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HomeMy WebLinkAbout20091217Illustrative Tariff.pdf:!pr -1-09 -01 Exhibit D Ilustrative Local and Interexchange Tariff A/7318438l.13 !VEn 20n, DEC l 7 AM 10: 41+ IDAHO UTILITIES IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 1 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.2 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. Page Number of Revision Page Number of Revision 1 Original 28 Original 2 Original 29 Original 3 Original 30 Original 4 Original 31 Original 5 Original 32 Original 6 Original 33 Original 7 Original 34 Original 8 Original 35 Original 9 Original 36 Original 10 Original 37 Original 11 Original 38 Original 12 Original 39 Original 13 Original 40 Original 14 Original 41 Original 15 Original 42 Original 16 Original 43 Original 17 Original 44 Original 18 Original 45 Original 19 Original 46 Original 20 Original 47 Original 21 Original 48 Original 22 Original 49 Original 23 Original 50 Original 24 Original 51 Original 25 Original 52 Original 26 Original 53 Original 27 Original 54 Original 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.3 CHECK SHEET (Contd) Page Number of Revision55 Original56 Original57 Original58 Original59 Original 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.4 Table of Contents Title Sheet...................................................................................................................... 1 Check Sheet................................................................................................................... 2 Table Of Contents... ............ ........................................................... ........ ........................ 4 Explanation of Symbols Sheet....................................................................................... 6 Tariff Format ..... ................. ............... ..... .................................. ....... ...... .........................7 Contact Information........................................................................................................ 8 Section 1. - Technical Terms and Abbreviations ........................................................... 9 Section 2. - Rules and Regulations............................................................................. 12 2.1 Undertaking of the Company.......................................................................... 12 2.2 Limitations....................................................................................................... 13 2.3 Obligations of the Customer ...........................................................................14 2.4 Liability of the Company................................................................................. 18 2.5 Application for Service.................................................................................... 24 2.6 Payment for Service....................................................................................... 26 2.7 Customer Deposits......................................................................................... 27 2.8 Customer Complaints and Biling Disputes..................................................... 29 2.9 Allowances for Interruptions in Service........................................................... 30 2.10 Taxes and Fees..............................................................................................33 2.11 Returned Check Charge................................................................................. 33 2.12 Restoration of Service.................................................................................... 33 2.13 Special Customer Arrangements.................................................................... 34 2.14 Disconnection and Termination of Service .....................................................35 2.15 Unlawful Use of Service..................................................................................39 2.16 Interference With or Impairment of Service ....................................................40 2.18 Incomplete Calls .............................................................................................41 2.19 Overcharge/Undercharge ....................................... ...... .................... ....... ....... 41 2.20 Notices........................................................................................................... 42 2.21 Emergency Callng..........................................................................................43 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.5 Table of Contents (Contd) Section 3. - Description of Service ..............................................................................44 3.1 Local Exchange Services................................................................................44 3.2 Long Distance Services ........................................................................:.........45 3.3 Directory Assistance ................................................................ ....................... 46 3.4 Custom Callng Services.................................................................................46 3.5 Promotional Offerings .... ....................................................... ...... ....................47 3.6 Individual Case Basis (1ICB") Offerings ................................... .......................47 Section 4. - Rates........................................................................................................48 4.1 Calculation of Rates........................................................................................48 4.2 Local Exchange Service................................................................................. 49 4.3 Long Distance Service.................................................................................... 51 4.4 Directory Assistance Service.......................................................................... 52 4.5 Custom Callng Services.................................................................................52 Section 5. -lntraLATA Toll Presubscription .................................................................53 5.1 General........................................................................................................... 53 5.2 Presubscription Charge Application.................................. ...............................54 5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming Measure").............................................................................. 56 5.4 Rates and Charges......................................................................................... 58 Section 6. - Miscellaneous Services and Charges....................................................... 59 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.6 Explanation of Symbols (C) - To signify changed listing, rule or conditions which may affect rates or charges (D) - To signify discontinued material, including a listing, rates rule 0 condition (I) - To signify an increase in a rate (M) - To signify text or rates relocated without change (N) - To signify a new material including listing, rate rule or condition (R) - To signify a reduction in a rate (8) - To signify reissued regulations (T) - To signify a change in wording of text but no change in rate, rule or condition 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 7 TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. 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 14.1. B. 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 4th revised Page 14 cancels the 3rd revised Page 14. C. Paragraph Numbering Sequence - There are various levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.1 2.1.1 2.1.1.1 D. 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 wil be no other symbols used on this page if these are the only changes made to it (Le., 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 Effective:,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381.1 IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.8 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 billng, 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 jbarghouthi~intelepeer.com 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet NO.9 Section 1. TECHNICAL TERMS AND ABBREVIATIONS "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 A.M. and before 5:00 P.M., 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 10 Section 1. TECHNICAL TERMS AND ABBREVIATION§(Contd) "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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 11 Section 1. TECHNICAL TERMS AND ABBREVIATION§(Contd) "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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 12 SECTION 2. RULES AND REGULATIONS 2.1 Undertaking of the Company 2.1.1 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. 2.1.2 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's location to the Company's network. The customer shall be responsible for all charges due for such service arrangement. 2.1.3 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. 2.1.4 The Company's services are available to business/non- residential customers. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 13 SECTION 2. RULES AND REGULATIONS 2.2 Limitations 2.2.1 Service is offered subject to the provisions of this tariff. 2.2.2 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. 2.2.3 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 Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 14 SECTION 2. RULES AND REGULATIONS (Contd) 2.3 Obligations of the Customer 2.3.1 The customer shall be responsible for: 2.3.1.1 The payment of all applicable charges pursuant to this tariff. 2.3.1.2 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 wilful misconduct of the employees or agents of the Company. 2.3.1.3 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 Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 15 SECTION 2. RULES AND REGULATIONS (Contd) 2.3 Obligations of the Customer (Contd) 2.3.1.4 Complying with all laws and regulations regarding the working conditions on the premises at which the Company's employees and agents shall be installng 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 propert 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. 2.3.1.5 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 installng, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the equipment of the Company. 2.3.1.6 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 wil be made for the period during which service is interrupted for such purposes. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 16 SECTION 2. RULES AND REGULATIONS (Contd) 2.3 Obligations of the Customer (Contd) 2.3.2 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: 2.3.2.1 Any loss, destruction or damage to property of the Company or any third part, 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 2.3.2.2 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 propert right of any third party, arising from any act or omission by the customer. 2.3.3 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. 2.3.4 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. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 17 SECTION 2. RULES AND REGULATIONS (Contd) 2.3 Obligations of the Customer (Contd) 2.3.5 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. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 18 SECTION 2. RULES AND REGULATIONS (Contd) 2.4 Liability of the Company 2.4.1 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 2.9. (B) Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.9, the Company shall not be liable to a Customer or third part 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 billng that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled 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 Effective:_,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 19 SECTION 2. RULES AND REGULATIONS (Contd) 2.4 Liability of the Company (Contd) 2.4.1 Limitations on Liability (Contd) (D) The Company shall not be liable for any claims for loss or damages involving: 1. Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen; 2. Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor diffculties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; 3. Any unlawful or unauthorized use of the Company's facilities and services; 4. Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services; 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 A/73239381.1 IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 20 SECTION 2. RULES AND REGULATIONS (Contd) 2.4 Liability of the Company (Contd) 2.4.1 Limitations on Liability (Contd) 5. Breach in the privacy or security of communications transmitted over the Company's facilities; 6. Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liability is limited as set forth in Paragraph 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; 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 21 SECTION 2. RULES AND REGULATIONS (Contd) 2.4 Liability of the Company (Contd) 2.4.1 Limitations on Liability (Contd) 9. Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilties 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 Effective:,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 22 SECTION 2. RULES AND REGULATIONS (Contd) 2.4 Liability of the Company (Contd) 2.4.1 Limitations on Liability (Contd) (E) The Company shall be indemnified, defended and held harmless by the Customer or end user from and against any and all claims, loss, demands, suits, expense, or other action or any liability whatsoever, including attorney fees, whether suffered, made, instituted, or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any propert, including environmental contamination, whether owned by the Customer or by any other part, 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. (F) The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or other action, or any liabilty whatsoever, including attorney fees, whether suffered, made, instituted or asserted by the Customer or by any other part, 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 part, 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 Effective:_,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 23 SECTION 2.RULES AND REGULATIONS (Contd) 2.4 Liability of the Company (Contd) 2.4.1 Limitations on Liability (Contd) (G) The Company assumes no responsibility for the availability orperformance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities. (H) 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. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 24 SECTION 2. RULES AND REGULATIONS (Contd) 2.5 Application for Service 2.5.1 Minimum Contract Period 2.5.1.1 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 bil that certain services or equipment are not desired, the Company wil 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. 2.5.1.2 Except as provided in 2.5.2.1, 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. 2.5.1.3 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. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 25 SECTION 2. RULES AND REGULATIONS (Contd) 2.5 Application for Service (Contd) 2.5.2 Cancellation of Service 2.5.2.1 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. 2.5.2.2 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 wil provide the Customer with at least thirty (30) days' notice of any change in the definition of the Company's regions. 2.5.2.3 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 thirt (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. 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 A/7323938l. IntelePeer, Inc. SECTION 2. RULES AND REGULATIONS (Contd) Idaho.~.U.C. Tariff Ncl~CFli'f" Onginal Sh~!)' 26'! "1'.,' ~ ,qR86 / J'l /D'l:. 4110." i II /1"'.' ih' r ~ u. t:~~I r""l.J V./"""0... ';j: 2.6 Payment for Service 2.6.1 The Company wil bil Customer monthly, with recurring charges being biled in advance and any usage charges biled in arrears. Payment is due upon receipt by Customer and payable within thirty (30) days of the Bill Date (the "Due Date"). The customer isresponsible for payment of all charges for service furnished to the customer. Charges based on actual usage during a month will be biled monthly in the month following the month in which the service was used. All fixed monthly and nonrecurring charges for services ordered wil be billed monthly in advance. 2.6.2 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. Bils 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 2.8.1 of this tariff, may result in suspension of service unti the overdue payments and any additional charges that may be imposed to restore service have been paid. 2.6.3 The Company reserves the right to require from an applicant for service advance payments of fixed charges and nonrecurring charges. The advance payment wil not exceed an amount equal to the nonrecurring charge(s) and one month's charges for the service. The advance payment wil be applied to any indebtedness for the service for which the advance payment is made on the customer's initial bilL. Issued: December _,2009 Effective: Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 N73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 27 SECTION 2. RULES AND REGULATIONS (Contd) 2.7 Customer Deposits 2.7.1 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 propert. 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 bil or a part of such bill as has been resolved to the satisfaction of the Company, except where such bil has been discharged in bankruptcy. The Company may require a deposit if one or more of the following criteria exists: 2.7.1.1 The applicant has not had previous service with the Company. 2.7.1.2 The customer was delinquent in payment two (2) or more times in the previous twelve (12) months. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 28 SECTION 2. RULES AND REGULATIONS (Contd) 2.7 Customer Deposits (Contd) 2.7.2 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. 2.7.3 Interest on Deposits Interest 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 bil and the balance shall be returned to the Customer as soon as practicable. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 29 SECTION 2. RULES AND REGULATIONS (Contd) 2.8 Customer Complaints and Billing Disputes 2.8.1 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 Bil 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's 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. 2.8.2 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. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 30 SECTION 2. RULES AND REGULATIONS (Contd) 2.9. Allowances for Interruptions in Service 2.9.1 General A. A service is interrupted when it becomes unusable to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this tariff. B. 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. C. 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 wil be made for a service, facility or circuit considered by the Company to be impaired. D. The Company wil 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 Effective:_,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 31 SECTION 2. RULES AND REGULATIONS (Contd) 2.9. Allowances for Interruptions in Service (Contd) 2.9.2 Limitations on Allowances No credit allowance will be made for any interruption of service: A. due to the negligence of, or noncompliance with the provisions of this Tariff by, any person or entity other than the Company, including but not limited to the Customer or other common carriers connected to the service of the Company; B. due to the failure of power, equipment, systems, or services not provided by the Company; C. due to circumstances or causes beyond the control of the Company; D. during any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions; E. during any period in which the Customer continues to use the service on an impaired basis; F. during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; G. that occurs or continues due to the Customer's failure to authorize replacement of any element of special construction; and H. that was not reported to the Company within thirty (30) days of the date that service was affected. 