HomeMy WebLinkAbout20120619 360networks USA Inc.pdf
Andrew O. Isar
Via Electronic Delivery June 19, 2012
Ms. Jean Jewel
Commission Secretary
Idaho Public Utilities Commission 472 West Washington Street
Boise, Idaho 83702
RE: 360networks (USA) inc., Advice Letter No. 2
Dear Ms. Jewel:
Attached for submission to the Idaho Public Utilities Commission (“Commission”) is an
electronic copy of 360networks (USA) inc.’s (“360”) initial switched access tariff, Idaho
P.U.C. Tariff No. 1. This tariff sets forth the rates, terms, and conditions applicable to the Company’s switched exchange access services in Idaho, in lieu of an interconnection
agreement between 360 and interconnecting companies. 360 adopts as its intrastate
terminating switched access rates, the corresponding terminating interstate switched
exchange access rates as set forth in Company's F.C.C. Tariff No. 1, incorporated by
reference, for each incumbent local exchange carrier territory where Company provides service. A July 3, 2012 effective date is requested, more than ten days following the
issue date.
With this submission, 360’s rates are already in compliance with the Federal
Communications Commission’s (“FCC”) “ICC/USF Transformational Order,”1 as amended, obviating the need for a second submission to comply with the July 3, 2012
switched access reductions required pursuant to section 51.911 of the Federal
Communications Commission’s rules.2
1 See, In the Matter of Connect America Fund A National Broadband Plan for Our Future Establishing Just and Reasonable Rates for Local Exchange Carriers High-Cost Universal Service Support Developing an Unified Intercarrier Compensation Regime Federal-State Joint Board on Universal Service Lifeline and Link-Up Universal Service Reform – Mobility Fund, Report and Order and Further Notice of Proposed Rulemaking, Docket Nos. WC Docket No. 10-90, et al., FCC 11-161, (Rel. November 18, 2011)[“ICC/USF Transformational Order”]. 2 47 C.F.R. §51.911
RECEIVED
2012 June 19 PM 2:43
IDAHO PUBLIC
UTILITIES COMMISSION
Ms. Jean Jewel
June 19, 2012
Page 2
Thank you for your attention to this matter. Questions may be directed to the
undersigned.
Sincerely,
MILLER ISAR, INC.
Andrew O. Isar
Regulatory Consultants to
360networks (USA) inc.
Attachment
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 1
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SWITCHED EXCHANGE ACCESS TELECOMMUNICATION SERVICES
PRICING SCHEDULE
Within the State of
IDAHO Provided By
360NETWORKS (USA) INC.
370 Interlocken Boulevard, Suite 600 Broomfield, CO 80021
800.609.1025
This Tariff contains the descriptions, regulations and rates applicable to the furnishing of
switched exchange access telecommunications services provided by 360networks (USA) inc. (“Company”) within the State of Idaho. This Tariff is on file with the Idaho Public Utilities Commission (“Commission”). Copies may be inspected during normal business hours at the
Company’s principal place of business: 370 Interlocken Blvd., Suite 600, Broomfield, CO
80021.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 2
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
CHECK SHEET
The sheets of this Tariff are effective as of the date shown. The original and revised sheets
named below contain all changes from the original Tariff and are in effect on the date shown. An asterisk (*) reflects the revision number of Sheets included in a current filing with the
Commission.
Sheet
1 2
3
4
5
6 7
8
9
10
11 12
13
14
15
16 17
18
19
20
21 22
23
24
25
26 27
28
29
Revision
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Sheet
30 31
32
33
34
35 36
37
38
39
40 41
42
43
44
45 46
47
48
49
50 51
52
53
54
55 56
Revision
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Original
Original
Original
Original Original
Sheet
Revision
Sheet Revision
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 3
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TABLE OF CONTENTS
Sheet
CHECK SHEET............................................................................................................................ 2
TABLE OF CONTENTS .............................................................................................................. 3
APPLICATION OF TARIFF ..........................................................................................................4
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS TARIFF ........................................................................ 4
DEFINITIONS .............................................................................................................................. 5
TERMS AND CONDITIONS
2.1 Undertaking of the Company ...................................................................................8
2.2 Prohibited Uses ......................................................................................................16
2.3 Obligations of the Customer ..................................................................................17
2.4 Customer Equipment and Channels .......................................................................24 2.5 Customer Deposits and Advance Payments ......................................................... 25
2.6 Payment Arrangements ......................................................................................... 27
2.7 Allowances for Interruptions in Service ............................................................... 35
2.8 Cancellation of Service/Termination Liability ..................................................... 39
2.9 Customer Liability for Unauthorized Use of the Network ................................... 39 2.10 Application of Rates ..............................................................................................42
SERVICE DESCRIPTIONS
3.1 Switched Access Services .....................................................................................44
RATES
4.1 Access Rates ..........................................................................................................49
4.2. Toll Free Database Access Service ........................................................................51
4.3 Miscellaneous Services ..........................................................................................52
4.4. Individual Case Basis Arrangements .....................................................................55 4.5. Voice over Internet Protocol – Public Switched Telephone Network (“VoIP -
PSTN”) Traffic.......................................................................................................53
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 4
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
APPLICATION
This Service Guide applies to intrastate switched exchange access service supplied to Customers for origination and termination of traffic to and from Central Office codes directly assigned to
360 networks (USA) inc. in the State of Idaho. his Pricing Schedule does not apply to carriers
with whom the Company has a written agreement for different intercarrier compensation.
BY UTILIZING THE EXCHANGE ACCESS SERVICES SET FORTH IN THIS PRICING SCHEDULE, CARRIERS ARE DEEMED TO HAVE CONSTRUCTIVELY ORDERED SERVICE AS
CUSTOMERS, AND AGREE TO THE SERVICE RATES, CHARGES, TERMS, AND CONDITIONS
AS SET FORTH HEREIN.
Company provides exchange access Services contained in this Tariff under a Multiple Bill-
Multiple Tariff Method, as set forth in the Alliance for Telecommunications Industry Solutions
Inc. Ordering and Billing Forum Multiple Exchange Access Billing document, ATIS/OBF-MECAB-08, Issue 8 dated January 2003. This method allows each provider to bill for the
services it provides within the Multiple Bill option when there are more than two companies
providing access Service. Each provider’s tariff or contract rates apply.
This Tariff applies only to the extent that facilities are available and services provided hereunder are used by a Customer for the purpose of originating or terminating intrastate communications
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 changed regulation or rate structure. D To signify discontinued material. I To signify a increased rate.
M To signify a move in the location of text.
N To signify a new rate or regulation.
R To signify a reduced rate. S To signify reissued material. T To signify a change in text but no change in rate or regulation.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 5
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
DEFINITIONS
Certain terms used generally throughout this Tariff are described below.
Access Services
The Company's intrastate switched exchange access services offered pursuant to this
Tariff .
