or commercial Customers, the Company may require a Customer to make an advance payment before services and facilities are furnished. The advance payment wil 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 constrction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges for the special constrction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment wil be credited to the Customer's initial bil. An advance payment may be required in addition to a deposit. 2.7 Taxes and Fees 2.7.1 All state and local taxes (i.e., gross receipts ta, sales ta, municipal utilties ta) are listed as separate line items on the Customer's bil and are not included in the quoted rates and charges set forth in this taiff. 2.7.2 To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, insofar as practicable and allowed by law, be biled pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. 2.7.3 The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governenta or quasi-governental authorities to collect from or pay to others in support of statutory or regulatory programs. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 12 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.7 Taxes and Fees, (Contd.) 2.7.4 Pay Telephone Surcharge In order to recover the Company's expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company's services. The Pay Telephone Surcharge, which is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with the Company's service, applies for the use of the instrument used to access the Company service and is unrelated to the Company's service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and other interexchange cariers. The Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using the n#n symbol). Whenever possible, the Pay Telephone Surcharge wil 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 Pay Telephone Surcharge may be biled on a subsequent invoice after the Company has obtained information from a carier that the originating station is an eligible pay telephone. The Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Rate per Call, maximum $0.60 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 13 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.8 Terminal Equipment The Company's facilities and service may be used with or terminated in Customer-provided terminal equipment or Customer-provided communications systems, such as a PBX, key system, or Pay Telephone. Such terminal equipment shall be furnished and maintained at the expense of the Customer, except as otherwise provided. The Customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Company's service. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria stadards of the telecommunications industr as endorsed by the Federal Communications Commission. 2.9 Installation Service is installed upon mutual agreement between the Customer and the Company. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 14 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.10 Payment for Service The Customer is responsible for payment of all charges for services and equipment furnished to the Customer or to an Authorized User of the Customer by the Company. All charges due by the Customer are payable to the Company or to the Company's authorized biling agent. Terms of payment shall be according to the rules and regulations of the biling agent and subject to the rules of regulatory agencies, such as the Commission. Any objections to biled charges must be reported to the Company or its biling agent. Adjustments to Customer's bils shall be made to the extent that circumstaces exist which reasonably indicate that such changes are appropriate. The Company's bils are due upon receipt. Amounts not paid within 30 days from the due date of the invoice wil be considered past due. Customers may be assessed a late fee on past due amounts in the maximum lawful rate under applicable state law but shall not exceed a late fee of 1.5%. If a Customer presents an undue risk of nonpayment at any time, the Company may require that Customer to pay its bils within a specified number of days and to make such payments in cash or the equivalent of cash. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 15 INTEREXCHAGE TELECOMMICATIONS TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.11 Cancellation by Customer Customer may cancel service by providing 30 days written notice to the Company unless otherwise agreed to in the written service order. 2.12 Interconnection Service furnished by the Company may be connected with the services or facilties of other cariers. Such service or facilities, if used, are provided under the terms, rates, and conditions of the other carrier. The Customer is responsible for all charges biled by other cariers for use in connection with the Company's service. Any special interface equipment or facilties necessary to achieve compatibility between carriers is the responsibility of the Customer. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 16 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.13 Refusal or Discontinuance by Company The Company may refuse or discontinue service under the following conditions provided that, unless otherwise stated, the Customer wil be given 5 days notice to comply with any rule or remedy any deficiency: A. For non-compliance with or violation of any State, municipal, or Federal law, ordinance, or regulation pertaining to telephone service. B. For the use of telephone service for any other propert or purpose other than that described in the application. C. For neglect or refusal to provide reasonable access to the Company or its agents for the purpose of inspection and maintenance of equipment owned by the Company or its agents. D. For noncompliance with or violation of Commission regulations or the Company's rules and regulations on fie with the Commission, provided five (5) days' written notice is given before termination. E. For nonpayment of bils, provided that suspension or termination of service shall not be made without five (5) days written notice to the Customer, except in extreme cases. F. Without notice in the event of Customer or Authorized User use of equipment in such a maner as to adversely affect the Company's equipment or service to others. G. Without notice in the event of tampering with the equipment or services owned by the Company or its agents. H. Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessar to eliminate ilegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. I. Without notice by reason of any order or decision of a court or other government authority having jurisdiction which prohibits carier from furnishing such services. J. For periods of inactivity over sixty (60) days. