20131015Responses to Staff.pdf

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PATRICK D. CROCKER
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October 14,20t3
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
Statehouse
472 W est Washington Street
Boise, ID 83702
RE: BCN TELECOM, INC.
Docket No. NUI-T-13-01
Dear Ms. Jewell:
ln accordance with Staff Member, Grace Seman's request, please find the above captioned
company's an original and three (3) copies of the following:
1.
2.
3.
4.
Attachment 1- A brief description of the background and experience of Applicant's
management team;
Attachment 2- Most recent financial statements;
Attachment 3- Proposed local tariff No. 2; and.
Attachment 4- Proposed access tariff No. 3.
ing should be directed to the undersigned at [phone] or
IiitIit]irlii r{ i'ir. hI ir"hig,nn -.11}th}f
a
Any questions concerning this
PDC/tId
T l't * K li I u :n r r ii i r fi u i I {,,,,,,,,,,,,,,,,1 ;,r t
Richard M. Boudria - President/CEo
Founder, Chairman/CEO and strategist. An entrepreneur who understands business
aspirations and sees creative solutions to business constraints. He has led BCN since its
inception in 1994.
Boudria worked for Merrill Lynch, Xerox and GTE (now Verizon) over a span of 20 years,
gaining insight into finance, sales, marketing and strategic planning.
Prior to his business career, Boudria served honorably in the United States Marine
Corps as an airborne qualified infantry officer, posting in Cuba, Panama and the
Mediterranean. He was awarded the Vietnam Service Medal with campaign star and
other citations for service in the Vietnam War. He left the Marine Corps at the rank of
Captain.
Julian Jacquez, Jr - Vice President Business and Product Development
Jacquez provides BCN Telecom with more than 10 years of telecommunications industry
experience, having served in senior management roles at Procom, Network One,
Norcom and Norcom Agency Services. At BCN Telecom he focuses on business
development, distribution channel management, product development and merger &
acquisition projects.
A CPA who served with PriceWaterhouse, LLC, for seven years, Jacquez provided
auditing, business advisory and merger/acquisition support for a client portfolio that
ranged from privately held companies to multi-national corporations.
Jacquez holds a bachelor's degree in accounting from West Virginia University.
Tom McCrosson - President & CEO BCN Solutions Express
BCN Solutions Express is a strategic partner of BCN Telecom. The Solutions Express
Agency Program creates distributor-based revenue-generating programs utilizing BCN's
products and services. These include affinity rnarketing, dealer development and product
implementation with a particular emphasis on customer retention. McCrosson also is a
principal of BCN Telecom with a relationship of more than 10 years.
Prior to joining BCN, McCrosson was a founder and principal of LDM Systems, a multi-
faceted telecommunications firm that offered local and long distance voice and data
products within the United States. At LDM and then RSL Communications (after its
acquisition of LDM), Tom served in senior positions in retail markets, business
development - including key acquisitions within the U.S. - and integration of global
marketing strategies.
He also has served at Allnet Communications, MCI Communications and Rochester
Telephone, as well as on the Mayor's task force for telecommunications and energy for
New York City.
William P. Mulcahy - Chief Operations Officer
After more than 20 years developing and managing real-time information systems and
networks within the global financial community - including at Citicorp, JJ Kenny &
Reuters - Mulcahy was founder/co-founder in the start-up and sale of a number of
lnternet companies that provided advanced services based on multimedia technology,
with clients that included AT&T, Boeing, WorldCom, Goldman Sachs, Reuters and
Polygram. He also provided consulting services on transactional services to the
healthcare community.
Mulcahy joined BCN Telecom as a consultant in March of 2000, was made VP of
Technology/New Ventures in January 2001 and was promoted to Chief Operating Officer
in late 2A02. Mulcahy is responsible for all aspects of planning and managing BCN's
current and future operations.
Richard Schmeling - Chief Financial Officer
Schmeling joined BCN Telecom in 2003 as Chief Financial Officer. Before coming to
BCN he worked for GetzlerHenrich Associates, LLC, a management consulting firm
specializing in turnaround management services to middle market companies. He also
served in senior management at Environmental Technologies Corp. and was an
investment banker for lnvestcorp lnternational lnc. and Bear, Stearns & Co., lnc.,
responsible for general investment banking assignments, including private placements,
mergers and acquisitions and corporate development.
Schmeling received his bachelor of arts degree in economics from Columbia College
and his MBA in finance and accounting from the Graduate School of Business at
Columbia University.
ATTACHMENT 2
BCN Telecom Company, lnc.
Balance She6t
For tha Twalve Montha Ending Deccmbet 31,2012
10t31t12
31,439 31,347 31,256 3'1,164
4,916,052 4,605,666 4,932,015 4,961,091
(207,300) |,227,3001 (217,5711 (2s8,525)161,s42 161,542 161,542 161,542
31,072
4,867,354
(278,546)
161,542
30,981
5,111,223
(298,546)
161,542
31.489 59,565 31.306
4,642,155 4,897,966 5,211,352(2s1,839) (242,390) (262,485)
161,542 161.542 161.542
31,214
5,112,192
(244,431\
161.542
31,622
5,385,084
(251,289)
16'r,542
31,572
5,1 68,995
(271,289\
16t.542
441,123 48t,12376,755 76,755687,837 694,49895,770 95,77016,359 16,65s
(349,641) (352,813)(82,s74\ (62,959)
(635,887) (639,832)(81.044 (81,685)
481,'123 481,12376,755 76,755694,498 695,87495,770 95,77017,085 17,326(3s5,9s5) (359,097)
(63,343) 163,727\(643,553) (647,31 1)(82,324) (82,963)
481 ,123 48't,12376,755 76,755
695,874 695,87495,770 95,77018,839 24,251
(362.2141 (36s,332)
(64,1 12) (64,496)
(651,070) (654,829)(83,602) (84,21S)
481,123 441 12376,755 76.755
695,874 697,13595,770 95,77044,770 46,576
(368,,149) (371,s67)(64,881) (6s,26s)
(6s8,587) (662,341)(84,835) (8s,4s1)
81s.219
481,123 441,12376,755 76,755697,13s 700,04295,770 9s,77050,102 55,140
(374,68vr\ (377,8O2\(65,650) (66,034)
(666,095) (669,929)(86,068) (86,684)
1
481,123
81,750
700.o42
95.770
55,307
(380,920)
(66,502)
(673,450)
(87,294\
48'l,123
81,750
700,042
