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HomeMy WebLinkAboutNow Communications Inc - CLEC.pdfNOW Communications, Inc.Local Exchange Services Tariff No. Original Page 1 Schedule of Rates, Rules and Regulations Governing Local Exchange Service Provided in the State of Idaho OFFERED BY NOW Communications, Inc. Corporate Office 2000 Newpoint Place, N., Suite 900 Lawrenceville, GA 30043-5578 (888) 565-1011 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 2 (C) (D) (I) (M) (N) (R) (T) (Y) (Z) SYMBOLS Whenever tariff sheets are revised, changes will be identified by the following symbols: To signify changes regulation. To signify deleted or discontinued rate, regulation or condition. To signify a change resulting in an increase to a customer s bill. To signify material moved from or to another part of tariff with no change in text, rate rule or condition. To signify new rate, regulation, condition or sheet. To signify a change resulting in a reduction to a customer s bill. To signify change in text but no change in rate, rule or condition. To signify a reference to other published tariffs. To signify a correction. Idaho P~blic Utilities Commission OffIce 2f the SecretaryACCEPTED FOR FiLING JAN 21 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 3 TABLE OF CONTENTS TITLEPAGE................................................................SYMBOLS........................................................................., TABLEOFCONTENTS...... ....... ........ ..... .......... ................ ..., ....... TARIFFFORMATSHEET.............................................................INTRODUCTION.................................................................... TECHNICAL TERMS AND ABBREVIATIONS ............................... RULESANDREGULATIONS..............................................1 UndertakingoftheCompany.......................................,....2 ResponsibilityandUse.................................................3 Transmission......................................................... Reserved ............................................................ Interconnection . ....................................................,. 6 Equipment........................................................... Title ............................................................... Customer Premises .................................................... 9 Non-Routine Maintenance and Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Interruption.......................................................... 11ServiceCommencementandAcceptance................................... 12 Minimum Service Period "13ServiceOrderCancellation.............................................. 14BillingandPayments .................................................. 15 Customer Cancellation of Service........................................ 16Deposits.........................................."17Taxes...............................................................18Discontinuation....................................................... 19 Restoration of Services.............................. ................... 20 Limitation of Liability ................................................. 21 Disclaimer .......................................................... 22Indemnification....................................................... idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 u. -"""""" R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 4 23 IndemnificationbyCustomer....................................,2.24 CreditsandCreditAllowances....................................25 LocaICallingArea............................................,.26 AccesstoTelephoneRelayService.................................27 Compliance...................................................28 ForceMajeure.................................................29 FullForceandEffect............................................30 Cooperation...................................................31 GovemingLaw................................................32 Assignment...................................................2.33 OperatorServices.............................................. DESCRIPTION OF SERVICES .............................................. ResoldLocaIExchangeService................................... Directory Listing Services ....................................... 911 Emergency Service " RATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RetumCheckCharge...........................................ReconnectionFee..............................................Promotions...................................................4.4 RatesforLocaIExchangeServices................................Lifeline.....................................................DirectoryAssistance........................................... RatesforHearingandSpeechImpaired............................ Idaho Public Utilitie ComOff 1:mISSIon ACe ,C~ or tne Secretary .. EPl ED FOR FILING JAN - 2003 ~..._._-.. Boise, idaho ~sued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 5 TARIFF FORMAT SHEET A. Page Numbering:.Page numbers appear in the upper right comer of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added, the page appears as a decimal. For example, a new page added between pages 34 and 35 would be 34. B. Page Revisions Numbers.Revision numbers also appear in the upper-right comer of the page. These numbers are used to determine the most current page version on file with the Idaho Public Utilities Commission. For example, the 4th revised Page 34 cancels the 3rd revised Page 34. Because of deferrals, notice periods etc., the most current page number on file with the Commission is not always the tariff page in effect. Subscriber should consult the check page for the page currently in effect. C. Paragraph Numbering Sequence. subservient to its next higher level of coding. There are nine levels of paragraph coding. Each level of coding is 1.1. 2. 1. LA. 2. 1. LA. 1. 2. 1. LA. 1. (a) A.l.(a). A.l.(a).I.(i) A.l.(a).I.(i)(I) idaho P~blic Utilities Commission OffIce of the SecretaryEPTED FOR FILING JAN 2 - 2003 Boise, idaho .. "" ... Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 6 INTRODUCTION This tariff (Tariff) contains the regulations and rates applicable to the furnishing in Intrastate common carrier telecommunication local exchange services by NOW Communications, Inc. (hereinafter sometime referred to as "NOW" or "the Company ) between various locations of the State of Idaho. Service is provided, where facilities permit, in each operating area in which the Incumbent Local Exchange Carriers ("ILECs ) e.Qwest and Verizon are authorized to provide service. Idaho P~blic Utilities CommissionOHlce of the Secretary ACCEPTED FOR FILING JAN 2 ,- 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 7 TECHNICAL TERMS AND ABBREVIATIONS Certain terms used throughout this Tariff are defined below. Access Code Access Code" means a sequence of numbers that, when dialed, connects a Customer to the Carrier associated with that sequence. Authorized User Authorized User" means a person, firm, company, corporation, or other entity who is authorized by the Customer to take Service under this Tariff. Automatic Number Identification (ANI) Automatic Number Identification" or "ANI" refers to the calling telephone number identification which will be forwarded to the Carrier s network by the Local Exchange Company ("LEe") as a call is placed. Feature Group D interconnections are used to gain access to a Carrier s switched telecommunications service. Carrier Carrier" means a communications common carrier authorized by the Commission or the FCC to provide communications service to the public. Commission Commission" means the Idaho Public Utilities Commission. Credit(s) Credit(s)" has the meaning set forth in Section 2.24 hereof. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 8 Technical Terms and Abbreviations (cont.) Credit Allowances Credit Allowances" has the meaning set forth in Section 2.24 hereof. Customer Customer" means the person, firm, company, corporation, or other entity who, pursuant to a Service Order orders Service(s) under this Tariff. Customer shall include both residential and business customers. Customer Information Bulletin Customer Information Bulletin" means that information described subsequently in this tariff and mailed or delivered to the Customer after receipt of the Service Order. FCC FCC" means the Federal Communications Commission. Governmental Authority Governmental Authority" means any judicial, administrative, or other federal, state or municipal governmental authority (including without limitation the Commission and the FCC) having jurisdiction over the Company or the provision of Services hereunder. Holidays Holidays" means all Company-specified holidays: New Year s Day (January 1), Independence Day (July 4), Labor Day, Thanksgiving Day and Christmas Day (December 25). Interruption Interruption" means the disruption of, or removal of a circuit from, Service such that the Service becomes unusable by subscriber for a continuous period of thirty (30) minutes or more. Idaho P~blic Utilities Commission Office of the SecretaryACCEPTED FOR FILING JAN 2 - 2003 Boise, idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 9 Technical Terms and Abbreviations (cont.) Local Exchange Carrier ("LEC" LEe" means any person that is engaged in the provision of local exchange service or exchange access service. However, such term does not include any person insofar as such person is engaged in the provision of commercial mobile radio service. Local Access and Transport Area ("LATA" Local Access and Transport Area " (" LATA") means a geographical area established by the u.S. District Court for the District of Columbia in Civil Action No. 82-0192, within which an LEC provides communications service. Minimum Service Period Minimum Service Period" (or "MSP") means the initial minimum period of time during which Customer takes Services under this Tariff, which is 30 days. Other Providers Other Providers" means any carriers or other service providers, whose services or facilities are connected to the Services. Performance Failure Performance Failure" means any disruption, degradation, or failure of Service, including without limitation any Interruption (but excluding Scheduled Interruptions), any installation failure or delay, or any mistake delay, omission, error or other defect in the Service or in the provision thereof. I~aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING , , JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 10 Technical Terms and Abbreviations (cont. Prepaid Residential Telecommunications Service ("Prepaid Service Prepaid Residential Telecommunications Service " (" Prepaid Service is basic local exchange telecommunications services, including local calling ("dialtone ), for which the Company will not perform consumer credit checking or application screening. Under Prepaid Service the Company will not require a deposit from the customer. This term shall also have the meaning set for in Section 3.1 hereof. Processing Fee Processing Fee" (also "Sign Up Fee" or "Connection Fee ) means a fee charged by the Company at the time service is ordered to process the customer s Service Order and connect service. Regulation( s) Regulation(s)" means any and alllaw(s), rule(s), regulation(s), (including without limitation those set forth in this Tariff), order(s), policy or policies, ruling(s), judgment(s), decree(s) or other determination(s) which are made by the Commission or any other Governmental Authority or which arise under any federal, state or local statute, utility code, or ordinance, and which are applicable to the Services or to any provision of this Tariff. Resale Tariff(s) Resale Tariff(s)" means the tariff(s) of one or more Underlying Carriers, which are filed with the Commission. Scheduled Interruption Scheduled Interruption" means an Interruption which has been scheduled by the Company in advance for maintenance, testing, or other administrative purposes. Service( s) Service(s)" means the Company s regulated, communications common carrier service(s) provided under this Tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 11 Technical Terms and Abbreviations (cont.) Service Commencement Date Service Commencement Date" means either (i) the first day following the date on which the Company notifies the Customer that the requested Service is available for use, (ii) in the event Customer lawfully refuses to accept such Service, the date of Customer s acceptance of such Service, or (iii) another, mutually agreed upon date. Service Order Service Order" means (i) an agreement between the Company and Customer, or (ii) a Company designated form used from time to time by Customer for purposes of ordering Services hereunder. Subscriber Subscriber" means a person, firm, company, corporation, or other entity who is authorized by the Customer to use Service under this Tariff. TDD TDD" means a Telecommunications Device for the Deaf. Termination (Terminate) Termination" (or "Terminate ) means discontinuance of (to discontinue) Services, either at Customer request, or by the Company in accordance with Regulations. Third Party Billing Companies Third Party billing Companies" means, collectively, and clearinghouse, LEC', or Other Providers, credit card companies or other third parties who bill Customers for Services on the Company s behalf. Underlying Carriere Underlying Carrier(s)" means the LEC(s) or other Carrier(s) whose services are resold by the Company pursuant to this Tariff. Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING JAN 2 ,~ 2003 Boise, Idaho , - - - - ., -". .. Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 12 RULES AND REGULATIONS The Company is a provider of regulated local exchange services. The Services described in Section 3 of this Tariff are provided to Customers by the Company pursuant to one or more applicable resale and interconnection agreements or Resale Tariffs which are on file with, and have been approved by, the Commission. Undertaking of the Company 1.1 Obligation to Provide Service. The Company shall exercise its best efforts to provide Services to Subscribers pursuant to the terms and conditions ofthis Tariff. The Company shall exercise reasonable efforts to make such Services available for Subscribers' use on either the installation date set for in a Service Order (or, if not date is specified) as soon as practicable after execution of a Service Order, subject to Customer s compliance with Regulations. In addition to the Service Order. Customer shall also execute such other documents as the Company may reasonably require. In the event of a conflict or inconsistency between (i) the terms of a Service Order (or of any other document executed by the Customer) and (ii) those of this Tariff, the latter shall govern. The Service Order becomes a contract upon the establishment of service or provision of any ordered facilities. 1.2Conditions to Company s Obligations. The obligations of the Company to provide Services are subject to the following: (i) availability, procurement, construction, and maintenance of facilities required to meet the Service Order; (ii) the provision of Services to the Company for Resale by the Underlying Carrier; (iii) interconnection to Other Providers' services or facilities as required; and (iv) any applicable Credit Limit. 1.3Right to Block Services in the Event of Fraud.The Company reserves the right to block Services to any Subscriber location without any liability whatsoever, in the event that the Company detects or reasonably suspects fraudulent or unlawful use of the Services at said location. Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 13 Responsibility and Use 2.1Services may be used by Customer or Subscriber for any lawful purpose, twenty-four (24) hours per day, seven (7) days per week, subject to the terms and conditions set forth herein and in any applicable Service Order. Customer is solely responsible for (i) prevention of unauthorized, unlawful or ftaudulent, use of or access to Services, which use or access is expressly prohibited. 2.2The Customer has no property right in the telephone number or any other call number designation associated with the Company s Services. The Company may change such numbers, or the central office cod designation associated with such numbers, or both, assigned to the Customer, whenever the Company, in its sole discretion, deems it necessary to do so in the conduct of it business. Transmission The Services are suitable for the transmission of voice, data, or other communications only to the limited extent set forth in the Resale Tariff(s). 2.4 (RESERVED) Interconnection 5.1 Services or facilities furnished by the Company may be connected with services or facilities of Other Providers subject to any technical limitations set forth in said Other Providers' tariffs (if any); provided, however, Service furnished by the Company is not part of a joint undertaking with any Other Provider. 5.2Interconnection with the facilities or services of Other Providers is subject to (i) the availability of said Other Providers' facilities; and (ii) the applicable terms and conditions of the Other Providers' tariffs (if any). Customer shall be solely responsible for satisfying alllegal requirements for interconnecting Customer-provided terminal equipment or communications systems with Other Providers' facilities, including, without limitation application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of the Company and Other Providers must be provided at the Customer s sole expense. Equipment The Company s facilities or Services may be used with or terminated to Customer Premises Equipment ("CPE"), such as a private branch exchange, key system or pay telephone. CPE is the sole responsibility of the Customer and the Company has no responsibility whatsoever for the installation, operation, and maintenance of such CPE. The Customer is solely responsible for all costs of installing, maintaining or repairing CPE, including without limitation personnel charges, wiring costs, and costs associated with routing of electrical power, incurred in the attachment to and use ofthe Company s facilities or Services. 6.2The Customer is responsible for ensuring that all attached CPE conforms to the Federal Communications Commission s registration requirements set forth in Part 68 of the Code of Federal Regulation (as amended), and the Company may discontinue the provision of Services to any location where CPE fails to conform to such Regulations. Issued: Dec. 2, 2002 Effective:Janr-tffih&~~IiC Utilities Commission OffIce of the Secretary CCEPTED FOR FILING JAN 2 - 2003 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 Q,.,j"", l...1_ NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 14 6.3The Customer will be responsible for payment of service charges at the Company s standard hourly rates in effect from time to time for visits by Company personnel to the Customer premises in response to any Service difficulty or trouble report determined to be caused, in whole or in part, by the use of any CPE, Services, facilities, or other equipment which is not provided by the Company. Title Title to any and all equipment or facilities provided by Company under this Tariff will remain in the Company. 