20030626Application.pdf

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REGAL TELEPHONE COMPANY
1119 WEST KENT, SUITE J
PO BOX 1240
MISSOULA, MT 59806
email: regal~centric.net
;~ECEIVED
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UTILITIES' COI"\MlSSION
Phone: [phone] Fax: [phone]
June 23 , 2003
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
RE:Application for Certificate of
Public Convenience and Necessity
Regal Telephone Company
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Dear Sirs:
Enclosed please find three copies of the Application for Certificate of Authority and
requested financial information, and the Telephone Tariff for Regal Telephone Company.
Regal Diversified, Inc. dba Regal Telephone Company is a reseller of local telephone
service and will be doing business in the state of Idaho within the geographical
boundaries of Qwest Communications. Regal Diversified, Inc. was incorporated in 1998
in the state of Montana and is currently doing business in the states of Montana, Arizona
Wyoming and Oregon. The principal business address is 1119 West Kent, Suite J, PO
Box 1240, Missoula, MT 59806. Regal does not own property nor have an office in the
state ofldaho. Research Unlimited, Inc. of3730 E. Clement Rd., Boise, ID 83704 is the
registered agent representing Regal Diversified, Inc. in the state of Idaho.
The following is a list of stockholders and number of shares issued in the corporation:
Kenneth W. Brown, 6225 Sawmill Gulch Rd., Missoula, MT 59802
200 shares; 50% voting control
Vema G. Brown, 6225 Sawmill Gulch Rd., Missoula, MT 59802
200 shares; 50% voting control
The above represents the total shares issued to date.
Idaho Public Service Commission
Page Two
June 23, 2003
The following is a list of names and addresses of officers and directors of Regal
Diversified, Inc.
Kenneth W. Brown, President, 1119 West Kent, Suite J, Missoula, MT 59801
Vema G. Brown, Vice-President, 1119 West Kent, Suite J, Missoula, MT 59801
Jennifer E. Nordberg, Treasurer, 1119 West Kent, Suite J, Missoula, MT 59801
Rita E. Brown, Secretary, 6225 Sawmill Gulch Road, Missoula, MT 59802
Jason Nordberg, Director, 3333 Big Flat Road, Missoula, MT 59808
David Richards, Director, 2120 Wylie, Missoula, MT 59802
Regal Telephone Company proposes to commence providing service immediately upon
granting of approval by the Commission. The requested contact information is provided
on Page 3 of the Tariff filing.
Interconnection agreements between Regal Diversified, Inc. and Qwest Communications
have been initiated. We have reviewed all of the Commission rules and agree to comply
with same. As stated in Section 2.5.4 - Customer Deposits (Page 22 ofthe Tariff), we
not require deposits from our customers, therefore, no escrow account has been initiated.
We look forward to your approval of our request. Should you have any further questions
or need additional information, please feel free to contact us.
Sincerely,
REGAL DIVERSIFIED, INC.
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Kenneth W. Brown
President
KWB/vg
Enclosures
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State of Idaho
CERTIFICATE OF AUTHORITY
REG.AL DIVERSIFIED, INC.
File Number C 149513
, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
Idaho Business Corporation Act, has beer received in this office and is found to
confonn to law.
ACCOF:D!NGL Y and by virtue of the authority vested in me by law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate
of the application for such cerM;cate.
Dated: 6 June 2003
SECRETARY OF STATE
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I .
,ECRETARYOF STAT--
STATE OF MONTANA
MIKE COONEY
Business Services Bureau
LesLee Shell-Beckert, Deputy
Montana State Capitol
PO Box 202801
Helena, MT 59620-2801
[phone]
http://www .state.mt.us/sos/
KENNETH W BROWN
6225 SA WMILL GULCH ROAD
MISSOULA MT 59802
September 3 , 1998
Dear Mr. Brown:
I've approved the filing of the documents for the above named entity. The document number
and filing date have been recorded on the original document. This letter serves as your
certificate of filing and should be maintained in your files for future reference.
Thank you for giving this office the opportunity to serve you. If you have any questions in this
regard, or need additional assistance , please do not hesitate to contact the Business Services
Bureau professionals at [phone].
Sincerely,
Mike Cooney
Secretary of State
Enclosure
You can correspond with our office via facsimile. Our fax number is [phone]. You can now fax in
your search, copy, and certificate requests.
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ARTICLES OF INCORPORATION
REGAL DIVERSIFIED, INC.
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SEf;REIL~HY Of STATE
The undersigned incorporators , for the purpose of forming a
corporation under the Montana Business Corporation Act and the
Montana Close Corporation Act, do hereby adopt the following
articles of incorporation:
ARTICLE ONE
NAME:The name of the corporation is Regal Diversified, Inc.
ARTICLE TWO
DURATION:The duration of the corporation is perpetual.
ARTICLE THREE
PURPOSE:The purposes for which the corporation is organized
are:
Re-sale of telephone service , and
To transact any and all lawful business for which
corporations may be incorporated under the laws of the State of
Montana.
ARTICLE FOUR
SHARES:The corporation is authorized to issue only one class of
stock.The total number of shares authorized to be issues is
Five Thousand (5,000) without par value.Shares may be issued by
the corporation from time to time upon resolution of existing
shareholders (acting in lieu of a board of directors as
hereinafter provided) The number of shareholders shall not
exceed the lesser of twenty-five (25) or the number allowed
the Internal Revenue code under any election by the shar~holders
to be treated as a small business corporation (II Subchapter S
Corporation) as provided by the Internal Revenue code in effect
at such time.The shares of the corporation shall be
nonassessable.
ARTICLE FIVE
STATUTORY CLOSE CORPORATION:The corporation is a statutory
close corporation as provided by Section 35-101 , et. seq.
ARTICLE SIX
SHARE TRANSFER RESTRICTIONS:The corporation's share
certificates shall contain the statement required by Section
35-201 , M.(1995) .No interest in shares may be
transferred voluntarily or involuntarily, to any person or entity
other than the corporation, unless the transfer is pursuant to
the written agreement of all shareholders or pursuant to the
procedures set forth in Section 35-203 , M.(1995) .These
share transfer restrictions extend to the heirs and relatives of
shareholders and to trustees, receivers or other similar officers
appointed as the result of the shareholder's bankruptcy,
insol vency or other similar proceedings.
The provisions of Sections 35-205 through 35-208, M.
(1995), concerning compulsory purchase of a deceased
shareholder s shares by the corporation , apply to the
corporation; and the corporation may fund such compulsory
purchase obligations by purchasing insurance on the life of each
shareholder.
ARTICLE SEVEN
ABSENCE OF DIRECTORS:The corporation or its shareholders may
elect to operate without a board of directors.In the event such
election is made, all corporate powers and affairs shall be
exercised and managed under the direction of the shareholders.
The shareholders may by resolution appoint one or more of their
number to execute documents on behalf of the corporation.
ARTICLE EIGHT
REGISTERED OFFICE AND AGENT:The address of the corporation I
initial registered office is 6225 Sawmill Gulch Road, Missoula,
MT 59802.The name of the initial registered agent at such
registered office is Kenneth Wayne Brown.
ARTICLE NINE
INCORPORATION:The name and address of the incorporators are
Kenneth Wayne Brown, 6225 Sawmill Gulch Road, Missoula , MT 59802
and Verna G. Brown, 6225 Sawmill Gulch Road , Missoula , MT 59802.
The incorporators shall have authority to make the corporation I
, .
initial offering of shares to themselves.Upon issuance of one
or more shares of the corporation I s stock by the incorporators to
each of the incorporators, the incorporators I authority as
incorporators shall cease and all corporate shares, including
issuance of shares of stock, shall be exercised by shareholders
as above set forth.
