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HomeMy WebLinkAbout20030721Proposed Tariff.pdf~pJR 03-1 IDAHO BIG SKY TELECOM Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho PAGE 2 ORIGINAL NAME OF UTILITY (Acceptance Stamp) TABLE OF CONTENTS Subject Matter Sheet Number Title Page Table of Contents 2 Application of Price list 6 Symbols 6 Contact Information 7 SECTION 1.0 - DEFINITIONS 8 SECTION 2.0 - REGULATIONS 10 1 Undertaking of the Company 10 2.2 Shortage of Equipment or Facilities 3 Selection of Transmission 2.4 Notification of Service-Affecting Activities 12 5 Provision of Equipment and Facilities 12 6 Terms and Conditions 12 7 Non-Routine Installation and Special Construction 13 8 Ownership of Facilities 14 9 Rights-of-Way 15 Issued 2003 Effective 2003 Issued by Title PAGE 3 ORIGINAL NAME OF UTILITY (Acceptance Stamp) SECTION 2.0 - REGULATIONS (Cont'd) 10 Liability 15 11 Indemnification 18 12 Conflicts Between Price List and Commission Rules 18 13 Allowances for Interruptions in Service 18 14 Obligations ofthe Customer 20 15 Prohibited Uses 23 16 Payments 24 17 Taxes, Charges and Fees 27 18 Deposits 27 2.19 Refusal or Termination of Services 28 2.20 Restoration of Service 34 2.21 Assignment 34 2.22 Promotions 35 23 E-911 35 24 Public Notice 35 Issued 2003 Effective 2003 Issued by Title PAGE 4 ORIGINAL NAME OF UTILITY (Acceptance Stamp) SECTION 3.0 - LOCAL EXCHANGE SERVICES 1 General 35 3.2 Service Descriptions 35 3.2.1 Residential Service 35 3.2.2 Business Service 37 3 Lines and Trunks 37 2.4 Optional and Vertical Features 37 3.2.5 Other 37 3.2.6 Number Services 37 7 Miscellaneous Charges 38 7.1 Installation 38 2 Move and Change Charges 38 7.3 Additional Labor/Overtime 38 3.2.8 Idaho Telephone Service Assistance Pgm 38 9 Universal Service Fund 43 Issued 2003 Effective 2003 Issued by Title PAGE 5 ORIGINAL NAME OF UTILITY (Acceptance Stamp) SECTION 4.0 - RATES 1 Residential Service 44 2 Business Service 44 4.3 Lines and Trunks 44 4.4 Optional and Vertical Features 44 5 Other 45 6 Number Services 46 7 Miscellaneous Charges 46 TSSI1f'.ci ?om Ffff'.C'.tivf'.?oo~ Issued by Title PAGE 6 ORIGINAL NAME OF UTILITY (Acceptance Stamp) APPLICATION OF PRICE LIST Idaho Big Sky Telecom a Partnership (hereinafter "The Company ) has applied to the Idaho Public Utilities Commission (Idaho PUC) for authorization to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the all areas claimed by Qwest Corporation, Verizon and Citizens Telecom and all unclaimed areas throughout the state ofIdaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The following symbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing, rule, or condition, which may affect rates or charges D Indicates discontinued material, including a listing, rate, rule or condition I Indicates an increase M Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition N Indicates new material including listing, rate, rule or condition R Indicates a reduction S Indicates reissued matter T Indicates a change in wording of text, but not a change in rate rule or condition. Issued 2003 Effective 2003 ssued b Title PAGE 7 ORIGINAL NAME OF UTILITY (Acceptance Stamp) CONT ACT INFORMATION Idaho Big Sky Telecom a Partnership 310 N.E. 1st Avenue Hallandale, Florida 33009 Phone: (954) 362-0361 Fax: (954)362-0369 Email: bigsky(lYbigskytelecom.com Customer Contact - For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: (866) 811-2528 Maintenance: (954) 362-0361 Commission Contact - For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service Matters concerning tariffs and regulatory affairsCarmine Russo J ames Bramble Phone: (954) 362-0361 General Counsel Fax: (954) 362-0369 Phone: (954) 362-0361 Email: bigsky~bigskvtelecom.com Fax: (954) 362-0369 Email: bigsky~bigskytelecom.com :ssued 2003 Effective 2003 Issued by Title PAGE 8 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 0 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines:Telephone facilities which permits access to and from the Customer s premises and the telephone exchange or serving central office. Advance Payment:A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non- recurring charges, and an estimate of the first month's recurring charges. Advance Payments will be applied to th(;: first bill rendered by Company following implementation of services. Agent:A business representative authorized by the Company to bring about modify, affect, accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant:A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Application:A request made in writing for telephone service. Authorized User:A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI): The automatic transmission of a calling party s billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area:A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Issued 2003 Effective 2003 Issued by Title PAGE 9 ORIGINAL NAME OF UTILITY (Acceptance Stamp) DEFINITIONS (Cont' d) Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Company or Name of Company: Idaho Big Sky Telecom a Partnership Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company s regulations related to that service. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein.