Netlojix Telecom Inc.pdf

NetLojix Telecom, Inc.
Title Sheet
Idaho P.C. Tariff No.
TITLE SHEET
NETLOJIX TELECOM, INC.
Idaho Public Utilitie!; Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,- 1999
.n .... "h
, " ' ..
RESALE TELECOMMUNICATIONS SERVICES
This tariff contains the descriptions , regulations, and rates applicable to the furnishing
of resold interexchange telecommunications services provided by NetLojix Telecom
Inc. ("Company ) 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, 501 Bath Street, Santa Barbara, CA 93101
telephone number 1-877 -NETLOJIX.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Original Page
Idaho P.C. Tariff No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3.-1999
(Acce~OStam
CHECK SHEET
All pages ofthis tariff are effective as of the date shown. 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
Title Original
Original
Original
Original
Original
Original
Original
Original
Original
Original10 Original11 Original12 Original13 Original14 Original15 Original16 Original17 Original18 Original19 Original20 Original21 Original22 Original23 Original24 Original25 Original
Paqe Revision Page Revision
Original
Original
Original
Original
Original
Original
Paqe Revision
Effective: November -' 1999Issued: November 23 , 1999
Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Issued by:
NetLojix Telecclm, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 2
Idaho r'.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
TABLE OF CONTENl~
Page
TITLE SHEET
...............................................
TitleSheet
CHECK SHEET
......................................................
TABLE OF CONTENTS ...............................................
EXPLANATION OF SYMBOLS .......................................... 5
TARIFFFORMP.T ....................................................
TECHNICAL TERMS AND ABBREVIATIONS ...............................
seCTION 1 - J'J"'J"'LlCATIONOFTARIFF
................................
SECTION 2 - f~EGULATIONS .........................................
Undertaking of the Company ................................
1 Scope ........................................__..
Limitations .........................................
LiabilityoftheCompany ..............................
Initial Service Periods and Termination of Service. . .
. . . . . . ..
Credit Allowances for Interruption of Service
. . . . . . . . . . . . ..
ResponsibilitiesoftheSubscriber ............................
Usa of Service ...........................................
2.4 Customer Equipment and Channels ..........................
2.4.Interconnection With Other Companies
. . . . . . . . . . . . . . . . . ..
Advance Payments and Deposits .............................
Issued: Novemb9r 23 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,-1999
NetLojix Telecom, Inc.
Original Page 3
Idaho P.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
TABLE OF CONTENTS (Cont'
Page
SECTION 2 REGULATIONS (Cont'd)
Rendering and Payment of Bills ..............................
Rendering of Bills ....................................
2 Due Dates .........................................
3 Payment for Service ..................................
6.4 Disputed Bills ....................................... 21
5 Customer Complaints .................................
Discontinuance of Service .............................
7' TaxesandFees ..........................................
SECTION 3 -EXPLANATION OF RATES ...............................
3.4
Timing of Calls ...........................................
Uncompleted Call Crediting............................... ...
MinimumCaliCompletionRate ..............................
Rates Based Upon Calculation of Distance
. . . . . . . . . . . . . . . . . . . ..
SECTION 4 - SERVICE OFFERINGS ..................................
LongDistanceService .....................................
Toll-FreeService .........................................
MiscelianeousServices...................................
Effective: November -' 1999Issued: November 23 , 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom. Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 4
Idaho P.C. Ta 'iff No.
Boise. Idaho
(Acceptance Stamp)
TABLE OF CONTENTS (Cont'
Page
SECTIONS - RATES
...........' ..................................
Lol,gDistanceService .....................................
Tol-FreeService .........................................
Mi~)cellaneousServices.
..............................'",..
5.4 La1:ePaymentCharge .,..,.........................,.......
Return Check Charge ......................................
RestoratiunufSarvice......................................
DirectoryAssistanceCh~rgp................................
Special Promotions ........................................
PayphoneSurcharge ......................................
10 SpeciaIRatesfortheHandicapped............................
10.DirectoryAssistance.................................. 31
10.2 Telecommunications Relay Service.
. . . . . . . . . . . . . . . , . . . ..
