20080806Application.pdf

t Ih '
BOULT. CUMMINGS~
CONNERS · BERRYPLc
Rose Mulvany-Henry
[phone]- Fax: [phone]
I: 3 ¡ Email: rhenryiiboullcummings.com
August 4, 2008 fIN -rT- 0 P -0 ~
Via Federal Express
Ms. Jean D. Jewell, Secretar
Idaho Public Utilties Commission
472 W. Washington Street
Boise, ID 83702
Re: Application of Momentum Telecom, Inc. for a Cerificate of Public
Convenience and Necessity to Provide Facilities-Based Local Exchange
and Resold Interexchange Telecommuncations Serces within the State
of Idaho
Dear Ms. Jewell:
Please find enclosed, on behalf of Momentu Telecom, Inc. ("Momentum"), an original
and seven (7) copies of Momentu's Application for a Certificate of Public Convenience and
Necessity to Provide Facilities-Based Local Exchange and Resold Interexchange Servces. An
electronic version of the llustrative Tarff contained in this Application is also included on the
enclosed disk.
Please note that the stockholder and financial information attached as Exhibits C and E to
the original copy of the application are proprietar and confidential information and thus are
being submitted under seal. Momentu respectfully requests that the information be accorded
confidential treatment and that it not be made a par of the public record or otherwise be made
available for public disclosure. Ths information is provided in a sealed envelope attached only
to the original copy of the application.
Please date stamp and retu the enclosed extra copy of this filing in the self-addressed,
postage-prepaid envelope provided. Should you have any questions concerning this mater,
please do not hesitate to contact the undersigned at [phone].
Ver trly yours,
BOULT, CUMMINGS, CONNERS & BERRY, PLC
By: fa ~ cJ ~ ë&
Rose Mulvany-Henr
1821319 vI
102168-021
8/4/2008
LAW OFFICES
1600 DIVISION STREET. SUITE 700 . P.O. BOX 340025 . NASHVILLE. TN. 37203
TELEPHONE [phone] FACSIMILE 615.252.6380 ww.boultcummings.ccm
Ms. Jean D. Jewell, Secretar
August 4, 2008
Page 2
RMH/LFD
Enclosures
1821319 vI
102168-021
8/4/2008
Rose Mulvany-Henry
Boult Cummings Conner & Ber
1600 Division Stree, Suite 700
Nashville, Tenessee 37203
[phone]
[phone] (fax)
Attorney for Momentum Telecom, Inc.I: 37
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of )
)Momentum Telecom, Inc. )
)
For a Certificate of Public Convenience and )
Necessity to Provide Competitive Local Exchange )
and Interexchange Servces withn the State of )Idaho )
Case No. !'t17: - T- or -0).
APPLICATION OF MOMENTUM TELEÇOM, INC.
Momentu Telecom, Inc. ("Momentu" or "Applicant"), by its undersigned attorneys,
and pursuant to Titles 61 and 62 of the Idaho Code and IDAPA 31.01.01.111 (Rules 111 & 112)
as clarfied by Procedural Order No. 26665, hereby applies to the Idaho Public Utilities
Commission ("Commission") for a Certificate of Public Convenience and Necessity to authorize
Momentu to provide facilities-based local exchange serices and resold interexchange servces ..
in the State of Idaho.
In support of its application, Momentu provides the following:
I. Proposed Servces
Momentu seeks authority to provide facilities-based local exchange serces and resold
interexchange serces thoughout the State of Idaho.
Momentu, a wholly-owned subsidiar of MBS Holdings, Inc., does not curently offer
servces in Idaho but does provide local and interexchange telecommunications serices to
approximately 40,000 retail end user customers in the Southeaster states of: Alabama, Florida,
1819554 vI
102168-021 08/04/08
Georgia, Kentucky, Louisiana, Mississippi, Nort Carolina, South Carolina and Tenessee.
Additionally, Momentu is cerified to provide telecommunications services in Arkansas,
llinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Nevada, New
Hampshire, New Mexico, Nort Dakota, Oregon, Pennsylvana, Rhode Island, South Dakota,
Texas, Veront, Washington, Wisconsin and Wyoming. Upon initiation of serices in Idaho,
Momentu wil comply with all applicable Commission rules, regulations and standards, and
wil provide safe, reliable and high-quality telecommunications serices. Specifically,
Momentu proposes to offer facilities based local exchange and resold interexchange services to
Idaho consumers as well as some wholesale serces.
II. Form of Business
Momentu is a competitive provider of local exchange and long distance services.
Momentum is currently authorized to provide local exchange and interexchange
telecommunications serces to approximately 40,000 retail end user customers in the
Southeaster states of: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nort
Carolina, South Carolina and Tennessee. Additionally, Momentum is cerified to provide
telecomiunications serices in Arkansas, llinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
Missour, Nebraska, Nevada, New Hampshie, New Mexico, Nort Dakota, Oregon,
Pennsylvana, Rhode Island, South Dakota, Texas, Vermont, Washington, Wisconsin and
Wyoming. Momentu has not been dened requested cerification in any jursdiction.
1. Momentu Telecom, Inc. is a corporation organized and in good standing under
the laws of the State of Delaware.
2. Momentum may be reached at its principal place of business:
Momentu Telecom, Inc.
2700 Corporate Drive
1819554 vI
102168-021 8/4/2008 - 2 -
Suite 200
Birmingham, Alabama 35242
Momentu does not curently have a principal business address within the State
ofldaho.
3. Momentu's Cerificate of Incorporation are attached hereto as Exhibit A.
4. A Cerificate of Authority to transact business in Idaho is attached hereto as
Exhibit B.
5. Momentu's registered agent for servce in Idaho is:
CT Corporation System
1111 W Jefferon, Ste 530
Boise, Idaho 83702
6. A summar of the stockholders holding a 5% or greater interest in Momentu is
provided under seal as Confidential Exhibit C.
7. The Offcers of Momentu are:
Alan Creighton, President/Chief Executive Offcer
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Denns Lipford, Vice President, Financial/Treasurer/ChiefFinancial Officer
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Charles E. Richardson III, Vice President & General Counsel
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
8. The Director of Momentu:
Alan L. Creighton
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102168-021 8/4/2008 - 3 -
Mr. Creighton may be contacted at Momentu's headquarers located at 2700
Corporate Drive, Suite 200, Birmingham, Alabama 35242.
9. Momentu is a wholly-owned subsidiar ofMBS Holdings, Inc.
10. Momentu has no subsidiares.
11. Correspondence pertaining to ths Application should be directed to:
Rose Mulvany Hen
Boult, Cumngs, Conners & Ber, PLC
1600 Division Street, Suite 700
Nashville, TN 37203
[phone] (phone)
[phone] (fax)
rheiiboultcumings. com
III. Telecommunications Servce
1. Momentu proposes to offer serice in Idaho within six months after it obtains
authorization from the Commssion to do so.
2. Momentu proposes to offer facilties based local exchange and resold
interexchange services to Idaho consumers as well as some wholesale servces to other providers.
IV. Servce Territory
1. Momentu proposes to offer services on a statewide basis in the State of Idaho.
Initially, Momentu seeks to provide its serces in the geographic areas currently sered by
Qwest Communcations and Verzon Nortwest, Inc. Momentum wil mirror the basic local
calling scopes of the incumbent local exchange carers.
2. Momentu proposes to offer facilities-based local exchange services and resold
interexchange servces. Momentu will utilize its own soft switch to provide its facilities based
serces.
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102168-021 8/4/2008 - 4-
V. Technical and Managerial Oualifications
Momentum possesses the techncal and managerial qualifications necessar to operate as
a competitive local exchange carer withn the State of Idaho. Curently, Momentu provides
telecommuncations serces in several states and possesses considerable telecommunications
expertise. Biographical sumares of the technical and managerial experience of the key
members of Momentu's management team are attached hereto as Exhbit D.
VI. Financial Information
Momentu is well-qualified financially to operate and expand its business. Financial
information demonstrating Momentu's fiancial qualifications is provided under seal as
Confidential Exhbit E.
