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HomeMy WebLinkAbout20160720REVISED Application.pdf''&Rr*d , ;, i.I:CEIVED i;1-20 Al'l 9:h0 . :i,l-,,..ju:., ,.l(.ltnil;. i',lU J i\r, t July 13,2016 Jean Jewell Commission Secretary ldaho Public Utilities Commission 472 West Washington Boise, ldaho 83720 ne"'nno{RE: LocalAccess, LLC - CLEC Application To Whom lt May Concern, LA t- -T- ls -Dl Attached please find Local Access, LLC's application for Certificate as a Competitive Local Exchange Carrier within the State of ldaho. Please acknowledge receipt via return email. lf you have any questions or if you need additional information, please Iet me know. Thanks you for your attention to this matter. Respectfu I ly Su bm itted, Twila Whitley RTC Associates, LLC Consultant for Local Access, LLC 3075 Breckinridge Boulevard, Suite 425, Duluth, GA. 30096 844-216-0051 | 888-31 5-4278 | www.rtc-associates.com cc: Robert Russell ,.IC:I\/ED BEFORE THE PUBLIC UTILITIES COMMISSION OF IDAHO ;" ri .. r-i'- 2 i] Al{ -c: 1, 9 IN THE MATTER OF THE APPLICATION OF . , .,1, ,,!t,13,",, LOCAL ACCESS LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE FACILITIES BASED AND RESOLD LOCAL EXCHANGE AND ACCESS TELECOMMUNIATIONS SERVICES IN THE STATE OF IDAHO DocKE No. LA L-T-15'Dl I. PROPOSED SERVICE Local Access LLC is a facilities based CLEC currently operating in California, Delaware, Florida, Georgia, Massachusetts, Maryland, New Jersey, New York, Texas, Virginia, and Washington DC and is proposing to offer the same service in Idatro. Local Access provides wholesale facilities based local access services to other CLECs and VOIP carriers. FORM OF BUSINESS a. Local Access is a Florida Limited Liability Company located at 11442 Lake Butler Boulevard WindermereFL 34786. I list of the owners and managers is listed as Exhibit A. b. Local Access has a certificate of authority to operate in Idaho which is attached as Exhibit B. c. The registered agent for Local Access is the following: Incorp Service Inc. 1524 S Vista Ave Suite 12 Boise ID 83705 TELECOMMUNICATIONS SERVICE II. m. IV. a. Local Access LLC will begin operations once it has been approved by the Public Utilities Commission. Since Local Access is facilities based, there will be some lag time between the certification date and when Local Access can first provision services. b. Local Access LLC is a wholesale provider of telecommunications services to other certified CLECs and to VOIP providers. Local Access does not intend to provide retail telecommunications services to the public. SERVICE TERRITORY Local Access requests that its service territory be the same as the service territory of Centurylink/Qwest in the non-rural rate centers. Local Access will use a combination of its own facilities and the facilities of other cariers to provision its wholesale telecommunications services. Local Access will compete with other telecommunications providers providing wholesale access services in Idaho. Its services allow for other cariers to provide affordable telecommunications services to customers within the state of Idaho. Local Access does not currently own any equipment within the state of Idatro and will make the decision on equipment depending on the concentration of customers within the service area. FINANCIAL INFORMATION a. Local Access provides as Exhibit C its detailed income statement and balance sheet for the previous l2 months. TARIFF FILING b. c. d. v. VI. Local Access provides as Exhibit D a copy of its tariff. VU. INTERCONNECTION AGREEMENTS Local Access LLC has not yet begun the process of obtaining and interconnection agreement with CenturyLink/Qwest and will do so upon approval of the Public Utilities Commission. VIII. CUSTOMERCONTACTS All customer service inquiries should be sent to the following: Customer Service 11442 Lake Butler Boulevard Windermere FL 34786 866-841-7898 The contact for Commission Staffis the following: Kenny Perkins RTC Associates LLC 3075 Breckinridge Blvd Suite 425 Duluth GA 30096 Phone 678-436-5590 Email : kperkins @rtcteam.net COMPLIAI{CE WITH COMMISSION RULES Local Access LLC has reviewed all of the Commission rules and agrees to comply with them and is not requesting a waiver from any of the rules at this time. ESCROW ACCOUNT OR SECURITY DEPOSITx. xI. Local Access LLC does not intend to provide retail telecommunications to the public and will only provide wholesale access services to other telecommunications carriers. Since the company is not providing services to the retail public, an Escrow Account or Security Bond is not needed. Local Access does in some cases require its wholesale customers to have a deposit on file, but that is decision is made on a case by case basis based off the credit worthiness of the customer, but requiring a deposit is not a general practice that Local Access engages in. CONCLUSION Local Access possess the technical and managerial ability and the necessary financial resources to provide competitive local exchange telecommunications services that will serve the public interest, convenience and necessity by providing other carriers the ability to provide telecommunications services within the state of Idatro giving customers more choice in their telecommunications service provider. WHEREFORE, Local Access LLC respectfully requests that the Commission issue an order approving this Application issuing a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services to provide Services in the Proposed Service Area Dated this the th day of July,2016 Respectfrrlly Submitted, /s/ Kenny Perkins Kenny Perkins 3075 Breckinridge Blvd Suite 425 Duluth GA 30096 Phone: 678-436-5590 Email : kperkins@rtcteam.net EXHIBIT A OWNERSHIP INFORMATION AND MANAGERS OWNERSHIP LIST and Officer Titles Robert Russell - President/Owner Neil Rosenblit - CEO/Owner Jim Finneran - COO/Owner EXHIBIT B CERTIFICATE OF AUTHORITY 7t12!2016 IDSOS CERTIFICATE OF EXISTENCE Office of the Secretary of State CERTIF'ICATE OF EXISTENCE OF LOCAL ACCESS LLC File Number W-I56445 I, LAWERENCE DENNEI Secretary of State of the State of Idaho, hereby certif,i that I am the custodian of the limited liability company records of this State. I FURTHER CERTIFY That the records of this office show that the above-named limited liability company was organized under the laws of FLORIDA and filed for authorization to transact business in Idaho on 912U2015. I FURTHER CERTIFY That the limited liability company's certificate of authority has not been canceled. Dated: 7 / 12/2016 10:43 AM dh / SECRETARY OF STATE Authentic Access Idaho Document ( htto://www.accessidaho.org/oublic/portal/authenticate.html ) Tag: b5ae5f5ff8d740874b9d5lac5877c04d2d44ab752a{1b7438b7fid43954b'1ade449a2dae04ae74b3 State of ldaho https ://www.access i datn.org/securdso6/corCcert.htm I 111 Ordlnary lncomelExpenae lncome lncomo lnterost lncoflro Garrler Servlce8 Clrcult Salea OID Sorvlco! Total Carrler Servlcog Total Telecommunlcatlone Servlces Total lncome Expenee Bank Servlce Gharges CLEC State Expense CLEC State Fees lnaurancc Expenoe Nelwork Exponso Profeaelonal Fees Profesrlonal Servlcca Concultlng Servlces Logal Fees Profecslonal Servlceg . Other Total Profcarlonal Sawlcr! Slate Certlflcatlon Feea Telephone Exponlo Total Exponro Not Ordlnary lncome Not lncorne Local Access LLC Profit & Loss January through December 2014 Jan . Dec 14 - 918,008.28 10.18 't3,3't4.00 250.00 - 13,564.00 - 13,564.00 931,582.46 1.215.32 -800.fi) 2,185.00 11,341.07 3,607.20 757,207.69 46,504.53 120,142.13 28,677.95 - 195,324.61 250.00 9,583.26 - 979,914.15 - -48,331.69 :?55r.6tr Pege 1 of 1 11:28 Aii 10r20fl5 Cash Basle Local Access LLG Balance Sheet As of December 31, 2014 Dec 31, 14 ASSETS Cunent Assots ChecklnglSavlngs AT&T Deposlt BOAChecklng CHASE Bank Checklng CHASE Bank Savlnga Total Checklng/Savl nga Total Current Assets TOTAL ASSETS LNBILTTIES & EQUTTY Equlty Member Draw - Robert Russell tember Equlty - Nell Rossnbllt Member Equlty - Robert Rursell Openlng Balance Equlty Retalned Eamlngs Net lncomo Total Equlty TOTAL LIABILITIES & EQUITY 10,000.00 75,571.01 290,187.95 60,023.66 435,782.62 435,782.62 435,782.62 1 13,500.00 158,500.00 267,457.O9 '170,000.00 -225,34:2.78 -48,331.69 435,782.62 435,782.62 2:03 PM 03t23t16 Cash Baels Local Access LLC Balance Sheet As of December 31. 2015 ASSETS Current Assots Checklng/Savings Total Current Assets TOTALASSETS LIABILITIES & EQUITY Equlty TOTAL LIABIL]TIES & EOUIW Dec 31, 15 222,852.46 222,852.46 222,852.46 222,852.46 222,852.46 Page 1 2:00 PM o3t23116 Local Access LLC Statement of Cash Flows January through December 2015 OPERANNG ACTIVITIES Net lncome Adlustments to reconclle Net lncome Net cash provlded by Operatlng Actlvltles FINA},ICING ACTMNES Net cash lncroase for perlod Cash at beglnnlng of perlod Cash at end of period Jan - Dec 15 267,611.30 -38,'150.43 -174,779.73 -212,930.16 435,782.62 222,852.46 t:56 PM 0il2!16 Cash Basls Local Access LLG Profit & Loss January through December 2015 Ordlnary I ncome/Expense lncome Data Servlces lP Platfom Servlces VolP Servlces Total lncome Expense Bank Servlce Gharges ILEC Feea LEC / Carrler Exponse Professlonal Fees Professlonal Servlces Tota! Expense Net Ordlnary lncome Net lncome Jan . Dec 15 22,850.00 7,004.73 360,436.22 390,290.95 57.00 7,178.97 85,797.61 130,932.98 204,474.82 428,441.38 -38,150.43 -38,150.43 Page I Local Access LLC Original Title Page REGULATION AND SCHEDULE OF INTRASTATE CHARGES GOVERNING THE PROVISION OF SWITCHED ACCESS SERVICES FOR CONNECTION TO COMMUNICATIONS FACILITES Idaho TariffNo. I Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho Tariff No. I Original Page I TABLE OF CONTENTS TABLE OF CONTENTS EXPLANATION OF SYMBOLS, REFERENCE MARKS AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF APPLICATION OF TARIFF DEFINITIONS REGULATIONS 2.1 Undertaking of the Company 2.2 Prohibited Uses 2.3 Obligations of the Customer 2.4 Customer Equipment and Channels 2.5 Customer Deposits 2.6 P ayment Arrangements 2.7 Allowances for Interruptions in Service 2.8 Application of Rates 2.9 Individual Case Basis 2.l0Identification & Rating of VOIP Trafftc SERVICE AND RATE DESCRIPTIONS 3.1 Access Services 3.2 Miscellaneous Services BILLING AND COLLECTION SERVICES 4.1 General 4.2 Recording Service 4.3 Automatic Number Identification 4.4 Billing Name and Address Service 2 2 2 2 2 2 2 2 2 2 Pase Preface Preface 3 4 2 7 9 t2 l3 t4 23 28 30 3l 4 4 4 4 33 34 40 4t Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page2 TABLE OF CONTENTS RATES 5.1 Access Service 5.2 Miscellaneous Service 5.3 Billing and Collection Services 5.4 Transit Traffrc Service 5 5 5 5 42 43 49 50 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 3 EXPLANATION OF SYMBOL, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF The following symbols shall be used in this tarifffor the purpose indicated below: I C D E I N R T To signify a changed regulation or rate structure. To signify discontinued material. To signify the correction of an error made during a revision. To signify and increased rate. To signify a new rate or regulation. To signify a reduced rate. To signify a change text but no change in rate or regulation. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 4 APPLICATION This tariff sets forth the competitive service offerings, rates, terms and conditions applicable to Local Access LLC (Company) fumishing intrastate, IntraMSA and InterMSA communications services. Except as provided in 3.1.3.1, this tariff applies only to the extent that services provided hereunder are in use by a Customer for the purpose of originating or terminating intrastate communications. A communication is "intrastate" only if all points of origination and termination are located within the same state. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 5 DEFINITIONS Access Services:The Company's intrastate telecommunication services offered pursuant to this tariff. Act:The Communications Act of 1934 (47 USC 153(R)), as amended by the Telecommunications Act of 1996, Public Law 104-104, 110 State.56 (1996), codified throughout 47 USC, as interpreted by applicable law. Automatic Number Identification (ANI)A multi-frequency, signaling common switching feature that provides the automatic transmission of seven or ten-digit number and information digits to the customer's premise for calls originating in the LATA to identifu the calling party or station. Callins Party Number (CPN)A Signaling System 7 parameter whereby the ten (10) digit number is used to identify the calling or originating party. Central Office Prefix ('NXX) The first three digits of the seven-digit telephone number assigned to an end user's local exchange service. Central Office SwitchA switch providing Telecommunications Services, including, but not limited to an End Office Switch or End Office which is a switching entity that is used to terminate Customer station lines for the purpose of interconnection to other switches and trunks; and a Tandem Switch or Tandem Office or Tandem that is switching entity that has billing and recording capabilities and is used to aggregate and deliver traffic to carriers' aggregation points, points of termination, or points of presence, and to provide Switched Exchange Access Services. Central Office Switches may also be used as a combination End Offrce/Tandem Office Switch. Collocation An arrangement where the equipment of a local exchange carrier is installed and maintained at the premise of another LEC. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 6 DEFINITIONS Common CarrierAny individual, partnership, association, joint-stock company, trust, govemment entity or corporation engaged for hire in intrastate communication by wire or radio, between two or more exchanges. Common Channel Signaline NetworkDigital data network carrying signaling, routing and control information that interfaces with the telecommunications network. CompanyThe company that issued tariff, Local Access LLC. CustomerThe person, firm, government agency or entity, partnership, association, joint-stock company, trust or corporation that orders from, uses or subscribes to the services in this tariff. Customer Proprietary Network Information (CPNI) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of the Company and that is made available to the Company by the customer solely by virtue of the Company-customer relationship; and information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier; except that such term (CPNI) does not include subscriber list information. Digital Sienal Level I (DSl) The 1.544 Mbps first level signal in the time division multiplex hierarchy. In the time division multiplexing hierarchy of the telephone network, DSI is the initial level of multiplexing. Digital Sienal Level 3 (DS3) The 44.736 Mbps third level in the time division multiplex hierarchy. In the time division multiplexing hierarchy of the telephone network, DS3 is defined as the third level of multiplexing. End OfficeA local switching system where customer station loops are terminated for the purpose of interconnecting to trunks. