20080523Illustrative Tariff.pdf

EXHIBIT D
Illustrative Tariff
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2008 MAY 23 nM 10: 45
NEUTRAL TANDEM-IDAHO, LLC IDAHO P.U.C. No.1
Original Sheet 1
NEUTRAL TANDEM-IDAHO, LLC
REGULATIONS AND SCHEDULE OF INTRASTATE CHARGES
APPLYING TO INTERLATA AND INTRALATA COMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC IDAHO P.U.C. No.1
Original Sheet 2
TABLE OF CONTENTS
Page
Contents ....................................................................................................................................2
Explanation of Revision Marks.................................................................................................... 3
Application of Tariff .....................................................................................................................4
Applicability of Regulations .........................................................................................................4
Section 1: Definitions.................................................................................................................. 5
Section 2: General Regulations ...... ............ ......................... ......... ...... ........... ............ .......... .....13
Section 3: Service Descriptions................................................................................................ 48
Section 4: Rates and Charges... ........ ........................ .......... .......... ....... ............ .......... ......... ..... 64
Section 5: Special Arrangements.............................................................................................. 68
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC IDAHO P.U.C. No.1
Original Sheet 3
EXPLANATION OF REVISION MARKS
The following symbols shall be used in this tariff for the purpose indicated below:
C To signify a regulation that has been changed
D To signify a rate or regulation that has been discontinued
To signify a rate that has been increased
M To signify a move in the location of text
N To signify a new rate or regulation
R To signify a rate that has been reduced
S
T
To signify a matter that has been reissued
To signify a change in the text that has not affected a change in neither a
rate nor a regulation.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC IDAHO P.U.C. No.1
Original Sheet 4
APPLICATION OF TARIFF
This tariff sets forth the services offerings, rates, terms and conditions applicable to Neutral
Tandem-Idaho, LLC's (Telephone Company) furnishing of Idaho, intrastate InterLATA and
IntraLA TA communications services. This tariff is on file with the Idaho Public Utilty
Commission, and copies may be inspected during normal business hours at the Commission or
the Company's principal place of business, One South Wacker Drive, Suite 200, Chicago IL
60606.
APPLICABILITY OF REGULATIONS
The Regulations contained herein are applicable to all of the Telephone Company's services,
unless expressly noted otherwise.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 5
SECTION 1: DEFINITIONS
Certain terms used herein are defined as follows:
Access Service - transmission or switching services to carriers for the purpose of the origination
or termination of telephone Toll Service and does not include 911,411, 976, 311, 611, 500, 950,
Directory Assistance, 0+ local, and 0+ operator services. Customer for Access Service is the
Terminating Carrier, except if the Originating Carrier routes Off-Net traffc to the Telephone
Company, then Access Services charges will be applied to the Originating Carrier.
Act - means the Communications Act of 1934 (47 U.S.C. 153(R)) as amended by the
Telecommunications Act of 1996, Public Law 1 04-1 04, 110 State. 56 (1996) codified throughout
47 U.S.C., and as interpreted by Applicable Law
Alternate Access Tandem - an access tandem owned by a party other than the Telephone
Company.
Alternate Transit Tandem - a transit tandem owned by a party other than the Telephone
Company
Answer/Disconnect Supervision - the transmission of the switch trunk equipment supervisory
signal (off-hook or on-hook) to the customer's point of termination as an indication that the
called party has answered or disconnected.
Automatic Number Identification (ANI) - a multi-frequency signaling Common Switching Optional
Feature that provides the automatic transmission of a seven or ten digit number and information
digits to the customer's premises for call originating in the LATA, to identify the callng station.
Bit - the smallest unit of information in the binary system of notation.
Business Day - the times of day that a company is open for business. Generally, in the business
community, these are 8:00 or 9:00 A.M. to 5:00 or 6:00 P.M., respectively, with an hour for
lunch, Monday through Friday, resulting in a standard forty (40) hour work week. However,
Business Day hours for the Telephone Company may vary based on company policy and
location.
Busy Hour Minutes of Capacity (BHMC) - the customer specified maximum amount of
Access Service and/or Transit Service minutes the customer expects to be handled in a
designated switch during any hour in an 8:00 A.M. to 11 :00 P.M. period for the service
ordered. This customer furnished BHMC quantity is the input data the Telephone Company
uses to determine the number of transmission paths for the service ordered.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 6
SECTION 1: DEFINITIONS
Call - an end user attempt for which the complete address code (e.g. 10 digits) is provided to
the serving dial tone offce.
Call Classification - Call Classification is the classification of traffic as Access Service or as
Transit Service.
Calling Party Number - an SS7 parameter identifying the directory number of the callng station
Carrier or Common Carrier - any individual, partnership, association, joint-stock company, trust,
governmental entity or corporation engaged for hire in communication by wire or radio.
Carrier Identification Code - a numeric code currently used for routing traffic and billng
purposes.
Central Office - a local switching system where Telephone Exchange Service customer station
loops are terminated for purposes of interconnection to each other and to trunks.
Central Office Code - the first three digits (NXX) of the seven-digit telephone number assigned
to an end user's Telephone Exchange Service.
Channel(s) - an electrical or photonic, in the case of fiber optic-based transmission systems,
communications path between two or more points of termination.
Channelize - the process of multiplexing-demultiplexing wider bandwidth or higher speed
channels into narrower bandwidth or lower speed channels.
Commission - Public Utility Commission of Idaho.
Common Channel Signaling Network - a digital data network carrying signaling, routing, and
control information which interfaces with the voice/data network.
Communications System - channels and other facilties which are capable of
communications between terminal equipment provided by other than the Telephone
Company.
Company - Neutral Tandem-Idaho, LLC
Customer(s) - any individual, partnership, association, joint-stock company, trust,
corporation, or governmental entity or any other entity which subscribes to the services
offered under this tariff.
Calling Party Number (CPN) - means a Signaling System 7 "SST' parameter whereby the ten
(10) digit number of the callng Party is forwarded from the End Office.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 7
SECTION 1: DEFINITIONS
Decibel - a unit used to express relative difference in power, usually between acoustic or electric
signals, equal to ten (10) times the common logarithm of the ratio of two signal powers.
Dedicated Transport - Direct-trunked transport provided between the customer's facilty and a
Telephone Company facility, hub, or tandem.
End Office Switch - a local switching system where customer station loops are terminated for
purposes of interconnection to trunks.
End User - any customer of a telecommunications service that is not a carrier.
Entrance Facility - A Transport facility that provides dedicated transport from the customer's
point of termination to the Telephone Company's facility.
Entry Switch - See First Point of Switching.
Exchange - a unit generally smaller than a Market Service Area, established by the local service
provider for the administration of communications service in a specified area which usually
embraces a city, town or vilage and its environs. It consists of one or more central offices
together with the associated facilities used in furnishing communications service within that
area. One or more designated exchanges comprise a given Market Service Area.
First-Come. First-Served - a procedure followed when the first service order received wil be the
first service order processed.
First Point of Switching - the first Telephone Company location at which switching occurs on the
terminating path of a call proceeding from the customer premises to the terminating switch.
Grandfathered - Services ordered under the provisions of this tariff and which are considered
grandfathered and no longer available to new customers.
Host Offce - an electronic switching system which provides call processing capabilties for one
or more Remote Switching Modules or Remote Switching Systems.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 8
SECTION 1: DEFINITIONS
Immediately Available Funds - a corporate or personal check drawn on a bank account and
funds which are available for use by the receiving party on the same day on which they are
received and include U.S. Federal Reserve bank wire transfers, U.S. Federal Reserve notes
(paper cash), U.S. coins, U.S. Postal Money Orders and Certificates of Deposit.
Individual Case Basis (ICB) - a condition in which the regulations, (if applicable) rates and
charges for an offering under the provisions of this tariff are developed based on the
circumstances in each case.
Interconnected Carrier (IC) or Interconnected Common Carrier - any individual, partnership,
association, joint-stock company, trust, governmental entity or corporation engaged for hire in
intrastate communication by wire or radio connected to the Telephone Company.
Interstate Communications - both interstate and foreign communications.
Interexchange Carrier (IXC) - Toll Service provider.
Intrastate Communications - any communications within a state subject to oversight by a state
regulatory commission as provided by the laws of the state involved. Intrastate communication
can be intraLATA or InterLATA in nature, with intraLATA calls being between two parties
located within the same LATA and intrastate, interLA TA calls being between two users in
different LA TAs in the state.
Local Exchange Routing Guide (LERG) - is the industry reporting tool used to provision the
appropriate NPA NXXs in networks.
Local Callng Area - a geographical area, as defined in the incumbent telephone company's
local exchange service tariff, in which an end user may complete a call without incurring Toll
charges.
Local Access and Transport Area (LATA) - a geographic area established for the provision and
administration of communications service. It encompasses one or more designated exchanges,
which are grouped to serve common social, economic and other purposes. In Illnois,
Metropolitan Statistical Area (MSA) is the term used to define a LATA.
Line Information Data Base (L1DB) - a transaction-oriented database system that functions as a
centralized repository for data storage and retrievaL. L1DB contains records associated with End
User line numbers and special biling numbers. L1DB accepts queries from other network
elements and provides return result, return error, and return reject responses as appropriate.
Examples of information that stored in L1DB and in its Line Records are: ABS validation data,
originating line number screening (OLNS) data, ZIP Code data, and callng name information.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 9
SECTION 1: DEFINITIONS
Line Record - means information in L1DB and/or the L1DB administrative system that is specific
to a single telephone number or billng number.
Line-Side Connection - a connection of a transmission path to the line side of a local exchange
switching system.
Major Fraction Thereof - is any period of time in excess of 1/2 of the stated amount of time. As
an example, in considering a period of one hour, a major fraction of one hour would be 31
minutes. Therefore, if a given service is interrupted for one hour and 31 minutes, the customer
would be given a credit for two hours. For one hour and 30 minutes or less, the customer would
be given credit for one hour.
Meet-Point Billing (MPB) - refers to the billing associated with interconnection of facilties
between two or more local carriers for the routing of traffc to and from an interexchange carrier
with which one of the local carriers does not have a direct connection. In a multi-bil
environment, each local carrier bils the appropriate tariffed rate for its portion of a jointly
provided Access Service
Message - a "Call" as defined preceding.
Minutes of Use (MOUs) - Minutes of use.
Mixed Access and Transit Service - Both Transit and Access Services provided over a single
facility.
Mobile Switching Center (MSC) - is the location of the switch in a cellular telephone network
used by a Commercial Mobile Radio Services (CMRS) provider in performing, inter alia,
terminating and originating functions for calls to and from a CMRS provider's end user.
Network Control Signaling - the transmission of signals used in the telecommunications system
which perform functions such as supervision (control, status, and charge signals), address
signaling (e.g., dialing), calling and called number identifications, rate of flow, service selection
error control and audible tone signals (call progress signals indicating re-order or busy
conditions, alerting, coin denominations, coin collect and coin return tones) to control the
operation of the telecommunications system.
Network Interface - the point of interconnection between Telephone Company communications
facilities and terminal equipment, protective apparatus or wiring at a customer's premises or
point of interconnection. The network interface or demarcation point shall be located on the
subscriber's side of the telephone company's protector, or the equivalent thereof in cases where
a protector is not employed, as provided under the Telephone Company's reasonable and
nondiscriminatory standard operating practices.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 10
SECTION 1: DEFINITIONS
Non-Authorized Traffic - traffic that is not defined as Transit and Access traffic, including 911,
411,976,311,611,500,950, Directory Assistance, 0+ local, and 0+ operator services.
North American Numbering Plan (NANP) - a three-digit area (Numbering Plan Area) code and a
seven-digit telephone number made up of a three-digit Central Office code plus a four-digit
station number.
Off-hook - the active condition of Switched Access or a Transit Service line.
On-hook - the idle condition of Switched Access or a Transit Service line.
Off-Net - A Transit or Access call that is not an On-Net calL.
