20090306Revised Proposed Tariff.pdf

NT-A -7 - c6 -CJ /F~ EI
2009 MAR -6 PH 2: 24
NET TALK.COM, INC.
TARRIF FILINGS
NET TALK.COM, INC
Idaho CLEC Application
22.
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
1 (888) 6380012
Idaho Price List NO.1
Original Page 1
Issued: 2/27/09 Effective:
NET TALK.COM, INC.
TELECOMMUNICATIONS PRICE LIST
IDAHO PUBLIC UTILITIES COMMISSION
This Price List contains the rates, terms and conditions applicable to the fuishing of
interexchange telecommunications services provided by NET T ALK.COM, INC., within
the State ofIdaho.
Registered Agent in Idaho:
Incorp Services, Inc.
921 S.Orchard St. G
Boise, ID 83705
NET TALK~COM, INC.Idaho Tariff No. 1
Preface
Orginal Page 1
LOCAL EXCHANGE SERVICES TARIFF
TABLE OF CONTENTS
Page
PREFACE
Table of Contents ................................................................................... 1
Check Sheet.................................................... ......................... 2
Explanation of Symbols ......................................................................... 4
Application of Tariff .............................................................................. 5
SECTION 1 - DEFINITIONS
SECTION 2 - RULES AND REGULATIONS
SECTION 3 - SERVICE AREAS
SECTION 4 - SERVICE CHARGES AND SURCHARGES
SECTION 5 - LOCAL EXCHANGE SERVICE
SECTION 6 SUPPLEMENTAL SERVICES
Issued:Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Preface
Original Page 2
LOCAL EXCHANGE SERVICES TARIFF
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised
pages as named below contain all changes from the original rate sheet that are in effect on the date shown on
each page.
SECTION PAGE REVISION SECTION PAGE REVISION
Title Original *2 19 Original *
Preface 1 Original *2 20 Original *
Preface 2 Original *2 21 Original *
Preface 3 Original *2 22 Original *
Preface 4 Original *2 23 Original *
Preface 5 Original *2 24 Original *
1 Original *2 25 Original *
1 2 Original *2 26 Original *
1 3 Original *2 27 Original *
1 4 Original *2 28 Original *
1 5 Original *2 29 Original *
2 1 Original *2 30 Original *
2 Original *2 31 Original *
2 3 Original *2 32 Original *
2 4 Original *2 33 Original *
2 5 Original *2 34 Original *
2 6 Original *2 35 Original *
2 7 Original *2 36 Original *
2 8 Original *2 37 Original *
2 9 Original *3 1 Original *
2 10 Original *4 1 Original *
2 11 Original *4 2 Original *
2 12 Original *4 3 Original *
2 13 Original *4 Original *
2 14 Original *4 5 Original *
2 15 Original *4 6 Original *
2 16 Original *
2 17 Original *
2 18 Original *
* - indicates those pages included with this filing
Issued: 2/27/09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.
LOCAL EXCHANGE SERVICES TARIFF
CHECK SHEET, CONT'D.
SECTION PAGE REVISION SECTION PAGE
5 1 Original *
5 2 Original *
6 1 Original *
6 2 Original *
6 3 Original *
6 4 Original *
6 5 Original *
6 Original *
6 7 Original *
6 8 Original *
6 9 Original *
6 10 Original *
* - indicates those pages included with this filing
Idaho Tariff No. 1
Preface
Original Page 3
REVISION
Issued: 2/27709 Effective: .
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Preface
Original Page 4
LOCAL EXCHANGE SERVICES TARIF
EXPLANATION OF SYMOLS
When changes are made in any tariff sheet, a revised sheet wil be issued canceling the taff sheet afected.
Changes wil be identified on the revised sheet(s) through the use of the following symbols:
(C) To signify changed rate, regulation or condition.
(D) To signify discontinued rate, regulation or condition.
(I) To signify increase.
(N) To signify new material, including a listing, rate, regulation, rule or condition.
(R) To signify reduction.
(T) To signify a change in the word of text, but no change in the rate, rule or condition.
(M) Moved from another tariff location.
Issued: Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tarff No. 1
Preface
Original Page 5
LOCAL EXCHANGE SERVICES TARFF
APPLICATION OF TARF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate
end-user local exchange communications services by NET T ALKCOM, INC., hereinafter referred to as
the Company, to Customers within the state ofIdaho. Net Talk's services are furnished subject to the availabilty
of facilities and subject to the terms and conditions set forth herein.
This tariff is on fie with the Idaho Public Utilties Commission. In addition, this tariff is available for review
at the main offce of NET TALKCOM, INC. at 1100 NW 163rd Dr., N. Miami, Florida
33169 and can be contacted at 1 [phone].
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 1
Original Page 1
LOCAL EXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINTIONS
For the purpose of this tariff, the following definitions wil apply:
Access Line - An arrangement from a local exchange telephone company or other common carier, using
either dedicated or switched access, which connects a Customer's location to Carier's location or switching
center.
Advance Payment - Part or all of a payment required before the start of service.
Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable
Carrier to identify the origin of service of the Customer so it may rate and bil the call. All authorization codes
shall be the sole propert of Carrier and no Customer shall have any propert or other right or interest in the
use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in
connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service
of the Customer.
Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone
company which automatically identifies the local exchange line from which a call originates.
Commission - The Idaho Public Utilties Commission.
Issued: 2/27/09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 1
Original Page 2
LOCAL EXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINTIONS, CONT'D.
Common Carrier - An authorized company or entity providing telecommunications services to the public
Company - NET T ALKCOM, INC., the issuer of this tariff.
Customer - The person, firm or corporation that orders service and is responsible for the payment of charges
and compliance with the terms and conditions ofthis tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the
Company's services.
Customer Terminal Equipment - Terminal equipment provided by the Customer.
End Offce - The LEC switching system office or serving wire center where Customer station loops are
terminated for purposes of interconnection to each other and/or to trunks.
End-User Premises - A location designated by the Customer for the puroses of connecting to the
Company's services.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls
dialed by the Customer are automatically routed to the Company's network. Presubscribed Customers may
also route interexchange calls to the Company's network by dialing an access code supplied by the Company.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 1
Original Page 3
LOCAL EXCHAGE SERVICES TARIF
SECTION 1.0 - DEFINTIONS, CONT'D.
Exchange Telephone Company or Telephone Company - Denotes any individual, partership, association,
joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in
providing public switched communication service throughout an exchange area, and between exchange areas
within the LATA.
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interrption
shall not include, and no allowance shall be given for service diffculties such as slow dial tone, circuits busy
or other network and/or switching capability shortges. Nor shall Interrption include the failure of any
service or facilties provided by a common carier or other entity other than the Carier. Any Interrption
allowance provided within this Tariff by Carrier shall not apply where service is interrpted by the negligence
or wilful act of the Customer, or where the Carier, pursuant to the terms of this Tariff, terminates service
because of non-payment of bils, unlawful or improper use of the Carrier's facilities or service, or any other
reason covered by this Tariff or by applicable law.
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 Carier Association, Inc. Tariff F.C.C.
No.4, or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also
served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services, facilties and equipment,
which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
Issued: 272//09 Enecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 1
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINTIONS, CONT'D.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is
used in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided local
exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local
telephone lines are pre subscribed by the Company to the Company's outbound service such that" 1 + 1 O-digit
number" calls are automatically routed to the Company's or an IXC's network. Calls to stations within the
Customer's LATA may be placed by dialing "1OXXX" or "101XXXX" with 1 + 10-digitnumber."
Station - The network control signaling unit and any other equipment provided at the Customer's premises
which enables the Customer to establish communications connections and to effect communications through
such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications
service from Net Talk. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage
the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of
the Company.
NECA - National Exchange Carriers Association.
Non-Recurring Charge (ANRQ~) - The initial charge, usually assessed on a one-time basis, to initiate and
establish service.
PIN - Personal Identification Number. See Authorization Code.
Point of Presence (APOP(f) - Point of Presence
Issued: 2727709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tarff No. 1
Section 1
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINTIONS, CONT'D.
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the
agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written or verbal request for Company services by the Customer and the Company in the
format devised by the Company. A Service Order initiates the respective obligations of the paries as set forth
therein and pursuant to this tariff.
Switched Access OriginationlTermination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LED-provided business or residential access line. The cost of switched Feature Group access is biled to the
interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Net Talk - NET TALKCOM, INC., issuer of this tariff.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 1
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS
2~1 Undertaking of the Company
2.1.1 Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission originating from
points within the State of Idaho, and terminating within a local callng area as defined herein.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity that
purchases access to the Company network in order to originate or terminate its own services,
or to communicate with its own Customers.
2.1.2 Shortage of Equipment or Facilties
A.The Company reserves the right to limit or to allocate the use of existing facilities,
or of additional facilities offered by the Company, when necessar because of lack
of facilties, or due to some other cause beyond the Company's control.
B.The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of the
Company's facilities as well as facilities the Company may obtain from other
carriers to furnish service from time to time as required at the sole discretion of the
Company.
Issued: 2/27/09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 2
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Contd.
2.1.3 Terms and Conditions
A. Service is provided on the basis of a minimum period of at least thirt (30) days, 24-
hours per day. For the purpose of computing charges in this tariff, a month is
considered to have thirt (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 tariff. Customers wil
also be required to execute any other documents as may be reasonably requested by
the Company.
C. Except as otherwise stated in the tariff, at the expiration of the initial term specified
in each Service Order, or in any extension thereof, service shall continue on a month
to month basis at the then current rates unless terminated by either part upon
notice. Any termination shall not relieve the Customer of its obligation to pay any
charges incurred under the service order and this tariff prior to termination. The
rights and obligations which by their nature extend beyond the termination of the
term of the service order shall survive such termination.
D. Service may be terminated upon written notice to the Customer if:
.1 the Customer is using the service in violation of this tariff; or
.2 the Customer is using the service in violation of the law.
E.This tariff shall be interpreted and governed by the laws of the State of Idaho
without regard for its choice of laws provision.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT=D.