Carrier or Common Carrier See Interexchange Carrier.
Commission
The Idaho Public Utilities Commission
Company or 360networks
360networks (USA) inc., the issuer of this Tariff .
Customer
Any individual, person, firm, partnership, association, joint-stock company, trust, governmental entity, corporation or other entity that directly or indirectly orders access
service. A customer is deemed responsible for the payment of charges and compliance
with the Company's regulations. An Interexchange Carrier is deemed a Customer of the
Company if any of the Interexchange Carrier directly or indirectly sends traffic to or
receives traffic from a central office code (NPA-NXX) assigned to the Company. The use of the Company's access service constitutes an order for such service and requires compliance with the obligates, rates, and charges as set forth in this Tariff , regardless of
whether the Customer has affirmatively requested service or has an executed service
order.
End Office
With respect to each NPA-NXX code prefix assigned to the Company, the location of the
Company's "End Office" for purposes of this Tariff shall be the point of interconnection
associated with that NPA-NXX code in the Local Exchange Routing Guide, issued by
Telcordia.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 6
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
DEFINITIONS (cont’d)
End User or User
The term "End User" denotes any customer of an interstate or foreign
telecommunications service that is not a carrier, except that a carrier other than a
telephone company shall be deemed to be an "End User" when such carrier uses a
telecommunications service for administrative purposes and a person or entity that offers
telecommunications services exclusively as a reseller shall be deemed to be an "End User" if all resale transmission offered by such reseller originate on the premises of such
reseller.
Incidental Service
Denotes service provided to a Customer under this Tariff that is not provided through a written agreement with Customer and will be held to have been constructively ordered.
Individual Case Basis (ICB):
A service arrangement in which the regulations rates and charges are developed based on
the specific circumstances of the case, unless otherwise prohibited by law or regulation.
Interexchange Carrier (IXC) or Interexchange Common Carrier
The terms "Interexchange Carrier" (IXC) or "Interexchange Common Carrier" denotes
any individual, partnership, association, joint-stock company, trust, governmental entity
or corporation engaged for hire in intrastate, interstate or foreign communication by wire or radio, between two or more exchanges.
Intrastate Switched Access Service
Provides for a switched two-point communications path between a Customer's premises
or a collocated interconnection location and an End User's premises for originating and terminating calls within the state.
LATA
A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the
NATIONAL EXCHANGE CARRIER ASSOCIATION, Inc. Tariff F.C.C. No. 4
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 7
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
DEFINITIONS (cont’d)
Network
Refers to the Company's facilities, equipment, and services provided under this Tariff .
Recurring Charge
The monthly charges to the Customer for services, facilities and equipment, which
continue for the agreed upon duration of the service.
Serving Wire Center The term "Serving Wire Center" denotes the wire center from which the Customer
designated premises would normally obtain dial tone.
Shared
A facility or equipment system or subsystem that can be used simultaneously by several Customers..
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 8
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company
2.1.1 Scope
The Company undertakes to furnish Intrastate Switched Access Services in
accordance with the terms and conditions set forth in this Pricing Schedule.
2.1.2 Shortage of Facilities
All Service is subject to the availability of suitable facilities. The Company
reserves the right to limit the length of communications or to discontinue
furnishing services when necessary because of the lack of transmission medium capacity or because of any causes beyond its control.
2.1.3 Terms and Conditions
A) Service is provided on the basis of a minimum period of at least one month, 24-hours per day, unless otherwise deemed Incidental Service. For
the purpose of computing charges in this Pricing Schedule, a month is
considered to have 30 days.
B) Customers may be required to enter into written service orders, which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and
conditions in this Pricing Schedule. Customers will also be required to
execute any other documents as may be reasonably requested by the
Company. C) In any action between the parties to enforce any provision of this Pricing
Schedule, the prevailing party shall be able to recover its legal fees and
court costs from the non-prevailing party in addition to other relief a court
may award.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 9
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.3 Terms and Conditions Continued
D) This Tariff shall be interpreted and governed by the laws of Idaho.
2.1.4 Limitations on Liability
A) Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: ( 1 ) the furnishing of its services, including
but not limited to mistakes, omissions, interruptions, delays, or errors, or
other defects, representatives, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to
the extension of allowances to the Customer for interruptions in service as
set forth in Section 2.7.
B) Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental,
reliance, consequential, exemplary or punitive damages, including, but not
limited to, loss of revenue or profits, for any reason whatsoever, including,
but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service.
C) The liability of the Company for errors in billing that result in
overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount
erroneously billed.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 10
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.4 Limitations on Liability Continued
D) The Company shall not be liable for any claims for loss or damages
involving:
1) Any act or omission of: (a) the Customer, (b) any other entity
furnishing service, equipment or facilities for use in conjunction
with services or facilities provided by the Company; or (c)
common carriers or warehousemen;
2) Any delay or failure of performance or equipment due to causes
beyond the Company's control, including but not limited to, acts of
God, fires, floods, earthquakes, hurricanes, or other catastrophes;
national emergencies, insurrections, riots, wars or other civil
commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company;
unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order,
regulation or other action of any governing authority or agency
thereof;
3) Any unlawful or unauthorized use of the Company's facilities and
services;
4) Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the
transmission of communications by means of Company-provided
facilities or services; or by means of the combination of Company-
provided facilities or services with Customer-provided facilities or
services;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 11
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.4 Limitations on Liability Continued
D) Continued
5) Breach in the privacy or security of communications transmitted over the Company's facilities;
6) Changes in any of the facilities, operations or procedures of the
Company that render any equipment, facilities or services provided
by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use
or performance, except where reasonable notice is required by the
Company and is not provided to the Customer, in which event the
Company's liability is limited as set forth in Section 2.1.4,
preceding;
7) Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises or the
installation or removal thereof;
8) Injury to property or injury or death to persons, including claims
for payments made under Workers' Compensation law or under
any plan for employee disability or death benefits, arising out of,
or caused by, any act or omission of the Customer, or the
construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be
connected to the Company's facilities;
9) Any intentional, wrongful act of a Company employee when such
act is not within the scope of the employee's responsibilities for the Company and/or is not authorized by the Company;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 12
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.4 Limitations on Liability Continued
D) Continued
10) Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Pricing
Schedule;
11) Any non-completion of calls due to network busy conditions;
12) Any calls not actually attempted to be completed during any period
that service is unavailable.
E) The Company shall be indemnified, defended and held harmless by the
Customer or End User from and against any and all claims, loss, demands, suits, expense, or other action or any liability whatsoever, including
attorney fees, whether suffered, made, instituted, or asserted by the
Customer or by any other party, for any personal injury to or death of any
person or persons, and for any loss, damage or destruction of any property,
including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or
indirectly by the installation, operation, failure to operate, maintenance,
presence, condition, location, use or removal of any Company or
Customer equipment or facilities or service provided by the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 13
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.4 Limitations on Liability Continued
F) The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere. The
Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or
other action, or any liability whatsoever, including attorney fees, whether
suffered, made, instituted or asserted by the Customer or by any other
party, for any personal injury to or death of any person or persons, and for
any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party,
caused or claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance, presence,
condition, location, use or removal of any equipment or facilities or the
service.
