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HomeMy WebLinkAbout20081124Illustrative Tariff.pdfEXHIBITD Illustrative Tariff RECEIVËD Z06B HOV 24 PH 2: 04 IDA"OUT'UTI~ cit'" ¡r'lAiŠS10N ¡Vl)1-i-CJ8--~ 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 2 TABLE OF CONTENTS Page Table of Contents ......................................................................................................................2 Explanation of Revision Marks.................................................................................................... 3 Application of Tariff .....................................................................................................................4 Applicability of Regulations .........................................................................................................4 Section 1: Definitions...................................................................................... ............................ 5 Section 2: General Regulations ................................................................................................14 Section 3: Service Descriptions................................................................................................ 50 Section 4: Rates and Charges.................................................................................................. 77 Section 5: Special Arrangements.............................................................................................. 83 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 To signify a rate or regulation that has been discontinuedD To signify a rate that has been increased M N To signify a move in the location of text To signify a new rate or regulation R To signify a rate that has been reduced S To signify a matter that has been reissued T To signify a change in the text that has not affected a change in neither a rate nor a regulation. 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 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 IntraLATA communications services. This tariff is on file with the Idaho Public Utility 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: 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 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 wil 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 104-104, 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 traffc as Access Service or as Transit Service. Calling Party Number (CPN) - means a Signaling System 7 "SS7" parameter whereby the ten (10) digit number of the callng party is forwarded from the End Office. 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 traffc and biling 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 - The Idaho Public Utilty Commission. 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 facilities 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. 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 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 facility 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 facilty. 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 capabilities 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-IDAHO, 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 (lCB) - 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 LATAs in the state. Line Information Data Base (UDB) - a transaction-oriented database system that functions as a centralized repository for data storage and retrievaL. UDB contains records associated with End User line numbers and special billng numbers. UDB accepts queries from other network elements and provides return result, return error, and return reject responses as appropriate. Examples of information that stored in UDB and in its Line Records are: ABS validation data, originating line number screening (OLNS) data, ZIP Code data, and callng name information. Line Record - means information in UDB and/or the UDB administrative system that is specific to a single telephone number or biling number. Line-Side Connection - a connection of a transmission path to the line side of a local exchange switching system. 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 9 SECTION 1: DEFINITIONS 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 Illinois, Metropolitan Statistical Area (MSA) is the term used to define a LATA. 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 Exchange Routing Guide (LERG) - is the industry reporting tool used to provision the appropriate NPA NXXs in networks. 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 Biling (MPB) - refers to the billng associated with interconnection of facilities 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-bill 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) - the number of minutes for which a customer is biled in relation to any usage-sensitive service element provided by the Telephone Company. 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. 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 10 SECTION 1: DEFINITIONS 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. Non-Authorized Traffc - traffc that is not defined as Transit and Access traffc, 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. 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 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 that is the customer's best estimate of the percentage of the total use of the service that wil be interstate in nature. 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 wil be intrastate intraLA TA 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. 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. 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 12 SECTION 1: DEFINITIONS Tandem - a Telephone Company switching system that provides a concentration and distribution function for Access Service and Transit Service traffc 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 Facility - 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. 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 the transmission and delivery, via the Telephone Company Tandem, of all traffc governed by Section 251 (b)(5) of the Telecommunications Act of1996, as well as ISP-Bound Traffc, IntraLATA Toll Traffc (not delivered via IXC), CMRS IntraMTA Traffic and/or 800 IntraLATA Toll Traffc. 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. 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 13 SECTION 1: DEFINITIONS 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 traffc 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.IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 14 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 facilties 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 orcorporation, provided the assignee or transferee assumes all outstanding indebtedness for such services, and the unexpired portion of the minimum period and the termination liability, 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: 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 15 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 theTelephone 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 wil be provided to customers on a first-come, first-served basis. 2.1.3 Liability (A) The Telephone Company's liabilty, if any, for its wilful 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 liability 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 16 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Company (Contd) 2.1.3 Liability (Contd) (B) 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 customerpremises 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 facilities 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 17 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 wil defend the customer against claims of patent infringement arising solely from the use by the customer of services offered under this tariff and will 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.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) (I) The Telephone Company assumes no responsibility for the availability or performance of any cable or satellte systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Telephone Company has acted as the Customets agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibilty 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 19 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, wil 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 wil 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 facilties will 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 81, 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: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 20 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 wil 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 facilities used to provide other than metallc facilities and (3) substitution of metallic facilities for carrier or derived facilities used to provide other than metallc facilities, (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 facilty, the Telephone Company will provide reasonable notification to the customer in writing. Reasonable time wil 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: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 (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 22 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 traffc and to avoid unnecessary disruptions in PSTN callng, the Customer wil 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 wil be responsible for all costs associated with delivering traffc 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 will use their best endeavors to resolve promptly and in good faith all outstanding issues in the negotiation of such an agreement, and will 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, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 23 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Company (Contd) 2.1.9 Limitation of Use of Metallc Facilties Signals applied to a metallc 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 facilities 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 24 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 affiliated 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 facilities 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 wil 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 25 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 facilities utilized to provide services under this tariff caused by the negligence or wilful act of the customer or resulting from the customer's improper use of the Telephone Company facilities, or due to malfunction of any facilities or equipment provided by other than the Telephone Company. The Telephone Company wil, 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 Facilities utilized 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 wil 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 wil have access to such spaces at reasonable times for installng, 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: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 26 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Contd) 2.3.4 Availability 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 çompany 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 27 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, facilities, 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, 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 (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, mask, manipulate, or incorrectly assign any Signaling Data. Signaling Data shall, at a minimum, include: (a) 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, (b) calling party number as defined in 47 C.F.R. Section 64. 1600(c) ("CPN"), (c) Automatic Number Identification as defined in 47 C.F.R. Section 64.1600(b) ("ANI"), (d) Charge Number as defined in 47 C.F.R. Section 64.1600(d), (e) Jurisdictional Indicator Parameter ("JIP") and (f) any other signaling data that affects the terminating Party's ability to jurisdictionalize traffic. If it is determined that Customer has: (a) directly or indirectly made any such addition, deletion, change, mask, manipulation, alteration, modification, or incorrect assignment, or (b) intentionally or unintentionally failed to provide any Signaling Data, all of Customer's traffic, including prior traffic, wil be re-rated to the highest tariff rate. Upon request, Telephone Company will provide to Customer available Signaling Data for traffc terminated to Customer. (B) Where SS7 connections exist, Customer wil include the original and true Line 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 wil 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 biled 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 29 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Contd) 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 wil 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 will 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-IDAHO, 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) (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 will be interstate in nature. The reported Percentage(s) for Interstate Use PIU(s) wil 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 biled, and both the current and revised PIU(s). The revised PIU(s) wil become effective on the first day of the next monthly biling 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 wil 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-IDAHO, 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) (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 will 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 can detail recording. When the customer determines that any currently effective PTVA 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 biled, and both the current and revised PTVA(s). This revised PTVA(s) will 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 bills preceding the effective date of the revised PTV A( s) wil 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 32 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 customets 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 traffc. 