8 Customer Premises Customer shall provide, without cost to Company, all equipment, space, conduit, and electric power required to terminate the Services at the Subscriber s premises. The Customer shall arrange for the Company, or other Carriers as required, to have access to the Subscriber s premises at all reasonable times for purposes of Service installation, Termination, inspection and repair. Customer shall be solely responsible for any damage to or loss of Company equipment while in the premises of Subscriber unless such damage is caused by the negligence or willful misconduct of the Company, its employees subcontractors or agents. 9 Non-Routine Maintenance and Installation At the Customer s request, the Company may perform installation or maintenance on weekends or times other than during normal business hours: provided, however, Customer may be assessed reasonable additional charges based on the Company s actually incurred labor, material or other costs for such non- routine installation or maintenance. 10 Interruption The Company, without incurring any liability whatsoever, may make Scheduled Interruptions at any time (i) to ensure compliance by the Customer or Subscriber with Regulation (including without limitation the provisions ofthis Tariff), (ii) to ensure proper installation and operation of the Customer and the Company s equipment and facilities, (iii) to prevent fraudulent use of or access to the Services or (iv) to perform any other maintenance, testing or inspection reasonably required for the provision of Services hereunder. 11 Service Commencement and Acceptance Billing for Services will commence as of the Service Commencement Date. The Company shall notify the Customer when Services ordered pursuant to an accepted Service Order are ready for use. 12 Minimum Service Period The initial Minimum Service Period ("MSP") will be for the term specified in the applicable Service Order, which term must be no less than thirty (30) days. Except as otherwise provided in the Service Order, (i) this MSP will automatically renew for subsequent terms of equal duration, and (ii) either the Company or the Customer may elect not to renew any MSP upon written or oral notice to the other. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING JAN 2 - 2003 Issued: Dec. 2, 2002 Boise, Idaho Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 15 13 Service Order Cancellation and Refund of Processing Fee and MSP Recurring Charges If a Customer cancels the Service Order, the Processing Fee (described later in this Tariff) and the recurring charges for the MSP are subject to refund at any time before Service is commenced pursuant to the Customer s Service Order. The Preceding notwithstanding, the Processing Fee and the recurring charges for the MSP shall be refundable to the Customer upon cancellation if cancellation is requested within 10 business days after mailing or delivery of the Customer Information Bulletin described in this Tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FfLING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002. R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 16 14. 14 Billing and Payments 14. 14.3 14.4 14. 14. 14. Except as otherwise limited by Regulation, Customer shall be responsible for payment of all charges, whether authorized or not, for any and all use of or access to Services provided to Subscribers, including without limitation any unauthorized, unlawful or fraudulent use or access. All amounts stated on each monthly bill are due and payable as set out in Paragraph 14.4 Customers may pay for service by credit card, money order, or cash at a Company authorized Agent location. Payments for service mailed to the Company must be in the form of a Money Order or Certified Check. Credit card payments are accepted by the Company by telephone. Payment for reconnection of service as provided in this Tariff may be made in any reasonable manner. Charges for Prepaid Service will be mailed to Customer on a monthly (30 days) basis, in advance, on or about the 22nd day of each month for the following month's service, and shall be due 10 days thereafter. The Company issues bills on a monthly basis, received by the Customer on or about the same day each month. The Company will not alter the billing cycle unless affected customers are sent a bill insert or other written notice explaining the alteration not less than 30 days prior to the effective date of the alteration. Such notification is not required with a Customer requests a number or billing change or when the Customer disconnects and reconnects service or transfers service from one premises to another. The Company allows customers at least 10 days to pay bill charges. The Company may, depending upon the service plan, set forth the following on residential bills: A. the number of access lines for which charges are stated;B. the beginning or ending dates of the billing period;C. the date the bill becomes delinquent if not paid on time;D. the unpaid balance (if any);E. the amount for basic service and an itemization for the amount due for toll service, if applicable, including the date and duration of each toll call;F. an itemization of the amount due for taxes, franchise fees, 911 surcharges (if applicable), Lifeline Support (if applicable), and other surcharges as may be necessary and appropriate;G. the total amount due; andH. the Company s name and a toll-free telephone number where inquires may be made. Customer Cancellation of Service If the customer cancels service after ten days passes from connection, the prepaid service charges, plus associated taxes, shall be pro-rated for the actual number to days during which service has been provided with the non-used portion being refunded to the customer after the first month of service. Idaho Public Utilities CommissionOffice of the Secretary ACCEPTED FOri FiLING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 17 Deposits The Company does not require a deposit for prepaid local exchange services. Taxes The Customer is responsible for payment of any and all municipal taxes or surcharges, including without limitation franchise fees, excise taxes, sales taxes, or municipal utilities taxes. Taxes and surcharges for Prepaid Service will be billed by the Company on Customer s invoice and are in addition to any rates set forth in this Tariff. Discontinuation 18.Service may be discontinued in compliance with Commission regulations for any of the following reasons: 18.A nonpayment of an undisputed delinquent charge; 18.1.B unauthorized use of telephone utility equipment in a manner which creates an unsafe condition or creates the possibility of damage or destruction to such equipment; 18.C failure to substantially comply with terms of a settlement agreement; 18.D refusal after reasonable notice to permit inspection, maintenance or replacement of telephone utility equipment; 18.material misrepresentation of identity in obtaining telephone utility service; 18.1F as approved by federal or state law. 18.Service may not be discontinued by the Company for customer s failure to pay charges not subject to the Commission s jurisdiction, unless specifically authorized in this tariff. 