20100819Illustrative Tariff.pdf

EXHIBIT 5
Ilustrative tarif
DWT IS200100v2 0102802-000141
rVi 013 - (-. 10--0 (
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.D.C. Tariff No. 1
Original Idaho P.D.C. Title Sheet
Competitive Local Exchange Carier
Tariff Schedule Applicable to
TELECOMMUNICATIONS SERVICES
of
MOBILITIE, LLC
For Statewide Service in Idaho
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT IS237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.D.C. Tarff No. 1
Original Idaho P.D.C. Sheet 1
Competitive Local Exchange Carrier
CHECK SHEET
The Title Sheet and Sheets 1 through 23 inclusive of this tariff are effective as of the date shown
at the bottom of the respective sheet(s).
SHEET
Title
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
REVISION
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 2
Competitive Local Exchange Carrier
TABLE OF CONTENTS
Subject Matter Sheet No.
TITLE SHEET................................................................................................................. .......... Title
CHECK SHEET.............................................................................................................................. 1
PRELIMINARY STATEMENT .................................................................................................... 3
EXPLANATION OF SYMBOLS .................................................................................................. 3
MUNICIPALITIES OR TERRTORIES SERVICED................................................................... 4
APPLICABILITY ........................................................................................................................... 5
AVAILABILITY OF THE COMPANY'S TARIFF ...................................................................... 5
SECTION 1 - RF TRANSPORT.SERVICE.................................................................................. 6
SECTION 2 - DEFINITIONS........................................................................................................8
SECTION 3 - GENERAL RULES AND REGULATIONS........................................................ 10
3.1 - Undertaking of Company.................................................................................... ............... 10
3.2 - Application for Service...................................................................................................... 10
3.3 - Contract or Agreements.............. ..................... ........................................ ........ ............. ..... 10
3.4 - Deposits....................... ....................................................................................................... 11
3.5 - Notices ............................................................................................................................... 11
3.6 - Rendering and Payment of Bils ........................................................................................ 12
3.7 - Disputed Bills................................................ .......................... ............... ................ ............ 13
3.8 - Cancellation of Service by Company................................................................................. 14
3.9 - Cancellation of Service By Customer..... ....................................... ...... .............................. 15
3.10 - Special Information Required on Forms.......................................................................... 15
3.11 - Credit Establishment........................................................................................................ 16
3.12 - Prorating of Bills.................. ........... ............ ....................... .............................................. 17
3.13 - Information to Be Provided to the Public ............... ......... ................. ....................... ........ 17
3.14 - Continuity of Service............................... ........... ............ ................................................. 17
3.15 - Use of Service......,.............................................................................. ............................. 17
3.16 - Limitations of Service.......... ....... ...................................................... ........ ..... ...... ............ 17
File Date:'Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 2
Competitive Local Exchange Carier
3.17 - Interconnection................................................................................................................ 18
3.18 - Liability of the Company.......... .............. ............... ..... .............................. ....................... 18
3.19 - Measurement of Service.... ............................. ...... ............. ................... .............. ............. 19
3.20 - Responsibilities of the Customer ............................ ................................ ......................... 19
3.21 - Special Construction........................................................................................................ 19
3.22 - Demarcation Points.......................................................................................................... 19
3.23 - Force Majeure .................................................................................................................. 19
3.24 - Disclaimer of Waranties ................................................................................................. 20
SECTION 4 - PROMOTIONS..............................................................................;......................20
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 3
Competitive Local Exchange Carier
PRELIMINARY STATEMENT
This tariff contains all effective rates and rules together with information relating, and applicable
to Mobi1itie, LLC ("Company").
The Company has been authorized by the Idaho Public Utility Commission ("PUC") to provide
telecommunications services throughout the State of Idaho.
The rates and rules contained herein are subject to change pursuant to the rules and regulations of
the PUC.
EXPLANATION OF SYMBOLS
(C) To signify changed listing, rule or condition which may affect rates or charges.
(D) To signify deleted or discontinued rate, regulation or condition.
(I) To signify a change resulting in an increase to a Customer's bil.
(L) To signify that material has been relocated to another tariff location.
(N) To signify a new rate, regulation, condition or sheet.
(R) To signify a change resulting in a reduction to a Customer's bilL.
(S) To signify matter appearing elsewhere or repeated for clarfication.
(T) To signify a change in text but no change to rate or charge.