VII. "Illustrative" Tariff Filgs
Momentu's llustrative Tarff is attached hereto as Exhbit F. Momentu wil file its
proposed tarff establishing its proposed services and charges upon completion of
interconnection and upon receipt of cerfication by the Commssion.
VIII. Customer Contacts
I. The individual responsible for consumer inquiries and complaints from the public
is:
Ter Henngton
Regulatory Manger
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Telephone: [phone]
Fax: [phone]
E-mail: thennington(fmomentumtelecom.com
2. A toll-free number for customer inquiries and complaits is 1-877-271-0236.
1819554 vI _ 5 _
102168-021 8/4/2008
3. The individual designated as a contact for the Commission Staff for resolving
complaits, inquires and matters concerng rates and price lists or tarffs is:
Peggy McKay
Vice President of Operations
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Telephone: [phone]
Fax: [phone]
E-mail: pmckay(momentutelecom.com
IX. Interconnection Agreements
Momentum has not yet negotiated an interconnection agreement with any incumbent
local exchange carer in Idaho. Momentu wil fie the same for approval with the Commission
at the time that one has been negotiated and executed by the pares.
x. Compliance with Commssion Rules
Momentu has reviewed the laws and regulations of this Commission govering local
exchange and interexchange telecommunications services in Idaho and wil provide service in
accordance with all laws, rules and regulations to the extent they are not preempted by the
Federal Act and such laws, rules and regulations are applicable to the serces sought to be
provided by Momentu in Idaho. Attached hereto is a sworn verification executed by
Momentu stating that Momentu agrees to comply with all applicable Idaho laws and
Commission rules and regulations.
XI. Escrow Account or Security Bond
At this time, Momentu does not intend to require advance deposits from its customers.
Should Momentum require advance deposits at any point in the futue, Momentu wil submit to
the Commission a signed copy of an escrow account with a bonded escrow agent or a securty
bond.
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102168~021 8/4/2008 - 6-
XII. Public Interest Standard
Grant of this Application and Momentu's entr into the local telecommuncations
marketplace within Idaho wil sere the public interest in a varety of ways. As demonstrated
above, Momentu is technically and financially qualified to provide telecommunications
serices in Idaho, and the public interest wil be served by expanding the availabilty of
competitive telecommunications serces in Idaho, thereby enhancing the telecommunications
infrastrctue in Idaho and facilitating economic development. Additionally, grant of this
Application wil benefit the public because the presence of Momentum in the market wil
increase the incentives for other carers to operate more efficiently and offer more innovative
serices. Thus, grant of the instant Application wil serve the public interest.
XIII. Conclusion
This Application demonstrates that Momentu Telecom, Inc. possesses the technical,
financial and managerial resources to provide local exchange and interexchange serces in
Idaho.
WHEREFORE, Momentu Telecom, Inc. requests that the Idaho Public Utilties
Commission enter an order granting a Certificate of Public Convenience and Necessity
authorizing Momentu Telecom, Inc. to provide facilities-based local exchange serices and
resold interexchange telecommunications serices.
Respectfully submitted,
1819554 vI
102168-021 8/4/2008 - 7 -
Dated ths 4:-I day of August, 2008
1819554 vI
102168-021 8/4/2008
aura Dudney, Esq.
Rose Mulvany-Henr, Esq.
Boult, Cummngs, Conners & B LC
1600 Division Street, Suite 700
Nashville, TN 37203
Telephone: [phone]
Email: rheiiboultcumgs.com
Attorneys for Applicant Momentum Telecom, Inc.
- 8 -
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhbit F
Exhibit G
Verification
1819554 vI
LIST OF EXHIBITS
Cerificate of Incorporation
Cerificate of Authority to Transact Business
Stockholders (CONFIDENTIA - Submitted Under Seal)
Management Team Biographies
Financial Statements (CONFIDENTIAL - Submitted Under Seal)
Ilustrative Tarff
Proposed Service Area Map
List of Exhibits
STATE OF ALABAM )
)
)
ss.
COUNTY OF SHELBY
VERIFICATION
I, Charles E. Richardson III, state that I am the Vice President and General Counsel of
Momentu Telecom, Inc.; that I am authorized to make this Verification on behalf of
Momentu Telecom, Inc.; that the foregoing Application was prepared under my direction and
supervision; and that the contents are tre and correct to the best of my knowledge, inormation
and belief. As required by Idaho Code § 61-406 and by the Commission Procedural Order No.
26665 in Case No. GNR-T-96-4, the Applicant agrees to comply with all applicable state laws
and Commission rues and regulations.
Name: Charles E. Richardson III
Title: Vice President & General Counsel
Company: Momentu Telecom, Inc.
1833697 vI
102168-021 04/25/08 - 1 -
EXHIBIT A
MOMENTUM TELECOM, INC.
Certficate of Incorporation
(see attached)
1819554 vI Exhbit A
Ðeraware PAGE 1
'I :First State
I, HAIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWAR, 00 HEREBY CERTIFY "MOMENTUM TELECOM, INC. rt is DULY
INCORPORATED UNDER THE LAWS OF THE STATE OF DEI.AR AND IS IN
GOOD STANDING AN HA A LEGAL CORPORATE EXISTENCE SO FAR AS THE
RECORDS OF THIS OFFICE SHOW, AS OF THE EIGHTH DAY OF APRIL, A.D.
2008.
3216570 8300
-.~~91~
.080401547
Hamei Smith Windsor, secrétary of State
AUTHENTICATION: 6508982
DATE: 04-08-08
Yo~ may verify this certificate onlinelit corp. dela.ware. govlautbver. sbtm
_I' r- . _ _".av I l I . _ _ ...."- ..""._---- _..
AMENDED AN REATED
CETIFICATE OF INCORPORATION
OF
MOMENTUl1 BUSfNSSOLUTIONS~ INC.
It is herby certfied that:
i. The present nae of tle corporation (hereiner caled the "Corporátion-) is
Momentu Busn~s Sf;lut~ 1nc.~ which is the name unde which the Corpration was originaly
incorporated; and. the date offilin the ong~ Certcate of'lncoipration of the Cprporaion with
the Secretar of State of the. State ofD~iawac is April 20,2000.
2. 1ñAmended an Rete CertficateofIncorpration ha b~n duly iippvcd l:
the Boad of Direois of ths Còipation. and ha been .duly adopted in acordace with.th
proVisions of Secons 228. 242 and 245 of the Gener .Cmpration Law oftbe State ofDéia~
by the Boai of Dirrs and the stockolder otth Cooraon The tota numer of outstdin
sha entitled to "ote or act by Wrtt consnt wa 161.750 slisof Common Stock. A.maJoriÌy
of the outtading ~es of Common Stok approved ths Amended and Restated Certfica of
Incoipration by 'Wtten consent in acrdance with Secon 228 of the Get CoiporionLa
of the State ofD~Iawae. 2Sd wrttn notice of such wa given by the Corpomtion inaconice with
sad Secon 228.
3. The Ceficate of Incorporation of the Corpratioii is heeby amended andiestated
to read as followS:
Y.
The nae oruie Corporation is MomentwnBusiness SoluÛQtl. Inc,
JI.
The: a(~s 9f the registered off~ .of the Corporation iii th State of Oela\1 ~ the
CQrpration Tiut Cen.. 1209 Orae Strt, Wiln. Deawa 19801. Cit ofWílminon.
County of New Cas~, and tn.naeofthc rciitc agen of the Córporation.in the State ofDelaWa at such ads iliThe Corporaon Trost Compaiy~
m.
The purose of th Corporation is to enage in any lawfl act Or activity for whch a
corporation Ilay be: organzed under the Geneni Corporaon Law of
me Sta of Delawa.
.90UU ~iw S2'A!'2 OF .DZLA
SEi:XARY OF STATEDIVISION OF CORPA TrONS
FILED 08:30 AM Ofl/16/2001
010180633 - 32U;S70
iv.
A.. This Corporaon is authridto ise one class of stock to be desgIaied "COmmon
Stocl..' The tota numbe of shar which th Cotporaiion is auoried to issu is five hudrdthousd (500,000), all of which shaes shall be Common Siock, each having a pa vallie of
No and10/100 DoUar($O.lO).