18.3 Residential service may be discontinued during normal business hours on or after the date specified in the invoice. Service shall not be discontinued on a day when the offices of the Company are not available to facilitate reconnection of service or on a day immediately preceding such day. 18.4 Customers shall have at least 10 days from the rendition of a bill to pay the charges stated. Restoration of Services The customer s telephone service is subject to suspension and disconnection for any of the reasons listed in Section 2.20.1. If the customer does not resolve the reason for suspension or disconnection, the customer service will first be suspended. If service is suspended, the customer s telephone number is reserved for 5 days, and if the customer is reconnected within that time, the customer will be charged a reconnection fee as set out in Section 4.2. If the reason for suspension has not been resolved within the 5 day period of suspension, the customer s service will be disconnected. If service is disconnected, a new telephone number will be assigned and the customer will be again required to pay the applicable Connection Fee. Prior to any reconnection the customer must pay any unpaid charges that are undisputed. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Issued: Dec. 2, 2002 Effective: Jan. 2, 20~ise, Idaho R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 18 20. 20 Limitation of Liability 20. 2.20.3 20.4 20. 2.20. Except as caused by it willful misconduct or negligence, the Company s liability with respect to any action, claim, judgment, damages, demand, liability or expense (including without limitation reasonable attorney s fees) (i) brought or incurred by Customer, by any Subscriber, or by any other party in connection with the installation, provision preemption, termination, maintenance, repair or restoration of Service (including without limitation 911 Service and Directory Listing Service) or (ii) arising from any Performance Failure, will in no even exceed an amount equal to the Service charges incurred by Customer for the month during which the Service was affected. Such amount will be in addition to any amounts that may otherwise be due Customer as Credits or Credit Allowance pursuant to the provisions of Section 2.26 hereof. To the extent permitted by an applicable Regulation, the Company s liability for negligence will also be limited to the amount described in Section hereof. In no event will the Company be liable for loss of profits (even if the Company has been advised of the possibility of such loss) or for any indirect, incidental, special consequential, exemplary or punitive damages whatsoever arising, directly or indirectly, from or in connection with the provision of Services (including 911 Service and Directory Listing Service) hereunder. Except as caused by willful misconduct or negligence, the Company will not be liable for defacement of or damages to Subscribers' premises or for any personal injury or death arising, directly or indirectly, from the furnishing of Searches (including 911 Service and Directory Listing Service), including without limitation the installation or removal of any facilities, equipment or wiring associated therewith. Customer is solely responsible for connecting any and all apparatus, equipment and associated wiring on Subscribers premises to the Services, and no other Carrier or third party engaged in such activity is to be deemed to be an agent or employee of the company. Any action or claim against the Company arising from any of its alleged acts or omission in connection with this Tariff will be deemed waived if not brought or made in writing within sixty (60) days from the date that the alleged act or omission occurred. The included tariff language does not constitute a determination by the Commission that a limitation 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 Comm15510nI Ice of the SecretaryCCEPTED FOR FILING JAN - 2003 Boise, idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 19 21 Disclaimer The Company will have no liability whatsoever to Customer, its employees, agents subcontractors, or assignees, or to any other person for (i) damages arising our of any Underlying Carriers' or Other Providers ' Performance Failure, (ii) any act or omission of any third party furnishing equipment, facilities or service to any Subscriber in connection with this Tariff or with the Services, or (iii) any other act or omission of any Other Provider, Subscriber or third party related to the use or provision of Services hereunder. THE COMPANY DISCLAIMS ALL REPRESENT A TIONS AND WARRANTIES, EXPRESS OR IMPLIED, INDCLUDING WIT OUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR OR CONNECTION WITH THE USE OR PROVISION OF SERVICES PROVIDED HEREUNDER. 22 Indemnification Subject to the limitations of liability set forth in Section 2.22 hereof, the Company and the Customer shall defend, indemnify, and hold each other harmless from and against any and all actions, claims judgments, damages, demands, liabilities, and expenses, including without limitation reasonable attorney s fees, resulting from injury to or death of any person (including injury to or death of their employees) or from the loss of or damage to tangible real or tangible personal property or to the environment, to the extent that such injury, death, loss or damage was proximately caused by any negligent act or omission on the part of the party from whom indemnity is sought, its agents employees, subcontractors or assignees, in connection with use of the Services. The indemnifying party under this Section 2.24 shall defend the other at the others request against any such action liability, claim or demand. The party seeking indemnification under this Section 2.24 must notify the other promptly of written claims or demands for which the indemnifying party is responsible hereunder. The Company and the Customer, as the case may be, shall cooperate fully with the other in the course of such indemnification, and the indemnifying party shall control such defense and the right to litigate, settle, appeal (provided it pays the cost of any required appeal bond), compromise or otherwise deal with any such claim or resulting judgment, provided that such settlement, compromise or other resolution of said claim does not result in liability to the indemnified party. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 20 2.23 Indemnification by Customer Customer shall defend, indemnify and hold the Company (together with its officers, directors employees, and agents) harmless from any and all actions, claims, judgments, damages, demands liabilities, and expenses, including without limitation reasonable attorney s fees, arising from or in connection with: 23.libel or slander resulting from Subscriber s use of the Services; 23.any loss damage, or destruction of any property or any personal injury (including death) not due to the Company s negligence or willful misconduct and caused, directly or indirectly, from the installation, operation, or other use (or failure to use) of the Services or any Company supplied facilities (i) in combination with the service or equipment supplied by the Subscriber or any third party, or (ii) in an explosive or otherwise hazardous environment; 23.3 infringement of any patent, copyright, trademark, trade name, service mark or trade secret arising from: (i) the transmission of any material transmitted (a) by and Subscriber or (b) by any other person using the Services provided to any Subscriber, Subscriber location or Authorization Code; or (ii) from the combination of Subscriber s use of Services with CPE or with other Subscriber-provided facilities or services; and 23.4 except as otherwise provided by applicable Regulation, any unauthorized, unlawful, or fraudulent use of or access to the Services provided to Subscribers. Idaho i .t~~lic Ytilities Commissionuff'"e 01 the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 21 24. 2.24 Credits and Credit Allowances 24. 24. Credit ("Credit(s)") to the Customer s fixed charges, if any, for Interruptions (other than Scheduled Interruptions) which (i) exceed in the aggregate twenty-four (24) hours per month, or 16 hours in the case of an emergency, and (ii) are not due to the negligence or willful misconduct of the Subscriber, its employees, subcontractors, agents, or assignees will be applied to Customer s account with the Company. The credit will consist of a full month's fixed charges for the affected service. An Interruption is measured from the time the Company detects, or the Customer notifies the Company of, its occurrence until such time as the Interruption is cured. Each Interruption is to be considered separately for the purposes of this calculation and is being rounded to the nearest hour. Reserved. Except as otherwise set forth herein, Customer s sole and exclusive remedy for any and all Performance Failures which consist of or give rise to Interruptions are Credits or Credit Allowances to the extent available under this Section 2.24; for any other Performance Failures or in the event Credits or Credit Allowances are unavailable (due to the facts, for example, that the Customer does not incur any fixed month charges), Customer s sole and exclusive remedy in lieu of said Credits or Credit Allowances will be an immediate right to Terminate Services prior to the expiration of the Minimum Service Period. Idaho oP~blic Utilities Commission AC "'\ - fflce of the SecretaryCEPTED FOR FILING JAN 2 ,- 2003 Boise, idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 22 25 Local Calling Area The Company will provide Services from all exchanges of its Underlying Carrieres), in conformance with that Underlying Carrier s existing local exchange boundary maps as approved by the Commission. 26 Access to Telephone Relay Service Where required by the Commission, the Company will participate in telephone relay services for handicapped or hearing impaired Customers, and will comply with all regulations and requirement related thereto. 27 Compliance The Company and Customer shall (and Customer shall cause Subscriber to) comply with all applicable Regulations. 28 Force Maieure The Company is excused from any Performance Failure due to causes beyond its reasonable control including but not limited to acts of God, fire, floods, other catastrophes, insurrections, national emergencies, wars, strikes, work stoppages or other labor disputes, unavailability of rights-of-way, disconnection or unavailability (through not fault of the Company) of any Underlying Carriers facilities or services, or any Regulation or other directive, action or request of any Governmental Authority. 29 Full Force and Effect Should any provision or portion of this Tariff be held by a court or administrative agency of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provision of this Tariff will remain in full force and effect. 2.30 Cooperation Customer shall cooperate with the Company to the extent necessary for the Company to discharge its obligations hereunder and as reasonably requested by the Company. 2.31 Governing Law This Tariff is to be governed by and construed in accordance with the rules and orders of the Commission and the law of the State of Idaho. 2.32 Assignment 32.By Customer.The Customer may not transfer or assign its rights or obligations associated with any Service Order without the Company s prior written consent. The Company will permit a Customer to transfer its Service to another party only upon payment of all Charges due through the date of transfer. Such a transfer will be treated as a discontinuation, followed by an installation of new Services, subject to any applicable installation or other non-recurring Charges. 2.32.By Company. The Company may, in accordance with Regulations, assign its rights or delegate its obligations under this Tariff to any affiliate or successor in interest. 2.33 Operator Services R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING Jan. 2, 20(tA N 2 - 2003 The Company provides access to operator services. Issued: Dec. 2, 2002 Effective: Boise, Idaho NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 23 DESCRIPTION OF SERVICES Local Exchange Service Local exchange service is provided by the Company through resale of local exchange access and local exchange service provided by an Underlying Carrieres). The Company s Services consist of (i) Prepaid Service, (ii) Optional Service Features, (iii) Directory Listing Service, and (iv) 911 Service. Prepaid Service is a prepaid, switched, intrastate, telecommunications service which permits Customers to establish communications between two locations within the State of Idaho. Prepaid Service is Available only within Local Calling Area as described in Section 2.25. 