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 billng dispute arises or a regulatory commission questions the PIU or PTVA, the Telephone Company will 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: 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 33 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 wil 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 Facilties 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: 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 34 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 traffc on the service involved constitutes more than ten percent (10%) of the total traffic on that service, the service wil 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 wil serve as the basis for prorating the charges when actual call classification cannot be determined. The charges wil 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-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 35 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Cont'd) 2.3.13 Determination of Charges for Mixed Transit and Access Service (Cont'd) (A) For monthly and nonrecurring chargeable rate elements (1) Tandem Services Except Direct-Trunk Transport Facilities or Entrance Facilities Multiply the general PTVA or the residual PTVA, 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 Facility or Entrance Facilty PTVA, times the quantity of chargeable elements times the stated applicable (Le., Access versus Transit) tariff rate per element. (8) For all Tandem Services usage sensitive chargeable rate elements: (1) If the actual jurisdiction of the usage can be identified, multiply theactual 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 billed 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 interLA TA 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-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 36. 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 PTVA 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 PTVAs and the residual PTVA, 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 InterLA TA 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 of 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 PILU 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 will 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 traffc 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 37 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Contd) 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 traffc 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 carrers. 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 38 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Contd) 2.3.20 Exchange of Traffc and Information All facilties 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 facilities within its network that are necessary for routing, transporting, measuring, and billng of traffc originated by other customers of the Telephone Company and for delivering traffc to the Telephone Company for termination to other carriers. Customer shall transmit traffc 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 traffc 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 facilties and capacity with the customer to accommodate traffc 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 Traffc Customers agree to not send Carrier Non-Authorized Traffic (i.e., traffic 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 Traffc 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 39 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 wil 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 wil 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-IDAHO, 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) (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 bil in advance charges for all services to be provided during the ensuing billng period except for charges associated with service usage wil be biled in arrears. The Telephone Company wil establish a bil day each month for each customer account. The bil will cover non-usage sensitive service charges for the ensuing billng 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 bil day through the current bill day. Any known unbiled usage charges for prior periods and any known unbiled adjustments wil be applied to this bilL. Payment for bils 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 will 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 bil day or by the next bil date (i.e., same date in the following month as the bil 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: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 41 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 billed to thecustomer 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 wil not start until 10 working days after the payment date. If the biling dispute is resolved in favor of the customer, no late payment penalty will apply to the disputed amount. If the customer disputes the biled amount and the billng dispute is resolved in the favor of the customer, the customer wil 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-IDAHO, 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) (D) (Contd) 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 wil 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 biling period beyond the minimum period set forth for services in other sections of this tariff wil 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 decimalplaces, the charges will be determined using the rate shown. The resulting amount wil be rounded to the nearest penny (Le., rounded to two decimal places). 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) 2.4.1 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 Customets 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 44 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. (8) 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 Interrptions (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 45 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-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) (B)(1) When a Credit Allowance Applies (Contd) (4) No credit shall be allowed for interruptions required to perform preventative or routine maintenance, or to perform softare 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: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 47 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 will the credit allowance exceed the monthly rate for the service rendered in anyone monthly biling period. 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 48 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 49 SECTION 2: GENERAL REGULATIONS 2.4 Payment Arrangements and Credit Allowances (Cont'd) 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 wil arrange to provide its portion of the service (B) All switched services, including Tandem Services, shall be provided on a Meet Point basis, with each carrier biling their services separately in accordance with their applicable tariffs and regulations. 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 3.1 Tandem Service 3.1.1 Tandem Services are comprised of Transit and Access Services. 3.1.2 All facilties 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 traffc to third party Interconnected Common Carriers prior to delivering traffc to such parties using the Tandem Service. 3.1.4 In the event Customer sends traffc through the Telephone Company to a carrier with whom customer does not have a traffc 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 traffic and any attorneys fees and expenses. 3.1.5 The Terminating Carrier and the Telephone Company will bil their respective portions of the charges directly to the Originating Carrier, and neither the Terminating Carrier nor the Telephone Company wil be required to function as a billng intermediary, e.g. clearinghouse. 3.1.6 The Terminating Carrier shall not bil the Telephone Company for terminating any Tandem Service traffc, whether identified or unidentified, i.e. 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 traffc 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 wil cause customer to incur an additional charge for such service and will 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 51 SECTION 3: SERVICE DESCRIPTIONS 3.2 Transit Service 3.2.1 Transit Service allows an Originating Carrier to send all traffc governed by Section 251(b)(5) of the Telecommunications Act of 1996, as well as ISP- Bound Traffc, IntraLATA Toll Traffc (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. The Originating 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. 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 biling process. The records wil be provided in standard EMI format and wil be delivered to the Customer either weekly or monthly utilizing 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 52 SECTION 3: SERVICE DESCRIPTIONS 3.2 Transit Service (Contd) 3.2.2. Transit Diagram Carrier Switch A is the Originating Carrier Carrier Switch B is the Terminating Carrier Call Oirecio .. V End-u Neul Cam.,Tande SWitch Swit Carrer A SWitch -Tan B EndserSw ~ 1 1 -user Dedicated Access Dedica 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 callng area plans. 3.2.4 Customer, the Originating Carrier, will be charged a Tandem Transit MOU charge for all Transit traffic delivered to the Telephone Company, including On- Net and Off-Net traffc, 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 or insuffcient capacity on the Telephone Company network to terminate the call, the Customer may be charged a tandem transit MOU charge by the Alternate Transit Tandem company. If the Customer is charged a tandem transit MOU charge by the Alternate Transit Tandem company, the Customer will not be charged a Tandem Transit MOU by the Company. If the Company is biled by the Alternate Transit Tandem company for that traffic, then the Company wil charge Customer the same Tandem Transit MOU charge that the Company is biled by the Alternate Transit Tandem company. 3.2.6 Transit Service shall be on a Meet Point Biling ("MPB"), with the Terminating Carrier and the Telephone Company billng their respective portions of the charges directly to the Originating Carrier, and neither the Terminating Carrier nor the Telephone Company wil 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, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 53 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 Onginating Access -.Carrier Switch A Neutral Tandem Switch IXC SWitch -. 1 TanemSwctg 1 To LXC Networ Dedicated Access Dedicated Access Terminating Access NeutrTande-'I earñer SWit IXC 'I.SWitch SWitch A Tand Switchin 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 54 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 wil be charged a MOU charge for all Access Service traffic delivered to the Telephone Company, including On-Net and Off- Net traffc, 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 Billing ("MPB"), with the Terminating and Originating Carriers and the Telephone Company billng their respective portions of the charges directly to the Toll Service provider, and neither the Terminating and Originating Carriers nor the Telephone Company wil 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, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 55 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 cage less 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 wil be required to update the near-term (six month) forecasted application dates. Information requested wilinclude central offce, 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 offces 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 56 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 wil give the Telephone Company a non- refundable deposit equal to the application fee. (3) The Telephone Company wil perform initial reviews of requested central offces 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 withforecasting 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 offces 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 tbe 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 57 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 offce. The Telephone Company will offer each Customer an equal share of the central office space, and request applications immediately, with appropriate fees, to reserve the space. The Customers wil have one month to respond. If a Customer does not respond within the specified time, its apportioned share will 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 wil 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 wil 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 58 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 59 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-IDAHO, 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) (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 will 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: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 61 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 wil 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, I L 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 62 SECTION 3: SERVICE DESCRIPTIONS 3.4 Collocation (Contd) 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: (312) 346-3276. 