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HomeMy WebLinkAbout20090210Revised Illustrative Tariff.pdfN't¡t-i-oB ~Q~ NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 1 Idaho Public Utilities Commission Office of the Secretary RECEIVED FEB 102009 Boise, Idao NEUTRAL TANDEM-IDAHO, LLC REGULATIONS AND SCHEDULE OF INTRASTATE CHARGES APPLYING TO INTERLATAAND 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 T able of Contents ......................................................................................................................... 2 Explanation of Revis ion Marks...... ... .......................................................... .............. ............ .........3 Application of Tariff ........ .................................................................... ........ .......................... .........4 Applicability of Regulations......... .................................................................................................. 4 Section 1: Definiti ons .................................................................................................................... 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 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 inthe text that has not affected a change in neither a rate nor a regulation. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 4 APPLICATION OF TARIFF This tariff sets forth the services offerings, rates, terms and conditions applicable to Neutral Tandem-Idaho, LLC's (Telephone Company) furnishing of Idaho, intrastate InterLATA and 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:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 5 SECTION 1: DEFINITIONS Certain terms used herein are defined as follows: Access Service - transmission or switching services to carriers for the purpose of the origination or termination of telephone Toll Service and does not include 911 ,411, 976, 311,611,500,950, Directory Assistance, 0+ local, and 0+ operator services. Customer for Access Service is the Terminating Carrier, except if the Originating Carrier routes Off-Net traffc to the Telephone Company, then Access Services charges wil be applied to the 0 riginating 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 AM. to 5:00 or 6:00 P.M., respectively, with an hour for lunch, Monday through Friday, resulting in a standard fort (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 AM. 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. Callng Party Number (CPN) - means a Signaling System 7 "SST' parameter whereby the ten (10) digit number of the callng part is forwarded from the End Offce. 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 billng purposes. Central Offce - a local switching system where Telephone Exchange Service customer station loops are terminated for purposes of interconnection to each other and to trunks. Central Offce 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 networ k. 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:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 7 SECTION 1: DEFINITIONS Decibel - a unit used to express relative difference in power, usually between acoustic or electric signals, equal to ten (10) times the common logarithm of the ratio of two signal powers. Dedicated Transport - Direct-trunked transport provided between the customer's facilty and a Telephone Company facility, hub, or tandem. End Offce 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 Com pany's facility. Entrv 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 village and its environs. It consists of one or more central offces together with the associated facilties used in furnishing communications service within that area. One or more designated exchanges com prise 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 i onger available to new customers. Host Offce - an electronic switching system which provides call processing capabilties for one or more Remote Switching Modules or Remote Switching Systems. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-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 (ICB) - a condition in which the regulations, (if applicable) rates and charges for an offering under the provisions of this tariff are developed based on the circumstances in each case. Interconnected Carrier (IC) or Interconnected Common Carrier - any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged for hire in intrastate communication by wire or radio connected to the Telephone Company. Interstate Communications - both interstate and foreign communications. Interexchange Carrier (IXC) - Toll Service provider. Intrastate Communications - any communications within a state subject to oversight by a state regulatory commission as provided by the laws of the state involved. Intrastate communication can be intraLA T A or InterLA TA in nature, with intraLA T A calls being between two parties located within the same LATA and intrastate, interLA TA calls being between two users in different LA T As in the state. Line Information Data Base (UDB) - a transaction-oriented database system that functions as a centralized repository for data storage and retrievaL. UDS 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 num ber screening (OLNS) data, ZiP Code data, and call ing name information. Line Record - means information in UDB and/or the UDB administrative system that is specific to a single telephone number or billng number. Line-Side Connection - a connection of a transmission path to the line side of a local exchange switching system. ISSUED: ISSUED BY: EFFECTIVE: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 9 SECTION 1: DEFINITIONS 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 Ilinois, Metropolitan Statistical Area (MSA) is the term used to define a LAT A. 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 Billna (MPB) - refers t~ the biling 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-bil environment, each local carrier bils the appropriate tariffed rate for its portion of a jointly provided Access Service Message - a "Call" as defined preceding. Minutes of Use (MOUs) - 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), callng 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 facilties 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 (Numbenng Plan Area) code and a seven-digit telephone number made up of a three-digit Central Offce code plus a four-digit station number. Off-hook - the active condition of S witched Access or a Transit Service line. On-hook - the idle condition of S witched 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 facilty 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. Th,is percentage is stated as a whole number percentage that is the customer's best estimate of the percentage of the total use of the ser vice that will be interstate in nature. Percentage of Intrastate IntraLATA Use (PIIU) - Intrastate intraLATA versus intrastate interLA T A 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 intr astate service that wil be intrastate i ntraLA T A 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 thoroughfar e. 