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HomeMy WebLinkAbout20081230Revised Proposed Tariff.pdfBOULT. CUMMINGS Qì CONNERS. BERRYPLc Rose Mulvany-Henry (615) 252-46 Fax: (615) 252-4713 Email: itenry~boultcummings.com Ms. Jean D. Jewell, Secretar Idaho Public Utilities Commission 472 W. Washington Street Boise,ID 83702 c:-l-i-_':0December 29, 2008 Rï~,,,l'O 3::2 MAlr-- 1- oS"" -:~~; ù: ~.o--,0'",,,a,",. ~~("(.o !iScJcJ :;m()m- ,zç::","Via Federal Express '"'' Re: Application of Momentum Telecom, Inc. for a Certificate of Public Convenience and Necessity to Provide Facilties~Based Local Exchange and Resold Interexchange Telecommunications Servces with the State ofIdaho Dear Ms. Jewell: On behalf of Momentu Telecom, Inc. ("Momentu"), please fid enclosed an original and thee (3) copies of Momentu's Local Exchange Telecommuncations Tarff ("Tarff'), revised in accord with Staff recommendations. An electronic version of the Tarff contaned in this Application is also included on the enclosed disk. Momentu respectfully requests that this tarff filing replace the previously filed version with Momentu's Application. Additionally, Momentu states for the record as par of its Application in the above- referenced matter that it will comply with all federal. and state guidelines that monitor and regulate the Idaho area code(s). Specifically, Momentu wil comply with Commission Order No. 30425 - Mandatory Pooling. Please date stamp and retu the enclosed extra copy of ths filing in the self-addressed, postage-prepaid envelope provided. Should you have any questions concerng ths mater, please do not hesitate to contact the underigned at (615) 252~4634. Ver try yours, BOULT, CUMMINGS, CONNRS & BERRY, PLC By: 1 e! m. iH/liAi/~ Rose Mu1vany~Henr RMHlLFD Enclosures 102168-021 12/29/2008 LAW OFFICES 1600 DIVISION STREET. SUITE 700 . P.O. BOX 340025 . NASHVILLE. TN. 37203 TELEPHONE 615.244.2582 FACSIMILE 615.252.638 ww.boultcummings.com Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No. 1 Original Title Page RULES, REGULATIONS, AND SCHEDULE OF RATES AND CHARGES APPLICABLE TO END USER LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES FURNISHED BY MOMENTUM TELECOM, INC. WITHIN THE STATE OF IDAHO Issued:Effective: Issued by:Charles E. Richardson, III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Competitive Local Exchange Service TABLE OF CONTENTS Description TITLE PAGE Cover TABLE OF CONTENTS CHECK SHEET TARIFF FORMAT EXPLANATION OF SYMBOLS APPLICATION OF TARIFF SECTION 1 - DEFINITIONS SECTION 2 .. RULES AND REGULATIONS SECTION 3 .. SERVICE AREAS SECTION 4 .. SERVICE CHARGES AND SURCHARGES SECTION 5 .. NETWORK SERVICES DESCRIPTIONS SECTION 6 .. FACILITIES BASED SERVICES SECTION 7 - LOCAL SERVICES PRICE LIST SECTION 8.. DIRECTORY ASSISTANCE AND LISTING SERVICES SECTION 9 .. OPERATOR SERVICES SECTION 10 - MISCELLANEOUS SERVICES SECTION 11.. PRIVATE LINE SERVICES SECTION 12 - SPECIAL ARRANGEMENTS SECTJON 13 .. PROMOTIONAL OFFERINGS Issued: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 1 Effective: Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 2 Competitive Local Exchange Service CHECK SHEET The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised pages as named below contain all changes from the original tariff that are in effect on the date shown on each page. Page Page Number Revision Number Revision Title Page Original 31 Original 1 Original 32 Original 2 Original 33 Original 3 Original 34 Original 4 Original 35 Original 5 Original 36 Original 6 Original 37 Original 7 Original 38 Original 8 Original 39 Original 9 Original 40 Original 10 Original 41 Original 11 Original 42 Original 12 Original 43 Original 13 Original 44 Original 14 Original 45 Original 15 Original 46 Original 16 Original 47 Original 17 Original 48 Original 18 Original 49 Original 19 Original 50 Original 20 Original 51 Original 21 Original 52 Original 22 Original 53 Original 23 Original 54 Original 24 Original 55 Original 25 Original 56 Original 26 Original 57 Original 27 Original 58 Original 28 Original 59 Original 29 Original 60 Original 30 Original Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No.1 Original Page 3 Competitive Locl Exchange Service TARIFF FORMAT A. Sheet Numbering - Sheet numbers appear in the upper right corner of the page. Sheets are numbered sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be 14.1. B. Shee Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current sheet version on file with the IPUC. For example, the 4th~ revised Sheet 14 cancels the 3rd revised Sheet 14 C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 2. 2.1 2.1.1 2.1.1.A. 2.1.1.A.1. 2.1.1.A.I.(a). 2.1.1.A.I.(a).1. 2.1.1.A.I.(a).I.(i). 2.1.1.A.I.(a).I.(i).(1 ). D. Check Sheets - When a tariff filng is made with the IPUC, an updated check sheet accompanies the tariff filng. The check sheet lists the sheets contained in the tariff, with a cross-reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. All revisions made in a given filng are designated by an asterisk (*). There wil be no other symbols used on the check sheet if these are the only changes made to it Q., the format, etc. remains the same, just revised revision levels on some pages). The tariff user should refer to the latest check sheet to find out if a particular sheet is the most current on file with the Idaho Public Utilties Commission. Issued: Effective: Issued by:Charles E Richardson IIi, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 4 Competitive Local Exchange Service EXPLANATION OF SYMBOLS The following symbols shall be used in this tariff for the purpose indicated below: (C) - To signify changed regulation. (D) - To signify discontinued rate or regulation. (I) - To signify increased rate. (M) - To signify a move in the location of text. (N) - To signify new rate or regulation. (R) - To signify reduced rate. (S) - To signify reissued matter. (T) - To signify a change in text but no change in rate or regulation. Issued: Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 , Idaho PUC Tariff NO.1 Original Page 5 Competitive Local Exchange Service APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the locl exchange and exchange access services within the State of Idaho. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 6 Competitive Local Exchange Service SECTION 1 - DEFINITIONS For the purpose of this tariff, the following definitions wil apply: Account Codes: Permits Centrex Stations and attendants to dial an account code number of up to eight digits. For use when placing calls over facilties arranged for Automatic Message Accounting (AMA) recording. The account or project number must be input prior to dialing the called number. Advance Payment: Part or all of a payment required before the start of service. Automatic Number Identification ("ANI"): Allows the automatic transmission of a caller's billng account telephone number to a local exchange company, interexchange carrier or a third part subscriber. The primary purpose of ANI is to allow for biling of toll calls. Bit: The smallest unit of information in the binary system of notation. Collocation: An arrangement whereby the Company's switching equipment is located in a local exchange Company's central office Company: Momentum Telecom, Inc. Customer or Subscriber: The person, firm or corporation which orders service and is responsible for the payment of charges and compliance with the Company1s regulations. Dedicated Inbound Calls: Refers to calls that are terminated via dedicated access facilties connecting the Customer's premises and the Company's Point of Presence ("POP"). This service is offered to the extent facilties are available and where the Company and the Customer jointly arrange for the establishment of dedicated access facilties connecting the Customer's trunk-compatible PBX or other suitable equipment to the Company's POP. The Customer shall be responsible for all costs and charges associated with the dedicated access facilties. Dedicated Outbound Calls: Refers to service that is offered to the extent facilties are available in those cases where the Company and the Customer jointly arrange for the establishment of dedicated access facilties connecting the Customer's trunk-compatible PBX or other suitable equipment to the Company's (POP) The Customer shall be responsible for all costs and charges associated with the dedicated access facilties Deposit: Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges. DID Trunk: A form of local switched access that provides the abilty for an outside part to call an internal extension directly without the intervention of the Company operator. Issued:Effective: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 7 Competitive Local Exchange Service Dial Pulse (or "DP"): The pulse tye employed by rotary dial station sets. Direct Inward Dial (or "DID"): A service attribute that routes incoming calls directly to stations, by-passing a central answering point. Direct Outward Dial (or "DOD"): A service attribute that allows individual station users to access and dial outside numbers directly. Dual Tone Multi-Frequency (or "DTMF"): The pulse tye employed by tone dial station sets. Duplex Service: Service which provides for simultaneous transmission in both directions. End Ofice: With respect to each NPA-NXX code prefix assigned to the Company, the location of the Company's "end office" for purposes of this tariff shall be the point of interconnection associated with that NPA-NXX code in the Local Exchange Routing Guide ("LERG"), issued by Bellcore. Exchange Telephone Company or Telephone Company: Denotes any individual, partnership, association, joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in providing public switched communication service throughout an exchange area, and between exchange areas within the LATA. Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light beam carryng communications signals may be transmitted by means of multiple internal reflections to a receiver, which translates the message. Hearing Impaire: Those persons with communication impairments, including those hearing impaired, deaf, deaf/blind, and speech impaired persons who have an impairment that prevents them from communicating over the telephone without the aid of a telecommunications device for the deaf. Hunting: Routes a call to an idle station line in a prearranged group when the called station line is busy. In-Only: A service attribute that restricts outward dial access and routes incoming calls to a designated answer point. IXC or Interexchange Carrier: A long distance telecommunications services provider. KBPS: Kilobits per second, denotes thousands of bits per second. 