20151110Notification of Company Name Change.pdf

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November 6,2015
Via Email
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472West Washington
Boise,ID 83702
RE: Hypercube Telecom, LLC - Notification of Company Name Change
Dear Ms. Jewell:
Enclosed, please find an original and three (3) copies of this filing. Hypercube Telecom, LLC (the
"Company") hereby notifies the Commission that it has changed its name to West Telecom Services,
LLC. The Company respectfully requests that the Commission issue an updated certificate, if applicable,
to reflect the Company's name as "West Telecom Services, LLC." The Company is authorized to provide
resold and facilities-based local exchange and long distance telecommunications services in ldaho
pursuant to authority granted in Case No. GNR-T-01-l l; Certificate No. 407.
A copy of the Company's name change filing with the Idaho Secretary of State is attached hereto as
Exhibit A. The Access replacement tariffis attached hereto as Exhibit B.
The Company has changed its name as part of a recent rebranding and marketing campaign by its ultimate
parent company, West Corporation. The immediate parent company of the Company has also changed its
name from Hypercube, LLC to West Telecom Services Holdings, LLC in connection with this brand
marketing campaign by West Corporation. The Company's name change does not entail any
restructuring, merger or other transaction impacting the corporate existence or management of the
Company, and it will not affect the services or rates provided to customers of the Company. Further,
notice has been provided to each customer of the Company in a transmittal separate from the bill. The
text of the customer notice is attached hereto as Exhibit C. Additionally, brief reminders will be placed as
messages on the customer bills.
Any questions you may have regarding this filing should be directed to my attention at 407-740-3002 or
via email to [e-mail]. Thank you for your assistance in this matter.
Connie
Consu
cc:
file:
tms:
Enclosures
CWlw
Karen Tumer, West Telecom Services, LLC, [e-mail]
Hypercube - Idaho
IDxl50l
2600 Maitland Center Parkway, Suite 300 - Maitland, FL 32751
P.O. Drawer 200 - Winter Park, FL 32790-0200 '.Telephone: [phone] - Facsimile: [phone]
www.tminc.com
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AMENDED CERTIFICATE OF REGISTRATION
OF,
HYPERCUBE TELGOM, LLC
' File Number W 14326
;
l, LAWERENCE DENNEY, Secretary of the State, hereby ceftify that an
Application for Amended Foreign Registration has been received in this office and is
found to conform to law. : ,
ACCORDINGLY and by virtue of the autliority vested in me by law, I issue this
rAmended Certificate of Foreign Registration to reflect the name ehange from
HYPERCUBE TELECOM, LLC to WEST TELECOM SERVICES, LLC and attach
hereto a duplicate of the application for such amended certificate.
' Dated: September 11, 2015
N#*
SECRETARY OF STATE
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De[oware PAGE 7
lTu first State
I, tr&FgpaY w_ BaLLocK, SECRETARy OF STATE OF THE STATE OF
DEI.AWARE, DO EERjEBY CERTTW TEE ATTACEED IS A TRT,E AliID CORRECT
COPY OF THE CERTTI' I:CATE OF AMENDMENT OF I,HYIERCUBE TELECOI"I,
LLC", CEANIGI,NG TTS NALIE ?ROM ,EYPERCUBE TELECOM| LLC" TO ,WEST
TELECOM SERVICES, LLC", FILED TN TITIS OFFICE ON THE THTRTY-ETRST
DAY OF AAdUST, A.D. 2075, AT 5:57 O'CLOCK P.M.
334482s 8700
757239005
Jeffrey W. Bullock, Secretary ofState.IoIV: 2697442
You ,Ev verifv t}is certificate onlineat corfo . delawrare . qow/ authver. shEa.L
DATE:08-37-75
Staf,e of De.laware*creElr', of SfateDiwision o{ co4nraEionsxelivered. 05:57 PM 08/37/2075
IjIJED 05:57 PM 08/37/2075sRv 751239A05 - 3344825 Err,E
l.
STATE OF DELA.WARE
CERTIF'ICATE OF AMENDMENT
Name of Limited Liability Company:Hypercube Te1ecom, IJLC
The Certificate of Formation of the limited liabitity company is hereby amended
as follows:
I. ?he name of the LtC is being amended to West
lecom Services, LIrC.
IN WITNESS WIIEREOF, the undersigned have executed this Certificate on
ftg 3LsE day of August 4.p.201-5
11n,o".David C. Mussman
Print or Type
Exhibit B
Access, Interexchange and Local Replacement Tariffs
HyperCube
r{est i xypercuue, LLc is a subsidhry
1...".---....,. otWest Corporatlon
3200 W. Pleasant Run Rd.
Suite 300
Lancaster, fX 75146
September 7,2OL5
RE: lmportant Notice from Hypercube Telecom, LLC ("HyperCube")
DearValued Customer:
Hypercube Telecom, LLC will soon be changing its name to WestTelecom Seruices, LLC to better align
with our parent company West Corporation under a unified brand. Our e-mail address will change to
[e-mail]. All other aspects of your service and account remain the same. This is a
name change only; no assignment or transfer of authority is taking place.
We will notifli you at a later date when the name change becomes official. For your convenience, the
payment address will remain the same:
PO Box 561429
Denver CO 80256-1429
ACH payment and banking information also remains the same:
Routing Number: 104000029
Account Number: 105701001171
lf you have any questions, please contact our team by phone al (4691727-1593 or by email at
[e-mail]. Thank you for your continued business. We look forward to serving you.
Sincerely,
Bob Vidakovic
Director of Billing
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page I
ACCESS SERVICES
This tarilf llest Telecont Services, LLC SCHEDULE ldaho P.U.C. No, 2-T replaces Hypercube Telecom, LLC
SCHEDULE ldaho P.U.C. No. 1-T currently ort lile willt the Commission irt its entirety due to Contpany name
change.
REGULATION AND SCHEDULE OF INTRASTATE CHARGES
GOVERNING THE PROVISION OF SWITCHED ACCESS SERVICES
FOR CONNECTION TO COMMUNICATIONS FACILITIES WITHTN
THE STATE OF IDAHO
Provided by:
West Telecom Services, LLC
Toll Free Number: 866-905-1735
This tariff contains the descriptions, regulations and rates applicable to the fumishing of
competitive access service and facilities for telecommunications services provided by West
Telecom Services, LLC within the State of Idaho. This tariff is on file with the Idaho Public
Utilities Commission. Copies may be inspected during normal business hours at the Company's
principal place of business at 3200 West Pleasant Run Road, Suite 300, Lancaster, Texas 75146.
Issued: November 9,2015
Advice Letter 12-01
Effective: November 20,2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page2
ACCESS SERVICES
CHECK SHEET
Sheets of this tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and revised
sheets as named below comprise all changes from the original tariff and are currently in effect as of the date on the
bottom ofthis sheet.
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* - indicates those pages included with this filing
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idx150l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No. 2-T
Original Page 3
ACCESS SERVICES
TABLE OF CONTENTS
Title Page
Check Sheet
Table of Contents
Section I - Definitions
Section 2 - Rules and Regulations
Section 3 - Switched Access Service
Section 4 - Switched Access Rates
Section 5 - Contracts and Individual Case Basis Arrangements
Section 6 - Miscellaneous Services
I
2
3
6
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57
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 4
ACCESS SERVICES
SYMBOLS
The following are the only symbols used for the purposes indicated below:
(C) to signifl changed condition or regulation.
(D) to signify discontinued rate, regulation or condition.
(I) to signify increase.
(M) to signi$ that material has been transfened from another page or place in the tariff.
(N) to signiff new rate, regulation, condition or sheet.
(R) to signiff reduction.
(T) to signiff a change in text for clarification.
(Z) to signiff a correction
Issued: November 9,2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 5
ACCESS SERVICES
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper right comer of the sheet. Sheets are numbered
sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between
sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15
would be 14.1.
Sheet Revision Numbers - Revision numbers also appear in the upper right comer of each sheet. These
numbers are used to determine the most current sheet version on file with the Commission. For example,
the 4"' revised Sheet 14 cancels the 3 d revised Sheet 14. Because of various suspension periods, deferrals,
etc. the Commission follows in its tariff approval process, the most current sheet number on file with the
Commission is not always the sheet in effect. Consult the Check Sheet for the sheet currently in effect.
Paragraph Numbering Sequence -There are nine levels of paragraph coding. Each level of coding is
subservient to the next higher level:
)
2.1
2.1.1
2.1.1.A.
2.1.1.A.1.
2.Ll.A.l.(a)
2.1.1 .A.I.(a).I.
2.1 .1 .A.I.(a).I.(i).
2.1 .l .A.I.(a).I.(D.( l).
Check Sheets - When a tariff filing is made with the Commission, an updated Check Sheet accompanies the
tariff filing. The Check Sheet lists the sheets contained in the tariff, with a cross-reference to the current
revision number. When new sheets are added, the Check Sheet is changed to reflect the revision. All
revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on
this sheet if these are the only changes made to it (i.e., the format, etc. remain the same, just revised
revision levels on some sheets.) The tariff user should refer to the latest Check Sheet to find out if a
particular sheet is the most current on file with the Commission.
Issued: November 9, 2015
Advice Letter l2-01
Effective: Novdmber 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 6
ACCESS SERVICES
SECTION I.DEFINITIONS
Certain terms used generally throughout this tariff for the Access Services of this Company are defined below.
Access Code: A uniform seven digit code assigned by a Common Carrier to an individual customer. The seven digit
code has the form 950-XXXX or IOI-XXXX.
