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HomeMy WebLinkAbout20091102Revised Illustrative Tariff.pdfGREENFL Y NETWORKS, INC. ISSUE DATE: GFIv ---ó c¡ -ó rre.e.~J IDAHO PUC ILLUSTRATIVE TARIFF NO.1/\ Greenf1y Networks Inc. Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State ofIdaho Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 ORIGINAL SHEET 1 ~~\;..,1,::1 EFFECTIVE DATE: TBD IN ;0moen :0-il""',. 9? .r:en GREENFLY NETWORKS, INC. CHECK SHEET IDAHO PUC ILLUSTRATIVE TARIFF NO. 1 Current sheets in the price list are as follows: SHEETSHEET 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 ISSUE DATE: REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original REVISION Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 ORIGINAL SHEET 2 EFFECTIVE DATE: TBD GREENFL Y NETWORKS, INC.ORIGINAL SHEET 3 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 TABLE OF CONTENTS CHECK SHEET ............................................................... .... .................... ...... ................ .......... ......... ........... .............. ............... .......2 APPLICATION OF PRICE LIST.....................................................................................................................................................5 Explanation of symbols, reference marks, and abbreviations of technical terms used in this price list ............................ ............ 5 Contact Information ......................................................... ............ .......... ..... ............... ... ......... ......... .............. ......... ................ .......5 1.0 DEFINITIONS ...........................................................................................................................................................................7 2.0 REGULATIONS ........................................................................................................................................................................8 2.1 Undertakng of the Company........................................................................... ....... .......... ......................... ...... ...... ....... ..........8 2.1.1 Scope................................................................................................................................................................................ 8 2.2 Shortage of Equipment or Facilities..... ..... ...................... ............. ............... .......... ................................. .............. ................... 8 2.3 Selection of Transmission............................................................. .......................................................................................... 8 2.4 Notification of Service-Affecting Activities ........................................................................................................................... 8 2.5 Provision of Equipment and Facilities ......................................... ................................. ............ ............ ............ ............. ......... 8 2.6 Terms and Conditions. ..................................... .......................... ................. ..................................... ........ .............. ................. 9 2.7 Non-routine Installation and Special Constrction ................................................................................................................. 9 2.8 Ownership of Facilities ..................................................................... ........... ....................................... .......... ................. .........9 2.9 Rights-of-Way ........................................................................................................................................................................9 2.10 Liability and Indemnification..................................................................................................................... ......................... 10 2.11 (reserved for future use) ......................................................................................................................................................12 2.12 Conflicts between Price List and Commssion Rules..........................................................................................................12 2.13 Allowances for Interruptions in Service.............................................................................................................................. 12 2.14 Obligations of the Customer ..................................... .......................... .................. ......... ........ ........ ................ ..................... 13 2.15 Prohibited Uses...................................................................................................................................................................13 2.16 Payments.............................................................................................................................................................................13 2.17 Taxes, Charges, Fees...........................................................................................................................................................14 2.18 Deposits ..............................................................................................................................................................................14 2.19 Refusal or Termination of Services .............................................................................................................................15 2.20 Restoration of Service......................................................................................................................................................... 17 2.21 Assignment .............. ......................... ...... ................... ......... ................. ................ .......................................... ..................... 17 2.22 Promotions ................ ................................................ .......................... ................. ................ .......................... ........... .......... 17 2.23 E911....................................................................................................................................................................................17 2.24 Public Notice........................................... ................ ............ ................ .................. ........ ......... ........ ................ ................. .... 17 3.0 SERVICES.......................................................................................................................................................................18 3.1 General........................................................................................................................................................................18 ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba Clearfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 4 IDAHO PUC ILLUSTRATIVE TARFF NO.1 3.2 Services Descriptions ..................................................................................................................................................18 3.2.1 Clearhone Service............................................................................................................................................ 18 3.2.2 Business Data Services .....................................................................................................................................19 3.2.3. Service Areas ....................................................................................................................................................19 3.2.4 (reserved for future useJ....................................................................................................................................19 3.2.5 (reserved for future useJ....................................................................................................................................19 3.2.6 (reserved for future useJ....................................................................................................................................19 3.2.7 (reserved for future useJ .................................................................................................................................... 19 3.2.8 Idaho USF Surcharges .......................................................................................................................................19 4.0 RATES AND CHARGES.........................................................................................................................................................20 4.1 Clearphone Service .............................................. ............................ ................................................... ......... ............ .............20 4.1.1 Additional Long Distance MOUs ..................................................................................................................................20 4.1.2.Additional SIP trnk ........ ....................................................................... ........................................................ ...............20 4.1.3. Direct Inward Dial (DID) Service................................................................................................................................. 21 4.1.4 Toll free service ............................................................................................................................................................. 21 4.1.5. Directory Listing........................................................................................................................................................... 21 4.1.6. Directory assistance .................................. ................................................ ............ ....... .......... ...... ........ ..................... ....22 4.2 Business Data Service...........................................................................................................................................................22 ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 5 IDAHO PUC ILLUSTRATIVE TARIFF NO. I APPLICATION OF PRICE LIST NOTE: The included tariff language does not constitute a determnation by the Commssion that a limitation of liability imposed by the Company should be upheld in a cour of law. Acceptance for filing by the Commssion recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determne the validity of the exculpatory clause. Greenfly Networks Inc. (hereinafer "The Company") has been authorized by the Idaho Public Utilities Commssion (Idaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to small business customers within the entire state of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. Explanation of symbols, reference marks, and abbreviations of technical terms used in this price list The following symbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing, rule, or condition, which may affect rates or charges D Indicates discontinued material, including a listing, rate, rule or condition I Indicates an increase M Indicates that the material has been relocated tOßnother part of price list schedules with no change in text, rate, rule or condition N Indicates new material including listing, rate, rule or condition R Indicates a reduction S Indicates reissued matter T Indicates a change in wording of text, but not a change in rate, rule or condition. Contact Information Greenfly Networks Inc. , dba Cleary Communications 222 N. 32nd St, Suite 904, Bilings, MT 59lOi http://www.cleary.net Phone: (406) 652 7500 Fax: (406) 365 lO27 Email: inf(LQiclearl1y.net Customer Contact: for establishment of service, complaints and inquires regarding service and biling, or reporting or inquiring about network outages or service problems. Customer Service: 8666527520 Commission Contact: for complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service: Tim Dodge Phone: (406) 784 0230 Fax: (406) 365 lO27 Email: tim.dodge(gJc1earf1y.net Matters concerning tariffs and regulatory affairs: Mauro Calvi ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba Clearfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFLY NETWORKS, INC. IDAHO PUC ILLUSTRATIVE TARIFF NO.1 CEO Phone: (406) 794 0221 Fax: (406) 365 lO27 Email: mauro.calviêcleary.net ISSUE DATE: Issued by: Greenfly Networks Inc., dba Clearfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 ORIGINAL SHEET 6 EFFECTIVE DATE: TBD GREENFL Y NETWORKS, INC.ORIGINAL SHEET 7 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 1.0 DEFINITIONS The following words and term when used in this price list shall have the meaning set out by this section. Access Lines: Telephone facilities which permits access to and from the Customer's premises and the telephone exchange or serving central office. Advance Payment: A payment required before the star of service. Advanced payment may consist of any required construction cost, all appropriate non-recurrng charges, and an estimate of the first month's recurrng charges. Advance Payments wil be applied to the first bil rendered by Company following implementation of services. Agent: A business representative authorized by the Company to bring about, modify, affect, accept performance of, or termnate contractual obligations between the Company and its applicants or Customers. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termnation. Application: A request made in writing for telephone service. Authorized User: A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI) The automatic transmission of a calling pary's biling account telephone number to a local exchange Company, interexchange carer or a third pary subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area: A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Company or Name of Company: Greenfly Networks Inc. Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company's regulations related to that service. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein.a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. 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 the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for 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 obligations of the respective_paries as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service: Telephone service provided to businesses with five (5) or fewer lines. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 8 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.1.1.2 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2.1.1.2 The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company's services. However, the Customer remains liable for all obligations under this price list even if such sharng or resale arangements exist regardless of the Company's knowledge of these arrangements. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 2.1.1.3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained al required governmental approvals, authorizations, licenses, consents and permts. 2.1.1.4 Company services may be connected to the services or facilities of other communications carers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carriers. 2.1.1.5 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. 2.2 Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service. Services wil be provided using a combination of third pary facilties and Company-owned facilities. 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 2.4 Notifcation of Service-Affecting Activities The Company wil provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearangements and routine preventive 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-affecting activities. The Company wil work cooperatively with the. Customer to determne reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. 2.5 Provision of Equipment and Facilities 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or before a paricular date, subject to the provisions of and compliance by the Customer with the regulations contained in ths price list. 2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not permt others to, rearange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the wrtten consent of the Company. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 9 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 2.6 Terms and Conditions 2.6.1 Service is provided on a minimum term basis of at least one month, using 24-hours per day for each day of the month. For puroses of this price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein. 2.6.2 This price list shal be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commssion. 2.7 Non-routine Installation and Special Construction 2.7.1 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 wil apply. 2.7.2 Special Constrction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (c) over a route other than that which the Company would normally utilize in the furnishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the furnishing of its services; (e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal constrction. Special constrction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company's other Customers and contractual responsibilities. 2.7.3 If required by the Company, the Customer shall make an advance payment before services are furnished and such advance payment wil be credited to the Customer's initial bil. The Company may require such an advance payment, in addition to a deposit, when additional costs are incurred to perform special or extraordinary constrction to provide services required by the customer. 2.8 Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear wil permit. 2.9 Rights-of- Way Provisioning of the Company's services is subject to and contingent upon the Company's ability to obtain and maintain rights-of- way and access to public and private property necessary for installation of the facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1eary Communications 222 N 32nd St. Suite 904 Billngs, MT 59101 GREENFLY NETWORKS, INC.ORIGINAL SHEET lO IDAHO PUC ILLUSTRATIVE TARFF NO.1 2.10 Liability and Indemnification 2.lO.1 Exculpatory Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO TH COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. 