20040301Application.pdf

IE" 5:0- T-- ofw (1/
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
Esodus Communications, Inc. d/b/a INSTATONE
F or a Certificate of Public Convenience
and Necessity to Provide Resold
Local Exchange Services in the State of Idaho
PUC Docket No:
APPLICATION FOR AUTHORITY TO PROVIDE
RESOLD LOCAL EXCHANGE SERVICES
Esodus Communications, Inc. d/b/a INST A TONE ("Applicant") respectfully requests that
the Idaho Public Utilities Commission ("Commission ) issue a Certificate of Public Convenience
and Necessity to provide resold local exchange services within the State ofldaho pursuant to Idaho
Code gg 61-526 through -528 andIDAPA 31.01.01.111. In support thereof, Applicant provides the
following information:
Proposed Services
Applicant proposes to provide resold local exchange services throughout the State of
Idaho in the territories of Qwest and Verizon. Applicant has no plans to build
facilities. Applicant will market services to primarily residential customers. The
Company has not provided service in Idaho. c.
-',
1C::'-?c;;:.': J)
Form of Business -rJ
\"'-1
,:;::r
:::: Pi
~--
Tl c-:~., rq.J
.e';:::
rr1
r--"
Name. Address and Form of Business
ry-
, "
e!"li"
...() --
0"\
Applicant is not a sole proprietorship.
:;:
if) (7;
;1:
r-O r::-::1
-,.
t:.::.:Ic.,.)
.,.-
Applicant is not a partnership.
(:)
Applicant is a corporation;
a short statement of the character of public service in which it may
engage
Applicant intends to provide resold local exchange services to
primarily residential customers.
the name of the state in which it is incorporated
Applicant is incorporated under the laws of the State of Florida.
its principal business address and
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 22786
its principal business address within Idaho
Applicant will not have a business address in Idaho.
a certified copy of its articles of incorporation
A copy of Applicant's Articles of Incorporation are attached as
Exhibit A.
if not incorporated in Idaho, a certificate of good standing issued by
the Secretary of State, and
Attached hereto as Exhibit B.
name and address of registered agent for service in Idaho.
CT Corporation System
300 North 6th Street
Boise, Idaho 83702
If a corporation, the names and addresses of the ten common stockholders of
applicant owning the greatest number of shares of common stock and the number of
such shares owned by each, as follows:
Name
and
Address
Percentage of
all Shares
Shares Issued and Percentage of
Owned Outstandin Votin Control
500 50%50%Michael Servos
1020 Spruce Drive
Belleair Beach, FL 33786
Vasilios Servos
1020 Spruce Drive
Belleair Beach, FL 33786
500 50%50%
III
N ames and addresses of the officers and directors of applicant.
Applicant's Officers and Directors are attached as Exhibit C.
Name and addresses of any corporation, association, or similar organization holding
a 5% or greater ownership or a management interest in the applicant. As to the
ownership, the amount and character of the interest must be indicated. A copy of any
management agreement must be attached.
See Number 2 above.
Names and addresses of subsidiaries owned or controlled by applicant.
Applicant does not own nor control any subsidiaries.
Applicant is not a limited liability company.
Telecommunications Service
The date on which applicant proposes to begin construction or anticipates it will
begin to provide service.
Applicant anticipates it will begin to provide service upon certification.
A written description of customer classes and customer service ( s) that the applicant
proposes to offer to the public.
Applicant proposes to offer all forms ofintrastate telecommunications services
including: Basic Residential Exchange Service (Local Exchange Flat Rate,
Measured Rate Service, and operator assistance); Residential Custom Class
Features (call waiting, caller ID, call forwarding, etc.); Adjunct Provider
Features (voice Message, etc.) and Residential Ancillary Services (911, directory
listing, directory assistance, etc.
Service Territory
A description sufficient for determining whether service is to be offered in a
particular location; and the names of all incumbent local exchange corporations with
whom the proposed utility is likely to compete.
Applicant seeks authority to resell local exchange services in the existing
services areas of US WEST and GTE.
Written description of the intended manner os service, for example, resold services
or facilities based. A general description of the property owned or controlled by
applicant.
Applicant will provide resold local exchange services. Applicant does not own
or control any property in the State of Idaho.
A statement describing with whom the applicant is likely to compete.
A description of the property owned by the applicant clarifies the applicant'
proposed services and operation.
Financial Information
Current detailed balance sheets, including
Attached hereto as Exhibit D.
a detailed income and profit and loss statements of applicant reflecting current and
prior year balances for the twelve months ended as of the date of the balance sheet
or if not readily available, for the period since the close of the preceding calendar
year.
Attached hereto as Exhibit E.
If a balance sheet and income statement are not available, the applicant must submit
financial data sufficient to establish it possesses adequate financial resources to
provide the proposed services.
N/A
Latest annual report, if any.
N/A
Illustrative" Tariff Filings
Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations
applicable to the contemplated service. .
Attached hereto as Exhibit Applicant submits an illustrative tariff containing terms
and conditions. Applicant has not made interconnection arrangements with the
incumbent local exchange carriers, therefore the tariff contains no rates. Applicant will
revise the tariff to include rates pending interconnection.
VII Customer contacts
Contact information for the applicant.
The name, address, and telephone number and electronic mailing addresses
(if available) of the person(s) responsible for consumer inquiries and
complaints from the public.
Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Telephone [phone]
Facsimile [phone]
E-mail commercxpo~aol.com
A toll-free number for customer inquiries and complaints.
800-REMINDER
The name, number and electronic mailing addresses (if available) of the
person(s) designated as a contact for the Commission Staff for resolving
complaints, inquiries and matters concerning rates and price lists or tariffs.
Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Telephone [phone]
Facsimile [phone]
E-mail commercxpo~aol.com
VIII Interconnection Agreements
Statements of whether the applicant has initiated interconnection negotiations. If yes
then when and with whom.
Applicant has not initiated interconnection negotiations at this time.
Compliance with Commission Rules
A written statement that the applicant has reviewed all of the Commission rules and
agrees to comply with them, or request for waiver of those rules believed to be
inapplicable.
Applicant has reviewed all of the Commission rules and agrees to comply with
them.
Escrow Account for Advance Deposits
If a company requires advance deposits by its customers, the company must submit
a signed copy of an escrow account with a bonded escrow agent or a security bond.
The escrow or bond shall be sufficient to meet customer deposit refunds in case of
company default.
Applicant will not require deposits or prepayments.
WHEREFORE, Esodus Communications, Inc. d/b/a INSTATONE requests that the Idaho
Public Utilities Commission approve the request authority to provide resold local exchange services
in Idaho.
Respectfully Submitted
VERIFICATION
Michael Servos, President of Esodus Communications, Inc. d/b/a INST A TONE, first being
duly sworn on oath, deposes and says that he has read the foregoing Application and verifies that the
statements made therein are true and correct to the best of his knowledge, information and belief.
Esodus Communications, Inc.
d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 3786
BY:
2003, by Michael Servos.
Michael
FwLll
(p! ~~
6d (6 --f)YThe foregoing instrument was acknowledged before me thi~ day of
l~~~'f~ ANITA BONI BECKER
:..:
~*'- MY COMMISSION # DD 030540
i.JI EXPIRES: June 19, 2005'ff Bonded Thru Notary Public Underwrite..
Notary Public
County of
State of
My Commission Expires
EXHIBIT A
Articles of Incorporation
April 24, 2001
~WI!
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
i~'
. --~ .
~rj!~l-"":"f."
'."
EARLY, LENNON , CROCKER & BARTOSIEWICZ, P.LC.ATTN: PATRICK D. CROCKER
900 COAMERICA BUILDING
KALAMAZOO, M I 49007-4752
Re: Document Number P98000094592
The Articles of Amendment to the Articles of Incorporation of EXCELINKCOMMUNICATIONS INC. which changed its name to ESODUS COMMUNICATIONS,INC., a Florida corporation, were filed on April 16, 2001.
Should you have any questions regarding this matter, please telephone [phone], the Amendment Filing Section.
Doug Spitler
Document Specialist
Division of Corporations Letter Number: 801 AOOO24156
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
ARTICLES OF INCORPORATION
Tht untkntgMd tntxJrpoMIrJ,.. jJ,. tire pwpo.r~ of fOrming Q CDI'pOrat/on undIr 1M F7ortdaB.utnas Corpof'Otion Act, Iwrrby odoptl tIw jiJlJowJng Artie/a of/nt;orpolvdon.