B~ The numberofauthomc shaes of Common Siock maybe increed Oi'decêd
(bufnot below the nube ofsbaes of Common Stock then ~)Utst.ding) by £he afn:tï"'ç vote of
the holders of a majorty oftbe Stck of 'te Corpration. . ..
l. Voting Rights.
a. Gener Rights. Holder of Coimon Stock shall have one vote per
shæ. eicept as othere prvided herein or as reuired by law.
b. Electin o;fBoar ofDirors. The. election of
the Boar ofDltelOishall be conducted in the maner se fort in the Bylâs.
2.. NQ PremptiveRights~ StockhOldelS.stilb¡veno prj:tive.rIlïtsë:icept
as grted by the CorprBtn p't 10 wrtten agrementS.
v~
A. A dictor of the Corporation sblliiot be personaly liable 10 tl Còrpiàuonor jts
stockholders for.moneta daages for any breh of fiduciar dutY as a direcr. e:pt for.litibHity
(1) fOr any brch of the dir:ecor's du ofloyaty to the Coiporation or its stckholder, (2.)for ac
.Qr Qii5Sì~s.not. in good Iathor which invOlve ÌJtetiona misconduct ora kioWiitgv:iQlatio.o9f
law, (3)imde.r SecQA 174 afthe Delaw GeneralCoiportionLaw. or (4) fon:inY1:tionfroinwhichtbditctordenved an imper pcnsnal befit Iftbe Delawae Genera Ccirptcon.Law
is amended afrapprovøJ by th :¡tockholderi of ths ArCle to authrize corporate action fuer
eliminating oríimitig the persal liability of dirctors. 1hen the liabilit
of a dirtor. Shall be
eLiinated or limite to the fullest extentpeitted byihe Delawa General Corporation
Law" 8šsoamended~
B. My repeal or modificatiÇ)11 of ths Aricle IV shall only be prospetive and shall noteffec the nglis under Ws Aricle IV in effeç at the tie .of the alleged occurnce of any actioIl.or
omission. to act giving rise to liabilty~
~;o6(-2-
. ,
VL
For the mangement of me busnes and forthe conduct of the affai of'the.corp~ratoIL an
in ñier dermilIo~ liitation æiregation of the power of
the Corption. of its directors and
of its stockhoJdèi or any clas theref. as the ea$f: may be. it is fuer prvided tht:
A~ The ~agemeni of tie buiness and the condticrofthe araiof tbeCorpratIon
shall be ves in its Boar of DirOr. Thenwnber of direco~ which shaJl conûtütethe whole
Boar of Diectors shan be fixed by the: Boar ofDiiectors in th maerprovidfXin the Bylaws.
B. The Soar of Dirctors may frm time to time mak. amend.'supiemciitorrepeal
f4e Bylaws; prvided; howeer. that the stockholders max chage or repeal iuy Bylaw. i(lQpte by
the Boad ofDirctIS by the afti"le vote.ofthe holders ora majority
of the voting power ofallof the then oubtading sha ofthe capital stck of the Cororntion; a."ld. prvided furter. that no
amerent or suppleneni to the Bylaws adopte by the Boar ofDiicctorssbaUvar or confict
with any amendment or supplement thus adopted by the slockholder.
C. The diretors of the ColJ~on neetl not be electe by wrttn balotuness meByiaws so provide. . .
IN wiDlESs WlREOF. Momentu Busines SoiutOI1. Inc. has causd ths Ameaded
and Resta Certficate of Incorporation to. be signed by the . Preident and the. Secretar in
Birmingham. Alabaa. as ofile 19th day of Mah. 2001.
By:
MOMENTUM BUSINES SOLOTIONS, INC/æ:¿~...:
Alan L. Cnglton
ItS Preident and Chef&eut¡veOffi;r
49015.4 .3.
Sêåts of Delawa~eSec~øtary lJf State
Division of Corporations
Delivered 09:30 AM 09/17/2003
E'ILB 09:30 AM 09/L7/2003
Sf 030600530 - 3216570 FILE:
SECOND AMENOltD AND RESTATED
CERTIFICATE OF INCORPORATION
OF
MOMENTUM BUSINESS SOLUTIONS. INC.
It is herby certifedihui:
I. The prcscni nam~ of the. ccl\poniiion (hereinafter called the ''Curpomijoi'l~) is Momentum Rusinei
Solutions, Inc., wbieh is th ii~nlC undèr which the Ct;rpOnltiDl was l)riiilldly incorprated; and the dale. of fiing
ihe original Certificate (lr IIi~tlporiiii(ln..r the Corp!iration \\'ith lhe Secrcl:iT)' e;fSUte of ilie S~ic. ;.f nèl:iw:ire is
i\pril 20. lOOO.
i. TIiis Si'Coiid Amended llld ReilJted rel1ilieiie of liicurpur:lil.n lias ben duly apprçvcd by rhe
Board of niri:cturs ofilijs ('orpuraliiin. and bas been duly adopted in acctrdlle with the plU\'isioii of Sec lill115 ii8.
242. and 145 of the General ('aipll'lliun La.w of tbe Staie of Di:laware by tite Board of DircdOI'i iind ntC
51ockhuldel.!' of thc Corporation. TIiii totiil number of outslaudiny: shares entitled 10 ,'ole .or DCl by \\-,-iUi:n c\insem
W'aS 167.750 slitles of Commun Stack. A Øljori1y or the outstanding shares of Cuinnmn Stock apprivcd this
Second Amended and Restated l'crtificale onncoqiomtiO!l by wriiien consent in accnrdance willi Section 12K (llrhc
tienernl C'orpniiion law of the Stale tif Pela\\rre. and wrinciinotice of such \iias ~i\lcn by the Curiioriitiim iii
accnrdance \\'itli said Sectinn 228.
3.
lallows;
TIle Certifi:lc ur Ineul'poririon (If the C.orporcition is hereby amcnded and restated to read a:;
I.
The name of the COrpurnlion is Momeutum Telecom.. tiiC.
n.
The address of the n:gisieri:d ulTce of the COlJoralion in ibe Siaii (if IJdlu\'lire is 'fhe Curporatiun Tnist
('cn~cr. 1209 ()r:n:;e Stret. Wilmingttin. l)elnW".. 19ROl, Cit)' uf Wihnjligu)i1. Cnunty òfNcw Cni;ih:.. and the
1\11111. of the n:gi$lcred ageii of die C'urplIlUtÎon in tho: State of Ddnwari: ill such addres.~ is TIll: t:urporatÎi;in Tnisl
( '1lIlpniiy.
II.
'r he. purpse of Ihit; ClIll1lll'lliLl1i iii III engage iii any lawful iJ~Il,1' acih'ilY fQr which ii coipoiniinii nmyhi
ury:ini7ci. uni.c:rihc Geiieril ('Oiillrliiil\\ i ilW(lrtlte Stile l,fDelaware.
-1-
1V.
A. This Corporiuiol1 is nuthi,rÎzed 10 issue one class ofsl.,c:k til be desil!niiied "Common Stock:;T!)c
IOIUI number of flbnres, which die ('.øtpnnuiul1 is anihorÍ?ed tc) issue is lÏ\'¡: hiindrcd th'7usad(50Q.OOO), nil tif wlicli
:;luires shall be Common St~\t'k. c-dcb h:\'il,g a piir \'Dliie urND lind 1O!100 Di,Uars (50.10).
13 Tbe number of lIuihoried shares of Common S111ck may be incred and deci'eiscü(btil not
bcluw thé .,umber ofshiires.of("nnunol1 Stock then outstading) by 1m: amnnUtive vote uribe holders (IlnnmjóTily
nf the .slack of tbe C orporoltion.
1. Voling Riglt1l1
n. Gencral Rights. lIoldcrs of ('iinimon Stuck shall 11l\'c onr: .vóte rer sharl,
i:xeept as otlicrwise provii.eú hereiii ur us required by law.
b. Election of HOilrd of Direclol' Tin:. cli:clion of the Board. of Directors shutl be
ctiiducled in thc'rnnner set fait inilie ßylaws.
