20031028Application.pdf

KELLEY DRYE OJ WARREN LLP
A LIMITED LIABILITY PARTNERSHIP
NEW YORK , NY
1200 19TH STREET, N.
SU ITE 500 FACSIMILE
TYSONS CORNER , VA WASHINGTON , D.C. 20036 (202) 9SS-9792
CHICAGO, IL www.kelleydrye.com
STAMFORD , CT [phone]
PARSIPPANY, N.J
DIRECT LINE [phone]
BRUSSELS, BELGI U M MAil: ejenkinsi!j)kelleydrye.com
HONG KONG
AFFILIATE OFFICES
BANGKOK , THAILAND
.JAKARTA, INDONESIA
MUMBAI, INDIA
TOKYO, .JAPAN
October 27, 2003
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, Idaho 83720-0074
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Re:Application ofKMC Telecom V, Inc., for a Certificate of Public Convenience to
Provide Facilities-Based and Resold Local Exchange and Resold Interexchange
Telecommunications Services in the State ofIdaho
Dear Ms. Jewell:
On behalf of KMC Telecom V, Inc.
, ("
KMC V"), I have enclosed an original and three
(3) copies of its Application for a Certificate of Public Convenience and Necessity to provide
facilities-based and resold local exchange services, and resold interexchange telecommunications
services in the State ofIdaho.
Please note that one (1) of the Exhibits appended to the Application Exhibit , contains
confidential and proprietary financial information. For this reason Exhibit 8 has been submitted
to the Commission under seal in a confidential envelope.
Also enclosed is a duplicate copy of this filing. Please date-stamp the duplicate upon
receipt and return it in the self-addressed, stamped envelope provided for your convenience. If a
docket number is available immediately, I would greatly appreciate it if that number could be
included on the copy being returned to me.
DCOI/JENKE/212211.
KELLEY DRYE OJ WARREN LLP
Ms. Jean Jewell
October 27, 2003
Page Two
If you have any questions regarding this filing or need further information about KMC V
or its application, please do not hesitate to contact me at 202-887-1254.
Sincerely,
Enclosures
DCOI/JENKE/212211.1
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
In the Matter of the Application of
Application No. if /VI
" (- ()
1.;0 I
KMC TELECOM V, INC
for a Certificate of Public Convenience
and Necessity to Provide Competitive
Local Exchange Services on a
Combined Resale and Facilities Basis and
Provide Resold Interexchange Service
in the State of Idaho
APPLICATION AND REQUEST FOR AUTHORITY
Application is hereby made to the Idaho Public Utilities Commission ("Commission ) for a
certificate authorizing KMC TELECOM V, INC. ("KMC V" or the "Applicant"), to operate as a
competitive local exchange service provider on a facilities-based and resale basis, and as an
interexchange service provider on a resale basis, within the State ofIdaho, pursuant to Idaho Code
~ 61-526 et seq. and. For the reasons discussed below, grant ofthis Application by the
Commission is in the public interest in that KMC V's entry into the local telecommunications
services market will enhance competition for such services in Idaho and is consistent with the
requirements of the Commission s rules. The following general information and exhibits are
furnished in support thereof:
IDENTIFICATION OF THE ApPLICANT
KMC V is a corporation incorporated under the laws of Delaware. KMC V's principal
addresses and telephone numbers are:
DCOI/JENKE/211309,
Corporate HeadQuarters
KMC Telecom V, Inc.
1545 Route 206, Suite 300
Bedminster, New Jersey 07921
Telephone [phone]
Facsimile [phone]
Operational HeadQuarters
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, Georgia 30043
Telephone [phone]
Facsimile [phone]
(IDAP A 31.01.01 , Rule 111 :01)
A certified copy ofKMC V's Articles of Incorporation and Certificate of Good Standing
from the Delaware Secretary of State is attached hereto as Exhibit 1. KMC V also has obtained
Certificate of Good Standing from the Secretary of State of Idaho. See Exhibit 2. The name and
address ofKMC V's registered agent in Idaho for service of process is:
C T Corporation System
c/o C T Corporation System
300 North 6th Street
Boise, Idaho 83702
KMC V's ultimate parent company is KMC Telecom Holdings, Inc. ("KMC Holdings ), a
Delaware corporation with its principal office and place of business located at:
KMC Telecom Holdings, Inc.
1545 Route 206
Suite 300
Bedminster, New Jersey 07921
An exhibit showing KMC V's ownership of common stock is appended hereto as Exhibit
KMC V has been granted authority to operate throughout the United States and has begun
transacting business to provide local exchange and interexchange services. Exhibit 4 includes a list of
states where KMC V has authority to operate.
DCOI/JENKE/211309.
II.OFFICERS AND OWNERSIDP INFORMATION
5. The following is a list ofKMC V's officers:
William F. Lenahan Chief Executive Officer
Roscoe C. Young II Chief Executive Officer and Chief Operating Officer
William H. Stewart Chief Financial Officer and Executive Vice President
Alan M. Epstein General Counsel, Executive Vice President and
Secretary
Robert Hagan Senior Vice President/Finance and Assistant
Secretary
Riley M. Murphy Senior Vice President/Legal and Assistant Secretary
Constance Loosemore Vice President, Treasurer and Assistant Secretary
Joseph P. Sheehan III Vice President and Controller
Jessica Herr Vice President/Finance and Assistant Secretary
Gary Wagner Vice President and Regulatory Compliance
Julie L. DeSantis Assistant Secretary
The full business experience of these officers is set forth in detail in Exhibit
KMC V's directors are:
Harold N. Kamine, Chairman
William F. Lenahan
William H. Stewart
All of the above-referenced officers and directors may be reached at the following address
and telephone number:
1545 Route 206
Suite 300
Bedminster, New Jersey 07921
Telephone [phone]
DCOIlJENKE/211309.
III.REGULATORY CONTACT INFORMATION
10.All correspondence, notices, orders and inquiries regarding the processing of this
Application should be addressed to:
Brad Mutschelknaus
Eric Jenkins
KELLEY DRYE & WARREN LLP
1200 19th Street, N., Suite 500
Washington, D.c. 20036
Telephone: [phone]
Facsimile: [phone]
Copies of all correspondence, notices, orders and inquiries also should be sent to:
Riley M. Murphy
Senior Vice President/Legal Affairs
KMC TELECOM V, INC.
1545 Route 206, Suite 300
Bedminster, New Jersey 07921
Telephone [phone]
Facsimile [phone]
11.All correspondence, notices and inquiries regarding all (1) consumer, (2) technical and
service quality, and (3) tariff and pricing issues should be sent to:
Michael Duke
Director - Governmental Affairs
KMC TELECOM V, INC.
1755 North Brown Road
Lawrenceville, Georgia 30043
Telephone [phone]
Facsimile [phone]
Doug Nelson
Regulatory Counsel
KMC TELECOM V, INC.
1755 North Brown Road
Lawrenceville, Georgia 30043
Telephone [phone]
Facsimile [phone]
12.In addition, customer complaints and inquiries can be directed to KMC V through its toll-
free number: 1-888-KMC-THE1.
IV.DESCRIPTION OF AUTHORITY REQUESTED/PROPOSED SERVICES
13.By this Application, KMC V seeks the authority from the Commission to provide full scale
telecommunications services. Pending Commission approval, KMC V intends to begin providing
DCOIIJENKE/211309.
service in Idaho in the fourth quarter of2003. KMC V intends to operate as competitive local
exchange service provider on a facilities-based and resale basis, as well as an interexchange
service provider on a resale basis within the State ofIdaho. Specifically, KMC V seeks authority
to provide all forms of switched and dedicated telecommunications services. KMC V further seeks
authority to provide Interexchange telecommunications services.
14.KMC V does not propose to require end user deposits and/or advanced payments. In the
event KMC V decides, in the future, to require deposits and/or advance payments, it will comply
with all applicable federal and state laws, rules, and regulations, including modifying its existing
tariffs.
15.KMC V will provide its Idaho customers with access to directory assistance, operator
services, emergency 911 services, and Telephone Relay Service independently or through
arrangements with other carriers.
14.KMC V's toll free number for customer service inquiries is: (888) KMC-THEI.
DESCRIPTION OF KMC TELECOM V, INC.s NETWORK
17.A diagram of the technology deployed in KMC V's network can be found attached hereto
as Exhibit 6. KMC V notes, however, that its network configuration may changes as it continues
to install and maintain a technically advanced network, which will allow it to provide the highest
levels of reliability, security and capacity that its target customers typically demand.
18.KMC V is planning on providing interexchange services by reselling another carrier
interexchange service. At present however, KMC V has not entered a resale agreement with any
providers of interexchange service.
DCOI/JENKE/211309.
VI.PROPOSED SERVICE AREA
19.With respect to the geographic coverage area for its intended services, KMC V requests
authority to operate as a competitive local exchange carrier and an interexchange carrier for the
entire State of Idaho. Applicant intends to provide telecommunications services to subscribers to
and from all points in Idaho. As such, KMC V intends to compete with all of the incumbent local
exchange corporations in Idaho, including, but not limited to Qwest Communications
International, Inc., as well as other competitive local exchange carriers and MTS/W A TS long
distance service providers. (IDAPA 31.01.01, Rule 101:03)
VII. DESCRIPTION AND FITNESS OF THE COMPANY
21.As demonstrated below, KMC V is well-qualified managerially, technically and financially
to provide the competitive local exchange and interexchange telecommunications services for
which authority is requested in Application.
MANAGERIAL
22.In support of this Application, KMC V submits the following information to demonstrate
that it has sufficient managerial experience and expertise to ensure the provision of quality local
exchange and interexchange telecommunications services within Idaho.
23.KMC V is well-qualified managerially to provide the facilities-based and resold
competitive local exchange and resold interexchange telecommunications services for which
authority is requested in this Application. The Company s management team includes individuals
with substantive experience in successfully developing and operating telecommunications
businesses.
24.KMC V has the adequate internal managerial resources to support its Idaho operations.
This expertise in the telecommunications industry makes KMC V's management team well-
DCOIlJENKEI2l1309.
qualified to construct, operate and manage KMC V's local exchange and interexchange networks
in Idaho. Specific details of the business and technical experience ofKMC V's officers and
management personnel are appended hereto as Exhibit
TECHNICAL
25.KMC V is technically qualified to provide its proposed services in Idaho. As is evident
from the information contained in Exhibit , KMC V is managed by persons with substantial
technical expertise in designing, constructing and operating telecommunications networks. This
wealth of experience will enable KMC V to provide its local exchange customers with advanced
state-of-the-art technology.
26.KMC V is a wholly-owned subsidiary of KMC Telecom Holdings, Inc. ("KMC
Holdings ), a Delaware corporation. KMC V will rely upon the expertise ofKMC Holdings
management team who oversees the operations ofKMC V and its affiliates: KMC Telecom, LLC
KMC I"), KMC Telecom II, LLC ("KMC II"), KMC Telecom III, LLC ("KMC III"), KMC
Data LLC ("KMC Data ), KMC Telecom of Virginia, Inc. ("KMC V A") and KMC Telecom V of
Virginia, Inc. ("KMC V of V A") (the "Affiliates
27.As of the date of this filing, KMC V and its Affiliates are authorized by virtue of
certification, registration, or (where appropriate) on an unregulated basis to provide local exchange
and/or interexchange telecommunications services in such jurisdictions as reflected in the chart
appended hereto as Exhibit 4. Exhibit 7 shows KMC V's relationship to these Affiliates by
providing a corporate structure organizational chart.
FINANCIAL
28.KMC V also possesses the necessary financial resources to provide the local exchange
telecommunications services and information service provider services identified in this
DCOIlJENKE/ZI1309.
Application. As is evident from KMC V's most recent financial statements (see KMC V'
Balance Sheet, Profit and Loss Statement, and Cash Flow Statement, which are being filed with
this Application under seal as Exhibit 8), KMC V has the necessary financial resources to provide
the telecommunications services described in this Application, and to finance its operations in
order to ensure the continued provision of these services in Idaho. (IDAP A 31.01., Rule 111 :07)
29.Specifically, as demonstrated in the Balance Sheet ofKMC V, the Applicant possesses a
minimum of$100 000 to fund the construction and operation ofKMC V's telecommunications
network in Idaho, and to meet any lease and ownership obligations associated with its provision of
local exchange and interexchange telecommunications services in Idaho.
30.Because the Applicant is a privately-owned company, Applicant requests that its financial
information be treated as confidential. Accordingly, copies of its financial statements (Exhibit
is marked "PROPRIETARY AND CONFIDENTIAL - FILED UNDER PROTECTIVE
SEAL " and is not to be made part of the public record.
31.As a privately held company, Applicant does not issue annual reports or submit any
financial filings with the Securities and Exchange Commission and is not under any obligation to
prepare or release public financial statements, ownership information, or specific information
about the projected customers in any state. The disclosure of such information could provide
competitors with valuable insight into the financial structure of Applicant and its financing
activities to date. Because this represents highly confidential and strictly proprietary information
the disclosure of which to the public, including competitors, could result in direct and immediate
harm to the competitive position of Applicant, there is a genuine need for the Company to seek
non-disclosure of this information. Thus, Applicant respectfully requests that its financial
statements for its Idaho operations be kept confidential and under seal by the Commission.
(IDAPA 31.01.01 , Rule 111:05).
DCO IIJENKE/Z 1 1309.2
Petition would enhance this development of competition in the local exchange market and provide
the consumers ofIdaho with all ofthe benefits described above. (IDAP A 31.01.01 , Rule 111:02)
WHEREFORE, KMC Telecom V, Inc., respectfully requests that the Commission grant it a
Certificate of Public Convenience and Necessity to operate as a Competitive Local Exchange
Carrier and Interexchange Carrier within the State of Idaho.
Respectfully submitted
Brad Mu chelknaus
E '
KELLEY DRYE & WARREN LLP
1200 19th Street, N., Suite 500
Washington, D.c. 20036
Telephone: [phone]
Facsimile: [phone]
Its Attorneys
Dated: October 27 , 2003
DCO I/JENKE/211309.2
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
. .
DCOIlJENKE/211309.
LIST OF EXHIBITS
VERIFICATION
CERTIFICATE OF FORMATION AND CERTIFICATE OF GOOD STANDING
FROM THE DELAWARE SECRETARY OF STATE
CERTIFICATE OF GOOD STANDING FROM THE IDAHO SECRETARY OF
STATE
PERCENTAGE OWNERSHIP OF COMMON STOCK IN KMC TELECOM
INc.
INFORMATION REGARDING KMC V AND KMC V'S AFFILIATES' CLEC
OPERATIONS IN OTHER STATES
LIST OF OFFICERS & STATEMENT OF MANAGERIAL AND TECHNICAL
QUALIFICATIONS
NETWORK DIAGRAM OF KMC TELECOM V, INc.
CORPORATE STRUCTURE/ORGANIZATIONAL CHART
FINANCIAL QUALIFICATIONS OF KMC TELECOM V, INc.
PROPOSED LOCAL EXCHANGE SERVICES TARIFF
VERIFICATION
DCOIlJENKE/ZI1309.
Idaho Public Utilities Commission
AFFIDA VIT
Washington, DC ss.
Riley M. Murphy Affiant, being duly sworn according to law, deposes and says that:
She is Senior Vice President of Le!!al Affairs of KMC Telecom V, Inc.
That she is authorized to and does make this affidavit for said corporation;
That the facts set forth in this Application are true, accurate and correct to the best of her knowledge
infonnation, and belief and that she expects said c the same at any hearing hereof
Riley MM
~ -
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
Sworn and subscribed before me this day of October, 2003.
My commission expires
Mv Co~ Emmes St. aooa
DCOIlLEVEN/211060.
EXHIBIT
ARTICLES OF INCORPORATION AND CERTIFICATE OF GOOD STANDING FROM THE
DELA W ARE SECRETARY OF STATE
DCOIlJENKE/211309.