2.1 Undertaking of the Company, Contd.
2.1.3 Terms and Conditions, Contd.
F.
H.
Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, moneta or otherwise, or
purchase any services in order to have the right to obtain service directly from the
Company.
G.To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilties
needed by the other to reach a person or entity, the par exercising such control
shall make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At the
reasonable request of either par, the Company and the Other Telephone Company
shall jointly attempt to obtain from the owner of the propert access for the other
part to serve a person or entity.
The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts mayor may not be associated with volume
and/or term discounts. All service packages established by the Company wil be
fied with the Commission prior to the furnishing of service.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tarff No. 1
Section 2
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Contd.
2.1.4 Limitations on Liabilty
A.Except as otherwise stated in this section, the liabilty of the Company for damages
arising out of either: (1) the furnishing of its services, including but not limited to
mistakes, omissions, interrptions, delays, or errors, or other defects,
representations, or use ofthese 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 interrptions in service as set forth in Section 2.7.
B.Except for the extension of allowances to the Customer for interrptions in service
as set forth in Section 2.7, the Company shall not be liable to a Customer or third
part for any direct, indirect, special, incidental, reliance, consequential, exemplar
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, interrption, 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 biling that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount erroneously biled
or, in the event that payment has been made and service has been discontinued, to a
refund of the amount erroneously biled.
Issued: 272 7709 Eftective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Contd.
2.1.4 Limitations on Liabilty, Contd.
D. The Company shall be indemnified and saved harless by the Customer from and
against all loss, liabilty, damage and expense, including reasonable counsel fees,
due to:
.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
facilties provided by the Company; or (c) common carers or
warehousemen, except as contracted by the Company;
.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; stres, lockouts, work
stoppages or other labor diffculties; criminal actions taken against the
Company; unavailability, failure or malfunction of equipment or facilties
provided by the Customer or third paries; 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 material transmitted by
means of Company-provided facilties or services; or by means of the
combination of Company-provided facilities or services;
.5 Breach in the privacy or security of communications transmitted over the
Company's facilties;
Issued: 272 7709 Enecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 6
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking ofthe Company, Contd.
2.1.4 Limitations on Liabilty, Contd.
D. Contd.
.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, facilties
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 liabilty is limited as set forth
above in Section 2.1.1.A.
.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 propert 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 constrction, installation, maintenance,
presence, use or removal of the Customer's facilities or equipment
connected, or to be connected to the Company's facilties;
.9 Any noncompletion of calls due to network busy conditions;
.10 Any calls not actually attempted to be completed during any period that
service is unavailable;
.11 And any other claim resulting from any act or omission of the Customer or
patron(s) ofthe Customer relating to the use of the Company's services or
facilities.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 7
LOCAL EXCHANGE SERVICES TARF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Contd.
2.1.4 Limitations on Liabilty, Contd.
E.
F.
H.
The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere.
The Company makes no warranties or representations, EXPRESS OR IMPLIED,
either in fact or by operation of law, statutory or otherwise, including waranties of
merchantabilty or fitness for a particular use, except those expressly set forth
herein.
G.Failure by the Company to assert its rights pursuant to one provision ofthis taiff
does not preclude the Company from asserting its rights under other provisions.
Directory Errors - In the absence of gross negligence or wilful misconduct, no
liabilty for damages arising from errors or mistaes in or omissions of directory
listings, or errors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attch to the
Company. An allowance for errors or mistakes in or omissions of published
directory listings or for errors or mistakes in or omissions of listing obtainable from
the directory assistance operator shall be at the monthly tariff rate for each listing, or
in the case of a free or no-charge directory listing, credit shall equal two times the
monthly tariff rate for an additional listing, for the life of the directory or the charge
period during which the error, mistake or omission occurs.
Issued: 272'7709 Effecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 8
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking ofthe Company, Contd.
2.1.4 Limitations on Liabilty, Contd.
I. With respect to Emergency Number 911 Servce:
.1 This service is offered solely as an aid in handling assistace calls in
connection with fire, police and other emergencies. The company is not
responsible for any losses, claims, demands, suits or any liabilty
whatsoever, whether suffered, made instituted or asserted by the Customer
or by any other par or person for any personal injury or death of any
person or persons, and for any loss, damage or destrction of any propert,
whether owned by the Customer or others, caused or claimed to have been
caused by: (I) mistakes, omissions, interrptions, delays, errors or other
defects in the provision of service, or (2) installation, operation, failure to
operate, maintenance, removal, presence, condition, local or use of any
equipment and facilities furnishing this service.
.2 Neither is the Company responsible for any infringement, nor invasion of
the right of privacy of any person or persons, caused or claimed to have
been caused directly or indirectly, by the installation, operation, failure to
operate, maintenance, removal, presence, condition, occasion or use of
emergency 9 i i service features and the equipment associated therewith, or
by any services furnished by the Company, including, but not limited to the
identification of the telephone number, address or name associated with the
telephone used by the par or paries accessing emergency 911 service, and
which arise out of the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or agents
of anyone of them.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 9
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking ofthe Company, Contd.
2.1.4 Limitations on Liabilty, Contd.
I. With respect to Emergency Number 911 Servce, Contd.
.3 When a Customer with a nonpublished telephone number, as defined herein,
places a call to the emergency 911 service, the Company wil release the
name and address of the calling part, where such information can be
determined, to the appropriate local governmental authority responsible for
emergency 911 service upon request of such governmental authority. By
subscribing to service under this taiff, the Customer acknowledges and
agrees with the release of information as described above,
J. 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 cour of
law. Acceptace 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 responsibilty to determine the validity ofthe exculpatory clause.
2.1.5 Notification of Service-Affecting Activities
The Company wil provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include, but
are not limited to, equipment or facilities additions, removals or rearangements and routine
preventative maintenance. Generally, such activities are not specific to an individual
Customer but affect many Customers' services. No specific advance notification period is
applicable to all service activities. The Company wil work cooperatively with the Customer
to determine the reasonable notification requirements. With some emergency or unplanned
service-affecting conditions, such as an outage resulting from cable damage, notification to
the Customer may not be possible.
Issued:
2/27/09
Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 10
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking ofthe Company, Contd.
2.1.6 Provision of Equipment and Facilties
A. The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the Company.
B. The Company may substitute, change or rearrange any equipment or facilty at any
time and from time to time, but shall not thereby alter the technical parameters of the
service provided the Customer.
C. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
D. Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constrcted,
maintained and operated as to work satisfactorily with the facilties of the Company.
E. The Company shall not be responsible for the installation, operation, or maintenance
of any Customer provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibilty of the
Company shall be limited to the furnishing of facilities offered under this taiff and
to the maintenance and operation of such facilties. Subject to this responsibilty, the
Company shall not be responsible for:
.1 the through transmission of signals by Customer provided equipment or for
the quality of, or defects in, such transmission; or
.2 the reception of signals by Customer-provided equipment; or
.3 network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.
Issued: 272 7709 Enecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 11
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Contd.
2.1.7 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in hazardous locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company wil
apply. If installation is started during regular business hours, but, at the Customer's request,
extends beyond regular business hours into time periods including, but not limited to,
weekends, holidays, and/or night hours, additional charges may apply.
2.1.8 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this tariff,
special constrction of facilities may be underten on a reasonable efforts basis at the
request of the Customer. Special construction is constrction undertaken:
A.where facilities are not presently available, and there is no otherrequirement 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 utilze in the
furnishing of its services;
D.in a quantity greater than that which the Company would normally constrct;
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 constrction.
Issued: 272//09 Effecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 12
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.1 Undertaking ofthe Company, Contd.
2.1.9 Ownership of Facilties
Title to all facilities provided in accordance with this tariff remains in the Company, its
parters, agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use as
to which the Customer has not obtained all required governental approvals, authorizations,
licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's offerings
for resale and/or for shared use to fie a letter with the Company confirming that their use of
the Company's offerings complies with relevant laws and the Public Utilties Commission of
Idaho's regulations, policies, orders, and decisions.
2.2.3 The Company may block any signals being transmitted over its Network by Customers
which cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall
indemnify the Company for any claim, judgment or liabilty resulting from such blockage.
2.2.4 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 wil permit a Customer to transfer its existing service to another entity if the
existing Customer has paid all charges owed to the Company for regulated communications
services. Such a transfer wil be treated as a disconnection of existing service and installation
of new service, and non-recurring installation charges as stated in this tariff wil apply.
Issued: Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 13
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.3 Obligations of the Customer
2.3.1 General
The Customer shall be responsible for:
A.the payment of all applicable charges pursuant to this tariff;
B.damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or wilful misconduct of the employees or agents of the
Company;
C.providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company facilties and equipment installed
on the premises of the Customer, and the level of heating and air conditioning
necessar to maintain the proper operating environment on such premises;
D.obtaining, maintaining, and otherwise having full responsibilty for al rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
used to provide Communications Services to the Customer from the cable building
entrance or propert line to the location of the equipment space described above in
Section 2.3 .1.C. Any and all costs associated with the obtaining and maintaining the
rights-of-way described herein, including the costs of altering the structue to permit
installation of the Company provided facilities, shall be borne entirely by, or may be
charged by the Company, to the Customer. The Company may require the Customer
to demonstrate its compliance with this section prior to accepting an order for
service.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 14
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
2.3.1 General, Cont'd.
E.providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees and
agents shall be installng or maintaining the Company's facilties and equipment.
The Customer may be required to install and maintain Company facilties and
equipment within a hazardous area if, in the Company's opinion, injury or damage to
the Company employees or propert might result from installation or maintenance
by the Company. The Customer shall be responsible for identifying, monitoring,
removing and disposing of any hazardous material (e.g., friable asbestos) prior to
any constrction or installation work;
F.complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilties and equipment in any Customer premises or the rights-of-way
for which Customer is responsible under Section 2.3 .1.0; and granting or obtaining
permission for Company agents or employees to enter the premises ofthe Customer
at any time for the purose of installng, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilties or equipment of the
Company;
G.not creating or allowing to be placed any liens or other encumbrances on the
Company's equipment or facilities; and
H.making Company facilties and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
wil be made for the period during which service is interrpted for such purposes.