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original PageT DEFINITIONS End UserA customer of telecommunications services that is not a carrier. End users can include a business, company or enhanced service providers (including but not restricted to, internet service providers, conference calling providers, and Voice over Internet Protocol service providers) or other entities. ExchangeA unit generally smaller than a Market Service Area (MSA), established by a local service provider for the administration of communications services in the specific area. One or more exchanges comprise a MSA. Exchange Telephone CompanyDenotes any individual, partnership, association, joint-stock company, trust, or corporation engaged in providing switched communication within an exchange. Extended Area Service (EAS)A switching and trunking arrangement which provides for non- optical, unlimited, two-way, flat rate calling service between two or more telephone exchanges, provided at either the applicable local exchange rate or the applicable local exchange rate plus an EAS increment rather than at the toll message rate. FCC The Federal Communications Commission GrandfatheredServices ordered under the provisions of this tariff but are no longer available to new customers. Individual Case BasisA condition in which the regulations (if applicable), rates and charges for an offering under the provision of this tariff are developed based on the circumstance in each case. Intrastate Access ServiceProvides for a two-point communications path between a Customer's premises or a collocated interconnection location and an end user's premises for originating and terminating calls within the state. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 8 DEFINITTONS Internet TraffrcAny traffic exchanged between Company and the customer that is originated by or delivered to an Enhanced Service Provider, including an Internet Service Provider. Local Access and Transport Area (LATA)A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C. No. 4. Local Exchanee Routing Guide (.LERG)The telecommunications industry database toll used to provision NPAAIXXs and provide routing information to facilitate call completion. Local TrafficTraffic, including but not limited to Internet Traffrc, that is originated by a Customer, user, subsidiary or affrliate of the Customer on the customer's network or service and terminates to the Company or another customer of the Company on the Company's network, within a given local calling area, or expanded area service ("EAS") area as defined in the local calling areas applicable to all LECs, then as so defined by the State Commission. LossThe value placed on injury or damages due to an accident caused by another's negligence, a breach ofcontract or other wrongdoing. Meet Point Billing When two or more exchange telephone companies are involved in the provisioning and billing of telecommunications service. MOUs Minutes of Use North American Numbering Plan (NANP)A three-digit area code (also known as a Number Plan Area (NPA), and a seven-digit telephone number, made up of a three-digit central office code and a four-digit station number. The NANP is administered by the North American Numbering Plan Administrator (NANPA). Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 9 DEFINITIONS OriginatinLCarrierThe carrier whose user originates a call on the carrier's network or switching equipment. Percentage of Interstate Usaee (PIU) The interstate jurisdictional use of a telecommunications service, as reported by the customer. This percentage is stated as a whole number percentage (a number from 0 through 100 percent) which is the best estimate of the percentage of the total use of the service that will be interstate in nature by the customer. Percent of Local Usage (PLU)The local jurisdictional use of a telecommunications service as reported by the customer. This percentage is stated as a whole number percentage (a number from 0 through 100 percent) which is the best estimate of the percentage of the total use of the service that will be local in nature by the customer. Point of Interconnection (POI)The physical location, building or equipment where two separate networks connect in order to pass telecommunications traffrc and signaling. Recurring CharsesThe charges to the Customer for services, facilities and equipment which continue to apply for duration of the service. These usually occur on a monthly basis. Service Commencement DateThe first date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer's refusal to accept service which does not conform to standards set forth in the Service Order or this tariff, in which case the Service Commencement Date is the date of the Customer's acceptance. The Company and the Customer may mutually agree on a substitute Service Commencement Date. Service Order The request for access services, written or electronic, executed by the Customer and the Company in the format devised by The Company. Such a request for service by the customer and the acceptance of the request 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. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page l0 DEFINITIONS Serving Wire CenterThe wire center from which the customer designated premises would normally obtain dial tone from the Company. SharedA facility or equipment system or subsystem that can be used simultaneously by several customers. Signaline Transfer Points (.STP)A specialized switch that provides SS7 network access and performs SS7 message routing and screening. State CommissionThe State agency responsible for the regulation of telecommunications service within a particular state's or commonwealth's borders. Tandem Transit or third party Tandem TransitAn arangement that provides indirect lnterconnections, via a third party's tandem, that is used by the Company and the Customer for the reciprocal exchange of Local and IntraLATA Toll Traffic between their respective networks and/or service. Telecommunications Service The offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a Telecommunications Service, regardless of the facilities used. Telecommunications Service generally provides the Customer with a telephonic connection to, and unique telephone number address on, the public switched telecommunications network and enables such Customer to place or receive calls to all other stations served by the public switched telecommunications network. It also provides service within a telephone exchange or within a connected system of telephone exchanges within the same exchange area operated to furnish subscribers intercommunicating service of the character ordinarily furnished by a single exchange. Terminating Carrier The carrier who terminates a call to the carrier's end user a call on the carrier's network or switching equipment. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page I I DEFINITIONS Termination PointThe point of demarcation within a customer designated premises or point of interconnection at which the Company's responsibility for the provision of service ends. Toll TrafficTraffic between stations in different exchange area for which there is a separate charge not included in contracts for local exchange service. UserA customer or any other person authorized by the Customer to use service provided under this tariff Wire CenterA building in which one or more end offices, used for the provision of Exchange Services, are located. V and H Coordinates MethodA method of computing the distance, in airline miles, between two points by utilizing an established formula which is based on the vertical and horizontal coordinates of the two points. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 12 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The company undertakes to fumish access services in accordance with the terms and conditions set forth in this tariff. 2.1.2 Shortage of Facilities All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of the lack of transmission medium capacity or because ofany causes beyond its control. 2.1.3 Terms and Conditions 2.1.3.1Service 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. 2.1.3.2 Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this taxiff. Customers will also be required to execute any other documents as may be reasonably requested by the Company. Should a Customer use the Company's access service without an executed Service Order, the Company will then request the Customer to submit a Service Order. If the Company does not have an executed Service Order from a Customer, the Service Commencement Date will be the first date on which the service or facility was used by a customer. 2.1.3.3 This tariff shall be interpreted and governed by the laws of the State of Idaho without regard for its choice of laws provision. lssued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 13 2.1 REGULATIONS Undertaking of the Company (cont'd) 2.1.3 Terms and Conditions (cont'd) 2.1.3.4 The installation and restoration of Telecommunications Services Priority (TSP) system services shall be subject to the Federal Communications Commission's rules and regulations. 2.1.3.5 The Company will provide the customer reasonable notification of service affecting activities that may occur in normal operation of its business. Activities may include, but are not limited to, equipment or facilities, additions, removals, or rearrangements, routine maintenance and major network reconfiguration or switch changes. 2.1.4 Liability of the Company 2.1.4.1Except as otherwise stated in this Tariff, the liability of the Company for damages arising out of the furnishing of its Services, including but not limited to mistakes, omissions, intemrptions, 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 of omission, shall be limited to the extension of allowance for intemrption as set forth in Section 2.7. The extension of such allowances for intemrption 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 the Customer as a result of any Company service, equipment or facilities, or any acts or omissions or negligence of the Company's employees or agents. 2.1.4.2 The Company shall not be liable for (a) any act or omission of any entity furnishing to the Company or to the Company's Customers facilities or equipment used for interconnection with Network Services; or (b) for the acts or omissions of common carier or warehousemen. Issued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho Tariff No. I Original Page 14 REGULATIONS Undertakings of the Company (cont'd) 2.1.4 Liability of the Company (cont'd) 2.1.4.3 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 govemment, or of any other government, including state and local governments having or claiming jurisdiction over the 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 materials; or strikes, lock-outs, work stoppages, or other labor difficulties. 2.1.4.4 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of equipment or facilities provided by the Customer or third parties. 2.1.4.5 The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atrnosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claim, demands, suits, or other action or 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 reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section 2.1.4.5 as a condition precedent to such installations. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 2.1 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. 1 Original Page 15 2.1 REGULATIONS Undertakings of the Company (cont'd) 2.1.4 Liability of the Company (cont'd) 2.1.4.6 The Company is not liable for any defacement of or damages 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 gross negligence or willful misconduct of the Company's agents or employees. 2.1.4.1The Company shall be indemnified, defended and held harmless by the Customer against any claim, loss, damage arising from Customer's use of services, involving claims for libel, slander, invasion of privacy, or infringement of copyright, patent or trademark arising from the Customer's own communications. 2.1.4.8 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 specific services in the moth in which the event giving rise to the liability occurred. No action or proceeding against the Company shall be commenced more than one year after the event giving rise to the liability occurred. 2.1.4.9 THE COMPANY NOR ITS AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS, MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE INCLUDING WARRANTIES OF MERCHANGABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. 1 Original Page 16 REGULATIONS 2.1.5 Claims The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees due to claims of libel, slander or infringement of copyright in connection with the material transmitted over the Company's facilities; and any other claims resulting from any act or omission of the Customer or end users of the Customer relating to the use of the Company's services or facilities. 2.1.6 Provision of Equipment and Facilities 2.1.6.1Except as otherwise indicated, any customer-provided station equipment at the Customer's premises for use in conjunction with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company. 2.1.6.2The Company shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment. Where such equipment is connected to service furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of services under this tariff and to the maintenance and operation of such services in the proper manner. Subject to this responsibility, the Company shall not be responsible for: 2.1.6.2.1 the through transmission of signals generated by Customer- provided equipment or the quality of, or defects in, such transmission; or 2.1.6.2.2 the reception of signals by Customer-provided equipment; or 2.1.6.2.3 network control signaling where such signaling is performed by Customer-provided network control signaling equipment. 2.1.7 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, agents, contractors or suPpliers. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 17 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 18 REGULATIONS 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 2.2.2 The Company may require applicants for service who intend to use the Company's offering 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 regulations, policies, orders and decisions. 2.2.3 The Company may require a Customer to immediately shut down its transmission if such transmission is casing interference to others. 2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owned to the Company for regulated access 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. 2.2.5 The above list is not meant to be all inclusive and may change due to an order or decision from a regulatory agency, from a court of competent jurisdiction or by decision of the company. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 19 REGULATIONS 2.3 Obligations of the Customer 2.3.1 Customer Premises Provisions 2.3.1.1The Customer shall provide the personnel, power and space required to operate all facilities and associated equipment installed on the premises of the Customer. 2.3.1.2The Customer shall be responsible for providing Company personnel access to premises of the Customer at any reasonable hour for the purpose of testing the facilities or equipment of the Company. 2.3.2 Liability of the Customer The Customer will be liable for damages to the facilities of the Company caused by negligence or willful acts of its offices, employees, agents or contractors of the Customer where such negligence is not the direct result of the Company's negligence. 