MRR-29-2000 16:47
...... . - ---- . - .
KMC TELECOM 19087198775 P. 03/04
. CER'ID1CA.TE OF JNCO1U'OBADON
XMC Telecom V, 1Dt..
: The name of the COJpOmKm is KMC Telecom VJ me.. (the
Corporation'.
SECOND~1be 8ddress oiits registered o8ke in the S1at.e otDelaware is
CorpozaUon Trust Center) 1209 Oxqe Str~ in the City ofW"JbraingroD, CoUJdY of New Castle..
The JWD~ of its registered agent at Sdeb address is The CotpOnmon Trust Company.
'J'HIR.n : The puzpose for which the COJpOratiOl1 is formed is 10 engage in any
la\\lD1l act or activity for whiGh cozporalioDS may be organized UDder tha De1a.warc GcDml
CoIporation Law:
FOtJRni:The tot3llPmJMr of ahates of stock which the CoIporatioQ sba1I have
authoriw to issue is ODe HUD.dred (100) shmes of Common Stock, par vahle $.01 per.sbar~
FIFTH:!be name and mailing adches.s o!the SGJe mcoIJ'Orator afthc
CO1pOration arc as follows:
Tae Hcc Kim
Kelley DIye " W men LLP
101 P8I'kAvenue
New Yorlc. New Y mk 10178
!mH:. The followmg provisions are UJsQtcd for pwposes of the management of
1he business md c:cmduct of the affms of the CGlparation and for creatiug, defiDiD& limiting and
regulating the powers of the Ccupo~on and ilS directors &ad stockholders:
(a) The number of diJeatOIS otthe CoIpO1'l1ion sba11 be fixed and may be
aJtered from time to time in the maimer provided in 1he By~ and vacaDCics in the
Board ofDirectoxs and newly creced directorships resulting from lilY increase in 1he
authOJized number of medalS may 'be mlcd, and directors may be mno~ as provided
in the By1aW$.
(b) The electiO1l of airectors may be (-('"duc led in au1 maDDer approved by the
stocJcholdm at the lime when the eJection is beld and need not be by ba11ot.
(c) An ~te powers and authority of the Corporation (except as at
time otherwise provided by Jaw, by 11ns Certificate ofIacorporatioD or by the ByJ8W$)
shall be vested.in and exercised by the Board ofDircctolS.
MI=IR 29 20130 16: 33 19138?19877S PAGE. 03
MAR-29-2~0~ 16:47 KMC TELECOM
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191387198775 04/04
(d) The Board of Directors sbail have the power without 1he asseat Dr 'Vote of'
1M stockholders to .dap~ ammd. alter or repeal the Bylaws of the COtporauon. except to
the exteDt tbat the Bylaws or 1his Catificate of IncorpozaDOD olherwise provide.
~:
The Corporation re5UVe5 the right to ameud or repeal any provision
, contained in this eenmcate of1ncoJPOration in 1hc JDaDner now or he1'~ prescribed by the
laws of the Stare of Dela~. and an ripts h=in coDfctted upon stockholders or cm=ors are
grmted subject 10 this reservation.
EIGHtH: No director sha1l be pc:ISODA11y liable to IDe CO11'oraticm or its
stockholders for mDnelary damaies for breach of Muciay d1ny as a direc1'or, provided, however,
tbat the foRgoing shall not c1izzUa1B or limit the liability of a director (i) for my bteaoh of the
din:dor's duty of loyalty to the CoIpOIltion or its stockholders. (h) for IdS' or omissions not in
good t4th 01 which involve intentional misconduct ~r bawing \'ioJauoD of l..w. (Ui) =der
Section 174 of the Del8:war~ G=e:ra1 CozporCcm L8.Yiw or (Iv) for 81\)' uansaCUOJ1 from which
the directOr derived aD Unpropcr persoDal benefit.
NINTH: Meetings of sto~dm may be held w;thin or without the State of
Dela~. as the ByJaws may provide. 'Ih. hooks of the COJpOraUOD mAY be kept (subject to
any provision concdned in 1hc statutes afme Stare ofDelawaTe) outside the State ofDeJavme at
~ch p1acc or places 8& may be designata! from 1ime 10 time by Board of Directors of the
CozporlUon in accorciance with the By1aws of tbt Caxporation.
IN wrrNESS WHEREOF,l do execute th!s Certific:&1e and affinn and
zc1a1owledge, under pmaltie.s of pcjwy, that this Certificate is my act and deed and that the facts
stated herein are true. this IS. day of March, 2000.
Tae Bee Sole 1:Dco%porator
MAR 29 2a~0 16:33 19087198775
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MAR 29 2000 16:33 19087198775 PAGE. 02
EXHIBIT 2
CERTIFICATE OF GOOD STANDING FROM THE IDAHO SECRETARY OF STATE
DCOI/JENKE/ZI1309.2
State of Idaho
Office of the Secretary of State
CERTIFICATE OF AUTHORITY
KMCTELECOMV,INC.
FHeNuriiberG 136571 '
I PETE T. CENARRUS~~~ecret~1)' of State of the State of Idaho, hereby certify
that an Application for Certific~tefof Auth~ritYj dulyex~~uted pursuant to the provisions
of the Idaho Business C'pr orati9r Act, has'beenreceivedin this office and is found to
conform to law. .
" ,
ACCORDINGLyand byvirtue;oftheauthorityvestedin me by law, I issue this
Certificate of Authority totransaCtbusinessinthisState and attach hereto a duplicate of
the application for such,certificate:
Dated: December 6, 2000
17'
~~~-
SECRETARY OF STATE
EXHIBIT 3
PERCENTAGE OWNERSHIP OF COMMON STOCK IN!(MC TELECOM V. INC.
Common Stock:
DCO l/JENKE/Z 1 1309.
KMC Data Sub Holdings I LLC
1545 Route 206
Suite 300
Bedminster, New Jersey 07921
Number of shares in KMC V:
Percentage of shares in KMC V:
100
100%
EXHIBIT 4
INFORMATION REGARDING KMC V AND KMC V'S AFFILIATES' CLEC
OPERATIONS IN OTHER STATES
DCO lIJENKE/2 1 1309.2
Alabama KMC Telecom V, Inc.Docket No. 27664
Alaska KMC Telecom V, Inc.Docket No. U-01-
Arizona KMC Telecom V, Inc.Docket No. T-038772A-00-0285
Arkansas KMC Telecom V, Inc.Docket No. 00-164-
California KMC Telecom V, Inc.Docket No. A.00-04-049
Decision No. D.00-08-015
Colorado KMC Telecom V, Inc.The Colorado Public Utilities Commission s found
that the services that KMC V sought to offer were
umegulated and that no Certificate of Service was
required for the provision of those services. In
making this finding the Colorado Public Utilities
Commission denied KMC V's application as moot.
Connecticut KMC Telecom V, Inc.Docket No. 00-05-
Delaware KMC Telecom V, Inc.Docket No. 00-270
Florida KMC Telecom V, Inc.Docket Nos. 00641-TX; 00642-
Georgia KMC Telecom V, Inc.Docket Nos. 12391-U; 12400-
Idaho KMC Telecom V, Inc.
Illinois KMC Telecom V, Inc.Docket No. 00-0384
Indiana KMC Telecom V, Inc.Cause No. 41759
DCOIlJENKEI211309.
Iowa KMC Telecom V, Inc.In conjunction with informal staff discussions and a
formal proceeding to investigate the use of
numbering resources by carriers that only provide
umegulated data services in Iowa, the Iowa Utilities
Board ("IUB") ordered all carriers in Iowa that seek
to provide only unregulated data services to negotiate
with incumbent local exchange carriers ("ILECs ) to
resolve disputes over numbering practices before
applying for numbering resources. KMC had
originally intended to provide, and currently
provides, only umegulated data services, and thus
began participating in the joint industry negotiatIons.
Prior to the negotiations, KMC decided to provide
regulated voice servIces, in addition to its
unregulated data services, and filed a local services
tariff to obtain a certificate from the IUB. The IUB
approved KMC's tariff , and issued a certificate to
KMC in December, 2002. Using the certificate
KMC applied for numbering resources from the
North American Numbenng Plan Administration
NANP A") to initially provide unregulated data
services. In KMC's application for numbering
resources from NANPA, KMC, due to a clerical
error, inadvertently submitted a service description
intended for use in another state, that listed only
umegulated data services. The ruB subsequently
suspended KMC's certification when it received a
copy of the NANPA numbering application with the
incorrect service description. KMC's certificate in
Iowa is still suspended; however, KMC provided the
correct Iowa business plan and evidence that
explained the clerical error within the appeal interval
specified by the IUB. KMC is currently awaiting
reinstatement of its certificate and is in the process of
planning implementation of additional services in the
state of Iowa.
Kansas KMC Telecom V, Inc.Docket Nos. 01-KTVC-819-COC; 01-KTVT-820-
COC
Kentucky KMC Telecom V, Inc.Tariffs Effective as of July 28 , 2000
Louisiana KMC Telecom V, Inc.Docket No. S-25065
Maine KMC Telecom V, Inc.Docket No. 2000-425
Maryland KMC Telecom V, Inc.Docket Nos. TE 4610; ML 72420
Massachusetts KMC Telecom V, Inc.Registration filed April 28, 2000
Tariff effective as of June 2, 2000
DCOI/JENKEI211309.2
Michigan KMC Telecom V, Inc.Docket No. U-12456
(d/b/a KMC Network
Services, Inc.
Minnesota KMC Telecom V, Inc.Docket No.5988/NA-00-1718
Mississippi KMC Telecom V, Inc.Docket No. 00-UA-439
Missouri KMC Telecom V, Inc.Case No. TA-20000-785
Montana KMC Telecom V, Inc.Registered on November 30 2000
Nebraska KMC Telecom V, Inc.Application No. C-2327
Nevada KMC Telecom V, Inc.Docket No. 00-6011
New Hampshire KMC Telecom V, Inc.Authorization No. 08-001-
New Jersey KMC Telecom V, Inc.Docket No. TEOOO040255
New Mexico KMC Telecom V, Inc.Registered on April 30, 2001 and February 2001
New York KMC Telecom V, Inc.Case No. 00-0793
North Carolina KMC Telecom V, Inc.Docket No. P989 Sub 0
North Dakota KMC Telecom V, Inc.Docket Nos. PU-2478-01-18; PU-2478-01-
Ohio KMC Telecom V, Inc.Case No: 00-1043- TP-ACE
Certificate No: 90-9178
Oklahoma KMC Telecom V, Inc.Cause No. PUD 20000283
Oregon KMC Telecom V, Inc.Docket No. CP 903
Order No.01-277
Pennsylvania KMC Telecom V, Inc.Application Nos: A-31 0957, A-31 0957FOO02
Rhode Island KMC Telecom V, Inc.Docket No. 3122
South Carolina KMC Telecom V, Inc.Docket No. 2001-17-
South Dakota KMC Telecom V, Inc.Docket No. TCOO-199
Tennessee KMC Telecom V, Inc.Docket No. 00-1123
Texas KMC Telecom V, Inc.Docket No. 00-1123
in the name of "KMC
Network Services, Inc.
Utah KMC Telecom V , Inc.Docket No. 00-2355-01.
Vermont KMC Telecom V, Inc.CPG No. 624-
Virginia KMC Telecom V of Docket No. PUCOOO163
Virginia, Inc.
Washington KMC Telecom V, Inc.Docket No. UT-001924
Washington, DC KMC Telecom V, Inc.Formal Case No. 892
West Virginia KMC Telecom V, Inc.Case No. 00-0749-
Wisconsin KMC Telecom V, Inc.Docket No. 2876-NC-100
Wyoming KMC Telecom V, Inc Docket Nos. 70083-TA-00-l; 74509-TX-00-
DCOI/JENKE/211309,
EXHIBIT 5
LIST OF OFFICERS & STATEMENT OF MANAGERIAL AND TECHNICAL
OUALIFICA TIONS
Collectively, the members ofKMC Holdings ' management team have designed
managed, and/or operated advanced telecommunications facilities throughout the United States.
The members ofKMC Holdings' management team bring many years of experience and a
wealth of knowledge from being associated with a number of a highly successful companies in
the telecommunications industry.
William F. Lenahan is the Chief Executive Officer and a member ofthe Board of
Directors ofKMC Telecom Holdings, Inc. Mr. Lenahan came to KMC from BellSouth Wireless
Data, where he was President and CEO, responsible for financial performance and nationwide
wireless data strategy for this division of Bell South Corporation, beginning in October 1994.
Through his vision and execution, BellSouth earned recognition as the nationwide leader in
wireless data. Lenahan s team combined the power of handheld computers with wireless
technology to deliver products and services for interactive messaging, email on the belt and
access to the Internet with Palm.net service on the Palm VII, the first true Internet appliance.
Mr. Lenahan has served nearly 30 years in the information technology, telecommunications and
data industries. He began his career at IBM, where he worked for 12 years in a variety of sales
marketing, operations and human resources executive assignments, and sat on the IBM Product
Review Board, helping determine key product launches. He later joined United Telecom, the
forerunner of Sprint, where he started Amerisource, a new business that resold PBXs, PCs and
systems integration products. In 1986, he was named President and CEO of Bell Atlantic
Compushop division, a reseller ofPCs and communications products. From 1987 to 1993 he was
DCOIlJENKE/211309.2
Vice President/General Manager and then President and CEO ofthree Sears divisions - Sears
Business Centers, Office Centers and Computer Services. Mr. Lenahan earned a Bachelor of
Science degree in Data Processing at Kings College, and has pursued graduate studies in
Business Administration at Pace University, Financial Management at Harvard University and
Financial Planning at LaHulpe in Belgium. He is a member of the boards of the Broadbeam
Corporation and the WolfeTech Corporation, a member of the World President s Organization
and was on the Advisory Councils of IBM, Compaq and NCR.
Roscoe C. Young, KMC Holdings ' Chief Executive Officer and Chief Operating
Officer, prior to joining the Company, was Vice President of Network Services for Ameritech
where he led more than 4 000 employees in providing services ranging from ISDN and digital
Centrex to dial tone. He previously directed engineering, network services, national account
sales, marketing and real estate procurement for MFS Communications as Senior Vice President
ofthat company. He has also been a senior executive with AT&T where he was responsible for
sales, marketing, operations, engineering, financial management and human resources. During
that time, he was selected by the Reagan Administration to serve as a Special Assistant to
Secretary of Defense Caspar Weinberger under the White House Executive Exchange Program.
William H. Stewart, KMC Holdings ' Chief Financial Officer and Executive Vice
President, was previously employed with Nassau Capital. Mr. Stewart joined Nassau Capital in
1995 and has over eleven in the telecommunications investment industry. While at Nassau
Capital, Mr. Stewart led Nassau s investment program in the communications industry, which
included investments in Cypress Communications, Crown Castle and Portal Software.
Mr. Stewart has served as a Director ofKMC Holdings since 1996. He graduated cum laude with
DCOI/JENKE/211309.2
a B.S. degree from Villanova University, earned an M.B.A. from New York University, and is a
Chartered Financial Analyst.
Alan M. Epstein, KMC Holdings' Executive Vice President and Chief Legal Counsel , is
a partner in the New York office of Sidley Austin Brown & Wood. He practices in all areas of
domestic and international project finance with a particular focus on power, telecommunications
processing plants and infrastructure finance. He has represented multilateral agencies, major
developers and financial institutions in project finance transactions in Asia, South America and
Europe. In telecommunications finance, he has advised a major local exchange carrier and a
number of other telecom providers. He has extensive experience in financing of non-recourse
and limited recourse projects. Mr. Epstein is the author of a chapter on lease financing published
by Matthew Bender & Co., Inc. Mr. Epstein is a 1974 graduate of Syracuse University College
of Law.