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 63 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 (Le., 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 staffing and current vendor arrangements. If the forecasts indicate spikes in demand, the Telephone Company wil 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 will 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 toimprove vendor performance for all central office work, including collocation. Since the vendors require notice in order to meet increases in demand, the Telephone Company will 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, I L 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 64 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 will 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 chargeswil 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 biled 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, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 65 SECTION 3: SERVICE DESCRIPTIONS 3.4 Collocation (Contd) 3.4.6 Implementation of Collocation Charges (Contd) (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 wil 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 facilities. 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 wil provide notice to the Customer as soon as practicable. The Telephone Company will work with the Customer to identify alternate collocation arrangements. The Telephone Company will 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 66 SECTION 3: SERVICE DESCRIPTIONS 3.5. Dial Tone Business Service Offerings 3.5.1. Secure Line 3.5.1.1 General Secure Line is a bundled package of services that is principally designed as a dedicated redundant service offering that provides Customers with the ability to make and receive calls in the event of an emergency disruption of the services provided by a Customer's primary local exchange service provider ("Primary Providet'). Secure Line is available only: (a) to business service customers, (b) where availabilty of facilties and telephone numbers permit in the exchanges specified in Section 3.7 of this tariff, and (c) in the standard bundled configuration specified herein. Accordingly, Customers subscribing to Secure Line must designate the Telephone Company as their local, intraLATA and interLATA presubscribed carrier for all channels in a trunk group that are subscribed to Secure Line service. The Telephone Company wil provide Customer with telephone numbers that wil be non-published. Secure Line is provided via DS1 trunk-side connections to customer-provided PBX or Key System equipment ("CPE"). Customers subscribing to Secure Line have the option of buying Telephone Company provided transport to the Telephone Company's switch, or providing their own transport to the switch. Diagram ........ Emergency Disruption .. ..~..;';';' "Primar Provider" Switch Customer Provided Equipment (option: customer- or company-supplied) Telephone Company Switch (company-supplied) Public Switched Telephone Network 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 67 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.2 Services Secure Line allows customers to make outbound local, intraLATA and interLATA calls and to receive incoming calls to Telephone Company assigned telephone number(s) (i.e., numbers that are different from those subscribed by Customer to its Primary Provider). Secure Line provides customers with the following: Two-way Voice Grade Service Local, intraLATA and interLATA callng Access to Emergency 911 Services Access to Operator Services Access to Directory Assistance Access to Numbering Resources Access to Telecommunications Relay Service Number Portability Non-published number Government Emergency Telephone Service (GETS) capabilty No vertical, advanced or custom callng features are available with Secure Line. Customers subscribing to Secure Line under this tariff are eligible for interstate interexchange callng rates provided under the Telephone Company's Interstate Service Guide NO.1 (or the Telephone Company's then-current successor Service Guide). International callng is not available as a feature of Secure Line. 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 68 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.3 Application of Rates and Charges Secure Line monthly charges apply on per telephone number and per channel basis. Secure Line is initially provisioned on a "reserve" basis, such that monthly recurring charges are waived for subscribing CustQ.mers until the occurrence of Qualifying Usage (as defined below). Upon the occurrence of Qualifying Usage, service will be deemed to be in "active" status and monthly recurring charges wil apply for the entire month for all numbers and channels subscribed as provided herein. Monthly recurring charges will continue to apply to Customer in each month thereafter until the passage of a full month during which Customer does not have any Qualifying Usage. For purposes of this Section 3.5.1, Qualifying Usage is the occurrence of anyone of the following in a month: (a) the completion of an outbound call via Secure Line, or (b) receipt of in excess of one-hundred (100) inbound calls on any Secure Line trunk group within a twenty-four (24) hour period. Customer has exclusive control of CPE and is solely responsible for: (i) maintenance of Customer's relationship with Customets Primary Provider, and (ii) programming CPE to (a) route calls to the Telephone Company in the event that the Customer's Primary Provider experiences an emergency service disruption, and (b) cease such call routing when such a disruption is resolved. Accordingly, the Customer is solely responsible for: 1. continued accrual of Secure Line monthly charges while outbound usage continues on a subscribed trunk group, as well as Secure Line monthly charges arising from receipt of inbound calls. 2. continued accrual of charges incurred by Customer from Customer's Primary Provider regardless of whether Secure Line is in "active" status. 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 69 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.3 Application of Rates and Charges (contd) Further, the Telephone Company hereby disclaims any agency relationship on behalf of Customer with Customer's Primary Provider and all liability for any charges incurred by Customer from Customer's Primary Provider. Outbound call charges apply on a per minute of use basis only, with all fractional minute usage rounded up to the next whole minute. No per call surcharges apply in addition to usage charges specified herein. Service ordering and installation charges apply in lieu of those provided elsewhere in this tariff. A non-published listing is included in the monthly per number rate specified herein. Where the Telephone Company is providing transport, the additional rates, terms and conditions provided in Section 3.5.1.5 apply. 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 70 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.4 Secure Line Standard Rates and Charges Please refer to Section 4.4.1.1 for applicable rates and 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 71 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.5 Telephone Company-Provided Transport Option A. General Customers subscribing to Secure Line have the option of buying Telephone Company provided transport to the Telephone Company's switch (subject to availabilty), or providing their own transport to the switch. The terms and charges specified in this Section 4.5.1.5. apply where the Telephone Company provides transport for Secure Line Customers. The term "service(s)" used in this section 4.5.1.5. refers only to such local private line intrastate telecommunications transport services between two locations traversing the Telephone Company's end points, each of which originate or terminate at a Customer's or the Telephone Company's designated location (unless otherwise stated in this tariff. Any service provided over a third party's facilities, arranged for the Customer by the Company, may be provided on an individual case basis (ICB). B. Description 1.Service is provided on a point-to-point basis between Customer- designated and/or Company-designated premises, points of presence, offices, and/or wire centers within the same Incumbent Local Service Area. 2.Service is provided only where facilities are available and where the Telephone Company can secure acceptable arrangements with underlying suppliers (for resold services), and is further subject to the technical limitations of the digital equipment used by the Telephone Company. If such equipment, new facilities or changes to existing facilities are required for the provision of this service, additional charges may apply based on the cost incurred to make the changes. 3.Service is furnished on a full-time basis, twenty-four (24) hours a day, seven (7) days a week. 4.Service is only available in DS1 offering. 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 Sheet72 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.5 Telephone Company-Provided Transport Option (contd) C. Application of Rates and Charges 1.All appropriate rates and charges specified in other sections of this tariff are in addition to the monthly rates and nonrecurring charges specified in this section 3.5.1.5. In addition to any rate or charge established in this tariff, the Customer wil also be responsible for any recurring or nonrecurring charges imposed by any other telephone companies incurred by or on behalf of the Customer in establishing and maintaining service. Such charges may be billed by the Telephone Company or directly by another telephone company, at the Company's option. 2.The rates for service consist of a nonrecurring order charge, a monthly recurring charge, and a monthly recurring per mile rate measured using V&H coordinates. Additional ancillary and labor charges may apply as provided herein. 3.Service rates in effect at the time the service is installed and/or as of the service order application date wil be applicable until the expiration of any service commitment period. Unless the parties agree otherwise, a minimum service commitment period of twelve (12) months will apply. At the expiration of any such commitment period, the Customer may select a new payment period option at current rates or revert to current rates on a month-to-month basis. 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 73 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.5 Telephone Company-Provided Transport Option (contd) C. Application of Rates and Charges (contd) 4. In lieu of the rates otherwise set forth in this tariff, rates and charges, including minimum usage, installation, special construction and recurring charges for the Telephone Company services may be established at negotiated rates on an ICB, taking into account the nature of the facilities and services, the costs of construction and operation, the volume of traffic, the length of service commitment by the customer, and use of facilities by other customers. Such arrangements shall be considered special pricing arrangements, the terms of which wil be set forth in individual customer contracts. However, unless otherwise specified, the terms, conditions, obligations and regulations set forth in this tariff shall be incorporated into, and become a part of, said contract, and shall be binding on the Company and customer. Such special pricing arrangements wil be made available to similarly situated customers on a non-discriminatory basis. The Company wil provide notice to the Commission for all special pricing arrangements, including ICB. 5. Monthly charges and recurring mileage charges wil apply each month regardless of whether Secure Line is in "reserve" status. D. Rates and Charges Please refer to Section 4.5.1.2 for applicable rates and charges. E. Termination Liability If Customer desires to terminate any services ordered under this Section 3.5.1.5 after Telephone Company's acceptance of the order for such service and prior to the expiration of the applicable service commitment period, Customer may do so by providing notification thereof to Telephone Company at least thirty (30) days in advance of such termination. In the event of any such termination of such service, or if Telephone Company terminates such service in accordance with the terms of this Tariff prior to the completion of the service commitment period, Customer wil pay to Telephone Company, an amount equal to one hundred percent (100%) of the unpaid monthly recurring charge(s) applicable to the terminated service multiplied by the number of months then remaining until the end of the applicable service commitment period. 