-a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service:Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Issued 2003 Effective 2003 Issued by Title PAGE 10 ORIGINAL NAME OF UTILITY (Acceptance Stamp) DEFINITIONS (Cont' Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service : Telephone service provided to businesses with five (5)or fewer lines. 0 REGULATIONS Undertaking of the Company Scope 1.2 The Company undertakes to furnish local exchange and long distance communications service pursuant to the terms of this price list. 1.1.3 The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company s services. However, the Customer remains liable for all obligations under this price list even if such sharing or resale arrangements exist regardless of the Company s knowledge of these arrangements. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. Issued 2003 Effective 2003 Issued by Title PAGE 11 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 1.4 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals authorizations, licenses, consents and permits. 5 Company services may be connected to the .services or facilities of other communication carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communication carriers. 1.1.6 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service. Services will be provided using facilities provided on a resale basis on a interconnect agreement with Qwest. 3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. Issued 2003 Effective 2003 Issued by Title PAGE 12 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 2.4 Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. Provision of Equipment and Facilities 1 The Company shall make a reasonable effort to provide service 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 price list. 2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not, and the Customer shall not permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company. 6 Terms and Conditions 1 Service is provided on a minimum term basis of at least one-month, using 24-hours per day for each day of the month. For purposes of this price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein. Issued 2003 Effective 2003 Issued by Title PAGE 13 ORIGINAL NAME OF UTILITY (Acceptance Stamp) Terms and Conditions (Cont'd) 2 This price list shall be interpreted and governed by the laws of the State ofIdaho and the Rules issued by the Idaho Public Utilities Commission. Non-routine Installation and Special Construction 1 Non-Routine Installation At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor material, or other costs incurred by or charged to the Company will apply. 7.2 Special Construction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (c) over a route other than that which the Company would normally utilize in the furnishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the furnishing of its services; Issued 2003 Effective 2003 Issued by Title PAGE 14 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 7.2 Special Construction (Cont'd) ( e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Special construction will be undertaken at the discretion of the Company cons~stent with budgetary responsibilities and consideration for the effect on Company s other Customers and contractual responsibilities. 3 If required by the Company, the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer s initial bill. The Company may require such an advance payment, when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer. Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will permit. Issued 2003 Effective 2003 Issued by Title PAGE 15 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont' Rights-of-Way Provisioning ofthe Company s services is subject to and contingent upon the Company s ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company s services to the Customer s service point as agreed to by the Company. 10 Liability 10.Exculpatory Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMP ANY 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. 10.2 Liability of the Company 10.3 The use of the Company s services without payment for service or attempting to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers, or false calling or credit cards is prohibited. :ssued 2003 Effective 2003 Issued by Title PAGE 16 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 10 Liability (Cont' d) 10.4 The Company s services are available for use 24 hours per day, seven days per week. 10.05 The Company does not transmit messages, but the services may be used for that purpose. 10. 10. 10. 10. 10. Issued The Company s services may be denied for nonpayment of charges or for other tariff violations as set forth in Section 2.10 herein. Customers shall not use the service provided under this tariff for any unlawful purpose. The Customer is responsible for notifying the Company immediately of any unauthorized use The Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this tariff, if caused by Underlying Carrier, an act of God, fire, war, civil disturbance, act of government, or due to any other causes beyond the Company control. The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer against any claim, loss, expense or damage for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person, property or entity arising outofthe material, data or information transmitted. 