Y)
:..::.:
c:n ~~
% ':,:)~(:) ::::~
c: 0-1
I -,,~ -o
. ....
;;:Q _.
.... '
"":1"'-1
;) --.... fT:::1:10 7:.0;::'
:% ~......
S '
:';;~~ ::~ :::..... ~-- :~;.
la..C
The principal place ofbusinea and mailing address of this ~nd:iOD shall be:
1020 SPRUCE DRIVE
BELLEAIR BEACH, FL 33786
The nwnber of shares of stoc:Ic that this corporation is authorized to have OUtstanding lit anyone time iJ:1000 SHARES
AJtTlCLZ IV 1/ilTrAL JtWJ8Tau:D AG~ AND
~....
The namo and Florida Street address of the initia1 registeced IpDt are:MICHAEL SERVOS
1 020 SPRUCE DRIVE
BELLEAIR BEACH , FL 33786
AJrTlCLC V lNCORJ'ORAtPB
The .name and addrul of the incorporator to these Articles at Incxnpomion are:MICHAEL SERVOS
1020 SPRUCE DRIVE
BELLEAIR BEAC , FL 33786
tJcf-
D8te
(An additional well must be added if an effective date is requested.)
HIWing
".,.
1fQ1IMJ tU ~d
..",
tIftd 10 t1JCOqIt 6t1'ViCl/: 01 J'f'DCGr jo, tIw a/J(M st8II C'IOf'/IDI'OIIo III p/aCII: duiIfII*t/
",
tJrJ.s0I:I'ti/i"*. / how:by 8:apl 1M ~I tIf
~""" .",
tJItd tlB'N 10 oct br
"'"
QlJCiIy. I JWtMr apw to c:rMrpIy w,tIt JIf"lI\IlMoru of till k1 f1I'O1I'r tad CKJIIIpk- 01 "9'"
..
'-11. with (ft/ tIDl%pI oblJgtlIIOIU my lion ill 116m'
Dcl-It
...
AptIt
I' I;~:( ,
fir
f ,:
1 '
1' '
, Ii
,I:
., ,! !
I :
, I
, '
, i:
::, r:
:: ::
, i :
I :
I ;
! ~, ,
ii' I
, :
.i~1"'~:1':
~~.,,_
d!t-':t'l
:- -
~ f;
..' ":-.".--~ - ~~.,. '- ~~~;..
.JO-'i~'
, ,
~~;4- '
- ,.. .
A, -
~ I
, i
::FL()RlDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
I: Dec~mber 27, 2001
!j
f INSTATONE i; 1020 SPRUCE DR
~ BELLEAIR BEACH, FL! 337S6 ,J'
,i
i Subject: INSTATONE
j REGISTRATION NUM$ER:, GO1360900407
TtJlsi will ~cknowledge the fling of the above fictitious name registration which
iresis~ered on Dejpember 27 2001. This registration gives no rights to' Orn(ShiP
iOf the name.
Eaotjl fictitious name r~istrati!Jn _must be ,renewed every five years betw~en, Janyary 1 "and Dece~er ~1 -of -the expiration year to maintain registration.Three months prior to t"e e~lration' date a statement of renewal will be mailed.
':
:: IT IS THE RESPONSIRH.ITV OF THE BUSINESS TO NOTIFY THIS OFFICE, INWAlrlNG IF THEIR MAILING ADDRESS CHANGES. Whenever corresponding
I pleasE! provide assigne~ ReGistration Number., I
, ShoQJd you have any tj.aestibns regarding this matter you may contact our office
fi at [phone].
11/rjm -
l' Division of Gorporatlonu:--' - '" L-etterNo, ,801 AOOO67229i, 'I
I'
.. '.'-:' /,
I:; I
Ii'
! ': ":' ~, !
'i
Ii
Di~sion OfCo1':"oratiO~8 - P.O. BO~ 6327 -Tallahassee) Florida S23~:I '
' ,
EXHIBIT B
Certificate of Good Standing
tate of Idah
CERTIFICATE OF AUTHORITY
ESODUS COMMUNICATIONS, INC.
File Number C 150872
, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
Idaho Business Corporation Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate
of the application for such certificate.
Dated: i 6 September 2003
SECRETARY OF STATE
IDSOS Document Page 1 of
CERTIFICATE OF
ASSUMED BUSINESS NAME
PlirsuanttoSection 53-504, Idaho Code, the undersigned
sLibniitsfor filing a certificate ofAssum8dBuslneS$N~"'-
Please type or print legibly,
NOTE: See inS'tructions on rever$e before filing.
, -
i ,\TL
' -" ,
n1L..
, ;
;~;f \:,f\Df.'-HO
1. The assumed business name which the undersigned use(s) in the transactli:;)nofbusiness is:
, "
:4)-
:;~",...,,", '
2. Thetruename(s) and business address(es) of the entity or il'ldividual(s)doing business under the assumed business name:
' .,~~?
Name Complete Address ":::J,;:...
,.,j.
1020Spruce Drive, BelleairBeach. FLl~~!86, '
(.?
INSTATONE
:.",
EsodusCommunications, Inc.
" ," ,;
C. I S-O'F '7 :L..
3. The general type of business transacted under the assumed business name is:
Retail Trade EI Transportation and Public Utilities
Wholesale Trade Construction
Services 0 Agriculture
Manufacturing Mining
0 Finance, Insurance, and Real Estate
4. The name and address to Which future
correspondenoeshould be addressed:
Submit Certfficste of
Assumed. BlIsiness
Name and $20.00 fee to:
Secretary of State
700 West Jefferson
BasE!mentWest
Pp Box83720
Boise ID83720-00BO
208334-2301Michael Servos
1020 $prLJcg Drive, Belleair Beach, FL 33786
5. Name and address for this acknowledgment
copy Is (if other Ihan#4 above):
Phone number (Optional):
JamesA Curran, President; Corp. Guarantee
&T/'U$tCo;;TwoGreenwoocrSquare.Suite 110
Bensalem, PA
Secretary of Statu u'"" only
Signature:
Printed Name:
GapaC:ityrntle:President
~'"
E 8
~,,
:;d
1iJ
~. ,,.g~
()f10 '1 (j
IDIIHOSECRETAR,(. OF STilt(11/28/2083 85190
CKI U17 CTI 17217a BII: 7L266Z11 25~8I = 25.ASSUI IIIIJ!E I (see InsliUc1ion If 8 on back "!If fQrm)
------
1/2312004 10:09: 12 AM http://www.accessidaho.org/public/sos/corp/search.html?SearchFormstep=printdoc...
EXHIBIT C
Officers & Directors
Officers & Directors
Michael Servos
1020 Spruce Drive
Belleair Beach, FL 33786
Vasilios Servos
1020 Spruce Drive
Belleair Beach, FL 33786
President/Secretary Director
Vice- President/Treasurer Director
EXHIBIT D
Balance Sheet
ESODUS COMMUNICA TIONS~ INC
FINAL BALANCE SHEET
FOR THE 12 MONTHS ENDED DECEMBER 31, 2003
ASSETS
CASH ....................................................... $180,000
ACCOUNTS RECEIVABLE .......................... $ 210,000
LOCAL & LONG DISTANCE CERTIFICATES .5.00 000
FURNITURE & FIXTURES....................... on $ 30,000
TOTAL ASSETS ....."".................................. $ 1~9'201 OOO
LIABILITIES
ACCOUNT PA ABLE ............ ..................... $ 117 421
TOTAL LIABILITIES .....u.......................... $ 117A21
NETWORTH $ 1~802,479
MICHAEL SERVOS
PRESIDENT DEC-31-2003
EXHIBIT E
Income and Profit Loss Statement
ESODUS COMl\1UNICATIONS, INc.
