HomeMy WebLinkAbout20130409Amended Application.pdfCAhILL GORDON & REINDEL LLP
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FACSIMILE (202) 862-8958
ANGELA F. COLLINS J 202-862-8930 j acollins@cahill.com
April 8, 2013
Via Federal Express - -, -u
Jean Jewell I
Commission Secretary I
Idaho Public Utilities Commission '
Cz
472 W Washington Street
Boise, Idaho 83702 ca
Re: Case No. INX-T-13-01
Application of lonex Communications North, Inc. dba Birch
Communications for a Certificate of Public Convenience and Necessity
Dear Ms. Jewell,
Pursuant to a request from staff, lonex Communications North, Inc. dba Birch
Communications ("lonex") hereby encloses an unbound original and three (3) copies of an
AMENDED version of its Application for a Certificate of Public Convenience and Necessity
and an AMENDED version of Exhibit E (proposed price list) to its Application. All other
exhibits to the Application are as submitted with lonex's original filing on January 9, 2013.
If you have any questions concerning this matter, please contact the undersigned.
Respectfully submitd,
(Angela . Collins
Counsel for lonex Communications North,
Inc. dba Birch Communications
Enclosures
cc: Carolee Hall (via electronic mail)
9349383v2
AMENDED VERSION
Angela F. Collins
Cahill Gordon & Reindel, LLP
1990 K St. NW, Suite 950
202-862-8900 (telephone)
866-814-6582 (facsimile)
acollins@cahill.com
Attorney for lonex Communications North, Inc. dba Birch Communications
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Application of lonex - -"
Communications North, Inc dba
Birch Communications for a
Certificate of Public Convenience
and Necessity to provide local
) telecommunications service in Idaho
)
APPLICATION FOR CERTIFICATION
Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission"), lonex
Communications North, Inc. dba Birch Communications ("Ionex" or "Applicant") hereby applies
for a Certificate of Public Convenience and Necessity to provide local exchange service and
interexchange service in Idaho pursuant to Commission Order No. 26665. In support of this
application, Applicant submits the following information:
I. Proposed Services
Ionex will offer local exchange and long distance services within Idaho. lonex will
provide telecommunications service in Idaho as a facilities-based provider, a reseller, or some
combination thereof lonex has no current plans to construct or place any facilities or switches in
Idaho at this time. Ionex will utilize its facilities and switches located in other portions of its
operating service territory to serve Idaho customers. lonex will also purchase unbundled
network elements (UNEs) or UNE-replacement services from incumbent local exchange carriers
(ILECs) such as Qwest Corporation dba Centurylink QC and Frontier Communications
Northwest, Inc. lonex will utilize a mix of its own facilities and services purchased from these
ILECs to provide local exchange and interexchange services in Idaho.
lonex is filing this application in connection with an Asset Purchase Agreement
("Agreement") between lonex' s parent, Birch Communications, Inc. ("BCI"), and Covista, Inc.
("Covista"), an authorized local exchange carrier in Idaho. Pursuant to the Agreement, BCI will
purchase certain assets and customers of Covista, including certain customer accounts and
receivables, certain customer agreements and contracts, certain vendor agreements and contracts,
certain equipment, and certain intellectual property. BCI, however, will not assume any of
Covista's pre-closing liabilities or obligations. lonex and Covista are filing for any necessary
approvals of the transaction under separate cover. Once lonex receives all necessary authority
8672744v2
AMENDED VERSION
from the Commission, Birch will serve the customers currently served by Covista in Idaho.
lonex, therefore, requests expedited review of its Application.
II. Form of Business
1.Name, Address and Form of Business: lonex is a South Dakota corporation with
headquarters located at 2300 Main Street, Suite 340, Kansas City, MO, 64108. lonex is a wholly
owned subsidiary of Birch Communications Inc. ("BC!"), a Georgia corporation with
headquarters located at 3060 Peachtree Road NW, Suite 1065, Atlanta, Georgia 30305. BCI and
its subsidiaries provide telecommunications services to both business and residential customers
in 38 states. A copy of lonex's authority to do business in the state of Idaho is attached as
Exhibit A. A copy of the Certificate of Assumed Business Name for lonex to use the name
Birch Communications is also set forth in Exhibit A. A certified copy of its articles of
incorporation is attached as Exhibit B.
If the applicant is a corporation, a short statement of the character of public service
in which it may engage: The provision of telecommunications services.
2.Principal business address within Idaho: None
3.Name and address of registered agent for service in Idaho:
Corporation Service Company
12550 W. Explorer Drive, Suite 100
Boise, ID 83713
4.The names and addresses of the ten common stockholders of applicant owning the
greatest number of shares of common stock and the number of such shares owned by each,
as follows:
Birch Telecom, Inc. owns 100% of lonex. BC! owns 100% of Birch Telecom, Inc. Birch
Communications Holdings, Inc. ("Birch Holdings") owns a 100% voting and equity interest in
BC!. Birch Holdings is a Georgia corporation whose principal business is telecommunications
holdings. The address for Birch Holdings and both stockholders is 3060 Peachtree Road, NW,
Suite 1065, Atlanta, GA 30305. The ownership of Birch Holdings is as follows: (1) Holcombe
Green, a U.S. citizen, owns a 66% voting and equity interest in Birch Holdings; and (2) R. Kirby
Godsey, a U.S. citizen, owns a 32% voting and equity interest' in Birch Holdings.
5.Names and addresses of the officers and directors of Applicant: are attached as
Exhibit C.
6.Name and address of any corporation, association, or similar organization holding a
5% or greater ownership or a management interest in the applicant. As to ownership, the
R. Kirby Godsey holds his percentage through his individual holdings and through the R. Kirby
Godsey 2008 Grantor Retained Annuity Trust.
2 8672744v2
AMENDED VERSION
amount and character of the interest must be indicated. A copy of any management
agreement must be attached: See response to Question 4.
7. Names and addresses of subsidiaries owned or controlled by applicant: N/A
III. Telecommunication Service
1.The date on which applicant proposes to begin construction or anticipates it will
begin to provide service: As soon as authorized. As discussed above, lonex's parent company
is acquiring the customers and substantially all of the assets of Covista, and lonex is submitting
this Application pursuant to that transaction. lonex will begin to serve Covista customers located
in Idaho as soon as it receives the necessary regulatory approvals.
2.A written description of customer classes and customer service [s] that the applicant
proposes to offer to the public: Local exchange and interexchange service to residential and
business customers.
IV. Service Territory
1.A description sufficient for determining whether service is to be offered in a
particular location; and the names of all incumbent local exchange corporations with
whom the proposed utility is likely to compete: lonex will provide service in the territories of
and compete with Qwest Corporation dba Centurylink QC and Frontier Communications
Northwest, Inc.
2.Written description of the intended manner of service, for example, resold services
or facilities based. A general description of the property owned or controlled by applicant:
lonex will provide telecommunications service in Idaho as a facilities-based provider, a reseller,
or some combination thereof. lonex has no current plans to construct or place any facilities or
switches in Idaho at this time. lonex will utilize its facilities and switches located in other
portions of its operating service territory to serve Idaho customers. lonex will also purchase
unbundled network elements (UNEs) or UNE-replacement services from incumbent local
exchange carriers (ILEC5) such as Qwest Corporation dba Centurylink QC and Frontier
Communications Northwest, Inc. lonex will utilize a mix of its own facilities and services
purchased from ILECs to provide local exchange and interexchange services in Idaho.
3.A statement describing with whom the applicant is likely to compete: Other
competitive local exchange carriers, such as XO, TW Telecom, and Level 3, and incumbent local
exchange carriers such as Qwest Corporation dba Centurylink QC and Frontier Communications
Northwest, Inc.