2.3.3 Jurisdictional Report Requirements 2.3.3.1For Feature Group D Switched Access Service(s), the Company, where jurisdiction can be determined from the call detail, will determine the projected interstate percentage as follows. For originating access minutes, the projected interstate percentage will be developed on a monthly basis by end office trunk group when the Feature Group D Switched Access Service access minutes are measured by dividing the measured interstate originating access minutes (the access minutes where the calling number is in one state and the called number is in another state) by the total originating access minutes when the call detail is adequate to determine the appropriate jurisdiction. For terminating access minutes, the Customer has the option to provide the Company with a projected PIU factor. Customers who provide PIU factor shall supply the Company with an interstate percentage of the Feature Group D terminating access minutes for each account to which the Customer may terminate traffic. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. 1 Original Page20 2.3 REGULATIONS Obligations of the Customer (cont'd) 2. 3. 3 Jurisdictional Report Requirements (cont' d) 2.3.3.1(cont'd) Should the Customer not supply a terminating PIU Factor, the data used by the Company to develop the projected interstate percentage for originating access minutes will be used to develop projected interstate percentage for such terminating access minutes. When a Customer orders a Feature Group D Switched Access Services, the Customer shall supply a projected interstate percentage of use for each end offrce trunk group involved to be used in the event that originating call details are insufficient to determine the jurisdiction for the call. This percentage shall be used by the Company as the projected interstate percentage shall be used by the Company as the project interstate percentage interstate percentage, the Customer shall utilize the same considerations as those set forth in Section 2.3.3.1following. The Company will designate the number obtained by subtracting the projected interstate percentage for originating and terminating access minutes from 100 (100 - projected interstate percentage : intrastate percentage) as the projected intrastate percentage ofuse. 2.3.3.2For pu{pose of developing the projected interstate percentage, the Customer shall consider every call that enters the Customer's network at a point within the same state as the state where the called station is located to be intrastate and every call that enters the Customer's network at a point in a state different from the state in which the called station is located to be interstate. 2.3.3.3 These whole number percentages will be used by the Company to apportion the use, rates, and/or nonrecurring charges between interstate and intrastate until a revised report is received. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Original Page 2l Idaho TariffNo. I lssued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page22 REGULATIONS Obligations of the Customer (cont'd) 2.3.3 Jurisdictional Report Requirements (cont'd) 2.3.3.4 The projected interstate percentage of use will be used to determine the charges as follows: The number of access minutes for a trunk group will be multiplied by the projected interstate percentage of use to determine the interstate access minutes. The intrastate access minutes for the group will be billed as set forth in Section 5 following. 2.3.3.4 Effective on the first of January, April, July, and October of each year, the Customer may update the jurisdictional reports that require a projected interstate percentage. The Customer shall forward to the Company, to be received no later than 20 calendar days after the first of each such month, a revised report showing the interstate percentage of use for the past three months ending the last day of December, March, June and September, respectively, for each service arranged for interstate and intrastate use. Except as set forth in Section 2.3.3 (A) preceding where jurisdiction can be determined from the recorded message detail, the revised report will serve as the basis for the next three months billing and will be effective on the bill date in the following month for that service. No prorating or back billing will be done based on the report. If the Customer does not supply the report, the Company will assume the percentage to be the same as that provided in the last quarterly report. For those cases in which a quarterly report has never been received from the Customer, the Company will assume the percentage to be the same as that provided in the order for service as set forth in Section 2.3.3.1proceeding. Issued: Local Access LLC 11442 Lake Butler Blvd. WindermereFL 34786 2.3 Issued By: Jim Finneran COO Effective: 2.3 Local Access LLC Idaho TariffNo. I Original Page23 Regulations Obligations of the Customer (cont'd) 2.3.3 Jurisdictional Report Requirements (cont'd) 2.3.3.6 The Customer reported projected interstate percentage of use as set forth in Section 2.3.3.1 preceding will be used for the apportionment of any monthly rates or nonrecurring charges associated with Feature Group D Switched Access Service until the end of the quarter during which the service was activated. Thereafter, a projected interstate percentage for such apportionment will be developed quarterly by the Company based on the data used to develop the projected interstate percentage of use as set forth in Section 2.3.3.1 preceding. Where call detail is insuffrcient to make such a determination, the Customer will be requested to project an interstate percentage of use to be used by the Company for such apportionment. 2.3.3.7 The Customer shall keep sufficient detail from which the percentage of interstate us can be ascertained and upon request of the Company make the records available for inspection. Such a request will be initiated by the Company no more than once per year. The Customer shall supply the data within 30 calendar days of the Company request. 2.3.3.8 The Customer may provide an additional percentage of interstate use for Entrance Facility and Direct Trunked Transport subject to the reporting requirements previously listed in this section. The percentage of interstate use may be provided per individual facility or at the billing account level. Should the Customer not provide a percentage of interstate us, the Company will use the reported Feature Group B or Feature Group D aggregated percentage of interstate use. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. 1 Original Page24 Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idatro TariffNo. I Original Page25 2.4 REGULATIONS Customer Equipment and Channels 2.4.1 Interconnections of Facilities 2.4.1.1In order to protect the Company's facilities and personnel and the services furnished to other Customers by the Company from potentially harmful effects, the signals applied to the Company's service shall be such as not to cause damage to the facilities of the Company. Any special interface equipment necessary to achieve the compatibility between facilities of the Company and the channels or facilities of others shall be provided at the Customer's Expense. 2.4.2 Inspections 2.4.2.1The Company may, upon notification to the Customer, at a reasonable time, make such tests and inspections as may be necessary to determine that the requirements regarding the equipment and interconnections are being complied with in respect to the installation, operation and maintenance of Customer-provided equipment and in the wiring of the connection of Customer channels to Company-owned facilities. 2.4.2.2If the protective requirements in connections with Customer-provided equipment are not being complied with, the Company may take such action as necessary to protect its facilities and personnel and will promptly notify the Customer by registered mail in writing of the need for protective action. [n the event that the Customer fails to advise the Company within 10 days after such notice is received or within the time specified in the notice that conective action has been taken, the Company may take whatever additional action is deemed necessary, including canceling service, to protect its facilities and personnel from harm. The Company will upon request 24 hours in advance provide Customer with a statement of technical parameters that the Customer's equipment must meet. Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idatro Tariff No. I Original Page26 2.5 Customer Deposits 2.5.1 Deposits 2.5.1.1.1 2.5.1.1.2 2.5.2.2 2.5.2.3 REGULATIONS three month's charges for a service or facility which has a minimum payment period of one month; or the charges that would apply for the minimum payment period for a service or facility which has a minimum payment period of more than one month; except that the deposit may include an additional amount in event that a termination charge is applicable. When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer's account and any credit balance remaining will be refunded. Before the service or facility is discontinued, the Company may, at its option, retum the deposit or credit it to the Customer's account. If the amount of the deposit is insufficient to cover the balance due to the Customer's account, the Company retains the right to collect any amounts owing after the deposit has been applied plus any costs related to the collection of any remaining balance. Deposits held will accrue interest at a rate specified by the state Public Service Commission without deductions for taxes on such deposits. Interest will not accrue on any deposit after the date on which reasonable effort has been made to return it to the Customer. 2.5.1.1To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The deposit will not exceed an amount equal to: lssued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 2.6 Local Access LLC Idaho TariffNo. I Original Page27 REGULATIONS Payment Arrangements 2.6.1 Payment for Services The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the customer. 2.6.1.1Taxes The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes (however, designated) (excluding taxes on the Company's net income) imposed on or based upon the provision, sale, delivery or use of Network Services. 2.6.1.2 Surcharges, Fees and Assessments The Customer is responsible for payment of any surcharge, assessment or fee, including but not limited to universal service fees, 911 charges, right of way fees or other types of infrastructure fees, and regulatory assessments, where allowed by applicable law. 2.6.2 Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other users for services and facilities fumished to the Customer by the Company. 2.6.2.1Non-recurring charges are due and payable within 15 days after the date of invoice. 2.6.2.2 The Company shall present invoices for Recurring Charges monthly to the Customer, in advance of the month in which service is provided, ffid Recurring Charges shall be due and payable within 15 days after the date of the invoice. When billing is based upon customer usage, usage charges will be billed monthly for the preceding billing period. 2.6.2.3 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 rate basis. For this purpose, every month is considered to have 30 days. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Original Page 28 Idaho TariffNo. I Issued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idatro TariffNo. 1 Original Page29 2.6 REGULATIONS Payment Arrangements (cont'd) 2.6.2 Billing and Collection of Charges (cont'd) 2.6.2.4 Billing of the Customer by the Company will begin on the Service Commencement Date, which is the day on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mufual 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. 2.6.2.5If any portion of the payment is received by the Company after the date due, or if any portion of the payment is received by the Company in funds which are not immediately available upon presentment, then a late payment penalty shall be due to the Company. The late payment penalty shall be the portion of the payment not received by the date due, multiplied by a late factor. The late factor shall be the lesser of: 2.6.2.5.1 a rate of 1.5 percent per month; or 2.6.2.5.2 the highest interest rate which may be applied under state law for commercial transactions. 2.6.2.6 The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the Company which a financial institution refuses to honor. 2.6.2.7 Customers have up to 90 days (commencing 5 days after remittance of the bill) to initiate a dispute over charges or to receive credits. 2.6.2.8If service is disconnected by the Company in accordance with Section 2.6.3 following and later restored, restoration of service will be subject to all applicable installation charges. lssued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho Tariff No. I Original Page 30 Issued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Effective: 2.6 Local Access LLC Idatro TariffNo. I Original Page 3l REGULATIONS Payment Arrangements (cont'd) 2.6.2 Billing and Collection of Charges (cont'd) 2.6.2.9 Any charges for service provided by the Company but did not appear on a customer's invoice can be back billed for a period of up to twenty-four (24) months from the date of discovery of the un-billed charges. 2.6.3 Discontinuance of Service for Cause 2.6.3.1 Upon nonpayment of any amounts owing to the Company, the Company may, by giving 24-hours prior written notice to the Customer, discontinue or suspend service without incurring any liability. 2.6.3.2 Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 24-hours prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period. 2.6.3.3 Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liability. 2.6.3.4 Upon the Customer's insolvency, assignment for the benefit of creditors, filing for bankruptcy or reorganization, or failing to discharge an involuntary petition within the time permitted by law, the Company may immediately discontinue or suspend service without incurring any liability. 2.6.3.5 Upon any governmental prohibition, order or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incurring any liability. 2.6.3.6In the event of fraudulent use of the Company's network, the Company may without notice suspend or discontinue service. The Customer will be liable for all related costs. The Customer will also be responsible for payment of any reconnection charges. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page32 REGULATIONS Payment Arrangements (cont'd) 2.6.3 Discontinuance of Service for Cause (cont'd) 2.6.3.7Upon the Company's discontinuance of service to the Customer under Section 2.6.3.1 or 2.6.3.2, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable (discounted to present value at six percent). 2.6.4 Notice to Company for Cancelation of Service Customers desiring to terminate service shall provide Company thirty (30) days written notice of desire to terminate service. Notice should be sent to: Jim Finneran COO/CO Local Access LLC 11442 Lake Butler Blvd. Windermere, FL 34286 2.6 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 33 REGULATIONS Payment Arrangements (cont'd) 2.6.5 Ordering, Rating and Billing Access Services Where More Than One Exchange Telephone Company is Involved Meet point billing applies when more than one Exchange Telephone Company is involved in the provision of Access Service. All recurring and nonrecurring charges for services provided by each Exchange Telephone Company are billed under each company's applicable rates as set forth in Section 2.6.5.1following. The Company accepts and adheres to the Ordering and Billing Forum guidelines, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Canier Ordering and Design (MECOD). The Company will handle ordering, rating and billing of Access Services under this tariffwhere more than one Exchange Telephone Company is involved in the provision of Access Service as follows. 