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 Issued:Effective: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 8 Competitive Local Exchange Service other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff FCC NO.4. Local Interconnecion Trunklng Service: A local circuit administration point, other than a cross-connect or an information outlet that provides capabilty for routing and re-routing circuits. MBPS: Megabits, denotes milions of bits per second. Minimum Point of Presence ("MPOP"): The main telephone closet in the Customer's building. Momentum: Momentum Telecom, Inc., a Delaware corporation. Monthly Recurring Charges: The monthly charges to the Customer for services, facilties and equipment, which continue for the agreed upon duration of the service. Multi-Frequency or ("MF"): An inter-machine pulse-tye used for signaling between telephone switches, or between telephone switches and PBX/ey systems. Non-Recurring Charge ("NRC"): The initial charge, usually assessed on a one-time basis, to initiate and establish service. NPA: Numbering plan area or area code. Of-Nlr: A means for carrying and switching traffic to or from the Customer's premises, where the Company leases Other Telephone Company's facilties to deliver traffic to a Customer location. With Off- Net service, the Customers' premises is connected through such facilties directly to switching equipment leased by the Company for resale purposes from Other Telephone Companies. (Off-Net traffic consists of all traffic that is not considered to be On-Net traffic.) On-Net: A means for carryng and switching local traffic to or from the Customer's premises, where the Company connects to the MPOP in a Customer building or on a Customer's premises using Company- owned fiber facilties or local loops obtained from Other Telephone Companies. With On-Net service, the Customer's premises is connected through such facilties directly to switching equipment owned by the Company. Other Telephone Company: An Exchange Telephone Company, other than the Company. PBX: Private Branch Exchange Point of Presence ("POP"): Point of Presence Issued:Effective: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmir:gham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 9 Com petitive Local Exchange Service Recurring Charges: The monthly charges to the Customer for services, facilties and equipment which continue for the agreed upon duration of the service. Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facilty 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 Customer may mutually agree on a substitute Service Commencement Date. Service Order: The written request for Network Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this tariff, but the duration of the service is calculated from the Service Commencement Date. Shared: A facilty or equipment system or subsystem that can be used simultaneously by several Customers. Shared Inbound Calls: Refers to calls that are terminated via the Customer's Company-provided local exchange line. Shared Outbound Calls: Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local telephone lines are pre-subscribed by the Company to the Company's outbound service such that "1 + 10-digit number" calls are automatically routed to the Company's or an IXC's network. Calls to stations within the Customer's LATA may be placed by dialing "10XXX" or "101 XXXX" with 1 + 1 O-digit number." Tandem: A class 4 switch facilty to which NPA and NXX codes are subtended. Two-Way: A service attribute that includes outward dial capabilities for outbound calls and can also be used to carry inbound calls to a central point for further processing. Usage Based Charges: Charges for minutes or messages traversing over local exchange facilties. User or End User: A Customer, Joint User, or any other person authorized by a Customer to use service provided under this tariff. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 10 Competitive Local Exchange Service SECTION 2 . RULES AND REGULATIONS 2.1 Undertking of the Company The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with one-way and/or two-way information transmission originating from points within the State of Idaho, and terminating within a local callng area as defined herein. The Company is responsible under this tariff only for the services and facilties provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own Customers. 2.1.1 Shortage of Equipment or Facilties A. The Company reserves the right to limit or to allocate the use of existing facilties, or of additional facilties offered by the Company, when necessary because of lack of facilties, or due to some other cause beyond the Company's control. B. The furnishing of service under this tariff is subject to the availabilty on a continuing basis of all the necessary facilties and is limited to the capacity of the Company's facilties as well as facilties the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. 2.1.2 Terms and Conditions A.Service is provided on the basis of a minimum period of at least thirt (30) days, 24-hours per day. For the purpose of computing charges in this tariff, a month is considered to have thirty (30) days. B.Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Customers wil also be required to execute any other documents as may be reasonably requested by the Company. Except as otherwise stated in the tariff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month to month basis at the then current rates unless terminated C. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Issued: Issued by: Idaho PUC Tariff NO.1 Original Page 11 Competitive Local Exchange Service by either party upon notice. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this tarif prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination. D. Service may be terminated upon written notice to the Customer if: 1. the Customer is using the service in violation of this tariff, or 2. the Customer is using the service in violation of the law. E.This tariff shall be interpreted and governed by the laws of the State of Idaho without regard for its choice of laws provision. F.Any Other Telephone Company may not interfere with the right of any person or entity to obtain service directly from the Company. No person or entity shall be required to make any payment, incur any penalty, monetary or otherwise, or purchase any services in order to have the right to obtain service directly from the Company. G.To the extent that either the Company or any Other Telephone Company exercises control over available cable pairs, conduit, duct space, raceways, or other facilties needed by the other to reach a person or entity, the part exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilties under its control available to its Customers. At the reasonable request of either part, the Company and the Other Telephone Company shall jointly attempt to obtain from the owner of the propert access for the other part to serve a person or entity. H.The Company hereby reserves its rights to establish service packages specific to a particular Customer. These contracts mayor may not be associated with volume and/or term discounts. All service packages established by the Company wil be approved by the Commission prior to the furnishing of service. In the event that an order by a federal or state regulatory agency results, directly or indirectly, in increases to Company's costs the Company may increase rates with 30 days written notice in an amount, not greater than that necessary to preserve the margins Company had prior to such increase in cost. I. Effective: Charles E Richardson ill, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 12 Competitive Local Exchange Service 2.1.3 Limitations on Liabilty A. Except as otherwise stated in this section, the liabilty of the Company for damages arising out of either: (1) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2.7. B. Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service. c. The liabilty of the Company for errors in billng that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously biled. D. The Company shall be indemnified and saved harmless by the Customer from and against all loss, liabilty, damage and expense, including reasonable counsel fees, due to: 1.Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilties for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen, except as contracted by the Company; 2.Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailabilty, failure or malfunction of equipment or facilties provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Issued: Issued by: Idaho PUC Tariff NO.1 Original Page 13 Competitive Local Exchange Service 3.Any unlawful or unauthorized use of the Company's facilties and services; 4.Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the material transmitted by means of Company-provided facilties or services; or by means of the combination of Company-provided facilties or services; 5.Breach in the privacy or security of communications transmitted over the Company's facilties; Changes in any of the facilties, operations or procedures of the Company that render any equipment, facilties or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilties or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liabilty is limited as set forth in paragraph (A) of this Subsection 2.1.4. 6. 7.Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; 8.Injury to propert or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disabilty or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilties or equipment connected, or to be connected to the Company's facilties; 9.Any non-completion of calls due to network busy conditions; 10.Any calls not actually attempted to be completed during any period that service is unavailable; 11.And any other claim resting from any act or om ission of the Customer or patron(s) of the Customer relating to the use of the Company's services or facilties. Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 14 Competitive Local Exchange Service E. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. F. The Company makes no warranties or representations, EXPRESS OR IMPLIED, either in fact or by operation of law, statutory or otherwise, including warranties of merchantabilty or fitness for a particular use, except those expressly set forth herein. G. Failure by the Company to assert its rights pursuant to one provision of this tariff does not preclude the Company from asserting its rights under other provisions. H. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filng by the Commission recognizes that it is a court's responsibilty to adjudicate negligence and consequential damage claims. It is also a court's responsibilty to determine the validity of the exculpatory clause. . 2.1.4 Notification of Service Affecting Activities The Company wil provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilties additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers services. No specific advance notification period is applicable to all service activities. The Company wil work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. 2.1.5 Provision of Equipment and Facilties A.The Company shall use reasonable efforts to maintain only the facilties and equipment that it furnishes to the Customer. The Customer may not nor may the Customer permit others to rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the written consent of the Company. B.The Company may substitute, change or rearrange any equipment or facilty at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No.1 Original Page 15 Competitive Local Exchange Service C. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the equipment is provided. D. Except as otherwise indicated, Customer provided station equipment at the Customer's premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilties of the Company. E. The Company shall not be responsible for the installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilties furnished pursuant to this tariff, the responsibilty of the Company shall be limited to the furnishing of facilties offered under this tariff and to the maintenance and operation of such facilties. Subject to this responsibilty, the Company shall not be responsible for: 1. the through transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or 2. the reception of signals by Customer-provided equipment; or 3. network control signaling where such signaling is penormed by Customer-provided network control signaling equipment. 2.1.6 Non-Routine Installation At the Customer's request, installation and/or maintenance may be penormed outside the Company's regular business hours or in hazrdous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company wil apply. If installation is started during regular business hours but at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. 