95,770
63,01 1
(384,037)
(66,970)
(677,61 9)
(87,904)
ASSEIS
Currant Assatg
Cash
Accounts Fleceivable
Allouance Jor Doubtful Account
Defetred Tax Asset, Current Portion
Prepaid Expenses & Other Current Asssts
Tdal Currant Assctg
PropErty and Equlpmont
Furniture and Fixtures
Lesehold lmprovements
Computer Equipment
Softmre License
Customer Phone Equipment
Accum. Depreciation - Furniture
Accum. Depreciation - Leasehold lmprovementAeum. Depreciation - Comp. Eq
Accum. Depreciation - Software
Accum. Depreciation - Customer phone Equipmont
Total Prop.rty and Equlpmont
NonCurreni Asgets
Security Deposits
Deletred Tax Asset, Net o{ Current Portion
Due from Belatsd Party (IAC)
lntangible Aset, Net
Other Long Term Assets
Total Noncurront Asselg
Tolal Asdetg
LIABIUNES AND CAP'TAL
Current Llabilitl€s
Note Payable to Bank
Accounts Payable
Other Current Payables
Sales & Excise Tax Payable
lncome Taxes Payable
Deterred Revenue - lntern6t
Total Currsnt Llabilill€g
Long-Term Uabllitl.s
Note Payable to Bank
Note Payable to Bank - Revotver
Note Payable to Related Party
Total LongrTorm Uabllttbs
Total Laabllltles
Stockhdd.r's Equity
Paid-ln-Capital
Retained Eernings
Not lncome YTD
Total Capltal
Total Lliabllltl.s & Caphal
504,000 504,000 529,333
4,125,470 4,019,655 4,295,88720,189 48,167 54,597209,007 238,780 133,3'18(117)
76,000 34,000 66,667
2,618,948 2,415,715 2,618,522166.667 't66.667 166.667
66,667 62,500 s8,333
2,7s1,165 2,418,716 2,609,120166,667 166,667 166,667
30.326
1,414,848
340,289
2.294.174
30,326
'1,414,848
342,589
2.255.8S1
30,326
1,414,84A
349,289
2314,a29
37,076
1,414,848
359,1 52
1,986,339
49,326
'1,414,848
370,635
1,945,278
34,326 34,326 34,326
1,414,848 1,414,848 1,414,948
350,889 350,889 350,889
2,273,76A 2,232,707 2,191,646
34,326 37,076 37,076 37,076
1,414,848 1,414,848 1,414,848 1,414,848
359,152 359,152 359,152 359,152
2,150,584 2,109,523 2,068,462 2,027,400
124 2o1t1
487,333 445,333 403,333 361,333 319,333 277,333 235,333 333,333 333,333
4,129,978 4,556,929 4,595,969 3,968,834 4,215,566 4,609,202 4,724,863 4,660,129 4,878,61 171,s85 (66,276) (30,331) (7,473]. 26,987 36,857 (34,893) (s,83s) s,620145,798 '157,258 169,134 174,038 152,273 216,899 230,306 264,815 2A21A7- (s,000 ),14,531 43,015 42,634 42,833 42,338 4'1,310 39,197 36,732 35,884 35,479 33,206 32,947
4,903,080 4,851,617 5,05s,769 4,877,526 s,130,581 5.179,415 4,535,929 4,750,891 5,176,175 5,191,088 5,285,648 5,532,698
54,167 50,000 45,833 41,667 666,667 666,667
2,792,723 2,833,911 2,554,118 2,408,356 3,133,080 2,857,681
166,667 166,667 166,667 166,667 166,667 166,667
2,861,615 2,616,382 2,851,856 2,94d,499 2,647,8&t 2,834,r2r 3,013.557 3,05{',578 2,756,518 2,616,690 3,966,4t3 3,691,015
7,7e4.695 7,467,9$' 7,917,625 7,862,025 7,78,464 8,013,536 7.549,486 7,801,469 7.942,793 7,807,778 9C52,061 9223,712
4,311,770 4,311,770 4,311,770 4,31'1,770 4,311,770 4,311,770 4,3'11,770 4,311,770 4,311,770 4,311,770 3,549,070 4,31't.770
(2,035,746) (2,035,746) (2,035,746) (2,035,746) (2,035,746) (2,035,746\ (2,040,868) (2,042,135\ (2,043,446) (2,048,365) (2,049,494) (2,8fi,297)
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BCN TELECOM,INC.Idaho Price List No. 2
Original Title Page
IDAHO
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF
BCN TELECOM,INC.
This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange
telecommunications services provided by BCN TELECOM, INC. with principal offices at 550 Hills
Drive, Suite 110, L't Floor, Bedminster, NJ 07921 for services furnished within the State of Idaho. This
tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal
business hours, at the Company s principal place of business.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, L" Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page L
CHECK SHEET
Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective
pages. Original and revised pages, as named below, comprise all changes from the original tariff and are
currently in effect as of the date on the bottom of this page.
Page
Title
1
2
J
4
5
6
7
8
9
10tl
t2
13
l4
15
16
L7
18
t9
20
2t
22
23
24
25
26
27
28
29
30
Revision
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Page
31,
32
JJ
34
35
36
37
38
39
40
41,
42
43
44
Revision
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Page Revision
* - indicates those pages included with this filing
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.10, L" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 2
TABLE OF CONTENTS
Explanation of Symbols ..............3
Section2-Regulations............ ....................10
Section 3 - Service Areas ..........37
Section 4 - Service Charges and Surcharges............. ......38
Section 5 - Network Service Descriptions ................. ........................39
Section 6 -I.ocal Exchange Services ...........42
Section 7 - Special Anangements................ ...................44
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 3
EXPT"ANATTON OF SYMBOLS, REFERENCE MARKS, AND
ABBREYIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
(C) - To signify changed regulation.
(D) - To signify discontinued rate or regulation.
(I) - To signify increased rate.
(M) - To signify a move in the location of text.
(N) - To signify new rate or regulation.
(R) - To signify reduced rate.
(S) - To signify reissued matter.
(T) - To signify a change in text but no change in rate or regulation.
Issued:Effective:
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 4
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of
intrastate end-user local exchange communications services by BCN TELECOM, INC., hereinafter
refened to as the Company, to Customers within the State of Idaho. The Company's services are
furnished subject to the availability of facilities and subject to the terms and conditions set forth herein.
This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for
review at the main office of BCN TELECOM, INC. at 550 Hills Drive, Suite 1.10, 1" Floor, Bedminster,
NJ 07921.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LLO, L" Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
A.
B.
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 5
TARIFF FORMAT
Page Numbering - Page numbers appear in the upper right corner of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When a new
page is added between pages already in effect, a decimal is added. For example, a new page
added between pages 14 and L5 would be L4.