2. "Ku Preemptivc Rights. ~locklQlders slr..tl Iill~ no preemptive rights except llli !:uted
hy the Corporation puruiint to ,ninen iigri.-cmt:nts.
v.
A. A direior ur the CUrp,raion sh;lll(l b~ pel"Snalli" liable to the Corpnitiii or its slQckhulderS
fur ntonc~' dlUgeii fur DRY breah .or ûduciIU duly as II diriclOT. except for liAbiJii:y (i) fol" any brrach of:l1I1:
direclor's duty of loyalty to .ihe Corporaiion or its stockholders. (2) for acts or omissions not in goofaiti or wluch
involve inlentioiUlI m~JldUcl or ;i kiio\ving violation or law. (3) under Section 174 or the Deia~re General
('urpiratiQll laW. or (4) for any tnimlili:Urin ror wliich lhe direc:iar derived an . improper pi:'Onal benefit. trlhe
iiclawiirt Generl C'.orrl1mtion r.iw is ameded .after approvil hy the sluckholdctS. of tliis Atlidt ii? a~tlori~.t
ctlrpuratt aciitll furthct eliminating oi'liiii1Cntinii I1lc pi:na liabilty or directors. Ih~n. the liabjlity .of a director
shalt be eliminated or lin:i1i!d 10 .the fullest extent permitted by 1I1e Ochiwure Generil Corporat¡c~n. Lnw, Uli :;0
iini~ndi:.
B. Any repil ur lliodilcalio/1 or thi... Artcle V shall only hi prospeiive iliii shall not crre-cihe
. riHliii \Il1di:r ihis Article V in cllèit at i1u: iima or tili: ullcged occurri:~c ill' any action or ninissio.n.to ill't gi ving rii;c
Ul tiuhiliiy.
Vi.
Fur IIle managemenl ul the: huiiiicss Dnd tor the eonducl uf Ihe nffairs af the C'orporaiiun. aiid iii rurihi:r
.Idii,¡iiol\. liniilutinn.'Dnd rugiiliilinii iirthe' l'u\vem or-iJie Corror:iliiin. nfiis t1irecturs 'and orits stockhiildcrs t\l :illY
das'i thcr~or. as thL' case may he. it is liirthL'f pro\'idcrl tl13t:
-2.
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ùic i i!l day or I\Ugllst. .2003.
MOi\-IF.NTUM BUSINESS SOL.UTIONS. INC.
Ry:~~~~
Alan L. C'ej~ll1on . .
ll'L P~ideti~nd diieiÎ!xccû,'c Offcer
,6.'.
EXHIBITB
MOMENTUM TELECOM, INC.
Certficate of Authority to Transact Business in Idaho
(see attached)
1819554 vI ExhbitB
IDSOS CERTIFICATE OF EXISTENCE Page I of I
State of Idaho
I¡Offce of the Secretary of State!¡
CERTIFICATE OF EXISTENCE
OF
MOMENTUM TELECOM, INC.
File Number C-1761 77
I, BEN YSURSA, Secretar of State of the State ofIdaho, hereby certify that I am the custodian of
the corporation records of this State.
I FURTHER CERTIFY That the records of this office show that the above-named corporation was
incorporated under the laws of DELAWARE and filed to transact business in Idaho on 12/11/2007.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of this offce.
Dated: 4/24/2008 10: 15 AM a.~
SECRETARY OF STATE
Authentic Access Idaho Document ( h.up:iLww:W,?çi:essidabQ,QrgLpi.bliç/PQffllimt1emicJile,hlmJ)
Tag: b5ae5f5ffEd7 4087 43c 1 e3203e282a2ge3d6d4e8e45abf45 1 40d86b67fcbge8 1 65778523c38b i 2fe
httns:/ /www.accessidaho.on!lsecure/sos/com/cert.html 4/24/2008
CONFIDENTIA EXHIBIT C
MOMENTUM TELECOM, INC.
Confidential Stockholder Summary
Filed Separately Under Seal
1819554 vI Exhibit C
EXHIBITD
MOMENTUM TELECOM, INC.
Technical and Managerial Qualications of Momentum's Key Personnel
Alan L. Creighton, President & CEO
After graduating from the University of Alabama with a Bachelor of Science in Finance and a
minor in Computer Science, Alan Creighton joined BellSouth Advanced Systems, where he
won the Presidential Circle of Excellence A ward for his achievement in sales. In his first
starp, Alan worked with NuCel, Inc., a wireless telecommuncations company that built
entire cellular systems for independent owners of MSAs. Alan moved into the managed care
industr where he helped create and build signficant businesses in ters of members, revenues
and valuations. Durng his tenure at Complete Health, he sered in management positions,
including Vice President of development, regional Vice President and President focusing on
development and sales. Complete Health became a regional managed care plan which was later
acquired by UnitedHealthcare.
Charles E. (Rck) Richardson III, Vice President & General Counsel
Rick Richardson brings Momentu Business Solutions several years of experence in the cable
and Interet industr, most recently with High Speed Access Corporation. Mr. Richardson also
sered as chief counsel for Birmingham Steel and American Calculator, $1 bilion and $100
milion companies, respectively. Mr. Richardson received his undergraduate degree from the
University of Alabama and his J.D. from the University of Alabama School of Law. In
addition, he completed Anglican Studies at Yale University and Berkeley Episcopal Divinity
SchooL.
Dennis E. Lipford, Vice President and Chief Financial Officer
Dennis E. Lipford came to Momentu Business Solutions as Vice President of finance from
one of the nation's largest health care organzations, UnitedHealthcare. Whle at United, Denis
held senior level positions in finance, operations, and network development. Most recently, he
was Vice President of contracting and governent programs. Prior to his career with United,
Denns was a CPA with Ernst & Young, a public accounting firm. Dens holds a B.S. in
Accounting from Auburn University.
Hiaire B. deSa, Vice President and Chief Technology Offcer
Mr. deSa spent 19 years in Information Technology after receiving his Masters spanng both
System and Application environments in the Educational, Defense, ISP and
Telecommuncations industres. Before joining Momentum Business Solutions Mr. deS a was a
Senior Technical Manager for BellSouth Telecommuncations. He was key in the deployment
of BellSouth's Microsoft based serer environment. With the transition from BellSouth to
Electronic Data Systems Mr. deSa was Project Manager and Team lead at the BellSouth
1819554 vI Exhbit D
Distrbuted Systems Management Center in Birmingham Alabama. Ths center was responsible
for monitoring all Microsoft based serer class machines in the BellSouth Network.
Peggy McKay, Vice President, Operations
Ms. McKay graduated from the University of Alabama in Birmingham with a Bachelor of
Science Degree in Business Administration. Ms. McKay has 35 years experence in the
telecommunication industr, including positions at AT&T and BellSouth. Ms. McKay retired
from BellSouth in May of 2000.
Ms. McKay joined the BellSouth Interconnection Sales team as Director in 1997,. which
supported the Competitive Local Exchange Carers (CLECs). She managed the Complex
Resale Support Group, which received and processed complex resale orders from CLECs. She
then managed a team responsible for supportng the CLECs, which included subject matter
expers in the areas of operational support system (OSS) interaces, local interconnection
tring, biling, local number portability, unbundled network elements, and collocation. After
retiring, Ms. McKay was contracted by BellSouth to develop and deliver training to CLECs on
subjects, to include collocation, unbundled network elements, LENS, and switched port loop
combinations.
1819554 vI Exhbit D
CONFIDENTIA EXHmIT E
MOMENTUM TELECOM, INC.
Confidential Financial Statements
Filed Separately Under Seal
1819554 vI Exhbit E
EXHffITF
MOMENTUM TELECOM, INC.