2.1.7 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilties may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is construction undertaken: Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 16 Competitive Local Exchange Service A. where facilties are not presently available, and there is no other requirement for the facilties so constructed; B. of a type other than that which the Company would normally utilze in the furnishing of its services; c. over a route other than that which the Company would normally utilze in the furnishing of its services; D. in a quantity greater than that which the Company would normally construct; E. on an expedited basis; F. on a temporary basis until permanent facilities are available; G. involving abnormal costs; or H. in advance of its normal construction. 2.1.8 Ownership of Facilties Title to all facilties provided in accordance with this tariff remains in the Company, its partners, agents, contractors or suppliers. 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. . 2.2.2 The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and the Public Utilties Commission of Idaho's regulations, policies, orders, and decisions. 2.2.3 The Company may block any signals being transmitted over its Network by Customers which cause interference to the Company or other users. Customer shall be relieved of all obligations to make payments for charges relating to any blocked Service and shall indemnify the Company for any claim, judgment or liabilty resulting from such blockage. Issued: Effective: Issued by: Charles E Richardson ILL, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 17 Competitive Local Exchange Service 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 wil permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer wil be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariff wil apply. 2.3 Obligations of the Customer 2.3.1 General Issued: Issued by: The Customer shall be responsible for: A.the payment of all applicable charges pursuant to this tariff; B.damage to or loss of the Company's facilties or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or wilful misconduct of the employees or agents of the Company; C.providing at no charge, as specified from time to time by the Company, any needed equipment, space and power to operate Company facilties and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises; D.obtaining, maintaining, and otherwise having full responsibilty for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Communications Services to the Customer from the cable building entrance or propert line to the location of the equipment space described in Section 2.3.1 (C). Any and all costs associated with the obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company provided facilties, shall be borne entirely by, or may be charged by the Company, to the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service. E.providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 20Q Birmingham, Alabama 35242 MomentumTelecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 18 Competitive Local Exchange Service and agents shall be installng or maintaining the Company's facilties and equipment. The Customer may be required to install and maintain Company facilties and equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company employees or propert might result from installation or maintenance by the Company. The Customer shall be responsible for identifyng, monitoring, removing and disposing of any hazardous material (e.g., friable asbestos) prior to any construction or installation work; F. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilties and equipment in any Customer premises or the rights-of- way for which Customer is responsible under Section 2.3.1 (D); and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installng, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilties or equipment of the Company; G. not creating or allowing to be placed any liens or other encumbrances on the Company's equipment or facilties; and H. making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance wil be made for the period during which service is interrupted for such purposes. 2.3.2 Liabilty of the Customer A.The Customer wil be liable for damages to the facilties of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its officers, employees, agents, invites, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. B.To the extent caused by any negligent or intentional act of the Customer as described in (A), preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilties, costs and expenses, including reasonable attorneys' fees, for (1) any loss, destruction or damage to propert of any third part, and (2) any liabilty incurred by the Company to any third part pursuant to this or any other tariff of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided by the Company to such third part. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 19 Competitive Local Exchange Service C. The Customer shall not assert any claim against any other Customer or user of the Company's services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this tariff is intended either to limit or to expand Customer's right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence. 2.4 Customer Equipment and Channels 2.4.1 General A user may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A user may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services wil be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff. 2.4.2 Station Equipment A.Terminal equipment on the user's premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the user. The user is responsible for the provision of wiring or cable to connect its terminal equipment to the Company MPOP. B.The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilties is compatible with such equipment and facilties. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No. 1 Original Page 20 Com petitive Local Exchange Service Company at the Customets expense, subject to prior Customer approval of the equipment expense. 2.4.3 Inspections A. Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2.4.2(B) for the installation, operation, and maintenance of Customer- provided facilties, equipment, and wiring in the connection of Customer-provided facilties and equipment to Company-owned facilties and equipment. B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilties, equipment, and personnel. The Company wil notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilties, equipment and personnel from harm. c. If harm to the Company's network, personnel or services is imminent, the Company reserves the right to shut down Customets service immediately, with no prior notice required. 2.5.1 Payment for Service The Customer is responsible for the payment of all charges for facilties and services furnished by the Company to the Customer. The Customer is responsible for the payment of federal excise taxes, state and local sales and use taxes and similar taxes imposed by governmental jurisdictions, all of which shall be separately designated on the Company's invoices. The Company wil not separately charge for the Idaho gross receipts tax on the Company's invoice for local services. Any taxes imposed by a local jurisdiction (e.g., county and municipal) wil only be recovered from those Customers residing in the affected jurisdictions. Certain telecommunications services, as defined in the Idaho Revised Code, are subject to state sales tax at the prevailng tax rates, if the services originate, or terminate in Idaho, or both, and are charged to a subscriber's telephone number or account in Idaho. Issued:Effective: Issued by:Charles E Richardson ILL, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 21 Competitive Local Exchange Service 2.5.2 Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other users for services and facilties furnished to the Customer by the Company. Issued: Issued by: A.Non-recurring charges are due and payable upon receipt of the invoice mailed to the Customer by the Company. B.The Company shall present invoices for recurring charges monthly to the Customer, in advance of the month in which service is provided, and recurring charges shall be due and payable within thirt (30) days after the date the invoice is mailed to the Customer by the Company. When billng is based upon Customer usage, usage charges wil be biled monthly for the preceding billng period. C.When service does not begin on the first day 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 wil be calculated on a pro rata basis. For this purpose, every month is considered to have thirt (30) days. Biling of the Customer by the Company wil begin on the Service Commencement Date, which is the day on which the Company notifies the Customer that the service or facilty is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facilty does not conform to standards set forth in this tariff or the Service Order. Billng accrues through and includes the day that the service, circuit, arrangement or component is discontinued. D. E.If any portion of the payment is not received by the Company within 30 days of receipt of the bil, 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 charge of $10 plus 1.5% of the unpaid balance wil apply for business customers, and for residence customer the late payment charge wil be $1.50 plus 1.5% of the unpaid balance with a balance greater that $6.00 for regulated services, shall be due to the Company. The maximum total of the late payment and interest charges wil be $10 for residence customers. A late payment charge is not applicable to subsequent rebiling of any amount to which a late payment charge has already been applied. Late payment charges are to be applied without discrimination. Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 22 Competitive Local Exchange Service F. The Customer should notify the Company of any disputed items on an invoice within thirt (30) days of receipt of the invoice, however Customer may dispute a bil up to three years from receipt. If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may fie a complaint with the Idaho Public Utilties Commission in accordance with the Commission's rules of procedure. The address of the Commission is as follows: Idaho Public Utilties Commission 472 W. Washington Street Boise, ID 83702 Telephone: (334) 242-5211 Toll Free: (800) 392-8050 G. If service is disconnected by the Company (in accordance with Section 2.6.3 following) and later re-installed, re-installation of service wil be subject to all applicable installation charges. If service is suspended by the Company (in accordance with Section 2.5.3 following) and later restored, restoration of service wil be subject to the rates of this tariff. H. Customer is liable for all costs associated with collecting past due charges, (T) including all attorneys' fees. 2.5.3 Discontinuance of Service for Cause The Company may discontinue service for the following reasons provided in this Section 2.5.3. Customers wil be provided five (5) days written notice prior to discontinuance unless otherwise indicated. Company wil attempt one personal phone call to Customer 24 hours prior to discontinuance. Upon the Company's discontinuance of service to the Customer under Section 2.5.3(A) or 2.5.3(B), the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable (discounted to present value at six percent). A.Upon nonpayment of any regulated amounts owing to the Company, the Company may discontinue or suspend service without incurring any liabilty. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 23 Issued: Issued by: Competitive Local Exchange Service B.Upon violation of any of the other material terms or conditions for furnishing service the Company may, discontinue or suspend service without incurring any liabilty if such violation continues during that period. Upon condemnation of any material portion of the facilties used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilties inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liabilty. c. D.Upon any governmental prohibition or governmental required alteration of the services to be provided or any violation of an applicable law or regulç¡tion, the Company may immediately discontinue service without incurring any liabilty. E.Without notice in the event of fraudulent use of the Company's network. (M) The Customer wil be liable for all related costs. The Customer wil also be responsible for payment of any reconnection charges. F.Without notice in the event of Customer use of equipment or services in such a manner as to adversely affect the Company's service to others. G.Without notice in the event of tampering with the equipment or services furnished by the Company. H.The Customer is responsible for providing adequate accss lines to enable the Company to terminate all 800 Service calls to the Customer's telephone equipment.. Should the Customer have insufficient access lines on which to terminate 800 Service calls, the Company reserves the right to request the Customer to add additional lines for call terminations. If, after ninety (90) days, the Customer has not made the requested change, the Company, without incurring any liabilty, reserves the right to terminate the Customer's 800 Service, with thirt (30) days written notice. Upon thirt (30) days notice in the event Company, for any reason, in good faith, deems itself insecure with respect to the prospect of payment of future demanded sums, or if the Company, for any reason, determines that it no longer wishes to offer the Service to the Customer. I. Effective: Charles E Richardson ill, Vice President & General Counsel Mómentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 24 )Competitive Local Exchange Service 2.5.4 Notice to Company for Cancellation of Service Customers desiring to terminate service shall provide the Company with either verbal or written notice of desire to terminate service. 2.5.5 Cancellation of Application for Service - Contract Service Only A. Where the Company permits the Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges wil be imposed except for those specified below. B. Where, prior to cancellation by the Customer, the Company incurs any expenses in installng the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to .the costs the Company incurred shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levied against the Company that would have been chargeable to the Customer had service begun. C. Where the Company incurs any expense in connection with special construction, or where special arrangements of facilties or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred may apply. In such cases, the charge wil be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction or arrangements. D. The special charges described in 2.6.5(A) through 2.6.5(C) wil be calculated and applied on a case-by-case basis. 2.5.6 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 fee shall be adjusted accordingly. Issued:Effective: Issued by:Charles E Richardson ILL, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 25 Competitive Local Exchange Service 2.5.7 Bad Check Charge A service charge equal to $20.00 wil be assessed in accordance with Idaho law for all checks returned by a bank or other financial institution for: Insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank or other financial institution. 2.6 Allowance for Interruptions In Service 2.6.1 General A. A credit allowance wil be given when service is interrupted, except as specified in Section 2.7.2 following. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this tariff. B. An interruption period begins when the Customer report~ a service, facilty or circuit to be inoperative and, if necessary, releases it. for testing and repair. An interruption period ends when the service, facilty or circuit is operative. C. If the Customer reports a service, facilty or circuit to be interrupted but declines to release it for testing and repair, or refuses access to its premises for test and repair by the Company, the service, facilty or circuit is considered to be ìmpaired but not interrupted. No credit allowances wil be made for a service, facilty or circuit considered by the Company to be impaired. D. The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilties provided by any part other than the Company, including but not limited to the Customer. 2.6.2 Limitations of Allowance No credit allowance wil be made for any interruption in service: A.Due to the negligence of or noncompliance with the provisions of this tariff by any person or entity other than the Company, including but not limited to the Customer; Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 26 Competitive Local Exchange Service B. Due to the failure of power, equipment, systems, connections or services not provided by the Company; C. Due to circumstances or causes beyond the reasonable control of the Company; D. During any period in which the Company is not given full and free access to its facilties and equipment for the purposes of investigating and correcting interruptions; E. A service wil not be deemed to be interrupted if a Customer continues to voluntarily make use of such service. If the service is interrupted, the Customer can get a service credit, use another means of communications provided by the Company (pursuant to Section 2.7.3), or utilze another service provider; F. During any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; G. That occurs or continues due to the Customer's failure to authorize replacement of any element of special construction; and H. That was not reported to the Company within thirt (30) days of the date that service was affected. 2.6.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period of interruption, the Customer must pay the charges for the alternative service used. 2.6.4 Appiication of Credits for Interruptions In Service Interruptions over 24 hours wil receive a 30 day credit in compliance with the IPUC Customer Relation's Rule IDAPA 31.41.01.503. 2.6.5 Limitations on Allowance No credit allowance wil be made for: A.interruptions due to the negligence of or noncompliance with the provisions of this tariff by the Customer, authorized user or joint user; Issued:Effective: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 27 Competitive Local Exchange Service B. interruptions due to the negligence of any person other than the Company, including but not limited to the Customer; C. interruptions of service during any period in which the Company is not given full access to its facilties and equipment for the purpose of investigating and correcting interruptions; D. interruptions of service during a period in which the Customer continues to use the service on an impaired basis; E. interruptions 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 arrangements; F. interruption of service due to circumstances or causes beyond the reasonable control of Company; and G. that occur or continue due to the Customer's failure to authorize replacement of any element of special construction. 2.6.6 Cancellation For Service Interruption Cancellation or termination for service interruption is permitted only if any circuit experiences a single continuous outage of eight (8) hours or more or cumulative service credits equaling sixteen (16) hours in a continuous twelve (12) month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits. 2.7 Cancellation of Servlceermlnatlon liabilty If a Customer cancels a service order or terminates services before the completion of the term of a written contract for any reason other than a service interruption (as defined in Section 2.7.1) or where the Customer breaches the terms in the service contract, Customer may be requested by the Company to pay to Company termination liabilty charges. which are defined below. These charges shall become due and owing as of the effective date of the cancellation or termination and be payable within the period set forth in Section 2.6.2. 2.7.1 Termination Liabilty Customer's termination liabilty for cancellation of service shall be equal to: Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 28 Competitive Local Exchange Service A. all unpaid non-recurring charges reasonably expended by Company to establish service to Customer, plus; B. any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by Company on behalf of Customer, plus; C. all recurring charges specified in the applicable Service Order for the balance of the then current term discounted at the prime rate announced in the Wall Street Journal on the third business day following the date of cancellation; D. minus a reasonable allowance for costs avoided by the Company as a direct result of Customer's cancellation. 2.8 Customer Liabilty for Unauthorized Use of the Network Unauthorized use of the network occurs when a person or entity that does not have actual, apparent, or implied authority to use the network, obtains the Company's services provided under this tariff. 2.8.1 Customer Liabilty for Fraud and Unauthorized Use of the Netork A. The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company callng card, if such a card is offered by the Company, or an accepted credit card, provided that the unauthorized use occurs before the Company has been notified. B. A Company callng card is a telephone callng card issued by the Company at the Customer's request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls biled to the Customer's account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. C.The Customer must give the Company written or oral notice that an unauthorized use of a Company callng card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 29 Competitive Local Exchange Service D. The Customer is responsible for payment of all charges for callng card services furnished to the Customer or to users authorized by the Customer to use service provided under this tariff, unless due to the negligence of the Company. This responsibilty is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third parties, the Customer's employees, or the public. The liabilty of the Customer for unauthorized use of the Network by credit card fraud wil not exceed the lesser of fifty dollars ($50.00) or the amount of money, propert, labor, or services obtained by the unauthorized user before notification to the Company. 2.9 Joint Use Arrangements Joint use arrangements wil be permitted for all services provided underthis tariff. From each joint use arrangement, one member wil be designated as the Customer responsible for the manner in which the joint use of the service wil be allocated. The Company wil accept orders to start, rearrange, relocate, or discontinue service only from the Customer. Without affecting the Customer's ultimate responsibilty for payment of all charges for the service, each joint user shall be responsible for the payment of the charges biled to it. 2.10 Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilties provided by the Company without the written consent of the other part, except that the Company may assign its rights and duties to a) any subsidiary, parent company or affiliate of the Company; b) pursuant to any sale or transfer of substantially all the assets of the Company; or c) pursuant to any financing, merger or reorganization of the Company. 2.11 Notices and Communications 2.11.1 The Customer shall designate on the service order an address to which the Company shall make or deliver all notices and other communications, except that Customer may also designate a separate address to which the Company's bils for service shall be mailed. 