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 74 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.6 Other Rates and Charges A. Labor and Materials If, on responding to a Customer-initiated service call, Telephone Company determines that the cause of a service interruption or other problem is a failure that is unrelated to services provided by the Telephone Company pursuant to this Section 3.5.1 (including, without limitation, malfunction or the inadequacy of CPE, service arrangements of Customer's Primary Provider, or Customer-provided transport), then Customer shall compensate Telephone Company, at the time and materials rate charged Telephone Company by its provider, plus twenty-five percent (25%) as a management, billng and administration fee. 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 75 SECTION 3: SERVICE DESCRIPTIONS 3.6 Reserved for Future Use 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 76 SECTION 3: SERVICE DESCRIPTIONS 3.7 Company Service Area 3.7.1 Exchange Area Service The Company provides Dial Tone Business Services specified in Section 3.5 in the following selected exchanges of incumbent local exchange carrier Qwest Corporation: Boise As technical and/or economic feasibilty allows, this section will be modified to reflect additional areas in which the Company wil offer local exchange service. Exchange Areas, boundaries, and local callng areas wil be the same as the incumbent local exchange carrier's. The Company concurs in the incumbent local exchange areas listed in each company's applicable local exchange tariff. The provision of local exchange telecommunications service is subject to the existing regulations, terms and conditions in this tariff. The provision of service wil be subject to the availabilty of appropriate facilties and local telecommunications service in the exchange service area. The Company's Local Exchange Service may be provisioned only on an on-net basis. Except as otherwise provided herein, the Company's Local Telephone Service provides a Customer with the abilty to: place or receive calls to any callng station physically located in the local callng area, as defined herein; access enhanced 911 Emergency Service where available; access the interexchange carrier selected by the Customer for interLA TA, intraLATA, interstate or international callng; access Operator Services; access Directory Assistance; place or receive calls to toll-free numbers, such as, 800/888 telephone numbers; access Telecommunication Relay Service; place calls to Pay-Per-Caii, such as, 900/976/556 telephone numbers. Calls placed to any callng station physically outside a local callng area wil be treated as a toll calL. 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 77 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 Facilty Per DS 1 - First 5 miles $210.00 Per DS 1 - 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 78 SECTION 4: RATES AND CHARGES 4.2 Access Service Charges NRC Monthly 4.2.1 Tandem Switching Per minute of use $0.002469 $0.000431 $0.000022 $0.000242 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 $0.002002 $0.003500 $0.001880 4.2.7 Access Dedicated Transport Facilty Per DS 1 First 5 miles Each additional mile $210.00 $15.00 4.2.8 Dedicated Trunk Port Charge Per DS1 Port $60.48 4.2.9 Trunk Group Charge Monthly First trunk group Each additional trunk group $00.00 $50.00 $285.954.2.10 Multiplexing, per DS3 4.2.11 Access Service Non-Recurring Charges Per Service Order Fee: Per Reconfiguration: Install (per DS1) $50.00 $150.00 $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 79 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 - Cageless $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: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 80 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, I L 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 81 SECTION 4: RATES AND CHARGES 4.4. Dial Tone Business Service Offerings 4.4.1. Secure Line 4.4.1.1 Secure Line Standard Rates and Charges Rate A, Service order charge (NRC) 1. Per Order a. First order b. Subsequent orders, per order $0.00 $500.00 $0.00 $200.00 $0.00 $1,000.00 $50.00 $500.00 $0.25 2. Per Channel a. First 10 channels b. Each additional channel, after A,2.a, per channel 3. Per Number Block a. First block of up to 20 numbers b. Every block of 20 numbers thereafter B. Monthly Rate, per block of 20 numbers* C. Monthly Rate, per channel* D. All Outbound Usage (locallintraLATAlinterLATA), per minute *Subject to waiver as provided in 3.5.1.3. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 82 SECTION 4: RATES AND CHARGES 4.4. Dial Tone Business Service Offerings (contd) 4.4.1. Secure Line (contd) 4.4.1.2 Telephone Company-Provided Transport Option - Rates and Charges A. Recurring Charges 1. 12 Month Service Charges Monthly Recurring Mileage Monthly Charge Charge (per mile) Per DS1 $600.00 $50.00 2. Month-to-Month Service Charges Monthly Recurring Mileage Monthly Charge Charge (per mile) Per DS1 $1000.00 $80.00 8. Ancillary Charges NRC Order charge (including installation), per order $1,500.00 Order change charge, per change $500.00 Cancellation charge $500.00 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 83 SECTION 5: SPECIAL ARRANGEMENTS 5.1 Special Construction 5.1.1 Basis for Charges Where the Company furnishes a facility 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: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 84 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 facilities 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 liability period is the estimated service life of the facilities 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 85 SECTION 5: SPECIAL ARRANGEMENTS 5.1 Special Construction (Contd) 5.1.3 Termination Liability (Contd) (B) The amount of the maximum termination liabilty is equal to the estimated amounts for: (1) Cost installed of the facilities provided including estimated costs for rearrangements of existing facilities 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 liability, multiplied by (c) the discount rate for return and contingencies. The amount determined in section 5.1.3.(8) preceding shall be adjusted to reflect the predetermined estimate net salvage, including any reuse of the facilities 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 86 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 wil 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 traffc 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-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 87 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: 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.2 Original Sheet No.1 NEUTRAL TANDEM-IDAHO, LLC REGULATIONS AND SCHEDULE OF CHARGES APPLYING TO INTRASTATE INTEREXCHANGE TELECOMMUNICATIONS 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-IDAHO, LLC Idaho P .U.C. No.2 Original Sheet No.2 TABLE OF CONTENTS Page Table of Contents ...........................................................................................................................2 Explanation of Revision Marks ....................................................................................................... 3 Application of Tariff......................................................................................................................... 4 Applicability of Regulations ............................................................................................................. 4 Tariff Format.................................................................................................................................... 5 Section 1: Technical Terms and Abbreviations..............................................................................6 Section 2: Rules and Regulations ................................................................................................ 14 Section 3: Description of Services................................................................................................31 Section 4: Rates and Charges...................................................................................................... 39 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.2 Original Sheet No.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 To signify a matter that has been reissued T 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.2 Original Sheet No.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 interexchange communications services. This tariff is on file with the Idaho Public Utiities 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 ofthe 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.2 Original Sheet No.5 TARIFF FORMAT Sheet Numbering - Sheet numbers appear in the upper right hand corner of the page. Sheets are numbered sequentially and from time to time new pages may be added to the Tariff. When a new page is added between existing pages, a decimal is added to the preceding page number. For example, a new page added between Sheets 3 and 4 would be numbered 3.1. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 2. 2.1. 2.1.1. 2.1.1.A. 2.1.1.A.1. 2.1.1.A.1.(a). 2.1.1.A.1.(a).1. 2.1.1.A.1.(a).I.(i). 2.1.1.A.1.(a).I.(i).(1 ). Check Sheets - When a Tariff filng is made with the Commission, an updated check sheet accompanies the Tariff filng. The check sheet lists the pages contained in the Tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision, all revisions made in a given filing are designed by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it. The Tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the Commission. 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.2 Original Sheet No.6 1. TECHNICAL TERMS AND ABBREVIATIONS For the purpose of this Tariff, the following definitions wil apply: Access Coordination Provides for the design, ordering, installation, coordination, pre-service testing, service turn- up and maintenance on a Company or Customer provided Local Access ChanneL. Administrative Change A change in Customer biling address or contact name. Alternate Access Alternate Access is a form of Local Access except that the provider of the Service is an entity, other than the Local Exchange Carrier, authorized or permitted to provide such Service. The charges for Alternate Access may be subject to private agreement rather than published or special tariff if permitted by applicable governmental rules. Application for Service A standard Company order form that includes all pertinent biling, technical and other descriptive information that will enable the Company to provide a communication Service as required. ASR ASR (Access Service Request) means an order placed with a Local Access Provider for Local Access. Authorized User A person, firm, corporation or other entity that either is authorized by the Customer to receive or send communications or is placed in a position by the Customer, either through acts or omissions, to send or receive communications. Bandwidth The total frequency band, in hert, allocated for a channeL. 