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 billng. 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 of 1996, as well as ISP-Bound Traffc, IntraLATA Toll Traffc (not delivered via IXC), CMRS IntraMTA Traffc 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: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 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 utilzing 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 Com pany 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 appl icable sections of this tar iff. (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 providedunder this tariff; however, where there is no interruption of use or relocation of the serv ices, 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 unexpi red 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 Iiabil ity applicable to such services, if any. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 15 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (Contd) 2.1.2 Limitations (Cont d) (B) In all cases of assignment or transfer, the written acknowledgment of the Telephone Company is required prior to such assignment or transfer which acknowledgment shall be made within 15 days from the receipt of notification. All regulations and conditions contained in this tariff shall apply to such assignee or transferee. (C) The assignment or transfer of services does not relieve or discharge the assignor or transferor from remaining jointly or severally liable with the assignee or transferee for any obligations existing at the time of the assignment or transfer. (D) The regulations for the installation and restoration of Telecommunications Service Priority (TSP) system services shall be subject to the Federal Communications Commission's Rules and Regulations. (E) Subject to compliance with the rules mentioned in (D) preceding, the services offered herein 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 liabilty, if any, shall not exceed an amount equal to the proportionate charge for the service for the period during which the service was affected. This liabilty for damages shall be in addition to any amounts that may otherwise be due the customer under this tariff as a Credit Allowance for a Service Interruption. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 16 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Còm pany (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 Com pany'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 riC") 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: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 17 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (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 facilties 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 withrespect 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 wil indemnify such customer for any damages awarded based solely on such claims. (H) The Telephone Company's failure to provide or maintain services under this tariff shall be excused by labor diffculties, 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 Com pany (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 facilties provided by other entities used for service to the Customer, even if the Telephone Company has acted as the Customer's agent in arranging for such facilities or services. Such facilties are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities. (J) Except as otherwise stated in this Tariff, any claim of whatever nature against the Telephone Company shall be deemed conclusively to have been waived unless presented in writing to the Telephone Company within thirt (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 Com pany (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. (M) THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. 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 20 SECTION 2: GENERAL REGULATIONS 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 facilties 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 wil be provided by the Telephone Company, at the customer's request, on a deregulated basis. This wire and equipment may also be provided by the customer. In either case, the customer shall own the wire and equipment beyond the Network Interface. For some services, Telephone Company provided equipment may be placed at an extended Si, causing the customer owned inside wire to be interpositioned. Standard Access Service has only one Point of Termination (Service Interface) per customer premises. Any additional termination beyond such Point of Termination wil 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 21 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (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 responsi bility, 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 facilties, equipment or wiring owned by the customer, a charge will apply on a deregulated basis. 2.1.7 Changes and Substitutions Except as provided for equipment and systems subject to F.C.C. Part 68 Regulations at 47 C.F.R. Section 68.110(b), the Telephone Company may, where such action is reasonably required in the operation of its business, (A) substitute, change or rearrange any facilties used in providing service under this tariff, including but not limited to, (1) substitution of different metallic facilities, (2) substitution of carrier or derived facilities for metallc facilties used to provide other than metallc facilities and (3) substitution of metallic facilities for carrier or derived facilities used to provide other than metallc facilties, (8) change minimum protection criteria, (C) change operating or maintenance characteristics of facilities or (D) change operations or procedures of the Telephone Company. The Telephone Company shall not be responsible if any such substitution, change or rearrangement renders any customer furnished services obsolete or