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 5
Idaho P.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
EXPLANATION OF SYMBOLS
Any tariff modification shall be marked in the right-hand margin of the replacing tariff
sheet with symbols described to indicate the place, nature, and extent of the change in
text.
To Signify Changed Regulation
Delete or Discontinue
Change Resulting In An Increase To A Customer's Bill
Moved from Another Tariff Location
New
Change Resulting In A Reduction To A Customer's Bill
Matter Appearing Elsewhere or Repeated for Clarification
Change In Text or Regulation But No Change In Rate or Charge
Issued: November 23,1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,- 1999
NetLojix Telecom, Inc.
Original Page 6
Boise, IdalTo
(Acceptance Stamp)Idaho P.C. Tariff No.
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper left corner of the page.
Sheets are numbered sequentially. However, new sheets are occasionally added
to the tariff. When a new sheet is added between sheets already in effect , a
decimal is added. For example, a new sheet added between sheets 14 and 15
would be 14.
Sheet Revision Numbers - Revision numbers also appear in the upper right
corner of each page. These numbers are used to determine the most current
sheet version on file with the Commission. For example, the 4th revised Sheet
14 cancels the 3rd revised Sheet 14. Because of various suspension periods,
deferrals , etc. the Commission follows in their tariff approval process, the most
current sheet number on file with the Commission is not always the tariff page in
effect.
Paraqraph Numbering Sequence - There are nine levels of paragraph coding.
Each level of coding is subservient to its next higher level:
A.1.
A.1.(a).
(a).
(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 sheets
contained in the tariff, with a cross reference to the current revision number.
When new pages are added , the check .sheet is changed to reflect the revision.
All revisions made in a given filing are designated by an asterisk (*). There will
be no other symbols used on the check sheet if these are the only changes
made to it (i.e., the format, etc. remains the same, just revised revision levels on
some pages). The tariff user should refer to the latest check sheet to find out if a
particular sheet is the most current on file with the Commission.
Issued: November 23 , 1999 Effective: November _1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3.-1999
Original Page 7
Idaho P.C. Tariff No.
Boise. Idaho(Acceptance Stamp)
TECHNICAL TERMS AND ABBREVIATIONS
Access Line - An arrangement which connects the customer's location to a
NetLojix network switching center.
Account Code - A numeric code which enables a customer to identify individual
users for administrative purposes.
Authorization Code - A numerical code, one or more of which may be assigned
to a Subscriber, to enable Company to identify the origin of service User so it
may rate and bill the call. All authorization codes shall be the sole property of
Company and no Subscriber 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.
Automatic Num~fication (ANI)- A type of signaling provided by a local
exchange telephone company which automatically identifies the local exchange
line from which a call originates.
Company or Company - NetLojix Telecom , Inc.
Calls - Telephone messages completed by customers or users.
Commission - Refers to the Idaho Public Utilities Commission.
Common Company - A company or entity providing telecommunications services
to the public.
Customer or Subscriber - The person , firm or corporation that orders service
and is responsible for the payment of charges and compliance with the
Company s tariff regulations.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 8
Idaho P.C. Tariff No.
Boise. Idaho
(Acceptance Stamp)
TECHNICAL TERMS AND ABBREVIATIONS (Cont'
Feature Grou D FGD - The method of "+1" access available through the
switched netowork of the local exchange utility. FGD is also known as equal
access.
Holidays - NetLojix Telecom, Inc.'s recognized holidays are New Year's Day,
Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veteran s Day, Thanksgiving Day and Christmas
Day.
NetLoiix - NetLojix Telecom, Inc.
Tariff - The entire body of regulated rates, tolls, rentals, changes, classifications,
rules, procedur!3s, policies, etc. adopted and filed with the Commission by a
telephone utility in fulfilling its role of telecommunications service. The term may
also be used in reference to similar documents filed with state regulatory
agencies.
Telecommunications - The transmission of voice communications or, subject to
the transmission capabilities of the service, the transmission of data, facsimile,
signaling, metering, or other similar communications.