G) The Company assumes no responsibility for the availability or
performance of any cable or satellite systems or related facilities under the
control of other entities, or for other facilities provided by other entities
used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such
facilities are provided subject to such degree of protection or
nonpreemptibility as may be provided by the other entities.
H) Except as otherwise stated in this Pricing Schedule, any claim of whatever nature against the Company shall be deemed conclusively to have been
waived unless presented in writing to the Company within thirty (30) days
after the date of the occurrence that gave rise to the claim.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 14
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.4 Limitations on Liability Continued
I) The Company will operate as specified in these and other applicable
Documents. Due to the interdependence among telecommunications
companies, and the interrelationship with non-Company processes, equipment, and systems, the Company is not responsible for failures
caused by circumstances beyond its control including, but not limited to,
failures caused by:
1. a local exchange carrier;
2. customer premise equipment; or
3. an End User or Customer.
In addition, the Company is not liable for any incompatibility between the
Company’s Services and any non-Company services used by a Customer
or an End User.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 15
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.1 Undertaking of the Company Continued
2.1.5 Provision of Equipment and Facilities
A) Except as otherwise indicated, Customer-provided station equipment at
the Customer's premises for use in conjunction with this service shall be
so constructed, maintained and operated as to work satisfactorily with the facilities of the Company.
B) The Company shall not be responsible for the installation, operation or
maintenance of any Customer-provided communications equipment.
Where such equipment is connected to service furnished pursuant to this Pricing Schedule, the responsibility of the Company shall be limited to the
furnishing of services under this Tariff and to the maintenance and
operation of such services in the proper manner. Subject to this
responsibility, the Company shall not be responsible for:
1) the through transmission of signals generated by Customer-
provided equipment or for the quality of, or defects in, such
transmission; or
2) the reception of signals by Customer-provided equipment; or
3) network control signaling where such signaling is performed by
Customer-provided network control signaling equipment.
2.1.6 Ownership of Facilities
Title to all facilities provided in accordance with this Tariff remains in the
Company, its agents, contractors or suppliers.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 16
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.2 Prohibited Uses
A) The services the Company offers shall not be used for any unlawful purpose or for
any use for which the Customer has not obtained all required governmental
approvals, authorization, licenses, consents and permits.
B) The Company may require applicants for service who intend to use the Company's offering for resale and/or for shared use to file a letter with the
Company confirming that their use of the Company's offerings complies with
relevant laws and regulations, policies, orders, and decisions.
C) The Company may require a Customer to immediately shut down its transmission if such transmission is causing interference to others.
D) 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 access 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.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 17
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer
2.3.1 Customer Premises Provisions
A) The Customer shall provide the personnel, power and space required to
operate all facilities and associated equipment installed on the premises of
the Customer.
B) The Customer shall be responsible for providing Company personnel
access to premises of the Customer at any reasonable hour for the purpose
of testing the facilities or equipment of the Company.
2.3.2 Liability of the Customer
A) The Customer will be liable for damages to the facilities of the Company
and for all incidental and consequential damages caused by the negligent
or intentional acts or omissions of the Customer, its officers, employees, agents, invitees, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct.
B) To the extent caused by any negligent or intentional act of the Customer as
described in (A), preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees, for (1)
any loss, destruction or damage to property of any third party, (2) the
death of or injury to persons, including, but not limited to, employees or
invitees of either party, and (3) any liability incurred by the Company to any third party pursuant to this Tariff or any Tariff of the Company, or otherwise, for any interruption of, interference to, or other defect in any
service provided by the Company to such third party.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 18
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.2 Liability of the Customer Continued
C) The Customer shall not assert any claim against any other customer or
user of the Company's services for damages resulting in whole or in part
from or arising in connection with the furnishing of service under this Tariff including but not limited to mistakes, omissions, interruptions,
delays, errors or other defects or misrepresentations, whether or not such
other customer or user contributed in any way to the occurrence of the
damages, unless such damages were caused solely by the negligent or
intentional act or omission of the other customer or user and not by any act or omission of the Company. Nothing in this Tariff is intended either to
limit or to expand Customer's right to assert any claims against third
parties for damages of any nature other than those described in the
preceding sentence.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 19
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.3 Jurisdictional Report Requirements
A) If Feature Group D Switched Access Service(s) is available and provided,
the Company, where jurisdiction can be determined from the call detail,
will determine the projected interstate percentage as follows. For originating access minutes, the projected interstate percentage will be
developed on a monthly basis by End Office trunk group when the Feature
Group D Switched Access Service access minutes are measured by
dividing the measured interstate originating access minutes (the access
minutes where the calling number is in one state and the called number is in another state) by the total originating access minutes when the call
detail is adequate to determine the appropriate jurisdiction. For
terminating access minutes, the Customer has the option to provide the
Company with a projected PIU factor. Customers who provide a PIU
factor shall supply the Company with an interstate percentage of the Feature Group D terminating access minutes for each account to which the
Customer may terminate traffic.
Should the Customer not supply a terminating PIU Factor, the data used
by the Company to develop the projected interstate percentage for originating access minutes will be used to develop projected interstate
percentage for such terminating access minutes. When a Customer orders
Feature Group D Switched Access Service, the Customer shall supply a
projected interstate percentage of use for each End Office trunk group
involved to be used in the event that originating call details are insufficient to determine the jurisdiction for the call. This percentage shall be used by
the Company as the projected interstate percentage for such call detail.
For purposes of developing the projected interstate percentage, the
Customer shall utilize the same considerations as those set forth in Section
2.3.3(B) following.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 20
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.3 Jurisdictional Report Requirements Continued
A) Continued
The Company will designate the number obtained by subtracting the projected interstate percentage for originating and terminating access
minutes from 100 (100 - projected interstate percentage = intrastate
percentage) as the projected interstate percentage of use.
If the Customer has no originating traffic within the End Office for which sufficient call detail exists to develop a PIU factor, and the Customer has
not supplied a PIU factor on either the quarterly update report or the
Access Service Request, the Company will designate a PIU factor of 50%
for Feature Group D terminating access minutes. For originating Toll Free
access minutes, where the call detail is insufficient to determine the jurisdiction of the call, the Customer shall provide the Company with a
projected PIU factor. If such a PIU has not been provided for Toll Free
access minutes, the Company will designate the default PIU factor of
50%. This factor will be applied to the next billing cycle and continue
until the Customer provides a PIU factor. When the Customer does provide the PIU factor, the Company will update the customer's PIU
factors within fifteen (15) business days.