2.11.2 The Company shall designate on the service order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on each bil for service to which the Customer shall mail payment on that bil. Issued: Effective: Issued by: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 30 Issued: Issued by: Competitive Local Exchange Service 2.11.3 Except as otherwise stated in this tariff, all notices or other communications required to be given pursuant to this tariff wil be in writing. Notices and other communications of either party, and all bils mailed by the Company, shall be presumed to have been delivered to the other part on the third business day following placement of the notice, communication or bil with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.11.4 The Company or the Customer shall advise the other part of any changes to the addresses designated for notices, other communications or billng, by following the procedures for giving notice set forth herein. Effective: Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Competitive Local Exchange Service SECTION 3 . SERVICE AREAS 3.1 Exchange Service Areas Idaho PUC Tariff NO.1 Original Page 31 Local exchange services are provided, subject to availabilty of facilties and equipment, in areas currently served by the following Incumbent LECs: 1) Qwest Corporation, Inc.; 2) Verizon Northwest, Inc. Issued: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Effective: Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 32 Competitive Local Exchange Service SECTION 4. SERVICE CHARGES AND SURCHARGES 4.1 Service Order and Change Charges Non-recurring charges apply to processing Service Orders for new service, for changes in service, and for changes in the Customer's biling information. All such charges wil appear on the next bil following installation of service. Line Connection Charge First Line Each Additional Line(1) Line Change Charge First Line Each Additional Line(1) Secondary Service Order Charge Change PIC/LPIC Residence Business $41.50 $15.25 $23.75 $11.00 $4.50 $ 5.00 $66.50 $23.00 $35.75 $11.75 $9.00 $ 5.00 NOTES: (1) Additional Line installation charges apply only when 2 or more lines are installed at the same time and at the same Customer Premises. 4.2 Maintenance Visit Charges Maintenance Visit Charges apply when the Company dispatches personnel to a Customer's premises to perform work necessary for installng new service, effecting changes in service or reserving troubles reported by the Customer when the trouble is found to be caused by the Customer's facilties. Maintenance Visit Charges wil be credited to the Customer's account in the event trouble is not found in the Company facilties, but the trouble is later determined to be in those facilties. Maintenance Visit Charges wil be credited to the Customer's account in the event trouble is not found in the Company facilties, but the trouble is later determined to be in those facilties. The Maintenance Visit Charge includes repair/replacement of up to 3 inside wirefJacks. Per Visit Charge Per visit - business hours 8am-6pm Per visit - Weekends and after hours Additional inside wirefJack, each $150.00 $200.00 $30.00 Issued:Effective: Issued by:Charles E Richardson IIi, Vice President & General Counsel Momentum Telecom,.lnc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 33 Competitive Local Exchange Service 4.3 Restoration of Service A restoration charge applies to the restoration of suspended service and facilties because of nonpayment of bils and is payable at the time that the restoration of the suspended service and facilties is arranged. The restoration charge does not apply when, after disconnection of service, service is later re-installed. Business Residence Per occasion $46.00 $10.00 4.4 Telecommunication Relay Service The Company wil comply with all Commission Orders as they relate to the Telecommunications Relay Service rate. 4.6 E911 service The rate for E911 service varies by local jurisdiction and wil be recovered from those customers based upon their local jurisdiction requirements. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 34 Competitive Local Exchange Service SECTION 5 . NETWORK SERVICES DESCRIPTIONS 5.1 General 5.1.1 Service Offere The following Network Services are available to Business and/or Residence Customers: MomentumFamily Packages MomentumBiz Packages Direct Inward Dial (DID) Service Integrated Services Digital Network (ISDN) Basic Rate Interface (BRI) Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI) T1 Digital Data Service Channelized T1 Service IntraLATA Toll Services Listing Services (including Non Published and Non-Listed Services) Directory Assistance Operator Services Miscellaneous Services 5.1.2 Application of Rates and Charges All services offered in this tariff are subject to service order and change charges where the Customer requests new services or changes in existing services, as wéll as indicated Non- Recurring and Monthly Recurring Charges. Charges for local callng services may be assessed on a measured rate basis and are additional to monthly recurring charges shown for Business lines, PBX Trunks, DID Trunks, and ISDN PRI. 5.1.3 Emergency Service Callng Plan Access to the local operator or emergency services bureau by dialing 0- or 9-1-1 is offered to the Customer at the rates set forth in 4.8. Message toll telephone calls, to governmental emergency service agencies as set forth in (A) following, having primary or principal responsibilty with respect to the provision of emergency services to persons and propert in the area from which the call is made, meeting the definition and criteria of an emergency call as set forth in (B) following are offered at no charge to Customers: Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Albama 35242 Idaho PUC Tariff NO.1 Original Page 35 Competitive Local Exchange Service A. Government fire fighting, Idaho State Highway Patrol, police, and emergency squad service (as designated by the appropriate governmental agency) qualify as governmental emergency service agencies provided they answer emergency service calls on a personally attended (live) twenty-four (24) hour basis, three hundred sixt-five (365) days a year, including holidays. B. An emergency is an occurrence or set of circumstances in which conditions pose immediate threat to human life, propert, or both and necessitate that prompt action be taken. An emergency call is an originated call of short duration to a governmental emergency services agency in order to seek assistance for such an emergency. 5.2 Call Timing for Usage Sensitive Services Where charges fora service are specified based on the duration of use, such as the duration of a telephone call, the following rules apply: 5.2.1 Calls are measured in duration increments identified for each service. All calls which are fractions of a measurement increment are rounded-up to the next whole unit. 5.2.2 Timing on completed calls begins when the call is answered by the called part. Answering is determined by hardware answer supervision in all cases where this signaling is provided by the terminating local carrier and any intermediate carrieres). 5.2.3 Timing terminates on all calls when the callng part hangs up or the Company's network receives an off-hook signal from the terminating carrier. 5.2.4 Calls originating in one time period and terminating in another wil be biled in proportion to the rates in effect during different segments of the calL. 5.2.5 All times refer to local time. 5.3 Distance Calculations Where charges for a service are specified based upon distance, the following rules apply: 5.3.1 Distance between two points is measured as airline distance between the rate centers of the originating and terminating telephone lines. The rate center is a set of geographic coordinates, as referenced in Local Exchange Routing Guide issued by Bellcore, associated with each NPA-NXX combination (where NPA is the area code and NXX is the first three digits of a seven-digit telephone number). Where there is no telephone numberIssued: Effective: Issued by: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 36 Competitive Local Exchange Service associated with an access line on the Company's network (such as a dedicated 800 or WATS access line), the Company wil apply the rate center of the Customer's main biling telephone number. 5.3.2 The airline distance between any two rate centers is determined as follows: Step 1: Obtain the 'V' (vertical) and "H" (horizontal) coordinates for each Rate Center from the above-referenced Bellcore document. Step 2: Compute the difference between the "V" coordinates of the two rate centers; and the difference between the two "H" coordinates. Step 3: Square each difference obtained in step (b) above. Step 4: Add the square of the "V" difference and the square of the "H" difference obtained in step C) above. Step 5: Divide the sum of the squares by 10. Round to the next higher whole number if any fraction is obtained. Step 6: Obtain the square root of the whole number result obtained above. Round to the next higher whole number if any fraction is obtained. This is the airline mileage. 5.3.3 The formula for distance calculations is: ~ 2 2(Vi - \') + (8 to 5.4 . Rate Periods for Time of Day Sensitive Service 5.4.1 For time of day, usage sensitive services, the following rate periods apply unless otherwise specified in this tariff: Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 37 Competitive Local Exchange Service MON I TUES I WED I THUR I FRI SAT SUN 8:00AM TO DAYTIME RATE PERIOD 5:00 PM* 5:00 PM TO EVENING RATE PERIOD EVE 11:00 PM* 11:00 PM TO NIGHTIWEEKEND RATE PERIOD 8:00AM* * Up to but not including. 5.4.2 Calls are biled based on the rate in effect for the actual time period(s) during which the call occurs. Calls that cross rate period boundaries are biled the rates in effect in that boundary for each portion of the call, based on the time of day at the Customer location. . 5.4.3 For services subject to holiday discounts, the following are Company recognized national holidays, determined at the location of the callng station. The evening rate is used on national holidays, unless a lower rate normally would apply. New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day January 1 As Federally Observed July4 As Federally Observed As Federally Observed December 25 5.5 MomentumFamlly Packages Two packages have been designed to reward residence customers by providing a discount for local and long distance services: MomentumFamllySM 60, and MomentumFamllySM Unlimited. With both Programs, subscribers wil receive a residence line as well as the following features: Caller ID deluxe with anonymous call rejection Call waiting Three-way callng Repeat dialing Issued:Effective: ¡Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 38 Competitive Local Exchange Service Call forwarding Call block Call return 30 code speed dial 900/976 blocking. MomentumFamllySM 60 Program includes 60 minutes of long distance usage. Each additional minute above 60 wil be biled at $.05 per minute. The MomentumFamllySM Unlimited Program includes unlimited domestic 1+ long distance usage. All long distance calls with the MomentumFamllySM Programs are domestic 1 + interstate and intrastate callng, which wil be biled in whole minute increments. Any fractional minutes wil be rounded to the nearest whole penny. Unused minutes wil not roll over to the next month. Residence subscribers can receive additional discounts through the MomentumFamllySM Referral Program. A then current base of twenty (20) or more active residence referral customers at the time of billng wil entitle the residence customer to receive 100% discount on their chosen package applicable rate, although applicable taxes and surcharges would stil apply. All Momentum Familysm products are designed for residential voice callng only. These products are not intended for phone lines that are connected to the Internet for extended periods of time. If it is determined that usage is not consistent with residential voice applications, Momentum may immediately suspend, restrict or cancel the customer's service without prior notice and assess an additional $50.00 monthly recurring charge for each month in which such usage occurred. Incidental Internet and other data usage is permitted provided however, that any usage in excess of 5,000 minutes per month shall be presumed to be not consistent with residential voice applications and shall be subject to the conditions above. 