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.2 Original Sheet No.7 Bil Date The date on which biling information is compiled and sent to the Customer. Call A completed connection between the Callng and Called Stations. Called Station The telephone number called. Callng Station The telephone number from which a Call originates. Cancellation of Order A Customer initiated request to discontinue processing a Service order, either in part or in its entirety, prior to its completion. Cancellation charges wil be assessed for each Circuit-end or Dedicated Access line canceled from an order prior to its completion by the Company, under the following circumstances: (1) if the LEC has confirmed in writing to the Company that the Circuit-end or Dedicated Access line wil be installed; or (2) if the Company has already submitted facilties orders to and interconnecting telephone company. Channel or Circuit A dedicated communications path between two or more points having a Bandwidth or Transmission Speed specified in this Tariff and selected by a Customer. Commission Idaho Public Utilties Commission Company NEUTRAL TANDEM-IDAHO, LLC 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.2 Original Sheet No.8 Company Recognized National Holidays The following are Company Recognized National Holidays determined at the location of the originator of the Call: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day. The evening rate is used unless a lower rate would normally apply. When a Call begins in one rate period and ends in another, the rate in effect in each rate period applies to the portion of the Call occurring within that rate period. In the event that a minute is split between two rate periods, the rate in effect at the start of that minute applies. Customer The person, firm, corporation or governmental unit which orders Service and which is responsible for the payment of charges and for compliance with the Company's Tariff regulations. A Customer is considered to be an account for billng purposes. The term Customer also includes an entity that remains presubscribed to the Company Service after its account(s) are removed from the Company's billng system, subsequently continues to use Company's network, and is biled by a local exchange carrier for such use, or otherwise uses Service for which no other Customer is obligated to compensate Company. Customer Premises/Customer's Premises Locations designated by a Customer where Service is originated/terminated whether for its own communications needs or for the use of its resale customers. DCS DCS means Digital Cross-Connect System. Dedicated Access/Special Access Dedicated Local Access between the Customer's Premises or serving wire center and the Company's Point-of-Presence for origination or termination of Calls. DS-O DS-O means Digital Signal Level 0 Service and is a 64 Kbps signaL. DS-1 DS-1 means Digital Signal Level 1 Service and is a 1.544 Mbps signaL. 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.2 Original Sheet No.9 DS-O with VF Access DS-O Service with VF Local Access facilities provides for the transmission of analog voice and/or data within 300 Hz to 3000 Hz frequency range. DS-O with DDS Access DS-O Service with DDS Access facilities provides for the transmission of digital data at speeds 2.4, 4.8, 9.6 or 56 Kbps. Due Date The Due Date is the date on which payment is due. Expedite A Service order initiated at the request of the Customer that is processed in a time period shorter than the Company's standard Service intervaL. FCC Federal Communications Commission Individual Case Basis (lCB) Individual Case Basis (ICB) determinations involve situations where complex Customer- specific Company arrangements are required to satisfactorily serve the Customer. The nature of such Service requirements makes it diffcult or impossible to establish general tariff provisions for such circumstances. When it becomes possible to determine specific terms and conditions for such offerings, they will be offered pursuant to such terms and conditions. Installation The connection of a Circuit, Dedicated Access line, or port for new, changed or an additional Service. Interexchange Service Interexchange Service means that portion of a communications channel between a Company-designated Point-of-Presence in one exchange and a Point-of-Presence in another exchange. 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.2 Original Sheet No. 10 Interruption Interruption shall mean a condition whereby the Service or a portion thereof is inoperative, beginning at the time of notice by the Customer to Company that such Service is inoperative and ending at the time of restoration. Kbps Kilobits per second. LATA (Local Access Transport Area) A geographical area established for the provision and administration of communications Service of a local exchange company. Local Access Local Access means the Service between a Customer Premises and a Company designated Point-of-Presence. Local Access Provider Local Access Provider means an entity providing Local Access. Local Exchange Carrier (LEG) The local telephone utility that provides telephone exchange services. Mbps Megabits per second. Multiplexing Multiplexing is the sequential combining of lower bit rate Private Line Services onto a higher bit rate Private Line Service for more effcient facility capacity usage or vice versa. N/A Not available. 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.2 Original Sheet No. 11 Nonrecurring Charges ("NRC") Nonrecurring Charges are one-time charges. Payment Method The manner that the Customer designates as the means of biling charges for Calls using the Company's Service. Physical Change The modification of an existing Circuit, Dedicated Access line or port, at the request of the Customer, requiring some Physical Change or retermination. Point-of-Presence (POP) A Company-designated location where a facility is maintained for the purpose of providing access to its Service. Primary Route The route that in the absence of Customer-designated routing or temporary re-routing would be used by the Company in the provision of Service. Private Line A dedicated transmission channel furnished to a customer without intermediate switching arrangements for full-time customer use. Private Line Service A dedicated full-time transmission Service utilizing dedicated access arrangements. Rate Center A specified geographical location used for determining mileage measurements. Requested Service Date The Requested Service Date is the date requested by the Customer for commencement of Service and agreed to by the 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.2 Original Sheet No. 12 Restore To make Service operative following an interruption by repair, reassignment, re-routing, substitution of component parts, or otherwise, as determined by the carrieres) involved. Route Diversity Two channels that are furnished partially or entirely over two physically separate routes. Service Service means any or all Service(s) provided pursuant to this Tariff. Service Commitment Period The term elected by the Customer and stated on the Service order during which the Company wil provide the Services subscribed to by the Customer. The term can be monthly or in the case of Private Line Services for a period of up to 5 years. Special Promotional Offerings Special trial offerings, discounts, or modifications of its regular Service offerings that the Company may, from time to time, offer to its Customers for a particular Service. Such offerings may be limited to certain dates, times, and locations. Start of Service Date The Requested Service Date or the date Service first is made available by the Company whichever is later. Tariff The current Intrastate Services Tariff and effective revisions thereto filed by the Company with the Commission. Telephone Company NEUTRAL TANDEM-IDAHO, LLC 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.2 Original Sheet No. 13 Transmission Speed Data transmission speed or rate, in bits per seconds (bps). Two-Way Conversation A Two-Way Conversation is a telephone conversation between or among two or more parties. VF VF is voice frequency or voice-grade Service designed for private-line Service. Normal transmission is in the 300 hert to 3000-hert frequency band. 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.2 Original Sheet No.14 2. RULES AND REGULATIONS 2.1. Description and Limitations of Services 2.1.1. Intrastate Telecommunications Service ("Service") is the furnishing of Company communication Services contained herein between specified locations under the terms of this Tariff. 2.1.2. Any member of the general public (including any natural person or legally organized entity such as a corporation, partnership, or governmental body) is entitled to obtain Service under this Tariff, provided that the Company reserves the right to deny Service: (A) to any Customer that, in the Company's reasonable opinion, presents an undue risk of nonpayment, (8) in circumstances in which the Company has reason to believe that the use of the Service would violate the provisions of this Tariff or any applicable law or if any applicable law restricts or prohibits provision of the Service, or (C) if insufficient facilities are available to provide the Service (in such cases Company shall make best efforts to accommodate the needs of all potential Customers by means of facility improvements or purchases, of capacity, if such efforts wil, in the Company's opinion, provide the Company with a reasonable return on its expenditures), but only for so long as such unavailabilty exists. 2.1.3. Company, when acting at the Customer's request and as its authorized agent, wil make reasonable efforts to arrange for Service requirements, such as special routing, Diversity, Alternate Access, or circuit conditioning. 2.1.4. Service is offered in equal access exchanges subject to the availabilty of facilities and the provisions of this Tariff. Company reserves the right to refuse to provide Service to or from any location where the necessary facilties and/or equipment are not available. 2.1.5. Service may be discontinued after five business days written notice to the Customer if: 2.1.5.A. the Customer is using the Service in violation of this Tariff; or 2.1.5.B. the Customer is using the Service in violation of the law or Commission 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.2 Original Sheet No. 15 2.1.6. Service begins on the date that billng becomes effective and is provided on the basis of a minimum period of at least one month, 24 hours per day. For the purposes of computing charges in this Tariff, a month is considered to have 30 days. 2.1.7. Service wil be provided until canceled, by the Customer on not less than thirty (30) days' written notice from the date of postmark on the letter giving notice of cancellation. 2.1.8. Nothing herein, or in any other provision of this Tariff, or in any marketing materials issued by the Company shall give any person any ownership, interest, or proprietary right in any code or 800 number issued by the Company to its Customers. 2.1.9. The Company reserves the right to discontinue furnishing Services or biling options, upon written notice, when necessitated by conditions beyond its control. Conditions beyond the Company's control include, but are not limited to, a Customer's having Call volume or a callng pattern that results, or may result, in network blockage or other Service degradation which adversely affects Service to the callng part, the Customer, or other Customers of the Company. 2.1.10. Except as otherwise provided in this Tariff or as specified in writing by the party entitled to receive Service, notice may be given orally or in writing to the persons whose names and business addresses appear on the executed Service order and the effective date of any notice shall be the date of delivery of such notice, not the date of mailng. By written notice, Company or Customer may change the party to receive notice and/or the address to which such notice is to be delivered. In the event no Customer or Company address is provided in the executed Service order, notice shall be given to the last known business address of Customer or, as appropriate. 2.1.11. To the extent that any conflict arises between the terms and conditions of a Service Agreement and the terms and conditions of this Tariff, the Tariff shall prevail, except such terms and conditions in a Service Agreement that are expressly set forth therein as ICB terms or conditions, in which case such ICB terms and conditions shall prevaiL. 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.2 Original Sheet No. 16 2.2. Other Terms and Conditions 2.2.1. The name(s) of the Customer(s) desiring to use the Service must be stipulated in the Application for Service. 2.2.2. The Customer agrees to operate the Company provided equipment in accordance with instructions of the Company or the Company's agent. Failure to do so wil void the Company liability for interruption of Service and may make Customer responsible for damage to equipment pursuant to Section 2.2.3 below. 2.2.3. Customer agrees to return to the Company all Company-provided equipment delivered to Customer within five (5) days of termination of the Service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision. 2.2.4. A Customer shall not use any service-mark or trademark of the Company or refer to the Company in connection with any product, equipment, promotion, or publication ofthe Customer without prior written approval ofthe Company. 2.2.5. In the event suit is brought or any attorney is retained by the Company to enforce the terms of this Tariff, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith. 2.2.6. The provision of Service wil not create a partnership or joint venture between the Company and the Customer nor result in joint Service offerings to their respective Customers. 2.2.7. The rate or volume discount level applicable to a Customer for a particular Service or Services shall be the rate or volume discount level in effect at the beginning of the monthly billng period applicable to the Customer for the particular Service or Services. When a Service is subject to a minimum monthly charge, account charge, port charge or other recurring charge or Nonrecurring Charge for both intrastate and interstate Service, only one such charge shall apply per account and that charge shall be the interstate charge. 