Access Service: Switched Access to the network of an Interexchange Carrier for the purpose of originating or
terminating communications.
Access Service Request (ASR): The industry service order format used by Access Service Customers and access
providers as agreed to by the Ordering and Billing Forum.
Access Tandem: A switching system that provides traffic concentration and distribution function for originating or
terminating traffic as an intermediate carrier between other switching facilities that originate or terminate calls to or
from an End User.
Authorized User: A person, firm, corporation or other entity that either is authorized by the Customer to use Access
Services or is placed in a position by the Customer, either through acts or omissions, to use Access Services.
Carrier or Common Carrier: See Interexchange Carrier or Exchange Carrier.
CMRS: Commercial Mobile Radio Service
Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange
seryice in the state.
Commission: The Idaho Public Utilities Commission
Common Channel Signaling (CCS): A high-speed packet switched communications network which is separate (out
of band) from the public packet switched and message networks. It is used to carry addressed signaling messages for
individual trunk circuits and/or database related services between signaling points in the CCS network.
Company: West Telecom Services, LLC, issuer of this tariff.
Conshuctive Order: Delivery of calls to or acceptance of calls from the Company's locations constitutes a
Constructive Order by the Customer to purchase switched access services as described herein. Similarly the
selection by a Company's End User of the Customer as the presubscribed IXC constitutes a Constructive Order of
switched access by the Customer.
Customer: The person, firm, corporation or other entity which orders Service or receives service including through a
Constructive Order and is responsible for the payment of charges and for compliance with the Company's tariff
regulations. The Customer could be an interexchange carrier, a local exchange carrier, a wireless provider, any other
Carrier that operates in the state, or other provider originating or terminating toll VoIP-PSTN traffic.
8XX Data Base Access Service: The term "8XX Data Base Access Service" denotes a toll-free originating
Trunkside Access Service when the 8XX Service Access Code (i.e., 800,822,833,844,855, 866, 817,or 888 as
available) is used.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original PageT
ACCESS SERVICES
SECTION I -DEFINITIONS (CONT'D.)
End User: Any individual, association, corporation, governmental agency or any other entity other than an
Interexchange Carrier which subscribes to local exchange services, interexchange services, CMRS, VoIP services,
or other telecommunications service provided by an Exchange Carrier, Common Carrier, Wireless Provider, VoIP
Provider or other provider of services that transit the Company's facilities.
Entrance Facility: A trunk facility connecting the Customer's point of presence with the local switching center.
Exchange Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or
corporation engaged in the provision of local exchange telephone service, CMRS, wireless services or VoIP
services.
Firm Order Confirmation (FOC): Acknowledgment by the Company of receipt of an Acc'ess Service Request from
the Customer and commitment by the Company of a Service Date.
Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based on the
specific circumstances of the Customer's situation.
Inter-MTA Traffic: Wireless traffic originating on the network of a CMRS provider within one MTA and
terminating to End Users in another MTA.
Internet Protocol (IP): The method or protocol by which data is sent from one computer to another on the Internet.
Internet Protocol (IP) Signaling: A packet data-oriented protocol used for communicating call signaling information.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No. 2-T
Original Page 8
ACCESS SERVICES
SECTION I -DEFINITIONS (CONT'D.)
Intra-MTA Traffrc: Wireless traffic originating on the network of a CMRS provider within a MTA and terminating
to End Users in the same MTA.
Interexchange Carrier (IXC) or Interexchange Common Carrier: Any individual, partnership, association, joint-stock
company, trust, governmental entity or corporation engaged in state or foreign communication for hire by wire or
radio, between two or more exchanges.
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 for the provision and
administration of communications services.
Line Information Data Base (LIDB): The data base which contains base information such as telephone numbers,
calling card numbers and associated billed number restriction data used in connection with the validation and billing
of calls.
Local Access: The connection between a Customer's premises and a point of presence of the Exchange Carrier.
Local Switching Center: The switching center where telephone exchange service Customer station channels are
terminated for purposes of interconnection to each other and to interoffice Trunks.
Local Traffrc: Traffic, other than 8XX calls, is "Local Traffrc" under this tariff if: (i) the call originates and
terminates in the same exchange area, or (ii) the call originates and terminates within different West Telecom
Services, LLC Exchanges that share a common mandatory local calling area, e.g., a mandatory Extended Local
Calling Service (ELCS) or Extended Area Service areas (EAS) or other like types of mandatory local calling scopes.
Meet Point A point of interconnection that is not an end office or tandem.
lssued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 9
ACCESS SERVICES
SECTION I -DEFINITIONS (CONT',D.)
Meet Point Billing: The arrangement through which multiple Exchange Carriers involved in providing Access
Services, divide the ordering, rating, and billing of such services on a proportional basis, so that each Exchange
Carrier involved in providing a portion of the Access Service agrees to bill under its respective tariff.
Mobile Telephone Switching Office: Location where the wireless Customer maintains a facility for purposes of
interconnecting to the Company's Network.
Mutual Traffic Exchange: A compensation arrangement between certified local exchange service providers where
local exchange service providers pay each other "in kind" for terminating local exchange traffic on the other's
network.
Network Services: The Company's telecommunications Access Services offered on the Company's Network.
Nonrecurring Charges: The one-time initial charges for services or facilities, including but not limited to charges for
construction, installation, or special fees, for which the Customer becomes liable at the time the Service Order is
executed.
Off-Hook: The active condition of Switched Access or a telephone exchange service line.
Optional Expanded Area Service Traffic (OEAS): Optional service found in large urban areas financed by separate
charge on end users that elect service as defined by a tariffapproved by the Commission.
On-Hook: The idle condition of switched access or a telephone exchange service line.
Out of Band Signaling: An exchange access signaling feature which allows Customers to exchange call control and
signaling information over a communications path which is separate from the message path.
Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the
Company's Network.
Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous
properly (except railroad rights-of-way, etc.).
Presubscription: An arrangement whereby an End User may select and designate to the Company an Interexchange
Carrier (IXC) or Carriers it wishes to access, without an Access Code, for completing both intraLATA toll calls
and/or interLATA calls. The selected IXC(s) are referred to as the End User's Primary Interexchange Canier (PlC).
Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which continue for
the agreed upon duration ofthe service.
Service Order: The written request for Network Services executed by the Customer and the Company in a format
devised by the Company; or, in the alternative, the submission of an Access Service Request by the Customer in the
manner specified in this tariff.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page l0
ACCESS SERVICES.
SECTION I -DEFTNTTTONS (CONT'D.)
Service(s): The Company's telecommunications Access Services offered on the Company's Network.
Signaling Point of Interface: The Customer designated location where the SS7 signaling information is exchanged
between the Company and the Customer.
Signaling System 7 (SS7): The common Channel Out of Band Signaling protocol developed by the Consultative
Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute
(ANSr).
Switched Access Service: Access to the switched network of an Exchange Carrier for the purpose of originating or
terminating communications. Switched Access is available to Carriers, as defined in this tariff.
Time Division Multiplexing (TDM): A method of transmitting and receiving voice signals over the Public Switched
Telephone Network (PSTN).
Toll VoIP-PSTN Traffic: A Customer's interexchange voice traffic exchanged with the Company in Time Division
Multiplexing format over PSTN facilities, which originates and/or terminates in Internet Protocol (IP) format. Toll
VoIP-PSTN Traffrc originates and/or terminates in IP format when it originates from and/or terminates to an end
user customer of a service that requires IP-compatible customer premises equipment.
Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-
to-end connection.
VoIP Provider: Any individual association, corporation, governmental agency or any other entity that is providing
voice over internet protocol. The VoIP provider may or may not be certified by the Idaho Public Utilities
Commission.
VoIP Service: Transmission of communication by aid of wire, cable, radio, or other like connection using Voice
over Internet Protocol that is originated or terminated in Internet Protocol ("IP") format. VoIP services are those
services that require the use of IP compatible customer premises equipment.
Wireless Provider: Any carrier authorized to operate as a provider of cellular, personal communications, paging,
CMRS, or any other form of wireless transmission.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 1l
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS
2.1 Undertaking of The Company
2.1.l Scope
The Company services offered pursuant to this tariff are furnished for Switched Access Service.
The Company may offer these services over its own or resold facilities.
The Company installs, operates, and maintains the communications services provided herein in
accordance with the terms and conditions set forth under this tariff the Company may act as the
Customer's agent for ordering access connection facilities provided by other carriers or entities as
required in the Commission's rules and orders, when authorized by the Customer, to allow
connection of a Customer's location to the Company network. The Customer shall be responsible
for all charges due for such service agreement.
The Company's services and facilities are provided on a monthly basis unless otherwise indicated,
and are available twenty-four hours per day, seven days per week.
2.1.2 Shortage of Equipment or Facilities
A. The Company reserves the right to limit or to allocate the use of existing facilities, or of
additional facilities offered by the Company when necessary because of lack of facilities or
due to some other cause beyond the Company's control.
B. The furnishing of service under this tariff is subject to the availability on a continuing basis
of all the necessary facilities and is limited to the capacity of the Company's facilities as
well as facilities the Company may obtain from other Carriers from time to time, to furnish
service as required at the sole discretion of the Company.
C. The provisioning and restoration of service in emergencies shall be in accordance with Part
64, Subpa( D, Appendix A of the Federal Communications Commission's Rules and
Regulations, which specifies the priority system for such activities.