Robert Hagan is Senior Vice President, Finance for KMC Telecom. Hagan joined KMC
in 1997 as Corporate Controller and was promoted to his current position in 2000. Mr. Hagan
currently oversees the company s finance, accounting, tax, access cost management and
purchasing organizations. Prior to joining KMC , Mr. Hagan held positions as VP of Finance for
Westfalia Separator, Inc., CFO of Lynton Group, Inc. and as an audit manager for Ernst &
Young. Mr. Hagan is a Certified Public Accountant with bachelor degrees in accounting and
business administration from Fairleigh Dickinson University in New Jersey.
Riley M. Murphy is Senior Vice President/Legal Affairs. Ms. Murphy has held executive
positions in the competitive local telecommunications sector since 1994. She has served as
Senior Vice President/Legal Affairs ofKMC Telecom in Bedminster, NJ since August 2002. In
2000, she served as General Counsel/Senior Vice President/Corporate Secretary for Trivergent
DCOI/JENKE/211309.
Communications, which merged with Gabriel Communications (now NuVox), and from 1994-
2000 she was General Counsel/Executive Vice President/Corporate Secretary of e.spire. During
1995-1999, she held various terms as an active board member of three industry trade
associations ALTS, CompTel and the Commercial Internet eXchange (CIX). She has testified
before Congressional subcommittees, state utility commissions and local governments on various
competitive telecommunications issues, She spent the first part of her career in private practice
representing cellular carriers, IXCs and other competitive providers.
Constance Loosemore, Vice President, Assistant Treasurer and Assistant Secretary joined
KMC after serving as Assistant Vice President, Telecommunications and Media Group with
Dresdner Kleinwort Benson. Prior to that she was the Assistant Vice President, US Project
Finance Group with the Sanwa Bank. Ms. Loosemore earned a BS in Finance from the
University of Tennessee.
DCOI/JENKEI211309.
. ~,
DCOI/JENKE/211309.2
EXHIBIT 6
NETWORK DIAGRAM OF KMC TELECOM V. INC.
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EXHIBIT 8
FINANCIAL QUALIFICATIONS OF KMC TELECOM V, INC.
FILED UNDER SEAL
DCOI/JENKE/21 1309.
DCOI IJENKE/2 1 1309.
EXHIBIT 9
PROPOSED LOCAL EXCHANGE SERVICES TARIFF
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Preface - Original Title Page
KMC TELECOM V, INC.
REGULATIONS AND SCHEDULE OF INTRASTATE
LOCAL EXCHANGE AND EXCHANGE ACCESS CHARGES
APPL YING TO END-USER
TELECOMMUNICATIONS SERVICES WITHIN
THE STATE OF IDAHO
1545 Route 206
Suite 300
Bedminster, New Jersey 07921
[phone]
ILLUSTRA TIVE
Issued: October 28 , 2003 .Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No. I
Preface - Original Page I
TABLE OF CONTENTS
Page
TABLE OF CONTENTS ............................................................................................................................
EXPLANA nON OF SYMBOLS, REFERENCE MARKS, AND ABBREVIA nONS OF
TECHNICAL TERMS USED IN THIS TARIFF .......................................................................... 3
TARIFF FORMAT......................................................................................................................................
APPLICATION OF TARIFF ......................................................................................................................
DEFINITIONS ........................................................................................................................................... I
REGULATIONS ........................................................................................................................................
Undertaking of the Company.... ................ ....................... ......... ............... ......................... 1
Prohibited Uses..................................................................................................................
Obligations of the Customer.... ............ ............. ............ ............. ............... ......................... 92.4 Customer Equipment and Channels ................................................................................
Payment Arrangements ................................................................................................... 13
Allowances for InteITUptions in Service.......................................................................... 18
Cancellation of Service ...................................................................................................
Transfers and Assignments .............................................................................................
Notices and Communications..........................................................................................
Operator Services Rules
................................................................................................
APPLICATION OF RATES ......................................................................................................................
Introduction .......................................................................................................................
3.2 Charges Based on Duration of Use ...................................................................................
Rates Based Upon Distance ..............................................................................................
SERVICE AREAS .....................................................................................................................................
Local Exchange Service Areas........................................................................................ 4.2 List of Exchange Areas and Local Calling Areas..............................................................
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI2l1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Preface - Original Page 2
TABLE OF CONTENTS
(continued)
Page
LOCAL EXCHANGE SERVICE OFFERING...........................................................................................
1 General..............................................................................................................................
Basic Line Service............................................................................................................. 2
EXCHANGE ACCESS OPTIONAL FEATURES ....................................................................................
Directory Listings..............................................................................................................
LOCAL CALLIN"G SERVICE..................................................................................................................
Description ........................................................................................................................
MISCELLANEOUS SERVICES ........................................................
......................................................
Operator Services..... ......... ..................
............... ............... ............ .......... ..... .....................
Busy Line Verify and Line Interrupt Service .................................................................... 3
Service Implementation.....................................................................................................
Restoration of Service .......................................................................................................
Charges for Connecting or Changing Service ...................................................................
SPECIAL ARRANGEMENTS ..................................................................................................................
Individual Case Basis (ICB) Arrangements ......................................................................
Temporary Promotional Programs ....................................................................................
Issued: October 28, 2003Issued By: MIke Duke
. .
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Preface - Original Page 3
EXPLANA nON OF SYMBOLS, REFERENCE
MARKS, AND ABBREVIATIONS OF TECHNICAL
TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate or regulation.
Issued: October 28 , 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652,
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No. I
Preface - Original Page 4
TARIFF FORMAT
Sheet Numbering - Page numbers appear in the upper right corner of the sheet. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When a new
page is added between existing pages with whole numbers, a decimal is added. For example, a
new page added between pages 34 and 35 would be page 34.
Sheet Revision Numbering - Revision numbers also appear in the upper right corner of the
page. These numbers are used to detennine the most current page version on file with the
Commission. For example, 4th Revised Page 34 cancels the 3rd Revised Page 34. Consult the
check sheet for the page currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level:
1.1.
2. 1. LA.
1. LA. 1.
A.l.(a).
2. 1. LA. l.(a).
A.l.(a).I.(i).
A.l.(a).I.(i).(l ).
Check Sheet - When a tariff is filed with the Commission, an updated check sheet accompanies
the tariff filing. The check sheet lists the tariff pages, with a cross reference to the current
revision number. When new sheets are added, the check sheet is changed to reflect the revision.
All revisions made in a given filing are designated by an asterisk (*). There will be no other
symbols used on this sheet if these are the only changes made. 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: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Preface - Original Page 5
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, tenns and conditions applicable to the furnishing of
intrastate end-user telecommunications services by KMC Telecom V, Inc., hereinafter referred to as the
Company, to customers within the State ofIdaho.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKEI2l1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 1 - Original Page 1
DEFINITIONS
Certain tenns used generally throughout this tariff are defined below.
Abbreviated Dialing: Penn its lines within a Customer s tenninal group to place calls within the
group using 1 to 7 digits.
Account Codes : Pennits Centrex Stations and attendants to dial an account code number of up to
eight digits. For use when placing calls over facilities alTanged for Automatic Message
Accounting (AMA) recording. The account or project number must be input prior to dialing the
called number.
Advance Payment:Part or all of a payment required before the start of service.
Automatic Number Identification (ANn: Allows the automatic transmission of a caller s billing
account telephone number to a local exchange company, interexchange carrier or a third party
subscriber. The primary purpose of ANI is to allow for billing of toll calls.
Bit:The smallest unit of infonnation in the binary system of notation.
Commission: Idaho Public Utilities Commission.
Communication Services: The Company s intrastate toll and local exchange switched telephone
services offered for both intraLA T A and interLA T A use.
Company or KMC: KMC Telecom V, Inc., the issuer of this tariff.
Conference: Allows customers to add additional parties to a call.
Customer or Subscriber: The person, finn or corporation that orders service and is responsible
for the payment of charges and compliance with the Company s regulations.
Dial Pulse (or "DP": The pulse type employed by rotary dial station sets.
Dial 9 Access: Allows Customers to place calls outside their ClearStar Advantage system by
dialing an access code (usually 9).
Direct Inward Dial (or "DID": A service attribute that routes incoming calls directly to stations
by-passing a central answering point.
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 1 - Original Page 2
DEFINITIONS
DID Trunk:A form of local switched access that provides the ability for an outside party to call
an internal extension directly without the intervention of the company operator.
Direct Outward Dial (or "DOD": A service attribute that allows individual station users to
access and dial outside numbers directly.
Do Not Disturb: Permits the attendant to cut off a single station line and selected groups of
station lines from receiving incoming and station-to-station calls.
DSX-l Panel Distribution equipment used to terminate and administer DSI (1.544 Mbps)
circuits.
Dual Tone Multi-Frequency (or "DTMF": The pulse type employed by tone dial station sets.
Duplex Service : Service that provides for simultaneous transmission in both directions.
Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light
beam carrying communications signals may be transmitted by means of multiple internal
reflections to a receiver, which translates the message.
Hunting: Routes a call to an idle station line in a prearranged group when the called station line
is busy.
In-Only: A service attribute that restricts outward dial access and routes incoming calls to a
designated answer point.
Joint User: A person, firm or corporation that is designated by the Customer as a user of services
furnished to the Customer by KMC and to whom a portion of the charges for the service will be
billed under a joint user arrangement as specified herein.
Kbps: Kilobits per second, denotes thousands of bits per second.
Last Number Redial: Enables a station line user to redial the last called number by use of an
access code rather than dialing the entire number.
LATA: A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action
No. 82-0192; or any other geographic area designated as a LATA in the National Exchange
Carrier Association, Inc. TariffF.c.C. No.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 1 - Original Page 3
DEFINITIONS
Local Exchange Carrier or ("LEC": Denotes any individual, partnership, association, joint-stock
company, trust or corporation engaged in providing switched communication within an exchange.
Manual Exclusion:Restricts others from retrieving a put on hold or from breaking into a call.
Applicable to ISDN centrex type services. Ensures privacy is automatically invoked whenever a
customer picks up the phone to place or answer a call.
Mbps: Megabits, denotes millions of bits per second.
Message Waiting Indication:Provides a lighted indicator (usually on a telephone set) that
infonns customer of a new message to be reviewed.
Multi-Frequency or ("MF": An inter-machine pulse-type used for signaling between telephone
switches, or between telephone switches and PBX/key systems.
Multi Site Abbreviated Dialing:Allows customers to use abbreviated dialing capabilities among
multiple locations.
Recurring Charges: The monthly charges to the Customer for services, facilities and equipment
that continue for the agreed upon duration ofthe service.
Service Commencement Date: The first day following the 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 that does not confonn to standards set forth in the Service
Order or this tariff, in which case the Service Commencement Date is the date of the Customer
acceptance. The Company and Customer may mutually agree on a substitute Service
Commencement Date.
Service Order: The written request for Network Services executed by the Customer and the
Company in the fonnat devised by the Company. The signing of a Service Order by the
Customer and acceptance by the Company initiates the respective obligations of the parties as set
forth therein and pursuant to this tariff, but the duration of the service is calculated from the
Service Commencement Date.
Shared: A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Speed Calling: Pennits a station line user to dial selected numbers by using fewer digits than
nonnally required. This is accomplished through the assignment of abbreviated codes to
frequently called numbers. The speed calling list is customer-changeable.
Issued: October 28 , 2003Issued By: Mike Duke
, .
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOllJENKE1211652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 1 - Original Page 4
DEFINITIONS
System: Allows shared use of speed calling list. A control station will add, change or delete
telephone numbers from the list for the group.
Station: Allows a station line user to add, change or delete telephone numbers from a speed
calling list. The list is dedicated to the individual station line user.
Three-Way Calling: Allows a station line user to add a third party to an existing conversation.
Two Way: A service attribute that includes outward dial capabilities for outbound calls and can
also be used to carry inbound calls to a central point for further processing.
Unifonn Call Distribution : Automatically distributes incoming calls, in the order of their arrival
to customer telephone lines that have been idle the longest.
User or End User: A Customer, Joint User, or any other person authorized by a Customer to use
service provided under this tariff.
Issued: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.2
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 1
REGULA nONS
Undertaking of the Company
Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way telecommunications services between
points within the State of Idaho.
Customers and users may use services and facilities provided under this tariff to obtain
access to services offered by other service providers. The Company is responsible under
this tariff only for the services and facilities provided hereunder, and it assumes no
responsibility for any service provided by any other entity that purchases access to the
Company network in order to originate or terminate its own services, or to communicate
with its own customers.
1.2 Shortage of Equipment or Facilities
(A)The Company reserves the right to limit or to allocate the use of existing
facilities, or of additional facilities offered by the Company, when necessary
because of lack of facilities, or due to some other cause beyond the Company
control.
(B)The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of the
Company s facilities as well as facilities the Company may obtain from other
carners to furnish service from time to time as required at the sole discretion of
the Company.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 2
REGULA nONS
Undertaking of the Company (Cont'
1.3 Tenns and Conditions
(A)
(B)
(C)
Service is provided on the basis of a minimum period of at least one month, 24-
hours per day. For the purpose of computing charges in this tariff, a month is
considered to have 30 days.
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 tenus and conditions in this tariff.
Customers will also be required to execute any other documents as may be
reasonably requested by the Company.
At the expiration of the initial tenn specified in each Service Order, or in any
extension thereof, service shall continue on a month-to-month basis at the then
current rates unless tenninated by either party upon 30 days' notice. Any
termination shall not relieve the Customer of its obligation to pay any charges
incurred under the service order and this tariff prior to tennination. The rights
and obligations which by their nature extend beyond the tennination of the tenn
ofthe service order shall survive such tennination.
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCO I/JENKE/2 1 1652,
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 3
REGULA nONS
Undertaking of the Company (Cont'
Tenns and Conditions (Cont'd)
(D)
(E)
Service may be terminated upon written notice to the Customer if:
(1)
(2)
the Customer is using the service in violation of this tariff; or
the Customer is using the service in violation of the law.
This tariff shall be interpreted and governed by the laws of the State of Idaho
regardless of its choice of laws provision.
1.4 Liability of the Company
(A)
(B)
The liability of the Company for damages arising out of 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 arising out
of the failure to furnish the service, whether caused by acts or omission, shall be
limited to the extension of allowances for interruption as set forth in 2.6. The
extension of such allowances for interruption shall be the sole remedy of the
Customer and the sole liability of the Company. The Company will not be liable
for any direct, indirect, incidental, special, consequential, exemplary or punitive
damages to Customer as a result of any Company service, equipment or facilities
or the acts or omissions or negligence of the Company s employees or agents.
The Company shall not be liable for any delay or failure of perfonnance 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 Government, or of any other
government, including state and local governments having or claiming
jurisdiction over the Company, or of any department, agency, commission
bureau, corporation, or other instrumentality of any one or more of these federal
state, or local governments, or of any civil or military authority; national
emergencies; insurrections; riots; wars; unavailability of rights-of-way or
materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
Issued: October 28, 2003 .Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 4
REGULATIONS
Undertaking ofthe Company (Cont'd)
1.4 Liability of the Company (Cont'd)
(C)
(D)
(E)
(F)
(G)
The Company does not guarantee nor make any waITanty with respect to
installations it provides for use in an explosive atmosphere. The Customer
indemnities and holds the Company hannless from any and all loss, claims
demands, suits, or other action, or any liability whatsoever, whether suffered
made, instituted, or asserted by any other party or person(s), and for any loss
damage, or destruction 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 is not liable for any defacement of or damage to Customer
premises resulting from the furnishing of services or equipment on such premises
or the installation or removal thereof, unless such defacement or damage is
caused by negligence or willful misconduct of the Company s agents or
employees.
The Company shall be indemnified, defended and held hannless 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 communications.
