HomeMy WebLinkAboutNorlight Inc.pdf Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
Norlight, Inc. Idaho Price List No. 1
Original Title Page
TERMS AND CONDITIONS FOR INTRASTATE CHARGES
GOVERNING THE PROVISION OF
COMPETITIVE INTEREXCHANGE SERVICES
FILED WITH THE
IDAHO PUBLIC UTILITIES COMMISSION
NORLIGHT, INC.
3701 Communications Way
Evansville, IN 47715
NORLIGHT, INC.
Legal and Regulatory Department
8829 Bond Street
Overland Park, KS 66214
This Price List applies to Interexchange Telecommunications Services furnished by Norlight, Inc.,
between one or more points within the State of Idaho. This Price List 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, 8829 Bond Street, Overland Park, Kansas 66214.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 1
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
CHECK SHEET
The pages of this Price List are effective as of the date shown. The original and revised pages named below
contain all changes from the original Price List and are in effect on the date shown.
Page Revision
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Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 2
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
TABLE OF CONTENTS
Page
CHECK SHEET ................................................................................................................................ 1
TABLE OF CONTENTS .................................................................................................................... 2
PRICE LIST FORMAT ........................................................................................................................ 3
SECTION 1 - EXPLANATION OF SYMBOLS ................................................................................ 4
SECTION 2 - DEFINITIONS .............................................................................................................. 5
SECTION 3 - APPLICATION OF PRICE LIST .................................................................................. 7
SECTION 4 - CONDITIONS ............................................................................................................... 8
SECTION 5 - SERVICE DESCRIPTIONS ........................................................................................... 36
SECTION 6 - RATES AND CHARGES ............................................................................................... 39
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 3
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
PRICE LIST FORMAT
1. 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 Price List. 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.A.
2. 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 Commission follows in its Price List approval process, the most current
page number on file with the Commission is not always the Price List page in effect.
3. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is
subservient to its next higher level:
2.
2.1.
2.1.1.
2.1.1.A.
2.1.1.A.1.
2.1.1.A.1.a.
2.1.1.A.1.a.I.
2.1.1.A.1.a.I.i.
4. Check Sheets - When a Price List filing is made with the Commission, an updated check sheet
accompanies the Price List filing. The check sheet lists the pages contained in the Price List, 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 Price List user
should refer to the latest check sheet to find out if a particular page is the most current on file with the
Commission.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 4
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 1 - EXPLANATION OF SYMBOLS
The following symbols shall be used in this Price List for the purpose indicated below:
C - To signify changed regulation.
D - To signify discontinued rate or regulation.
I - To signify increased rate.
M - To signify a move in the location of text.
N - To signify new rate or regulation.
R - To signify reduced rate.
S - To signify reissued matter.
T - To signify a change in text but no change in rate or regulation.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 5
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 2 - DEFINITIONS
Certain terms used generally throughout this Price List are described below.
Advance Payment
Part or all of a payment required before the start of service.
Access Services
The Company's interstate telephone services offered pursuant to this Price List.
Authorized User
A person, firm, or corporation that is authorized by the customer or joint user to be connected to the
service of the customer or joint user, respectively.
Catastrophic Interruption
A complete cable cut, an equipment enclosure fire, an explosion, or any other circumstance of an
extraordinary and catastrophic nature.
Commission
The Idaho Public Utilities Commission.
Company
The term "Company" denotes Norlight, Inc.
Customer
The person, firm, or corporation that orders service and is responsible for the payment of charges and
compliance with the Company's conditions.
Dedicated or Private Line
A facility or equipment system or subsystem set aside for the sole use of a specific Customer.
End User or User
Any person or entity that obtains the Company's services provided under this Price List, regardless of
whether such person or entity is so authorized by the Customer.
Enhanced Services
Services offered over common carrier transmission facilities that employ computer processing
applications that act on the format, content, code, protocol, or similar aspects of the Customer’s
transmitted information; and/or that provide Customer additional, different, or restructured
information; and/or that is transmitted in packet format; and/or that offers the capability for
generating, acquiring, storing, transforming, processing, retrieving, utilizing, making available, or
interacting with information.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 6
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 2 - DEFINITIONS (Cont’d)
ICB or Individual Case Basis
A service arrangement in which the regulation, rates and charges are developed based on the specific
circumstances of the case.