Issued: 2/2'7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 15
LOCAL EXCHAGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
2.3.2 Liabilty of the Customer
A. The Customer wil 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 offcers, employees, agents, invites, 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 (A), preceding, the Customer shall indeinify, 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, destrction
or damage to propert of any third part, and (2) any liabilty incurred by the
Company to any third par pursuant to this or any other tariff of the Company, or
otherwise, for any interrption of, interference to, or other defect in any service
provided by the Company to such third part.
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 par from or arising in
connection with the furnishing of service under this tariff including but not limited
to mistakes, omissions, interrptions, 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 cau~ed solely by
the negligent or intentional act or omission of the other Customer or user and not by
any act or omission ofthe Company. Nothing in this tarff 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.
DD 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 cour of
law. Acceptance for filing by the Commission recognizes that it is a court's
responsibilty to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause.
Issued: 2/2 7709
Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 16
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels
2.4.1 General
A user may transmit or receive information or signals via the facilities ofthe Company. The
Company's services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form of signal that
is compatible with the Company's equipment, but the Company does not guarantee that its
services wil be suitable for purposes other than voice-grade telephonic communication
except as specifically stated in this tariff.
2.4.2 Station Equipment
A.Terminal equipment on the user's premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the user. The user
is responsible for the provision of wiring or cable to connect its terminal equipment
to the Company MPOP.
B.The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilties is compatible with such equipment
and facilties. The magnitude and character of the voltages and curents impressed
on Company-provided equipment and wiring by the connection, operation, or
maintenance of such equipment and wiring shall be such as not to cause damage to
the Company-provided equipment and wiring or injury to the Company's employees
or to other persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer's expense,
subject to prior Customer approval of the equipment expense.
Issued: 272 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 17
LOCAL EXCHANGE SERVICES TARFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels, Cont'd.
2.4.3 Interconnection of Facilties
A.
D.
Local Traffic Exchange provides the abilty for another local exchange provider to
terminate local traffic on the Company's network. In order to qualify for Loal
Traffc Exchange the call must: (a) be originated by an end user of a company that
is authorized by the Public Utilities Commission ofIdaho to provide local exchange
service; (b) originate and terminate within a local callng area ofthe Company.
B.Any special interface equipment necessary to achieve compatibilty between the
facilities and equipment of the Company used for furnishing Communications
Services and the channels, facilities, or equipment of others shall be provided at the
Customer's expense.
C.Communications Services may be connected to the services or facilties of other
communications carriers only when authorized by, and in accordance with, the terms
and conditions of the tariffs of the other communications cariers which are
applicable to such connections.
Facilties furnished under this tariff may be connected to Customer provided
terminal equipment in accordance with the provisions of this tariff. All such terminal
equipment shall be registered by the Federal Communications Commission pursuat
to Par 68 of Title 47, Code of Federal Regulations; and all user-provided wiring
shall be installed and maintained in compliance with those regulations.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 18
LOCAL EXCHAGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels, Cont'd.
2.4.4 Inspections
A.Upon suitable notification to the Customer, and at a reasonable time, the Company
may make such tests and inspections as may be necessary to determine that the
Customer is complying with the requirements set forth in Section 2.4.2.B of this
tariff for the installation, operation, and maintenance of Customer-provided
facilities, equipment, and wiring in the connection of Customer-provided facilties
and equipment to Company-owned facilities and equipment.
B.If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessar to protect
its facilities, equipment, and personneL. The Company wil notify the Customer
promptly if there is any need for further corrective action. Within ten days of
receiving this notice, the Customer must take this corrective action and notify the
Company of the action taken. If the Customer fails to do this, the Company may
take whatever additional action is deemed necessar, including the suspension of
service, to protect its facilities, equipment and personnel from har.
C.If harm to the Company's network, personnel or services is imminent, the Company
reserves the right to shut down Customer's service immediately, with no prior notice
required.
Issued: 272 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 19
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
(Advanced payment is not required and thus the escrow requirement is being removed)
Issued: 2/2 /109 EUective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 20
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments, Cont'd.
2.5.2 Deposits
The Company does not require deposits from Customers and thus the
escrow requirement is being waived.
Issued: 2/27/09 Effective:
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 21
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.1 Payment for Service
A. General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Customer itself or
are resold to or shared with other persons.
The Customer is responsible for payment of any sales, use, gross receipts, excise,
access or other local, state, federal and 911 taxes, charges or surcharges (however
designated) (excluding taxes on Company's net income) imposed on or based upon
the provision, sale or use of Network Services.
The security of the Customer's PIN is the responsibilty ofthe Customer. All calls
placed using a PIN shall be biled to and shall be the obligation of the Customer.
The Customer shall not be responsible for charges in connection with the
unauthorized use of PINs arising after the Customer notifies the Company of the
loss, theft, or other breach of security of such PINs.
Customers wil only be charged once, on either an interstate or intrastate basis, for
any nonrecurrng or usage based charges.
B. Taxes, Fees and Surcharges
The Company reserves the right to bil any and all applicable taxes, fees and
surcharges in addition to normal rates and charges for services provided to the
Customer, where permitted by law. Taxes and fees include, but are not limited to:
Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho
Telecommunications Service Assistance Program, and Universal Service. Unless
otherwise specified in this tariff, such taxes, fees and surcharges are in addition to
rates as quoted in this tariff and wil be itemized separately on Customer invoices.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 22
LOCAL EXCHAGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Biling and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilties furnished to the Customer by the Company.
A.Nonrecurring charges are due and payable within thir (30) days after the invoice
date, unless otherwise agreed to in advance.
B.The Company shall present invoices for recuring charges monthly to the Customer,
in advance of the month in which service is provided, and Recurng Charges shall
be due and payable within thirt (30) days after the invoice date. When biling is
based on customer usage, charges wil be biled monthly for the preceding biling
periods.
c.The Monthly Recurring Charges are biled in advance. Monthly Recuring Charges
are accrued in full as of the first day of the biling cycle in which the service is
furnished. Therefore, the Monthly Recurring Charges are not subject to pro-rating if
service is disconnected prior to the end of a biling period.
Issued: 212//09 Effecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 23
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Biling and Collection of Charges, Cont'd.
D.Biling of the Customer by the Company wil begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if
the service or facility does not conform to standards set forth in this taff or the
Service Order. Biling accrues through and includes the day that the service, circuit,
arrangement or component is discontinued.
E.If any portion of the payment is not received by the Company, or if any portion of
the payment is received by the Company in funds that are not immediately available,
within twenty (20) days of the mail date on the bil, then a late payment penalty shall
be due the Company. The late payment penalty shall be that portion of the payment
not received by the date due minus any charges biled as local taes multiplied by
1.5%.
F.The Customer wil be assessed a charge of twenty dollars ($25.00) for each check or
other payment type submitted by the Customer to the Company that a ban or other
financial institution refuses to honor.
G.If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service wil be subject to all applicable installation
charges.
Issued: 2/2 1/09 Enecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 24
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.3 Disputed Bils
A.In the event that a biling dispute occurs concerning any charges biled to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bil to avoid discontinuance of service for non-payment.
The Customer must submit a documented claim for the disputed amount. The
Customer wil submit all documentation as may reasonably be required to support
the claim. All claims must be submitted to the Company within a reasonable period
of time after receipt of biling for those services and in accordance with Idaho law.
If the Customer does not submit a claim as stated above, the Customer waives all
rights to fiing a claim thereafter.
B.Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company, then
the Customer may fie a complaint with the Idaho Public Utilities Commission, 472
West Washington, P.O. Box 83720, Boise 1083720-0074; 208-334-0300 or 1-800-
432-0369.
C.If the dispute is resolved in favor of the Customer and the Customer has withheld
the disputed amount, no interest, credits or penalties wil apply.
Issued: 2/2 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 25
LOCAL EXCHAGE SERVICES TARFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.1 Service may be disconnected after seven (7) days written notice for any of the following
reasons:
A. The Customer did not pay undisputed delinquent bils for local exchange services or
paid a delinquent bil for local exchange services with any dishonored check.
B. The Customer failed to make a security deposit or obtain a guarantee when one is
required.
C. The Customer failed to abide by the terms of a payment arangement.
D. The Customer misrepresented the Customer's identity for the purose of obtaining
telephone service.
E. The Company determines as prescribed by relevant state or other applicable
standards that the Customer is wilfully wasting or interfering with service through
improper equipment or otherwise.
F. The Customer is using service(s) for which the Customer did not apply.
2.7.2 At least 24 hours before actual termination, the Company wil attempt to contact the
Customer affected to apprize the Customer of the proposed termination action and steps to
take to avoid or delay termination. Service wil not be terminated in the event that a formal
or informal complaint concerning termination is fied with the Commission.
Issued: Effecnve:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 26
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.3 Service may be disconnected without notice and without incurrng any liabilty for any of the
following reasons:
A.
D.
F.
A condition immediately dangerous or hazardous to life, physical safety or propert
exists, or it is necessary to prevent a violation of federal, state or local safety or
health codes.
B.The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C.In the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company wil discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement ofthis provision.
The Company has tried dilgently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
E.The Customer has misrepresented the Customer's identify for purposes of obtaining
telephone service and has no or an inadequate security deposit on file with the
Company and has an outstading bil exceeding $100.
Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankrptcy or reorganization, or failng to discharge an involunta petition within
the time permitted by law.
G.Upon the Company's discontinuance of service to the Customer under Section 2.7.1
or 2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this taiff, may declare
all future monthly and other charges that would have been payable by the Customer
during the remainder of the term for which such services would have otherwise been
provided to the Customer to be immediately due and payable (discounted to present
value at six percent).
Issued: 2/27/09 Enective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 27
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where the
Company permits a Customer to cancel an application for service prior to the sta of service
or prior to any special construction, no charges wil be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installng
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no
case shall this charge exceed the sum of the charge for the minimum period of services
ordered, including installation charges, and all charges others levy against the Company that
would have been chargeable to the Customer had service commenced (all discounted to
present value at six percent).