Illustrative Tariff
(see attached)
1819554 vI Exhbit F
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:Peggy McKay, VP Operations
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
Issued:
Issued by:Peggy McKay, VP Opérations
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
Competitive Local Exchange Service
SECTION 13 - PROMOTIONAL OFFERINGS
Issued:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff NO.1
Original Page 2
Effective:
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff NO.1
Original Page 3
Com petitive 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 Page
Number Revision Number Revision Number Revision
Title Page Revised 31 Original 61 Original
1 Original 32 Revised 62 Original
2 Revised *33 Original
3 Original 34 Original
4 Original 35 Original
5 Original 36 Original
6 Original 37 Original
7 Original 38 Revised
8 Original 38.1 Revised
9 Revised 39 Revised
10 Original 40 Original
11 Original 41 Original
12 Original 42 Original
13 Original 43 Original
14 Original 44 Original
15 Original 45 Revised
16 Original 46 Original
17 Original 47 Revised
18 Original 48 Revised *
19 Original 49 Revised
20 Original 50 Revised
21 Original 51 Original
22 Revised 52 Original
22.1 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:Peggy McKay, VP Operations
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:
Competitive Local Exchange Service
Idaho PUC Tariff NO.1
Original Page 4
* - Indicates pages submitted with most recent filng.
Peggy McKay, VP Operations
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 5
Competitive Local 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. Sheet 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.AI.(a).I.(i).
2.1.1.AI.(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 (1, 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.
EXPLANATION OF SYMBOLS
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
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.
(8) - To signify reissued matter.
(T) - To signify a change in text but no change in rate or regulation.
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the local exchange and
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
exchange access services within the State of Idaho.
Issued:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff NO.1
Original Page 7
Effective:
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff No.1
Original Page 8
Com petitive 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 billng 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 Customets 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 Customets 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.
Dedièated 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
facilities 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 party to call an internal
extension directly without the intervention of the Company operator.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 9
Competitive Local Exchange Service
Dial Pulse (or "DP"): The pulse type 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-Freuency (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
carrying communications signals may be transmitted by means of multiple internal reflections to a
receiver, which translates the message.
Hearing Impaired: 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
enterèd by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff
FCC NO.4.
Local Interconnection Trunking 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 millons 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-type used for signaling between telephone switches,
or between telephone switches and PBX/key 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-Net: 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 facilities 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 carrying 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 Presnce ("POP"): Point of Presence
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 11
Competitive 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 facility is available for use, unless extended by the Customer's
refusal to accept service which does not conform to standards set forth in the Service Order or this tariff,
in which case the Service Commencement Date is the date of the Customer's acceptance. The Company
and 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 numbet' calls are automatically routed to the Company's or an IXC's network. Calls to
stations within the Customets LATA may be placed by dialing "10XXX" or "101XXXX" with 1 + 10-digit
number."
Tandem: A class 4 switch facility to which NPA and NXX codes are subtended.
Two-Way: A service attribute that includes outward dial capabilties for outbound calls and can also be
used to carry inbound calls to a central point for further processing.
Usage Base Charges: Charges for minutes or messages traversing over local exchange facilities.
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:Peggy McKay, VP Operations
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
SECTION 2 . RULES AND REGULATIONS
2.1 Undertaking 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 facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity
that purchases access to the Company network in order to originate or terminate its own
services, or to communicate with its own Customers.
2.1.1 Shortage òf Equipment or Facilties
A. The Company reserves the right to limit or to allocate the use of existing facilties,
or of additional facilities offered by the Company, when necessary because of
lack of facilities, 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 facilities 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 thirt (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.
C.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 by either
party upon notice. Any termination shall not relieve the Customer of its obligation
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 13
Com petitive Local Exchange Service
to pay any charges incurred under the service order and this tariff 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 facilities 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 facilities under its
control available to its Customers. At the reasonable request of either party, the
Company and the Other Telephone Company shall jointly attempt to obtain from
the owner of the property 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.
I. 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.
, 2.1.3 Limitations on Liabilty
A.Except as otherwise stated in this section, the liabilty of the Company for
Issued:Effective:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tàriff NO.1
Original Page 14
Competitive Local Exchange Service
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 penorm, delay, interruption, failure to provide any service or
any failure in or breakdown of facilties 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:
Issued:
Issued by:
1.Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilties provided by the Company; or (c) common carriers or
warehousemen, except as contracted by the Com pany;
2.Any delay or failure of penormance 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;
Any unlawful or unauthorized use of the Company's facilties and
services;
3.
4.Libel, slander, invasion of privacy or infringement of patents, trade
Effective:
Peggy McKay, VP Operations
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
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 facilities or services;
5. Breach in the privacy or security of communications transmitted over the
Company's facilities;
6. Changes in any of the facilities, operations or procedures of the Company
that render any equipment, facilities or services provided by the
Customer obsolete, or require modification or alteration of such
equipment, 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.
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 omission of the Customer or
patron(s) of the Customer relating to the use of the Company's services
or facilties.
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
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Com petitive Local Exchange Service
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 filing by the Commission recognizes
that it is a court's responsibility 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 intenere 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.
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.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
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 thistariff and to the maintenance and operation of such facilities. 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 performed by
Customer-provided network control signaling equipment.
2.1.6 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed 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 facilities may be undertaken_ on a reasonable efforts basis at
the request of the Customer. Special construction is construction undertaken:
A.where facilties are not presently available, and there is no other requirement for
the facilties so constructed;
B.of a tye other than that which the Company would normally utilze in the
furnishing of its services;
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 18
Competitive Local Exchange Service
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 facilties are available;
G. involving abnormal costs; or
H. in advance of its normal construction.
2.1.8 Ownership of Facilties
Title to all facilities 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 Utilities
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.
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 existingIssued: Effective:
Issued by: Peggy McKay, VP Operations
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
service and installation of new service, and non-recurring installation charges as stated in
this tariff wil apply.
2.3.1 General
2.3 Obligations of the Customer
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 facilities 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
and agents shall be installng or maintaining the Company's facilities 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
Effective:
Peggy McKay, VP Operations
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
Competitive Local Exchange Service
for identifying, 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
Issued:
Issued by:
A.The Customer wil be liable for damages to the facilities 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 party 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.
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
Effective:
Peggy McKay, VP Operations
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
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 facilities 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
Company at the Customer's expense, subject to prior Customer approval of the
equipment expense.
2.4.3 Inspections
Issued: Effective:
Issued by: Peggy McKay, VP Operations
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
Com petitive Local Exchange Service
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 facilities, equipment, and wiring in the connection of Customer-provided
facilties and equipment to Company-owned facilities 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 will notify the
Customer promptly if there is any need for further corrective action. Within ten
days of receiving this notice, the Customer must take this corrective action and
notify the Company of the action taken. If the Customer fails to do this, the
Company may take whatever additional action is deemed necessary, including
the suspension of service, to protect its facilities, equipment and personnel from
harm.
C. If harm to the Company's network, personnel or services is imminent, the
Company reserves the right to shut down Customer's 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.
2.5.2 Billng and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 23
Competitive Local Exchange Service
users for services and facilties furnished to the Customer by the Company.
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 thirty (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 biling
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 facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or
if the service or facilty does not conform to standards set forth in this tariff or the
Service Order. Biling accrues through and includes the day that the service,
circuit, arrangement or component is discontinued.
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.
F.The Customer should notify the Company of any disputed items on an invoice
within thirty (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 file a
Effective:
Peggy McKay, VP Operations
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 24
Com petitive Local Exchange Service
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: [phone]
Toll Free: [phone]
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 Companymay 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 liability.
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.
C.Upon condemnation of any material portion of the facilties used by the Company
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
to provide service to a Customer or if a casualty renders all or any material
portion of such facilities inoperable beyond feasible repair, the Company, by
notice to the Customer, may discontinue or suspend service without incurring any
liabilty.
D. Upon any governmental prohibition or governmental required alteration of the
services to be provided or any violation of an applicable law or regulation, the
Company may immediately discontinue service without incurring any 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 access 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.
I. Upon thirty (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.
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.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Com petitive Local Exchange Service
2.5.5 Cancellation of Application for Service - Contract Services 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 will be based on such elements as the cost
of the equipment, facilties, 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.
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.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
2.6 Allowances 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 reports a service, facilty or
circuit to be inoperative and, if necessary, releases it for testing and repair. An
interruption period ends when the service, facility or circuit is operative.
c. If the Customer reports a service, facilty or circuit to be interrupted but declines
to release it for testing and repair, or refuses access to its prem ises for test and
repair by the Company, the service, facility or circuit is considered to be impaired
but not interrupted. No credit allowances wil be made for a service, facility or
circuit considered by the Company to be impaired.