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 a LATA in the NATIONAL EXCHANGE CARRIER
ASSOCIATION, Inc. Tariff F.C.C. No. 4.
Network
Refers to the Company's facilities, equipment, and services provided under this Price List.
Network Service
Intrastate communications service providing one-way and/or two-way information transmissions
originating from points within the State of Idaho.
Non-Catastrophic Interruption
All interruptions other than Catastrophic Interruptions.
Service Commencement Date
The first date on which the Company notifies the Customer that the requested service or facility is
available for use, unless extended by the Customer's refusal to accept service which does not conform
to standards set forth in the Service Order or this Price List, in which case the Service
Commencement Date is the date of the Customer's acceptance. The Company and the Customer may
mutually agree on a substitute Service Commencement Date. If the Company does not have an
executed Service Order from a Customer, the Service Commencement Date will be the first date on
which the service or facility was used by a Customer.
Service Order
The written request for dedicated services executed by the Customer and the Company in the format
devised by the Company. The signing of a Service Order by the Customer and acceptance by the
Company initiates the respective obligations of the parties as set forth therein and pursuant to this
Price List, but the duration of the service is calculated from the Service Commencement Date.
Should a Customer use the Company's dedicated service without an executed Service Order, the
Company will then request the Customer to submit a Service Order.
Shared
A facility or equipment system or subsystem that can be used simultaneously by several Customers.
User
A Customer, joint user, or any other person authorized by a Customer to use service provided under
this Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 7
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 3 - APPLICATION OF PRICE LIST
3.1 This Price List applies to intrastate interexchange service supplied to Customers.
This Price List applies only to the extent that services provided hereunder are used by a
Customer for the purpose of originating or terminating intrastate communications. A
communication is "intrastate" only if all points of origination and termination are located
within the State of Idaho.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 8
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS
4.1 Undertaking of the Company
4.1.1 Scope
The Company undertakes to furnish dedicated and private line services in
accordance with the terms and conditions set forth in this Price List. Applications
for initial or additional service made verbally or in writing become a contract upon
the establishment of the service or facility.
4.1.2 Shortage of Facilities
All service is subject to the availability of suitable facilities. The Company reserves
the right to limit the length of communications or to discontinue furnishing services
when necessary because of the lack of transmission medium capacity or because of
any causes beyond its control.
4.1.3 Terms and Conditions
A. Service is provided on the basis of a minimum period of at least one month,
24-hours per day. For the purpose of computing charges in this Price List, a
month is considered to have 30 days.
B. Customers may be required to enter into written Service Orders which shall
contain or reference a specific description of the service ordered, the rates to
be charged, the duration of the services, and the terms and conditions in this
Price List. Customers will also be required to execute any other documents
as may be reasonably requested by the Company.
C. In any action between the parties to enforce any provision of this Price List,
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.
D. This Price List shall be interpreted and governed by the laws of the State of
Idaho, regardless of choice of laws provision.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 9
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.4 Limitations on Liability
A. Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: (1) the furnishing of its services, including,
but not limited to, mistakes, omissions, interruptions, delays, or errors, or
other defects, misrepresentations, 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 this Price List.
B. Except for the extension of allowances to the Customer for interruptions in
service as set forth in this Price List, the Company shall not be liable to a
Customer or third party for any direct, indirect, special, incidental, reliance,
consequential, exemplary or punitive damages, including, but not limited to,
loss of revenue or profits, for any reason whatsoever, including, but not
limited to, any act or omission, failure to perform, delay, interruption,
failure to provide any service or any failure in or breakdown of facilities
associated with the service.
C. The 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 or, in the event that payment has been made and service
has been discontinued, to a refund of the amount erroneously billed.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 10
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.4 Limitations on Liability (Cont’d)
D. The Company shall not be liable for any claims for loss or damages
involving:
1. Any act or omission of: (a) the Customer; (b) any other entity
furnishing service, equipment, or facilities for use in conjunction
with services or facilities provided by the Company; or (c) common
carriers or warehousemen;
2. Any delay or failure of performance or equipment due to causes
beyond the Company's control, including, but not limited to, acts of
God, fires, floods, earthquakes, hurricanes, or other catastrophes;
national emergencies, insurrections, riots, wars or other civil
commotions; strikes, lockouts, work stoppages or other labor
difficulties; criminal actions taken against the Company;
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;
3. Any unlawful or unauthorized use of the Company's facilities and
services;
4. 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;
5. Breach in the privacy or security of communications transmitted
over the Company's facilities;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 11
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.4 Limitations on Liability (Cont’d)
D. (Cont’d)
6. Changes in any of the facilities, operations, or procedures of the
Company that render any equipment, facilities, or services provided
by the Customer obsolete, or require modification or alteration of such equipment, 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 this Price List.
7. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the
installation or removal thereof;
8. Injury to 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;
9. Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilities for the
Company and/or is not authorized by the Company; 10. Any representations made by Company employees that do not
comport, or that are inconsistent, with the provisions of this Price List;
11. Any non-completion of calls due to network busy conditions; 12. Any calls not actually attempted to be completed during any period
that service is unavailable;
13. Any non-completion of communications, including, but not limited
to, any inability to send, receive, or access enhanced services, such as electronic mail, voice mail, Internet sites, and data or application
services.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 12
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.4 Limitations on Liability (Cont’d)
E. The Company shall be indemnified, defended, and held harmless by the
Customer or end user from and against any and all claims, loss, demands,
suits, 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 of any
person or persons, and for any loss, damage, or destruction of any property,
including environmental contamination, 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 the Company.
F. The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere. The
Company shall be indemnified, defended, and held harmless by the
Customer from and against any and all claims, loss, demands, suits, 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 of any person or persons, and for
any loss, damage, or destruction of any property, including environmental
contamination, 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 equipment or facilities or the service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 13
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.4 Limitations on Liability (Cont’d)
G. The 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 the Company has acted as the Customer's
agent in arranging for such facilities or services. Such facilities are
provided subject to such degree of protection or non-preemptibility as may
be provided by the other entities.
H. Except as otherwise stated in this Price List, any claim of whatever nature
against the Company shall be deemed conclusively to have been waived
unless presented in writing to the Company within thirty (30) days after the
date of the occurrence that gave rise to the claim.
I. THE 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.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 14
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.5 Testing and Adjusting
Upon suitable notice, the Company may make such tests, adjustments, and
inspections as may be necessary to maintain the Company's facilities in satisfactory
operating condition. No interruption allowance will be credited to the Customer for
the period during which the Company makes such tests, adjustments, or inspections.
4.1.6 Provision of Equipment and Facilities
A. Except as otherwise indicated, Customer-provided station equipment at the
Customer's premises for use in conjunction with this service shall be so
constructed, maintained, and operated as to work satisfactorily with the
facilities of the Company.
B. The Company shall not be responsible for the installation, operation, or
maintenance of any Customer-provided communications equipment. Where
such equipment is connected to service furnished pursuant to this Price List,
the responsibility of the Company shall be limited to the furnishing of
services under this Price List and to the maintenance and operation of such
services in the proper manner. Subject to this responsibility, the Company
shall not be responsible for:
1. the through transmission of signals generated by Customer-
provided equipment or for the quality of, or defects in, such
transmission; or
2. the reception of signals by Customer-provided equipment; or
3. network control signaling where such signaling is performed by
Customer-provided network control signaling equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 15
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.1 Undertaking of the Company (Cont’d)
4.1.7 Special Construction
Subject to the arrangement of the Company and to all of the conditions contained in
this Price List, special construction of facilities may be undertaken on a reasonable
efforts basis at the request of the Customer. Special construction is that construction
undertaken:
A. where facilities are not presently available, and there is no other
requirement for the facilities so constructed;
B. of a type other than that which the Company would normally utilize in the
furnishing of its services:
C. over a route other than that which the Company would normally utilize in
the furnishing of its services; D. in a quantity greater than that which the Company would normally
construct;
E. on an expedited basis;
F. on a temporary basis until permanent facilities are available;
G. involving abnormal costs; or
H. in advance of its normal construction.
Special construction charges will be determined as described herein.
4.1.8 Ownership of Facilities
Title to all facilities provided in accordance with this Price List remains in the
Company, its agents, contractors, or suppliers.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 16
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.2 Prohibited Uses
A. The services the Company offers shall not be used for any unlawful purpose or for
any use for which the Customer has not obtained all required governmental
approvals, authorizations, licenses, consents, and permits.
