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HomeMy WebLinkAbout20140429Tariff Schedule.pdfAirus, lnc. ldaho 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 Airus, lnc. Between Points Within the State of ldaho This tariff contains the descriptions, regulations, and rates applicable to the furnishing of service for telecommunications services provided by Airus, lnc. with principal offices at 840 South Canal Street, 7th Floor, Chicago, lL 60607. This tariff appiies for services furnished within the State of ldaho. This tariff is on file with the ldaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company's principal place of business. lssued: April 28, 2014 lssued By: Effective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho 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 1 2 3 4 5 6 7 8I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 Paoe 28 29 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 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 lssued: April 28, 2014 lssued By: Effective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 3 CHECK SHEET (Cont'd) Paoe Number of Revision55 Original56 Original57 Original58 Original59 Original lssued: April 28, 2014 lssued By: Etfective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho 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 lnformation.............. ..........8 Section 1. - Technical Terms and Abbreviations .............9 Section 2. - Rules and Regulations .............122.1 Undertaking of the Company ............122.2 Limitations .......132.3 Obligations of the Customer ..................142.4 Liability of the Company ................. 182.5 Application for Service........... ...................242.6 Payment for Service .......262.7 Customer Deposits ..........272.8 Customer Complaints and Billing Disputes .....292.9 Allowances for lnterruptions in Service ...........30 2.10 Taxes and Fees ..............33 2.11 Returned Check Charge ...........33 2.12 Restoration of Service ........ .................33 213 Special Customer Arrangements......... ...........34 2.14 Disconnection and Termination of Service ............. ...............35 2.15 Unlawful Use of Service.... ..............39 2.16 lnterference With or lmpairment of Service .......40 2.18 lncomplete Calls .............41 2.19 Overcharge/Undercharge .... .................41 2.20 Notices ...........42 2.21 Emergency Calling ............43 lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, Inc, ldaho P.U.C. Tariff No. 1 Original Sheet No. 5 Table of Contents (Cont'd) Section 3. - Description of Service ....443.1 Local Exchange Services.. ..............443.2 Long Distance Services............ ......453.3 Directory Assistance............. ..........463.4 Custom Calling Services.. ...............463.5 Promotional Offerin9s.............. .......473.6 lndividual Case Basis ("lCB") Offerings .................47 Section 4. - Rates ................484.1 Calculation of Rates ........484.2 Local Exchange Service .................494.3 Long Distance Service .............. .. ........... 514.4 Directory Assistance Service .................524.5 Custom Calling Services.. ...............52 Section 5. - lntraLATA Toll Presubscription .................535.1 General ...........535.2 Presubscription Charge Application.............. ..................545.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming Measure") ...............565.4 Rates and Char9es............ ............. 58 Section 6. - Miscellaneous Services and Charges 59 lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho 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 o condition (l) - 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 lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, !L 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 7 A. TARIFF FORMAT Page Numbering - Page numbers appear in the upper right corner of thepage. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between Page 14 and 15 would be 14.1 . 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 3'd revised Page 14. 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 Check Sheets - When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tariff, with a cross-reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. An asterisk designates all revisions made in a given filing (.). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. B. C. D. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 8 CONTACT INFORMATION Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Phone: (312) 878-4160 Fax: (312) 7574874 Customer Contacts - For establishment of service, complaints, and inquiries regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 1 -312-878-4162 Commission Contacts - For complaints and customer inquiries: For matters concerning tariffs and regulatory affairs: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Phone: (312) 878-4160 Fax: (312)757-4874 reo u latory@airustel. com lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. I 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 Airus, lnc. "Commission" refers to the ldaho 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 10 Section 1. TECHNICAL TERMS AND ABBREVIATIONS(Cont'd) "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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 11 Section 1. TECHNICAL TERMS AND ABBREVIATIONS(Cont'd) "Telephone Numbers" refer to The North American Numbering Plan [NPA-NXX-XXXXI numbers assigned to customers and used in conjunction with the Services provided pursuant to this tariff. Vice President Regulatory Affairs 840 South Canal Street, 7th Floor Chicago, lL 60607 lssued: April 28, 2014 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 12 SECTION 2. RULES AND REGULATIONS 2.1 Undertaking of the Company 2.1.1 2.1.2 2.1.3 2.1.4 Airus 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 ldaho. This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of services to business customers within the Qwest Corporation service areas. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Commission. The Company installs (or may utilize vendors service to install), operates and maintains the communications services provided herein in accordance with the terms and conditions set forth under this tariff. lt 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. The Company's services are provided on a monthly basis unless ordered on a longer term basis, and are available twenty-four hours per day, seven days per week. The Company's services are available to business/non- residential customers. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 13 SECTION 2. RULES AND REGULATIONS 2.2 Limitations 2.2.1 2.2.2 2.2.3 2.2.4 Service is offered subject to the provisions of this tariff. The Company reserves the right to discontinue furnishing service, or limit the use of service necessitated by conditions beyond its control: or when the customer is using service in violation of the law or the provisions of this tariff. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions for service. THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILIry 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 14 2.3 SECTION 2. RULES AND REGULATIONS (Cont'd) 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 willful 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 15 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.3 Obligations of the Customer (Cont'd) 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 installing or maintaining the Company's equipment. The customer may be required to install and maintain the Company's equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company's employees or property might result from installation or maintenance by the Company. The customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material prior to any installation work. 2.3.1.5 Complying with al! laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of the Company's equipment in any customer premises for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the - equipment of the Company. 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 will be made for the period during which service is interrupted for such purposes. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 16 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.3 Obligations of the Customer (Cont'd) 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 party, or injury to persons, including, but not limited to, employees or invitees of either the Company or the customer, to the extent caused by or resulting from the negligent or intentional act or omission of the customer, its employees, agents, representatives or invitees; or 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 property 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 shal! 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canat Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 17 SECTION 2. RULES AND REGULATIONS (Confd) 2.3 Obligations of the Customer (Cont'd) 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, Inc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 18 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.4 Liability of the Company 2.4.1 Limitations on Liability (A) (B) (c) Except as otherwise stated in this section, the liability of the Company for damages arising out of either: (1) the furnishingof its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services, or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2.9. 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 party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 19 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.4 Liability of the Company (Cont'd) 2.4.1 Limitations on Liability (Cont'd) (D)The Company shall not be liable for any claims for loss or damages involving: Any act or omission of: (a) the Customer, (b) any other entity furnishing seryice, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen; Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; Any unlav#ul or unauthorized use of the Company's facilities and services; Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services; 1. 2. 3. 4. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 20 2.4 SECTION 2. RULES AND REGULATIONS (Cont'd) Liability of the Company (Cont'd) 2.4.1 Limitations on Liability (Cont'd) 5. 6. Breach in the privacy or security of communications transmitted over the Company's facilities; Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liability is limited as set forth in Paragraph A. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; lnjury 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; 7. 8. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 21 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.4 Liability of the Company (Cont'd) 2.4.1 Limitations on Liability (Cont'd) 9. Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilities for the Company and/or is not authorized by the Company; 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, !L 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Taritf No. 1 Original Sheet No. 22 2.4 SECTION 2. RULES AND REGULATIONS (Cont'd) Liability of the Company (Cont'd) 2.4.1 Limitations on Liability (Cont'd) (E)The Company shall be indemnified, defended and held harmless by the Customer or end user from and against any and all claims, loss, demands, suits, expense, or other action or any liability whatsoever, including attorney fees, whether suffered, made, instituted, or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any Company or Customer equipment or facilities or service provided by the Company. 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 al! claims, loss, demands, suits, or other action, or any liability whatsoever, including attorney fees, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination; whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service. (F) lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, ldaho P,U.C. Tariff No. 1 Original Sheet No. 23 2.4 SECTION 2. RULES AND REGULATIONS (Cont'd) Liability of the Company (Cont'd) 2.4.1 Limitations on Liability (Cont'd) (G)The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities. THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILIry 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 RESPONSIBILIry TO DETERMINE THE VALIDIry OF THE EXCULPATORY CLAUSE. (H) lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 24 SECTION 2. RULES AND REGULATIONS (Cont'd) 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 bill that certain services or equipment are not desired, the Company will delete such services or equipment from the customer's account without a record keeping or service ordering charge. The customer nonetheless shall be responsible for all monthly usage and installation charges incurred for the use of such service and equipment. 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 25 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.5 Application for Service (Cont'd) 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 will 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 thirty (30) days prior written notification of the Company's intent. The Customer shall be allowed to immediately terminate services in the affected region without penalty. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, Inc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 26 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.6 Payment for Service 2.6.1 The Company will bill Customer monthly, with recurring charges being billed in advance and any usage charges billed in arrears. Payment is due upon receipt by Customer and payable within thirty (30) days of the Bill Date (the "Due Date"). The customer is responsible for payment of all charges for service furnished to the customer. Charges based on actual usage during a month will be billed monthly in the month following the month in which the service was used. All fixed monthly and nonrecurring charges for services ordered will be billed monthly in advance. 2.6.2 Payments are past due if not received by the Company by the Due Date. A late payment charge of 1.5o/o will be assessed on all unpaid balances more than thirty (30) days old. Bills not paid within thirty (30) days of the Bill Date and which have not been disputed in accordance with the procedures set forth in Section 2.8.1 of this tariff, may result in suspension of service until the overdue payments and any additional charges that may be imposed to restore service have been paid. 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 will not exceed an amount equal to the nonrecurring charge(s) and one month's charges for the service. The advance payment will be applied to any indebtedness for the service for which the advance payment is made on the customer's initial bill. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 27 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.7 Customer Deposits 2.7.1 The Company will not collect deposits or advance payments from its customers. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, !nc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 28 SECTION 2. RULES AND REGULATIONS (Cont'd) IRESERVED FOR FUTURE USEI lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 29 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.8 Customer Complaints and Billing Disputes 2.8.1 ln 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 three (3) years of the Bill Date. lf 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 ful! 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, ldaho Public Utilities Commission, P.O. Box 83720, Boise, ldaho 83720-0074, by phone toll free at 1-800-432-0369, at (208) 334-0369 (within ldaho) or by fax at (208) 3344045. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 30 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.9. Allowances for lnterruptions in Service 2.9.1 General C. A. B. ln compliance with the ldaho Public Utilities Commission's Rules on Quality of Service, 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. 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. lf the Customer reports a service, facility or circuit to be inoperative but declines to release it for testing and repair, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired. The Company will attempt to restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or within twenty-four (24) hours after the report of the outage if no emergency exists. D. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 31 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.9. Allowances for lnterruptions in Service (Cont'd) 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 32 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.9. Allowances for lnterruptions in Service 2.9.3 Application of Credits for Interruptions of Service A. ln 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, Inc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 33 SECTION 2. RULES AND REGULATIONS (Cont'd) 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. lf a municipality, other political subdivision or local agency of government, or the Commission imposes and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, as allowed by law, be billed pro rata to the customer receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. Service shall not be subject to taxes for a given taxing jurisdiction if the customer provides the Company with written verification, acceptable to the Company and to the relevant taxing jurisdiction, that the customer has been granted a tax exemption. 2.11 Returned Check Charge A return check charge of $25.00 will 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 34 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.13 SpecialCustomerArrangements ln cases where a customer requests special or unique arrangements which may include but are not limited to engineering, conditioning, installation, assembly, purchase or other special services not offered under this tariff, the Company, may provide the requested services. Appropriate recurring charges and/or nonrecurring charges and other terms and conditions will be developed for the customer for the provisioning of such arrangements, and filed for Commission approval. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 35 SECTION 2. RULES AND REGULATIONS (Cont'd) 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 lllegally. 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 ldentity. 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 36 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.14 Disconnection and Termination of Service (Cont'd) 2.14.1Disconnection of Service Without Notice (Cont'd) 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 unlaMul purposes, the Company may immediately discontinue or suspend service. lssued: April 28, 2014 lssued By: Vice President Regulatory Atfairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, IL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 37 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.14 Disconnection and Termination of Service (Cont'd) 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. 2.14.2.1.8 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 property. 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 38 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.14 Disconnection and Termination of Service (Cont'd) 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 39 SECTION 2. RULES AND REGULATIONS (Cont'd) 2j5 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 will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of the law. 2.15.2 lf 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 40 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.16 lnterference with or lmpairment 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28,2014 Airus, lnc. !daho P.U.C. Tariff No. 1 Original Sheet No. 41 SECTION 2. RULES AND REGULATIONS (Cont'd) 2.17 lncomplete Calls There shall be no charge for incomplete calls. No charge will be levied for unanswered calls. Customers will receive credit for calls placed to a wrong number if the customer notifies the Company of the error. 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No.42 SECTION 2. RULES AND REGULATIONS (Cont'd) 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 43 SECTION 2. RULES AND REGULATIONS (Gont'd) 2.20 Emergency Calling Access to 911 and E911 service is offered solely as an aid in handling assistance calls in connection with fire, police, medical, and other emergencies. The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls. The company's switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. By dialing 911, the Customer agrees to release, indemnify, defend, and hold harmless the Company from any and all loss or claims, whatsoever, whether suffered, made, instituted, or asserted by the destruction of any property, whether owned by the Customer or others. 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. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, !L 60607 Effective: May 28,2014 Airus, lnc. ldaho 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 Office (CO) of the exchange, or to all exchange access lines served by COs of the extended local service area where comprised of more than one exchange. Service will be provided where facilities are available from the Local Exchange Company (LEC). Service is classified as business service and business rates apply when any of the following conditions exist: When the service is furnished at a location where a business, trade or practice is performed and where the use of the location is not confined primarily to domestic activities. Service for social clubs will be considered business service. When the directory listing is to be a business listing, except when a residence telephone number is advertised as an alternate call number in connection with a business telephone number. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 45 SECTION 3. DESCRIPTION OF SERVICES (Cont'd) 3.2 Long Distance Service Long Distance Service is a voice service offered to business customers. The service permits direct dialed outbound calling at a single per minute rate. Service is provided from presubscribed, dedicated or shared use access lines. No monthly recurring charges or minimum monthly billing requirements apply. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 46 SECTION 3. DESCRTPTION OF SERVICES (Cont'd) 3.3 Directory Assistance Directory Assistance (DA) is defined as furnishing aid in obtaining telephone numbers. The Directory Assistance operator will not transfer, forward or redial a customer's call to any other location for any purpose other than the provision of DA service. The service is furnished subject to the condition that there will be no abuse or fraudulent use of the service. Abuse or fraudulent use of the service includes the obtaining, or attempting to obtain, or assisting another to obtain or to attempt to obtain Directory Assistance seryice, 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. ln addition to any other action authorized by this Tariff, the Company may, in such cases of abuse or fraudulent use, assess appropriate Directory Assistance charges on the Customer's regular telephone account. 3.4 Custom Calling Services Custom Calling Service is an optional service arrangement of central office services furnished to business customers. Custom Calling Features are offered subject to availability and suitably equipped central office facilities. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No.47 SECTION 3. DESCRIPTION OF SERVTCES (Cont'd) 3.5 PromotionalOfferings 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 lndividual Case Basis ('lCB") 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 may or may not have an equivalent service in its the tariff on file with the Commission, and the quoted ICB rates may be different than the tariffed rates. The Company will maintain records of its ICB contracts for Commission review as conditions or circumstances may require. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No, 1 Original Sheet No. 48 SECTION 4. RATES AND CHARGES 4.1 Calculation of Rates 4.1.1 4.1.2 4.1.3 The Company charges weekend rates New Year's Day, President's Day, Thanksgiving Day, and Christmas Day. The customers long distance usage charge is based on the actual usage of the Company's network. The chargeable time for a long distance call is determined by the duration of the call. Chargeable time begins when connection is established between the calling station and the called station. Chargeable time ends when the calling station hangs up. lf the called station hangs up, but the calling station does not, chargeable time ends when the connection is released by either automatic timing equipment in the telecommunications network or by an operator. Calls are billed in (six) 6 second increments with an eighteen (18) second minimum for interLATA calls and a twenty-four (24) second minimum on intraLATA calls. Billing will be rounded up to the nearest penny for each call. Different rates based on the time of day or day of week are described in the following rate table. Frorr,',' To, butnot lncludino,, Days, Weekdays 8:00 a.m.5:00 p.m.Mondav-Fridav Eveninqs 5:00 p.m.11:00 p.m.Mondav-Fridav 5:00 o.m.11:00 o.m.Sundav NiqhtA/Veekends 11:00 p.m.8:00 a.m.Mondav-Sundav 8:00 a.m.5:00 p.m.Saturdav-Sunday 5:00 o.m.11:00 o.m.Saturdav on the following Federal holidays: lndependence Day, Labor Day, lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Effective: May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 49 SECTION 4. RATES AND CHARGES (Cont'd) 4.2 Local Exchange Service 4.2.1 Business Service (A) Service Charges Service Order Charge First Measured Business Line or Trunk Changes, Service Restoration To change class, type or grade of service(per line or trunk) To restore service that has been temporarily disconnected by the Non-Recurring Charge $5.00 $25.00 Company(per line or trunk, per order) $25.00 lssued: April 28, 2014 Effective: May 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, !nc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 50 SECTION 4. RATES AND CHARGES (Cont'd) 4.2 Local Exchange Service (Cont'd) 4.2.1 Business Service (Cont'd) (B) Monthly Recurring Charges Monthlv Rate Non-Recurrinq Per Main and Each Additional Line $26.60 $25.00 lssued: April 28, 2014 Effective: May 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Taritf No. 1 Original Sheet No. 5'l SECTION 4. RATES AND CHARGES (Cont'd) 4.3 Long Distance Service Day. Evenino and Nioht lnitial Minute Each Add'l Minute $0 .15 $0.1 5 lssued: April 28, 2014 lssued By: Effective: May 28, 2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, !nc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 52 SECTION 4. RATES AND CHARGES (Cont'd) 4.4 Directory Assistance Service Customer Dialed - Local DA $0.35 Per Call National DA $0.85 Per Call 4.5 Custom Calling Services Call Waiting Call Forwarding Three Way Calling Per Line Monthly Recurring $3.50 $1.25 $3.50 Non- Recurring $3.25 $3.25 $3.25 lssued: Apri! 28, 2014 lssued By: Effective: May 28, 2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, IL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 53 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION 5.1 General lntraLATA toll presubscription is a procedure whereby an end user may select and designate an lntraLATA Toll Provider ("lTP") to access lntraLATA toll calls without dialing an access code. The