User or End User - A Customer, Joint User, or any other person(s) authorized by
a Customer to use service provided under this tariff.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
NetLojix Telecom, Inc.
Original Page 9
Boise Idaho(Acceptance Stamp)Idaho P.C. Tariff No.
1.4
Section 1 - APPLICATION OF TARIFF
This tariff contains the regulations and rates' applicable to resold intrastate
interexchange telecommunications services provided by Company between one
or more points within the State of Idaho. Company s services are furnished
subject to the availability of facilities and subject to the terms and conditions of
this tariff.
The rates and regulations contained in this tariff apply only to the services
furnished by Company and do not apply, unless otherwise specified, to the lines,
facilities, or services provided by a local exchange telephone company or other
common Company for use in accessing the services of Company.
The Subscriber is entitled to limit the use of Company s services by Users at the
Subscriber s facilities, and may use other common Companys in addition to or in
lieu of Company.
NetLojix will provide resold intrastate interexchange telecommunications
services on a 24 hour basis. NetLojix maintains a highly qualified customer
service staff accessible via a toll-free number. When applying for service each
prospective customer will be required to furnish NetLojix with the following
information:
Name of the party who will be responsible for payment for the
interexchange service provided.
(b) . Address or exact location of the premises where interexchange service is
to be provided and billed.
(a)
Service shall be considered initiated hereunder upon the earlier of the following:
(a)
(b)
First use by the customer of the NetLojix service, and,
The receipt by NetLojix of a customer s initial payment for NetLojix
service.
Service is provided and billed on the basis of usage except as otherwise
specified beginning on the date that billing becomes effective, and continues to
be provided after the initial period until the customer requests cancellation or
until NetLojix disconnects service pursuant to the provisions of this Tariff.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Original Page 10
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
8oise, Idaho
(Acceptance Stamp)Idaho P.C. Tariff No.
SECTION 2 - REGULATIONS
!J.nQertakinq of the Company
Scope
Resold intrastate interexchange telecommunications is furnished in
accordance with the conditions and regulations which are set forth in the
body of this Tariff.
Limitations
Service is offered subject to the availability of facilities as provided
under this Tariff.
NetLojix reserves the right to discontinue furnishing service, or limit
the use of service necessitated by conditions beyond it's control; or
when the customer is using service in violation of the law or the
provisions of this Tariff.
All facilities provided under this Tariff are controlled by NetLojix and
the customer may not transfer or assign the use of service of
facilities, except with the express written consent of the Company.
Such transfer or assignment shall only apply where there is no
interruption of the use or location of the service or facilities.
Prior written permission from the Company is required before any
assignment or transfer. All regulations and conditions contained in
this Tariff shall apply to all such permitted assignees or transferees,
as well as all conditions for service.
Effective: November -' 1999Issued: November 23, 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
(Accef'JI8l11AUlStam p)
NetLojix Telecom, Inc.
Original Page
Idaho P.C. Tariff No.
SECTION 2 - REGULATIONS (Cont'
Undertakinq of the Company (Cont'd)
Liability of the Company
Except as otherwise stated in this section, the liability of 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 2.5, 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 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 or, in the event that payment
has been made and service has been discontinued, to a refund of
the amount erroneously billed.
Effective: November -' 1999Issued: November 23 , 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Original Page 12
Idaho P.C. Tariff No.
Idaho Public Uti1ities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,- 1999
Boise. Idaho
(Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'
Undertakinq of the Company (Cont'd)
Liability of Company (Cont'd)
Company shall not be liable for any claims for loss or damages
involving:
Any act or omission of: (1) the Customer, (2) any other entity
furnishing service, equipment or facilities for use in
conjunction with services or facilities provided by Company;
or (3) common Companys or warehousemen;
Any delay or failure of performance or equipment due to
causes beyond 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 action taken
against 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 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 transmission of communications by means of
Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services with
Customer-provided facilities or services;
Effective: November -' 1999Issued: November 23 , 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Original Page 13
Idaho P.C. Tariff No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,-1999
Boise, Idaho
, (Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'
Undertaking of the Company (Cont'd)
Liability of Company (Cont'd)
Company shall not be liable for any claims for loss or damages
involving: (Cont'd)
Breach in the privacy or security of communications
transmitted over Company s facilities;
Changes in any of the facilities, operations or procedures of
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 Company and is not
provided to the Customer, in which event Company s liability
is limited as set forth in section 2.