B. The Company may require applicants for service who intend to use the Company’s
offering for resale and/or for shared use to file a letter with the Company confirming
that their use of the Company’s offering complies with relevant laws and conditions,
policies, orders, and decisions.
C. The Company may require a Customer to immediately shut down its transmission if
such transmission is causing interference to others.
D. 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 Access 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 Price List will apply.
4.3 Obligations of the Customer
4.3.1 Customer Premises Provisions
A. The Customer shall provide the personnel, power, and space required to
operate all facilities and associated equipment installed on the premises of
the Customer.
B. The Customer shall be responsible for providing Company personnel access
to premises of the Customer at any reasonable hour for the purpose of
testing the facilities or equipment of the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 17
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.3 Obligations of the Customer (Cont’d)
4.3.2 Liability of the Customer
A. 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, invitees, or contractors where such acts or omissions are not the
direct result of the Company's negligence or intentional misconduct.
B. To the extent caused by any negligent or intentional act of the Customer as
described in Subsection 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; (2) the death of or injury to persons, including, but not limited
to, employees or invitees of either party; and (3) any liability incurred by
the Company to any third party pursuant to this or any other Price List 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.
C. The Customer shall not assert any claim against any other customer or user
of the Company's services for damages resulting in whole or in part from or
arising in connection with the furnishing of service under this Price List
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 Price List 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.
D. The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company
should be upheld in a court of law. Acceptance for filing by the
Commission recognizes that it is a court's responsibility to adjudicate
negligence and consequential damage claims. It is also the court's
responsibility to determine the validity of the exculpatory clause.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 18
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.4 Customer Equipment and Channels
4.4.1 Interconnection of Facilities
In order to protect the Company's facilities and personnel and the services furnished
to other customers by the Company from potentially harmful effects, the signals
applied to the Company's service shall be such as not to cause damage to the
facilities of the Company. Any special interface equipment necessary to achieve the
compatibility between facilities of the Company and the channels or facilities of
others shall be provided at the Customer's expense.
4.4.2 Inspections
A. The Company may, upon notification to the Customer, at a reasonable time,
make such tests and inspections as may be necessary to determine that the
requirements regarding the equipment and interconnections are being
complied with in respect to the installation, operation and maintenance of
Customer-provided equipment and in the wiring of the connection of
Customer channels to Company-owned facilities.
B. If the protective requirements in connections with Customer provided
equipment are not being complied with, the Company may take such action
as necessary to protect its facilities and personnel and will promptly notify
the Customer by registered mail in writing of the need for protective action.
In the event that the Customer fails to advise the Company within ten (10)
days after such notice is received or within the time specified in the notice
that corrective action has been taken, the Company may take whatever
additional action is deemed necessary, including canceling service, to
protect its facilities and personnel from harm. The Company will upon
request 24 hours in advance provide Customer with a statement of technical
parameters that the Customer's equipment must meet.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 19
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.4 Customer Equipment and Channels (Cont’d)
4.4.3 Station Equipment
A. Customer-provided terminal equipment on the premises of the Customer or
other authorized user, the operating personnel there, and the electric power
consumed by such equipment shall be provided by and maintained at the
expense of the Customer, authorized user, or joint user.
B. The Customer or other authorized user 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.
4.4.4 Interconnection Provisions
Facilities furnished under this Price List may be connected to Customer-provided
terminal equipment in accordance with the provisions of this Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 20
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.5 Customer Deposits and Advance Payments
The Company does not require advanced payments or deposits for this service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 21
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements
4.6.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer.
A. Taxes
The Customer is responsible for payment of any sales, use, gross receipts,
excise, access or other local, state and federal taxes, charges or surcharges
(however, designated) (excluding taxes on the Company's net income)
imposed on or based upon the provision, sale or use of Network Services.
4.6.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or
other users for services and facilities furnished to the Customer by the Company.
A. Non-recurring charges are due and payable within thirty (30) days after the
date of the invoice.
B. The Company shall present invoices for Recurring Charges monthly to the
Customer, in advance of the month in which service is provided, and
Recurring Charges shall be due and payable within thirty (30) days after the
date of the invoice. When billing is based upon Customer usage, usage
charges will be billed monthly for the preceding billing period.
