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
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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
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Title
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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
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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
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Title
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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
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Title
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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
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Title
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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ORIGINAL
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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
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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
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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.
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ORIGINAL
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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