2.8.3 Where the Company incurs any expense in connection with special constrction, or where
special arrangements of facilties or equipment have begun, before the Company receives a
cancellation notice, a charge equal to the costs incurred by the Company, less net salvage,
applies. In such cases, the charge wil be based on such elements as the cost of the
equipment, facilities, and material, the cost of installation, engineering, labor, and
supervision, general and administrative expense, other disbursements, depreciation,
maintenance, taxes, provision for return on investment, and any other costs associated with
the special constrction or arrangements.
2.8.4 The special charges described in 2.8. i through 2.8.3 wil be calculated and applied on a case-
by-case basis.
Issued:Enective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 28
LOCAL EXCHAGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.9 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment specifications,
service parameters, premises locations, or otherwise materially modifies any provision of the
application for service, the Customer's installation fee shall be adjusted accordingly.
Issued:Effecnve:
2/27/09
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 29
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service
Interrptions in service that are not due to the negligence of, or noncompliance with the provisions of
this tariff by, the Customer or the operation or malfunction of the facilties, power or equipment
provided by the Customer, wil be credited to the Customer as set forth in 2.6.1 for the par of the
service that the interrption affects.
2.10.1 General
A. Service Outage
A credit allowance wil be given when service is interrpted, except as specified
below. A service is interrpted when it becomes inoperative to the Customer, e.g.,
the Customer is unable to transmit or receive, because of a cross-talk, static or other
transmission problem, the Company wil respond to a Customer's report of such a
"service outage(f in accordance with IDAPA 31.41.01 Rule 503. Customer's bils
wil be appropriately and automatically credited pursuant to the terms of Rule 503.
B. Receipt and Recording of Reports
The Company wil provide for the receipt of Customer trouble reports at all hours
and make a full and prompt investigation of and response to all reports. The
Company wil maintain an accurate record of trouble reports made by its Customers.
This record wil include accurate identification of the Customer or service affected,
the time, date and nature of the report, the action taken to clear the trouble or satisfy
the Customer, and the date and time of trouble clearance or other disposition. This
record wil be available to the Commission or its authorized representatives upon
request at any time within two (2) years of the date of the record.
C. Repair Commitments
Commitments to the Customer for repair service wil be set in accordance with Rule
503. The Company wil make every reasonable attempt to fulfill repair
commitments to its Customers. Customers wil be timely notified of unavoidable
changes. Failure to meet a repair commitment does not relieve the Company of the
credited provisions in Rule 503.01, unless the Customer fails to keep an appointment
the Customer agreed to when the original commitment was made
Issued: 272 1109 Etfective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 30
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
D. Restoration of Servce
When the Company providing local exchange is informed by a Customer of a local
exchange service outage, the Company wil:
.1 restore service within sixteen (16) hours after the report of the outage if the
Customer notifies the Company that the service outage creates an
emergency for the Customer, or
.2 restore service within twenty-four (24) hours after the report of the outage if
no emergency exists, except that outages reported between noon on
Saturday and 6:00 p.m. on the following Sunday must be restored within
fort-eight (48) hours or by 6:00 p.m. on the following Monday, which ever
is sooner. If the Company does not restore service within the times required
by this subsection, the Company wil credit the Customer's account for an
amount equal to the monthly rate for one (1) month of basic local exchange
service.
Issued: 2/2 1/09 Enective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 31
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
E. Extenuating Circumstances
Following disruption of local exchange service caused by natural disaster or other
causes not within the Company's control and affecting large groups of Customers, or
in conditions where the personal safety on an employee would be jeopardized, the
Company is not required to provide the credit referred to in Subsection 503.01 as
long as it uses reasonable judgment and diligence to restore service, giving due
regard for the needs of various Customers and the requirements of the
telecommunications service priority (TSP) program ordered in FCC Docket 88-341.
When a Customer causes the Customer's own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or
when the Company determines that the outage is attibutable to the Customer's own
equipment or inside wire, the Company is not required to provide to that Customer
the credit referred to in Subsection 503.01.
F. Compliance Standard
Each month at least ninety percent (90%) of out-of-service trouble reports wil be
cleared in accordance with Subsection 503.01 and 503.02. The Company wil keep
a monthly service record as described in Subsection 502.01 and wil notify the
Commission whenever the record indicates the ninety percent (90%) level has not
been met for a period of three (3) consecutive months.
Issued: 2727709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tarff No. 1
Section 2
Original Page 32
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.11 Cancellation of ServicelTermination Liabilty
If a Customer cancels a Service Order or terminates services before the completion of the term for
any reason whatsoever other than a service interrption (as defined in Section 2.10.1 above), the
Customer agrees to pay to the Company termination liabilty charges, as defined below. These
charges shall become due as of the effective date of the cancellation or termination and be payable
within the period, set forth in Section 2.6.2.
2.11.1 Termination Liabilty
The Customer's termination liabilty for cancellation of service shall be equal to:
A.all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
B.any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of the Customer; plus
C.minus a reasonable allowance for costs avoided by the Company as a direct result of
the Customer's cancellation.
Issued: 272 7709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tarff No. 1
Section 2
Original Page 33
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up to the
cancellation date. Customers that cancel the primary local exchange line wil have the entire Account
disconnected, including any secondary line and all associated features. In the event the Customer
executes a term commitment agreement with the Company, the Customer must cancel service and
terminate the agreement in accordance with the agreement terms.
2.13 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
the services and facilties provided by the Company without the written consent of the other par,
except that the Company may assign its rights and duties:
2~13.1 to any subsidiary, parent company or affliate ofthe Company; or
2.13.2 pursuant to any sale or transfer of substantially all the assets ofthe Company; or
2.13.3 pursuant to any financing, merger or reorganization of the Company.
Issued: 272//09 Enective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 34
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.14 Customer Liabilty for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual, apparent,
or implied authority to use the network, obtains the Company's services provided under this tariff.
2.14.1 Customer Liabilty for Fraud and Unauthorized Use of the Network
A. The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company callng card, if such a card is offered by the Company,
or an accepted credit card, provided that the unauthorized use occurs before the
Company has been notified.
B. A Company callng card is a telephone callng card issued by the Company at the
Customer's request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls
biled to the Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied
for and received, or has signed, used, or authorized another person to use to obtain
credit. Any credit card issued as a renewal or substitute in accordance with this
paragraph is an accepted credit card when received by the cardholder.
C. The Customer must give the Company written or oral notice that an unauthorized
use of a Company callng card or an accepted credit card has occurred or may occur
as a result of loss, and/or theft.
D. The Customer is responsible for payment of all charges for callng card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this tariff, unless due to the negligence of the Company. This
responsibilty is not changed due to any use, misuse, or abuse ofthe Customer's
service or Customer-provided equipment by third paries, the Customer's employees,
or the public.
The liabilty of the Customer for unauthorized use of the Networkby credit card
fraud wil not exceed the lesser of fift dollars ($50.00) or the amount of money,
propert, labor, or services obtained by the unauthorized userbefore notification to
the Company.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tarff No. 1
Section 2
Original Page 35
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.15 Use of Customer's Service by Others
2.15.1 Joint Use Arrangements
Joint use arrangements wil be permitted for all services provided under this tariff. From each
joint use arrangement, one member wil be designated as the Customer responsible for the
manner in which the joint use of the service wil be allocated. The Company wil accept
orders to start, rearange, relocate, or discontinue service only from the Customer. Without
affecting the Customer's ultimate responsibility for payment of all charges for the service,
each joint user shall be responsible for the payment ofthe charges biled to it.
Effecnvê:Issued: 212//09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 2
Original Page 36
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company shall
mail or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company's bils for service shall be mailed.
2.16.3 The Company shall designate on the service order an address to which the Customer shall
mail or deliver all notices and other communications, except that Company may designate a
separate address on each bil for service to which the Customer shall mail payment on that
bil.
2.16.4 Except as otherwise stated in this tariff, all notices or other communications required to be
given pursuant to this tariffwil be in writing. Notices and other communications of either
part, and all bils mailed by the Company, shall be presumed to have been delivered to the
other part on the third business day following placement of the notice, communication or
bil with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
2.16.5 The Company or the Customer shall advise the other part of any changes to the addresses
designated for notices, other communications or biling, by following the procedures for
giving notice set forth herein.
Issued:Enecnve:
2/27/09
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 2
Original Page 37
LOCAL EXCHANGE SERVICES TARIF
SECTION 2.0 - RULES AN REGULATIONS, CONT'D.
2.17 Universal Emergency Telephone Number Service (911)
Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company
central offce and trnking facilities whereby any telephone user who dials the numbers 911 wil
reach the emergency report center for the telephone from which the number is dialed or wil be routed
to an operator if all lines to an emergency report center are busy. If no emergency report center
Customer exists for a central office entity, a telephone user who dials the number 911 wil be routed
to an operator. No call-specific charges apply to 911 calls.
Issued:Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 3
Original Page 1
LOCAL EXCHANGE SERVICES TARIFF
SECTION 3.0 - SERVICE ARAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availabilty of facilities and equipment, in areas
currently served by the following Incumbent LECs:
1) Qwest.
Issued:Enective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 4
Original Page 1
LOCAL EXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHAGES AND SURCHAGES
4.1 Service Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in service.
4.1.1 Service Order Charges
Primary Line Connection Charge - applies to requests for initial connection or establishment
of telephone service to the Company.
Secondar Line Connection Charge - applies to the second or additional line of a new access
line installation and connection and customer requests for an inside move, change or addition
to regular service. This charge applies only when the second or additional line is ordered
simultaneously with the initial connection for service.
Service Order Charge - applies to connection of new lines and to service orders associated
with Customer requests for change sin service, moves and the addition of services, including
callng features.