4.A description of the property owned by the applicant clarifies the applicant's
proposed services and operation: lonex has no current plans to construct or place any facilities
or switches in Idaho at this time.
V. Financial Information
3 86727442
AMENDED VERSION
The Applicant possesses adequate financial resources to provide the proposed services.
In support of this, the Applicant submits the financial statements of its parent company (BCI)
from 2012 as Exhibit D and pursuant to a Request for Confidential Treatment.
VI. "Illustrative" Tariff Filings
Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations
applicable to the contemplated service are attached as Exhibit E. lonex will further revise this
tariff to incorporate the services currently offered by Covista to ensure Covista' s customers
continue to receive the same services and rates without immediate change after those customers
are transferred to lonex. After the transfer of customers is complete, Covista will cancel its
certificate and price lists in a separate filing.
VII. Customer contacts
1. Contact information for the Applicant:
a)Person(s) responsible for consumer inquiries and complaints from the public, as
well as complaints, inquiries, and matters concerning rates and price lists from
Commission Staff:
Tara Jackson
Senior Manager, Legal, Regulatory, Security, and Fraud
Birch Communications
2300 Main Street, Suite 340
Kansas City, MO 64108
816-300-1677(telephone)
tara.jacksonbirch.com
b)A toll-free number for customer inquiries and complaints: 1-888-772-4724
VIII. Interconnection Agreements
lonex has existing interconnection agreements with Qwest Corporation dba Centurylink
QC and Frontier Communications Northwest, Inc. or their affiliates. lonex will seek to add
Idaho to those existing agreements or enter into new agreements with those ILECs as necessary.
IX. Compliance with Commission Rule: The Applicant has reviewed all of the Commission
rules and agrees to comply with them.
X. Escrow Account or Security Bond
1. If a company requires advance deposits by its customers, the company must submit
a signed copy of an escrow account with a bonded escrow agent or a security bond. The
escrow or bond shall be sufficient to meet customer deposit refunds in case of company
4 8672744v2
AMENDED VERSION
default: The Applicant does not require advance deposits by its customers, and this requirement
is therefore inapplicable.
WHEREFORE, lonex respectfully requests that the Commission hereby grant its
Application for a Certificate of Public Convenience and Necessity to provide
telecommunications service in Idaho.
Respectfully submitted,
IONEX COMMUNICATIONS NORTH,
INC. DBA BIRCH
COMMUNICATIONS a 4& Y/,YA--
Angela F. 0olims
Cahill Gordon & Reindel LLP
1990 K Street, N.W.
Suite 950
Washington, D.C. 20006
202-862-8930 (telephone)
866-814-6582 (facsimile)
acollins@cahill.com
Counsel for lonex Communications North,
Inc. dfb/a Birch Communications
Dated this Xday of April, 2013.
86727442
AMENDED VERSION
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have thi$, day of April, 2013, served the foregoing
AMENDED Application of lonex Communications North, Inc. dba Birch Communications for a
Certificate of Public Convenience and Necessity to provide telecommunications service in Idaho
upon all parties of record in this proceeding, by mailing a copy thereof, properly addressed with
postage prepaid, to:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
P0 Box 83720
Boise, Idaho 83720-0074
IONEX COMMUNICATIONS, INC.
DBA BIRCH COMMUNICATIONS
Angeld'F). Collins
Cahill Gordon & Reindel LLP
1990 K Street, N.W.
Suite 950
Washington, D.C. 20006
202-862-8930 (telephone)
866-814-6582 (facsimile)
acollins@cahill.com
Counsel for lonex Communications,
Inc. d!b/a Birch Communications
8672744v2
AMENDED VERSION
Exhibit E
Proposed Price List
8672744v2
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Original Title Page
LOCAL AND INTEREXCHANGE SERVICES TARIFF
LOCAL AND 1NTEREXCHANGE TELECOMMUNICATIONS SERVICES TARIFF
OF
IONEX COMMUNICATIONS NORTH, INC DBA BIRCH COMMUNICATIONS
This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange
telecommunications services provided by Birch Communications with principal offices at 2300 Main St. Suite
340, Kansas City, MO 64108 for services furnished within the State of Idaho. This tariff is on file with the
Idaho Public Utilities Commission, and copies may be inspected, during normal business hours at the
Company's principal place of business.
Wherever in this Tariff or its headings, the term "Company" or the name lonex Communications North,
Inc, "Birch Communications" or "Birch" appears, that shall mean and shall refer to lonex Communications
North, Inc. dba Birch Communications.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
TABLE OF CONTENTS
PREFACE
Tableof Contents ................................................................................... ... 1
CheckSheet ........................................................................................... 2
Explanation of Symbols.........................................................................4
Applicationof Tariff .............................................................................. 5
SECTION 1 - DEFINITIONS
SECTION 2- RULES AND REGULATIONS
SECTION 3- SERVICE AREAS
SECTION 4- SERVICE CHARGES AND SURCHARGES
SECTION 5- LOCAL EXCHANGE SERVICE
SECTION 6- SUPPLEMENTAL SERVICES
SECTION 7— LONG DISTANCE SERVICES AND RATES
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised
pages as named below contain all changes from the original rate sheet that are in effect on the date shown on
each page.
SECTION PAGE REVISION SECTION PAGE REVISION
Title Original 2 19 Original
Preface 1 Original 2 20 Original
Preface 2 Original 2 21 Original
Preface 3 Original 2 22 Original
Preface 4 Original 2 23 Original
Preface 5 Original 2 24 Original
1 1 Original 2 25 Original
1 2 Original 2 26 Original
1 3 Original 2 27 Original
1 4 Original 2 28 Original
1 5 Original 2 29 Original
2 1 Original 2 30 Original
2 2 Original 2 31 Original
2 3 Original 2 32 Original
2 4 Original 2 33 Original
2 5 Original 2 34 Original
2 6 Original 2 35 Original
2 7 Original 2 36 Original
2 8 Original
2 9 Original 3 1 Original
2 10 Original 4 1 Original
2 11 Original 4 2 Original
2 12 Original 4 3 Original
2 13 Original 4 4 Original
2 14 Original 4 5 Original
2 15 Original 4 6 Original
2 16 Original
2 17 Original
2 18 Original
* - indicates those pages included with this filing
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET, CONT'D.
SECTION PAGE REVISION
5 1 Original
5 2 Original
5 3 Original
5 4 Original
5 5 Original
5 6 Original
5 7 Original
5 8 Original
5 9 Original
5 10 Original
5 11 Original
6 1 Original
6 2 Original
6 3 Original
6 4 Original
6 5 Original
6 6 Original
6 7 Original
6 8 Original
6 9 Original
6 10 Original
7 1 Original
7 2 Original
SECTION PAGE REVISION
* - indicates those pages included with this filing
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
EXPLANATION OF SYMBOLS
When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariff sheet affected.
Changes will be identified on the revised sheet(s) through the use of the following symbols:
(C)To signify changed rate, regulation or condition.
(D)To signify discontinued rate, regulation or condition.
(I) To signify increase.
(N) To signify new material, including a listing, rate, regulation, rule or condition.
(R) To signify reduction.
(T) To signify a change in the word of text, but no change in the rate, rule or condition.
(M) Moved from another tariff location.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate
end-user local exchange communications services by Birch Communications, hereinafter referred to as the
Company, to Customers within the state of Idaho. Birch's services are furnished subject to the availability of
facilities and subject to the terms and conditions set forth herein.
This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at
the main office of Birch Communications at 2300 Main St. Suite 340, Kansas City, MO 64108.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS
For the purpose of this tariff, the following definitions will apply:
Access Line - An arrangement from a local exchange telephone company or other common carrier, using either
dedicated or switched access, which connects a Customer's location to Carrier's location or switching center.