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 Worker s 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 Company
facilities;
Issued: November 23 , 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Original Page 14
Idaho P.C. Tariff No.
Idaho Public Utilities Commi~ion
Office of the Secretary
ACCEPTED FOR FlUNG
DEC 3 -1999
(A~~e Stamp)
SECTION 2 - REGULATIONS (Cont'
Undertaking of the Company (Cont'd)
Liabilitv of Company (Cont'd)
Company shall not be liable for any claims for loss or damages
involving: (Cont'd)
10.
11.
Any intentional, wrongful act of a Company employee when
such act is not within the scope of the employee
responsibilities for Company and/or is not authorized by
Company;
Any representations made by Company employees that do
not comport, or that are inconsistent, with the provisions of
this Tariff;
Any act or omission in connection with the provision of 911
E911 , or similar services involving emergencies;
12.Any noncompletion of calls due to network busy conditions;
13.Any calls not actually attempted to be completed during any
period that service is unavailable.
Company shall be indemnified, defended and held harmless by the
Customer or end user from and against any and all claims, loss,
demands, suites , expense, or other action or any liability
whatsoever, including attorney fees , whether suffered , made,
instituted, or asserted by the Customer or by any other party, for
any personal injury to or death or any person or persons, and for
any loss, damage or destruCtion of any property, including
environmental contaminatio'n , whether owned by the Customer or
by any other party, caused or claimed to have been caused directly
or indirectly by the installation, operation , failure to operate,
maintenance, presence, condition , location, use or removal of any
Company or customer equipment or facilities or service provided by
Company.
Effective: November -' 1999Issued: November 23, 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
D EC 3,~ 1999NetLojix Telecom, Inc.
Original Page 15
Idaho P.C. Tariff No.
Boise, Idaho
: (Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'd)
Undertakina of the Company (Cont'd)
Liability of Company (Cont'd)
Company assumes no responsibility for the availability or
performance of any cable or satellite systems or related facilities
under the control of other entities, or for other facilities provided by
other entities used for service to the Customer, even if Company
has acted as the Customer s agent in arranging for such facilities or
services. Such facilities are provided subject such degree of
protection or nonpreemptibility as may be provided by the other
entities.
Any claim of whatever nature against Company shall be deemed
conclusively to have been waived unless presented in writing to
Company within thirty (30) days after the date of the occurrence
that gave rise to the claim.
Company MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION
OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE , EXCEPT THOSE EXPRESSLY SET FORTH
HEREIN.
The tariff language in this Section 2.3 does not constitute a
determination by the Commission that a limitation of liability
imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a
court's responsibility to adjudicate negligence and consequential
damage claims. It is also the court's responsibility to determine the
validity of the exculpatory clause.
Effective: November -' 1999Issued: November 23, 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho P.C. Tariff No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
(Acc.~ Stamp)
NetLojix Telecom, Inc.
Original Page 16
SECTION 2 - REGULATIONS (Cont'
Undertakinq of the Company (Cont'd)
1.4 Initial Service Periods and Termination of Service
The initial service period is one (1) month except as specified in other
sections of this Tariff. The initial service period of any class may be
greater than that specified above, or elsewhere in this Tariff, when
facilities are not available and the customer's location or the character or
quantity of the service requested is such that, upon termination of the
customer's user thereof, the required facilities are not likely to be useful as
a part of a properly designed telephone distribution system serving
telephone users in or beyond the customer's location.
Credit Allowances for Interruption of Service
Credit allowance for the interruption of service which is not due to the
Company s testing or adjusting, negligence of the customer, or to the
failure of channels or equipment provided by the customer, are subject to
the general liability provisions set forth. It shall be the obligation of the
customer to notify the Company immediately of any interruption in service
for which a credit allowance is desired. Before giving such notice, the
customer shall ascertain that the trouble is not being caused by any action
or omission by the customer within his control, or is not in wiring or
equipment, if any, furnished by the customer and connected to the
Company s facilities.