B) For purposes of developing the projected interstate percentage, the
Customer shall consider every call that enters the Customer's network at a point within the same state as the state where the called station is located
to be intrastate and every call that enters the Customer's network at a point
in a state different from the state in which the called station is located to
be interstate.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 21
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.3 Jurisdictional Report Requirements Continued
C) These whole number percentages will be used by the Company to
apportion the use, rates, and/or nonrecurring charges between interstate
and intrastate until a revised report is received.
D) The projected interstate percentage of use will be used to determine the
charges as follows:
The number of access minutes for a trunk group will be multiplied by the projected interstate percentage of use to determine the interstate access
minutes (i.e., number of access minutes x projected interstate percentage
of use = interstate access minutes). The number of interstate access
minutes so determined will be subtracted from the total number of access
minutes (i.e., number of access minutes - interstate access minutes = intrastate access minutes). The intrastate access minutes for the group will
be billed as set forth in Section 5 following.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 22
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.3 Jurisdictional Report Requirements Continued
E) Effective on the first of January, April, July and October of each year, the
Customer may update the jurisdictional reports that require a projected
interstate percentage. The Customer shall forward to the Company, to be received no later than 20 calendar days after the first of each such month,
a revised report showing the interstate percentage of use for the past three
months ending the last day of December, March, June and September,
respectively, for each service arranged for interstate and intrastate use.
Except as set forth in Section 2.3.3(A) preceding where jurisdiction can be determined from the recorded message detail, the revised report will serve
as the basis for the next three months billing and will be effective on the
bill date in the following month (i.e., February, May, August, and
November) for that service. No prorating or back billing will be done
based on the report. If the Customer does not supply the report, the Company will assume the percentage to be the same as that provided in
the last quarterly report. For those cases in which a quarterly report has
never been received from the Customer, the Company will assume the
percentage to be the same as that provided in the order for service as set
forth in Section 2.3.3(A) preceding.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 23
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.3 Obligations of the Customer Continued
2.3.3 Jurisdictional Report Requirements Continued
F) The Customer reported projected interstate percentage of use as set forth
in Section 2.3.3(A) preceding will be used for the apportionment of any
monthly rates or nonrecurring charges associated with Feature Groups B or D Switched Access Service until the end of the quarter during which
the service was activated. Thereafter, a projected interstate percentage for
such apportionment will be developed quarterly by the Company based on
the data used to develop the projected interstate percentage of use as set
forth in Section 2.3.3(A) preceding. Where call detail is insufficient to make such a determination, the Customer will be requested to project a
interstate percentage of use to be used by the Company for such
apportionment.
G) The Customer shall keep sufficient detail from which the percentage of interstate use can be ascertained and upon request of the Company make
the records available for inspection. Such a request will be initiated by the
Company no more than once per year. The Customer shall supply the data
within 30 calendar days of the Company request.
H) The terms and conditions described in Section 2.3.3 shall apply only in the
event Company provides Feature Group D Switched Access Services.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 24
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.4 Customer Equipment and Channels
2.4.1 Interconnection of Facilities
A) In order to protect the Company's facilities and personnel and the services
furnished to other Customers by the Company from potentially harmful
effects, the signals applied to the Company's service shall be such as not to cause damage to the facilities of the Company. Any special interface
equipment necessary to achieve the compatibility between facilities of the
Company and the channels or facilities of others shall be provided at the
Customer's expense.
2.4.2 Inspections
A) The Company may, upon notification to the Customer, at a reasonable
time, make such tests and inspections as may be necessary to determine
that the requirements regarding the equipment and interconnections are being complied with in respect to the installation, operation and maintenance of Customer-provided equipment and in the wiring of the
connection of Customer channels to Company-owned facilities.
B) If the protective requirements in connections with Customer provided equipment are not being complied with, the Company may take such action as necessary to protect its facilities and personnel and will promptly
notify the Customer by registered mail in writing of the need for protective
action. In the event that the Customer fails to advise the Company within
10 days after such notice is received or within the time specified in the notice that corrective action has been taken, the Company may take whatever additional action is deemed necessary, including canceling
service, to protect its facilities and personnel from harm. The Company
will upon request 24 hours in advance provide Customer with a statement
of technical parameters that the Customer's equipment must meet.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 25
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
To safeguard its interests, the Company may require a Customer to make an
advance payment before services and facilities are furnished. The advance
payment will not exceed an amount up to two months of estimated monthly usage charges. In addition, where special construction is involved, the advance payment
may also include an amount equal to the estimated non-recurring charges for the
special construction and recurring charges (if any) for a period to be set between
the Company and the Customer. The advance payment will be credited to the
Customer's initial bill. An advance payment may be required in addition to a deposit.
2.5.2 Deposits
A) To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit
does not relieve the Customer of the responsibility for the prompt payment
of bills on presentation. The deposit will not exceed an amount equal to:
1) three months' charges for a service or facility which has a minimum payment period of one month: or
2) the charges that would apply for the minimum payment period for
a service or facility which has a minimum payment period of more
than one month; except that the deposit may include an additional amount in the event that a termination charge is applicable.
B) A deposit may be required in addition to an advance payment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 26
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.5 Customer Deposits and Advance Payments Continued
2.5.2 Deposits Continued
C) When a service or facility is discontinued, the amount of a deposit, if any,
will be applied to the Customer's account and any credit balance
remaining will be refunded. Before the service or facility is discontinued, the Company may, at its option, return the deposit or credit it to the
Customer's account. If the amount of the deposit is insufficient to cover
the balance due to the Customer's account, the Company retains the right
to collect any amounts owing after the deposit has been applied plus any
costs related to the collection of any remaining balance.
D) Deposits held will accrue interest at a rate specified by the Company
without deductions for any taxes on such deposits. Interest will not accrue
on any deposit after the date on which reasonable effort has been made to
return it to the Customer.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 27
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements
2.6.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and
services furnished by the Company to the Customer. The Customer is responsible
for 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 Network Services.
2.6.2 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.
A) Non-recurring charges are due and payable within 30 days after the date of the invoice.
B) The Company shall present invoices for Recurring Charges monthly to the
Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within 30 days after the date of the invoice. 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 month, or end on the last day of the month, 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.
D) Billing of the Customer by the Company will begin on the Service Commencement Date. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 28
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.2 Billing and Collection of Charges Continued
E) If any portion of the payment is received by the Company after the date
due, or if any portion of the payment is received by the Company in funds
which are not immediately available upon presentment, then a late payment penalty shall be due to the Company. The late payment penalty
shall be the portion of the payment not received by the date due,
multiplied by a late factor. The late factor shall be 1.5 percent per month.
F) The Customer will be assessed a charge of twenty dollars ($20.00) for each check submitted by the Customer to the Company which a financial
institution refuses to honor.