D. The Customer shall be responsible for the payment of service charges as set
forth herein for visits by the Company's agents or employees to the premises of
the Customer when the service difficulty or trouble report results from the use of
equipment or facilities provided by any part other than the Company, including
but not limited to the Customer.
2.6.2 Limitations of Allowances
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;
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
Issued:Effective:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmii:gham, Alabama 35242
Idaho PUC Tariff NO.1
Original Page 28
Competitive Local Exchange Service
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 Application of Credits for Interruptions in Service
A.Credits for interruptions in service that is provided and biled on a flat rate basis
for a minimum period of at least one month, beginning on the date that biling
becomes effective, shall in no event exceed an amount equivalent to the
proportionate charge to the Customer for the period of service during which the
event that gave rise to the claim for a credit occurred. A credit allowance is
applied on a pro rata basis against the rates specified hereunder and is
dependent upon the length of the interruption. Only those facilties on the
interrupted portion of the circuit wil receive a credit.
B.For calculating credit allowances, every month is considered to have thirt (30)
days.
C.A credit allowance wil be given for interruptions of thirty (30) minutes or more.
Two or more interruptions of fifteen (15) minutes or more during anyone 24-hour
period shall be combined into one cumulative interruption.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Com petitive Local Exchange Service
D. Interruptions of 24 Hours or Les
Length of Interruption Amount of Service To Be Credited
Less than 30 minutes None
30 minutes up to but not including 3 hours 1/10 Day
3 hours up to but not including 6 hours 1/5 Day
6 hours up to but not including 9 hours 2/5 Day
9 hours up to but not including 12 hours 3/5 Day
12 hours up to but not including 15 hours 4/5 Day
15 hours up to but not including 24 hours One Day
E. Interruptions Over 24 Hours and Less Than 72 Hours
Interruptions over 24 hours wil result in a 30 day bil credit to the Customer.
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;
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;
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Competitive Local Exchange Service
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 Servicefermination 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:
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;
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 31
Com petitive Local Exchange Service
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 Customets 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 Network
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
Customets 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.
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 Customets
service or Customer-provided equipment by third parties, the Customets
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 32
Competitive Local Exchange Service
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,
property, 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 under this 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 responsibility 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 facilities 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 affliate 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 bilL.
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
part, and all bils mailed by the Company, shall be presumed to have been delivered to
the other party on the third business day following placement of the notice,
communication or bil with the U.S. Mail or a private delivery service, prepaid and properlyIssued: Effective:
Issued by: Peggy McKay, VP Operations
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 33
Competitive Local Exchange Service
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 party of any changes to the
addresses designated for notices, other communications or billng, by following the
procedures for giving notice set forth herein.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 3 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availabilty of facilities and equipment, in areas
currently served by the following Incumbent LECs: 1) Qwest Corporation, Inc.; 2) Verizon
Northwest, Inc.
3.2 Zones
Charges for local services provided by the Company may be based, in part, on the zone
associated with the Customers End Office. These zone assignments are approved by the Public
Utilities Commission of Idaho.
In the event that an Incumbent LEC or the Idaho Public Utilities Commission reclassifies an
exchange or End Office from one zone to another, the reclassification wil also apply to
Momentum Customers who purchase services under this tariff.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 35
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(l)
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 facilities, but the trouble. is later determined to be in those facilities.
Maintenance Visit Charges will 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 wire/jacks. (T)
Per Visit Charge
Per visit - business hours 8am-6pm $150.00 (I)
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Per visit - Weekends and after hours
Additional inside wirefiack, each
$200.00 (I)
$30.00 (T)
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
facilities 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 Federal Universal Service Fund
The Universal Service Fund was created by the FCC to ensure availabilty of telephone service to
all Americans at an affordable rate. The charge wil be determined monthly by multiplying the
current quarterly Universal Service Fund (USF) contribution factor, listed below, by the end user
customer's applicable monthly services.
USF Contribution Factor 0.08
4.5 Telecommunication Relay Service
The Telecommunications Relay Service charge wil be determined by multiplying
the TRS factor, listed below, by the end user customer's applicable monthly charges.
TRS Factor .00073
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.
SECTION 5 - NETWORK SERVICES DESCRIPTIONS
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
5.1 General
5.1.1 Services Ofered
The following Network Services are available to Business and/or Residence Customers:
MomentumFamily Packages
MomentumBiz PackagesDirect Inward Dial (DID) Service (D)
Integrated Services Digital Network (ISDN) Basic Rate Interface (BRI) (D)
Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI) (D)T1 Digital Data Service (D)Channelized T1 Service (D)
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 well 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 Services 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 responsibility with respect to the provision of emergency
services to persons and property 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:
A.Government fire fighting, Idaho State Highway Patrol, police, and emergency squad
service (as designated by the appropriate governmental agency) qualify as governmental
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Com petitive Local Exchange Service
emergency service agencies provided they answer emergency service calls on a
personally attended (live) twenty-four (24) hour basis, three hundred sixty-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 for a 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 party.
Answering is determined by hardware answer supervision in all cases where this signaling
is provided by the terminating local carrier and any intermediate carrier(s).
5.2.3 Timing terminates on all calls when the callng party 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 number
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 billngIssued: Effective:
Issued by: Peggy McKay, VP Operations
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
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 1 O. 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 - Yz) + t1
10
5.4 Rate Periods for Time of Day Sensitive Services
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: Peggy McKay, VP Operations
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
,
MON
I TUES I
WED
I THUR I FRI
SAT SUN
8:00-AM
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 billed 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
July 4
As Federally Observed
As Federally Observed
December 25
5.5 MomentumFamily Packages
Two packages have been designed to reward residence customers by providing a discount
for local and long distance services: MomentumFamilySM 60, and MomentumFamilySM
Unlimited. With both Programs, subscribers wil receive a residence line as well as the
following features:
Caller 10 deluxe with anonymous call rejection
Call waiting
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
Competitive Local Exchange Service
Three-way callng
Repeat dialing
Call forwarding
Call block
Call return
30 code speed dial
900/976 blocking.
MomentumFamilySM 60 Program includes 60 minutes of long distance usage. Each
additional minute above 60 wil be biled at $.05 per minute. The MomentumFamilySM
Unlimited Program includes unlimited domestic 1+ long distance usage.
All long distance calls with the MomentumFamilySM 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 MomentumFamilySM
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 Fam i1ysm products are designed for residential voice callng only. These (T)
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 MomentumBiz SM Packages (M)
Two packages have been designed to reward business customers by providing a discount
for local and long distance services: MomentumBiz 60SM, and MomentumBiz 600SM . With
both Programs, subscribers wil receive a business line as well as any of the following features:
Caller ID Call trace
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 42
Competitive Local Exchange Service
Call waiting
Three-way callng
Repeat dialing
Call forwarding
Hunting
Call block
Call return
900/976 blocking
30 code speed dial
MomentumBiz 60SM Program includes 60 minutes of domestic 1+ long distance usage. The
MomentumBiz 600SM 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 (N)
programs are offered on a month to month basis.
Both Programs require a 12 month term agreement, and wil automatically renew for (D)
successive one year renewal terms (and this Agreement shall renew and continue with respect
to such Services), unless either part notifies the other party in writing at least sixty (60) days
prior to the end of the then current Term. If either party 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 (D)
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 (D)
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 (D)
Direct Inward Dialing ("010") 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 càlls 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 software and hardware
not provided by the Company. Such hardware and software is the responsibilty of the Customer.
5.8 Integrated Services Digital Network (ISDN) Primary Rate Intenace (PRI)(D)
Integrated Services Digital Network (ISDN) is a set of transmission protocols that provides end-to-
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
end digital connectivity and integration of voice, data and videa, 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+0 configuration with 23 64Kbps Bearer (B) digital channels and 1 64KbpsData (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 0
channel PRI provides the out of band signaling, call control and messaging.