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.2 Original Sheet No. 17 2.2.8. Service requested by Customer and to be provided pursuant to this Tariff shall be requested on Company Service Order forms in effect from time to time or Customer's forms accepted in writing by an authorized headquarters representative of the Company (collectively referred to as "Service Orders"). 2.2.9. If an entity other than the company (e.g., another carrier or a supplier) imposes charges on the Company in connection with a Service that entity's charges wil be passed through to the Customer also. 2.2.10. The Service Commitment Period for any Service shall be established by the Service Order relevant thereto and commence on the Start of Service Date. Upon expiration, each Service Commitment Period for such Service shall automatically be extended subject to written notice of termination by either Company or Customer as of a date not less than thirt (30) days after delivery of said notice to the other. The charges for Interexchange Service during any such extension shall not exceed the then current Company month-to-month charges applicable to such Service. 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.2 Original Sheet No. 18 2.3. Liability 2.3.1. Except as provided otherwise in this Tariff, the Company shall not be liable to Customer or any other person, firm or entity for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or miltary authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing Services to restore service in compliance with Part 64, Subpart D, Appendix Ai of the FCC's Rules and Regulations. 2.3.2. With respect to the Services contained herein and except as otherwise provided herein, the Company's liability shall not exceed an amount equal to the charge applicable to a one minute Call to the Called Station at the time the affected Call was made. If the initial minute rate is higher than the additional minute rate, the higher rate shall apply. For those Services with monthly recurring charges, the Company's liability is limited to an amount equal to the proportionate monthly recurring charges for the period during which Service was affected. 2.3.3. The Company is not liable for any act or omission of any other company or companies (including any Company affliate that is a participating or concurring carrier) furnishing a portion of the Service or facilties, equipment, or Services associated with such Service. 2.3.4. The Customer is responsible for taking all necessary legal steps for interconnecting the Customer provided terminal equipment with the Company facilities. The Customer shall ensure that the signals emitted into the Company's network do not damage Company equipment, injure personnel or degrade Service to other Customers. The Customer is responsible for securing all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. In addition, the customer shall comply with applicable LEC signal power limitations. 2.3.5. The Company may rely on Local Exchange Carriers or other third parties for the performance of other Services such as Local Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company may act as agent for Customer in obtaining such other Services. Customer's liability for charges hereunder shall not be reduced by untimely Installation or non-operation of Customer provided facilities and equipment. 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.2 Original Sheet No. 19 2.3.6. The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein, or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all times in full force and effect until modified in writing. 2.3.7. The Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever as a result of mistakes, accidents, errors, omissions, interruptions, delays, or defects in Service (collectively "Defects"). Defects caused by or contributed to, directly or indirectly, by any act or omission of Customer or its customers, affiliates, agents, representatives, invitees, licensees, successors or assigns or which arise from or are caused by the use of facilities or equipment of Customer or related parties shall not result in the imposition of any liability whatsoever upon the Company, and Customer shall pay to the Company any reasonable costs, expenses, damages, fees or penalties incurred by the Company as a result thereof, including penalties incurred by the Company as a result thereof, including costs of Local Access Providers' labor and materials. In addition, all or a portion of the Service may be provided over facilities of third parties, or sold by third parties, and the Company shall not be liable to Customer or any other person, firm or entity in any respect whatsoever arising out of Defects caused by such third parties. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR BUSINESS INTERRUPTION, FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF ANY DEFECTS OR ANY OTHER CAUSE. THE COMPANY'S LIABILITY, IF ANY, WITH REGARD TO THE DELAYED INSTALLATION OF THE COMPANY'S FACILITIES OR COMMENCEMENT OF SERVICE SHALL NOT EXCEED $1,000. THIS WARRANTY AND THESE REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF AN INTERRUPTION IN SERVICE OR ANY DEFECT IN THE SERVICE WHATSOEVER, NEITHER COMPANY NOR ANY AFFILIATED OR UNAFFILIATED THIRD PARTY, THIRD PARTY PROVIDER OR OPERATOR OF FACILITIES EMPLOYED IN THE PROVISION OF THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER. 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.2 Original Sheet No. 20 2.3.8. With respect to the routing of Calls by the Company to public safety answering points or municipal Emergency Service providers, Company liability, if any, wil be limited to the lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct result of the Company's action, or failure to act, in routing the Call, or (b) the sum of $1,000.00. 2.3.9. In the event parties other than Customer (e.g., Customer's customers) shall have use of the Service directly or indirectly through Customer, then Customer agrees to forever indemnify and hold Company and any affliated or unaffiliated third-party, third-party provider or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted by said parties arising out of or relating to any Defects. 2.3.10. In the event that Company is required to perform a Circuit redesign due to inaccurate information provided by the Customer; or, circumstances in which such costs and expenses are caused by the Customer or reasonably incurred by the Company for the benefit of the Customer, the Customer is responsible for the payment of all such 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-IDAHO, LLC Idaho P.U.C. No.2 Original Sheet No. 21 2.4. Cancellation of Service by a Customer 2.4.1. If a Customer cancels a Service Order before the Service begins, before completion of the Minimum Period, or before completion of some other period mutually agreed upon by the Customer and the Company, a charge wil be levied upon the Customer for the nonrecoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by the Company and not fully reimbursed by Installation and monthly charges. If, based on a Service order by a Customer, any construction has either begun or been completed, but no Services provided, the nonrecoverable costs of such construction shall be borne by the Customer. 2.4.2. Upon thirty (30) days' prior written notice, either Customer or Company shall have the right, without cancellation charge or other liability, to cancel the affected portion of the Service, if the Company is prohibited by governmental authority from furnishing said portion, or if any material rate or term contained herein and relevant to the affected Service is substantially changed by order of the highest court of competent jurisdiction to which the matter is appeal, the Federal Communications Commission, or other local, state or federal government authority. 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.2 Original Sheet No. 22 2.5. Cancellation for Cause by the Company 2.5.1. Upon nonpayment of any sum owing to the Company, or upon a violation of any of the provisions governing the furnishing of Service under this Tariff, the Company may, upon five business days written notification to the Customer, except in extreme cases, without incurring any liability, immediately discontinue the furnishing of such Service. The written notice may be separate and apart from the regular monthly bil for service. Customer shall be deemed to have canceled Service as of the date of such disconnection and shall be liable for any cancellation charges set forth in this Tariff. 2.5.2. Without incurring any liability, the Company may discontinue the furnishing of Service(s) to a Customer upon five business days written notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or Services under the following circumstances, except under extreme cases where the customer may be disconnected immediately and without notice: 2.5.2.A. if the Customer refuses to furnish information to the Company regarding the Customer's credit-worthiness, its past or current use of common carrier communications Services or its planned use of Service(s); 2.5.2.B. if the Customer provides false information to the Company regarding the Customer's identity, address, credit-worthiness, past or current use of Customer communications Services, or its planned use of the Company Service(s); 2.5.2.C. if the Customer states that it wil not comply with a request of the Company for reasonable security for the payment for Service(s); 2.5.2.0. ifthe Customer has been given five business days written notice in a separate mailing by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's communications Services to which the Customer either subscribes or had subscribed or used; 2.5.2.E. in the event of unauthorized use. 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.2 Original Sheet No. 23 2.5.2.F. following the disconnection of service for any of these reasons, the Company or the local exchange utility acting as Company agent, wil notify the telephone user/customer that service was disconnected and why. The notice wil include all reasons for the disconnection and wil include a toll-free number where an end user/customer can obtain additional information. Notice shall be deemed given upon deposit, postage prepaid, in the U.S. Mail to the end user's/customer's last known address and in compliance with the Commission's rules. 2.5.3. The discontinuance of Service(s) by the Company pursuant to this Section does not relieve the Customer of any obligations to pay the company for charges due and owing for Service(s) furnished up to the time of discontinuance. The remedies set forth herein shall not be exclusive and the Company shall at all times be entitled to all rights available to it under either law or equity. 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.2 Original Sheet No. 24 2.6. Credit Allowance 2.6.1. Credit allowance for the interruption of Service is subject to the general liability provisions set forth in this Tariff. Customers shall receive no credit allowance for the interruption of service that is due to the Company's testing or adjusting, negligence of the Customer, or to the failure of channels or equipment provided by the Customer. The Customer should notify the Company when the Customer is aware of any interruption in Service for which a credit allowance is desired. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission within Customer's control, or is not in wiring or equipment, if any, furnished by the Customer in connection with the Company's Services. 2.6.2. No credit is allowed in the event service must be interrupted in order to provide routine service quality or related investigations. 2.6.3. No credit shall be allowed: 2.6.3.A. For failure of services or facilties of Customer; or 2.6.3.B. For failure of services or equipment caused by the negligence or wilful acts of Customer. 2.6.4. Credit for an interruption shall commence after Customer notifies Company of the interruption and ceases when services have been restored. 2.6.5. Credits are applicable only to that portion of Service interrupted. 2.6.6. For purposes of credit computation, every month shall be considered to have 720 hours. 2.6.7. No credit shall be allowed for an interruption of a continuous duration of less than two hours. 2.6.8. The Customer shall be credited for an interruption of two hours or more at a rate of 11720th of the monthly recurring charge for the service affected for each hour or major fraction thereof that the interruption continues. Calculations of the credit shall be made in accordance with the following formula. Credit Formula:Credit =A X 720 B "A" = outage time in hours "B" = total monthly charge for affected facility 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.2 Original Sheet No. 25 2.7. Use of Service 2.7.1 The Services offered herein may be used for any lawful purpose, including residential, business, governmental, or other use. There are no restrictions on sharing or resale of Services. However, the Customer remains liable for all obligations under this Tariff notwithstanding such sharing or resale and regardless of the Company's knowledge of same. The Company shall have no liability to any person or entity other than the Customer and only as set forth in Section 2.3. The Customer shall not use nor permit others to use the Service in a manner that could interfere with Services provided to others or that could harm the facilties of the Company or others. 