(Z) To signify a correction.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 4
Competitive Local Exchange Carier
MUNICIP ALITIES OR TERRTORIES SERVICED
The Company's service is available statewide. The obligation of the Company to provide
service is dependent upon its abilty to procure, construct, and maintain facilties that are
required to meet the Customer's Service Order.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 5
Competitive Local Exchange Carrer
APPLICABILITY
This tariff sets forth the service offerings, rates, terms, and conditions applicable to the
furishing of intrastate communications services by the Company within the State of Idaho.
This tariff applies only for the use of the Company's services for communications between
points within the State of Idaho; this includes the use of the Company's network to complete an
end to end intrastate communication.
AVAILABILITY OF THE COMPANY'S TARIFF
A complete copy of the Company's current tariff is maintained at the Company's business
offices located at:
Mobiltie, LLC
660 Newport Center Drive
Suite 200
Newport Beach, California 92660
This tariff is also available for public inspection at the Idaho Public Utility Commission.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 6
Competitive Local Exchange Carrier
SECTION 1 - RF TRANSPORT SERVICE
1. Application of rates
RF Transport Services rates apply to service furished to business customers. RF
Transport Services are not available to residential customers.
2. RF Transport Service
(A) General service offerings and limitations
RF Transport Services utilze optical technology, including multi-wavelength
optical technology over dedicated transport facilities to provide Customers with
links to emit RF coverage.
RF Transport Services connect Customer-provided wireless capacity equipment to
Customer-provided or Company provided bi-directional RF-to-optical conversion
equipment at a hub facility. The hub facility can be Customer or Company
provided. The conversion equipment allows the Company to accept RF traffic
from the Customer and then send bi-directional traffic transmission across the
appropriate optical networks. At the remote end, Customer or Company provided
RF-to-optical conversion equipment allows bi-directional conversion between
optical signals and RF signals. RF signals can be received and transmitted at this
remote node. Hence the Company provides optical transit services for RF signals.
The fuishing of RF Transport Services requires certain physical arrangements of
equipment and facilities of the Company and other entities and is subject to the
availability of such equipment and facilities and the economic feasibility of
providing such necessary equipment and facilities and the RF Transport Services.
The specific limitations applicable to RF Transport Services are as follows:
.All optical services are provided on single mode optical fiber.
.Some optical services may be of a multi-wavelength nature.
.Current wireless standards limit the distance between a hub' site
and a remote node to 20km.
.The optical loss between a hub site and a remote node must not
exceed 18 dB.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 7
Competitive Local Exchange Carier
(B) Minimum Term
The minimum service term for RF Transport Service is five (5) years.
(C) Schedule 1 - Rates and Charges For RF Transport Service
The monthly recurring rates and nonrecuring charges for RF Transport Services
are as follows
Description Fee per Segment
Nonrecurring connection charge
Monthly recuring charge
$100,000
$15,000
For purposes of this Tarff, Segment shall mean a one-way optical carrier between one
(1) Customer hub site or remote node and another Customer hub site or remote node. The
optical carrier is a single optical wavelength. The optical fiber can carry more than one
wavelength.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 8
Competitive Local Exchange Carrier
SECTION 2 - DEFINITIONS
Chanel:
A communications path between two or more points of termination.
Commission:
Idaho Public Utility Commission.
Company:
Mobiltie, LLC
Customer:
The person, firm, corporation or other entity that orders or uses service and is responsible
for payment of charges and compliance with tariff regulation.
Customer Designated Premises:
The premises specified by the Customer for origination or termination of services.
Dedicated Access:
Non-switched access between a Customer's premises and the point of presence of the
Company's underlying carrier.
Facilities:
Any cable, poles, conduit, carier equipment, wire center distribution frames, central
offce switching equipment, etc., used to provide services offered under this tariff.
Holidays:
The Company observes the following Holidays: New Year's Day, Memorial Day, July 4,
Labor Day, Thansgiving Day, Christmas Day.
Premises:
A building or buildings on contiguous property, not separated by a public highway or
right-of-way.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802.000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.c. Sheet 9
Competitive Local Exchange Carier
RF:
Radio Frequency.
RAN:
A radio access node.
Transmission Path:
An electrical path capable of transmitting signals within the range of the service offering.
A transmission path is comprised of physical or derived facilities consisting of any form
or configuration of plant used in the telecommunications industry.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 10
Competitive Local Exchange Carier
SECTION 3 - GENERAL RULES AND REGULATIONS
3.1 - Undertaking of Company
The Company's services are fuished for telecommunications services originating
and/or terminating in any area within the State of Idaho.