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 giving rise to the claim. No action or
proceeding against the Company shall be commenced after the expiration of the
applicable statute of limitations.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 5
REGULA nONS
Undertaking ofthe Company (Cont'd)
1.4 Liability of the Company (Cont'd)
(H)The included tariff language does not constitute a detennination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court oflaw. 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.
1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include
but are not limited to, equipment or facilities additions, removals or rearrangements and
routine preventative maintenance. Generally, such activities are not specific to an
individual Customer but affect many Customers' services. No specific advance
notification period is applicable to all service activities. The Company will work
cooperatively with the Customer to determine the reasonable notification requirements.
With some emergency or unplanned service-affecting conditions, such as an outage
resulting from cable damage, notification to the Customer may not be possible.
Issued: October 28 , 2003Issued By: Mike Duke
..
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 6
REGULATIONS
2.1 Undertaking of the Company (Cont'
1.6 Provision of Equipment and Facilities
(A)
(B)
(C)
(D)
(E)
(F)
The Company shall use reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this tariff. The
Company does not guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, reaITange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company, except upon the written consent of the Company.
The Company may substitute, change or reaITange any equipment or facility at
any time and from time to time, but shall not thereby alter the technical
parameters of the service provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any
purpose other than that for which it was provided by the Company.
The Customer shall be responsible for the payment of service charges as set forth
herein for visits by the Company s agents or employees to the Premises ofthe
Customer when the service difficulty or trouble report results from the use of
equipment or facilities provided by any party other than the Company, including
but not limited to the Customer.
The Company shall not be responsible for the installation, operation, or
maintenance of any Customer-provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this tariff and to the maintenance and operation of such facilities.
Subject to this responsibility, the Company shall not be responsible for:
(1)the transmission of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission; or
(2)the reception of signals by Customer-provided equipment.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.2
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 7
REGULA nONS
Undertaking of the Company (Cont'd)
1.7 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this
tariff, special construction of facilities may be undertaken on a reasonable efforts basis at
the request of the Customer. Special construction is that construction undertaken:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
1.8
where facilities are not presently available, and there is no other requirement for
the facilities so constructed;
of a type other than that which the Company would normally utilize in the
furnishing of its services;
over a route other than that which the Company would normally utilize in the
furnishing of its services;
in a quantity greater than that which the Company would normally construct;
on an expedited basis;
on a temporary basis until permanent facilities are available;
involving abnormal costs; or
in advance of its normal construction.
Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
agents or contractors.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 8
REGULA nONS
2.2 Prohibited Uses
(A)
(B)
(C)
(D)
The services the Company offers shall not be used for any unlawful purpose or for any
use as to which the Customer has not obtained all required governmental approvals
authorizations, licenses, consents and permits.
The Company may require applicants for service who intend to use the Company
offerings for resale and/or for shared use to file a letter with the Company confirming that
their use of the Company s offerings complies with relevant laws and Idaho Public
Utilities Commission regulations, policies, orders, and decisions.
The Company may require a Customer to immediately shut down its transmission of
signals if said transmission is causing interference to others.
A customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to
another entity if the existing Customer has paid all charges owed to the Company for
regulated communications services. Such a transfer will be treated as a disconnection of
existing service and installation of new service, and non-recurring installation charges as
stated in this tariff will apply.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCO 1 IJENKEI2 1 1652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 9
REGULATIONS
Obligations of the Customer
General
The Customer shall be responsible for:
(A)
(B)
(C)
(D)
(E)
the payment of all applicable charges pursuant to this tariff;
damage to or loss of the Company s facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
providing at no charge, as specified nom time to time by the Company, any
needed personnel, equipment space and power to operate Company facilities and
equipment installed on the premises ofthe Customer, and the level of heating and
air conditioning necessary to maintain the proper operating environment on such
premises;
obtaining, maintaining, and otherwise having full responsibility for all rights-of-
way and conduits necessary for installation of fiber optic cable and associated
equipment used to provide Communication Services to the Customer nom the
cable building entrance or property line to the location of the equipment space
described in 2.3.1(C). Any and all costs associated with obtaining and
maintaining the rights-of-way described herein, including the costs of altering the
structure to pennit installation ofthe Company-provided facilities, shall be borne
entirely by, or may be charged by the Company to, the Customer. The Company
may require the Customer to demonstrate its compliance with this section prior to
accepting an order for service;
providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees
and agents shall be installing or maintaining the Company s facilities and
equipment. The Customer may be required to install and maintain Company
facilities and equipment within a hazardous area if, in the Company s opinion
injury or damage to the Company 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
(e.g. friable asbestos) prior to any construction or installation work;
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 10
REGULA TrONS
Obligations of the Customer (Cont'
General (Cont'd)
(F)
(G)
(H)
complying with all laws and regulations applicable to, and obtaining all consents
approvals, licenses and permits as may be required with respect to, the location
of Company facilities and equipment in any Customer premises or the rights-of-
way for which Customer is responsible under Section 2.1 (D); and granting or
obtaining permission for Company agents or employees to enter the premises of
the Customer at any time for the purpose of installing, inspecting, maintaining,
repairing, or upon termination of service as stated herein, removing the facilities
or equipment of the Company;
not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and
making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer.
allowance will be made for the period during which service is interrupted for
such purposes.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 11
REGULA nONS
2.4 Customer Equipment and Channels
2.4.General
A User may transmit or receive infonnation or signals via the facilities of the Company.
The Company s services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in this tariff. A User may. transmit any
form of signal that is compatible with the Company s equipment, but the Company does
not guarantee that its services will be suitable for purposes other than voice-grade
telephonic communication except as specifically stated in this tariff.
2.4.Station Equipment
(A)Terminal equipment on the User s Premises and the electric power consumed by
such equipment shall be provided by and maintained at the expense ofthe User.
The User is responsible for the provision of wiring or cable to connect its
tenninal equipment to the Company Point of Connection.
(B)The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and
currents impressed on Company-provided equipment and wiring by the
connection, operation, or maintenance of such equipment and wiring shall be
such as not to cause damage to the Company-provided equipment and wiring or
injury to the Company s employees or to other persons. Any additional
protective equipment required to prevent such damage or injury shall be provided
by the Company at the Customer s expense.
Issued: October 28, 2003Issued By: Mike Duke
, ;
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 12
2.4
REGULA nONS
Customer Equipment and Channels (Cont'
2.4.Interconnection of Facilities
(A)
(B)
(C)
(D)
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communication
Services and the channels, facilities, or equipment of others shall be provided at
the Customer s expense.
Communication Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the
tenus and conditions ofthe tariffs of the other communications carriers that are
applicable to such connections.
Facilities furnished under this tariff may be connected to Customer-provided
tenninal equipment in accordance with the provisions of this tariff. All such
tenninal equipment shall be registered by the Federal Communications
Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all
User-provided wiring shall be installed and maintained in compliance with those
regulations.
Users may interconnect communications facilities that are used in whole or in
part for interstate communications to services provided under this tariff only to
the extent that the user is an is "End User" as defined in Section 69.2(m), Title
, Code of Federal Regulations (1992 edition).
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCO lIJENKE/2 1 1652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 13
REGULA nONS
2.4 Customer Equipment and Channels (Cont'd)
2.4.4 Inspections
(A)
(B)
Upon suitable 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 Section
2.4.2(B) for the installation, operation, and maintenance of Customer-provided
facilities, equipment, and wiring in the connection of Customer-provided
facilities and equipment to Company-owned facilities and equipment.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to
protect its facilities, equipment, and personnel. The Company will notify the
Customer promptly if there is any need for further corrective action. Within ten
days of receiving this notice, the Customer must take this corrective action and
notify the Company of the action taken. If the Customer fails to do this, the
Company may take whatever additional action is deemed necessary, including
the suspension of service, to protect its facilities, equipment and personnel from
harm.
Payment Arrangements
Payment for Service
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Users authorized by the Customer
regardless of whether those services are used by the Customer itself or are resold to or
shared with other persons.
Billing and Collection of Charges
(A)
(B)
Non-recurring charges are due and payable from the customer within 30 days
after the invoice date, unless otherwise agreed to in advance.
The Company shall present invoices for Recurring Charges monthly to the
Customer, in advance of the month in which service is provided, and Recurring
Charges shall be due and payable within 30 days after the invoice date. When
billing is based on customer usage, charges will be billed monthly for the
preceding billing periods.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 14
REGULA nONS
Payment Arrangements (Cont'd)
Billing and Collection of Charges (Cont'd)
(C)
(D)
(E)
(F)
When service does not begin on the first day of the month, or end on the last day
of the month, the charge for the fraction of the month in which service was
furnished will be calculated on a pro rata basis. For this purpose, every month is
considered to have 30 days.
Billing of the Customer by the Company will begin on the Service
Commencement Date, which is the first day following the date on which the
Company notifies the Customer that the service or facility is available for use
except that the Service Commencement Date may be postponed by mutual
agreement of the parties, or if the service or facility does not conform to
standards set forth in this tariff or the Service Order. Billing accrues through and
includes the day that the service, circuit, aITangement or component is
discontinued.
The Customer will be assessed a charge consistent with applicable state law for
each check submitted by the Customer to the Company that a financial institution
refused to honor.
If service is disconnected by the Company in accordance with section 2.5 (B)
following and later restored, restoration of service will be subject to all
applicable installation charges
Advance Payments
Company will not seek advanced payments from its customers.
Issued: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 15
Payment Arrangements (Cont'd)
5.4 Discontinuance of Service
(A)
REGULA nONS
The Company may deny or terminate service(s) to a Customer without prior
notice for one or more of the following reasons:
(i)
(ii)
(iii)
(iv)
(v)
When a condition immediately dangerous or hazardous to life
physical safety, or property exists, or it is necessary to prevent a
violation of federal, state or local safety or health codes;
Company is ordered to terminate service by a court, the
Commission or any other duly authorized public authority;
Company service(s) was obtained, diverted or used without
authorization or knowledge of the telephone company;
Company has tried to meet the disconnection notification
procedures address in Section 2.5 (C), IDAPA 31.41.01.304
but has been unsuccessful it its attempt to contact the Customer.
Customer has misrepresented the Customer s identity for
purposes of obtaining telephone service and has no or an
inadequate security deposit on filing with the Company and has
an outstanding bill exceeding one hundred ($100) dollars.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 16
REGULA nONS
Payment Arrangements (Cont'd)
5.4 Discontinuance of Service (Cont'
(B)The Company may deny or terminate service(s) to a Customer, without the
Customer s pennission, after adequate notice, as described in Section 2.(C),
below for one or more of the following reasons:
(i)Customer did not pay undisputed delinquent bills for local
exchange services or paid a delinquent bill with a dishonored
check;
(ii)Customer failed to make a deposit when required;
( iii)Customer failed to abide by the terms of a payment arrangement;
(iv)Customer misrepresented the Customer s identity for purposes of
obtaining telephone service from the Company;
(v)Company determines that the Customer is wasting or interfering
with service through improper equipment or otherwise; or
(vi)The use of Company service(s) for which the user did not apply.
(C)Company will provide written notice of termination at least seven (7) calendar
days before proposed termination and will attempt to contact the affected
Customer at least twenty-four (24) hours before actual termination.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 17
REGULA nONS
Payment Arrangements (Cont'
2.5.Cancellation of Application for Service
(A)
(B)
(C)
(D)
If a Customer wishes to leave the Company or cancel its order, it may do so with
or without the Company s agreement to do so. If a Customer cancels an
Application for service prior to any special construction, no charges will be
imposed except for those specified below:
Where, prior to cancellation by the Customer, the Company incurs any expenses
in installing the service or in preparing to install the service that it otherwise
would not have incurred, a charge equal to the costs incurred by the Company,
shall apply, but in no case shall this charge exceed the sum of the charge for the
minimum period of services ordered, including installation charges, and all
charges others levy against the Company that would have been chargeable to the
Customer had service commenced.
Where the Company incurs any expense in connection with special construction
or where special arrangements of facilities or equipment have begun, before the
Company received a cancellation notice, a charge equal to the costs incurred by
the Company applies. In such cases, the charge will be based on such elements
as the cost of equipment, facilities, and material , the cost of installation
engineering, labor, and supervision expenses or other quantifiable disbursements
made on behalf of the customer.
The special charges described in 2.6(A) through 2.6(C) will be calculated and
applied on a case-by-case basis.
Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, service parameters, premises locations, or otherwise materially modifies
any provision of the application for service, the Customer s installation fee shall be
adjusted accordingly.
Issued: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652,
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 18
REGULA nONS
Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the
provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.1 for
the part ofthe service that the interruption affects.
Credit for Interruptions
(A)A credit allowance will be made when an interruption occurs because of a failure
of any component furnished by the Company under this tariff. An interruption
period begins when the Customer reports a service, facility or circuit to be
interrupted and releases it for testing and repair. An interruption period ends
when the service, facility or circuit is operative. If the Customer reports a
service, facility or circuit to be inoperative but declines to release it for testing
and repair, it is considered to be impaired, but not interrupted.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 19
REGULATIONS
Allowances for Intenuptions in Service (Cont'
Credit for Intenuptions (Cont'd)
(B)
(C)
(D)
(E)
Company will adopt and pursue a maintenance program aimed at achieving
efficient operation of its systems to render safe, adequate and unintemlpted
service. These programs must include guidelines for keeping all plant and
equipment in good repair, including the following:
i. Broken, damaged or deteriorated equipment must be promptly repaired
or replaced; andii. Transmission problems (including induction, cross-talk, or other poor
transmission on any line) must be promptly corrected when located or identified.
If Customer s local telephone service quality deteriorates to such an extent that
Customer cannot make local calls or cannot receive local calls or cannot use the
service for voice grade communication because of cross-talk, static or other
transmission problem, Company will respond to Customer s report of such a
service outage" in accordance with IPUC Rule 503. Customer s bills will be
appropriately and automatically credited pursuant to the terms of IPUC Rule 503.
Company will provide for the receipt of Customer trouble reports at all hours and
make a full and prompt investigation of and response to all reports. Company
will maintain an accurate record of trouble reports made by Customers. This
record shall include accurate identification of the customer or service affected
the time, date and nature of the report, the action taken to clear the trouble or
satisfy the Customer, and the date and time of trouble clearance or other
disposition. This record shall be available to the Commission or its authorized
representatives upon request at any time within two (2) years of the date of the
record.
Company will make every reasonable attempt to fulfill repair commitments to
customers. Customers shall be timely notified of unavoidable changes. Failure
to meet a repair commitment will not fully relieve Company of the credit
provisions in IPUC Rule 503., unless the customer fails to keep an
appointment the Customer agreed to when the original commitment as made.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 20
REGULA nONS
Allowances for Interruptions in Service (Cont'
Credit for Interruptions (Cont'd)
(F)
(G)
(H)
When a telephone company providing local exchange service pursuant to Title
, Idaho Code, is informed by a customer of a service outage as described in
Subsection 501., the telephone company must:
(i) 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 for the customer; or
(ii) Restore service within twenty-four (24) hours after the report of the
outage if no emergency exists, except that outages reported between noon on
Saturday and 6:00 m. on the following Sunday must be restored within forty-
eight (48) hours or by 6:00 m. on the following Monday, whichever is sooner.
If the telephone company does not restore service within the times required by
this subsection the telephone company must credit the customer s account for an
amount equal to the monthly rate for one (1) month of basic local exchange
servIce.
Following disruption of telephone service caused by natural disaster or other
causes not within the telephone company s control and affecting large groups of
customers, or in conditions where the personal safety of an employee would be
jeopardized, the telephone company is not required to provide the credit referred
to in subsection 503.01 as long as it uses reasonable judgment and diligence to
restore service, giving due regard for the needs of various customers and the
requirements of the telecommunications service priority (TSP) program ordered
in FCC Docket 88-341 (47 c.F.R. Part 64 Appendix A). When a customer
causes the customer s own service outage or does not make a reasonable effort to
arrange a repair visit within the service restoration deadline, or when the
telephone company determines that the outage is attributable to the customer
own equipment or inside wire, the telephone company is not required to provide
to that customer credit referred to in Subsection 503.01.