Page Revision Numbers - Revision numbers also appear in the upper right corner of each page.
These numbers are used to determine the most current page version on file with the Commission.
For example, the 4th Revised Page 1,4 cancels the 3rd Revised Page 14. Because of various
suspension periods, deferrals, etc., the most current page number on file with the Commission is
not always the tariff page in effect. Consult the Check Sheet for the page currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level:
2.
2.L.
2.1.t
2.1..1.A
2.t.1.4.1.
2.1.1.A.1.(a).
2.t.1.A.r.(a).1.
2.t.1.A.t.(a).I.(i).
2.r.1. AJ..(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 designated by an asterisk (*).There
will be no other symbols used on this page if these are the only changes made to it (i. , the format,
etc. remain the same, just revised revision levels on some pages.) 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.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
C.
D.
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 6
SECTION 1.0 - DEFINITIONS
Access Line - An arrangement from a local exchange telephone company or other common carrier, using
either dedicated or switched access, which connects a Customer's location to Carrier's location or
switching center.
Account - A Company accounting category containing up to two (2) residential local exchange access
lines billed to the same Customer at the same address. The second or non-primary local exchange access
line will share any call allowance of the primary local exchange access line. The second or non-primary
local exchange access line therefore will not be provisioned to include a separate call allowance structure.
No features are provided with the second or non-primary local exchange access line.
Account Codes - Permits Centrex Stations and attendants to dial an account code number of up to eight
digits. For use when placing calls over facilities arranged for Automatic Message Accounting (AMA)
recording. The account or project number must be input prior to dialing the called number.
Advance Payment - Part or all of a payment required before the start of service.
Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable
Carrier to identify the origin of service of the Customer so it may rate and bill the call. Atl authorization
codes shall be the sole property of Carrier and no Customer shall have any property or other right or
interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be
used as or in connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the
service of the Customer.
Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange
telephone company which automatically identifies the local exchange line from which a call originates.
Commission - Refers to the Idaho Public Utilities Commission.
Common Carrier - An authorized company or entity providing telecommunications services to the
public
Company - BCN TELECOM, INC., the issuer of this tariff.
Customer - The person, firm or corporation that orders service and is responsible for the payment of
charges and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the
Company's services.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 7
SECTION 1.0 - DEFINITIONS
Customer Terminal Equipment - Terminal equipment provided by the Customer.
Deposit - Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges.
End Office - The LEC switching system office or serving wire center where Customer station loops are
terminated for purposes of interconnection to each other and/or to trunks.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange
calls dialed by the Customer are automatically routed to the Company's network. Presubscribed
Customers may also route interexchange calls to the Company's network by dialing an access code
supplied by the Company.
Exchange Telephone Company or Telephone Company - Denotes any individual, partnership,
association, joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to
engage in providing public switched communication service throughout an exchange area, and between
exchange areas within the LATA.
Federal Access Charge - per line charge to be applied to business accounts with more than 1 line only.
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors.
Interruption shall not include, and no allowance shall be given for service difficulties such as slow dial
tone, circuits busy or other network and/or switching capability shortages. Nor shall lnterruption include
the failure of any service or facilities provided by a common carrier or other entity other than the Carrier.
Any Interruption allowance provided within this Tariff by Carrier shall not apply where service is
interrupted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the terms of
this Tariff, terminates service because of non-payment of bills, unlawful or improper use of the Carrier's
facilities or service, or any other reason covered by this Tariff or by applicable law.
LATA - A I-ocal Access and Transport Area established pursuant to the Modification of Final Judgment
entered by the United States District Court for the District of Columbia in Civil Action No. 82-0L92; or
any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc.
Tariff No. 4, or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area
also served by the Company.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LLO, 1" Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 8
SECTION 1.0 _ DEFINITIONS
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and
equipment which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
NECA - National Exchange Carriers Association.
Network Access Charge - This is a fee that reimburses the Company for costs associated with building a
network, connecting customers to the network, and updating related Company systems.
Non-Recurring Charge ('NRC") - The initial charge, usually assessed on a one-time basis, to initiate
and establish service.
PBX - Private Branch Exchange
PIN - Personal Identification Number. See Authorization Code.
Point of Presence ("POP") - Point of Presence
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for
the agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written request for Company services executed by the Customer and the Company
in the format devised by the Company. The signing of a Service Order Form by the Customer and
acceptance by the Company initiates the respective obligations of the parties as set forth therein and
pursuant to this tariff.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is
used in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer s Company-provided local
exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer s
local telephone lines are presubscribed by the Company to the Company s outbound service such that " I
+ lO-digit number" calls are automatically routed to the Company s or an IXC's network. Calls to stations
within the Customer s LATA may be placed by dialing " L0XXXu or " L01XXXX" with 1 + 10-digit
number.
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, L't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 9
SBCTION 1.0 _ DEFINITIONS
Station - The network control signaling unit and any other equipment provided at the Customer s
premises which enables the Customer to establish communications connections and to effect
communications through such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications
service from the Company. Service may be ordered by, or on behalf of, those who own, lease or otherwise
manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing
the services of the Company.
Switched Access Origination/Termination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer
is a LED-provided business or residential access line. The cost of switched Feature Group access is billed
to the interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 10
2.1
SECTION 2.0 . REGUI.ATIONS
Undertaking of the Company
2.1.L Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission between
points within the State of Idaho.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity
that purchases access to the Company network in order to originate or terminate its own
services or to communicate with its own customers.
2.1.2 Shortage of Equipment or Facilities
The Company reserves the right to limit or to allocate the use of existing facilities
or of additional facilities offered by the Company, when necessary because of
lack of facilities, or due to some other cause beyond the Company s control.
The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of the
Company s facilities as well as facilities the Company may obtain from other
carriers to furnish service from time to time as required at the sole discretion of
the Company.
2.1.3 Terms and Conditions
Minimum Period - Service is provided month-to-month or in a term agreement.
The minimum term period is one (1) year unless otherwise specified in this tariff
or mutually agreed upon by contract. Penalties may apply for early termination of
the term agreement
Except as otherwise stated in this tariff, Customers may be required to enter into
written service orders which shall contain or reference a specific description of
the service ordered, the rates to be charged, the duration of the services, and the
terms and conditions in this tariff. Customers will also be required to execute any
other documents as may be reasonably requested by the Company.
A.
B.
A.
B.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page L1
2.1
SECTION 2.0 . REGUI-ATIONS
Undertaking of the Company, (Cont'd.)
2.1.3 Terms and Conditions, (Cont'd.)
D.
E.
F.
G.