The customer shall be credited for an interruption of more than twenty-
four hours as follows:
Credit Formula:
Credit = AIB x C
A" - outage time in hours
B" - total hours in a month (month = 720)
c" - total monthly charge for affected facility
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,-1999
Original Page 17 Boise, Idaho
; (Acceptance Stamp)
.Idaho P.C. Tariff No.
SECTION 2 - REGULATIONS (Cont'
Responsibilities otthe Subscriber
1 The Subscriber is responsible for placing any necessary orders; for
complying with tariff regulations; for the placement of any stickers or tent
cards provided by Company or as required by law; and for assuring that
Users comply with tariff regulations. The Subscriber shall ensure
compliance with any applicable laws, regulations, orders or other
requirements (as they exist from time to time) of any governmental entity
relating to services provided or made available by the Subscriber to
Users. The Subscriber is also responsible for the payment of charges for
calls originated at the Subscriber's numbers which are not collect, third
party, calling card , or credit card calls.
2 The Subscriber must pay Company for replacement or repair of damage
to the equipment or facilities of Company caused by negligence or willful
act of the Subscriber, Users, or other, by improper use of the services, or
by use of equipment provided by the Subscriber, Users, or others.
3 The Subscriber must pay for the loss through theft of any Company
equipment installed at Subscriber s premises.
2.4 The Subscriber shall indemnify and save Company harmless from all
liability disclaimed by Company in this tariff, arising in connection with the
provision of service by Company, and shall protect and defend Company
. from any suits or claims against Company and shall pay all expenses and
satisfy all judgments rendered against Company in connection herewith.
Company shall notify the Subscriber of any suite or claim against
Company of which it is aware.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecc,m, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3,- 1999
Original t-Jage 1 g Boise, Idaho
Idaho P.C. Tariff No.
.....-
(A.cceptancC! Stamp)
~~C lION 2 - REGULATIONS (Cont'
Use of SE:rvice
The servi,:es tariffed are furnished subject to the condition that they will not be
used for any unlawful purpose. Services will not be furnished if any law
enforcement agency, acting within its jurisdiction, advises that such services are
being used or are likely to be used in vIolation of the law.
Customer EQuipment and Channels
1 lnt~rconnection With Other ComDanie~
Service furnished by NetLojix may be connected with services or facilities
of another participating Company or may be provided over facilities which
am solely provided by local utilities and/or interexchange Companys other
thEln NetLojix. Service furnished by NetLojix is not part of a joint
un,jertaking with such other Companys.
Issued: November 23. 1999 Effective: November -' 1999
IS6 ued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Netlojix Telecclm, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3- 1999
Original Page 1 H
Idaho P.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'd)
Advance Petyrmmls and Deoosits
NetLojix will not collect advant'.p. p~yments or deposits from Customers.
Effective: November _1999Issued: Novemt.er 23, 1999
Is~;ued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
Original Page 20
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
NetLojix Telecom, Inc.
Idaho P.C. Tariff No.(Acc'W~\J9f&Oe Stamp)
SECTION 2 - REGULATIONS (Cont'
Renderinq and Payment of Bills
Rendering of Bills
Regular customer bills are issued monthly. Each bill contains the dates
included in the billing period, dates for service charges associated with
work performed and the last date for timely payment. Bills include the
amount the customer is charged, stated by category, sales tax and excise
tax, with separate entries for total amounts current or in arrears.
Reasonable customer requested adjustments to monthly bills may be
made if the Customer brings the desired adjustment to NetLojix s attention
within sixty (60) days of issuance of the bill. NetLojix reserves the right
extend the period for adjustments beyond the sixty (60) day period if, in
NetLojix s judgment, the situation so warrants.
2 Due Dates
Customer payments are considered prompt when received by NetLojix or
its agent by the due date on the bill. The due date is thirty (30) days after
the bill is rendered. Any Customer not paying within thirty (30) days is
considered delinquent.