On-Net - A Transit or Access call that can be terminated to an Interconnected Common Carrier
and therefore not routed to an Alternate Access or Transit Tandem.
Operating Company Number (OCN) - a four place alphanumeric code (NNXX), assigned by
NECA, that identifies providers of telecommunications services. A separate code is required for
each state in which a company provides facility based telecommunication services.
Originating Carrier - The carrier originating a call from an End User.
Originating Direction - the origination of calls from an End User premises.
Originating Point Code - a field within a signaling message that identifies the originating network
signaling node.
Percentage of Intrastate IntraLATA Use (PIIU) - Intrastate intraLATA versus intrastate
interLATA jurisdictional use of a service as reported by the customer. This percentage is stated
as a whole number percentage which is the customer's best estimate of the percentage of the
total use of the intrastate service that will be intrastate intraLA TA in nature.
Percentage for Interstate Use (PIU) - Interstate jurisdictional use of a service as reported by the
customer. This percentage is stated as a whole number percentage which is the customer's
best estimate of the percentage of the total use of the service that will be interstate in nature.
Point of Termination - the point of demarcation within a customer-designated premises or point
of interconnection at which the Telephone Company's responsibility for the provision of service
ends.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 11
SECTION 1: DEFINITIONS
Premises - a building, a portion of a building in a multi-tenant building or buildings on continuous
property not separated by a public thoroughfare.
Route Miles - are the total of cable sheath feet shown in the Telephone Company's location
records from the demarcation point at the customer's premises to the serving wire center. This
total footage is divided by 5,280 feet and then shown out two decimal places and rounded to the
next higher quarter route mile. This is for per quarter route mile billing.
Service Code - an SS7 parameter that allows individual calls to be identified and routed based
on specific service characteristics.
Service Interface - is that point of termination where all tariffed technical/physical parameters
are defined. The Service Interface is located at the Network Interface or may be extended at the
customer's request.
Signaling System Seven (SS7) - the layered protocol used for standardized Common Channel
Signaling in the United States.
Special Order - an order for a non-tariffed service or an order for special terms for tariffed
service.
Tandem - a Telephone Company switching system that provides a concentration and
distribution function for Access Service and Transit Service traffic between Interconnected
Common Carriers.
Tandem Service -Access and Transit Service.
Tandem Switch - a local Telephone Company switching unit by which local transit or access
telephonic communications are switched to and from Interconnected Common Carriers'
switches.
Tandem-Switched Transport - Switched Transport provided between the customer's switch and
the tandem or between the tandem and switches connected to the tandem. Tandem-Switched
Transport is switched at a tandem switch. Tandem-Switched Transport consists of both circuits
and portions of circuits dedicated to the use of a customer between their switch and the tandem
and circuits used in common by many customers.
Tandem-Switched Transport Facilty - A transport facility used for Tandem-Switched Transport.
Telephone Company - Neutral Tandem-Idaho, LLC.
Terminating Carrier - The carrier terminating a call to an End User.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 12
SECTION 1: DEFINITIONS
Terminating Direction - the completion of calls to an End User premises.
Toll Service or Long Distance - is as defined in the Act.
Transit Service - Transit Service means all Section 251 (b)(5) Traffic, ISP-Bound Traffic,
IntraLATA Toll Traffic (not delivered via IXC), CMRS IntraMTA Traffic and/or 800 IntraLATA Toll
Traffic delivered via the Transit Traffc Service. A Transit rate element applies to all MOUs
transitted over the Telephone Company network. The originating Interconnected Carrier is
responsible for payment of the appropriate rates unless otherwise specified. Transit Service
does not include 911, 411, 976, 311, 611, 500, 950, Directory Assistance, 0+ local, and 0+
operator services.
Trunk - a communications path connecting two switching systems in a network, used in the
establishment of an end-to-end connection.
Trunk Group - a set of trunks which are traffic engineered as a unit for the establishment of
connections between switching systems in which all of the communications paths are
interchangeable.
Trunk Side Connection - the connection of a transmission path to the trunk side of a local
exchange switching system.
V and H Coordinates Method - a method of computing airline miles between two points by
utilizing an established formula which is based on the vertical and horizontal coordinates of the
two points.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 13
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company
2.1.1 Scope
(A) The Telephone Company shall be responsible only for the installation,
operation and maintenance of the services which it provides.
(B) The Telephone Company wil, for maintenance purposes, test its services
only to the extent necessary to detect and/or clear troubles.
(D) Services are provided 24 hours daily, seven days per week, except as set
forth in other applicable sections of this tariff.
(E) The Telephone Company does not warrant that its facilities and services
meet standards other than those set forth in this tariff.
2.1.2 Limitations
(A) The customer may not assign or transfer the use of services provided
under this tariff; however, where there is no interruption of use or
relocation of the services, such assignment or transfer may be made to:
(1) another customer, whether an individual, partnership, association or
corporation, provided the assignee or transferee assumes all
outstanding indebtedness for such services, and the unexpired portion
of the minimum period and the termination liabilty, if any, applicable
to such services, if any; or
(2) a court appointed receiver, trustee or other person acting pursuant to
law in bankruptcy, receivership, reorganization, insolvency, liquidation
or other similar proceedings, provided the assignee or transferee
assumes the unexpired portion of the minimum period and the
termination liability applicable to such services, if any.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 14
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.2 Limitations (Contd)
(B) In all cases of assignment or transfer, the written acknowledgment of the
Telephone Company is required prior to such assignment or transfer
which acknowledgment shall be made within 15 days from the receipt of
notification. All regulations and conditions contained in this tariff shall
apply to such assignee or transferee.
(C) The assignment or transfer of services does not relieve or discharge the
assignor or transferor from remaining jointly or severally liable with the
assignee or transferee for any obligations existing at the time of the
assignment or transfer.
(D) The regulations for the installation and restoration of Telecommunications
Service Priority (TSP) system services shall be subject to the Federal
Communications Commission's Rules and Regulations.
(E) Subject to compliance with the rules mentioned in (D) preceding, the
services offered herein will be provided to customers on a first-come,
first-served basis.
2.1.3 Liability
(A) The Telephone Company's liability, if any, for its willful misconduct is not
limited by this tariff. With respect to any other claim or suit, by a
customer, or by any others, for damages associated with the installation,
provision, preemption, termination, maintenance, repair or restoration of
service, and subject to the provisions of (B) through (J) following, the
Telephone Company's liability, if any, shall not exceed an amount equal
to the proportionate charge for the service for the period during which the
service was affected. This liabilty for damages shall be in addition to any
amounts that may otherwise be due the customer under this tariff as a
Credit Allowance for a Service Interruption.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 15
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.3 Liability (Contd)
(8) The Telephone Company shall not be liable for:
(1) Any act or omission of any other carrier or customer providing a
portion of a service;
(2) Any intentional, wrongful act of a Telephone Company employee
when such act is not within the scope of the employee's
responsibilities for the Telephone Company and/or is not authorized
by the Telephone Company;
(3) Any representations made by Telephone Company employees that do
not comport, or that are inconsistent, with the provisions of this Tariff;
(4) Any noncompletion of calls due to network busy conditions; and
(5) Any calls not actually attempted to be completed during any period
that service is unavailable.
(C) The Telephone Company is not liable for damages to the customer
premises resulting from the furnishing of a service, including the
installation and removal of equipment and associated wiring, unless the
damage is caused by the Telephone Company's negligence.
(D) The Telephone Company shall be indemnified, defended and held
harmless by the end user against any claim, loss or damage arising from
the end user's use of services offered under this tariff, involving:
(1) Claims for libel, slander, invasion of privacy, or infringement of
copyright arising from the end user's own communications;
(2) Claims for patent infringement arising from the end user's acts
combining or using the service furnished by the Telephone Company
in connection with facilties or equipment furnished by the end user or
Interconnected Carrier ("IC") or;
(3) All other claims arising out of any act or omission of the end user in
the course of using services provided pursuant to this tariff.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 16
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.3 Liability (Contd)
(E) The Telephone Company shall be indemnified, defended and held
harmless by the IC against any claim, loss or damage arising from the
IC's use of services offered under this tariff, involving:
(1) Claims for libel, slander, invasion of privacy, or infringement of
copyright arising from the IC's own communications;
(2) Claims for patent infringement arising from the IC's acts combining or
using the service furnished by the Telephone Company in connection
with facilities or equipment furnished by the end user or IC or;
(3) All other claims arising out of any act or omission of the IC in the
course of using services provided pursuant to this tariff.
(F) The Telephone Company does not guarantee or make any warranty with
respect to its services when used in an explosive atmosphere. The
Telephone Company shall be indemnified, defended and held harmless
by the customer from any and all claims by any person relating to such
customer's use of services so provided.
(G) No license under patents (other than the limited license to use) is granted
by the Telephone Company or shall be implied or arise by estoppel, with
respect to any service offered under this tariff. The Telephone Company
will defend the customer against claims of patent infringement arising
solely from the use by the customer of services offered under this tariff
and wil indemnify such customer for any damages awarded based solely
on such claims.
(H) The Telephone Company's failure to provide or maintain services under
this tariff shall be excused by labor difficulties, governmental orders, civil
commotion, criminal actions taken against the Telephone Company, acts
of God and other circumstances beyond the Telephone Company's
reasonable control, subject to the Credit Allowance for a Service
Interruption as set forth in 2.4.4. following.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 17
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.3 Liabilty (Contd)
(I) The Telephone Company assumes no responsibilty for the availability or
performance of any cable or satellte systems or related facilties under
the control of other entities, or for other facilities provided by other entities
used for service to the Customer, even if the Telephone Company has
acted as the Customer's agent in arranging for such facilities or services.
Such facilties are provided subject to such degree of protection or
nonpreemptibility as may be provided by the other entities.
(J) Except as otherwise stated in this Tariff, any claim of whatever nature
against the Telephone Company shall be deemed conclusively to have
been waived unless presented in writing to the Telephone Company
within thirty (30) days after the date of the occurrence that gave rise to
the claim.
(K) NEITHER TELEPHONE COMPANY NOR ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS, SHALL BE
LIABLE TO CUSTOMER OR ANY THIRD PARTY, INCLUDING THEIR
OWN CUSTOMERS OR END USERS, FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
LOSS OF BUSINESS OR ANY OTHER PECUNIARY LOSS, ARISING IN
ANY WAY OUT OF OR UNDER THIS TARIFF OR RELATED
AGREEMENT, WHETHER IN TORT, CONTRACT OR OTHERWISE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. CARRIER'S AND ITS SUBCONTRACTORS
LIABILITY TO CUSTOMER AND ITS CUSTOMERS OR END USERS
ARISING OUT OF OR UNDER THIS TARIFF OR RELATED
AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE,
SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO
CARRIER IN THE SIX (6) MONTH PERIOD IMMEDIATELY
PRECEDING THE TIME THAT THE EVENT RESULTING IN LIABILITY
OCCURS.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 18
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.3 Liability (Contd)
(L) DISCLAIMER OF WARRANTIES. TELEPHONE COMPANY MAKES NO
WARRANTY TO CUSTOMER, OR TO ITS OWN CUSTOMERS, END
USERS, OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED
OR STATUTORY, AS TO THE MERCHANTABILITY, FITNESS FOR
ANY PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR
COMPLETENESS OF RESPONSES OR RESULTS, TITLE,
NONINFRINGEMENT, QUIET ENJOYMENT OR QUIET POSSESSION,
OR CORRESPONDENCE TO DESCRIPTION WITH RESPECT TO THE
SERVICES AND ANYTHING PROVIDED OR USED UNDER, OR AS A
RESULT OF, THIS TARIFF OR ANY RELATED AGREEMENT.
2.1.4 Provision of Services
The Telephone Company, to the extent that such services are or can be made
available with reasonable effort, will provide to the customer upon reasonable
notice services offered in other applicable sections of this tariff at rates and
charges specified therein.