C. When service does not begin on the first day of the month, or end on the last
day of the month, the charge for the fraction of the month in which service
was furnished will be calculated on a pro rata basis. For this purpose, every
month is considered to have thirty (30) days.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 22
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.2 Billing and Collection of Charges (Cont’d)
D. Billing of the Customer by the Company will begin on the Service
Commencement Date, which is the day on which the Company notifies the
Customer that the service or facility is available for use, except that the
Service Commencement Date may be postponed by mutual agreement of
the parties, or if the service or facility does not conform to standards set
forth in this Price List or the Service Order. Billing accrues through and
includes the day that the service, circuit, arrangement or component is
discontinued.
E. If any portion of the payment is received by the Company after the date due,
or if any portion of the payment is received by the Company in funds which
are not immediately available upon presentment, then a late payment
penalty shall be due to the Company. The late payment penalty shall be the
portion of the payment not received by the date due, multiplied by a late
factor. The late factor shall be the lesser of:
1. a rate of 1.5 percent per month; or
2. the highest interest rate that may be applied under state law for
commercial transactions.
F. The Customer will be assessed a charge of Twenty-Five Dollars ($25.00)
for each check submitted by the Customer to the Company that a financial
institution refuses to honor. Civil penalties may also be imposed for
nonpayment.
G. If service is disconnected by the Company in accordance with Section 4.6.4
following and later reinstalled, service will be subject to all applicable
installation charges, except in the case of disconnection pursuant to Section
4.6.4.C.2. If service is suspended by the Company and later restored,
service will be subject to all applicable restoration charges.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 23
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.3 Billing Disputes
A. General
All bills are presumed accurate, and shall be binding on the Customer
unless notice of the disputed charge(s) is received by the Company. For
the purposes of this section, "notice'' is defined as verbal or written notice
to the Company, containing sufficient documentation to investigate the
dispute, including the account number under which the bill has been
rendered, the date of the bill, and the specific items on the bill being
disputed. When a Customer disputes a bill, the Company shall not
discontinue service for nonpayment as long as the Customer (1) pays the
undisputed portion of the bill; (2) pays all future bills by the due date and
(3) enters into discussions with the Company to settle the dispute.
B. Late Payment Charge
1. The undisputed portions of the bill must be paid by the payment
due date to avoid assessment of a late payment charge on the
undisputed amount as provided in this Price List.
2. In the event that a billing dispute is resolved by the Company in
favor of the Customer, any disputed amount withheld pending
resolution of the billing dispute shall not be subject to the late
payment charge. No late payment shall be charged on any disputed
bill paid within fourteen (14) days of resolution of the dispute if the
complaint was filed before the bill became past due.
3. In the event that a billing dispute is resolved in favor of the
Company, the Customer shall pay the late payment charge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 24
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.3 Billing Disputes (Cont’d)
C. Adjustments or Refunds to the Customer
1. In the event that the Company resolves the billing dispute in favor
of a Customer who has withheld payment of the disputed amount
pending resolution of the disputed bill, the Company will credit the
Customer's account for the disputed amount in the billing period
following the resolution of the dispute.
2. In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill,
the Company will credit the Customer's account for any
overpayment by the Customer in the billing period following the
resolution of the dispute.
3. In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill
but canceled the service, the Company will issue a refund of any
overpayment by the Customer.
4. All adjustments or refunds provided by the Company to the
Customer at the Customer's request, or provided by the Company to
the Customer by way of compromise of a billing dispute, and
which are accepted by the Customer, are final and constitute full
satisfaction, settlement, and/or compromise of all of the Customer's
claims for the billing period for which the adjustment or refund was
issued.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 25
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.3 Billing Disputes (Cont’d)
D. Unresolved Billing Disputes and Customer Complaints
1. Customers may register any inquiry or complaint at:
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
Phone: (800) 599-1000
Web: www.norlight.com
2. Customers unable to resolve a dispute with the Company submit
any inquiry or complaint to the:
Idaho Public Utilities Commission
P.O. Box 83720
472 W Washington
Boise ID 83702-0074
Telephone: 208-334-0300
Web: www.puc.idaho.gov/
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 26
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.4 Discontinuance of Service for Cause
A. The company may discontinue service to a customer without notice
under the following conditions:
1. in the event of tampering with the company’s equipment;
2. 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; or
3. in the event of a customer’s use of equipment in such a manner
as to adversely affect the company’s equipment or the
company’s service to others.