Authorization (Access) Code - A numerical code, one or more of which may be assigned to a Customer, to
enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization
codes shall be the sole property of Carrier and no Customer shall have any property or other right or interest in
the use of any particular authorization code. Automatic numbering identification (AM) may be used as or in
connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service
of the Customer.
Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone
company which automatically identifies the local exchange line from which a call originates.
Commission - The Idaho Public Utilities Commission.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Common Carrier - An authorized company or entity providing telecommunications services to the public
Company - Birch Communications, the issuer of this tariff.
Customer - The person, firm or corporation that orders service and is responsible for the payment of charges
and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the Company's
services.
Customer Terminal Equipment - Terminal equipment provided by the Customer.
End Office - The LEC switching system office or serving wire center where Customer station loops are
terminated for purposes of interconnection to each other and/or to trunks.
End-User Premises - A location designated by the Customer for the purposes of connecting to the Company's
services.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls
dialed by the Customer are automatically routed to the Company's network. Presubscribed Customers may also
route interexchange calls to the Company's network by dialing an access code supplied by the Company.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Exchange Telephone Company or Telephone Company - Denotes any individual, partnership, association,
joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in
providing public switched communication service throughout an exchange area, and between exchange areas
within the LATA.
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption
shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or
other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or
facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance
provided within this Tariff by Carrier shall not apply where service is interrupted by the negligence or willful
act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of
non-payment of bills, unlawful or improper use of the Carrier's facilities or service, or any other reason covered
by this Tariff or by applicable law.
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, or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also
served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment,
which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 4
LOCAL A1'1I) INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used
in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided local
exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local
telephone lines are presubscribed by the Company to the Company's outbound service such that "1 + 10-digit
number" calls are automatically routed to the Company's or an IXC ' s network. Calls to stations within the
Customer's LATA may be placed by dialing "1 OXXX" or "10 1XXXX" with 1 + 10-digit number."
Station - The network control signaling unit and any other equipment provided at the Customer's premises
which enables the Customer to establish communications connections and to effect communications through
such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications service
from Birch. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay
telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the
Company.
NECA - National Exchange Carriers Association.
Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and
establish service.
PIN - Personal Identification Number. See Authorization Code.
Point of Presence ("POP") - Point of Presence
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 5
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the
agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written or verbal request for Company services by the Customer and the Company in the
format devised by the Company. A Service Order initiates the respective obligations of the parties as set forth
therein and pursuant to this tariff.
Switched Access Origination/Termination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LED-provided business or residential access line. The cost of switched Feature Group access is billed to the
interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Birch - Birch Communications, issuer of this tariff.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission originating from
points within the State of Idaho, and terminating within a local calling area as defined herein.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity that
purchases access to the Company network in order to originate or terminate its own services,
or to communicate with its own Customers.
2.1.2 Shortage of Equipment or Facilities
A.The Company reserves the right to limit or to allocate the use of existing facilities, or
of additional facilities offered by the Company, when necessary because of lack of
facilities, or due to some other cause beyond the Company's control.
B.The furnishing of service under this tariff is subject to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company's
facilities as well as facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the Company.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.3 Terms and Conditions
A.Service is provided on the basis of a minimum period of at least thirty (30) days, 24-
hours per day. For the purpose of computing charges in this tariff, a month is
considered to have thirty (30) days.
B.Customers maybe 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 tariff. Customers will
also be required to execute any other documents as may be reasonably requested by
the Company.
C.Except as otherwise stated in the tariff, at the expiration of the initial term specified
in each Service Order, or in any extension thereof, service shall continue on a month
to month basis at the then current rates unless terminated by either party upon notice.
Any termination shall not relieve the Customer of its obligation to pay any charges
incurred under the service order and this tariff prior to termination. The rights and
obligations which by their nature extend beyond the termination of the term of the
service order shall survive such termination.
D.Service may be terminated upon written notice to the Customer if -
. 1 the Customer is using the service in violation of this tariff; or
2 the Customer is using the service in violation of the law.
E.This tariff shall be interpreted and governed by the laws of the State of Idaho without
regard for its choice of laws provision.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.3 Terms and Conditions, Cont'd.
F.Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or purchase
any services in order to have the right to obtain service directly from the Company.
G.To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party exercising such control shall
make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At the
reasonable request of either party, the Company and the Other Telephone Company
shall jointly attempt to obtain from the owner of the property access for the other
party to serve a person or entity.
H.The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts may or may not be associated with volume
and/or term discounts. All service packages established by the Company will be filed
with the Commission prior to the furnishing of service.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
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, representations,
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.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 5
LOCAL AND INTEREXCI{ANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
D. The Company shall be indemnified and saved harmless by the Customer from and
against all loss, liability, damage and expense, including reasonable counsel fees, due
to:
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, except as contracted by the Company;
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;
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 material transmitted by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services;
.5 Breach in the privacy or security of communications transmitted over the
Company's facilities;
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
D. Cont'd.
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
above in Section 2.1.1.A.
.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 noncompletion of calls due to network busy conditions;
.10 Any calls not actually attempted to be completed during any period that
service is unavailable;
.11 And any other claim resulting from any act or omission of the Customer or
patron(s) of the Customer relating to the use of the Company's services or
facilities.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 7
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
E.The Company does not guarantee nor make any warranty with respect to installations
provided by it for use in an explosive atmosphere.
F.The Company makes no warranties or representations, EXPRESS OR IMPLIED,
either in fact or by operation of law, statutory or otherwise, including warranties of
merchantability or fitness for a particular use, except those expressly set forth herein.
G.Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asserting its rights under other provisions.
H.Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance for errors or mistakes in or omissions of published directory
listings or for errors or mistakes in or omissions of listing obtainable from the
directory assistance operator shall be at the monthly tariff rate for each listing, or in
the case of a free or no-charge directory listing, credit shall equal two times the
monthly tariff rate for an additional listing, for the life of the directory or the charge
period during which the error, mistake or omission occurs.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 8
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
I. With respect to Emergency Number 911 Service:
This service is offered solely as an aid in handling assistance calls in
connection with fire, police and other emergencies. The company is not
responsible for any losses, claims, demands, suits or any liability whatsoever,
whether suffered, made instituted or asserted by the Customer or by any
other party or person for any personal injury or death of any person or
persons, and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused by
(1) mistakes, omissions, interruptions, delays, errors or other defects in the
provision of service, or (2) installation, operation, failure to operate,
maintenance, removal, presence, condition, local or use of any equipment
and facilities furnishing this service.
2 Neither is the Company responsible for any infringement, nor invasion of the
right of privacy of any person or persons, caused or claimed to have been
caused directly or indirectly, by the installation, operation, failure to operate,
maintenance, removal, presence, condition, occasion or use of emergency
911 service features and the equipment associated therewith, or by any
services furnished by the Company, including, but not limited to the
identification of the telephone number, address or name associated with the
telephone used by the party or parties accessing emergency 911 service, and
which arise out of the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or agents of
any one of them.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 9
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
I.With respect to Emergency Number 911 Service, Cont'd.
.3 When a Customer with a nonpublished telephone number, as defined herein,
places a call to the emergency 911 service, the Company will release the
name and address of the calling party, where such information can be
determined, to the appropriate local governmental authority responsible for
emergency 911 service upon request of such governmental authority. By
subscribing to service under this tariff, the Customer acknowledges and
agrees with the release of information as described above.
J.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.
