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HomeMy WebLinkAboutCANCELLED_IntelePeer Inc IXC_Replace by CLEC.pdfIntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. Tariff Schedule Applicable to Resold and Facilities-Based Competitive Local Exchange and Interexchange Services Furnished by IntelePeer, Inc. Between Points Within the State of Idaho This tariff contains the descriptions , regulations , and rates applicable to the furnishing of service for telecommunications services provided by IntelePeer, Inc. with principal offices at 2855 Campus Drive, Suite 200 , San Mateo , CA 94403. This tariff applies 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. Issued: December 2009 Effective:2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 Campus Drive , Suite 200 Office of the Secretary San Mateo CA 94403 CCEPTED FOR FILING :;: DEC 2 7 2009 j' ", :" ';;,0 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. CHECK SHEET The sheets of this tariff inclusive herein are effective as of the date shown at the bottom of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this sheet. Paqe Number of Revision Paqe Number of Revision Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Issued: December 2009 Effective:2009 Issued By: A/7323938\. Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission2855 Campus Drive, Suite 200 Office of the Secretary San Mateo, CA 94403 ACCEPTED FOR FILING 0 E C 2 7 2009 Boise, Idaho , . IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. CHECK SHEET (Cont'd) Paqe Number of Revision Original Original Original Original Original 20092009Effective:Issued: December Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho P~blic Utilities Commission 2855 C D' S t 200 OffIce of the Secretaryampus rive UI e ACCEPTED FOR FILING San Mateo, CA 94403 ~~.:. DEC 2 7 2009 A/73239381.l Boise. Idaho : ' IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. T able of Contents Title Sheet...................................................................................................................... Check Sheet................................................................................................................... Table Of Contents .......................................................................................................... Explanation of Symbols Sheet ....................................................................................... Tariff Format .................................................................................................................. Contact Information...................................................... ............................. ......... ............ Section 1. - Technical Terms and Abbreviations ........................................................... 9 Section 2. - Rules and Regulations ............................................................................. 12 Undertaking of the Company............... .......... ...... ............... ............................ 12 2 Limitations....................................................................................................... Obligations of the Customer ........................................................................... 142.4 Liability of the Company ................................................................................. 18 Application for Service .................................................................................... 24 Payment for Service """"""""""""""""""""""""""""""""""""""""""'" 26 Customer Deposits ......................................................................................... Customer Complaints and Billing Disputes..................................................... 29 Allowances for Interruptions in Service........................................................... 30 10 Taxes and Fees .............................................................................................. 11 Returned Check Charge ................................................................................. 33 12 Restoration of Service .................................................................................... 13 Special Customer Arrangements.............. .......... ............................................ 14 Disconnection and Termination of Service ..................................................... 35 15 Unlawful Use of Service.................................................................................. 39 16 Interference With or Impairment of Service ....................................................40 18 Incomplete Calls...... ........................................................... ........... ................. 19 Overcharge/Undercharge................... ..................... ................................. ...... 20 Notices ........................................................................................................... 21 Emergency Calling.......................................................................................... Issued: December _2009 Effective:' 2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive , Suite 200 San Mateo, CA 94403 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING 0 E C 2 7 2009 A/73239381.l : -- - ___ Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. Table of Contents (Cont'd) Section 3. - Description of Service.............................................................................. 44 Local Exchange Services................................................................................ Long Distance Services .................................................................................. Directory Assistance .......................................................................................3.4 Custom Calling Services................................................................................. Promotional Offerings ..................................................................................... Individual Case Basis ("ICB") Offerings ..........................................................47 Section 4. - Rates........................................................................................................ Calculation of Rates. ........................................................ ..... .......................... Local Exchange Service................................................................................. 49 Long Distance Service....................................................................................4.4 Directory Assistance Service.......................................................................... 52 Custom Calling Services................................................................................. 52 Section 5. -lntraLATA Toll Presubscription ................................................................. 1 General........................................................................................................... Presubscription Charge Application................................................................ 54 End User/Pay Telephone Service Provider Charge Discrepancy Anti-Slamming Measure ) """""""""""""""""""""""""""........................ Rates and Charges......................................................................................... Section 6. - Miscellaneous Services and Charges ....................................................... 59 Issued: December _2009 Effective:' 2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managemel1t publ r~' . luano ,flies ommlSSlonI ntelePeer, I nc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 ~. , A/73239381.l DEC 2 7 2009 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. (C) (0) (I) (M) (N) (R) (8) (T) Explanation of Symbols - To signify changed listing, rule or conditions which may affect rates or charges - To signify discontinued material, including a listing, rates rule 0 condition - To signify an increase in a rate - To signify text or rates relocated without change - To signify a new material including listing, rate rule or condition - To signify a reduction in a rate - To signify reissued regulations - To signify a change in wording of text but no change in rate , rule or condition Issued: December _2009 Effective:2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managemen~, ,.. , . IntelePeer, Inc. Tdaho ~ubllc Ut~lltles Commission Office of tr:e Secret~ry55 amp us Drive Ulte 200 ACCEPTED FOR FILING San Mateo , CA 94403 DEC 2 7 2009 Boise, Idaho L ~ IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. TARIFF FORMAT Page Numbering - Page numbers appear in the upper right corner of thepage. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between Page 14 and 15 would be 14. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example , the 4 revised Page 14 cancels the 3rd revised Page 14. Paragraph Numbering Sequence - There are various levels of paragraph coding. Each level of coding is subservient to its next higher level: Check Sheets - When a tariff filing is made with the Commission , an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tariff, with a cross-reference to the current revision number. When new pages are added , the Check Sheet is changed to reflect the revision. An asterisk designates all revisions made in a given filing (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same , just revised revision levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. Issued: December _2009 2009Effective: Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho ~~blic ,Utilities Commission 285 200 Office or the Secretaryampus rive Ulte ACCEPTED FOR FlUNG San Mateo , CA 94403 A/7323938 1.1 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. CONTACT INFORMATION IntelePeer, Inc. 2855 Campus Drive , Suite 200 San Mateo, CA 94403 Phone: (650) 525-9200 Fax: (650) 287-2628 Customer Contacts - For establishment of service, complaints, and inquiries regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 1-866-780-8639 Commission Contacts - For complaints and customer inquiries: For matters concerning tariffs and regulatory affairs: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive , Suite 200 San Mateo , CA 94403 Phone: (650) 525-9200 Fax: (650) 287-2628 jbarg houth i(fg i nte lepeer. com ' 2009Issued: December -' 2009 Effective: Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho P~b'ic Utilities Commission 2855 Campus Drive Suite 200 ACC Office of the Secretary San Mateo CA '94403 EPTED FOR FILING A/73239381.1 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. Section 1.TECHNICAL TERMS AND ABBREVIA TlaNS Access Lines" refer to telephone facilities which permits access to and from the Customer s premises and the telephone exchange or serving central office. Applicant" refers to an individual, partnership, corporation, association , or government agency who applies to the Company for any new or additional telephone service. Application" refers to a request made in writing for telephone service. Business Hours" refers to the time after 8:00 AM. and before 5:00 P., Monday through Friday excluding holidays. Central Office" refers to Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Company" refers to IntelePeer, Inc. Commission " refers to the Idaho Public Utilities Commission. Completed call" is a call which the Company s network has determined has been answered by a person, answering machine , fax machine, computer modem device, or other answering device. Customer" refers to the firm , company, corporation, or other entity that contracts for service under this tariff and that is responsible for the payment of charges as well as compliance with the Company s regulations pursuant to this tariff. Delinquent or Delinquency" refers to an account for which payment has not been paid in full on or before the last day for timely payment. Issued: December -' 2009 Effective:2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 200 Office of the Secretaryampus riVe UI e ACCEPTED FOR FILING San Mateo , CA 94403 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No.1 0 Section 1. TECHNICAL TERMS AND ABBREVIA TION~Cont' Local Access Transport Area ("LATA")" refers to a geographical area established by the U.S. District Court for the District of Columbia in Civil Action No. 820192. Nonrecurring Charges" refer to a one-time charge associated with given service or item of equipment which applies on a per-service and/or per item basis each time the service or item of equipment is provided. Recurring Charges" refer to charges to a Customer for services , facilities and equipment, which recur monthly for the agreed upon duration of the service. Service" refers to any telecommunications service(s) provided by the Company under this tariff. Service Order" refers to the written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared" refers to a facility or equipment system or subsystem that can be used simultaneously by several Customers. Station" refers to a telephone instrument consisting of a connected transmitter receiver, and associated apparatus to permit sending or receiving telephone messages. Tariffs" refer to the tariffs, price lists, and generally applicable terms and conditions on file with a state or federal regulatory authority or publicly available on the Company s website in accordance with the regulations of a state or federal regulatory authority. Issued: December 2009 Effective:2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managem~mo Public U . . . IntelePeer Inc. hI/ties Commission Tlee of the Seeretar2855 Campus Drive , Suite 200 ACCEPTED FOR F,t'NG San Mateo , CA 94403 EC 2 7 2009 Boise, Idaho '. ' IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. Section 1. TECHNICAL TERMS AND ABBREVIA TION~Cont' Telephone Numbers" refer to The North American Numbering Plan (NPA-NXX- XXXX) numbers assigned to customers and used in conjunction with the Services provided pursuant to this tariff. Issued: December _2009 Effective:2009 Issued By: A/7323938 1 , Julie Barghouthi Sr. Vice President Product Development & Access Manag~ment '" , , , IDaho PUD iC tillties CommiSSionnte e eer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 2009 Boise, Idaho !.. .. IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 12 SECTION 2. RULES AND REGULATIONS Undertaking of the Company 1.4 IntelePeer has been authorized by the Commission to provide competitive local exchange and interexchange services on a facilities-based and resold basis , that originate and terminate in the State of Idaho. This tariff sets forth the service offerings rates, terms and conditions applicable to the furnishing of services to business customers within the Qwest Corporation service areas. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Commission. The Company installs (or may utilize vendors service to install), operates and maintains the communications services provided herein in accordance with the terms and conditions set forth under this tariff. It may act as the customer s agent for ordering access connection facilities provided by other carriers or entities when authorized by the customer, to allow connection of a customer location to the Company network. The customer shall be responsible for all charges due for such service arrangement. The Company s services are provided on a monthly basis unless ordered on a longer term basis, and are available twenty-four hours per day, seven days per week. The Company services are available to business/non- residential customers. Effective:2009Issued: December _2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managern~J1t T 'IC tl.lt!es Commissionnee eer, nc. Office of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 DEC 2 '( 2009A/73239381.l Boise, Idaho J:. - , IntelePeer , Inc. Idaho P.C. Tariff No. Original Sheet No. 13 SECTION 2. RULES AND REGULATIONS Limitations Service is offered subject to the provisions of this tariff. The Company reserves the right to discontinue furnishing service, or limit the use of service necessitated by conditions beyond its control: or when the customer is using service in violation of the law or the provisions of this tariff. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions for service. Issued: December _2009 Effective:2009 Issued By:Julie Barghouthi Idaho Public Utilities Com ' . Sr. Vice President Product Development & Access Manageme~bc~ffice of the Secreta ~'Sslon IntelePeer, Inc. PTED FOR FlUNG 2855 Campus Drive, Suite 200 0 EC 2 7 2009San Mateo, CA 94403 A/73239381.1 Boise. Idaho --~-- , -.. - "- . ,,~ IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 14 SECTION 2. RULES AND REGULATIONS (Cont' Obligations of the Customer The customer shall be responsible for: The payment of all applicable charges pursuant to this tariff. Reimbursing the Company for damage to , or loss of the Company s equipment caused by the acts or omissions of the customer; or the noncompliance by the customer, with these regulations, or by fire or theft or other casualty on the customer s premises unless caused by the negligence or willful misconduct of the employees or agents of the Company. Providing at no charge , as specified from time to time by the Company, any needed space and power to operate the Company s equipment installed on the customer s premises. Issued: December _2009 Effective:2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managemantpubl1(I'ano I I lies ommlSSlonIntelePeer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 0 E C 2 7 2009A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 15 SECTION 2. RULES AND REGULATIONS (Cont' 3 Obligations of the Customer (Cont'd) 1.4 Complying with all laws and regulations regarding the working conditions on the premises at which the Company employees and agents shall be installing or maintaining the Company s equipment. The customer may be required to install and maintain the Company s equipment within a hazardous area if, in the Company s opinion , injury or damage to the Company s 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 prior to any installation work. 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 the Company s equipment in any customer premises for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein , removing the equipment of the Company. Making Company equipment available periodically for maintenance purposes at a time agreeable to both the Company and the customer. No allowance for interruptions in service will be made for the period during which service is interrupted for such purposes. Issued: December _2009 Issued By: Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission2855 Campus Drive , Suite 200 Office of the Secretary San Mateo CA 94403 ACCEPTED FOR FILING DEC 2 7 2009 A/73239381.l Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 16 SECTION 2. RULES AND REGULATIONS (Cont' Obligations of the Customer (Cont' With respect to any service provided by the Company, the customer shall indemnify, defend and hold harmless the Company from all claims , actions , damages, liabilities, costs and expenses for: Any loss, destruction or damage to property of the Company or any third party, or injury to persons including, but not limited to , employees or invitees of either the Company or the customer, to the extent caused by or resulting from the negligent or intentional act or omission of the customer, its employees, agents representatives or invitees; or Any claim , loss, damage, expense or liability for infringement of any copyright, patent , trade secret, or any proprietary infringement of any copyright, patent trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the customer. 3 The customer is responsible for ensuring that customer-provided equipment connected to Company equipment is compatible with such equipment. The connection , operation , testing, or maintenance of such equipment shall be such as not to cause damage to the Company-provided equipment or injury to the Company s employees or other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the customer s expense. 3.4 The Company s services may be connected to the services or other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs or contracts which are applicable to such connections. Issued: December _2009 Effective:' 2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer Inc. Idaho Public Utilities Commission . ' Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 A/73239381.1 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 17 SECTION 2. RULES AND REGULATIONS (Cont' Obligations of the Customer (Cont'd) 5 Upon reasonable notification to the customer, and at a reasonable time , the Company may make such tests and inspections as may be necessary to determine that the customer is complying with the requirements set forth in this tariff for the installation , operation , and maintenance of customer-provided facilities and equipment that is connected to Company-owned equipment. Issued: December _2009 Effective:2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission2855 Campus Drive Suite 200 Office of the Secretary San Mateo CA '94403 ACCEPTED FOR FILING A/73239381.1 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 18 SECTION 2. RULES AND REGULATIONS (Cont' 2.4 Liability of the Company 2.4.Limitations on Liability (A) (B) (C) Except as otherwise stated in this section , the liability of the Company for damages arising out of either: (1) the furnishingof 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. Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2., 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. 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: December -2009 Issued By: Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Manaaement ,,' IntelePeer Inc 'l'daho Public ~t!llt!~s Commission Office OT the Secretary2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 DEC 2 72009A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 19 SECTION 2. RULES AND REGULATIONS (Cont' 2.4 Liability of the Company (Cont'd) 2.4.Limitations on Liability (Cont'd) (D)The Company shall not be liable for any claims for loss or damages involving: 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; 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 facilities and services; Libel , slander, invasion of privacy or infringement of patents, trade secrets , or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services; Issued: December -' 2009 Issued By: Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 Campus Drive , Suite 200 Office of the Secretary San Mateo CA 94403 ACCEPTED FOR FILING DEC 2 72009 A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 20 SECTION 2. RULES AND REGULATIONS (Cont' 2.4 Liability of the Company (Cont'd) 2.4.Limitations on Liability (Cont'd) Breach in the privacy or security of communications transmitted over the Company s facilities; 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 liability is limited as set forth in Paragraph A Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; 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 facilities equipment connected or to be connected to the Company facilities; Issued: December _2009 Issued By: Effective:' 2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho ~~blic Utilities Commission Office of the Secretary2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 A/73239381.l 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 21 SECTION 2. RULES AND REGULATIONS (Cont' 2.4 Liability of the Company (Cont'd) 2.4.Limitations on Liability (Cont' Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee responsibilities for the Company and/or is not authorized by the Company; 10.Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Tariff; 11.Any act or omission in connection with the provision of 911 E911 , or similar services; 12.Any noncompletion of calls due to network busy conditions; 13.Any calls not actually attempted to be completed during any period that service is unavailable. Issued: December -' 2009 Issued By: Effective:' 2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Pl!blic Utilities Commission 2855 200 Office of the Secretaryampus rive Ulte ACCEPTED FOR FILING San Mateo, CA 94403 A/7323938 1. 