B. The company may discontinue service to a customer under the following
conditions after giving customer five (5) days’ (excluding Sundays and
legal holidays) notice:
1. for failure of the customer to pay a bill for service when due;
2. for failure of the customer to meet the company’s deposit and
credit requirements;
3. for failure of the customer to make proper application for
service;
4. for customer’s violation of any of the company’s rules on file
with the Commission;
5. for failure of the customer to provide the company reasonable
access to its equipment and property;
6. for customer’s breach of the contract for service between the
company and the customer;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 27
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.4 Discontinuance of Service for Cause (Cont’d)
B. (Cont’d)
7. for failure of the customer to furnish such service, equipment,
and/or rights-of-way necessary to serve said customer as shall
have been specified by the utility as a condition of obtaining
service; or
8. when necessary for the utility to comply with any order or
request of any governmental authority having jurisdiction.
C. Service will not be disconnected on any Friday, Saturday, Sunday or
legal holiday, or at any time when the company’s business offices are not
open to the public, except where an emergency exists.
4.6.5 Notice to Company for Cancellation of Service
Customers desiring to terminate service shall provide Company thirty (30) days
written notice of desire to terminate service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 28
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.6 Payment Arrangements (Cont’d)
4.6.6 Customer Overpayment
The Company will pay interest on a Customer overpayment. Customer
overpayment shall mean a payment to the Company in excess of the correct charges
for service when caused by erroneous billing by the Company. The rate of interest
shall be the unadjusted interest rate paid on Customer deposits or the late payment
penalty rate, whichever is greater. Interest shall be paid from the date when the
Customer overpayment was made, adjusted for any changes in the deposit interest
rate or late payment penalty rate, and compounded monthly, until the date when the
overpayment is refunded. No interest shall be paid on Customer overpayments that
are refunded within thirty (30) days after such overpayment is received by the
Company.
4.6.7 Cancellation of Application for Service
A. The Customer may cancel an application for service prior to installation of
the equipment provided that the Customer immediately pay the Company
any out of pocket expenses incurred by the Company plus a cancellation fee
of two times the applicable monthly recurring service charge.
B. Out of pocket expenses include but are not limited to 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.
4.7 Back Billing
Company shall be entitled to revise bills previously rendered to adjust for previously
rendered unbilled service, or adjust upward a bill previously rendered in accordance with the
Commission.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 29
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.8 Allowances for Interruptions in Service
4.8.1 General
A. 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.g., the Customer is unable to transmit or receive, because of
a failure of a component furnished by the Company under this Price List.
B. 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.
C. If the Customer reports a service, facility or circuit to be interrupted but
declines to release it for testing and repair, 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.
4.8.2 Limitations of Allowances
No credit allowance will be made for any interruption in service:
A. Due to the negligence of or noncompliance with the provisions of this Price
List by any person or entity other than the Company, including, but not
limited to, the Customer or other common carriers connected to the service
of the Company;
B. Due to the failure of power, equipment, systems, connections or services not
provided by the Company;
C. Due to circumstances or causes beyond the control of the Company;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 30
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.8 Allowances for Interruptions in Service (Cont’d)
4.8.2 Limitations of Allowances (Cont’d)
D. 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;
E. During any period in which the Customer continues to use the service on an
impaired basis;
F. During any period when the Customer has released service to the Company
for maintenance purposes or for implementation of a Customer order for a
change in service arrangements;
G. That occurs or continues due to the Customer's failure to authorize
replacement of any element of special construction;
H. That was not reported to the Company within thirty (30) days of the date
that service was affected; and
I. That occurs during the course of routine maintenance, testing and/or
adjustment of the Network or facilities related to the provisions of service.