2.10.2 Liability of the Company 2.10.2.1 Except as otherwise stated in this section, the liability of the Company for damages arsing out of either: (I) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2.13. 2.10.2.2 Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.13, the Company shall not be liable to a Customer or third pary for any direct, indirect, special, incidental, reliance, consequential, exemplar or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service. 2.10.2.3 The liability of the Company for errors in biling that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously biled. 2.10.2.4. The Company shall be indemnified and saved haress by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees, due to: 2.10.2.4.1 Any act or omission of (a) the Customer, (b) any other entity from service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen, except as contracted by the Company; 2.10.2.4.1 Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; stries, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; 2.10.2.4.2 Any unlawful or unauthorized use of the Company's facilities and services; 2.10.2.4.3 Libel, slander, invasion of privacy or infrngement of patents, trade secrets, or copyrights arising from or in connection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services; 2.10.2.4.4 Breach in the privacy or security of communications transmitted over the Company's facilities; 2.10.2.4.5 Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilties or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billngs, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 11 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 required by the Company and is not provided to the Customer, in which event the Company's liability is limited as set forth in this Subsection 2.10.2. 2.10.2.4.6 Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; 2.10.2.4.7 Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be connected to the Company's facilities; 2.10.2.4.8 Any non completion of calls due to network busy conditions; 2.10.2.4.9 Any calls not actually attempted to be completed durig any period that service is unavailable; 2.10.2.4.10 Any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company's services or facilities. 2.lO.2.5. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. 2.10.2.6. The Company makes no waranties or representations, EXPRESS OR IMPLIED, either in fact or by operation of law, statutory or otherwise, including waranties of merchantability or fitness for a particular use, except those expressly set forth herein. 2.10.2.7. Failure by the Company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other provisions. 2.10.2.8. Directory Errors - In the absence of gross negligence or wilful misconduct, no liability for damages arsing from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions of listing obtainable from the directory assistance operator, including errors in the reportng thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly tarff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tarff rate for an additional listing, for the life of the directory or the charge period during which the error, mistae or omission occurs. 2.10.2.9. With respect to Emergency Number 911 Service: 2.10.2.9.1 This service is offered solely as an aid in handling assistance calls in connection with fire, police and other emergencies. The Company is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether sufered, made instituted or asserted by the Customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: (I) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service. 2.10.2.9.2 Neither is the Company responsible for any infrngement, nor invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or paries accessing emergency 911 service, and which arise out of the negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of anyone of them. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFLY NETWORKS, INC.ORIGINAL SHEET 12 IDAHO PUC ILLUSTRTIVE TARFF NO. I 2.10.2.9.3 When a Customer with a non published telephone number, as defined herein, places a call to the emergency 911 service, the Company wil release the name and address of the calling pary, where such information can be determned, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. 2.11 (reservedfor future use) 2.12 Conflicts between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected by Commssion rules, Commssion rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute. 2.13 Allowancesfor Interruptions in Service A credit allowance wil be given for interruptions of service, subject to the provisions of this section. 2.13.1 Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An interrption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 2.13.1.1 The Company must restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 2.13.1.2 within 24 hours after the report of the outage if no emergency exists. 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. 2.13.1.3 If the Company does not restore service within the times required by this paragraph, the Company wil credit the customer's account for an amount equal to the monthly rate for one (I) month of basic local exchange service. 2.13.2 Limitations on Allowances No credit allowance wil be made for: 2.13.2.1 interrptions due to the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; 2.13.2.2 interrptions 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; 2.13.2.3 interruptions of service during a 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 arangements; or 2.13.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers.ISSUE DATE: EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFLY NETWORKS, INC.ORIGINAL SHEET 13 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 2.14 Obligations of the Customer 2.14.1 The Customer shall provide at no charge, as specified by the Company, any personnel, equipment, space, power, heating and air conditioning needed to operate, and maintain a proper operating environment for the Company's facilities and equipment installed on the Customer's premises 2.14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessar to determne that the Customer is complying with the requirements set forth herein for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 2.14.3 If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessar to protect its facilities, equipment, and personneL. The Company wil notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from har. 