FINAL :INCOME STATEMENT
FOR THE 12 MONTHS ENDED DECEMB,ER 31,2003
INCOME
COMMUNICA nON FEES $ l,\51,83--7
INHOUSE ADVERTISEMENT COMMISSION 4:~4
TOTAL INCOME
$ 1~161,2t,
EXPENSES
SALARIES 81,217
44,
9~il
8,8f:8
18,3J7
12,8~18
24,0(10
17,418
791
14,1~jl
693 1~;O
962,1B7
199,O~'
RENT
ADVERTISEMENTS
OFFICE SUPPLIES
TELEPHONE
LICENSES & FILLIN G FEES
LEGAL
TAXES
STATE COMMISSIONS
PROCESSING & FILLING
!LEeS COMMUNICA nON FEES
TOT ALEx.-P~SES
lX,ET INCOME
ESO CAnONs.mc
MICHAEL SERVOS
PRESIDENT
DECEMBER31~ :WO3
EXHIBIT F
Illustrative Tariff
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Preface - Original Title Page
REGULA nONS AND SCHEDULE OF INTRASTATE CHARGES
APPL YING TO END-USER
COMMUNICATION SERVICES WITHIN
THE STATE OF IDAHO
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Preface - Original Page 2
TABLE OF CONTENTS
EXPLANATION OF SYMBOLS, REFERENCE
MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS TARIFF
TABLE OF CONTENTS
Section
Preface
Page
Undertaking of the Company
Prohibited Uses
Obligations of the Customer
Customer Equipment and Channels
Payment Arrangements
Allowances for Interruptions
in Service
Use of Customer s Service
by Others
Cancellation of Service
Transfers and Assignments
Notices and Communications
Operator Services Rules
Preface
PrefaceAPPLICATION OF TARIFF
DEFINITIONS
REGULATIONS
2.3
2.4
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Preface - Original Page 3
TABLE OF CONTENTS
Section
EXCHANGE ACCESS SERVICE
3.2
General
Basic Line Service
Key Line Service
EXCHANGE ACCESS OPTIONAL FEATURES
4.1 Directory Listings
LOCAL CALLING SERVICE
5.2
Description
Rates
OPERATOR SERVICES
6.2
Description
Definitions
Rates
MISCELLANEOUS SERVICES
7.2
Service Implementation
Restoration of Service
Optional Exchange Access Service
Enhancement Features
SPECIAL ARRANGEMENTS
8.2
Special Construction
Individual Case Basis
(ICB) Arrangements
Temporary Promotional Programs
Page
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Preface - Original Page 4
EXPLANATION OF SYMBOLS REFERENCE
MARKS. AND ABBREVIATIONS OF TECHNICAL
TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location oftext.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate
or regulation.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST A TONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Preface - Original Page 5
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of
intrastate end-user communications services by Esodus Communications, Inc. d/b/a INST ATONE
hereinafter referred to as the Company, to customers within the State ofldaho.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 1 - Original Page 1
DEFINITIONS
Certain terms used generally throughout this tariff are defined below.
Account Codes: Permits Centrex Stations and attendants to dial an account code number of up to
eight digits when placing calls over facilities arranged for Automatic Message Accounting (AMA)
recording. The account or project number must be input prior
to dialing the called number.
Advance Payment: Part or all of payment required before the start of service.
Applicant: An individual who is applying for services with the Company. Applicant refers to
residential or small business services.
DID Trunk: A form oflocal switched access that provides the ability for an outside party to call an
internal extension directly without the intervention ofthe company operator.
Automatic Number Identification (AN : Allows the automatic transmission of a caller s billing
account telephone number to a local exchange company, interexchange carrier or a third party
subscriber. The primary purpose of ANI is to allow for billing oftoll calls.
Bit:The smallest unit of information in the binary system of notation.
Call Back/Camp on: Permits a station line encountering an all-trunk-busy condition the option of
being notified when a trunk becomes idle.
Call Forwarding
Call Forwarding Station: Allows calls directed to a station line to be routed to a user defined
line inside or outside the customer s telephone system.
Call Forwarding System: Permits calls attempting to terminate to a busy station line to be re-
directed to a predetermined line inside or outside the customer s telephone system.
Call Forwarding Remote: This optional feature allows a user to activate/deactivate the Call
Forwarding - All calls feature or change the forwarded to telephone number from a remote
location.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 1 - Original Page 2
DEFINITIONS
Call Forwarding Busy: Allows incoming calls to a busy station to be routed to a preselected
station line or attendant within the same system or outside the system. Intercom calls can be
arranged to be forwarded to a number different from DID calls.
Call Forwarding Don t Answer: Allows incoming calls to be automatically routed to a
preselected station line or attendant in the same system or outside the system, when the called
station is not answered after a preset number of rings. Intercom calls can be arranged to be
forwarded to a number different from DID calls.
Call Forwarding Variable Limited: When this feature is activated by a station line user or the
attendant, incoming calls to the activated station line or attendant position will
automatically routed to any other selected station line, within the same Centrex system, or
to the attendant position. The attendant may also activate this feature for a station line user.
Call Forwarding Variable Unlimited: The same as Call Forwarding Variable Limited except
that incoming calls may be automatically routed to a telephone number outside the Centrex
system or to station lines within the same Centrex system. The attendant may not activate
this feature to a telephone number outside the Centrex system for a station line user. Calls
forwarded outside the Centrex system are subject to the appropriate charges for local and toll
messages.
Call Hold: Allows the user to hold one call for any length of time provided that neither party goes
on-hook.
Call Park: Allows a station line to park a call against its own line number. The parked call can be
retrieved from any station line by dialing a feature code and the line number against which the call
is parked.
Call Pickup: Allows a station line to answer incoming calls to another station line within a defined
call pickup group. Call pickup is provided on individual station lines within a customer group.
Call Transfer: Allows a station line user to transfer any established call to another station line inside
or outside the customer group without the assistance of the attendant.
Call Waiting : Permits a line in the talking state to be alerted by a tone when another call is attempting
to complete the line. Audible ringing is returned to the originating line. The Service also provides
a hold feature that is activated by a switchhook flash.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.u.C. Tariff No. 2
Section 1 - Original Page 3
DEFINITIONS
Communication Services: The Company s intrastate toll and local exchange switched telephone
services offered for both intraLA T A and interLA T A use.
Company or Esodus : Esodus Communications, Inc. d/b/a INST A TONE, the issuer of this tariff.
Customer or Subscriber: The person, firm or corporation that orders service and is responsible for
the payment of charges and compliance with the Company s regulations.
Dial Pulse !ill: DP": The pulse type employed by rotary dial station sets.
Direct Inward Dial DID": A service attribute that routes incoming calls directly to stations, by-
passing a central answering point.
Direct Outward Dial( or "DOD": A service attribute that allows individual station users to access and
dial outside numbers directly.
Do Not Disturb : Permits the attendant to cut off a single station line and selected groups of station
lines from receiving incoming and station-to-station calls.
DSX-1 Panel: Distribution equipment used to terminate and administer DSI (1.544 Mbps) circuits.
Dual Tone Multi-Frequency DTMF": The pulse type employed by tone dial station sets.
Duplex Service: Service that provides for simultaneous transmission in both directions.
Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light
beam carrying communications signals may be transmitted by means of multiple internal reflections
to a receiver, which translates the message.
Hunting: Routes a call to an idle station line in a prearranged group when the called station line is
busy.
In-Only: A service attribute that restricts outward dial access and routes incoming calls to a
designated answer point.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 1 - Original Page 4
DEFINITIONS
Joint User: A person, firm or corporation that is designated by the Customer as a user of services
furnished to the Customer by Atlas and to whom a portion of the charges for the service will be billed
under a joint user arrangement as specified herein.
Kbps : Kilobits per second, denotes thousands of bits per second.
Last Number Redial: Enables a station line user to redial the last called number by use of an access
code rather than dialing the entire number.
LATA: A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action No.
82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier
Association, Inc. TariffF.C. No.
Local Exchange Carrier or ("LEC": Denotes any individual, partnership, association, joint-stock
company, trust or corporation engaged in providing switched communication within an exchange.
Mbps: Megabits, denotes millions of bits per second.
Multi-Frequency or ("MF": An inter-machine plus-type used for signaling between telephone
switches, or between telephone switches and PBX/key systems.
Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, that
continue for the agreed upon duration of the service.
Service Commencement Date: The first day following the date on which the Company notifies the
Customer that the requested service or facility is available for use, unless extended by the Customer
refusal to accept service that does not conform to standards set forth in the Service Order or this
tariff, in which case the Service Commencement Date is the date of the Customer s acceptance. The
Company and Customer may mutually agree on a substitute Service Commencement Date.
