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Home My WebLink AboutFinal Approved Tariff_IXC.pdfNEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 1 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 NEUTRAL TANDEM-IDAHO, LLC REGULATIONS AND SCHEDULE OF CHARGES APPLYING TO INTRASTATE INTEREXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF IDAHO Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 2 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 TABLE OF CONTENTS Page Table of Contents .........................................................................................................................2 Explanation of Revision Marks......................................................................................................3 Application of Tariff .......................................................................................................................4 Applicability of Regulations...........................................................................................................4 Tariff Format .................................................................................................................................5 Section 1: Technical Terms and Abbreviations.............................................................................6 Section 2: Rules and Regulations...............................................................................................14 Section 3: Description of Services ..............................................................................................31 Section 4: Rates and Charges....................................................................................................39 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 3 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 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 I -- To signify a rate that has been increased M -- To signify a move in the location of text N -- To signify a new rate or regulation R -- To signify a rate that has been reduced S -- To signify a matter that has been reissued T -- To signify a change in the text that has not affected a change in neither a rate nor a regulation. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 4 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 APPLICATION OF TARIFF This tariff sets forth the services offerings, rates, terms and conditions applicable to Neutral Tandem-Idaho, LLC’s (Telephone Company) furnishing of Idaho, intrastate interexchange communications services. This tariff is on file with the Idaho Public Utilities 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 5 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 TARIFF FORMAT Sheet Numbering - Sheet numbers appear in the upper right hand corner of the page. Sheets are numbered sequentially and from time to time new pages may be added to the Tariff. When a new page is added between existing pages, a decimal is added to the preceding page number. For example, a new page added between Sheets 3 and 4 would be numbered 3.1. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 2. 2.1. 2.1.1. 2.1.1.A. 2.1.1.A.1. 2.1.1.A.1.(a). 2.1.1.A.1.(a).I. 2.1.1.A.1.(a).I.(i). 2.1.1.A.1.(a).I.(i).(1). Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet accompanies the Tariff filing. The check sheet lists the pages contained in the Tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision, all revisions made in a given filing are designed by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it. The Tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 6 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 1. TECHNICAL TERMS AND ABBREVIATIONS For the purpose of this Tariff, the following definitions will apply: Access Coordination Provides for the design, ordering, installation, coordination, pre-service testing, service turn- up and maintenance on a Company or Customer provided Local Access Channel. Administrative Change A change in Customer billing address or contact name. Alternate Access Alternate Access is a form of Local Access except that the provider of the Service is an entity, other than the Local Exchange Carrier, authorized or permitted to provide such Service. The charges for Alternate Access may be subject to private agreement rather than published or special tariff if permitted by applicable governmental rules. Application for Service A standard Company order form that includes all pertinent billing, technical and other descriptive information that will enable the Company to provide a communication Service as required. ASR ASR (Access Service Request) means an order placed with a Local Access Provider for Local Access. Authorized User A person, firm, corporation or other entity that either is authorized by the Customer to receive or send communications or is placed in a position by the Customer, either through acts or omissions, to send or receive communications. Bandwidth The total frequency band, in hertz, allocated for a channel. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 7 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Bill Date The date on which billing information is compiled and sent to the Customer. Call A completed connection between the Calling and Called Stations. Called Station The telephone number called. Calling Station The telephone number from which a Call originates. Cancellation of Order A Customer initiated request to discontinue processing a Service order, either in part or in its entirety, prior to its completion. Cancellation charges will be assessed for each Circuit- end or Dedicated Access line canceled from an order prior to its completion by the Company, under the following circumstances: (1) if the LEC has confirmed in writing to the Company that the Circuit-end or Dedicated Access line will be installed; or (2) if the Company has already submitted facilities orders to and interconnecting telephone company. Channel or Circuit A dedicated communications path between two or more points having a Bandwidth or Transmission Speed specified in this Tariff and selected by a Customer. Commission Idaho Public Utilities Commission Company NEUTRAL TANDEM-IDAHO, LLC Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 8 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Company Recognized National Holidays The following are Company Recognized National Holidays determined at the location of the originator of the Call: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day. The evening rate is used unless a lower rate would normally apply. When a Call begins in one rate period and ends in another, the rate in effect in each rate period applies to the portion of the Call occurring within that rate period. In the event that a minute is split between two rate periods, the rate in effect at the start of that minute applies. Customer The person, firm, corporation or governmental unit which orders Service and which is responsible for the payment of charges and for compliance with the Company's Tariff regulations. A Customer is considered to be an account for billing purposes. The term Customer also includes an entity that remains presubscribed to the Company Service after its account(s) are removed from the Company's billing system, subsequently continues to use Company's network, and is billed by a local exchange carrier for such use, or otherwise uses Service for which no other Customer is obligated to compensate Company. Customer Premises/Customer's Premises Locations designated by a Customer where Service is originated/terminated whether for its own communications needs or for the use of its resale customers. DCS DCS means Digital Cross-Connect System. Dedicated Access/Special Access Dedicated Local Access between the Customer's Premises or serving wire center and the Company's Point-of-Presence for origination or termination of Calls. DS-0 DS-0 means Digital Signal Level 0 Service and is a 64 Kbps signal. DS-1 DS-1 means Digital Signal Level 1 Service and is a 1.544 Mbps signal. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 9 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 DS-0 with VF Access DS-0 Service with VF Local Access facilities provides for the transmission of analog voice and/or data within 300 Hz to 3000 Hz frequency range. DS-0 with DDS Access DS-0 Service with DDS Access facilities provides for the transmission of digital data at speeds 2.4, 4.8, 9.6 or 56 Kbps. Due Date The Due Date is the date on which payment is due. Expedite A Service order initiated at the request of the Customer that is processed in a time period shorter than the Company's standard Service interval. FCC Federal Communications Commission Individual Case Basis (ICB) Individual Case Basis (ICB) determinations involve situations where complex Customer- specific Company arrangements are required to satisfactorily serve the Customer. The nature of such Service requirements makes it difficult or impossible to establish general tariff provisions for such circumstances. When it becomes possible to determine specific terms and conditions for such offerings, they will be offered pursuant to such terms and conditions. Installation The connection of a Circuit, Dedicated Access line, or port for new, changed or an additional Service. Interexchange Service Interexchange Service means that portion of a communications channel between a Company-designated Point-of-Presence in one exchange and a Point-of-Presence in another exchange. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 10 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Interruption Interruption shall mean a condition whereby the Service or a portion thereof is inoperative, beginning at the time of notice by the Customer to Company that such Service is inoperative and ending at the time of restoration. Kbps Kilobits per second. LATA (Local Access Transport Area) A geographical area established for the provision and administration of communications Service of a local exchange company. Local Access Local Access means the Service between a Customer Premises and a Company designated Point-of-Presence. Local Access Provider Local Access Provider means an entity providing Local Access. Local Exchange Carrier (LEC) The local telephone utility that provides telephone exchange services. Mbps Megabits per second. Multiplexing Multiplexing is the sequential combining of lower bit rate Private Line Services onto a higher bit rate Private Line Service for more efficient facility capacity usage or vice versa. N/A Not available. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 11 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Nonrecurring Charges (“NRC”) Nonrecurring Charges are one-time charges. Payment Method The manner that the Customer designates as the means of billing charges for Calls using the Company's Service. Physical Change The modification of an existing Circuit, Dedicated Access line or port, at the request of the Customer, requiring some Physical Change or retermination. Point-of-Presence (POP) A Company-designated location where a facility is maintained for the purpose of providing access to its Service. Primary Route The route that in the absence of Customer-designated routing or temporary re-routing would be used by the Company in the provision of Service. Private Line A dedicated transmission channel furnished to a customer without intermediate switching arrangements for full-time customer use. Private Line Service A dedicated full-time transmission Service utilizing dedicated access arrangements. Rate Center A specified geographical location used for determining mileage measurements. Requested Service Date The Requested Service Date is the date requested by the Customer for commencement of Service and agreed to by the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 12 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Restore To make Service operative following an interruption by repair, reassignment, re-routing, substitution of component parts, or otherwise, as determined by the carrier(s) involved. Route Diversity Two channels that are furnished partially or entirely over two physically separate routes. Service Service means any or all Service(s) provided pursuant to this Tariff. Service Commitment Period The term elected by the Customer and stated on the Service order during which the Company will provide the Services subscribed to by the Customer. The term can be monthly or in the case of Private Line Services for a period of up to 5 years. Special Promotional Offerings Special trial offerings, discounts, or modifications of its regular Service offerings that the Company may, from time to time, offer to its Customers for a particular Service. Such offerings may be limited to certain dates, times, and locations. Start of Service Date The Requested Service Date or the date Service first is made available by the Company whichever is later. Tariff The current Intrastate Services Tariff and effective revisions thereto filed by the Company with the Commission. Telephone Company NEUTRAL TANDEM-IDAHO, LLC Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 13 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 Transmission Speed Data transmission speed or rate, in bits per seconds (bps). Two-Way Conversation A Two-Way Conversation is a telephone conversation between or among two or more parties. VF VF is voice frequency or voice-grade Service designed for private-line Service. Normal transmission is in the 300 hertz to 3000-hertz frequency band. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 14 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2. RULES AND REGULATIONS 2.1. Description and Limitations of Services 2.1.1. Intrastate Telecommunications Service ("Service") is the furnishing of Company communication Services contained herein between specified locations under the terms of this Tariff. 2.1.2. Any member of the general public (including any natural person or legally organized entity such as a corporation, partnership, or governmental body) is entitled to obtain Service under this Tariff, provided that the Company reserves the right to deny Service: (A) to any Customer that, in the Company's reasonable opinion, presents an undue risk of nonpayment, (B) in circumstances in which the Company has reason to believe that the use of the Service would violate the provisions of this Tariff or any applicable law or if any applicable law restricts or prohibits provision of the Service, or (C) if insufficient facilities are available to provide the Service (in such cases Company shall make best efforts to accommodate the needs of all potential Customers by means of facility improvements or purchases, of capacity, if such efforts will, in the Company's opinion, provide the Company with a reasonable return on its expenditures), but only for so long as such unavailability exists. 