IN WITNESS WHEREOF these Articles of Incorporation have been
Kenneth
~ZIexecuted in duplicate on the
199~.
o?~t!2- day 0
SUBSCRIBED AND SWORN ~~ before me this, 1991-.c?~ I6G day of
SUBSCRIBED AND SWORN TO before me this
ikp.9/-, 199
d? day of
Not y Public f r th State of MT
Residing at Missoula , MT
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My commission expires: -;0
3:04 PM
06125/03
REGAL TELEPHONE COMPANY
Balance Sheet
As of December 31 , 2002Accrual Basis
Dec 31, 02
ASSETS
Current Assets
CheckinglSavings
CASH DRAWER
CB3405
MONEY MARKET
Total CheckinglSavings
Accounts Receivable
Accounts Receivable
250 . 00
744.
837.
831.
Total Accounts Receivable
Other Current Assets
Employee Advances
Total Other Current Assets
362.
362.
691 .
691.
Total Current Assets
Fixed Assets
ACCUM. DEPRECIATION
AUTOMOBILES
EQUIPMENT
158 885.
Total Fixed Assets
Other Assets
ACCUM. AMORTIZATION
DEPOSITS
INCORPORATION COSTS
865.
123.
481.
738.
Total Other Assets
220.
000.
275.
055.
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Credit Cards
BANK ONE VISA
Total Credit Cards
183,679.
-3).
-3) .00
Other Current Liabilities
Payroll Liabilities
Simple Payable
Total Other Current Liabilities
407.
777.00
184.
154.Total Current Liabilities
Long Term Liabilities
GMAC PAYABLE
Total Long Term Liabilities
616.
616.
771.47Total Liabilities
Equity
Capital Stock
OFFICER LOAN TOIFROM
Retained Earnings
Shareholder Dividends
Net Income
Total Equity
500.
290.
109 300.
000.00
103 308.
146 908.
TOTAL LIABILITIES & EQUITY 183,679.
3:02 PM
06/25103
REGAL TELEPHONE COMPANY
Profit & Loss
January through December 2002Accrual Basis
Jan - Dec 02
Ordinary Income/Expense
Income
FeeslNSF CHECKS
Reimbursed Expenses
Sales
Total Income
Expense
ADVERTISING
Amortization Expense
Bank Service Charges
COLLECTIONS
Contributions
CREDIT/DISCOUNT
Depreciation Expense
Director s Fees
Dues and Subscriptions
INSTALLATION
Insurance
SURETY BOND INS.
VEHICLE INSURANCE
Work Comp
Total Insurance
Interest Expense
Finance Charge
Total Interest Expense
INTERNET ACCESS
Licenses and Permits
Miscellaneous
OFFICE EXPENSE
AMERICAN EXPRESS MERCHANT FEE
MCGOWAN WATER
NOVA INFO SYSTEMS
OFFICE EXPENSE - Other
Total OFFICE EXPENSE
564.
12.
804334.
807 886.
888.
55.
413.
101.
309.
769.
254.
000.00
135.
056.
300 . 00
239.
278.
818.41
Office Supplies
Payroll Expenses
WAGES
Payroll Expenses - Other
Total Payroll Expenses
Postage and Delivery
FED EX
Postage and Delivery - Other
Total Postage and Delivery
Printing and Reproduction
Professional Development
Professional Fees
ACCOUNTING BOOKKEEPING
Legal Fees
PROFESSIONAL SERVICES
Total Professional Fees
REFUND
REGISTRATION FEE
Rent
VEHICLE LEASE
Rent-Other
Total Rent
Repairs
Computer Repairs
Repairs-Other
164.
299 .00
-0.
31.
40.
585.
463.
119.
793.
137 846.
832.
153 678.
143.
767.
911.
624.
1 ,505.
265.
45.
815.
997.
659.
729.
000.
729.
60.
50.
3:24 PM
06/25/03
REGAL TELEPHONE COMPANY
Balance Sheet
As of March 31, 2003Accrual Basis
Mar 31,
ASSETS
Current Assets
Checking/Savings
CASH DRAWER
CB3405
MONEY MARKET
Total Checking/Savings
317.
733.
967.
018.
Accounts Receivable
Accounts Receivable
Total Accounts Receivable
540.
540.
Other Current Assets
Employee Advances
Undeposited Funds
Total Other Current Assets
716.
384.
101.
Total Current Assets
Fixed Assets
ACCUM. DEPRECIATION
AUTOMOBILES
EQUIPMENT
129 659.
Total Fixed Assets
Other Assets
ACCUM. AMORTIZATION
DEPOSITS
INCORPORATION COSTS
865.
123.
894.
151.
Total Other Assets
220.
000.
275.
055.
154 866.TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Credit Cards
BANK ONE VISA
Total Credit Cards
-30 . 00
-30.00
Other Current Liabilities
Payroll Liabilities
Total Other Current Liabilities
068.
068.
Total Current Liabilities
Long Term Liabilities
GMAC PAYABLE
038.
Total Long Term Liabilities
110.
110.
Total Liabilities
Equity
Capital Stock
OFFICER LOAN TOIFROM
Retained Earnings
Shareholder Dividends
Net Income
30,149.
Total Equity
500.
290.
137 698.
000.
808.
124 716.
154,866.TOTAL LIABILITIES & EQUITY
Accrual Basis
REGAL TELEPHONE COMPANY
Profit & Loss
January through March 2003
3:08 PM
06125103
Jan - Mar 03
Ordinary Income/Expense
Income
FeesiNSF CHECKS
Reimbursed Expenses
Sales
Total Income
039.
18.
235 491.
236,512.
Expense
ADVERTISING
Automobile Expense
Bank Service Charges
Contributions
CREDITtDISCOUNT
Insurance
VEHICLE INSURANCE
001.
21.
121.
140.
455 . 80
Total Insurance
INTERNET ACCESS
Licenses and Permits
Miscellaneous
OFFICE EXPENSE
AMERICAN EXPRESS MERCHANT FEE
MCGOWAN WATER
NOVA INFO SYSTEMS
SCOTT & ASSOCIATES, CLEANING
OFFICE EXPENSE - Other
Total OFFICE EXPENSE
288 .00
288.
47.
75.
Office Supplies
Payroll Expenses
WAGES
Payroll Expenses - Other
Total Payroll Expenses
Postage and Delivery
FED EX
Postage and Delivery - Other
Total Postage and Delivery
Printing and Reproduction
Professional Fees
ACCOUNTING BOOKKEEPING
Legal Fees
Professional Fees - Other
Total Professional Fees
24.
28.
1 ,280.
100.
780.
212.
1 ,893.
972.
830.
802.
51.
854.
906.
231.
REFUND
Rent
Taxes
Local
CHANDLER
FLAGSTAFF
GLENDALE
MESA
PEORIA
PHOENIX
SCOTTSDALE
SURPRISE
TEMPE
TUCSON
Total Local
895 . OQ
285 . 00
145.
1 ,325.
224.
626.
37.
92.
139.42
106.
50.
742.
13.
41.47
047.
277.
State
ARIZONA
WYOMING
Total State
310.
276.
587.
3:08 PM
06/25/03
REGAL TELEPHONE COMPANY
Profit & Loss
January through March 2003Accrual Basis
Jan - Mar 03
865.Total Taxes
Telephone
AZ SUMMARY
CELLULAR
MAIN OFFICE
MAIN OFFICE 800#
MT SUMMARY
OR SUMMARY BILL
UNIVERSAL SERVICE FUND
WY SUMMARY
Telephone-Other
Total Telephone
Travel & Ent
Meals
Travel
Total Travel & Ent
791.
432.
001.
005.
155.
985.
524.
716.
00.
111 783.
736.
116.
852.
Total Expense
Net Ordinary Income
Other Income/Expense
Other Income
INTEREST EARNED
Interest Income
Total Other Income
188 834.
677.
130.
130.