5.6 MomentumBlz SM. Packages Two packages have been designed to reward business customers by providing a discount for local and long distance services: MomentumBlz 60SM, and Momentum Biz 600SM. With both Programs, subscribers wil receive a business line as well as any of the following features: Caller ID Call waiting Three-way callng Repeat dialing Call forwarding Hunting Call trace Call block Call return 900/976 blocking 30 code speed dial Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 39 Competitive Local Exchange Service MomentumBlz 60sM Program includes 60 minutes of domestic 1+ long distance usage. The MomentumBlz 60M Program includes 600 minutes of domestic 1+ long distance usage. Each additional minute above 60 wil be biled at $.059 per minute. Unused minutes wil not roll over to the next month. Both Programs include unlimited expanded area callng. Both programs are offered on a month to month basis. Both Programs require a 12 month term agreement, and wil automatically renew for successive one year renewal terms (and this Agreement shall renew and continue with respect to such Services), unless either part notifies the other part in writing at least sixt (60) days prior to the end of the then current Term. If either part gives such notice of non-renewal, this Agreement shall not renew with respect to such Services, and the Services shall cease at the end of the then current Term. With our Customer Satisfaction Guarantee, customers wil be allowed to terminate this agreement within 30 days from start of service if they are not reasonably satisfied with the quality of our network, sales staff and customer support. In the event Subscriber discontinues or reduces the selected Service prior to the expiration of the applicable Term commitment (other than as per the Customer Satisfaction Guarantee), Subscriber shall pay to Momentum, as liquidated damages, and not as a penalty, $30 per line multiplied by the number of months remaining in the then current term.. 5.7 . Direct Inward Dialing (DID) Service Direct Inward Dialing ("DID") permits calls incoming to a PBX system or other Customer Premises Equipment to be routed to a specific station without the assistance of an attendant. DID calls are routed directly to the station associated with the called number. DID service as offered by the Company provides the necessary trunks, telephone numbers, and out-pulsing of digits to enable DID service at a Customer's location. DID service requires special PBX softare and hardware not provided by the Company. Such hardware and softare is the responsibilty of the Customer. 5.8 Integrated Service Digital Network (ISDN) Primary Rate Interface (PRI) Integrated Services Digital Network (ISDN) is a set of transmission protocols that provides end-to- end digital connectivity and integration of voice, data and video, on a single Customer loop to support a wide variety of services via the public switched network. The Primary Rate Interface (PRI) consists of a 23B+D configuration with 23 64Kbps Bearer (B) digital channels and 1 64Kbps Data (D) digital channeL. The B channels are designed for voice, data, image and sound transmissions. B channels can support synchronous, asynchronous or isochronous services at Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 40 Competitive Local Exchange Service rates up to 64Kbps. B channels can be aggregated for higher bandwidth applicatiøns. The D channel PRI provides the out of band signaling, call control and messaging. PRI is provided through standard four wire DS-1 (1.544Mbps) point to point, private line facilties that enables Customer control of the 24 individual channels. PRI supports 1 +, 0+, 7 digit, and 10 digit Local, IntraLATA and InterLATA services, as well as 01+ and 011+ international callng. PRI allows Customers to direct voice, data and video over the Public Switched Telephone Network. Channels may be pre-subscribed to an IXC carrier of their Customer's choice or used with 10XXX casual dialing. PRI also allows access to Public Switched Network services, such as Two-Way, Incoming Only, Outgoing Only and DID. Multiple PRI interfaces can be combined to function as one group. Utilzing a Backup D Channel arrangement, Customers are able to link up to 20 DS-1s together, providing a maximum of 479 64Kbps B channels controlled by a single D (signaling) channeL. 5.8.1 Integrated Services Digital Network ~ISDN) Basic Rate Interface (BRI) Integrated Services Digital Network (ISDN) is a set of transmission protocols that provides end-to-end digital connectivity and integration of voice, data and video, on a single Customer loop to support a wide variety of services via the public switched network. The Basic Rate Interface (BRI) consists of two B+ one D channel configuration with. two 64Kbps Bearer (B) digital channels and 1 16Kbps Data (D) digital channeL. The B channels are designed for voice, data, image and sound transmissions. B channels can support synchronous, asynchronous or isochronous services at rates up to 64Kbps. B channels can be aggregated for higher bandwidth applications. The D channel BRI provides the out of band signaling, call control and messaging. BRI is provided through standard two or four wire DS-O (64Kbps) point to point, private line facilties that enables Customer control of the individual channels. BRI supports 1+, 0+, 7 digit, and 10 digit Local, IntraLATA and InterLATA services, as well as 01+ and 011 + international callng. BRI allows Customers to direct voice, data and video over the Public Switched Telephone Network. Channels may be pre-subscribed to an IXC carrier of their Customer's choice or used with 10XXX casual dialing. 5.9 Feature Desriptions A.Call Forwarding Variable - Permits the end-user to automatically forward (transfer) all incoming calls to another telephone number, and to restore it to normal operation at their discretion. The end-user must dial an activation code from his/her exchange line along with the forward-to number in order to turn the feature on. A separate code is dialed by the end-user to deactivate the feature. Issued:Effective: Issued by:Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No. 1 Original Page 41 Com petitive Local Exchange Service B. Call Forwarding Variable, Remote Access - Permits the end-user to automatically forward (transfer) all incoming calls to another telephone number, and to restore it to normal operation at their discretion. The end-user must dial an activation code along with the forward-to number in order to turn the feature on. A separate code is dialed by the end-user to deactivate the feature. Feature activation may be performed from the end- user's exchange line or remotely from some other line. Remote access requires the end- user to 1) dial a special access number 2) enter their seven-digit telephone number and 3) enter a personal identification number prior to forwarding their calls. C. Call Forwarding Don't Answer, Basic: Permits the forwarding of incoming calls when the end-user's line remains unanswered after a pre-designated ringing intervaL. The ringing interval before forwarding and the forward-to number are fixed by the service order. D. Call Forwarding Busy Line, Basic: Permits the forwarding of incoming calls when the end-user's line is busy. The forwarded number is fixed by the end-user service order. . E. Call Forwarding Busy Line wI Customer Control: Permits the forwarding of incoming calls when the end-user's line is busy. The forwarded number is fixed by the end-user service order. However, the end-user has the abilty to turn the feature on or off at hislher discretion. F. Call Waiting. Basic: Call Waiting provides a tone signal to indicate to a Customer already engaged in a telephone call that a second caller is attempting to dial in. It permits the Customer to place the first call on hold, answer the second call and then alternate between both callers. Cancel Call Waiting is provided with the feature and allows a Call Waiting end-user to disable the Call Waiting feature for the duration of a single outgoing telephone call. Cancel Call Waiting is activated by dialing a special code prior to placing a call, and is automatically deactivated when the Customer disconnects from the call. G. Call Waiting. Deluxe: Allows the end-user to control the treatment applied to incoming calls while the Customer is off-hook on an existing call. This feature includes the capabilties of Call Waiting Basic plus additional call treatment options. Treatment options offered with Call Waiting Deluxe include: Answer the waiting call and placing the first part on hold; Answer the waiting call and disconnecting from the first part; Direct the waiting caller to hold via a recording Forward the waiting caller to another location (e.g., voice mailbox or telephone answering service) Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Issued: Issued by: Idaho PUC Tariff NO.1 Original Page 42 Competitive Local Exchange Service Full utilzation of Call Waiting Deluxe requires specialized CPE not provided by the Company. It is the responsibilty of the Customer to provide the necessary CPE. The end- user must have Caller ID Basic or Deluxe for display of callng part identification information for waiting calls. The end-user must have a Call Forwarding Don't Answer feature active in order to forward a waiting call to another location. H.Caller ID . Basic: Permits the end-user to view a Directory Number of the callng part on incoming telephone calls. Information is displayed on a specialized CPE not provided by the Company. The feature also provides the date and time of each incoming call. It is the responsibilty of the Customer to provide the necessary CPE. Caller ID . Deluxe: Permits the end-user to view a Directory Name and Directory Number of the callng part on incoming telephone calls. Information is displayed on a specialized CPE not provided by the Company. The feature also provides the date and time of each incoming call. It is the responsibilty of the Customer to provide the necessary CPE. In some situations, the callng parts city and state may be displayed rather than a Directory Name, depending on available call data. i. J.Anonymous Call Rejection: Permits the end-user to automatically reject incoming calls when the call originates from a telephone number which has blocked delivery of its callng number (see Callng Number Delivery Blocking). When active, calls from private numbers wil be routed to a special announcement then terminated. The feature may be turned on or off by the end-user by dialing the appropriate feature control code. Anonymous Call Rejection is offered as a stand alone feature or as an add-on to Caller ID Deluxe. Call Block: Allows the end-user to automatically block incoming calls from up to six end- user pre-selected telephone numbers programmed into the feature's screening list. Callers whose numbers have been blocked wil hear a recorded message stating that their call has been blocked. The end-user controls when the feature is active, and can add or remove callng numbers from the feature's screening list. K. L.Call Return: allows the Customer to return a call to the last incoming call whether answered or