2.6.5.1For Feature Group D Switched Access Service, when the first point of switching is not in the same Exchange Telephone Company's territory as the Customer premises, the Customer must supply a copy of the order to the Exchange Telephone Company in whose territory the Customer premises is located and any other Exchange Telephone Company(s) involved in providing the service. Each Exchange Telephone Company will provide the portion of Local Transport to an interconnection point (IP) with another Exchange Telephone Company, and will bill the charges in accordance with is Access Service tariff. The rate for the Transport elements will be determined as set forth in 2.6.5.2 following. All other appropriate charges in each Exchange Telephone Company tariff are applicable. 2.6 Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 34 REGULATIONS Payment Arrangements (cont'd) 2.6.5 Ordering, Rating and Billing Access Services Where More Than One Exchange Telephone Company is Involved 2.6.5.2 The charge for the Local Transport Facility and Termination rate elements for services provided as set forth in Section 2.6.5.1 preceding are determined as follows: 2.6.5.2.1 Determine the appropriate Switched Access Local Transport mileage by computing the airline mileage between the two ends of the Local Transport Facility, as defined in 3.1.2(8) following. Determine the airline mileage for the Local Transport Facility charge using the V&H method as set forth in Section 2.8.2 following. 2.6.5.2.2 For Feature Group D Switched Access Service, the Local Transport Facility and Termination charges are determined by using the steps set forth in (a) through (c) following for the total Local Transport-Common Switched Transport charges. 2.6.5.2.2.1 Multiply: The number of access minutes by the number of airline miles as determined in (l) preceding by the Company's appropriate Local Transport Facility per mile per access minute rate by the Company's billing percentage factor. 2.6 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Original Page 35 Idaho TariffNo. 1 Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. 1 Original Page 36 2.6 REGULATIONS Payment Arrangements (cont'd) 2.6.5Ordering, Rating and Billing Access Services Where More Than One Exchange Telephone Company is Involved (cont'd) 2.6.5.2 (cont'd) 2.6.5.2.2 (cont'd) 2.6.5.2.2.2 Multiply: The number of access minutes By The Company's appropriate Local Transport Termination per minute rate. The resulting amount is the Company's total Local Transport Termination charge. 2.6.5.2.2.2 Add: The products of (a) and (b) for the Company's total Local Transport-Common Switched Transport charges. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. 1 Original Page37 REGULATIONS 2.6 Payment Arrangements (cont'd) 2.6.5 Ordering, Rating and Billing Access Services Where More Than One Exchange Telephone Company is Involved (cont'd) 2.6.5.3The interconnection points will be determined by the Exchange Telephone Companies involved. 2.6.5.4 The interconnection points will be determined by the Exchange Telephone Companies involved. 2.6.5.5 Should the Company act as an intermediate, non-terminating local exchange carrier, Local Transport Termination rates, as determined in Section 2.6.5.2 preceding, will not be applied to the meet point billing arrangement. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro Tariff No. I Original Page 38 REGULATIONS Payment Arrangements (cont'd) 2.6.6 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 fees shall be adjusted according to the term and conditions set forth in 3 .l . | .2 following, Access Order Modifications. 2.6.7 Customer Overpayments The Company will pay interest on a Customer overpayment. Customer overpayment shall mean a payment to the Company in excess of the correct charges for service when caused by erroneous billing by the Company. The rate of interest shall be the unadjusted interest rate paid on Customer deposits or the late payment penalty rate, whichever is greater. Interest shall be paid from the date when the Customer overpayment was made, adjusted for any changes in the deposit interest rate or late payment penalty rate, and compounded monthly, until the date when the overpayment is refunded. No interest shall be paid on Customer overpayments that are refunded within thirty (30) days after such overpayment is received by the Company. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 2.6 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 39 REGULATIONS 2.7 Allowances for lntemrptions in Services Except as set forth in 2.1.4.2 preceding and 2.7.2 following, intemrptions in service, which 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 2.7.1 for the part of the service that the intemrption affects 2.7.1 Credit for Intemrptions 2.7.1.1 A credit allowance will be made when an intemrption occurs because of a failure of any component furnished by the Company under this tariff. An intemrption period begins when the Customer reports a service, facility or circuit to be intemrpted and releases it for testing and repair. An intemrption 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 intemrpted. 2.7.1.2For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the intemrption. Only those facilities on the intemrpted portion of the circuit will receive a credit. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Original Page 40 Idaho TariffNo. I Effective:Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Local Access LLC Idaho TariffNo. 1 Original Page 41 2.7 REGULATTONS Allowances for Intemrptions in Service (cont'd) 2.7.1 Credit for Intemrptions (cont'd) Less than 30 Minutes 30 minutes up to but including 3 hours 3 hours up to but not including 6 hours 6 hours up to but including t hours t hours up to but including 12 hours 12 hours up to but including 15 hours 15 hours up to but not including}4 hours A credit allowance will be given for intemrptions of 30 minutes or more. Credit allowances shall be calculated as follows: None l/10 Day ll5Day 215 Day 3l5Day 4l5Day One Day Two or more intemrptions of l5 minutes or more during any one 24-hour period shall be considered as one intemrption. Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. 1 Original Page 42 2.7 REGULATIONS Allowances for lntemrptions in Service (cont'd) 2.7.1 Credit for Intemrptions (cont'd) 2.7.1.2 (cont'd) Intemrptions Over 24 Hours and Less Than 72 Hours. Intemrptions over 24 hours and less than 72 hours will be credited l/5 day for each 3-hour period or fraction thereof. No more than one full day's credit will be allowed for any period of 24 hours. Interruptions Over 72 Hours. Intemrptions over 72 hours will be credited 2 days for each full 24-hour period. No more than 30 days' credit will be allowed for any one-month period. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. I Original Page 43 2.7 REGULATIONS Allowances for Intemrptions in Service (cont'd) 2.7.2 Limitations on Allowances No credit allowance will be made for: 2.7.2.lintemtptions due to the negligence of, or noncompliance with the provisions of this tariff by the Customer, authorized user, joint user, or other common carrier providing service connected to the service of the Company; 2.7.2.2lntemrptions due to the negligence of any person other than the Company, including but not limited to the Customer or other common carriers connected to the Company's facilities; 2.7.2.3lntemrptions due to the failure or malfunction of non-Company equipment; 2.7.2.4Intemrptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting intemrptions; 2.7.2.5lntemrptions of service during a period in which the Customer continues to use the service on an impaired basis; 2.7.2.6lntemrptions of service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arangements; or 2.7.2.7 Intemrption of service due to circumstances or causes beyond the control of Company 2.7.2.8lntemrption of service due to the Company following a lawful order of a govemment agency to discontinue a service to a customer. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. I Original Page 44 2.7 REGULATIONS Allowances for Interruptions in Service (cont'd) 2.7.3 Cancellation for Service Intemrption Cancellation or termination for service intemrption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous l2-month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 45 2.8 REGULATIONS Application of Rates The regulations set forth in this section govern the application of rates for services contained in other sections of this tariff. 2.8.1 Charges Based on Duration of Use Customer traffrc to end offices will be measured by the Company at end office switches. Originating and terminating calls will be measured by the Company to determine the basis for computing chargeable access minutes. For originating calls over Feature Group D, usage measurement begins when the originating Feature Group D switch receives the first wink supervisory signal forwarded from the Customer's point of termination. The measurement of originating call usage ends when the originating Feature Group D switch receives disconnect supervision from either the originating end user's end office, indicating the originating end user has disconnected, or the Customer's point of termination, whichever is recognized first by the switch. For terminating calls over Feature Group D, the measurement of access minutes begins when the terminating Feature Group D switch receives the set up message to initiate the call set up. The measurement of terminating call usage over Feature Group D ends when the terminating Feature Group D switch receives disconnect supervision from either the terminating end user's end office, indicating the terminating end user has disconnected, or the Customer's point of termination, whichever is recognized first by the switch. Access minutes or fractions thereof are accumulated over the billing period for each end office and are then rounded up to the nearest access minute for each end office. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 46 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 47 2.8 REGULATIONS Application of Rates (cont'd) 2.8.2 Rates Based Upon Distance Where the charges for service are specified based upon apply: the following rules 2.8.2.2 Distance between two points is measured as airline distance between the wire centers of the originating and terminating telephone lines. The wire center is a set of geographic coordinates 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). 2.8.2.3The airline distance between any two wire centers is determined as follows: 2.8.2.3.1 2.8.2.3.2 2.8.2.3.3 2.8.2.3.4 2.8.2.3.s 2.8.2.3.6 Obtain the "V" and "H" coordinates for each wire center. Compute the difference between the "V" coordinates of the two wire 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). 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. Issued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 48 2.8 REGULATIONS Application of Rates 2.8.3 Mileage The mileage to be used to determine the Local Transport Facility monthly rates are calculated on the airline distance between the end office switch where the call carried by Local Transport originates or terminates and the customer's serving wire center. The V&H coordinates method is used to determine mileage. This method is set forth in Section 2.8.2. The Local Transport Facility mileage rates are shown in Section 5.1.3 in terms of per mile per access minute. To determine the rate to be billed, first compute the mileage. Should the calculation result in a fraction of a mile, the result will be rounded up to the next whole mile. Then multiply the mileage by the appropriate Local Transport Facility rate. The amount to be billed shall be the product of this calculation (i.e., the number of miles multiplied by the per mile rate) multiplied by the number of access minutes. Individual Case Basis (ICB) Arrangements will be developed on a case-by-case basis in answer 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 service in this tariff. ICB rates will be offered to the Customer in writing. Contracts will be used in the circumstance of ICB service offerings. The terms and conditions of each contract offering are subject to the agreement of both the Customer and Company. Such contract offerings will be made available to similarly situated Customers in substantially comparable circumstances. Contracts are obtainable to any similarly situated Customer that places an order within 90 days of their effective date. In the event of a conflict between the Customer and the Company, the contract will take precedence over this tariff in regards to resolution of the conflict. Contracts are subject to applicable law of a competent jurisdiction. 2.9 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 49 REGULATTONS 2.10 Identification and rating of VOIP Traffic 2.10.1 General 2.l0.l.1VOP traffic is defined as traffic that is exchanged between a Company end user and the customer in time division multiplexing (TDM) format that originates and/or terminates in Internet protocol (IP) format. These rules establish the method of separating such traffic from the customer's traditional intrastate access traffrc, so that such relevant VOIP traffic can be billed in accordance with the FCC Order (see Report and Order in WC DocketNos. l0-90, etc. FCC ReleaseNo. 1l- l6l (November 18.2011)). z.l0.l.2This section will be applied to the billing of switched access charges to a customer that is a local exchange carrier only to the extent that the customer has also implemented billing of switched access charges for relevant VOIP tariff in accordance with the FCC Order. 2.10.1.3 The rates, terms, and conditions of this section will apply to transit services provided in connection with the origination or termination of LEC-CMRS intraMTA traffic. 2.10.2 Rating of VOIP Traffrc The relevant VOIP traffrc that is identified in accordance with this tariff section will be billed at rates equal to the Company's applicable tariffed intrastate access rates as specified in Section 5 in accordance with the FCC Order in WC Docket Nos. 10-90, etc., DA Release No. 12-147 (February 3,2012). 2.10.3 Calculation and Application of Percent VOIP Usage Factor The Company will determine the number of relevant VOIP traffic minutes of use (MOU) to which the intrastate rates will be applied under 2.10.1.2 above, by applying a percent VOIP usage (PVU) factor to the total intrastate access MOU exchanged between a Company end user and the customer. The PVU will be determined and applied as follows: Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 50 REGULATIONS 2.10 Identification and rating of VOIP Traffic (cont'd) 2.10.3 Calculation and Application of Percent VOIP Usage Factor (cont'd) 2.10.3.1The customer will calculate and fumish to the Company a factor (customer factor) representing the percentage of the total intrastate and interstate access MOU that the customer exchanges with the Company in the state, that (a) is sent to the Company and that originated in IP format; or (b) is received from the Company and terminated in IP format. This customer factor shall be based on information such as traffic studies, call details, the number of the customer's retail VOIP subscriptions in the state (as reported in FCC Form 477) or other relevant and verifi able information. 