2.1.5 Installation and Termination of Services
The services provided under this tariff will include any entrance cable or drop
wiring and wire or intrabuilding network cable to that point where provision is
made for termination of the Telephone Company's outside distribution network
facilities at a suitable location, and wil be installed by the Telephone Company
to such point, designated as the Network Interface. Technical parameters of
services provided under this tariff shall be measured at a Point of Termination
to be referred to as the Service Interface (SI). The Service Interface shall be
located at the Network Interface or may be extended at the customer's request.
Wire and equipment required to extend Access Service facilities wil be
provided by the Telephone Company, at the customer's request, on a
deregulated basis. This wire and equipment may also be provided by the
customer. In either case, the customer shall own the wire and equipment
beyond the Network Interface. For some services, Telephone Company
provided equipment may be placed at an extended SI, causing the customer
owned inside wire to be interpositioned. Standard Access Service has only one
Point of Termination (Service Interface) per customer premises. Any additional
termination beyond such Point of Termination will be negotiated on a special
case basis.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 19
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.6 Maintenance of Services
The services provided under this tariff shall be maintained by the Telephone
Company. The customer or others may not rearrange, move, disconnect,
remove or attempt to repair any facilities provided by the Telephone Company,
other than by connection or disconnection to any interface means used, except
with the written consent of the Telephone Company. Customer owned inside
wire maintenance is the customer's responsibility, but may be maintained by
the Telephone Company at the customer's request, on a deregulated basis.
When trouble on an Access Service is caused by facilities, equipment or wiring
owned by the customer, a charge will apply on a deregulated basis.
2.1.7 Changes and Substitutions
Except as provided for equipment and systems subject to F.C.C. Part 68
Regulations at 47 C.F.R. Section 68.110(b), the Telephone Company may,
where such action is reasonably required in the operation of its business, (A)
substitute, change or rearrange any facilities used in providing service under
this tariff, including but not limited to, (1) substitution of different metallc
facilities, (2) substitution of carrier or derived facilities for metallc facilties used
to provide other than metallic facilities and (3) substitution of metallic facilities
for carrier or derived facilities used to provide other than metallic facilties, (B)
change minimum protection criteria, (C) change operating or maintenance
characteristics of facilities or (D) change operations or procedures of the
Telephone Company. The Telephone Company shall not be responsible if any
such substitution, change or rearrangement renders any customer furnished
services obsolete or requires modification or alteration thereof or otherwise
affects their use or performance. If such substitution, change or rearrangement
materially affects the operating characteristics of the facility, the Telephone
Company wil provide reasonable notification to the customer in writing.
Reasonable time will be allowed for any redesign and implementation required
by the change in operating characteristics. The Telephone Company wil work
cooperatively with the customer to determine reasonable notification
requirements.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 20
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.8 Refusal and Discontinuance of Service
(A) Unless the provisions of 2.2.1(B) apply, if a customer fails to comply withthe provisions of this Tariff or other requirements agreed to by the
customer, including any payments to be made by it on the dates and
times herein specified, the Telephone Company may, on thirty (30) days
written notice by receipted delivery to the person designated by that
customer to receive such notices of noncompliance, refuse additional
applications for service and/or refuse to complete any pending orders for
service by the non-complying customer and/or discontinue the provision
of services at any time thereafter. Telephone Company reserves the right
to refuse service to any carrier whose use or continued use of the Service
would be materially adverse to the interest of the Telephone Company or
Interconnected Carriers.
If the Telephone Company does not refuse additional applications for
service on the date specified in the thirty (30) days notice, and the
customer's noncompliance continues, nothing contained herein shall
preclude the Telephone Company's right to refuse additional applications
for service by the non-complying customer without further notice.
(B) If the Telephone Company discontinues service, it wil no longer route
any traffic that uses the customer's Carrier Identification Code (CIC),
Local Routing Number (LRN), carrier owned NPA-NXX or any other
element used to route traffc. In the case of such discontinuance, all
applicable charges, including termination charges, if any, shall become
due. If the Telephone Company does not discontinue the provision of the
services involved on the date specified in the thirty (30) days notice, and
the customer's noncompliance continues, nothing contained herein shall
preclude the Telephone Company's right to discontinue the provision of
the services to the non-complying customer without further notice.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 21
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.8 Refusal and Discontinuance of Service (Contd)
(C) If the Company refuses or discontinues providing service pursuant to
this tariff or the Customer elects to discontinue receiving service
pursuant to this tariff, in an effort to preserve uninterrupted termination
of traffic and to avoid unnecessary disruptions in PSTN calling, the
Customer will maintain the existing interconnections for the purpose of
receiving traffic from the Company while the Company and Customer
negotiate a termination agreement to govern the interconnections.
The Company will be responsible for all costs associated with
delivering traffic to the existing point of interconnection. These terms
will continue to apply until such time as a termination agreement
under which the Customer wil receive traffic from the Company
becomes effective. The Customer and the Company wil use their
best endeavors to resolve promptly and in good faith all outstanding
issues in the negotiation of such an agreement, and wil escalate any
disputes to members of senior management. However, if the
Customer and the Company are unable to come to a resolution of
certain issues during the negotiation process, either the Customer or
the Company may at any time request arbitration, mediation or
assistance from the Commission or, if applicable, the Federal
Communications Commission, to resolve the remaining issues, in
accordance with the applicable commission's procedures. For
purposes of this provision, "providing/receiving service pursuant to
this tariff' includes services that are provided under a separate written
agreement that only incorporates the General Regulations section of
this tariff.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 22
SECTION 2: GENERAL REGULATIONS
2.1 Undertaking of the Telephone Company (Contd)
2.1.9 Limitation of Use of Metallc Facilities
Signals applied to a metallic facility shall conform to the limitations set forth in
Technical Reference Publication AS NO.1. In the case of application of dc
telegraph signaling systems, the customer shall be responsible, at its expense,
for the provision of current limiting devices to protect the Telephone Company
facilities from excessive current due to abnormal conditions and for the
provision of noise mitigation networks when required to reduce excessive
noise.
2.1.10 Notification of Service-Affecting Activities
The Telephone 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 facilties
additions, removals or rearrangements, routine preventative maintenance and
major switching machine change-out. Generally, such activities are not
individual customer service specific, they affect many customer services. No
specific advance notification period is applicable to all service activities. The
Telephone Company wil work cooperatively with the customer to determine
reasonable notification requirements.
2.1.11 Coordination with Respect to Network Contingencies
The Telephone Company intends to work cooperatively with the customer to
develop network contingency plans in order to maintain maximum network
capabilty following natural or man-made disasters which affect
telecommunications services.
2.1.12 Emergency Blocking
Customer agrees that if the Telephone Company, in its sole discretion,
determines that an emergency action is necessary to protect the Telephone
Company network or business, the Telephone Company may block any
transmission path over the Telephone Company network to Customer
transmissions that are needed to protect the integrity of the Telephone
Company network or business. Neither Party shall have any obligation to the
other Party for any claim, judgment or liability resulting from such blockage.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 23
SECTION 2: GENERAL REGULATIONS
2.2 Use
2.2.1 Interference or Impairment
(A) The characteristics and methods of operation of any circuits, facilties or
equipment provided by other than the Telephone Company and
associated with the facilities utilized to provide services under this tariff
shall not interfere with or impair service over any facilities of the
Telephone Company, its affilated companies, or its connecting and
concurring carriers involved in its services, cause damage to their plant,
impair the privacy of any communications carried over their facilties or
create hazards to the employees of any of them or the public.
(B) Except as provided for equipment or systems subject to the FCC Part 68
Rules in 47 C.F.R. Section 68.108, if such characteristics or methods of
operation are not in accordance with (A) preceding, the Telephone
Company wil, where practicable, notify the customer that temporary
discontinuance of the use of a service may be required; however, where
prior notice is not practicable, nothing contained herein shall be deemed
to preclude the Telephone Company's right to temporarily discontinue
forthwith the use of a service if such action is reasonable under the
circumstances. In case of such temporary discontinuance, the customer
will be promptly notified and afforded the opportunity to correct the
condition which gave rise to the temporary discontinuance. During such
period of temporary discontinuance, credit allowance for service
interruptions as set forth in 2.4.4 (A) and (B) following is not applicable.
2.2.2 Unlawful Use
The service provided under this tariff shall not be used for an unlawful purpose.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 24
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer
2.3.1 Damages
The customer shall reimburse the Telephone Company for damages to the
Telephone Company facilties utilized to provide services under this tariff
caused by the negligence or willful act of the customer or resulting from the
customer's improper use of the Telephone Company facilties, or due to
malfunction of any facilities or equipment provided by other than the Telephone
Company. The Telephone Company will, upon reimbursement for damages,
cooperate with the customer in prosecuting a claim against the person causing
such damage and the customer shall be subrogated to the right of recovery by
the Telephone Company for the damages to the extent of such payment.
2.3.2 Ownership of Facilities and Theft
Facilties utilzed by the Telephone Company to provide service under the
provisions of this tariff shall remain the property of the Telephone Company.
Such facilities shall be returned to the Telephone Company by the customer,
whenever requested, within a reasonable period following the request in as
good condition as reasonable wear will permit.
2.3.3 Equipment Space and Power
The customer shall furnish or arrange to have furnished to the Telephone
Company, at no charge, equipment space and electrical power required by the
Telephone Company to provide services under this tariff at the points of
termination of such services. The selection of ac or dc power shall be mutually
agreed to by the customer and the Telephone Company. The customer shall
also make necessary arrangements in order that the Telephone Company will
have access to such spaces at reasonable times for installing, testing,
inspecting, repairing or removing Telephone Company services. Customer
shall prepare its site for and accept delivery of any equipment before the
requested service start date. Customer shall provide reasonable access for
Carrier to install, maintain, or remove any equipment.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 25
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Cont'd)
2.3.4 Availabilty for Testing
The services provided under this tariff shall be available from the Telephone
Company at times mutually agreed upon in order to permit the Telephone
Company to make tests and adjustments appropriate for maintaining the
services in satisfactory operating condition. Such tests and adjustments shall
be completed within a reasonable time. No credit wil be allowed for any
interruptions involved during such tests and adjustments.
2.3.5 Balance
All signals for transmission over the services provided under this tariff shall be
delivered by the Customer balanced to ground except for ground start, duplex
(DX) and McCulloh Loop (Alarm System) type signaling and dc telegraph
transmission at speeds of 75 baud or less.
2.3.6 Design of Customer Services
Subject to the provisions of 2.1.7 preceding, the customer shall be solely
responsible, at its own expense, for the overall design of its services and for
any redesigning or rearrangement of its services which may be required
because of changes in facilities, operations or procedures of the Telephone
Company, minimum protection criteria or operating or maintenance
characteristics of the facilities.
2.3.7 References to the Telephone Company
The customer may advise End Users that certain services are provided by the
Telephone Company in connection with the service the customer furnishes to
End Users; however, the customer shall not represent that the Telephone
Company jointly participates in the customer's services.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 26
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.8 Claims and Demands for Damages
(A) With respect to claims of patent infringement made by third persons, thecustomer shall defend, indemnify, protect and save harmless the
Telephone Company from and against all claims arising out of the
combining with, or use in connection with, the services provided under
this tariff, any circuit, apparatus, system or method provided by the
customer.
(B) The customer shall defend, indemnify, protect and save harmless the
Telephone Company from and against any and all suits, claims, and
demands by third persons arising out of the construction, installation,
operation, maintenance, or removal of the customer's circuits, facilties, or
equipment connected to the Telephone Company's services provided
under this tariff, including, without limitation, Workmen's Compensation
claims, actions for infringement of copyright and/or unauthorized use of
program material, libel and slander actions based on the content of
communications transmitted over the customer's circuits, facilities or
equipment, and proceedings to recover taxes, fines, or penalties for
failure of the customer to obtain or maintain in effect any necessary
certificates, permits, licenses, or other authority to acquire or operate the
services provided under this tariff; provided, however, the foregoing
indemnification shall not apply to suits, claims, and demands to recover
damages for damage to property, death, or personal injury unless such
suits, claims or demands are based on the tortious conduct of the
customer, its offcers, agents or employees.