4.1.2 Rates
Business Residential
Line Connection Charge
Primary Line TBD TBD
Secondary Line TBD TBD
Service Order Charge
Moves/Adds/Changes TBD TBD
Issued: 272'7/09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.cOM, INC.Idaho Tariff No. 1
Section 4
Original Page 2
LOCAL EXCHANGE SERVICES TARF
SECTION 4.0 - SERVICE CHARGES AN SURCHAGES, CONT'D.
4.2 Restoral Charge
A restoration charge applies to the restoration of suspended service and facilities because of
nonpayment of bils and is payable at the time that the restoration of the suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of service,
service is later re-installed.
Residence Business
Restoration after temporar denial,
but prior to completion of order
to discontinue service $20.00 $20.00
Issued: 212//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 4
Original Page 3
LOCAL EXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AN SURCHAGES, CONT'D.
4.4 Public Telephone Surcharge
Does not apply in Idaho
Issued:
Effective:2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 4
Original Page 4
LOCAL EXCHANGE SERVICES TARIF
SECTION 4.0 - SERVICE CHARGES AND SURCHAGES, CONT'D.
4.5 Carrier Presubscription
4.5.1 General
Carrer Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLAT A and interLAT A
toll calls. Such calls are automatically directed to the designated carrier, without the need to
use carrier access codes or additional dialing to direct the call to the designated carier.
Presubscription does not prevent a Customer who has presubscribed to an IntraLA T A or
InterLAT A toll carrier from using carrier access codes or additional dialing to direct calls to
an alternative long distace carier on a per call basis.
4.5.2 Presubscription Options - Customers may select the same carrier or separate cariers for
intraLATA and interLATA long distance. The following options for long distace
Pre subscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLA T A and
InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carier for IntraLATA
calls subject to presubscription and some other carier as the presubscribed carier for
interLAT A toll calls subject to presubscription.
Option C: Customer may select a carer other than the Company for intraLAT A toll calls
subject to pre subscription and the Company for interLATA toll calls subject to
presubscription.
Option 0: Customer may select the carrier other than the Company for both intraLATA and
interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLAT A and interLATA toll calls. One carier to be the Customers' primar intraLATA
interexchange carrier. The other carrier to be the Customer's primary interLATA
interexchange carrier.
Option F: Customer may select a carier other than the Company for no pre subscribed carer
for intraLATA toll calls subject to pre subscription which wil require the Customer to dial a
carrier access code to route all intraLAT A toll calls to the carrer of choice for each call.
Issued:Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK COM, INC.Idaho Tarff No. 1
Section 4
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHAGES AND SURCHAGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.3 Rules and Regulations
Customers of record wil retain their primary interexchange carriere s) until they request that
their dialing arrangements be changed.
Customers of record or new Customers may select either Options A, B, C, 0, E or F for
intraLA T A Presubscription.
Customers may change their selected Option and/or presubscribed toll carier at any time
subject to charges specified in 4.5.5 below:
4.5.4 Presubscription Procedures
A new Customer wil be asked to select intraLATA and interLATA toll carers at the time
the Customer places an order to establish local exchange service with the Company. The
Company wil process the Customer's order for service. All new Customers' initial requests
for intraLAT A toll service presubscription shall be provided free of charge.
If a new Customer is unable to make selection at the time the new Customer places an order
to establish local exchange service, the Company wil read a random listing of all available
intraLATA and interLA T A carriers to aid the Customer in selection. If selection is stil not
possible, the Company wil inform the Customer that he/she wil be given 90 calendar days
in which to inform the Company of his /her choice for primar toll careres) free of charge.
Until the Customer informs the Company of his/her choice of primar toll carer, the
Customer wil not have access to long distance services on a pre subscribed basis, but rather
wil be required to dial a carrier access code to route all toll calls to the carrieres) of choice.
Customers who inform the Company of a choice for toll carrier pre subscription within the 90
day period wil not be assessed a service charge for the initial Customer request.
Customers of record may initiate a intraLA TA or interLA T A pre subscription change at any
time, subject to the charges specified in 4.5.5 below. If a Customer of record inquires of the
Company of the carriers available for toll pre subscription, the Company wil read a random
listing of all available intraLAT A cariers to aid the Customer in selection.
Issued:Effective:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.. Idaho Tarff No. 1
Section 4
Original Page 6
LOCAL EXCHANGE SERVICES TARIF
SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.5 Presubscription Charges
A. Application of Charges
After a Customer's initial selection for a presubscribed toll carier and as detailed in
above, for any change thereafter, an Pre subscription Change Charge, as set for the
below wil apply. Customers who request a change in intraLATA and interLATA
carriers with the same order wil be assessed a single charge per line.
B. Nonrecurring Charges
Per business or residence line $5.00
Issued:Effecuve:
2/27/09
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 5
Original Page 1
LOCAL EXCHANGE SERVICES TARIF
SECTION 5.0 - LOCAL EXCHAGE SERVICE
5.1 General
5.1.1 Call Timing for Usage Sensitive Services
Where charges for a service are specified based on the duration of use, such as the duration
of a telephone call, the following rules apply:
5.1.1 Calls are measured in durational increments identified for each service. All calls
which are fractions of a measurement increment are rounded-up to the next whole
unit.
5.1.2 Timing on completed calls begins when the call is answered by the called part.
Answering is determined by hardware answer supervision in all cases where this
signaling is provided by the terminating local carer and any intermediate careres).
5.1.3 Timing terminates on all calls when the callng par hangs up or the Company's
network receives an off-hook signal from the terminating carrier.
5.1.4 Calls originating in one time period and terminating in another wil be biled in
proportion to the rates in effect during different segments of the call.
5.1.5 All times refer to local time.
5.1.2 Calculation of Distance
The Company does not offer services rated by distance.
5.1.3 Time of Day
The Company does not offer services rated by time of day.
Issued:
2/27/09
Enecnve:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 5
Original Page 2
LOCAL EXCHANGE SERVICES TARIF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.2 Flat Rate Local Exchange Service
Flat Rate Local Exchange Service provides a Customer with a single, analog, voice-grade telephonic
communications channel that can be used to place or receive one call at a time. Flat Rate Local
Exchange Service lines are provided for the connection of Customer-provided wiring, telephone,
facsimile machines or other station equipment. Local exchange service lines and trnks are provided
on a single par (individual) basis only. No multi-part lines are provided.
Recurring charges for Flat Rate Local Exchange Service are biled monthly in advance. Non-
recurring charges for installation or rearrangement of service are biled on the next month's bil
immediately following work performed by the Company.
Flat Rate Local Exchange Service includes unlimited local exchange callng per month.
Monthly Rate, per line:
Business
TBD
Residentia
TBD
Issued: 272//09 Effective:
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.cOM, INC.Idaho Tariff No. 1
Section 6
Original Page 1
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES
6.1 Custom Callng Features
The features in this section are made available to residential and business Customers. All features are
provided subject to availabilty. Features may not be available with all classes of service.
Transmission levels may not be suffcient in all cases.
6.1.1 Feature Descriptions
Call Forward- Automatically routes incoming calls to a predetermined telephone number.
Call Waiting - Signals the Customer with a burst of tone to indicate that another call is
waiting. The second call can either be answered by flashing the switchhook or hanging up
the phone and being rung back by the caller.
Call Waiting 10 - Includes all the features of Call Waiting and additionally provides for the
display of the second caller's name and telephone number on Caller 10 compatible Customer
premises equipment.
Three-Way Callng - Allows the Customer to add a third par to an existing conversation.
Speed Callng 8- Allows the Customer to dial an abbreviated code to originate a call to any
of 8 programmed telephone numbers.
Issued:
2/27/09
Eftective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NETTALK.COM, INC.Idaho Tariff No. 1
Section 6
Original Page 2
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Callng Features, Cont'd.
6.1.2 Description of Features, Cont'd.
Auto Call Back (*69) - Automatically redials the last incoming call.
Auto Redial- Automatically redials a busy number for up to 30 minutes until line is
available.
Caller 10 with Name - Provides for the display of the callng par name and telephone
number on Caller 10 compatible Customer premises equipment.
Distinctive Ring - Allows Customers to designate up to two additional telephone numbers
from which incoming calls wil have a distinctive ring.
Anonymous Call Rejection - Allows a customer to reject calls from callers who have
activated the Selective Blocking feature in order to prevent the display of their telephone
name/number.
Caller Originating Trace - Allows the Customer to dial a Call Trace activation code to
initiate a trace of the last incoming call without obtaining prior legal authorization or
assistance from the Company. The results of a completed trace wil be recorded in the
Central Office and wil be made available only to law enforcement agencies, as directed by
the Customers.
Issued: 272 1109 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 6
Original Page 3
LOCAL EXCHANGE SERVICES TARFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Callng Features, Cont'd.
6.1.3 Rates and Charges
A. Features Offered on Monthly Basis
The following optional callng features are offered to Customers on a monthly basis.
Customers are allowed unlimited use of each feature. No usage sensitive charges
apply. Multiline Customers must order the appropriate number of features based on
the number of lines which wil have access to the feature.
Custom Callng Feature Monthly
Residence usiness
Call Forward TBD TBD
Call Waiting TBD TBD
Call Waiting ID TBD TBD
Three-Way Callng TBD TBD
Speed Callng 8 TBD TBD
Auto Call Back (*69)TBD TBD
Auto Redial TBD TBD
Caller 10 with Name TBD TBD
Distinctive Ring 1 TBD TBD
Priority Call TBD TBD
Anonymous Call Rejection TBD TBD
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 6
Original Page 4
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Callng Features, Cont'd.
6.1.3 Rates and Charges, Contd.
B. Features Offered on a Usage Sensitive Basis
The following features are available to all local exchange Customers where facilities
and services permit. Customers may utilize each feature by dialing the appropriate
access code. The Customer wil be biled a per use charge each time the feature is
used by the Customer. Customers may choose to subscribe to these features on a
monthly basis to obtain unlimited use of these features for a fixed monthly charge.