Each month at least ninety percent (90%) of out-of-service trouble reports shall
be cleared in accordance with Subsections 503.01 and 503.02. The telephone
company shall keep a monthly service record as described in Subsection 502.
and shall notify the Commission whenever the record indicates the ninety percent
(90%) level has not been met for a period of three (3) consecutive months.
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 21
REGULA nONS
Cancellation of Service
If a Customer cancels a Service Order or tenninates services before the completion of the tenn for
any reason whatsoever other than a service interruption (as defined in Section 2.1 in accordance
with IDAP A 31.41.01.501-503), the Customer agrees to pay to the Company tennination liability
charges, as defined below. These charges shall become due and owing as of the effective date of
the cancellation ortennination and be payable within the period, set forth in Section 2.
The Customer s tennination liability for cancellation of service shall be equal to:
(A)all unpaid Non-Recurring charges expended and documented by the Company to
establish service to the Customer; plus
(B)any disconnection, early cancellation or tennination charges reasonably incUITed and paid
to third parties by the Company on behalf of and documented for the Customer. Such
documentation will be provided to the customer in the final billing.
Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the services and facilities provided by the Company without the written consent of the other
party, except that the Company may assign its rights and duties:
(A)
(B)
to any subsidiary, parent company or affiliate of the Company; or
pursuant to any sale or transfer of substantially all the assets of the Company; or
(C)pursuant to any financing, merger or reorganization of the Company.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI IJENKEI2 1 1652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 22
REGULA nONS
Notices and Communications
(A)
(B)
(C)
(D)
The Customer shall designate on the Service Order an address to which the Company
shall mail or deliver all notices and other communications, except that the Customer may
also designate a separate address to which the Company s bills for service shall be
mailed.
The Company shall designate on the Service Order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may
designate a separate address on each bill for service to which the Customer shall mail
payment on that bill.
All notices or other communications required to be given pursuant to this tariff will be in
writing. Notices and other communications of either party, and all bills mailed by the
Company, shall be presumed to have been delivered to the other party on the third
business day following placement of the notice, communication or bill with the U.S. Mail
or a private delivery service, prepaid and properly addressed, or when actually received
or refused by the addressee, whichever occurs first.
The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 23
2.10
REGULA nONS
Operator Services Rules
(A)The Company will enforce the following operator service rules.
A provider of intrastate operator assisted communications services must:
(1)
(2)
(3)
(4)
(5)
identify itself at the time the end-user accesses its services;
upon request, quote all rates and charges for its services to the end-user accessing
its system;
arrange to have posted in plain view at each telephone location which
automatically accesses the operator service provider s network and where its
services are made available to the public or transient end-users:
(a)
(b)
the operator service provider s name and address;
bill and service dispute calling information including the operator service
provider s dispute resolution phone number;
(c)clear and specific instructions informing the end-user how to access a
local exchange telephone company operator as an alternative available to
the end-user; and
(d)notice concerning any and all amounts to be billed by the operator
services provider on behalf of any host location or third party that will
appear on the operator service provider s bill for services rendered.
in instances when the provider is unable to complete the call and it requires
transfer to another telephone corporation that may affect the rates and charges
applicable to the telephone bill , inform the caller of the transfer and its possible
effect on the applicable rates and charges, before any charges are incurred; and
in the case of such transfer, the telephone corporation or provider to which the
call is transferred shall identify itself and inform the caller of the transfer s effect
on the applicable rates and charges, before any charges are incurred.
Issued: October 28, 2003Issued By: Mike Duke
;.,
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 2 - Original Page 24
REGULATIONS
Operator Services Rules (Cont'd)
(B)The Company will comply with the following provisions:
(1)Providers of intrastate operator assisted communications services shall not take
any, action or enter into any arrangement that restricts end-user selection among
competing interexchange telephone corporations or end-users access to
competing providers of intrastate operator assisted communications services, or
pay any commissions or other compensation to any entity engaged in such action
or arrangement.
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 3 - Original Page 1
APPLICATION OF RATES
Introduction
The regulations set forth in this section govern the application of rates for services contained in
other sections of this tariff.
Charges Based on Duration of Use
Where charges for a service are specified based on the duration of use, such as the duration of a
telephone call, the following rules apply:
(A)
(B)
(C)
(D)
(E)
Calls are measured in durational increments identified for each service. All calls that are
fractions of a measurement increment are rounded-up to the next whole unit.
Timing on completed calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this
signaling is provided by the terminating local carrier and any intermediate carrieres).
Timing for operator service person-to-person calls start with completion of the
connection to the person called or an acceptable substitute, or to the PBX station called.
Timing terminates on all calls when the calling party hangs up or the Company s network
receives an off-hook signal from the terminating carrier.
Calls originating in one time period and terminating in another will be billed in
proportion to the rates in effect during different segments of the call.
All times refer to local time.
Rates Based Upon Distance
Where charges for a service are specified based upon distance, the following rules:
(A)Distance between two points is measured as airline distance between the rate centers of
the originating and terminating telephone lines. The rate center is a set of geographic
coordinates, as referenced in the Local Exchange Routing Guide issued by Bellcore
associated with each NPA-NXX combination (where NPA is the area code and NXX is
the first three digits of a seven-digit telephone number). Where there is no telephone
number associated with an access line on the Company s network (such as a dedicated
800 or W A TS access line), the Company will apply the rate center of the Customer
main billing telephone number.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652,
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 3 - Original Page 2
APPLICATION OF RATES
Rates Based Upon Distance (Cont'd)
(B)The airline distance between any two rate centers is detennined as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Obtain the "V" (vertical) and "H" (horizontal) coordinates for each rate center
from the Bellcore Local Exchange Routing guide referenced in Section 3.3(A).
Compute the difference between the "V" coordinates of the two rate centers; and
the difference between the two "H" coordinates.
Square each difference obtained in step (2) above.
Add the square of the "V" difference and the square of the "H" difference
obtained in step (3) above.
Divide the sum of the squares by 10. Round to the next higher whole number if
any fraction is obtained.
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.
FORMULA =
(V1- V2/ +(H1-H2/
Issued: October 28, 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 1
SERVICE AREAS
Local Exchange Service Areas
Exchange services are provided in all Local Exchange Service Areas (EASA) throughout the
entire State of Idaho.
List of Exchange Areas and Local Calling Areas
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
American Falls American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho Falls, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park, and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications).
Bancroft Bancroft, American Falls, Blackfoot, Downey, Grace, Idaho Falls, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Blackfoot Blackfoot, American Falls, Bancroft, Downey, Grace, Idaho Falls, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Springfield (Citizen s Telephone Company); Paris (Lakeside
Communications, Inc.); Arbon and Rockland (Rockland Telephone
Company); Irwin and Wayan (Silver Star Telephone Company); Driggs
(including Tetonia and Victor - Teton Communications)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO I/JENKE/2 1 1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 2
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Bliss Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding, Hagerman
Jerome, Kimberly, Murtagh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Boise Boise, Caldwell, Emmett, Idaho City, Kuna, Melba, Meridian
Middleton, Mountain Home, Nampa, New Plymouth, Payette, Star
Glenns Ferry and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Farmers Mutual Telephone Company); Lowman
(Cambridge Telephone Company)
Buhl Buhl, Bliss, Castleford, Dietrich, Eden-Hazelton, Gooding, Hagerman
Jerome, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Burley Burley, Dec1o;
Albion, Almo, Elba, Malta, and Raft River (Albion Telephone
Company); Minidoka, Norland, Oakley, Paul and Rupert (Project Mutual
Telephone Cooperative Association, Inc.
Caldwell Caldwell, Boise, Emmett, Glenns Ferry, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home , Nampa, New Plymouth, Payette
Star and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company);
Homedale, Marsing, Parma, Garden Valley, Horseshoe Bend, Sweet and
Wilder (Citizens Telephone Company); Fruitland and NuAcres (Farmers
Mutual Telephone Company)
Issued: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/21 1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 3
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Castleford Castleford, Bliss, Buhl, Dietrich, Eden-Hazelton, Gooding, Hagerman
Jerome, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Dietrich Dietrich, Bliss, Buhl, Castleford, Eden-Hazelton, Gooding, Hagerman
Jerome, Kimberly, Murtaugh, Shoshone, Twin Galls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Downey Downey, American Falls, Bancroft, Blackfoot, Grace, Idaho Falls, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Eden-Hazelton Eden-Hazelton, Bliss, Buhl, Castleford, Dietrich, Gooding, Hagerman
Jerome, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Emmett Emmett, Boise, Caldwell, Glenns Ferry, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home, Nampa, New Plymouth, Payette
Star; and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Farmers Mutual Telephone Company)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 4
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Glenns Ferry Glenns Ferry, Boise, Caldwell, Emmett, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home, Nampa, New Plymouth, Payette
Star and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grant View, Grasmere-Riddle (Century Telephone Company); Fruitland
and NuAcres (Farmers Mutual Telephone Company)
Gooding Gooding, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Hagerman
Jerome, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company);
Grace Grace, American Falls, Bancroft, Blackfoot, Downey, Idaho Falls, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremond Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Hagerman Hagerman, Bliss, Buhl, Castleford, Dietrich Eden-Hazelton, Gooding,
Jerome, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filers
Mutual Telephone Company)
Hailey Hailey and Ketchum
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 5
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Idaho City Idaho City, Boise, Caldwell, Emmett, Glenns Ferry, Kuna, Melba
Meridian, Middleton, Mountain Home, Nampa, New Plymouth, Payette
Star and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Ridd1e (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Fanners Mutual Telephone Company); Lowman
(Cambridge Telephone Company)
Idaho Falls Idaho Falls, American Falls, Bancroft, Blackfoot, Downey, Grace, Lava
Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexbw-g,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Jerome Jerome, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagennan, Kimberly, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Ketchum Ketchum and Hailey
Kimberly Kimberly, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagennan, Jerome, Murtaugh, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 6
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Kuna Kuna, Boise, Caldwell, Emmett, Glenns Feny, Idaho City, Melba
Meridian, Middleton, Mountain Home, Nampa, New Plymouth, Star
Payette, and Weiser;
Boise lliver, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Fanners Mutual Telephone Company)
Lava Hot Springs Lava Hot Springs, American Falls, Bancroft, Blackfoot, Downey, Grace
Idaho falls, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
McCammon McCammon, American Falls, Bancroft, Blackfoot, Downey, Grace
Idaho Falls, Lava Hot Springs, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and S1. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOllJENKE/211652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 7
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Meridian Meridian, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna
Melba, Middleton, Mountain Home, Nampa, New Plymouth, Payette
Star, and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Farmers Mutual Telephone Company)
Middleton Middleton, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna
Melba, Meridian, Mountain Home, Nampa, New Plymouth, Payette
Star, and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Farmers Mutual Telephone Company)
Montpelier Montpelier, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Pocatello, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Mountain Home Mountain Home, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City,
Kuna, Melba, Meridian, Middleton, Nampa, New Plymouth, Payette
Star and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Fruitland
and NuAcres (Farmers Mutual Telephone Company)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 8
SERVICE AREAS
4.2 List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Murtaugh Murtaugh, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagerman, Jerome, Kimberly, Shoshone, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Nampa Nampa, Boise, Caldwell, Emmett, Glenns ferry, Idaho City, Kuna
Melba, Meridian, Middleton, Star, Mountain Home, New Plymouth
Payette, and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend, Homedale, Parma, Sweet and Wilder (Citizens
Telephone Company); Fruitland and NuAcres (Farmers Mutual
Telephone Company)
New Plymouth New Plymouth, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City,
Kuna, Melba, Meridian, Middleton, Mountain Home, Nampa, Payette
Star and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Fruitland
and NuAcres (Farmers Mutual Telephone Company)
Payette Payette, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna
Melba, Meridian, Middleton, Mountain Home, Nampa, New Plymouth
Star, and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Fruitland
and NuAcres (Farmers Mutual Telephone Company); Ontario and
Oregon Slope, Oregon (Malheur Home Telephone Company);
Cambridge, Council, Cuprum, Indian Valley (Cambridge Telephone
Company); and Midvale (Midvale Telephone Company);
Issued: October 28 , 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO I/JENKEI2 1 1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 9
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Pocatello Pocatello, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Preston, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Preston Preston, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello, Rexburg,
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremond Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Rexburg Rexburg, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello, Preston
Rigby, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Issued: October 28, 2003Issued By: Mike Duke
. .
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 10
SERVICE AREAS
4.2 List of Exchange Areas and Local Calling Areas (Cont'd)
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Rigby Rigby, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello, Preston
Rexburg, Ririe, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Ririe Ririe, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho Falls
Lava Hot Springs, McCammon, Montpelier, Pocatello, Preston, Rexburg,
Rigby, Roberts, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Roberts Roberts, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello, Preston
Rexburg, Rigby, Ririe, Shelley and Soda Springs;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Shelley Shelley, American Falls, Bancroft, Blackfoot, Downey, Grace, Idaho
Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello, Preston
Rexburg, Rigby, Ririe, Roberts and Soda Springs;
Arco, Holbrooke, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Shoshone Shoshone, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagennan, Jerome, Kimberly, Murtaugh, Twin Falls and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Soda Springs Soda Springs, American Falls, Bancroft, Blackfoot, Downey, Grace
Idaho Falls, Lava Hot Springs, McCammon, Montpelier, Pocatello
Preston, Rexburg, Rigby, Ririe, Roberts and Shelley;
Arco, Holbrook, Howe, Mackay, Malad, and Moore (Albion Telephone
Company); Ashton, Island Park and St. Anthony (Fremont Telecom);
Paris (Lakeside Communications, Inc.); Arbon and Rockland (Rockland
Telephone Company); Irwin and Wayan (Silver Star Telephone
Company); Driggs (including Tetonia and Victor - Teton
Communications)
Star Star, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna, Melba
Meridian, Middleton, Mountain Home, Nampa, New Plymouth, Payette
and Weiser;
Boise River, Prairie, and Tipanuk (Rural Telephone Company); Bruneau
Grand View, Grasmere-Riddle (Century Telephone Company); Garden
Valley, Horseshoe Bend and Sweet (Citizens Telephone Company);
Fruitland and NuAcres (Fanners Mutual Telephone Company)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO IIJENKE/2 1 1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 4 - Original Page 12
SERVICE AREAS
List of Exchange Areas and Local Calling Areas (Cont'
EXCHANGE AREA
EXCHANGE AREAS INCLUDED IN
EXTENDED LOCAL CALLING AREA
Twin Falls Twin Falls, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagerman, Jerome, Kimberly, Murtaugh, Shoshone and Wendell;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Weiser Weiser, Boise, Caldwell, Emmett, Glenns Ferry, Idaho City, Kuna
Melba, Meridian, Middleton, Mountain Home, Nampa, New Plymouth
Payette and Star;
Boise River, Prairie, Tipanuk (Rural Telephone Company); Fruitland and
NuAcres (Farmers Mutual Telephone Company); Oregon Slope, Oregon
(Malheur Home Telephone Company); Cambridge, Council, Cuprum
Indian Valley (Cambridge Telephone Company); and Midvale (Midvale
Telephone Company)
Wendell Wendell, Bliss, Buhl, Castleford, Dietrich, Eden-Hazelton, Gooding,
Hagerman, Jerome, Kimberly, Murtaugh, Shoshone and Twin Falls;
Richfield (Century Telephone Company); Filer and Hollister (Filer
Mutual Telephone Company)
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOllJENKE1211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 5 - Original Page 1
5.1 General
LOCAL EXCHANGE SERVICE OFFERING
Local Exchange Service provides a Customer with a telephonic connection to, and a unique
telephone number address on the public switched telecommunications network. Each Local
Exchange Service enables users to:
(A)
(B)
(C)
(D)
(E)
(F)
receive calls from other stations on the public switched telecommunications network;
access other services offered by the Company as set forth in this tariff;
access certain interstate and international calling services provided by the Company;
access (at no additional charge) the Company s operators and business office for service
related assistance;
access (at no additional charge) emergency services by dialing 0- or 9-1; and
access services provided by other common carriers that purchase the Company
Switched Access services as provided under the Company s Federal and State tariffs, or
that maintain other types of traffic exchange arrangements with the Company.