not. Upon activation, it wil re-dial the number automatically and continue to check the number every 45 seconds for up to 30 minutes if the number is busy. The Customer is alerted with a distinctive ringing pattern when the busy,number is free. When the Customer answers the ring, the call is then completed. The callng parts number wil not be delivered or announced to the call recipient under any circumstances. M.Call Selector: Allows a Customer to assign a maximum of 15 telephone numbers to a special list. The Customer wil hear a distinctive ring when calls are received from Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 43 Competitive Local Exchange Service telephone numbers on that list. N. Call Tracing: Allows the tracing of nuisance calls to a specified telephone number suspected of originating from a given local office. The tracing is activated upon entering the specified dial code. The originating telephone number, outgoing trunk number or terminating number, and the time and date are generated for every call to the specified telephone number can then be identified. o. Callng Number Delivery Blocking: Prevents the delivery, display and announcement of the end-user's Directory Number and Directory Name on all calls dialed from an exchange service equipped with this option. When active, the end-user's telephone name and number wil not appear on the called parts Caller ID CPE or be disclosed in another way. The feature is available on a per call basis. With per call Callng Number Delivery Blocking, it is necessary for the end-user to dial an activation code prior to placing the call. With the per line version of the feature, all calls are placed with the end-user's number blocked unless the caller dials a pre-assigned number prior to dialing. P. Message Waiting Indication: Provides the end-user with an audible (stutter dial tone) or visual (lamp or other CPE display) indication that messages are waiting to be retrieved. Message Waiting Indication can only be activated/deactivated by a voice mailbox or other voice messaging service provided by the Company or third part. It is the responsibilty of the Customer to subscribe to a compatible voice messaging service. Visual Message Waiting Indication requires specialized CPE not provided by the Company. It is the responsibilty of the Customer to provide the necessary CPE. Q. Multiple Diretory Number Distinctive Ringing: This feature allows an end user to determine the source of an incoming call from a distinctive ring. The end user may have up to two additional numbers assigned to a single line (Le. Distinctive Ringing - First Number and Distinctive Ringing - Second Number). The designated primary number wil receive a normal ringing pattern, other numbers wil receive distinctive ringing patterns. The pattern is based on the telephone number that the callng part dials. R. Repeat Dialing: Permits the end-user to have calls automatically re-dialed when the first attempt reaches a busy number. The line is checked every 45 seconds for up to 30 minutes and alerts the Customer with a distinctive ringing pattern when the busy number and the Customer's line are free. The Customer can continue to make and receive calls while the feature is activated. The following tyes of calls cannot be reached using Repeat Dialing: Calls to 800 Service numbers Calls to 900 Service numbers Issued:Effective: Issueçj by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suitè 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 44 Competitive Local Exchange Service Calls preceded by an interexchange carrier accss code International Direct Distance Dialed calls Calls to Directory Assistance Calls to 911 S. Spee Callng: Permits the Customer to place calls to other telephone numbers by dialing a one or two digit code rather than the complete telephone number. The feature is available as either an eight (8) code list or a thirt (30) code list. Code lists may include local and/or toll telephone numbers. The Customer has the abilty to add or remove telephone numbers and codes to/from a speed callng list without assistance from the Company. T. Three Way Callng: . Permits the end-user to add a third part to an established connection. When the third part answers, a two-way conversation can be held before adding the original part for a three-way conference. The end-user initiating the conference controls the call and may disconnect the third part to reestablish the original connection or establish a connection to a different third part. The feature may be used on both outgoing and incoming calls. u. Code Restrictions: Enables customers to restrict certain tyes of outgoing calls from being made over their exchange lines. The following options are available containing various sets of codes to be restricted. a. Option 1 - Restrict 1+, 0-, 0+, 00-, (1+/0+) 411,976,900, IDDD 01+, IDDD 011 +, N11 service, 101 XXXX b. Option 2 - Restricts 0-,0+,00-, IDDD 01+,976 c. Option 3 - Restricts 1+, 0-, 0+, 00-, IDDD 01+, 011+, NPA 900, 101XXXX d. Option 4 - Restricts 976, 1 +976, 900, 1 +900 e. Option 7 - (Available for Residence only) - Restricts 1+lnterLATA, 0-, 0+, 00-, (1/+/0+) 411, 976, NPA 900, IDDD01, IDDD011+, N11 service, 101XXXX. 5.10. Remote Call Forwarding Remote Call Forwarding (RCF) is a service whereby a call placed from a station to a customets telephone number is automatically forwarded by Company central office equipment to another station designated by the Customer. Where RCF is utilzed for forwarding outside the local callng area, usage charges of $.08 per minute wil apply in addition to the monthly rate in Section 7. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 45 Competitive Locl Exchange Service 5.11 Listing Service For each Customer of Company-provided Exchange Service(s), the Company shall arrange for the listing of the Customer's main biling telephone number in the directory(ies) published by the dominant Local Exchange Carrier in the area at no additional charge. At a Customer's option, the Company wil arrange for additional listings for an additional charge. 5.11.1 Non-Published Service This optional service provides for suppression of printed and recorded directory listings. A Customer's name and number do not appear in printed directories or Directory Assistance Bureau records. 5.11.2 Non-Listed Service This optional service provides for suppression of printed directory listings only. Parties may stil obtain the Customer's number by callng the Directory Assistance Bureau. 5.12 Diretory Assistance Provides for identification of telephone directory numbers, via an operator or automated platform. Customers are provided with a maximum of 2 listings per each call to Directory Assistance. 5.13 Operator Service Provides for live or automated operator treatment when a Customer dials "0". Operator Services can be used to assist the Customer in routing or billng for a calL. Billng options include, but are not limited to, bil to originating telephone number, callng card, collect or to a third part. 5.14 Miscellaneous Service 5.14.1 Preubscrlptlon Service This service provides for the Presubscription of local exchange lines provided by the Company to the intraLATA and interLATA long distance carrieres) selected by the Customer. This service allows a Customer, where facilties permit, to maintain the same Directory Number when changing from one telecommunications provider to another while staying at Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc.. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 46 Competitive Local Exchange Service the same location. This service also allows all customers to complete local calls to numbers that have been ported. This charge applies to all lines which are portable between telecommunications service providers. An end user line is deemed to be portable at the time the NPA-NXX serving that line is capable of providing Local Number Portabilty. 5.15 Private Line Services 5. 16.1 T1 Digital Data Service is a point-to-point service for intraLATA communications, which provides for the simultaneous two-way transmission of isochronous digital signals at T1 speeds of 1.544 Mbps, where facilties are available. A Digital Local Channel is furnished between a Serving Wire Center and the customets premises. Interoffce Channels are furnished between Central Offices. 5.16.2 Channelized T1 Service is a point-to-point service for intraLATA communications, which provides channelization for the customer in the Central Office. This service is provided in packages where 24 voice grade channels are equal to a T1. Issued:Effective: Issued by:Charles E Richardson ill, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 47 Competitive Local Exchange Service SECTION 6. FACILITIES BASED SERVICES 6.1 (Resrved for Future Use) Issued: Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 48 Competitive Locl Exchange Service SECTION 7. LOCAL SERVICES PRICE LIST 7.1 General Services provided in this tariff section are available on a local service basis. Local Services are provided through the use of resold and/or unbundled network element combinations of switching and transport facilties obtained from Momentum Telecom. The rates, terms and conditions set forth in the section are applicable where the Company provides specified local exchange services to Customers through resale or unbundled network element combinations of Qwest or Verizon local exchange services. The rates, terms and conditions set forth in this Section 7 are not applicable to the Company's provision of service within the service area of any other incumbent local exchange carrier or where the Company provides service, in whole or in part, over its own facilties (On-Net). The rates, terms and conditions set forth in this Section 7 are available on a retail basis only and wil not be provided for resale to any other carrier. All rates set forth in this Section 7 are subject to change and may changed by the Company pursuant to notice requirements established by the Idaho Public Utilties Commission. The rates, terms and conditions set forth in this Section 7 are applicable as of the effective date hereof and wil not apply to any Customer whose services may have been provisioned through resale of Qwests locl exchange services, in whole or in part, prior to the effective date hereof. 7.2 MomentumFamlly Packages MomentumFamlly sm Packages Zone1 Zone 2 Zone 3 MomentumFamllySM 60 Program, per month $36.95 MomentumFamllySM Unlimited, per month $49.95 $39.95 $54.95 $64.95 $74.95 7.2.1 Optional Callng Service, per line LATA wide callng Privacy Manager Voice Mail Package Inside Wire Maintenance Hunting Additional Line (no feature) Remote Call Forwarding Directory Listings Additional Listings, per month Included in package $5.95 $5.95 $3.95 $5.00 $26.95 $15.00 $2.50 Issued:Effective: Issued by:Charles E Richardson IIi, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Competitive Local Exchange Service Non-Published service charge, per month Non-listed service charge, per month: Per use feature charge Additional RingPlus or feature per package Callng card, $1.00 per call plus $.15 per minute 7.3 MomentumBlz 8m Packages Zone1 MomentumBlz 60SM Program, per month $42.95 $52.95MomentumBlz 600SM Program, per month 7.3.1 Optional Callng Services, per line Voice Mail Package Inside Wire Maintenance Remote Call Forwarding Directory Listings Additional Listings, per month Non-Published service charge, per month Non-listed service charge, per month: Per use feature charge Issued: Issued by: Idaho PUC Tariff NO.1 Original Page 49 $3.50 $2~50 $0.75 $2.00 Zone 2 $47.95 $57.95 $8.95 $4.00 $15.00 $2.50 $4.00 $2.50 $0.75 Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Zone 3 $67.95 $77.95 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 50 Competitive Local Exchange Service SECTION 8 - DIRECTORY ASSISTANCE AND LISTING SERVICES 8.1 Directory Listings 8.1.1 General The following rules apply to standard listings in light face tye in the white pages (alphabetical section) of the telephone directory and to the Directory Assistance records of the Com pany. Only information necessary to identify the Customer is included in these listings. The Company may use abbreviations in listings. It may also reject a listing it judges to be objectionable. A name made up by adding a term such as Company, Shop, Agency, Works, etc. to the name of a commodity or service wil not be accepted as a listing unless the subscriber is legally doing business under that name. A name may be repeated in the white pages only when a different address or telephone number is used. There is no charge for the first directory listing for a Customer. . 