(C) The customer shall defend, indemnify and save harmless the TelephoneCompany from and against any suits, claims, losses or damages,
including punitive damages, attorney fees and court costs by the
customer or third parties arising out of any act or omission of the
customer in the course of using services provided under this tariff.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 27
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.9 Traffic Information
(A) Customer shall provide Signaling Data (as defined below) and shall not,
directly or indirectly, including in concert with a third party, strip, alter,
modify, add, delete, change, or incorrectly assign any Signaling Data.
Signaling Data shall, at a minimum, include information that accurately
reflects the geographic location of the end user that originated and/or
dialed the call, when including such information is technically feasible. For
purposes of this Agreement, Signaling Data includes, but is not limited to,
calling party number as defined in 47 C.F.R. Section 64.1600(c) ("CPN"),
Automatic Number Identification as defined in 47 C.F.R. Section
64.1600(b) ("ANI"), Charge Number as defined in 47 C.F.R. Section
64.1600(d), Jurisdictional Indicator Parameter ("JIP") and any other
signaling data that affects the terminating Party's ability to jurisdictionalize
traffic. If it is determined that customer has made any such change,
mask, manipulation alteration or modification, all of customer's traffc,
including prior traffc, will be re-rated to the highest tariff rate. Upon
request, Telephone Company will provide to Customer available
Signaling Data for traffic terminated to Customer.
(B) Where SS7 connections exist, customer wil include the original and trueLine Information, including the Calling Party Number (CPN), in the
information transmitted to the Telephone Company for each call
(C) If customer is passing Line Information but the Telephone Company is
not properly receiving information, the parties wil work cooperatively to
correct the problem.
(D) All calls exchanged without CPN information will be biled at the access or
transit rate, whichever is greater. For transit traffic, if the original and true
CPN is not received from the originating third party, the Telephone
Company cannot forward the CPN and wil not be billed as the default
originator.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 28
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Cont'd)
2.3.10 Jurisdictional Report Requirements*
(A) In this section the terms "trunk group" shall be assumed to also represent
a single line or trunk.
(B) Reporting by the customer of the expected jurisdictional use of services is
required because the Telephone Company cannot determine the actual
jurisdiction of the customer's usage from every type of call detail
recording. In some cases the Telephone Company cannot record the
customer's usage of the service at alL. The information reported by the
customer will be used by the Telephone Company in an effort to
determine the appropriate charges, as set forth in 2.3.11 following. The
customer must always report this information for those services or
portions of services for which the actual jurisdictional use cannot be
determined by Telephone Company.
*(Pursuant to Federal Communications Commission order FCC 85-145
released April 16, 1985, interstate usage is to be developed as though
every call that enters a customer network at a point within the same state
as that in which the called station (as designated by the called station
number) is situated is an intrastate communication and every call for
which the point of entry is in a state other than that where the called
station (as designated by the called station number) is situated is
interstate in nature.)
(1) When a customer orders a new Access Service, the customer shall, in
its order, state the proportion of the service which is to be provided for
interstate use. This proportion is the Percent for Interstate Use or PIU.
The customer can either specify one general PIU for the service
usage or the customer can specify an 800 terminating PIU and a
residual PIU. All PIUs shall be stated as whole number percentages. If
the customer chooses to report one general Percent for Interstate
Use, then the general PIU wil be the customer's best estimate of the
percentage of the total use of the trunk group that wil be interstate in
nature.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 29
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.10 Jurisdictional Report Requirements (Contd)
(B) (1) (Contd)
If the customer chooses to provide a separate 800 terminating PIU,
then that PIU wil be the customer's best estimate of the percentage of
the total 800 terminating use of the trunk group usage that wil be
interstate in nature. The residual PIU would then be the customer's
best estimate of the percentage of the total trunk group usage that wil
not be 800 terminating usage and wil be interstate in nature.
The reported Percentage(s) for Interstate Use PIU(s) will be used in
the determination of all interstate and intrastate charges for the trunk
group, as set forth in 2.3.11 following, as well as for the associated
charges for transport and port charges. The PIU(s) remains in effect
until it is superseded by a revised PIU(s), as set forth in (3) following.
When the customer determines that any currently effective PIU(s) for
one or more trunk groups is no longer accurate, the customer shall
report a revised PIU(s) for each trunk group. The customer can report
the new PIU(s) to the Telephone Company in writing. The report must
clearly identify each trunk group, the account number under which it is
billed, and both the current and revised PIU(s). The revised PIU(s) will
become effective on the first day of the next monthly billing period that
begins at least 15 business days after the day on which the customer
reports the revised PIU(s) to the Telephone Company. No revisions to
bils preceding the effective date of the revised PIU(s) wil be made
based on this report.
(2) When a customer orders Transit Service, the customer shall, in its
order, state the proportion of the service which is to be provided for
interstate use, if any, for each trunk group. This proportion is the
Percent for Interstate Use or PIU. All PIUs shall be stated as whole
number percentages.
If the customer chooses to report one general Percent for Interstate
Use for all its trunk groups, then this general PIU wil be the
customer's best estimate of the percentage of the total Transit usage,
that will be interstate in nature. The residual PIU wil be the
customer's best estimate of the percentage of the total Transit usage
that wil be interstate in nature.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 30
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.10 Jurisdictional Report Requirements (Contd)
(B) (Contd)
(3) Identifying Transit and Access Services. When a customer orders
trunk group for Tandem Service, the customer shall, in its order, state
the anticipated proportion of the service that is to be Transit Service
versus Access Service.
If the customer chooses to report one general Percent of Transit
Versus Access, then this general PTV A wil be the customer's best
estimate of the percentage of the total service usage, for each trunk
group, that wil be Transit Service versus Access Service in nature.
This estimate should not include any usage types for which the
Telephone Company is able to derive Call Classification from call
detail recording. When the customer determines that any currently
effective PTV A is no longer accurate, the customer shall report a
revised PTVA. The customer can report the new PTVA(s) to the
Telephone Company in writing or via magnetic tape. The report must
clearly identify each trunk group it is to be applied to, the account
number under which it is billed, and both the current and revised
PTVA(s). This revised PTVA(s) wil become effective on the first day
of the next monthly billng period which begins at least 15 business
days after the day on which the customer reports the revised PTVA(s)
to the Telephone Company. No revisions to bils preceding the
effective date of the revised PTVA(s) will be made based on this
report.
The reported PTVA(s) wil be used in the determination of charges for
Transit and Access Services, as well as for the associated charges for
transport and port charges.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 31
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.10 Jurisdictional Report Requirements (Contd)
(B) (Contd)
(4) NPA-NXX Surrogate
If the customer's end users utilize NPA-NXXs from outside of a local
market to terminate Transit calls, customer shall report a NPA-NXX
Surrogate, which shall be customer's estimate of Transit traffc that
appears to be access traffic. For example, a cellular end user with an
NPA-NXX different than the market in which the end user is roaming
and terminating a Transit call or an end user assigned an NPA-NXX
from a market different than the market in which the end user is
terminating Transit calls.
(5) Call Classification Report Verification
If a billing dispute arises or a regulatory commission questions the
PIU or PTVA, the Telephone Company wil ask the customer to
provide the data the customer uses to determine the PIU or PTVA.
The customer shall supply the data within 15 days of the Telephone
Company request. The customer shall keep records of call detail,
including not altering directly or indirectly with a third party call
origination or termination data from which the Call Classification can
be ascertained. Upon request of the Telephone Company, customer
shall make the records available for inspection as reasonably
necessary for purposes of verification. Requests for verification shall
be limited to no more than two per year, except in extreme
circumstances. Audits may be conducted by independent auditors if
the Telephone Company and the customer or the customer alone is
wiling to pay the expenses of the audit.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 32
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.11 Determination of Interstate Charges for Mixed Interstate and Intrastate Tandem
Service
When mixed interstate and intrastate Service is provided, all charges (i.e.,
nonrecurring, monthly and/or usage) including the associated charges for
transport and port charges and optional features, wil be prorated between
interstate and intrastate. The Percentage for Interstate Use PIU(s) reported as
set forth in 2.3.10 preceding will serve as the basis for prorating the charges.
The percentage of a Tandem Service to be charged as interstate is applied in
the following manner:
(A) For monthly and nonrecurring chargeable rate elements
(1) Tandem Services Except Direct-Trunk Transport Facilities or Entrance
Facilities
Multiply the general PIU or the residual PIU, if the customer has
chosen to provide usage type PIUs, times the quantity of chargeable
elements times the stated applicable tariff rate per element
(2) Direct-Trunked Transport Facilities and Entrance Facilities
Multiply the Direct-Trunked Transport Facility or Entrance Facility PIU,
times the quantity of chargeable elements times the stated applicable
tariff rate per element.
(B) For all Tandem Services usage sensitive chargeable rate elements:
(1) If the actual jurisdiction of the usage can be identified, multiply the
actual measured use that is identified by jurisdiction times the
applicable stated tariff rate.
(2) If the customer has chosen to provide one general PIU for all usagetypes, then multiply the general PIU times actual usage (i.e.,
measured or Telephone Company assumed average usage) which
cannot be jurisdictionally identified times the stated tariff rate. If the
customer has chosen to provide separate usage type PIUs and the
residual PIU, then multiply the usage type PIU or the residual PIU
times the corresponding actual usage type minutes of use times the
stated applicable tariff rate.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 33
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.12 Certification of Tandem Services As Intrastate
(A) Determination of Jurisdiction of Tandem Service
Jurisdiction refers to the classification of a service as interstate (subject to
the jurisdiction of the Federal Communications Commission) or as
intrastate (subject to the jurisdiction of a state regulatory body). Pursuant
to the Decision and Order by the Federal Communications Commission in
CC Dockets No. 78-72 and 80-286, released July 20, 1989, the
jurisdiction of a Tandem Service wil be determined as follows:
If the customer determines that the interstate traffic on the service
involved constitutes more than ten percent (10%) of the total traffic on
that service, the service will be provided in accordance with the applicable
rules and regulations of Neutral Tandem, Inc. Tariff F.C.C. NO.1.
(B) Jurisdictional Use Certification Requirement
When a customer orders a service from this tariff, the customer shall
certify in its order that the service meets the requirements for
classification as intrastate. The customer shall be responsible for advising
the Telephone Company of any changes in such classification.
2.3.13 Determination of Charges for Mixed Transit and Access Service
When mixed Transit and Access Service is provided, all charges (i.e.,
nonrecurring, monthly and/or usage) including the associated charges for
transport and port charges and optional features, wil be prorated between
Transit and Access Service. The PTVA(s) reported as set forth in 2.3.10
preceding will serve as the basis for prorating the charges when actual call
classification cannot be determined. The charges will be applied in the
following manner:
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 34
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.13 Determination of Charges for Mixed Transit and Access Service (Contd)
(A) For monthly and nonrecurring chargeable rate elements
(1) Tandem Services Except Direct-Trunk Transport Facilties or Entrance
Facilities
Multiply the general PTV A or the residual PTV A, if the customer has
chosen to provide usage type PTV As, times the quantity of
chargeable elements times the stated applicable (Le., Access versus
Transit) tariff rate per element
(2) Direct-Trunked Transport Facilities and Entrance Facilities
Multiply the Direct-Trunked Transport Facilty or Entrance Facilty
PTVA, times the quantity of chargeable elements times the stated
applicable (Le., Access versus Transit) tariff rate per element.