The Company provides competitive access provider services to Customers for the direct
transmission and reception of voice, data, and other types of communications. Services
are offered via the Company's facilties (whether owned, leased, or under contract) in
combination with resold services provided by other certificated carriers. The Company. is
responsible under, this tariff only for the services and facilities the Company provides
hereunder.
Subject to availabilty, the Customer may use account codes to identify the users or user
groups on an account. The numerical composition of the codes shall be set by Company
to assure compatibilty with the Company's accounting and biling systems and to avoid
the duplication of codes.
The Company's services are provided on a monthly basis unless otherwise provided, and
are available twenty-four (24) hours per day, seven (7) days per week, subject to the
availabilty of necessary service, equipment and facilities and the economic feasibilty of
providing such necessary service, equipment, and facilities.
3.2 - Application for Service
Service may be initiated only based on a written agreement between the Company and
the Customer. To initiate a service request, the Customer must provide the following
information: the Customer's name; an address to which the Company shall provide
service; and a biling address (if different). The service application does not itself bind
either the Customer to subscribe to the service or the Company to provide the service.
Request for service under this Tariff wil authorize the Company to conduct a credit
search on the Customer. The Company reserves the right to refuse service on the basis of
credit history, and to refuse fuher service due to late payment or nonpayment by the
Customer. Potential customers who are denied service must be given the reason for the
denial in writing within 10 days of service deniaL.
3.3 - Contract or Agreements
In lieu of the rates otherwise set forth in this Tariff, rates and charges, including
installation, special construction, and recurring charges, may be established at negotiated
rates on an Individual Case Basis (lCB), taking into account such factors as the nature of
the facilties and services, the costs of construction and operation, and the length of
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 11
Competitive Local Exchange Carier
service commitment by the Customer, as long as the rates and charges are not less than
Carrier's costs of providing the service. Such arrangements shall be considered Special
Pricing Arrangements, the terms of which wil be set forth in individual contracts or
Customer Term Agreements. Specialized Pricing Arangement rates or charges wil be
made available to similarly-situated Customers on comparable terms and conditions.
Upon reasonable request, Carier wil make the terms of these contracts available to the
Commission and its staff for review on a confidential and proprietary basis.
3.4 - Deposits
The Company will not collect deposits from its customers.
3.5 - Notices
Notices provided to the Customer by the Company shall be as follows:
A. Rate Information
(1) Rate information and information regarding the terms and conditions of
,service wil be provided upon request by a current or potential Customer.
Notice of major increases in rates wil be provided in writing to Customers
and postmarked at least 30 days prior to the effective date of the change.
No Customer notice is required for minor rate increases or for rate
decreases. Customers wil be advised of optional service plans in writing
as they become available. In addition, Customers shall be advised of
changes to the terms and conditions of service no later than the
Company's next periodic biling cycle.
(2) When Company provides information to a Customer that is in conflct
with its tariffs, the Customer shall have the right to bring a complaint
against the Company.
B. Discontinuance of Service Notice
(1) Notice by Customers
Customers are responsible for notifying the Company of their desire to
discontinue service on or before the date of disconnection. Such notice
must be in wrting.
(2) Notice by Company
Notices to discontinue service for nonpayment of bils wil be provided in
writing by first class mail to the Customer not less than 10 calendar days
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.c. Sheet 12
Competitive Local Exchange Carier
prior to termination. Each notice wil include all of the following
information:
1. The name and address of the Customer whose account is
delinquent.
2. The amount that is delinquent.
3. The date when payment or arangements for payment are required
in order to avoid termination.""
4. The procedure the Customer may use to initiate a complaint or to
request an investigation concerning service or charges.
5. The telephone number of a representative of the Company, who
can provide additional information or institute arrangements for
payment.
C. Change in Ownership or Identity Notice
Company shall notify Customers in writing of a change in ownership or identity
of the Customer's service provider on the Customers' next monthly billng cycle.
D. Rules for Company Notices
Notices the Company sends to Customers, or the Board, wil be a legible size and
printed in a minimum point size type of 10 and are deemed made on date of
presentation.
3.6 - Rendering and Payment of Bils
File Date:
A.Charges for service are applied on a recuring basis. Service is provided and
biled on a monthly (30 day) basis. Months are presumed to have 30 days. The
billng date is dependent on the biling cycle assigned to the Subscriber. Service
continues to be provided for the minimum service term.