requires modification or alteration thereof or otherwise affects their use or performance. If such substitution, change or rearrangement materially affects the operating characteristics of the facility, the Telephone Company 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 22 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (Contd) 2.1.8 Refusal and Disconti nuance of Service (A) Unless the provisions of 2.2.1 (8) 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 thirt (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 thirt (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 traffc 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 23 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (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 traffc from the Com pany while the Company and Custom er negotiate a term ination 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 wil continue to apply until suc h time as a termination agreement under which the Customer wil receive traffc from the Company becomes effective. The Customer and the Com pany wil use their best endeavors to resolve promptly and in good faith all outstanding issues in the negotiation of such an agr eement, and wil escalate any disputes to members of senior management. However, if the Customer and the Company are unable to come to a resolution of certain issues during the negotiation process, either the Customer or the Company may at any time request arbitration, mediation or assistance from the Commission or, if applicable, the Federal Communications Commission, to resolve the remaining issues, in accordance with the appl icable 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 24 SECTION 2: GENERAL REGULATIONS 2.1 Undertaking of the Telephone Com pany (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 facilties additions, removals or rearrangements, routine preventative maintenance and major switching machine change-out. Generally, such activities are not individual customer service specific, they affect many customer services. No specific advance notification period is applicable to all service activities. The Telephone Company wil work cooperatively with the customer to determine reasonable notification requirements. 2.1.11 Coordination with Respect to Network Contingencies The Telephone Company intends to work cooperatively with the customer to develop network contingency plans in order to maintain maximum network capability 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 Part 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 25 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 facilties utilzed to provide services under this tariff shall not interfere with or impair service over any facilities of the Telephone Company, its affliated 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 em ployees of any of them or the public. (B) Except as provided for equipment or systems subject to the FCC Part 68 Rules in 47 C.F.R. Section 68.108, if such characteristics or methods of operation are not in accordance with (A) preceding, the Telephone Company wil, where practicable, notify the customer that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to preclude the Telephone Company's right to temporarily discontinue forthwith the use of a service if such action is reasonable under the circumstances. In case of such temporary discontinuance, the customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in 2.4.4 (A) and (B) following is not applicable. 2.2.2 Unlawful Use The service provided under this tariff shall not be used for an unlawful purpose. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 26 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 utilzed 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 facilties 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 paym ent. 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 will 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 27 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 0 r 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 facilties, operations or procedures of the Telephone Company, minimum protection criteria or operating or maintenance characteristics of the facilities. 2.3.7 References to the Telephone Company The customer may advise End Users that certain services are provided by the Telephone Company in connection with the service the customer furnishes to End Users; however, the customer shall not represent that the Telephone Company jointly participates in the customer's services. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 28 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (Contd) 2.3.8 Claims and Demands for Damages (A) With respect to claims of patent infringement made by third persons, the customer 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, facilties 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 thi s 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 29 SECTION 2: GENERAL REGULATIONS 2.3. Obligations of the Custom er (Contd) 2.3.9 Traffc Information (A) Customer shall provide Signaling Data (as defined below) and shall not, directly or indirectly, including in concert with a third part, 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) callng 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 ParameterrJIP") and (f) any other signaling data that affects the terminating Party's ability to jurisdictionalize traffc. 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 traffc, including prior traffc, wil be re-rated to the highest tariff rate. Upon request, Telephone Company wil 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 Com pany for each calL. (C) If customer is passing Line Information but the Telephone Company is not properly receiving information, the parties will work cooperatively to correct the problem. (D) All calls exchanged without CPN information will be billed at the access or transit rate, whichever is greater. For transit traffc, 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 30 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (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 sitùated is interstate in nature.) (1) When a customer orders a new Access Service, the customer shall, in its order, state the proportion of the service which is to be provided for interstate use. This proportion is the Percent for Interstate Use or PIU. The customer can either specify one general PIU for the service usage or the customer can specify an 800 terminating PIU and a residual PIU. All PIUs shall be stated as whole number percentages. If the customer chooses to report one general Percent for Interstate Use, then the general PIU wil be the customer's best estimate of the percentage of the total use of the trunk group that wil be interstate in nature. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 31 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (Contd) 2.3.10 Jurisdictional Report Requirements (Contd) (8) (1) (Cont'd) 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 will not be 800 terminating usage and wil 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 will 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 32 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 call 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) wil become effective on the first day of the next monthly biling period which begins at least 15 business days after the day on which the customer reports the revised PTVA(s) to the Telephone Company. No revisions to bils preceding the effective date of the revised PTVA(s) 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: 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 Custom er (Contd) 2.3.10 Jurisdictional Report Requirements (Contd) (B) (Contd) (4) NPA-NXX Surrogate If the customer's end users utilize NPA-NXXs from outside of a local market to terminate Transit calls, customer shall report a NPA-NXX Surrogate, which shall be customer's estimate of Transit traffic 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 wil ask the customer to provide the data the customer uses to determine the PIU or PTVA The customer shall supply the data within 15 days of the Telephone Company request. The customer shall keep records of call detail, inciUding not altering directly or indirectly with a third party call origination or termination data from which the Call Classification can be ascertained. Upon request of the Telephone Company, customer shall make the records available for inspection as reasonably necessary for purposes of verification. Requests for verification shall be limited to no more than two per year, except in extreme circumstances. Audits may be conducted by independent auditors if the Telephone Company and the customer or the customer alone is wiling to pay the expenses of the audit. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 34 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (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 (Le., nonrecurring, monthly and/or usage) including the associated charges for transport and port charges and optional features, wil be prorated between interstate and intrastate. The Percentage for Interstate Use PIU(s) reported as set forth in 2.3.10 preceding will serve as the basis for prorating the charges. The percentage of a Tandem Service to be charged as interstate is applied in the following manner: (A) For monthly and nonrecurring chargeable rate elements (1) Tandem Services Except Direct-Trunk Transport Facilities or Entrance 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 appli cable tariff rate per element (2) Direct-Trunked Transport Facilties and Entrance Facilities Multiply the Direct-Trunked Transport Facilty or Entrance Facilty PIU, times the quantity of chargeable elements times the stated applicable 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 that is identified by jurisdiction times the applicable stated tariff rate. (2) If the customer has chosen to provide one general PIU for all usage types, then multiply the general PIU times actual usage (Le., measured or Telephone Company assumed average usage) which cannot be jurisdictionally identified times the stated tariff rate. If the customer has chosen to provide separate usage type PIUs and the residual PIU, then multiply the usage type PIU or the residual PIU times the corresponding actual usage type minutes of use times the stated applicable tariff rate. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 35 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (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 traffc on that service, the service will be provided in accordance with the applicable rules and regulations of Neutral Tandem, Inc. Tariff F.C.C. NO.1. (B) Jurisdictional Use Certification Requirement When a customer orders a service from this tariff, the customer shall certify in its order that the service meets the requirements for classification as intrastate. The customer shall be responsible for advising the Telephone Company of any changes in such classification. 2.3.13 Determination of Charges for Mixed Transit and Access Service When mixed Transit and Access Service is provided, all charges (Le., 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 will be applied in the following manner: ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 36 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (Contd) 2.3.13 Determination of Charges for Mixed Transit and Access Service (Contd) (A) For monthly and non recurring chargeable rate elements (1) Tandem Services Except Direct-Trunk Transport Facilties or Entrance Facilties 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 (i.e., Access versus Transit) tariff rate per element (2) Direct-Trunked Transport Facilities and Entrance Facilities Multiply the Direct-Trunked Transport Facility or Entrance Facility PTV A, times the quantit of chargeable elements times the stated applicable (i.e., Access versus Transit) tariff rate per element. (B) For all Tandem Services usage sensitive chargeable rate elements: (1) If the actual jurisdiction of the usage can be identified, multiply 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 biled the difference, if any, between the usage rate for Transit Service and the usage rate for Access Service. For intrastate Access Services, if the rate for intraLA T A or intraMSA service is different than the rate for interLA T A 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 37 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (Contd) 2.3.13 Determination of Charges for Mixed Transit and Access Service (Contd) (B) For all Tandem Services usage sensitive chargeable rate elements: (Contd) (2) If the customer has chosen to provide one general PTV A for all usagetypes, then multiply the general PTVA times actual usage (Le., 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 PTVA or the residual PTVA times the corresponding actual usage type minutes of use times the stated applicable tariff rate. For intrastate Access Services, if the rate for intraLA T A service is different than the rate for InterLATA service and the actual jurisdiction of the usage data cannot be determined, then the customer shall provide the estimated percentage of intrastate intraLATA use (PIIU). 