2.1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting activities
that may occur in normal operation of its business. Such activities may include, but are not
limited to, equipment or facilities additions, removals or rearrangements and routine
preventative maintenance. Generally, such activities are not specific to an individual
Customer but affect many Customers' services. No specific advance notification period is
applicable to all service activities. The Company will work cooperatively with the Customer
to determine the reasonable notification requirements. With some emergency or unplanned
service-affecting conditions, such as an outage resulting from cable damage, notification to
the Customer may not be possible.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.6 Provision of Equipment and Facilities
A.The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the Company.
B.The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of the
service provided the Customer.
C.Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
D.Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constructed,
maintained and operated as to work satisfactorily with the facilities of the Company.
E.The Company shall not be responsible for the installation, operation, or maintenance
of any Customer provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibility of the
Company shall be limited to the furnishing of facilities offered under this tariff and to
the maintenance and operation of such facilities. Subject to this responsibility, the
Company shall not be responsible for:
.1 the through transmission of signals 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.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 11
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.7 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in hazardous locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company will
apply. If installation is started during regular business hours, but, at the Customer's request,
extends beyond regular business hours into time periods including, but not limited to,
weekends, holidays, and/or night hours, additional charges may apply.
2.1.8 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this tariff,
special construction of facilities may be undertaken on a reasonable efforts basis at the request
of the Customer. Special construction is construction undertaken:
A.where facilities are not presently available, and there is no other requirement for the
facilities so constructed;
B.of a type other than that which the Company would normally utilize in the furnishing
of its services;
C.over a route other than that which the Company would normally utilize in the
furnishing of its services;
D.in a quantity greater than that which the Company would normally construct;
E.on an expedited basis;
F.on a temporary basis until permanent facilities are available;
G.involving abnormal costs; or
H.in advance of its normal construction.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 12
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
partners, agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations,
licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's offerings
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 the Public Utilities Commission of
Idaho's regulations, policies, orders, and decisions.
2.2.3 The Company may block any signals being transmitted over its Network by Customers which
cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall indemnify
the Company for any claim, judgment or liability resulting from such blockage.
2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the Company.
The Company will permit a Customer to transfer its existing service to another entity if the
existing Customer has paid all charges owed to the Company for regulated communications
services. Such a transfer will be treated as a disconnection of existing service and installation
of new service, and non-recurring installation charges as stated in this tariff will apply.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 13
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer
2.3.1 General
The Customer shall be responsible for:
A.the payment of all applicable charges pursuant to this tariff;
B.damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
C.providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company facilities and equipment installed
on the premises of the Customer, and the level of heating and air conditioning
necessary to maintain the proper operating environment on such premises;
D.obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
used to provide Communications Services to the Customer from the cable building
entrance or property line to the location of the equipment space described above in
Section 2.3.1 I.C. Any and all costs associated with the obtaining and maintaining the
rights-of-way described herein, including the costs of altering the structure to permit
installation of the Company provided facilities, shall be borne entirely by, or may be
charged by the Company, to the Customer. The Company may require the Customer
to demonstrate its compliance with this section prior to accepting an order for service.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 14
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
2.3.1 General, Cont'd.
E.providing a safe place to work and complying with all laws and regulations regarding
the working conditions on the premises at which Company employees and agents
shall be installing or maintaining the Company's facilities and equipment. The
Customer maybe required to install and maintain Company facilities and equipment
within a hazardous area if, in the Company's opinion, injury or damage to the
Company employees or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying, monitoring, removing
and disposing of any hazardous material (e.g., friable asbestos) prior to any
construction or installation work;
F.complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of-way for
which Customer is responsible under Section 2.3.1 .D; and granting or obtaining
permission for Company agents or employees to enter the premises of the Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company;
G.not creating or allowing to be placed any liens or other encumbrances on the
Company's equipment or facilities; and
H.making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period during which service is interrupted for such purposes.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 15
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
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, invites, or
contractors where such acts or omissions are not the direct result of the Company's
negligence or intentional misconduct.
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.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, and (2) any liability incurred by the Company to any
third party pursuant to this or any other 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.
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.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 17
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels, Cont'd.
2.4.3 Interconnection of Facilities
A.Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communications
Services and the channels, facilities, or equipment of others shall be provided at the
Customer's expense.
B.Communications Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the terms
and conditions of the tariffs of the other communications carriers which are
applicable to such connections.
C.Facilities furnished under this tariff maybe connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal
equipment shall be registered by the Federal Communications Commission pursuant
to Part 68 of Title 47, Code of Federal Regulations; and all user-provided wiring
shall be installed and maintained in compliance with those regulations.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 18
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Reserved for Future Use.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 19
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
Birch does not collect advance payments or deposits.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 20
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments, Cont'd.
2.5.2 Deposits
The Company does not require deposits from Customers.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 21
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.1 Payment for Service
A.General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Customer itself or are
resold to or shared with other persons.
The Customer is responsible for payment of any use, gross receipts, excise, access or
other local, state, federal and 911 taxes, charges or surcharges (however designated)
(excluding taxes on Company's net income) imposed on or based upon the provision,
sale or use of Network Services.
The security of the Customer's PIN is the responsibility of the Customer. All calls
placed using a PIN shall be billed to and shall be the obligation of the Customer. The
Customer shall not be responsible for charges in connection with the unauthorized
use of P1Ns arising after the Customer notifies the Company of the loss, theft, or
other breach of security of such PINs.
Customers will only be charged once, on either an interstate or intrastate basis, for
any nonrecurring or usage based charges.
B.Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and
surcharges in addition to normal rates and charges for services provided to the
Customer, where permitted by law. Taxes and fees include, but are not limited to:
Federal Excise Tax, Gross Receipts Tax, Idaho Telecommunications Service
Assistance Program, and Universal Service. Unless otherwise specified in this tariff,
such taxes, fees and surcharges are in addition to rates as quoted in this tariff and will
be itemized separately on Customer invoices.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 22
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A.Nonrecurring charges are due and payable within thirty (30) days after the invoice
date, unless otherwise agreed to in advance.
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 thirty (30) days after the invoice date. When billing is based
on customer usage, charges will be billed monthly for the preceding billing periods.
C.The Monthly Recurring Charges are billed in advance. Monthly Recurring Charges
are accrued in full as of the first day of the billing cycle in which the service is
furnished. Therefore, the Monthly Recurring Charges are not subject to pro-rating if
service is disconnected prior to the end of a billing period.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 23
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Billing and Collection of Charges, Cont'd.
D.Billing of the Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date 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.
E.The Company may apply a late payment charge to Customers receiving basic or packaged
business services if any portion of the Customer's payment is received by the
Company after the payment due date, or if any portion of the payment is received by
the "Due Before Date" in funds which are not immediately available upon
presentment. The late payment charge shall be applied to the portion of the payment
not received by the date due, multiplied by a factor. The late factor shall be 1.5% per
month. A Finance Charge of 1.5% shall apply to the outstanding balance of charges,
as at the end of the "Due Before Date", with effect from the second month after the
charges are first applied, and every month thereafter.
Collection procedures are unaffected by the application of the late payment or
finance charge. The late payment charge does not apply to final amounts.
F.The Customer will be assessed a charge of twenty dollars ($25.00) for each check or
other payment type submitted by the Customer to the Company that a bank or other
financial institution refuses to honor.
G.If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service will be subject to all applicable installation
charges.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 24
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.3 Disputed Bills
A.In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bill to avoid discontinuance of service for non-payment.
The Customer must submit a documented claim for the disputed amount. The
Customer will submit all documentation as may reasonably be required to support the
claim. All claims must be submitted to the Company within areasonable period of
time after receipt of billing for those services and in accordance with Idaho law. If the
Customer does not submit a claim as stated above, the Customer waives all rights to
filing a claim thereafter.