B.The Customer is responsible for the payment of all charges for services furnished
to the Customer. Charges are biled monthly in advance. The Company is not
responsible for any telephone charges that may be incurred by the Customer in
gaining access to the Company's network.
C.Billng is payable upon receipt and past due thirty (30) days after issuance and
posting of invoice. Bils not paid within thirty-two (32) days after the date of
posting are subject to a 1.5 percent late payment charge for the unpaid balance, or
the maximum allowable under state law. The late payment date wil be
Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 13
Competitive Local Exchange Carier
prominently displayed on the Customer's bilL. Company shall endeavor to credit
payments within 24 hours of receipt to avoid assessing late payment charges
incorrectly.
D. The name(s) of the Customer(s) desiring to use service must be set forth in the
application for service.
3.7 - Disputed Bils
Biling disputes should be addressed to Company's customer service organization via
telephone to 1-877-999-7070.
In case of a biling dispute between the Customer and the Company as to the correct
amount of a bil that canot be adjusted with mutual satisfaction, the Customer can make
the following arangement:
Prior to suspension or termination of service by the Company, the Customer may request,
either orally or in writing, that the Company investigate and review the disputed amount.
The Compåry wil comply with such request. The undisputed portion of the bil must be
paid by the due date shown on the bil or the service wil be subject to
suspension/termination if the Company has notified the Customer by written notice of
such delinquency and impending suspension/termination. Company wil also advise the
Customer in writing of the Board's formal and informal complaint procedures and that, if
there is stil disagreement after the investigation and review by the Company and the
Company's written findings to the Customer, the Customer may appeal to the
Commission within 10 days of the date the Company mailed its findings to the Customer.
The Company wil not suspend/terminate the Customer's service for nonpayment as long
as the Customer complies with the procedures of this section.
In order to avoid suspension of service and late payment charges, the disputed amount
must be paid within foureen (14) calendar days after the date the Company notifies the
Customer that the investigation and review are completed and that such payment must be
made or service wil be interrpted. However, the Company wil not suspend service
prior to the payment due date as shown on the bil.
A customer may dispute charges and seek a credit for bils paid to the Company within
two years of biling, commencing five (5) days after remittance of the bilL.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 14
Competitive Local Exchange Carier
3.8 - Cancellation of Service by Company
A. The Company may discontinue service under the following circumstances:
1. Nonpayment of any sum. due to the Company for service more than 30
days beyond the date of the invoice for such service. In the event the
Company terminates service for nonpayment, the Customer may be liable
for all reasonable court costs and attorneys fees as determined by the PUC
or by the Court; or
2. In the event of a condition determined to be hazardous to the Customer, to
other Customers of the utilty, to the utilities equipment, the public or to
employees of the utility; or
3. By reason of any order or decision of a cour or any other governental
authority which prohibits the Company from furnishing such service; or
4. If the Company deems such refusal necessary to protect itself or third
paries against fraud or to otherwise protect its personnel, agents, facilities
or services without notice; or
5. F or unlawful use of the service or use of the service for unlawful
purposes; or
6. Failure to post a required deposit or guarantee; or
7. A violation of, or failure to comply with, any regulation or condition
governing the furnishing of service; or
8. If the Customer provides false information to the Company regarding the
Customer's identity, address, creditworthiness, or past, current or planned
use of Company's services.
B. The Company wil provide the following notice of disconnection:
1.Written notice of the pending disconnection will be rendered not less than
10 days prior to the disconnection. Notice shall be deemed given upon
deposit, first class postage prepaid, in the U.S. Mail to the Customer's last
known address.
2.Service may be discontinued during business hours on or after the date
specified in the notice of discontinuance. Service will not initially be
discontinued on any Saturday, Sunday, legal holiday, or any other day
Company service representatives are not available to serve Customers.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 15
Competitive Local Exchange Carrier
C. Restoration of service
The Customer may restore service by full payment in any reasonable manner
including by personal check. However, the Company may refuse to accept a
personal check if a Customer's check for payment of service has been dishonored,
excepting ban error, within the last twelve months. There is a $35.00 charge for
restoration of service after disconnection; if, however, the equipment necessary
for service has been removed, the non-recurng fee wil apply.
3.9 - Cancellation of Service By Customer
Customer may cancel service by providing written notice to Company thirty (30) days
prior to cancellation. However, Customer may not cancel service prior to expiration of
the initial five (5) year term.
Customer is responsible for charges while stil connected to the Company's service and
the payment of associated local exchange company charges, if any, for serviee charges.