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 T A in nature versus intrastate interLA TA in nature. It shall be the customer's responsibility to update the P IIU for any changes. 2.3.14 Certification of Tandem Services As Access and Transit (A) Determination of Call CI assification Call Classification is the classification of traffc as Access Service or as Transit Service. If a call cannot be classified by its call record data, and a PTVA has not been provided, then the call wil be rated at the highest tariff rate assessable for Access Service or Transit Service. (B) Call Classification Certification Requirement When a customer orders a Tandem Service from this tariff, the customer shall certify in its order that the traffc it is sending via the Tandem Service meets the requirements for Call Classification as Access and/or Transit Service. The customer shall be responsi ble 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 38 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Custom er (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 capabilty, 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 Com pany. 2.3.19 Compliance with Laws Customer shall comply with all applicable laws and regulations in its use of the service. Customer is solely responsible for all products and services it provides to its End Users and to other carriers. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 39 SECTION 2: GENERAL REGULATIONS 2.3 Obligations of the Customer (Contd) 2.3.20 Exchange of Traffc and Information All facilities interconnected to the Telephone Company by Customer shall be two-way in nature, unless otherwise agreed in writing by the Telephone Company. Customer shall accept both originating and terminating traffc from the Telephone Company. At all times, Customer shall provide facilities within its network that are necessary for routing, transporting, measuring, and biling 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 facilities 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 (Le., traffc that is not Transit and Access traffc, including 911, 411, 976, directory assistance, and 0+ operator services local calls). Telephone Company wil block any Non- Authorized Traffc sent to the Telephone Company switches and wil have no obligation to carry such traffc. Customer wil not send to the Telephone Company local traffc that is destined for the network of a third party carrier unless Customer has the authority to exchange traffc 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 40 SECTION 2: GENERAL REGULATIONS 2.4 Payment Arrangements and Credit Allowances 2.4.1 Payment of Rates, Charges and Deposits (A) The Company wil not require advance deposits. (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 biling period except for charges associated with service usage will 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 bil day. Any known unbilled usage charges for prior periods and any known unbiled adjustments wil be applied to this bil. 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 (Le., 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 (Le., 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 wil 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 Com pany. (D) In the event that a billng dispute concerning any charges biled 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 bill 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 billng dispute is resolved in favor of the customer, no late payment penalty wil 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 billng 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 wil be paid to the customer from the date of the overpayment to and including the date on which the refund is made to the customer. The interest rate will be 0.000493 per day (annual percentage rate of 18.0%), applied on a simple interest basis. Refunds wil be made by crediting the customer's account. (E) Adjustments for the quantities of services established or discontinued in any billng period beyond the minimum period set forth for services in other sections of this tariff will be prorated to the number of days or major fraction of days based on a 30 day month. The Telephone Company wil, upon written request and if available, furnish such detailed information as may reasonably be required for verification of any bilL. (F) When a rate as set forth in this tariff is shown to more than two decimal places, the charges wil 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 Customer's invoices. To the extent Customer claims exemption from any tax or fee, Customer must provide a valid exemption certificate. Customer agrees to pay and to hold the Telephone Company harmless from and against any penalty, interest, additional tax, or other charge that may be levied or assessed as a result of a delay or failure of Customer, for any reason, to pay any tax or fee charged to Customer by the Telephone Company. (H). Customer shall be liable for the payment of all fees and expenses (including, without limitation, attorney's fees and expenses, costs of investigation, 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. (B) When a service with a minimum period greater than one month is discontinued prior to the expiration of the minimum period, the applicable charge wil be the total monthly charges, at the rate level in effect at the time service is discontinued, for the remainder of the minimum period, unless otherwise expressly specified under the terms of the written service order. 2.4.3 Cancellation of an 0 rder for Service Provisions for the cancellation of an order for service are established in the service order. 2.4.4 Credit Allowance for Service Interruptions (A) General A service is interrupted when it becomes unusable to the customer because of a failure of a facility component used to furnish service under this tariff or in the event that the protective controls applied by the Telephone Company result in the complete loss of service by the customer, through no fault of the customer directly or indirectly. An interruption period starts when an inoperative service is reported to the Telephone Company, and ends when the service is operative. ISSUED: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 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 facility 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 IdahoP.