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 17 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.14 Interruption of Service Credit allowances for interrptions of service which are not due to the Carier's testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications systems provided by the Customer, are subject to the general liability provisions set forth in Section 2.4 herein. It shall be the obligation of the Customer to notify carrier immediately of any interrption in service for which a credit allowance is desired by Customer. Before giving such notice, Customer shall ascertin that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by Customer and connected to Carier's terminaL. Interrptions caused by Customer- provided or Carrier-provided automatic dialing equipment are not deemed an interrption of service as defined herein since the customer has the option of using the long distance network via local exchange company access. 2.15 Inspection, Testing, and Adjustment Upon reasonable notice, the facilities provided by the Carrer shall be made available to the Carier for tests and adjustments as may be deemed necessary by the Carier for maintenance. No interrption allowance wil be granted for the time during which such tests and adjustments are made. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 18 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.16 Tests, Pilots, Promotional Campaigns and Contests The Carier may conduct special tests or pilot programs and promotions at its discretion to demonstrate the ease of use, quality of service and to promote the sale of its services. The Carier may also waive a portion of all processing fees or installation fees for winer of contests and other occasional promotional events sponsored or endorsed by the Carier. From time to time the Company may waive all processing fees for a Customer. 2.17 Reservation of Toll Free "800/888" Numbers The Company wil make every effort to reserve Toll Free "800/888" vanity numbers for customers, but makes no guarantee or waranty that the requested number(s) wil be available. 2.18 Portabilty of Toll Free "800/888" Numbers The Company wil paricipate in porting Toll Free "800/888" numbers only if the account balance is zero and all charges incurred as a result of the Toll Free "800/888" number have been paid. 2.19 Return Check Charge The Company reserves the right to assess a charge of$25.00, or the maximum amount allowed by law (whichever is less), whenever a check or draft present for payment of service not accepted by the institution upon which it is written. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 19 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 3 - DESCRITION OF SERVICE 3.1 Timing of Calls 3.1.1 Long distance usage charges are based on the actual usage of the Company's network. Chargeable time begins when a connection is established between the calling station and the called station. Chargeable time ends when either par "hangs up" thereby releasing the network connection. 3.1.2 Minimum call duration is specified for each product in Section 4 of this tariff. 3.1.3 Unless otherwise specified in this tariff, after the initial minimum period usage is beyond the minimum call duration is measured and rounded to the next higher six second increment for biling purposes. The initial minimum period for each product is specified in Section 4 of this taiff. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 20 INTEREXCHAGE TELECOMMICATIONS TARIF SECTION 3 - DESCRITION OF SERVICE, (CONT'D.) 3.2 Calculation of Distance Usage charges for all mileage sensitive products are based on the airline distace between the serving wire center locations associated with the originating and terminating points of the call. The distace between the originating and terminating points is calculated by using the "V" and "H" coordinates ofthe serving wire centers as defined by BellCore (Bell Communications Research), in the following maner: Step 1 Obtain the "V" and "H" coordinates for the serving wire center of the Customer's switch and the destination point. Step 2 Obtain the difference between the "V" coordinates of each of the serving wire centers. Obtain the difference between the "H" coordinates. Step 3 Square the differences obtained in Step 2. Step 4 Add the squares of the "V" difference and "H" difference obtained in Step 3. Step 5 Divide the sum of the square obtained in Step 4 by ten (10). Round to the next higher whole number if any fraction results from the division. Step 6 Obtain the square root of the whole number obtained in Step 5. Round to the next higher whole number if any fraction is obtained. This is the distace between the originating and terminating serving wire centers of the call. Formula: I Vi- Vi I i + I Hi- Hi I i 10 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 21 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 3 - DESCRITION OF SERVICE, (CONT'D.) 3.3 Direct Dial Service Direct Dial Service rates apply when the Customer dials the telephone number without the assistace of an operator and the call is biled to the callng number. Usage is biled in one (1) minute increments with a one (1) minute minimum period. 3.4 Directory Assistance Service A Directory Assistance charge applies to each call to the Directory Assistace Bureau. Up to two requests may be made on each call to Directory Assistance. The Directory Assistance charge applies to each call regardless of whether the Directory Assistance Bureau is able to furnish the requested telephone number. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 22 INTEREXCHANGE TELECOMMICATIONS TARIF SECTION 4 - RATES 4.1 General Each Customer is charged individually for each call placed though the carier. Charges are computed on an airline mileage basis as described in Section 3.2 of this tariff. Rates vary by mileage band, time of day, call duration and by originating and terminating access tye. Customers are biled based on their use of the Company's long distance service. 4.2 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, tye 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. 4.3 Special Service Arrangements 4.3.1 If a Customer's requirements canot be met by services included in this tariff, or pricing for a service is shown in this tariff as "ICB", the Company wil provide, where practical, special service arrangements at charges to be determined on an Individual Case Basis. These special service arrangements wil be provided if the provision of such arrangements is not detrimental to any other services furnished under the Company's tariffs. 4.3.2 Special service arrangement rates are subject to revision depending on changing costs or operating conditions. 4.3.3 If and when a special service arrangement becomes a generically tariffed offering, the tariffed rate or rates wil apply from the date of tariff approvaL. Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900 Entelegent Solutions, Inc.Idaho Tariff No. 2 Original Page 23 INTEREXCHAGE TELECOMMICATIONS TARIFF SECTION 4 - RATES, (CONT'D.) 4.4 Direct Dial Service Per Minute Usage Rate All Times of Day $0.25 4.5 Directory Assistance Service The charges as shown below apply for each request made to the Directory Assistace operator. Long Distance Directory Assistace (555-1212) Per Call: $1.99 Issued: July 2, 2009 Effective Date: Issued By:David Gibson, VP of Operations 3800 Arco Corporate Drive, Suite 310 Charlotte, NC 28273 IDi0900