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company's facilities or equipment installed at the Customer's premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 2.15.1 Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in par, of the price listed charges for the service including but not limited to: (a) rearanging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or (b) using fraudulent means or devices, trcks, schemes, false or invalid numbers, false credit devices, or electronic devices. 2.16 Payments 2.16.1 Customer Obligations 2.16.1. The Customer shall pay outstanding charges in full within 15 of the invoice date. Fixed monthly recurring charges normally wil be invoiced in advance, while usage-dependent charges (such as toll-free service charges) wil be invoiced in arears. Invoices wil be sent to Customer on or about the first of the month for which the charges apply. Amounts not paid within 25 after the date of the invoice are considered delinquent. 2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer's present and former employees, agents and authorized users were not responsible for calls biled to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company's willul or negligent act. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 14 IDAHO PUC ILLUSTRTIVE TARFF NO.1 2.16.2 Disputed Bils 2.16.2.1 Any Customer who disputes a portion of a bil rendered for Company services shall pay the undisputed porton of the bil and notify the Company that such unpaid amount is in dispute within thity (30) days of receipt of the bilL. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bil statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer's rights under the provisions oflDAPA 31.41.01.204 to challenge any biling amount due or paid to the Company. 2.16.2.2 In the event a Customer and the Company cannot resolve a billng dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission P.O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 1-800-432-0369 (from outside the local calling area) 2.16.3 Payment Arangements 2.16.3.1 When a Customer cannot pay a bil in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bil to be paid immediately, and the manner in which the balance of the outstanding bil wil be paid. 2.16.3.2 In deciding on the reasonableness of a particular agreement, the Company wil take into account the Customer's ability to pay, the size of the unpaid balance, the Customer's payment history and length of service, and the amount of time and reasons why the debt is outstanding. 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insuffcient to pay the tota balance due shall be applied. If applicable, and in the absence of instrctions from the Customer, a parial payment shall be allocated first to local exchange services. (See IDAP A.31.41.01 Rule 306.06.J Such payments shall be applied first to the oldest undisputed balances. 2.16.3.5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment arangement. 2.16.3.7 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. 2.17 Taxes, Charges, Fees In addition to the rates and charges described in ths price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes, charges or fees from the Customer, these taxes, charges and fees wil be itemized separately on the Customer's bil. 2.18 Deposits 2.18.1 The Company wil not require advance deposits. ISSUE DATE: EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 15 IDAHO PUC ILLUSTRATIVE TARFF NO. I 2.19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant, the Company wil provide the applicant with a written explanation of its reIusal to serve. The written explanation shall include: a) the reasons for denial of the service; b) actions the applicant may take in order to receive the denied service; and c) a statement that the Customer may fie an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 2.19.1.1 the applicant has an outstanding amount due to the CompanyJor similar utility services and the applicant is unwiling to make acceptable arangements with the Company for payment; 2.19.1.2 a condition exists that, in the Company's judgment, is unsafe or hazardous to the applicant, the general population, or the Company's personnel, agents or facilities; 2.19.1.Reserved for future use. 2.19.1.4 the applicant is known to be in violation of the Company's price lists filed with the Commission; 2.19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 219.1.6 the applicant has falsified his/her identity for the purpose of obtaining service. 2.19.2 Grounds for Termnation with Written Prior Notice Except as otherwse specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 2.19.2.1 for nonpayment of any undisputed amounts owing to the Company; 2.19.2.2 for services provided to premises that have been vacated by the Customer; 2.19.2.3 for tampering with the Company's property; 2.19.2.4 for violation of rules, service agreements, or filed price lists; 2.19.2.5 for use of Customer equipment which adversely affects the Company's property, facilities, or service to its other Customers, or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 2.19.2.6 for fraudulent obtaining or use of service, including, but not limited to: (a) providing false information to carer the Company regarding the Customer's identity, address, creditworthiness, or current or planned use of common communications; ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 16 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 (b) using or attempting to use service by rearanging, tampering with, or makng connection to the Company's service where not authorized by this price list; (c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or (d) any other fraudulent means or device. 