C. Continuation of Service: Except as otherwise stated in this tariff, at the expiration
of the initial term specified in each Service Order, or in any extension thereof,
service shall be renewed automatically for a one (1) year term, unless the
Customer provides notice of intent not to renew such agreement at least thirty
(30) days prior to the end of the initial or any additional term. Any termination
shall not relieve the Customer of its obligation to pay any charges incurred under
the service order and this tariff prior to termination. The rights and obligations
that by their nature extend beyond the termination of the term of the service order
shall survive such termination.
In any action between the parties to enforce any provision of this tariff,
prevailing party shall be entitled to recover its legal fees and court costs from
non-prevailing party in addition to other relief a court may award.
Service may be terminated upon written notice to the Customer if:
1. the Customer is using the service in violation of this tariff; or2. the Customer is using the service in violation of the law.
This tariff shall be interpreted and governed by the laws of the State of Idaho
regardless of its choice of laws provision.
Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or
purchase any services in order to have the right to obtain service directly from the
Company.
To the extent that either the Company or any other telephone company exercises
control over available cable pairs, conduit, duct space, raceways, or other
facilities needed by the other to reach a person or entity, the party exercising such
control shall make them available to the other on terms equivalent to those under
which the Company makes similar facilities under its control available to its
customers. At the reasonable request of either party, the Company and the other
telephone company shall join the attempt to obtain from the owner of the
property access for the other party to serve a person or entity.
the
the
H.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page L2
2.1
SECTION 2.0 . REGULATIONS
Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability
A.
B.
C.
D.
Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: (1) the furnishing of its services, including but not
limited to mistakes, omissions, interruptions, delays, or errors, or other defects
representations, or use of these services or (2) the failure to furnish its service
whether caused by acts or omission, shall be limited to the extension of
allowances to the Customer for interruptions in service as set forth in Section 2.6.
Except for the extension of allowances to the Customer for interruptions in
service as set forth in Section 2.6, the Company shall not be liable to a Customer
or third party for any direct, indirect, special, incidental, reliance, consequential,
exemplary or punitive damages, including, but not limited to, loss of revenue or
profits, for any reason whatsoever, including, but not limited to, any act or
omission, failure to perform, delay, interruption, failure to provide any service or
any failure in or breakdown of facilities associated with the service.
The liability of the Company for errors in billing that result in overpayment by
the Customer shall be limited to a credit equal to the dollar amount erroneously
billed or, in the event that payment has been made and service has been
discontinued, to a refund of the amount erroneously billed.
The Company shall be indemnified and saved harmless by the Customer from
and against all loss, liability, damage and expense, including reasonable counsel
fees due to:
Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) common carriers or
warehousemen, except as contracted by the Company;
Any delay or failure of performance or equipment due to causes beyond
the Company s control, including but not limited to, acts of God, fires,
floods earthquakes, hurricanes, or other catastrophes; national
emergencies insurrections, riots, wars or other civil commotions; strikes,
lockouts, work stoppages or other labor difficulties; criminal actions
taken against the Company; unavailability, failure or malfunction of
equipment or facilities provided by the Customer or third parties; and
any law, order, regulation or other action of any governing authority or
agency thereof;
1.
)
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 13
2.1
SECTION 2.0 - REGULATIONS
Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability, (cont'd)
D. (cont'd)
3.
4.
5.
6.
7.
8.
9.
10.
Any unlawful or unauthorized use of the Company s facilities and
services;
Libel, slander, invasion of privacy or infringement of patents, trade
secrets or copyrights arising from or in connection with the material
transmitted by means of Company-provided facilities or services; or by
means of the combination of Company-provided facilities or services;
Breach in the privacy or security of communications transmitted over the
Company s facilities;
Changes in any of the facilities, operations or procedures of the
Company that render any equipment, facilities or services provided by
the Customer obsolete, or require modification or alteration of such
equipment, facilities or services, or otherwise affect their use or
performance, except where reasonable notice is required by the Company
and is not provided to the Customer, in which event the Company s
liability is limited as set forth in paragraph A. of this Subsection 2.1..4.
Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises or the installation
or removal thereof;
Injury to property or injury or death to persons, including claims for
payments made under Workers'Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any
act or omission of the Customer, or the construction, installation,
maintenance presence, use or removal of the Customer s facilities or
equipment connected, or to be connected to the Company s facilities;
Any noncompletion of calls due to network busy conditions;
Any calls not actually attempted to be completed during any period that
service is unavailable;
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page L4
2.1
SECTION 2.0 . REGUI,ATIONS
Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability, (cont'd)
D. (continued)
And any other claim resulting from any act or omission of the Customer
or patron(s) of the Customer relating to the use of the Company s
services or facilities.
The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere.
The Company makes no warranties or representations, EXPRESS OR IMPLIED
either in fact or by operation of law, statutory or otherwise, including warranties
of merchantability or fitness for a particular use, except those expressly set forth
herein.
Failure by the Company to assert its rights pursuant to one provision of this rate
sheet does not preclude the Company from asserting its rights under other
provisions.
Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions of listings obtainable from the
directory assistance operator, including errors in the reporting thereof, shall
attach to the Company. An allowance for errors or mistakes in or omissions of
published directory listings or for errors or mistakes in or omissions of listing
obtainable from the directory assistance operator shall be at the monthly tariff
rate for each listing, or in the case of a free or no-charge directory listing, credit
shall equal two times the monthly tariff rate for an additional listing, for the life
of the directory or the charge period during which the error, mistake or omission
occurs.
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes
that it is a 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.
11.
E.
F.
G.
H.
L
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 15
2.1
SECTION 2.0 . REGUI-ATIONS
Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability, (cont'd)
J. With respect to Emergency Number 911 Service
This service is offered solely as an aid in handling assistance calls in
connection with fire, police and other emergencies. The Company is not
responsible for any losses, claims, demands, suits or any liability
whatsoever, whether suffered, made instituted or asserted by the
Customer or by any other party or person for any personal injury or death
of any person or persons, and for any loss, damage or destruction of any
property, whether owned by the Customer or others, caused or claimed to
have been caused by: (1) mistakes, omissions, interruptions, delays,
errors or other defects in the provision of service, or (2) installation,
operation, failure to operate, maintenance, removal, presence, condition,
local or use of any equipment and facilities furnishing this service.
Neither is the Company responsible for any infringement, nor invasion of
the right of privacy of any person or persons, caused or claimed to have
been caused directly or indirectly, by the installation, operation, failure to
operate, maintenance, removal, presence, condition, occasion or use of
emergency 911 service features and the equipment associated therewith,
or by any services furnished by the Company, including, but not limited
to the identification of the telephone number, address or name associated
with the telephone used by the party or parties accessing emergency 911
service, and which arise out of the negligence or other wrongful act of
the Company, the Customer, its users, agencies or municipalities, or the
employees or agents of anyone of them.