2003 Effective 2003 Issued by Title PAGE 17 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 10 Liability (Cont' d) 10.11 No agent or employee of any other carrier or entity shall be deemed to be an agent or employee of the Company. 10. 10. 10. Issued The Company s liability for damages, resulting in whole or in part from or arising in connection with the furnishing of service under this tariff, including but not limited to mistakes, omissions, interruptions delays, errors, or other defects or misrepresentations shall not exceed an amount equal to the long distance call for the period during which the call was affected. No other liability in any event shall attach to the Company. The Company, shall not be liable for and shall be indemnified and saved harmless by any Customer or by any other entity from any and all loss, claims, demands, suits, or other action or any liability whatsoever, whether suffered, made, instituted, or asserted by any Customer or any other entity for any personal injury to, or death 0 , any person or persons, and for any loss, damage, defacement or destruction of the premises of any Customer or any other entity or any other property whether owned or controlled by the Customer or others. The Company shall not be liable for any indirect, special, incidental damages under this tariff including, but not limited to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilities associated with the service, or for any mistakes, omissions delays, errors, or defects in transmission occurring during the course of furnishing service. 2003 Effective 2003 Issued by Title PAGE 18 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 10 Liability cont' 10.The remedies set forth herein are exclusive and in lieu of all other warranties and remedies, whether express, implied, or statutory, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11 Indemnification Reserved for future use 12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer s rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights unless otherwise ordered by the Commission, court order, or statute. 13 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subj ect to the provisions of this section. 13.Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. Issued 2003 Effective 2003 Issued by - Title PAGE 19 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 13.Credit for Service Interruptions (Cont' d) An interruption period begins when the Customer reports a circuit service or facility to be interrupted and releases it for testing. 13.1.1 2.13.1.2 13.1.3 The Company must restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or within 24 hours after the report of the outage if no emergency exists. Outages reported between noon on Saturday and 6:00 m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. If the Company does not restore service within the times required by this paragraph, the Company will credit the customer s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. 13.2 Limitations on Allowances No credit allowance will be made for: 13.2. Issued interruptions due to the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; 2003 Effective 2003 Issued by Title PAGE 20 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 13.2 Limitations on Allowances (Cont'd) 13.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; 13.2.interruptions of service during a period when the Customer has released service to the Company for maintenance 13.2.4 purposes or for implementation of a Customer order for a change in service arrangements; or 13.2.interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 14 Obligations of the Customer 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 servIce. 14.1 Customer is responsible for placing any necessary orders andcomplying with tariff regulations. The Customer is also responsible for the payment of charges for services provided under this tariff. 14.2 The Customer is responsible for charges incurred for special construction and/or special construction and/or special facilities which the Customer requests and which are ordered by the Company on the Customer s behalf. Issued 2003 Effective 2003 Issued by Title PAGE 21 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 14 Obligations of the Customer (Cont' d) 14. 14.4 14. 14. Issued If required for the provision of the Company s services, the Customer must provide any equipment space, supporting structure, conduit and set forth in this tariff, and that the signals do not damage equipment injure electrical power without charge to the Company. The Customer is responsible for arranging access to its premises at times mutually agreeable to the Company and the Customer when required for Company personnel to install, repair, maintain, program inspect or remove equipment associated with the provisions of the Company s services. The Customer shall cause the temperature and relative humidity in the equipment space provided by Customer for the installation of the Company s equipment to be maintained within the range normally provided for the operation of microcomputers. The Customer shall