1 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 22 SECTION 2. RULES AND REGULATIONS (Cont' 2.4 Liability of the Company (Cont'd) 2.4.Limitations on Liability (Cont'd) (E) (F) The Company shall be indemnified , defended and held harmless by the Customer or end user from and against any and all claims, loss, demands, suits, expense , or other action or any liability whatsoever, including attorney fees , whether suffered , made, instituted , or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons , and for any loss , damage or destruction of any property, including environmental contamination , whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation , operation failure to operate, maintenance presence , condition , location , use or removal of any Company or Customer equipment or facilities or service provided by the Company. The Company does not guarantee nor make any warranty with respect to installations provided , by it for use in an explosive atmosphere. The Company shall be indemnified defended and held harmless by the Customer from and against any and all claims , loss, demands, suits, or other action , or any liability whatsoever, including attorney fees whether suffered, made instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss , damage or destruction of any property, including environmental contamination , whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation , operation , failure to operate maintenance, presence , condition , location , use or removal of any equipment or facilities or the service. Issued: December _2009 Issued By: Effective:' 2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381.1 Idaho ~~blic Utilities Commission Orflce of the Secretary ACCEPTED FOR FILING DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 23 SECTION 2.RULES AND REGULATIONS (Cont' 2.4 Liability of the Company (Cont'd) 2.4.Limitations on Liability (Cont'd) (G) (H) The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities , or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities. THE INCLUDED EXCULPATORY 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. Effective:2009Issued: December _2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access ManagEnlj~%blic W ltl Com ' , miSSionIntelePeer, Inc. Offl~e of the Secr€'tary 2855 Campus Drive , Suite 200 ACCEPfED FOR FiLING San Mateo , CA 94403 A/73239381.1 DEC 2 7 2009 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 24 SECTION 2. RULES AND REGULATIONS (Cont' Application for Service 1 Minimum Contract Period Except as otherwise provided, the minimum contract period is one month for all services furnished. However, if a new customer notifies the Company within twenty days after receipt of the first bill that certain services or equipment are not desired, the Company will delete such services or equipment from the customer s account without a record keeping or service ordering charge. The customer nonetheless shall be responsible for all monthly usage and installation charges incurred for the use of such service and equipment. Except as provided in 2., the length of minimum contract period for directory listings, and for joint user service where the listing actually appears in the directory, is the directory period. The directory period is from the day on which the directory is first distributed to customers to the day the succeeding directory is first distributed to customers. The Company may require a minimum contract period longer than one month in connection with special , non- standard types or arrangements of equipment necessary to meet special demands for service. Effective:' 2009Issued: December _2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managem~nt bl' ' , , IntelePeer Inc IC U!'litles Commission rice 0 the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 A/73239381.1 DEC 2 72009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 25 SECTION 2. RULES AND REGULATIONS (Cont' Application for Service (Cont'd) Cancellation of Service Where the applicant cancels an order for service prior to the start of the installation no charge shall apply, except to the extent the Company incurs a service order or similar charge from a supplying carrier. Subject to any necessary notice and approval by the Commission , the Company reserves the right to redefine its regions, add new regions, or remove regions from its current offering, as it deems appropriate in its sole discretion and will provide the Customer with at least thirty (30) days' notice of any change in the definition of the Company s regions. Subject to any necessary notice and approval by the Commission , in the event that the Company plans to exit a current region , the Customer shall be provided with thirty (30) days prior written notification of the Company s intent. The Customer shall be allowed to immediately terminate services in the affected region without penalty. Effective:2009Issued: December _2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managemefttlho Public Utilities Commission IntelePeer, Inc. Office of the Secretary 2855 Campus Drive, Suite 200 CCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 It 2009A/73239381.1 Boise, Idaho , , c- '-".,--" "" IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 26 SECTION 2. RULES AND REGULATIONS (Cont' Payment for Service The Company will bill Customer monthly, with recurring charges being billed in advance and any usage charges billed in arrears. Payment is due upon receipt by Customer and payable within thirty (30) days of the Bill Date (the "Due Date ). The customer is responsible for payment of all charges for service furnished to the customer. Charges based on actual usage during a month will be billed monthly in the month following the month in which the service was used. All fixed monthly and nonrecurring charges for services ordered will be billed monthly in advance. Payments are past due if not received by the Company by the Due Date. A late payment charge of 1.5% will be assessed on all unpaid balances more than thirty (30) days old. Bills not paid within thirty (30) days of the Bill Date and which have not been disputed in accordance with the procedures set forth in Section 2.1 of this tariff, may result in suspension of service until the overdue payments and any additional charges that may be imposed to restore service have been paid. Customer agrees to pay all costs incurred by the Company in collecting any unpaid amounts , including attorneys' fees. The Company reserves the right to require from an applicant for service advance payments of fixed charges and nonrecurring charges. The advance payment will not exceed an amount equal to the nonrecurring charge(s) and one month's charges for the service. The advance payment will be applied to any indebtedness for the service for which the advance payment is made on the customer's initial bill. Issued: December _2009 Issued By: A/73239381.1 Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Pl~blic Utilities Commission 2855 Campus Drive, Suite 200 ACC~~TE8hF~Ret L'NSan Mateo, CA 94403 ' DEC 2 72009 Boise, Idaho , ; IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 27 SECTION 2. RULES AND REGULATIONS (Cont' Customer Deposits The Company may require a deposit or guarantee of payment from any customer or applicant who has not established good credit with the Company and the Company can prove that the Customer is likely to be a credit risk or to damage property. Deposit or guarantee of payment requirements as prescribed by the Company will be based upon standards which bear a reasonable relationship to the assurance of payment. A deposit shall not exceed an estimated two months' gross bill or existing two months' bill where applicable. All deposits shall be in addition to payment of an outstanding bill or a part of such bill as has been resolved to the satisfaction of the Company, except where such bill has been discharged bankruptcy. The Company may require a deposit if one or more of the following criteria exists: The applicant has not had previous service with the Company. The customer was delinquent in payment two (2) or more times in the previous twelve (12) months. Issued: December -' 2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 Campus Drive, Suite 200 Office of the Secretary San Mateo , CA 94403 ACCEPTED FOR FILING DEC 2 " 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 28 SECTION 2. RULES AND REGULATIONS (Cont' 7 Customer Deposits (Cont'd) Return of Deposit When a deposit is to be returned , the Customer may request that the full amount of the deposit be issued by check. If the Customer requests that the full amount be credited to amounts owed the Company, the Company will apply the deposit to any amount currently owed to the Company, and return any remaining amount of the deposit to the Customer by check. Interest on Deposits nterest shall be paid on deposits at a rate prescribed and specified by the Commission and shall be payable from the date of deposit to the date of refund or disconnection. Interest rates will be set by the Commission under the provisions of IDAPA 31.14.01.106. Upon termination of service , the deposit with accrued interest shall be credited to the final bill and the balance shall be returned to the Customer as soon as practicable. Issued: December _2009 Effective:2009 Issued By: N73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho P~blic Utilities Commission OffIce of the Secretary2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 29 SECTION 2. RULES AND REGULA TIONg (Cont' Customer Complaints and Billing Disputes In the event that Customer disputes any charges, Customer must submit an oral or written claim describing the disputed amount. Customer shall submit all documentation as may reasonably be required to support the claim. Payment may be withheld for the amounts subject to a dispute submitted prior to the Due Date. All disputes and claims for refunds must be submitted to the Company within ninety (90) days of the Bill Date. If Customer does not submit a claim as stated above , Customer waives all rights to file a claim thereafter. The Company shall investigate and resolve all disputes within fifteen (15) days of receipt of the dispute and the Company resolution of such a dispute is final. Any portion of a disputed amount deemed payable by the Company must be paid in full within ten (10) days of resolution or Customer s service may be subject to disconnection and late payment charges imposed on the overdue amount. Any unresolved dispute may be directed in writing to the Commission s Consumer Assistance Section , Idaho Public Utilities Commission , P.O. Box 83720, Boise , Idaho 83720-0074, by phone toll free at 1-800-432-0369 , at (208) 334-0369 (within Idaho) or by fax at (208) 334-4045. Effective:' 2009Issued: December _2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Manage'jY1.€mt raal1o "P~I IC tl rtles CommissionIntelePeer, Inc. Of lice of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 DEC 2 72009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 30 SECTION 2. RULES AND REGULATIONS (Cont' Allowances for Interruptions in Service 1 General A service is interrupted when it becomes unusable to the Customer, e., the Customer is unable to transmit or receive because of a failure of a component furnished by the Company under this tariff. An interruption period begins when the Customer reports a service , facility or circuit to be inoperative and releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. If the Customer reports a service , facility or circuit to be inoperative but declines to release it for testing and repair, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service facility or circuit considered by the Company to be impaired. The Company will attempt to restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or within twenty-four (24) hours after the report of the outage if no emergency exists. Issued: December _2009 Issued By: Effective:' 2009 Julie Barghouthi Sr. Vice President Product Development & Access Manageml~r1.t , , , IntelePeer Inc. JLO \~b!lc Utilities Commission Dilice of the S"cretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 7 2009A/73239381.l Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 31 SECTION 2. RULES AND REGULATIONS (Cont' Allowances for Interruptions in Service (Cont'd) 2 Limitations on Allowances No credit allowance will be made for any interruption of service: due to the negligence of, or noncompliance with the provisions of this Tariff by, any person or entity other than the Company, including but not limited to the Customer or other common carriers connected to the service of the Company; due to the failure of power, equipment, systems, or services not provided by the Company; due to circumstances or causes beyond the control of the Company; during any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions; during any period in which the Customer continues to use the service on an impaired basis; during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; that occurs or continues due to the Customer s failure to authorize replacement of any element of special construction; and that was not reported to the Company within thirty (30) days of the date that service was affected. Effective:2009Issued: December _2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managemer:l,t (fa 0 IC I lies mmlSSlOnIntelePeer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 0 EC 2 '7 2009A/7323938 1.1 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 32 SECTION 2. RULES AND REGULATIONS (Cont' Allowances for Interruptions in Service Application of Credits for Interruptions of Service Credits for interruptions of service, for which charges are specified on the basis of per minute of use, or on the usage of a fraction of a minute, shall in no event exceed an amount equal to the initial period charge provided for under this tariff. Issued: December _2009 Effective:2009 Issued By: Julie Barghouthi Idaho Publl Utl lies ommlssJOnSr. Vice President Product Development & Access Management Office of the Secretary IntelePeer, Inc. ACCEPTED FOR FILING 2855 Campus Drive , Suite 200 San Mateo , CA 94403 DEC 2 72009 A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 33 SECTION 2.RULES AND REGULATIONS (Cont' 10 Taxes and Fees 10. 10.2 10. All state and local taxes and fees shall be listed as separate line items on the customer s bill. If a municipality, other political subdivision or local agency of government, or the Commission imposes and collects from the Company a gross receipts tax, occupation tax , license tax permit fee , franchise fee, or regulatory fee , such taxes and fees shall, as allowed by law, be billed pro rata to the customer receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. Service shall not be subject to taxes for a given taxing jurisdiction if the customer provides the Company with written verification , acceptable to the Company and to the relevant taxing jurisdiction , that the customer has been granted a tax exemption. Returned Check Charge A return check charge of $25.00 will be assessed for checks returned for insufficient funds. 12 Restoration of Service A reconnection fee of $25.00 per occurrence is charged when service is re- established for customers who had been disconnected for non-payment. Issued: December _2009 Issued By: Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Managemerlltaho Public Utilities Commission IntelePeer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FlUNG San Mateo , CA 94403 D EC 2 7 2009 A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 34 SECTION 2. RULES AND REGULATIONS (Cont' Special Customer Arrangements In cases where a customer requests special or unique arrangements which may include but are not limited to engineering, conditioning, installation assembly, purchase or other special services not offered under this tariff the Company, may provide the requested services. Appropriate recurring charges and/or nonrecurring charges and other terms and conditions will be developed for the customer for the provisioning of such arrangements and filed for Commission approval. Issued: December -' 2009 Effective:2009 Issued By:Julie Barghouthi Idaho Public Utiiities CommissionSr. Vice President Product Development & Access Managemeol Office of the Secretary IntelePeer, Inc. ACCEPTED FOR FILING 2855 Campus Drive , Suite 200 D EC 2 7' 2009San Mateo , CA 94403 A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 35 SECTION 2. RULES AND REGULATIONS (Cont' 14 Disconnection and Termination of Service 14.1 Disconnection of Service Without Notice The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer s permission for one or more of the following reasons: 14. 14. 14. 14.1.4 14. Dangerous Condition. A condition immediately dangerous or hazardous to the life , physical safety, or property exists , or it is necessary to prevent a violation of federal, state or local safety or health codes. Ordered to Terminate Service. The Company is ordered to terminate service by any court , the Commission , or any other duly authorized public authority. Services Obtained Illegally. The services(s) was (were) obtained , diverted or used without the authorization or knowledge of the Company. Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. Misrepresentation of Identity. The Customer has misrepresented the Customer identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. Issued: December _2009 Issued By: Effective:2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 200 Office of the Secretaryampus rive Ulte ACCEPTED FOR FlUNGSan Mateo , CA 94403 DEC 2 7 2009A/73239381, Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 36 SECTION 2. RULES AND REGULATIONS (Cont' 14 Disconnection and Termination of Service (Cont'd) 14.1 Disconnection of Service Without Notice (Cont'd) 14.For any governmental prohibition , or required alteration of the services provided , or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes the Company may immediately discontinue or suspend service. Issued: December _2009 Effective:' 2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managerwamtpublic Utilities CommissionIntelePeer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 D EC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 37 SECTION 2. RULES AND REGULATIONS (Cont' 14 Disconnection and Termination of Service (Cont'd) 14.Disconnection of Service Requiring Notice 14.The Company may disconnect service for any of the following reasons provided it has notified the customer of its intent, in writing, to disconnect service and has allowed the customer a reasonable time of not less than seven (7) days in which to remove the cause for disconnection: 14.Non-compliance with Regulations. For violation of or non-compliance with Commission rules and regulations or for violation of or non-compliance with the Company s tariffs on file with the Commission. 14.Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service subject to regulation by the Commission. 14.Refusal of Access. For failure of the customer to permit the Company to have reasonable access to its equipment and property. 14.Failure to meet the Company deposit and credit requirements. 14.For non-payment of a bill for regulated service provided that the Company has made a reasonable attempt to effect collection and has given the customer written notice of its intent to deny service if settlement of his account is not made and provided the customer has at least seven (7) days notice. Issued: December _2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access ManagementIntelePeer Inc Idaho P~blic Utilities Commission Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 38 SECTION 2. RULES AND REGULATIONS (Cont' 14 Disconnection and Termination of Service (Cont'd) 14.2. Disconnection of Service Requiring Notice 14.Failure to Comply with Service Conditions. For failure of the customer to furnish the service equipment permits, certificates, or rights-of-way, specified by the Company as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated. 14.Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service. ' 2009Issued: December _2009 Effective: Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managemen~aho Public Utilities CommissionIntelePeer, Inc. Office of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 0 EC 2 7 2009 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 39 SECTION 2. RULES AND REGULATIONS (Cont' Unlawful Use of Service 15.Service shall not be used for any purpose in violation of law or for any use as to which the customer has not obtained all required governmental approvals, authorizations, licenses, consents, and permits. The Company shall refuse to furnish service to an applicant or shall disconnect the service without notice of a customer when: 15.1 An order shall be issued , signed by a judge finding that probable cause exists to believe that the use made or to be made of the service is prohibited by law, or 15.The Company is notified in writing by a law enforcement agency acting within its jurisdiction is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of the law. 15.If service has been physically disconnected by law enforcement officials at the customer s premises and if there is not presented to the Company the written finding of a judge, then upon written or verbal request of the subscriber, and agreement to pay restoral of service charges and other applicable service charges, the Company shall promptly restore such service. 2009Issued: December -' 2009 Effective: Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access ManagemEfJa~n Public Utilities CommissionIntelePeer, Inc. ('Hire of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 40 SECTION 2. RULES AND REGULATIONS (Cont' Interference with or Impairment of Service Service shall not be used in any manner that interferes with other persons in the use of their service , prevents other persons from using their service or otherwise impairs the quality of service to other customers. The Company may require a customer to immediately shut down its transmission of signals if said transmission is causing interference to others or impairing the service of others. Issued: December -' 2009 2009Effective: Issued By: A/73239381.l Julie Barghouthi Sr, Vice President Product Development & Access ManagementIntelePeer Inc Idaho P~blic Utilities Commission Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FlUNG San Mateo, CA 94403 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 41 SECTION 2. RULES AND REGULATIONS (Cont' 17 Incomplete Calls There shall be no charge for incomplete calls. No charge will be levied for unanswered calls. Customers will receive credit for calls placed to a wrong number if the customer notifies the Company of the error. 18 Overcharge When a customer has been overcharged , the amount shall be refunded or credited to the customer, with interest , within three (3) years or as specified in the customer service agreement. Issued: December -' 2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Manageme~ho Public Utilities CommissionIntelePeer, Inc. Office of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FlUNG San Mateo , CA 94403 0 EC 2 7 2009 Boise, Idaho : ' IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 42 SECTION 2. RULES AND REGULATIONS (Cont' 19 Notices Any notice required or permitted to be given under this tariff shall be in writing and delivered by hand , mail , national overnight courier service or by fax if confirmed by telephone to the customer, at the address or phone numbers shown herein or at such other address or phone numbers as shall be designated from time to time. Issued: December _2009 Effective:2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Managemenmaho Public Utilities Commission IntelePeer, Inc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR Fi liNG San Mateo , CA 94403 0 EC 2 7 2009 A/73239381.l Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 43 SECTION 2. RULES AND REGULATIONS (Cont' Emergency Calling Access to 911 and E911 service is offered solely as an aid in handling assistance calls in connection with fire, police, medical , and other emergencies. The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls. The company s switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. The Company is not responsible, in the absence of gross negligence or willful misconduct, for any losses, claims demands, suits , or any liability, whether suffered , made, instituted , or asserted by the Customer or by any other party or person , for any personal injury to 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 the installation, operation failure to operate, maintenance, removal, presence, condition location , or use of such facilities. By dialing 911 , the Customer agrees to release, indemnify, defend , and hold harmless the Company from any and all loss or claims, whatsoever, whether suffered , made, instituted , or asserted by the destruction of any property, whether owned by the Customer or others. Not withstanding any provision to the contrary, in no event shall the Company be liable for any special , incidental consequential , exemplary, or punitive damages of any nature whatsoever. The Company is not responsible for any infringement or invasion of the right of privacy of any person or persons , caused , or claimed to have been caused , directly or indirectly, by the installation , operation , failure to operate , maintenance, removal , presence, condition, occasion or use of the 911 service features and the equipment associated therewith 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 the 911 service. Issued: December -' 2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Manage~~1public Utilities Commission I ntelePeer, I nc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FlUNG San Mateo , CA 94403 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 44 SECTION 3. DESCRIPTION OF SERVICES 1 Local Exchange Service Local Exchange Service is telephone service that entitles the customer to originate