G) If service is disconnected by the Company in accordance with Section
2.6.4 following and later reinstalled, service will be subject to all applicable installation charges. If service is suspended by the Company
and later restored, service will be subject to all applicable restoration
charges.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 29
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.3 Billing Disputes
A) General
All bills are presumed accurate, and shall be binding on the Customer unless notice of the disputed charge(s) is received by the Company within
30 days (commencing 5 days after such bills have been mailed or
otherwise rendered per the Company's normal course of business). For the
purposes of this section, "notice'' is defined as written notice to the
Company, containing sufficient documentation to investigate the dispute, including the account number under which the bill has been rendered, the
date of the bill, and the specific items on the bill being disputed.
B) Late Payment Charge
1) The undisputed portions of the bill must be paid by the payment
due date to avoid assessment of a late payment charge on the
undisputed amount under Section 2.6.2(E), preceding.
2) In the event that a billing dispute is resolved by the Company in favor of the Customer, any disputed amount withheld pending resolution of the billing dispute shall not be subject to the late
payment charge.
3) In the event that a billing dispute is resolved in favor of the Company, the Customer shall pay the late payment charge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 30
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.3 Billing Disputes Continued
C) Adjustments or Refunds to the Customer
1) In the event that the Company resolves the billing dispute in favor of a Customer who has withheld payment of the disputed amount
pending resolution of the disputed bill, the Company will credit the
Customer's account for the disputed amount in the billing period
following the resolution of the dispute.
2) In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill,
the Company will credit the Customer's account for any
overpayment by the Customer in the billing period following the
resolution of the dispute.
3) In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill
but canceled the service, the Company will issue a refund or credit
to the Customer’s account of any overpayment by the Customer.
4) All adjustments or refunds provided by the Company to the
Customer at the Customer's request, or provided by the Company
to the Customer by way of compromise of a billing dispute, and
which are accepted by the Customer, are final and constitute full satisfaction, settlement, and/or compromise of all of the
Customer's claims for the billing period for which the adjustment
or refund was issued.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 31
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.3 Billing Disputes Continued
D) Unresolved Billing Disputes
In the case of a billing dispute between the Customer and the Company for service furnished to the Customer, which cannot be settled to the mutual
satisfaction of the Customer and the Company, the Customer has up to 90
days (commencing 5 days after such bills have been mailed or otherwise
rendered per the Company's normal course of business) to take the
following course of action: The Customer may request and the Company will provide an in-depth review of the disputed amount.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 32
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.4 Discontinuance of Service for Cause
A) Upon nonpayment of any amounts owing to the Company, the Company may, by giving 5 days prior written notice to the Customer, discontinue or suspend
Service without incurring any liability.
B) Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 10 days prior notice in writing to the
Customer, discontinue or suspend service without incurring any liability if
such violation continues during that period.
C) Upon condemnation of any material portion of the facilities used by the
Company to provide service to a Customer or if a casualty renders all or any
material portion of such facilities inoperable beyond feasible repair, the
Company, by notice to the Customer, may discontinue or suspend service without incurring any liability.
D) Upon the Customer's insolvency, assignment for the benefit of creditors,
filing for bankruptcy or reorganization, or failing to discharge an involuntary
petition within the time permitted by law, the Company may immediately discontinue or suspend service without incurring any liability.
E) Upon any governmental prohibition or required alteration of the services to be
provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incurring any liability.
F) In the event of fraudulent use of the Company's network, the Company may
without notice suspend or discontinue service. The Customer will be liable
for all related costs. The Customer will also be responsible for payment of any reconnection charges.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 33
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.4 Discontinuance of Service for Cause Continued
G) Upon the Company's discontinuance of service to the Customer under
Section 2.6.4(A) or 2.6.4(B), the Company, in addition to all other
remedies that may be available to the Company at law or in equity or under any other provision of this Pricing Schedule, may declare all future
monthly and other charges which would have been payable by the
Customer during the remainder of the term for which such services would
have otherwise been provided to the Customer to be immediately due and.
2.6.5 Notice to Company for Cancellation of Service
Customers desiring to terminate service shall provide Company thirty (30) days
written notice of desire to terminate service.
2.6.6 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering,
equipment specifications, service parameters, premises locations, or otherwise
materially modifies any provision of the application for service, the Customer's installation fees shall be adjusted according to the term and conditions set forth in 3.1.1(C) following, Access Order Modifications, unless by separate agreement.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 34
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.6 Payment Arrangements Continued
2.6.7 Customer Overpayment
The Company will pay interest on a Customer overpayment. Customer
overpayment shall mean a payment to the Company in excess of the correct
charges for service when caused by erroneous billing by the Company. The rate of interest shall be the unadjusted interest rate paid on Customer deposits or the
late payment penalty rate, whichever is greater. Interest shall be paid from the
date when the Customer overpayment was made, adjusted for any changes in the
deposit simple interest rate or late payment penalty rate, , until the date when the
overpayment is credited to the Customer’s account, unless the Customer requests a refund. No interest shall be paid on Customer overpayments that are credited
(or refunded) within thirty (30) days after such overpayment is received by the
Company. Unless otherwise agreed between the parties, the Company will credit
the overpayment to the Customer’s next monthly bill.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 35
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.7 Allowances for Interruptions in Service
2.7.1 General
A) A credit allowance will be given when service is interrupted, except as
specified in Section 2.7.2 following.
B) An interruption period begins when the Company discovers that a service,
facility or circuit s is inoperative or when the Customer reports a service,
facility or circuit to be inoperative, whichever occurs first. A service is
considered to be interrupted when it becomes inoperative to the Customer,
e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this Pricing Schedule. The
inoperative service, facility or circuit must be released to the Company for
testing and repair. An interruption period ends when the service, facility
or circuit is operative.
C) If the Customer reports a service, facility or circuit to be interrupted but
declines to release it for testing and repair, the service, facility or circuit is
considered to be impaired but not interrupted. No credit allowances will
be made for a service, facility or circuit considered by the Company to be
impaired.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 36
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.7 Allowances for Interruptions in Service Continued
2.7.2 Limitations of Allowances
No credit allowance will be made for any interruption in service:
A) Due to the negligence of or noncompliance with the provisions of this Tariff by any person or entity other than the Company, including but not
limited to the Customer or other common carriers connected to the service
of the Company;
B) Due to the failure of power, equipment, systems, connections or services not provided by the Company;
C) Due to circumstances or causes beyond the control of the Company;
D) During any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and
correcting interruptions;
E) During any period in which the Customer continues to use the service on
an impaired basis;
F) During any period when the Customer has released service to the
Company for maintenance purposes or immediately following, for
implementation of a Customer order for a change in service arrangements;
G) That occurs or continues due to the Customer's failure to authorize
replacement of any element of special construction; and
H) That was not reported to the Company within thirty (30) days of the date
that service was affected.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 37
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.7 Allowances for Interruptions in Service Continued
2.7.3 Use of Another Means of Communications
If the Customer elects to use another means of communications during the period
of interruption, the Customer must pay the charges for the alternative service used
and Company will have no liability for such charges.