Service Order: The written request for Network Services executed by the Customer and the Company
in the format devised by the Company. The signing of a Service Order by the Customer and
acceptance by the Company initiates the respective obligations of the parties as set forth therein and
pursuant to this tariff, but the duration of the service is calculated from the Service Commencement
Date.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 1 - Original Page 5
DEFINITIONS
Shared: A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Speed Calling: Permits a station line user to dial selected numbers by using fewer digits than
normally accomplished through the assignment of abbreviated codes to frequently called numbers.
The speed calling list is customer-changeable.
System: Allows shared use of speed calling list. A control station will add, change or delete
telephone numbers from the list for the group.
Station: Allows a station line user to add, change or delete telephone numbers from a speed calling
list. The list is dedicated to the individual station line user.
Three- Way Calling: Allows a station line user to add a third party to an existing conversation.
Two Way: A service attribute that includes outward dial capabilities for outbound calls and can also
be used to carry inbound calls to a central point for further processing.
User or End User: A customer, Joint User, or any other person authorized by a Customer to use
service provided under this tariff.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 1
REGULATIONS
Undertaking of the Company
Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission between points
within the State of Idaho.
Customers and users may use services and facilities provided under this tariff to obtain access
to services offered by other service providers. The Company is responsible under this tariff
only for the services and facilities provided hereunder, and it assumes no responsibility for
any service provided by any other entity that purchases access to the Company network in
order to originate or terminate its own services, or to communicate with its own customers.
1.2 Shortage of Equipment or Facilities
(A)The Company reserves the right to limit or allocate the use of existing facilities, or
of additional facilities offered by the Company, when necessary because of lack of
facilities, or due to some other cause beyond the Company s control.
(B)The furnishing of service under this tariff is subj ect to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company
facilities as well as facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the Company.
Terms and Conditions
(A)Service is provided on the basis of a minimum period of at least one month, 24-hours
per day. For the purpose of computing charges in this tariff, a month is considered
to have 30 days.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST A TONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 2
REGULATIONS
Undertaking ofthe Company (Continued)
1.3. Terms and Conditions (Continued)
(B)
(C)
(D)
Customers may be required to enter into written service orders which shall contain
or reference a specific description of the service ordered, the rates to be charged, the
duration of the services, and the terms and conditions in this tariff. Customers will
also be required to execute any other documents as may be reasonably requested by
the Company.
At the expiration of the initial term specified in each Service Order, or in any
extension thereof, service shall continue on a month-to-month basis at the then
current rates unless terminated by either party upon 30 days' written notice. Any
termination shall not relieve the Customer of its obligation to pay any charges
incurred under the service order and this tariff prior to termination. The rights and
obligations which by their nature extend beyond the termination of the term of the
service order shall survive such termination.
In any action between the parties to enforce any provision ofthis tariff, the prevailing
party shall be entitled to recover its legal fees and court costs from the non-prevailing
party in addition to other relief a court may award.
(E)Service may be terminated upon written notice to the Customer if:
the Customer is using the service in violation ofthis tariff; or
the Customer is using the service in violation of the law.
(F)This tariff shall be interpreted and governed by the laws of the State
of Idaho.
(G)
(H)
(Reserved for future use).
(Reserved for future use).
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 3
REGULATIONS
Undertaking of the Company (Continued)
1.4 Liability of the Company
(A)
(B)
The included tarifflanguage does not constitute a determination by the Commission
that a limitation of liability imposed by the company should be upheld in a Court of
law. Acceptance for filing by the Commission recognized that it is a court'
responsibility to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause.
The liability of the Company for damages arising out of the furnishing of its Services
including but not limited to mistakes, omissions, interruptions, delays, or errors, or
other defects, representations, or use of these services or arising out of the failure to
furnish the service, whether caused by acts or omission, shall be limited to the
extension of such allowances for interruption as set forth in 2.6. The extension of
such allowances for interruption shall be the sole remedy of the Customer and the
sole liability of the Company. The Company will not be liable for any direct
indirect, incidental, special, consequential, exemplary or punitive damages to
Customer as a result of any Company service, equipment or facilities, or the acts or
omissions or negligence of the Company s employees or agents.
(C)The Company shall not be liable for any delay or failure of performance or equipment
due to causes beyond its control, including but not limited to: acts of God, fire, flood
explosion or other catastrophes; any law, order, regulation, direction, action, or
request of the United States Government, or of any other government, including state
and local governments having or claiming jurisdiction over the Company, or of any
department, agency, commission, bureau, corporation, or other instrumentality of any
one or more of these federal, state, or local governments, or of any civil or military
authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-
way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
(D)The Company shall not be liable for any act or omission of any entity furnishing to
the Company or to the Company s Customers facilities or equipment used for or with
the services the Company offers.
(E)The Company shall not be liable for any damages or losses due to the fault or
negligence of the Customer or due to the failure or malfunction of Customer-provided
equipment or facilities.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 4
REGULATIONS
Undertaking of the Company (Continued)
1.4 Liability of the Company (Continued)
(F)The Company does not guarantee nor make any warranty with respect to installations
it provides for use in an explosive atmosphere. The Customer indemnifies and holds
the Company harmless from any and all loss, claims, demands, suits, or other action
or any liability whatsoever, whether suffered, made, instituted, or asserted by any
other party or person(s), and for any loss, damage, or destruction of any property,
whether owned by the Customer or others, caused or claimed to have been caused
directly or indirectly by the installation, operation, failure to operate, maintenance
removal presence, condition, location, or use of any installation so provided. The
Company reserves the right to require each Customer to sign an agreement
acknowledging acceptance of the provisions of this section 2.1.4(E) as a condition
precedent to such installations.
(G)The Company is not liable for any defacement of or damage to Customer premises
resulting from the furnishing of services or equipment on such premises or
installation or removal thereof, unless such defacement or damage is caused by
negligence or willful misconduct of the Company s agents or employees.
(H)The Company shall be indemnified, defended and held harmless by the Customer
against any claim, loss or damage arising from Customer s use of services, involving
claims for libel, slander, invasion of privacy, or infringement of copyright arising
from the Customer s own communications.
(I)The entire liability for any claim, loss, damage or expense from any cause whatsoever
shall in no event exceed sums actually paid the Company by the Customer for
specific services giving rise to the claim. No action or proceeding against the
Company shall be commenced more than one year after the service is rendered.
(J)THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 5
REGULA nONS
Undertaking of the Company (Continued)
1.4 Liability of the Company (Continued)
(K)The included tarifflanguage does not constitute a determination by the Commission
that a limitation of liability imposed by the Company should be upheld in a court of
law. Acceptance for filing by the Commission recognizes that it is a court'
responsibility to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause.
Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include, but
are not limited to, equipment or facilities additions, removals or rearrangements and routine
preventative maintenance. Generally, such activities are not specific to an individual
Customer but affect many Customers' services. No specific advance notification period is
applicable to all service activities. The Company will work cooperatively with the Customer
to determine the reasonable notification requirements. With some emergency or unplanned
service-affecting conditions, such as an outage resulting from cable damage, notification to
the Customer may not be possible.
Provisions of Equipment and Facilities
(A)
(B)
The Company shall use reasonable efforts to make available services to a Customer
on or before a particular date, subject to the provisions of and compliance by the
Customer with, the regulations contained in this tariff. The Company does not
guarantee availability by any such date and shall not be liable for any delays in
commencing service to any Customer.
The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the Company.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 6
REGULA nONS
Undertaking of the Company (Continued)
Provisions of Equipment and Facilities (Continued)
(C)The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters ofthe
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 for that which it was provided by the Company.
(E)The Company shall not be responsible for the installation, operation, or maintenance
of any Customer-provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibility of the
Company shall be limited to the furnishing of facilities offered under this tariff and
to the maintenance and operation of such facilities. Subject to this responsibility, the
Company shall not be responsible for:
the transmission of signals by Customer-provided equipment or for
the quality of, or defects in, such transmission; or
the reception of signals by Customer-provided equipment.
1.7 Non-routine Installation
At the Customer s request, installation and/or maintenance may be performed outside the
Company s regular business hours or in hazardous locations. In such cases, charges based
on cost of the actual labor, material, or other costs incurred by or charged to the Company
will apply. If installation is started during regular business hours but, at the Customer
request, extends beyond regular business hours into time periods including, but not limited
, weekends, holidays, and/or night hours, additional charges may apply.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.u.C. Tariff No. 2
Section 2 - Original Page 7
REGULATIONS
Undertaking of the Company (Continued)
1.8 Special Construction
(Reserved for future use).
