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Home My WebLink About20120510Metropolitan Telecommun of Idaho Inc dba MetTel.pdf Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 CHECK SHEET Sheets of this rate sheet are effective as of the date shown at the bottom of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original rate sheet and are currently in effect as of the date on the bottom of this sheet. Page Number Revision 1 Original 2 2nd Revised* 3 Original 4 Original 5 Original 6 Original 7 Original 8 Original 9 1st Revised* 10 Original 11 Original 12 Original 13 1st Revised* 14 1st Revised* 15 1st Revised* 16 1st Revised* 17 Original 18 Original 19 Original 20 Original Page Number Revision 21 Original 22 Original 23 Original 24 Original 25 Original 26 Original 27 Original 28 1st Revised 28.1 Original 28.2 Original 28.3 Original 29 1st Revised 30 Original 31 1st Revised* 32 1st Revised* 33 1st Revised* 34 Original 35 Original 36 Original 37 1st Revised* 38 Original 39 Original 40 Original Page Number Revision 41 Original 42 Original 43 Original 44 Original 45 Original 46 Original 47 Original 48 Original 49 Original 50 Original 51 1st Revised* 52 Original 53 Original 54 Original 55 1st Revised* 56 1st Revised* 57 1st Revised* 58 1st Revised* *- indicates pages included in this filing nd st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 9 Cancels Original Page Number 9 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 1 - DEFINITIONS, (Cont'd.) Mutual Traffic Exchange: A compensation arrangement between certified local exchange service providers where local exchange service providers pay each other "in kind" for terminating local exchange traffic on the other's network. Network Services: The Company's telecommunications Access Services offered on the Company's Network. Non-Recurring Charges: The one-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees, for which the Customer becomes liable at the time the Service Order is executed. Off-Hook: The active condition of Switched Access or a telephone exchange service line. On-Hook: The idle condition of switched access or a telephone exchange service line. Operating Company Number (OCN): A code used in the telephone industry to identify a telephone company. Optional Expanded Area Service Traffic (OEAS): Optional service found in large urban areas financed by separate charge on end users that elect service as defined by a tariffed approved by the Commission. Out of Band Signaling: An exchange access signaling feature which allows customers to exchange call control and signaling information over a communications path which is separate from the message path. Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the Company's Network. Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc.). Presubscription: An arrangement whereby an End User may select and designate to the Company an Interexchange Carrier (IXC) or Carriers it wishes to access, without an Access Code, for completing both intraLATA toll calls and/or interLATA calls. The selected IXC(s) are referred to as the End User's Primary Interexchange Carrier (PIC). st Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 13 Cancels Original Page Number 13 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.1 Undertaking of Metropolitan Telecommunications of Idaho, Inc. (Cont'd.) 2.1.4 Liability of the Company A. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court’s responsibility to adjudicate negligence and consequential damage claims. It is also the court’s responsibility to determine the validity of the exculpatory clause. B. The liability of the Company for damages arising out of or associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, furnishing, preemption, termination, maintenance, repair or restoration of any service or facilities of its Services, including but not limited to mistakes, omissions, interruptions, delays, errors, other defects, or representations by the Company, or use of these services or damages arising out of the failure to furnish the service whether caused by act or omission, shall be limited to the extension of allowances for interruption not to exceed an amount equal to the proportionate charge for the service for the period during which the service was affected. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company. The Company will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any Company service, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 14 Cancels Original Page Number 14 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.1 Undertaking of Metropolitan Telecommunications of Idaho, Inc. (Cont'd.) 2.1.4 Liability of the Company (cont'd.) C. The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction action, or request of The United States government or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any military authority; preemption of existing service in compliance with national emergencies; insurrections; riots; wars; criminal actions; unavailability of rights-of-way or materials; or strikes, lockouts work stoppages, or other labor difficulties. D. The Company shall not be liable for (a) any act or omission of any entity furnishing the Company or the Company's Customers facilities or equipment used for the interconnection with Access Services; or (b) for the acts or omissions of other Carriers. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 15 Cancels Original Page Number 15 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.1 Undertaking of Metropolitan Telecommunications of Idaho, Inc. (Cont'd.) 2.1.4 Liability of the Company (cont'd.) E. The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer- provided equipment or facilities or due to the unauthorized use of services from Customer premises. F. The Customer shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits, or other actions, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, condition, location, or use of any installation or equipment provided by the Company. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section 2.1.4.F as a condition precedent to such installations. G. The Company shall not be liable for any defacement of or damage to Customers Premises resulting from the furnishing of services or equipment on such Premises or the installation or removal thereof, unless such defacement or damage is caused by the gross negligence or willful misconduct of the Company's agents or employees. No agents or employees of other Carriers shall be deemed to be agents or employees' of the Company. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 18 Cancels Original Page Number 18 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.1 Undertaking of Metropolitan Telecommunications of Idaho, Inc. (Cont'd.) 2.1.4 Liability of the Company (cont'd.) H. The Company shall be indemnified, defended and held harmless by the End- User against any claim, loss or damage arising from End-User's or others use of services furnished under this tariff, including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the material, data, information, or other content transmitted via the Company's service; patent infringement claims arising from combining or using the service offered by the Company with facilities or equipment furnished by the End-User or others; or all other claims arising out of any act or omission of the End-User or others, in connection with any service provided by the Company pursuant to this tariff. I. The Company shall be indemnified, defended and held harmless by the Carrier against any claim, loss or damage arising from the Carrier's use of services offered under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the Carrier's own communications; patent infringement claims arising from the Carrier's combining or using the service offered by the Company with facilities or equipment furnished by the Carrier or another Carrier; or all other claims arising out of any act or omission of the Carrier in connection with any service provided pursuant to this tariff. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.4 Customer Equipment and Channels (Cont'd.) 2.4.4 Inspections A. Upon reasonable notification of the Customer, and at reasonable times, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2.B for the installation, operation, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. No credit will be allowed for any interruptions occurring during such inspections. B. 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 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. 2.5 Payment Arrangements 2.5.1 Payment for Service The Customer is responsible for payment of all charges for service furnished to the Customer, or the Customer’s agents, End Users or customers. All charges due by the Customer are payable to the Company. Any objections to billed charges must be reported promptly to the Company. A. Taxes The Customer is responsible for the payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated) excluding taxes on the Company's net income imposed on or based upon the provision, sale or use of Access Services. All such taxes shall be separately designated on the Company's invoices. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 32 Cancels Original Page Number 32 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.5 Payment Arrangements (Cont'd.) 2.5.2 Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other users for services and facilities furnished to the Customer by the Company. (B) The Company shall present invoices for recurring charges monthly to the Customer, in advance of the month in which service is provided. When billing is based upon Customer usage, usage charges will be billed monthly for the preceding billing period. (C) When service does not begin on the first day of the billing period, or end of the last day of the billing period, 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 thirty (30) days. (D) Billing of the Customer by the Company will begin on the Service Commencement Date, which is the day on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 33 Cancels Original Page Number 33 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.5 Payment Arrangements (Cont'd.) 2.5.2 Billing and Collection of Charges (Cont'd) (E) Customer bills for telephone service are due within 25 days of the invoice date. A customer is in default unless payment is made on or before the due date. If payment is not received by the customer’s next billing date, a late payment charge of the greater of $5.00 or 1.5% per month will be applied to all amounts previously billed under this Tariff, excluding current charges but including arrears and unpaid late payment charges. In the event that the Company incurs fees or expenses, including attorney's fees, collecting, or attempting to collect, any charges owed to the Company, and awarded by a Court of Law having competent jurisdiction, the Customer shall reimburse the Company for all such fees and expenses reasonably incurred. Such collection fees are separate and distinct from late payment charges. (F) The Customer should notify the Company of any complaints and/or billing disputes on an invoice at: Metropolitan Telecommunications of Idaho, Inc. 55 Water Street, 31st Floor New York, New York 10041 (877) 638-8351 If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may file a complaint with the Commission in accordance with the Commission's rules and procedure. The Commission may be contacted at: Idaho Public Utilities Commission P O Box 83720 Boise, Idaho 83720-0074 (800) 432-0369 st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 2 - RULES AND REGULATIONS, (Cont'd.) 2.5 Payment Arrangements (Cont'd.) 2.5.3 Refusal and Discontinuance of Service (cont'd.) F. (cont'd) 3. Upon ten (10) days' written notice to the Customer, after failure of the Customer to comply with a request made by the Company for security for the payment of service in accordance with Section 2.5.3.A, above; or 4. Seven (7) days after sending the Customer written notice of noncompliance with any provision of this rate sheet if the noncompliance is not corrected within that seven (7) day period the company will make an attempt to contact the customer personally prior to disconnecting service for non-payment. The 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 up to the time of discontinuance. 2.5.4 Cancellation of Application for Service Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begun. The special charges described will be calculated and applied on a case-by-case basis. st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 5 - SWITCHED ACCESS RATES, (Cont'd.) 5.4 Rates and Charges 5.4.1 Blended Carrier Switched Access Territory Qwest Frontier OCN 5103, 5162 4321 Originating $0.0443980 $0.0443980 Terminating $0.0235440 $0.0231950 st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 8 - MISCELLANEOUS SERVICES st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 8 - MISCELLANEOUS SERVICES, (CONT'D.) st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Metropolitan Telecommunications of Idaho, Inc. Idaho PUC Tariff No. 3 d/b/a MetTel 1st Revised Page Number 57 Cancels Original Page Number 57 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 8 - MISCELLANEOUS SERVICES, (CONT'D.) st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho Issued: May 4, 2012 Effective: July 1, 2012 Issued by: Andoni Economou, Vice President Metropolitan Telecommunications of Idaho, Inc. 55 Water Street – Floor 31 New York, New York 10041 SECTION 8 - MISCELLANEOUS SERVICES, (CONT'D.) st Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2012 Boise, Idaho