B.Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company, then
the Customer may file a complaint with the Idaho Public Utilities Commission, 472
West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800-
432-0369.
C.If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 25
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.1 Service may be disconnected after seven (7) days written notice for any of the following
reasons:
A.The Customer did not pay undisputed delinquent bills for local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
B.The Customer failed to abide by the terms of a payment arrangement.
C.The Customer misrepresented the Customer's identity for the purpose of obtaining
telephone service.
D.The Company determines as prescribed by relevant state or other applicable
standards that the Customer is willfully wasting or interfering with service through
improper equipment or otherwise.
E.The Customer is using service(s) for which the Customer did not apply.
2.7.2 At least 24 hours before actual termination, the Company will attempt to contact the Customer
affected to apprize the Customer of the proposed termination action and steps to take to avoid
or delay termination. Service will not be terminated in the event that a formal or informal
complaint concerning termination is filed with the Commission.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 26
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.3 Service may be disconnected without notice for any of the following reasons:
A.A condition immediately dangerous or hazardous to life, physical safety or property
exists, or it is necessary to prevent a violation of federal, state or local safety or health
codes.
B.The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C.In the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
D.The Company has tried diligently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
E.The Customer has misrepresented the Customer's identify for purposes of obtaining
telephone service and has an outstanding bill exceeding $100.
F.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.
G.Upon the Company's discontinuance of service to the Customer under Section 2.7.1
or 2.7.2., 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 tariff, may declare
all future monthly and other charges that 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 payable.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 27
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where the
Company permits a Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company,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 commenced.2.8.3 Where the Company incurs any
expense in connection with special construction, or where special arrangements of facilities or
equipment have begun, before the Company receives a cancellation notice, a charge equal to
the costs incurred by the Company applies. In such cases, the charge will be based on such
elements as the cost of the equipment, facilities, and material, the cost of installation,
engineering, labor, and supervision, general and administrative expense, other disbursements,
depreciation, maintenance, taxes, provision for return on investment, and any other costs
associated with the special construction or arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and applied on a case-
by-case basis.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 28
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.9 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 fee shall be adjusted accordingly.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 29
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of
this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment
provided by the Customer, will be credited to the Customer as set forth in 2.6.1 for the part of the
service that the interruption affects.
2.10.1 General
A.Service Outage
A credit allowance will be given when service is interrupted, except as specified
below. A service is interrupted when it becomes inoperative to the Customer, e.g., the
Customer is unable to transmit or receive, because of a cross-talk, static or other
transmission problem, the Company will respond to a Customer's report of such a
"service outage" in accordance with IDAPA 31.41.01 Rule 503. Customer's bills will
be appropriately and automatically credited pursuant to the terms of Rule 503.
B.Receipt and Recording of Reports
The Company will provide for the receipt of Customer trouble reports at all hours
and make a full and prompt investigation of and response to all reports. The
Company will maintain an accurate record of trouble reports made by its Customers.
This record will include accurate identification of the Customer or service affected,
the time, date and nature of the report, the action taken to clear the trouble or satisfy
the Customer, and the date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized representatives upon
request at any time within two (2) years of the date of the record.
C.Repair Commitments
Commitments to the Customer for repair service will be set in accordance with Rule
503. The Company will make every reasonable attempt to fulfill repair commitments
to its Customers. Customers will be timely notified of unavoidable changes. Failure
to meet a repair commitment does not relieve the Company of the credited provisions
in Rule 503.01, unless the Customer fails to keep an appointment the Customer
agreed to when the original commitment was made
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 30
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
D.Restoration of Service
When the Company providing local exchange is informed by a Customer of a local
exchange service outage, the Company will restore service within forty-eight(48)
hours after the report of the outage, except:
.1 For outages reported on Thursday, the company must restore service no later
than the following Monday by 6pm.; and
2 For outages reported on Friday, Saturday or Sunday, the company must
restore service no later than the following Tuesday by 6pm.
E.Extenuating Circumstances
Following disruption of telephone service caused by natural disaster or other causes
not within the telephone company's control and affecting large groups of customers,
or in conditions where the personal safety of an employee would be jeopardized, the
telephone company is required to use reasonable judgment and diligence to restore
service, giving due regard for the needs of various customers. When a customer
causes the customer's own service outage or does not make a reasonable effort to
arrange a repair visit within the service restoration deadline, or when the telephone
company determines that the outage is attributable to the customer's own equipment
or inside wire, the telephone company is not required to meet the restoration
timelines of Rule 502.01.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 31
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
E.Extenuating Circumstances
Following disruption of local exchange service caused by natural disaster or other
causes not within the Company's control and affecting large groups of Customers, or
in conditions where the personal safety on an employee would be jeopardized, the
Company is not required to provide the credit referred to in Subsection 503.01 as
long as it uses reasonable judgment and diligence to restore service, giving due
regard for the needs of various Customers and the requirements of the
telecommunications service priority (TSP) program. When a Customer causes the
Customer's own service outage or does not make a reasonable effort to arrange a
repair visit within the service restoration deadline, or when the Company determines
that the outage is attributable to the Customer's own equipment or inside wire, the
Company is not required to provide to that Customer the credit referred to in
Subsection 503.01.
F.Compliance Standard
Each month at least ninety percent (90%) of out-of-service trouble reports will be
cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a
monthly service record as described in Subsection 502.01 and will notify the
Commission whenever the record indicates the ninety percent (90%) level has not
been met for a period of three (3) consecutive months.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 32
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.11 Cancellation of Service/Termination Liability
If a Customer cancels a Service Order or terminates services before the completion of the term for any
reason whatsoever other than a service interruption (as defined in Section 2. 10.1 above), the Customer
agrees to pay to the Company termination liability charges, as defined below. These charges shall
become due as of the effective date of the cancellation or termination and be payable within the
period, set forth in Section 2.6.2.
2.11.1 Termination Liability
The Customer's termination liability for cancellation of service shall be equal to:
A.all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
B.any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of the Customer; plus
C.minus a reasonable allowance for costs avoided by the Company as a direct result of
the Customer's cancellation.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 33
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up to the
cancellation date. Customers that cancel the primary local exchange line will have the entire Account
disconnected, including any secondary line and all associated features. In the event the Customer
executes a term commitment agreement with the Company, the Customer must cancel service and
terminate the agreement in accordance with the agreement terms.
2.13 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
the services and facilities provided by the Company without the written consent of the other party,
except that the Company may assign its rights and duties:
2.13.1 to any subsidiary, parent company or affiliate of the Company; or
2.13.2 pursuant to any sale or transfer of substantially all the assets of the Company; or
2.13.3 pursuant to any financing, merger or reorganization of the Company.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 34
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.14 Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when 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 tariff.
2.14.1 Customer Liability for Fraud and Unauthorized Use of Company calling card.
A.The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company calling card, if such a card is offered by the Company,
or an accepted credit card, provided that the unauthorized use occurs before the
Company has been notified.
B.A Company calling card is a telephone calling card issued by the Company at the
Customer's request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls billed
to the Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied
for and received, or has signed, used, or authorized another person to use to obtain
credit. Any credit card issued as a renewal or substitute in accordance with this
paragraph is an accepted credit card when received by the cardholder.
C.The Customer must give the Company written or oral notice that an unauthorized use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
D.The Customer is responsible for payment of all charges for calling card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this tariff, unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse of the Customer's
service or Customer-provided equipment by third parties, the Customer's employees,
or the public.
The liability of the Customer for unauthorized use of the Network by credit card
fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification to
the Company.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 35
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.15 Use of Customer's Service by Others
2.15.1 Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsible for the
manner in which the joint use of the service will be allocated. The Company will accept
orders to start, rearrange, relocate, or discontinue service only from the Customer. Without
affecting the Customer's ultimate responsibility for payment of all charges for the service,
each joint user shall be responsible for the payment of the charges billed to it.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 36
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company shall
mail or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company's bills for service shall be mailed.