1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
agents or contractors.
2.2 Prohibited Uses
(A)
(B)
(C)
(D)
The services the Company offers shall not be used for any unlawful purpose or for
any use as to which the Customer has not obtained all required governmental
approvals, authorizations, licenses, consents and permits.
The Company may require applicants for service who intend to use the Company
offerings for resale and/or for shared use to file a letter with the Company confirming
that their use of the Company s offerings complies with relevant laws and Idaho
Public Utilities Commission regulations, policies, orders, and decisions.
The Company may require a Customer to immediately shut down transmission of
signals if said transmission is causing interference to others.
A Customer, joint user, or authorized user may not assign in any manner, the service
or any rights associated with the service without the written consent of the Company.
The Company will permit a Customer to transfer its existing service to another entity
if the existing Customer has paid all charges owed to the Company for regulated
communications services. Such a transfer will be treated as a disconnection of
existing service and installation of new service, and non-recurring installation charges
as stated in this will apply.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 8
REGULATIONS
Obligations of the Customer
General
The Customer shall be responsible for:
(A)
(B)
(C)
(D)
the payment of all applicable charges pursuant to this tariff;
damage to or loss of the Company s facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
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
conditioning necessary to maintain the proper operating environment on such
premIses;
obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduits necessary for installation of fiber optic cable and associated equipment
used to provide Communication Services to the Customer from the cable building
entrance or property line to the location ofthe equipment space described in 2.3.1(C).
Any and all costs associated with obtaining and maintaining the rights-of-way
described herein, including the costs of altering the structure to permit installation of
the Company-provided facilities, shall be born entirely by, or may be charged by the
Company to, the Customer. The Company may require the Customer to demonstrate
its compliance with this section prior to accepting an order for service;
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 9
2.3
REGULA TI ONS
Obligations of the Customer (Continued)
General Continued)
(E)
(F)
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 the Company s facilities and equipment. The
Customer may be required to install and maintain Company facilities and equipment
within a hazardous area if, in the Company s opinion, injury or damage to the
Company s employees or property might result from installation or maintenance by
the Company. The Customer shall be responsible for identifying, monitoring,
removing and disposing of any hazardous material (e.g. friable asbestos) prior to any
construction or installation work;
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 rights-of-way for
which Customer is responsible under Section 2.3.1 (D); and granting or obtaining
permission for Company agents or employees to enter the premises of the Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company;
(G)not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and
(H)making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period in which service is interrupted for such purposes.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 10
REGULATIONS
Obligation of the Customer (Continued)
3.2 Claim
With respect to any service or facility provided by the Company, Customers shall indemnify,
defend and hold harmless the Company from and against all claims, actions, damages
liabilities, costs and expenses, including reasonable attorneys' fees for:
(A)
(B)
Any loss, destruction or damage to the property of the Company or any third party,
or death or injury to persons, including, but not limited to , employees invitees of
either party, to the extent caused by or resulting from negligent or intentional act or
omission of the Customer, its employees, agents, representatives or invitees; or
any claim, loss, damage, expense or liability for infringement of any copyright
patent, trade secret, or any proprietary or intellectual property right of any third party,
arising from the act or omission by the Customer, including, without limitation, use
of the Company s services and facilities in a manner not contemplated by the
agreement between the Customer and the Company.
2.4 Customer Equipment and Channels
2.4.General
A User may transmit or receive information or signals via the facilities of the Company. The
Company s 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 the Company s equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication
except as specifically stated in this tariff.
2.4.2 Station Equipment
(A)Terminal equipment on the User s premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the User. The User
is responsible for the provision of wiring or cable to connect its terminal equipment
to the Company Point of Connection.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page
2.4
REGULATIONS
Customer Equipment and Channels (Continued)
2.4.2. Station Equipment (Continued)
2.4.
(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 the Company s employees
or other persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer s expense.
Interconnection of Facilities
(A)
(B)
(C)
(D)
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communication Services
and the Channels, facilities, or equipment of others shall be provided at the
Customer s expense.
Communication Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the terms
and conditions of the tariffs ofthe other communications carriers that are applicable
to such connections.
Facilities furnished under this tariffmay 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.
Users may interconnect communications facilities that are used in whole or in part
for interstate communication to services provided under this tariff only to the extent
that the user is an "End User
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 12
REGULATIONS
2.4 Customer Equipment and Channels (Continued)
2.4.4 Inspections
(A)
(B)
Upon suitable notification to the Customer, and at a reasonable time, the Company
may make such tests and inspections as may be necessary to determine that the
Customer is complying with requirements set forth in Section 2.4.2(B) for the
installation, operation, maintenance of Customer-provided facilities, equipment, and
wiring in the connection of Customer-provided facilities and equipment to Company-
owned facilities and equipment.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to protect
its facilities, equipment, and personnel. The Company will notify the Customer
promptly if there is any need for further corrective action. Within ten days of
receiving this notice, the Customer must take corrective action and notify the
Company ofthe action taken. If the Customer fails to do this, the Company may take
whatever additional action is deemed necessary, including the suspension of service
to protect its facilities, equipment and personnel from harm.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 13
REGULA nONS
Payment Arrangements
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 Users authorized by the Customer
regardless of whether those services are used by the Customer itself or are resold to or shared
with other persons.
5.2 Billing and Collection of Charges
(A)
(B)
(C)
(D)
Non-recurring charges are due and payable from the customer within 30 days after
the invoice date, unless otherwise agreed to in advance.
The Company shall present invoices for Recurring Charges monthly to the Customer
in advance of the month in which service is provided, and Recurring Charges shall
be due and payable within 30 days after the invoice date. When billing is based on
customer usage, charges will be billed monthly for the preceding billing periods.
When service does not begin on the first day of the month, or end on the last day of
the month, the charge for the fraction of the month in which service was furnished
will be calculated on a pro rata basis. For this purpose, every month is considered to
have 30 days.
Billing ofthe Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this tariff or the Service
Order. Billing accrues through and includes the day that the service, circuit
arrangement or component is discontinued.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page
REGULATIONS
Payment Arrangements (Continued)
Billing and Collection of Charges (Continued)
(E)
(F)
(G)
(H)
If any portion of the payment is received by the Company after the due date, or if any
portion of the payment is received by the Company in funds that are not immediately
available, then a late payment penalty shall be due to the Company. The late payment
penalty shall be the portion of the payment not received by the due date, multiplied
by a late factor of 1.5% per month.
The Customer will be assessed a charge of twenty dollars ($20.00) for each check
submitted by the Customer to the Company that a financial institution refused to
honor.
Customers have up to 90 days (commencing 5 days after remittance of the bill) to
initiate a dispute over charges or to receive credit.
If service is disconnected by the Company in accordance with section 2.5 following
and later restored, restoration of service will be subject to all applicable installation
charges.
Advance Payment
(Reserved for future use).
5.4 Reserved for future use.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 15
Payment Arrangements (Continued)
5.4 Reserved for future use (Continued)
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page
REGULATIONS
2.5 Payment Arrangements (Continued)
5.4 Reserved for future use (Continued)
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 17
REGULATIONS
Payment Arrangements (Continued)
5.4 Reserved for future use (Continued)
Guarantee
(A)The Company will accept a written guarantee or payment for a residential account
from another residential customer of the company. The guarantor must have good
credit.
(B)Guarantee Form: The Guarantee form used by the Company will be filed with and
approved by this Commission. The form shall state:
(1)The terms of the guarantee, the maximum amount guaranteed, and that the
Company shall not hold the guarantor liable for sums in excess of that
amount.
(2)The maximum amount guaranteed shall not exceed the amount that would
have been charged to the Applicant/Customer.
(C)Period of Guarantee: The minimum guarantee period is thirty (30) days. The
guarantee shall remain in full force and effect until five (5) days after the Company
receipt ofthe guarantor s notice of cancellation ofthe guarantee agreement.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 18
REGULA TI ONS
Payment Arrangements (Continued)
6. Reserved for future use
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page
REGULATIONS
Payment Arrangements (Continued)
6. Reserved for future use (Continued)
Reserved for future use
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 20
REGULATIONS
Payment Arrangements (Continued)
Reserved for future use (Continued)
Discontinuance of Service
Termination of Service Without Prior Notice
The Company may deny or terminate a service or all services without prior notice to
the Customer/Applicant and without the Customer s/ Applicant's permission for one
or more of the following reasons:
(A)Dangerous Condition: A condition immediately dangerous or hazardous to
life, physical safety, or property exists, or it is necessary to prevent a violation
of federal, state or local safety or health codes.