Net Other Income 130.
Net Income 808.
TELEPHONE TARIFF
FILED WITH THE
IDAHO PUBLIC UTILITIES COMMISSION
ON BEHALF OF
REGAL DIVERSIFIED, INC.
dba REGAL TELEPHONE COMPANY
1119 WEST KENT STREET, SUITE
MISSOULA, MT 59801
406-543-6709
406-543-6809 Fax
Prepared by:
Kenneth W. Brown, President
Regal Diversified, Inc.
1119 West Kent Street, Suite J
Missoula, MT 59801
Contact Phone: [phone]
Regal Telephone Company Page 1 of 34
T ABLE OF CONTENTS
Application of Tariff.................................... .....,............................. 3
Contact Information ........................................................................ 3
Explanation of Symbols, References Marks and Abbreviations ... .................. 4
Tariff Format ................................................................................ 5
Section 1 - Definitions ..................................................................... 6
Section 2 - Regulations ..................................................................... 9
1 Undertaking ofthe Company..................................................... 9
Scope ........................................................................ 9
Shortage of Equipment or Facilities ....................................
1.3 Terms and Conditions .................................................... 9
1.4 Liability of the Company
.................................................
Notice of Service-Affecting Activities ................................. 15
Provision of Equipment and Facilities ................................. 15
1. 7 Ownership of Facilities................................................... 16
2 Prohibited Uses ..................................................................... 16
3 Obligations of the Customer ...................................................... 17
2.3.General Obligations ....................................................... 17
Claims....................................................................... 19
2.4 Customer Equipment and Channels
...... ... ... .................. ................
2.4.Interconnection of Facilities .............................................. 19
2.4.Inspections ..................................................................
5 Payment Arrangements ............................................................
Payment for Service .
"""""""""""""""""""""""""""
Billing and Collection of Charges ....................................... 21
Disputed Bills
...............................................................
5.4 Customer Deposits .........................................................
Discontinuation of Service ................................................
Regal Telephone Company Page 2 of 34
6 Allowance for Interruptions of Service
........................... ... ...... ......
Credit Allowances .........................................................6.2 Limitation on Allowances ................................................
7 Allowances for Uncompleted Calls ..............................................
8 Cancellation of Service ............................................................
Cancellation of Application for Service................................
Cancellation of Service by the Customer............................... 26
9 Transfer and Assignments.................................... ...
..................
10 Notices and Communications
.................. ...... ...... ......................
Section 3 - Service Areas, Service Description and Rates. .
. . . . . . . . . . . . . . . . . . . . . . . . ...
0 Exchange Service Areas & Rate Classes.... .
.. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .
1 Local Exchange Telephone Service.............................................
3.2 Basic Local Service Rates and Charges.. .
.. .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .
3 Directory Listings
.................................................................
3.4 Emergency Services (Enhanced 911)
..........................................
5 Promotional Offerings............................................................ 33
6 Idaho Telecommunications Service Assistance Program (ITSAP) ......... 33
7 Idaho USF Surcharges.......................................... .................. 33
Section4-CustomerService
.............................................................
Regal Telephone Company Page 3 of 34
APPLICATION OF TARIFF
This tariff sets forth the services offerings, rates, terms and conditions applicable to the
furnishing of intrastate communications services by Regal Diversified Inc., dba Regal
Telephone Company (hereinafter "Company ) with principal offices at 1119 West Kent
Street, Suite J, Missoula, Montana 59801. This tariff applies to services furnished in the
State ofldaho. This Tariff is on file with the Idaho Public Utilities Commission, and
copies can be inspected during normal business hours at Company s principal place of
business.
CONTACT INFORMATION
Regal Diversified, Inc.
Regal Telephone Company
PO Box 1240
Missoula, MT 59806
[phone]
Fax: [phone]
Email: regal~centric.net
Customer Contact
For establishment of service, complaints and inquiries regarding service and billing, or
reporting or inquiring about network outages or service problems:
Customer Service: 800-829-1403
Maintenance: 800-829-1403
Commission Contact
For complaints, inquiries and matters concerning rates and price lists:
Matters concerning customer service
Jennifer E. Nordberg
Phone: [phone]
Fax: [phone]
Email: regal~centric.net
Matters concerning tariffs and regulatory affairs
Kenneth W. Brown, President
Phone: [phone]
Fax: [phone]
Email: regal~centric.net
Regal Telephone Company Page 4 of 34
EXPLANATION OF SYMBOLS. REFERENCE MARKS. AND
ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
c -To signify a changed condition or regulation.
D -To signify a discontinued rate or regulation.
To signify an increased rate.
To signify a move in location of text.
N -To signify a new rate or regulation.
To signify a reduced rate.
T -To signify a change in text but no change in rate or regulation.
z -To signify a correction.
Regal Telephone Company Page 5 of 34
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper right-hand comer of the
sheet. Sheets are numbered sequentially. However, new sheets are occasionally
added to the Tariff. When a new sheet is added between sheets already in effect
a decimal is added. For example, a new sheet added between Sheets 14 and 15
would be 14.
Sheet Revision Numbers - Revision numbers also appear in the upper-right comer
of the sheet. These numbers are used to determine the most current sheet version
on file with the Board. Consult the Check Sheet for the sheet currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding.
Each level of Coding is subservient to its next higher level of coding.
1.1.
1. 1. A.
1. 1. A. 1. (a)
J\.(a).
J\.(a).
A.l.(a)I.i.(1)
Regal Telephone Company Page 6 of 34
SECTION 1 - DEFINITIONS
Terms used generally throughout this tariff are defined as follows:
Account Number - A unique number assigned to a customer.
Advance Payment - Payment of all or part of a charge required before start of service.
Authorized User - A person that either is authorized by the Customer to use local
exchange service at the Customer s location, or is placed in a position by the
customer, either through acts or omissions, to use local exchange telephone
servIce.
Authorized Code - A numerical code, one or more of which are assigned to Customer to
enable Company to identify use of service on their account and to bill Customer
accordingly. Multiple authorization codes may be assigned to Customer
identify individual users or groups of users on Customer s account.
Commission - Idaho Public Utilities Commission
Company - Regal Telephone Company, a division of Regal Diversified, Inc., a Montana
corporation, the issuer of this Tariff.
Competitive Local Exchange Carrier (CLEC) - Denotes a common carrier that is issued
the necessary Certificate to provide local exchange telecommunications service.
Customer - The entity which orders service, uses and/or is responsible for the payment of
charges and for compliance with the Company s tariff regulations.
Customer-Provided Equipment - Terminal Equipment, as defined herein, provided by the
Customer.
Demarcation Point - The premises wire demarcation point begins where the Customer
inside wire connects to the intra-building network cable. In the case of no intra-
building network cable, the demarcation point is the point of entry at Company
entrance facility. This demarcation point separates the responsibility of the end
user from that of a vendor or Company s vendor of choice for premises wire
repair and Customer Provided Equipment trouble isolation.
Disconnection - The disconnection of a line, circuit, or port connection being used for
existing service.
Regal Telephone Company Page 7 of 34
Exchange Carrier - Any individual, partnership, association, joint-stock company, trust
government entity or corporation engaged in the provision of local exchange
telephone service.
Exchange Service - The furnishing of service for telephone communication within a local
service area in accordance with the provision ofthis Tariff.
Incumbent Local Exchange Carrier (ILEC) - Any certified local exchange company who
holds a Certificate of Public Convenience and Necessity.
Individual Case Basis - A service arrangement in which the regulations, rates and
charges are developed based on specific circumstances of the Customer
situation.
Local Access and Transport Area (LATA) - An area established pursuant to the
Modification of Final Judgment entered by the United States District Court for the
District of Columbia in Civil Action No. 82-0192 for the provision and
administration of communication services.