(B) For all Tandem Services usage sensitive chargeable rate elements:
(1) If the actual jurisdiction of the usage can be identified, multiply the
actual measured use which is identified as Transit and Access
Services times the stated applicable tariff rate. If the customer has
provided a NPA-NXX Surrogate, then for that percentage of traffc,
customer shall also be biled the difference, if any, between the usage
rate for Transit Service and the usage rate for Access Service. For
intrastate Access Services, if the rate for intraLA TA or intraMSA
service is different than the rate for interLATA or interMSA service,
then the applicable rate for each wil also be applied based on the
actual jurisdiction of the usage data.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 35
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.13 Determination of Charges for Mixed Transit and Access Service (Contd)
(B) For all Tandem Services usage sensitive chargeable rate elements:
(Contd)
(2) If the customer has chosen to provide one general PTV A for all usage
types, then multiply the general PTVA times actual usage (i.e.,
measured or Telephone Company assumed average usage) for which
the Call Classification cannot be determined times the stated
applicable tariff rate. If the customer has chosen to provide separate
usage type PTV As and the residual PTV A, then multiply the usage
type PTV A or the residual PTV A times the corresponding actual
usage type minutes of use times the stated applicable tariff rate. For
intrastate Access Services, if the rate for intraLA TA service is different
than the rate for InterLATA service and the actual jurisdiction of the
usage data cannot be determined, then the customer shall provide the
estimated percentage of intrastate intraLATA use (PILU). This
percentage is stated as a whole number percentage that is the
customer's best estimate 01 the percentage of the total use of the
intrastate Access Service that will be intrastate intraLA TA in nature
versus intrastate interLA TA in nature. It shall be the customer's
responsibility to update the PIIU for any changes.
2.3.14 Certification of Tandem Services As Access and Transit
(A) Determination of Call Classification
Call Classification is the classification of traffic as Access Service or as
Transit Service. If a call cannot be classified by its call record data, and a
PTVA has not been provided, then the call wil be rated at the highest
tariff rate assessable for Access Service or Transit Service.
(B) Call Classification Certification Requirement
When a customer orders a Tandem Service from this tariff, the customer
shall certify in its order that the traffic it is sending via the Tandem Service
meets the requirements for Call Classification as Access and/or Transit
Service. The customer shall be responsible for advising the Telephone
Company of any changes in such classification.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 36
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Cont'd)
2.3.15 Forecasts
Customer shall exchange technical descriptions and forecasts of its
interconnection and traffc requirements, including without limitation, switch
specific BHMC quantities, in suffcient detail necessary to establish the
interconnections required to assure traffic completion to and from all End
Users in their respective designated service areas.
2.3.16 Coordination with Respect to Network Contingencies
The customer shall, in cooperation with the Telephone Company, coordinate in
planning the actions to be taken to maintain maximum network capability,
including following natural or manmade disasters which affect
telecommunications services.
2.3.17 Updating Data Bases
The Telephone Company and customer shall use the Local Exchange Routing
Guide (LERG) to provision the appropriate NPA NXXs. Customer shall be
responsible for updating its routing tables and internal databases to reflect
changes in the Telephone Company profile and terminations.
2.3.18 Resale of Services
Customer agrees not to resell the Telephone Company service in any manner
without prior written consent of the Telephone Company.
2.3.19 Compliance with Laws
Customer shall comply with all applicable laws and regulations in its use of the
service. Customer is solely responsible for all products and services it provides
to its End Users and to other carriers.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 37
SECTION 2: GENERAL REGULATIONS
2.3 Obligations of the Customer (Contd)
2.3.20 Exchange of Traffic and Information
All facilities interconnected to the Telephone Company by Customer shall be
two-way in nature, unless otherwise agreed in writing by the Telephone
Company. Customer shall accept both originating and terminating traffic from
the Telephone Company. At all times, Customer shall provide facilties within its
network that are necessary for routing, transporting, measuring, and billng of
traffic originated by other customers of the Telephone Company and for
delivering traffic to the Telephone Company for termination to other carriers.
Customer shall transmit traffic in the standard format compatible with the
Telephone Company's network as referenced in Telcordia BOC Notes on LEC
Networks Practice No. SR-TSV-002275, and terminate the traffic it receives in
that standard format to the proper address on its network. Customer shall
exercise best efforts in responding to requests by the Telephone Company to
install additional facilities and capacity with the customer to accommodate
traffic volumes and maintain the highest network quality standards. Customer
agrees that Telephone Company may share certain customer information with
other customers of the Telephone Company for the sole purpose of providing
service.
2.3.21 Non-Authorized Traffic
Customers agree to not send Carrier Non-Authorized Traffic (Le., traffc that is
not Transit and Access traffc, including 911, 411, 976, directory assistance,
and 0+ operator services local calls). Telephone Company wil block any Non-
Authorized Traffic sent to the Telephone Company switches and wil have no
obligation to carry such traffic. Customer wil not send to the Telephone
Company local traffic that is destined for the network of a third party carrier
unless Customer has the authority to exchange traffic with that carrier.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 38
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances
2.4.1 Payment of Rates, Charges and Deposits
(A) The Telephone Company wil, in order to safeguard its interests, require acustomer which has a history of late payments or does not have
acceptable credit, to make a deposit prior to or at any time after the
provision of a service to the customer to be held by the Telephone
Company as a guarantee of the payment of rates and charges. No such
deposit will be required of a customer which is a successor of a company
which has established credit with the Telephone Company and has no
history of late payments to the Telephone Company. Such deposit may
not exceed the estimated rates and charges for the service for a two-
month period. The fact that a deposit has been made in no way relieves
the customer from complying with the Telephone Company's regulations
as to the prompt payment of bils. At such time as the provision of the
service to the customer is terminated, the amount of the deposit wil be
credited to the customer's account and any credit balance that may
remain will be refunded.
Such a deposit wil be refunded or credited in any event to the account
when the customer has acceptable credit or after the customer has
established a one-year prompt payment record with no late payments at
any time prior to the termination of the provision of the service to the
customer. In case of a cash deposit, for the period the deposit is held by
the Telephone Company, the customer wil receive interest at the same
percentage rate as that set forth in (C) following. Simple interest wil be
applied to the rate for the number of days from the date the customer
deposit is received by the Telephone Company to and including the date
such deposit is credited to the customer's account or the date the deposit
is refunded by the Telephone Company. Should a deposit be credited to
the customer's account, as indicated above, no interest wil accrue on the
deposit from the date such deposit is credited to the customer's account.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 39
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.1 Payment of Rates, Charges and Deposits (Contd)
(B) The Telephone Company shall bil all charges incurred by and credits due
to the customer under this tariff attributable to services. In addition, the
Telephone Company shall bill in advance charges for all services to be
provided during the ensuing billing period except for charges associated
with service usage will be billed in arrears.
The Telephone Company wil establish a bil day each month for each
customer account. The bil wil cover non-usage sensitive service charges
for the ensuing biling period for which the bil is rendered, any known
unbiled non-usage sensitive charges for prior periods and unbiled usage
charges for the period after the last bill day through the current bil day.
Any known un biled usage charges for prior periods and any known
unbiled adjustments wil be applied to this bilL. Payment for bills is due as
set forth in (C) following. If payment is not received by the payment date,
as set forth in (C) following in immediately available funds, a late payment
penalty wil apply as set forth in (C) following
(C) All bils dated as set forth in (B) preceding for service are due 30 days
(payment date) after the bill day or by the next bil date (i.e., same date in
the following month as the bill date) whichever is the shortest interval,
except as provided herein, and are payable in immediately available
funds. If such payment date would cause payment to be due on a
Saturday, Sunday or Holiday (i.e., New Year's Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day, and a day when Martin
Luther King Day, Washington's Birthday, Memorial Day, Columbus Day
and Veterans Day are legally observed), payment for such bils will be
due from the customer as follows:
(1) If such payment date falls on a Sunday or on a Holiday which is
observed on a Monday, the payment date shall be the first non-
Holiday day following such Sunday or Holiday. If such payment date
falls on a Saturday or on a Holiday which is observed on Tuesday,
Wednesday, Thursday or Friday, the payment date shall be the last
non-Holiday day preceding such Saturday or Holiday.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 40
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.1 Payment of Rates, Charges and Deposits (Contd)
(C)(1) (Contd)
Further, if any portion of the payment is received by the Telephone
Company after the payment date as set forth in (a) preceding, or if
any portion of the payment is received by the Telephone Company in
funds which are not immediately available to the Telephone
Company, then a late payment penalty shall be due to the Telephone
Company. The late payment penalty shall be the portion of the
payment not received by the payment date times a late factor. The
late factor shall be the lesser of:
(2) the highest interest rate (in decimal value) which may be levied by law
for commercial transactions, applied on a simple interest basis for the
number of days from the payment due date to and including the date
that the customer actually makes the payment to the Telephone
Company, or
(3) 0.000493 per day, (annual percentage rate of 18.0% applied on a
simple interest basis for the number of days from the payment date to
and including the date that the customer actually makes the payment
to the Telephone Company.
(D) In the event that a biling dispute concerning any charges biled to the
customer by the Telephone Company is resolved in favor of the
Telephone Company, any payments withheld pending settlement of the
dispute shall be subject to the late payment penalty set forth in (C)
preceding. If the customer disputes the bil on or before the payment date,
and pays the undisputed amount on or before the payment date, any late
payment charge for the disputed amount will not start until 10 working
days after the payment date. If the billing dispute is resolved in favor of
the customer, no late payment penalty wil apply to the disputed amount.
If the customer disputes the billed amount and the billing dispute is
resolved in the favor of the customer, the customer will receive a refund
for any amount overpaid plus interest if applicable as described below.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 41
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Cont'd)
2.4.1 Payment of Rates, Charges and Deposits (Cont'd)
(D) (Cont'd)
If a customer has overpaid because of a biling error, a refund in the
amount of the overpayment wil be made to the customer. If a claim for a
refund pertaining to the overpayment was submitted by the customer
within six months of the payment date, interest on the refund will be paid
to the customer from the date of the overpayment to and including the
date on which the refund is made to the customer. The interest rate will
be 0.000493 per day (annual percentage rate of 18.0%), applied on a
simple interest basis. Refunds wil be made by crediting the customer's
account.
(E) Adjustments for the quantities of services established or discontinued in
any billng period beyond the minimum period set forth for services in
other sections of this tariff will be prorated to the number of days or major
fraction of days based on a 30 day month. The Telephone Company wil,
upon written request and if available, furnish such detailed information as
may reasonably be required for verification of any bilL.
(F) When a rate as set forth in this tariff is shown to more than two decimal
places, the charges will be determined using the rate shown. The
resulting amount will be rounded to the nearest penny (i.e., rounded to
two decimal places).
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 42
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.1 Payment of Rates, Charges and Deposits (Contd)
(G) Customer shall pay to the Telephone Company all taxes and fees that are
associated with Customer's lease, use or purchase of the Services, or
any other transaction hereunder, including, but not limited to, any sales,
use, federal excise or similar taxes, franchise fees, right-of-way fees,
license fees and surcharges. All such taxes and fees shall be stated
separately on Customer's invoices. To the extent Customer claims
exemption from any tax or fee, Customer must provide a valid exemption
certificate. Customer agrees to pay and to hold the Telephone Company
harmless from and against any penalty, interest, additional tax, or other
charge that may be levied or assessed as a result of a delay or failure of
Customer, for any reason, to pay any tax or fee charged to Customer by
the Telephone Company.
(H). Customer shall be liable for the payment of all fees and expenses
(including, without limitation, attorney's fees and expenses, costs ofinvestigation, and costs of litigation) reasonably incurred by the
Telephone Company in collecting, or attempting to collect, any charges
owed hereunder, including, without limitation, charges for services
provided by the Telephone Company.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 43
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.2 Minimum Periods
The minimum period for which services are provided and for which rates and
charges are applicable is one month except for those services ordered with a
longer minimum term. .
When a service is discontinued prior to the expiration of the minimum period,
charges are applicable, whether the service is used or not, as follows:
(A) When a service with a one-month minimum period is discontinued prior to
the expiration of the minimum period, a one-month charge wil apply at
the rate level in effect at the time service is discontinued.
(B) When a service with a minimum period greater than one month is
discontinued prior to the expiration of the minimum period, the applicable
charge wil be the total monthly charges, at the rate level in effect at the
time service is discontinued, for the remainder of the minimum period,
unless otherwise expressly specified under the terms of the written
service order.
2.4.3 Cancellation of an Order for Service
Provisions for the cancellation of an order for service are established in the
service order.