Each Local Exchange Service is available on a "Full" service basis, whereby service is delivered
to a demarcation/connection block at the customer s premises.
The following Local Exchange Services are offered:
Primary Rate Interface (PRI) Service
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652,
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 5 - Original Page 2
LOCAL EXCHANGE SERVICE
5.2 Basic Line Service
Primary Rate Interface Service (PRI) provides an ISDN based, DS 1 access to the
telecommunications network and includes the flexibility of integration of multiple
voice and/or data transmission channels on the same line. The service will provide
connectivity between ISDN compatible CPE and a serving central office. The basic
channel structure for PRI Service is twenty-three 64 Kbps B-Channels and one 64
Kbps D-Channel. The customer has the option to activate up to 23 B-Channels on
the first PRI Service arrangement and up to 24 channels on additional PRI Service
arrangements. A Digital Data Only option and an Inward Data Option are also
available. The 23 B-Channels can be used to connect the customer s CPE to the
Public Circuit Switched Network, e., outward, inward and 2-way network access.
Calling Number Delivery, Called Number Delivery, and Hunting functionality are
inherent to this service. Telephone numbers for use on PRI Service are available.
One Primary Directory Listing will be furnished at no charge for each PRI service
Charnel. Additional listings can be obtained. PRI Service provides capability for
the transmission of digital signals only. Clear Channel Capability and Extended
Superframe Format are inherent to the service.
The following non-recurring and monthly recurring rates apply:
PRI Facility
Non-Recurring Charge
000
Monthly Recurring Charge
500
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 6 - Original Page 1
EXCHANGE ACCESS OPTIONAL FEATURES
6.1 Directory Listings
For each Customer of Company-provided Local Exchange Service(s), the Company shall arrange
for the listing of the Customer s main billing telephone number! in the directory(ies) published by
the dominant Local Exchange Carrier in the area at no charge.
For Customers with multiple premises served by the Company, the Company will arrange for a listing of the
main billing telephone number at each premise.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 7 - Original Page 1
LOCAL CALLING SERVICE
Description
Local Calling Service provides a Customer with the ability to originate calls from a Company-
provided access line to all other stations on the public switched telephone network2 bearing the
designation of any central office exchanges, areas, and zones included in the Customer s local
calling area.
1.1 Basic Local Exchange Service
This calling service allows the Customer unlimited access to all other stations on the
public switched telephone network within the customer s Basic Local Calling Area. All
calls to destinations outside the Basic Local Calling Area but within the same state and
LATA will be charged the IntraLA T A rates as specified in Section 9.3 following.
1.2 Expanded Local Exchange Service
This calling service allows the Customer limited access to all other stations on the public
switched telephone network within the Customer s Basic Local Calling Area. Additional
calls to the Basic Local Calling Area will be charged as specified in Section 7.1 (A)
following. All calls to the Expanded Local Calling Area will be charged a per call setup
and per minute access charge as specified in Section 7.2.1(B) following. All calls to
destinations outside the Expanded Local Calling Area but within the same state and
LATA will be charged the IntraLA T A rates as specified in Section 8.3 following.
Except calls to other telephone companies ' caller paid information services (e.g. NPA 900, NXX
976, etc.). Calls to those numbers and other numbers used for caller-paid infonnation services will be
blocked by the Company s centralized switching facility.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/211652.2
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 1
MISCELLANEOUS SERVICES
Operator Services
1.1 Description
Operator Handled Calling Services are provided to Customers and Users of Company-
provided Local Exchange Services, and to Customers and Users of exchange access lines.
1.2 Definitions
Person--Person Calls completed with the assistance of a Company operator to a
particular person, station, department, or PBX extension specified by the calling party.
Charges may be billed to the Customer s commercial credit card and/or LEC calling card
calling station, called station, or a designated third-party station. Calls may be dialed
with or without the assistance of a Company operator.
Station-to-Station: Refers to calls other than person-to-person calls billed to either the
end user s commercial credit card and/or nonproprietary calling card. Calls may be
dialed with or without the assistance of a Company operator. Collect calls to coin
telephones and transfers of charges to third telephones which are coin telephones will not
be accepted.
Operator Dialed Charge: The end user places the call without dialing the destination
number, although the capability to do it himself exists. The end user will dial "0" for
local calls and "00" for long distance calls and then request the operator to dial the called
station.
Billed to Non-Proprietary Callin!! Card: Refers to calls that are dialed by the customer in
accordance with standard dialing instructions and billed to a non-proprietary calling card
issued by another carrier.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 2
MISCELLANEOUS SERVICES
Operator Services (Cont'
1.3 Rates
Local exchange and IntraLATA calls may be placed on an Operator Assisted basis.
addition to these charges, the following operator-assisted charges will apply:
Per Call Charges
Person-to-Person (Operator Assisted)
Station-to-Station (Operator Assisted)
Collect
Sent Paid
Billed to Third Number
Operator Dialed Charge
(applies in addition to other
operator charges)
Billed to Non-Proprietary Calling Card
(additional surcharge)
Directory Assistance
Directory Assistance Call Completion
IntraLA T A InterLATA
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
Issued: October 28 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCO I/JENKE/2 1 1652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 3
MISCELLANEOUS SERVICES
Busy Line Verifv and Line Interrupt Service
2.1 Description
Upon request of a calling party the Company will verify a busy condition on a called line.
(A)The operator will determine if the line is clear or in use and report to the calling
party.
(B)The operator will interrupt the call on the called line only if the calling party
indicates an emergency and requests interruption.
2.2 Regulations
(A)A charge will apply when:
(1)
(2)
The operator verifies that the line is busy with a call in progress.
The operator verifies that the line is available for incoming calls.
(3)The operator verifies that the called number is busy with a call in
progress and the customer requests interruption. The operator will then
interrupt the call, advising the called party the name of the calling party.
One charge will apply for both verification and interruption.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652,
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 4
MISCELLANEOUS SERVICES
Busy Line Verify and Line Interrupt Service (Cont'd)
Regulations (Cont'd) .
(B)No charge will apply:
(1)When the calling party advises that the call is to or trom an official
public emergency agency.
(2)Under conditions other than those specified in 10.2(A) preceding.
(C)Busy Verification and Interrupt Service is furnished where and to the extent that
facilities permit.
(D)The Customer shall identify and hold the Company hannless against all claims
that may arise trom either party to the interrupted call or any person.
Rates
Busy Line Verify Service
(each request)
TBD
Busy Line Verify and Busy Line
Interrupt Service (each request)
TBD
Issued: October 28 , 2003Issued By: Mike Duke
Senior V ice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 5
MISCELLANEOUS SERVICES
Service Implementation
3.1 Description
Absent a promotional offering, service implementation charges will apply to new service
orders or to orders to change existing service.
Rates
Resold
Non-Recurring
On-Net
Non-Recurring
per service order $84.TBD
8.4 Restoration of Service
8.4.Description
A restoration charge applies to the re-establishment of service and facilities suspended
because ofnonpayrnent of bills and is payable at the time that the re-establishment of the
service and facilities suspended is arranged for. The restoration charge does not apply
when, after disconnection of service, service is later re-established.
8.4.Rates
Resold
Non-Recurring
On-Net
Non-Recurring
per occaSIOn $84.TBD
Issued: October 28 , 2003Issued By: Mike Duke
.,
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville GA 30043
Effective:
DCO IIJENKE/2 1 1652.
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 9 - Original Page 6
MISCELLANEOUS SERVICES
Charges for Connecting or Changing Service
Line Connection Charge
Applies per exchange access line or trunk
First Line
Additional Line (each)
Line Change Charge
Applies per exchange access line or trunk
First Line
Additional Line (each)
Secondary Service Charge
Applies per customer request
Each
Premises Work Charge
First IS-minute increment or fraction thereof
Per increment
Resold
Non-Recurring
On-Net
Non-Recurring
$84.
$84.
TBD
TBD
$8.
$8.
TBD
TBD
$8.TBD
$17.TBD
Each Additional 15-minute increment or fraction thereof
Per increment $9.TBD
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/211652.
Effective:
KMC TELECOM V, INC..Idaho Public Utilities Commission No.
Section 10 - Original Page 1
SPECIAL ARRANGEMENTS
9.1 Individual Case Basis (ICB) Arrangements
Arrangements will be developed on a case-by-case basis in response to a bona fide request from a
Customer or prospective Customer to develop a competitive bid for a service offered under this
tariff. Rates quoted in response to such competitive requests may be different than those
specified for such services in this tariff. ICB rates will be offered to the Customer in writing and
on a nondiscriminatory basis. All ICB rates are subject to Commission approval.
9.2 Temporary Promotional Programs
The Company may establish temporary promotional programs wherein it may waive or reduce
non-recurring or recurring charges, to introduce present or potential Customers to a service not
previously received by the Customers. All promotions are subject to Commission approval.
Issued: October 28, 2003Issued By: Mike Duke
Senior Vice President of Legal Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/211652.
DCOI/JENKE/211309.
EXHIBIT
PROPOSED INTEREXCHANGE TARIFF
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Preface - Original Title Page
KMC TELECOM V, INC.
REGULATIONS AND SCHEDULE OF INTRAST ATE
INTEREXCHANGE ACCESS CHARGES
APPLYING TO END-USER
TELECOMMUNICATIONS SERVICES WITHIN
THE STATE OF IDAHO
1545 Route 206
Suite 300
Bedminster, New Jersey 07921
[phone]
ILL US TRA TIVE
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO I/JENKE/2 1 21 96,
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Preface - Original Title Page 1
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS TARIFF ..........................................................................
TARIFF FORMAT......................................................................................................................................
APPLICATION OF TARIFF ...................................................................................................................... 4
DEFINITIONS ............................................................................................................................................
REGULATIONS .........................................................................................................................................
Undertaking of the Company
""""""""""""""""""""""""""""""""""""""""""""""
Prohibited Uses................................................................................................................ 12
Obligations of the Customer............................................................................................
2.4 Customer Equipment and Channels ................................................................................16-
Payment Arrangements ...................................................................................................
Allowances for Interruptions in Service.......................................................................... 23
Cancellation of Service ...................................................................................................
Transfers and Assignments ............................................................................................. 27
Notices and Communications..........................................................................................
Operator Services Rules ..................................................................................................
DESCRIPTION OF SERVICE ...................................................................................................................
Primary Rate Interface Service (PRI)................................................................................
RATES 1
4.1 Primary Rate Interface Service.....................
....... .................................... ............. .............
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.2
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Preface - Original Title Page 2
EXPLANATION OF SYMBOLS. REFERENCE
MARKS. AND ABBREVIATIONS OF TECHNICAL
TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate or regulation.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Preface - Original Title Page 3
TARIFF FORMAT
Sheet Numbering - Page numbers appear in the upper right corner of the sheet. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When a new
page is added between existing pages with whole numbers, a decimal is added. For example, a
new page added between pages 34 and 35 would be page 34.
Sheet Revision Numbering - Revision numbers also appear in the upper right corner of the
page. These numbers are used to detennine the most current page version on file with the
Commission. For example, 4th Revised Page 34 cancels the 3rd Revised Page 34. Consult the
check sheet for the page currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level:
1.1.
1. LA.
A.l.
(a).
A.l.(a).
A.l.(a).I.(i).
A.1.(a).I.(i).(1).D. Check Sheet - When a tariff is filed with the Commission, an updated check sheet
accompanies the tariff filing. The check sheet lists the tariff pages, with a cross reference to the current
revision number. When new sheets are added, the check sheet is changed to reflect the revision. All
revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on
this sheet if these are the only changes made. The tariff user should refer to the latest check sheet to find
out if a particular page is the most CUlTent on file with the Commission.
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom Y, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Preface - Original Title Page 4
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of
intrastate end-user telecommunications services by KMC Telecom V, Inc., hereinafter referred to as the
Company, to customers within the State of Idaho.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI212196.2
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 1 - Original Page I
DEFINITIONS
Certain tems used generally throughout this tariff are defined below.
Abbreviated Dialing: Penn its lines within a Customer s teminal group to place calls within the
group using I to 7 digits.
Account Codes: Pemits Centrex Stations and attendants to dial an account code number of up to
eight digits. For use when placing calls over facilities arranged for Automatic Message
Accounting (AMA) recording. The account or project number must be input prior to dialing the
called number.
Advance Payment:Part or all of a payment required before the start of service.
Automatic Callback Calling : Allows Customers to request an automatic callback upon receiving
a busy signal. Caller may signal for dial tone and dial a feature code or press a feature button to
request automatic callback facilities.
Automatic Number Identification (ANI): Allows the automatic transmission of a caller s billing
account telephone number to a local exchange company, interexchange carrier or a third party
subscriber. The primary purpose of ANI is to allow for billing of toll calls.
Bit:The smallest unit of infomation in the binary system of notation.
Caning Name Delivery: Allows customers to view the name and telephone number associated
with an incoming call before answering the phone.
Call Back/Camp On: Pemits a station line encountering an all-trunk-busy condition the option of
being notified when a trunk becomes idle.
Call Forwarding
Call Forwarding Station: Allows calls directed to a station line to be routed to a user defined line
inside or outside the customer s telephone system.
Call Forwarding System:Pemits caBs attempting to teminate to a busy station line to be re-
directed to a predetennined line inside or outside the customer s telephone system.
Call Forwarding Remote: This optional feature allows a user to activate/deactivate the CaB
Forwarding - All Calls feature or change the forwarded to telephone number from a remote
location.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKEI212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 1 - Original Page 2
DEFINITIONS
Call Forwarding Busy: Allows incoming calls to a busy station to be routed to a preselected
station line or attendant within the same system or outside the system. Intercom calls can be
arranged to be forwarded to a number different from DID calls.
Call Forwarding Don t Answer Allows incoming calls to be automatically routed to a
preselected station line or attendant in the same system or outside the system, when the called
station is not answered after a preset number of rings. Intercom calls can be arranged to be
forwarded to a number different from DID calls.
Call Forwarding Variable Limited: When this feature is activated by a station line user or the
attendant, incoming calls to the activated station line or attendant position will be automatically
routed to any other selected station line, within the same Centrex system, or to the attendant
position. The attendant may also activate this feature for a station line user.
Call Forwarding Variable Unlimited: The same as Call Forwarding Variable Limited except that
incoming calls may be automatically routed to a telephone number outside the Centrex system or
to station lines within the same Centrex system. The attendant may not activate this feature to a
telephone number outside the Centrex system for a station line use. Calls forwarded outside the
Centrex system are subject to the appropriate charges for local and toll messages.
Call Hold: Allows the user to hold one call for any length of time provided that neither party
goes on-hook.
Call Park:Allows a station line to park a call against its own line number. The parked call can
be retrieved from any station line by dialing a feature code and the line number against which the
call is parked.
Call Pickup : Allows a station line to answer incoming calls to another station line within a
defined call pickup group. Call pickup is provided on individual station lines within a customer
group.
Call Transfer: Allows a station line user to transfer any established call to another station line
inside or outside the customer group without the assistance of the attendant.
Call Waiting: Permits a line in the talking state to be alerted by a tone when another call is
attempting to complete to the line. Audible ringing is returned to the originating line. The
Service also provides a hold feature that is activated by a switchhook flash.