Issued: November 23 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 21
Idaho P.C. Tariff No.
Boise, Idalw(Acceptance stamp)
SECTION 2 - REGULATIONS (Cont'
Rendering and Payment of Bills (Cont'd)
Pavment for Service
The rates specified in this tariff are rates based on usage, billed monthly
and payable in arrears. All Customers shall be permitted to have a last
date for timely payment changeable for cause in writing. Such a change
will become effective when acknowledged by NetLojix. Until
acknowledged, no change in date of timely payment is recognized by
NetLojix. The maximum payment required for restoration of service that
existed prior to disconnection shall be the total past-due amount,
applicable charges and Advance Payment and Deposit as specified
elsewhere in this tariff. The Customer is held responsible for all charges
for services furnished at the Customer's request and for all toll service
furnished. It is the Customer s responsibility to contact NetLojix when no
bill is received. Except as provided elsewhere in this tariff, the rate for a
full billing period is specified in this tariff. If the prorating indicates a
refund is due, the refund is applied as a bill credit.
The Customer is liable for any legal fees incurred by NetLojix in the
process of collecting a past-due amount. The amount of these fees can
be determined by officers of court if the proceedings are fully litigated.
the Customer acquiesces to NetLojix s demand for payment before a
judgment is rendered, NetLojix will bill the delinquent customer for costs
. incurred to that point. The Customer is entitled to a statement of legal
fees that are being assessed.
6.4 Disputed Bills
In the event of a dispute concerning a bill , NetLojix may require the
Customer to pay the undisputed portion of the bill. Following payment of
the undisputed amount, efforts to resolve the complaint, using complaint
procedures in this tariff, shall continue for no more than forty-five (45)
days after the rendering of the disputed bill. During this period the service
shall not be disconnected for nonpayment of the disputed amount.
SECTION 2 - REGULATIONS (Cont'
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
Original Page 2~
Idaho P.C. Tal'iff No.
Boise, Idaho
(Acceptance Stamp)
S~G IION:l - KEGULA TIONS (Cont'd)
Rendering and Payment of Bills (Cont'
Customer Comclaints
Customer complaints are handled by a full service customer service
department. A customer or prospective customer may initiate a complaint
or billing inquiry with NetLojix by either calling 1-877-NETLOJIX during
normal business hours or submitting a written complaint to:
Ne':Lojix Telecom. Inc.
50'1 Bath Street
Sal1ta Barbara, CA 93101
NetLojix s response to the customer will generally be in the same form used by
the custorner. However, NetLojix may respond to writton complaints by
telephone when it believes such communications will be more effective in
resolution of the issue. When a complaint or billing inquiry is received. a NetLojix
customer service representative will determine if the call was processed by
NetLojix, and if so, the type of call. If it is a fraud or unanswered call for which
the customer should not be held responsible, NetLojix will refund all charges for
the call. F there is a rate dispute, NetLojix will adjust the charges if an error is
confirmed. The customer may at any point during the resolution of tho complaint
or billing inquiry seek review by a NetLojix supervisor or manager. If the
customer wishes further review after investigation and final resolution by
NetLojix, the customer may direct all appropriate information to the Federal
Communio:;ations Commission or the Idaho Public Utilities Commission, located
at State House, 472 W. Washington Street, Boise, 1083702, telephone number
800-43L~-0369.
Issued: Novembl~r 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
Original Page 23
Idaho P.C. Tariff No.
Boise. Idaho
(Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'
Renderinq and Payment of Bills (Cont'
Discontinuance of Service
Company may terminate Service to a Customer for nonpayment of
undisputed charges or other violation of this tariff or provision of law upon
written notice, as required below, to the Customer without incurring any
liability for damages due to loss of telephone Service to the Customer.
Termination of Service will not occur on any Friday, Saturday, Sunday or
legal holidays. Charges will not be considered past due until thirty (30)
days from the closing date printed on the Customer's bill.
The Company may refuse or discontinue Service under the following
conditions provided that the Customer shall be given five (5) days written
notice, excluding Sundays and legal holidays, to comply with any rule or
remedy any deficiency:
For non-compliance with or violation of any State, municipal, or
Federal law, ordinance or regulation pertaining to telephone
Service, including, but not limited to , the placement of harassing,
annoying or repeated unwanted calls of which the Company
receives notice.