PRI is provided through standard four wire OS-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 0 Channel
arrangement, Customers are able to link up to 20 OS-1s together, providing a maximum of 479
64Kbps B channels controlled by a single 0 (signaling) channeL.
5.8.1 Integrated Services Digital Network (ISDN) Basic Rate Interlace (BRI) (D)
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 0 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 0
channel BRI provides the out of band signaling, call control and messaging.
BRI is provided through standard two or four wire OS-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 Descriptions
Issued: Effective:
Issued by:Peggy McKay, VP Operations
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 44
Competitive Local Exchange Service
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.
Call Forwarding Variable, Remote Acces - 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 penormed 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.
B.
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
Effective:
Peggy McKay, VP Operations
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 45
Competitive Local Exchange Service
includes the capabilties of Call Waiting Basic plus additional call treatment
options. Treatmentoptions 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)
Full utilization 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 10 Basic or Deluxe for display of callng
party 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
party 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.
I.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 part's city and state
may be displayed rather than a Directory Name, depending on available call data.
J.Anonymous Call Rejecion: 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 10 Deluxe.
K.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
Effective:
Peggy McKay, VP Operations
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 46
Competitive Local Exchange Service
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.
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 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 numb~r 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 party's
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.
Message Waiting Indication: Provides the end-user with an aüdible(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.
P.
Effective:
Peggy McKay, VP Operations
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
Q. Multiple Directory 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
types of calls cannot be reached using Repeat Dialing:
Calls to 800 Service numbers
Calls to 900 Service numbers
Calls preceded by an interexchange carrier access code
International Direct Distance Dialed calls
Calls to Directory Assistance
Calls to 911
S. Speed 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 thirty (30) code list.
Code lists may include local and/or toll telephone numbers. The Customer has
the abiliy 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 party answers, a two-way conversation can be held
before adding the original party 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 types 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+) 411,976,900,100001+,1000
011 +, N11 service, 101 XXXX
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 Local Exchange Service
b. Option 2 - Restricts 0-,0+,00-,100001+,976
c. Option 3 - Restricts 1+, 0-, 0+, 00-,100001+,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, 100001, 1000011+, N11 service,
101XXXX.
5.10. Remote Call Forwarding
Remote Call Forwarding (RCF) is a service whereby a call placed from a station to a customer's
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.
5.11 Listing Services
For each Customer of Company-provided Exchange Service(s), the Company shall arrange for
the listing of the Customer's main billng 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 Directory 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 Services
Issued: Effective:
Issued by:Peggy McKay, VP Operations
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 49
Competitive Local Exchange 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 party.
5.14 Miscellaneous Services
5.14.1 Presubscription 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
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 (D)
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 customer's premises. Interoffice
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.
SECTION 6 . FACILITIES BASED SERVICES
6.1 (Reserved for Future Use)
SECTION 7 - LOCAL SERVICES PRICE LIST
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 50
Competitive Local Exchange Service
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 local exchange services, in whole or in part, prior to the effective date hereof.
7.2 MomentumFamily Packages
MomentumFamily sm Packages Zonel Zone 2 Zone 3
MomentumFamilySM 60 Program, per month $36.95(1)
MomentumFamilySM Unlimited, per month $49.95(1)
$39.95(1)
$54.95(1)
$64.95(1)
$74.95(1)
Existing MomentumFamily customers with promotional rates wil increase $1.00 per month (i)
Per line effective January 8, 2005.
7.2.1 Optional Callng Services, per line
LATA wide callng
Privacy Manager
Voice Mail Package
Inside Wire Maintenance
Hunting
Additional Line (no feature)
Remote Call Forwarding
Included in package(R)
$5.95
$5.95
$3.95
$5.00$26.95 (i)
$15.00
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 51
Competitive Local Exchange Service
Directory Listings
Additional Listings, per month
Non-Published service charge, per month
Non-listed service charge, per month:
Per use feature charge
Additional RingPlus or feature per package
Calling card, $1.00 per call plus $.15 per minute
$2.50
$3.50
$2.50
$0.75
$2.00
7.3 MomentumBiz 8m Packages Zone1 Zone 2 Zone 3
MomentumBiz 60SM Program, per month $42.95(1)
$52.95(1)
$47.95(1)
$57.95(1)
$67.95(1)
$77.95(1)MomentumBiz 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
$8.95
$4.00
$15.00
$2.50
$4.00
$2.50
$0.75
7.4 Direct Inward Dialing (DID) Service (D)
This product wil be grandfathered and no longer available to new customers effective September
15,2004.
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 software and hardware
not provided by the Company. Such hardware and software is the responsibility of the Customer.
The following charges apply to Customers subscribing to DID service provided by the Company.
The Customer wil be charged for the number of DID Number Blocks (20 numbers per block)
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
regardless of the number of DID numbers utilzed out of the available 20 numbers.
Installation MonthlyCharge Recurring
Integrated Service Digital Network (ISDN)
This product wil be grandfathered and no longer available to new customers effective
September 15, 2004.
7.5.1 Rate Intenace (PRI) - Rates and Charges
Establish TrunkGroup and Provide
1st Block of 20 DID Numbers
Each Additional Block of 20 DID Numbers
$480.00
$480.00
DID Trunk Termination:
Per Inward Only Trunk
DID Trunk
Dual Tone Multifrequency Pulsing Option, Per Trunk
$ 50.00
$ N/A
$ N/A
$16.00Automatic Intercept Service, Per Number Referred
7.5
i Access h nnels, eachteroffce Circuit Per ss Line
First Mile
Each additional mile
$125.00
NA
$ 2.70
$ 2.70
$24.00 (I)
$37.00 (I)
$ 6.75
$ N/A
(D)
$ 60.00
$19.20
7.5.2 Basic Rate Intenace (BRI) (D)
This product wil be grandfathered and no longer available to new customers effective September
15,2004.
The following pricing plan allows for up to 320 hours of use per month per DSL arrangement. For
all usage above the 320 hours allowance, the rate of $.05 per minute of usage will apply.
ISDN BRI includes one access line with 2 circuit switched voice/data B channels for a flat
month rate.
ISDN DSL Access Arrangement-Flat rate
The following optional BRI Features are available:
Call Forwarding Variable
Call Forwarding Busy Line
Call Forwarding Don't Answer
Call Pickup
Installation
Charge
$100.00
$1.70
$1.70
$1.70
$1.70
Issued:Effective:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Monthly
Recurring
$96.00 (I)
$2.25
$1.88
$1.88
$3.00
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff NO.1
Original Page 53
Competitive Local Exchange Service
Conference, Drop, Hold and Transfer
Additional Call Appearance
Call Return
Call Tracing
$1.70
$1.70
$1.70
$1.70
$1.70Visual Message Waiting
$2.25
$1.70
$3.00
$3.38
$0.38
The following Feature packages are available for use with National ISDN lines. The monthly rates
below do not include voice mail service, which is allowed with EZ1 A and EZ2A.
Package EZ1
Package EZ1 A
Package EZ2
Package EZ2A
Interoffice Circuit Per BRI Access Line
First Mile
Each additional mile
$ 240.00
NA
$6.00
$10.85
$6.00
$10.85
$ 92.00
$ 0.36
7.6 Digital Data Services
These products wil be grandfathered and no longer available to new customers effective
September 15, 2004.
7.6.1 T -1 Digital Data Service
Service Establishment Charge
T1 Local Channel, each
First 11 mile
Each additional 11 mile
T1 Interoffice Channel, each
Fixed monthly rate
Each airline mile
Installation
Charge
$575.00
$300.00
$310.00
(D)
(D)
Monthly
Recurring
$105.00
$ 39.00
$ 75.00
$ 21.00
7.6.2 Channelized T-1 Digital Data Service (D)
This in an intraLATA offering which provides for central office channelization, where 24 voice
grade channels are equal to a T1. Channelization is provided by 0 type channels banks. The
customer is responsible for his own equipment but it must be compatible with the channelization
at the central office.
T1 Channelized Voice Service
Monthly Rate
$1000.00
Installation Charge
$1000.00
An additional charge of $300.00 wil apply when telephone numbers must be ported back from
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 54
Competitive Local Exchange Service
a facilties based provider.