Commission: Idaho Public Utilities Commission.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 1 - Original Page 3
DEFINITIONS
Communication Services: The Company s intrastate toll and local exchange switched telephone
services offered for both intraLATA and interLATA use.
Company or KMC: KMC Telecom V, Inc., the issuer ofthis tariff.
Conference: Allows customers to add additional parties to a call.
Customer or Subscriber: The person, firm or corporation that orders service and is responsible
for the payment of charges and compliance with the Company s regulations.
Dial Pulse (or "DP": The pulse type employed by rotary dial station sets.
Dial 9 Access:Allows Customers to place calls outside their ClearStar Advantage system by
dialing an access code (usually 9).
Direct Inward Dial (or "DID": A service attribute that routes incoming calls directly to stations
by-passing a central answering point.
DID Trunk:A form of local switched access that provides the ability for an outside party to call
an internal extension directly without the intervention of the company operator.
Direct Outward Dial (or "DaD": A service attribute that allows individual station users to
access and dial outside numbers directly.
Do Not Disturb: Permits the attendant to cut off a single station line and selected groups of
station lines from receiving incoming and station-to-station calls.
DSX-1 Panel Distribution equipment used to terminate and administer DSI (1.544 Mbps)
circuits.
Dual Tone Multi-Frequency (or "DTMF": The pulse type employed by tone dial station sets.
Duplex Service: Service that provides for simultaneous transmission in both directions.
Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light
beam carrying communications signals may be transmitted by means of multiple internal
reflections to a receiver, which translates the message.
Hunting: Routes a call to an idle station line in a prearranged group when the called station line
is busy.
Issued: October 28, 2003 .Issued By: . Mike Duke" Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 1 - Original Page 4
DEFINITIONS
In-Only: A service attribute that restricts outward dial access and routes incoming calls to a
designated answer point.
Joint User: A person, firm or corporation that is designated by the Customer as a user of services
furnished to the Customer by KMC and to whom a portion of the charges for the service will be
billed under a joint user arrangement as specified herein.
Kbps : Kilobits per second, denotes thousands of bits per second.
Last Number Redial: Enables a station line user to redial the last called number by use of an
access code rather than dialing the entire number.
LATA: A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action
No. 82-0192; or any other geographic area designated as a LATA in the National Exchange
Carrier Association, Inc. TariffF.c.C. No.
Local Exchange Carrier or ("LEC": Denotes any individual, partnership, association, joint-stock
company, trust or corporation engaged in providing switched communication within an exchange.
Manual Exclusion:Restricts others from retrieving a put on hold or from breaking into a call.
Applicable to ISDN centrex type services. Ensures privacy is automatically invoked whenever a
customer picks up the phone to place or answer a call.
Mbps: Megabits, denotes millions of bits per second.
Message Waiting Indication:Provides a lighted indicator (usually on a telephone set) that
informs customer of a new message to be reviewed.
Multi-Frequency or ("MF": An inter-machine pulse-type used for signaling between telephoneswitches, or between telephone switches and PBXJkey systems.
Multi Site Abbreviated Dialing:Allows customers to use abbreviated dialing capabilities among
multiple locations.
Recurring Charges : The monthly charges to the Customer for services, facilities and equipment
that continue for the agreed upon duration of the service.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOl/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 1 - Original Page 5
DEFINITIONS
Service Commencement Date: The first day following the 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 that does not conform to standards set forth in the Service
Order or this tariff, in which case the Service Commencement Date is the date of the Customer
acceptance. The Company and Customer may mutually agree on a substitute Service
Commencement Date.
Service Order: The written request for Network 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 respective obligations of the parties as set
forth therein and pursuant to this tariff, but the duration of the service is calculated from the
Service Commencement Date.
Shared: A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Speed Calling: Permits a station line user to dial selected numbers by using fewer digits than
normally required. This is accomplished through the assignment of abbreviated codes to
frequently called numbers. The speed calling list is customer-changeable.
System:Allows shared use of speed calling list. A control station will add, change or delete
telephone numbers from the list for the group.
Station: Allows a station line user to add, change or delete telephone numbers from a speed
calling list. The list is dedicated to the individual station line user.
Three-Way Calling : Allows a station line user to add a third party to an existing conversation.
Two Way: A service attribute that includes outward dial capabilities for outbound calls and can
also be used to carry inbound calls to a central point for further processing.
Uniform Call Distribution: Automatically distributes incoming calls, in the order of their anival
to customer telephone lines that have been idle the longest.
User or End User: A Customer, Joint User, or any other person authorized by a Customer to use
service provided under this tariff.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO lIJENKE/212 1 96,
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 1
REGULA nONS
Undertaking of the Company
1.1 Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way telecommunications services between
points within the State of Idaho.
Customers and users may use services and facilities provided under this tariff to obtain
access to services offered by other service providers. The Company is responsible under
this tariff only for the services and facilities provided hereunder, and it assumes no
responsibility for any service provided by any other entity that purchases access to the
Company network in order to originate or terminate its own services, or to communicate
with its own customers.
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 2
REGULATIONS
Undertaking of the Company (Cont'd)
1.2 Shortage of Equipment or Facilities
(A)The Company reserves the right to limit or to allocate the use of existing
facilities, or of additional facilities offered by the Company, when necessary
because oflack of facilities, or due to some other cause beyond the Company
control.
(B)The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of the
Company s facilities as well as facilities the Company may obtain from other
carriers to furnish service from time to time as required at the sole discretion of
the Company.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196,
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
, Section 2 - Original Page 3
REGULA nONS
2.1 Undertaking of the Company (Cont'
1.3 Tenns and Conditions
(A)
(B)
(C)
Service is provided on the basis of a minimum period of at least one month, 24-
hours per day. For the purpose of computing charges in this tariff, a month is
considered to have 30 days.
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 tenns and conditions in this tariff.
Customers will also be required to execute any other documents as may be
reasonably requested by the Company.
At the expiration of the initial tenn specified in each Service Order, or in any
extension thereof, service shall continue on a month-to-month basis at the then
current rates unless terminated by either party upon 30 days' notice. Any
tennination shall not relieve the Customer of its obligation to pay any charges
incurred under the service order and this tariff prior to tennination. The rights
and obligations which by their nature extend beyond the tennination of the tenn
of the service order shall survive such tennination.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 4
2.1 Undertaking of the Company (Cont'
1.3 Terms and Conditions (Cont'
(D)Service may be terminated upon written notice to the Customer if:
(1)
(2)
the Customer is using the service in violation of this tariff; or
the Customer is using the service in violation of the law.
(E)This tariff shall be interpreted and governed by the laws of the State of Idaho
regardless of its choice of laws provision.
Issued: October 28, 2003Issued By: Mike Duke.~ Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.2
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 5
2.1
REGULATIONS
Undertaking of the Company (Cont'
2.1.4 Liability of the Company
(A)
(B)
The liability of the Company for damages arising out ofthe 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 arising out
of the failure to furnish the service, whether caused by acts or omission, shall be
limited to the extension of allowances for interruption as set forth in 2.6. The
extension of such allowances for interruption shall be the sole remedy of the
Customer and the sole liability of the Company. The Company will not be liable
for any direct, indirect, incidental, special, consequential, exemplary or punitive
damages to Customer as a result of any Company service, equipment or facilities
or the acts or omissions or negligence of the Company s employees or agents.
The Company shall not be liable for any delay or failure of performance 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 Government, or of any other
government, including state and local governments having or claiming
jurisdiction over the Company, or of any department, agency, commission
bureau, corporation, or other instrumentality of anyone or more of these federal
state, or local governments, or of any civil or military authority; national
emergencies; insurrections; riots; wars; unavailability of rights-of-way or
materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 6
REGULA nONS
Undertaking of the Company (Cont'd)
1.4 Liability of the Company (Cont'd)
(C)The Company does not guarantee nor make any warranty with respect to
installations it provides for use in an explosive atmosphere. The Customer
indemnities and holds the Company harmless from any and all loss, claims
demands, suits, or other action, or any liability whatsoever, whether suffered
made, instituted, or asserted by any other party or person(s), and for any loss
damage, or destruction 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.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 7
REGULATIONS
Undertaking of the Company (Cont'
1.4 Liability ofthe Company (Cont'd)
(D)
(E)
(F)
(G)
(H)
The Company is not liable for any defacement of or damage to Customer
premises resulting from the furnishing of services or equipment on such premises
or the installation or removal thereof, unless such defacement or damage is
caused by negligence or willful misconduct of the Company s agents or
employees.
The Company shall be indemnified, defended and held harmless 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 communications.
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 giving rise to the claim. No action or
proceeding against the Company shall be commenced after the expiration of the
applicable statute of limitations.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court oflaw. 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: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/212196,
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 8
REGULA nONS
2.1 Undertaking of the Company (Cont'd)
Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include
but are not limited to, equipment or facilities additions, removals or rearrangements and
routine preventative maintenance. Generally, such activities are not specific to an
individual Customer but affect many Customers' services. No specific advance
notification period is applicable to all service activities. The Company will work
cooperatively with the Customer to determine the reasonable notification requirements.
With some emergency or unplanned service-affecting conditions, such as an outage
resulting from cable damage, notification to the Customer may not be possible.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 9
REGULA nONS
2.1 Undertaking of the Company (Cont'
1.6 Provision of Equipment and Facilities
(A)
(B)
(C)
(D)
The Company shall use reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this tariff. The
Company does not guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company, except upon the written consent of the Company.
The Company may substitute, change or rearrange any equipment or facility at
any time and trom time to time, but shall not thereby alter the technical
parameters of the service provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any
purpose other than that for which it was provided by the Company.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKEI212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 10
REGULA nONS
2.1 Undertaking of the Company (Cont'
1.6 Provision of Equipment and Facilities (Cont'd)
(E)The Customer shall be responsible for the payment of service charges as set forth
herein for visits by the Company s agents or employees to the Premises of the
Customer when the service difficulty or trouble report results from the use of
equipment or facilities provided by any party other than the Company, including
but not limited to the Customer.
(F)The Company shall not be responsible for the installation, operation, or
maintenance of any Customer-provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this tariff and to the maintenance and operation of such facilities.
Subject to this responsibility, the Company shall not be responsible for:
(1)the transmission of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission; or
(2)the reception of signals by Customer-provided equipment.
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOllJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page
REGULATIONS
2.1 Undertaking ofthe Company (Cont'
1.7 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this
tariff, special construction of facilities may be undertaken on a reasonable efforts basis at
the request of the Customer. Special construction is that construction undertaken:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
1.8
where facilities are not presently available, and there is no other requirement for
the facilities so constructed;
of a type other than that which the Company would nomally utilize in the
furnishing of its services;
over a route other than that which the Company would nomally utilize in the
furnishing of its services;
in a quantity greater than that which the Company would nomally construct;
on an expedited basis;
on a temporary basis until pemanent facilities are available;
involving abnomal costs; or
in advance of its nomal construction.
Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
agents or contractors.
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 12
REGULATIONS
Prohibited Uses
(A)
(B)
(C)
(D)
The services the Company offers shall not be used for any unlawful purpose or for any
use as to which the Customer has not obtained all required governmental approvals
authorizations, licenses, consents and permits.
The Company may require applicants for service who intend to use the Company
offerings for resale and/or for shared use to file a letter with the Company confirming that
their use of the Company s offerings complies with relevant laws and Idaho Public
Utilities Commission regulations, policies, orders, and decisions.
The Company may require a Customer to immediately shut down its transmission of
signals if said transmission is causing interference to others.
A customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to
another entity if the existing Customer has paid all charges owed to the Company for
regulated communications services. Such a transfer will be treated as a disconnection of
existing service and installation of new service, and non-recurring installation charges as
stated in this tariff will apply.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 13
REGULATIONS
Obligations of the Customer
2.3.1 General
The Customer shall be responsible for:
(A)
(B)
the payment of all applicable charges pursuant to this tariff;
damage to or loss of the Company s facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
(C)providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment space and power to operate Company facilities and
equipment installed on the premises ofthe Customer, and the level of heating and
air conditioning necessary to maintain the proper operating environment on such
premIses;
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 14
REGULA nONS
2.3 Obligations of the Customer (Cont'd)
3.1 General (Cont'd)
(D)
(E)
obtaining, maintaining, and otherwise having full responsibility for all rights-of-
way and conduits necessary for installation of fiber optic cable and associated
equipment used to provide Communication Services to the Customer from the
cable building entrance or property line to the location of the equipment space
described in 2.1(C). Any and all costs associated with obtaining and
maintaining the rights-of-way described herein, including the costs of altering the
structure to pennit installation of the Company-provided facilities, shall be borne
entirely by, or may be charged by the Company to, the Customer. The Company
may require the Customer to demonstrate its compliance with this section prior to
accepting an order for service;
providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees
and agents shall be installing or maintaining the Company s facilities and
equipment. The Customer may be required to install and maintain Company
facilities and equipment within a hazardous area if, in the Company s opinion
injury or damage to the Company 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
(e.g. friable asbestos) prior to any construction or installation work;
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOIlJENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Conunission No.
Section 2 - Original Page 15
REGULA nONS
Obligations of the Customer (Cont'd)
3.1 General (Cont'
(F)
(G)
(H)
complying with all laws and regulations applicable to, and obtaining all consents
approvals, licenses and pennits as may be required with respect to, the location
of Company facilities and equipment in any Customer premises or the rights-of-
way for which Customer is responsible under Section 2.3.1(D); and granting or
obtaining pennission for Company agents or employees to enter the premises of
the Customer at any time for the purpose of installing, inspecting, maintaining,
repairing, or upon termination of service as stated herein, removing the facilities
or equipment of the Company;
not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and
making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No
allowance will be made for the period during which service is intelTUpted for
such purposes.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKEI212196.2
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 16
REGULA TrONS
2.4 Customer Equipment and Channels
2.4.General
A User may transmit or receive information or signals via the facilities of the Company.
The Company s services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in this tariff. A User may transmit any
form of signal that is compatible with the Company s equipment, but the Company does
not guarantee that its services will be suitable for purposes other than voice-grade
telephonic communication except as specifically stated in this tariff.
2.4.2 Station Equipment
(A)Terminal equipment on the User s Premises and the electric power consumed by
such equipment shall be provided by and maintained at the expense ofthe User.
The User is responsible for the provision of wiring or cable to connect its
terminal equipment to the Company Point of Connection.
(B)The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and
currents impressed on Company-provided equipment and wiring by the
connection, operation, or maintenance of such equipment and wiring shall be
such as not to cause damage to the Company-provided equipment and wiring or
injury to the Company s employees or to other persons. Any additional
protective equipment required to prevent such damage or injury shall be provided
by the Company at the Customer s expense.
Issued: October 28, 2003Issued By: Mike Duke. ~ Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 17
REGULATIONS
2.4 Customer Equipment and Channels (Cont'd)
2.4.Interconnection of Facilities
(A)
(B)
(C)
(D)
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communication
Services and the channels, facilities, or equipment of others shall be provided at
the Customer s expense.
Communication Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the
terms and conditions of the tariffs of the other communications carriers that are
applicable to such connections.
Facilities furnished under this tariff may be connected to Customer-provided
terminal equipment in accordance with the provisions of this tariff. All such
terminal equipment shall be registered by the Federal Communications
Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all
User-provided wiring shall be installed and maintained in compliance with those
regulations.
Users may interconnect communications facilities that are used in whole or in
part for interstate communications to services provided under this tariff only to
the extent that the user is an is "End User" as defined in Section 69.2(m), Title
, Code of Federal Regulations (1992 edition).