For use of telephone Service for any purpose other than that
described in the application.
For neglect or refusal to provide reasonable access to the
Company or its agents for the purpose of inspection and
maintenance of equipment owned by the Company or its agents.
For noncompliance with or violation of Commission regulation or
the Company s rules and regulations on file with the Commission.
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
NetLojix Telecom, Inc.
Original Page 24
Idaho P.C. Tariff No.
Boise. Idaho
(Acceptance Stamp)
SECTION 2 - REGULATIONS (Cont'
Rendering and Payment of Bills (Cont'
Discontinuance of Service (Cont'd)
For failure of Customer to pay a bill for utility service when due.
For failure of Customer to meet the Company s credit
requirements.
Without notice in the event of Customer use of equipment or
services in such a manner as to adversely affect the Company
equipment or Service to others.
Without notice in the event of tampering with the equipment or
services owned by the Company, the Underlying Company or their
agents.
Without notice in the event of a condition determined to be
hazardous to the Customer, to other Customers of the Company, to
the Company s equipment, the public, or to employees of the
Company.
Effective: November -' 1999Issued: November 23, 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
Idaho P.C. Tariff No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
(AccifJfaHet Stamp)
NetLojix Telecom, Inc.
Original Page 25
SECTION 2 - REGULATIONS (Cont'
T axes And Fees
Now, or at any future time, if a state or municipality possesses or acquires the
legal right to impose an occupation tax, license tax, sales tax, gross receipts tax
, permit fee, franchise fee or other similar charge upon NetLojix, and has imposed,
or imposes the same by ordinance or otherwise, such taxes, fees or charges
shall be billed to the customers receiving service within the territorial limits of
such municipality. Such billing shall allocate the tax, fee or charge among
customers uniformly on the basis of each customer's monthly charges for the
, types of service made subject to such tax, fee or charge.
If at any future 'time a county or other local taxing authority acquires the legal
right to impose an occupation tax, license tax, sales tax, gross receipts tax
permit fee , franchise fee or other similar charge upon NetLojix, and has imposed,
or imposes the same by ordinance or otherwise, such taxes, fees or charges
shall be billed to the customers receiving service within the territorial limits of
such municipality. Such billing shall allocate the tax, fee or charge among
customers uniformly on the basis of each customer's monthly charges for the
types of service made to such tax, fee or charge.
Issued: November 23 , 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 26
Idaho P.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
SECTION 3 - EXPLANATION OF RATES
Timina of Calls
The Customer's long distance usage charge is based on the actual usage of
NetLojix s network. Usage begins when the called party picks up the receiver.
When the called party picks up, is determined by hardware answer supervision in
which the local telephone company sends a signal to the switch or the software
utilizing audio tone detection. A call is terminated when either calling party
hangs up.
Uncompleted Call Crediting
If A Customer receives a bill for an uncompleted call, NetLojix will reimburse thecustomer for the full amount.
Minimum Call Completion Rate
A Customer can expect a call completion rate (number of calls
completed/number of calls attempted) of not less than 95% during peak use
periods for all FGD services.
3.4 Rates Based Upon Calculation of Distance
Usage charges for all mileage sensitive products are based on the airline
distance between rate centers associated with the originating and terminating
points of the call.
The airline mileage ' between rate centers is determined by applying the formula
below to the vertical and horizontal coordinates associated with the rate centers
involved. The Company uses the rate centers that are produced by Bell
Communications Research in the NPA-NXX V & H Coordinates Tape and Bell'
NECA Tariff No.
FORMULA:The square
root of:(V1 - V2)2 + (!:iL~.H2)2
SECTION 4 - SERVICE OFFERINGS
Issued: November 23 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
Original Page 27
Idaho P.C. Tariff No.
Boise. Idaho
(Acceptance Stamp)
Lonq Distance Service
, Company s Long o.stance Service (LDS) is 'a communications service which is
available for use by customers twenty-four (24) hours a day. Customers may
originate LOS from locations served by the Carrioer, and may terminate in alllocations within the State of Idaho.