local calls, without toll charges, to all local exchange access lines connected to a Central Office (CO) of the exchange, or to all exchange access lines served by COs of the extended local service area where comprised of more than one exchange. Service will be provided where facilities are available from the Local Exchange Company (LEC). Service is classified as business service and business rates apply when any of the following conditions exist: When the service is furnished at a location where a business, trade or practice is performed and where the use of the location is not confined primarily to domestic activities. Service for social clubs will be considered business service. When the directory listing is to be a business listing, except when a residence telephone number is advertised as an alternate call number in connection with a business telephone number. Issued: December _2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Managementldaho Public Utilities CommissionIntelePeer, Inc. Office of the Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILlN( San Mateo , CA 94403 0 EC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 45 SECTION 3. DESCRIPTION OF SERVICES (Cont' Long Distance Service Long Distance Service is a voice service offered to business customers. The service permits direct dialed outbound calling at a single per minute rate. Service is provided from presubscribed , dedicated or shared use access lines. No monthly recurring charges or minimum monthly billing requirements apply. 2009Issued: December _2009 Effective: Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managem~OOllO Publi 1.1 res ommlssronI ntelePeer, I nc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 EC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 46 SECTION 3. DESCRIPTION OF SERVICES (Cont' Directory Assistance Directory Assistance (DA) is defined as furnishing aid in obtaining telephone numbers. The Directory Assistance operator will not transfer, forward or redial a customer s call to any other location for any purpose other than the provision of DA service. The service is furnished subject to the condition that there will be no abuse or fraudulent use of the service. Abuse or fraudulent use of the service includes the obtaining, or attempting to obtain or assisting another to obtain or to attempt to obtain Directory Assistance service, by rearranging, tampering with , or making connection with any facilities of the Company, or by any trick, scheme , false representation, or false credit device , or by or through any other fraudulent means or device whatsoever, with attempt to avoid payment, in whole or in part, of the regular charge for such service. In addition to any other action authorized by this Tariff, the Company may, in such cases of abuse or fraudulent use assess appropriate Directory Assistance charges on the Customer s regular telephone account. 3.4 Custom Calling Services Custom Calling Service is an optional service arrangement of central office services furnished to business customers. Custom Calling Features are offered subject to availability and suitably equipped central office facilities. ' 2009Issued: December _2009 Effective: Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission 2855 C D' S t 200 Office en' the Secretary ~~~:o , ~~'~~~ ACCEPTED FOR FiLING 0 E C 2 '( 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 47 SECTION 3. DESCRIPTION OF SERVICES (Cont' Promotional Offerings The Company may, from time to time engage in special Promotional Offerings limited to certain dates, times, or locations designed to attract new customers or to increase customers awareness of a particular tariff offering. The Company will notify the Commission ten (10) days in advance of the rates, terms and conditions of any promotional offerings. Individual Case Basis ("ICB") Offerings Arrangements may be developed on a case-by-case basis for tariffed service or services to a specific customer at rates, terms or conditions provided through an agreement instead of pursuant to tariff. The Company mayor may not have an equivalent service in its the tariff on file with the Commission, and the quoted ICB rates may be different than the tariffed rates. The Company will maintain records of its ICB contracts for Commission review as conditions or circumstances may require. Issued: December _2009 Effective:' 2009 Issued By:Julie Barghouthi Idaho Pu , , , Sr. Vice President Product Development & Access Management Off bhc UtIlitIes Commlsslc Ice 0 the SecretaryIntelePeer, Inc. ACCEPTED FOR FIUf\ 2855 Campus Drive, Suite 200 San Mateo, CA 94403 DEC 2 72009 A/73239381.l Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 48 SECTION 4. RATES AND CHARGES Calculation of Rates The customers long distance usage charge is based on the actual usage of the Company s network. The chargeable time for a long distance call is determined by the duration of the call. Chargeable time begins when connection is established between the calling station and the called station. Chargeable time ends when the calling station hangs up. If the called station hangs up, but the calling station does not, chargeable time ends when the connection is released by either automatic timing equipment in the telecommunications network or by an operator. Calls are billed in (six) 6 second increments with an eighteen (18) second minimum for interLA T A calls and a twenty-four (24) second minimum on intraLATA calls. Billing will be rounded up to the nearest penny for each call. Different rates based on the time of day or day of week are described in the following rate table. Ni ht/Weekends 8:00 a, 5:00 , 5:00 . 11 :00 . 8:00 a. 5:00 , The Company charges weekend rates on the following Federal holidays: New Year Day, President's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Effective:2009Issued: December _2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Managemen ' , 10"1,,, Pllhiic Utilities ommlsslonnee eer, nc. '~ rf the Secretary 2855 Campus Drive, Suite 200 ACCt.~ 7f::D FOR FILING San Mateo , CA 94403 0 E C 2 7 2009 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 49 SECTION 4. RATES AND CHARGES (Cont' Local Exchange Service Business Service (A)Service Charges Non-Recurring Charge Service Order Charge First Measured Business Line or Trunk $5. Changes, Service Restoration To change class, type or grade of service(per line or trunk) $25. To restore service that has been temporarily disconnected by the Company(per line or trunk, per order) $25. ' 2009Issued: December _2009 Effective: Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho P~blic Utilities Commission 2855 Campus Drive , Suite 200 Office of the Secretary San Mateo , CA 94403 ACCEPTED FOR FIUN~ 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 50 SECTION 4. RATES AND CHARGES (Cont' Local Exchange Service (Cont'd) Business Service (Cont'd) (B)Monthly Recurring Charges Monthlv Rate Non-Recurring Per Main and Each Additional Line $26.$25. Issued: December _2009 Effective:2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Managew.ent ' , a1l0 p~ IC tr !tles Commissionnte e ee , nc. Offlc~ of the Secretary 2855 Campus Drive , SUIte 200 ACCEP1 ED FOR FILING San Mateo, CA 94403 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 51 SECTION 4. RATES AND CHARGES (Cont' Long Distance Service Dav. Eveninq and Niqht Initial Minute $0. Each Add'i Minute $0. Issued: December _2009 Effective:2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. Idaho Public Utilities Commission2855 Campus Drive Suite 200 Office of the Secretary San Mateo CA '94403 ACCEPTED FOR FILING A/73239381.1 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 52 SECTION 4. RATES AND CHARGES (Cont' 4.4 Directory Assistance Service Customer Dialed -Local DA $0.35 Per Call National DA $0.85 Per Call Custom Calling Services Monthly Non- Recurring Recurring Per Line Call Waiting $3.$3. Call Forwarding $1.$3. Three Way Calling $3.$3. 