(B)Ordered to Terminate Service: The Company will terminate service by any
court, the Commission, or any other duly authorized public authority.
(C)Services Obtained Illegally: The services(s) were obtained, diverted or used
without the authorization or knowledge of the Company.
(D)Customer Unable to be contract: The Company has tried diligently to meet
the notice requirements of Rule 304, but has been unsuccessful in its attempt
to contact the Customer effectively.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 21
REGULA nONS
Payment Arrangements (Continued)
Discontinuance of Service (Continued)
Termination of Service Without Prior Notice
(E)Misrepresentation of Identity The Customer has misrepresented the
Customer s identify for purposes of obtaining telephone service.
Termination of Service with Prior Notice
The Company may terminate a service or all services upon prior notice as set forth
in 2.10 to the Customer/Applicant for one or more of the following reasons:
(A)
(B)
(C)
(D)
(E)
(F)
Failure to Pay Bill: The Customer/Applicant did not pay undisputed
delinquent bills for local exchange services or paid a delinquent bill for local
exchange services with any dishonored check.
Reserved for future use
Failure to Abide .by Payment Terms: The Customer/Applicant failed to abide
by the terms of a payment arrangement.
Misrepresentation of Identity : The Customer/ Applicant misrepresented the
identity of same for the purpose of obtaining telephone service.
Interference of Wasting of service: the Company determines as prescribed by
relevant state or other applicable standards that the Customer/ Applicant is
willfully wasting or interfering with service through improper equipment or
otherwise.
Misuse of Service: The Customer is using service(s) for which the
Customer/ Applicant did not apply.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 22
REGULATIONS
Payment Arrangements (Continued)
Discontinuance of Service (Continued)
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.
8.4 Medical Facilities/Shelter Care
The Company will notify the Commission and the State Department of Health and
Welfare as well as the Medical Facilities/Shelter Care Customer of the Notice
pending disconnection.
Upon request from the Commission, a delay in terminating services of no less than
seven (7) calendar days from the date of the Notice shall be allowed so that action
may be taken to protect the interest of the facility's residents.
Allowance for Interruption in Service
Interruption in service that is not due to the negligence of, or noncompliance with the
provisions of this tariff by, the Customer, will be credited to the Customer as set forth in
1 for the part of the service that the interruption affects and in accordance with Title 61
Idaho Code, Subsection 501.02.
Credit for Interruptions
(A)The Company will 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
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 23
REGULATIONS
Allowance for Interruption in Service (Continued)
Credit for Interruptions (Continued)
(B)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
m. on the following Sunday must be restore within forty-eight (48) hours or by 6:00
m. on the following Monday, which ever is sooner. If the Company does not
restore service within the times required by this section the telephone company will
credit the customer s account for an amount equal to the monthly rate for one (1)
month of basic local exchange service.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 24
REGULA TI ONS
Allowance for Interruption in Service (Continued)
6.2 Limitation on Allowances
No credit will be made for:
(A)interruption due to the negligence of, or noncompliance with the provisions of this
tariffby, the Customer, authorized user
, j
oint user, or other common carrier providing
service connected to the service of the Company;
(B)interruption due to the negligence of any person other than the Company, including
but not limited to the Customer or other common carriers connected to the Company
facilities;
(C)interruptions due to the failure or malfunction of non-Company equipment;
(D)interruptions of service during any period in which the Company is not given full and
free access to its facilities and equipment for the purpose of investigating and
correcting interruptions;
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.u.C. Tariff No. 2
Section 2 - Original Page 25
REGULATIONS
Allowance for Interruption in Service (Continued)
6.2 Limitation on Allowances (Continued)
(E)interruptions of service during any period when the Customer has released service to
the Company for maintenance purposes or for implementation of a Customer order
for a change in service arrangements; and
(F)interruption of service due to circumstances or causes beyond the control of the
Company.
Use of Customer s Service Qy Others
7.1 Resale and Sharing
Any service provided under this tariff may be resold to or shared with other persons at the
option ofthe Customer, subject to compliance with any applicable laws or the Idaho Public
Utilities Commission regulations governing such resale or sharing. The Customer remains
solely responsible for all use of service ordered by it or billed to its telephone number(s)
pursuant to this tariff, for determining who is authorized to use its services, and for notifying
the Company of any unauthorized use.
Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From
each joint use arrangement, one member will be designated as the Customer responsible for
the manner in which the joint use ofthe service will be allocated. The Company will accept
orders to start, rearrange, relocate, or discontinue service only from the designated Customer.
Without affecting the Customer s ultimate responsibility for payment of all charges for the
service, each joint user shall be responsible for the payment of the charges billed to it.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 26
REGULATIONS
Cancellation of Service
If a Customer cancels a Service Order or terminates service before the completion of the term
for any reason whatsoever other than a service interruption (as defined in Section 2.
above), the Customer agrees to pay to the Company termination liability charges, as defined
below. These charges shall become due and owing as ofthe effective date of the cancellation
or termination and be payable within a time period as determined by the Commission.
The Customer s termination liability for cancellation of service shall be equal to:
(A)
(B)
(C)
(D)
all unpaid Non-recurring charges reasonably expended by the Company to establish
service to the Customer; plus
any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of the Customer; plus
all Recurring Charges specified in the applicable Service Order Tariff for the balance
of the then current term discounted at the prime rate announced in the Wall Street
Journal on the third business day following the date of cancellations; minus
a reasonable allowance for costs avoided by the Company as a direct result of the
Customer s cancellation.
Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties
connection with the services and facilities provided by the Company without the written
consent of the other party, except that the Company may assign its rights and duties:
(A)
(B)
(C)
to any subsidiary, parent company or affiliate of the Company; or
pursuant to any sale or transfer of substantially all the assets of the Company; or
pursuant to any financing, merger or reorganization of the Company.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 27
REGULA nONS
Notices and Communications
(A)The Company must send to the Customer written notice of termination mailed at least
seven (7) calendar days before the proposed date of termination. This written notice
must contain the information required by Rule 306. This seven-day notice does not
apply under the conditions set forth in section 2.
(B)At least twenty-four (24) hours before actual termination the Company must
diligently attempt to contact the Customer affected to apprize the Customer of the
proposed action and steps to take to avoid or delay termination. This oral notice must
contain the same information required by Rule 306.
(C)If the local exchange service is not terminated within seven (7) calendar days after
the proposed termination date and the matter is not the subject of a pending complaint
before this Commission, or other arrangements have not been made with the
Customer, the Company shall again make a diligent effort to contact the Customer to
advise the Customer of the proposed action. If the Company has not terminated
service within twenty-eight (28) days of mailing a written notice of termination, the
Company must again issue a written notice if it intends to terminate service. Actual
termination is prohibited until a minimum of twenty-four (24) hours after notice or
the diligent attempt to notify.
The requirement of seven (7) days' written notice does not apply when:
(A)The Customer does not make an initial payment according to a payment
arrangement or makes the initial payment with a dishonored check; or
(B)The Customer avoids termination that would otherwise take place by
tendering payment with a dishonored check.
In either of the above, the Company will make a diligent effort to contact the
Customer to apprize the Customer of the proposed action, and actual termination is
prohibited until a minimum of twenty-four (24) hours after notice or the diligent
attempt to notify.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 28
Operator Services Rules
(A)
REGULATIONS
The Company will enforce the following operator service rules.
A provider of intrastate operator assisted communications services must:
(1)identify itself at the time the end-user accesses its services;
(2)upon request, quote all rates and charges for its services to the end-user
accessing its system;
arrange to have posted in plain view at each telephone location which
automatically accesses the operator service provider s network and where its
services are made available to the public or transient end-users:
(3)
(a)
(b)
(c)
(d)
the operator service provider s name and address;
bill and service dispute calling information including the operator
service provider s dispute resolution phone number.
clear and specific instructions informing the end-user how to access
a local exchange telephone company operator as an alternative
available to the end-user; and
notice concerning any and all amounts to be billed by the operator
services provider on behalf of any host location or third party that will
appear on the operator service provider s bill for services rendered.
in instances when the provider is unable to complete the call and it requires
transfer to another telephone corporation that may affect the rates and charges
applicable to the telephone bill, inform the caller of the transfer and its
possible effect on the applicable rates and charges, before any charges are
incurred; and
(4)
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 2 - Original Page 29
REGULATIONS
Operator Services Rules (Continued)
(5)in the case of such transfer, the telephone corporation or provider to which
the call is transferred shall identify itself and inform the caller of the transfer
effect on the applicable rates and charges, before any charges are incurred.