2.4.4 Credit Allowance for Service Interruptions
(A) General
A service is interrupted when it becomes unusable to the customer
because of a failure of a facility component used to furnish service under
this tariff or in the event that the protective controls applied by the
Telephone Company result in the complete loss of service by the
customer, through no fault of the customer directly or indirectly. An
interruption period starts when an inoperative service is reported to the
Telephone Company, and ends when the service is operative.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 44
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.4 Credit Allowance for Service Interruptions (Contd)
(B) When a Credit Allowance Applies
In case of an interruption to any service, allowance for the period of
interruption, if not due to the negligence of the customer or the customer's
end user shall be as follows:
(1) For Dedicated Services, except as specified in the written service
order, no credit shall be allowed for an interruption of less than 30
minutes. The customer shall be credited for an interruption of 30
minutes or more at the rate of 1/1440 of the monthly charges for
the facilty or service for each period of 30 minutes or major
fraction thereof that the interruption continues for all services
except as described herein. The Telephone Company may require
joint out of service testing between the customer and the
Telephone Company for investigation and correction of the
interruption.
(2) For interruptions of Services other than those provided for in
2.4.4.(B).(1)., the customer shall be credited for an interruption of
24 hours or more at the rate of 1/30 of the applicable fixed monthly
rates, if any.
(3) The credit allowance(s) for service interruptions in any month shall
not exceed applicable fixed monthly rates for that month for that
particular rate element. An interruption period starts when an
inoperative service is released by the customer to the Telephone
Company for testing/repair and ends when the service is operative.
The customer must make an inoperative circuit available for testing
by the Telephone Company and provide access as needed.
Suspension of the calculated interruption period wil occur when
access to the customer premises cannot be gained or the
customer does not release the circuit experiencing trouble.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 45
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Cont'd)
2.4.4 Credit Allowance for Service Interruptions (Cont'd)
(B)(1) When a Credit Allowance Applies (Cont'd)
(4) No credit shall be allowed for interruptions required to perform
preventative or routine maintenance, or to perform software
updates when the customer has been notified at least 24 hours
prior to such occurrences.
(5) The monthly charges used to determine the credit shall be the
recurring, non-usage sensitive charges associated with that rate
element (less any credits) that is inoperative.
(C) When A Credit Allowance Does Not Apply
No credit allowance wil be made for:
(1) Interruptions caused by the negligence of the customer.
(2) Interruptions of a service due to the failure of equipment or systems
provided by the customer or others.
(3) Interruptions of a service during any period in which the Telephone
Company is not afforded access to the premises where the service is
terminated.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 46
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.4 Credit Allowance for Service Interruptions (Contd)
(C) When a Credit Allowance Does Not Apply (Contd)
(4) Interruptions of a service when the customer has released that service
to the Telephone Company for maintenance purposes, to make
rearrangements, or for the implementation of an order for a change in
the service during the time that was negotiated with the customer prior
to the release of that service.
(5) Periods when the customer elects not to release the service for
testing and/or repair and continues to use it on an impaired basis.
(6) An interruption or a group of interruptions, resulting from a common
cause, for amounts less than one dollar.
(D) Use of an Alternative Service Provided by the Telephone Company
Should the customer elect to use an alternative service provided by the
Telephone Company during the period that a service is interrupted, the
customer must pay the tariffed rates and charges for the alternative
service used.
(E) Temporary Surrender of a Service
In certain instances, the customer may be requested by the Telephone
Company to surrender a service for purposes other than maintenance,
testing or activity relating to a service order. If the customer consents, a
credit allowance wil be granted. The credit allowance will be 1/1440 of
the monthly rate for each period of 30 minutes or fraction thereof that the
service is surrendered. In no case wil the credit allowance exceed the
monthly rate for the service rendered in anyone monthly billng period.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 47
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.5 Reestablishment of Service Following Fire, Flood or Other Occurrence
(A) Nonrecurring Charges Do Not Apply
Charges do not apply for the reestablishment of service following a fire,
flood or other occurrence attributed to an Act of God provided that:
(1) The service is for the same customer.
(2) The service is at the same location on the same premises.
(3) The reestablishment of service begins within 60 days after Telephone
Company service is available. (The 60 day period may be extended a
reasonable period if the renovation of the original location on the
premises affected is not practical within the allotted time period).
(4) The services are the same type as those provided prior to the
occurrence.
(5) The customer is current for all charges for services.
(B) Nonrecurring Charges Apply
Nonrecurring Charges apply for establishing service at a different location
on the same premises or at a different premise pending reestablishment
of service at the original location.
2.4.6 Title or Ownership Rights
The payment of rates and charges by customers for the services offered under
the provisions of this tariff does not assign, confer or transfer title or ownership
rights to proposals or facilties developed or utilized, respectively, by the
Telephone Company in the provision of such services.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 48
SECTION 2: GENERAL REGULATIONS
2.4 Payment Arrangements and Credit Allowances (Contd)
2.4.7 Ordering, Rating and Biling of Access Services Where More Than One
Exchange Telephone Company is Involved
(A) When a Dedicated Service is ordered by a customer where one end of the
service is in one Exchange Telephone Company operating territory and the
other end is in another Exchange Telephone Company operating territory,
each Exchange Telephone Company involved wil receive a copy of the
order and will arrange to provide its portion of the service
(8) All switched services, including Tandem Services, shall be provided on a
Meet Point basis, with each carrier billng their services separately in
accordance with their applicable tariffs and regulations.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 49
SECTION 3: SERVICE DESCRIPTIONS
3.1 Tandem Service
3.1.1 Tandem Services are comprised of Transit and Access Services.
3.1.2 All facilities installed for provisioning Tandem Services are bi-directional, two-way
in nature, unless expressly agreed to by the Telephone Company. Customer
ordering Transit Service agrees to accept additional facilities to accommodate
traffic volume at reasonable fill rates.
3.1.3 Customer must be authorized to send traffic to third party Interconnected
Common Carriers prior to delivering traffic to such parties using the Tandem
Service.
3.1.4 In the event Customer sends traffic through the Telephone Company to a carrier
with whom customer does not have a traffic exchange agreement, Customer wil
indemnify the Telephone Company against any and all charges levied by such
third party carrier, including any charges related to such traffc and any attorneys
fees and expenses.
3.1.5 The Terminating Carrier and the Telephone Company wil bil their respective
portions of the charges directly to the Originating Carrier, and neither the
Terminating Carrier nor the Telephone Company will be required to function as a
billing intermediary, e.g. clearinghouse.
3.1.6 The Terminating Carrier shall not bil the Telephone Company for terminating any
Tandem Service traffic, whether identified or unidentified, Le. whether the
Telephone Company is sent CPN or is not sent CPN by the originating company.
3.1.7 Customer agrees to send Telephone Company only On-Net traffic and wil, as
necessary, update its routing tables to include all Telephone Company updates,
including, but is not limited to:
(A) Information regarding a new Interconnected Carrier, including NPA NXX
and LRN information;
(B) Information regarding an Interconnected Carrier opening a new exchange
or LRN; and
(C) Information regarding ports of 1000 block of numbers.
3.1.8 Customer agrees to properly route all calls to the Telephone Company
("Translation"). Any call transmitted by Customer without Translation will
cause customer to incur an additional charge for such service and wil risk
successful call delivery.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 50
SECTION 3: SERVICE DESCRIPTIONS
3.2 Transit Service
3.2.1 Transit Service allows an Originating Carrier to send all Section 251 (b)(5)
Traffic, ISP-Bound Traffic, IntraLATA Toll Traffic (not delivered via IXC), CMRS
IntraMTA Traffic and/or 800 IntraLATA Toll Traffic to a Terminating Carrier
through the Telephone Company tandem. A Transit rate element applies to all
MOUs transmitted over the Telephone Company network. Transit Service does
not include 911, 411, 976, 311, 611, 500, 950, Directory Assistance, 0+ local,
and 0+ operator services. Notwithstanding any other provision, Customer
appoints Telephone Company to act on its behalf for the limited purpose of
establishing arrangements for the termination of Transit Traffic to Terminating
Carriers. This authority is limited to the establishment of the technical and
operational aspects of such arrangements.
Regional Transit Service (RTS) is an optional service that provides a more
operationally efficient method of transiting traffic between Customers. RTS
expands traditional transit service areas to include the aggregate coverage
areas of both the originating and terminating customer switches.
At the request of the Customer, Telephone Company wil provide electronic
terminating Transit billng records to the Customer to assist in their billng
process. The records wil be provided in standard EMI format and wil be
delivered to the Customer either weekly or monthly utilzing an electronic
delivery method negotiated on a case by case basis. Rates are listed in section
4.1.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 51
SECTION 3: SERVICE DESCRIPTIONS
3.2 Transit Service (Cont'd)
3.2.2. Transit Diagram
Carrier Switch A is the Originating Carrier
Carrier Switch B is the Terminating Carrier
Call Direction
:a
End-u
Neual
CalTer Tandem
SWitch Swich CalTer
A Switch -Tanem B Endser_11
~
1 1
-user
Dedicated Access Oedicated Access
3.2.3 Customer is responsible for compliance with all third party traffic termination
arrangements, including primary toll carrier agreements, and optional and/or
extended calling area plans.
3.2.4 Customer, the Originating Carrier, wil be charged a Tandem Transit MOU
charge for all Transit traffic delivered to the Telephone Company, including On-
Net and Off-Net traffic, except as provided in 3.2.5 below. The Tandem Transit
MOU charge may differ based on the Exchange of the terminating number.
3.2.5 If the Company re-routes an On-Net call to an Alternate Transit Tandem due to
a third party failure, the Company may be charged a tandem transit MOU
charge by the Alternate Transit Tandem company. If the Company is charged
a tandem transit MOU charge by the Alternate Transit Tandem company, the
Customer wil not be charged a Tandem Transit MOU by the Company, but wil
be charged the same Tandem Transit MOU charge that the Company is
charged by the Alternate Transit Tandem company.
3.2.6 Transit Service shall be on a Meet Point Billng ("MPB"), with the Terminating
Carrier and the Telephone Company biling their respective portions of the
charges directly to the Originating Carrier, and neither the Terminating Carrier
nor the Telephone Company will be required to function as a billng
intermediary, e.g. clearinghouse.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 52
SECTION 3: SERVICE DESCRIPTIONS
3.3 Access Service
3.3.1 Access Service enables Interconnected Carriers to originate and terminate Toll
Service and does not include 911, 411, 976, 311, 611, 500, 950, Directory
Assistance, 0+ local, and 0+ operator services.
3.3.2 Access Diagram
Originating Access
Neutral
Tandem
Switch--Carrier
Switch
A
IXC
Switch
--.,
1
Tandem
Swiching
1
To IXC Network
Dedicated Access Dedicated Access
Terminating Access
Neutral
Tandem-..Carner Switch IXC -4
11 Switch Switch
A Tandem
Switching From IX
1 1
C Network
Dedicated Access Dedicated Access
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 53
SECTION 3: SERVICE DESCRIPTIONS
3.3 Access Service (Contd)
3.3.3 Customer is responsible for compliance with all third party traffic termination
arrangements, including primary toll carrier agreements, and optional and/or
extended callng area plans.
3.3.4 Customer for Access Service will be charged a MOU charge for all Access
Service traffic delivered to the Telephone Company, including On-Net and Off-
Net traffic, except as provided in 3.3.5 below
3.3.5 Customer for Access Service is the Toll Service provider, except if the
Originating Carrier routes Off-Net traffc to the Telephone Company, then
Access Services charges wil be applied to the Originating Carrier.
3.3.6 Access Service shall be on a Meet Point Billng ("MPB"), with the Terminating
and Originating Carriers and the Telephone Company billing their respective
portions of the charges directly to the Toll Service provider, and neither the
Terminating and Originating Carriers nor the Telephone Company will be
required to function as a billing intermediary, e.g. clearinghouse.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 54
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation
Unless otherwise specified herein, the general regulations specified in Section 2 apply
and are in addition to the regulations for collocation specified in this tariff. Rates and
charges for the individual collocation arrangements are contained in Section 4.4.