2.1.3. Company, when acting at the Customer's request and as its authorized agent, will make reasonable efforts to arrange for Service requirements, such as special routing, Diversity, Alternate Access, or circuit conditioning. 2.1.4. Service is offered in equal access exchanges subject to the availability of facilities and the provisions of this Tariff. Company reserves the right to refuse to provide Service to or from any location where the necessary facilities and/or equipment are not available. 2.1.5. Service may be discontinued after five business days written notice to the Customer if: 2.1.5.A. the Customer is using the Service in violation of this Tariff; or 2.1.5.B. the Customer is using the Service in violation of the law or Commission regulation. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 15 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.1.6. Service begins on the date that billing becomes effective and is provided on the basis of a minimum period of at least one month, 24 hours per day. For the purposes of computing charges in this Tariff, a month is considered to have 30 days. 2.1.7. Service will be provided until canceled, by the Customer on not less than thirty (30) days' written notice from the date of postmark on the letter giving notice of cancellation. 2.1.8. Nothing herein, or in any other provision of this Tariff, or in any marketing materials issued by the Company shall give any person any ownership, interest, or proprietary right in any code or 800 number issued by the Company to its Customers. 2.1.9. The Company reserves the right to discontinue furnishing Services or billing options, upon written notice, when necessitated by conditions beyond its control. Conditions beyond the Company's control include, but are not limited to, a Customer's having Call volume or a calling pattern that results, or may result, in network blockage or other Service degradation which adversely affects Service to the calling party, the Customer, or other Customers of the Company. 2.1.10. Except as otherwise provided in this Tariff or as specified in writing by the party entitled to receive Service, notice may be given orally or in writing to the persons whose names and business addresses appear on the executed Service order and the effective date of any notice shall be the date of delivery of such notice, not the date of mailing. By written notice, Company or Customer may change the party to receive notice and/or the address to which such notice is to be delivered. In the event no Customer or Company address is provided in the executed Service order, notice shall be given to the last known business address of Customer or, as appropriate. 2.1.11. To the extent that any conflict arises between the terms and conditions of a Service Agreement and the terms and conditions of this Tariff, the Tariff shall prevail, except such terms and conditions in a Service Agreement that are expressly set forth therein as ICB terms or conditions, in which case such ICB terms and conditions shall prevail. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 16 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.2. Other Terms and Conditions 2.2.1. The name(s) of the Customer(s) desiring to use the Service must be stipulated in the Application for Service. 2.2.2. The Customer agrees to operate the Company provided equipment in accordance with instructions of the Company or the Company's agent. Failure to do so will void the Company liability for interruption of Service and may make Customer responsible for damage to equipment pursuant to Section 2.2.3 below. 2.2.3. Customer agrees to return to the Company all Company-provided equipment delivered to Customer within five (5) days of termination of the Service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision. 2.2.4. A Customer shall not use any service-mark or trademark of the Company or refer to the Company in connection with any product, equipment, promotion, or publication of the Customer without prior written approval of the Company. 2.2.5. In the event suit is brought or any attorney is retained by the Company to enforce the terms of this Tariff, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith. 2.2.6. The provision of Service will not create a partnership or joint venture between the Company and the Customer nor result in joint Service offerings to their respective Customers. 2.2.7. The rate or volume discount level applicable to a Customer for a particular Service or Services shall be the rate or volume discount level in effect at the beginning of the monthly billing period applicable to the Customer for the particular Service or Services. When a Service is subject to a minimum monthly charge, account charge, port charge or other recurring charge or Nonrecurring Charge for both intrastate and interstate Service, only one such charge shall apply per account and that charge shall be the interstate charge. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 17 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.2.8. Service requested by Customer and to be provided pursuant to this Tariff shall be requested on Company Service Order forms in effect from time to time or Customer's forms accepted in writing by an authorized headquarters representative of the Company (collectively referred to as "Service Orders"). 2.2.9. If an entity other than the company (e.g., another carrier or a supplier) imposes charges on the Company in connection with a Service that entity's charges will be passed through to the Customer also. 2.2.10. The Service Commitment Period for any Service shall be established by the Service Order relevant thereto and commence on the Start of Service Date. Upon expiration, each Service Commitment Period for such Service shall automatically be extended subject to written notice of termination by either Company or Customer as of a date not less than thirty (30) days after delivery of said notice to the other. The charges for Interexchange Service during any such extension shall not exceed the then current Company month-to-month charges applicable to such Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 18 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.3. Liability 2.3.1. Except as provided otherwise in this Tariff, the Company shall not be liable to Customer or any other person, firm or entity for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing Services to restore service in compliance with Part 64, Subpart D, Appendix A, of the FCC's Rules and Regulations. 2.3.2. With respect to the Services contained herein and except as otherwise provided herein, the Company's liability shall not exceed an amount equal to the charge applicable to a one minute Call to the Called Station at the time the affected Call was made. If the initial minute rate is higher than the additional minute rate, the higher rate shall apply. For those Services with monthly recurring charges, the Company's liability is limited to an amount equal to the proportionate monthly recurring charges for the period during which Service was affected. 2.3.3. The Company is not liable for any act or omission of any other company or companies (including any Company affiliate that is a participating or concurring carrier) furnishing a portion of the Service or facilities, equipment, or Services associated with such Service. 