2.7.4 Application of Credits for Interruptions in Service
A) Credits for interruptions in service that is provided and billed on a flat rate
basis for a minimum period of at least one month, beginning on the date that billing becomes effective, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the period of
service during which the event that gave rise to the claim for a credit
occurred. A credit allowance is applied on a pro rate basis against the
rates 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.
B) For calculating credit allowances, every month is considered to have thirty
(30) days. C) A credit allowance of one days service will be given for all interruptions
in service of 8 or more hours in a continuous twenty-four hour period.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 38
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.7 Allowances for Interruptions in Service Continued
2.7.5 Cancellation For Service Interruption
Cancellation or termination for service interruption is permitted only if any circuit
experiences a single continuous outage of 8 hours or more or cumulative service
credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit which has been
subject to the outage or cumulative service credits.
2.8 Cancellation of Service/Termination Liability
If a Customer cancels or terminates services before the completion of the term for any
reason whatsoever other than multiple service interruptions (as defined in Section 2.7.1),
Customer agrees to pay to Company termination liability charges, which are defined
below. These charges shall become due and owing as of the effective date of the
cancellation or termination and be payable within the period set forth in Section 2.6.2. 2.8.1 Termination Liability
Customer's termination liability for cancellation of service shall be equal to:
1) all unpaid Non-Recurring charges reasonably expended by Company to
establish service to Customer, plus;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 39
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.8 Cancellation of Service/Termination Liability Continued
2.8.1 Termination Liability Continued
2) any disconnection, early cancellation or termination charges reasonably
incurred and paid to third parties by Company on behalf of Customer,
plus;
3) all Recurring Charges specified in any agreement for the balance of the
then current term discounted at the prime rate announced in the Wall
Street Journal on the third business day following the date of cancellation;
2.9 Customer Liability for Unauthorized Use of the Network
2.9.1 Unauthorized Use of the Network
A) Unauthorized use of the Network occurs when: (1) a person or entity that
does not have actual, apparent, or implied authority to use the Network,
obtains the Company's services provided under this Pricing Schedule; or
(2) a person or entity that otherwise has actual, apparent, or implied authority to use the Network, makes fraudulent use of the Network to obtain the Company's services provided under this Pricing Schedule, or
uses specific services that are not authorized.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 40
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.9 Customer Liability for Unauthorized Use of the Network Continued
2.9.1 Unauthorized Use of the Network Continued
B) The following activities constitute fraudulent use:
1) Using the Network to transmit a message, locate a person, or otherwise give or obtain information, without payment for the
service;
2) Using or attempting to use the Network with the intent to avoid
payment, either in whole or part, of any of the Company's charges by either rearranging, tampering with, or making connections not
authorized by this Tariff to any service components used to furnish
the Company's services or using fraudulent means or devices,
tricks, schemes, false or invalid numbers, false credit devices or
electronic devices;
3) Using fraudulent means or devices, tricks, schemes, false or invalid
numbers, false credit devices or electronic devices to defraud or
mislead callers.
C) Customers are advised that use of telecommunications equipment and
services, including that provided under this Pricing Schedule, carries a risk
of various forms of telecommunications fraud (including, but not limited
to, toll and PBX fraud perpetrated by Users who gain access to a
Customer's facilities, account numbers, security or authorization codes, etc.). Customers should take all necessary steps to restrict access to their
facilities, including the equipment and services provided hereunder, and to
detect and prevent unauthorized use of the equipment and services
provided by the Company under this Pricing Schedule.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 41
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.9 Customer Liability for Unauthorized Use of the Network Continued
2.9.2 Liability for Unauthorized Use
A) Except as provided for elsewhere in this Pricing Schedule, the Customer is
responsible for payment of all charges for services provided under this
Tariff furnished to the Customer or User. This responsibility is not changed due to any use, misuse, or abuse of the Customer's service or
Customer-provided equipment by Users or other third parties, the
Customer's employees, or the public.
B) The Customer is liable for all costs incurred as a result of unauthorized use of the Network, including service charges and any direct, indirect, special,
incidental, reliance, consequential, exemplary or punitive charges.
C) The Customer is responsible for payment of any charges related to the
suspension and/or termination of service, and any charges for reconnection of service, incurred as a result of unauthorized use of the Network.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 42
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.10 Application of Rates
The regulations set forth in this section govern the application of rates for services
contained in other sections of this Pricing Schedule.
2.10.1 Charges Based on Duration of Use
Customer traffic to End Offices will be measured (i.e., recorded or assumed) by
the Company. Originating and terminating calls will be measured (i.e., recorded
or assumed) by the Company to determine the basis for computing chargeable
access minutes. In the event the Customer message detail is not available because
the Company lost or damaged tapes or experienced recording system outages, the Company will estimate the volume of lost Customer access minutes of use based
on previously known values.
For originating calls over Customer’s Feature Group D, usage measurement
begins when the originating Customer’s Feature Group D switch receives the first wink supervisory signal forwarded from the Customer's point of termination.
The measurement of originating call usage ends when the Customer’s originating
Feature Group D switch receives disconnect supervision from either the
Company’s Network, indicating the originating End User has disconnected, or the Customer's point of termination, whichever is recognized first by the Company’s Network.
For terminating calls over Customer’s Feature Group D, the measurement of
access minutes begins when the Customer’s terminating Feature Group D switch receives answer supervision from the Company’s Network, indicating the terminating End User has answered. For terminating calls over Customer’s FGD
Access Service, the measured minutes are chargeable access minutes. Where
assumed minutes are used, the assumed minutes are the chargeable access
minutes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 43
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
TERMS AND CONDITIONS
2.10 Application of Rates Continued
2.10.1 Charges Based on Duration of Use Continued
The measurement of terminating call usage over Customer’s Feature Group D
ends when the Customer’s terminating Feature Group D switch receives
disconnect supervision from either the Company’s Network, indicating the terminating End User has disconnected, or the Customer's point of termination,
whichever is recognized first by the switch.
Customer’s FGD access minutes or fractions thereof, the exact value of the
fraction being a function of the Network technology where the measurement is made, are accumulated over the billing period for each End Office, and are then
rounded up to the nearest access minute for each End Office.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 44
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SERVICE DESCRIPTIONS
3.1 Switched Access Services
Switched Access Service, which is available to Customers for their use in furnishing their
services to End Users, provides a two-point communications path between a Customer's
premises and an End User's premises. It provides for the use of common terminating,
switching and trunking facilities and/or functionalities. Switched Access Service
provides for the ability to originate calls from an End User's premises to a Customer's premises (or a collocated interconnection location), and to terminate calls from a
Customer's premises (or a collocated interconnection location) to an End User's premises
in the LATA where it is provided. Switched Access Service must be ordered or provided
as an Incidental Service separately for each LATA in which the Customer desires to
originate or terminate calls.