ensure that the equipment and/or system is properly interfaced with the Company s facilities or services, that the Company s facilities or services, that the signals emitted into the Company s network are of proper mode, bandwidth, power and signal level for the intended use of the subscriber and in compliance with criteria personnel, or degrade service to other Customers. If the Federal Communications Commission or some other appropriate certifying body certifies terminal equipment as being technically acceptable for direct electrical connection with interstate communications service, the Company will permit such equipment to be connected with its channels without the use of protective interface devices. If the Customer fails to maintain the equipment and/or the system properly, with resulting imminent harm to Company equipment, personnel or the quality of service to other 2003 Effective 2003 Issued by Title PAGE 22 ORIGINAL NAME OF UTILITY -(Acceptance Stamp) Obligations of the Customer (cont' 14. 14. 14. 14.10 2.14.11 14.12 Issued The Customer may pay the Company for replacement or repair of damage to the equipment or facilities ofthe Company by negligence or willful act of the Customer or others, by improper use of the services, or by use of equipment provided by Customer or others. The Customer must pay for the loss through theft of any Company equipment installed at Customer s premises. If the Company installs equipment at Customer s premises, the Customer shall be responsible for payment of any applicable installation charge. The Customer must use the services offered in this tariff in a manner consistent with the terms of this tariff and the policies and regulations of all State, federal and local authorities having jurisdiction over the service. The Customer shall provide at no charge, as specified by the Company, any personnel, equipment, space, power, heating and air conditioning needed to operate, and maintain a proper operating environment for the Company s facilities and equipment installed on the Customer s premises. Upon suitable notification to the Customer, and at a reasonable time the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer- provided facilities and equipment to Company-owned facilities and equipment. 2003 Effective 2003 Issued by Title PAGE 23 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 14 Obligations of the Customer (cont' If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action, as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly ifthere is any need for further corrective action. Within ten days of receiving this notice the Customer must take this corrective action and notify the Company of the action taken. Ifthe 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. 15 Prohibited Uses 14. The Customer shall not use or allow the use of the Company s facilities or equipment installed at the Customer s premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 15.Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to frighten, to~ent, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. Issued 2003 Effective 2003 Issued by Title PAGE 24 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the service including but not limited to: (a) rearranging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or (b) using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices, or electronic devices. 16 Payments 16.1.1 The Customer shall pay outstanding charges with in 15 days of the invoice date. Charges normally will be invoiced in arrears, with monthly recurring charges invoiced on or about the first of the month for which the charges apply. Amounts not paid within 15 after the date of the invoice are considered delinquent. 16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer except in those instances where it has been determined that the Customer s present and former employees, agents and Issued 2003 Effective 2003 Issued by Title PAGE 25 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 16 Payments (Cont' authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company s willful or negligent act. 2.16.2 Disputed Bills 16.2. 16.2. Issued Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bill. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer s rights under the provisions ofIDAP A 31.41.01.204 to challenge any billing amount due or paid to the Company. In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: 2003 Effective 2003 Issued by Title PAGE 26 ORIGINAL NAME OF UTILITY (Acceptance Stamp) Idaho Public Utilities Commission O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 800-432-0369 (from outside the local calling area) 16.Payment Arrangements 16.3. 16. 16. Issued When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer s ability to pay, the size of the unpaid balance, the Customer s payment history and length of service, and the amount of time and reasons why the debt is outstanding. Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such payments shall be applied first to the oldest undisputed balances. 2003 Effective 2003 Issued by Title PAGE 27 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 16.Payment Arrangements (cont' 2.16.3.4 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to enter into a second payment arrangement. 