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) i nterruptions caused by the negligence of the cu stomer. (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 do liar. (D) Use of an Alternative Service Provided by the Telephone Company Should the customer elect to use an alternative service provided by the Telephone Company during the period that a service is interrupted, the customer must pay the tariffed rates and charges for the alternative service used. (E) Temporary Surrender of a Service In certain instances, the customer may be requested by the Telephone Company to surrender a service for purposes other than maintenance, testing or activity relating to a service order. If the customer consents, a credit allowance wil be granted. The credit allowance will be 1/1440 of the monthly rate for each period of 30 minutes or fraction thereof that the service is surrendered. In no case wil the credit allowance exceed the monthly rate for the service rendered in anyone monthly 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-IDAHO, LLC Idaho P .U.C. No.1 Original Sheet 49 SECTION 2: GENERAL REGULATIONS 2.4 Payment Arrangements and Credit Allowances (Contd) 2.4.7 Ordering, Rating and Biling of Access Services Where More Than One Exchange Telephone Company is Involved (A) When a Dedicated Service is ordered by a customer where one end of the service is in one Exchange Telephone Company operating territory and the other end is in another Exchange Telephone Company operating territory, each Exchange Telephone Company involved wil receive a copy of the order and 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 traffc 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 part carrier, including any charges related to such traffc and any attorneys fees and expenses. 3.1.5 The Terminating Carrier and the Telephone Company wil bil their respective portions of the charges directly to the Originating Carrier, and neither the Terminating Carrier nor the Telephone Company wil be required to function as a biling intermediary, e.g. clearinghouse. 3.1.6 The Terminating Carrier shall not bill the Telephone Com pany 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 will cause customer to incur an additional charge for such service and wil risk successful call delivery. ISSUED: EFFECTIVE: ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 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 Traffc 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 Traffc 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 effcient method of transiting traffc 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 utilzing an electronic delivery method negotiated on a case by case basis. Rates are listed in section 4.1. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-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 can Dire ..-T_Sw_ 1 T_-. 1 Deicted Access Dedicted Acs 3.2.3 Customer is responsible for compliance with all third party traffc termination arrangements, including primary toll carrier agreements, and optional and/or extended calling area plans. 3.2.4 Customer, the Originating Carrier, wil be charged a Tandem Transit MOU charge for all Transit traffc 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 part 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 wil not be charged a Tandem Transit MOU by the Company. If the Company is biled by the Alternate Transit Tandem company for that traffc, then the Company will 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 Oriinating Accss NeualTande SWitch--car SWith A lXCSwit -- 1 Tanos~ 1 To lXC Netwrk Dedicated Access Dedicted Acces Terminating Accss +-caSWit A NelTanemSW ¡XCSWit +- 1 Tandem SWilng 1 Fro ¡XC Netwrk Deicate Accss Dedicated Access ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South WackerDrive, 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 calling area plans. 3.3.4 Customer for Access Service wil be charged a MOU charge for all Access Service traffc 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 0 riginating Carrier. 3.3.6 Access Service shall be on a Meet Point Biling ("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 biling 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 offce cross connect points that wil serve as a point of interconnection for the exchange of traffc with the Telephone Company. (B) Connection to physical collocation or cageless collocation is available through fiber optic facilities, or leased facilties of a third part. 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: 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 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 will consider forecasts in staffng 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 Customerforecasts and provide Customer with information which includes the central offces requested, the number of applications for each central offce, and any previously known space constraints. (C) Unforecasted demand (including augments) wil be given a lesser priority than forecasted demand. The Telephone Company wil make every attempt to meet standard intervals for unforecasted requests. However, if unanticipated requests push demand beyond the Telephone Company's capacity limits, the Telephone Company wil negotiate longer intervals as required (and within reason). (D) Interval adjustments wil be discussed with the Customer at the time the application is received. In general, if forecasts are received less than two months prior to the application date, the interval start day may be postponed as follow s: (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 wil offer each Customer an equal share of the central offce 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 wil be allocated evenly among those that do respond (F) If there is not enough space available to provide all requesting Customers with a minimum configuration (i.e., 25 square feet), a drawing for the space will be held. The Telephone Company wil inform each Customer of the number of requesting Customers and the quantity of Customers that can be accommodated in the available space. The Telephone Company 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 wil 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 anyCustomer's facilities or equipment or the installation of the Customer's facilities 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 liability 