7.7 Extension Line Channels
Per channel
Installation Charge
$29.50
Monthly Charge
$15.93
SECTION 8 - DIRECTORY ASSISTANCE AND LISTING SERVICES
8.0 Directory Listings
8.1 General
The following rules apply to standard listings in light face type in the white pages
(alphabetical section) of the telephone directory and to the Directory Assistance records
of the Company.
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.
8.1.2 Composition of Listings
A. Names
The following names may be included in business service listings:
1.
2.
The name of subscriber or joint user.
The name of each business enterprise which the subscriber or joint user
conducts.
The name by which the business of a subscriber or joint user is known to
the public. Only one such name representing the same general line of
business wil be accepted.
The name of any person associated with the subscriber or joint user in
3.
4.
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
the same business.
5. The name of any person, firm or organization which subscriber or joint
user is authorized to represent, or the name of an authorized
representative of the subscriber or joint user.
6. Alternative spellng of an individual name or alternative arrangement of a
business name, provided the listing in the judgment of the Company, is
not for advertising purposes.
The name of a publication issued periodically by the subscriber or joint
user.
7. The name of an inactive business organization in a cross-reference
listing when authorized by such business or organization.
8. The name of a member of subscriber's domestic establishment when
business service is furnished in the subscriber's residence.
9. The name of a corporation which is the parent or a subsidiary of the
subscriber.
10. The name of a resident of a hotel, apartment house, boarding house or
club which is furnished PBX service, may be included in a residence tye
listing with the telephone number of the PBX service.
11. The name of the subscriber to a sharing arrangement.
B. Designation
The purpose of a business designation is to identify the listed part and not to
advertise the business. No designation of the nature of the business is included if
this is sufficiently indicated by the name. Where a listed part is engaged in more
than one general line of business, one additional business designation may be
included in the listing when necessary to identify the listed party. When a listed
party has two or more listed telephone numbers or two or more business
addresses, designations indicating the branches of the organization may be
included where necessary to assist the public in callng.
A designation may include a title to indicate a listed party's official position, but not
the name of the firm or corporation with which the individual is connected.
Individual names or titles are not shown following the name of a firm or
corporation. A term such as "renting agent" may be included in a listing indented
under the name of a building, provided the agent maintains a renting office in
such a building.
A designation is not ordinarily provided in a residence type listing except for
residential service as permitted under the terms of this tariff. A professional
designation is permitted on residence service in the case of a physician, surgeon,
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
dentist, osteopath, chiropodist, podiatrist, optometrist, chiropractor,
physiotherapist, Christian Science practitioner, veterinary surgeon, registered
nurse or licensed practical nurse, provided that the same name and designation
is also listed on business service of that subscriber or another subscriber in the
same or different directory.
The listing of service in the residence of a clergyman may include the designation
"parsonage," "rectory," "parish house," or "manse," and any such listing may be
indented under a listing in the name of the church. Where residence service is
furnished in a church study, the listing may include the designation "study."
c. Addres
Each residence or non-profit listing may, but does not have to, include the house
number and street name of the residence where the telephone service is
provided. Other information, such as a building name or a locality designation,
may be included to help identify the Customer. The designation in the listing wil
be provided according to the rules in paragraph 8.1.2.B above.
D. Telephone Number
Each listing may include only one telephone number, except in an alternate
telephone number listing where each number listed is considered a line for rate
purposes.
A listing may include only the telephone number of the first line of a PBX system
or incoming service group, except that a trunk not included in the incoming
service group of a PBX system, or the first trunk of a separate incoming service
group of a PBX system may be listed to meet special conditions where a
corporation and its subsidiaries use the same PBX system.
8.1.3 Types of Listings
A. Standard Listing
A standard listing includes a name, designation, address and telephone number
of the Customer. It appears in the White Pages of the telephone directory and in
the Company's Directory Assistance records.
B.Indented Listing
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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
An indented listing appears under a standard listing and may include only a
designation, address and telephone number. An indented listing is allowed only
when a Customer is entitled to two or more listings of the same name with
different addresses or different telephone numbers. For example:
Smith, John MD
Offce 125 Portland 555-4180
Residence 9 Glenway 555-8345
C. Alternate Telephone Number Listing and Night Listing
Any listed part who has made the necessary arrangements for receiving
telephone calls during his or her absence may have an alternate telephone
number listing or a night listing, such as the following.
If no answer call (telephone number)
Night calls (telephone number)
Night calls after PM (telephone number)
Nights, Sundays and holidays (telephone number)
5PM to 9AM weekdays, Saturday until 9AM, Monday and holidays
(telephone number)
Such listing may be furnished as an indented listing or as a sub-caption. The
telephone number in such a listing may be that of another service furnished the
same subscriber or one of the subscriber' s PBX trunks not included in the
incoming service group, or the service furnished a different subscriber.
D. Duplicate Listing
Any listing may be duplicated in a different directory or under a separate
geographical heading in the same directory. Such listing may be duplicated in
indented form.
E. Reference Listing
A subscriber having exchange services listed under different geographical
headings may have an indented listing in reference form in lieu of a duplicate
listing.
F.Cross Reference Listing
Issued:Effective:
Issued by:Peggy McKay, VP Operations
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 58
Competitive Local Exchange Service
A cross reference listing may be furnished in the same alphabetical group with
the related listing when required for identification of the listed party and not
designated for advertising purposes.
8.1.4 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.
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 (Le., 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
Issued: Effective:
Issued by:Peggy McKay, VP Operations
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 59
Competitive Local Exchange 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.
8.4 Directory Assistance 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:Peggy McKay, VP Operations
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 60
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:
Issued by:Peggy McKay, VP Operations
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 61
Competitive Local Exchange Service
SECTION 10 - MISCELLANEOUS SERVICES
10.1 Carrier Presubscription
Issued:
Issued by:
10.1.1 General
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 Presubscription Options - Customers may select the same carrier or separate carriers
for intraLA T A and interLA T A long distance. The following options for long distance
Presubscription are available:
Option A:Customer may select the Company as the presubscribed carrier for
IntraLATA and InterLATA toll calls subject to presubscription.
Option B:Customer may select the Company as the presubscribed carrier for
IntraLAT A calls subject to presubscription and some other carrier as the
presubscribed carrier for interLATA toll calls subject to presubscription.
Option C: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.
Option 0:Customer may select the carrier other than the Company for both
intraLATA and interLATA toll calls subject to presubscription.
Option E:Customer may select two different carriers, neither being the Company
for intraLA T A 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.
Option F: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:
Peggy McKay, VP Operations
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 62
Competitive L9cal Exchange Service
10.1.3 Rules and Regulations
Customers of record wil retain their primary interexchange carrier(s) 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 Presubscription 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 carrier(s)
free of charge. Until the Customer informs the Company of his/her choice of primary toll
carrier, the Customer wil not have access 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
carrier(s) of choice. Customers who inform the Company of a choice for toll carrier
presubscription within the 90-day period wil not be assessed a service charge for the
initial Customer request.
Customers of record may initiate a intraLA T A or interLA T A 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 will read a
random listing of all available intraLATA carriers to aid the Customer in selection.
10.1.5 Presubscription Charges
A.Application of Charges
Issued:Effective:
Issued by:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Momèntum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Idaho PUC Tariff No.1
Original Page 63
Competitive Local Exchange Service
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
Charge, as set forth in Paragraph 4.5 wil apply. Customers who request a
change in intraLA T A and interLA T A carriers with the same order wil be assessed
a single charge per line.
SECTION 11- PRIVATE LINE SERVICES
11.1 (Reserved for Future Use)
Issued: Effective:
Issued by:Peggy McKay, VP Operations
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 64
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, type 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:
Issued by:Peggy McKay, VP Operations
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 65
Competitive Local Exchange Service
SECTION 13 - PROMOTIONAL OFFERINGS
13.1 Special 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. Requests for promotional offerings will 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:Peggy McKay, VP Operations
Momentum Telecom, Inc.
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
EXHIBITG
MOMENTUM TELECOM, INC.
Proposed servce area Map
Momentu seeks statewide authority to offer its servces.
1819554 vI Exhbit G