8.1.2 Free Listings The following listings are provided at no additional charge to the Customer: one listing for each individual line service, auxilary line or PBX system. 8.2 Non-Published Service 8.2.1 General Non-published service means that the Customer's telephone number is not listed in the directory, nor does it appear in the Company's Directory Assistance Records. 8.2.2 Regulations This service is subject to the rules and regulations for E911 service, where applicable. The Company wil complete calls to a non-published number only when the caller dials direct or gives the operator the number. No exceptions wil be made, even if the caller says it is an emergency. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momêntum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 51 Competitive Local Exchange Service When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or wilful misconduct, the Company is not liable for any damages that might arise from publishing a non-published number in the directory or disclosing it to some. If, in error, the telephone number is published in the directory, the Company's only obligation is to credit or refund any monthly charges the Customer paid for non-published service. The subscriber indemnifies (i.e., promises to reimburse the Company for any amount the Company must pay as a result of) and saves the Company harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a non-published service or the disclosing of said number to any person. 8.3 Non-Listed Service 8.3.1 General Non-listed service means that the Customer's telephone number is not listed in the directory, but does it appear in the Company's Directory Assistance Records. 8.3.2 Regulations This service is subject to the rules and regulations for E911 service, where applicable. The Company wil only complete calls to a non-listed number, if requested by a caller, during the course of a directory assistance call completion service. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or wilful misconduct, the Company is not liable for any damages that might arise from publishing a non-listed number in the directory or disclosing it to some. If, in error, the telephone number is listed in the directory, the Company's only obligation is to credit or refund any monthly charges the Customer paid for non-listed service. The subscriber indemnifies (i.e., promises to reimburse the Company for any amount the Company must pay as a result of) and save the Company harmless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a non-listed service or the disclosing of said number to any person. Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 52 Competitive Local Exchange Service 8.4 Directory Asistance Services 8.4.1 Directory Assistance A Directory Assistance(DA) charge applies per local directory assistance call. The Customer may make two (2) requests for a telephone number per call. The Directory Assistance Charge applies regardless of whether the Directory Assistance operator is able to supply the requested number. Rates and charges for intraLATA and interLATA Directory Assistance service are provided below. DA Local, w/in LATA - per call $0.95 Issued:Effective: Issued by:Charles E Richardson II, Vice President& General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 53 Competitive Local Exchange Service SECTION 9 - OPERATOR SERVICES 9.1 General Customers may subscribe to intraLATA operator services offered by the Company. The following charges apply when the local operator is requested to verify a busy line, or interrupt a busy line. 9.2 Local Operator Services 9.2.1 Charges Per Call Busy Line Verification $2.50 $5.00Busy Line Interrupt Issued:Effective: Issue~ by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 10.1 Carrier Presubscrlptlon 10.1.1 General Idaho PUC Tariff NO.1 Original Page 54 Competitive Local Exchange Service SECTION 10. MISCELLANEOUS SERVICES Carrier Presubscription is a procedure whereby a Customer designates to the Company the carrier which the Customer wishes to be the carrier of choice for intraLA T A and interLATA toll calls. Such calls are automatically directed to the designated carrier, without the need to use carrier access codes or additional dialing to direct the call to the designated carrier. Presubscription does not prevent a Customer who has presubscribed to an IntraLA T A or InterLA T A toll carrier from using carrier access codes or additional dialing to direct calls to an alternative long distance carrier on a per call basis. 10.1.2 Presubscrlptlon Options - Customers may select the same carrier or separate carriers for intraLATA and interLATA long distance. The following options for long distance Presubscription are available: Option A: Option B: OptlonC: Option D: Option E: Option F: Issued: Issued by: Customer may select the Company as the presubscribed carrier for IntraLATA and InterLATA toll calls subject to presubscription. Customer may select the Company as the presubscribed carrier for IntraLA T A calls subject to presubscription and some other carrier as the presubscribed carrier for interLATA toll calls subject to presubscription. Customer may select a carrier other than the Company for intraLATA toll calls subject to presubscription and the Company for interLATA toll calls subject to presubscription. Customer may select the carrier other than the Company for both intraLATA and interLATA toll calls subject to presubscription. Customer may select two different carriers, neither being the Company for intraLA TA and interLA T A toll calls. One carrier to be the Customers' primary intraLATA interexchange carrier. The other carrier to be the Customer's primary interLATA interexchange carrier. Customer may select no presubscribed carrier for intraLA T A toll calls, which wil require the Customer to dial a carrier access code to route all intraLA T A toll calls to the carrier of choice for each calL. Effective: Charles E Richardson III, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff No. 1 Original Page 55 Competitive Local Exchange Service 10.1.3 Rules and Regulations Customers of record wil retain their primary interexchange carrieres) until they request that their dialing arrangements be changed. Customers of record or new Customers may select either Options A, B, C, D, E or F for intraLA T A Presubscription. Customers may change their selected Option and/or presubscribed toll carrier at any time subject to charges specified in this tariff. 10.1.4 Presubscrlptlon Procedures A new Customer wil be asked to select intraLA T A and interLA T A toll carriers at the time the Customer places an order to establish local exchange service with the Company. The Company wil process the Customer's order for service. All new Customers' initial requests for intraLA T A toll service pre subscription shall be provided free of charge. If a new Customer is unable to make selection at the time the new Customer places an order to establish local exchange service, the Company wil read a random listing of all available intraLATA and interLATA carriers to aid the Customer in selection. If selection is stil not possible, the Company wil inform the Customer that he/she wil be given 90 calendar days in which to inform the Company of his/her choice for primary toll carrieres) free of charge. Until the Customer informs the Company of his/her choice of primary toll carrier, the Customer wil not have accss to long distance services on a presubscribed basis, but rather wil be required to dial a carrier access code to route all toll calls to the carrieres) of choice. Customers who inform the Company of a choice for toll carrier presubscription within the gO-day period wil not be assessed a service charge for the initial Customer request. Customers of record may initiate a intraLATA or interLATA presubscription change at any time, subject to the charges specified in this tariff. If a Customer of record inquires of the Company of the carriers available for toll presubscription, the Company wil read a random listing of all available intraLATA carriers to aid the Customer in selection. 10.1.5 Presubscrlptlon Charges A. Application of Charges After a Customer's initial selection for a presubscribed toll carrier and as detailed in Paragraph 10.1.4 above, for any change thereafter, a Presubscription Change Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 56 Competitive Local Exchange Service Charge, as set forth in Paragraph 4.5 wil apply. Customers who request. a change in intraLATA and interLATA carriers with the same order wil be assessed a single charge per line. Issued:Effective: Issued by:Charles E Richardson ILL, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 57 Competitive Local Exchange Service SECTION 11 . PRIVATE LINE SERVICES 11.1 (Reserved for Future Use) Issued: Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tarif NO.1 Original Page 58 Competitive Local Exchange Service SECTION 12 - SPECIAL ARRANGEMENTS 12.1 Contract Services At the option of the Company, service may be offered on a contract basis to meet specialized requirements of the Customer not contemplated in this tariff; The terms of each contract shall be mutually agreed upon between the Customer and Company and may include discounts off of rates contained herein, waiver of recurring or nonrecurring charges, charges for specially designed and constructed services not contained in the Company's general service offerings, or other customized features. The terms of the contract may be based partially or completely on the term and volume commitment, tye of originating or terminating access, mixture of services or other distinguishing features. Service shall be available to all similarly situated Customers after the initial offering to the first contract Customer for any given set of terms. Issued:Effective: Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Issued by: Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 Idaho PUC Tariff NO.1 Original Page 59 Competitive Local Exchange Service SECTION 13 - PROMOTIONAL OFFERINGS 13.1 Speial Promotions The Carrier may from time to time engage in special promotional trial service offerings of limited duration (not to exceed ninety days on a per Customer basis for non-optional, recurring charges) designed to attract new subscribers or to increase subscriber awareness of a particular tariff offering. Req-úests for promotional offerings wil be presented to the Commission for its review in accordance with rules and regulations established by the Commission, and wil be included in the Carrier's tariff as an addendum to the Carrier's price lists. 13.2 Discounts The Company may, from time to time as reflected in the price list, offer discounts based on monthly volume (or, when appropriate, "monthly revenue commitment" and/or "time of day" may also be included in the tariff). Issued:Effective: Issued by:Charles E Richardson II, Vice President & General Counsel Momentum Telecom, Inc. 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242