16.3.A Customer s failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1 + dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 16.Customer failure to pay undisputed charges for other services may result in discontinuance of those services. Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes, charges or fees from the Customer, these taxes, charges and fees will be itemized separately on the Customer s bill. Deposits 18.1 18.2 The Company will not require advance deposits. If the Company can prove that the Customer is likely to be a credit risk or to damage property of the Company, the Company may refuse services. Issued 2003 Effective 2003 Issued by Title PAGE 28 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont' 19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant, the Company will provide the applicant with a written expianation of its refusal to serve. The written explanation shall include: a) the reasons for denial of the service; b) actions the applicant may take in order to receive the denied service; and c) a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 19.1.1 the applicant has an outstanding amount due to the Company for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; a condition exists that, in the Company s judgment, is unsafe or hazardous to the applicant, the general population, or the Company s personnel, agents or facilities; 19.1.2 Issued 2003 Effective 2003 Issued by Title PAGE 29 ORIGINAL NAME OF UTILITY (Acceptance Stamp) Refusal or Termination of Services (cont' 19.1.3 the applicant is known to be in violation of the Company price lists filed with the Commission; 19.1.4 the applicant fails to furnish such funds, suitable facilities and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 19.1.5 the applicant has falsified his/her identity for the purpose of obtaining service. 19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 19.2. 2.19.2.2 19.2. 19.2.4 Issued for nonpayment of any undisputed amounts owing to the Company; for services provided to premises that have been vacated by the Customer; for tampering with the Company s property; for violation of rules, service agreements, or filed price lists; 2003 Effective 2003 Issued by Title PAGE 30 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont'd) 19.2 Grounds for Termination with Written Prior Notice 19.2.for use of Customer equipment which adversely affects the Company s property, facilities, or service to its other Customers, or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 19.2.for fraudulent obtaining or use of service, including, but not limited to: (a) providing false information to carrier the Company regarding the Customer s identity, address, creditworthiness, or current or planned use of common communications; (b) using or attempting to use service by rearranging, tampering with, or making connection to the Company s service where not authorized by this price list; ( c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; (d) any other fraudulent means or device. Issued 2003 Effective 2003 Issued by Title PAGE 31 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont' 19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer s permission for one or more of the following reasons: 19. 19.3.2 19. 19.3.4 19. Issued Dangerous Condition~ A condition immediately dangerous or hazardous to the life, physical safety, or property exists or it is necessary to prevent a violation of federal; state or local safety or health codes. Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. Services Obtained Illegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company. Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. Misrepresentation of Identity. The Customer has misrepresented the Customer s identity for purposes of obtaining telephone service and either does not have nor has an inadequate security deposit on file with the Company. 2003 Effective 2003 Issued by Title PAGE ORIGINAL NAME OF UTILITY (Acceptance Stamp) 19.Without Written Notice to the Customer (Cont' 19.for any governmental prohibition, or required alteration of the services provided, or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. 19.4 Notice of Disconnection 19.4.Seven-Day Notice 19.4. Issued Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305, the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date of termination. The written notice will contain the information required by IDAPA 31.41.01.306. Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination. Oral Notice will contain the same information as required by IDAP A 31.41.01.306. 2003 Effective 2003 Issued by Title PAGE 33 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 19.4 Notice of Disconnection (Cont'd) 19.4.Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination, but still intends to terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. 19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. Issued 2003 Effective 2003 Issued by Title PAGE 34 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont' Restoration of Service 2.20.A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 20.Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. Assignment The Company may, without obtaining any further consent from the Customer assign any of its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business ofthe Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. Issued 2003 Effective 2003 Issued by Title PAGE 35 ORIGINAL NAME OF UTILITY (Acceptance Stamp) REGULATIONS (Cont' d) 2.22 Promotions The Company may provide promotional offerings from time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates terms & conditions of any such promotions. 23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing ofE911 calls. The Company switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. 2.24 Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice 0 LOCAL EXCHANGE SERVICES 1 General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer to: Issued 2003 Effective 2003 Issued by Title PAGE 36 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 0 LOCAL EXCHANGE SERVICES General (Cont'd) (a) receive calls from other stations on the public switched telecommunications network; (b) access other services offered by the Company as set forth in this price list; (c) access certain interstate and international-calling services provided by the Company; (d) access the Company s operators and business offices for service related assistance; ( e) access emergency services by dialing 0- or 9-1; and (f) access services provided by other common carriers which purchase the Company s Switched Access Services as provided under the Company s Federal and State price lists or price list, or which maintain other types of traffic exchange arrangements with the Company. 3.2 Service Descriptions 3.2.1 Residential Service All residential services as may be provided for in the interconnect agreement between Qwest Corporation and Company and subj ect to such availability terms and conditions contained therein. Issued 2003 Effective 2003 Issued by Title PAGE 37 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 3.2 Service Descriptions (cont' d) 3.2.2 Business Service All business services as may be provided for in the interconnect agreement between Qwest Corporation and Company and subj ect to such availability, terms and conditions contained therein 3.2.3 Lines and Trunks All business services as may be provided for in the interconnect agreement between Qwest Corporation and Company and subj ect to such availability, terms and conditions contained therein. 3.2.4 Optional and Vertical Features All business services as may be provided for in the interconnect agreement between Qwest Corporation and Company and subj ect to such availability, terms and conditions contained therein Other All business services as may be provided for in the interconnect agreement between Qwest Corporation and Company and subject to such availability, terms and conditions contained therein 3.2.Number Services 3.2.6.1 Nonlisted Number Service Description Issued Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database.2003 Effective 2003 Issued by Title PAGE 38 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 3.2.Number Services (Cont'd) 3.2.Non-published Number Service Description Non-Published Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. 6.2.1 If permitted by Qwest Corporation interconnect agreement. 3.2.Miscellaneous Charges Installation Charges $35.00 per Y2 hour, to be billed 3.2.7.2 Move and Change Charges $35.00 per Y2 hour, to be billed Charges for Additional and Overtime Labor $52.50 per Y2 hour (evenings and weekends) to be billed 3.2.Idaho Telecommunications Service Assistance Program (IT SAP) ITSAP consists of two programs, Lifeline and Linkup, that were developed to provide discounted rates for telephone service to low income customers, thus promoting universal service. The programs are jointly sponsored Issued 2003 Effective 2003 Issued by Title PAGE 39 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 3.2.8 Idaho Telecommunications Service Assistance Program (ITSAP) (Cont'd) (federal and state) telephone assistance programs designed to maximize federal contributions to Idaho s low-income customers. The programs provide reductions in monthly rates for single line telephone service and/or reductions in one-time costs for installation of telephone service for qualifying customers. The program is administered by the Department of Health and Welfare in accordance with Idaho Code 56-901. 3.2.Eligibility - To be eligible for ITSAP, the participant must: (a) Apply through the Department of Health and Welfare (b) Be head of household (c) Have a total gross income at or below 133% of the Office of Management and Budgets (OMB) Poverty guidelines. Residents of Tribal Lands may be eligible for additional federal assistance if the individual participates in one of the following federal assistance programs: (a) Bureau of Indian Affairs general assistance; (b) Tribally administered Temporary Assistance for Needy Families; (c) Head Start (only those meeting its income qualifying standard); Issued 2003 Effective 2003 Issued by Title PAGE 40 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 8 Idaho Telecommunications Service Assistance Program (ITSAP) (cont' 3.2.8.2. (d) National School Lunch Program s free lunch program Eligibility and qualification determinations will be performed according to the telecommunication provider s federal tariff and/or 47 C.R. Part 54. 