2.7.2. Service furnished by the Company may be arranged for joint use or authorized use. The joint user or Authorized User shall be permitted to use such Service in the same manner as the Customer, but subject to the following: 2.7.2.A. One joint user or Authorized User must be designated as the Customer. 2.7.2.B. All charges for the Service wil be computed as if the Service were to be biled to one Customer. The joint user or Authorized User that has been designated as the Customer will be biled for all components of the Service and will be responsible for all payments to the Company. In the event that the designated Customer fails to pay the Company, each joint user or Authorized User shall be liable to the Company for all charges incurred as a result of its use of the Company's Service. 2.7.3. In addition to the other provisions in this Tariff, Customers resellng Company Services shall be responsible for all interaction and interface with their own subscribers or customers. The provision of the Service wil not create a partnership or joint venture between Company and Customer nor result in a joint communications Service offering to the Customers of either the Company or the Customer. 2.7.4. Service furnished by the Company shall not be used for any unlawful or fraudulent purposes. 2.7.5. The Customer wil be biled directly by the LEC for certain Dedicated Access arrangements selected by the Customer for the provisioning of direct access arrangements. In those instances where the Company at the Customer's request may act as agent in the ordering of such arrangements, the Company wil bil the Customer Local Access 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-IDAHO, LLC Idaho P.U.C. No.2 Original Sheet No. 26 2.8. Payment Arrangements 2.8.1. The Customer is responsible for payment of all charges for Services furnished to the Customer or its joint or Authorized Users. This responsibilty is not changed due to any use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public. 2.8.2. The Company's bils are due upon receipt. Amounts not paid within 30 days from the Bil Date of the invoice wil be considered past due. Customers will be assessed a late fee on past due amounts in the amount not to exceed the maximum lawful rate under applicable state law. If a Customer presents an undue risk of nonpayment at any time, the Company may require that Customer to pay its bils within a specified number of days and to make such payments in cash or the equivalent of cash. 2.8.3. In determining whether a Customer presents an undue risk of nonpayment, the Company shall consider the following factors: (A) the Customer's payment history (if any) with the Company and its affiliates, (8) Customer's abilty to demonstrate adequate ability to pay for the Service, (C) credit and related information provided by Customer, lawfully obtained from third parties or publicly available, and (D) information relating to Customer's management, owners and affliates (if any). 2.8.4. Disputes with respect to charges must be presented to the Company in writing within thirty days from the date the invoice is rendered or such invoice will be deemed to be correct and binding on the Customer. 2.8.5. If a LEC has established or establishes a Special Access surcharge, the Company wil bil the surcharge beginning on the effective date of such surcharge for Special Access arrangements presently in Service. The Company wil cease biling the Special Access surcharge upon receipt of an Exemption Certificate or if the surcharge is removed by the LEC. 2.8.6. In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. 2.8.7. Company wil not require deposits or advance payments by Customers for 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-IDAHO, LLC Idaho P .U.C. No.2 Original Sheet No. 27 2.9. Assignment 2.9.1. The obligations set forth in this Tariff shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns, provided, however, the Customer shall not assign or transfer its rights or obligations without the prior written consent of the Company. 2.10. Tax and Fee Adjustments 2.10.1. All state and local taxes (Le., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates. 2.10.2. If at any future time a municipality acquires the legal right to impose an occupation tax, license tax, permit fee, franchise fee or other similar charge upon the Carrier, and imposes the same by ordinance or otherwise, such taxes, fees or charges shall be biled to the end users receiving service within the territoriallimits of such municipality. Such billng shall allocate the tax, fee or charge among end users uniformly on the basis of each end user's monthly charges for the types of service made subject to such tax, fee or charge. 2.10.3. If at any future time a county or other local taxing authority acquires the legal right to impose an occupation tax, license tax, permit fee, franchise fee or other similar charge upon the Carrier, and imposes the same by ordinance or otherwise, such taxes, fees or charges shall be billed to the end users receiving service within the territorial limits of such county or other taxing authority. Such billng shall allocate the tax, fee or charge among end users uniformly on the basis of each end user's monthly charges for the types of service made subject to such tax, fee or charge. 2.10.4. When utility or telecommunications assessments, franchise fees, or privilege, license, occupational, excise, or other similar taxes or fees, based on interstate or intrastate receipts are imposed by certain taxing jurisdictions upon the Company or upon local exchange companies and passed on to the Company through or with interstate or intrastate access charges, the amounts of such taxes or fees wil be billed to Customers in such a taxing jurisdiction on a prorated basis. The amount of charge that is prorated to each Customer's bil is determined by the interstate or intrastate telecommunications service provided to and biled to an end user/customer service location in such a taxing jurisdiction with the aggregate of such charges equal to the amount of the tax or fee imposed upon or passed on to the 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.2 Original Sheet No. 28 2.10.5. When any municipality, or other political subdivision, local agency of government, or department of public utilities imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee or regulatory fee, such taxes and fees shall, insofar as practicable, be billed pro rata to the Company's Customers receiving service within the territorial limits of such municipality, other political subdivision, local agency of government, or public utility commission. 2.10.6. The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amount it is required by governmental or quasi-government authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund, the Primary Interexchange Carrier Charge, and compensation to payphone service providers for use of their payphones to access the Company'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-IDAHO, LLC Idaho P.U.C. No.2 Original Sheet No. 29 2.11. Method for Calculation of Airline Mileage 2.11.1. The airline mileage between two cities can be calculated using the Vertical M and Horizontal (H) coordinates of the serving wire centers associated with the Company's POP locations. The method for calculating the airline mileage is obtained by reference to AT&T's Tariff F.C.C. No. 10 in accordance with the following formula: the square root of.N1-V2)2 + (H 1-H2)2 10 where V1 and H1 correspond to the V&H coordinates of City 1 and V2 and H2 correspond to the V&H coordinates of City 2. Example: City 1 City 2 i- 5004 5987 -t 1406 3424 the square root of.(5004-5987)2 + (1406-3424)2 10 The result is 709.83 miles. Any fractional miles are rounded to the next higher whole number; therefore, the airline mileage for this example is 710 miles. 2.12. Time of Day Rate Periods 2.12.1. Time of Day Rate Periods are determined by the time of day at the location of the Callng Station. The rates shown in Section 4 apply as follows: DAY: From 8:01 AM to 5:00 PM Monday - Friday EVENING: From 5:01 PM to 11 :00 PM Monday - Friday and Sunday NIGHT/ WEEKEND: From 11 :01 PM to 8:00 AM Everyday From 8:01 AM to 11 :00 PM Saturday From 8:01 AM to 5:00 PM Sunday 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.2 Original Sheet No. 30 2.13. Special Customer Arrangements 2.13.1. In cases where a Customer requests a special or unique arrangement which may include engineering, conditioning, Installation, construction, facilities, assembly, purchase or lease of facilities and/or other special Services not offered under this Tariff, the Company, at this option, may provide the requested Services. Appropriate recurring charges and/or Nonrecurring Charges and other terms and conditions wil be developed for the Customer for the provisioning of such arrangements. 2.14. Inspection 2.14.1. The Company may, upon notice, make such tests and inspections as may be necessary to determine that the requirements of this Tariff are being complied with in the Installation, operation or maintenance of Customer or the Company equipment. The Company may interrupt the Service at any time, without penalty to the Company, should Customer violate any provision herein. 2.15. Bad Check Charges 2.15.1. The Company charges Customers $20.00 for checks that are returned. 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.2 Original Sheet No. 31 3. DESCRIPTION OF SERVICES 3.1 General Company undertakes to offer and provide wholesale interexchange telecommunications services within its Service Area to Reseller Customers for resale to their End Users orto other Telecommunications Service providers or Information Service providers. The Services described herein are part of the Company's one- stop shopping package offering a full service platform to the wholesale marketplace, including interstate and international voice and data services. Although The Company does not solicit end users for any of the Services described in this Section, unsolicited requests by end users for casual callng or dial-around service and presubscribed or referred carrier service from The Company wil be provided for in accordance with this Tariff. 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.2 Original Sheet No. 32 3.2 Resale Service Offerings Applicable rate schedule for the following services are provided in Section 4. Dedicated Access Lines may be required to connect Customer to Company's POP. Such Dedicated Access Lines, when required, shall be the sole responsibilty of the Customer. Notwithstanding such responsibility, Company shall, upon Customer's request, order such Dedicated Access Lines on behalf of Customer or its End Users, and shall invoice Customer for all related recurring and non-recurring charges. 3.2.1 Company "Switched One Plus Service" offers Reseller Customers interexchange Services via Feature Group D Access Lines for seamless origination, transmission and termination of communications. Feature Group D access is provided by the Local Exchange Carrier and allows the Customer to use its own Carrier Identification Code to route traffic to the Company's POP while the Customer's End Users wil recognize the Customer as the End User's presubscribed interexchange carrier. The intrastate rates that The Company charges Reseller Customers Switched One Plus Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.1 of this tariff. 3.2.2 Company "Dedicated One Plus Service" offers Reseller Customers interexchange Services via dedicated Access Lines for seamless origination, transmission and termination of communications. Dedicated access to the Company's POP may be provided by the Customer, Company or a Local Access Provider. The intrastate rates that The Company charges Reseller Customers for Dedicated One Plus Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.2 of this tariff. 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.2 Original Sheet No. 33 3.2.3 Company "Toll Free Service" offers Reseller Customers toll free numbers (e.g., 800, 888 or 877) for their subscribers and allows callers to reach the subscriber without toll charges. Toll Free Service consists of a basic service (assignment of a toll free telephone number and a toll free callng area selected by the Customer) and additional features that Customers can select. 