2.16.3 The Company shall designate on the service order an address to which the Customer shall
mail or deliver all notices and other communications, except that Company may designate a
separate address on each bill for service to which the Customer shall mail payment on that
bill.
2.16.4 Except as otherwise stated in this tariff, all notices or other communications required to be
given pursuant to this tariff will be in writing. Notices and other communications of either
party, and all bills mailed by the Company, shall be presumed to have been delivered to the
other party on the third business day following placement of the notice, communication or bill
with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
2.16.5 The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for
giving notice set forth herein.
2.17 Universal Emergency Telephone Number Service (911)
Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company central
office and trunking facilities whereby any telephone user who dials the numbers 911 will reach the
emergency report center for the telephone from which the number is dialed or will be routed to an
operator if all lines to an emergency report center are busy. If no emergency report center Customer
exists for a central office entity, a telephone user who dials the number 911 will be routed to an
operator. No call-specific charges apply to 911 calls.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 3
Original Page 1
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 3.0 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment, in areas
currently served by the following Incumbent LECs:
1)Qwest Corporation dba CenturyLink QC
2)Frontier Communications Northwest, Inc.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES
4.1 Service Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in service.
4.1.1 Service Order Charges
Primary Line Connection Charge - applies to requests for initial connection or establishment
of telephone service to the Company.
Secondary Line Connection Charge - applies to the second or additional line of a new access
line installation and connection and customer requests for an inside move, change or addition
to regular service. This charge applies only when the second or additional line is ordered
simultaneously with the initial connection for service.
Service Order Charge - applies to connection of new lines and to service orders associated
with Customer requests for change sin service, moves and the addition of services, including
calling features.
4.1.2 Rates
Charge Price
Feature Add or Change $10.00 per Order
Basic Service Change $10.00 per Order
Establishing or Re-arranging Hunting $10.00 per Order
Directory Listing Change $10.00 per Order
Invoice Change $25.00 per Order
Transfer of Service $25.00 per Order
Telephone Number Change $25.00 per Order
Line Signaling Change $25.00 per Order
Vanity Number Search $25.00 per Order
Establishing Dual Service $25.00 per Order
Expedite Service Charge (LWC/UNE) $50.00 per Order
Expedite Service Charge (Facilities 1 $200.00 per Day per Line
Expedite Service Charge (Ti Circuits) 1 $595.00 per Day per Circuit
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 2
LOCAL AND INTEREXCUANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.2 Restoral Charge
A restoration charge applies to the restoration of suspended service and facilities because of
nonpayment of bills and is payable at the time that the restoration of the suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of service,
service is later re-installed.
Residence Business
Restoration after temporary denial,
but prior to completion of order
to discontinue service $10.00 $10.00
4.3 Premise Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble resolution require a
visit to the Customer's premises. This charge applies in addition to the Technician Dispatch Charge.
Business Residential
Time and Materials $30.00 $30.00
After-hours Time and Materials $100.00 $100.00
Installation Charge— Hour $130.00 $130.00
Repair Charge - iS '/z Hour $165.00 $165.00
Repair Charge - Each Add'l V2 Hour $30.00 $30.00
Trip Charge $100.00 $100.00
ISSUED: - EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 3
LOCAL AND 1NTEREXCIIANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.4 Public Telephone Surcharge
In order to recover the Company's expenses to comply with the FCC's pay telephone compensation
plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all
intrastate calls that originate from any pay telephone used to access Company provided services. This
surcharge, which is in addition to standard tariffed usage charges and any applicable service charges
and surcharges associated with service, applies for the use of the instrument used to access Company
provided service and is unrelated to the service accessed from the pay telephone.
Pay telephones include coin-operated and coinless phones owned by local telephone companies,
independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to
the initial completed call and any reoriginated call (e.g., using the "#" symbol). The Public Pay
Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays
for service by inserting coins during the progress of the call.
Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing
the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not
transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be
billed on a subsequent invoice after the Company has obtained information from a carrier that the
originating station is an eligible pay telephone.
Rate Per Call: $0.55
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription
4.5.1 General
Carrier Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLATA and interLATA
toll calls. Such calls are automatically directed to the designated carrier, without the need to
use carrier access codes or additional dialing to direct the call to the designated carrier.
Presubscription does not prevent a Customer who has presubscribed to an IntraLATA or
InterLATA toll carrier from using carrier access codes or additional dialing to direct calls to
an alternative long distance carrier on a per call basis.
4.5.2 Presubscription Options - Customers may select the same carrier or separate carriers for
intraLATA and interLATA long distance. The following options for long distance
Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLATA and
InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carrier for IntraLATA calls
subject to presubscription and some other carrier as the presubscribed carrier for interLATA
toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intraLATA toll calls
subject to presubscription and the Company for interLATA toll calls subject to
presubscription.
Option D: Customer may select the carrier other than the Company for both intraLATA and
interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary intraLATA
interexchange carrier. The other carrier to be the Customer's primary interLATA
interexchange carrier.
Option F: Customer may select a carrier other than the Company for no presubscribed carrier
for intraLATA toll calls subject to presubscription which will require the Customer to dial a
carrier access code to route all intraLATA toll calls to the carrier of choice for each call.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 5
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.3 Rules and Regulations
Customers of record will retain their primary interexchange carrier(s) until they request that
their dialing arrangements be changed.
Customers of record or new Customers may select either Options A, B, C, D, E or F for
intraLATA Presubscription.
Customers may change their selected Option and/or presubscribed toll carrier at any time
subject to charges specified in 4.5.5 below:
4.5.4 Presubscription Procedures
A new Customer will be asked to select intraLATA and interLATA toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer's order for service. All new Customers' initial requests
for intraLATA toll service presubscription shall be provided free of charge.
If a new Customer is unable to make selection at the time the new Customer places an order to
establish local exchange service, the Company will read a random listing of all available
intraLATA and interLATA carriers to aid the Customer in selection. If selection is still not
possible, the Company will inform the Customer that he/she will be given 90 calendar days in
which to inform the Company of his/her choice for primary toll carrier(s) free of charge. Until
the Customer informs the Company of his/her choice of primary toll carrier, the Customer will
not have access to long distance services on a presubscribed basis, but rather will be required
to dial a carrier access code to route all toll calls to the carrier(s) of choice. Customers who
inform the Company of a choice for toll carrier presubscription within the 90 day period will
not be assessed a service charge for the initial Customer request.
Customers of record may initiate a intraLATA or interLATA presubscription change at any
time, subject to the charges specified in 4.5.5 below. If a Customer of record inquires of the
Company of the carriers available for toll presubscription, the Company will read a random
listing of all available intraLATA carriers to aid the Customer in selection.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.5 Presubscription Charges
A.Application of Charges
After a Customer's initial selection for a presubscribed toll carrier and as detailed in
above, for any change thereafter, an Presubscription Change Charge, as set for the
below will apply. Customers who request a change in mtraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
B.Nonrecurring Charges
Per business or residence line $10.00
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 1
LOCAL AND INTEREXCIIANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE
5.1 General
5.1.1 Call Timing for Usage Sensitive Services
Where charges for a service are specified based on the duration of use, such as the duration of
a telephone call, the following rules apply:
5.1.1 Calls are measured in durational increments identified for each service. All calls
which are fractions of a measurement increment are rounded-up to the next whole
unit.
5.1.2 Timing on completed calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this
signaling is provided by the terminating local carrier and any intermediate carrier(s).