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 18
2.4
REGULA nONS
Customer Equipment and Channels (Cont'd)
2.4.4 Inspections
(A)
(B)
Upon suitable 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 Section
2.4.2(B) for the installation, operation, and maintenance of Customer-provided
facilities, equipment, and wiring in the connection of Customer-provided
facilities and equipment to Company-owned facilities and equipment.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to
protect its facilities, equipment, and personnel. The Company will notify the
Customer promptly if there is any need for further colTective action. Within ten
days of receiving this notice, the Customer must take this colTective action and
notify the Company of the action taken. If the Customer fails to do this, the
Company may take whatever additional action is deemed necessary, including
the suspension of service, to protect its facilities, equipment and personnel from
harm.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V , Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 19
REGULATIONS
Payment Arrangements
5.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Users authorized by the Customer
regardless of whether those services are used by the Customer itself or are resold to or
shared with other persons.
5.2 Billing and Collection of Charges
(A)Non-recurring charges are due and payable from the customer within 30 days
after the invoice date, unless otherwise agreed to in advance.
(B)The Company shall present invoices for Recurring Charges monthly to the
Customer, in advance of the month in which service is provided, and Recurring
Charges shall be due and payable within 30 days after the invoice date. When
billing is based on customer usage, charges will be billed monthly for the
preceding billing periods.
(C)When service does not begin on the first day of the month, or end on the last day
of the month, the charge for the fraction of the month in which service was
furnished will be calculated on a pro rata basis. For this purpose, every month is
considered to have 30 days.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 20
REGULATIONS
Payment Arrangements (Cont'
Billing and Collection of Charges (Cont'd)
(D)
(E)
(F)
Billing of the Customer by the Company will begin on the Service
Commencement Date, which is the fIrst day following the date on which the
Company notifies the Customer that the service or facility is available for use
except that the Service Commencement Date may be postponed by mutual
agreement of the parties, or if the service or facility does not conform to
standards set forth in this tariff or the Service Order. Billing accrues through and
includes the day that the service, circuit, arrangement or component is
discontinued.
The Customer will be assessed a charge consistent with applicable state law for
each check submitted by the Customer to the Company that a financial institution
refused to honor.
If service is disconnected by the Company in accordance with section 2.5.5
following and later restored, restoration of service will be subject to all
applicable installation charges
Advance Payments
5.4
Company will not seek advanced payments from its customers.
Discontinuance of Service
(A)The Company may deny or terminate service(s) to a Customer without prior
notice for one or more of the following reasons:
(i)When a condition immediately dangerous or hazardous to life
physical safety, or property exists, or it is necessary to prevent a
violation of federal, state or local safety or health codes;
(ii)Company is ordered to terminate service by a court, the
Commission or any other duly authorized public authority;
( iii)Company service(s) was obtained, diverted or used without
authorization or knowledge of the telephone company;
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.2
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 21
Payment Arrangements (Cont'd)
5.4
REGULATIONS
Discontinuance of Service (Cont' d)
(iv)
(v)
(B)
Company has tried to meet the disconnection notification
procedures address in Section 2.5 (C), IDAPA 31.41.01.304
but has been unsuccessful it its attempt to contact the Customer.
Customer has misrepresented the Customer s identity for
purposes of obtaining telephone service and has no or an
inadequate security deposit on filing with the Company and has
an outstanding bill exceeding one hundred ($100) dollars.
The Company may deny or tenninate service(s) to a Customer, without the
Customer s permission, after adequate notice, as described in Section 2.(C),
below, for one or more of the following reasons:
(i)
(ii)
( iii)
(iv)
(v)
(vi)
(C)
Customer did not pay undisputed delinquent bills for local
exchange services or paid a delinquent bill with a dishonored
check;
Customer failed to make a deposit when required;
Customer failed to abide by the tenns of a payment arrangement;
Customer misrepresented the Customer s identity for purposes of
obtaining telephone service from the Company;
Company detennines that the Customer is wasting or interfering
with service through improper equipment or otherwise; or
The use of Company service(s) for which the user did not apply.
Company will provide written notice of tennination at least seven (7) calendar
days before proposed termination and will attempt to contact the affected
Customer at least twenty-four (24) hours before actual tennination.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 22
REGULA nONS
Payment Arrangements (Cont'
Cancellation of Application for Service
(A)
(B)
(C)
(D)
If a Customer wishes to leave the Company or cancel its order, it may do so with
or without the Company s agreement to do so. If a Customer cancels an
application for service prior to any special construction, no charges will be
imposed except for those specified below.
Where, prior to cancellation by the Customer, the Company incurs any expenses
in installing the service or in preparing to install the service that it otherwise
would not have incurred, a charge equal to the costs incurred by the Company,
shall apply, but in no case shall this charge exceed the sum of the charge for the
minimum period of services ordered, including installation charges, and all
charges others levy against the Company that would have been chargeable to the
Customer had service commenced.
Where the Company incurs any expense in connection with special construction
or where special arrangements of facilities or equipment have begun, before the
Company receives a cancellation notice, a charge equal to the costs incurred by
the Company applies. In such cases, the charge will be based on such elements
as the cost of equipment, facilities, and material, the cost of installation
engineering, labor, and supervision expenses or other quantifiable disbursements
made on behalf ofthe Customer.
The special charges described in 2.6(A) through 2.6(C) will be calculated and
applied on a case-by-case basis.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 23
REGULATIONS
Payment Arrangements (Cont'd)
Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, service parameters, premises locations, or otherwise materially modifies
any provision of the application for service, the Customer s installation fee shall be
adjusted accordingly.
Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the
provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.1 for
the part of the service that the interruption affects.
6.1 Credit for Interruptions
(A)A credit allowance will be made when an interruption occurs because of a failure
of any component furnished by the Company under this tariff. An interruption
period begins when the Customer reports a service, facility or circuit to be
interrupted and releases it for testing and repair. An interruption period ends
when the service, facility or circuit is operative. If the Customer reports a
service, facility or circuit to be inoperative but declines to release it for testing
and repair, it is considered to be impaired, but not interrupted.
Issued: October 28, 2003Issued By: MIke Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 24
REGULA nONS
Allowances for Interruptions in Service (Cont'
Credit for Interruptions (Cont'd)
(B)
(C)
(D)
(E)
Company will adopt and pursue a maintenance program aimed at achieving
efficient operation of its systems to render safe, adequate and uninterrupted
service. These programs must include guidelines for keeping all plant and
equipment in good repair, including the following:
(i)Broken, damaged or deteriorated equipment must be promptly
repaired or replaced; and
(ii)Transmission problems (including induction, cross-talk, or other
poor transmission on any line) must be promptly corrected when
located or identified.
If Customer s local telephone service quality deteriorates to such an extent that
Customer cannot make local calls or cannot receive local calls or cannot use the
service for voice grade communication because of cross-talk, static or other
transmission problem, Company will respond to Customer s report of such a
service outage" in accordance with IPUC Rule 503. Customer s bills will be
appropriately and automatically credited pursuant to the terms ofIPUC Rule 503.
Company will provide for the receipt of Customer trouble reports at all hours and
make a full and prompt investigation of and response to all reports. Company
will maintain an accurate record of trouble reports made by Customers. This
record shall include accurate identification of the customer or service affected
the time, date and nature of the report, the action taken to clear the trouble or
satisfy the Customer, and the date and time of trouble clearance or other
disposition. This record shall be available to the Commission or its authorized
representatives upon request at any time within two (2) years of the date ofthe
record.
Company will make every reasonable attempt to fulfill repair commitments to
customers. Customers shall be timely notified of unavoidable changes. Failure
to meet a repair commitment will not fully relieve Company of the credit
provisions in IPUC Rule 503.unless the customer fails to keep an
appointment the Customer agreed to when the original commitment as made.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 25
REGULA nONS
Allowances for Interruptions in Service (Cont'
Credit for Interruptions (Cont'd)
(F)
(G)
(H)
When Company is infonned by a customer of a service outage, Company will:
(i)Restore service within sixteen (16) hours after the report of the
outage if the Customer notifies Company that the service outage
creates an emergency for the Customer; or
(ii)Restore service within twenty-four (24) hours after the report of
the outage if no emergency exists, except that outages reported
between noon on Saturday and 6:00 p.m. on the following
Sunday must be restored within forty-eight (48) hours or by 6:00
m. on the following Monday, whichever is sooner. If
Company does not restore service within the times required by
this subsection the telephone company must credit the
customer s account for an amount equal to the monthly rate for
one (1) month of basic local exchange service.
Following disruption of telephone service caused by natural disaster or other
causes not within Company s control and affecting large groups of customers, or
in conditions where the personal safety of an employee would be jeopardized
Company is not required to provide Customer credit as long as it uses reasonable
judgment and diligence to restore service, giving due regard for the needs of
various customers and the requirements of the telecommunications service
priority (TSP) program ordered in FCC Docket 88-341 (47 c.F.R. Part 64
Appendix A). When a Customer causes the customer s own service outage or
does not make a reasonable effort to arrange a repair visit within the service
restoration deadline, or when the Company detennines that the outage is
attributable to the customer s own equipment or inside wire, the Company is not
required to provide to that Customer Credit.
Each month at least ninety percent (90%) of out-of-service trouble reports shall
be cleared in accordance with IPUC Rule Subsections 503.01 and 503.02. The
Company shall keep a monthly service record as described in Subsection 502.
and shall notify the Commission whenever the record indicates the ninety percent
(90%) level has not been met for a period of three (3) consecutive months.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOI/JENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 26
REGULA nONS
Cancellation of Service
If a Customer cancels a Service Order or terminates services before the completion of the
term for any reason whatsoever other than a service interruption (as defined in Section
1 in accordance with IDAP A 31.41.01.501-503 above), the Customer agrees to pay to
the Company termination liability charges, as defined below. These charges shall
become due and owing as of the effective date of the cancellation or termination and be
payable within the period, set forth in Section 2.5.2.
7.2 The Customer s termination liability for cancellation of service shall be equal to:
(A)all unpaid Non-Recurring charges reasonably expended by the Company to
establish service to the Customer; plus
(B)any disconnection, early cancellation or termination charges reasonably incuITed
and paid to third parties by the Company on behalf of the Customer. Such
documentation will be provided to the customer in the final billing.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 27
REGULA nONS
Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in
connection with the services and facilities provided by the Company without the written
consent of the other party, except that the Company may assign its rights and duties:
(A)
(B)
to any subsidiary, parent company or affiliate of the Company; or
pursuant to any sale or transfer of substantially all the assets of the Company; or
(C)pursuant to any financing, merger or reorganization of the Company.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCO I/JENKEI2l 2 I 96,
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 28
REGULA nONS
Notices and Communications
9.1
9.4
The Customer shall designate on the Service Order an address to which the Company
shall mail or deliver all notices and other communications, except that the Customer may
also designate a separate address to which the Company s bills for service shall be
mailed.
The Company shall designate on the Service Order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may
designate a separate address on each bill for service to which the Customer shall mail
payment on that bill.
All notices or other communications required to be given pursuant to this tariff will be in
writing. Notices and other communications of either party, and all bills mailed by the
Company, shall be presumed to have been delivered to the other party on the third
business day following placement of the notice, communication or bill with the U.S. Mail
or a private delivery service, prepaid and properly addressed, or when actually received
or refused by the addressee, whichever occurs first.
The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
Issued: October 28, 2003Issued By: Mike Duke.. Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
DCOllJENKE/212196.
Effective:
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 29
REGULA nONS
2.10 Operator Services Rules
10.1 The Company will enforce the following operator service rules.
A provider of intrastate operator assisted communications services must:
(1)
(2)
identify itself at the time the end-user accesses its services;
upon request, quote all rates and charges for its services to the end-user accessing
its system;
(3)aITange to have posted in plain view at each telephone location which
automatically accesses the operator service provider s network and where its
services are made available to the public or transient end-users:
(a)the operator service provider s name and address;
(b)bill and service dispute calling information including the operator service
provider s dispute resolution phone number;
(c)clear and specific instructions informing the end-user how to access a
local exchange telephone company operator as an alternative available to
the end-user; and
(d)notice concerning any and all amounts to be billed by the operator
services provider on behalf of any host location or third party that will
appear on the operator service provider s bill for services rendered.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOIlJENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 2 - Original Page 30
REGULATIONS
2.11 Operator Services Rules (Cont'
(A)(Cont'd)
(4)in instances when the provider is unable to complete the call and it requires
transfer to another telephone corporation that may affect the rates and charges
applicable to the telephone bill, inform the caller of the transfer and its possible
effect on the applicable rates and charges, before any charges are incurred; and
(5)in the case of such transfer, the telephone corporation or provider to which the
call is transferred shall identify itself and inform the caller ofthe transfer s effect
on the applicable rates and charges, before any charges are incurred.
(B)The Company will comply with the following provisions:
(1)Providers of intrastate operator assisted communications services shall not take
any, action or enter into any arrangement that restricts end-user selection among
competing interexchange telephone corporations or end-users access to
competing providers of intrastate operator assisted communications services, or
pay any commissions or other compensation to any entity engaged in such action
or arrangement.
Issued: October 28 , 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 3 - Original Page 1
DESCRIPTION OF SERVICE
Primary Rate Interface Service (PRI)
Primary Rate Interface Service (PR!) provides an ISDN based, DS 1 access to the
telecommunications network and includes the flexibility of integration of multiple voice and/or
data transmission channels on the same line. The service will provide connectivity between ISDN
compatible CPE and a serving central office. The basic channel structure for PRI Service is
twenty-three 64 Kbps B-Channels and one 64 Kbps D-Channel. The customer has the option to
activate up to 23 B-Channels on the first PRI Service arrangement and up to 24 channels on
additional PRI Service arrangements. A Digital Data Only option and an Inward Data Option are
also available. The 23 B-Channels can be used to connect the customer s CPE to the Public
Circuit Switched Network, e., outward, inward and 2-way network access. Calling Number
Delivery, Called Number Delivery, and Hunting functionality are inherent to this service"
Telephone numbers for use on PRI Service are available. One Primary Directory Listing will be
furnished at no charge for each PRI service B-Charnel. Additional listings can be obtained. PRI
Service provides capability for the transmission of digital signals only. Clear Channel Capability
and Extended Superframe Fonnat are inherent to the service.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKE/212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 4 - Original Page 1
RATES
Primary Rate Interface Service
1.1 The following non-recurring and monthly recurring rates apply:
Non-Recurring Charge Monthly Recurring Charge
. PRI Facility 000 500
RATES
Exemptions and Special Rates
4.2.Discounts for Hearing Impaired Customers
A telephone toll message which is communicated using a telecommunications device for
the deaf (TDD) by properly certified hearing or speech impaired persons or properly
certified business establishments or individuals equipped with TDDs for communicating
with hearing or speech impaired persons will receive, upon request, credit on charges for
certain intrastate toll calls placed between TDDs. The credit to be given on a subsequent
bill for such calls placed between TDDs will be equal to applying the evening rate during
business day hours and the night/weekend rate during the evening rate period. Discounts
do not apply to surcharges or per call add on charges for operator service when the call is
placed by a method that would normally incur the surcharge.
Directory Assistance for Handicapped Persons
There is no charge for Directory Assistance for the first 50 calls in a monthly billing
period from handicapped persons. Such persons must contact the Company for credit on
their directory assistance calls.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI212196.
KMC TELECOM V, INC.Idaho Public Utilities Commission No.
Section 4 - Original Page 2
RATES
Exemptions and Special Rates (Cont'd)
Discounts for Telecommunications Relay Service
For intrastate toll calls received from the telecommunications relay service, there will be
a 50 percent discount off the applicable rate for a voice non relay call except that where
either the calling or called party indicates that either party is both hearing and visually
impaired, the call will be discounted 60 percent off the applicable rate for a voice non
relay call. The above discounts apply only to time-sensitive elements of a charge for the
call and shall not apply to per call charges such as a credit card surcharge.
Issued: October 28, 2003Issued By: Mike Duke
Director, Government Affairs
KMC Telecom V, Inc.
1755 North Brown Road
Lawrenceville, GA 30043
Effective:
DCOI/JENKEI212196.