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 TelephoneCompany 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 part maintains an ownership or a security interest, the Customer shall include a list of any such owners and secured parties in the Customer Termination Notice. (2) Termination Prior to Completion If the Customer elects to terminate a request for collocation when construction is in progress and prior to completion of the collocation arrangement, the termination wil be effective upon the Telephone Company's receipt of the Customer Termination Notice. Application fees submitted wil not be refunded. The Customer Termination Notice must be received by the Telephone Company prior to the Scheduled Completion Date to avoid incurring any monthly recurring charges. ISSUED: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, IL 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 suffciently 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 part 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 staffng and current vendor arrangements. If the forecasts indicate spikes in demand, the Telephone Company will attempt to smooth the demand via negotiations with the forecasting Customers. If the Telephone Company and the Customer fail to agree to smooth demand, the Telephone Company wil determine if additional expenditures would be required to satisfy the spikes in demand. (B) Vendor Delays - No party shall be excused from their obligations due to the acts or omissions of a part'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 fai lure to perform. (C) Vendor Capacity - The Telephone Company will continuously seek to improve vendor performance for all central offce work, including collocation. Since the vendors require notice in order to meet increases in demand, the Telephone Company wil share Customer actual and forecasted demand with appropriate vendors, as required, subject to the appropriate confidentiality safeguards. Customers may also contract with Telephone Company approved vendors directly for a variety of the functions required. Customers can contract directly for cage construction, electrical outlets, lighting, ground bar and POT bay installation in thei r cages. ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-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 wil remind the Customer of the Scheduled Completion Date and request the Customer to schedule and attend a "Collocation Acceptance Meeting" ("CAM"). Collocation charges wil be implemented in accordance with this section regardless of the readiness of the Customer to utilize the completed collocation arrangement. (1) Collection of Non-Recurring Charges - The Customer shall have ten business days from the receipt of a Telephone Company provided collocation schedule to pay 50% of the NRCs associated with the ordered collocation service. The balance of the NRCs ("NRC Balance") wil be biled to the Customer upon Customers acceptance of the collocation arrangement or thirt (30) calendar days after the collocation arrangement is completed, whichever comes first. (2) Commencement of Recurring Charges - Monthly recurring charges wil 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 biling 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 will 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 (Cont d) (B) If the Telephone Company believes the space for the collocation arrangement is needed to satisfy another's Customer's collocation request prior to the end of the six (6) month extension period, the Telephone Company will notify the original Customer that its collocation space has been requested by another Customer. The original Customer wil 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 wil work with the Customer to identify alternate collocation arrangements. The Telephone Company wil work cooperatively with the Customer to minimize any potential for service interruption resulting from such actions. ISSUED: EFFECTIVE: ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No.1 Original Sheet 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 abilty 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 Provider"). Secure Line is available only: (a) to business service customers (including, without limitation, "small business customers" as defined in Section 62-603, Idaho Code), (b) where availabi Iity of facilties and telephone num bers 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 inter LATA presubscribed carrier for all channels in a trunk group that are subscribed to Secure Line service. The Telephone Company wil provide Customer with telephone n umbers that will 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 Com pany's switch, or providing their own transport to the switch. Diagram "'~'"'" Emergency Disruption '" '"~'"'"'"'" "Primar Provider" Switch Customer Provided Equipment (company-supplied) Public Switched Telephone Network (option: customer-or company-supplied) Telephone Company Switch 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) (Le., 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, intraLA T A and interLA T A callng Access to Emergency 911 Services Access to Operator Services Access to Directory Assistance Access to Numbering Resources Access to Telecommunications Relay Service Number Portabilty Non-published num ber Government Emergency Telephone Service (GETS) capability 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 calling rates provided under the Telephone Company's Interstate Service Guide NO.1 (or the Telephone Company's then-current successor Service Guide). International calling 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 Customers 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 wil 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 Customer's Primary Provider, and (ii) programming CPE to (a) route calls to the Telephone Com pany in the event that the Customets 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 usag e continues on a subscribed trunk group, as well as Secure Line monthly charges arising from receipt of inbound call s. 