PerUseCustom Callng Feature Residence Business
3-Way Calling TBD TBD
Auto Redial TBD TBD
Auto Call Back (*69)TBD TBD
Call Trace TBD TBD
Caller 10 Blocking TBD TBD
Issued: 212/109 Eftective:
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 6
Original Page 5
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services
6.2.1 Directory Assistance
A. General
A Customer may obtain assistance, for a charge, in determining a telephone number
by dialing Directory Assistance Service. A Customer can also receive assistance by
writing the Company with a list of names and addresses for which telephone
numbers are desired.
B. Regulations
There are no call allowances for Directory Assistace Services. A Directory
Assistance Charge applies for each call to Directory Assistace for telephone
number(s), area code(s), and/or general information requested from the Directory
Assistance operator except as follows:
a)Calls from coin telephones, including COCOTS (Customer Owned
Coin Operated Telephone Sets).
b)Requests in which the Directory Assistance operator provides an
incorrect number. The Customer must inform the Company of the
error in order to receive credit.
c)Customer experiences poor transmission or is cut off during the
calL.
d)Customers wil be provided with a maximum of two (2) telephone
numbers for each call to Directory Assistance.
Issued: 272//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 6
Original Page 6
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services, Cont'd.
6.2.1 Directory Assistance, Cont'd.
C. Rates
Per Call to Directory Assistance:TBD
Issued: 2/27/09 Effective:
A. K yriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC. Idaho Tariff No. 1
Section 6
Original Page 7
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.3 Local Operator Service
Local calls may be completed or biled with the live or mechanical assistace by the Company's
operator center. Calls may be biled collect to the called part, to an authorized 3rd part number, to
the originating line, or to a valid authorized callng card. Local calls may be placed on a station to
station basis or to a specified part (see Person to Person), or designated alternate. Usage charges for
local operator assisted calls are those usage charges that would normally apply to the callng part's
service. In addition to usage charges, an operator assistance charge applies to each call:
6.3.1 Rates
Usage Rates
Usage charges wil be biled at the rate in effect for the pre subscribed service plan
purchased by the Customer. See Section 5 ofthis tariff.
Per Call Service Charges
Calling Card - Automated
Callng Card - Operator Dialed
Biled to Third Number
Collect
Person-to-Person
Operator Assistace
TBD
TBD
TBD
TBD
TBD
TBD
Issued: 2/27109 Effective:
A. Kyrakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 6
Original Page 8
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.4 Busy Line Verifcation and Emergency Interrupt Service
Upon request of a callng part the Company wil verify a busy condition on a designated local
service line. The operator wil determine if the line is clear or in use and report to the calling part.
At the request of the Customer, the operator wil interrpt the call on the busy line. Emergency
Interruption is only permitted in cases where the callng par indicates an emergency exists and
requests interrption.
If the Customer has the operator interrpt a call, both the Busy Line Verification and the Emergency
Interrpt charge wil apply.
No charge wil apply when the calling par advises that the call is to or from an offcial public
emergency agency. Busy Verification and Emergency Interrpt Service is furnished where and to the
extent that facilities permit.
The Customer shall identify and save the Company harmless against all claims that may arise from
either part to the interrpted call or any person.
Busy Line Verification:
Busy Line Interrpt
TBD
TBD
Issued: 2/27109 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.Idaho Tariff No. 1
Section 6
Original Page 9
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service
6.5.1 Directory Listing Definitions
Primary Listing - One listing, termed the primary listing, is included with each Customer's
service with the primary line of a line hunting group and with each Joint User service.
Non-Listed Number (Private Directory Service) - A Non-Listed Number wil be furished at
the Customer's request, providing for the omission or deletion of the Customer's listing from
the telephone directory. Such listings wil be caried in the Company's directory assistance
and other records and wil be given to any callng part.
Non-Published Number (Semi-Private Directory Service) - A Non-Published Number wil
be furnished at the Customer's request. A Non-Published Number is not listed in the
telephone Company's directories, or on directory assistace records. Listing information
(name, address and number) on a Non-Published Number is not available to the general
public.
Additional Listings - At a charge, additional listings may be included in the alphabetical
directory and on directory assistace records, or appear on directory assistance records only.
The monthly rate for additional listings apply when the listings appear in Directory
Assistance records in accordance with the date requested by the Customer.
Issued: 2727709 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALKCOM, INC.Idaho Tariff No. 1
Section 6
Original Page 10
LOCAL EXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service, Contd.
6.5.2 Rates
Primary Listing
Additional Listings
Non-Listed Number, per account
Non-Published Number, per account
Monthly Recurring Charge
Residence Business
$0.00 $0.00TBD TBDTBD TBDTBD TBD
Issued: 212//09 Effective:
A. Kyriakides, Pres
1100 NW 163rd Dr.
N. Miami, FL 33169
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
1 [phone]
Idaho Price List No. 1
Original Page 1
Issued: 2/27/09 Effective:
NET TALKCOM, INC.
TELECOMMICATIONS PRICE LIST
IDAHO PUBLIC UTILITIES COMMISSION
This Price List contains the rates, terms and conditions applicable to the furnishing of
interexchange telecommunications services provided by NET T ALKCOM, INC., within
the State ofIdaho.
Registered Agent in Iowa:
Incorp Services, Inc.
921 S.Orchard St. G
Boise, 10 83705
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 2
Issued: 2/27/09 Effective:
CHECK SHEET
Pages, as listed below, are effective as of the date shown at the bottom of the respective page(s). Original and
revised pages as named below comprise all changes from the original Price List and are currently in effect as
of the date on the bottom of this page.
PAGE REVISION PAGE REVISION
1 Original *22 Original *
2 Original *23 Original *
3 Original *24 Original *
4 Original *25 Original *
5 Original *26 Original *
6 Original *27 Original *
7 Original *28 Original *
8 Original *29 Original *
9 Original *
10 Original *
11 Original *
12 Original *
13 Original *
14 Original *
15 Original *
16 Original *
17 Original *
18 Original *
19 Original *
20 Original *
21 Original *
* - indicates those pages included with this filing
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 3
Issued: 2/27/09 Effective:
TABLE OF CONTENTS
Check Sheet.............................................................................................................. ....................... 2
Table of Contents............................................................................................................................. 3
Symbols ...........................................................................................................................................4
Price List Format ............................................................................................................................. 5
Application of Price List..................................................................................................................6
Service Area Map .............................................................................. .............................................. 7
Section 1 - Terms and Abbreviations...............................................................................................8
Section 2 - Rules and Regulations ............ ............. ................. .......... ............. .............. ......... ......... 10
Section 3 - Service Descriptions and Rates .. ........ ............ ..................... ......... .......... ............. ........ 26
Section 4 - Promotions................................... ............. ................................................ ............ ....... 28
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 4
Issued: 2/27/09 Effective:
SYMBOLS
The following are the only symbols used for the purposes indicated below:
(C) - Changed regulation.
(D) - Delete or discontinue.
(I - Change Resulting in an increase to a Customer's bil.
(M) - Moved from another Price List location.
(N) - New.
(R) - Change resulting in a reduction to a Customer's bilL.
(T) - Change in text or regulation.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 5
Issued: 2/27/09 Effective:
PRICE LIST FORMT
A. 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 14.1.
B. 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 fie with the Commission. For example, the
4th revised Page 14 cancels the 3rd revised Page 14. Because of various suspension periods, deferrals, etc.,
the most current page number on fie with the Commission is not always the Price List page in effect. Consult
the Check Sheet for the page currently in effect.
C. 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. LA.
2. 1. LA. 1.
2.1.1.A.1.(a).
2.1.1.A.1.(a).i.
2.1.1.A.1.(a).I.(i).
2.1.1.A.1.(a).I.(i).(1 ).
D. Check Sheets - When a Price List fiing 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 wil be no other
symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain 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 fie with the Commission.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 6
Issued: 2/27/09 Effective:
APPLICATION OF PRICE LIST
This Price List contains the regulations and rates applicable to the furnishing of intrastate
resale common carier communications service by NET TALKCOM, INC. within the
State ofIdaho.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 7
Issued: 2/27/09 Effective:
SERVICE ARA MAP
NET TALKCOM, INC. wil provide intrastate service throughout the State ofIdaho.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 8
Issued: 2/27/09 Effective:
SECTION 1 - TERMS AN ABBREVITIONS
Authorization Code - A pre-defined series of numbers to be dialed by the Customer or End User upon access
to the Company's system to notify the caller and validate the caller's authorization to use the services
provided. The Customer is responsible for charges incurred through the use of his or her assigned
Authorization Code.
Authoried User - A person, firm, partership, corporation or other entity who is authorized by the Customer
to be connected to and utilize the Carrier's services under the terms and regulations of this Price List.
Commission - Refers to the Idaho Public Utilities Commission
Company or Carrier - NET T ALKCOM, INC. unless otherwise clearly indicated by the context.
Customer - A person, firm, partnership, corporation or other entity which aranges for the Carrier to provide,
discontinue or rearange telecommunications services on behalf of itself or others; uses the Carrier's
telecommunications services; and is responsible for payment of charges, all under the provisions and terms of
this Price List.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 9
Issued: 2/27/09 Effective:
SECTION 1 - TERMS AN ABBREVITIONS, (CONT'D.)
End User - Any person, firm, corporation, partnership or other entity which uses the services of the Company
under the provisions and regulations of this Price List. The End User is responsible for payment unless the
charges for the services utilzed are accepted and paid by another Customer.
Equal Access - Where the local exchange company central office provides interconnection to interexchange
carriers with Feature Group 0 circuits. In such end offces, Customers can presubscribe their telephone line(s)
to their preferred interexchange carrier.
LATA - Local Area of Transport and Access.
LEC ~ Local Exchange Company.
Personal Identification Number (pIN) - See Authorization Code.
Switched Access OriginationlTermination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LEC-provided business. or residential access line. The cost of switched Feature Group access is biled to the
interexchange carrier.
NET TALK - Used throughout this Price List to refer to NET TALK.COM, INC..
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 10
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS
2.1 Undertaking of Net Talk
Nationwide Pro Tel's services and facilties are furnished for communications originating throughout
the State ofIdaho under terms of this Price List.