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 A/7323938l. IntelePeer, Inc. SECTION 2. RULES AND REGULATIONS (Contd) "' Idaho. ~.Lp.h.. Ta~lr~il'.A... Origlna1/8~t No. 32/.,' ilL. V.. . ¿cOil, ;qwiI ioyA (I ~ ~. 1)""/ iI."'': // Î U",.If." ¡;,~ ~" . t'':~ v, 2.9. Allowances for Interruptions in Service 2.9.3 Application of Credits for Interruptions of Service A. In the event of a service interruption that is not resolved within the time period specified in Section 2.9.1 (D), the customer shall receive a credit to their account equal to the monthly rate for one months basic local exchange service. Issued: December _,2009 Effective: Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938 i.2 IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 33 SECTION 2. RULES AND REGULATIONS (Contd) 2.10 Taxes and Fees 2.10.1 2.10.2 2.10.3 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 biled 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. 2.11 Returned Check Charge A return check charge of $25.00 wil be assessed for checks returned for insufficient funds. 2.12 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. Effective:,2009Issued: December _,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 34 SECTION 2. RULES AND REGULATIONS (Contd) 2.13 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 wil 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 Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 35 SECTION 2. RULES AND REGULATIONS (Contd) 2.14 Disconnection and Termination of Service 2.14.1 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: 2.14.1.1 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. 2.14.1.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Commission, or any other duly authorized public authority. 2.14.1.3 Services Obtained Ilegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company. 2.14.1.4 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. 2.14.1.5 Misrepresentation of Identity. The Customer has misrepresented the Customer's 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 Effective:_,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 36 SECTION 2. RULES AND REGULATIONS (Contd) 2.14 Disconnection and Termination of Service (Contd) 2.14.1 Disconnection of Service Without Notice (Contd) 2.14.1.6 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 37 SECTION 2. RULES AND REGULATIONS (Contd) 2.14 Disconnection and Termination of Service (Contd) 2.14.2 Disconnection of Service Requiring Notice 2.14.2.1 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: 2.14.2.1.A Non-compliance with Regulations. For violation of or non-compliance with Commission's rules and regulations or for violation of or non-compliance with the Company's tariffs on file with the Commission. 2.14.2.1.B Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service subject to regulation by the Commission. 2.14.2.1.C Refusal of Access. For failure of the customer to permit the Company to have reasonable access to its equipment and propert. 2.14.2.1.D Failure to meet the Company's deposit and credit requirements. 2.14.2.1.E 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 38 SECTION 2. RULES AND REGULATIONS (Contd) 2.14 Disconnection and Termination of Service (Contd) 2.14.2. Disconnection of Service Requiring Notice 2.14.2.1.F 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. 2.14.2.1.G Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 39 SECTION 2. RULES AND REGULATIONS (Contd) 2.15 Unlawful Use of Service 2.15.1 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: 2.15.1.1 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 2.15.1.2 The Company is notified in writing by a law enforcement agency acting within its jurisdiction is being used or wil be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of the law. 2.15.2 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. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 40 SECTION 2. RULES AND REGULATIONS (Contd) 2.16 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 Effective:,2009 Issued By: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 41 SECTION 2. RULES AND REGULATIONS (Contd) 2.17 Incomplete Calls There shall be no charge for incomplete calls. No charge will be levied for unanswered calls. Customers wil receive credit for calls placed to a wrong number if the customer notifies the Company of the error. 2.18 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 42 SECTION 2. RULES AND REGULATIONS (Contd) 2.19 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 Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 43 SECTION 2. RULES AND REGULATIONS (Contd) 2.20 Emergency Callng 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 wil be equipped with E911 trunks and all E911 traffc wil 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 wilful 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 propert, 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 44 SECTION 3. DESCRIPTION OF SERVICES 3.1 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 Offce (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 wil 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 wil 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 45 SECTION 3. DESCRIPTION OF SERVICES (Contd) 3.2 Long Distance Service Long Distance Service is a voice service offered to business customers. The service permits direct dialed outbound callng at a single per minute rate. Service is provided from presubscribed, dedicated or shared use access lines. No monthly recurring charges or minimum monthly biling requirements apply. 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 46 SECTION 3. DESCRIPTION OF SERVICES (Contd) 3.3 Directory Assistance Directory Assistance (DA) is defined as furnishing aid in obtaining telephone numbers. The Directory Assistance operator wil 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 wil 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 Callng Services Custom Callng Service is an optional service arrangement of central offce services furnished to business customers. Custom Callng Features are offered subject to availability and suitably equipped central offce facilities. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 47 SECTION 3. DESCRIPTION OF SERVICES (Contd) 3.5 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. 3.6 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 wil maintain records of its ICB contracts for Commission review as conditions or circumstances may require. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 48 SECTION 4. RATES AND CHARGES 4.1 Calculation of Rates 4.1.1 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 callng station and the called station. Chargeable time ends when the callng station hangs up. If the called station hangs up, but the callng station does not, chargeable time ends when the connection is released by either automatic timing equipment in the telecommunications network or by an operator. 4.1.2 Calls are billed in (six) 6 second increments with an eighteen (18) second minimum for interLATA calls and a twenty-four (24) second minimum on intraLA TA calls. Billng wil be rounded up to the nearest penny for each calL. 4.1.3 Different rates based on the time of day or day of week are described in the following rate table. Ni htleekends The Company charges weekend rates on the following Federal holidays: New Year's Day, Presidents Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 49 SECTION 4. RATES AND CHARGES (Contd) 4.2 Local Exchange Service 4.2.1 Business Service (A) Service Charges Non-Recurring Charge Service Order Charge First Measured Business Line or Trunk $5.00 Changes, Service Restoration To change class, type or grade of service(per line or trunk) $25.00 To restore service that has been temporarily disconnected by the Company(per line or trunk, per order) $25.00 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 A/73239381.1 IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 50 SECTION 4. RATES AND CHARGES (Contd) 4.2 Local Exchange Service (Contd) 4.2.1 Business Service (Contd) (B) Monthly Recurring Charges Monthly Rate Non-Recurring Per Main and Each Additional Line $26.60 $25.00 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 51 SECTION 4. RATES AND CHARGES (Contd) 4.3 Long Distance Service Day, Evening and Night Initial Minute $0.15 Each Addl Minute $0.15 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 52 SECTION 4. RATES AND CHARGES (Contd) 4.4 Directory Assistance Service Customer Dialed -Local DA $0.35 Per Call National DA $0.85 Per Call 4.5 Custom Callng Services Monthly Non- Recurring Recurring Per Line Call Waiting $3.50 $3.25 Call Forwarding $1.25 $3.25 Three Way Callng $3.50 $3.25 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 53 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION 5.1 General IntraLATA toll presubscription is a procedure whereby an end user may select and designate an IntraLATA Toll Provider ("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 IntraLA TA toll provider. Each carrier wil 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 wil 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 ("LOI") to the Company at least twenty days prior to the IntraLATA toll-presubscription- conversion date or, if later, fort-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 5.2. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 54 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd) 5.2 Presubscription Charge Application 5.2.1 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 wil have thirty days following completion of the service request to make an IntraLATA PIC choice without charge. In the interim, the customer wil be assigned a "No-PIC" and wil have to dial an access code to make IntraLATA toll calls. The free selection period available to new end users is the period within thirt days of installation of the new service. Initial free selections available to new end user are: 1. Designating an ITP as their primary carrier, thereby requiring no access code to access that ITP's service. Other carriers are accessed by dialing 101-XXXX or other required codes. 2. Choosing no carrier as a primary carrier, thus requiring 101-XXXX code dialing to access allITPs. This choice can be made by directly contacting the Company. 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 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 55 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd) 5.2 Presubscription Charge Application (Contd) 5.2.2 Cancellation of IntraLATA Toll Presubscription by an ITP If an ITP elects to discontinue Feature Group D service after implementation of the IntraLA TA 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 wil 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 56 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd) 5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming Measure") 5.3.1 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. 5.3.2 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: 5.3.2.1 The ITP has obtained the customer's written authorization to submit the order that explains what occurs when a PIC is changed and confirms: 5.3.2.1.A The customer's billing name and address and each telephone number to be covered by the PIC change order; 5.3.2.1.B The decision to change the PiC to the ITP; and 5.3.2.1.C The customer's understanding of the PIC change fee; or 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 57 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd) 5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming Measure") (Contd) 5.3.2 Verification of Orders for Telemarketing (Contd) 5.3.2.2 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 5.3.2.1 preceding to confirm the authorization; or 5.3.2.3 An appropriately qualified and independent third part 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.g., the customer's date of birth or social security number). 5.3.3 The Company will follow the Federal Communications Commission's and the Commission's regulations regarding slamming. The Company wil not impose a penalty or charge for unauthorized IntraLATA toll provider changes. 5.3.4 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239381. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 58 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd) 5.4 Rates and Charges Non-recurring Charge Authorized PICIIPIC Change Charge Electronic Manual PIC/IPIC Change (Change made at the Same time to the same IC, CLC or LEC for both InterLATA and IntraLATA $1.25 $5.50 $0.63 (Electronic) $2.75 (Manual) 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 A/7323938l. IntelePeer, Inc. Idaho P.U.C. Tariff NO.1 Original Sheet No. 59 SECTION 6. - MISCELLANEOUS SERVICES AND CHARGES 6.1 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323938l. Exhibit E Ilustrative Access Services Tariff A/7318438l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 1 Tariff Schedule Applicable to Intrastate Switched Access Services Furnished by IntelePeer, Inc. Between Points Within the State of Idaho This taiff contains the descriptions, regulations, and rates applicable to the fuishing of service for telecommunications services provided by IntelePeer, Inc. with principal offices at 2855 Campus Drive, Suite 200, San Mateo, CA 94403. Ths taiff applies for services fuished within the State ofIdaho. This taiff 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: Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 2 CHECK SHEET The sheets of this taiff 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 curently in effect as of the date on the bottom of this sheet. Page Number or Revision Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 3 CHECK SHEET (Contd.) Page Number or Revision Page Number of Revision 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 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 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 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 Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 4 TABLE OF CONTENTS TITLE PAGE. ...... ........... .......... .............. .......... ..................... .............. ...... ....... ............... ................1 CHECK SHEET...............................................................................................................................2 TABLE OF CONTENTS ................................................................................................................4 TARIFF FORMAT ..........................................................................................................................6 EXPLANATION OF SYMBOLS AND REFERENCE MARS USED IN THIS TARIFF .................................................................................................7 CONTACT INFORMATION..........................................................................................................8 DEFINITIONS ... ................. ...... ....... ................. ......... ........... ....... ........... ... ..... ............ ......... .... ........9 1.0 APPLICATION OF TARIFF ...........................................................................................18 2.0 REGULATIONS ...............................................................................................................19 2.1 Undertaking of the Company.......... ........ ............ ................................................ ..19 2.2 Prohibited Uses .....................................................................................................25 2.3 Obligations of the Customer ................. .... ........ ...... .................................. ............26 2.4 Customer Equipment and Chanels.......................................................................31 2.5 Customer Deposits and Advance Payments .........................................................32 2.6 Payment Arrangements ... ............. ................ .... ............ ...... .................. .................34 2.7 Allowances for Interrptions in Service ............................. ...................... .............45 2.8 Application of Rates ..............................................................................................50 3.0 SERVICE AND RATE DESCRIPTIONS ........................................................................55 3.1 Access Services .....................................................................................................55 3.2 Miscellaneous Services .........................................................................................87 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 5 TABLE OF CONTENTS (Cont'd.) Page 4.0 BILLING AND COLLECTION SERVICES....................................................................91 4.1 General ..................................................................................................................91 4.2 Recording Service .................................................................................................91 4.3 Automatic Number Identification .........................................................................98 4.4 Biling Name and Address Service .......................................................................98 5.0 RATES.............................................................................................................................103 5.1 Access Service .....................................................................................................103 5.2 Reserved for Future Use ......................................................................................113 5.3 Miscellaneous Services............... .................. .............................. ........ ............... ..114 5.4 Biling and Collection Services ...........................................................................1 15 5.5 Transit Traffic Service .........................................................................................115 5.6 LNP Query Service..............................................................................................115 5.7 Pay Phone Dial Around Recovery ...................................................................... .115 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 6 TARIFF FORMT A. Page Numbering - Page numbers appear in the upper right comer of the page. Pages are numbered sequentially. However, new pages are occasionally added to the taiff. 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 14.1. B. Page Revision Numbers - Revision numbers also appear in the upper right comer of each page. These numbers are used to determine the most curent page version on fie with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. C. Paragraph Numbering Sequence - There are various levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.1 2.1.1 2.1.1.1 D. Check Sheets - When a tarff fiing 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 wil 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 taiff user should refer to the latest Check Sheet to find out if a particular page is the most curent on file with the Commission. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 7 EXPLANATION OF SYMBOLS AND REFERENCE MARS USED IN THIS TARFF The following symbols shall be used in this taiff for the purpose indicated below: (C) - To signify changed listing, rule or conditions which may affect rates or charges (D) - To signify discontinued material, including a listing, rates rule 0 condition (I) - To signify an increase in a rate (M) - To signify text or rates relocated without change (N) - To signify a new material including listing, rate rule or condition (R) - To signify a reduction in a rate (S) - To signify reissued regulations (T) - To signify a change in wording of text but no change in rate, rule or condition Issued: December _' 2009 .Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 8 CONTACT INFORMATION IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 Phone: (650) 525-9200 Fax: (650) 287-2628 Customer Contacts - F or establishment of service, complaints, and inquiries regarding service and biling, 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 concernng tariffs and regulatory affairs: Julie Barghouthi Sf. 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 jbarghouthi(fintelepeer .com Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 9 DEFINITIONS Certain terms used generally throughout this tariff are described below. Access Lines Telephone facilities which permits access to and from the Customer's premises and the telephone exchange or serving central office Act The Communications Act of 1934 (47 USC 153(R)), as amended by the Telecommunications Act of 1996, Public Law 1 04-1 04, 110 State. 56 (1996), codified throughout 47 USC and as interpreted by applicable law. Advance Payment A payment required before the star of service. Access Services The Company's intrastate telephone services offered pursuant to this taiff. Automatic Number Identification (ANI) A multi-frequency, signaling common switching featue that provides the automatic transmission of a seven or ten digit number and information digits to the customers premise for calls originating in the LATA to identify the calling pary or station. Callng Part Number (CPN) means a Signaling System 7 parameter whereby the ten (10) digit number is used to identify the callng or originating pary. Central Offce Prefix The first three digits (NXX) of the seven digit telephone number assigned to an end user's local exchange service. Central Office Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distace telephone calls. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 10, DEFINITIONS (Contd.) Central Office Switch A switch used to provide Telecommuncations Services, including, but not limited to an End Office Switch or End Office which is a switching entity that is used to terminate Customer station lines for the purpose of interconnection to each other and to trus; and, a Tandem Switch or Tandem Office or Tandem that is a switching entity that has biling and recording capabilties and is used to aggregate traffic and deliver traffic to cariers' aggregation points, points of termination, or points of presence, and to provide Switched Exchange Access Services. A Central Offce Switch may also be employed as a combination End Offce/Tandem Offce Switch. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.c. Tariff No. 2 Original Page 11 DEFINITIONS (Contd.) Collocation An arangement where the equipment of a local exchange carer is installed and maintaned at the premise of another LEC. Common Carrier Denotes any individual, parnership, association, joint- stock company, trust, governent entity or corporation engaged for hire in intrastate communication by wire or radio, between two or more exchanges. Commission Idaho Public Utilties Commission, the State agency responsible for the regulation of telecommunications service within a paricular state's border. Common Channel Signaling Network Digital data network caring signaling, routing and control information which interfaces with the telecommunications network. Company IntelePeer, Inc., 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 Company's regulations. Customer Proprietary Network Information (CPNI) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a the Company and that is made available to the Company by the customer solely by virtue of the Company-customer relationship; and information contained in the bils pertaining to telephone exchange service or telephone toll service received by a customer of a carier; except that such term (CPNI) does not include subscriber list information. Digital Signal Levell (DSl) 1.544 Mbps first level signal in the time division multiplex hierarchy. In the time division multiplexing hierarchy of the telephone network, DS 1 is the initial level of multiplexing. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 12 DEFINITIONS (Contd.) Digital Signal Level 3 (DS3) The 44.736 Mbps third level in the time division multiplex hierarchy. In the time division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. End Offce With respect to each NPA-NX code prefix assigned to the Company, the location of the Company's "end office" for puroses of this tariff shall be the point of interconnection associated with an NPA-NXX code as listed in 2.8.2(A) following. End User A customer of telecommunications service who is not a telecommunications carier. Exchange A unit generally smaller than a Market Service Area (MSA), established by a local service provider for the administration of communications services in the specific area. One or more exchanges comprise a MSA. Exchange Telephone Company Denotes any individual, partnership, association, joint- stock company, trust, or corporation engaged in providing switched communication within an exchange. Extended Area Service (EAS) A switching and truing arangement which provides for non-optional, unimited, two-way, flat rate callng service between two or more telephone exchanges, provided at either the applicable local exchange rate or the applicable local exchange rate plus an EAS increment rather than at the toll message rate. Facilty or Facilties Lines, conduits, ducts, poles, wires, cables, cross-ars, receivers, transmitters, instrents, machines, appliances, instruentalities and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by a telecommunications company to facilitate the provision of telecommunications service. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 13 DEFINITIONS (Cont'd.) FCC The Federal Communcations Commission Grandfathered Services ordered under the provisions of this tariff but are no longer available to new customers. Individual Case Basis A condition in which the regulations (if applicable), rates and charges for an offering under the provision of this taiff are developed based on the circumstance in each case Intrastate Access Service Provides for a two-point communications path between a Customer's premises or a collocated interconnection location and an end user's premises for originating and terminating calls within the state. Internet Traffc Any traffic exchanged between Company and the customer that is originated by or delivered to an Enhanced Service Provider, including an Internet Service Provider. Local Access and Transport Area (LATA) A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Cour for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the NATIONAL EXCHANGE CARRER ASSOCIATION, INC. TARIFF F.C.C. NO.4. LocalExchange Routing Guide (LERG) The telecommunications industry database tool used to provision NP A/Xs and provide routing information to facilitate call completion. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 14 DEFINITIONS (Contd.) Local Traffic Traffic, including but not limited to Internet Traffic, that is originated by a Customer, user, subsidiar or affiiate of the Customer on the customer'snetwork or service and termnates to the Company or another customer of the Company on the Company's network, within a given local callng area, or expanded area service (nEAS n) area as defined in the originating carier's effective Customer Tariffs, or, if the Commission has defined local callng areas applicable to all LECs, then as so defined by the Commission. Loss The value placed on injur or damages due to an accident caused by another's negligence, a breach of contract or other wrongdoing. Meet Point Biling A situation when two or more exchange telephone companies are involved in the provisioning and biling of telecommuncations service. MODs Minutes of Use North American Numbering Plan (NANP) A three-digit area code (also known as a Number Plan Area (NPA), and a seven digit telephone number, made up of a three digit central office code and a four-digit station number. The NANP is administered by the North American Numbering Plan Administrator (NANPA). Originating Carrier The carier whose end user originates a call on the carier's network or switching equipment. Issued: December _' 2009 Effective Date:,2009 Julie Barghouth Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 15 DEFINITIONS (Contd.) Percentage of Interstate Usage (PIU) The interstate jurisdictional use of a telecommuncations service, as reported by the customer. This percentage is stated as a whole number percentage (a number from 0 though 100 percent) which is the best estimate of the percentage of the total use of the service that will be interstate in nature by the customer. Percent of Local Usage (PLU) The local jurisdictional use of a telecommunications service as reported by the customer. This percentage is stated as a whole number percentage (a number from 0 through 100 percent) which is the best estimate ofthe percentage of the total use of the service that will be local in natue by the customer. Point of Interconnection (POI) The physical location, building or equipment where two separate networks connect to each other in order to pass telecommunications traffic and signaling. Recurring Charges The monthly charges to the Customer for services, facilities and equipment which continue to apply for duration of the service. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 16 DEFINITIONS (Contd.) Service Commencement Date The first date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer's refusal to accept service which does not conform to stadards set fort in the Service Order or ths taiff in which case the Service Commencement Date is the date of the Customer's acceptace. The Company and the Customer may mutually agree on a substitute Service Commencement Date. If the Company does not have an executed Service Order from a Customer, the Service Commencement Date will be the first date on which the service or facility was used by a Customer. Service Order The request for access services, either wrtten or electronic, executed by the Customer and the Company in the format devised by the Company. Such a request for service by the customer and the acceptace of the request by the Company initiates the respective obligations of the paries as set fort therein and pursuant to this taiff, but the duration of the service is calculated from the Service Commencement Date. Should a Customer use the Company's access service without an executed Service Order, the Company will then request the Customer to submit a Service Order. Serving Wire Center The wire center from which the customer designated premises would normally obtain dial tone from the Company. Shared A facility or equipment system or subsystem that can be used simultaeously by several Customers. Signaling Transfer Point (STP) A specialized switch that provides SS7 network access and performs SS7 message routing and screening. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 17 DEFINITIONS (Contd.) Tandem Transit or Third Part Tandem Transit An arangement that provides indirect Interconnection, via a thrd par's tadem, that is used by the Company and the Customer for the reciprocal exchange of local and IntraLA T A Toll Traffc between their respective networks and/or service. Telecommunications Service The offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, provided through a system of switches, transmission equipment, or other facilties (or combination thereof) by which a subscriber can originate and terminate a Telecommunications Service, regardless of the facilities used. Telecommunications Service generally provides the Customer with a telephonic connection to, and a unique telephone number address on, the public switched telecommunications network, and enables such Customer to place or receive calls to all other stations served by the public switched telecommunications network. It also provides service within a telephone exchange or within a connected system of telephone exchanges within the same exchange area operated to fuish subscribers intercommunicating service of the character ordinarily fuished by a single exchange Terminating Carrier The carier who terminates a call to the carier's end user a call on the carrier's network or switching equipment. Termination Point The point of demarcation within a customer designated premises or point of interconnection at which the Company's responsibility for the provision of service ends. Toll Traffic Between stations in different exchange areas for which there is a separate charge not included in contracts for local exchange service. User A Customer or any other person authorized by the Customer to use service provided under this tariff. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 18 DEFINITIONS (Contd.) Wire Center A building in which one or more end offices, used for the provision of Exchange Services, are located. V and H Coordinates Method A method of computing the distance, in airline miles, between two point by utilizing an established formula which is based on the vertical and horizontal coordinates of the two points. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 19 SECTION 1. AP PLICATION OF TARIFF 1.1.1 This tariff applies to intrastate access service supplied to Customers for origination and termination of traffc to and from Central Offce codes directly assigned to IntelePeer, Inc. and traffic from those central offce codes assigned to other carriers that transits IntelePeer's facilties. 1.1.2 Except as provided in 3.1.3(A), this tariff applies only to the extent that services provided hereunder are used by a Customer for the purose of originating or terminating intrastate communcations. A communication is "intrastate" only if all points of origination and termination are located within the State of Idaho. 1.1.3 This taiff shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Commission. 1.1.4 If this Tarff contains provisions that deny or restrict a Customer's rights otherwse protected by Commission rules, the Commission rules supersede any conflcting provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 20 SECTION 2. REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertakes to fuish access services in accordance with the terms and conditions set forth in this taiff. 2.1.2 Shortage of Facilities All service is subject to the availabilty of suitable facilities. The fuishing of service under this taiff is subject to the availability on a continuing basis of all the necessar facilities and equipment and is limited to the capacity of the Company's facilities to fuish service as required at the sole discretion of the Company. 2.1.3 Terms and Conditions (A) Service is provided on the basis of a minimum period of at least one-month, 24-hours per day. For the purose of computing charges in this taiff, a month is considered to have thirty (30) days. (B) The Company reserves the right to discontinue service, limit service, or to impose requirements when Customer is using the service in violation of the provisions of this taiff, or as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect of on the business or economic feasibilty of providing service, as determined by the Company in its reasonable judgment. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 21 SECTION 2. REGULATIONS (Contd.) 2.1 Underting of the Company 2.1.3 Terms and Conditions (C) In any action between the paries to enforce any provision of this tariff, the prevailing pary shall be entitled to recover its legal fees and court costs from the non-prevailng part in addition to other relief a cour may award. (D) Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Customers wil also be required to execute any other documents as may be reasonably requested by the Company. (E) This tariff shall be interpreted and governed by the laws ofthe State ofIdaho without regard for its choice of laws provision. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 22 SECTION 2. REGULATIONS (Contd.) 2.1 Undertakng of the Company (Cont'd.) 2.1.4 Liability of the Company (A) Except as otherwse stated in this Tariff, the liabilty of the Company for damages arising out of the fuishing of its Services, including but not limited to mistakes, omissions, interrptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to fush the service, whether caused by acts or omission, shall be limited to the extension of allowances for interrption as set forth in Section 2.7. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liabilty of the Company. The Company wil not be liable for any direct, indirect, incidental, special, consequential, exemplar or punitive damages to the Customer as a result of any Company service, equipment or facilities, or any acts or omissions or negligence of the Company's employees or agents. (B) The Company shall not be liable for any delay or failure ofperfortance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action, or request of the United States governent, or of any other governent, including state and local governents having or claiming jurisdiction over the Company, or of any deparent, agency, commission, bureau, corporation, or other instrentaity of anyone or more of these federal, state, or local governents, or of any civil or milita authority; national emergencies; insurections; riots; wars; unavailabilty of rights-of-way materials; or strikes, lock-outs, work stoppages, or other labor difficulties. (C) The Company shall not be liable for (a) any act or omission of any entity fuishing to the Company or to the Company's Customers facilities or equipment used for interconnection with Network Services; or (b) for the acts or omissions of common carers or warehousemen. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 23 SECTION 2. REGULATIONS (Contd.) 2.1 Undertaking of the Company (Contd.) 2.1.4 Liability of the Company (Contd.) (D) The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfuction of equipment or facilities provided by the Customer or third paries. (E) The Company does not guarantee nor make any waranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liabilty whatsoever, whether suffered, made, instituted, or asserted by any other pary or person( s), and for any loss, damage, or destrction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location, or use of any installation so provided. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section 2.1.4(E) as a condition precedent to such installations. (F) The Company is not liable for any defacement of or damage to Customer premises resulting from the fuishing of services or equipment on such Premises or the installation or removal thereof, unless such defacement or damage is caused by gross negligence or willful misconduct of the Company's agents or employees. (G) The Company shall be indemnified, defended and held harless by the Customer against any claim, loss or damage arising from Customer's use of services, involving claims for libel, slander, invasion of privacy, or infringement of copyright arising from the Customer's own communcations. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 24 SECTION 2. REGULATIONS (Contd.) 2.1 Underting of the Company (Cont'd.) 2.1.4 Liability of the Company (Cont'd.) (H) The entire liability for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid the Company by the Customer for the specific services in the month in which the event giving rise to the liabilty occured. No action or proceeding against the Company shall be commenced more than one year after the event giving rise to the liabilty occurred. (I) THE COMPANY MAS NO WARTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. 2.1.5 Claims The Company shall be indemnified and saved harless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees, due to claims of libel, slander, or infringement of copyright in connection with the material transmitted over the Company's facilities; and any other claim resulting from any act or omission of the Customer or end users of the Customer relating to the use of the Company's services or facilities. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 25 SECTION 2. REGULATIONS (Contd.) 2.1 Undertaking ofthe Company (Contd.) 2.1.6 Provision of Equipment and Facilities (A) Except as otherwse indicated, customer-provided station equipment at the Customer's premises for use in conjunction with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilties of the Company. (B) The Company shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment. Where such equipment is connected to service fuished pursuant to this tariff, the responsibility of the Company shall be limited to the furnshing of services under this tariff and to the maintenance and operation of such services in the proper maner. Subject to this responsibilty, the Company shall not be responsible for: (1) the through transmission of signals generated by Customer-provided equipment or for the quality of, or defects in, such transmission; or (2) the reception of signals by Customer-provided equipment; or (3) network control signaling where such signaling is performed by Customer-provided network control signaling equipment. 2.1.7 Ownership of Facilities Title to all facilities provided in accordance with this taiff remains in the Company, its agents, contractors or suppliers. Issued: December _' 2009 Effective Date:,2009 Julie Barghouth Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 26 SECTION 2. REGULATIONS (Contd.) 2.2 Prohibited Uses (A) The services the Company offers shall not be used for any unlawfl purose or for any use for which the Customer has not obtained all required governmental approvals, authorization, licenses, consents and permits. (B) The Company may require applicants for service who intend to use the Company's offering for resale and/or for shared use to fie a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and regulations, policies, orders, and decisions. (C) The Company may require a Customer to immediately shut down its transmission if such transmission is causing interference to others. (D) A Customer, joint user, or authorized user may not assign, or transfer in any maner, the service or any rights associated with the service without the written consent ofthe Company. The Company wil permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated access services. Such a transfer wil be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariffwill apply. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 27 SECTION 2. REGULATIONS (Contd.) 2.3 Obligations of the Customer 2.3.1 Customer Premises Provisions (A) The Customer shall provide the personnel, power and space required to operate all facilties and associated equipment installed on the premises of the Customer. (B) The Customer shall be responsible for providing Company personnel access to premises ofthe Customer at any reasonable hour for the purose of testing the facilities or equipment of the Company. 2.3.2 Liability of the Customer The Customer wil be liable for damages to the facilities of the Company caused by negligence or wilful acts of its offices, employees, agents or contractors of the Customer where such negligence is not the direct result of the Company's negligence. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page28 SECTION 2. REGULATIONS (Contd.) 2.3 Obligations of the Customer (Cont'd.) 2.3.3 Jursdictional Report Requirements (A) For Feature Group D Switched Access Service(s), the Company, where jurisdiction can be determined from the call detal, will determine the projected interstate percentage as follows. For originating access minutes, the projected interstate percentage will be developed on a monthly basis by end office tr group when the Feature Group D Switched Access Service access minutes are measured by dividing the measured interstate originating access minutes (the access minutes where the calling number is in one state and the called number is in another state) by the total originating access minutes when the call detail is adequate to determine the appropriate jurisdiction. For terminating access minutes, the Customer has the option to provide the Company with a projected PIU factor. Customers who provide a PIU factor shall supply the Company with an interstate percentage of the Featue Group D terminating access minutes for each account to which the Customer may terminate traffic. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 29 SECTION 2. REGULATIONS (Contd.) 2.3 Obligations of the Customer (Contd.) 2.3.3 Jurisdictional Report Requirements (Contd.) (A) (Contd.) Should the Customer not supply a terminating PIU Factor, the data used by the Company to develop the projected interstate percentage for originating access minutes will be used to develop projected interstate percentage for such terminating access minutes. When a Customer orders Feature Group D Switched Access Service, the Customer shall supply a projected interstate percentage of use for each end offce tru group involved to be used in the event that originating call details are insufficient to determine the jursdiction for the call. This percentage shall be used by the Company as the projected interstate percentage for such call detaiL. For puroses of developing the projected interstate percentage, the Customer shall utilze the saie considerations as those set forth in Section 2.3.3(B) following. The Company will designate the number obtained by subtracting the projected interstate percentage for originating and termnating access minutes from 100 (100 -projected interstate percentage = intrastate percentage) as the projected intrastate percentage of use. (B) For puroses of developing the projected interstate percentage, the Customer shall consider every call that enters the Customer's network at a point within the same state as the state where the called station is located to be intrastate and every call that enters the Customer's network at a point in a state different from the state in which the called station is located to be interstate. (C) These whole number percentages will be used by the Company to apportion the use, rates, and! or nonrecurng charges between interstate and intrastate until a revised report is received. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 30 SECTION 2. REGULATIONS (Contd.) 2.3 Obligations ofthe Customer (Cont'd.) 2.3.3 Jurisdictional Report Requirements (Cont'd.) (D) The projected interstate percentage of use wil be used to determine the charges as follows: The number of access minutes for a tru group wil be multiplied by the projected interstate percentage of use to determine the interstate access minutes. (i.e., number of access minutes x projected interstate percentage of use = interstate access minutes). The number of interstate access minutes so determined wil be subtracted from the total number of access minutes (i.e., number of access minutes - interstate access minutes = intrastate access minutes). The intrastate access minutes for the group will be biled as set forth in Section 5 following. (E) Effective on the first of January, April, July and October of each year, the Customer may update the jurisdictional reports that require a projected interstate percentage. The Customer shall forward to the Company, to be received no later than 20 calendar days after the first of each such month, a revised report showing the interstate percentage of use for the past three months ending the last day of December, March, June and September, respectively, for each service aranged for interstate and intrastate use. Except as set forth in Section 2.3.3(A) preceding where jurisdiction can be determined from the recorded message detail, the revised report wil serve as the basis for the next three months biling and wil be effective on the bil date in the following month (i.e., Februar, May, August, and November) for that service. No prorating or back biling wil be done based on the report. If the Customer does not supply the report, the Company will assume the percentage to be the same as that provided in the last quarterly report. For those cases in which a quarterly report has never been received from the Customer, the Company will assume the percentage to be the same as that provided in the order for service as set forth in Section 2.3.3(A) preceding. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 31 SECTION 2. REGULATIONS (Cont'd.) 2.3 Obligations of the Customer (Contd.) 2.3.3 Jurisdictional Report Requirements (Contd.) (F) The Customer reported projected interstate percentage of use as set forth in Section 2.3.3(A) preceding wil be used for the apportionment of any monthly rates or nonrecurring charges associated with Featue Groups B or D Switched Access Service until the end of the quarer durng which the service was activated. Thereafter, a projected interstate percentage for such apportionment will be developed quarerly by the Company based on the data used to develop the projected interstate percentage of use as set fort in Section 2.3.3(A) preceding. Where call detail is insufficient to make such a determination, the Customer wil be requested to project an interstate percentage of use to be used by the Company for such apportionment. (G) The Customer shall keep suffcient detail from which the percentage of interstate use can be ascertained and upon request of the Company make the records available for inspection. Such a request wil be initiated by the Company no more than once per year. The Customer shall supply the data within thirty (30) calendar days of the Company request. (H) The Customer may provide an additional percentage of interstate use for Entrance Facilty and Direct Trued Transport subject to the reporting requirements previously listed in this section. The percentage of interstate use may be provided per individual facility or at the biling account leveL. Should the Customer not provide a percentage of interstate use, the Company will use the reported Feature Group B or Feature Group D aggregated percentage of interstate use. (I) In the absence of both a customer provided PIU, and the necessar jurisdictional information in the call detail to determine jursdiction, the default PIU will be zero. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 32 SECTION 2. REGULATIONS (Contd.) 2.4 Customer Equipment and Chanels 2.4.1 Interconnection of Facilities (A) In order to protect the Company's facilities and personnel and the service fuished to other Customers by the Company from potentially harful effects, the signals applied to the Company's service shall be such as not to cause damage to the facilities of the Company. Any special interface equipment necessary to achieve the compatibility between facilities of the Company and the chanels or facilities of others shall be provided at the Customer's expense. 2.4.2 Inspections (A) The Company may, upon notification to the Customer, at a reasonable time, make such tests and inspections as may be necessar to determine that the requirements regarding the equipment and interconnections are being complied with in respect to the installation, operation and maintenance of Customer-provided equipment and in the wiring of the connection of Customer channels to Company-owned facilities. (B) If the protective requirements in connections with Customer-provided equipment are not being complied with, the Company may take such action as necessar to protect its facilties and personnel and wil promptly notify the Customer by registered mail in writing ofthe need for protective action. In the event that the Customer fails to advise the Company within i 0 days after such notice is received or within the time specified in the notice that corrective action has been taen, the Company may take whatever additional action is deemed necessar, including canceling service, to protect its facilities and personnel from har. The Company wil upon request 24 hours in advance provide Customer with a statement of technical parameters that the Customer's equipment must meet. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 33 SECTION 2. REGULATIONS (Contd.) 2.5 Customer Deposits and Advance Payments 2.5.1 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilties are fushed. The advance payment will not exceed an amount up to two months of estimated monthy usage charges. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recuring charges for the special constrction and recurng charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's initial bilL. An advance payment may be required in addition to a deposit. 2.5.2 Deposits (A) To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bils on presentation. The deposit will not exceed an amount equal to: (1) two month's charges for a service or facilty which has a minimum payment period of one month; or (2) the charges that would apply for the minimum payment period for a service or facilty which has a minimum payment period of more than one month; except that the deposit may include an additional amount in the event that a termination charge is applicable. (B) A deposit may be required in addition to an advance payment. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 34 SECTION 2. REGULATIONS (Contd.) 2.5 Customer Deposits and Advance Payments (Cont'd.) 2.5.2 Deposits (Cont'd.) (C) When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer's account and any credit balance remaining will be refuded. Before the service or facility is discontinued, the Company may, at its option, retu the deposit or credit it to the Customer's account. If the amount of the deposit is insufficient to cover the balance due to the Customer's account, the Company retains the right to collect any amounts owing afer the deposit has been applied plus any costs related to the collection of any remaining balance. Deposits held wil accrue interest at a rate specified by the Commission without deductions for any taxes on such deposits. Interest wil not accrue on any deposit after the date on which reasonable effort has been made to retur it to the Customer. Interest rates wil be set by the Commission under the provisions ofIDAPA 31.14.01.106. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 35 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arangements 2.6.1 Payment for Service The Customer is responsible for the payment of all charges for facilities and servces furnshed by the Company to the Customer. (A) Taxes The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however, designated) (excluding taxes on the Company's net income) imposed on or based upon the provision, sale or use of Network Services. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 36 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.1 Payment for Service (Contd.) (B) Surcharges, Fees and Assessments The Customer is responsible for payment of any surcharge, assessment or fee, including but not limited to universal service fees, 911 charges, right of way fees or other types of infrastructure fees, and regulatory assessments, where allowed by applicable law. 2.6.2 Biling and Collection of Charges The Customer is responsible for payment of all charges incured by the Customer or other users for services and facilities fuished to the Customer by the Company. (A) Non-recuring charges are due and payable within thirty (30) days after the date of the invoice. (B) The Company shall present invoices for Recurng Charges monthly to the Customer, in advance of the month in which service is provided, and Recuring Charges shall be due and payable within thirt (30) days after the date of the invoice. When biling is based upon customer. usage, usage charges wil be biled monthly for the preceding billng period. (C) When service does not begin on the first day ofthe month, or end on the last day of the month, the charge for the fraction of the month in which service was fuished will be calculated on a pro rate basis. For this purose, every month is considered to have thirty (30) days. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 37 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.2 Billng and Collection of Charges (Contd.) (D) Biling of the Customer by the Company wil begin on the Service Commencement Date, which is the day on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement ofthe paries, or if the service or facilty does not conform to standards set forth in this tariff or the Service Order. Biling accrues through and includes the day that the service, circuit, arrangement or component is discontinued. (E) If any portion ofthe payment is received by the Company after the date due, or if any portion of the payment is received by the Company in fuds which are not immediately available upon presentment, then a late payment penalty shall be due to the Company. The late payment penalty shall be the portion of the payment not received by the date due, multiplied by a late factor. The late factor shall be the lesser of: (1) a rate of 1.5 percent per month; or (2) the highest interest rate which may be applied under state law for commercial transactions. (F) The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the Company which a financial institution refuses to honor. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 38 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.2 Biling and Collection of Charges (Contd.) (G) Customers have up to 90 days (commencing 5 days after remittce of the bil) to initiate a dispute over charges or to receive credits. Any unesolved dispute may be directed in writing to the Consumer Assistance Section, Idaho Public Utilties 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. (H) If service is disconnected by the Company in accordance with Section 2.6.3 following, and later restored, restoration of service will be subject to all applicable installation charges. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 39 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Cont'd.) 2.6.3 Discontinuance of Se rvice for Cause The Company may disconnect service, without incurng any liability, 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, after the date on which the notice is mailed, in which to remove the cause for disconnection. (A) Upon nonpayment of any amounts owing to the Company, the Company may, by giving prior wrtten notice to the Customer, discontinue or suspend service without incuring any liability. (B) Upon violation of any ofthe other material terms or conditions for fushing service the Company may, by giving prior notice in writing to the Customer, discontinue or suspend service without incurring any liabilty if such violation continues durng that period. (C) Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incuring any liability. (D) Upon the Customer's insolvency, assignment for the benefit of creditors, fiing for banptcy or reorganzation, or failing to discharge an involunta petition within the time permitted by law, the Company may immediately discontinue or suspend service without incuring any liabilty. (E) Upon any governental prohibition or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incuring any liabilty. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 40 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Cont'd.) 2.6.3 Discontinuance of Service for Cause (Cont'd.) (F) In the event of fraudulent use of the Company's network, the Company may without notice suspend or discontinue service. The Customer will be liable for all related costs. The Customer wil also be responsible for payment of any reconnection charges. (G) Upon the Company's discontinuance of service to the Customer under Section 2.6.3(A) or 2.6.3(B), the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwse been provided to the Customer to be immediately due and payable (discounted to present value at six percent). 