When a Customer with a nonpublished telephone number, as defined
herein places a call to the emergency 9ll service, the Company will
release the name and address of the callingparty, where such information
can be determined, to the appropriate local governmental authority
responsible for emergency 9lI service upon request of such
governmental authority. By subscribing to service under this rate sheet,
the Customer acknowledges and agrees with the release of information as
described above.
1.
2.
3.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, L" Floor
Bedminster, NJ 07921
2.1
BCN TELECOM,INC.ldaho Price List No. 2
Original Page 16
SECTION 2.0 - REGULATIONS
Undertaking of the Company, (Cont'd)
2.1.5 Notification of Service-AffectingActivities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include,
but are not limited to, equipment or facilities additions, removals or rearrangements and
routine preventative maintenance. Generally, such activities are not specific to an
individual Customer but affect many Customers' services. No specific advance
notification period is applicable to all service activities. The Company will work
cooperatively with the Customer to determine the reasonable notification requirements.
With some emergency or unplanned service-affecting conditions, such as an outage
resulting from cable damage, notification to the Customer may not be possible.
2.1.6 Provision of Equipment and Facilities
A. The Company shall use reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this tariff. The
Company does not guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
B. The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company, except upon the written consent of the Company.
C. The Company may substitute, change or rearrange any equipment or facility at
any time and from time to time, but shall not thereby alter the technical
parameters of the service provided the Customer.
D. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any
purpose other than that for which it was provided.
E. The Customer shall be responsible for the payment of service charges as set forth
herein for visits by the Company s agents or employees to the Premises of the
Customer when the service difficulty or trouble report results from the use
equipment or facilities provided by any party other than the Company, including
but not limited to the Customer.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 17
SECTION 2.0 . REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.6 Provision of Equipment and Facilities, (cont'd)
F. The Company shall not be responsible for the installation, operation, or
maintenance of any Customer-provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this tariff and to the maintenance and operation of such facilities.
Subject to this responsibility, the Company shall not be responsible for:
(1) the transmission of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission; or
(2) the reception of signals by Customer-provided equipment.
2.1.7 Non-routinelnstallation
At the Customer s request, installation and/or maintenance may be performed outside the
Company s regular business hours or in hazardous locations. In such cases, charges based
on cost of the actual labor, material, or other costs incurred by or charged to the Company
will apply. If installation is started during regular business hours but, at the Customer s
request extends beyond regular business hours into time periods including, but not
limited to weekends, holidays, and/or night hours, additional charges may apply.
2.1.8 SpecialConstruction
Subject to the agreement of the Company and to all of the regulations contained in this
tariff special construction of facilities may be undertaken on a reasonable efforts basis at
the request of the Customer. Special construction is that construction undertaken:
A. where facilities are not presently available, and there is no other requirement for
the facilities so constructed'
B. of a type other than that which the Company would normally utilize in the
furnishing of its services;
C. over a route other than that which the Company would normally utilize in the
furnishing of its services;
D. in a quantity greater than that which the Company would normally construct;
Issued:Effective:
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 18
2.1
SECTION 2.0 . REGUI.ATIONS
Undertaking of the Company, (Cont'd)
2.1.8 SpecialConstruction,(Cont'd)
E. on an expedited basis;
on a temporary basis until permanent facilities are available;
involving abnormal costs; or
in advance of its normal construction.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this rate sheet remains in the Company,
its partners, agents, contractors or suppliers.
Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any
use as to which the Customer has not obtained all required governmental approvals,
authorizations licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's
offerings for resale and/or for shared use to file a letter with the Company confirming that
their use of the Company s offerings complies with relevant laws and Commission
regulations, policies orders, and decisions.
2.2.3 The Company may block any signals being transmitted over its Network by Customers
which cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall
indemnify the Company for any claim, judgment or liability resulting from such
blockage.
2.2.4 A customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to
another entity if the existing Customer has paid all charges owed to the Company for
regulated communications services. Such a transfer will be treated as a disconnection of
existing service and installation of new service, and non-recurring installation charges as
stated in this tariff will apply.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
F.
G.
H.
2.2
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page L9
2.3
SECTION 2.0 - REGUI.ATIONS
Obligations of the Customer
2.3.1 General
B.
C.
D.
The Customer is responsible for making proper application for service; placing any
necessary order, complying with tariff regulations; payment of charges for services
provided. Specific Customer responsibilities include, but are not limited to the following:
A. the payment of all applicable charges pursuant to this tariff;
damage to or loss of the Company s facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment space and power to operate Company facilities and
equipment installed on the premises of the Customer, and the level of heating and
air conditioning necessary to maintain the proper operating environment on such
premises;
obtaining, maintaining, and otherwise having full responsibility for all rights-of-
way and conduits necessary for installation of fiber optic cable and associated
equipment used to provide Communication Services to the Customer from the
cable building entrance or property line to the location of the equipment space
described in 2.3.1,(C.) Any and all costs associated with obtaining and
maintaining the rights-of-way described herein, including the costs of altering the
structure to permit installation of the Company-provided facilities, shall be borne
entirely by, or may be charged by the Company to, the Customer. The Company
may require the Customer to demonstrate its compliance with this section prior to
accepting an order for service;
providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees
and agents shall be installing or maintaining the Company s facilities and
equipment. The Customer may be required to install and maintain Company
facilities and equipment within a hazardous area if, in the Company s opinion,
injury or damage to the Company s employees or property might result from
installation or maintenance by the Company. The Customer shall be responsible
for identifying, monitoring, removing and disposing of any hazardous material
(e.g. asbestos) prior to any construction or installation work;
E.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page20
2.3
SECTION 2.0 . REGULATIONS
Obligations of the Customer, (Cont'd)
2.3.L General,(cont'd)
complying with all laws and regulations applicable to, and obtaining all consents
approvals, licenses and permits as may be required with respect to, the location
of Company facilities and equipment in any Customer premises or the rights-of-
way for which Customer is responsible under Section 2.3. tD.; and granting or
obtaining permission for Company agents or employees to enter the premises of
the Customer at any time for the purpose of installing, inspecting, maintaining,
repairing, or upon termination of service as stated herein, removing the facilities
or equipment of the Company;
not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and making Company facilities and
equipment available periodically for maintenance purposes at a time agreeable to
both the Company and the Customer. No allowance will be made for the period
during which service is interrupted for such purposes.