2.2 Each eligible participating resident of Tribal Lands must provide to its local service provider a signed document certifying under penalty of perjury that the customer receives benefits from at least one of the programs mentioned. Lifeline Discounts - applied to tariffed monthly recurring rates and charges for qualifying residential customers. Monthly discount (not to exceed the rate charged for the grade of subscribed residential basic local exchange service) $3. Additional federal discounts may apply: Tier 1 -Monthly service discount equal to the subscriber line charge $3. Tier 2 - Monthly service discount for customers of eligible telecommunications carriers who have received non-federal regulatory approvals $1. Tier 3 - Monthly service discount equal to one half of the amount of any state support up to a maximum of $1. Issued 2003 Effective 2003 Issued by Title PAGE 41 ORIGINAL NAME OF UTILITY (Acceptance Stamp) Tier 4 - Eligible residents of Tribal Lands may be eligible for discounts of up to $25. This discount may not bring the local residential rate to below $1.00 per month $25. 8.4 Linkup Discounts - applied to installation of new service, including line extensions, construction of facilities, etc., but shall not apply to customer premises facilities or equipment. A service installation cost reduction of 50% up to $30. For an eligible resident of Tribal Lands, an additional reduction of up to $70 may be applied to cover 100% of the charges between $60 and $130 assessed for initiating telephone service. $70. 3.2.Rules Applies to Telecommunication service at the principal residence of the eligible sribscriberlhead of household. 3.2.A household is either an individual living alone or a group of individuals living together in common living quarters and facilities under such domestic arrangements and circumstances as to create a single establishment. Issued 2003 Effective 2003 Issued by Title PAGE 42 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 8 Idaho Telecommunications Service Assistance Program (IT SAP) (cont'd) The eligible participant can receive assistance with telephone service installation costs only once at a residential address. However, if the participant moves to a new address, meets the eligibility criteria and is in good standing with the telephone service provider, there is no limit to the number oftimes the participant may receive assistance with telephone costs. 3.2.Nonrecurring charges to change to or from this program because of change in eligibility status will be waived. 3.2.Lifeline service is not available for foreign exchange service. Only one line per household will qualify for ITSAP discounts. 3.2.Customers participating in either of these assistance programs must notify the company of any changes that would affect qualification. Verification of eligibility will be established by the Department of Health and Welfare and will be reviewed annually. 9 When the customer is no longer eligible, the discount will be discontinued and regular tariff rates and charges will apply. Issued 2003 Effective 2003 Issued by Title PAGE 43 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 3.2.8 Idaho Telecommunications Service Assistance Program (ITSAP) (cont'd) 3.2.Recovery The cost of providing assistance through ITSAP shall be recovered by imposing a monthly surcharge determined by the Public Utilities Commission and assessed on each line used for providing residential and business access. Participating ITSAP customers are exempted from this surcharge. 05/line/month Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund. The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. Issued 2003 Effective 2003 Issued by Title PAGE 44 ORIGINAL NAME OF UTILITY (Acceptance Stamp) RATES AND CHARGES Residential Service USOC 1FR1 st Line Additional AKF Non-Recurring Charge Monthly Recurring Charge 4.2 Business Service USOC 1 st Line 1FR Additional AKF Non-Recurring Charge Monthly Recurring Charge Lines and Trunks 1 Line.1FR Non-Recurring Charge Monthly Recurring Charge 4.4 Optional Vertical Features Residential Hunting IFR Caller ID Call Forwarding Non-Recurring Charge Monthly Recurring Charge Issued 2003 Effective 2003 Issued by Title PAGE 45 ORIGINAL NAME OF UTILITY (Acceptance Stamp) 4..Optional Vertical Features (Cont' Residential Non-Recurrin Char Monthl Recurrin Char Call Waiting 3 Way Calling Call Return Voice Mail 4.4 Optional Vertical Featuresb. Business Hunting Caller ID Call Forwarding Call Waiting 3 Way Calling Call Return Voice Mail 1FR Non-Recurring Charge Monthly Recurring Charge 5 Other TBD 1FR Non-Recurring Charge Monthly Recurring Charge Issued 2003 Effective 2003 Issued by Title PAGE 46 ORIGINAL NAME OF UTILITY (Acceptance Stamp) Number Services Non-Recurring Charge Monthly Recurring Charge 1FR Misc. Charges Non-Recurring Charge Monthly Recurring Charge Misc. Charges 1FR Installation Charges Non-Recurring Charge Installation Charges 1FR Move and Change Charges Non-Recurring Charge Move and Change Charges 1FR Charges for Additional Overtime Labor Non-Recurring Charge Charges for Additional Overtime Labor 1FR Issued 2003 Effective 2003 Issued by Title