Local Call - A completed call or telephone communication between a calling Station and
any other Station within the local service area of the calling Station.
Local Service - Service which provides for exchange telephone communication within
the local service area at rates and under regulations as provided in this Tariff.
Local Service Area - That area within which a Customer to exchange service can make
telephone calls at exchange rates. A local service area may be made up of one or
more central office areas or exchange areas.
Non-Recurring Charges - The one-time initial charges for services or facilities, including
but not limited to charges for processing and installation, for which the customer
becomes liable at the time the Service Order is executed.
Premises - Customer premises is all space in the same building occupied by a Customer
and all space occupied by the same Customer in different buildings or continuous
property .
Premises Inside Wire - Inside premises wire refers to all non-system inside telephone
wire on the Customer s side of the inside wire demarcation point but does not
include Customer premises equipment.
Recurring Charges - The monthly charges to the Customer for services, facilities and/or
equipment, which continue for the agreed upon duration of the service.
Regal Telephone Company Page 8 of 34
Service Commencement Date - The first day following the date on which the Company
notifies the Customer that the requested service or facility is available for use
unless extended by the Customer s refusal to accept service which does not
conform to standards set forth in the Service Order of this Tariff, in which case
the Service Commencement Date is the date of the Customer s acceptance of
service. The parties may mutually agree on a substitute Service Commencement
Date.
Service Order - The request for local exchange services executed by the Customer and
the Company in a format specified by the Company.
Services - The Company s local and inter-exchange telecommunications service offered
to the Customer within the State of Idaho.
Speed Dial - Provides an end user with the option to call selected directory numbers by
dialing a one or two digit code.
Station - Telephone equipment from or to which calls are placed.
Trunk - A communications path connecting two switching systems in a network, used in
the establishment of an end-to-end connection.
End User (User) - A Customer or any other person authorized by the Customer to use
Services provided under this Tariff.
Regal Telephone Company Page 9 of 34
SECTION 2 - REGULATIONS
Undertaking of the Company
Scope
The Company undertakes to furnish intrastate telecommunications
services within the State ofldaho under the terms ofthis Tariff as a
Reseller of services from Qwest Communications.
The Company is responsible under this Tariff only for the services and
facilities provided herein. Should Customers use such services and
facilities to obtain access to services offered by other providers, the
Company assumes no responsibility for such other service.
The Company s Customer Service Center business hours are Monday
through Friday, 9:00 am to 6:00 p., and Saturday, 11 :00 a.m. to 2:00
, Mountain Time.
1.2 Shortage of Equipment or Facilities
The Company reserves the right to limit or allocate the use of existing
facilities, or of additional facilities offered by the Company when
necessary because of lack of facilities or due to some other cause beyond
the Company s control.
The furnishing of service under this Tariff is subject to availability on a
continuing basis of all the necessary facilities and is limited to the capacity
of the Company s facilities as well as any facilities the Company may
obtain from other carriers to furnish service from time to time as required
at the sole discretion of the Company.
1.3 Terms and Conditions
Except as otherwise provided herein, service is prepaid and
provided on the basis of a minimum period of thirty (30) days, and
shall continue to be provided until Customer fails to prepay for the
subsequent month pursuant to the Company s reminder. If
Customer does not provide payment prior to the expiration of the
prepaid service period, Customer s service will be disconnected
pursuant to Section 2.5 of this Tariff.
Regal Telephone Company Page 10 of 34
1.3.
1.3.4
1.3.
1.3.
Unless otherwise specified herein, for the purpose of computing
charges in this Tariff, a month is considered to have thirty (30)
days. All calculations of dates set forth in the Tariff shall be based
on calendar days. Should the applicable date fall on a Sunday or
Federal holiday, the Customer will be permitted to make payment
on the next regular business day.
Customer may be required to enter into a written Customer Service
Agreement, which may contain or reference the name of the
Customer, a specific description of the service ordered, the rates to
be charged, the duration of the services, and the terms and
conditions of this Tariff. At the expiration of any term specified in
the Customer Service Agreement, or in any extension thereof
service shall continue on a month to month basis at the then current
rates unless terminated by either party. Any termination shall not
relieve Customer of its obligation to pay any charges incurred
under the Agreement and this Tariff prior to termination. The
rights and obligations which by their nature extend beyond the
termination of the term of the Agreement and this Tariff prior to
termination shall survive each termination.
This Tariff shall be interpreted and governed by the laws of the
state ofldaho.
Another telephone company must not interfere with the right of
any person or entity to obtain service directly from the Company.
The Customer has no property right to the telephone number or
any call number designation associated with services furnished by
the Company. The Company reserves the right to change such
numbers, or the central office designation associated with such
numbers, or both, assigned to the Customer, whenever the
Company deems it necessary to do so.
:Regal Telephone Company Page 11 of 34
1.4
1.4.
1.4.
1.4.
1.4.4
Liability of the Company
The liability of the Company for damages arising out of the
furnishing of its services, including but not limited to mistakes
omissions, interruptions, delays, or errors, other defects, or
representations by the Company, or use of these services or
damages arising out of the failure to furnish the service whether
caused by acts or omission, shall be limited to the extension of
allowances for interruption as set forth in Section 2.6 below. The
extension of such allowances for interruption shall be the sole
remedy of the Customer and the sole liability of the Company.
The Customer is responsible for taking all necessary legal steps for
interconnecting his or her customer provided terminal equipment
of communications systems with Company s facilities. Customers
shall secure all licenses, permits, rights-of-way, and other
arrangements necessary for such interconnections.
The Company s liability for willful misconduct, if established as a
result of judicial or administrative proceedings, is not limited by
this Tariff. With respect to any other claim or suit, by a Customer
or by others, for damages associated with the ordering (including
the reservation of any specific number for use with a service),
installation (including delays thereof), provision, termination
maintenance, repair, interruption or restoration of any service or
facilities offered under this Tariff, and subject to the provisions of
Section 2., the Company s liability, if any, shall be limited as
provided herein.
The Company shall not be liable for any delay or failure of
performance or equipment due to causes beyond its control
including but not limited to: natural disasters, floods, fire
explosions or other catastrophes; and law, order, regulation, direct
action or request of the United States government or any other
government, including state and local governments having or
claiming jurisdiction over the Company, or of any department
agency, commission, bureau, corporation or other instrumentality
of anyone or more of these federal, state or local governments, or
any military authority; preemption of existing service in
compliance with national emergencies; insurrections; riots; wars;
unavailability of rights-of-way or materials, or strikes, lockouts
work stoppages, or other labor difficulties.
Regal Telephone Company Page 12 of 34
1.4.
1.4.
1.4.
1.4.
1.4.
The Company shall not be liable for: (a) any act or omission of
any entity furnishing the Company or the Company s customers
facilities or equipment used for or with the services the Company
offers; or (b) for the acts or omission of other common carriers or
local exchange carriers.
The Company shall not be liable for any damages or losses due to
the fault or negligence of, or any omission by, the Customer or due
to the failure or malfunction of Customer-provided equipment or
facilities.
The Customer shall indemnify and hold the Company harmless
from any and all loss, claims, demand, suits, or other action, or any
liability whatsoever, whether suffered, made, instituted, or asserted
by any other party or person( s), and for any loss, damage, or
destruction of any property, whether owned by the Customer or
others, caused or claimed to have been caused directly or indirectly
by the installation, operation, failure to operate, maintenance
removal, condition, location or use of any installation provided by
the Company. The Company reserves the right to require each
Customer to sign an agreement acknowledging acceptance of the
provisions of this section as a condition precedent to such
installations.
The Company shall not be liable for any defacement of or damage
to Customer premises resulting from the furnishing of services of
equipment on such premises or the installation or removal thereof
unless such defacement or damage is caused by gross negligence
or willful misconduct of the Company s employees. No agents or
employees of other participating carrier shall be deemed to be
agents or employees of the Company.