2.10.3.2The Company will also calculate a factor (Company factor) representing the percentage of the Company's total intrastate and interstate access MOU in the state that the Company originates or terminates on its network in IP format. This Company factor shall be based on information such as traffic studies, call details, the number of the customer's retail VOP subscriptions in the state (as reported in FCC Form 477) or other relevant and verifiable information. 2.10.3.3 The Company will use the Company factor and the customer factor to calculate a PVU factor that represent the percentage of total intrastate and interstate access MOU exchanged between a Company end user and the customer that is originated or terminated in IP format, whether at the Company's end, at the customer's end or at both ends. The PVU factor will be calculated as the sum of: (A) the customer factor and (B) the Company factor times (1.0 minus the customer factor). 2.10.3.4The Company will apply the PVU factor to the total intrastate access MOU exchanged with the customer to determine the number of relevant VOIP traffic MOUs. Example l: The Company factor is at 20Yo and the customer factor is 40%. The PVU factor is equal to 40Yo + (20% x 60yo)= 52%o. The Company will bill 52% of the customer's intrastate access MOU at the Company's applicable tariffed intrastate access rates. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I 2.10 Original Page 5l REGULATIONS Identification and rating of VOIP Traffrc (cont'd) 2.10.3 Calculation and Application of Percent VOIP Usage Factor (cont'd) 2.10.3.5 If the customer does not supply the Company with a customer factor according to the preceding paragraph 2.10.3.1, the Company will use a PVU equal to the Company's factor. 2.10.4 Initial PVU Factor If the PVU factor is not available and/or cannot be implemented in the Company's billing systems by January 1,2012, once the factor is available and can be implemented the Company will adjust the customer's bills to reflect the PVU retroactively to January l, 2012. In calculating the initial PVU, the Company will take the customer specified PVU into account retroactively to Octoberl l, 2012, provided that the customer provides the factor to the Company no later than December 15, 2012; otherwise the Company with set the initial PVU equal to the Company factor as specified in subsection 2.10.3.5 above. 2.10.5 PVU Factor Updates The customer may update their factor quarterly using the method set forth in subsection 2.10.3.1, above. If the customer chooses to submit such updates, it shall forward to the Company, no later than 15 days after the first day of January, April, July and/or October of each year, a revised customer factor based on data for the prior three months, ending the last day of December, March, June and September, respectively, The Company will use the revised customer factor to calculate a revised PVU. The revised PVU factor will apply prospectively and serve as the basis for billing until superseded by a new PVU. 2.10.6 Verification of PVU Not more than twice in any year, the Company can ask the customer to veriff the customer factor that they furnished to the Company and the customer can ask the Company to verifu the Company factor and the calculation of the PVU factor. The party so requested shall comply, and shall reasonably provide the records and other information used to determine the respective Company and customer factors. Issued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idatro TariffNo. I Original Page 52 Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 53 SERVICE AND RATE DESCRIPTIONS Access Services Switched Access Service, which is available to Customers for their use in furnishing their services to end users, provides a two-point communications path between a Customer's premises (or a collocated interconnection location) and an end user's premises. It provides for the use of common terminating, switching and trunking facilities. Switched Access Service provides for the ability to originate calls from an end user's premises to a Customer's premises (or a collocated interconnection location), and to terminate calls from a Customer's premises (or a collocated interconnection location) to an end user's premises in the LATA where it is provided. Switched Access Service must be ordered separately for each LATA in which the customer desires to originate or terminate calls. The minimum interconnection level with the Company's network and services is at a DSl level. Switched Access Service is provided in the following service categories, which are differentiated by their technical characteristics and the manner in which an end user or Customer accesses them when originating or terminating calls. FGD Access, either tandem or end office, which is available to all Customers, provides trunk side access to Company end office switches with an associated uniform IOXXX or IOlXXXX access code for the Customer's use in originating and terminating communications. End users may also originate calls to a selected FGD Access Customer by dialing I+NPA-NXX-XXXX when using the Company's presubscription service. Toll Free Data Base Access Service, which is available to all Customers, provides trunk side access to Company end office switches in the originating direction only, for the Customer's use in originating calls dialed by an end user to telephone numbers beginning with the prefix "800", "866", "888", or "877"0 for example. Toll Free Data Base Access Service is offered in conjunction with Feature Group D Access. Transit Traffic Service is an access service in which the Company transits traffic originated by a third party who is not an End User or other user of the Company's local exchange or exchange access service through its wire centers to a Customer. Transit Traffic Service is comprised of various facilities, connections, features and functions. [t provides for the use of common terminating, common switching and switched transport facilities of the Company but does not include local switching. 3.1 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. 1 Original Page 54 Termination and transport consists of the connection between the Company's end office switch and another company's tandem office switch. SERVICE AND RATE DECRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order An Access Service Order is used by the Company to provide a Customer Access Service. When placing an order for Access Service, the Customer shall provide, at a minimum, the following information: 3.1.1.1 For Feature Group D Switched Access Service, the Customer shall specify the number of busy hour minutes of capacity (BHMC) from the Customer's premises to the end office by traffic type. This information is used to determine the number of transmission paths. The Customer shall also specify the Local Transport and Local Switching options. When FGD is ordered by specifying the number of trunks and direct routing to an end office is desired, the customer shall specify: - the end office and - the Local Transport and Local Switching options desired. When FGD is ordered by specifying the number of trunks and end offrce routing via an access tandem operated by another Exchange Telephone Company is desired, the customer shall specify: - the access tandem, - the Local Transport and Local Switching options desired, and - an estimate of the amount of traffic to be generated to and/or from each Company end office subtending another Exchange Telephone Company's access tandem. In addition, for Feature Group D with the SS7 signaling option, the Customer shall specify the switching point codes and trunk circuit identification codes for trunks with the SS7 signaling option, and the STP point codes, signaling link codes and link type for each Common Channel Signaling Access (CCSA) connection ordered. Issued: Local Access LLC 11442 Lake Butler Blvd. WindermereFL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. 1 Original Page 55 When a Customer orders FGD in trunks, the Customer is responsible to assure that suffrcient access facilities have been ordered to handle its traffic. SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.2 For Toll Free Data Base Access Service, the Customer shall order the service in accordance with preceding set forth for Feature Group D. 3.1.1.3 For Transit Termination Service, the Customer shall order the service in accordance with the preceding provisions set forth for Feature Group D. 3.l.l.l Access Order Service Data Intervals Access Service is provided with one of the following Service Data Intervals: -Standard lnterval -Negotiated Interval -Advanced Order Interval 3.1.1.1.1 Standardlnterval A schedule of Standard Intervals applicable for Switched Access Services and is as follows: 1 to 4 Trunks 28 days 5 to24 Trunks 30 days Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idatro TariffNo. I Original Page 56 3.1 SERVICE AND RATE DESCRIPTIONS Access Service (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.1 Access Order Service Date Intervals (cont'd) 3.1.1.1.2 Negotiated Interval (cont'd) Common Channel Signaling Access (CCSA) links will be provided on a Negotiated Interval. New or existing FGD trunks ordered with the SS7 signaling option will be provided on a Negotiated Interval. The addition and/or deletion of Toll Free Access Service six-digit customer identification NXX is provided with a Negotiated Intenral. The addition of a Toll Free Access Service ten-digit customer identification record to the Toll Free Access Service data base or the deletion of a Toll Free Access Service ten digit customer identification record from the Toll Free Access Service data base is provided with a Negotiated Interval. Initial Establishment of Service where customer is: -Not yet provided with any Trunk Group in the LATA -Provided Trunk Group service In the LATA 6 Months 90 Days Issued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Effective: Local Access LLC Idaho TariffNo. I Original Page 57 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.1 Access Order Service Date Intervals (cont'd) When placing an Access Order, a Customer may request an Advance Order Interval for a service date of 12 to 24 months from the Application Date for the following services: -A minimum of 24 voice grade equivalent switched access service lines or trunks or 720 BHMCs. Orders for less than the minimum quantities will be accommodated under standard or negotiated interval provisions Advance order interval access orders are subject to all ordering conditions of Standard and Negotiated Interval Access Orders except for the following: lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 58 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Service Orders (cont'd) 3.l.l.l Access Order Service Date Intervals (cont'd) 3.1.1.1.3.1 AdvancedPayment A nonrefundable Advance Payment will be calculated as follows: The minimum monthly charge for the minimum period plus the applicable nonrecurring charges for the services ordered. This Advance Payment is due l0 working days from the date the Company confirms acceptance of the order, or on the Application Date, whichever date is the later date. If the Advance Payment is not received by such payment date, the order will be canceled. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 59 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.l.l.l Access Order Service Date Intervals (cont'd) 3. l. 1.3 Advanced Payments (cont'd) 3.1.1.1.3.1 Advanced Payments (cont'd) When the Access Services are connected on the service date, the Advance Payment will be applied, as a credit, to the Customer's billed service charges. When there has been a decrease in the number of services originally ordered, as set forth in (2) following, only the portion of the Advance Payment for services actually installed will be credited. 3.1.1.1.3.2 When the Customer cancels an Access Order, the order will be withdrawn. The Advance Payment will not be credited or refunded. Any decrease in the number of ordered Access Services will be treated as a partial cancellation, and the portion of the Advance Payment for the services canceled will not be credited or refunded. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. 1 Original Page 60 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.2 Access Order Modification The Customer may request a modification of its Access Order at any time prior to notification by the Company that service is available for the Customer's use or prior to the service date, whichever is later. Any increase in the number of Switched Access Service lines, trunks or busy hour minutes of capacity or CCSA signaling connections will be treated as a new Access Order (for the increased amount only). 3.1.1.2.1 Service Date Change Charge Access Order service dates for the installation of new services or rearrangements of existing services may be changed, but the new service date may not exceed the original service date by more than 30 calendar days. When, for any reason, the Customer indicates that service cannot be accepted for a period not to exceed 30 calendar days, and the Company accordingly delays the start of service, a Service Date Change Charge will apply. If the Customer requested service date is more than 30 calendar days after the original service date, the order will be canceled by the Company and reissued with the appropriate cancellation charges applied. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 61 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 62 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.2 Access Order Modification (cont'd) 3.t.1.2.1 3.1.t.2.2 Service Date Change Charge (cont'd) A Service Date Change Charge will apply, on a per order per occurence basis, for each service date changed. The applicable charge is found in Section 5.1.1. Any decrease in the number of ordered Switched Access Service lines, trunks or busy hour minutes of capacity ordered with a Standard or Negotiated Interval Access Order will be treated as a partial cancellation and the charges as set forth in Section 3.1.1.3 following will apply. Partial cancellation charges do not apply to Advance Order Interval Access Orders. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 63 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Services Order (cont'd) 3.1.1.2 Access Order Modification (cont'd) 3.1.1.2.3 Design Change Charge The Customer may request a design change to the service ordered. A design change is any change to an Access Order which requires engineering review. Design changes do not include a change of customer premises, end user premises, or end office switch. Changes of this nature will require the issuance of a new order and the cancellation of the original order with appropriate cancellation charges applied. The Design Change Charge will apply on a per order per occurrence basis, for each order requiring a design change. The applicable charge is found in Section 5.1.1. If a change of service date is Change Charge will also apply. the Service Date Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 64 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.2 Access Order Modification (cont'd) 3.r.1.2.4 Expedited Order Charge When placing an Access Order for service(s) for which Standard Intervals exist, a Customer may request a service date that is prior to the Standard Interval service date. A Customer may also request an earlier service date on a pending Standard, Negotiated or Advance Order Interval Access Order. If the Company agrees to provide service on an expedited basis, an Expedited Order Charge will apply. If the Company receives a request for an expedited service date at the time a Standard Interval Access Order is placed, the Expedited Order Charge is calculated by summing all the nonrecuning charges associated with the order and then dividing this total by the number of days in the Standard Interval. The charge is then applied on an per day of improvement basis, per order, but in no event shall the charge exceed fifty percent of the total nonrecurring charges associated with the Access Order. Issued: Local Access LLC 11442 Lake Butler Blvd. WindermereFL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 65 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3. I . I .3 Cancellation of an Access Order 3.1.1.3.1A Customer may cancel an Access Order for the installation of service at any time prior to notification by the Company that services available for the Customer's use or prior to the service date, whichever is later. The cancellation date is the date the Company receives written or verbal notice from the Customer that the order is to be canceled. The verbal notice must be followed by written confirmation within l0 days. If a Customer or a Customer's end user is unable to accept Access Service within 30 calendar days after the original service date, the Customer has the choice of the following options: - The Access Order shall be canceled and charges set forth in 3.1.1.3.2 following will apply, or - Billing for the service will commence. If no cancellation request is received within the specified 30 calendar days, billing for the service will commence. In any event, the cancellation date or the date billing is to commence, as applicable, shall be the 3lst day beyond the original service date of the Access Order. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 66 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Services Order (cont'd) 3.1.1.3 Cancellation of an Access Order (cont'd) 3.1.r.3.2 3.1.1.3.2.1 3.1.1.3.2.2 When a Customer cancels a Standard or Negotiated Interval Access Order for the installation of service, a Cancellation Charge will apply as follows: When the Customer cancels an Access Order, a charge equal to the estimated provisioning costs incurred at a particular date for the service ordered by the Company shall apply. If the Company misses a service date for a Standard or Negotiated Interval Access Order by more than 30 days, due to circumstances such as acts of God, governmental requirements, work stoppages and civil commotions, the Customer may cancel the Access Order without incurring cancellation charges. Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 67 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.4.1 The minimum period for which Access Service is provided and for which charges are applicable, is one month. 3 ' 142 ffi,,TJ':Hf"'ffi*ff ,xh,o;,J;':.;i a;,1'ffi::'ffiT,;i,ll; nonrecurring charges will apply for the new service. The changes listed below are those which will be treated as a *ilffiH;fioTl,, il]3',H',?ior service and ror which a new (l) A move to a different building. (2) A change in type of service. (3) A change in Switched Access Service Interface Group. (4) A change in Switched Access Service traffrc type. (5) A change in STP Access link. (6) A change in STP Port. (7) A change in Company-provided Switched Access Service to a Collocated lnterconnection arrangement or vice versa. (8) A change to an existing Feature Group D Service to include the provision of 64 kbps Clear Channel Capability. 3.1 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. 1 Original Page 68 3.1 SERVICE AND RATE DESCRIPTIONS Access Service (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.5 Minimum Period Charges When Access Service is disconnected prior to the expiration of the minimum period, charges are applicable for the balance of the minimum period. The Minimum Period Charge for monthly billed services determined as follows: For Switched Access Service, the charge for a month or fraction thereof is equal to the applicable minimum monthly charge for the capacity. be All applicable nonrecurring charges for the service addition to the Minimum Period Charge. 3. l. 1.6 Nonrecurring Charges be billed in Nonrecurring charges are one-time charges that apply for a specific work activity (i.e., installation or change to an existing service). Types of nonrecurring charges that apply for Switched Access Service are: installation of service and service rearrangements. 3.1 .1.6.1 Installation of Service Nonrecurring charges apply to each Switched Access Service installed. For Switched Services ordered on a per trunk basis, the charge is applied per trunk or out of band signaling connection. For Switched Services ordered on a busy hour minutes of capacity basis, the charge is also applied on a per trunk basis but the charge applies only when the capacity ordered requires the installation of an additional trunk(s). In addition, nonrecurring charges apply when an out of band signaling connection is installed for use with FGD. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro Tariff No. I Original Page 69 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.6 Nonrecurring Charges (cont'd) 3.1.1.6.2 Service Rearrangements All changes to existing services other than changes involving administrative activities only will be treated as a discontinuance of the existing service and an installation of a new service. The nonrecurring charge described in (l) preceding will apply for this work activity. Moves that change the physical location of the point of termination are described below. 3.1.1.6.2.1Moves Within the Same Building When the move is to a new location within the same building, the charge for the move will be an amount equal to one half of the nonrecuning charge for the capacity affected. There will be no change in the minimum period requirements. 3.1.1.6.2.2 Moves to a Different Building Moves to a different building will be treated as a discontinuance and start of service and all associated nonrecurring charges will apply. New minimum period requirements will be established for the new service. The Customer will also remain responsible for satisfying all outstanding minimum period charges for the discontinued service. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 70 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.1 Access Service Order (cont'd) 3.1.1.7 Network Blocking Charge The Customer will be notified by the Company to increase its capability (busy hour minutes of capacity or quantities of trunks) when excessive trunk group blocking occurs on groups carrying Feature Group D traffic and the measured access minutes for that hour exceed the capacity purchased. If the order for additional capacity has not been received by the Company within 15 days of the notification, the Company will bill the Customer, at the rate set forth in 5.l.3.5follofrng, for each overflow in excess of ordered capacity. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 7l 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.2 Standard Service Components The following service components apply to all forms of Switched Access Service, except as stated in 3.1.3: -Tandem Switching -Local Transport -End Office Switching -Multiplexing -Common Port 3.1 .2.1 Tandem Switching The Tandem Switching rate category provides for the processing and aggregation of minutes between various end offrce switches and the tandem switch that those end office switches sub-tend. The traffrc that is tandem switched can be local, intraLATA, intrastate, transit or other traffic. 3.1 .2.2 Local Transport The Local Transport rate category provides for transmission facilities between the Customer's premises or collocated interconnection location and the Company's end office switch(es) where the Customer's traffic is switched to originate or terminate its communications. Except as stated in the following paragraph, Local Transport service is can be provided in conjunction with an incumbent local exchange company. Charges for Local Transport service are computed in accordance with Section 2.6.5 preceding (Ordering, Rating, and Billing of Access Services Where More Than One Exchange Telephone Company Is Involved). For purposes of determining Local Transport Mileage, distance will be measured from the wire center that normally serves the Customer's premises to the end office switch(es). Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. I Original Page72 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.2 Local Transport (cont'd) The Company will provide Direct Trunked Transport between a Customer's premises and the Company's end office switch(es) upon request. At the Customer's option, Entrance Facility, Direct Trunked Transport, and STP Link Transport, may be provided by the Company, by the Customer, or by another carrier. If Direct Trunk Transport facilities are terminated at a Company end office switch location by a Customer, or by another carrier on behalf of a Customer, Entrance Facility Termination charges as described in 3.1.2(B)(l) will apply, but no other Local Transport elements will be charged. Where Common Channel Signaling Access is ordered by a Customer that uses Direct Trunk Transport facilities, the STP Port charge as described in 3.1.2(B)(7) will also apply. The following paragraphs describe the Local Transport rate elements. Local Transport - Entrance Facility; Common Switched Transport; Direct Trunked Transport; Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. I Original Page73 3.r SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.2 Local Transport (cont'd) 3.1.2.2.1 Local Transport-Entrance Facility A Local Transport-Entrance Facility provides the communication path between a Customer's premises and the Company serving wire center of that premises for the sole use of the Customer. The Local Transport-Entrance Facility category is comprised of a DSl rate. A Local TransportEntrance Facility is required whether the Customer's premises and the serving wire center are located in the same or different buildings. 3.1.2.2.2.2 Local Transport Common Switched Transport 3.1.2.2.2.1 The Local Transport Termination service component provides for that portion of the voice frequency transmission path at the end office and at the Customer's premises. 3.1.2.2.2.2 The Local Transport Facility service component provides for that portion of the voice frequency transmission path between the end office and at the Customer's premises. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page74 lssued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page75 SERVICE AND RATE DESCRIPTIONS 3.1 Access Services (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.2 Local Transport (cont'd) 3.1.2.2.3 Local Transport Direct Trunked Transport The Local Transport-Direct Trunked Transport provides the transmission path from the serving wire center of the Customer's premises to an end office or as an option from the serving wire center to a tandem. This transmission path is dedicated to the use of a single Customer. The Local Transport-Direct Trunked Transport rate category is comprised of a monthly fixed rate and a monthly per mile rate based on the facility provided. The fixed rate provides the circuit equipment at the ends of the transmission links. The per mile rate provides the transmission facilities, including intermediate transmission circuit equipment, between the end points of the circuit. The Local Transport- Direct Trunked Transport rate is the sum of the fixed rate and the per mile rate. For purposes of determining the per mile rate, mileage shall be measured as airline mileage between the serving wire center of the Customer's premises and the end office or directly to the access tandem using the V&H coordinates method. 3.1.2.2.4 The Local Transport-Interconnection Charge provides for interconnection with the Company's Switched Access network. This rate element will be applied to all Switched Access minutes of use (except Local Exchange Access Service) that originate or terminate at a Company end office. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page76 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.2 Local Transport (cont'd) 3.1.2.2.5 Local Transport Facilities DSI facilities are available for Local Transport-Entrance Facilities and for Local Transport-Direct Trunked Transport facilities. A DSI facility is capable of transmitting electrical signals at a nominal 1.544 Mbps, with the capability to channelize up to 24 voice-frequency transmission paths. 3.1.2.2.6 Common Channel Signaling Access (CCSA) is comprised of a STP Port Termination rate and a STP Link Transport rate. The STP Port Termination rate provides for the point of termination to the signal switching capability of the STP. The STP Link Transport rate provides for the transmission facilities between the serving wire center of the customer designated premises and the Company STP. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: 3.r Local Access LLC Idaho TariffNo. I Original Page77 SERVICES AND RATE DESCRIPTIONS Access Service (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.2 Local Transport (cont'd) 3.1.2.2.7 Interface Groups The Interface Group is provided for terminating the Local Transport at the Customer's premises. The Interface Group provides a specified premises lnterface. Where transmission facilities permit, the individual transmission path between the Customer's premises and the first point of switching may at the option of the Customer be provided with optional features. lnterface Group 1 provides DSl level digital transmission at the point of termination at the Customer's premises. The interface is capable of transmitting electrical signals at a nominal 1.544 Mbps, with the capability to channelize up to 24 voice frequency transmission paths. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 78 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.2 Standard Service Components (cont'd) 3.1.2.3 End Office Switching The End Office service component provides the local end office switching and end user termination functions necessary to complete the transmission of Switched Access communications to and from the end users served by the Company's end office. The End Office rate category consists of the Local Switching rate element. The Local Switching service component provides for: a) the use of end office switching equipment; b) the terminations for the end user common lines terminating in the local end office; and c) the termination of a call at a Company Intercept operator or recording. The operator or recording tells a caller why a call, as dialed, could not be completed, and if possible, provides the correct number. Intercept rates are assessed to a Customer based on the total number of access minutes. 