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HomeMy WebLinkAbout20061003Illustrative tariff.pdfRECE/\/;: ' I ~ . 2006 OCT - 3 12: /L)AU(" UTlLrm:isu Yi~UCCOMri'IJSS '" jlttc - 't - () 6- MY TEL CO, INC. VI. ILL USTRA TIVE TARIFF My Tel Co, Inc.Idaho Price List No. I Original Title Page IDAHO LOCAL EXCHANGE TELECOMMUNICA nONS SERVICES T ARlFF My Tel Co, Inc. This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange telecommunications services provided by My Tel Co, Inc. with principal offices at 445 Hamilton Avenue, Suite 408, White Plains, New York 10601 for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company s principal place of business. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Check Page CHECK SHEET Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original - indicates those pages included with this filing Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 2 TABLE OF CONTENTS Title Page Check Sheet Table of Contents Explanation of Symbols Application of Tariff Tariff Format Cover Check Section I - Definitions Section 2 - Regulations Section 3 - Service Areas Section 4 - Service Charges and Surcharges Section 5 - Network Services and Rates Section 6 - Directory Assistance and Listing Services Section 7 - Long Distance Services Section 8 - Local Operator Services Section 9 - Miscellaneous Services Section 10- Special Arrangements Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 3 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF The following symbols shall be used in this tariff for the purpose indicated below: (C) (D) To signify changed regulation. To signify discontinued rate or regulation. (I) (M) To signify increased rate. To signify a move in the location of text. (N) (R) To signify new rate or regulation. To signify reduced rate. (S) (T) To signify reissued matter. To signify a change in text but no change in rate or regulation. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 4 APPLICATION OF TARIFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate end-user local exchange communications services by My Tel Co Inc., hereinafter referred to as the Company, to Customers within the State ofIdaho. My Tel , Inc.' s services are furnished subject to the availability of facilities and subject to the terms and conditions set forth herein. This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at the main office of My Tel Co , Inc. at 445 Hamilton Avenue, Suite 408, White Plains, NY 1060 I. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 5 TARIFF FORMAT Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be 14. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 4th Revised Page 14 cancels the 3rd Revised Page 14. Because of various suspension periods, deferrals, etc., the most current page number on file with the Commission is not always the tariff page in effect. Consult the Check Sheet for the page currently in effect. Paragraph N urn be ring Seq uence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 1.1. 1. LA. 2. 1. LA. l.(a). 2. 1. LA. l.(a). A.l.(a).I.(i). (a).I.(i).(1). Check Sheets - When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages 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 filing are designated by an asterisk (*). There will be no other symbols used on this page ifthese are the only changes made to it (i., the format, etc. remain 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 page is the most current on file with the Commission. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 6 SECTION 1.0 - DEFINITIONS Access Line - An arrangement from a local exchange telephone company or other common carrier, using either dedicated or switched access, which connects a Customer s location to Carrier s location or switching center. Account - A Company accounting category containing up to two (2) residential local exchange access lines billed to the same Customer at the same address. The second or non-primary local exchange access line will share any call allowance of the primary local exchange access line. The second or non-primary local exchange access line therefore will not be provisioned to include a separate call allowance structure. No features are provided with the second or non-primary local exchange access line. Account Codes - Permits Centrex Stations and attendants to dial an account code number of up to eight digits. For use when placing calls over facilities arranged for Automatic Message Accounting (AMA) recording. The account or project number must be input prior to dialing the called number. Advance Payment - Part or all of a payment required before the start of service. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization codes shall be the sole property of Carrier and no Customer shall have any property or other right or interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in connection with the authorization code. Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service of the Customer. Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates. My Tel Co, Inc. - My Tel Co, Inc., the issuer of this tariff. Commission - Refers to the Idaho Public Utilities Commission. Common Carrier - An authorized company or entity providing telecommunications services to the public Company - My Tel Co, Inc., the issuer ofthis tariff. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 7 SECTION 1.0 - DEFINITIONS, (CONT'D. Customer - The person, firm or corporation that orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff. Customer Premises - A location designated by the Customer for the purposes of connecting to the Company s services. Customer Terminal Equipment - Terminal equipment provided by the Customer. Deposit - Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges. End Office - The LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks. Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the Company s network. Presubscribed Customers may also route interexchange calls to the Company s network by dialing an access code supplied by the Company. 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. ICB - Individual Case Basis. IXC or Interexchange. Carrier - A long distance telecommunications services provider. Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance provided within this Tariffby Carrier shall not apply where service is interrupted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of non-payment of bills, unlawful or improper use ofthe Carrier s facilities or service, or any other reason covered by this Tariff or by applicable law. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 8 SECTION 1.0 - DEFINITIONS, (CONT' LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as aLA T A in the National Exchange Carrier Association, Inc. TariffF . No., or its successor tariff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment which continue for the agreed upon duration of the service. MOU - Minutes of Use. NECA - National Exchange Carriers Association. . Network Access Charge - This is a fee that reimburses the Company for costs associated with building a network, connecting customers to the network, and updating related Company systems. Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and establish service. PBX - Private Branch Exchange PIN - Personal Identification Number. See Authorization Code. Point of Presence ("POP") - Point of Presence Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service. Service - Any means of service offered herein or any combination thereof. Service Order - The written request for Company services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order Form by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this tariff. Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used in calculation of airline mileage. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 9 SECTION 1.0 - DEFINITIONS, (CONT' 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 + I O-digit number" calls are automatically routed to the Company s or an IXC's network. Calls to stations within the Customer s LATA may be placed by dialing "10xxx." or "101XXXX" with 1 + 10-digit number. Station - The network control signaling unit and any other equipment provided at the Customer s premises which enables the Customer to establish communications connections and to effect communications through such connections. . Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications service from the Company. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company. Switched Access Origination/Termination - Where access between the Customer and the interexchange carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a LED-provided business or residential access line. The cost of switched Feature Group access is billed to the interexchange carrier. Terminal Equipment - Any telecommunications equipment other than the transmission or receiving equipment installed at a Company location. Usage 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 by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 10 SECTION 2.0 - REGULATIONS Undertaking of the Company 1.1 Scope The Company undertakes to furnish communications service pursuant to the terms of this tariff in connection with one-way and/or two-way information transmission between points within the State ofIdaho. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services or to communicate with its own customers. 1.2 Shortage of Equipment or Facilities The Company reserves the right to limit or to allocate the use of existing facilities or of additional facilities offered by the Company, when necessary because oflack of facilities, or due to some other cause beyond the Company s control. The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company s facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 11 SECTION 2.0 - REGULATIONS, (CONT' Undertaking ofthe Company, (Cont' 1.3 Terms and Conditions Minimum Period - Service is provided month-to-month or in a term agreement. The minimum term period is one (1) year unless otherwise specified in this tariff or mutually agreed upon by contract. Penalties may apply for early termination of the term agreement Except as otherwise stated in this tariff, 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 will also be required to execute any other documents as may be reasonably requested by the Company. Continuation of Service: Except as otherwise stated in this tariff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall be renewed automatically for a one (1) year term, unless the Customer provides notice of intent not to renew such agreement at least thirty (30) days prior to the end of the initial or any additional term. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations that by their nature extend beyond the termination of the term of the service order shall survive such termination. In any action between the parties to enforce any provision of this tariff, the prevailing party shall be entitled to recover its legal fees and court costs from the non-prevailing party in addition to other relief a court may award. Service may be terminated upon written notice to the Customer if: the Customer is using the service in violation of this tariff; or the Customer is using the service in violation of the law. This tariff shall be interpreted and governed by the laws of the State of Idaho regardless of its choice of laws provision. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 12 SECTION 2.0 - REGULATIONS, (CONT' Undertaking ofthe Company, (Cont' 1.3 Terms and Conditions, (cont'd. 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. 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 party 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 join the attempt to obtain from the owner ofthe property access for the other party to serve a person or entity. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 13 SECTION 2.0 - REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.4 Limitations on Liability Except as otherwise stated in this section, the liability ofthe Company for damages arising out of either: (1) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects representations, or use of these services or (2) the failure to furnish its service whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 2. Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2., the Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform , delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed , in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 14 SECTION 2.0 - REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.4 Limitations on Liability, (cont' The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees due to: Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen, except as contracted by the Company; Any delay or failure of performance or equipment due to causes beyond the Company s control, including but not limited to, acts of God, fires, floods earthquakes, hurricanes, or other catastrophes; national emergencies insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities 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 facilities and services; Libel, slander, invasion of privacy or infringement of patents, trade secrets or copyrights arising from or in connection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services; Breach in the privacy or security of communications transmitted over the Company s facilities; Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 15 SECTION 2.0 - REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.4 Limitations on Liability, (cont' continued) 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, facilities 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 liability is limited as set forth in paragraph A. of this Subsection 2.1.4. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability 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 facilities or equipment connected, or to be connected to the Company s facilities; Any noncompletion of calls due to network busy conditions; Any calls not actually attempted to be completed during any period that service is unavailable; And any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company s services or facilities. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 16 SECTION 2.0 - REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.4 Limitations on Liability, (cont' The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company makes no warranties or representations, EXPRESS OR IMPLIED either in fact or by operation oflaw, statutory or otherwise, including warranties of merchantability or fitness for a particular use, except those expressly set forth herein. Failure by the Company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other prOViSIOns. Directory Errors - In the absence of gross negligence or willful misconduct, no liability for damages arising from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions oflisting obtainable from the directory assistance operator, including errors in the reporting thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions oflisting obtainable from the directory assistance operator shall be at the monthly tariff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs. The included tariff language does not constitute a determination by the Commission . that a limitation of liability imposed b y the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court' responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 17 SECTION 2.0 - REGULATIONS, (CONT' Undertaking ofthe Company, (Cont' 1.4 Limitations on Liability, (cont' With respect to Emergency Number 911 Service This service is offered solely as an aid in handling assistance calls in connection with fire, police and other emergencies. The Company is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made instituted or asserted by the Customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service. Neither is the Company responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or parties accessing emergency 911 service, and which arise out of the negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of anyone of them. When a Customer with a nonpublished telephone number, as derIDed herein places a call to the emergency 911 service, the Company will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this rate sheet, the Customer acknowledges and agrees with the release of information as described above. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 18 SECTION 2.0 - REGULATIONS, (CONT' Undertaking ofthe Company, (Cont' 1.5 Notification of Service-Affecting Activities The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 19 SECTION 2.0 - REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.6 Provision of Equipment and Facilities The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. The Company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided. The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company s agents or employees to the Premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 20 SECTION 2.0 - REGULATIONS, (CONT' Undertaking ofthe Company, (Cont' 1.6 Provision of Equipment and Facilities, (cont' The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, the Company shall not be responsible for: (1)the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or (2)the reception of signals by Customer-provided equipment. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 21 SECTION 2.0 - REGULATIONS, (CONT'D. Undertaking of the Company, (Cont' 1.7 Non-routine Installation At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will 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. 1.8 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: 1.9 where facilities are not presently available, and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; over a route other than that which the Company would normally utilize in the furnishing of its services; in a quantity greater than that which the Company would normally construct; on an expedited basis; on a temporary basis until permanent facilities are available; involving abnormal costs; or in advance of its normal construction. Ownership of Facilities Title to all facilities provided in accordance with this rate sheet remains in the Company, its partners, agents, contractors or suppliers. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 22 SECTION 2.0 - REGULATIONS, (CONT' Prohibited Uses Theservices the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations licenses, consents and permits. The Company mayrequire 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 Commission regulations, policies orders, and decisions. 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 liability resulting from such blockage. A customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer will be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this tariff will apply. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 23 SECTION 2.0 - REGULATIONS, (CONT' Obligations of the Customer General The Customer is responsible for making proper application for service; placing any necessary order, complying with tariff regulations; payment of charges for services provided. Specific Customer responsibilities include, but are not limited to the following: the payment of all applicable charges pursuant to this tariff; damage to or loss of the Company s facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company; providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air condi- tioning necessary to maintain the proper operating environment on such premises; obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.1 (C.) Any and all costs associated with obtaining and maintaining the rights-of- way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 24 SECTION 2.0 - REGULATIONS, (CONT'D. Obligations of the Customer, (Cont' General, (cont' providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company s facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company s opinion, injury or damage to the Company s employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. asbestos) prior to any construction or installation work; complying with all laws and regulations applicable to, and obtaining all consents approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.3.1D.; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment ofthe Company; not creating, or allowing to be placed, any liens or other encumbrances on the Company s equipment or facilities; and making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes. Issued by:We sly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 25 SECTION 2.0 - REGULATIONS, (CONT' Obligations of the Customer, (Cont' Liability of the Customer The Customer will 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 ofthe Company s negligence or intentional misconduct. 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, liabilities, costs and expenses, including reasonable attorneys' fees , for (1) any loss, destruction or damage to property of any third party, and (2) any liability incurred by the Company to any third party pursuant to this or any other rate sheet of the Company, or otherwise for any interruption of, interference to, or other defect in any service provided by the Company to such third party. 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 rate sheet including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this rate sheet 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. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 26 SECTION 2.0 - REGULATIONS, (CONT' Customer Equipment and Channels 2.4.General User may transmit or receive information or signals via the facilities of the Company. The Company s services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A User may transmit any form of signal that is compatible with the Company s equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff. 2.4.Station Equipment 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 Point of Connection. The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company s employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer s expense subject to prior Customer approval of the equipment expense. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 27 2.4 SECTION 2.0 - REGULATIONS, (CONT'D. Customer Equipment and Channels, (Cont'd. Interconnection of Facilities Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Communication Services and the channels, facilities, or equipment of others shall be provided at the Customer s expense. Communication Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers that are applicable to such connections. Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all User-provided wiring shall be installed and maintained in compliance with those regulations. Users may interconnect communications facilities that are used in whole or in part for interstate communications to serv ices provided under this tariff only to the extent that the user is an is "End User , as defined in Section 69.2(m), Title 47, Code of Federal Regulations (1992 edition). Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 28 SECTION 2.0 - REGULATIONS, (CONT' Customer Equipment and Channels, (Cont' 4.4 Inspections 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 2.4.2A. for the installation, operation, and maintenance of Customer-provided facilities, equipment and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 29 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements Payment for Service The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Authorized Users by the Customer regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state, federal and 911 taxes, charges or surcharges (however designated) (excluding taxes on Company s net income) imposed on or based upon the provision, sale or use of Network Services. The security of the Customer s PIN is the responsibility of the Customer. All calls placed using a PIN shall be billed to and shall be the obligation of the Customer. The Customer shall not be responsible for charges in connection with the unauthorized use of PINs arising after the Customer notifies the Company of the loss, theft, or other breach of security of such PINs. Customers will only be charged once, on either an interstate or intrastate basis, for any nonrecurring charges. Billing and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other Authorized Users for services and facilities furnished to the Customer by the Company. Nonrecurring charges are due and payable within fifteen (15) days after the invoice date, unless otherwise agreed to in advance. The Company shall present invoices for recurring charges monthly to the Customer in advance of the month in which service is provided, and Recurring Charges shall be due and payable within fifteen (15) days after the invoice date. When billing is based on customer usage, charges will be billed monthly for the preceding billing periods. Issued by:We sly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 30 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont' Billing and Collection of Charges, (cont' Upon initiation or termination of service, Customer billing will commence, or terminate, with the next available bill