Notwithstanding the Customer s obligations as set forth in Section
2.3., the Company shall be indemnified, defended, and held
harmless by the Customer or by others authorized by it to use the
service against any claim, loss or damage arising from Customer
use of services furnished under this Tariff, including:
Claims for defamation, libel, slander, invasion of privacy,
Infringement of Copyright, unauthorized use of Trademark
Trade name, or service mark, unfair competition
interference with or misappropriation or violation of any
Contract, proprietary or creative right, or any other injury
to any person, property, or entity arising from the material
Regal Telephone Company Page 13 of 34
1.4.
1.4.
1.4.
1.4.
data, information or content revealed, transmitted
processed, handled or used by the Company under this
Tariff.
Patent Infringement claims arising from combining or
connecting the service offered by the Company with
apparatus and systems of the Customer or others.
All other claims arising out of any act or omission of the
Customer or others, in connection with any service
provided by the Company pursuant to this Tariff.
The entire liability of the Company for any claim, loss, damage or
expense from any cause whatsoever shall in no event exceed sums
actually paid to the Company by the Customer for the specific
services giving rise to the claim, and no action or proceeding
against the Company shall be commenced more than one year
after the service is rendered.
THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OR MERCHANT ABILITY OR
FITNESS FOR A PARTICULAR USE, EXCEPT THOSE
EXPRESSLY SET FORTH HEREIN.
The Company shall not be liable for any act or omission of any
other company or companies furnishing a portion of the service, or
for damages associated with service, channels, or equipment which
it does not furnish, or for damages which result from the operation
of Customer-provided systems, equipment, facilities, or services
which are interconnected with Company services.
No agent or employee of any other carrier shall be deemed to be an
agent or employee of the Company.
With Respect to Emergency Number 911 Service
This service is offered solely as part of the resold ILEC
Service, where available, as an aid in handling assistance
calls in connection with fire, police, and other emergencies.
The Company is not responsible for any losses, claims
demands, suits or any liability whatsoever, whether
suffered, made, instituted or asserted by the Customer or by
any other party or person or persons for any personal injury
Regal Telephone Company Page 14 of 34
1.4.
1.4.
to or death of any person or persons, and for any loss
damage or destruction of property, whether owned by the
Customer or others, caused or claimed to have been caused
by: (1) mistakes, omissions, interruptions, delays, errors or
other defects in the provision ofthis service, or (2)
installation, operation, failure to operate, maintenance
removal, presence, condition, location or use of any
equipment and facilities furnishing this service.
Neither is the Company responsible for any infringement or
invasion of the right of privacy of any person or persons
caused or claimed to have been caused, directly or
indirectly, by the installation, operation, failure to operate
maintenance, removal, presence, condition, occasion or use
of Emergency 911 service features and the equipment
associated therewith, or by any services furnished by the
Company, including, but not limited to, the identification of
the telephone number, address, or name associated with the
telephone number, address or name associated with the
telephone used by the party or parties accessing Emergency
911 service, and which arise out of the negligence or other
wrongful act of the Company, the Customer, its Users
agencies or municipalities, or the employee or agents of
anyone of them.
The Company s liability arising from errors or omissions in
directory listing, other than charged listings, shall be limited to the
amount of actual impairment to the Customer s service and in no
event shall exceed one-half the amount of fixed monthly charges
applicable to exchange service affected during the period covered
by the directory in which the error or omission occurs. In cases of
charged Directory Listings, the liability of the Company shall be
limited to an amount not exceeding the amount of charges for the
charged listings involved during the period covered by the
directory in which the error or omission occurs.
In conjunction with a non-published telephone number, the
Company will not be liable for failure or refusal to complete any
call to such telephone number when the number does not place the
call. The Company will try to prevent the disclosure of the number
of such telephone, but will not be liable should such number be
divulged.
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When a Customer with a non-published telephone number places a
call to the Emergency 911 Service, the Company will release the
name and address of the calling party, where such information can
be determined, to the appropriate local governmental authority
responsible for the Emergency 911 Service upon request of such
governmental authority. By subscribing to service under this
Tariff, Customer acknowledges and agrees with the release of
information as described above.
1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service
affecting activities that may occur in normal operation of its business. Such
activities may include, but are not limited to, equipment or facilities additions
removals, or rearrangements and routine preventive maintenance. Generally, such
activities are not specific to an individual Customer but may affect many
Customers' Services. No specific advance notification is applicable to all service
activities. The Company will work cooperatively with the Customer to determine
the reasonable notifications requirements. With some emergency or unplanned
service-affecting conditions, notification to the Customer may not be possible.
Provision of Equipment and Facilities
1.6.
1.6.
The Company shall use reasonable efforts to make available
services to a Customer on or before a particular date, subject to the
provisions of and compliance by the Customer, with the
regulations contained in this Tariff. The Company does not
guarantee availability by any such date and shall not be liable for
any delays in commencing service to any Customer.
The Company shall use reasonable efforts to cause the ILEC to
maintain its own facilities which the Company furnishes to the
Customer. The Customer may not, nor may the Customer permit
others, to rearrange, disconnect, remove, attempt to repair or to
otherwise interfere with any of the facilities provided by the ILEC.
The Customer shall be responsible for the payment of service
charges as set forth herein for visits by the Company s agents, or
employees to the Customer s premise when tIle service difficulty
or trouble report results from the use of equipment or facilities
provided by any party other than the ILEC or the Company,
including but not limited to the Customer.
Regal Telephone Company Page 16 of34
1.6.The Company shall not be responsible for the installation
operation, or maintenance of any Customer-provided
communications equipment. Where such equipment is connected
to the facilities furnished pursuant to this Tariff, the responsibility
of the Company shall be limited to the furnishing of facilities
offered under this Tariff and to the maintenance and operation of
such facilities. Beyond this responsibility, the Company shall not
be responsible for:
The transmission of signals by Customer-provided
equipment or for the quality of, or defects in, such
transmission; or
The reception of signals by Customer-provided equipment;
Network control signaling where such signaling is
performed by Customer-provided network control signaling
equipment.
1. 7 Ownership of Facilities
Title to all facilities provided in accordance with this Tariff remains in the
ILEC, its agents or contractors.
Prohibited Uses
The services the Company offers shall not be used for any unlawful
purpose or for any use as to which the Customer has not obtained all
required governmental approvals, authorizations, licenses, consents, and
permits. Services also may not be used for any purpose for which
payment or other compensation is received by the Customer except when
the Customer is a duly authorized regulated common carrier. This
provision does not prohibit an arrangement between the customer
authorized user, or joint user to share services.
The Company may block any signals being transmitted over its network
by Customers that cause interference to the Company or other users.
Customer shall be relieved of all obligations to make payment for charges
relating to any blocked service and shall indemnify the Company for any
claim, judgment or liability resulting from such blockage.
Regal Telephone Company Page 17 of 34
3 A Customer, joint user, or authorized user may not assign, or transfer in
any manner, the service or any rights associated with the service without
the written consent of the Company. The Company will permit a Customer
to transfer its existing service to another entity if the existing customer has
paid all charges owed to the Company for regulated communications
services. Such a transfer will be treated as a disconnection of existing
service and installation of new service, and non-recurring installation
charges as stated in this Tariff will apply.
Obligations of the Customer
General Obligations
The Customer shall be responsible for:
Placing orders for service.
When placing an order for service, Customer must provide:
the name(s), addressees) of the person(s) responsible for the
payment of service charges; and
the name(s), telephone number(s), and addressees) ofthe
Customer contact person( s
Payment of all applicable charges pursuant to this Tariff;
Reimbursing the Company for damage to or loss ofthe Company s or the
ILEC's facilities or equipment caused by the acts or omissions of the
Customer; or the noncompliance by the Customer, with these regulations;
or by fire or theft or other casualty on the Customer s premises, unless
caused by the negligence or willful misconduct of the employees or agents
of the Company. The Company will, upon reimbursement for damages
cooperate with the Customer in prosecuting a claim against the person
causing such damage and the Customer shall be subrogated to the
Company s right of recover of damages to the extent of such payment.