4.8.3 Use of Another Means of Communications
If the Customer elects to use another means of communications during the period of
interruption, the Customer must pay the charges for the alternative service used.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 31
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.8 Allowances for Interruptions in Service (Cont’d)
4.8.4 Application of Credits for Interruptions in Service
A. 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.
B. For calculating credit allowances, every month is considered to have thirty
(30) days.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 32
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.8 Allowances for Interruptions in Service (Cont’d)
4.8.4 Application of Credits for Interruptions in Service (Cont’d)
C. No credit allowance will be given for an interruption of eight (8) hours or
less in the case of a Catastrophic Interruption, or of three (3) hours or less in
the case of a Non-Catastrophic Interruption. Customer shall be credited for
an interruption in excess of eight (8) hours or three (3) hours, as the case
may be, at the rate of 1/1440 of the monthly charges applicable to
Customer’s service which is subject to the interruption for each half hour or
major fraction thereof that an interruption continues, such interruption to be
measured from (i) the time of notice by Customer to Company that an
interruption has occurred to (ii) the time of restoration. No more than thirty
(30) days credit will be allowed for any one-month period.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 33
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.8 Allowances for Interruptions in Service (Cont’d)
4.8.5 Cancellation For Service Interruption
Cancellation or termination for service interruption is permitted only if any circuit
experiences a single continuous outage of eight 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.
4.8.6 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, Customer
agrees to pay to Company termination liability charges, which are defined below.
These charges shall become due and owing as of the effective date of the
cancellation or termination and be payable within the period set forth in this Price
List.
4.8.7 Termination Liability
Customer's termination liability for cancellation of service shall be equal to:
1. all unpaid Non-Recurring charges reasonably expended by Company to
establish service to Customer, plus;
2. any disconnection, early cancellation or termination charges reasonably
incurred and paid to third parties by Company on behalf of Customer, plus;
3. all Recurring Charges specified in the applicable Service Order for the
balance of the then current term discounted at the prime rate announced in
the Wall Street Journal on the third business day following the date of
cancellation;
4. minus a reasonable allowance for costs avoided by the Company as a direct
result of Customer's cancellation.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 34
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.9 Customer Liability for Unauthorized Use of the Network
4.9.1 Unauthorized Use of the Network A. Unauthorized use of the Network occurs when: (1) 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 Price List; or (2) a
person or entity that otherwise has actual, apparent, or implied authority to
use the Network, makes fraudulent use of the Network to obtain the
Company's services provided under this Price List, or uses specific services
that are not authorized.
B. The following activities constitute fraudulent use:
1. Using the Network to transmit a message, locate a person, or
otherwise give or obtain information, without payment for the
service;
2. Using or attempting to use the Network with the intent to avoid
payment, either in whole or part, of any of the Company's Price
Listed charges by either rearranging, tampering with, or making
connections not authorized by this Price List to any service
components used to furnish the Company's services or using
fraudulent means or devices, tricks, schemes, false or invalid
numbers, false credit devices or electronic devices;
3. Using fraudulent means or devices, tricks, schemes, false or invalid
numbers, false credit devices or electronic devices to defraud or
mislead callers.
C. Customers are advised that use of telecommunications equipment and
services, including that provided under this Price List, carries a risk of
various forms of telecommunications fraud (including, but not limited to,
toll and PBX fraud perpetrated by Users who gain access to a Customer's
facilities, account numbers, security or authorization codes, etc.). Customers
should take all necessary steps to restrict access to their facilities, including
the equipment and services provided hereunder, and to detect and prevent
unauthorized use of the equipment and services provided by the Company
under this Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 35
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 4 - CONDITIONS (Cont’d)
4.9 Customer Liability for Unauthorized Use of the Network (Cont’d)
4.9.2 Liability for Unauthorized Use
A. Except as provided for elsewhere in this Price List, the Customer is
responsible for payment of all charges for services provided under this Price
List furnished to the Customer or User. This responsibility is not changed
due to any use, misuse, or abuse of the Customer's service or Customer-
provided equipment by Users or other third parties, the Customer's
employees, or the public.
B. The Customer is liable for all costs incurred as a result of unauthorized use
of the Network, including service charges and any direct, indirect, special,
incidental, reliance, consequential, exemplary or punitive charges.
C. The Customer is responsible for payment of any charges related to the
suspension and/or termination of service, and any charges for reconnection
of service, incurred as a result of unauthorized use of the Network.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 36
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 5 - SERVICE DESCRIPTIONS
5.1 General
The Company offers direct dialed (1+) resold long distance service to its Customers under
the terms of this Price List. Rates for these services vary by product.
5.2 Standard Business Service
Standard Business Service is available to business customers for outbound calling between
any two intrastate locations within Idaho. Calls are billed in six (6) second increments after
minimum call duration of eighteen (18) seconds. Rates are not time-of-day sensitive or
mileage sensitive.