Any non-recoverable cost of Company expenditures shall be borne by the Customer if:
A. The Customer orders service requiring special facilities dedicated to the
Customer's use and then cancels the order before such service begins, before
completion of the minimum period or before completion of some period mutually
agreed with the Customer for the non-recoverable portions of expenditures; or
B. Liabilities are incurred expressly on behalf of the Customer by Company and not
fully reimbursed by installation and monthly charges; and
C. Based on an order for service and construction has either begun or has been
completed, but no service provided.
3.10 - Special Information Required on Forms
A. Customer Bils
The Company shall be identified on each bil. Each bil wil prominently display
a toll-free number for service or billng inquiries, along with an address where the
Customer may write. If the Company uses a biling agent, it wil also include the
name of the biling agent it uses. Each bil for telephone service wil contain
notations concerning the following areas, as applicable:
When to pay your bil;(1)
(2)Biling detail including the period of service covered by the bil;
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.c. Tariff No. 1
'Original Idaho P.U.C. Sheet 16
Competitive Local Exchange Carrier
(3) Late payment charge and when applied;
(4) How to pay your bil;
(5) Questions about your bil;
(6) Network access for interstate callng;
(7) In addition to the above, each bil shall include the following statement:
"This bil is now due and payable; it becomes subject to a late payment
charge if not paid within 30 calendar days of presentation date. . Should
you question this bil, please request an explanation from Mobiltie, LLC"
Company wil also advise the Customer in writing of the Board's formal
and informal complaint procedures and that, if there is stil disagreement
after the investigation and review by the Company and the Company's
wrtten findings to the Customer, the Customer may appeal to the
Commission within 10 days of the date the Company mailed its findings to
the Customer.
B. Deposit Receipts
The Company shall provide the Applicant or Customer with a Deposit Receipt for
any deposit received. The receipt shall show the Customer's name, service
address, type of service, amount of deposit, rate of interest on deposit, date
received, Company's name, and a statement of the conditions under which the
deposit wil be refunded. The Company will refund the Customer's deposit even
if the Customer has lost the receipt.
3.11 - Credit Establishment
Each applicant for service shall provide credit information satisfactory to the Company or
pay a deposit. Deposits may be avoided if the applicant:
A.Provides credit history acceptable to the Company. Credit information contained
in the applicant's account record may include, but shall not be limited to, account
established date, 'can-be-reached' number, biling name, and location of curent
and previous service.
B.A cosigner or guarantor may be used providing the cosigner or guarantor has
acceptable credit history with the serving Company or another acceptable local
carier.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 17
Competitive Local Exchange Carrier
C. Company cannot refuse a deposit to establish credit for service. However, it may
request the deposit to be in cash or other acceptable form of payment (e.g., cashier's
check, money order, bond, letter of credit).
3.12 - Prorating of Bils
Any prorated bil shall use à 30-day month to calculate the pro-rata amount. Prorating
shall apply only to recurring charges. All nonrecuring and usage charges incured
during the billng period shall be biled in addition to prorated amounts.
3.13 - Information to Be Provided to the Public
A copy of this tariff schedule wil be available for public inspection in the Company's
business office during regular business hours.
Copies of the Company's tariff schedules are available to the public at nominal costs to
recover photocopying, postage and/or transmission expenses.
3.14 - Continuity of Service
In the event of prior knowledge of an interrption of service for a period exceeding one
day, the Customers wil, if feasible, be notified in writing, by mail, at least one week in
advance.
3.15 - Use of Service
Service may not be used for any unlawfl purose or for any purose for which any
payment or other compensation is received by the Customer, except when the Customer
is a duly authorized and regulated common carrier. This provision does not prohibit an
arangement between the Customer, authorized user or joint user to share the cost of
service.
The Company strictly prohibits use of the Company's services without payment or an
avoidance of payment by the Customer by fraudulent means or devices including
providing falsified callng card numbers or invalid callng card numbers to the Company,
providing falsified or invalid credit card numbers to the Company or in any way
misrepresenting the identity of the Customer.
3.16 - Limitations of Service
Service is offered subject to the availabilty of the necessary facilities and/or equipment
and subject to the provisions of this taiff. Company reserves the right not to provide
service to or from a location where the necessary facilities or equipment are not available.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tarff No. 1
Original Idaho P.U.C. Sheet 18
Competitive Local Exchange Carier
Company reserves the right to discontinue furishing the service upon its wrtten notice,
when necessitated by conditions beyond its control or when Customer is using the service
in violation of the provisions of this tariff, or in violation of the law.