2.1.3 Terms and Conditions
A. Except as otherwise provided herein, service is provided and billed on the basis of a
minimum period of at least one month, and shall continue to be provided until canceled by
the Customer, in writing, on not less than 30 days notice. Unless otherwise specified
herein, for the purpose of computing charges in this tariff a month is considered to have 30
days.
B. Customers seeking to cancel service have an affirmative obligation to block traffic
originating from or terminating to the Company's network. By originating traffic from or
originating haffic to the Company's network, the Customer will have constructively
ordered the Company's switched access service.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idx1501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 12
ACCESS SERVICES
2.1
SECTTON 2- RULES AND REGULATTONS (CONT'D.)
Undertaking of the Company (Cont'd.)
2.1.3 Terms and Conditions (Cont.)
C. The Customer agrees to operate Company-provided equipment in accordance with
instructions of the Company or the Company's agent. Failure to do so will void Company
liability for intemrption of service and may make the Customer responsible for damage to
equipment pursuant to section 2.1.3.1) below.
D. The Customer agrees to return to the Company all Company-provided equipment
delivered to Customer within five (5) days of termination of the service in connection with
which the equipment was used. Said equipment shall be in the same condition as when
delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the
Company, upon demand, for any costs incurred by the Company due to Customer's failure
to comply with this provision.
E. A Customer that uses access services provided by the Company without submitting an
actual order will be presumed to have ordered access services by using said services and
charging its End User for retail services that could not be provided without the use of
access services.
F. In any action between the parties to enforce any provision of this tarifi the Company shall
be entitled to recover its legal fees and court costs from the Customer in addition to other
relief a court may award when it is the prevailing parly.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
2.1
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page l3
ACCESS SERVICES
SECTION 2- RULES AND REGULATTONS (CONT',D.)
Undertaking of The Company (Cont'd.)
2.1.4 Liability of the Company
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 the court's responsibility to determine the validity of the
exculpatory clause.
A. The liability of the Company for damages arising out of the furnishing of its Services,
including but not limited to mistakes, omissions, interruptions, delays, errors, other defects,
or representations by the Company, or use of these services or damages arising out of the
failure to furnish the service whether caused by act or omission, shall be limited to the
extension of allowances for intemrption as set forth in 2.6 below. The extension of such
allowances for intemrption 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.
B. With respect to any other claim or suit, by a Customer or by any others, for damages
associated with the ordering (including the reservation of any specific number for use with
a service), installation (including delays thereof), provision, termination, maintenance,
repair interruption or restoration of any service or facilities offered under this tarife and
subject to the provisions of the Company's liability, if any, shall be limited as provided
herein.
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 inshumentality of any one or more of these
federal, state, or local governments, or of any military authority, preemption of existing
service in compliance with national emergencies; insurrections; riots; wars; unavailability
of rights-of-way or materials; or strikes, lockouts work stoppages, or other labor
difficulties.
The Company shall not be liable for (a) any act or omission of any entity furnishing the
Company or the Company's Customers facilities or equipment used for the interconnection
with Access Services, or (b) for the acts or omissions of other Common Carriers.
C.
D.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 14
ACCESS SERVICES
2.1
SECTION 2- RULES AND REGULATIONS (CONT'D,)
Undertaking of The Company (Cont'd.)
2.1.4 Liability of the Company (Cont'd.)
F.
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.
The Customer shall indemnify and hold the Company harmless from any and all loss,
claims, demands, suits, or other actions, 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, condition, location, or use of any installation or equipment provided
by the Company. The Company reserves the right to require each Customer to sign an
agreement acknowledging acceptance of the provisions of this Section 2.1.4.F as a
condition precedent to such installations.
The Company shall not be liable for any defacement of or damage to Customers Premises
resulting from the fumishing of services or equipment on such Premises or the installation
or removal thereof, unless such defacement or damage is caused by the gross negligence or
willful misconduct of the Company's agents or employees. No agents or employees of
other participating Carriers shall be deemed to be agents or employees'of the Company.
Notwithstanding the Customer's obligations as set forth in Section 2.3 below, the Company
shall be indemnified, defended and held harmless by the Customer, or by others authorized
by it to use the service, against any claim, loss or damage arising from Customer's use of
services furnished under this tarifi including: claims for libel, slander, invasion of privacy
or infringement of copyright arising from the material, data, information, or other content
transmitted via the Company's service, and patent infringement claims arising from
combining or connecting the service offered by the Company with apparatus and systems
of the Customer or others, all other claims arising out of any act or omission of the
Customer or others, in connection with any service provided by the Company pursuant to
this tariff
The Company shall be indemnified and held harmless by the End User against any claim,
loss or damage arising from the End User's use of services offered under this tariff
including: claims for libel, slander, invasion of privacy or infringement of copyright arising
from the End User's own communications, patent infringement claims arising from the End
User's combining or connecting the service offered by the Company with facilities or
equipment furnished by the End User of another Interexchange Carrier; or all other claims
arising out of any act or omission of the End User in connection with any service provided
pursuant to this tariff
G.
H.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 15
ACCESS SERVICES
2.1
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Undertaking of The Company (Cont'd.)
2.1.4 Liability of the Company (Cont'd.)
K.
J. The entire liability of the Company for any claim, loss, damage or expense from any
cause whatsoever shall in no event exceed sums actually paid to the Company by the
Customer for the specific services giving rise to the claim, and no action or proceeding
against the Company shall be commenced more than one year after the service is
rendered.
L.
The Company makes no warranties or representation, express or implied, including
warranties or merchant's ability or fitness for a particular use, except those expressly set
forth herein.
The Company shall not be liable for any act or omission of any other company or
companies furnishing a portion of the service, or for damages associated with service,
Channels, or equipment which result from the operation of Customer-provided systems,
equipment, facilities or service which are interconnected with Company services.
The Company does not guarantee nor make any warranty with respect to service
installations at locations at which there is present an atmosphere that is explosive, prone
to fire, dangerous or otherwise unsuitable for such installations. The Customer and End
User shall indemni$ and hold the Company harmless from any and all loss, claims,
demands, suits or other actions, or any liability whatsoever, whether suffered, made,
instituted or asserted by the Customer or by any other party, for any personal injury to, or
death of, any person or persons, or 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, locations or use of service furnished by the Company at
such locations.
The Company shall not be liable for the Customer's failure to fulfill its obligations to take
all necessary steps including, without limitation, obtaining, installing and maintaining all
necessary equipment, materials and supplies, for interconnecting the terminal equipment
or communications system of the Customer, or any third parly acting as its agent, to the
Company's Network. The Customer shall secure all licenses, permits, rights-of-way, and
other arrangements necessary for such interconnection. In addition, the Customer shall
ensure that its equipment and/or system or that of its agent is properly interfaced with the
Company's service, that the signals emitted into the Company's Network are of the proper
mode, bandwidth, power, data speed, and signal level for the intended use of the
Customer and in compliance with the criteria set forth in Section 2.1.6 following, and that
the signals do not damage Company equipment, injure its personnel or degrade service to
other Customers. If the Customer or its agent fails to maintain and operate its equipment
and/or system or that of its agent properly, with resulting imminent harm to Company
equipment, personnel, or the quality of service to other Customers, the Company, may,
upon written notice, require the use of protective equipment at the Customer's expense. If
this fails to produce satisfactory quality and safety, the Company may, upon written
notice, terminate the Customer's service without liability.
M.
N.
lssued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 I 46 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page l6
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Undertaking of The Company (Cont'd.)
2.1.5 NotificationofService-AffectingActivities
The Company will provide the Customer reasonable notification of service-affecting activities
within its control 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.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 17
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Undertaking of The Company (Cont'd.)
2.1.6 Provisions of Equipment and Facilities
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 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.
The Company may substitute, change or rearange any equipment or facility at any time
and from time to time, but shall not thereby alter the technical parameters of the service
provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose other
than that for which the Company provided it.
The Customer shall be responsible for the payment of service charges imposed on the
Company by another entity, for visits to the Customer Premises when the service
difficulty or trouble report results from the use of equipment or facilities provided by any
party other than the Company, including but not limited to the Customer.
A.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page l8
ACCESS SERVICES
sEcTroN 2- RULES AND REGULATTONS (CONT'D.)
2.1 Undertaking of The Company (Cont'd.)
2.1.6 Provisions of Equipment and Facilities (Cont'd.)
F. The Company shall not be responsible for the installation, operation, or maintenance of
any Customer provided communications equipment. Where such equipment is connected
to the facilities furnished pursuant to this tariff, the responsibility of the Company shall
be limited to the furnishing of facilities offered under this tariff and to the maintenance
and operation of such facilities. Notwithstanding the above, the Company shall not be
responsible for:
l. the transmission of signals by Customer-provided equipment or for the quality
of, or defects in, such transmission;
2. the reception of signals by Customer-provided equipment; or
3. network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.
G. The Company intends to work cooperatively with the Customer to develop network
contingency plans in order to maintain maximum network capability following natural or
man-made disasters which affect telecommunications services.
H. The Company reserves the reasonable right to assign, designate or change telephone
numbers, any other call number designations associated with Access Services, or the
Company serving central office prefixes associated with such numbers, when necessary
in the conduct of its business.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 19
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT',D.)
2.1 Undertaking of the Company (Cont'd.)
2.1.7 Non-routinelnstallation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in unusual locations. In such cases, charges based on cost of
the actual labor, material, or other costs incurred by or charged to the Company will apply. If
installation is started during regular business hours.but, at the Customer's request, extends beyond
regular business hours into time periods including, but not limited to, weekends, holidays, and/or
night hours, additional charges may apply.