2.19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer's permission for one or more of the following reasons: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety, or property exists, or it is necessar to prevent a violation of federal, state or local safety or health codes. 2.19.3.2 Ordered to Termnate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 2.19.3.3 Services Obtained Ilegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company. 2.19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. 2.19.3.5 Misrepresentation ofldentity. The Customer has misrepresented the Customer's identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any governmental prohibition, or required alteration of the services provided, or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. 2.19.4 Notice of Disconnection 2.19.4.1 Seven-Day Notice Except as otherwise provided under the provisions ofIDAPA 31.41.01.303.04 and 31.41.01.305, the Company wil mai to the Customer written notice of termnation at least seven (7) calendar days before the proposed date of termnation. The wrtten notice wil contain the information required by IDAPA 31.41.01.306. 2.19.4.2 Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termnation, the Company wil diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termnation. Oral Notice will contain the same information as required by IDAPA 31.41.01.306. 2.19.4.3 Additional Notice If the Company does not termnate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arangements have not been made with the Customer, the Company wil again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not termnated service within twenty-eight (28) days of mailing a written notice of termination, but stil intends to termnate, the Company wil again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba Clearfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 17 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 2.19.5 Customer Cancellation of Service If the Customer cancels a service order or termnates service before the completion of the term of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termnation charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the serv ice order. 2.20 Restoration of Service 2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer reuest that service be restored durig a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. 2.21 Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights, privileges or obligations under this price list to any subsidiar, parent, or afliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings from time to time. The Company wil notify the Idaho PUC ten (lO) days in advance of the rates, terms & conditions of any such promotions. 2.23 E911 The Company wil provide necessary Customer information to the incumbent local exchange carier for appropriate routing of E911 calls. The Company's switches will be equipped with E911 trnks and all E911 traffic wil be switched by the Company to the incumbent local exchange carrier for routing. 2.24 Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected wil always constitute public notice ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 18 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 3.0 SERVICES 3.1 General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer 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 price list; (c) access certain interstate and international calling services provided by the Company; (d) access the Company's operators and business offices for service related assistance; (e) access emergency services by dialing 0- or 9-1-1; and (f) access services provided by other common carers which purchase the Company's Switched Access Services as provided under the Company's Federal and State price lists or price list, or which maintain other types of traffic exchange arangements with the Company. 3.2 Services Descriptions 3.2.1 Clearphone Service 3.2.1.1. Local Exchange Service 3.2.1.1.1 The Company resells local exchange voice and data services, to business customers only, on a l1at rate basis over broad-band facilities, such as DSL or T-l circuits. 3.2.1.1.2. The Company provides services through its own Facilities or through facilities owned, operated or maintained by the Incumbent Local Exchange Carer or Competitive Local Exchange Carers. Depending on the Customer's needs, they have a choice of features to which they can subscribe as set forth in this tariff. 3.2.1.1.3. Local Service provides the Business Customer with touch-tone, voice-grade telecommunications services that can be used to place or receive calls. The Customer may place calls to any local calling station in the local calling area. Additionally, subject to availability, the Customer may access certain features, including, operator services, directory assistance, enhanced 911 (where available to Company), custom calling features, including voice mail (whereavailable) and telecommunications relay services. The Customer may also place calls to toll-free numbers where equipment allows. 3.2.1.1.4. Clearhone Service is provided to any location where activities are of a business, trade, or professional nature. Business service is also provided to schools, hospitals, librares, churches, lodges, and other similar institutions. 3.2.1.1.5. Company does not publish a directory or other similar listing of its Customers. However, Company wil arange for Customers, other than Customers requesting non-published service, to be listed in the directories and directory assistance records of the applicable incumbent local exchange carer in accordance with the incumbent's listing service Price List schedule, subject to availability of such listing service to Company's Customers. Company hereby concurs in such schedules on fie with the Commssion that are current and effective as of the effective date of this Price List sheet. 3.2.1.1.6. Timing of calls begins when the called station is answered, as determned by standard industry methods generally in use for ascertaining answer, including hardware answer supervision in which the local telephone company sends a signal to the switch or the software utilizing audio tone detection. The Company does not bill for incomplete calls. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1eary Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 19 IDAHO PUC ILLUSTRTIVE TARIFF NO.1 3.2.1.2 Interexchange Service 3.2.1.2.1. Clearhone Service features switched or dedicated access service offering commercial users outbound "i plus" long distance telecommunications services. 3.2.1.2.2. Toll Free Service is a switched or dedicated access service offering commercial users inbound, toll free long distance telecommunications services. This service enables the caller to contact the Customer without incurng toll charges, through the use of an assigned toll free number. The Customer pays for the call. 3.2.1.2.3. The minimum call duration for biling purpses depends on the service provided. 3.2.1.2.4. Any portion of an applicable increment, after the appropriate minimum time for the call, will be rounded upward to the next increment. Calls less than the minimum length wil be rounded to the minimum length. 3.2.2 Business Data Services 3.2.3.1. Clearhone Data Only Service is a service involving dedicated circuits, private switching arrangements and/or predefined transmission paths, virual or physical, which provide communications between specific locations. 3.2.3. Service Areas 3.2.2.1.Unless otherwise specified in this Price List, the Company's local exchange Service Area is statewide. 3.2.2.2.Unless otherwise specified in this Price List, Company's interexchange Service area is statewide. 3.2.2.3. Company's description of service area in no way compels Company to provide any Service in an area where facilities or other extenuating factors limit Company's ability to provide Service. 3.2.4 (reserved for future use) 3.2.5 (reserved for future use) 3.2.6 (reserved for future use) 3.2.7 (reserved for future use) 3.2.8 Idaho USF Surcharges A surcharge is assessed on all access lines to contrbute towards funding for an Idaho Universal Service Fund. The Surcharge Rate is established by the Commssion and wil be assessed to each business and residential line. ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfy Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 20 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 4.0 RATES AND CHARGES 4.1 Clearphone Service Clearphone is made available in 5 configurations, depending on the customer's size and needs. Each configuration includes Local Exchange and Interexchange services as well as the following features: A.a specific type (DSL or T-!) and number of circuits B. a minimum number of Voice SIP Trunks. A Voice SIP Trunk is defined as a concurrent full-duplex SIP voice session. Additional Voice SIP Trunks can be purchased, up to the maximum allowed for the specific configuration. C. a minimum number of Direct Inward Dialing (DID) numbers. Additional DIDs can be purchased D.a minimum number and type of Directory Listing services E. additional non-voice services (e.g. fax-to-emai) 4.1.1 Additional Long Distance MOUs MOUs in excess of the ones included in each Clearhone package (see above table) Additional LD MOUs $.50 4.1.2.Additional sip trunk Individual Voice SIP Trunk service is optional feature which can be purchased in conjunction with Company-provided Clearhone Service. Each SIP trnk includes i ,500 Long Distance MOUs Individual SIP Trunk $100 $200 ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFLY NETWORKS, INC.ORIGINAL SHEET 21 IDAHO PUC ILLUSTRATIVE TARIFF NO.1 4.1.3. Direct Inward Dial (DID) Service DID service is an optional feature which can be purchased in conjunction with Company-provided Clearphone Bundle Service. DID service transmits the dialed digits for all incoming calls allowing the Customer's PBX to route incoming calls directly to individual stations corresponding to each individual DID number. 4.1.4 Toll free service This service is inbound calling only where an 800, 888 or other toll-free prefix number rings into a Customer's premise routed to a specific telephone number or termnated over a dedicated facility. Toll Free Services are sold in configurations that feature a certain number of MOUs included in a flat monthly fee, and a per-minute charge that applies when the Customer exceeds the allotted MOUs (Overage Rate). Product Packages A.Basic toll free: charged on a per minute basis staring with first minute of usage, plus a monthly fee. B. Toll-free 500. Customer pays monthly fee and can share up to 500 minutes per month across all users in organization. MOUs in excess of 500 are charged on a per minute basis C. Toll-free 1,000: Toll-free 1,000. Customer pays monthly fee and can share up to i ,000 minutes per month across all users in organization. MOUs in excess of 1,000 are charged on a per minute basis D.Toll-free 2,500: Toll-free 2,500. Customer pays monthly fee and can share up to 2,500 minutes per month across all users in organization. MOUs in excess of 2,500 are charged on a per minute basis E. Toll-free 5,000: Toll-free 5,000. Customer pays monthly fee and can share up to 5,000 minutes per month across all users in organization. MOUs in excess of 5,000 are charged on a per minute basis Basic Toll-Free Toll-free 500 Toll-free 1,000 Toll-free 2,500 Toll-free 5,000 $10 $75 $150 $339 $600 $.25 $.25 $.25 $.25 $50 $50 $50 $50 4.1.5. Directory Listing Listings Additional Listings Nonlisted Service Nonpublished Service Toll-Free Directory Listings Straight Line Under Listings Captions and Subcaptions Listings $0 $10 $lO $lO $30 $10 $lO $0 $50 $50 $50 $50 $50 $50 ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Bilings, MT 59101 GREENFL Y NETWORKS, INC.ORIGINAL SHEET 22 IDAHO PUC ILLUSTRATIVE TARIFF NO. I 4.1.6. Directory assistance A Customer may obtain assistance, for a charge, in determning a telephone number by dialing Directory Assistance Service. Calls are completed automatically after the desired number has been located. Directory Assistance $2.0 4.2 Business Data Service T1 Circuit VPN management Service (per customer site) $2,000 $500 $1,000 $500 ISSUE DATE:EFFECTIVE DATE: TBD Issued by: Greenfly Networks Inc., dba C1earfly Communications 222 N 32nd St. Suite 904 Billings, MT 59101