2.3.2 Liability of the Customer
The Customer will be liable for damages to the facilities of the Company and for
all incidental and consequential damages caused by the negligent or intentional
acts or omissions of the Customer, its officers, employees, agents, invites, or
contractors where such acts or omissions are not the direct result of the
Company's negligence or intentional misconduct.
To the extent caused by any negligent or intentional act of the Customer as
described in A., preceding, the Customer shall indemnify, defend and hold
harmless the Company from and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attorneys' fees , for (1) any loss,
destruction or damage to property of any third party, and (2) any liability
incurred by the Company to any third party pursuant to this or any other rate
sheet of the Company, or otherwise, for any interruption of, interference to, or
other defect in any service provided by the Company to such third party.
F.
G.
A.
B.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM,INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 2l
2.3
SECTION 2.0 . REGULATIONS
Obligations of the Customer, (Cont'd)
2.3.2 Liability of the Customer, (Cont'd)
C. The Customer shall not assert any claim against any other Customer or user of
the Company s services for damages resulting in whole or in part from or arising
in connection with the furnishing of service under this rate sheet including but
not limited to mistakes, omissions, intemrptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in
any way to the occurrence of the damages, unless such damages were caused
solely by the negligent or intentional act or omission of the other Customer or
user and not by any act or omission of the Company. Nothing in this rate sheet is
intended either to limit or to expand Customer s right to assert any claims against
third parties for damages of any nature other than those described in the
preceding sentence.
Customer Equipment and Channels
2.4.1 General
A User may transmit or receive information or signals via the facilities of the Company.
The Company's services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in this tariff. A User may transmit any form
of signal that is compatible with the Company s equipment, but the Company does not
guarantee that its services will be suitable for purposes other than voice-grade telephonic
communication except as specifically stated in this tariff.
2.4.2 StationEquipment
A. Terminal equipment on the User s Premises and the electric power consumed by
such equipment shall be provided by and maintained at the expense of the User.
The User is responsible for the provision of wiring or cable to connect its
terminal equipment to the Company Point of Connection.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, l.'t Floor
Bedminster, NJ 07921
2.4
Issued:
lssued by:
Effective:
2.4
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 22
SECTION 2.0 . REGULATIONS
Customer Equipment and Channels, (Cont'd)
2.4.2 Station Equipment, (Cont'd)
B. The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and
currents impressed on Company-provided equipment and wiring by the
connection, operation, or maintenance of such equipment and wiring shall be
such as not to cause damage to the Company-provided equipment and wiring or
injury to the Company s employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the
Company at the Customer s expense subject to prior Customer approval of the
equipment expense.
2.4.3 InterconnectionofFacilities
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communication
Services and the channels, facilities, or equipment of others shall be provided at
the Customer s expense.
Communication Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the
terms and conditions of the tariffs of the other communications carriers that are
applicable to such connections.
Facilities furnished under this tariff may be connected to Customer-provided
terminal equipment in accordance with the provisions of this tariff. All such
terminal equipment shall be registered by the Federal Communications
Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all
User-provided wiring shall be installed and maintained in compliance with those
regulations.
Users may interconnect communications facilities that are used in whole or in
part for interstate communications to services provided under this tariff only to
the extent that the user is an is "End User, as defined in Section 69.2(m),Title
47, Code of Federal Regulations (1992 edition).
A.
B.
C.
D.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 23
2.4.4 Inspections
Payment Arrangements
2.5.1 Payment for Service
A.
B.
SECTION 2.0 . REGULATIONS
Upon suitable notification to the Customer, and at a reasonable time, the
Company may make such tests and inspections as may be necessary to determine
that the Customer is complying with the requirements set forth in Section 2.4.2A.
for the installation, operation, and maintenance of Customer-provided facilities,
equipment and wiring in the connection of Customer-provided facilities and
equipment to Company-owned facilities and equipment.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to
protect its facilities, equipment, and personnel. The Company will notify the
Customer promptly if there is any need for further corrective action. Within ten
days of receiving this notice, the Customer must take this corrective action and
notify the Company of the action taken. If the Customer fails to do this, the
Company may take whatever additional action is deemed necessary, including
the suspension of service, to protect its facilities, equipment and personnel from
harm.
2.5
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the Customer
regardless of whether those services are used by the Customer itself or are resold to or
shared with other persons.
The Customer is responsible for payment of any sales, use, gross receipts, excise, access
or other local, state, federal and 911 taxes, charges or surcharges (however designated)
(excluding taxes on Company s net income) imposed on or based upon the provision, sale
or use of Network Services.
The security of the Customer s PIN is the responsibility of the Customer. All calls placed
using a PIN shall be billed to and shall be the obligation of the Customer. The Customer
shall not be responsible for charges in connection with the unauthorized use of PINs
arising after the Customer notifies the Company of the loss, theft, or other breach of
security of such PINs.
Customers will only be charged once, on either an interstate or intrastate basis, for any
nonrecurring charges.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
2.5
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 24
SECTION 2.0 . REGULATIONS
Payment Arrangements, (Cont'd)
2.5.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A. Nonrecurring charges are due and payable within thirty (30) days after the
invoice date, unless otherwise agreed to in advance.
B. The Company shall present invoices for recurring charges monthly to the
Customer in advance of the month in which service is provided, and Recurring
Charges shall be due and payable within thirty (30) days after the invoice date.
When billing is based on customer usage, charges will be billed monthly for the
preceding billing periods.
C. Upon initiation or termination of service, Customer billing will commence, or
terminate, with the next available bill cycle. Monthly recurring charges are not
prorated based on the actual number of days that the Customer had service during
the billing cycle.
D. Billing of the Customer by the Company will begin on the first day of the next
available bill cycle following the Service Commencement Date, which is the first
day following the date on which the Company notifies the Customer that the
service or facility is available for use, except that the Service Commencement
Date may be postponed by mutual agreement of the parties, or if the service or
facility does not conform to standards set forth in this tariff or the Service Order.
E. If any portion of the payment is not received by the Company, or if any portion
of the payment is received by the Company in funds that are not immediately
available, within twenty (20) days of the mail date on the bill, then a late
payment penalty shall be due the Company. The late payment penalty shall be
that portion of the payment not received by the date due minus any charges billed
as local taxes multipliedby 1.57o.
F. The Customer will be assessed a charge of twenty d.ollars ($20.00) for each
check submitted by the Customer to the Company that a financial institution
refuses to honor.
If service is disconnected by the Company in accordance with Section 2.5.6
following and later restored, restoration of service will be subject to all
applicable installation charges.