2.1.8 SpecialConstruction
Subject to the arrangement of the Company and to all of the regulations contained in this tariff,
special construction offacilities may be undertaken on a reasonable efforts basis at the request of
the Customer. Special construction is that construction undertaken and characterized by one or
more of the following:
A. where facilities are not presently available and there is no other requirement for the
facilities so constructed,
B. of a type other than that which the Company would normally utilize in the furnishing of its
services;
C. where facilities are to be installed over a route other than that which the Company would
normally utilize in the furnishing of its services,
D. where facilities are requested in a quantity greater than that which the Company would
normally construct,
E. where installation is on an expedited basis;
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page20
ACCESS SERVICES
SECTTON 2- RULES AND REGULATIONS (CONT'D.)
2.1 Undertaking of the Company (Cont'd.)
2.1.8 SpecialConstruction(Cont'd.)
F. on a temporary basis until permanent facilities are available;
G. installation involving abnormal costs; or
H. in advance of its normal construction schedules.
Special construction charges for Switched Access Service will be determined on an individual use
basis.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its agents,
contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purposes or for any use as to
which the Customer has not obtained all required govemmental approvals, authorizations,
licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's offerings for
resale and/or for shared use to file a letter with the Company confirming their use of the
Company's offerings complies with relevant laws and applicable state regulations, policies, orders,
and decisions; and if the Reseller intends to provide intrastate services, is certified with the
appropriate state entity.
2.2.3 The Company may require a Customerto immediately shut down its transmission of signals if said
hansmission is causing interference to others.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146
t_
Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page2l
ACCESS SERVICES
SECTTON 2- RULES AND REGULATTONS (CONT'D.)
2.3 Obligations of the Customer
2.3.1 The Customer shall be responsible for:
the payment of all applicable charges pursuant to this tariff. For the avoidance of doubt
and notwithstanding any other provision in this Tariff or other Customer service
agreement or arrangement, including but nbt limited to Meet Point Billing arrangements,
in addition to service charges imposed by the Company for the Service, the Customer shall
be responsible for and reimburse the Company for any and all charges, fees, assessments
of any kind or nature, including but not limited to interstate and intrastate switched access
charges, imposed by any third party (collectively 'Third Party Charges") upon the
Company relating to usage incurred by the Customer in connection with the Services. The
Customer hereby indemnifies the Company for all Third Party Charges and agrees to
defend and hold the Company harmless for all damages, losses, claims or judgments
arising out any Third Party Charges;
reimbursing the Company for 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. The Company will, upon reimbursement for damages to its facilities or
equipment, cooperate with the Customer in prosecuting a claim against the person causing
such damage and the Customer shall be subjugated in the Company's right of recovery of
damages to the extent of such payment,
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 Customer Premises, 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
conduit necessary for installation of fiber optic cable and associated equipment used to
provide Access Services to the Customer from the cable building entrance or property line
to the location of the equipment space described in 2.3.1.C above. Any costs associated
with obtaining and maintaining the rights-otway described herein, including the costs of
altering the structure to permit installation of the Company-provided facilities, shall be
owned entirely by, or may be charged by the Company to, the Customer. The Company
may require the Customer to demonstrate its compliance with this subsection prior to
accepting an order for service;
B.
C.
D.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page22
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.1 The Customer shall be responsible for, (Cont'd.):
E.providing a safe place to work and complying with all laws and regulations regarding the
working conditions on the Premises at which Company employees and agents shall be
installing or maintaining 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 employees or properly
might result from installation or maintenance by the Company. The Customer shall be
responsible for identif,ing, 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 the rights-of-way for
which Customer is responsible obtaining under Section 2.311) above; and granting or
obtaining permission for Company agents or employees to enter the Customer Premises 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, and
not creating or allowing to be placed or maintained any liens or other encumbrances on the
Company's equipment or facilities.
F.
G.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page23
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.2 Claims
With respect to any service or facility provided by the Company, Customer shall indemnif,,
defend and hold harmless the Company from all claims, actions, damages, liabilities, costs, and
expenses, including reasonable attorneys' fees for:
A. any loss, destruction or damage to properly of the Company or any third parly, or the
death of or injury to persons, including, but not limited to employees or invitees of either
the Company or the Customer, to the extent caused by or resulting from the negligent or
intentional act or omission of the Customer, its employees, agents, representatives or
invitees;
B. any claim, loss, damage, expense or liability for infringement of any copyright, patent,
trade secret, or any proprietary or intellectual properly right of any third party, arising
from any 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.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
OriginalPage24
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATTONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.3 Jurisdictional Reporting
The jurisdictional reporting requirements will be as specified below. When a Customer orders
Access Service or uses Access Service based upon a Constructive Order, its projected Percent
Interstate Usage (PIU) must be provided in whole numbers to the Company. These whole number
percentages will be used by the Company to apportion the use and./or charges between interstate
and intrastate until a revised report is received as set forth herein. Reported or default PIU factors
are used only where the call detail is insufficient to determine the appropriate jurisdiction of the
lraffic.
A. Originating Access: Originating access minutes is only traffic originating from the
Company Local Switching Center(s). The Customer should provide the Company with a
projected PIU factor on a quarterly basis.
If no PIU for originating minutes is submitted as specified herein, then the projected PIU
will be set on a default basis of 50 percent interstate traffic and 50 percent intrastate
traffic.
B. Terminating Access: For Feature Group D Switched Access Service(s), the Customer
should provide the Company with a projected PIU factor by supplying the Company with
an interstate percentage of terminating access minutes on a quarterly basis, as described
in Sections 2.3.3.8 below.
If no projected PIU factor is submitted by the Customer, then the projected PIU will be
set on a default basis of50 percent interstate traffic and 50 percent intrastate traffic.
C. 800 Originating Access: 800 Originating Access is for 8XX traffic that is switched by the
Company's switches and originated by an End User of an Exchange Carrier.
If no projected PIU factor is submitted by the Customer, then the projected PIU will be set
on a default basis of 50 percent interstate traffic and 50 percent intrastate traffic.
D Except where the Company measured access minutes are used as set forth above, the
Customer reported Projected PIU factor as set forth above will be used until the Customer
reports a different projected PIU factor, as set forth below.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146 Idx150l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original PageZl
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Obligations of the Customer (Cont'd.)
2.3.3 JurisdictionalReporting(Cont'd.)
E.Effective on the first of January, April, July and October of each year the Customer should
update its interstate and intrastate jurisdictional report. The Customer should forward to
the Company, to be received no later than 15 days after the first of each such month, a
revised report showing the interstate and intrastate percentage of use for the past tkee
months ending the last day of December, March, June, and September, respectively, for
each service arranged for interstate use, based solely on the traffic originating from or
terminating to the Company. The revised report will serve as the basis for the next three
months: billing and will be effective on the bill date for that service. No prorating or back
billing will be done based upon the report. If the Customer does not supply the reports for
those services where reports are needed, the Company will assume the percentage to be
the same as that provided previously. For those cases in which a quarterly report has never
been received from the Customer, the Company will assume the percentages to be the
same as those provided n2.3.3.A and 2.3.3.B above.
Jurisdictional Reports Verification: For Switched Access Service, if a billing dispute
arises or a regulatory commission questions the projected PIU factor, the Customer will
provide the data issued to determine the projected PIU factor. The Customer will supply
the data within 30 days of the Company request.
The Customer shall keep records of call detail from which the percentage of interstate and
inhastate use can be ascertained and, upon request of the Company, shall make the records
available for inspection as reasonably necessary for purposes of verification of the
percentages. The Company reserves the right to conduct an audit at any time during the
year. The Customer, at its own expense, has the right to retain an independent auditing
firm.
F.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page26
ACCESS SERVICES
2.3
SECTTON 2- RULES AND REGULATIONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.3 JurisdictionalReporting(Cont'd.)
G. For switched access services for which the Company cannot determine the jurisdictional
nature of Customer traffic and its related access minutes, the Company reserves the right
to require the Customer to provide a projected estimate of its traffic, split between the
interstate and intrastate jurisdictions. The Customer shall upon ordering service, and
quarterly thereafter, report the percentage ofinterstate use and such report will be used for
billing purposes until the Customer reports a different projected interstate percentage for a
working trunk group. When the Customer adds trunks to or removes trunks from an
existing group, the Customer shall furnish a revised projected interstate percentage for
each service arranged for interstate use. The revised report will serve as the basis for
future billing and will be effective on the next bill date. No prorating or back billing will
be done based on the report.
The Company may request detailed information in support of the projected interstate
percentage reported annually and retains the right to retroactively adjust the Customer's
most recent bills covering the preceding eleven months if a substantial discrepancy is
found to exit. Ifan audit ofthe reported percentages reveals a substantial deviation from
the Customer's previously reported PIU for the period upon which audit was based, the
call detail records maybe requested more than once annually.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page27
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Obligations of the Customer (Cont'd.)
2.3.4 JurisdictionalAudits
A. The Customer shall keep sufficient detail from which the percentages of interstate and
intrastate intraLATA use reported to the Company can be verified and upon request of the
Company make such records available for inspection and audit. The Customer must
maintain these records for 24 months from the date the report became effective for billing
purposes.
B. Initiation of an audit will be at the sole discretion of the Company. An audit may be
initiated by the Company for a single Customer no more than once per year. The
Customer shall supply required data within 30 calendar days of the Company request.