3.1.2.4 Common Port The Common Port service component provides a non- discriminatory access to a port on the Company's switch for the origination or termination of telecommunications traffic. 3.1.2.5 Multiplexing The Multiplexing service component provides a lower rate of speed service to connect with a higher rate of speed transport element. It also allows for a higher rate of speed service to disseminate traffic to lower speed services or transport. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page79 Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 80 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) 3.1.3 Other Rate Categories 3.1.3.1 Toll Free Data Base Access Service Toll Free Data Base Access Service is a service offering utilizing originating trunk side Switched Access Service. The service provides for the forwarding of end user dialed Toll Free calls to a Company Service Switching Point which will initiate a query to the database to perform the Customer identification and delivery function. The call is forwarded to the appropriate Customer based on the dialed Toll Free number. 3.1.3.1.1 Customer Identification Charge The Toll Free Data Base Access Service Customer Identification applies for the identification of the appropriate Customer. The charge is assessed to the Customer on a per query basis and may include an area of service which may range from a single NPAA{XX to an area consisting of all LATAs and NPAs in the given state under which this tariffapplies. 3.1.3.1.2 Toll Free Number Reservation The Toll Free Number Reservation service applies to the request of the Customer to have the Company attempt to reserve a specific toll free number for the Customer. The Company will not guarantee that a specific toll free number in any of the toll free prefixes (800, 877, 888, 866 or future prefixes as designated by the NANPA) will be available at the time a Customer requests the specific number. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 8l Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 82 3.1 SERVICE AND RATE DESCRIPTIONS Access Services (cont'd) This page left intentionally blank. Issued: Local Access LLC 11442 Lake Butler Blvd. WindermereFL 34786 lssued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 83 SERVICE AND RATE DESCRIPTIONS Miscellaneous Services 3.2.1 Presubscription 3.2.1.1 Presubscription is an ilrangement whereby an end user may select and designate to the Company an interexchange carrier (IC) to access, without an access code, for intrastate interLATA calls and interstate interLATA calls subject to the Company's FCC Access Services Tariff. This IC is referred to as the end user's Primary Interexchange Carrier (PIC). The end user may select as its PIC the Company, or any other IC that orders originating Feature Group D Switched Access Service at the end office that serves the end user. After the end user's initial selection of a pre-designated IC, for any additional change in selection, a nonrecurring charge, as set forth in Section 5.2.1, applies. 3.2.1.2 At the request of a new or existing end user served by a Feature Group D end offrce, the Company will provide a list of ICs the end user may select as its PIC. At no additional charge for the initial selection, the customer may choose either of the following options. - Designate an IC as a PIC and dial IOXXX or 101XXXX to reach other ICs. - Designate that they do not want to be presubscribed to any IC and choose to dial 10XXX or l0IXXXX for all calls to all ICs. New end users subscribing to the Company's Local Exchange Service which do not specify a PIC will default to the Company as their initial PIC selection. Subsequent to the installation of Local Exchange Service, and after the end user's initial selection of a PIC, for any additional change in selection, a nonrecurring charge as set forth in Section 5.2.1, applies. This charge is billed to the end user who is the subscriber to the Local Exchange Service and applies only for selection of an IC which provides only intrastate service. 3.2 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 84 SERVICE AND RATE DESCRIPTIONS Miscellaneous Service (cont'd) 3.2.2 Per-call Payphone Compensation A surcharge shall be assessed for each call made from a pay telephone to a Company-provided toll-free number or placed by using a calling card and dialing the Company's prefix in the form l010XXXX. This charge is to compensate the Company for the Federal Communications Commission ordered assessment, which is paid by the Company to pay telephone service providers for the use of their pay telephone instruments. The surcharge is also known as a "dial around" charge. 3.2.3 Local Number Portability (LNP) Querr), Service LNP Query Service is a capability that utilizes Advanced Intelligent Network (Af$ technology to query a data base to secure network routing instructions before completion of a call. The database contains information about end users which have ported their service from the donor switch. At a minimum, the database contains the Location Routing Number (LRN) which identifies the Local Service Provider's (LSP) switch serving each ported end user. The LRN is used to direct the call to the correct switch for completion to the end user. Where more than one network is involved in completing the call, the network just before the terminating network (i.e., the N-l Network) is responsible for querying a LNP data base to secure the LRN. The rates and chaxges associated with LNP Query Services are "query" based and will be billed on a monthly basis, based on recorded usage. Query charges will be applied by the Telephone Company based upon the recordings ofcarrier queries to the database. Ifsuch recordings are not available, the Telephone Company will develop monthly charges based on an average number of queries per month. 3.2 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. 1 Original Page 85 BILLING AND COLLECTION SERVICES General The company will provide the following services: -Recording Service -Automatic Number ldentifi cation (ANI) -Billing Name and Address (BNA) Recording Services Recording is the entering on magnetic tape or other acceptable media the details of Customer messages originated through Switched Access Service. Recording is provided 24 hours a day,7 days a week. The Company will provide Recording Service in association with the offering of Feature Group D Switched Access Service for Customer messages that can be recorded by Company provided automatic message accounting equipment. At the request of the Customer, Recording Service will be provided for Feature Group D Switched Access Service on an end office and type of call basis. Type of call means message telecommunications service (MTS) including 700 and 900 Service, calls originating and/or terminating over a WATS access line, and station message detail recording for MTS and calls originating from a WATS access line. The Company will provide Recording Service in its operating territory. The minimum territory for which the Company will provide Recording Service is all the appropriately equipped offices in a state operating territory for which the Customer has ordered Feature Group D Switched Access Service. A state operating territory of particular telephone company includes all its LATAs or market areas which are located in the same state including the areas in contiguous states which are assigned to such LATAs or market areas and served by the same Company. 4.1 4.2 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idatro TariffNo. I Original Page 86 BILLTNG AND COLLECTION SERVICES Recording Service (cont'd) For Feature Group D Switched Access Service, the term "customer message" used herein denotes an intrastate call originated by a Customer's end user. Station message detail recording is an optional feature which provides a record of customer messages originated by MTS and WATS access lines. Such detail will be provided as part of Feature Group D end office and type of call Recording Service when requested by the Customer. 4.2.1 Undertaking of the Company 4.2.1.1The Company will record all customer messages carried over Feature Group D Switched Access Service that are available to Company provided recording equipment of operators. Unavailable customer service messages will not be recorded. The recording equipment will be provided at locations selected by the Company. 4.2.1.2 A standard format for the provision of the recorded customer message detail will be established by the Company and provided to the Customer. If, in the course of Company business, it is necessary to change the format, the Company will notify the involved Customers six months prior to the change. Assembly and Editing, Provision of Customer Detail, Data transmission toa Customer location, special orders for recording and program development will be provided to the Customer on a contractual basis 4.2.I.3 Recorded customer message detail which is used at the request of the Customer to provide Message Processing and Message Bill Processing Service is not retained by the Company for longer than 45 days. The rated but unbilled message detail and the billed message detail are retained for reference in place of the recorded customer message detail. For recorded customer message detail not used by Message Processing Service at the Customer's request, the Company will make every reasonable effort to recover recorded Customer message detail previously made available to the Customer and make it available again. 4.2 lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 87 BILLING AND COLLECTION SERVICES 4.2 Recording Services (cont'd) 4.2.1 Undertaking of the Company (cont'd) 4.2.1.3 (cont'd) for the Customer. The charges as set forth in 5.3.1 following will apply for all such detail provided. Such a request must be made within thirty (30) days from the date the details were initially made available to the Customer. 4.2.2 Liability of the Company* Notwithstanding 4.2.1 preceding, the Company liability for Recording Service is as follows: Unless there is an expressed written agreement to the contrary, in the absence of gross negligence or willful misconduct, no liability for damages to the Customer or other person or entity other than as set for in (A) and (B), preceding shall attach to the Company for its action or the conduct of its employees in providing Recording Service. 4.2.3 Obligations of the Customer 4.2.1.4 The Customer shall order Recording Service under a Special Order. The Customer shall order Recording Service at least one month prior to the date then the Customer message detail is to be recorded, unless Customer's request requires that Recording Service be provided by end office and type of call, then the ordering interval will be determined on an individual case basis. *The included exculpatory language does not constitute a determination by the Commission that a Limitation of liability imposed by the company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to determinate the validity of the exculpatory clause. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 88 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 89 BILLING AND COLLECTION SERVICES 4.2 Recording Services (cont'd) 4.2.4 Payment Arrangements and Audit Provision 4.2.4.1 Notice and Scope The Customer shall order Recording Service for Feature Group D Switched Access by end offrce and type of call in accordance with the terms and conditions established on an individual case basis Special Order. 4.2.4.1Upon forty-five (45) days' prior written notice by the Customer to the Company (or such shorter period as the parties may mutually agree upon), the Customer or its authorized representative shall have the right to commence an audit during normal business hours and at intervals of no more than one audit in any six-month billing period. The audit will be limited to all such records and accounts as may, under recognized accounting practices, contain information bearing upon amounts subject to being billed to the Customer's end users by the Company as part of its provision of Billing and Collection Services and the changes to the Customer for other services provided by the Company pursuant to this tariff. 4.2.4.2 The written notice of audit shall identifu the date upon which it is to commence, the location, the Customer's representatives, the subject matter of the audit, and the materials to be reviewed. 4.2.4.3 The written notice of audit shall be directed to the Company's representative at the address stipulated by such representative. lssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 90 Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 91 BTLLING AND COLLECTION SERVICES 4.2 Recording Services (cont'd) 4.2.4 Payment Arrangements and Audit Provision (cont'd) 4.2.4.1Notice and Scope (cont'd) 4.2.4.1.4 The Company may, within thirty (30) days of receipt of the Customer's notice of audit, postpone commencement by written notice for a period not to exceed fifteen (15) days, but only for good cause. The Company shall also indicate the new date for coflrmencement of said audit. 4.4.2.1.5 Upon completion of the audit, the Customer's auditors are to provide an oral report of their findings to the Company prior to their departtre, followed by a letter within thirty (30) days confirming findings and postponed completion. 4.2.4.2 Payment of Expense Each party shall bear its own expenses in connection with the conduct of an audit. Special data extractions required by the Customer for its representative to conduct the audit will be paid for by the Customer. "Special data extraction" for auditing purposes shall mean programming, clerical and computer time required to create an output record (from existing data files) that cannot normally be created from current software programs in the production program library. 4.2.4.3 Requests for Examinations In addition to audits, the Customer, or its representatives, may request, from time to time, the opportunity to conduct an examination, as defined in 4.2.4.3.2 following. The Company will make reasonable efforts to accommodate requests for examination and to cooperate in the conduct of an examination. Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Local Access LLC Idaho TariffNo. I Original Page92 4.2 BILLING AND COLLECTIONI SERVICES Recording Services (cont'd) 4.2.4 Payment Arrangements and Audit Provisions (cont'd) 4.2.4.3 Requests for Examinations (cont'd) 4.2.4.3.2 An "Examination" shall, for purposes of this section, constitute a reasonable inquiry on a single issue or a specific topic related to Billing and Collection Service for a stated reason. Upon concurrence by both parties that errors or omissions exist, adjustment shall be made by the proper party to compensate for any errors or omissions disclosed by such examination or audit. 4.2.4.4 Audit Provision All information received or reviewed by the Customer or its authorized representative is to be considered confidential and is not to be distributed, provided or disclosed in any form to anyone not involved in the audit, nor is such information to be used for any other purposes. 4.2.4.5 Minimum Period and Minimum Monthly Charge The minimum period for which Recording Service without sorting is proved and for which charges apply is one month. 