Switched Access Service is provided in the following service categories, which are
differentiated by their technical characteristics and the manner in which an End User or
Customer accesses them when originating or terminating calls.
Terminating Switched Access provides trunk side-equivalent access to the Company’s
Network for the Customer's use in originating and terminating communications.
Toll Free Data Base Access Service, which is available to all Customers, provides trunk
side-equivalent access to the Company’s Network in the originating direction only, for the Customer's use in originating calls dialed by an End User to telephone numbers
beginning with the prefix "800" or "888.”
Customer’s or its End User’s use of any Incidental Service shall constitute Customer’s
agreement to all of the terms and conditions of this Pricing Schedule. Services provided on an incidental basis (Incidental Services) are billed to Customer on a monthly basis in
accordance with Customer’s recorded usage for each Service and the corresponding rates
contained in the Rates Section, below.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 45
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SERVICE DESCRIPTIONS
3.1 Access Services Continued
3.1.1 Standard Rate Categories
The composite rate categories in this Section 3.1.2 apply to Switched Access
Service and include the following combined categories.
A) Rate Regulations
1) Common Line
The Common Line rate category establishes the charges related to the use of Company-provided End User common lines by
Customers and end-users for intrastate access.
2) End Office Switching The Company combines traditional per minute switched access
rate elements into a single composite per minute rate element.
This element includes the following rate categories:
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 46
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SERVICE DESCRIPTIONS
3.1 Access Services Continued
3.1.1 Standard Rate Categories Continued
A) Rate Regulations Continued
2) End Office Switching Continued
a) Switched Transport
The Switched Transport rate category establishes the
charges related to the provision by the Company’s Network of transmission and tandem switching functionality
between the Customer designated premises and the End
Office(s) where the Customer’s traffic is switched to
originate or terminate the Customer’s communications.
The Switched Transport rate category also includes the functionality of transport between an End Office or
equivalent within Company’s Network that serves as host
for a remote switching system or module.
b) End Office Switching
The End Office switching rate category establishes the
charges related to the use of those portions of the
Company’s network that perform End Office switching
functionality, the terminations in the End Office of End User lines and the termination of calls at intercept operators
or recordings.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 47
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SERVICE DESCRIPTIONS
3.1 Access Services Continued
3.1.2 Other Rate Categories
A) Toll Free Data Base Access Service
Toll Free Data Base Access Service is a service offering utilizing originating trunk side Switched Access Service. The service provides for
the forwarding of End User dialed Toll Free calls to a Company Service
Switching Point which will initiate a query to the data base to perform the
switching. Toll Free Data Base Access Service is not available as an
Incidental Service.
Customer identification and delivery function. The call is forwarded to
the appropriate Customer based on the dialed Toll Free number. Toll Free
Data Base Access Service is comprised of the following elements.
1) Customer Identification Charge
The Toll Free Data Base Access Service Customer Identification
Charge applies for the identification and delivery of Toll Free
dialed traffic to the appropriate Customer. The charge is assessed to the Customer on a per query and per minute of use basis and may include an area of service which may range from a single
NPA/NXX to an area consisting of all LATAs and NPAs within
the operating territory of 360 networks (USA) inc. The Toll Free
Carrier Identification Charge and query function rate is set forth in 4.1.3.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 48
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
SERVICE DESCRIPTIONS
3.1 Access Services Continued
3.1.3 Other Rate Categories
A) Toll Free Data Base Access Service Continued
2) POTS Translation Charge (Vertical Feauture)
The POTS Translation provides the option of having the ten digit
POTS number NPA + NXX-XXXX delivered instead of the Toll
Free dialed number (e.g., 800 + NXX-XXXX) delivered to the
service provider.
A POTS Translation Charge is assessed per query, in addition to
the Toll Free Carrier Identification Charge. The charges can be
found in Section 4.1.3.
3) Call Handling & Destination Feature Charge (Vertical Feature)
The Toll Free Call Handling and Destination Features Package,
available only with the Toll Free Data Base Access Service,
provides feature functionality in addition to basic query. The feature package may include various destination options such as carrier selection, time of day routing, day of week routing, specific
date routing, geographic routing, routing based on percent of
allocation, and emergency routing profiles.
A Call Handling and Destination Feature Charge is assessed on a per-query basis, in addition to the Customer Identification Charge
and the POTS Translation Charge as set forth in Section 4.1.3.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 49
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.1 Access Service
4.1.1 Switched Access Service, Terminating Access
Company adopts as its intrastate rates, the corresponding
termination interstate switched exchange access rates as set forth in Company's
F.C.C. Tariff No. 1, incorporated herein by reference, for each incumbent local exchange carrier territory where Company provides service.
4.1.2 Switched Access Service, Originating Access for Company Exchanges located in
CenturyLink (fka Qwest Corporation – North) Service Territory
A) Direct Access
Per Originating Minute $0.035841
B) Tandem Switched Access Per Originating Minute $0.042295
4.1.3 Switched Access Service, Originating Access for Company Exchanges located in CenturyLink (fka Qwest Corporation – South) Service Territory
A) Direct Access
Per Originating Minute $0.033239
B) Tandem Switched Access
Per Originating Minute $0.038683
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 50
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.1 Access Service Continued
4.1.4 Switched Access Service, Originating Access for Company Exchanges located in
CenturyTel of Idaho, Inc. Service Territory
A) Direct Access
Per Originating Minute $0.057200
B) Tandem Switched Access
Per Originating Minute $0.074616
4.1.5 Switched Access Service, Originating Access for Company Exchanges located in
Frontier Communications, Inc. (fka Verizon Northwest, Inc.) Service Territory
A) Direct Access
Per Originating Minute $0.043937
B) Tandem Switched Access
Per Originating Minute $0.057377
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 51
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.2 Toll Free Data Base Access Service
4.2.1. Toll Free Data Base Access Service Exchanges located in CenturyLink (fka Qwest
Corporation – North and South) Service Territory
800 Carrier Identification Code, per call $0.00350
Vertical Features
POTS Translation Charge, per call $0.003665
Call Handling and Destination Feature Charge, per query $0.000694
4.2.2. Toll Free Data Base Access Service Exchanges located in CenturyLink Service
Territory
800 Carrier Identification Code, per call $0.01177
Vertical Features $0.01177
4.2.3. Toll Free Data Base Access Service Exchanges located in Frontier
Communications, Inc. (fka Verizon Northwest, Inc.) Service Territory
800 Carrier Identification Code, per call $0.0067
Vertical Features
POTS Translation Charge, per call $0.00000 Call Handling and Destination Feature Charge, per query $0.00000
4.3. Miscellaneous Services
4.3.1 Presubscription
Manual PIC change:
Per Line or Trunk $5.50
Electronic PIC change
Per Line or Trunk $1.25
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 52
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.4. Individual Case Basis Arrangements
Individual Case Basis arrangements will be developed on a case-by-case basis in
response to a bona fide Customer or prospective Customer request and based on specific
Customer commitments, unless otherwise prohibited by law or regulation. ICB
arrangement switched exchange access service rates will be available to any similarly
situated Customer.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 53
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.5. Voice over Internet Protocol – Public Switched Telephone Network (“VoIP -PSTN”)
Traffic
4.5.1. This section governs the identification and treatment of VoIP-PSTN Traffic that is
required to be compensated at interstate access rates unless the parties have
agreed otherwise in a written agreement. Specifically, this section establishes the
method of separating such traffic (referred to in this tariff as “Relevant VOIP-PSTN Traffic”) from a Customer’s traditional intrastate access tariff, so that such
Relevant VOIP-PSTN traffic can be billed in accordance with the FCC Order.