Providing at no charge, as specified from time to time by the Company,
any needed personnel, equipment, space and power to operate Company or
ILEC facilities and equipment installed on the premises of the Customer
and the level of heating and air conditioning necessary to maintain the
operating environment on such premises;
Regal Telephone Company Page 18 of 34
Obtaining, maintaining, and otherwise having full responsibility for all
rights-of-way and conduit necessary for installation of fiber optic cable
and associated equipment used to provide local exchange service to the
Customer from the cable building entrance or property line to the location
of the equipment space described in 2.3.l.D. Any costs associated with
obtaining and maintaining the rights-of-way described herein, including
the costs of altering the structure to permit installation of the Company or
ILEC provided facilities, shall be borne entirely by, or may be charged by
the Company to the Customer. The Company require the Customer to
demonstrate its compliance with this section prior to accepting an order.
Providing a safe place to work and complying with laws and regulations
regarding the working conditions on the premises at which ILEC
employees and agents shall be installing or maintaining the facilities and
equipment under this Tariff. The Customer may be required to install and
maintain ILEC's facilities and equipment within a hazardous area if, in the
ILEC's opinion, injury or damage to the ILEC's employees or property
might result from installation or maintenance by the ILEC. The Customer
shall be responsible for identifying, monitoring, removing and disposing
of any hazardous material (e., friable asbestos) prior to any construction
or installation work;
Complying with all laws and regulations applicable to, and obtaining all
consents, approvals, licenses and permits as may be required with respect
, the location of Company or ILEC facilities and equipment in any
Customer premises or the rights-of-way for which Customer is responsible
under Section 2.E above; and granting or obtaining permission for
needed personnel to enter the premises of the Customer at any time for the
purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or
equipment ofthe Company or ILEC;
Not creating or allowing to be placed or maintained any liens or other
encumbrances on the Company s or ILEC's equipment or facilities; and
Making Company or ILEC facilities and equipment available periodically
for maintenance purposes at a time agreeable to all affected parties. No
allowance for interruptions in service will be made for the period during
which service is interrupted for such purposes.
Regal Telephone Company Page 19 of 34
Claims
With respect to any service or facility provided by the Company, Customer shall
indemnify, defend and hold harmless the Company from all claims, actions
damages, liabilities, costs and expenses for:
Any loss, destruction or damage to property of the Company or any third
party, or the death of or injury to persons, including but not limited to
employees or invitees of either the Company or the Customer to the extent
caused by or resulting from negligent or intentional act or omission of the
Customer, its employees, agents, representatives or invitees; or
Any claim, loss, damage, expense or liability for infringement of any
copyright, patent, trade secret, or any proprietary or intellectual property
right of any third party, arising from any act or omission by the customer
including, with limitation, use ofthe Company s services and facilities in a
manner not contemplated by the agreement between the Customer and the
Company.
2.4 Customer Equipment and Channels
2.4.Interconnection of Facilities
2.4.1.1
1.2
2.4.1.3
Services furnished by the Company may be connected to
the services or facilities of other authorized
communications carriers only when authorized by, and in
accordance with, the terms and conditions of the tariffs of
the other communications carriers, which are applicable to
such connections. Service furnished by the Company is not
part of a joint undertaking with such other carriers.
Any special interface equipment necessary to achieve
compatibility between the facilities and equipment of the
Company used for furnishing local exchange service and
the channels, facilities, or equipment of others may be
provided at the Customer s expense.
Facilities furnished under this tariff may be connected to
Customer-provided terminal equipment in accordance with
the provisions of this Tariff.
Regal Telephone Company Page 20 of 34
1.4
Inspections
2.4.
The Customer is responsible for taking all necessary legal
steps for interconnecting his or her customer provided
terminal equipment of communications systems with
Company s facilities. Customers shall secure all licenses
permits, rights-of-way, and other arrangements necessary
for such interconnections.
Upon reasonable 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
any Customer provided facilities and equipment to any
Company owned facilities and equipment. No credit will be
allowed for any interruptions occurring during such
inspections.
If the protective requirements for Customer provided
equipment are not being complied with, the Company may
take such action as it deems necessary to protect its
facilities, equipment, and personnel. The Company will
notify the Customer promptly if there is any need for
further corrective action. Within ten (10) days of receiving
this notice the Customer must take this corrective action
and notify the Company of the action taken. If the
Customer fails to do this, the Company may take whatever
additional action is deemed necessary, including the
suspension of service, to protect its facilities, equipment
and personnel from harm. The Company will, upon request
24 hours in advance, provide the Customer with a statement
of technical parameters that the Customer s equipment must
meet.
Payment Arrangements
Payment for Service
The Customer is responsible for payment of all charges for service and
facilities furnished by the Company to the Customer or authorized users.
Objections must be received within five (5) days after the due date, or the
charges shall be deemed correct. Should the Customer pay the charges
under protest, he may have an additional 30 days to dispute same in
Regal Telephone Company Page 21 of 34
1.1
writing or the charges will become binding upon Customer. If an entity
other than the Company imposes charges on the Company, in addition to
its own internal costs, in connection with a service for which a Company
Non-Recurring Charge is specified, those charges may be passed on to the
customer.
Taxes: The Customer is responsible for the payment of any sales
use, gross receipts, excise, access or other local, state and federal
taxes on the Company s net income assessed in conjunction with
service used. Any taxes imposed by a local jurisdiction (e.
comity and municipal taxes) will only be recovered from those
Customers residing in the affected jurisdictions. It shall be the
responsibility of the Customer to pay any such taxes that
subsequently become applicable retroactively.
Billing and Collection of Charges
Prepayment of Services: Customer shall prepay Customer
monthly service provided by Company for each one-month period.
The Company shall present a bill or reminder call for monthly
charges to the Customer in advance of the month for which service
is being provided.
Service is to be prepaid each month. The first payment is due in
advance when the Customer signs up for service. This is the
activation date. All other payments are due monthly on the
anniversary ofthe Customer s activation date for the ensuing
month's service.
Payments shall be considered delinquent and Customer will be
assessed a late charge if the bill is not paid on or before the due
date. Additionally, a non-recurring 1.5 percent per month delayed
payment charge will accrue upon any past-due amount after the
customer s account becomes delinquent.
The Customer is responsible for payment of all charges for service
furnished to the Customer or authorized users, including but not
limited to all calls originated and/or received at the Customer
number(s). Notwithstanding Section 3.1.1 of this Tariff, which
provides for the blocking of certain toll calls, including direct dial
long distance, collect calls, operator-assisted calls, and third
number billed calls, in the event that the blocking of these calls is
circumvented by the Customer, or in the event of a temporary
failure of the blocking mechanism, the Customer is responsible for
Regal Telephone Company Page 22 of 34
Disputed Bills
payment of any toll charges billed to the Customer s number(s).
The initial billing may include the account set-up charge where
applicable.
F or existing customers whose service is disconnected, the charge
for the fraction of the month in which service was furnished will be
calculated on a pro rata basis. For this purpose, every month is
considered to have 30 days.
Customers may pay for service by credit card, authorized debit
card, an authorized payment, MoneyGram, cashier s check, or
money order.
Company will bill Customer a one-time charge of $30.00 if
Customer s check for payment of service is returned for
insufficient or uncollected funds, closed accounts, or any other
insufficiency or discrepancy necessitating return of the check at the
discretion of the drawee bank or other financial institution.