1.1.A Prepaid Service provides a Customer with a single, voice-grad communications channel including a telephone number and a Director Listing. The Company s Prepaid Service permits a Customer to: (i) place calls within the Local Calling Area; (ii) access 911 Service if available in the Customer s Local Calling Area; (iii) place call to toll-free "800" or "888" telephone numbers. The Company s Prepaid Service does not permit a Customer to originate call to direct dial (1 +) or (0+) toll services; to caller-paid information services (e. 900" , " 976"); or (0-) access or services. Calls to telephone numbers used for toll services and caller-paid information services will be blocked by the Company. 1.1.B Standard Features. Each Prepaid Service Customer is provided with only local exchange servIce. 1.1.C Optional Features Prepaid Service Customers may select from the following optional features: (i) Call Waiting, (ii) Call Forwarding, (iii) Call Return, (iv) Caller ID, (v) Three Way Calling, (vi) Speed Dial, (vii) Unpublished Number, and (viii) Voice Mail. 1.1.D Rates and Charges. The Company will charge a Prepaid Service Customer applicable Non- Recurring Charges, monthly Recurring Charges, and Usage Charges as specified in Section 4.4. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 24 Resold Local Exchange Service (cont.) 1.2. Optional Service Features 1.2. 1.2. 1.2. 1.2. 1.2. 1.2. Call Waiting. A tone signals the Subscriber to indicate that another call is waiting. The Subscriber can answer the second call by flashing the switchhook or by hanging up the phone. Call Forwarding. The Subscriber may direct incoming calls to the Customer telephone number to be routed to a Subscriber-defined telephone number. Three Way Calling. The Subscriber may sequentially call up to tow other Customers' telephone numbers and add the call together making a three way call. Unpublished Number.The Customer may refuse a listing of its name, street address, and telephone number in the telephone directory published by the dominant exchange service provider in the Customer s exchange area. Speed Dial.The Subscriber may call pre-selected, pre-programmed telephone numbers by dialing a one or two-digit code. Call Return The Subscriber may return the last call to the Customer telephone number by dialing a one or two-digit code. Caller ID. This feature enables the customer to view on a display unit the Calling Party Directory Name and/or Number (CPN) on incoming telephone calls. When Caller ID is activated on a customer s line, the CPN of incoming calls is displayed on the called CPE during the first long silent interval of the ringing cycle. Per line blocking for the blocking of CPN will be available upon request, at no charge. The CPN will not be transmitted from a line equipped with this capability. Per line blocking is operational on a continuous basis but can de deactivated by the customer by dialing an access code immediately prior to placing a call. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 25 Resold Exchange Service (cont.) 1.1 Optional Service Features 1.2.Caller ID.(cont.) Line blocking customers can unblock their CPN information on a per call basis at no charge, by dialing an access code (#82 on their Touch Tone pad or 1182 from a rotary phone) immediately prior to placing a call. A customer may prevent the delivery of their calling name and/or number to the called party by dialing an access code (#67 on the Touch Tone pad or 1167 from a rotary phone) immediately prior to place a call. The access code will activate per call blocking, which is available at no charge. If the calling party activates blocking, the CPN will not be transmitted across the line to the called party. Instead, Calling Line Identification customers will receive an anonymous indicator. This anonymous indicator notifies the Call ID customer that the calling party has elected to block the delivery of their name and telephone number. The blocking of CPN will not be provided on calls originating from Customer Owned Pay Telephone Service. If the Caller ID customer also subscribe to Anonymous Call Rejection, the calling party will be routed to a telephone company recording advising the caller that the called party will not accept calls whose CPN has been blocked. Any customer subscribing to Caller ID will be responsible for the provision of a display device which will be located on the customer s premises. The installation, repair, and technical capability of that equipment to function in conjunction with the feature specified herein will be the responsibility of the customer. The Company assumes no liability and will be held harmless for any incompatibility of this equipment to perform satisfactorily with the network features described herein. Telephone CPN information transmitted via Caller ID is intended solely for the use of the Caller ID subscriber. Resale of this information is prohibited by this Tariff. CPN will not be displayed if the called party is off-hook or if the called party answers during the first ring interval. CPN will be displayed for calls made from another central office only if it is linked by appropriate facilities. Caller ID is not available on operator handled calls. 1.2.Voice Mail Service which allows voice mail/answering machine functions with remote operation ability. Idaho P~blic Utilities CommissionOfflce"Ef the, Secretary ACCEPTt:D FOR FILING JAN 2 - 2003 Boise, Idaho ~sued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 26 3.2 Directory Listing Service 2.1The Company will provide Customer a single directory listing consisting of the Customer name, Customer s street address, and Customer s telephone number which is designated as the Customers' main billing number, in the telephone directory published by the dominant exchange service provider in the Customer s exchange areas. 2.2The Company may limit the length of any listing in the directory by the use of abbreviations when, in its sole discretion, the clearness of the listing or the identification of the Customer is not impaired thereby. 2.3The Company may, in its sole discretion, refuse a listing (i) that does not constitute Customer s legally authorized or adopted name, (ii) that contains obscenities in the name, (iii) that is likely to mislead or deceive calling persons as to the identity of the listed party, (iv) that is a contrived name used for advertising purposes or used to secure a preferential position in the directory, or (v) that is more elaborate than reasonably necessary to identify the listed party. The Company will notify Customer prior to withdrawing any listing which is found to be in violation of this subpart. 