Rates are based on the Customer’s estimated monthly billing. Should the Customer not meet
the monthly estimated usage for an extended period of time, the Company and the Customer
will determine whether the Customer has subscribed to the plan most suitable to their
calling pattern. In any case, the Customer will not be billed the minimum usage should
the estimated monthly billing not be met.
5.3 Standard Residential Service
Standard Residential Service is available to residential customers for calling between any
two intrastate locations within Idaho. Calls are billed in one (1) minute increments after
minimum call duration of one (1) minute. Rates are not mileage or time-of-day sensitive.
Rates are based on the Customer’s estimated monthly billing. Should the Customer not
meet the monthly estimated usage for an extended period of time, the Company and the
Customer will determine whether the Customer has subscribed to the plan most suitable
to their calling patter. In any case, the Customer will not be billed the minimum usage
should the estimated monthly billing not be met.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 37
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 5 - SERVICE DESCRIPTIONS (Cont’d)
5.4 Contract Rates - Special Pricing Arrangements - ICB
5.4.1 In lieu of the rates, terms, and conditions set forth in this Price List, rates and
charges, including minimum usage, installation, special construction and recurring
charges for Company’s services may be established at negotiated rates on an ICB,
taking into account the nature of the facilities and services, the costs of construction
and operation, the volume of traffic, the length of service commitment by the
Customer, and use of facilities by other Customers. Such arrangements shall be
considered Special Pricing Arrangements, the terms of which will be set forth in
individual Customer contracts. Unless otherwise specified in the individual
Customer contract, the terms, conditions, obligations, and conditions set forth in this
Price List shall be incorporated into, and become a part of, said contract, and shall
be binding on Company and Customer. In the event of a conflict between the terms
and conditions of this Price List and an individual Customer contract, the terms and
conditions from the individual Customer contract shall apply. Specialized rates or
charges will be made available to similarly situated customers on a non-
discriminatory basis.
5.4.2 In addition to any rate or charge established by the Company, the Customer will also
be responsible for any recurring or non-recurring charges imposed by local
exchange telephone companies incurred by or on behalf of the Customer in
establishing and maintaining service. Such charges may be billed by the Company
or directly by the local exchange company, at the Company’s option.
5.5 Taxes
5.5.1 Sales, Use, and Excise Taxes
In addition to all recurring, non-recurring, usage or special charges, Customer shall
also be responsible for and shall pay all applicable federal, state and local sales, use
and excise taxes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 38
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 5 - SERVICE DESCRIPTIONS (Cont’d)
5.6 Temporary Promotional Programs
The Company may establish temporary promotional programs wherein it may waive or
reduce recurring or non-recurring charges, to introduce a present or potential Customer to a
service not previously subscribed to by the Customer. Such promotional service offerings
will be filed with the Commission for approval, subject to the requirements of applicable
law.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho
Norlight, Inc. Idaho Price List No. 1
Original Page 39
Issued: January 12, 2009 Effective: January 30, 2009
Issued By: John P. Cinelli, President
Norlight, Inc.
3701 Communications Way
Evansville, IN 47715
SECTION 6 - RATES AND CHARGES
6.1 Rates and Charges
Each Customer is charged individually for each call placed through the Company. Charges are
computed on a per minute basis.
6.6.1 Standard Business Rates
Monthly Estimated Billing Rate Per Minute
Less than $250.00 $0.115
$250.01 - $500.00 $0.109
$500.01 - $750.00 $0.105
$750.01 - $1,000.00 $0.099
$1,000.01 - $1,500.00 $0.095
$1,500.01 - $1,750.00 $0.089
$1,750.01 - $2,000.00 $0.085
$2,000.00 - $2,250.00 $0.079
$2,250.01 - $2,500.00 $0.075
$2,500.01 - $2,750.00 $0.069
$2,750.01 - $3,000.00 $0.065
Greater than $3,000.01 $0.059
6.6.2 Standard Residential Rates
Monthly Estimated Billing Rate Per Minute
Less than $10.00 $0.129
$10.01 - $15.00 $0.125
$15.01 - $20.00 $0.119
$20.01 - $25.00 $0.109
$25.01 - $30.00 $0.099
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 30, 2009
Boise, Idaho