A charge of $25.00 or the applicable statutory charge for
reconnection of service (if any), whichever is greater, will apply
whenever a Subscriber requests to be reconnected to the services
after the Company has terminated services to Subscriber for any
reason allowed by this Tariff.
Customer is responsible for payment of all charges for service and facilities
furnished by the Company to the Customer or authorized users. The Customer
shall notify the Company of any disputed items on a bill within five (5) days after
the due date, or the charges shall be deemed correct. If the Customer and
Company are unable to resolve the dispute to their mutual satisfaction, the
Customer may file a complaint with the Idaho Public Utilities Commission in
accordance with the Commission s rules of procedure.
The date ofthe dispute shall be the date the Company receives sufficient
documentation to enable it to investigate the dispute. The date of the
resolution is the date the Company completes its investigation and notifies
the Customer of the disposition of the dispute.
Customer Deposits
The Company does not require deposits from Customers.
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Discontinuation of Service
Customer s service may be discontinued without the Company incurring any
liability for any ofthe following reasons:
5.4
Upon expiration of any prepaid service period unless Customer has
paid to Company the next full month's service fee and/or
applicable reconnection fee and any other charges incurred by the
Customer;
Upon violation of or noncompliance with any Board regulations, or
for violation or noncompliance with any of the other material terms
or conditions for furnishing service.
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 if the customer fails to furnish service
equipment, permits, certificates of rights-of-way specified to be
furnished in the utility s rules filed with the Board as conditions for
obtaining service.
Immediately and without notice upon the Customer s insolvency,
assignment for the benefit of creditors, filing for bankruptcy or
reorganization, failing to discharge an involuntary petition within
the time permitted by law, or abandonment of service.
The Company may discontinue the furnishing of any and/or all
service(s) to a Customer, without incurring any liability:
Immediately and without notice if the Company deems that
such action is necessary to prevent or to protect against
fraud or to otherwise protect its personnel, agents, facilities
or services. The Company may discontinue service
pursuant to this sub-section 2.A (1-4) if:
The Customer provides false information to the
Company regarding the Customer s identity,
address, past or current use of common carrier
communications service(s); or
The Customer uses, or attempts to use, service with
the intent to avoid the payment, either in whole or
in part, of the tariffed charges for the service by:
Regal Telephone Company Page 24 of 34
U sing or attempting to use service by
rearranging, tampering with, or making
connections to the Company s service(s) not
authorized by this Tariff; or
U sing tricks, schemes, false or invalid
numbers, false credit devices, electronic
devices; or
Any other fraudulent means or devices; or
Use of service in such a manner as to interfere with the
service of others; or
Use of service for unlawful purposes.
Unless otherwise stated, the Company will provide Customer with
notice in conformance with S.s. 22.4(5) of the Board's Rules and
Regulations prior to any disconnection of service.
The suspension or discontinuance of service( s) by the Company
pursuant to this Section does not relieve the Customer of any
obligation to pay the Company for charges due and owing for
service(s) furnished during the time of, or up to, suspension or
discontinuance.
Upon the Company s discontinuance of service to the Customer
under Section 2.5.4.1 or 2.5.4.2 all applicable charges, including
termination charges, shall become due. This is in addition to all
other remedies that may be available to the Company at law or in
equity or under any other provision of this Tariff.
Allowance for Interruptions of Service
When the use of service or facilities furnished by the Company is interrupted due
to any cause other than the negligence or willful act of the Customer, or the
operation or failure ofthe facilities or equipment provided by the Customer, a pro
rata adjustment ofthe monthly charges subject to interruption will be allowed for
the service and facilities rendered useless and inoperative by reason of the
interruption is whenever said interruption continues for a period of twenty-four
(24) hours or more from the time the interruption is reported to or known to exist
by the Company, except otherwise specified in the Company s tariffs.
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Credit Allowances.
1.2
1.3
Credit for failure of service or equipment will be allowed only
when failure is caused by or occurs in facilities or equipment
owned, provided and billed for, by the Company or ILEC.
Credit allowances for failure of service or equipment starts when
Customer notifies Company of the failure or when Company
becomes aware of the failure and ceases when the operation has
been restored and an attempt has been made to notify Customer.
F or calculating credit allowances, every month is considered to
have thirty (30) days. A credit allowance is applied on a pro rata
basis against the monthly charges specified hereunder and is
dependent upon the length of the interruption. Only those facilities
on the interrupted portion of the circuit will receive a credit. Credit
allowances for service outages that exceed twenty-four (24) hours
in duration will be rounded up to the next whole twenty-four (24)
hours.
Limitation on Allowances
No credit allowance will be made for:
2.4
Interruptions due to the negligence of, or noncompliance with, the
provisions ofthis Tariff by the Customer;
Interruptions due to the negligence of any person using the
Company s or the ILEC's facilities with the Customer s permission;
Interruptions due to the failure or malfunction of non-Company
equipment;
Interruption of service during any period in which the Company or
ILEC are not given full and free access to their facilities and
equipment for the purposes of investigating and correcting
interruptions;
Interruptions of service during a period in which the Customer
continues to use the service on an impaired basis;
Interruption of service during any period when the Customer has
released service to the Company or ILEC for maintenance
Regal Telephone Company Page 26 of 34
purposes or for implementation of a Customer order for a change
in service arrangements;
Interruption of service due to circumstances or causes beyond the
control of the Company.
Allowances for Uncompleted Calls
Company shall give credit to customers for uncompleted toll calls for which the
Company has billed Customer.
Cancellation of Service
Cancellation of Application for Service
1.1 Applications for service are not cancelable unless the
Company otherwise agrees. Where the Company permits
Customer to cancel an application for service prior to the
start of service or prior to any special constructions, no
charges will be imposed except for those specified below.
1.2 Where, prior to cancellation by the Customer, the Company
incurs any expenses in installing the service or in preparing
to install the service that it otherwise would not have
incurred, a charge equal to the costs the Company incurred
less net salvage, shall apply, but in no case shall this charge
exceed the sum of the charge for the minimum period of
service ordered, including installation charges, and all other
charges levied against the Company that would have been
chargeable to the Customer had service begun.
Cancellation of Service by the Customer
If a customer cancels a service order or terminates services before
the completion of the term for any reason whatsoever other than a
service interruption (as defined in 2.6 above), Customer agrees to
pay to Company the following sums which shall become due and
owing as of the effective date of the cancellation or termination
and be payable within the period set forth in 2.2 all costs, fees
and expenses incurred in connection with:
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All non-recurring charges reasonably expended by
Company to establish service to Customer; plus
Any disconnection, early cancellation or termination
charges reasonably incurred and paid to third parties by
Company on behalf of Customer; plus
All recurring charges for the applicable notice period.
Transfer and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties
in connection with the services and facilities provided by the Company without
the written consent of the other party, except that the Company may assign its
rights and duties (a) to any subsidiary, parent company or affiliate ofthe
Company, (b) pursuant to any sale or transfer of substantially all the assets of the
Company, or (c) pursuant to any financing, merger or reorganization of the
Company.
Notices and Communications
10.1 The Customer shall designate an address to which the Company shall mail
or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company s reminder notices or bills for
service shall be mailed.
10.2 The Company shall designate an address to which the Customer shall mail
or deliver all notices and other communication, except that Company may
designate a separate address to which the Customer shall mail payment on that
bill.
10.3 All notices or other communication required to be given pursuant to this
Tariffwill be in writing. Notices and other communications of either party, and
all bills mailed by the Company, shall be presumed to have been delivered.
10.4 The Company or the Customer shall advise the other party of any changes
to the address designated for notices or other communications, by following the
procedures for giving notice set forth herein.