Title to all facilities provided by Company under these regulations remains in Company's
name.
3.17 - Interconnection
Service furnished by Company may be interconnected with services or facilities of other
authorized communications common cariers and with private systems, subject to the
technical limitations established by Company. Any special interface of equipment or
facilities necessary to achieve compatibilty between the facilities of Company and other
participating carriers shall be provided at the Customer's expense.
Interconnection between the facilties or services of other carriers shall be under the
applicable terms and conditions of the other cariers' tariffs. The Customer is responsible
for taking all necessar legal steps for interconnecting Customer-provided terminal
equipment or communications equipment with Company's facilities. The Customer shall
secure all licenses, permits, rights-of-way and other such arrangements necessar for
interconnection.
3.18 - Liability of the Company
A.The provisions of this rule do not apply to errors and omissions caused by wilful
misconduct, fraudulent conduct or violations of law.
B.In the event an error or omission is caused by the gross negligence of the
Company, the liabilty of the Company shall be limited to and in no event exceed
the sum of $10,000.
C.The liabilty of the Company for damages arsing out of mistakes, omissions,
interrptions, delays, or errors, or defects in any of the services or facilities
furished by the Company up to and including its Local Loop Demarcation Point,
including exchange, toll, private line, supplemental equipment, alphabetical
directory listings (excluding the use of bold face type) and all other services, shall
in no event exceed an amount equal to the pro rata charges to the Customer for the
period during which the services or facilities are affected by the mistake,
omission, interrption, delay, error or defect, provided, however, that where any
mistake, omission, interruption, delay, error or defect in anyone service or facility
affects or diminishes the value of any other service said liability shall include
such diminution, but in no event shall the liability exceed the total amount of the
charges to the Customer for all services or facilities for the period affected by the
mistake, omission, interrption, delay, error or defect.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. Tariff No. 1
Original Idaho P.U.C. Sheet 19
Competitive Local Exchange Carier
D. Errors in Transmitting, Receiving or Delivering Oral Messages by Telephone
The Company shall not be liable for errors in transmitting, receiving or delivering
oral messages by telephone over the lines of the Company and connecting
utilities.
3.19 - Measurement of Service
Charges for service are without regard to mileage.
3.20 - Responsibilties of the Customer
A. The Customer is responsible for: placing any necessary service orders; complying
with tariff terms and conditions; for assuring that users comply with tariff
regulations; and for payment of charges for calls originated from the Customer's
telephone lines.
B. The Customer is responsible for aranging access to its premises at times mutually
agreeable to Company and the Customer when required for installation, repair,
maintenance, inspection or removal of equipment associated with the provision of
Company services.
C. The Customer is responsible for maintaining its terminal equipment and facilities
in good operating condition. The Customer is liable for any loss, including loss
through theft, of any Company equipment installed at the Customer's premises.
3.21 - Special Constrction
Special construction charges apply where the Company fuishes a facility or service for
which a rate or charge is not specified in the Company's tariffs. Charges wil be based on
the costs incured by the Company (including retur) and may include:
1. non-recurring charges;
2. recurring charges;
3. termination liabilities; or
4. combinations of the above.
3.22 - Demarcation Points
Services shall be provided to mutually agreeable points of demarcation.
3.23 - Force Majeure
The Company wil not be liable for any failure of performance due to causes beyond its
control, including but not limited to cable dig-up by third pary, acts of God, civilFile Date: Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219vl 0102802-000141
Mobiltie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Idaho P.U.C. TarìtfNo. 1
Original Idaho P.U.C. Sheet 20
Competitive Local Exchange Carier
disorders, actions of governental authorities, actions of civil or military authority, labor
problems, national emergency, insurrection, riots, war, fire, flood, and atmospheric
conditions or other phenomena of nature, such as radiation. In addition, the Company
wil not be liable for any failure of performance due to necessary network
reconfiguration, system modifications for technical upgrades, or actions taken by any
cour or governent agency having jurisdiction over the. Company.
3.24 - Disclaimer of Warranties
THE COMPANY MAKES NO WARRNTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRNTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH
HEREIN.
SECTION 4 - PROMOTIONS
4.1 Promotional Offerings - General
Reserved for future use.
File Date:Effective Date:
Issued By:
Yvonne Schroeder de Orr
Tarif Manager
DWT 15237219v1 0102802-000141