Nationwide Pro Tel installs, operates, and maintains the communications services provided
Herein under in accordance with the terms and conditions set forth under this rate sheet. Nationwide
Pro Tel may act as the Customer's agent for ordering access connection facilties provided by other
entities, when authorized by the Customer, to allow connection of a Customer's location to the
Nationwide Pro Tel network. The Customer shall be responsible for all charges due for such service
arrangement.
The Company's services are provided on a monthly basis, unless otherwise stated in this Price List.
Services are available twenty-four (24) hours per day, seven (7) days per week.
2.2 Use
2.2.1 Services provided under this Price List may be used by the Customer for any lawful
telecommunications purpose for which the service is technically suited.
2.2.2 The services the Company offers shall not be used for any unlawfl purpose or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations,
licenses, consents and permits.
2.2.3 The Company may require applicants for service who intend to use the Company's offerings
for resale, shared and/or joint use to fie a letter with the Company confirming that their use
of the Company's offerings complies with relevant laws and the Commission's regulations,
policies, orders, and decisions.
2.2.4 A Customer may transmit or receive information or signals via the facilities of the Company.
The Company's services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in this Price List. A user may transmit any
form of signal that is compatible with the Company's equipment, but the Company does not
guarantee that its services wil be suitable for purposes other than voice-grade telephonic
communication except as specifically stated in this Price List.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 11
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.3 Limitations
2.3.1 The Company reserves the right to discontinue service when necessitated by conditions
beyond its control, or when the Customer is using the service in violation of the provisions of
this Price List, or in violation ofthe law.
2.3.2 Service is offered subject to the availabilty of the necessar facilities and equipment, or both
facilities and equipment, and subject to the provisions of this Price List.
2.3.3 The Company does not undertake to transmit messages, but offers the use of its facilities
when available, and wil not be liable for errors in transmission or for failure to establish
connections.
2.3.4 Service may be limited or discontinued by the Company, without notice to the Customer, by
blocking traffic to certain countries, cities, or NXX exchanges when the Company deems it
necessary to take such action to prevent unlawfl use of its service. Service wil be restored
as soon as it can be provided without undue risk.
2.3.5 The Company reserves the right to limit or to allocate the use of existing facilties, or of
additional facilities offered by the Company, when necessary because of lack of facilities, or
due to some other cause beyond the Company's control.
2.3.6 To the extent that any conflct arises between the terms and conditions of a service
agreement or other contract and the terms and conditions of this Price List, the Price List
shall prevaiL.
2.3.7 Title to all equipment provided by the Company under this Price List remains with the
Company.
2.3.8 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 cour's
responsibilty to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 12
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.4 Assignment and Transfer
2.4.1 All facilities provided under this Price List are directly or indirectly controlled by Net Talk
Communications Corp. and neither the Customer nor Subscriber may transfer or assign the
use of service or facilities without the express written consent ofthe Company. All
regulations and conditions contained in this Price List shall apply to all such permitted
assignees or transferees, as well as all conditions of service. Such transfer or assignment,
when permitted, shall only apply where there is no interrption of the use or location of the
service or facilties.
2.4.2 Customer may request Carier to assign one or more sub-accounts for biling purposes, and
to direct sub-account invoices to Customer's affiliates or other designated entities for
payment. Such requests shall not affect the liabilty ofthe Customer, who shall remain solely
liable to the Company for payment of all invoices for service requested and obtained by
Customer, whether invoiced by the Company to the Customer, the Customer's affliates, or
other designated entities.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List NO.1
Original Page 13
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.5 Liabilty of the Company
2.5.1 NET TALK COM, INC.'s liability for damages arising out of mistaes, interrptions,
omissions, delays, errors, or defects in transmission which occur in the course of furnishing
service or facilities, in no event shall exceed $100.00 or an amount equivalent to the
proportionate charge to the Customer, whichever is less, for the period during which the
faults in transmission occur. Except as set forth above, the Company shall not be liable for
any direct, indirect, consequential, special, actual, punitive or any other damages, or business
interrption, or for any lost profits of any kind or nature whatsoever arising out of any
defects or any other cause. In the event of an interrption in service or any defect in the
service whatsoever, neither the Company nor any affliated or unaffliated third par
provider or operator of facilities employed in the provision of the service shall be liable for
any direct, indirect, consequential, special, actual, punitive or any other damages, or for any
lost profits of any kind or nature whatsoever. Moreover, any such mistakes, omissions,
interrptions, delays, errors, or defects in trsmission or service, which are caused or
contributed to by the negligence or wilful act of the Customer, or Authorized User, or joint
user, or which arise from the use of Customer provided facilities or equipment shall not
result in the imposition of any liabilty whatsoever upon the Company.
2.5.2 The Company shall not be liable for any claim or loss, expense or damage (including
indirect, special or consequential damage), for any interrption, delay, error, omission, or
defect in any service, facility or transmission provided under this Price List, if caused by any
person or entity other than the Company, by any malfunction of any service or facility
provided by any other carrier, by an Act of God, fire, war, civil disturbance, or act of
government, or by any other cause beyond the Company's direct control.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 14
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.5 Liabilty of the Company, (Cont'd.)
2.5.3 Indemnification - The Company's liabilty, if any, for its gross negligence or wilful
misconduct is not limited by this Price List. With respect to any other claim or suit by a
Customer or by any others, the Customer indemnifies and saves harless the Company
against claims, losses or suits for injury to or death of any person, or damage to any propert
which arises from the use, placement or presence of the Company's equipment, facilities and
associated wiring of the Customer's premises and further the Customer indemnifies and
saves harmless the Company against claims for libel, slander, invasion of privacy or the
infringement of copyright arising directly or indirectly from the material transmitted over the
facilities of the Company or the use thereof by the Customer; against claims for infringement
of patents arising from combining with or using in connection with, facilities furnished by
the Company and apparatus, equipment and systems provided by the Customer; and against
all other claims arising out of any act or omission of the Customer in connection with the
services or facilities provided by the Company. No agents or employees of other cariers
shall be deemed to be agents or employees of the Company.
2.5.4 Defacement of premises: No liabilty shall attch to the Company by reason of any
defacement or damage to the Customer's premises resulting from the existence of the
Company=s equipment or facilties on such premises, or by the installation or removal
thereof, when such defacement or damage is not the result of the negligence of the Company
or its employees.
2.5.5 The Company is not liable for any act or omission of any other entity furnishing a portion of
the service or any acts or omission of the Customer.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List NO.1
Original Page 15
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.5 Liabilty ofthe Company, (Cont'd.)
2.5.6 Service furnished by the Company may be interconnected with the services or facilities of
other cariers or private systems. However, service furnished is provided solely by the
Company and is not a joint undertking with other parties.
2.5.7 The Company shall not be liable for any claim, loss, or refund as a result ofloss or theft of
Personal Identification Numbers issued for use with the Company's services.
2.5.8 The Company shall not be liable for any damages, including usage charges, that the
Customer may incur as a result of the unauthorized use of authorization codes of
communications equipment. The unauthorized use of communications equipment includes,
but is not limited to, the placement of calls from the Customer's premises, and the placement
of calls through equipment controlled and/or provided by the Customer that are transmitted
over the company's network without the authorization of the Customer. The Customer shall
be fully liable for all such usage charges.
2.5.9 The included Price List language does not constitute a determination by the Commission that
a limitation of liabilty 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 responsibilty to
adjudicate negligence and consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 16
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.6 Customer Responsibilty
2.6.1 All Customers assume general responsibilties in connection with the provisions and use of
the Company's service. When facilties, equipment, and/or communication systems provided
by others are connected to the Company's facilties, the Customer assumes additional
responsibilities. All Customers are responsible for the following:
A. The Customer is responsible for placing orders for service, paying all charges for
service rendered by the Company and complying with all of the Company's
regulations governing the service. The Customer is also responsible for assuring that
its users comply with regulations.
B. When placing an order for service, the Customer must provide:
1. The names and addresses of the persons responsible for the payment of
service charges, and
2. The names, telephone numbers, and addresses of the Customer contact
persons.
C. The Customer must pay the Company for the replacement or repair of the
Company's equipment when the damage results from:
1. The negligence or wilful act of the Customer or user;
2. Improper use of service; and
3. Any use of equipment or service provided by others.
D. After receipt of payment for the damages, the Company wil cooperate with the
Customer in prosecuting a claim against any third part causing damage.
NET TALK. COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List NO.1
Original Page 17
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.6 Customer Responsibilty, (Cont'd.)
2.6.2 Biling and Payment For Service
A. Responsibilty for Charges
The Customer is responsible for payment of all charges for services and equipment
furnished to the Customer for transmission of calls via the Company. In paricular
and without limitation to the foregoing, the Customer is responsible for any and all
cost(s) incurred as the result of:
1. any delegation of authority resulting in the use of his or her communications
equipment and/or network services which result in the placement of calls
via the Company;
2. any and all use of the services provided by the Company, including calls
which the Customer did not individually authorize;
3. any calls placed by or through the Customer's equipment via any remote
access feature( s);
Charges for installations, service connections, moves and rearrangements are
payable upon demand to the Company or its authorized agent. Biling thereafter wil
include recurring charges and actual usage as defined in this Price List.
B. Disputed Charges
Any objections to biled charges must be reported to the Company or its biling
agent in writing within twenty (20) days of the closing date printed on the invoice or
statement issued to the Customer. Adjustments to Customers' account shall be made
to the extent that circumstaces exist which reasonably indicate that such changes
are appropriate. Should the Customer be dissatisfied with the disposition of a
complaint, the Customer may appeal to the Commission Customer's may contact the
Commission at the following address and telephone number: 472 West Washington,
Boise, Idaho 83702, 800-432-0369.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 18
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.6 Customer Responsibilty, (Cont'd.)
2.6.3 Taxes and Fees
A. All state and local taxes (e.g., gross receipts ta, sales tax, municipal utilties tax) are
not included in the rates under this Price List, but shall be listed as separate line
items on the Customer's bil.