2.3.4. The Customer is responsible for taking all necessary legal steps for interconnecting the Customer provided terminal equipment with the Company facilities. The Customer shall ensure that the signals emitted into the Company's network do not damage Company equipment, injure personnel or degrade Service to other Customers. The Customer is responsible for securing all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. In addition, the customer shall comply with applicable LEC signal power limitations. 2.3.5. The Company may rely on Local Exchange Carriers or other third parties for the performance of other Services such as Local Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company may act as agent for Customer in obtaining such other Services. Customer's liability for charges hereunder shall not be reduced by untimely Installation or non-operation of Customer provided facilities and equipment. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 19 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.3.6. The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein, or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all times in full force and effect until modified in writing. 2.3.7. The Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever as a result of mistakes, accidents, errors, omissions, interruptions, delays, or defects in Service (collectively "Defects"). Defects caused by or contributed to, directly or indirectly, by any act or omission of Customer or its customers, affiliates, agents, representatives, invitees, licensees, successors or assigns or which arise from or are caused by the use of facilities or equipment of Customer or related parties shall not result in the imposition of any liability whatsoever upon the Company, and Customer shall pay to the Company any reasonable costs, expenses, damages, fees or penalties incurred by the Company as a result thereof, including penalties incurred by the Company as a result thereof, including costs of Local Access Providers' labor and materials. In addition, all or a portion of the Service may be provided over facilities of third parties, or sold by third parties, and the Company shall not be liable to Customer or any other person, firm or entity in any respect whatsoever arising out of Defects caused by such third parties. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR BUSINESS INTERRUPTION, FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF ANY DEFECTS OR ANY OTHER CAUSE. THE COMPANY'S LIABILITY, IF ANY, WITH REGARD TO THE DELAYED INSTALLATION OF THE COMPANY'S FACILITIES OR COMMENCEMENT OF SERVICE SHALL NOT EXCEED $1,000. THIS WARRANTY AND THESE REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF AN INTERRUPTION IN SERVICE OR ANY DEFECT IN THE SERVICE WHATSOEVER, NEITHER COMPANY NOR ANY AFFILIATED OR UNAFFILIATED THIRD PARTY, THIRD PARTY PROVIDER OR OPERATOR OF FACILITIES EMPLOYED IN THE PROVISION OF THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 20 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.3.8. With respect to the routing of Calls by the Company to public safety answering points or municipal Emergency Service providers, Company liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct result of the Company's action, or failure to act, in routing the Call, or (b) the sum of $1,000.00. 2.3.9. In the event parties other than Customer (e.g., Customer's customers) shall have use of the Service directly or indirectly through Customer, then Customer agrees to forever indemnify and hold Company and any affiliated or unaffiliated third-party, third-party provider or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted by said parties arising out of or relating to any Defects. 2.3.10. In the event that Company is required to perform a Circuit redesign due to inaccurate information provided by the Customer; or, circumstances in which such costs and expenses are caused by the Customer or reasonably incurred by the Company for the benefit of the Customer, the Customer is responsible for the payment of all such charges. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 21 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.4. Cancellation of Service by a Customer 2.4.1. If a Customer cancels a Service Order before the Service begins, before completion of the Minimum Period, or before completion of some other period mutually agreed upon by the Customer and the Company, a charge will be levied upon the Customer for the nonrecoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by the Company and not fully reimbursed by Installation and monthly charges. If, based on a Service order by a Customer, any construction has either begun or been completed, but no Services provided, the nonrecoverable costs of such construction shall be borne by the Customer. 2.4.2. Upon thirty (30) days' prior written notice, either Customer or Company shall have the right, without cancellation charge or other liability, to cancel the affected portion of the Service, if the Company is prohibited by governmental authority from furnishing said portion, or if any material rate or term contained herein and relevant to the affected Service is substantially changed by order of the highest court of competent jurisdiction to which the matter is appeal, the Federal Communications Commission, or other local, state or federal government authority. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 22 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.5. Cancellation for Cause by the Company 2.5.1. Upon nonpayment of any sum owing to the Company, or upon a violation of any of the provisions governing the furnishing of Service under this Tariff, the Company may, upon five business days written notification to the Customer, except in extreme cases, without incurring any liability, immediately discontinue the furnishing of such Service. The written notice may be separate and apart from the regular monthly bill for service. Customer shall be deemed to have canceled Service as of the date of such disconnection and shall be liable for any cancellation charges set forth in this Tariff. 2.5.2. Without incurring any liability, the Company may discontinue the furnishing of Service(s) to a Customer upon five business days written notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or Services under the following circumstances, except under extreme cases where the customer may be disconnected immediately and without notice: 2.5.2.A. if the Customer refuses to furnish information to the Company regarding the Customer's credit-worthiness, its past or current use of common carrier communications Services or its planned use of Service(s); 2.5.2.B. if the Customer provides false information to the Company regarding the Customer's identity, address, credit-worthiness, past or current use of Customer communications Services, or its planned use of the Company Service(s); 2.5.2.C. if the Customer states that it will not comply with a request of the Company for reasonable security for the payment for Service(s); 2.5.2.D. if the Customer has been given five business days written notice in a separate mailing by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's communications Services to which the Customer either subscribes or had subscribed or used; 2.5.2.E. in the event of unauthorized use. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 23 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.5.2.F. following the disconnection of service for any of these reasons, the Company or the local exchange utility acting as Company agent, will notify the telephone user/customer that service was disconnected and why. The notice will include all reasons for the disconnection and will include a toll-free number where an end user/customer can obtain additional information. Notice shall be deemed given upon deposit, postage prepaid, in the U.S. Mail to the end user's/customer's last known address and in compliance with the Commission's rules. 2.5.3. The discontinuance of Service(s) by the Company pursuant to this Section does not relieve the Customer of any obligations to pay the company for charges due and owing for Service(s) furnished up to the time of discontinuance. The remedies set forth herein shall not be exclusive and the Company shall at all times be entitled to all rights available to it under either law or equity. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 24 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.6. Credit Allowance 2.6.1. Credit allowance for the interruption of Service is subject to the general liability provisions set forth in this Tariff. Customers shall receive no credit allowance for the interruption of service that is due to the Company's testing or adjusting, negligence of the Customer, or to the failure of channels or equipment provided by the Customer. The Customer should notify the Company when the Customer is aware of any interruption in Service for which a credit allowance is desired. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission within Customer's control, or is not in wiring or equipment, if any, furnished by the Customer in connection with the Company's Services. 2.6.2. No credit is allowed in the event service must be interrupted in order to provide routine service quality or related investigations. 2.6.3. No credit shall be allowed: 2.6.3.A. For failure of services or facilities of Customer; or 2.6.3.B. For failure of services or equipment caused by the negligence or willful acts of Customer. 2.6.4. Credit for an interruption shall commence after Customer notifies Company of the interruption and ceases when services have been restored. 2.6.5. Credits are applicable only to that portion of Service interrupted. 2.6.6. For purposes of credit computation, every month shall be considered to have 720 hours. 2.6.7. No credit shall be allowed for an interruption of a continuous duration of less than two hours. 2.6.8. The Customer shall be credited for an interruption of two hours or more at a rate of 1/720th of the monthly recurring charge for the service affected for each hour or major fraction thereof that the interruption continues. Calculations of the credit shall be made in accordance with the following formula. Credit Formula: Credit = A X B 720 "A" = outage time in hours "B" = total monthly charge for affected facility Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 25 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.7. Use of Service 2.7.1 The Services offered herein may be used for any lawful purpose, including residential, business, governmental, or other use. There are no restrictions on sharing or resale of Services. However, the Customer remains liable for all obligations under this Tariff notwithstanding such sharing or resale and regardless of the Company's knowledge of same. The Company shall have no liability to any person or entity other than the Customer and only as set forth in Section 2.3. The Customer shall not use nor permit others to use the Service in a manner that could interfere with Services provided to others or that could harm the facilities of the Company or others. 2.7.2. Service furnished by the Company may be arranged for joint use or authorized use. The joint user or Authorized User shall be permitted to use such Service in the same manner as the Customer, but subject to the following: 2.7.2.A. One joint user or Authorized User must be designated as the Customer. 2.7.2.B. All charges for the Service will be computed as if the Service were to be billed to one Customer. The joint user or Authorized User that has been designated as the Customer will be billed for all components of the Service and will be responsible for all payments to the Company. In the event that the designated Customer fails to pay the Company, each joint user or Authorized User shall be liable to the Company for all charges incurred as a result of its use of the Company's Service. 2.7.3. In addition to the other provisions in this Tariff, Customers reselling Company Services shall be responsible for all interaction and interface with their own subscribers or customers. The provision of the Service will not create a partnership or joint venture between Company and Customer nor result in a joint communications Service offering to the Customers of either the Company or the Customer. 2.7.4. Service furnished by the Company shall not be used for any unlawful or fraudulent purposes. 2.7.5. The Customer will be billed directly by the LEC for certain Dedicated Access arrangements selected by the Customer for the provisioning of direct access arrangements. In those instances where the Company at the Customer's request may act as agent in the ordering of such arrangements, the Company will bill the Customer Local Access charges. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 26 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.8. Payment Arrangements 2.8.1. The Customer is responsible for payment of all charges for Services furnished to the Customer or its joint or Authorized Users. This responsibility is not changed due to any use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public. 2.8.2. The Company's bills are due upon receipt. Amounts not paid within 30 days from the Bill Date of the invoice will be considered past due. Customers will be assessed a late fee on past due amounts in the amount not to exceed the maximum lawful rate under applicable state law. If a Customer presents an undue risk of nonpayment at any time, the Company may require that Customer to pay its bills within a specified number of days and to make such payments in cash or the equivalent of cash. 2.8.3. In determining whether a Customer presents an undue risk of nonpayment, the Company shall consider the following factors: (A) the Customer's payment history (if any) with the Company and its affiliates, (B) Customer's ability to demonstrate adequate ability to pay for the Service, (C) credit and related information provided by Customer, lawfully obtained from third parties or publicly available, and (D) information relating to Customer's management, owners and affiliates (if any). 2.8.4. Disputes with respect to charges must be presented to the Company in writing within thirty days from the date the invoice is rendered or such invoice will be deemed to be correct and binding on the Customer. 2.8.5. If a LEC has established or establishes a Special Access surcharge, the Company will bill the surcharge beginning on the effective date of such surcharge for Special Access arrangements presently in Service. The Company will cease billing the Special Access surcharge upon receipt of an Exemption Certificate or if the surcharge is removed by the LEC. 2.8.6. In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. 2.8.7. Company will not require deposits or advance payments by Customers for Services. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 27 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.9. Assignment 2.9.1. The obligations set forth in this Tariff shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns, provided, however, the Customer shall not assign or transfer its rights or obligations without the prior written consent of the Company. 2.10. Tax and Fee Adjustments 2.10.1. All state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates. 2.10.2. If at any future time a municipality acquires the legal right to impose an occupation tax, license tax, permit fee, franchise fee or other similar charge upon the Carrier, and imposes the same by ordinance or otherwise, such taxes, fees or charges shall be billed to the end users receiving service within the territorial limits of such municipality. Such billing shall allocate the tax, fee or charge among end users uniformly on the basis of each end user's monthly charges for the types of service made subject to such tax, fee or charge. 2.10.3. If at any future time a county or other local taxing authority acquires the legal right to impose an occupation tax, license tax, permit fee, franchise fee or other similar charge upon the Carrier, and imposes the same by ordinance or otherwise, such taxes, fees or charges shall be billed to the end users receiving service within the territorial limits of such county or other taxing authority. Such billing shall allocate the tax, fee or charge among end users uniformly on the basis of each end user's monthly charges for the types of service made subject to such tax, fee or charge. 2.10.4. When utility or telecommunications assessments, franchise fees, or privilege, license, occupational, excise, or other similar taxes or fees, based on interstate or intrastate receipts are imposed by certain taxing jurisdictions upon the Company or upon local exchange companies and passed on to the Company through or with interstate or intrastate access charges, the amounts of such taxes or fees will be billed to Customers in such a taxing jurisdiction on a prorated basis. The amount of charge that is prorated to each Customer's bill is determined by the interstate or intrastate telecommunications service provided to and billed to an end user/customer service location in such a taxing jurisdiction with the aggregate of such charges equal to the amount of the tax or fee imposed upon or passed on to the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 28 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.10.5. When any municipality, or other political subdivision, local agency of government, or department of public utilities imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee or regulatory fee, such taxes and fees shall, insofar as practicable, be billed pro rata to the Company's Customers receiving service within the territorial limits of such municipality, other political subdivision, local agency of government, or public utility commission. 2.10.6. The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amount it is required by governmental or quasi-government authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund, the Primary Interexchange Carrier Charge, and compensation to payphone service providers for use of their payphones to access the Company's services. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 29 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.11. Method for Calculation of Airline Mileage 2.11.1. The airline mileage between two cities can be calculated using the Vertical (V) and Horizontal (H) coordinates of the serving wire centers associated with the Company's POP locations. The method for calculating the airline mileage is obtained by reference to AT&T's Tariff F.C.C. No. 10 in accordance with the following formula: the square root of: (V1-V2)2 + (H1-H2)2 10 where V1 and H1 correspond to the V&H coordinates of City 1 and V2 and H2 correspond to the V&H coordinates of City 2. Example: V H City 1 5004 1406 City 2 5987 3424 the square root of: (5004-5987)2 + (1406-3424)2 10 The result is 709.83 miles. Any fractional miles are rounded to the next higher whole number; therefore, the airline mileage for this example is 710 miles. 2.12. Time of Day Rate Periods 2.12.1. Time of Day Rate Periods are determined by the time of day at the location of the Calling Station. The rates shown in Section 4 apply as follows: DAY: From 8:01 AM to 5:00 PM Monday - Friday EVENING: From 5:01 PM to 11:00 PM Monday - Friday and Sunday NIGHT/ WEEKEND: From 11:01 PM to 8:00 AM Everyday From 8:01 AM to 11:00 PM Saturday From 8:01 AM to 5:00 PM Sunday Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 30 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 2.13. Special Customer Arrangements 2.13.1. In cases where a Customer requests a special or unique arrangement which may include engineering, conditioning, Installation, construction, facilities, assembly, purchase or lease of facilities and/or other special Services not offered under this Tariff, the Company, at this option, may provide the requested Services. Appropriate recurring charges and/or Nonrecurring Charges and other terms and conditions will be developed for the Customer for the provisioning of such arrangements. 2.14. Inspection 2.14.1. The Company may, upon notice, make such tests and inspections as may be necessary to determine that the requirements of this Tariff are being complied with in the Installation, operation or maintenance of Customer or the Company equipment. The Company may interrupt the Service at any time, without penalty to the Company, should Customer violate any provision herein. 2.15. Bad Check Charges 2.15.1. The Company charges Customers $20.00 for checks that are returned. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 31 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3. DESCRIPTION OF SERVICES 3.1 General Company undertakes to offer and provide wholesale interexchange telecommunications services within its Service Area to Reseller Customers for resale to their End Users or to other Telecommunications Service providers or Information Service providers. The Services described herein are part of the Company’s one-stop shopping package offering a full service platform to the wholesale marketplace, including interstate and international voice and data services. Although The Company does not solicit end users for any of the Services described in this Section, unsolicited requests by end users for casual calling or dial-around service and presubscribed or referred carrier service from The Company will be provided for in accordance with this Tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 32 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.2 Resale Service Offerings Applicable rate schedule for the following services are provided in Section 4. Dedicated Access Lines may be required to connect Customer to Company’s POP. Such Dedicated Access Lines, when required, shall be the sole responsibility of the Customer. Notwithstanding such responsibility, Company shall, upon Customer’s request, order such Dedicated Access Lines on behalf of Customer or its End Users, and shall invoice Customer for all related recurring and non-recurring charges. 