4.2.4.6 A Customer may cancel a Special Order for Recording Service on any date prior to the service date. The cancellation date is the date the Company receives written or verbal notice from the Customer that the Special Order is to be canceled. Their verbal notice must be followed by written confirmation within ten (10) days. The service date for Recording Service is the date the Customer requests the recording to start. When a Customer cancels a Special Order for. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 93 BILLING AND COLLECTION SERVICES 4.2 Recording Services (cont'd) 4.2.4 Payment Arrangements and Audit Provisions (cont'd) 4.2.4.6 Cancellation of a Special Order (cont'd) Recording Service after the order date but prior to the start of service, a Special Order charge and the minimum monthly charges will apply. 4.2.4.7 Changes to Special Orders When the Customer requests material changes to a pending Special Order for Recording Service, the pending Special Order will be canceled and the requested changes will be undertaken if they can be accommodated by the Telephone Company under a new Special Order. All cancellation charges as set forth in (C) preceding will apply for the canceled Special Order. 4.2.5 Rate Regulations The Special Order charge applies for each Special Order accepted by the Company for Recording Service or for a subsequently requested change. 4.3 Automatic Number Identification Automatic Number Identification (ANI) provides the automatic transmission of a seven or ten-digit number and information digits to the Customer's premises for calls originating in the LATA, to identifu the calling telephone number. The ANI feature is an end office software function which is associated on a call-by-call basis with (l) all individual transmission path in a trunk group routed directly between an end offrce and a Customer's premises or, where technically feasible, with (2) all individual transmission paths in a trunk group between an end office and an access tandem, and a trunk group between an access tandem and a Customer's premises. Issued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Effective: Local Access LLC Idatro TariffNo. I Original Page94 BILLING AND COLLECTION SERVICES Automatic Number Identifi cation (cont'd) 4.3.1 Rate Regulations When Automatic Number Identification (ANI) is delivered (with Feature Group D originating) and the Customer is charged the recording rate as set forth in Section 5.3.1, the ANI rate does not apply. If the Customer is not charged the recording rate, the ANI rate as set forth in Section 5.3.2 will apply for each ANI record delivered to the Customer. Billing Name and Address Services Billing Name and Address (BNA) Service is the provision of the complete billing name, street address, city or town, state and zip code for a telephone number assigned by the Company. BNA Service is provided for the sole purpose of permitting the Customer to bill its telephone communications service to its end users and may not be resold or used for any other purpose, including marketing activity such as market surveys or direct marketing by mail or by telephone. The Customer may not use BNA information to bill for merchandise, gift certificates, catalogs or other services or products. BNA Service is provided on both a manual and mechanized basis. On a manual basis, the information will be provided by voice telecommunications or by mail, as appropriate. On a mechanized basis, the information will be entered on magnetic tape containing recorded Customer messages, BNA information is furnished for sent-paid, collect, bill to third number, 700 and 900 service messages and messages charged to a calling card that is resident in the Company's data base. 4.3 4.4 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 95 BILLING AND COLLECTION SERVICES Billing Name and Address Service (cont'd) 4.4.1 Undertaking of the Company 4.4.1.1 A request for information on over 100 and up to 500 telephone numbers should be mailed to the Company. The Company will provide the response by first class U.S. Mail within ten (10) business days. 4.4.1.2 Upon receipt of a magnetic tape of recorded Customer messages, the Company will, at the request of the Customer, provide BNA Service on a mechanized basis. The tape of messages may be provided by the Customer or, where the Customer subscribes to Recording Service as set forth in4.l.2 preceding, may be the output from that service. The Company will enter the BNA information on the recorded message tape and send the tape to the Customer by first class U.S. Mail. Other methods of delivering the data may be negotiated, and charges based on cost will apply. The Company will provide a response to Customer-provided tapes by mail within six (6) business days of receipt. The Company will process and mail tapes which are the output of Recording Service every fifth business day. 4.4.1.3 The Company will specify the format in which requests and tapes are to be submitted. Issued: Issued BY: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 4.4 Local Access LLC Idaho Tariff No. I Original Page96 4.4 BILLING AND COLLECTION SERVICES Billing Name and Address Service (cont'd) 4.4.1 Undertaking of The Company (cont'd) 4.4.1.4 The BNA information will be provided for the calling number furnished to the extent a billing name and address exists in the Company' records, including non-published and non-listed numbers. If the billing name and address information for a specific calling number is confidential due to legal, national security, end user or regulatory imposed requirements, the Company will provide an indicator on the confidential records. 4.4.1.5 The Company will provide the most current BNA information resident in its database. Due to normal end user account activity, there may be instances where the BNA information provided is not the BNA that was applicable at the time the message was originated. 4.4.2 Obligations of the Customer 4.4.2.1 With each order for BNA Service, the Customer shall identiff the authorized individual and address to receive the BNA information. 4.4.2.2 A Customer which orders BNA Service on a mechanized basis and which intends to submit tapes of record messages for processing must provide the Company with an acceptable test tape or transmission which includes all call types for which BNA information may be requested. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page97 4.4 BILLING AND COLLECTION SERVICES Billing Name and Address Services (cont'd) 4.4.2 Obligations of the Customer (cont'd) 4.4.2.3 A Customer which orders BNA Service on a mechanized basis and which intends to submit tapes of record messages for processing must provide the Company with an acceptable test tape or transmission which includes all call types for which BNA information may be requested. 4.4.2.4 The Customer shall not publicize or represent to others that the Company jointly participates with the Customer in the development of the Customer's end user records, accounts, data bases or market date, records, files and data bases or other systems it assembles through the use of BNA Service. 4.4.2.5 When the Customer orders BNA Service for both interstate and intrastate messages, the projected percentage of interstate use must be provided in a whole number to the Company. The Company will designate the number obtained by subtracting the projected interstate percentage from 100 (lOO-projected interstate percentage : intrastate percentage) as the projected intrastate percentage. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 98 Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 99 4.4 BILLING AND COLLECTION SERVICES Billing Name and Address Service (cont'd) 4.4.2 Obligations of the Customer (cont'd) 4.4.2.5 (cont'd) This whole number percentage will be used by the Company to apportion the rates and nonrecurring charges between interstate and intrastate in those circumstances where the recorded message detail is not suffrcient to permit the Company to determine the appropriate jurisdiction. This percentage will remain in effect until a revised report is received as set forth following. Effective on the first of January, April, July and October of each year the Customer may update the jurisdictional report. The Customer shall forward to the Company, to be received no later than 20 calendar days after the first of each such month, a revised report showing the interstate percentage of use for the past three months ending the last day of December, March, June and September, respectively. Except where jurisdiction can be determined from the recorded message detail, the revised report will serve as the basis for the next three months billing and will be effective on the bill date in the following month (e.g., February, May, August and November). No prorating or back billing will be done based on the report. If the Customer does not supply the report, the Company will assume the percentages to be the sirme as those provided in the last quarterly report. For those cases in which a quarterly report has never been received from the Customer, the Company will assume the percentages to be the same as those provided in the order for service. Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 100 BILLING AND COLLECTION SERVICES Billing Name and Address Service (cont'd) 4.4.3 Rate Regulation 4.4.3.1 Service Establishment Charges apply for the initial establishment of BNA Service on a manual basis, for the initial establishment of BNA Service on a mechanized basis and for establishment of a Master List for a Customer. 4.4.3.2 A charge applies for each request for BNA information for a telephone number provided on a manual basis. A charge applies for each message processed to supply BNA information on a mechanized basis. The Company will keep a count of the requests and of the messages processed. The Company will bill the Customer in accordance with these counts whether or not the Company was able to provide BNA information for all requests and messages. 4.4.3.3 Where the recorded message detail is sufficient to determine a message is an intrastate message, the rates set forth in 5.3.3 following apply to each such message. Usage for which the recorded message detail is insufficient to determine jurisdiction will be prorated by the Company between interstate and intrastate. The percentages provided in the reports as set forth in 4.4.2.5 preceding will serve as the basis for prorating the charges. The intrastate charges are determined as follows: For usage sensitive (e.g., requests or messages processed) chargeable rate elements, multiply the intrastate percent times actual use times the stated tariff rate. 4.4 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 101 5.1 Access Service 5.1.1 Service Orders 5.1.1.1 Service Implementation 5.1.1.1.1 Installation Charge - Per Circuit 5.1.L.1.2 Access Order Charge - Per Request 5.1.1.2 Service Date Change - Per Access Order 51.1.3 Design Change - Per Access Order 5.1.2 Switched Access Service Tandem Switched Access End Office Switched Access $2s0 $100 $100 $100 Per Minute $0.001098 $0.003722 Issued By: Jim Finneran COOIssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 102 RATES 5.1 Access Service (cont'd) 5.1.3 Local Transport 5.1.3.1 Entrance Facility DSI DS3 5.1.3.1.1 DSI - Per Point of Termination 5.1.3.1.2 DS3 - Per Point of Termination 5.1.3.1.3 Installation - Per DSI - Per DS3 5.1.1.2 Direct Trunked Transport Monthly Recurring $158.16 $700.00 Non Recurring Charge $s00.00 $700.00 Facility Mileaee Monthly Rate Per Mile NRC $30.00 $3s0.00 $13.00 $300.00 $57.00 $1,200.00 Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho TariffNo. I Original Page 103 RATES 5.1 Access Services (cont'd) 5.1.3 Local Transport (cont'd) 5.1.3.3 Network Blocked Charge 5.1.3.4 Chargeable Optional Features 5.1.3.4.1 SS7 Signaling Option Conversation, non-recurring -Per First Trunk Converted -Per Additional Trunk Converted 5.1.3.4.2 Change in Point Code - Per Change 5.1.3.5 Multiplexing DS3 to DSl, per multiplexer 5.1.3.6 Dedicated Switch Port Per DSI port 5.1.3.7 Cross Connect Per connection (DSl Level) Rate Per Call Blocked $0.01 $17s.00 $50.00 $200.00 $s00.00 sls.00 Issued: Issued BY: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Effective: Local Access LLC Idaho Tariff No. I Original Page 104 5.1 RATES Access Services (cont'd) 5.1.3 Local Transport (cont'd) 5.1.3.8 Non'Chargeable Optional Features 5.1.3.8.1 Supervisory Signaling 5.1.3.8.2 s.1.3.8.3 DX Supervisory Signaling arrangement -Per Transmission Path SF Supervisory Sigualing arrangement -Per Transmission Path E&M Types I, [I, & III Supervisory Signaling arrangement -Per Transmission Path Signaling System 7 64 kbps Clear Channel Capability -Per Transmission Path Issued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Issued By: Jim Finneran COO Effective: Local Access LLC Idaho Tariff No. I Original Page 105 5.1 Access Services (cont'd) 5.1.4 End Office 5.1.4.1 Common Switching Chargeable Optional Features Access Service (cont'd) 5.1.4 End Office (cont'd) Local Switching (cont'd) Automatic Number ldentification/SS7 Number -Per Attempt $0.0025 5.1.4.2 Common Switching Non Chargeable Optional Features Service Class Routing - available with FGD -Per Transmission Path Group Alternative Traffic Routing - available with FGD -Per Transmission Path Group International Carrier Option - available with FGD -Per End Office and Access Tandem SS7 Signaling Option - available with FGD -Calling Party Number Carrier Selection Parameter - available with FGD 5.1 lssued: Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Effective: Local Access LLC Idaho TariffNo. I Original Page 106 5.1.4.3 Trunk Side Transport Termination Non Chargeable Options Standard Trunk for Originating, Terminating or Two-way Operation Operator Trunk, Full Feature Arrangement Operator Trunk, Assist Feature 5.1.4.4 Non Chargeable SS7 Signaling Option Calling Party Number - available with FGD Charge Number - available with FGD Carrier Selection Parameter - available with FGD Access Transport Parameter - available with FGD 5.1 RATES Access Services (cont'd) 5.1.5 Toll Free Data Base Access Services 5.1.5.1 Customer Identification - Per Query 5.1.5.2 Toll Free Number Reservation -Per Toll Free Number Miscellaneous Services 5.2.1 Presubscription Presubscription Rate $0.004r86 $1.00 Non- Recurrine Charee $1.2s $0.00 5.2 -Per Telephone Exchange Service/ Line or Trunk Manual -Per Telephone Exchange Service Automatic lssued By: Jim Finneran COOlssued: Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho TariffNo. I Original Page 107 5.3 5.2.2 Per Call Payphone Recovery Per call 5.2.3 LNP Query Per Query RATES Billing and Collection Services 5.3.1 Recording Per Customer Message 5.3.2 Automatic Number Identification Per Attempt 5.3.3 Billing Name and Address Mechanized Transaction -Service Establishment Charge -Query Charge - Per Telephone Number Transit Traffic Service Per Minute of Use 5.4 Retail Business Plan Rates 5.4.1 Basic Small Business Service Plan (Unlimited Local and Domestic Long Distance) 5.4.2 Basic Small Business Service Plan with Vertical Features Recurring Charge $0.s0 $0.002 Recurring Charge $0.02s $0.020 $125.00 $0.20 $0.03500 Rate $39.e9 $49.99 5.4 Issued By: Jim Finneran COO Local Access LLC 11442 Lake Butler Blvd. Windermere FL 34786 Local Access LLC Idaho Tariff No. I Original Page 108 Issued: Issued By: Jim Finneran COO Effective: Local Access LLC 11,442 Lake Butler Blvd. Windermere FL 34786