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 Customets 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 Com pany-Provided Transport Option A. General Customers subscribing to Secure Line have the option of buying Telephone Company provided transport to the Telephone Com pany's switch (subject to availability), or providing their own transport to the switch. The terms and charges specified in this Section 4.5.1.5. apply where the Telephone Com pany 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 facilties, 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 Custom er- designated and/or Company-designated premises, points of presence, offces, 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 equipm ent used by the Telephone Company. If such equipment, new facilities or changes to existing facilties 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 DS 1 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 Sheet 72 SECTION 3: SERVICE DESCRIPTIONS 3.5.1.5 Telephone Com pany-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 òther telephone com panies incurred by or on behalf of the Customer in establishing and maintaining service. Such charges may be biled 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 ancilary 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 applicabl e until the expi ration of any service commitment period. Unless the parties agree otherwise, a minimum service commitment period of twelve (12) months wil 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 facilties and services, the costs of construction and operation, the volume of traffc, 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 Com pany 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 applicabl e service commitment period, Customer may do so by providing notification thereof to Telephone Com pany at least thirty (30) days in advance of such termination. In the event of any such ter mination 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: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 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 CP E, 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 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 feasibility 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 will 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 availability of appropriate facilities 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 ability 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 inter exchange carrier selected by the Custom er for interLA T A, intraLA T A, 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-Call, such as, 900/976/556 telephone numbers. Calls placed to any call ing station physically outside a local call ing 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 Facility Per DS1 - First 5 miles $210.00 Per DS1 - Each additional mile $15.00 4.1.5 Trunk Group Charge First trunk group $00.00 Each additional trunk group $50.00 4.1.6 Billng Records Charge, per market $250.00 4.1.7 Transit Service Non-Recurring Charges Per Market - Billng 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 4.2.1 Tandem Switching Per minute of use 4.2.2 Tandem Switched Transport, per minute of use 4.2.3 Tandem Switched Facilty, per minute of use per mile 4.2.4 Common MUX (DS3 to DS1), per minute of use 4.2.5 Database Charges LNP Query - per query 800 Query - per query 4.2.6 Blocked Call Charge Per Blocked Call 4.2.7 Access Dedicated Transport Facilty Per DS1 First 5 miles Each additional mile 4.2.8 Dedicated Trunk Port Charge Per DS1 Port 4.2.9 Trunk Group Charge Monthly First trunk group Each additional trunk group 4.2.10 Multiplexing, per DS3 4.2.11 Access Service Non-Recurring Charges Per Service Order Fee: Per Reconfiguration: Install (per DS1) NRC Monthly $50.00 $150.00 $885.00 $0.002469 $0.000431 $0.000022 $0.000242 $0.002002 $0.003500 $0.001880 $210.00 $15.00 $60.48 $00.00 $50.00 $285.95 ISSUED:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-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 Cabl ing $1,334.00 Power Augment Only $1,334.00 Cabling Plus Equipment - Cageless $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-IDAHO, 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 am ps $7.03 4.3.7 Escorting Per technician, per 1/4 hour or fraction $15.09 4.3.8 DC Power Cabling and F using Charge Installation of60 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: 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 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 A. Service order charge (NRC) 1. Per Order a. First order b. Subsequent orders, per order 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 (local/intraLATAIinterLATA), per minute .Subject to waiver as provided in 3.5.1.3. Rate $0.00 $500.00 $0.00 $200.00 $0.00 $1,000.00 $50.00 $500.00 $0.25 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 B. Ancilary Charges NRC Order charoe (includino installation), per order $1,500.00 Order change charge, per change $500.00 Cancellation charoe $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 facilty or service for which a rate or charge is not specified in the Company's tariffs, charges wil be based on the costs incurred by the Company and may include: (A) non-recurring type charges; (B) recurring type charges; (C) termination liabilities; or (D) combinations thereof. 5.1.2 Basis for Cost Computation The costs referred to in 5.1.1 preceding may include one or more of the following items to the extent they are applicable: (A) cost installed of the facilties 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 facilties 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 liability is equal to the estimated amounts for: (1) Cost installed of the facilities provided including estimated costs for rearrangements of existing facilties and/or construction of new facilties 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 faci lities. (C) The applicable termination liabilty method for calculating the unpaid balance of a term obligation is: (a) the sum of the amounts determined as set forth in Section 5.1.3(B) preceding, multiplied by (b) a factor related to the unexpired period of liabilty, multiplied by (c) the discount rate for return and contingencies. The amount determined in section 5.1.3.(B) preceding shall be adjusted to reflect the predeterm ined 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 wil 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 swi tch (B) The V&H distance from the central offce 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 traffc 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 callng, 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 traffc from the Company will 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 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 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:EFFECTIVE: ISSUED BY:NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606