C. In the event that an audit reveals that any Customer reported PIU or PLU was incorrect,
the Company shall apply the audit result to all usage affected by the audit. The Customer
shall be back billed for a period retroactive to the date that the incorrect percentage was
reported, but not to exceed 24 months. Back billed amounts are subject to a late payment
penalty and payment shall be made in immediately available funds, within 3l days from
receipt of bill or by the following bill date, whichever is shorter period.
D. Should an audit reveal that the misreported percentage(s) of use has resulted in an
underpayment of Access charges to the Company of frve percent or more the total
switched Access Services bill, the Customer shall reimburse the Company for the cost of
the audit. Proof of cost shall be the bills, in reasonable detail submitted to the Company by
the auditor.
E. Within 15 days of completion of the auditor's report, the Company will fumish a copy of
the audit results to the person designated by the Customer to receive such results.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 28
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identification and Rating of Toll VoIP-PSTN Traffic
A.Scope
VoIP-PSTN Traffrc is the haffic exchanged in Time Division Multiplexing ("TDM")
format that originates and/or terminates in Internet Protocol ("1P") format. This section
govems the identification and billing of VoIP-PSTN Traffic pursuant to the FCC's
Intercarrier Compensation Report and Order in WC Docket Nos. 10-90, et. al., FCC No.
1l-161 (Nov. 18, 2011) and Second Order on Reconsideration, FCC No. 12-47 (April25,
2012) (together, "FCC ICC Orders"). Pursuant to the FCC ICC Orders, the Company
shall apply interstate access charges to relevant VoIP-PSTN Traffic. Specifically, this
section establishes the method of separating such traffic (referred to in this tariff as
"Relevant VoIP-PSTN Traffic") from the Customer's traditional intrastate access traffic,
so that such Relevant VoIP-PSTN Traffic can be billed in accordance with the FCC ICC
Orders in a symmetrical manner. In accordance with the FCC ICC Orders, intrastate
VoIP-PSTN Traffic that originates on the Company's network and is bound for the
Customer's end users is subject to the intrastate switched access rates set forth in this
tariff until June 30, 2014, after which time it will be subject to interstate rates as indicated
in Section 4 of this tariff. Intrastate Toll VoIP-PSTN traffrc that is sent by the Customer
for termination to the Company's end users or its VoIP partners is subject to interstate
switched access rates as indicated in Section 4 of this tariff.
Methodology Options
Unless otherwise negotiated, the Customer may elect an approach from the following
options to identifu the Relevant VoIP-PSTN Traffic that is subject to the FCC ICC
Orders:
L Option I - Self-Reporting: Self-Report Percent VoIP Usage pursuant to Section
2.3.5.8, following;or
Option 2 - Call Signalins: Properly populate the Originating Line Indicator
(*OLI") field of the call signaling stream to reflect that the call originated as a
VoIP call, which shall be through the use of the digit-code 40 or other digit pair
mutually agreed upon in writing by Customer and Company's Chief Technical
Officer; or
Ootion 3 - Trunk Group Segreeation: Properly segregate the calls that originate
as VoIP calls and exchange such calls through a trunk group established solely
for the completion of VolP-originated calls.
B.
2.
J.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page29
ACCESS SERVICES
2.3
SECTTON 2- RULES AND REGULATIONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
C. Initial Methodology
The Company shall provide a one-time grace period of thirty (30) days for the Customer
to notiff the Company of its Methodology Option selection immediately following the
effectiveness of this Section. For Option I - Self-Repofting, the Customeris subject to
auditing and verification by the Company and the Customer is obligated to support all
self-reported figures with traffic studies or other reasonable analyses upon Company's
written request. Option 1 - Self-Reporting is available to all Customers pursuant to tariff
without the need for contractual negotiations. Options 2 and 3 are available to all
Customers pursuant to tariff and may be customized through contractual negotiations.
For Option 2 - Call Signaling, provided pursuant to this tariff, if any replacement digit-
code is established through industry-consensus or updated industry standards, the
Company shall update this tariff to reflect the replacement digit-code and the Customer
shall within six months transition to the replacement digit-code then set forth in this
tariff, unless otherwise agreed upon in writing by Customer and Company's Chief
Technical Officer. Option 3 - Trunk Group Segregation is provided subject to up-front
and recurring certification, auditing and verification by the Company. For Option 3 -
Trunk Group Segregation provided pursuant to this tariff, intervals and costs for the
establishment ofdedicated trunk groups are subject to negotiation.
If the Customer has neither selected one of the above-three Options, nor otherwise
negotiated an approach with the Company, the PVU for all calls shall be determined
pursuant to Option I as described in subsection E, following of this tarifi except that the
Company may rely on Call Signaling for all traffic for which a valid digit-code was
provided and may supplement such call detail information as appropriate with the use of
jurisdictional factors addressed in subsection E, following. All grace period billing
pursuant to this Section is subject to retroactive adjustment to December 29,2011, to be
compliant with the FCC ICC Order.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 30
ACCESS SERVICES
2.3
SECTTON 2- RULES AND REGULATTONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identification and Rating of Toll VoIP-PSTN Trafftc, (Cont'd.)
D.
E.
Rating of Toll VoIP-PSTN Traffic
The relevant Toll VoIP-PSTN Traffic identified in accordance with this tariffsection will
be billed at rates equal to the Company's applicable tariffed Toll VoIP-PSTN Traffrc rates
as specified in Section 4 ofthis tariff.
Calculation and Application of Percent-VolP-Usage Factor
For the Customer that selects Option I - Self Reporting, the Company will determine the
number of relevant VoIP PSTN Traffic minutes of use ("MOU") to which interstate rates
will be applied under subsection D, above, by applying a Percent VoIP Usage ("PVU')
factor to the total intrastate access MOU exchanged between a the Company and the
Customer. By default, the effective PVU will be equal to the total number of incumbent
LEC and non-incumbent LEC VoIP subscriptions in the State divided by the sum of those
reported VoIP subscriptions plus incumbent LEC and non-incumbent LEC switched
access lines, based on the FCC's Local Competition Report, as released periodically. If
the Customer proposes to use a different PVU, it must be derived and applied as follows:
l. Except as otherwise noted in Section 2.3.5.8.3 below, the Customer will
calculate and furnish to the Company a factor (the "PVU-A") representing the
whole number percentage of the total terminating intrastate access MOU that the
Customer exchanges with the Company in the State, that is sent to the Company
and that originated in IP format. Beginning July l, 20l4,the Customer's PVU-A
shall be based on access MOU the Customer exchanges with the Company in
the State that is (a) sent to the Company that originated in IP format, (b) is
received from the Company and terminated in IP format, or (c) indicated via the
JIP parameter (RFC-5503). This PVU-A shall be based on information that is
verifiable by the Company such as traffic studies, actual call detail, or other
relevant and verifiable information.
2. Except as otherwise noted in Section 2.3.5.8.3 below, the Company will,
likewise calculate a factor (the "PVU-B") representing the whole number
percentage of the Company's total terminating intrastate access MOU in the
State that terminates in IP format. Beginning July 1,2014,ihe PW-B shall be
based on inhastate access MOU in the State that originates or terminates in IP
format. This PVU-B shall be based on information such as the number of the
Company's retail VoIP subscriptions in the state (e.g., as reported on the FCC
Form 477), traffic studies, actual call detail, or other relevant and verifiable
information.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 3l
ACCESS SERVICES
2.3
SECTTON 2- RULES AND REGULATTONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
E. Calculation and Application of Percent-VolP-Usage Factor, (Cont'd.)
3. The Company will use the PVU-A and PVU-B factors to calculate an effective
PVU factor that represents the whole number percentage of total terminating
access MOU that is terminated in IP format by the Company and/or originated
in IP format by the Customer. Beginning July 1, 2014,the PVU factor will
represent the total access MOU exchanged between the Company and the
Customer that is originated and/or terminated in IP format, whether at the
Company's end, at the Customer's end, or at both ends. The effective PVU
factor will be calculated as the sum of: (A) the PVU-A factor and (B) the PVU-
B factor times (1.0 minus the PVU-A factor).
Note: PVU factors will not be provided or collected by the Company for the
trffic periodfrom July l, 2013 through June 30, 2014. This represents the
period during which the Company's terminating intrastqte rate is equal to its
terminating interstate rate and PVU is not applied to originating trqfrc. Trffic
on or after July l, 2014 will be subject to the most recently available PVUfactor
onfilewith the Companyfor application of charges to originating qccesE trafrc.
PVU updates must be received at least 30 days prior to July 1,2014 if a new
foctor will apply.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE ldaho P.U.C. No.2-T
OriginalPage32
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
E. Calculation and Application of Percent-VolP-Usage Factor, (Cont'd.)
The Company will apply the effective PVU factor to the total applicable
intrastate access MOU exchanged with the Customer to determine the number of
Relevant VoIP-PSTN Traffic MOUs.
Example l:
The PVU-B is l0% and the PVU-A is 40Yo. The effective PVU factor is equal to
40Yo + (10% x 60%) = 460/0. The Company will bill 460/o of the Customer's
applicable intrastate access MOU in accordance with the Company's interstate
switched access tariff.
Example 2:
The PVU-B is 10% and the PVU-A is 0%. The effective PVU factor is 0% +
(100% x l0%) : l0%. The Company will bill 10% of the Customer's applicable
intrastate access MOU in accordance with the Company's interstate switched
access tariff.
Example 3:
The PVU-A is 100%. No matter what the PVU-B factor is, the effective PVU is
100%. The Company will bill 100%o of the Customer's applicable intrastate
access.MOU in accordance with the Company's interstate switched access tariff.