cycle. Monthly recurring charges are not prorated based on the actual number of days that the Customer had service during the billing cycle. Billing of the Customer by the Company will begin on the first day of the next available bill cycle following the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. If any portion of the payment is not received by the Company, or if any portion of the payment is received by the Company in funds that are not immediately available within fifteen (15) days of the mail date on the bill, then a late payment penalty shall be due the Company. The late payment penalty shall be that portion of the payment not received by the date due minus any charges billed as local taxes multiplied by 1.5%. The Customer will be assessed a charge of twenty dollars ($20.00) for each check submitted by the Customer to the Company that a financial institution refuses to honor. If service is disconnected by the Company in accordance with Section 2. following and later restored, restoration of service will be subject to all applicable installation charges. End of Cycle Billing - For billing purposes only, if a customer cancels or terminates service and is in a bundled rate plan, the cancellation/termination will not be deemed effective until the final day of the billing cycle and the Company will retain all amounts paid by the customer for that month of service. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 3 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont'd. Disputed Bills In the event that a billing dispute occurs concerning any charges billed to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bill to avoid discontinuance of service for non-payment. The Customer must submit a documented claim for the disputed amount. The Customer will submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within 90 days of receipt of billing for those services. If the Customer does not submit a claim as stated above the Customer waives all rights to filing a claim thereafter. Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may file a complaint with the Commission. Idaho Public Utilities Commission 472 West Washington Statehouse Boise, ID 83702-0074 Telephone: (203) 334-0300Toll Free: (208) 334-3762 If the dispute is resolved in favor of the Customer and the Customer has withheld the disputed amount, no interest, credits or penalties will apply. 5.4 Advance Payments The Company will not be collecting advance payments. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 32 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont'd. 5.5 Deposits The Company will not be collecting deposits. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 33 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont' Reserved for Future Use Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 WhitePlains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. . Original Page 34 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont' Discontinuance of Service Service may be disconnected after seven (7) days written notice for any of the following reasons: The Customer did not pay undisputed delinquent bills for local exchange services or paid a delinquent bill for local exchange services with any dishonored check. The Customer failed to abide by the terms of a payment arrangement. The Customer misrepresented the Customer s identity for the purpose of obtaining telephone service. The Company determines as prescribed by relevant state or other applicable standards that the Customer is willfully wasting or interfering with service through improper equipment or otherwise. The Customer is using service(s) for which the Customer did not apply. At least twenty-four (24) hours before actual termination, the Company will attempt to contact the Customer affected to apprise the Customer of the proposed termination action and steps to take to avoid or delay termination. Service will not be terminated in the event that a formal or informal complaint concerning termination is filed with the Commission. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 35 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont'd. Discontinuance of Service, (cont' Service may be disconnected without notice and without incurring any liability for any ofthe following reasons: A condition immediately dangerous or hazardous to life, physical safety or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. The company is ordered to terminate service by any court, the Commission or any other duly authorized public authority. In the event of fraudulent use of the Company s network, where the service(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company, the Company will discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. The Company has tried diligently to meet the notice requirements but has been unsuccessful in its attempt to contact the Customer affected. The Customer has misrepresented the Customer ! s identity for purposes of obtaining telephone service and has an outstanding bill exceeding $100. Upon the Company s discontinuance of service to the Customer under Section 2.6 A. or 2.6 c., 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 price list, may declare all future monthly and other charges that 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). Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 36 SECTION 2.0 - REGULATIONS, (CONT' 2.5 Payment Arrangements, (Cont'd. Cancellation of Application for Service Applications for service cannot be canceled without the Company s agreement. Where the Company permits a Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the serVice that it otherwise would not have incurred, a charge equal to the costs incurred by the Company, less net salvage shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service commenced (all discounted to present value at six percent). Where the Company incurs any expense in connection with special construction, or where special arrangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred by the Company, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction or arrangements. The special charges described in 2.7 A. through 2.7 C. will be calculated and applied on a case-by-case basis. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 37 SECTION 2.0 - REGULATIONS, (CONT' Payment Arrangements, (Cont' Changes in Service Requested If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer s installation fee shall be adjusted accordingly. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 38 SECTION 2.0 - REGULATIONS, (CONT' Allowances for Interruptions in Service Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, will be credited to the Customer as set forth in 2.1 for the part of the service that the interruption affects. Credits identified in this section are in addition to those required by Rule 503 of the Commission Telephone Customer Relations Rules: General A credit allowance will be given when service is interrupted, except as specified below. A service is interrupted when it becomes inoperative to the Customer, e. the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this rate sheet. An interruption period begins when the Customer reports a service, facility 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. If the Customer reports a service, facility or circuit to be interrupted but declines to release it for testing and repair, or refuses access to its premises for test and repair by the Company, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired. The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company s agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 39 SECTION 2.0 - REGULATIONS, (CONT' Allowances for Interruptions in Service, (Cont' Limitations of Allowances No credit allowance will be made for any interruption in service. These limitations do not apply to the credits provided in accordance with Rule 503 ofthe Commission s Telephone Customer Relations Rules. Due to the negligence of or noncompliance with the provisions of this rate sheet by any person or entity other than the Company, including but not limited to the Customer; Due to the failure of power, equipment, systems, connections or services not provided by the Company; Due to circumstances or causes beyond the reasonable control of the Company; During any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions; A service will not be deemed to be interrupted if a Customer continues to voluntarily make use of the such service. Ifthe service is interrupted, the Customer can get a service credit, use another means of communications provided by the Company (pursuant to Section 2.6.3), or utilize another service provider; 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; That occurs or continues due to the Customer s failure to authorize replacement of any element of special construction; and That was not reported to the Company within thirty (30) days of the date that service was affected. Issued by:We sly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 40 SECTION 2.0 - REGULATIONS, (CONT' Allowances for Interruptions in Service, (Cont' 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. 