5.1.3 Timing terminates on all calls when the calling party hangs up or the Company's
network receives an off-hook signal from the terminating carrier.
5.1.4 Calls originating in one time period and terminating in another will be billed in
proportion to the rates in effect during different segments of the call.
5.1.5 All times refer to local time.
5.1.2 Calculation of Distance
The Company does not offer services rated by distance.
5.1.3 Time of Day
The Company does not offer services rated by time of day.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.2 Reserved for Future Use.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.3 Reserved for future use.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.3 Reserved for Future Use
ISSUED: - EFFECTIVE:
Issued by
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.4 Reserved for Future Use
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.4 Reserved for Future Use. BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 7
LOCAL AND 1NTERFXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.1 BirchNet Basic Line (1)
Basic Line
Unlimited Local,Intra-LATA Long Distance
Caller ID - Name and Number
Call Waiting
Hunting
Toll Free service is available with this product see "Toll Free Service" in a
later section for rates BirchNet Basic Line is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement.
Early Termination Fees are calculated using the following formula: $100x
Months Remaining. The termination penalty will apply per location on the
original contract or any subsequent renewal of the contract.
Customers may accept or decline the feature(s); however, declining the
feature(s) will not reduce the package monthly rate. If more features are
chosen with the BirchNet Basic Line bundle, standard rates will apply.
The availability of certain features depends on feature availability. Some
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
features are only available to residential customers. Some features are only
available to business customers. Additional calling features maybe added to
the Basic Line.
Outbound Long Distance is rated at $.049/min, where available.
Caller ID with Name and Number—Caller ID with Name and Number
(Caller ID) enables the terminating Customer to identify the calling party by
displayed name and/or number before the call is answered. Caller ID
Customers must provide and connect their own compatible CPE.
Product may not be available in all CLLIs.
An additional charge will apply when adding Birch Unified Messaging or
Voicemail to the line. There is a maximum of 3 extensions per box.
(1) Not currently available for new service.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 8
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.2 BirchNet Essentials (3)
1. BirchNet Essentials is equipped with:
Basic Line with Unlimited Features
Hunting
Unlimited Local Intra-LATA Long Distance
200 Minutes of Domestic Inter-LATA Long Distance
Toll Free service is available with this product see "Toll Free Service" in a later section
for rates BirchNet Essentials is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement. Early
Termination Fees are calculated using the following formula: $100 x x Months
Remaining. The termination penalty will apply per location on the original contract or
any subsequent renewal of the contract.
Customers may accept or decline the feature(s); however, declining the feature(s) will not
reduce the package monthly rate.
The availability of certain features depends on feature availability. Some features are
only available to residential customers. Some features are only available to business
customers.
Customers may choose to use another carrier for their long distance purposes; however,
declining the Birch long distance will not reduce the package monthly rate.
BirchNet Essentials will only be available to Birch Local Service Customer locations in
which the customer subscribes to no greater than 10 lines for domestic local toll and
interLATA toll outbound calls from the business location. Customers are required to
convert all of their off-net business lines, (restrictions listed below), per location, to
BirchNet Essentials in order to qualify for this service. Multi-location customers may
choose the service per location. Birch may cancel this service if all lines at location do
not have this product.
An additional discounted charge will apply when adding Birch Unified Messaging or
Birch Voicemail to BirchNet Essentials. There is a maximum of 3 extensions per
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
voicemail box.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 9
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.2 BirchNet Essentials cont'd
2.200 Minute Long Distance Calling Block for BirchNet Essentials (1):
Block of Time per Month (1)
200 Minutes of Inter-LATA
Domestic Long Distance
Additional Minutes
3.BirchNet Essentials Inclusive Feature List 2 :
Overage Usage Rate per Minute
Included in bundle
$.049
Anonymous Call Rejection, per line
Call Block
Call Forwarding
Call Forwarding Busy Line
Call Forwarding Don't Answer
Call Return
Call Selector
Call Tracing
Call Waiting
Caller ID
Caller 1]) Deluxe
Calling number delivery blocking, per line
Distinctive Ringing Service
Enhanced Caller ID
Preferred Call Forwarding
Remote Access - Call Forwarding Variable
Repeat Dialing
Selective Class of Call Screening
Speed Calling
Three-Way Calling
Long distance Block of Time allotment applies to all domestic 1+ direct dialed minutes of use. Free long distance is only
applicable to standard outbound domestic long distance only, originating from Birch customer to the 48 contiguous US States,
and does not apply to calls to HI, AK, or US territories (Puerto Rico, Guam, USVI, No. Marianas). Standard rates will apply for
any overage beyond any inclusive block of minutes, and all calls made to AK, HI, and U.S. territories (Puerto Rico, Guam,
USVI, and No. Marianas). All other types of calls, (Operator Assisted Long Distance calls, OS/DA, International, Toll Free,
Calling Card, etc.), will be rated at standard rate according to the rate tables established for the calls. (2) The availability of certain features depends on feature availability. Some features are only available to business customers.
ISSUED: EFFECTIVE:
Issued by:
Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
(3) Not currently available for new service.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.3 BirchNet Value Line
BirchNet Value Line is equipped with a Basic Line.
Outbound Long Distance is rated at $.06Imin, where available.
Toll Free service is available with this product see "Toll Free Service" in a later section for
rates BirchNet Basic Line is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement. Early
Termination Fees are calculated using the following formula: $100 x Months Remaining.
The termination penalty will apply per location on the original contract or any subsequent
renewal of the contract.
If features are needed with the BirchNet Value Line, standard rates located in section 3 below
will apply. The availability of certain features depends on feature availability. Some features
are only available to residential customers. Some features are only available to business
customers.
An additional charge will apply when adding Birch Unified Messaging or Birch
Voicemail to BirchNet Value Line. There is a maximum of 20 extensions per voicemail
box.
Additional features can be added to this line.
2. Optional Calling Features
Features Offered on a Usage Sensitive Basis
The Customer will be billed the Per Feature Activation Charge each time the feature is used
by the Customer. Customers may subscribe to these features on a monthly basis to obtain
unlimited use of the feature for a fixed monthly charge.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 11
LOCAL AND INTEREXCHANGE SERVICES TARIFF -
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.4 BirchNet Pricing
BirchNet Value Line
12 month contract - $41.95
24 month contract - $41.95
36 month contract - $41.95
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES
6.1 Custom Calling Features
The features in this section are made available to residential and business Customers. All features are
provided subject to availability. Features may not be available with all classes of service. Transmission
levels may not be sufficient in all cases.
6.1.1 Feature Descriptions
Call Forward— Automatically routes incoming calls to a predetermined telephone number.
Call Waiting - Signals the Customer with a burst of tone to indicate that another call is
waiting. The second call can either be answered by flashing the switchhook or hanging up the
phone and being rung back by the caller.
Call Waiting ID - Includes all the features of Call Waiting and additionally provides for the
display of the second caller's name and telephone number on Caller ID compatible Customer
premises equipment.
Three—Way Calling - Allows the Customer to add a third party to an existing conversation.
Speed Calling 8—Allows the Customer to dial an abbreviated code to originate a call to any of
8 programmed telephone numbers.
Speed Calling 30— Allows the Customer to dial an abbreviated code to originate a call to any
of 30 programmed telephone numbers.
Priority Call - Allows a Customer to assign a maximum of fifteen (15) callers' telephone
numbers to a special list. The customer will hear a distinctive ring at his location when calls
are received from callers' telephone numbers on that list.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.2 Description of Features, Cont'd.
Auto Call Back (*69) - Automatically redials the last incoming call.
Auto Redial - Automatically redials a busy number for up to 30 minutes until line is
available.