end user may designate an ITP for lntraLATA toll, a different carrier for lnterLATA toll, or the same carrier for both. This ITP is referred to as the end user preferred lntraLATA toll provider. Each carrier will have one or more access codes assigned to it for various types of service. When an end user selects a carrier as its preferred lntraLATA toll provider, only one access code of that carrier may be incorporated into the switching system of the Company permitting access to that carrier by the end user without dialing an access code. Should the same end user wish to use other services of the same carrier, it will be necessary for the end user to dial the necessary access code(s) to reach that carrier's other service(s). An ITP must use Feature Group D ("FGD') Switched Access Service to qualify as an lntraLATA toll provider. All lTPs must submit a Letter of lntent ("LOl") to the Company at least twenty days prior to the lntratATA toll-presubscription- conversion date or, if later, forty-five days prior to the date on which the carrier proposed to begin participating in lntraLATA toll presubscription. Selection of an lTP by an end user is subject to the terms and conditions in Section 5.2. lssued: April 28, 2014 lssued By: Effective: May 28, 2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 54 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont'd) 5.2 Presubscription ChargeApplication 5.2.1 lnitial 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. lf a customer cannot decide upon an lntraLATA toll carrier at the time, the customer will have thirty days following completion of the service request to make an lntraLATA PIC choice without charge. ln the interim, the customer will be assigned a "No-PlC" and will have to dial an access code to make lntraLATA toll calls. The free selection period available to new end users is the period within thirty days of installation of the new service. lnitial 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 all lTPs. This choice can be made by directly contacting the Company. lssued: April 28, 2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 May 28, 2014 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 55 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont'd) 5.2 Presubscription ChargeApplication (Cont'd) 5.2.2 Cancellation of IntraLATA Toll Presubscription by an ITP lf an ITP elects to discontinue Feature Group D service after implementation of the lntraLATA toll presubscription option, the ITP is obligated to contact, in writing, all end users who have selected the canceling ITP as their preferred lntraLATA toll provider. The ITP must inform the end users that it is canceling its Feature Group D service, request that the end user select a new ITP and state that the canceling ITP will pay the PIC change charge. The ITP must provide written notification to the Company that this activity has taken place. lssued: April 28, 2014 lssued By: Effective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 56 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont'd) 5.3 End User/Pay Telephone Service ("Anti-Slamming Measure") Provider Charge Discrepancy 5.3.1 When a discrepancy is determined regarding an end user's designation of a preferred lntraLATA 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: 5.3.2.1.4 The customer's billing name and address and each telephone number to be covered by the PIC change order; 5.3.2.1.8 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 lssued: April 28, 2014 lssued By: Effective: May 28, 2014 Vice President Regulatory Affairs Airus, Inc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 57 5.3 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont'd) End User/Pay Telephone Service ("Anti-Slamming Measure") (Cont'd) Provider Charge Discrepancy 5.3.2 Verification of Orders for Telemarketing (Cont'd) 5.3.3 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 party operating in a location physically separate from the outbound telemarketing representative has obtained the customer's oral authorization to submit the PIC change order that confirms and includes appropriate verification date (e.9., the customer's date of birth or social security number). The Company will follow the Federal Communications Commission's and the Commission's regulations regarding slamming. The Company will not impose a penalty or charge for unauthorized lntraLATA toll provider changes. 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. 5.3.4 lssued: April 28, 2014 lssued By: Effective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 58 SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Cont'd) 5.4 Rates and Charges Authorized PIC/!PlC Change Charge Electronic Manual PIC/IPlC Change (Change made at the Same time to the same lC, CLC or LEC for both lnterLATA and lntraLATA Non-recurring Charge $1.25 $5.50 $0.63 (Electronic) $2.75 (Manual) lssued: April 28, 2014 Effective: May 28,2014 lssued By: Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607 Airus, lnc. ldaho P.U.C. Tariff No. 1 Original Sheet No. 59 SECTION 6. - MISCELLANEOUS SERVICES AND CHARGES 6.1 ldaho USF Surcharge A surcharge is assessed on all access lines to contribute towards funding for an ldaho Universal Service Fund ("lDUSF'). The surcharge rate is established by the Commission and will be assessed in accordance with the IDUSF guidelines. lssued: April 28, 2014 lssued By: Effective: May 28,2014 Vice President Regulatory Affairs Airus, lnc. 840 South Canal Street, 7th Floor Chicago, lL 60607