B. To the extent that a municipality, other poliical subdivision or local agency of
government, or commission imposes and collects from the Company a gross receipts
tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such
taxes and fees shall, as allowed by law, be biled pro rata to the Customer receiving
service from the Company within the territorial limits of such municipality, other
political subdivision or local agency of government.
C. Service shall not be subject to taxes for a given taxing jurisdiction if the Customer
provides the Company with written verification, acceptable to the Company and to
the relevant taxing jurisdiction, that the Customer has been granted a ta exemption.
D. The Company may adjust its rates or impose additional rates on its Customer to
recover amounts it is required by governmental or quasi-governmental authorities to
collect from or pay to others in support of statutory or regulatory programs.
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 119
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.6 Customer Responsibilty, (Cont'd.)
2.6.4 Late Payment Fees
A late payment fee of 1.5% per month wil be charged on any past due balance. Any
applicable late payment fees wil be assessed according to the terms and conditions ofthe
Company or its biling agent and pursuant to Idaho state law.
2.6.5 Return Check Charge
The Company wil assess a return check charge of up to $25.00, whenever a check or draft
presented for payment of service is not accepted by the institution on which it is written.
This charge applies each time a check is returned to the Company by a ban for insuffcient
funds. At the discretion of the Company, the insuffcient funds check charge may be waived
under appropriate circumstances (e.g., a bank error).
2.6.6 Deposits
The Company does not collect Customer deposits.
2.6.7 Advance Payments
The Company does not require advance payments for service.
2.6.8 Cancellation by Customer
Customers may cancel service verbally or in writing at any time. The Company shall hold
the Customer responsible for payment of all charges, including fixed fees, surcharges, etc.,
which accrue up to the cancellation date. Charges may be avoided by dialing another carier's
access code. In the event the Customer executes a term commitment agreement with the
Company, the Customer must cancel service and terminate the agreement in accordance with
the agreement terms.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 20
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.7 Refunds or Credits for Service Outages or Interruptions
2.7.1 An interrption period begins when the Customer reports a service, facilty or circuit to be
inoperative and, if necessary, releases it for testing and repair. An interrption period ends
when the service, facilty or circuit is operative. Credits for service outages or interrptions
are subject to the regulations listed below.
2.7.2 If the Customer reports a service, facility or circuit to be interrpted but declines to release it
for testing and repair, or refuses access to its premises for test and repair by the Company,
the service, facility or circuit is considered to be impaired but not interrpted. No credit
allowances wil be made for a service, facilty or circuit considered by the Company to be
impaired.
2.7.3 Credit allowances for interrption periods which are not due to the Company's testing or
adjusting, to the negligence of the Customer, or to the failure of channels, equipment and/or
communications systems provided by the Customer, are subject to the general liability
provisions set forth in this Price List. It shall be the obligation of the Customer to notify
Company immediately of any interrption in service for which a credit allowance is desired
by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not
within his or her control, or is not in wiring or equipment, if any, furnished by Customer.
2.7.4 The Customer shall be responsible for the payment of service charges based upon time and
materials for visits by the Company's agents or employees to the premises of the Customer
when the service difficulty or trouble report results from the use of equipment or facilities
provided by any part other than the Company, including but not limited to the Customer.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 21
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.7 Refunds or Credits for Service Outages or Interruptions, (Cont'd.)
2.7.5 F or puroses of credit computation every month shall be considered to have seven hundred
and twenty (720) hours. For services with a monthly recurrng charge, no credit shall be
allowed for an interrption of continuous duration of less than four (4) hours. The Customer
shall be credited for an interrption of four (4) or more hours at the rate of 1/72Oth of the
monthly charge for the services affected for each hour that the interrption continues. The
formula used for computation of credits is as follows:
Credit = A/720 x B
A = outage time in hours (must be 4 or more)
B = total monthly recurring charge for affected service.
2.7.6 For usage sensitive long distance services, credits wil be limited to, a maximum, the price of
the Initial Period of the individual call that was interrpted plus any per call charges or
surcharges required to reconnect the caller.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 22
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.8 Cancellation or Termination of Service by Customer
2.8.1 Customers of presubscribed long distance services may cancel service at any time by
providing NET T ALKCOM, INC. with written or verbal notification. The Company
shall hold the Customer responsible for payment of all bils for service fuished until the
cancellation date specified by the Customer or until the date that the cancellation notice is
received, whichever is later.
2.9 Cancellation or Termination of Service by Company
2.9.1 For nonpayment: The Company may terminate service to a Customer or Subscriber for
nonpayment of undisputed charges upon five (5) days written notice to the Customer or
Subscriber without incurring any liabilty for damages due to loss of telephone service to the
Customer or Subscriber.
2.9.2 NET TALK COM, INC. may refuse or discontinue service under the following
conditions provided that, unless otherwise stated, the Customer shall be given five (5) days
notice to comply with any rule or remedy any deficiency:
A. For non-compliance with or violation of any State, Municipal, or Federal law,
ordinance or regulation pertaining to telephone service.
B. For use of telephone service for any purpose other than that described in the
application.
C. For neglect or refusal to provide reasonable access to Net Talk or its agents
for the purpose of inspection and maintenance of equipment owned by
NET T ALKCOM, INC. or its agents.
D. For noncompliance with or violation of Commission regulation or Net Talk
rules and regulations on fie with the Commission.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 23
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.9 Cancellation or Termination of Service by Company, (Cont'd.)
2.9.2 Continued
E. Without notice in the event of Customer, Subscriber or Authorized User use of
equipment in such a manner as to adversely affect NET TALKCOM, INC.'s
equipment or service to others.
F. Without notice in the event of tampering with the equipment or services owned by
NET TALKCOM, INC. or its agents.
G. Without notice in the event of unauthorized or fraudulent use of service. Whenever
service is discontinued for fraudulent use of service, NET TALK.COM, INC.
may, before restoring service, require the Customer or Subscriber to make, at his or
her own expense, all changes in facilties or equipment necessar to eliminate ilegal
use and to pay an amount reasonably estimated as the loss in revenues resulting from
such fraudulent use.
H. Without notice by reason of any order or decision of a court or other government
authority having jurisdiction which prohibits Company from furnishing such
services.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 24
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.10 Interconnection
Service furnished by NET TALKCOM, INC. may be connected with the services or facilities
of other carers. Such service or facilties are provided under the terms, rates and conditions of the
other carier. The Customer is responsible for all charges biled by other carriers for use in connection
with NET TALKCOM, INC.'s service. Any special interface equipment or facilities necessary
to achieve compatibility between cariers is the responsibility of the Customer.
2.11 Terminal Equipment
The Company's facilities and service may be used with or terminated in terminal ,equipment or
communications systems such as a PBX, key system, single line telephone, or pay telephone. Such
terminal equipment shall be furnished and maintained at the expense of the Customer. The Customer
is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and
the like, incurred in the use of NET TALK COM, INC.'s service. When such terminal
equipment is used, the equipment shall comply with the generally accepted minimum protective
criteria standards of the telecommunications industr.
2.12 Inspection, Testing and Adjustment
Upon reasonable notice, the facilities or equipment provided by the Company shall be made available
to the Company for such tests and adjustments as may be necessary for their maintenance in a
condition satisfactory to the Company. No interrption allowance shall be granted for the time during
which such tests and adjustments are made, unless such interrption exceeds twenty-four hours in
length and credit for the interrption is requested by the Customer.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 25
Issued: 2/27/09 Effective:
SECTION 2 - RULES AN REGULATIONS, (CONT'D.)
2.13 900,976 and 700 Numbers
The Company does not provide 900, 976 or 700 number services. Customer calls placed to these
numbers are routed to the local or long distance carier providing the service. Customers may contact
their local exchange carrier or the carrier providing the service to request blocking of access to these
numbers.
2.14 Other Rules
The Company may temporarily suspend service without notice to the Customer, by blocking traffc to
certain cities ofNXX exchanges, or by blocking calls using certain Personal Identification Numbers
when the Company deems it necessary to take such action to prevent unlawful use of its service. The
Company wil restore service as soon as service can be provided without undue risk.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List NO.1
Original Page 26
Issued: 2/27/09 Effective:
SECTION 3 - SERVICE DESCRITIONS AND RATES
3.1 General
NET TALKCOM, INC. provides long distance service to Customers for communications
originating and terminating throughout the State ofIdaho.
3.2 Timing of Calls
The Company does not offer time sensitive calls.
3.3 Holidays
The Company does not offer rate discounts for calls placed on state of federal holidays.
3.4 Rate Periods
The Company does not rate calls based on time-of-day.
3.5 Calculation of Distance
The Company does not rate calls based on distance.
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 27
Issued: 2/27/09 Effective:
SECTION 3 - SERVICE DESCRITIONS AN RATES, (CONT'D.)
3.6 Direct Dial Service
Direct Dial Service rates apply when the Customer dials the telephone number without the assistance
of an operator and the call is biled to the callng number. Usage is biled in one (1) minute
increments with a one (1) minute minimum period.
Per Minute Usage Rate All Times of Day $0.25
NET TALK.COM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 28
Issued: 2/27/09 Effective:
SECTION 3 - SERVICE DESCRITIONS AN RATES, (CONT'D.)
3.7 Public Telephone Surcharge
Does not apply in Idaho
NET TALKCOM, INC.
A. Kyriakides, Pres.
1100 NW 163rd Dr.
N. Miami, FL 33169
Idaho Price List No. 1
Original Page 29
Issued: 2/27/09 Effective:
SECTION 4 - PROMOTIONS
4.1 Demonstration of Service
From time to time the Company may demonstrate service for potential Customers by providing free
use of its network on a limited basis for a period of time, not to exceed one (1) month. Demonstration
of service and the type, duration or quantity of service provided wil be at the Company's discretion.
4.2 Promotions - General
From time to time, the Carrier may provide promotional offerings to introduce a current or potential
Subscriber to a service not being used by the subscriber. These offerings may be limited to certin
dates, times or locations and may waive or reduce recurring or non-recurring charges. The
Commission wil be notified of all promotions.