G.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
2.5
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 25
SECTION 2.0 . REGULATIONS
Payment Arrangements, (Cont'd.)
2.5.2 Billing and Collection of Charges, (cont'd.)
H. End of Cycle Billing - For billing purposes only, if a customer cancels or
terminates service and is in a bundled rate plan, the cancellation/termination will
not be deemed effective until the final day of the billing cycle and the Company
will retain all amounts paid by the customer for that month of service.
I. Customers may access their invoices and pay their invoices online. There is a
Paper Invoice Charge of $1.25 applied to customers who choose to have their
invoice mailed to them and is intended to recover the cost of preparing and
mailing paper bills and processing payments associated with paper bills.
2.5.3 Disputed Bills
A. In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bill to avoid discontinuance of service for non-
payment. The Customer must submit a documented claim for the disputed
amount. The Customer will submit all documentation as may reasonably be
required to support the claim. All claims must be submitted to the Company
within 90 days of receipt of billing for those services. If the Customer does not
submit a claim as stated above the Customer waives all rights to filing a claim
thereafter.
Unless disputed the invoice shall be deemed to be correct and payable in full by
the Customer. If the Customer is unable to resolve any dispute with the
Company, then the Customer may file a complaint with the Commission.
Idaho Public Utilities Commission
472West Washington
Statehouse
Boise,lD 83702-0074
Telephone: [phone]
Toll Free: [phone]
If the dispute is resolved in favor of the Customer and the Customer has withheld
the disputed amount, no interest, credits or penalties will apply.
B.
C.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1.'t Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 26
2.5
SECTION 2.0 . REGULATIONS
Payment Arrangements, (Cont'd.)
2.5.4 Advance Payments
The Company will not be collecting advance payments.
2.5.5 Deposits
The Company will not be collecting deposits.
Payment Arrangements, (Cont'd)
2.5.6 Discontinuance of Service
2.5
A.Service may be disconnected after seven (7) days written notice for any of the
following reasons:
1. The Customer did not pay undisputed delinquent bills for local exchange
services or paid a delinquent bill for local exchange services with any
dishonored check.
2. The Customer failed to abide by the terms of a payment arrangement.
3. The Customer misrepresented the Customer s identity for the purpose of
obtaining telephone service.
4. The Company determines as prescribed by relevant state or other
applicable standards that the Customer is willfully wasting or interfering
with service through improper equipment or otherwise.
5. The Customer is using service(s) for which the Customer did not apply.
At least twenty- f.our (24) hours before actual termination, the Company will
attempt to contact the Customer affected to apprise the Customer of the proposed
termination action and steps to take to avoid or delay termination. Service will
not be terminated in the event that a formal or informal complaint concerning
termination is filed with the Commission.
B.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.ldaho Price List No. 2
Original Page 27
2.5
SECTION 2.0 . REGULATIONS
Payment Arrangements, (Cont' d)
2.5.6 Discontinuance of Service, (cont'd)
C. Service may be disconnected without notice and without incurring any liability
for any of the following reasons:
1. A condition immediately dangerous or hazardous to life, physical safety
or property exists, or it is necessary to prevent a violation of federal, state
or local safety or health codes.
2, The company is ordered to terminate service by any court, the
Commission or any other duly authorized public authority.
3. In the event of fraudulent use of the Company s network, where the
service(s) was (were) obtained, diverted or used without the
authorization or knowledge of the Company, the Company will
discontinue service without notice and/or seek legal recourse to recover
all costs involved in enforcement of this provision.
4. The Company has tried diligently to meet the notice requirements but has
been unsuccessful in its attempt to contact the Customer affected.
5. The Customer has misrepresented the Customer's identity for purposes
of obtaining telephone service and has an outstanding bill exceeding
$100.
6. Upon the Company's discontinuance of service to the Customer under
Section 2.6.6 A. or 2.6.6 C., the Company, in addition to all other
remedies that may be available to the Company at law or in equity or
under any other provision of this price list, may declare all future
monthly and other charges that would have been payable by the
Customer during the remainder of the term for which such services
would have otherwise been provided to the Customer to be immediately
due and payable.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l" Floor
Bedminster, NJ 07921
2.5
BCN TELECOM,INC.Idaho Price List No. 2
Original Page28
SECTION 2.0 - RBGUT-ATIONS
Payment Arrangements, (Cont'd)
2.5.8 Cancellation of Application for Service
A. Applications for service cannot be canceled without the Company s agreement.
Where the Company permits a Customer to cancel an application for service
prior to the start of service or prior to any special construction, no charges will be
imposed except for those specified below.
B. Where, prior to cancellation by the Customer, the Company incurs any expenses
in installing the service or in preparing to install the service that it otherwise
would not have incurred, a charge equal to the costs incurred by the Company,
less net salvage shall apply, but in no case shall this charge exceed the sum of the
charge for the minimum period of services ordered, including installation
charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service commenced.
C. Where the Company incurs any expense in connection with special construction,
or where special arrangements of facilities or equipment have begun, before the
Company receives a cancellation notice, a charge equal to the coits incurred by
the Company, less net salvage, applies. In such cases, the charge will be based on
such elements as the cost of the equipment, facilities, and material, the cost of
installation, engineering, labor, and supervision, general and administrative
expense other disbursements, depreciation, maintenance, taxes, provision for
return on investment, and any other costs associated with the special construction
or arrangements.
D. The special charges described in2.5.7 A. through 2.5.7 C. will be calculated and
applied on a case-by-case basis.
2.5.9 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, service parameters, premises locations, or otherwise materially modifies
any provision of the application for service, the Customer s installation fee shall be
adjusted accordingly.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.10, L't Floor
Bedminster, NJ 07921
2.6
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 29
SECTION 2.0 . REGULATIONS
Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the
provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.6.'L for
the part of the service that the interruption affects.
Credits identified in this section are in addition to those required by Rule 503 of the Commission
Telephone Customer Relations Rules:
2.6.1 General
A credit allowance will be given when service is interrupted, except as specified
below. A service is interrupted when it becomes inoperative to the Customer,
e.g., the Customer is unable to transmit or receive, because of a failure of a
component furnished by the Company under this rate sheet.
An interruption period begins when the Customer reports a service, facility or
circuit to be inoperative and, if necessary, releases it for testing and repair. An
intemrption period ends when the service, facility or circuit is operative.
If the Customer reports a service, facility or circuit to be interrupted but declines
to release it for testing and repair, or refuses access to its premises for test and
repair by the Company, the service, facility or circuit is considered to be
impaired but not interrupted. No credit allowances will be made for a service,
facility or circuit considered by the Company to be impaired.