3.4.1 General
(A) Collocation provides for access to central office cross connect points that
wil serve as a point of interconnection for the exchange of traffc with the
Telephone Company.
(B) Connection to physical collocation or cageless collocation is available
through fiber optic facilities, or leased facilties of a third party.
3.4.2 Forecasting and Forecast Requirements
(A) Forecast Requests - The Telephone Company wil request from the
Customer, forecasts on a semiannual basis, with each forecast covering a
two-year period. The Customer will be required to update the near-term
(six month) forecasted application dates. Information requested will
include central office, month applications are expected to be sent,
requested in-service month, and square footage required. For augments,
the Customer may elect to substitute alternative Common Language
Location Identifier codes within a LATA for the forecasted demand.
(1) If the Telephone Company has a written guarantee of reimbursement,
it wil examine forecasts for offices in which it is necessary to condition
space, and discuss these forecasts with Customer to determine the
required space to be conditioned.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P .U.C. No.1
Original Sheet 55
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.2 Forecasting and Forecast Requirements (Contd)
(A) Forecast Requests (Contd)
(2) If the Telephone Company commits to condition space based onforecasts, Customer will give the Telephone Company a non-
refundable deposit equal to the application fee.
(3) The Telephone Company wil perform initial reviews of requested
central offices forecasted for the next six months to identify potential
problem sites.
(4) The Telephone Company wil consider forecasts in staffing decisions.
(5) The Telephone Company wil enter into planning discussions with
forecasting Customer to validate forecasts, discuss flexibility in
potential trouble areas, and assist in application preparation.
(B) The Telephone Company wil aggregate data received in Customer
forecasts and provide Customer with information which includes the
central offices requested, the number of applications for each central
office, and any previously known space constraints.
(C) Unforecasted demand (including augments) wil be given a lesser priority
than forecasted demand. The Telephone Company wil make every
attempt to meet standard intervals for unforecasted requests. However, if
unanticipated requests push demand beyond the Telephone Company's
capacity limits, the Telephone Company wil negotiate longer intervals as
required (and within reason).
(D) Interval adjustments wil be discussed with the Customer at the time the
application is received. In general, if forecasts are received less than two
months prior to the application date, the interval start day may be
postponed as follows:
(1) No Forecast Received-Interval start date commences two months
after application receipt date.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 56
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.2 Forecasting and Forecast Requirements (Contd)
(D) (Contd)
(2) Forecast Received One Month or Less Prior to Application Receipt
Date - Interval start date commences two months after application
receipt date.
(3) Forecast Received Greater than One Month and Less Than TwoMonths Prior to Application Receipt Date - Interval start date
commences one month after application receipt date.
(4) Forecast Received Two Months or More Prior to Application Receipt
Date - Interval start date commences on the application receipt date.
(E) The Telephone Company wil inform all forecasting Customers of the total
square footage available and the total number of Customers requesting
space in that central office. The Telephone Company wil offer each
Customer an equal share of the central office space, and request
applications immediately, with appropriate fees, to reserve the space. The
Customers will have one month to respond. If a Customer does not
respond within the specified time, its apportioned share wil be allocated
evenly among those that do respond
(F) If there is not enough space available to provide all requesting Customers
with a minimum configuration (i.e., 25 square feet), a drawing for the
space will be held. The Telephone Company wil inform each Customer of
the number of requesting Customers and the quantity of Customers that
can be accommodated in the available space. The Telephone Company
will request applications immediately, with appropriate fees, to enter the
drawing. Each Customer wil have one month to respond or be ineligible
for the drawing. Applications and associated fees will be returned to those
not selected in the drawing.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 57
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.3 Termination of Arrangement
(A) The Telephone Company shall have the right to terminate a collocation
arrangement at any time with respect to any area(s) of the Telephone
Company central offce premises which becomes the subject of a taking
by eminent authority having such power. The Telephone Company shall
notify the Customer of such termination immediately after it receives
notice of the taking. The Customer shall have no claim against the
Telephone Company for any relocation expenses, any part of any award
that may be made for such taking or value of any unexpired arrangement
that results from a termination by the Telephone Company under this
provision, or any loss of business from full or partial interruption or
interference due to any such termination
(B) If at anytime the Telephone Company reasonably determines that any
Customer's facilities or equipment or the installation of the Customer's
facilties or equipment does not meet the requirements of these terms and
conditions, the Customer wil be responsible for the costs associated with
the removal or modifications of such facilties to render it compliant. If the
Customer fails to correct any non-compliance with these standards within
15 days' written notice, the Telephone Company may have the facilties or
equipment removed or the condition corrected at the Customer's
expense, subject to the collocation dispute resolution procedures.
(C) If the Telephone Company reasonably determines that any Customer's
activities, equipment or facilities are unsafe, or are in violation of any
applicable fire, environmental, health, safety or other laws or regulations,
or pose an immediate threat to the safety of the Telephone Company's
employees or others or to the Telephone Company's network, the
Telephone Company has the right to immediately stop such activities or
the operation of such facilities or equipment without prior notice. The
Customer wil be charged for any costs incurred as a result of such
actions.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 58
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.3 Termination of Arrangement (Contd)
(D) The Telephone Company may also discontinue service or cancel an
application for the arrangement without incurring any liabilty for any of the
following reasons.
(1) Upon non-payment of any sum owing to the Telephone Company for
more than 30 days beyond the date of rendition of the bil for the
arrangement, the Telephone Company may, on 30 days advance
notice in writing to the Customer without incurring any liabilty,
discontinue the furnishing of a new or existing arrangement, subject to
the provisions for dispute resolution.
(2) The Telephone Company shall be prohibited from furnishing services
by order of a court or other government authority having jurisdiction.
(3) In the event of fraudulent use of the Telephone Company's network,
the Telephone Company may discontinue the arrangement without
notice and/or seek legal recourse to recover all costs involved in
enforcement of this provision.
(E) Grounds for Termination by the Telephone Company - The Telephone
Company reserves the right to inspect the Customer's collocation
arrangement to determine if the collocation arrangement is being used for
interconnection. If the Telephone Company determines that the
collocation arrangement is not being used for interconnection, the
Telephone Company reserves the right to terminate the Customer's
collocation service upon thirty (30) calendar days notice. If the Telephone
Company elects to terminate a collocation arrangement pursuant to this
section, the termination shall be governed by Section 3.4.3.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 59
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Cont'd)
3.4.3 Termination of Arrangement (Cont'd)
(F) Termination by the Customer - A Customer must notify the Telephone
Company in writing of its plans to terminate a collocation arrangement
("Customer Termination Notice"), and such Customer termination shall be
governed by this Section 3.4.3.
(1) Termination After Completion If a Customer elects to terminate an
existing collocation arrangement after a collocation arrangement has
been completed, the termination wil be effective thirty (30) calendar
days after the Telephone Company's receipt of the Customer
Termination Notice.
If Customer terminates a collocation arrangement under this section,
the termination shall be governed by Section 3.4.3 and the Customer
remains responsible to pay any unpaid NRCs associated with the
terminated arrangement as set forth in Section 4.3. If the collocation
arrangement being terminated contains equipment in which a third
party maintains an ownership or a security interest, the Customer
shall include a list of any such owners and secured parties in the
Customer Termination Notice.
(2) Termination Prior to Completion If the Customer elects to terminate a
request for collocation when construction is in progress and prior to
completion of the collocation arrangement, the termination wil be
effective upon the Telephone Company's receipt of the Customer
Termination Notice. Application fees submitted wil not be refunded.
The Customer Termination Notice must be received by the Telephone
Company prior to the Scheduled Completion Date to avoid incurring
any monthly recurring charges.
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 60
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.3 Termination of Arrangement (Contd)
(G) Effect of Termination If the Telephone Company or Customer terminates
a collocation arrangement under this Tariff, the following provisions shall
apply:
(1) Equipment Removal and Monthly Recurring Charges - The Customer
shall disconnect and remove its equipment from the designated
collocation space by the effective date of the termination. Upon
removal by the Customer of all its equipment from the collocation
space, if the Customer does not restore the collocation space to its
original condition at time of occupancy, the Customer wil reimburse
the Telephone Company for the cost to do so.
Due to physical and technical constraints, removal of the Customer's
cables will be at the Telephone Company's option The Telephone
Company reserves the right to remove the Customer's equipment if
the Customer fails to remove and dispose of the equipment by the
effective date of the termination. The Customer wil be charged the
appropriate additional labor charge in Section 4.3 for the removal and
disposal of such equipment. All monthly recurring charges wil
continue to be charged to the Customer until the effective date of the
termination or, at the Telephone Company's discretion, until any later
date, not to exceed 60 days, that all equipment is removed and the
collocation space is restored to its original condition at space turnover.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 61
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Cont'd)
3.4.4 Notices
(A) Any notices or other communications required or permitted to be given or
the terms of this section shall be in hard-copy writing, unless otherwise
specifically provided herein. Such notices or communications shall be
sufficiently given if delivered personally, or if delivered by prepaid
overnight express service, or if delivered by confirmed facsimile
transmission and with a copy delivered thereafter either personally, or by
prepaid overnight express service, to the Customer's authorized
representative.
(B) Notice shall be given to the Telephone Company's Vice President -
Regulatory, One South Wacker Drive, Suite 200, Chicago, IL 60606.
Facsimile: [phone].
A copy of each notice relating to an action, suit, proceeding or claim is to
be sent simultaneously to the Telephone Company's General Counsel,
One South Wacker Drive, Suite 200, Chicago, IL 60606. Facsimile: (312)
346-3276.
(C) Either party may unilaterally change its designated representative and/or
address for the receipt of notices by giving seven days' prior written notice
to the other party in compliance with this section. Any notice or other
communication shall be deemed given when received.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 62
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.5 Collocation Capacity
(A) Telephone Company Capacity - The Telephone Company's estimate of
its present capacity (i.e., no more than an increase of 15% over the
average number of applications received for the preceding three months
in a particular geographic area) is based on current staffng and current
vendor arrangements. If the forecasts indicate spikes in demand, the
Telephone Company will attempt to smooth the demand via negotiations
with the forecasting Customers. If the Telephone Company and the
Customer fail to agree to smooth demand, the Telephone Company wil
determine if additional expenditures would be required to satisfy the
spikes in demand.
(B) Vendor Delays - No party shall be excused from their obligations due to
the acts or omissions of a party's subcontractors, material, person,
suppliers or other third persons providing such products or services to
such party unless such acts or omissions are the product of a force
majeure event, or unless such delay or failure and the consequences
thereof are beyond the reasonable control and without the fault or
negligence of the party claiming excusable delay or failure to perform.
(C) Vendor Capacity - The Telephone Company wil continuously seek to
improve vendor performance for all central office work, including
collocation. Since the vendors require notice in order to meet increases in
demand, the Telephone Company wil share Customer actual and
forecasted demand with appropriate vendors, as required, subject to the
appropriate confidentiality safeguards.
Customers may also contract with Telephone Company approved
vendors directly for a variety of the functions required. Customers can
contract directly for cage construction, electrical outlets, lighting, ground
bar and POT bay installation in their cages.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 63
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Contd)
3.4.6 Implementation of Collocation Charges
(A) The Telephone Company shall provide the Customer with a notice
("Scheduled Completion Notice") indicating the scheduled completion
date ("Scheduled Completion Date") for the collocation arrangement. The
Telephone Company shall also provide a notice that wil remind the
Customer of the Scheduled Completion Date and request the Customer
to schedule and attend a "Collocation Acceptance Meeting" ("CAM").
Collocation charges wil be implemented in accordance with this section
regardless of the readiness of the Customer to utilize the completed
collocation arrangement.
(1) Collection of Non-Recurring Charges - The Customer shall have ten
business days from the receipt of a Telephone Company provided
collocation schedule to pay 50% of the NRCs associated with the
ordered collocation service. The balance of the NRCs ("NRC
Balance") wil be biled to the Customer upon Customers acceptance
of the collocation arrangement or thirty (30) calendar days after the
collocation arrangement is completed, whichever comes first.