3.2.1 Company “Switched One Plus Service” offers Reseller Customers interexchange Services via Feature Group D Access Lines for seamless origination, transmission and termination of communications. Feature Group D access is provided by the Local Exchange Carrier and allows the Customer to use its own Carrier Identification Code to route traffic to the Company’s POP while the Customer’s End Users will recognize the Customer as the End User’s presubscribed interexchange carrier. The intrastate rates that The Company charges Reseller Customers Switched One Plus Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.1 of this tariff. 3.2.2 Company "Dedicated One Plus Service" offers Reseller Customers interexchange Services via dedicated Access Lines for seamless origination, transmission and termination of communications. Dedicated access to the Company's POP may be provided by the Customer, Company or a Local Access Provider. The intrastate rates that The Company charges Reseller Customers for Dedicated One Plus Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.2 of this tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 33 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.2.3 Company “Toll Free Service” offers Reseller Customers toll free numbers (e.g., 800, 888 or 877) for their subscribers and allows callers to reach the subscriber without toll charges. Toll Free Service consists of a basic service (assignment of a toll free telephone number and a toll free calling area selected by the Customer) and additional features that Customers can select. 3.2.3.A Switched Toll Free Service is an inbound long distance service. This service terminates calls over the local telephone lines of Reseller Customer's toll free subscriber, and calls are toll-free to the calling party. The rates that The Company charges Reseller Customers for Switched Toll Free Service are set forth in the Service Agreement between the Company and the reseller Customer and in Section 4.2.3 of this tariff. 3.2.3.B Dedicated Toll Free Service is an inbound long distance service. This service terminates calls over dedicated Access Lines from Company’s POP to the service location(s) of Reseller Customer or its toll free subscriber, and calls are toll-free to the calling party. The rates that The Company charges Reseller Customers for Dedicated Toll Free Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.4 of this tariff. 3.2.4 “Directory Assistance Service” offers Reseller Customers the ability to provide their End Users with phone numbers, addresses and NPA/Country codes and automatic call completion. A per-call surcharge is assessed against the Reseller Customer for each call made by the its presubscribed End-Users. This surcharge applies whether or not the Directory Assistance operator furnishes the requested telephone number(s), e.g., the requested number is unlisted, non-published or no record can be found. Requests for information other than telephone numbers will be charged for as requests for telephone numbers. Directory Assistance Service gives the option of completing a call to the called station telephone number received from the Directory Assistance operator without hanging up and originating a new call. A usage rate for call completion applies in addition to the Directory Assistance per-call surcharge if the caller accepts the offer. The call completion charge will not apply if the call cannot be completed. The per-call surcharge and usage rates that The Company charges its Reseller Customers for Directory Assistance Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.8. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 34 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.2.5 Company “Calling Card Service” offers Reseller Customers the ability to allow their End Users to originate long distance calls from locations other than their primary service location through the use of a toll free network access number and an Authorization Code. The Company Calling Card Service provides an access number and authorization code issued by The Company which the Reseller Customer will incorporate into its End User’s calling card. The Company Calling Card Service allows a Reseller Customer’s End Users who are away from their home or business, or who wish to have Calling Card Service only, access to The Company Network to place calls from any location in the State. Access to The Company Network for Calling Card Service is gained by dialing an access number. End Users may bill calls to their Calling Card account, maintained by the Reseller Customer, when calling from any location within the State. The rates that The Company charges Reseller Customers for Calling Card Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.5. 3.2.6 “Prepaid Calling Card Service” offers Reseller Customers the ability to allow their End Users to originate long distance calls on a prepaid basis via a toll free network access number and an Authorization Code. It allows Reseller Customers to bill their End Users in advance rather than in arrears, and allows Reseller Customers to renew their End Users' prepaid balance using interactive voice response ("IVR") units and a major credit card. The Company will keep track of the prepaid account balance using the rate tables furnished by the Reseller Customer. On behalf of the Reseller Customer, The Company will give the Reseller Customer's prepaid calling card subscribers notice two (2) minutes before the available account balance is depleted, based upon the applicable rates for the call in progress, as furnished by the Reseller Customer. When the available balance is depleted, the call shall be terminated. The Reseller Customer's End-User will use the access number on the Prepaid Calling Card to access The Company Network. The Reseller Customer's applicable usage rate will be deducted on a real-time basis as the card is used until the full amount of the card is exhausted. The rates The Company charges Reseller Customers for Prepaid Calling Card Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.6. The Company' Reseller Customers shall be responsible for their End Users' prepayments and providing any refunds due to their End Users. The Company does not own End Users' prepaid accounts and does not recover its rates from such accounts. The Company bills the Reseller Customer directly in arrears for Prepaid Calling Card Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 35 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.2.7 Company “Operator Assistance Service” offers Reseller Customers the ability to provide its End Users with call completion functions performed either by a live operator or by automated systems. Such functions include collect calling, third party billing and calling card services. Access to The Company Operator Assistance Services can be obtained by the following dialing methods: (A) “00” from a telephone subscribed to The Company Network in a Feature Group D (FGD) area; (B) “0+ (NPA-NXX-XXXX)” from a telephone subscribed to The Company Network in a FGD area; (C) “101XXXX+ 0” from any non-pay telephone in a FGD area; and (D) “1-800- XXXX” from any location. The rates The Company charges Reseller Customers for Operator Assistance Service are set forth in the Service Agreement between the Company and the Reseller Customer and in Section 4.2.7 of this tariff. The Company's Reseller Customers of Operator Service shall be responsible for compliance with all signage, labeling and tariffing requirements of the Commission regarding alternative operator services ("AOS") and consumer protection policies. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 36 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.3 End User Services 3.3.1 Casual Calling Casual Calling Service permits End User Customers to obtain Service without the necessity of presubscription of their local lines. Customers utilizing Casual Calling Service shall access Service by dialing an access code in the form of 101XXXX, where “X” is the 4 digit Carrier Identification Code (CIC) assigned to the Company. When dialing, the access code shall be followed by the normal sequence of 1+ Area Code + Number. Calls placed using Casual Calling Service are billed to Customer in whole minute increments rounded up to the next full minute through the serving Local Exchange Carrier's (LEC) monthly bill. All End Users of Casual Calling are Customers of the Company, even when they are End Users of a Reseller for other Services. The rates for Casual Calling Service are set forth in Section 4.3.1. Casual Calling Service cannot be obtained through aggregator locations such as payphones. The Company will block all 101XXXX calls to its Carrier Access Code made from such locations. 3.3.2 Presubscription Service Presubscription Service permits End User Customers to select The Company as the Customer’s presubscribed or preferred carrier for interLATA and/or intraLATA interexchange service. The rates for Presubscription Service are set forth in Section 4.3.2. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 37 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.4 Terms and Conditions 3.4.1 Wholesale Services will be provided if the Reseller Customer agrees to each of the following points that are applicable: (A) Secure and maintain all necessary state certifications, tariffs, and comply with the rules and regulations as set forth by the Commission. (B) Provide all billing and collection services under its own brand name. (C) Provide customer service under its own brand name. (D) Secure and maintain a signed copy of the “letter of agency” from the End-User which defines the relationship between the End-User and the Reseller. (E) Assume all responsibility for PIC disputes and complaints with the Local Exchange Carrier. (F) Use its own product names that do not identify Company products. (G) Use the Company name only in post-sale communications, which inform its subscribers that The Company is the underlying carrier and that the Company name may appear on copies of their local phone bills using specific language authorized by The Company. (H) The End-User is the customer of the Reseller, not The Company. (I) Assume all risk for bad debt. (J) Accept responsibility for all charges, costs, etc. incurred by The Company with respect to Ancillary Services. (K) Accept responsibility for all interaction and interface with its own subscribers or customers. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 38 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 3.4.2 The minimum Term for Service provided On-Net is one month (30 days), except where special construction is requested in which case the minimum Term may be longer. The minimum Term for Service provided Off-Net shall be the same as that minimum service term imposed on The Company for leasing the Off-Net facilities. 3.4.3 Service is available twenty-four (24) hours a day, seven (7) days a week. The beginning time for outbound calls is determined by the time at the point of origination. The beginning time for inbound calls (Toll Free Service) is determined by the time at the point of termination. 3.4.4 Usage sensitive charges are based on the actual usage of Company’s facilities (On-Net and Off-Net). Such charges are measured in Conversation Minutes counted in six (6) second increments. Unless otherwise specified in this Tariff, the minimum call duration for billing purposes is six (6) seconds and usage is rounded to the next higher six (6) second increment after the initial period. 3.4.5 Chargeable time for Customer shall begin when the called party answers, as determined by hardware answer supervision, provided that such capabilities are available from the local telephone company. If hardware answer supervision is not available, then Carrier will employ industry accepted standards for the timing of calls. Chargeable time for a call shall end upon disconnection by either party. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 39 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 4. RATES AND CHARGES 4.1. Usage Rates 4.1.1. The following are the actual and maximum per minute usage charges which apply to all calls. These charges are in addition to the Non-recurring Charges and Recurring Charges referred to herein. 4.1.2 Conversation Minutes, reflecting usage sensitive charges resulting from use of Service, are billed in increments of six (6) seconds with an initial period (minimum billing period) of six (6) seconds, unless otherwise specified. Following the initial period, all charges are rounded to the next higher six (6) second increment for billing purposes, unless otherwise specified. 4.1.3 Other than the charges indicated, there are no installation charges, other nonrecurring charges, or monthly recurring charges for Service, except for the installation charges and/or monthly recurring charges associated with the use of dedicated Access Lines ordered by Carrier on behalf of Customer or its End Users. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 40 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 4.2 Wholesale Service Rates 4.2.1 Switched One Plus Service Rate Usage Sensitive Charges (Rate per minute): $0.18 Non-Usage Sensitive Charges: N/A 4.2.2 Dedicated One Plus Service Usage Sensitive Charges (Rate per minute): $0.12 Non-Usage Sensitive Charges: N/A 4.2.3 Switched Toll Free Service Usage Sensitive Charges (Rate per minute): $0.18 Non-Usage Sensitive Charges: N/A 4.2.4 Dedicated Toll Free Service Usage Sensitive Charges (Rate per minute): $0.12 Non-Usage Sensitive Charges: N/A 4.2.5 Calling Card Service Conversation Minutes for Casual Calling Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.24 Non-Usage Sensitive Charges (Per Call): $0.60 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 41 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 4.2.6 Prepaid Calling Card Service Conversation Minutes for Prepaid Calling Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.24 Non-Usage Sensitive Charges (Per Call): $0.60 4.2.7 Operator Assistance Service Conversation Minutes for Operator Assistance Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.48 4.2.8 Directory Assistance Service Conversation Minutes for Directory Assistance Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute) for call completion: $0.90 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho NEUTRAL TANDEM-IDAHO, LLC Idaho P.U.C. No. 2 Original Sheet No. 42 ISSUED: August 24, 2009 EFFECTIVE: August 25, 2009 ISSUED BY: NEUTRAL TANDEM-IDAHO, LLC Richard L. Monto, General Counsel One South Wacker Drive, Suite 200 Chicago, IL 60606 4.3 End User Service Rates 4.3.1 Casual Calling Service Conversation Minutes for Casual Calling Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.24 4.3.2 Presubscription Service Conversation Minutes for Presubscription Service are billed in increments of six (6) seconds with an initial period (minimum billing period) of eighteen (18) seconds. Rate Usage Sensitive Charges (Rate per minute): $0.18 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 25, 2009 Boise, Idaho