3.2.3.A Switched Toll Free Service is an inbound long distance service. This service terminates calls over the local telephone lines of Reseller Customer's toll free subscriber, and calls are toll-free to the calling part. The rates that The Company charges Reseller Customers for Switched Toll Free Service are set forth in the Service Agreement between the Company and the reseller Customer and in Section 4.2.3 of this tariff. 3.2.3.B Dedicated Toll Free Service is an inbound long distance service. This service terminates calls over dedicated Access Lines from Company's POP to the service location(s) of Reseller Customer or its toll free subscriber, and calls are toll-free to the callng party. The rates that The Company charges Reseller Customers for Dedicated Toll Free Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.4 of this tariff. 3.2.4 "Directory Assistance Service" offers Reseller Customers the ability to provide their End Users with phone numbers, addresses and NPAlCountry codes and automatic call completion. A per-call surcharge is assessed against the Reseller Customer for each call made by the its presubscribed End-Users. This surcharge applies whether or not the Directory Assistance operator furnishes the requested telephone number(s), e.g., the requested number is unlisted, non-published or no record can be found. Requests for information other than telephone numbers wil be charged for as requests for telephone numbers. Directory Assistance Service gives the option of completing a call to the called station telephone number received from the Directory Assistance operator without hanging up and originating a new calL. A usage rate for call completion applies in addition to the Directory Assistance per-call surcharge if the caller accepts the offer. The call completion charge wil not apply if the call cannot be completed. The per-call surcharge and usage rates that The Company charges its Reseller Customers for Directory Assistance Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.8. 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.2 Original Sheet No. 34 3.2.5 Company "Callng Card Service" offers Reseller Customers the abilty to allow their End Users to originate long distance calls from locations other than their primary service location through the use of a toll free network access number and an Authorization Code. The Company Calling Card Service provides an access number and authorization code issued by The Company which the Reseller Customer wil incorporate into its End User's callng card. The Company Callng Card Service allows a Reseller Customer's End Users who are away from their home or business, or who wish to have Callng Card Service only, access to The Company Network to place calls from any location in the State. Access to The Company Network for Calling Card Service is gained by dialing an access number. End Users may bil calls to their Callng Card account, maintained by the Reseller Customer, when callng from any location within the State. The rates that The Company charges Reseller Customers for Callng Card Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.5. 3.2.6 "Prepaid Calling Card Service" offers Reseller Customers the ability to allow their End Users to originate long distance calls on a prepaid basis via a toll free network access number and an Authorization Code. It allows Reseller Customers to bill their End Users in advance rather than in arrears, and allows Reseller Customers to renew their End Users' prepaid balance using interactive voice response (1IVR") units and a major credit card. The Company wil keep track of the prepaid account balance using the rate tables furnished by the Reseller Customer. On behalf of the Reseller Customer, The Company will give the Reseller Customer's prepaid calling card subscribers notice two (2) minutes before the available account balance is depleted, based upon the applicable rates for the call in progress, as furnished by the Reseller Customer. When the available balance is depleted, the call shall be terminated. The Reseller Customer's End-User will use the access number on the Prepaid Callng Card to access The Company Network. The Reseller Customer's applicable usage rate wil be deducted on a real-time basis as the card is used until the full amount of the card is exhausted. The rates The Company charges Reseller Customers for Prepaid Callng Card Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.6. The Company' Reseller Customers shall be responsible for their End Users' prepayments and providing any refunds due to their End Users. The Company does not own End Users' prepaid accounts and does not recover its rates from such accounts. The Company bils the Reseller Customer directly in arrears for Prepaid Callng Card Service. 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.2 Original Sheet No. 35 3.2.7 Company "Operator Assistance Service" offers Reseller Customers the abilty to provide its End Users with call completion functions performed either by a live operator or by automated systems. Such functions include collect calling, third part billng and callng card services. Access to The Company Operator Assistance Services can be obtained by the following dialing methods: (A) "00" from a telephone subscribed to The Company Network in a Feature Group D (FGD) area; (B) "0+ (NPA-NXX-XX)" from a telephone subscribed to The Company Network in a FGD area; (C) "101XXXX+ 0" from any non-pay telephone in a FGD area; and (D) "1-800- XX" from any location. The rates The Company charges Reseller Customers for Operator Assistance Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.7 of this tariff. The Company's Reseller Customers of Operator Service shall be responsible for compliance with all signage, labeling and tariffing requirements of the Commission regarding alternative operator services ("AOS") and consumer protection policies. 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.2 Original Sheet No. 36 3.3 End User Services 3.3.1 Casual Callng Casual Callng Service permits End User Customers to obtain Service without the necessity of presubscription of their local lines. Customers utilizing Casual Callng Service shall access Service by dialing an access code in the form of 101XX, where "X" is the 4 digit Carrier Identification Code (CIC) assigned to the Company. When dialing, the access code shall be followed by the normal sequence of 1 + Area Code + Number. Calls placed using Casual Callng Service are billed to Customer in whole minute increments rounded up to the next full minute through the serving Local Exchange Carrier's (LEG) monthly bilL. All End Users of Casual Callng are Customers of the Company, even when they are End Users of a Reseller for other Services. The rates for Casual Callng Service are set forth in Section 4.3.1. Casual Callng Service cannot be obtained through aggregator locations such as payphones. The Company wil block all 101 XXXX calls to its Carrier Access Code made from such locations. 3.3.2 Presubscription Service Presubscription Service permits End User Customers to select The Company as the Customer's presubscribed or preferred carrier for interLA TA and/or intraLA TA interexchange service. The rates for Presubscription Service are set forth in Section 4.3.2. 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.2 Original Sheet No. 37 3.4 Terms and Conditions 3.4.1 Wholesale Services wil be provided if the Reseller Customer agrees to each of the following points that are applicable: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) Secure and maintain all necessary state certifications, tariffs, and comply with the rules and regulations as set forth by the Commission. Provide all billng and collection services under its own brand name. Provide customer service under its own brand name. Secure and maintain a signed copy of the "letter of agency" from the End-User which defines the relationship between the End-User and the Reseller. Assume all responsibility for PIC disputes and complaints with the Local Exchange Carrier. Use its own product names that do not identify Company products. Use the Company name only in post-sale communications, which inform its subscribers that The Company is the underlying carrier and that the Company name may appear on copies of their local phone bils using specific language authorized by The Company. The End-User is the customer of the Reseller, not The Company. Assume all risk for bad debt. Accept responsibility for all charges, costs, etc. incurred by The Company with respect to Ancilary Services. Accept responsibility for all interaction and interface with its own subscribers or customers. 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.2 Original Sheet No. 38 3.4.2 The minimum Term for Service provided On-Net is one month (30 days), except where special construction is requested in which case the minimum Term may be longer. The minimum Term for Service provided Off-Net shall be the same as that minimum service term imposed on The Company for leasing the Off-Net facilities. 3.4.3 Service is available twenty-four (24) hours a day, seven (7) days a week. The beginning time for outbound calls is determined by the time at the point of origination. The beginning time for inbound calls (Toll Free Service) is determined by the time at the point of termination. 3.4.4 Usage sensitive charges are based on the actual usage of Company's facilties (On-Net and Off-Net). Such charges are measured in Conversation Minutes counted in six (6) second increments. Unless otherwise specified in this Tariff, the minimum call duration for billing purposes is six (6) seconds and usage is rounded to the next higher six (6) second increment after the initial period. 3.4.5 Chargeable time for Customer shall begin when the called part answers, as determined by hardware answer supervision, provided that such capabilities are available from the local telephone company. If hardware answer supervision is not available, then Carrier wil employ industry accepted standards for the timing of calls. Chargeable time for a call shall end upon disconnection by either part. 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.2 Original Sheet No. 39 4. RATES AND CHARGES 4.1. Usage Rates 4.1.1. The following are the actual and maximum per minute usage charges which apply to all calls. These charges are in addition to the Non-recurring Charges and Recurring Charges referred to herein. 4.1.2 Conversation Minutes, reflecting usage sensitive charges resulting from use of Service, are billed in increments of six (6) seconds with an initial period (minimum billng period) of six (6) seconds, unless otherwise specified. Following the initial period, all charges are rounded to the next higher six (6) second increment for billng purposes, unless otherwise specified. 4.1.3 Other than the charges indicated, there are no installation charges, other nonrecurring charges, or monthly recurring charges for Service, except for the installation charges and/or monthly recurring charges associated with the use of dedicated Access Lines ordered by Carrier on behalf of Customer or its End Users. 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 4.2 Wholesale Service Rates 4.2.1 Switched One Plus Service Usage Sensitive Charges (Rate per minute): Non-Usage Sensitive Charges: 4.2.2 Dedicated One Plus Service Usage Sensitive Charges (Rate per minute): Non-Usage Sensitive Charges: 4.2.3 Switched Toll Free Service Usage Sensitive Charges (Rate per minute): Non-Usage Sensitive Charges: 4.2.4 Dedicated Toll Free Service Usage Sensitive Charges (Rate per minute): Non-Usage Sensitive Charges: 4.2.5 Callng Card Service Idaho P.U.C. No.2 Original Sheet No. 40 Rate $0.18 N/A $0.12 N/A $0.18 N/A $0.12 N/A Conversation Minutes for Casual Callng Service are biled in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Usage Sensitive Charges (Rate per minute): Non-Usage Sensitive Charges (Per Call): Rate $0.24 $0.60 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.2 Original Sheet No. 41 4.2.6 Prepaid Callng Card Service Conversation Minutes for Prepaid Callng Service are biled in increments of six (6) seconds with an initial period (minimum billng period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.24 Non-Usage Sensitive Charges (Per Call): $0.60 4.2.7 Operator Assistance Service Conversation Minutes for Operator Assistance Service are billed in increments of six (6) seconds with an initial period (minimum billng period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.48 4.2.8 Directory Assistance Service Conversation Minutes for Directory Assistance Service are biled in increments of six (6) seconds with an initial period (minimum billng period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute) for call completion:$0.90 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.2 Original Sheet No. 42 4.3 End User Service Rates 4.3.1 Casual Calling Service Conversation Minutes for Casual Callng Service are biled in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.24 4.3.2 Presubscription Service Conversation Minutes for Presubscription Service are biled in increments of six (6) seconds with an initial period (minimum biling period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute):$0.18 ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 I ( .;