2009Issued: December _2009 Effective: Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Managffiille , , , IntelePeer Inc. a 0 ub"c Ut!htres Commission Office of toe Secretary 2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 DEC 2 '( 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 53 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION General IntraLATA toll presubscription is a procedure whereby an end user may select and designate an IntraLATA Toll Provider (U ITP") to access IntraLATA toll calls without dialing an access code. The end user may designate an ITP for IntraLATA toll , a different carrier for InterLATA toll , or the same carrier for both. This ITP is referred to as the end user preferred IntraLATA toll provider. Each carrier will have one or more access codes assigned to it for various types of service. When an end user selects a carrier as its preferred IntraLATA toll provider, only one access code of that carrier may be incorporated into the switching system of the Company permitting access to that carrier by the end user without dialing an access code. Should the same end user wish to use other services of the same carrier, it will be necessary for the end user to dial the necessary access code(s) to reach that carrier s other service(s). An ITP must use Feature Group D ("FGD") Switched Access Service to qualify as an IntraLATA toll provider. All ITPs must submit a Letter of Intent (ULOI") to the Company at least twenty days prior to the IntraLATA toll-presubscription- conversion date or, if later, forty-five days prior to the date on which the carrier proposed to begin participating in IntraLATA toll presubscription. Selection of an ITP by an end user is subject to the terms and conditions in Section 5. 2009Issued: December _2009 Effective: Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Manag~mel)t ' , , , roaM PUD IC tl Itles CommiSSionInte ePeer, nc. Office of the Secretary 2855 Campus Drive , Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 DEC 2 7 2009A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 54 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont' Presubscription Charge Application Initial Free Presubscription Choice for New Users New end users (including an existing customer who orders an additional line) who subscribe to service will be asked to select a primary ITP when they place an order for Company Exchange Service. If a customer cannot decide upon an IntraLATA toll carrier at the time, the customer will have thirty days following completion of the service request to make an IntraLATA PIC choice without charge. In the interim , the customer will be assigned a "No-PIC" and will have to dial an access code to make IntraLATA toll calls. The free selection period available to new end users is the period within thirty days of installation of the new service. Initial free selections available to new end user are: Designating an ITP as their primary carrier, thereby requIring no access code to access that ITP'service. Other carriers are accessed by dialing 101-XXXX or other required codes. Choosing no carrier as a primary carrier, thus requiring 101-XXXX code dialing to access all ITPs. This choice can be made by directly contacting the Company. Issued: December _2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer Inc. Idaho P~blic Utilities Commission . ' Office of the Secretary2855 Campus Drive , Suite 200 ACCEPTED FOR FILINGSan Mateo, CA 94403 DEC 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 55 SECTION 5. INTRAlATA TOll PRESUBSCRIPTION (Cont' Presubscription Charge Application (Cont'd) Cancellation of IntraLATA Toll Presubscription by an ITP If an ITP elects to discontinue Feature Group D service after implementation of the IntraLATA toll presubscription option , the ITP is obligated to contact, in writing, all end users who have selected the canceling ITP as their preferred IntraLATA toll provider. The ITP must inform the end users that it is canceling its Feature Group D service request that the end user select a new ITP and state that the canceling ITP will pay the PIC change charge. The ITP must provide written notification to the Company that this activity has taken place. Issued: December _2009 Effective:' 2009 Issued By: A/73239381, Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer Inc Idaho :'jblic Utilities Commission . ' ' Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 7 2009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 56 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont' End Use~Pay Te~phone Anti-Slamming Measure Service Provider Charge Discrepancy When a discrepancy is determined regarding an end user s designation of a preferred IntraLATA toll carrier, the following applies depending upon the situation described: A signed letter of authorization takes precedence over any order other than subsequent, direct customer contact with the Company. When two or more orders are received for an end user line generated by telemarketing, the date field on the mechanized record used to transmit PIC change information will be used as the PIC authorization date. The order with the latest application date determines customer choice. Verification of Orders for Telemarketing No ITP shall submit to the Company a PIC change order generated by outbound telemarketing unless , and until , the order has first been conformed in accordance with the following procedures: The ITP has obtained the customer s written authorization to submit the order that explains what occurs when a PIC is changed and confirms: The customer billing name and address and each telephone number to be covered by the PIC change order; The decision to change the PIC to the ITP; and The customer s understanding of the PIC change fee; or Issued: December _2009 Effective:' 2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer Inc. Idaho ,:,blic Utilities Commission . ' Office of the Secretary2855 ampus Drive, Suite 200 ACCEPTED FOR FILINGSan Mateo, CA 94403 DEC27Z009 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 57 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont' End User/Pay Telephone Service Anti-Slamming Measure ) (Cont'd) Provider Charge Discrepancy Verification of Orders for Telemarketing (Cont' The ITP has obtained the customer s electronic authorization placed from the telephone number(s) on which the PIC is to be changed , to submit the order that confirms the information described in 5.1 preceding to confirm the authorization; or An appropriately qualified and independent third party operating in a location physically separate from the outbound telemarketing representative has obtained the customer s oral authorization to submit the PIC change order that confirms and includes appropriate verification date (e., the customer date of birth or social security number). The Company will follow the Federal Communications Commission and the Commission s regulations regarding slamming. The Company will not impose a penalty or charge for unauthorized IntraLATA toll provider changes. 3.4 The customer owns the exclusive right to select the PIC of their choice and may choose to migrate from one carrier to another at any time. There is no reason a carrier may refuse to release a customer who has stated their intent to select a different carrier. Issued: December _2009 Effective:2009 Issued By: A/73239381.l Julie Barghouthi Sr. Vice President Product Development & Access Manaqe'T1eDt " , , IntelePeer Inc Id""aho ..-~bltc Utilities CommiSSion Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo , CA 94403 DEC 2 7 2009 Boise. Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 58 SECTION 5. INTRAlATA TOll PRESUBSCRIPTION (Cont' 5.4 Rates and Charges Non-recurring Charge Authorized PIC/IPIC Change Charge Electronic Manual PIC/IPIC Change (Change made at the Same time to the same , CLC or LEC for both InterLATA and IntraLATA $1. $5. $0. (Electronic) $2. (Manual) Issued: December -' 2009 Effective:2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management ' ' Idaho /jbliC Utilities Commissionnee eer, nc. Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILINGSan Mateo , CA 94403 DEC 2 7 2009A/73239381.1 Boise, Idaho IntelePeer, Inc. Idaho P.C. Tariff No. Original Sheet No. 59 SECTION 6. - MISCELLANEOUS SERVICES AND CHARGES Idaho USF Surcharge A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund ("IDUSF"). The surcharge rate is established by the Commission and will be assessed in accordance with the IDUSF guidelines. Issued: December _2009 Effective:2009 Issued By: A/73239381.1 Julie Barghouthi Sr. Vice President Product Development & Access Manaqem~n.t , ', , IntelePeer Inc laaho r~bllc Utili des CommiSSion Office of the Secretary2855 Campus Drive, Suite 200 ACCEPTED FOR FILING San Mateo, CA 94403 0 E C 2 7 2009 Boise. Idaho