2.4In order for listings to appear in a directory, a Customer must furnish the listing to the Company in time to meet the directory publishing schedule. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 27 3.3 911 Emergency Service ("911 Service 3.3. 1 The Company is obligated to supply the E-911 service provider in the Company s service area (the E-911 service provider) with information necessary to update the E-911 database at the time the Company submits customer orders to the local exchange company whose service is being resold pursuant to these tariffs. 3.3.2At the time the Company provides local basic service to a customer by means of the Company s own cable pair, or over any other exclusively owned facility, the Company will be obligated to make the necessary equipment or facility additions in the 911 service provider equipment in order to properly update the database for 911. 3.3.3The Company will be obligated to provide facilities to route calls from the end users to the proper PSAP. The Company recognizes the authority of the E-911 customer to establish service specifications and grant final approval or denial of service configurations offered by the Company. 3.3.4The Company will collect 911 surcharges and remit all surcharge revenue to the appropriate governmental entity. 5The Company undertakes no responsibility to inspect or to monitor 911 Service facilities to discover errors, defects, or malfunction in 911 Service. 6By dialing 911, the 911 Service calling party waives all privacy right afforded by non-listed and non-published Service to the extent that the Customer s telephone number, name, address associated with the originating station location are furnished to the Public Safety Answering Point. Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOF? FiLING JAN - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective:Jiln. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 28 RA TES Return Check Charge The Customer will be charged twenty dollars ($20.00) or the applicable statutory return check charge (if any), whichever is greater, whenever is greater a check or draft presented for payment of Service is dishonored by the institution upon which it is drawn. Reconnection Fee customer will be charged a fee of $20.00 for reconnection after suspension of service. If the Customer is reconnected after disconnection of service the Customer shall be assigned a new telephone number and shall pay the applicable Connection Fee prior to reconnection. Prior to any reconnection allowed under this Tariff the customer must pay any unpaid charges that are undisputed. 4.3 Promotions The Company may from time to time engage in special promotional service offerings designed to attract new customers or to promote existing services. Such promotional service offerings shall be subject to specific dates, time (not to exceed one year), and/or locations, and shall be subject to prior notification to the Commission. Idaho Public Utilities Commission Office of the Secretary ACC PTED FOR FILING JAN - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 29 4.4 Rates for Resold Local Exchange Services 4.4.Non-Recurring Charges Directory Listing Basic Connection Fee Super Service Connection Fee No Charge $69.99* $79.99** Account Transfer to New Address Change Existing Phone Number $69.00* $22. *Includes first month of service. ** Includes first month of local service, and all optional features listed below except voice mail and unpublished number. 4.4.Recurring Charges Basic Prepaid Service Super Prepaid Service Directory Listing $49. $59. both plans include 911 charges and all applicable state and federal fees and taxes No Charge *Includes all optional features listed below except voice mail and unpublished number. 4.4.1.C Optional Features 4.4.c.l Non-Recurring Charges Custom Feature Set Up Fee $20. 4.4.c.2 Recurring Charges Call Waiting Call Forwarding Three Way Calling Unpublished Number Speed Dial Call Return Caller ID Voice Mail $5. $5. $5. $5. $5. $5. $10. $10. Optional features non-recurring charges are waived if customer orders at initiation of new servIce. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 2 - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. Vice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903 NOW Communications, Inc.Local Exchange Services Tariff No. Original Page 30 Lifeline Services Lifeline" is a federal program that provides for a discount of the recurring monthly rate for the provision of basic local residential exchange service for certain low income customers. Applicants are eligible if they receive assistance from at least one of the following programs: Old Age Pension, Aid to the Blind, Aid to the Needy Disabled or are low income disabled persons who qualify to receive supplemental security income under the Federal Social Security Act, as amended. The discount is available only to the qualifying customer s principle residence line. A qualifying customer shall receive a reduction to their monthly tariffed residential local exchange access line rate and federal subscriber line charge of up to $10.50. Directory Assistance The Company provides access to directory assistance. Rates for Hearing or Speech Impaired For properly certified hearing or speech impaired Subscribers who communicate via a TDD, the Company will issue upon request a credit for certain intrastate toll charges for calls made between TDDs. The credit will appear on the Customer s subsequent bill and will be equal to applying the Evening Rate during business day hours and Night/Weekend rate during the Evening rate period. Subscribers using TDDs with the assistance of the relay center will receive a credit equal to fifty percent (50%) of the rate for the applicable rate period. If either the Subscriber or the called party indicates that either party is both hearing and visually impaired, the call shall be discounted by twenty-five percent (25%) of the applicable rate. Such credit does not apply to surcharges on per call add-on charges for operator services when the call is placed by a method that would normally incur the surcharge. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN - 2003 Boise, Idaho Issued: Dec. 2, 2002 Effective: Jan. 2, 2002 R. Scott Seab, Esq. V ice President - Regulatory Affairs 711 S. Tejon St., Suite 201 Colorado Springs, CO 80903