2.6.4 Notice to Company for Cancellation of Service Customers desiring to terminate service shall provide Company thirty (30) days written notice of desire to terminate service. Notice should be sent to the following address: IntelePeer, Inc. Attention: Customer Care 2855 Campus Drive, Suite 200 San Mateo, CA 94403 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 41 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.5 Ordering, Rating and Biling of Access Services Where More Than One Exchange Telephone Company is Involved Meet point biling applies when more than one Exchange Telephone Company is involved in the provision of Access Service. All recurng and nonrecuring charges for services provided by each Exchange Telephone Company are biled under each company's applicable rates as set forth in Section 2.6.5 (A) following. The Company accepts and adheres to the Ordering and Biling Forum guidelines, Multiple Exchange Carrer Access Biling (MECAB) and Multiple Exchange Carer Ordering and Design (MECOD). The Company will handle ordering, rating and biling of Access Services under this tariff where more than one Exchange Telephone Company is involved in the provision of Access Service as follows. (A) For Feature Group D Switched Access Service, when the first point of switching is not in the same Exchange Telephone Company's territory as the Customer premises, the Customer must supply a copy of the order to the Exchange Telephone Company in whose territory the Customer premises is located and any other Exchange Telephone Company(s) involved in providing the service. Each Exchange Telephone Company wil provide the portion of Local Transport to an interconnection point (IP) with another Exchange Telephone Company, and wil bil the charges in accordance with its Access Service tarff. The rate for the Transport elements will be determined as set forth in (B) following. All other appropriate charges in each Exchange Telephone Company taiff are applicable. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 42 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arangements (Cont'd.) 2.6.5 Ordering, Rating and Biling of Access Services Where More Than One Exchange Telephone Company is Involved (Cont'd.) (B) The charge for the Local Transport Facility and Termination rate elements for services provided as set forth in Section 2.6.5 (A) preceding are determined as follows: (1) Determine the appropriate Switched Access Local Transport mileage by computing the airline mileage between the two ends of the Local Transport Facility, as defined in 3. L.2(B) following. Determine the airline mileage for the Local Transport Facility charge using the V &H method as set forth in Section 2.8.2 following. (2) For Feature Groups D Switched Access Service, the Local Transport Facilty and Termination charges are determined by using the steps set forth in (a) through (c) following for the total Local Transport- Common Switched Transport charges. (a) Multiply: The number of access minutes by the number of airline miles as determined in (1) preceding by the Company's appropriate Local Transport Facility per mile per access minute rate by the Company's biling percentage factor. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 43 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.5 Ordering, Rating and Billng of Access Services Where More Than One Exchange Telephone Company is Involved (Cont'd.) (B) (Contd.) (2) (Contd.) (b) Multiply: The number of access minutes by the Company's appropriate Local Transport Termination per minute rate. The resulting amount is the Company's total Local Transport Termination charge. (c) Add: The products of (a) and (b) for the Company's total Local Transport-Common Switched Transport charges. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 44 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.5 Ordering, Rating and Biling of Access Services Where More Than One Exchange Telephone Company is Involved (Contd.) (C) The interconnection points will be determined by the Exchange Telephone Companies involved. The biling percentage (BP) factor for the Company for the service between the involved offices is listed in the NATIONAL EXCHANGE CARRIER ASSOCIATION, INC. TARIFF F.C.C. NO.4. (D) Should any changes be made to the meet point billng arangements as set forth in Section 2.6.5 (A) preceding, the Company will give affected Customers thirt (30) days' notice. (E) Should the Company act as an intermediate, non-terminating local exchange carier, Local Transport Termination rates, as determined in Section 2.6.5 (B) preceding, will not be applied to the meet point biling arangement. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 45 SECTION 2. REGULATIONS (Contd.) 2.6 Payment Arrangements (Contd.) 2.6.6 Cha nges 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 instalation fees shall be adjusted according to the term and conditions set forth in 3.1.1.2 following, Access Order Modifications. 2.6.7 Customer Overpayment The Company will pay interest on a Customer overpayment. Customer overpayment shall mean a payment to the Company in excess of the correct charges for service when caused by erroneous biling by the Company. The rate of interest shall be the unadjusted interest rate paid on Customer deposits or the late payment penalty rate, whichever is greater. Interest shall be paid from the date when the Customer overpayment was made, adjusted for any changes in the deposit interest rate or late payment penalty rate, and compounded monthly, until the date when the overpayment is refunded. No interest shall be paid on Customer overpayments that are refuded within thirty (30) days after such overpayment is received by the Company. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management Inte1ePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 46 SECTION 2. REGULATIONS (Contd.) 2.7 Allowances for Interrptions in Service Except as set forth in 2.1.4(B) preceding and 2.7.2 following, interrptions in service, which are not due to the negligence of, or noncompliance with the provisions of this taiff by, the Customer or the operation or malfuction of the facilties, power or equipment provided by the Customer, will be credited to the Customer as set forth in2.7.1 for the par of the service that the interrption affects. 2.7.1 Credit for Interrptions (A) A credit allowance wil be made when an interrption occurs because of a failure of any component fuished by the Company under this taiff. An interrption period begins when the Customer reports a service, facilty or circuit to be interrpted and releases it for testing and repair. An interrption 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, it is considered to be impaired, but not interrpted. (B) For calculating credit allowances, every month is considered to have thirty (30) days. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interrption. Only those facilities on the interrpted portion of the circuit wil receive a credit. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 47 SECTION 2. REGULATIONS (Contd.) 2.7 Allowances for Interrptions in Service (Cont'd.) 2.7.1 Credit for Interrptions (Cont'd.) (B) (Cont' d.) A credit allowance will be given for interrptions of 30 minutes or more. Credit allowances shall be calculated as follows: Interrptions of 24 Hours or Less Interrption Period Length of Interrption To Be Credited Less than 30 minutes None 30 minutes up to but not including 3 hours 1/10 Day 3 hours up to but not including6 hours 1/5 Day 6 hours up to but not including9 hours 2/5 Day 9 hours up to but not including12 hours 3/5 Day 12 hours up to but not including 15 hours 4/5 Day 15 hours up to but not including 24 hours One Day Two or more interrptions of 15 minutes or more durng anyone 24- hour period shall be considered as one interrption. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 48 SECTION 2. REGULATIONS (Cont'd.) 2.7 Allowances for Interrptions in Service (Contd.) 2.7.1 Credit for Interruptions (Contd.) (B) (Contd.) Interrptions Over 24 Hours and Less Than 72 Hours. Interrptions over 24 hours and less than 72 hours will be credited 1/5 day for each 3-hour period or fraction thereof. No more than one ful day's credit will be allowed for any period of 24 hours. Interrptions Over 72 Hours. Interrptions over 72 hours wil be credited 2 days for each full 24-hour period. No more than thirty (30) days credit will be allowed for anyone-month period. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 49 SECTION 2. REGULATIONS (Contd.) 2.7 Allowances for Interrptions in Services (Contd.) 2.7.2 Limitations on Allowances No credit allowance will be made for: (A) interrptions due to the negligence of, or noncompliance with the provisions of this taiff by the Customer, authorized user, joint user, or other common carrier providing service connected to the service of the Company; (B) interrptions due to the negligence of any person other than the Company, including but not limited to the Customer or other common carers connected to the Company's facilities; (C) interrptions due to the failure or malfuction of non-Company equipment; (D) interrptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purose of investigating and correcting interrptions; (E) interrptions of service durng a period in which the Customer continues to use the service on an impaired basis; (F) interrptions of service during any period when the Customer has released service to the Company for maintenance puroses or for implementation of a Customer order for a change in service arangements; or (G) interrption of service due to circumstances or causes beyond the control of Company. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 50 SECTION 2. REGULATIONS (Contd.) 2.7 Allowances for Interrptions in Service (Contd.) 2.7.3 Cancellation For Service Interrption Cancellation or termination for service interrption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 51 SECTION 2. REGULATIONS (Contd.) 2.8 Application of Rates The regulations set forth in this section govern the application of rates for services contaned in other sections of this tariff. 2.8.1 Charges Based on Duration of Use Customer traffc to end offces wil be measured by the Company at end office switches. Originating and terminating calls will be measured by the Company to determine the basis for computing chargeable access minutes. For originating calls over Featue Group D, usage measurement begins when the originating Feature Group D switch receives the first wink supervisory signal forwarded from the Customer's point of termination. The measurement of originating call usage ends when the originating Featue Group B or D switch receives disconnect supervision from either the originating end user's end office, indicating the originating end user has disconnected, or the Customer's point of termination, whichever is recognized first by the switch. For terminating calls over Featue Group D, the measurement of access minutes begins when the terminating Featue Group D switch receives answer supervision from the terminating end user's end offce, indicating the terminating end user has answered. The measurement of terminating call usage over Feature Group D ends when the terminating Feature Group D switch receives disconnect supervision from either the terminating end user's end office, indicating the terminating end user has disconnected, or the Customer's point of termination, whichever is recognized first by the switch. Access minutes or fractions thereof are accumulated over the biling period for each end office and are then rounded up to the nearest access minute for each end office. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.c. Tariff No. 2 Original Page 52 SECTION 2. REGULATIONS (Contd.) 2.8 Application of Rates (Contd.) 2.8.1 Charges Based On Duration of Use (Contd.) 2.8.1.1 Rate Periods except Holidays Applies to intraLAT A intrastate traffic Rate Period From Times Applicable To But Not Including Day Evening Night 8:00A.M. 9:00P.M. 11:00 P.M. 11:00 P.M. 9:00P.M. 11:00 P.M. 8:00A.M. 8:00A.M. Days Applicable Monday - Friday Monday - Friday Monday - Friday Weekend (Friday - Monday) Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 53 SECTION 2. REGULATIONS (Contd.) 2.8 Application of Rates (Contd.) 2.8.2 Rates Bas ed Upon Distance Where the charges for service are specified based upon distace, the following rules apply: (A) Distance between two points is measured as airline distance between the wire centers of the originating and terminating telephone lines. The wire center is a set of geographic coordinates, as referenced in the NATIONAL EXCHANGE CARRER ASSOCIATION, INC. TARIFF FCC No.4, associated with each NP A-NXX combination (where NPA is the area code and NXX is the first three digits of a seven-digit telephone number). Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 54 SECTION 2. REGULATIONS (Cont'd.) 2.8 Application of Rates (Contd.) 2.8.2 Rates Based Upon Distance (Contd.) (B) The airline distance between any two wire centers is determined as follows: (1) Obtan the "V" and "H" coordinates for each wire center from the above-referenced NECA tariff. (2) Compute the difference between the "V" coordinates of the two wire centers; and the difference between the two "H" coordinates. (3) Square each difference obtaned in step (2) above. (4) Add the square of the "V" difference and the square of the "H" difference obtained in step (3). (5) Divide the sum of the squares by 10. Round to the next higher whole number if any fraction is obtained. (6) Obtain the square root of the whole number result obtained above. Round to the next higher whole number if any fraction is obtained. This is the airline mileage. (7)Formula =.. ¡(Vi - V2)2 + (Hi - H2)2\J 10 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 55 SECTION 2. REGULATIONS (Contd.) 2.8 Application of Rates (Contd.) 2.8.3 Mileage The mileage to be used to determine the Local Transport Facility monthly rates are calculated on the airline distance between the end office switch where the call cared by Local Transport originates or terminates and the customer's serving wire center. The V &H coordinates method is used to determine mileage. This method is set forth in Section 2.8.2. The Local Transport Facilty mileage rates are shown in Section 5.1.3 (B) in terms of per mile per access minute. To determine the rate to be biled, first compute the mileage. Should the calculation result in a fraction of a mile, the fraction will always be rounded up to the next whole mile before determining the mileage. Then multiply the mileage by the appropriate Local Transport Facility rate. The amount to be biled shall be the product of this calculation (i.e., the number of miles multiplied by the per mile rate) multiplied by the number of access minutes. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 56 SECTION 3. SERVICE AND RATE DESCRIPTIONS 3.1 Access Services Switched Access Service, which is available to Customers for their use in furishing their services to end users, provides a two-point communications path between a Customer's premises (or a collocated interconnection location) and an end user's premises. It provides for the use of common terminating, switching and trnkng facilities. Switched Access Service provides for the abilty to originate calls from an end user's premises to a Customer's premises (or a collocated interconnection location), and to terminate calls from a Customer's premises (or a collocated interconnection location) to an end user's premises in the LATA where it is provided. Switched Access Service must be ordered separately for each LATA in which the customer desires to originate or terminate calls. Switched Access Service is provided in the following service categories, which are differentiated by their technical characteristics and the maner in which an end user or Customer accesses them when originating or terminating calls. FGD Access, which is available to all Customers, provides tr side access to Company end office switches with an associated uniform 10XX or 101XXXX access code for the Customer's use in originating and terminating communcations. End users may also originate calls to a selected FGD Access Customer by dialing 1+NPA-NXX-XXX when using the Company's pre subscription service. Toll Free Data Base Access Service, which is available to all Customers, provides tr side access to Company end office switches in the originating direction only, for the Customer's use in originating calls dialed by an end user to telephone numbers beginnng with the prefix "800", "866", "888", or "877", for example. Toll Free DataBase Access Service is offered in conjunction with Featue Group D Access. Transit Traffic Service is an access service in which the Company transits traffc originated by a third pary who is not an End User or other user of the Company's local exchange or exchange access service through its wire centers to a Customer. Transit Traffc Service is comprised of various facilties, connections, features and fuctions. It provides for the use of common terminating, common switching and switched transport facilities of the Company but does not include local switching. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 57 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order An Access Service Order is used by the Company to provide a Service. When placing an order for Access Service, the Customer shall provide, at a minimum, the following information: For Featue Group D Switched Access Service, the Customer shall specify the number of busy hour minutes of capacity (BHMC) from the Customer's premises to the end office by traffc tye. This information is used to determine the number of transmission paths. The Customer shall also specify the Local Transport and Local Switching options. When FGD is ordered by specifying the number of trus and direct routing to an end office is desired, the customer shall specify: the end offce and the Local Transport and Local Switching options desired. When FGD is ordered by specifying the number of trunks and end office routing via an access tandem operated by another Exchange Telephone Company is desired, the customer shall specify: the access tandem, the Local Transport and Local Switching options desired, and an estimate of the amount of traffic to be generated to and/or from each Company end office subtending another Exchange Telephone Company's access tandem. In addition, for Featue Group D with the SS7 signaling option, the Customer shall specify the switching point codes and tru circuit identification codes for trus with the SS7 signaling option, and the STP point codes, signaling link codes and link type for each Common Chanel Signaling Access (CCSA) connection ordered. When a Customer orders FGD in trs, the Customer is responsible to assure that sufficient access facilities have been ordered to handle its traffic. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 58 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) For 800 Data Base Access Service, the Customer shall order the service in accordance with the preceding provisions set forth for Featue Group D. If the Customer desires any ofthe optional features available with 800 DataBase Service, the Customer shall so specify on the order for service. 3.1.1.1 Access Order Service Date Intervals Access Service is provided with one of the following Service Date Intervals: -Standard Interval -Negotiated Interval -Advance Order Interval (A) Stadard Interval A schedule of Stadard Intervals applicable for Switched Access Services and is as follows: Tru Groups Standard Interval 1 to 4 Trus 5 to 24 Trus 28 Days 30 Days (B) Negotiated Interval The Company wil negotiate a service date interval with the Customer when: (l) There is no Stadard Interval for the service, or; (2) The quantity of Access Services orders exceeds the quatities specified in the Standard Intervals, or; Issued: December _' 2009 Effective Date: , 2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 59 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.1 Access Order Service Date Intervals (Cont d.) (B) Negotiated Interval (Contd.) (3) The Customer requests a service date beyond the applicable Stadard Interval service date except as set forth in (C) following. The Company will offer a service date based on the tye and quantity of Access Services the Customer has requested. The Negotiated Interval may not exceed by more than six months the Standard Interval service date, or, when there is no Standard Interval, the Company offered service date. All services for which rates are applied on an individual case basis are provided with a Negotiated IntervaL. Common Chanel Signaling Access (CCSA) links will be provided on a Negotiated IntervaL. New or existing FGD trus ordered with the SS7 signaling option wil be provided on a Negotiated IntervaL. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 60 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.1 Access Order Service Date Intervals (Cont d.) (B) Negotiated Interval (Contd.) (3) (Contd.) The addition and/or deletion of a Toll Free Access Service six digit customer identification NXX is provided with a Negotiated IntervaL. The addition of a Toll Free Access Service ten digit customer identification record to the Toll Free Access Service data base or the deletion of a Toll Free Access Service ten digit customer identification record from the Toll Free Access Service data base is provided with a Negotiated IntervaL. Maximum Interval Initial Establishment of service where Customer is: - Not yet provided with any Tru Group servce in the LATA 6 Months - Provided Tru Group service in the LATA 90 Days Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 61 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.1 Access Order Service Date Intervals (Contd.) (C) Advance Order Interval When placing an Access Order, a Customer may request an Advance Order Interval for a service date of 12 to 24 months from the Application Date for the following services: A minimum of 24 voice grade equivalent Switched Access Service lines or trunks or 720 BHMCs Orders for less than the minimum quatities wil be accommodated under Standard or Negotiated Interval provisions. Advance Order Interval Access Orders are subject to all ordering conditions of Standard and Negotiated Interval Access Orders except for the following: (1) Advance Payment A nonrefudable Advance Payment will be calculated as follows: Advance Payment (Nonrefundable) The minimum monthly charge for the minimum period plus th~ applicable Nonrecuring Charges for the services ordered. This Advance Payment is due ten (10) working days from the date the Company confirms acceptance of the order, or on the Application Date, whichever date is the later date. If the Advance Payment is not received by such payment date, the order will be canceled. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 62 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Cont'd.) 3.1.1 Access Service Order (Cont'd.) 3.1.1.1 Access Order Service Date Intervals (Cont' d.) (C) Advance Order Interval (Cont'd.) (1) Advance Payment (Cont'd.) When the Access Services are connected on the service date, the Advance Payment wil be applied, as a credit, to the Customer's biled service charges. When there has been a decrease in the number of services originally ordered, as set forth in (2) following, only the portion of the Advance Payment for services actually installed will be credited. (2) Cancellation or Parial Cancellation of an Advance Order Interval Access Order When the Customer cancels an Access Order, the order will be withdrawn. The Advance Payment will not be credited or refuded. Any decrease in the number of ordered Access Services wil be treated as a parial cancellation, and the portion of the Advance Payment for the services canceled wil not be credited or refuded. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 63 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.1 Access Service Order (Cont'd.) 3.1.1.2 Access Order Modifications The Customer may request a modification of its Access Order at any time prior to notification by the Company that service is available for the Customer's use or prior to the service date, whichever is later. Any increase in the number of Switched Access Service lines, trus or busy hour minutes of capacity or CCSA signaling connections will be treated as a new Access Order (for the increased amount only). (A) Service Date Change Charge Access Order service dates for the installation of new services or rearrangements of existing services may be changed, but the new service date may not exceed the original service date by more than thirt (30) calendar days. When, for any reason, the Customer indicates that service canot be accepted for a period not to exceed thirt (30) calendar days, and the Company accordingly delays the start of service, a Service Date Change Charge wil apply. If the Customer requested service date is more than thirt (30) calendar days after the original service date, the order will be canceled by the Company and reissued with the appropriate cancellation charges applied. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 64 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.2 Access Order Modifications (Contd.) (A) Service Date Change Charge (Contd.) A Service Date Change Charge will apply, on a per order per occurence basis, for each service date changed. The applicable charge is found in Section 5.1.1. (B) Parial Cancellation Charge Any decrease in the number of ordered Switched Access Service lines, trus or busy hour minutes of capacity ordered with a Standard or Negotiated Interval Access Order will be treated as a parial cancellation and the charges as set forth in Section 3.1. 1.3 following will apply. Parial cancellation charges do not apply to Advance Order Interval Access Orders. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 65 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.2 Access Order Modifications (Contd.) (C) Design Change Charge The Customer may request a design change to the service ordered. A design change is any change to an Access Order which requires engineering review. Design changes do not include a change of customer premises, end user premises, end offce switch, Featue Group type except for changes to Feature Group D. Changes of this natue wil require the issuace of a new order and the cancellation of the original order with appropriate cancellation charges applied. The Design Change Charge wil apply on a per order per occurence basis, for each order requiring a design change. The applicable charge is found in Section 5.1.1. If a change of service date is required, the Service Date Change Charge will also apply. DSO Order Expedite Charge The Company will impose an expedite charge on any order for circuits requested by the customer to be installed earlier than the standard interval for DSO orders. A charge of twenty-five dollars per DSO expedited, regardless of service address, wil be assessed to the customer. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 66 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.2 Access Order Modifications (Contd.) (D) Expedited Order Charge When placing an Access Order for service( s) for which Standard Intervals exist, a Customer may request a service date that is prior to the Standard Interval service date. A Customer may also request an earlier service date on a pending Stadard, Negotiated or Advance Order Interval Access Order. If the Company agrees to provide service on an expedited basis, an Expedited Order Charge wil apply. If the Company receives a request for an expedited service date at the time a Standard Interval Access Order is placed, the Expedited Order Charge is calculated by suming all the nonrecurng charges associated with the order and then dividing this tota by the number of days in the Standard IntervaL. The charge is then applied on a per day of improvement basis, per order, but in no event shall the charge exceed fifty percent of the total nonrecurng charges associated with the Access Order. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 67 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.3 Cancellation of an Access Order (A) A Customer may cancel an Access Order for the installation of service at any time prior to notification by the Company that services available for the Customer's use or prior to the service date, whichever is later. The cancellation date is the date the Company receives written or verbal notice from the Customer that the order is to be canceled. The verbal notice must be followed by written confirmation within ten (10) days. If a Customer or a Customer's end user is unable to accept Access Service within thirty (30) calendar days after the original service date, the Customer has the choice of the following options: The Access Order shall be canceled and charges set forth in (B) following will apply, or Biling for the service wil commence. If no cancellation request is received within the specified thirty (30) calendar days, billng for the service wil commence. In any event, the cancellation date or the date biling is to commence, as applicable, shall be the 31 st day beyond the original service date of the Access Order. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 68 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Cont'd.) 3.1.1 Access Service Order (Cont'd.) 3.1.1.3 Cancellation of an Access Order (Cont' d.) (B) When a Customer cancels a Standard or Negotiated Interval Access Order for the installation of service, a Cancellation Charge will apply as follows: (l) When the Customer cancels an Access Order, a charge equal to the estimated provisioning costs incurred at a paricular date for the service ordered by the Company shall apply. (2) If the Company misses a service date for a Standard or Negotiated Interval Access Order by more than thirty (30) days, due to circumstances such as acts of God, governental requirements, work stoppages and civil commotions, the Customer may cancel the Access Order without incurring cancellation charges. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 69 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.4 Minimum Period (A) The minimum period for which Access Service is provided and for which charges are applicable, is one month. (B) The following changes will be treated as a discontinuance of the existing service and an installation of a new service. All associated nonrecurng charges will apply for the new service. The changes listed below are those which will be treated as a discontinuance and installation of service and for which a new minimum period wil be established. (1 ) A move to a different building. (2) A change in tye of service. (3) A change in Switched Access Service Interface Group. (4) A change in Switched Access Service traffic type. (5) A change in STP Access linle (6) A change in STP Port. (7) A change in Company-provided Switched Access Service to a Collocated Interconnection arangement or vice versa. (8) A change to an existing Feature Group D Service to include the provision of 64 kbps Clear Chanel Capability. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 70 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.5 Minimum Period Charges When Access Service is disconnected prior to the expiration of the minimum period, charges are applicable for the balance of the minimum period. The Minimum Period Charge for monthly biled services will be determined as follows: For Switched Access Service, the charge for a month or fraction thereof is equal to the applicable minimum montWy charge for the capacity. All applicable nonrecurng charges for the service will be biled in addition to the Minimum Period Charge. 3.1.1.6 Nonrecurng Charges Nonrecurrng charges are one-time charges that apply for a specific work activity (i.e., installation or change to an existing service). Types of nonrecurring charges that apply for Switched Access Service are: instalation of service and service rearangements. (1) Installation of Service Nonrecurring charges apply to each Switched Access Service installed. For Switched Services ordered on a per tr basis, the charge is applied per tru or out of band signaling connection. For Switched Services ordered on a busy hour Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 71 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.1 Access Service Order (Contd.) 3.1.1.6 Nonrecurring Charges (Cont'd.) (l) Installation of Service (Cont' d.) minutes of capacity basis, the charge is also applied on a per tru basis but the charge applies only when the capacity ordered requires the installation of an additional tru(s). In addition, nonrecuring charges apply when an out of band signaling connection is installed for use with FGD. (2) Service Rearrangements All changes to existing services other than changes involving administrative activities only will be treated as a discontinuance of the existing service and an installation of a new service. The nonrecuring charge described in (l) preceding will apply for this work activity. Moves that change the physical location of the point of termination are described below. (a) Moves Within the Same Building When the move is to a new location within the same building, the charge for the move will be an amount equal to one half of the nonrecuring charge for the capacity affected. There will be no change in the minimum period requirements. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 72 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Cont'd.) 3.1.1 Access Service Order (Cont'd.) 3.1.1.6 N onrecuITing Charges (Cont' d.) (2) Service Rearangements (Cont'd.) (b) Moves to a Different Building Moves to a different building will be treated as a discontinuance and sta of service and all associated nonrecuring charges will apply. New minimum period requirements wil be established for the new service. The Customer will also remain responsible for satisfying all outstanding minium period charges for the discontinued service. 3.1.1.7 Network Blocking Charge The Customer wil be notified by the Company to increase its capability (busy hour minutes of capacity or quantities of trunks) when excessive trunk group blocking occurs on groups carying Feature Group D traffic and the measured access minutes for that hour exceed the capacity purchased. If the order for additional capacity has not been received by the Company within fifteen (15) days of the notification, the Company wil bil the Customer, at the rate set fort in 5.1.3(C) following, for each overflow in excess of ordered capacity. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 73 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.2 Stadard Rate Categories The following rate categories apply to all forms of Switched except as stated in 3.1.3: Carier Common Line Local Transport End Offce (A) Carier Common Line The Carrier Common Line rate category provides for the use of Company common lines by Customers for access to end users to furnsh Customer intrastate communications. Carier Common Line is provided where the Customer obtains Company provided Switched Access Service. (l) Limitations (a) A telephone number is not provided with Carier Common Line. (b) Detail biling is not provided for Carer Common Line. (c) Directory listings are not included in the rates and charges for Carier Common Line. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 74 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Contd.) 3.1.2 Standard Rate Categories (Cont'd.) (A) Carier Common Line (Contd.) (1) Limitations (Contd.) (d) Intercept arangements are not included in the rates and charges for Carrier Common Line. (e) All tr side connections provided in the same combined access group wil be limited to the same features and operating characteristics. (2) Undertking ofthe Telephone Company Where the Customer is provided with Switched Access Service under this tariff, the Company wil provide the use of Company common lines by a Customer for access to end users at rates and charges as set forth in Section 5.1.2 following. (3) Obligations of the Customer (a) The Customer facilities at the premises of the ordering Customer shall provide the necessar on~hook and off~hook supervision. (b) All Switched Access Service provided to the Customer wil be subject to Carrier Common Line charges, excluding the Common Chanel Signaling Access exemption. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 75 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.2 Stadard Rate Categories (Cont'd.) (A) Carier Common Line (Cont'd.) (4) Common Chanel Signaling Access Exemption The Common Chanel Signaling Access Signal Tranfer Point (STP) Port Termination charge, as set forth in Section 5.1.3 following, is not subject to a Carier Common Line charge. (5) Rate Regulations (a) The Carier Common Line charges will be biled per access minute to each Switched Access Service Customer. (b) When the Customer reports interstate and intrastate use of Switched Access Service, the Carier Common Line charges wil be biled only to intrastate interLATA and/or intraLATA Switched Access Service access minutes based on the data reported by the Customer set forth in Section 2.3.3 preceding. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 76 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.2 Standard Rate Categories (Cont'd.) (B) Local Transport The Local Transport rate category provides for transmission facilties between the Customer's premises or collocated interconnection location and the Company's end office switch( es) where the Customer's traffic is switched to originate or terminate its communications. Except as stated in the following paragraph, Local Transport service is provided in conjunction with Qwest Communcations Company. Charges for Local Transport service are computed in accordance with Section 2.6.5 preceding (Ordering, Rating, and Biling of Access Services Where More Than One Exchange Telephone Company Is Involved). For puroses of determining Local Transport Mileage, distace wil be measured from the wire center that normally serves the Customer's premises to the end office switch(es). Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 77 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.2 Standard Rate Categories (Cont'd.) (B) Local Transport (Cont'd.) The Company wil provide Direct Trued Transport between a Customer's premises and the Company's end office switch( es) upon request. At the Customer's option, Entrance Facility, Direct Trued Transport, and STP Link Transport, may be provided by the Company, by the Customer, or by another carier. If Direct Tru Transport facilities are terminated at a Company end office switch location by a Customer, or by another carer on behalf of a Customer, Entrance Facility Termination charges as described in 3.1.2(B)(1) will apply, but no other Local Transport elements will be charged. Where Common Channel Signaling Access is ordered by a Customer that uses Direct Tru Transport facilties, the STP Port charge as described in 3. 1.2(B)(7) wil also apply. The following paragraphs describe the Local Transport rate elements. Local Transport-Entrance Facility; Common Switched Transport; Transport Multiplexing; Direct Trued Transport; Interconnection Charge; Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 78 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Service (Contd.) 3.1.2 Standard Rate Categories (Contd.) (B) Local Transport (Contd.) (1) Local Transport-Entrance Facilty A Local Transport-Entrance Facilty provides the communcation path between a Customer's premises and the Company serving wire center of that premises for the sole use of the Customer. The Local Transport-Entrance Facility category is comprised of aDS 1 rate. A Local Transport-Entrance Facility is required whether the Customer's premises and the serving wire center are located in the same or different buildings. (2) Local Transport-Common Switched Transport (a) The Local Transport Termination rate provides for that portion of the voice frequency transmission path at the end office and at the Customer's premises. (b) The Local Transport Facility rate provides for that portion of the voice frequency transmission path between the end offce and at the Customer's premises. (3) Transport Multiplexing The Local Transport multiplexing featue allows for a DS3 facilty to be chanelized into 28 DS 1 services or for a DS 1 facility to be channelized into 24 Voice Grade or Voice Grade equivalent services. Multiplexing is available at the serving wire center of the customer premises or a collocation location, or at the company's premises. The multiplexing rates and charges are set forth in Section 5.1.4. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.c. Tariff No. 2 Original Page 79 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.2 Standard Rate Categories (Contd.) (B) Local Transport (Contd.) (4) Local Transport- Direct Trued Transport The Local Transport-Direct Trued Transport provides the transmission path from the serving wire center of the Customer's premises to an end office or as an option from the serving wire center to a tandem. This transmission path is dedicated to the use of a single Customer. The Local Transport-Direct Trunked Transport rate category is comprised of a monthly fixed rate and a monthly per mile rate based on the facility provided. The fixed rate provides the circuit equIpment at the ends of the transmission links. The per mile rate provides the transmission facilties, including intermediate transmission circuit equipment, between the end points of the circuit. The Local Transport- Direct Trued Transport rate is the sum ofthe fixed rate and the per mile rate. For puroses of determining the per mile rate, mileage shall be measured as airline mileage between the serving wire center of the Customer's premises and the end office or directly to the access tadem using the V &H coordinates method. (5) Local Transport-Interconnection Charge The Local Transport-Interconnection Charge provides for interconnection with the Company's Switched Access network. This rate element wil be applied to all Switched Access minutes of use (except Local Exchange Access Service) that originate or terminate at a Company end office. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 80 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.2 Standard Rate Categories (Contd.) (B) Local Transport (Contd.) (6) Local-Transport Facilties DS 1 facilties are available for Local Transport-Entrance Facilties and for Local Transport-Direct Trued Transport facilties. ADS 1 facility is capable of transmitting electrical signals at a nominal 1.544 Mbps, with the capability to chanelize up to 24 voice-frequency transmission paths. (7) Common Chanel Signaling Access Common Chanel Signaling Access (CCSA) is comprised of a STP Port Termination rate and a STP Link Transport rate. The STP Port Termination rate provides for the point oftermination to the signal switching capabilty ofthe STP. The STP Link Transport rate provides for the transmission facilities between the serving wire center of the customer designated premises and the Company STP. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 81 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.2 Standard Rate Categories (Contd.) (B) Local Transport (Contd.) (8) Interface Groups The Interface Group is provided for terminating the Local Transport at the Customer's premises. The Interface Group provides a specified premises Interface. Where transmission facilties permit, the individual transmission path between the Customer's premises and the first point of switching may at the option of the Customer be provided with optional featues. Interface Group 1 provides DS 1 level digital transmission at the point oftermination at the Customer's premises. The interface is capable of transmitting electrical signals at a nominal 1.544 Mbps, with the capability to chanelize up to 24 voice frequency transmission paths. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 82 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.2 Standard Rate Categories (Cont'd.) (C) End Office The End Office rate category provides the local end office switching and end user termination fuctions necessar to complete the transmission of Switched Access communications to and from the end users served by the Company's end office. The End Offce rate category consists of the Local Switching rate element. The Local Switching rate element provides for: a) the use of end office switching equipment; b) the terminations for the end user common lines terminating in the local end offce; and c) the termination of a call at a Company Intercept operator or recording. The operator or recording tells a caller why a call, as dialed, could not be completed, and if possible, provides the correct number. Intercept rates are assessed to a Customer based on the total number of access minutes. Automatic Number Identification (ANI) provides the automatic transmission of a seven or ten digit number and information digits to the Customer's premises for calls originating in the LATA, to identify the callng telephone number. The ANI feature is an end office software fuction which is associated on a call-by-call basis with (1) all individual transmission path in a tru group routed directly between an end office and a Customer's premises or, where technically feasible, with (2) all individual transmission paths in a tr group between an end offce and an access tadem, and a tru group between an access tandem and a Customer's premises. The Shared End Office Tru Port provides for the termination of Tandem Switched Transport to an end offce. Access minutes for all Switched Access Service subject to the Shared End Office Tru Port wil be multiplied by the per minute rate set forth in Section 5.1.4. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 83 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.3 Other Rate Categories (A) Toll Free Data Base Access Service Toll Free Data Base Access Service is a service offering utilzing originating tr side Switched Access Service. The service provides for the forwarding of end user dialed toll free calls to a Company Service Switching Point which will initiate a query to the database to perform the Customer identification and delivery fuction. The call is forwarded to the appropriate Customer based on the dialed toll free number. Any dial around compensation relating to pay telephones wil be biled in accordance to procedures and rates proscribed by the Federal Communications Commission. The Company reserves the right to bil end users of its toll free service for any dial around compensation costs the Company may incur. (l) Customer Identification Charge The Toll Fee Data Base Access Service Customer Identification applies for the identification of the appropriate Customer. The charge is assessed to the Customer on a per query basis and may include an area of service which may range from a single NP A/XX to an area consisting of all LATAs and NP As in the State of Idaho. (2) Toll Free Number Reservation The Toll Free Number Reservation service applies to the request of the Customer to have the Company attempt to reserve a specific toll free number for the Customer. The Company will not guarantee that a specific toll free number in any of the toll free prefixes (800, 877, 888, 866 or future prefixes as designated by NANPA) wil be available at the time a Customer requests the specific number. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 84 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.3 Other Rate Categories (B) Local Exchange Service 1) Definition As used in this section, "local exchange call" means a telephonic communication (a) that is originated by a company that is authorized by the appropriate regulatory agency to provide local exchange telephone service, (b) that originates and terminates within a single "exchange area" or "10cal callng area" as defined in the approved tariffs of the originating company, and (c) that is dialed to an NP A- NX code directly assigned to the Company in the State of Idaho. 2) Description Local Exchange Service is a service offering providing tr side access to the Company's end office switches in the terminating direction only, for use by authorized providers of local exchange telephone service for the completion of local exchange calls that originate in the State of Idaho and terminate to the Company's end users in the State ofIdaho. Local Exchange Service must be provided to a Point ofInterface (POI) which wil be established jointly by the Company and the customer at a location within the State ofIdaho and in the same LATA as the Company end office at which the local exchange call will terminate. Local Exchange Service provides a trans- mission path between the POI and the Company's end user. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 85 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Contd.) 3.1.3 Other Rate Categories (Contd.) (B) Local Exchange Service (Contd.) 3) Obligations of the Local Exchange Provider (a) The Company may request an anual audit of the authorized local exchange provider bilings for Local Exchange Services (calls originating from the Company's end-user to the authorized local exchange provider's end-user). The audit requirement is needed to ensure accurate biling between local exchange calls and non-local exchange calls. (b) The authorized local exchange provider will be requested to provide a forecast of total usage by each tru group or facilty ordered from the Company for each POI used in a Local Exchange Service arangement. 4) Rating of Local Exchange Service F or biling puroses, Local Exchange Service calls originating from an authorized local exchange provider and terminating on the Company's network (for completion to a Company end user) wil be rated at the Company's end office. 5) Rate Regulations Local Exchange Service will consist of the following rate categories. Issued: December~, 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 86 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.1 Access Services (Cont'd.) 3.1.3 Other Rate Categories (Cont'd.) (B) Local Exchange Service (Cont'd.) 5) Rate Regulations (Cont'd.) (a) Terminating Usage The Terminating Usage rate will be applied on a per minute- of-use basis, as set forth in 5.1.3 following, for the completion of calls from a authorized local exchange provider end-user to a Company end-user. (b) Direct Trued Transport Direct Trued Transport provides the communcation path between an authorized local exchange provider's POI and the Company's end offce for the sole use of the authorized local exchange provider. The Direct Trued Transport rates are biled on a monthly recuring and a per mile basis as specified in Section 5 .1.3(B) ofthis taiff. A Customer may use a single Direct Tru in conjunction with Local Exchange Service and other Switched Access Services. The Company shall require the Customer to fie a Percentage of Local Usage (PLU) report which should, upon ordering Direct Trued Transport from the Company, be revised on a quarerly basis. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 87 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Cont'd.) 3.1 Access Services (Contd.) 3.1.3 Other Rate Categories (Contd.) (B) Local Exchange Service (Cont'd.) 5) Rate Regulations (Contd.) ( c) Service Orders The Service Order charges as specified in Section 5.1.1 of ths tariff wil apply on a per order basis. (d) Other Stadard Charges Standard charges set forth in 3.1.2 do not apply to Local Service, except for the specific rate elements identified in (b) and (c) above. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 88 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.2 Miscellaneous Services 3.2.1 Pre subscription (A) Pre subscription is an arangement whereby an end user designate to the Company an interexchange carrier (IC) to access, without an access code, for intrastate interLA T A calls and interstate interLA TA calls subject to the Company's FCC Access Tariff. This IC is referred to as the end user's Primar Interexchange Carier (PIC). The end user may select as its PIC the Company, or any other IC that orders originating Feature Group D Switched Access Service at the end office that serves the end user. After the end user's initial selection of a pre-designated IC, for any additional change in selection, a non-recuring charge, as set forth in Section 5.3.1, applies. (B) At the request of a new or existing end user served by a Featue Group D end office, the Company wil provide a list ofICs the end user may select as its PIC. At no additional charge for the initial selection, the customer may choose either of the following options. Designate an IC as a PIC and dial LOXXX or 10lXX to reach other ICs. Designate that they do not want to be pre subscribed to any IC and choose to diallOXX or 10LXX for all calls to all ICs. New end users subscribing to the Company's Local Exchange Service tht do not specify a PIC will default to the Company as their initial PIC selection. Subsequent to the installation of Local Exchange Service, and after the end user's initial selection of a PIC, for any additional change in selection, a nonrecuring charge as set forth in Section 5.3.1, applies. Ths charge is biled to the end user that is the subscriber to the Local Exchange Service and applies only for selection of an IC which provides only intrastate service. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 89 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.2 Miscellaneous Services (Cont'd.) 3.2.2 Number Portbilty (A) General Number Portabilty is a service arangement provided by to subscribers of the Company's Local Exchange Access Service, as set forth in 3.1.3(B) preceding. Number Portabilty allows an End User who switches from the Company's local exchange service to that of another certified local exchange carier to retain the use of their existing Company assigned telephone number, provided the customer remains at the same location. Number Portbility utilzes a telephone number and electronic switching facilities to automatically forward all incoming calls to the Company assigned telephone number to the terminating telephone number assigned by another certified local exchange carer. Number Portabilty provides a single call path for the forwarding of no more than one simultaneous call to the forwarding call number. Additional call paths for the forwarding of multiple simultaneous calls are available on a per path basis at an additional charge. All other access, local and toll rates and charges for all services ordered by the Customer, as set forth in other sections of this tariff and the Company's local exchange and federal access tariffs, continue to apply. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 90 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.2 Miscellaneous Services (Cont'd.) 3.2.2 Number Portability (Contd.) (B) Regulations 1) Number Portbility is offered where facilities permit. 2) The Customer is solely responsible for obtaining authorization from the end user for the handling of the disconnection of the end user's service with the Company, the provision of service by the Customer, and the provision of Number Portability. The Company, at its discretion, may require the Customer to provide written evidence of its authority to act on behalf ofthe end-user. 3) The Customer is required to provide suffcient terminating facilities and service at the terminating end of a forwarded call to adequately handle all traffc to that location and is solely responsible to ensure that its facilities, equipment and services do not interfere with or impair any facilty, equipment or service of the Company or any of its end users. 4) End to end transmissions characteristics may vary depending on the distance and routing necessar to complete calls over facilties and the fact that another carier is involved in provisioning of service. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 91 SECTION 3. SERVICE AND RATE DESCRIPTIONS (Contd.) 3.2 Miscellaneous Services (Cont'd.) 3.2.2 Number Portabilty (Cont'd.) (C) Rate Regulations Number Portabilty will consist of the following rate categories. 1) Service Orders Service Order charges as specified in Section 5.1.1 of this taiff may apply on a per order basis. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 92 SECTION 4. BILLING AND COLLECTION SERVICES 4.1 General The Company will provide the following services: Recording Service Automatic Number Identification (ANI) Biling Name and Address (BNA) 4.2 Recording Service Recording is the entering on magnetic tape or other acceptable media the details of Customer messages originated through Switched Access Service. Recording is provided 24 hours a day, 7 days a week. The Company wil provide Recording Service in association with the offering of Featue Groups B for 900 Access Service and D Switched Access Service for Customer messages that can be recorded by Company provided automatic message accounting equipment. At the request of the Customer, Recording Service wil be provided for Feature Group D Switched Access Service on an end office and type of call basis. Type of call means message telecommunications service (MTS) including 700 and 900 Service, calls originating and/or terminating over a W ATS access line, and station message detail recording for MTS and calls originating from a W ATS access line. The Company wil provide Recording Service in its operating territory. The minimum territory for which the Company will provide Recording Service is all the appropriately equipped offces in a state operating terrtory for which the Customer has ordered Feature Group B for 900 service or D Switched Access Service. A state operating territory of particular telephone company includes all its LA T As or market areas which are located in the same state including the areas in contiguous states which are àssigned to such LAT As or market areas and served by the same Company. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 93 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Contd.) For Feature Group B for 900 Access Service and FG D Switched Access Service the term "customer message" used herein denotes an intrastate call originated by a Customer's end user. Station message detail recording is an optional feature which provides a record of customer messages originated by MTS and W ATS access lines. Such detail will be provided as par of Feature Group D end office and type of call Recording Service when requested by the Customer. 4.2.1 Undertaking of the Company (A) The Company wil record all customer messages caried over Feature Group B for 900 Access Service and FG D Switched Access Service that are available to Company provided recording equipment of operators. Unavailable customer service messages will not be recorded. The recording equipment wil be provided at locations selected by the Company. (B) A stadard format for the provision of the recorded customer message detail wil be established by the Company and provided to the Customer. If, in the course of Company business, it is necessar to change the format, the Company will notify the involved Customers six months prior to the change. Assembly and Editing, Provision of Customer Detail, Data transmission to a Customer location, special orders for recording and program development wil be provided to the Customer on a contractual basis. (C) Recorded customer message detal which is used at the request of the Customer to provide Message Processing and Message Bil Processing Service is not retained by the Company for longer than forty-five (45) days. The rated but unbiled message detail and the biled message detail will be retained for reference in place of the recorded customer message detail Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 94 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Cont'd.) 4.2.1 Undertaking of the Company (Cont'd.) (C) (Cont'd.) F or recorded customer message detail not used by Message Processing Service at the Customer's request, the Company wil make every reasonable effort to recover recorded Customer message detail previously made available to the Customer and make it available again for the Customer. The charges as set forth in 5.4.1 following wil apply for all such detail provided. Such a request must be made within thirt (30) days from the date the details were initially made available to the Customer. 