6.4 Application of Credits for Interruptions in Service Credits for interruptions in service that is provided and billed on a flat rate basis for a minimum period of at least one month, beginning on the date that billing 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 facilities on the interrupted portion of the circuit will receive a credit. For calculating credit allowances, every month is considered to have thirty (30) days. A credit allowance will be given for interruptions of thirty (30) minutes or more. Two or more interruptions of filleen (15) minutes or more during anyone 24-hour period shall be combined into one cumulative interruption. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 41 SECTION 2.0 - REGULATIONS, (CONT' Allowances for Interruptions in Service, (Cont' Application of Credits for Interruptions in Service, (cont' Interruptions of24 Hours or Less Length of Interruption Less than 30 minutes 30 minutes up to but not including 3 hours 3 hours up to but not including 6 hours 6 hours up to but not including 9 hours 9 hours up to but not including 12 hours 12 hours up to but not including 15 hours 15 hours up to but not including 24 hours Amount of Service To Be Credited None 1/1 0 Day 1/5 Day 2/5 Day 3/5 Day 4/5 Day One Day Interruptions Over 24 Hours and Less Than 72 Hours Interruptions over 24 hours and less than 72 hours will be credited 1/5 day for each hour period or fraction thereof. No more than one full day s credit will be allowed for any period of 24 hours. Interruptions Over 72 Hours Interruptions over 72 hours will be credited 2 days for each full 24-hour period. No more than thirty (30) days credit will be allowed for anyone month period. Cancellation For Service Interruption Cancellation or termination for service interruption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling 16 hours in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit that has been subject to the outage or cumulative service credits. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 42 SECTION 2.0 - REGULATIONS, (CONT' Use of Customer s Service by Others Joint Use Arrangements Joint use arrangements will be permitted for all services provided under this tariff. From eachjoint use arrangement, one member will be designated as the Customer responsible for the manner in which the joint use of the service will be allocated. The Company will accept orders to start, rearrange, relocate, or discontinue service only from the designated 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 billed to it. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 43 SECTION 2.0 - REGULATIONS, (CONT' Cancellation of Service/Termination Liability If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever other than a service interruption (as defined in Section 2.6.1 above), the Customer agrees to pay to the Company termination liability charges, as defined below. These charges shall become due as of the effective date of the cancellation or termination and be payable within the period, set forth in Section 2.5.2. Termination Liability The Customer s termination liability for cancellation of term or contract service shall be equal to: all unpaid Non-Recurring charges reasonably expended by the Company to establish service to the Customer; plus any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by the Company on behalf of the Customer; plus 90% of the Monthly Recurring Charge for the service under the term agreement, multiplied by the number of lines, multiplied by the months remaining in the term agreement. Customers who subscribe to service on a month-to-month basis will be billed a $50.00 initiation fee on a final invoice if service is cancelled within the first billingperiod. Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other party, except that the Company may assign its rights and duties: to any subsidiary, parent company or affiliate of the Company; or pursuant to any sale or transfer of substantially all the assets of the Company; or pursuant to any financing, merger or reorganization of the Company. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 44 SECTION 2.0 - REGULATIONS, (CONT' Customer Liability 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 rate sheet. 10.1 Customer Liability for Fraud and Unauthorized Use of the Network The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company calling 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. A Company calling card is a telephone calling card issued by the Company at the Customer s request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls billed 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 an renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. The Customer must give the Company written or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users authorized by the Customer to use service provided under this rate sheet, unless dut;) to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer service or Customer-provided equipment by third parties, the Customer s employees or the public. The liability of the Customer for unauthorized use of the Network by credit card fraud will 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. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 45 SECTION 2.0 - REGULATIONS, (CONT' Notices and Communications 11.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which the Company s bills for service shall be mailed. 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 bill for service to which the Customer shall mail payment on that bill. 11.Except as otherwise stated in this tariff, all notices or other communications required to be given pursuant to this tariff will be in writing. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following placement of the notice, communication or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 11.4 The Company or the Customer shall advise the other party of any changes to the addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein. Taxes, Fees and Surcharges The Company reserves the right to bill any and all applicable taxes, fees and surcharges in addition to normal rates and charges for services provided to the Customer. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross Receipts Tax. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in addition to rates as quoted in this tariff and will be itemized separately on Customer invoices. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 46 SECTION 2.0 - REGULATIONS, (CONT' Miscellaneous Provisions 13.1 Telephone Number Changes Whenever any Customer's telephone number is changed after a directory is published, the Company shall intercept all calls to the former number for a minimum of ninety (90 days and give the calling party the new number provided existing central office equipment will permit and the Customer so desires. When service in an existing location is continued for anew Customer, the existing telephone number may be retained by the new Customer only if the former Customer consents in writing, and if all charges against the account are paid or assumed by the new Customer. 13.Maintenance and Operations Records Records of various tests and inspections, to include non-routine corrective maintenance actions or monthly traffic analysis summaries for network administration, necessary for the purposes of the Company or to fulfill the requirements of Commission rules shall be kept on file in the office of the Company as required under Commission rules. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 47 SECTION 3.0 - SERVICE AREAS Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in areas currently served by the following Incumbent LECs: Qwest Communications, Inc. The Company will mirror the local exchange service area of Qwest. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 48 SECTION 4.0 - SERVICE CHARGES AND SURCHARGES Service Order and Change Charges Installation Non Recurring Charge Change in Telephone Number Change in Class, Type or Grade of Service Miscellaneous Change Charge Customer Premises Work Charge - 1st 30 minutes Customer Premises Work Charge - Add'!. 15 minutes Premises Visit Charge - per visit Suspension of Service Restoral Fees Business $43. $15. $20. $20. $60. $30. $25. $25. Business $50. Business $3. Business $30. Residential $27. $15. $0. $20. $60. $30. $25. $25. A restoral charge applies each time a service is reconnected after suspension or termination for nonpayment but before cancellation of the service, as deemed in Section I of this Tariff. Issued by:We sly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 Restoration, per line: Network Surcharge Residential $30. Residential $3. Residential $30. Network Surcharge, per line: 4.4 Return Check Charge Return Check Charge, per occurrence IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 49 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS General The following Network Services are available to Customers as specified in the individual service description: Basic Local Exchange Service My Tel Co, Inc. Business Premium Plan My Tel Co, Inc. Business Local Premium Plan My Tel Co, Inc. Residential Unlimited Plan My Tel Co, Inc. Residential Local Unlimited Plan Optional Calling Features Listing Services Directory Assistance Operator Services IntraLA T A Long distance Services 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. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 50 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT'D. (Reserved For Future Use) Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 51 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT'D. (Reserved For Future Use) Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc. Communications Corp Idaho Price List No. I Original Page 52 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' My Tel Co, Inc. Business Premium Plan With the My Tel Co, Inc. Business Plan, the business Customer receives up to 4000 local minutes when combined with regional minutes. Overage minutes for local and regional calls are charged at $0.019 per minute. Customers also receive up to 2000 minutes of intrastate long distance calls when combined with interstate calls, with overage minutes charges at $0.049 per minute. Calling features included in the plan are Call Waiting, Caller ID, 3-Way Calling and Speed Dial 8. Additional calling features may be added at $5.95 each or Business Premium Plan customers may add the My Tel Co, Inc. Feature Package. My Tel Co, Inc. Business Premium Plan My Tel Co, Inc. Business Premium Plan - Additional Line Monthly Rate $49. $39. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 53 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT'D. 5.4 My Tel Co, Inc. Business Local Premium Plan With the My Tel Co, Inc. Business Local Plan, the business Customer receives up to 4000 local minutes when combined with regional minutes. Overage minutes for local and regional calls are charged at $0.019 per minute. Customers also receive up to 2000 minutes of intrastate long distance calls when combined with interstate calls, with overage minutes charges at $0.049 per minute. Calling features included in the plan are Call Waiting, Caller ID, 3-Way Calling and Speed Dial 8. Additional calling features may be added at $5.95 each or Business Premium Plan customers may add the My Tel Co, Inc. Feature Package. My Tel Co, Inc. Business Local Premium Plan My Tel Co, Inc. Business Local Premium Plan - Additional Line Monthly Rate $44. $34. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 54 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT'D. My Tel Co, Inc. Business Feature Package The My Tel Co, Inc. Business Feature Package includes Voicemail, Inside Wire Maintenance Call Return (*69), 3-Way Calling, Distinctive Ring, and Remote Access Call Forwarding. This package is billed monthly. My Tel Co, Inc. Feature Package Monthly Rate $14. My Tel Co, Inc. Preferred Residential Unlimited Plan With the My Tel Co, Inc. Preferred Residential Unlimited Plan, the residential Customer receives unlimited local and regional voice calling, unlimited inter and intrastate domestic long distance calling, 1000 minutes of regional data calls with overage minutes charged at $0.01 per minute, and 100 minutes of long distance data calls with overage minutes charges at $0.02 per minute. Voicemail may be added at an additional monthly rate of$3., and calling features included in the plan are Call Waiting, Caller ID and Speed Dial 8. Additional calling features may be added at $3 . each or Residential Unlimited Plan customers may add the My Tel Co, Inc. Feature Package. My Tel Co, Inc. Residential Unlimited Plan My Tel Co, Inc. Residential Unlimited Plan - Additional Line Monthly Rate $34. $29. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 55 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' My Tel Co, Inc. Preferred Local Unlimited Plan With the My Tel Co, Inc. Preferred Local Unlimited Plan, the residential Customer receives unlimited local and regional voice calling, intrastate minutes bi\ling at 5.9 cents per minute, interstate minutes billing at 4.9 cents per minute, 1000 minutes of regional data calls with overage minutes charged at $0.01. Voicemail may be added at an additional monthly rate of$3., and calling features included in the plan are Call Waiting, Caller ID and SpeedDial8. Additional calling features may be added at $3. each or Residential Unlimited Plan customers may add the My Tel Co, Inc. Feature Package My Tel Co, Inc. Residential Unlimited Plan My Tel Co, Inc. Residential Unlimited Plan - Additional Line Monthly Rate $29. $29. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 56 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' My Tel Co, Inc. Residential Feature Package The My Tel Co, Inc. Residential Feature Package includes Voicemail, Inside Wire Maintenance, Call Return (*69),3- Way Calling, Distinctive Ring, and Remote Access Call Forwarding. This package is billed monthly. My Tel Co, Inc. Feature Package Monthly Rate $9. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 57 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' My Tel Co, Inc. Toll Free Number Plan My Tel Co, Inc. Toll Free Number Pan is available to both Residential and Business Customers at the following rates: Toll Free Number Plan, monthly Local Voice Calls, per minute Regional Voice Calls, per minute Intrastate Long Distance Calls, per minute Interstate Long Distance Calls, per minute Local and Regional Data Calls, per minute Long Distance Data Calls, per minute $1.95 $0.059 $0.059 $0.059 $0.059 $0.059 $0.049 Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 58 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' Optional Calling Features Call Waiting - Signals the Customer with a burst of tone to indicate that another call is waiting. The second call can either be answered by flashing the switch hook or hanging up the phone and being rung back by the caller. Caller ill Number - Provides for the display of the calling party telephone number on Caller ID compatible customer premises equipment. Speed Calling 8 - Allows the Customer to dial an abbreviated code to originate a call to any of 8 programmed telephone numbers. Call Return (*69)- Automatically redials the last incoming call. Call Trace - Allows a called party to initiate an automatic trace of the last call received. Call Trace is available on a usage basis only. After receiving the call which is to be traced, the Customer dials a code and the traced telephone number is automatically sent to the Company for action. The Customer originating the trace will not receive the traced telephone number. The results of the trace will be furnished only to legally constituted law enforcement agencies or authorities upon proper request by them. 3 - Way Calling - Allows the Customer to add a third party to an existing conversation. Distinctive Ring - Provides the Customer with separate telephone numbers, each with a distinctive ring, associated with one line. Remote Access Call Forwarding - Allows all incoming calls to be forwarded to another telephone num ber. 10.Optional Calling Features Monthly Charges Voicemail Inside Wire Maintenance Call Return (*69) Way Calling Distinctive Ring Remote Access Call Forwarding MONTHLYBusiness Residential $5.95 $3. $5.95 $3. $5.95 $3. $5.95 $3. $5.95 $3. $5.95 $3. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 59 SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS, (CONT' Optional Calling Features, (Cont' 10.Optional Calling Features Per Use Rates Call Return Call Trace Way Calling Repeat Dialing DA Call Complete (in addition to DA fee) PER USEBusiness Residential $0.75 $0.$1.00 $1.00 $0.75 $0. $0.75 $0. $0.50 $0. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 60 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES Directory Assistance Service 1.1 General A Customer may obtain Directory Assistance in determining telephone numbers by calling the Directory Assistance operator. The Customer may request a maximum of two (2) telephone numbers per call to Directory Assistance service without additional charges. 1.2 Regulations A Directory Assistance Charge applies for each telephone number, area code, and/or general information requested from the Directory Assistance operator except as follows: Calls originating from a Public Telephone Service line to points within the local and intraLA T A calling area. Requests for telephone numbers of non-published service. Requests in which the Directory Assistance operator provides an incorrect number provided that the calling party reports the wrong number to the Company. Requests for telephone numbers which were omitted from the alphabetical directory as a result of Company error. Calls for Directory Assistance from handicapped persons who have requested exemption from the Directory Assistance charge and who have been certified to the Company as being unable to use telephone directories because of a visual or physical handicap. Acceptable certifications are those made by a licensed physician ophthalmologist or optometrist, or a social agency that conducts programs for the handicapped in cooperation with an official agency of the State of Idaho or pre- existing certifications establishing visual or physical inability to use a directory such as those which qualify the handicapped person for an income tax exemption or social security benefits on the basis of blindness or physical disability or for use of the facilities of an agency for the blind. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.!daho Price List No. Original Page 61 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT' Directory Assistance Service, (Cont' 1.3 Rates Unless one of the exceptions listed above applies, the charges as shown below apply for each request made to the Directory Assistance operator: Local and intraLA T A, per call $0.35 National Directory Assistance $0. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 62 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT' Directory Listing Service General Terms and Conditions The Company shall provide for a single directory listing, termed the primary listing, in the telephone directory published by the dominant exchange service provider in the customer s exchange areas of the Station number which is designated as the Customer s main billing number. Directory listings of additional Company Station numbers, other than the Customer s main billing number, associated with a Customer s service will be provided for a monthly recurring charge per listing. The Company reserves the right to limit the length of any listing in the directory by the use of abbreviations when, in its judgment, the clearness of the listing, or the identification of the Customer is not impaired thereby. Where more than one line is required to properly list the Customer, no additional charge is made. The Company may refuse a listing which is known not to constitute a legally authorized or adopted name, obscenities in the name, or any listing which, in the opinion of the Company, is likely to mislead or deceive calling persons as to the identity of the listed party, or is a contrived name used for advertising purposes or to secure a preferential position in the directory or is more elaborate than is reasonably necessary to identify the listed party. The Company, upon notification to the Customer, will withdraw any listing which is found to be in violation of its rules with respect thereto. Each listing must be designated Government or Business to be placed in the appropriate section of the directory. In order to aid the user of the directory, and to avoid misleading or deceiving the calling party as to the identity of the listed party, only business listings may be placed in the Business Section and only residential listings in the Residential section. The Company, upon notification to the customer will withdrew any listing which is found to be in violation of it s rules with respect' thereto. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 63 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT'D. Directory Listing Service, (Cont' General Terms and Conditions, (cont' In order for listings to appear in an upcoming directory, the Customer must furnish the listing to the Company in time to meet the directory publishing schedule. Rates and regulations for listing service are applicable only to listings in the alphabetical directories. Directory listings are limited to such information as is essential to the identification of the listed party. The listing of a service, commodity, or trade name is not permitted unless it is the name, or an integral part of the name, under which the Customer does business. A listing is limited to one line in the directory, except where in the judgment of the Company, more than one line is required to identify the Customer properly. In such cases, the additional lines required are provided at no extra charge. Listing services are available with all classes of main telephone exchange service. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 64 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT' Directory Listing Service, (Cont'd. Listings Primary Listing One listing, termed the initial listing is included with each Customer s service, and with the initial line of a line hunting group. Additional Listings At a charge, additional listings may be included in the alphabetical directory and on directory assistance records, or appear on directory assistance records only. The monthly rate for additional listings apply when the listings appear in Directory Assistance records in accordance with the date requested by the customer. If an additional listing is ordered discontinued by the Customer after the closing of the directory, the monthly rate continues through that issue of the directory and up to the date for rates to be effective for the next directory. If the additional listing is ordered discontinued before the closing date ofthe directory in which it would first appear the monthly rate continues only to the date of cancellation by the customer with a minimum service period of one month. Foreign Listing Where available, a listing in a telephone directory which is not in the Customer immediate calling area. The Customer will be charged the rates specified in the tariff published by the specific local exchange carrier providing the Foreign Listing. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 65 SECTION 6.DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT' Directory Listing Service, (Cont'd. Listings, (cont' Nonpublished Service Nonpublished 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. However, such information may be displayed on a call-by-call basis at Public Safety Answering Point locations where Enhanced Universal Emergency Number service provided (E911). The Company will complete calls to a non-published number only when the caller dials direct or gives the operator number. No exceptions will 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 willful misconduct, the Company is not liable for any damages that might arise from publishing a non-published number in the directory or disclosing it to some. If, in error, the telephone number is published in the directory, the Company s only obligation is to credit or refund any monthly charges the customer paid for non-published service. The subscriber indemnifies (i., 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-published service or the disclosing of said number to any person. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 66 SECTION 6.0 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT' Directory Listing Service, (Cont' Rates Nonrecurring Charges Non Listed Non Published Additional Listings - Other Monthly Recurring Charges N on Listed Non Published Additional Listings - Other Business $5. $5. $5. Business $2. $4. $2. Residential $5. $5. $5. Residential $2. $4. $1.50 Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 67 SECTION 7.0 - LONG DISTANCE SERVICE General Long Distance service is only available in conjunction with local service. Standard IntraLATA Toll Service IntraLA T A Toll Service is available to Corporate Advantage Customers subscribed to Standard Business Local Exchange Service. IntraLATA calls are timed in six (6) second increments after an initial period for billing purposes of eighteen (18) seconds. Per Minute Rates All Times of Day - All Mileage Business $0. Residential $0. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 68 SECTION 8.0 - LOCAL OPERA TOR SERVICES Operator Service 1.1 General The Company s operator services, available to pre subscribed Customers, are accessible on a twenty-four (24) hour per day seven (7) days per week basis. In addition to the per call service charge, usage rates apply. The types of calls handled are as follows: Customer Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized Calling Card or Commercial Credit Card. The Customer must dial the destination telephone number where the capability exists for the Customer to do so. A separate rate applies in the event operator assistance requested for entering the Customer s card number for billing purposes. Operator Dialed Calling/Credit Card Call - This charge applies in addition to usage charges for station to station calls billed to an authorized telephone Calling Card or Commercial Credit Card and the operator dials the destination telephone number at the request of the Customer. Operator Station - These charges apply in addition to usage charges for non-Person-to- Person calls placed using the assistance of a Company operator and billed Collect, to a Third Party, by deposit of coins in Pay Telephones, or via some method other than a Cal1ing Card or Commercial Credit Card. Person-to-Person - This charge applies in addition to usage charges for calls placed with the assistance of a Company operator to a particular party at the destination number. This charge applies regardless of billing method, including but not limited to billing to a Calling Card Commercial Credit Card, Collect, by deposit of coins in Pay Telephones, or to a Third Party. Charges do not apply unless the specified party or an acceptable substitute is available. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. I Original Page 69 SECTION 8.0 - LOCAL OPERATOR SERVICES Operator Service, (Cont' 1.2 Local and IntraLATA Operator Service Rates Per Minute Usage Charges All Mileage Per Minute $0. Per Call Service Charges Calling Card Automated Operator Assisted Station-to-Station Operator Assisted Person-to-Person Per Call $0. $1.30 $3.50 Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDLO600 My Tel Co, Inc.Idaho Price List No. Original Page 70 Carrier Presubscription 1.1 General SECTION 9.0 - MISCELLANEOUS SERVICES Carrier Presubscription is a procedure whereby a Customer designates to the Company the carrier which the Customer wishes to be the carrier of choice for intraLA T A and interLA T 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 IntraLATA 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. 1.2 Presubscription Options - Customers may select the same carrier or separate carriers for intraLATA and interLATA long distance. The following options for long distance Presubscription are available: Option A: Option B: Option C: Option D: Option E: Option F: Customer may select the Company as the presubscribed carrier for IntraLATA and InterLATA toll calls subject to presubscription. Customer may select the Company as the presubscribed carrier for IntraLA T A calls subject to presubscription and some other carrier as the presubscribed carrier for interLATA toll calls subject to presubscription. Customer may select a carrier other than the Company for intraLA T A toll calls subject to presubscription and the Company for interLA T A toll calls subject to presubscription. Customer may select the carrier other than the Company for both intraLATA and interLATA toll calls subject to presubscription Customer may select two different carriers, neither being the Company for intraLATA and interLATA toll calls. One carrier to be the Customers primary intraLATA interexchange carrier. The other carrier to be the Customer s primary interLA T A interexchange carrier. Customer may select a carrier other than the Company for no presubscribed carrier for intraLA T A toll calls subject to presubscription which will 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. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. Original Page 71 SECTION 9.0 - MISCELLANEOUS SERVICES, (CONT' Carrier Presubscription, (Cont'd. 1.3 Rules and Regulations Customers of record wi II retain their primary interexchange carriere s) unti I 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 10.5 below: 1.3 Presubscription Procedures A new Customer will 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 will process the Customer s order for service. All new Customers' initial requests for intraLA T A toll service presubscription 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 will read a random listing of all available intraLA T A and interLA T A carriers to aid the Customer in selection. If selection is still not possible; the Company will inform the Customer that he/she will be given 90 calendar days in which to inform the Company of his/her choice for primary toll carrieres) free of charge. Until the Customer informs the Company of his/her choice of primary toll carrier, the Customer will not have access to long distance services on a presubscribed basis, but rather will be required to dial a carrier access code to route all toll calls to the carrieres) of choice. Customers who inform the Company of a choice for toll carrier presubscription within the 90-day period will not be assessed a service charge for the initial Customer request. Customers of record may initiate an intraLA T A or interLA T A presubscription change at any time, subject to the charges specified below. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 72 SECTION 9.0 - MISCELLANEOUS SERVICES, (CONT' Carrier Presubscription, (Cont' 1.5 Presubscription Charges Application of Charges After a Customer s initial selection for a presubscribed toll carrier and as detailed in Section 10.1.4 above, for any change thereafter, a Presubscription Change Charge as set forth below will apply. Customers who request a change in intraLATA and interLA T A carriers with the same order will be assessed a single charge per line. Nonrecurring Charges Presubscription Change Charge, Per line, trunk, or port:$5. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 73 SECTION 9.0 - MISCELLANEOUS SERVICES, (CONT' Public Telephone Surcharge In order to recover Company expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all intrastate calls that originate from any pay telephone used to access Company provided services. This surcharge, which is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with service, applies for the use of the instrument used to access Company provided service and is unrelated to the service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reorigimlted call (e., using the A#~ symbol). The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone. Rate Per Call:$0. Issued by:Wesly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 10601 IDL0600 My Tel Co, Inc.Idaho Price List No. I Original Page 74 SECTION 10.0 - SPECIAL ARRANGEMENTS 10.Individual Case Basis (ICB) Arrangements Arrangements will be developed on a case-by-case basis in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service not generally offered under this tariff. Rates quoted in response to such competitive requests may be different than those specified for such services in this tariff. ICB rates will be offered to the Customer in writing and on a nondiscriminatory basis. ICB will be filed with the Communications Division of the Commission. Issued by:We sly Minella, Secretary 445 Hamilton Avenue, Suite 408 White Plains, NY 1060 I IDL0600