(2) Commencement of Recurring Charges - Monthly recurring charges
will commence upon Customer acceptance of the collocation
arrangement or thirty (30) calendar days after the collocation
arrangement is completed, whichever comes first ("Commencement
Date"), and shall continue until terminated pursuant to Section 3.4.3.
(3) Extension Request - A Customer may request to extend or delay the
Scheduled Completion Date of a collocation arrangement for up to six
(6) months. A Customer electing to extend the Scheduled Completion
Date of a collocation arrangement must notify the Telephone
Company in writing ("Extension Notice") within thirty (30) calendar
days after receiving the Scheduled Completion Notice. In order for the
Telephone Company to delay billng of monthly recurring charges for
the applicable collocation arrangement, the Customer must remit to
the Telephone Company the NRC Balance for the collocation
arrangement with the Extension Notice. Monthly recurring charges wil
not be billed by the Telephone Company until the space for the
collocation arrangement is accepted by the Customer or the six (6)
month extension period has expired, whichever comes first. At any
time during or after the extension period, if the Customer terminates
its collocation arrangement, the termination shall be governed by
Section 3.4.3.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 64
SECTION 3: SERVICE DESCRIPTIONS
3.4 Collocation (Cont'd)
3.4.6 Implementation of Collocation Charges (Cont'd)
(B) If the Telephone Company believes the space for the collocation
arrangement is needed to satisfy another's Customer's collocation
request prior to the end of the six (6) month extension period, the
Telephone Company will notify the original Customer that its collocation
space has been requested by another Customer. The original Customer
will have up to five (5) business days after receipt of the notification to
retain the collocation space by notifying the Telephone Company in
writing that it desires to keep the space ("Retention Notice"). If the original
Customer retains the collocation space, monthly recurring charges shall
commence for the original Customer thirty (30) calendar days after the
original Customer sends the Retention Notice or when the original
Customer accepts the space, whichever comes first.
3.4.7 Closure, Decommissioning or Sale of Premises
(A) Collocation arrangements wil automatically terminate if the premises in
which the collocation space is located is closed, decommissioned or sold
and no longer houses the Telephone Company's network facilties. At
least one hundred eighty (180) days written notice wil be given to the
Customer of events which may lead to the automatic termination of any
such arrangement pursuant to this tariff, except when extraordinary
circumstances require a shorter intervaL. In such cases, the Telephone
Company will provide notice to the Customer as soon as practicable. The
Telephone Company wil work with the Customer to identify alternate
collocation arrangements. The Telephone Company wil work
cooperatively with the Customer to minimize any potential for service
interruption resulting from such actions.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 65
SECTION 4: RATES AND CHARGES
4.1 Transit Service Charges
NRC Monthly
4.1.1 Tandem Switching
Per minute of use $0.001600
4.1.2 Database Charge
LNP Query - per query $0.002002
4.1.3 Blocked Call Charge
Per Blocked Call $0.001880
4.1.4 Transit Dedicated Transport Facility
Per DS 1 - First 5 miles $210.00
Per DS1 - Each additional mile $15.00
4.1.5 Trunk Group Charge
First trunk group $00.00
Each additional trunk group $50.00
4.1.6 Billng Records Charge, per market $250.00
4.1.7 Transit Service Non-Recurring Charges
Per Market - Biling Records Change $500.00
Per Service Order Fee:$50.00
Per Reconfiguration:$150.00
Install (per DS1)$885.00
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 66
SECTION 4: RATES AND CHARGES
4.2 Access Service Charges
4.2.1 Tandem Switching
Per minute of use
4.2.2 Tandem Switched Transport, per minute of use
4.2.3 Tandem Switched Facility, per minute of use per mile
4.2.4 Common MUX (DS3 to DS1), per minute of use
4.2.5 Database Charges
LNP Query - per query
800 Query - per query
4.2.6 Blocked Call Charge
Per Blocked Call
4.2.7 Access Dedicated Transport Facility
Per DS1 First 5 miles
Each additional mile
4.2.8 Dedicated Trunk Port Charge
Per DS1 Port
4.2.9 Trunk Group Charge Monthly
First trunk group
Each additional trunk group
4.2.10 Multiplexing, per DS3
4.2.11 Access Service Non-Recurring Charges
Per Service Order Fee:
Per Reconfiguration:
Install (per DS1)
NRC
$50.00
$150.00
$885.00
Monthly
$0.002469
$0.000431
$0.000022
$0.000242
$0.002002
$0.003500
$0.001880
$210.00
$15.00
$60.48
$00.00
$50.00
$285.95
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 67
SECTION 4: RATES AND CHARGES
4.3 Collocation Charges
NRC Monthly
4.3.1 Application Fees
Initial $5,000.00
Subsequent $5,000.00
Augment $2,500.00
4.3.2 Engineering and Implementation
Initial Arrangements $3,436.00
Subsequent Arrangements $1,898.00
Cage Expansion and Additional Cable $3,542.00
Additional Cabling $1,334.00
Power Augment Only $1,334.00
Cabling Plus Equipment - Cage less $9,505.79
Cabling Only - Cage less $7,320.29
4.3.3 Site Survey/Report
Per request $1,557.45
4.3.4 SAC Cable and Frame Termination
DS1 - Per 28 - DCS $2,103.03
DS1 - Per 28 - DCS $400.47
Per DS3/STS-1 - DSX $521.29
Per DS3/STS-1 - DSX $20.24
4.3.5 Land and Building
25 Square Feet $465.40
100 Square Feet $984.50
300 Square Feet $2,416.50
Additional 20 Square Feet $143.20
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, I L 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 68
SECTION 4: RATES AND CHARGES
4.3 Collocation Charges (Contd)
NRC Monthly
4.3.6 Heating, Ventilation and Air Conditioning
Per 10 load amps $7.03
4.3.7 Escorting
Per technician, per 1/4 hour or fraction $15.09
4.3.8 DC Power Cabling and Fusing Charge
Installation of 60 Amp Ampacity
DC Power Feed -Customer Selected Fuse
Size: Up to 60 Amps - Per Feed $960.00
4.3.9 DC Power
Per number of load amps requested $19.64
4.3.10 DC Power Feed Augment
Load Amp Augment
Per Collocation Arrangement $200.00
Over Current Protector Augment
Per Feed $425.00
4.3.11 Shelf, Bay
Installation - Per shelf $1,287.36
Per quarter equipment bay or fraction thereof $12.44
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 69
SECTION 5: SPECIAL ARRANGEMENTS
5.1 Special Construction
5.1.1 Basis for Charges
Where the Company furnishes a facilty or service for which a rate or charge is
not specified in the Company's tariffs, charges wil be based on the costs
incurred by the Company and may include:
(A) non-recurring type charges;
(B) recurring type charges;
(C) termination liabilities; or
(D) combinations thereof.
5.1.2 Basis for Cost Computation
The costs referred to in 5.1.1 preceding may include one or more of the
following items to the extent they are applicable:
(A) cost installed of the facilities to be provided including estimated costs for
the rearrangements of existing facilities. Cost installed includes the cost
of:
(1) equipment and materials provided or used,
(2) engineering, labor and supervision,
(3) transportation, and
(4) rights of way;
ISSUED:
ISSUED BY:
EFFECTIVE:
NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 70
SECTION 5: SPECIAL ARRANGEMENTS
5.1 Special Construction (Contd)
5.1.2 Basis for Cost Computation (Contd)
(B) cost of maintenance;
(C) depreciation on the estimated cost installed of any facilties provided,
based on the anticipated useful service life of the facilities with an
appropriate allowance for the estimated net salvage;
(D) administration, taxes and uncollectible revenue on the basis of
reasonable average costs for these items;
(E) license preparation, processing and related fees;
(F) tariff preparation, processing and related fees;
(G) any other identifiable costs related to the facilities provided; or
(H) an amount for return and contingencies.
5.1.3 Termination Liability
To the extent that there is no other requirement for use by the Company, a
termination liability may apply for facilities specially constructed at the request
of the customer.
(A) The termination liabilty period is the estimated service life of the facilties
provided.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1
Original Sheet 71
SECTION 5: SPECIAL ARRANGEMENTS
5.1 Special Construction (Contd)
5.1.3 Termination Liability (Contd)
(B) The amount of the maximum termination liability is equal to the estimated
amounts for:
(1) Cost installed of the facilities provided including estimated costs forrearrangements of existing facilties and/or construction of new
facilities as appropriate, less net salvage. Cost installed includes the
cost of:
(a) equipment and materials provided or used,
(b) engineering, labor and supervision,
(c) transportation, and
(d) rights of way;
(2) license preparation, processing, and related fees;
(3) tariff preparation, processing, and related fees;
(4) cost of removal and restoration, where appropriate; and
(5) any other identifiable costs related to the specially constructed or
rearranged facilities.
(C) The applicable termination liability method for calculating the unpaid
balance of a term obligation is: (a) the sum of the amounts determined as
set forth in Section 5.1.3(B) preceding, multiplied by (b) a factor related to
the unexpired period of liabilty, multiplied by (c) the discount rate for
return and contingencies. The amount determined in section 5.1.3(B)
preceding shall be adjusted to reflect the predetermined estimate net
salvage, including any reuse of the facilties provided. This product is
adjusted to reflect applicable taxes.
ISSUED: EFFECTIVE:
ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 72
SECTION 5: SPECIAL ARRANGEMENTS
5.2 Individual Case Basis (ICB) Arrangements
Arrangements wil be developed on a case-by-case basis in response to a bona fide
request from a Customer or prospective Customer to develop a competitive bid for a
service offered under this tariff. Rates quoted in response to such competitive requests
may be different than those specified for such services in this tariff. ICB rates will be
offered to the Customer in writing and on a non-discriminatory basis. A summary of
each ICB contract pricing arrangement offered pursuant to this section will be filed as
an addendum to this Tariff within 30 days after the contract is signed by both the
Company and the Customer. The following applicable information wil be included in
the summary:
(A) LATA and type of switch
(B) The V&H distance from the central office to the customers premises
(C) Service description
(D) Rates and charges
(E) Quantity of circuits
(F) Length of the agreement.
If the Company and a Customer enter into an ICB arrangement, the ICB arrangement
may provide the Customer or the Company with certain rights to terminate the
arrangement. If the Customer or the Company exercises such a termination right, then
upon the effective date of termination, the ICB rates wil no longer apply. Customer
may choose to transit traffic through the Company at tariff rates, subject to meeting
any credit requirements of the Company in this tariff. Regardless, in an effort to
preserve uninterrupted termination of traffic and to avoid unnecessary disruptions in
PSTN calling, Customer wil maintain the existing interconnections for the purpose of
receiving traffic from the Company while the Company and Customer negotiate a
termination agreement governing the interconnection. The terms of the ICB
arrangement applicable to the Customer's acceptance of traffic from the Company wil
continue to apply until such time as a successor termination agreement becomes
effective. The Customer and the Company wil use their best endeavors to resolve in
good faith all outstanding issues in the renegotiation of a successor agreement and wil
escalate any disputes to members of senior management. However, if the Customer
and the Company are unable to come to a resolution of certain issues during the
renegotiation process, either the Customer or the Company may at any time request
arbitration, mediation or assistance from the Commission or, if applicable, the Federal
Communications Commission, to resolve the remaining issues, in accordance with the
applicable commission's procedures.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606
NEUTRAL TANDEM~DAHO, LLC Idaho P.U.C. No.1
Original Sheet 73
SECTION 5: SPECIAL ARRANGEMENTS
5.3 Temporary Promotional Programs
The Company may establish temporary promotional programs wherein it may waive or
reduce non-recurring or recurring charges, to introduce present or potential Customers
to a service not previously received by the Customers.
ISSUED:EFFECTIVE:
ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC
Richard L. Monto, General Counsel
One South Wacker Drive, Suite 200
Chicago, IL 60606