4.2.2 Liability of the Company Notwithstanding 4.2.1 preceding, the Company liability for Recording Service is as follows: Unless there is an expressed written agreement to the contrar, in the absence of gross negligence or wilful misconduct, no liability for damages to the Customer or other person or entity other than as set for in (A) and (B) preceding shall attch to the Company for its action or the conduct of its employees in providing Recording Service. 4.2.3 Obligations ofthe Customer (A) The Customer shall order Recording Service under a Special Order. The Customer shall order Recording Service at least one month prior to the date then the Customer message detail is to be recorded, unless Customer's request requires that Recording Service be provided by end offce and type of call, then the ordering interval will be determined on an individua case basis. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 95 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Cont'd.) 4.2.4 Payment Arrangements and Audit Provision (A) Notice and Scope The Customer shall order Recording Service for Feature Group D Switched Access by end office and type of call in accordance with the terms and conditions established on an individual case basis Special Order. (1) Upon forty-five (45) days' prior written notice by the Customer to the Company (or such shorter period as the paries may mutually agree upon), the Customer or its authorized representative shall have the right to commence an audit durng normal business hours and at intervals of no more that one audit in any six month period. The audit will be limited to all such records and accounts as may, under recognized accounting practices, contain information bearng upon amounts subject to being biled to the Customer's end users by the Company as par of its provision of Biling and Collection Services and the changes to the Customer for other services provided by the Company pursuant to this taiff. (2) The written notice of audit shall identify the date upon which it is to commence, the location, the Customer's representatives, the subject mater of the audit, and the materials to be reviewed. (3) The wrtten notice of audit shall be directed to the Company's representative at the address stipulated by such representative. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 96 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Cont'd.) 4.2.4 Payment Arrangements and Audit Provision (Cont'd.) (A) Notice and Scope (Cont'd.) (4) The Company may, within thirty (30) days of receipt of the Customer's notice of audit, postpone commencement by written notice for a period not to exceed fifteen (15) days, but only for good cause. The Company shall also indicate the new date for commencement of said audit. (5) Upon completion of the audit, the Customer's auditors are to provide an oral report of their findings to the Company prior to their deparure, followed by a letter within thirty (30) days confirming findings and postponed completion. (B) Payment of Expense Each pary shall bear its own expenses in connection with the conduct of an audit. Special data extractions required by the Customer for its representative to conduct the audit wil be paid for by the Customer. "Special data extraction" for auditing purposes shall mean programming, clerical and computer time required to create an output record (from existing data files) that cannot normally be created from current software programs in the production program library. (C) Requests for Examinations (l) In addition to audits, the Customer, or its representatives, may request, from time to time, the opportunity to conduct an examination, as defined in (2) following. The Company wil make reasonable efforts to accommodate requests for examination and to cooperate in the conduct of an examination. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 97 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Contd.) 4.2.4 Payment Arrangements and Audit Provision (Contd.) (C) Requests for Examinations (Contd.) (2) An "Examination" shall, for puroses of this section, constitute a reasonable inquiry on a single issue or a specific topic related to Biling and Collection Service for a stated reason. Upon concurence by both paries that errors or omissions exist, adjustment shall be made by the proper pary to compensate for any errors or omissions disclosed by such examination or audit. (D) Audit Provision All information received or reviewed by the Customer or its authorized representative is to be considered confidential and is not to be distributed, provided or disclosed in any form to anyone not involved in the audit, nor is such information to be used for any other purposes. (E) Minimum Period and Minimum Monthly Charge The minimum period for which Recording Service without sorting is proved and for which charges apply is one month. (F) Cancellation of a Special Order A Customer may cancel a Special Order for Recording Service on any date prior to the service date. The cancellation date is the date the Company receives written or verbal notice from the Customer that the Special Order is to be canceled. Their verbal notice must be followed by written confrmation within ten (l0) days. The service date for Recording Service is the date the Customer requests the recording to star. When a Customer cancels a Special Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 98 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.2 Recording Service (Cont'd.) 4.2.4 Payment Arrangements and Audit Provision (Cont'd.) (F) (Cont' d.) Order for Recording Service after the order date but prior to the sta of service, a Special Order charge and the minimum monthly charges will apply. (0) Changes to Special Orders When material changes to a pending Special Order for Recording Service are requested by a Customer, the pending Special Order wil be canceled and the requested changes wil be underten if they can be accommodated by the Telephone Company under a new Special Order. All cancellation charges as set forth in (C) preceding wil apply for the canceled Special Order. 4.2.5 Rate Regulations The Special Order charge applies for each Special Order accepted by the Company for Recording Service or for a subsequently requested change. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 99 SECTION 4. BILLING AND COLLECTION SERVICES (Cont'd.) 4.3 Automatic Number Identification 4.3.1 Rate Regulations When Automatic Number Identification (ANI) is delivered (with Feature Group D originating) and the Customer is charged the recording rate as set forth in Section 5.4.1, the ANI rate does not apply. Ifthe Customer is not charged the recording rate, the ANI rate as set forth in Section 5.4.2 wil apply for each ANI record delivered to the Customer. 4.4 Biling Name and Address Service Biling Name and Address (BNA) Service is the provision of the complete biling name, street address, city or town, state and zip code for a telephone number assigned by the Company. BNA Service is provided for the sole purose of permitting the Customer to bil its telephone communications service to its end users and may not be resold or used for any other purose, including marketing activity such as market sureys or direct marketing by mail or by telephone. The Customer may not use BNA information to bil for merchandise, gift certificates, catalogs or other services or products. BNA Service is provided on a manual basis. On a manual basis, the information will be provided by maiL. Information may be provided by either voice telecommunications or through electronic mail if agreed to by both the Company and the requesting customer. BNA information is fuished for sent-paid, collect, bil to third number, 700 and 900 service messages and messages charged to a callng card that is resident in the Company's data base. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 100 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.4 Billng Name and Address Service (Cont'd.) 4.4.1 Undertaking of The Company (A) A request for information on over 100 and up to 500 telephone numbers should be mailed to the Company. The Company wil provide the response by first class U.S. Mail within ten (10) business days. (B) The BNA information wil be provided for the callng number furnished to the extent a billng name and address exists in the Company' records, including non-published and non-listed numbers. If the biling name and address information for a specific calling number is confdential due to legal, national securty, end user or regulatory imposed requirements, the Company wil provide an indicator on the confidential records. (C) The Company wil provide the most curent BNA information resident in its database. Due to normal end user account activity, there may be instances where the BNA information provided is not the BNA that was applicable at the time the message was originated. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 101 SECTION 4. BILLING AND COLLECTION SERVICES (Cont'd.) 4.4 Biling Name and Address Service (Contd.) 4.4.2 Obligations of the Customer (A) With each order for BNA Service, the Customer shall identify the authorized individual and address to receive the BNA information. (B) The Customer shall institute adequate internal procedures to insure that BNA information, including that related to non-published and non-listed telephone numbers, is used only for the purose set forth in this tarff and that BNA information is available only to those Customer personnel or agents with a need to know the information. The Customer must handle all billng name and address information designated as confidential by the Company in accordance with the Company's procedures concerning confidential information. The Company will provide to the Customer a statement of its procedures concerning confdential information. (C) The Customer shall not publicize or represent to others that the Company jointly paricipates with the Customer in the development of the Customer's end user records, accounts, data bases or market date, records, fies and data bases or other systems it assembles through the use of BNA Service. (D) When the Customer orders BNA Service for both interstate and intrastate messages, the projected percentage of interstate use must be provided in a whole number to the Company. The Company wil designate the number obtained by subtracting the projected interstate percentage from 100 (l OO-projected interstate percentage = intrastate percentage) as the projected intrastate percentage. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 102 SECTION 4. BILLING AND COLLECTION SERVICES (Contd.) 4.4 Biling Name and Address Service (Cont'd.) 4.4.2 Obligations of the Customer (Cont'd.) (D) (Cont' d.) This whole number percentage will be used by the Company to apportion the rates and nonrecuring charges between interstate and intrastate in those circumstaces where the recorded message detail is not sufficient to permit the Company to determine the appropriate jurisdiction. Ths percentage wil remain in effect until a revised report is received as set forth following. Effective on the first of Januar, April, July and October of each year the Customer may update the jurisdictional report. The Customer shall forward to the Company, to be received no later than twenty (20) calendar days after the first of each such month, a revised report showing the interstate percentage of use for the past three months ending the last day of December, March, June and September, respectively. Except where jursdiction can be determined from the recorded message detail, the revised report will serve as the basis for the next three months biling and will be effective on the bil date in the following month (e.g., Februar, May, August and November). No prorating or back biling will be done based on the report. If the Customer does not supply the report, the Company wil assume the percentages to be the same as those provided in the last quarerly report. For those cases in which a quarerly report has never been received from the Customer, the Company will assume the percentages to be the same as those provided in the order for service. (E) The Company shall use reasonable efforts to provide accurate and complete lists. The company makes no waranties, expressed or implied, as to the accuracy or completeness of these lists. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 103 SECTION 4. BILLING AND COLLECTION SERVICES (Cont'd.) 4.4 Biling Name and Address Service (Contd.) 4.4.3 Rate Regulations (A) Service Establishment Charges apply for the initial establishment of BNA Service on a manual basis. (B) A charge applies for each request for BNA information for a telephone number provided on a manual basis. The Company wil keep a count of the requests and of the messages processed. The Company will bil the Customer in accordance with these counts whether or not the Company was able to provide BNA information for all requests and messages. (C) Where the recorded message detail is sufficient to determine a message is an intrastate message, the rates set forth in 5.4.3 following apply to each such message. Usage for which the recorded message detail is insufficient to determine jurisdiction will be prorated by the Company between interstate and intrastate. The percentages provided in the reports as set fort in 4.4.2(D) preceding will serve as the basis for prorating the charges. The intrastate charges are determined as follows: For usage sensitive (e.g., requests or messages processed) chargeable rate elements, multiply the intrastate percent times actual use times the stated taiff rate. (D) When a Customer cancels an order for BNA Service after the order date, the Service Establishment Charge applies. Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 104 SECTION 5. RATES 5.1 Access Service 5.1.1 Service Orders (A)Service Implementation (1)Installation Charge - Per tru $ 15.00 (2)Access Order Charge - Per Access Request $125.00 (B)Service Date Change - Per Access Order $ 25.00 (C)Design Change - Per Access Order $ 25.00 (D)DSO Expedite Charge - Per DSO Order $ 25.00 5.1.2 Switched Access Service Per Access Minute Tandem Service $0.003250 End Offce Service $0.020100 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 105 SECTION 5. RATES (Contd.) 5.1 Access Service (Contd.) 5.1.3 Local Transport (A) Entrance Facilty Nonrecurrng Monthly $200.00(1)DSI -Per Point of Termination Installation Charge $500.00 Nonrecurrng MontWy $2,200.00(2)DS3 -Per Point of Termination Installation Charge $700.00 (B) Direct Trued Transport Facility Mileage DSI DS3 Monthly Rate $70.00 $650.00 Per Mile $20.000 $115.00 (C) Network Blocking Charge! $0.01 l Applies to FG D only Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 106 SECTION 5. RATES (Contd.) 5.1 Access Service (Cont'd.) 5.1.3 Local Transport (Cont'd.) (D) Chargeable Optional Featues N onrecUIing (l) SS7 Signaling Option Conversion -Per First Tru Converted $175.00 -Per Additional Tru Converted $40.00 (2)Change In Point -First -Per additional change Code $170.00 $ 34.00 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 107 SECTION 5. RATES (Contd.) 5.1 Access Service (Contd.) 5.1.3 Local Transport (Contd.) (E) Non-chargeable Optional Features (1) Supervisory Signaling DX Supervisory Signaling arangement - Per Transmission Path SF Supervisory Signaling arangement - Per Transmission Path E&M Type I Supervisory Signaling arangement - Per Transmission Path E&M Type II Supervisory Signaling arangement - Per Transmission Path E&M Type III Supervisory Signaling arangement (available with FGD) - Per Transmission Path (2) Customer specification of the receive transmission level at the first point of switching within a range acceptable to the Company (available with FGB) - Per Transmission Path Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 108 SECTION 5. RATES (Contd.) 5.1 Access Service (Cont'd.) 5.1.3 Local Transport (Cont'd.) (E) Non-chargeable Optional Features (Cont'd.) (3) Customer specification of Local Transport Termination Four-wire termination in lieu of two-wire termination (available with FOB) - Per Transmission Path (4) Signaling System 7 - Per signaling connection aranged (5) 64 kbps Clear Chanel Capabilty - Per Transmission Path Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 109 SECTION 5. RATES (Contd.) 5.1 Access Service (Contd.) 5.1.4 End Office Local Switching Per Access Minute Common Switching Chargeable Optional Featues Rate Automatic Number Identification! SS7 Charge Number -Per Attempt $0.00050 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 110 SECTION 5. RATES (Cont'd.) 5.1 Access Service (Contd.) 5.1.4 End Office (Contd.) Local Switching (Contd.) Common Switching Non-Chargeable Optional Features Up to seven Digit Outpulsing of Access Digits to Customer (available with FGB) - Per Transmission Path Group Service Class Routing (available with FGD) - Per Transmission Path Group Alternate Traffic Routing (available with FGD) - Per Transmission Path Group International Carier Option (available with FGD) - Per End Offce and Access Tandem SS7 Signaling Option - Callng Pary Number (available with FGD) - Carier Selection Parameter (available with FGD) Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 111 SECTION 5. RATES (Contd.) 5.1 Access Service (Contd.) 5.1.4 End Offce (Contd.) Local Switching (Contd.) Tru Side Transport Termination Non-Chargeable Options Standard Tru for Originating, Terminating or Two-Way Operation (available with FGB and FGD) Rotary Dial Station Signaling Tru (available with FGB) Operator Tru, Full Featue Arangement (available with FGD) Operator Tru, Assist Featue (available with FGD) Non-Chargeable SS7 Signaling Option Callng Pary Number (available with FGD) Charge Number (available with FGD) Carier Selection Parameter (available with FGD) Access Transport Parameter (available with FGD) Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 112 SECTION 5. RATES (Contd.) 5.1 Access Service (Contd.) 5.1.4 End Offce (Contd.) Local Switching (Contd.) Monthly Recuring Charge Multiplexing DS3 to DS 1 $300.00 Dedicated Switch Port Per DSI Port $ 55.00 Cross Connect Per DS 1 connected $ 25.00 Issued: December~, 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.D.C. Tarff No. 2 Original Page 113 SECTION 5. RATES (Contd.) 5.1 Access Services (Cont'd.) 5.1.5 800 Data Base Access Service Rate (A)Customer Identification - Per Query $0.0050 (B)Toll Free Number Reservation - Per Number Reserved $1.00 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tariff No. 2 Original Page 114 SECTION 5. RATES (Contd.) 5.2 Reserved for Futue Use Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sf. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/73239341.1 IntelePeer, Inc.Idaho P.D.C. Tariff No. 2 Original Page 115 SECTION 5. RATES (Contd.) 5.3 Miscellaneous Services 5.3.1 Presubscription Non-Recurng Charge Presubscription, - Per Telephone Exchange Service Line or Tru, automatic $1.25 Manual $5.00 Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l. IntelePeer, Inc.Idaho P.U.C. Tarff No. 2 Original Page 116 SECTION 5. RATES (Cont'd.) 5.4 Biling and Collection Services Recuring Charge 5.4.i Recording -Per Customer Message $0.010 5.4.2 Automatic Number Identification -Per Attempt $0.0120 5.4.3 Biling Name and Address - Service Establishment Charge $1,600.00* $0.02- Query Charge Per Telephone Number * The service establishment charge applies for each separate mailing address that the information being provided by the Company is being sent to. This charge will also apply for each electronic mailing address. 5.5 Transit Traffc Service PerMOU $0.0065 5.6 LNP Query Service Per Query $0.002 5.7 Pay Phone Dial Around Recovery Per Call $0.65- Issued: December _' 2009 Effective Date:,2009 Julie Barghouthi Sr. Vice President Product Development & Access Management IntelePeer, Inc. 2855 Campus Drive, Suite 200 San Mateo, CA 94403 A/7323934l.