In the above examples, the Company will apply the PW to terminating access
from July 13, 2012 through June 30, 2014 and to originating as well as
terminating access beginning July 1,2014.
The Customer shall not modify their reported PIU factor to account for VoIP-
PSTN Traffic.
4.
5.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Ori$inal Page 33
ACCESS SERVICES
2.3
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Obligations of the Customer (Cont'd.)
2.3.5 Identifrcation and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
F.Initial PVU Factor
If the PVU factor cannot be implemented by December 29,2011, once the factor is
available and can be implemented, the Company will adjust the Customer's bills to
reflect the PVU retroactively to December 29,2011, provided that the Customer provides
the factor to the Company no later than April 15,2012; otherwise, the initial PVU will be
set as specified above.
PVU Factor Updates
Customers selecting Option I - Self Reporting may update the PVU-A factor quarterly
using the method set forth in subsection E.1, above. If the Customer chooses to submit
such updates, it shall forward to the Company, no later than 15 days after the first day of
January, April, July and/or October of each year, a revised PVU-A factor based on data
for the prior three months, ending the last day of December, March, June and September,
respectively, along with supporting documentation for the prior three month period. The
verified revised PVU factor will apply prospectively and serve as the basis for billing
until superseded by a new verified PVU factor.
PVU Factor Verification
Not more than four times in any year, the Company may ask the Customer to veriff the
PVU-A factor furnished to the Company. The Customer is subject to auditing and
verification by the Company and the Customer is obligated to support all self-reported
figures with traffic studies or other reasonable analyses upon the Company's written
request. The Customer shall comply with such requests, and shall reasonably provide the
records, including information used to determine the PVU-A factor and other information
contained in Company's written requests.
G.
H,
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page34
ACCESS SERVICES.
2.4
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Customer Equipment and Channels
2.4.1 General
A Customer may transmit or receive information or signals via the facilities of the Company.
2.4.2 StationEquipment
A. The Customer is responsible for providing and maintaining any terminal equipment on
the Customer Premises. The electric power consumed by such equipment shall be
provided by, and maintained at the expense of, the Customer. All such terminal
equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must
be installed and maintained in compliance with those regulations. The Company will,
where practicable, notif, the Customer that temporary discontinuance of the use of a
service may be required; however, where prior notice is not practicable, nothing
contained herein shall be deemed to impair the Company's right to discontinue forthwith
the use of a service temporarily if such action is reasonable under the circumstances. In
case of such temporary discontinuance, the Customer will be promptly notified and
afforded the opportunity to correct the condition which gave rise to the temporary
discontinuance. During such period of temporary discontinuance, credit allowance for
service intemrptions as set forth in Section 2.6 following is not applicable.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 35
ACCESS SERVICES
2.4
SECTION 2- RULES AND REGULATTONS (CONT'D.)
Customer Equipment and Channels (Cont'd.)
2.4.2 Station Equipment (Cont'd.)
2.4.3
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
Any special interface equipment necessary to achieve compatibility between the facilities
and equipment of the Company used for furnishing Access Services and the Channels,
facilities, or equipment of others shall be provided at the Customers expense.
Access Services may be connected to the services or facilities of other communications
carriers only when authorized by, and in accordance with, the terms and conditions of the
tariffs of the other communications carriers which are applicable to such connections.
A.
B.
Issued: November 9, 2015
Advice Letter l2-01
Eflective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 36
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT'D.)
2.4 Customer Equipment and Channels (Cont'd.)
2.4.4 Inspections
Upon reasonable notification of the Customer, and at reasonable times, the Company may
make such tests and inspections as may be necessary to determine that the Customer is
complying with the requirements set forth in Section 2.4.2.8 for the installation, operation,
and wiring in the connection of Customer-provided facilities and equipment to Company-
owned facilities and equipment. No credit will be allowed for any intemrptions occurring
during such inspections.
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 notifu 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 notifu the Company of the action taken. If the
Customer fails to do this, the Company may take whatever additional action is deemed
necessary, including the suspension of service, to protect its facilities, equipment, and
personnel from harm. The Company will, upon request 24 hours in advance, provide the
Customer with a statement of technical parameters that the Customer's equipment must
meet.
Payment Arrangements
2.5.1 Payment for Service
The Customer is responsible for payment of all charges for services and facilities furnished by the
Company to the Customer or its Joint or Authorized Users. Customer must pay West Telecom
Services, LLC for all services provided regardless of whether the Customer submitted an order to
West Telecom Services, LLC to provide such services.
A. Taxes
The Customer is responsible for the payment of any sales, use, gross receipts, excise,
access or other local, state and federal taxes, charges or surcharges (however designated)
excluding taxes on the Company's net income imposed on or based upon the provision,
sale or use of Access Services. All such taxes shall be separately designated on the
Company's invoices.
A.
B.
2.5
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
2.5
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
OriginalPage3T
ACCESS SERVICES
SECTION 2- RULES AND REGULATTONS (CONT'D.)
Payment Arrangements (Cont'd.)
2.5.2 Billing and Collection of Charges
Unless otherwise specified herein, bills are due and payable upon receipt.
The Company shall bill on a current basis all charges incurred by, and credits due to, the Customer
under this Tariff attributable to services established, provided, or discontinued during the
preceding billing period. Any known unbilled charges for prior periods and any known
adjustments also will be applied to the current bill.
Nonrecurring Charges are due and payable within 30 days after the invoice date. The Company
shall present invoices for all Charges monthly to the Customer.
Amounts not paid within 30 days after the date of invoice will be considered past due. West
Telecom Services, LLC will assess a late payment charge equal to l.5o/o per month for any past
due balance that exceeds 30 days. If the Company becomes concerned at any time about the ability
of a Customer to pay its bills, the Company may require that the Customer pay its bills within a
specified number of days and make such payments in cash or the equivalent of cash.
lf the Customer does not provide remittance advice with its payments, payments will be applied to
outstanding charges in the following order: l.) the oldest to the most recent late payment charges,
2.) the oldest to the most recent outstanding intrastate charges, and finally to 3.) the oldest to most
recent outstanding interstate charges.
If a service is disconnected by the Company in accordance with Section 2.5.3 following and later
restored, restoration ofservice will be subject to all applicable installation charges.
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl 501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 38
ACCESS SERVICES
2.5
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Payment Arrangements (Cont'd.)
2.5.2
2.5.3
Billing and Collection of Charges (Cont'd.)
The Customer shall notiff the Company of any disputed items on an invoice within 90 days of
receipt of the invoice. If the Customer and the Company are unable to resolve the dispute to their
mutual satisfaction, the Customer may file a complaint with the Commission in accordance with
the Commission's rules of procedures.
Any disputed charges must be paid when due. After the dispute is settled, the Customer will be
credited with any payments in excess of those actually due the Company. The Company will also
remit interest for all such credited amounts. Interest will be paid at rate required by the
Commission for Customer deposits.
Refusal and Discontinuance of Service
A. Upon nonpayment of any amounts owing to the Company, the Company may, by giving
requisite prior written notice to the Customer discontinue or suspend service without
incurring any liability. West Telecom Services, LLC may deliver such notice via
electronic mail, facsimile, regular mail or certified mail.
B. Upon violation of any of the other material terms or conditions for furnishing service the
Company may, by giving l0 days' prior notice in writing to the Customer, discontinue or
suspend service without incurring any liability if such violation continues during that
period.
C. 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, the Company, by notice to the Customer, may
discontinue or suspend service without incurring any liability.
D. Upon any governmental prohibition, or required alteration of the services to be provided
or any violation of an applicable law or regulation, the Company may immediately
discontinue service without incurring any Liability.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 39
ACCESS SERVICES
2.5
SECTION 2- RULES AND REGULATTONS (CONT',D.)
Payment Arrangements (Cont'd.)
2.5.3 Refusal and Discontinuance of Service (Cont'd.)
F.
E.Upon the Company's discontinuance of service to the Customer under Section 2.5.3.A or
2.5.3.8 above, the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may declare all
future monthly and other charges which would have been payable by the Customer during
the remainder of the term for which such services would have otherwise been provided to
the Customer to be immediately due and payable.
The Company may discontinue the furnishings of any and/or all service(s) to Customer,
without incurring any liability:
l. Immediately and without notice if the Company deems that such action is
necessary to prevent or to protect against fraud or to otherwise protect its
personnel, agents, facilities or services. The Company may discontinue service
pursuant to this sub-section 2.5.3.F.1. (a-e), if
(a) The Customer refuses to fumish information to the Company regarding
the Customer's credit-worthiness, its past or current use of Common
Carrier communications services or its planned use of service(s), or
(b) The Customer provides false information to the Company regarding the
Customer's identity, address, credit-worthiness, past or current use of
Common Carrier communications services, or its planned use of the
Company's service(s); or
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 40
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT'D.)
2.5 PaymentArrangements(Cont'd.)
2.5.3 Refusal and Discontinuance of Service (Cont'd.)
F. (Cont'd.)
1. (Cont'd.)
(c) The Customer states that it will not comply with a request of the
Company for security for the payment for service(s) in accordance with
Section 2.5.3.A above, or
(d) The Customer has been given written notice by the Company of any past
due amount (which remains unpaid in whole or in part) for any of the
Company's other Common Carrier communications services to which
the Customer either subscribes or had subscribed or used; or
(e) The Customer uses, or attempts or use, service with the intent to void
the payment, either in whole or in part, of the tariff charges for the
service by:
L Using or attempting to use service by rearranging, tampering
with, or making connections to the Company's service not
authorized by this tariff, or
il. Using tricks, schemes, false or invalid numbers, false credit
devices, electronic devices; or
m. By delivering calls to or accepting calls from the Company's
locations over Company switched local exchange services; or
IV. Continuing to have Company End Users presubscribed to the
Customer, or
V. Any other Fraudulent means or devices; or
2. Upon ten (10) days written notice to the Customer of any sum thirty (30) days
past due,
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
2.5
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 41
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT'D.)