Company will bill and collect the full Access Reciprocal Compensation on traffic
exchanged with Customers when such traffic originates and/or terminates in Internet Protocol format, as set forth in Section 51.913 of the Federal
Communications Commission’s rules, 47 C.F.R. §51.913, regardless of whether
the Company itself delivers such traffic to the called party’s premises or delivers
the call to the called party’s premises via contractual or other arrangements with
an affiliated or unaffiliated provider of interconnected Voice over Internet Protocol service or a non-interconnected Voice over Internet Protocol service that
does not itself seek to collect Access Reciprocal Compensation charges for this
traffic. 1
Intrastate VoIP – PSTN traffic is subject to the Company’s applicable interstate switched access rate per minute, as set forth in the Company’s F.C.C. Tariff No.
1.
1 See, In the Matter of Connect America Fund A National Broadband Plan for Our Future Establishing Just and Reasonable Rates for Local Exchange Carriers High-Cost Universal Service Support Developing an Unified Intercarrier Compensation Regime Federal-State Joint Board on Universal Service Lifeline and Link-Up Universal Service Reform – Mobility Fund, Report and Order and Further Notice of Proposed Rulemaking, Docket Nos. WC Docket No. 10-90, et al., FCC 11-161, (Rel. November 18, 2011), as amended.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 54
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.5. Voice over Internet Protocol – Public Switched Telephone Network (“VoIP -PSTN”)
Traffic, Continued
4.5.2. Calculations and Application of Percent-VoIP-PSTN Usage
Company will determine the number of Relevant VoIP-PSTN Traffic minutes of
use (“MOU”) to which interstate rates will be applied under subsection 4.5.1 above, by applying a Percent VoIP Usage (“PVU”) factor to the total intrastate
access MOU exchanged between a Company End User and the Customer. The
PVU will be derived and applied as follows.
A) The Customer will calculate and furnish to Company a factor (the “PVU-A”) representing the percentage of the total intrastate and interstate access
MOU that the Customer exchanges with Company in the State, that (a) is
sent to Company and that originated in IP format; or (b) is received from
Company and terminated in IP format. This PVU-A shall be based on
information such as the number of the Customer’s retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic
studies, actual call detail, or other relevant and verifiable information.
B) Company will similarly calculate a factor (the “PVU-B”) representing the
percentage of Company’s total intrastate and interstate access MOU in the State that Company originates or terminates on its network in IP format.
This PVU-B shall be based on information such as the number of
Company’s retail VoIP subscriptions in the state (e.g., as reported on FCC
Form 477), traffic studies, actual call detail, or other relevant and
verifiable information.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 55
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.5. Voice over Internet Protocol – Public Switched Telephone Network (“VoIP -PSTN”)
Traffic, Continued
4.5.2. Calculations and Application of Percent-VoIP-PSTN Usage, Continued
C) Company will use the PVU-A and PVU-B factors to calculate a PVU factor
that represents the percentage of total intrastate and interstate access MOU exchanged between a Company End User and the Customer that is
originated or terminated in IP format, whether at Company’s end, at the
Customer’s end, or at both ends. The PVU factor will be calculated as the
sum of: (A) the PVU-A factor and (B) the PVU-B factor times (1.0 minus
the PVU-A factor).
D) Company will apply the PVU factor to the total intrastate access MOU
exchanged with the Customer to determine the number of Relevant VoIP-
PSTN Traffic MOUs.
Example 1: The PVU-B is 10% and the PVU-A is 40%. The PVU factor
is equal to 40% + (10% x 60%) = 46%. Company will bill 46% of the
Customer’s intrastate access MOU at its applicable tariffed interstate rates.
Example 2: The PVU-B is 10% and the PVU-A is 0%. The PVU factor is 0% + (100% x 10%) = 10%. Company will bill 10% of the Customer’s
intrastate access MOU at Company’s applicable tariffed interstate
switched access rates.
Example 3: The PVU-A is 100%. No matter what the PVU-B factor is, the PVU is 100%. Company will bill 100% of the Customer’s intrastate
access MOU at Company’s applicable tariffed interstate switched access
rates.
E) If the Customer does not furnish Company with a PVU factor, the Company will utilize a PVU-A factor of zero.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho
360networks (USA) inc. Idaho P.U.C. Tariff No. 1
Original Sheet No. 56
Issued: June 19, 2012 Effective: July 3, 2012
Issued By: Regulatory Manager 370 Interlocken Blvd., Suite 600
Broomfield, CO 80021
RATES
4.5. Voice over Internet Protocol – Public Switched Telephone Network (“VoIP -PSTN”)
Traffic, Continued
4.5.3 Initial PVU-A Factor.
If the PVU-A factor is not available and/or cannot be implemented in Company’s
billing systems by thirty days from the effective date of this Tariff, the Company will adjust the Customer’s initial PVU-A to zero retroactively to January 1, 2012.
4.5.4 PVU Factor Updates
The Customer may update the PVU-A factor quarterly. The Customer shall submit such update no later than the 15th day of January, April, July, and October
of each year. Revised PVU factors must be based on the data for the prior three
months ending the last day of December, March, June, and September
respectively. The Company will use the revised PVU-A factor to calculate a
revised PVU. The revised PVU will be used for future billing and will be effective on the bid date of each month and will be used for subsequent monthly
billing until superseded by a new PVU factor. No prorating or back billing will
be done based on the updated PVU factors. The PVU factor will be billed
beginning on January 1, 2012.
4.5.5 PVU Factor Verification
Not more than twice in any year, Company may ask the Customer to verify the
PVU-A factor furnished to Company and a Customer may ask Company to verify
the PVU-B factor and the calculation of the PVU factor. The party so requested shall comply, and shall reasonably provide the records and other information used
to determine the respective PVU-A and PVU-B factors.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
July 3, 2012
Boise, Idaho