Caller ID with Name - Provides for the display of the calling party name and telephone
number on Caller ID compatible Customer premises equipment.
Distinctive Ring - Allows Customers to designate up to two additional telephone numbers
from which incoming calls will have a distinctive ring.
Anonymous Call Rejection - Allows a customer to reject calls from callers who have activated
the Selective Blocking feature in order to prevent the display of their telephone name/number.
Caller Originating Trace - Allows the Customer to dial a Call Trace activation code to initiate
a trace of the last incoming call without obtaining prior legal authorization or assistance from
the Company. The results of a completed trace will be recorded in the Central Office and will
be made available only to law enforcement agencies, as directed by the Customers.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.3 Rates and Charges
A. Features Offered on Monthly Basis
The following optional calling features are offered to Customers on a monthly basis.
Customers are allowed unlimited use of each feature. No usage sensitive charges
apply. Multiline Customers must order the appropriate number of features based on
the number of lines which will have access to the feature.
Monthly Recurring Charge
Feature Business Residential
Call Forwarding Busy Line Don't Answer 5.00
Call Forwarding Busy Line (overflow) Don't Answer 6.50 1.10
Call Forwarding Don't Answer 3.50 .90
Call Forwarding Don't Answer (expanded) 4,00 2.20
Call Forwarding Don't Answer (programmable) 5.00 2.85
Call Forwarding Variable 5.00 3.30
Call Rejection 4.05 4.95
Call Transfer 6.00 6.60
Call Waiting 7.50 4.95
Call Waiting Identification 6.75 4.95
Caller ID with Privacy + N/A 10.95
Caller Identification - Name and Number 7.15 6.55
Caller Identification - Number 6.75 6.05
Continuous Redial 3.15 3.85
Dial Call Waiting 1.95 2.35
Direct Dial Call Pick Up .90 1.10
Distinctive Alert .90 1.10
Last Call Return 2.70 3.25
Priority Call 3.15 3.85
Remote Access Forwarding 7.20 5.50
Call Forwarding - Busy Line Expanded 5.00 1.40
Call Forwarding - Busy Line External 3.00 N/A
Call Forwarding - Busy Line Overflow 4.09 .35
Call Forwarding - Busy Line Programmable 5.40 2.05
Scheduled Forwarding 8.95 N/A
Selective Call Forwarding 3.15 3.85
Three Way Calling 4.05 3/85
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 4
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.3 Rates and Charges, Cont'd.
B. Features Offered on a Usage Sensitive Basis
The following features are available to all local exchange Customers where facilities
and services permit. Customers may utilize each feature by dialing the appropriate
access code. The Customer will be billed a per use charge each time the feature is
used by the Customer. Customers may choose to subscribe to these features on a
monthly basis to obtain unlimited use of these features for a fixed monthly charge.
Custom Calling Feature Per Use
Residence Business
Call Trace 1.00 1.00
Usage Basis Continuous Redial .75 .75
Last Call Return .75 .75
Three Way Calling .75 .75
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services
6.2.1 Directory Assistance
A.General
A Customer may obtain assistance, for a charge, in determining a telephone number
by dialing Directory Assistance Service. A Customer can also receive assistance by
writing the Company with a list of names and addresses for which telephone numbers
are desired.
B.Regulations
There are no call allowances for Directory Assistance Services. A Directory
Assistance Charge applies for each call to Directory Assistance for telephone
number(s), area code(s), and/or general information requested from the Directory
Assistance operator except as follows:
a)Calls from coin telephones, including COCOTS (Customer Owned
Coin Operated Telephone Sets).
b)Requests in which the Directory Assistance operator provides an
incorrect number. The Customer must inform the Company of the
error in order to receive credit.
C) Customer experiences poor transmission or is cut off during the call.
d) Customers will be provided with a maximum of two (2) telephone
numbers for each call to Directory Assistance.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services, Cont'd.
6.2.1 Directory Assistance, Cont'd.
C. Rates
Per Call to Directory Assistance: $2.00
Directory Assistance Call Completion $1.56
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho TariffNo. 1
Section 6
Original Page 7
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.3 Local Operator Service
Local calls may be completed or billed with the live or mechanical assistance by the Company's
operator center. Calls may be billed collect to the called party, to an authorized 3rd party number, to
the originating line, or to a valid authorized calling card. Local calls may be placed on a station to
station basis or to a specified party (see Person to Person), or designated alternate. Usage charges for
local operator assisted calls are those usage charges that would normally apply to the calling party's
service. In addition to usage charges, an operator assistance charge applies to each call:
6.3.1 Rates
Usage Rates
Usage charges will be billed at the rate in effect for the presubscribed service plan
purchased by the Customer. See Section 5 of this tariff.
Per Call Service Charges
Busy Line Verification $1.25
Busy Line Interrupt $2.00
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 8
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.4 Busy Line Verification and Emergency Interrupt Service
Upon request of a calling party the Company will verify a busy condition on a designated local service
line. The operator will determine if the line is clear or in use and report to the calling party. At the
request of the Customer, the operator will interrupt the call on the busy line. Emergency Interruption is
only permitted in cases where the calling party indicates an emergency exists and requests interruption.
If the Customer has the operator interrupt a call, both the Busy Line Verification and the Emergency
Interrupt charge will apply.
No charge will apply when the calling party advises that the call is to or from an official public
emergency agency. Busy Verification and Emergency Interrupt Service is furnished where and to the
extent that facilities permit.
The Customer shall identify and save the Company harmless against all claims that may arise from
either party to the interrupted call or any person.
Busy Line Verification: $1.25
Busy Line Interrupt $2.00
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 9
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service
6.5.1 Directory Listing Definitions
Primary Listing - One listing, termed the primary listing, is included with each Customer's
service with the primary line of a line hunting group and with each Joint User service.
Non-Listed Number (Private Directory Service) - A Non-Listed Number will be furnished at
the Customer's request, providing for the omission or deletion of the Customer's listing from
the telephone directory. Such listings will be carried in the Company's directory assistance
and other records and will be given to any calling party.
Non-Published Number (Semi-Private Directory Service) - A Non-Published Number will be
furnished at the Customer's request. A Non-Published Number is not listed in the telephone
Company's directories, or on directory assistance records. Listing information (name, address
and number) on a Non-Published Number is not available to the general public.
Additional Listings - At a charge, additional listings may be included in the alphabetical
directory and on directory assistance records, or appear on directory assistance records only.
The monthly rate for additional listings apply when the listings appear in Directory Assistance
records in accordance with the date requested by the Customer.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service, Cont'd.
6.5.2 Rates
Primary Listing
Additional Listings
Non-Listed Number, per account
Non-Published Number, per account
Monthly Recurring Charge
Residence Business
$1.65 $1.90
$0.95 $1.71
$2.00 $1.60
$2.20 $2.20
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 7
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 7.0 - LONG DISTANCE SERVICES AND RATES
7.1 General
Long Distance service is only available in conjunction with local service.
7.2 Default Rate
Default (also known as Casual) Rate: A per-minute rate, with a three-minute minimum,
is applicable to interLATA or intraLATA intrastate calls placed by callers who access
Birch Telecom service by dialing Birch's 101 OXXXX numbers or are no longer a Birch
Telecom local customers but did not change their long distance carrier.
This charge does not apply to any former business customers who qualify
for Birch Long Distance Only Plans.
Per Minute Default Usage Rate All Times of Day $.099
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 7
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 7.0 - LONG DISTANCE SERVICES AND RATES
7.3 Additional Services and Charges
Long Distance Only Monthly Recurring Charge $4.95
Payphone Origination Charge $0.55
Monthly Minimum Charge - Long Distance Only $4.95
Toll Free per Line $5.00
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108