(B)The Company will comply with the following provisions:
(1)Providers of intrastate operator assisted communications services shall not
take any, action or enter into any arrangement that restricts end-user selection
among competing interexchange telephone corporations or end-users access
to competing providers of intrastate operator assisted communications
services, or pay any commissions or other compensation to any entity
engaged in such action or arrangement.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 3 - Original Page 1
EXCHANGE ACCESS SERVICE
Exchange Access Service provides a Customer with a telephonic connection to, and a unique
telephone number address on the public switched telecommunications network. Each Exchange
Access Service enables users to:
(A)receive calls from other stations on the public switched telecommunications network;
(B)access other services offered by the Company as set forth in this tariff;
(C)access certain interstate and international calling services provided by the Company;
(D)access (at no additional charge) the Company s operators and business office for
service related assistance;
(E)access (at no additional charge) emergency services by dialing 0- or 9-1; and
(F)access services provided by other common carriers that purchase the Company
Switched Access services as provided under the Company s Federal and State tariffs
or that maintain other types of traffic exchange arrangements with the Company.
Each Exchange Access Service is available on a "full" service basis, whereby service is
delivered to a demarcation/connection block at the customer s premises.
The following Exchange Access Services are offered:
Basic Line Service
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.c. Tariff No. 2
Section 3 - Original Page 2
EXCHANGE ACCESS SERVICE
3.2 Basic Line Service
Basic Line Service provides a Customer with a single, voice-grade telephonic
communications channel that can be used to place or receive one call at a time. Basic Lines
are provided for connection of Customer-provided single station sets or facsimile machines
to the public switched telecommunications network. Each Basic Line may be configured into
a hunt group with other Company-provided Basic Lines. Each Basic Line is provided with
the following standard features which can be deleted at the Customer s option:
Touch Tone
Call Waiting
Call Forwarding
Three-Way Conference Calling
Non-recurring and monthly recurring rates per Basic Line apply as follows:
Non-Recurring Monthly Recurring
Basic Local
Exchange Service
Each Line $x.xx $x.xx
Expanded Local
Exchange Service
Each Line $x.xx $x.xx
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 3 - Original Page 3
EXCHANGE ACCESS SERVICE
Key Line Service
Key Line Service provides a Customer with a single, voice-grade telephonic communications
channel that can be used to place one call at a time. Key Lines are provided for connection
of the Customer-provided key systems to the public switched telecommunications network.
Each Key Line is provided with the following features which can be deleted at the Customer
option:
Call Waiting
Call Forwarding
Three-Way Conference Calling
Extension Dialing
Call Hunting
Non-recurring and monthly recurring rates per Key Line apply as follows:
Non-Recurring Monthly Recurring
Basic Local
Exchange Service
Each Line $x.xx $x.xx
Expanded Local
Exchange Service
Each Line $x.xx $X.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 4 - Original Page 1
EXCHANGE ACCESS OPTIONAL FEATURES
Directory Listings
For each Customer of Company-provided Exchange Access Service(s), the Company shall
arrange for the listing of the Customer s main billing telephone number1 in the directory(ies)
published by the dominant Local Exchange Carrier in the area at no additional charge.
a Customer s option, the Company will arrange for additional listings at the following rates:
Non-Recurring Monthly Recurring
Each Additional Listing:N/A $x.xx
For Customers with multiple premises served by the
Company, the Company will arrange for a listing of the main
billing telephone number at each premise.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 5 - Original Page
LOCAL CALLING SERVICE
Description
Local Calling Service provides a Customer with the ability to originate calls from a
Company-provided access line to all other stations on the public switched telephone network2
bearing the designation of any central office exchanges, areas, and zones included in the
Customer s local calling area.
1. Basic Local Exchange Service- This calling service allows the Customer unlimited access to
all other stations on the public switched telephone network within the customer s Basic Local
Calling Area but within the same state and LATA will be charged the IntraLATA rates as
specified in the Company s long distance service tariff.
Except calls to other telephone companies' caller paid information services (e.g. NP A
900, NXX 976, etc.). Calls to those numbers and other numbers used for caller-paid information services
will be blocked by the Company s centralized switching facility.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 5 - Original Page 2
LOCAL CALLING SERVICE
5.2 Rates
The rates set forth in this section apply to all direct dialed local calls. For operator-assisted
local calls, the operator charges listed will apply in addition to the charges listed below.
5.2.1. Usage Charges - Per minute charges apply for each call. Timing is in whole minute
increments, with a minimum charge of one minute per call.
(A)Monthly Message Allowance
of Service Basic Calling Area
Basic Local
Exchange Service TBD
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 6 - Original Page 1
OPERATOR SERVICES
6.1 Description
Operator Handled Calling Services are provided to Customers and Users of Company-
provided Exchange Access Services, and to Customers and Users of exchange access lines.
6.2 Definitions
Person-to-Person: Calls completed with the assistance of a Company operator to a particular
person, station, department, or PBX extension specified by the calling party. Charges may
be billed to the Customer s commercial credit card/and or LEC calling card, calling station
called station, or a designated third-party station. Calls may be dialed with or without the
assistance of a Company operator.
Station-to-Station: Refers to calls other than person-to-person calls billed to either the end
user s commercial credit card and/or nonproprietary calling card. Calls may be dialed with
or without the assistance of a Company operator. Collect calls to coin telephones and
transfers of charges to third telephones which are coin telephones will not be accepted.
Operator Dialed Charge: The end user places the call without dialing the destination number
although the capability to do it himself exists. The end user will dial "0" for local calls and
00" for long distance calls and then request the operator to dial the called station.
Billed to Non-proprietary Calling: Card: Refers to calls that are dialed by the customer in
accordance with standard dialing instructions and billed to a non-proprietary calling card
issued by another carrier.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 6 - Original Page 2
OPERATOR SERVICES
Rates
Local exchange calls may be placed on an Operator Assisted basis.
In addition to the usage charges identified above, the following operator-assisted charges will
apply:
Per Call Charges
Person-to-Person
(Customer Dialed)
$X.xx
Station-to-Station
(Customer Dialed)
$x.xx
Operator Dialed Charge
(applies in addition
to other operator charges)
$x.xx
Billed to Non-Proprietary
Calling Card (additional
surcharge)
$x.xx
Directory Assistance $x.xx
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 1
MISCELLANEOUS SERVICES
Service Implementation
1.1 Description
Absent a promotional offering, service implementation charges will apply to new
service orders or to orders to change existing service.
Rates
Non-Recurring
Per service order $x.xx
Restoration of Service
7.2.Description
restoration charge applies to the re-establishment of service and facilities
suspended because of non-payment of bills and is payable at the time that the re-
establishment ofthe service and facilities suspended is arranged for. The restoration
charge does not apply when, after disconnection of service, service is later re-
established.
Rates
Per occasion
Non-Recurring
$x.XX
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.c. Tariff No. 2
Section 7 - Original Page 2
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features
7.3.1 General
Services in this section may be purchased in addition to a Company-provided Exchange
Access Service. These features are available only when purchased in combination with a
Company provided Exchange Access Service.
7.3.2 Optional Exchange Access Service Enhancement Features
.:.:
Rate Schedule
Rates in this section are applied on a monthly basis unless otherwise specified:
SERVICE RATE
CALL WAITING $XX.
(provides a tone signal
when a second call is
coming in on a busy line.
CALL FORWARDING -
Variable $XX.
(Pennits a Customer to
automatically transfer
all incoming calls to another
dialable telephone number.
In addition to these charges
local usage charges will apply.
THREE WAY CALLING $XX.
(Adds a third party to an
established connection
without operator assistance.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 3
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features (Continued)
Optional Exchange Access Service Enhancement Features
::.=
Rate Schedule (Continued)
SERVICE RATE
CALL TRACE
Per Activation
Case Preparation Charge
$XX.