The service is offered in Feature Group D (FGD) exchanges where the
Customer's local telephone lines are presubscribed by the local exchange
company to the Company s LDS service, such that "1 +" interLA T A calls are
automatically routed to the Company s network.
Toll Free Service
Toll Free Service is an inbound communications service which permits calls to
be completed at the Customer's location without charge to the calling party.
Access to the service is gained by dialing a ten (10) digit telephone number
(800+ NXX-XXXX) which will terminate at the Customer's location. Calls may
originate from any location within the State of Idaho and may terminate at the
Customer's location.
Toll Free Service will be billed per call based on the duration of the call. Usage
discounts apply to aggregate monthly interstate and intrastate usage.
Toll Free service calls are originated via normal shared use facilities and are
terminated via the Customer's local exchange service access line.
Issued: November 23 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecom, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
Original Page 28
Idaho P.C. Tariff No.
Boise, Idaho
(Acceptance Stamp)
SECTION 4 - SERVICE OFFERINGS (Cont'd)
Miscellaneous Services
RESERVED FOR FUTURE USE
Issued: November 23 , 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
Original Page 29
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 - 1999
NetLojix Telecom, Inc.
Idaho P.C. Tariff No.(Accdptta..e Stamp)
SECTION 5 - RATES
Long Distance Service
Rate Per Minute
24 hours a day, 7 days a week,
365 days a year
Toll Free Service
Rate Per Minute
24 hours a day, 7 days a week,
365 days a year
Miscellaneous Services
RESERVED FOR FUTURE USE
Issued: November 23, 1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth , TX 76180
5.4
NetLojix TeleceJ,m, Inc.
Original Page 30
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3.-1999
Idaho P.C. Tariff No.
Boise Idaho(Acceptaneo Stamp)
SEC'IION ~ - RATES
Late Payment Charge
Interest charges of 1.5% per month will be assessed on all unpaid balances more than
thirty days old.
Return Check C large
A return chet;k l;tJarge of $20.00 will be assessed for checks returned for insufficient
funds.
Restoration of Service
A restoration feE! of $25.00 per occurrence is charged when service is re-established for
customers who had been disconnected for non-payment.
Directorv Assistance Charge
Company will ccnnect LDS Service Customers to Directory Assistance (DA) for a fee of
$0.75 per occurrence.
Soecial Promotions
The Company will, from time to time, offer special promotions to its customers waiving
ccrtE1in charges. These promotions will be approved by the Commission with !=:pAr:ific
starting and ending dates.
Pavohone Surcharge
A charge will ap )Iy to calls that originate from any payphone used to access Cornp~ny's
services.
Rate per Call: $0.
Issued: Novemt,er 23, 1999 Effective: November -' 1999
Is~;ued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, TX 76180
NetLojix Telecc,m, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 3 -1999
Original t-Jage 31.
Idaho P.C. Tariff No.
Boise. Idaho
(Acceptance Stamp)
SE;CTJON 5 - RATES
10 Special Rates F,x The Handicaoped
10..Q.irectorv Assistance
There shall be no charge for up to fifty (50) calls per billing cycle from
linBs or trunks serving individuals with disabilities. Company shall charge
thE! prevailing tariff rates for every call in excess of fifty (50) calls within a
billing cycle.
10.Telecommunications Rp.I~v Service
The charge for intrastate toll calls received from the relay service, will be
50 Yo percent off of the otherwise applicable rate for a voice nonrelay call
exGept that where either the calling or called party indicates that either
pa 1y is both hearing and visually impaired, the call shall be discounted 60
pe .cent off of the otherwise applicable rate for a voice nonrelay call. The
ab,)ve discounts apply only to time-sensitive elements of a ch~rgp. for the
call and shall not apply to per call charges such as a credit card
sul-charge.
307844.
Issued: November 23,1999 Effective: November -' 1999
Issued by:Michael D. Ussery
8721 Airport Freeway
Fort Worth, J X 76180