Payment Arrangements (Cont'd.)
2.5.3 Refusal and Discontinuance of Service (Cont'd.)
F. (Cont'd.)
3. Upon ten (10) days: written notice to the Customer, after failure of the Customer
to comply with a request made by the Company for security for the payment of
service in accordance with Section 2.5.3.A, above; or
4. Seven (7) days after sending the Customer written notice of noncompliance with
any provision of this tariff if the noncompliance is not corrected within that seven
(7) day period. The discontinuance ofservice(s) by the Company pursuant to this
Section does not relieve the Customer of any obligation to pay the Company for
charges due and owing for service(s) furnished up to the time of discontinuance.
G. In the event the Company incurs fees or expenses, including attorney's fees, in collecting,
or attempting to collect, any charges owed the Company, the Customer will be liable to
the Company for the payment ofall such fees and expenses reasonably incurred.
2.5.4 Cancellation of Application for Service
Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the
service or in preparing to install the service that it otherwise would not have incurred, a charge
equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this
charge exceed the sum of the charge for the minimum period of services ordered, including
installation charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service begun.
The special charges described will be calculated and applied on a case-by-case basis.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idx150l
2.6
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 42
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT',D.)
Allowances for Interruptions in Service
Interruptions in service which are not due to the negligence of or noncompliance with the provisions of this
tariff by, the Customer or the operation or malfunction of the facilities, power, or equipment provided by
the Customer will be credited to the Customer as set forth in 2.6.1 for the part of the service that the
interruption affects.
The credit allowance will be calculated by the Company after the Customer notifies the Company of
service interruption. The amount of the allowance will depend on the length of the outage and the service
impacted. Service Outage conditions are defined as complete loss of call origination and/or receipt
capability. Credit Allowances, if any, will be deducted from the charges payable by the IXC and will be
expressly indicated on the next invoice. A Service Outage begins when the IXC reports the outage to West
Telecom Services, LLC. A Service Outage ends when the affected circuit and/or associated West Telecom
Services, LLC equipment is fully operational in accordance with the technical specifications.
Credit allowances do not apply to outages (i) caused by the IXC, (ii) due to failure of equipment provided
by the IXC; (iii) during any period in which West Telecom Services, LLC is not given access to the service
premises; (iv) failures of LEC facilities or equipment which are carrying the failures resulting from the
activities or negligence of LEC employees; (vi) inability to gain access to the IXC's equipment, and (vii)
due to mutually agreed upon maintenance and repair.
Credit Allowances received by West Telecom Services, LLC from the LEC for OftNet facility outages
which affects the IXC's Switched Services will be passed through to the IXC in the form of a credit on the
next invoice.
Issued: November 9,2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idx150l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 43
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT',D.)
2.6 Allowances for Interruptions in Service (Cont'd.)
2.6.1 Limitations on Allowances
No credit allowance will be made for:
A intemrptions due to the negligence of, or noncompliance with the provisions of this tariff
by, the Customer, Authorized User, Joint-User, or other Common Carrier providing
service connected to the service of Company,
B. intemrptions 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's
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,
E. interruptions of service during a period in which the Customer continues to use the service
on an impaired basis;
F. intemrptions 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;
G. interruption of service due to circumstances or causes beyond the conhol of the
Company.
Issued: November 9,2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idx150l
2.7
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 44
ACCESS SERVICES
SECTTON 2- RULES AND REGULATTONS (CONT'D.)
Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the
services and facilities provided by the Company without the written consent of the other party, except that
the Company may assign its rights and duties (a) to any subsidiary, parent Company or affrliate of the
Company (b) 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.
Notices and Communications
2.8.1 Delivery of calls to or acceptance of calls from the Company's locations over Company-switched
exchange services constitutes an order by the Customer to purchase switched access services as
described herein. Similarly the selection by a Company's End User of the Customer as the
presubscribed IXC constitutes an order of switched access by the Customer. In these cases, an
invoice will be the first communication from the Company to the Customer. In other instances a
Service Order may be used.
2.8.2 The Customer shall designate on the Service Order an address to which the Company shall mail or
deliver all notices and other communications, except that the Customer may also designate a
separate address to which the Company's bills for service shall be mailed.
2.8.3 The Company shall designate on the Service Order an address to which the Customer shall mail or
deliver all notices and other communications, except that the Company may designate a separate
address, on each bill for service, to which the Customer shall mail payment on that bill.
2.8.4 All notices or other communications required to be given pursuant to this tariffshall be in writing.
Notices and other communications of either party, and all bills mailed by the Company, shall be
presumed to have been delivered to the other party on the third business day following deposit of
the notice, communication, or bill with the U.S. Mail or a private delivery service, prepaid and
properly addressed, or when actually received or refused by the addressee, whichever occurs first.
2.8.5 The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for giving
notice set forth herein.
Issued: November 9,2015
Advice Letter l2-0 I
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75 146
2.8
Idxl 50 I
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 45
ACCESS SERVICES
SECTION 2- RULES AND REGULATIONS (CONT',D.)
2.9 Meet Point Billing
Meet Point Billing applies when more than one Exchange Company is involved in the provision of Access
Service. All recurring and nonrecurring charges for services provided by each Exchange Company are
billed under each company's applicable rates as set forth below.
The Company accepts and adheres to the Ordering and Billing Forum guidelines, Multiple Exchange
Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD).
Issued: November 9, 2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 46
ACCESS SERVICES
3.1
SECTION 3 . SWITCHED ACCESS SERVICE
General
Switched Access Service, which is available to Customers for their use in furnishing their services to End
Users, provides a two-point communications path between a Customer and an End User. It provides for the
use of common term mating, switching and transport facilities. Switched Access Service provides the ability
to originate calls fiom an End User to a Customer, and to terminate calls from a Customer to an End User.
Switched Access Service is available when originating or terminating calls from or to an End User.
Rates and charges are set forth in Section 4. The application of rates for Switched Access Service is
described in Section 4.
Provision and Description of Switched Access Service Arrangements
3.2.1 Feature Group Access
FG Access is provisioned at the DS-l level and provides trunk-side access to Switching Center
switches, for the Customer's use in originating and terminating communications. Basic FG Access
service will be provided with Multi-Frequency In Band Signaling (SS7 is also available, where
capabilities exist).
All traffic is routed to and from the Company's switching center via direct trunking or via an
alternative route when direct trunking has not been arranged. Delivery ofcalls to, or acceptance of
calls from, the Company's locations over Company-switched exchange services shall constitute an
agreement by the Customer to purchase switched access services as described herein. The
Company reserves the right to require the Customer to submit an ASR for switched access.
3.2
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl 50 I
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 47
ACCESS SERVICES
SECTTON 3 - SWTTCHED ACCESS SERVICE (CONT'D.)
3.2 Provision and Description of Switched Access Service Arrangements (Cont'd.)
3.2.2 Manner of Provision
Trunks used for Switched Access Service may be configured for one-way (either originating only
or terminating only) or for two-way directionality.
Call Types
The following Switched Access Service call types are available:
A. Originating FG AccessB. Originating 800 FG AccessC. Terminating FG Access
3.2.3
3.2.4 Originating FG Access
The access code for FG Access switching is a uniform access code of the form l+ or 0ll+ or
l0lXXXX. For IOIXXXX dialing a single access code will be the assigned number of all FG
Access provided to the Customer by a Common Carrier When the access code is used, FG Access
switching also provides for dialing the digit 0 for access to the Customer's operator service, 9ll
for access to emergency service, and/or the end ofdialing digit (l l) for cut-through access to the
Customer's premises. The Company will provide originating routing information access consistent
with dialing parity obligations.
Originating FG Access is assessed for each minute of use.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl 501
3.2
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 48
ACCESS SERVICES
SECTION 3 - SWITCHED ACCESS SERVICE (CONT'D.)
Provision and Description of Switched Access Service Arrangements (Cont'd.)
3.2.5 Originating 800 FG Access
800 Data Base Access Service is a service offering utilizing originating Trunk side Switched
Access Service. When an 8XX + NXX + call is originated by an End User, the Company will
utilize the Signaling System 7 (SS7) network to query an 800 data base to identify the Customer to
whom the call will be delivered and provide vertical features based on the dialed ten digits. The
call will then be routed to the identified Customer over FGD switched access. The 800 series
includes the following service access codes: 800,888, 877,866,855,844, 833 ard822.
Originating FG Access is assessed for each minute of use.
Originating 800 FG Access includes the delivery of 8XX traffic that is initiated by a Wireless
Provider's End User and is delivered from a CMRS Mobile Telephone Switching Office to the
Company switch and then to a Customer. The Company will charge for all elements of service that
it provides in routing such traffic.
A Basic or Vertical Feature Query charge is assessed for each completed query returned from the
data base identifying the Customer to whom the call will be delivered whether or not the actual
call is delivered to the Customer. The Basic Query provides the identification of the Customer to
whom the call will be delivered and includes area of service routing which allows routing of 800
series calls by telephone companies to different interexchange carriers based on the Local Access
Transport Area (LATA) in which the call originates. The Vertical Feature Query provides the
same Customer identification as the basic query and vertical features which may include: (l) call
validation, (ensuring that calls originate from subscribed service areas), (2) POTS translation of
800 series numbers, (3) alternate POTS translation (which allows subscribers to vary the routing
of 800 series calls based on factors such as time of day, place or origination of the call, etc.), and
(4) multiple carrier routing (which allows subscribers to route to different carriers based on factors
similar to those in (3)).