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SECTION 3 - SERVICE AREAS. SERVICE DESCRIPTION AND RATES
Exchange Service Areas & Rate Classes
Local Exchange Services are provided, subject to availability of facilities and
equipment, in areas currently served by the following ILEC: 1) Qwest
Charges for local service provided by the Company may be based, in part, on the
Rate Class associated with the Customers End Office. The Rate Class is
determined by the total access lines and PBX trunks in the local calling area that
can be reached from each End Office.
In the event that an Incumbent LEC or the Idaho Commission reclassifies an
exchange from one Rate Class to another, the reclassification will also apply to
customers who purchase services under this Tariff. Local calling areas and Rate
Class assignments are equivalent to those areas and classes specified in Qwest'
Idaho General Subscriber Service Tariff (GSST).
Local Exchange Telephone Service
The Company s Local Telephone Service provides a Customer with the
ability to connect to the ILEC's switching network which enables the
Customer to:
Place or receive calls to any calling Station in the local calling
area, as defined herein;
Access basic and enhanced 911 Emergency Service (if available
through the ILEC);
Place or receive calls to toll free 8XX numbers, where available.
The Company s service cannot be used to originate calls to other telephone
companies' caller-paid Information services (e.
, "
900" and "976" calls).
1.1 Basic Local Service
Basic Local Service is a service that is available for access by
subscribers on a full basis. Basic Local Service provides the
Customer with a single, voice-grade communications channel and
access to unlimited local calls
, "
911" and/or "E 911" calls if
available in the customer s area, as well as toll free (e.
, "
800" or
888") calls.
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Basic Local Service does not include any long distance service or
other toll services. The following types of calls and services will be
blocked by the Company through the ILEC's switch: interLA T A
intraLA T A, interstate, and international (e.
, "
1 +" or "0+"
collect calls, operator-assisted calls, directory assistance, third
number billed calls, or any service that may be billed to Customer
telephone number (e.
, "
900" and "976" calls).
1.2 Service Area
Where facilities are available, the Company s service area
incorporates the geographic regions and exchanges currently
served by Qwest.
1.3 Local Calling Area
Exchanges and zones included in the local calling area for the
Customer s exchange or zone may be found in the telephone
directory published by the ILEC in the Customer s exchange area.
1.4 Optional Services
1.4.Call Waiting
Allows the Customer to be notified of an incoming
call while the Customer is having a conversation
with another party.
1.4.Non-Published Number
Allows the Customer to keep his local phone
number out of the phone book.
1.4.Caller
Caller ID is an optional feature that allows the
subscriber to see the telephone number of an
incoming call displayed on the customer provided
display unit. The telephone number of an incoming
call will display between the first and second rings.
Caller ID service works only on calls that originate
and terminate in central offices that are equipped
and have SS7 connectivity. Caller ID is available to
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customers by monthly subscription only that
provides unlimited use of this service. The Caller
ID box is not included in the rate for the monthly
service fee.
The telephone numbers that will be displayed on a
Caller ID subscriber s display unit include listed
non-published telephone numbers.
Telephone numbers that will not be displayed to the
Caller ID subscriber are: (I) calls from customers
who use Per-Call Blocking or Per-Line Blocking;
(2) calls from customers located in central offices
not a part of the SS7 Signaling System; and (3) calls
placed through an operator. When a Caller ID
subscriber receives these types of calls, their display
unit will notify them that the calling telephone
number is unavailable.
Basic Local Service Rates and Charges
A Basic Local Service Customer will be charged applicable Non-Recurring
Charges and monthly Recurring Charges as specified below.
Recurring Charges
Monthly Service Charge $49.
Optional Features
Monthly One-time Activation Fee
Caller ID
Call Waiting
Unpublished Number
$5.
$5.
$4.
$12.
$12.
$12.
Charge Per Use Features
The Company makes every effort to block charge per use features.
However, sometimes the customer makes charge per use features
notwithstanding the Company s efforts. If the Customer uses a charge per
use feature the Customer will be charged as follows:
Directory Assistance (DA) $1.00 per use with no cap.
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National Directory Assistance (NDA) $1.00 per use with no cap.
Last Call Return (LCR) $1.00 per use with a cap at eight per
month.
Continuous Redial (CR) $1.00 per use with no cap.
I Called Messaging (I call) $1.00 per use with no cap.
Way Calling (3-Way) $1.00 per use with no cap.
Long Distance is blocked and the Customer agrees not to charge
any long distance calls to the telephone. If a long distance call is
made or if a collect call is accepted the end user will be responsible
for those charges as well as the applicable tax. This includes calls
from Correctional Facilities.
Call trace $2.00 per call.
2.4 Other Fees and Charges
CreditlDebit Card Processing Fee - Customers paying their
monthly phone payment with a credit or debit card may be
charged a processing fee of $2.50 per transaction.
Late Payment Fee - Customers prepay for their telephone service.
The customer will be assigned a due date that is based on their
actual activation date. The customer s payment must arrive on or
before the due date. Late payments will result in a $5.00 late fee.
Move Fee - Customers requesting to move their telephone service
to a new service address will be charged a $15.00 move fee.
Change Fee - Customers wishing to make changes to their
telephone number or listing will be charged a $10.00 change fee.
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Directory Listings
The Company shall provide for a single directory listing, termed the primary
listing, in the telephone directory published by the dominant exchange service
provider in the Customer s exchange area of the Station number which is
designated as the Customer s main billing number.
The Company reserves the right to limit the length of any listing in the directory
by the use of abbreviations when, in its judgment, the clearness of the Listing or
the identification ofthe Customer is not impaired thereby. Where more than one
line is required to properly list the Customer, no additional charge is made.
The Company may refuse a listing which is known not to constitute a legally
authorized or adopted name, a listing which contains obscenities in the name, or
any listing which, in the opinion of the Company, is likely to mislead or deceive
calling persons as to the identity of the listed party, or is a contrived name for
advertising purposes or to secure a preferential position in the directory, or is
more elaborate than is reasonably necessary to identify the listed party. The
Company, upon notification to the Customer, will withdraw any listing that is
found to be in violation of its rules with respect thereto.
In order for listings to appear in an upcoming directory, the Customer must
furnish the listing to the Company in time to meet the directory publishing
schedule.
Directory listings are provided in connection with each Customer s service as
specified herein.
5 Non-Recurring Charges
Non-Recurring Charges associated with Directory Listings are as follows:
N on-recurrin2
Primary Listing (one number)None
Recurring Charges
Monthly Recurring Charges associated with Directory Listings are as follows:
Monthly
Primary Listing (one number)None
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Emergency Services (Enhanced 911)
Allows Customers to reach appropriate emergency services, including police, fire
and medical services. Enhanced 911 has the ability to selectively route an
emergency call to the primary E911 provider so that it reaches the correct
emergency service located closest to the caller. In addition, the Customer
address and telephone information will be provided to the primary E911 provider
for display at the Public Service Answer Point (PSAP).
Promotional Offerings
Referral Credit
The Company will give a $5.00 credit on the monthly service bill of any
customer who refers a new customer that establishes and pays for
telephone service with the Company for a minimum period of two months.
The customer who refers a new customer or the customer who is referred
must ask for the referral prior to telephone service being instituted.
The Company, from time to time, may make promotional offerings of its services
which may include waiving or reducing the applicable charges for the promoted
service. The promotional offerings may be limited as to the duration, the date and
times of the offerings that are made. Promotional offerings are subject to the
approval of the Board.
Idaho Telecommunications Service Assistance Program (ITSAP)
The Company will participate in any jointly sponsored telephone assistance
programs.
Idaho USF Surcharges
A surcharge rate established by the Commission to contribute towards funding for
an Idaho Universal Service Fund will be assessed to each residential line.
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SECTION 4 - CUSTOMER SERVICE
Customer service is available Monday through Friday from 9:00 a.m. to 6:00
, and on Saturday from 11 :00 a.m. to 2:00 p.m. (Mountain Time) by calling
Company s toll-free number at 1-888-822-1403.