$XX.
(This feature will, upon successful
Customer activation, automatically
trace the telephone number of the
line used for the last call received
by the Customer. Call Trace is
provided to Customers whose basic
exchange access service includes
only Residential lines. The traced
number will not be provided to the
Customer by the Company, but it will
be provided to law enforcement officials
upon the written request of the Customer.
Case preparation charge is applicable
when two successful attempts have been
traced to the same number, or, at the
Customer s option, when a single
successful attempt has been traced to
a telephone number and the Company sends
notification to the customer for his/her
use with the appropriate law enforcement
agency.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 4
MISCELLANEOUS SERVICES
7.3 Optional Exchange Access Service Enhancement Features (Continued)
3.2 Optional Exchange Access Service Enhancement Features -- Rate Schedule (Continued)
SERVICE RATE
CALLER $XX.
(This central office feature
provides for the display of the
incoming telephone number on a
Customer provided display device
attached to the Customer s telephone
line or on a Customer-provided
telephone or answering machine with
a built-in display screen. The
Caller ID feature will forward
the calling number from the
appropriately equipped terminating
central office to the Customer-
provided display device. The
Company will forward all telephone
numbers subject to technical
limitations. )
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.c. Tariff No. 2
Section 7 - Original Page 5
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features (Continued)
3.2 Optional Exchange Access Service Enhancement Features
.::
Rate Schedule (Continued)
SERVICE RATE
CALLER ID WITH NAME
$XX.
(This central office feature
is only offered to Customers
being served by appropriately
equipped central offices and
subscribing to caller ID. This
feature provides for the display
of the listed name associated
with the telephone number from
which the call is being made.
The name will be delivered to a
Customer-provided display device.
The Company will forward all
calling names subject to technical
limitations.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.c. Tariff No. 2
Section 7 - Original Page 6
3.2
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features -- Rate Schedule (Continued)
Optional Exchange Access Service Enhancement Features (Continued)
SERVICE
MULTI RING SERVICE
(Multi ring service is a local
exchange telecommunications service
that enables a Customer to have as
many as three telephone numbers
associated with a single line.
Customers subscribing to this service
will be able to receive calls dialed
to two or three separate numbers without
having a second or third access line.
Distinctive ringing will be provided
for each of the additional telephone
numbers to facilitate identification
of incoming calls. A distinctive Call
Waiting tone for each additional telephone
number will be provided, where facilities
permit, to Customers subscribing to the
Call Waiting feature of Custom Calling
Service.
1 st Line
1 st and 2nd Line
RATE
$XX.
$XX.
$XX.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INSTATONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 7
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features (Continued)
3.2 Optional Exchange Access Service Enhancement Features
-=
Rate Schedule (Continued)
SERVICE RATE
AL TERNA TE ANSWERING $XX.
(In the event that the number
is not answered within the
Company-designated parameters
nonnally three to four rings
this feature automatically
forwards incoming calls to a
predetennined telephone number
or a different central office
switch. Multiple calls will be
transferred simultaneously provided
there are sufficient facilities to
accept the calls.
REMOTE CALL FORWARDING $XX.
(Remote Call Forwarding
Central Office Based),
provides a method to
automatically transfer
all incoming calls to
another dialed number
at all times. The dialable
number is user derIDed. The
dialed number can be either
7 or 10 digit number (POTS)
and can be changed via a
service order. No physical
telephone is required at the
subscribed dialed number.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 8
MISCELLANEOUS SERVICES
7.3 Optional Exchange Access Service Enhancement Features (Continued)
Optional Exchange Access Service Enhancement Features
.::
Rate Schedule (Continued)
SERVICE RATE
900 SPECIAL ACCESS CODE BLOCKING $X.xx
(This service is automatically
applied to all lines. The service
is provided without charge. Blocks
access from a Company-provided
Exchange Access Service to Customer
dialed 900 numbers.
976 PREFIX BLOCKING SERVICE $XX.
(This service is automatically applied
to all lines. The service is provided
without charge. Blocks access from a
Company-provided Exchange Access Service
to Customer dialed 976 numbers.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INSTATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST A TONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 9
MISCELLANEOUS SERVICES
Optional Exchange Access Service Enhancement Features (Continued)
Optional Exchange Access Service Enhancement Features Rate Schedule (Continued)
SERVICE RATE
PRESUMPTIVE BLOCKING SERVICES $XX.
(This service is automatically applied to
all lines. The service is provided without
charge. This service enables the Company
to deny access from all residence and
business lines to exchanges which primarily
contain adult programs. One-party residence
and single line business Customers may obtain
access to exchanges which primarily contain
adult programs by submitting a written request
to the Company to remove the blocking restriction
from their lines. Written requests must be
submitted for any subsequent changes in blocking
restrictions.
INTERNATIONAL BLOCKING $XX.
(The International Blocking Service
(IBS) is an optional end user
service that provides end office
blocking of 011+, 10XXX 011+ and
10 1XXXXO 11 + dialed calls. Originating
011+, lOXXX 011+ and 1O1XXXX011+ dialed
calls from exchange lines provisioned
with the IBS will be blocked and routed
to a recorded announcement. There is a
nonrecurring charge for installing IBS
on new or existing exchange lines or
trunks that is in addition to any other
local exchange nonrecurring charges
that may apply.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 7 - Original Page 10
MISCELLANEOUS SERVICES
3.2 Optional Exchange Access Service Enhancement Features
.::
Rate Schedule (Continued)
Optional Exchange Access Service Enhancement Features (Continued)
SERVICE
AUTOMATIC CALL BACK
Per Activation
Per Month
Monthly Cap on Per Activation
(Allows a Customer to return most
recent incoming calls whether answered
or not. If the line to which the request
is made is idle, the calls go through;
if the line is busy, the automatic
callback continues to attempt until the
line is free. The request is deactivated
after 30 minutes or six unanswered ring
backs if the call is not completed.
Available on a per activation or monthly
basis.
REPEAT DIALING
Per Activation
Per Month
Monthly Cap on Per Activation
(Allows a Customer, by dialing a
particular code to redial a dialed
number a specified number of times
or until a party answers the call.
AUTOMATIC CALL BACK and REPEAT DIALING
Per Month
RATE
$XX.
$XX.
$XX.
$XX.
$XX.
$XX.
$XX.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.C. Tariff No. 2
Section 8 - Original Page 1
SPECIAL ARRANGEMENTS
8.1 Special Construction
1.1 Basis For Charges
Where the Company furnishes a facility or service for which a rate or charge is not specified
in the Company s tariffs, charges will be based on the costs incurred by the Company.
1.2 Termination Liability
To the extent that there is no other requirement for use by the Company, a termination
liability may apply for facilities specially constructed at the request of the customer.
(A)The termination liability period is the estimated service life ofthe facilities provided.
(B)The amount of the maximum termination liability is equal to the estimated amounts
for:
(1)Cost installed of the facilities provided including estimated costs for
rearrangements of existing facilities and/or construction of new facilities as
appropriate, less net salvage. Cost installed includes the cost of:
(a)equipment and materials provided or used
(b)engineering, labor and supervision
(c)transportation, and
(d)rights-of-way;
(2)license preparation, processing, and related fees;
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786
Esodus Communications, Inc. d/b/a INST ATONE Idaho P.c. Tariff No. 2
Section 8 - Original Page 2
SPECIAL ARRANGEMENTS
8.2 Individual Case Basis (ICB) Arrangements
Arrangements will be developed on a case-by-case basis in response to a bona fide request
from a Customer or prospective Customer to develop a competitive bid for a service offered
under this tariff. Rates quoted in response to such competitive requests may be different than
those specified for such services in this tariff. ICB rates will be offered to the Customer in
writing and on a nondiscriminatory basis. Prior notice of all ICB contracts will be provided
to the Commission.
8.3 Temporary Promotional Programs
The Company may establish temporary promotional programs wherein it may waive or
reduce non-recurring or recurring charges, to introduce present or potential Customers to a
service not previously received by the Customers. Prior notice and copies of all promotional
programs will be provided to the Commission with the effective dates of the promotion.
Issued:Effective:
Issued By:Michael Servos, President
Esodus Communications, Inc. d/b/a INST ATONE
1020 Spruce Drive
Belleair Beach, FL 33786