3.2.6 Terminating FG Access
FG Access, when used in the terminating direction, may only be used to access End Users who are
connected to the Company. Calls in the terminating direction will not be completed to 950-
0OXXX or 950-IXXX access codes, local operator assistance (O-and 0+), Directory Assistance,
(41 I or 555-1212) service codes 6l I and 9l I and l0IXXXX access codes.
Terminating FG Access is assessed for each minute of use.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl 50 1
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 49
ACCESS SERVICES
SECTTON 3 - SWITCHED ACCESS SERVTCE (CONT'D.)
3.3 Reports and Testing
3.3.1 Design Layout Report: At the request of the Customer, the Company will provide to the Customer
the makeup of the facilities and services provided from the Customer's Premises to the first point
of switching. This information will be provided in the form of a Design Layout Report. The
Design Layout Report will be provided to the Customer at no charge.
3.3.2 Acceptance Testing: At no additional charge, the Company will, at the Customer's request,
cooperatively test, at the time of installation, the following parameters: loss, C-notched noise,
Cmessage noise, 3-tone slope, d.c. continuity and operational signaling.
Issued: November 9, 2015
Advice Letter 12-01
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75 146 Idx1501
4.1
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 50
ACCESS SERVICES
SECTION 4-SWITCHED ACCESS RATES
General
This section contains the specific regulations governing the rates and charges that apply for Switched
Access Services:
There are three types ofrates and charges that apply to Switched Access Service:
- Nonrecurring Charges: One-time charges that apply for a specific work activity.
- Recurring Charges: Fixed charges apply each month and depend on the number and type of
facilities in place.
- Usage Charges: Charges that are applied on a per access minute basis. Usage rates are
accumulated over a monthly period.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl501
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 5l
ACCESS SERVICES
sEcrroN 4-swrTCHED ACCESS RATES (CONT'D.)
4.2 Rate Categories
4.2.1 There are several rate categories which apply to Switched Access Service:
- Blended Carrier Switched Access Originating- Blended Carrier Switched Access Terminating
800 Data Base Access Service
The Company provides originating and terminating switched access service through a single
blended rate based on aggregate traffic volumes from the following cost categories:
Switqhedltrcuspart
The Switched Transport cost category establishes the charges related to the transmission and
tandem switching facilities between the Customer designated premises and the end offtce
switch(es) where the Customer's haffic is switched to originate or terminate the Customer's
communications.
Switching - (End Office. Tandem or both)
The Switching cost category establishes the chdrges related to the use of offrce switching
equipment, the terminations in the office of lines, the terminations of calls at Company Intercept
Operators or recordings, the Signaling Transfer Point (STP) costs, and the SS7 signaling function
between the switching office and the STP.
Issued: November 9,2015
Advice Letter 12-01
Effective: November 20, 201 5
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 52
ACCESS SERVICES
4.2
SECTION 4-SWITCHED ACCESS RATES (CONT',D.)
Rate Categories (Cont'd.)
4.2.2 800 Data Base Query
The 800 Data Base Query Charge will apply for each Toll-Free 8XX call query
received at the Company's (or its provider's) Toll-Free 8XX data base.
4.2.3 OptionalFeatures
Other optional features may be available on an Individual Case Basis (ICB).
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl50l
4.3
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 53
ACCESS SERVICES
SECTION 4-SWITCHED ACCESS RATES (CONT'D.)
Billing of Access Minutes
When recording originating calls over FG Access with multi-frequency address signaling, usage
measurement begins when the first wink supervisory sigaal is forwarded from the Customer's facilities. The
measurement of originating call usage over FG Access ends when the originating FG Access entry switch
receives disconnect supervision from either the originating End User's Local Switching Center-(indicating
that the originating End User has disconnected), or the Customer's facilities, whichever is recognized first
by the entry switch.
For terminating calls over FG Access with multi-frequency address signaling, the measurement of access
minutes begins when a seizure signal is received from the Carrier's trunk group at the Point of Presence
within the LATA. The measurement of terminating call usage over FG Access ends when a disconnect
signal is received, indicating that either the originating or terminating user has disconnected.
When recording originating calls over FG Access with SS7 signaling, usage measurement begins with the
transmission of the initial address message by the switch for direct trunk groups and with the receipt of an
exit message by the switch for tandem trunk groups. The measurement of originating FG Access usage
ends when the entry switch receives or sends a release message, whichever occurs first.
For terminating calls over FG Access with SS7 signaling, the measurement of access minutes begins when
the terminating recording switch receives the initial address message from the terminating End User. On
directly routed trunk groups or on tandem routed trunk groups, the Company switch receives the initial
address message and sends the indication to the Customer in the form of an answer message. The
measurement of terminating FG Access call usage ends when the entry switch receives or sends a release
message, whichever occurs first.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 54
ACCESS SERVICES
SECTTON 4-SWITCHED ACCESS RATES (CONT'D.)
Rates and Charges
4.4.1 Blended Carrier Switched Access
West Telecom Services, LLC bills originating and terminating access per minute as a blended
rate. The blended rate includes Switching and Transport.
A. Originating FG Access
B. Terminating FG Access
All terminating FG Access will be assessed switched access charges at the rates set forth
in the Company's Federal Access Tarifl FCC No. 4, as amended from time to time. This
tariff can be found at the following link:
http ://fi al lfoss.fcc. gov/c ei-bi n/ws.exe/prod/ccb/etfs/mainmenu.hts
s0.02s
Issued: November 9, 2015
Advice Letter l2-0 I
Effective: November 20, 2015
Tariff Manager
Lancaster, Texas 75 146 Idxl50l
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 55
ACCESS SERVICES
4.4
SECTION 4-SWITCHED ACCESS RATES (CONT'D.)
Rates and Charges (Cont'd.)
4.4.2 800 Data Base Access Service Queries
Per Query
Basic
Vertical Feature
4.4.3 Switched Access Optional Features
All Optional Features are offered on an Individual Case Basis (ICB).
4.4.4 Application of Access Charges to Toll VoIP-PSTN Traffrc
s0.005
s0.005s
A. AII Toll VoIP-PSTN haffrc will be assessed switched access charges at the rates set forth
in the Company's Federal Access Tariff, FCC No. 4, as amended from time to time. The
Company's Federal Access Tariff, FCC No. 4 can be viewed at:
https ://apps.fcc. gov/etfs/public/
B. The Company shall assess and collect switched access rate elements under this tariff for
access services, regardless of whether the Company itself delivers such traffic to the
called party's premises or delivers the call to the called party's premises via contractual
or other arrangements with an affiliated or unaffiliated provider of VoIP service that does
not itself seek to collect switched access charges for the same traffic. The Company will
charge for functions performed by the Company or by its affiliated or unaffiliated
provider of VoIP service. For purposes of this provision, functions provided by the
Company, or by its affiliated or unaffiliated provider of VoIP service, as part of
transmitting telecommunications between designated points using, in whole or in part,
technology other than TDM hansmission in a manner that is comparable to a service
offlered by a local exchange carrier constitutes the functional equivalent ofcarrier access
service.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146 Idxl501
5.1
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 56
ACCESS SERVICES
SECTION 5. CONTRACTS AND INDIVIDUAL CASE BASIS ARRANGEMENTS
Contracts
The Company may provide any of the services offered under this tariff, or combinations of services, to
Customers on a contractual basis. The terms and conditions of each contract offering are subject to the
agreement of both the Customer and Company. Such contract offerings will be made available to similarly
situated Customers in substantially similar circumstances. Rates in other sections of this tariff do not apply
to Customers who agree to contract arrangements, with respect to services within the scope of the contract.
Services provided under contract are not eligible for any
the Company from time to time.
Individual Case Basis Arrangements
promotional offerings which may be offered by
Arrangements will be developed on an individual case basis (ICB) in response to a bona fide special
request from a Customer or prospective Customer to develop a competitive bid for a service. ICB rates will
be offered to the Customer in writing and on a non-discriminatory basis.
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75146
5.2
Idxl50l
6.1
West Telecom Services, LLC SCHEDULE Idaho P.U.C. No.2-T
Original Page 57
ACCESS SERVICES
SECTION 6. MISCELLANEOUS SERVICES
Presubscription
Presubscription is the process by which End User Customers may select and designate to the Company an
IXC to access, without an access code, for intrastate toll calls. This IXC is referred to as the End User's
presubscribed long distance carrier.
End Users may select one of the following options at no charge:
- Indicate a primary IXC for all of its lines,- Indicate a different IXC for each of its lines.
Only one IXC may be selected for each line or lines terminating in the same hunt group.
End Users may designate that they do not want to presubscribe to any IXC. The End User must anange this
designation by directly notiffing the Company's business office. This choice will require the End User to
dial an access code (IOIXXXX) for all interstate calls.
After the End User's initial selection of a predesignated IXC or the designation that they do not want to
presubscribed to any IXC, for any change in selection after conversion to Equal Access in the serving end
office, the following nonrecurring charge applies.
Per Telephone Exchange Service line or trunk
Nonrecurring Charge
$s.00
Issued: November 9,2015
Advice Letter l2-01
Effective: November 20, 2015
TariffManager
Lancaster, Texas 75 146 Idxl50l