The Customer shall be responsible for the payment of service charges as set forth
herein for visits by the Company s agents or employees to the premises of the
Customer when the service difficulty or trouble report results from the use of
equipment or facilities provided by any party other than the Company, including
but not limited to the Customer.
A.
B.
C.
D.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 30
SECTION 2.0 . REGUI.ATIONS
2.6 Allowances for Intermptions in Service, (Cont'd)
2.6.2 Limitations of Allowances
No credit allowance will be made for any interruption in service. These limitations do not
apply to the credits provided in accordance with Rule 503 of the Commission's
Telephone Customer Relations Rules.
A. Due to the negligence of or noncompliance with the provisions of this rate sheet
by any person or entity other than the Company, including but not limited to the
Customer;
B. Due to the failure of power, equipment, systems, connections or services not
provided by the Company;
C. Due to circumstances or causes beyond the reasonable control of the Company;
D. During any period in which the Company is not given full and free access to its
facilities and equipment for the purposes of investigating and conecting
intemrptions;
E. A service will not be deemed to be interrupted if a Customer continues to
voluntarily make use of the service. If the service is interrupted, the Customer
can get a service credit, use another means of communications provided by the
Company (pursuant to Section 2.6.3), or utilize another service provider;
F. During any period when the Customer has released service to the Company for
maintenance purposes or for implementation of a Customer order for a change in
service arrangements;
G. That occurs or continues due to the Customer s failure to authorize replacement
of any element of special construction; and
H. That was not reported to the Company within thirty (30) days of the date that
service was affected.
2.6.3 Use of Another Means of Communications
If the Customer elects to use another means of communications during the period of
interruption, the Customer must pay the charges for the alternative service used.
Issued:Effective:
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1.'t Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 31
2.6
SECTION 2.0 . REGULATIONS
Allowances for Interruptions in Service, (Cont'd)
2.6.4 Application of Credits for Interruptions in Service
Less than 30 minutes
30 minutes up to but not including 3 hours
3 hours up to but not including 6 hours
6 hours up to but not including t hours
t hours up to but not including L2 hours
12 hours up to but not including 15 hours
L5 hours up to but not including 24 hours
A. Credits for interruptions in service that is provided and billed on a flat rate basis
for a minimum period of at least one month, beginning on the date that billing
becomes effective, shall in no event exceed an amount equivalent to the
proportionate charge to the Customer for the period of service during which the
event that gave rise to the claim for a credit occurred. A credit allowance is
applied on a pro rata basis against the rates specified hereunder and is dependent
upon the length of the interruption. Only those facilities on the interrupted
portion of the circuit will receive a credit.
B. For calculating credit allowances, every month is considered to have thirty (30)
days.
C. A credit allowance will be given for intemrptions of thirty (30) minutes or more.
Two or more intemrptions of fifteen (15) minutes or more during anyone 24-how
period shall be combined into one cumulative interruption.
D. Interruptions of 24 Hours or Less
Length of Interruption Amount of Service
To Be Credited
None
lll0Day
L/5 Day
215 Day
315 Day
415 Day
One Day
E.Interruptions Over 24 Hours and Less Than72 Hours
Interruptions over 24 hours and less than 72 hours will be credited 1/5 day for
each hour period or fraction thereof. No more than one full day's credit will be
allowed for any period of 24 hours.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, L't Floor
Bedminster, NJ 07921
2.6
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 32
SECTION 2.0 . REGULATIONS
Allowances for Interruptions in Service, (Cont'd)
2.6.4 Application of Credits for Interruptions in Service, (Cont'd)
E. Internrptions Over 72 Hours
Interruptions over 72 hours will be credited 2 days for each full 24-hour period.
No more than thirty (30) days credit will be allowed for anyone month period.
2.6.5 Cancellation For Service Interruption
Cancellation or termination for service interruption is permitted only if any circuit
experiences a single continuous outage of 8 hours or more or cumulative service credits
equaling 16 hours in a continuous l2-month period. The right to cancel service under this
provision applies only to the single circuit that has been subject to the outage or
cumulative service credits.
Use of Customer's Service by Others
2.7.1 Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From
each joint use alrangement, one member will be designated as the Customer responsible
for the manner in which the joint use of the service will be allocated. The Company will
accept orders to start, rearrange, relocate, or discontinue service only from the designated
Customer. Without affecting the Customer s ultimate responsibility for payment of all
charges for the service, each joint user shall be responsible for the payment of the charges
billed to it.
Cancellation of Service/Termination Liability
If a Customer cancels a Service Order or terminates services before the completion of the term for
any reason whatsoever other than a service interruption (as defined in Section 2.6.L above), the
Customer agrees to pay to the Company termination liability charges, as defined below. These
charges shall become due as of the effective date of the cancellation or termination and be
payable within the period, set forth in Section 2.5.2.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
2.7
2.8
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 33
SECTION 2.0 - REGULATIONS
2.8 CancellationofService/TerminationLiability,(Cont'd)
2.8.1 TerminationLiability
A. The Customer s termination liability for cancellation of term or contract service
shall be equal to:
1. all unpaid Non-Recurring charges reasonably expended by the Company
to establish service to the Customer; plus2. any disconnection, early cancellation or termination charges reasonably
incurred and paid to third parties by the Company on behalf of the
Customer; plus
3. 9O7o of the Monthly Recurring Charge for the service under the term
agreement, multiplied by the number of lines, multiplied by the months
remaining in the term agreement.
B. Customers who subscribe to service on a month-to-month basis will be billed a
$50.00 initiation fee on a final invoice if service is cancelled within the first
billing period.
2.9 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the services and facilities provided by the Company without the written consent of the other
party, except that the Company may assign its rights and duties:
2.9.1 to any subsidiary, parent company or affiliate of the Company; or
2.9.2 pursuant to any sale or transfer of substantially all the assets of the Company; or
2.9.3 pursuant to any financing, merger or reorganization of the Company.
2.10. Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual,
apparent or implied authority to use the network, obtains the Company s services provided under
this rate sheet.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.10, L't Floor
Bedminster, NJ 07921
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 34
SECTION 2.0 . REGULATIONS
2.10. Customer Liability for Unauthorized Use of the Networ\ (Cont'd)
2.10.1 Customer Liability for Fraud and Unauthorized Use of the Network
The Customer is liable for the unauthorized use of the network obtained through
the fraudulent use of a Company calling card, if such a card is offered by the
Company, or an accepted credit card, provided that the unauthorized use occurs
before the Company has been notified.
A Company calling card is a telephone calling card issued by the Company at the
Customer s request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls
billed to the Customer s account.
An accepted credit card is any credit card that a cardholder has requested or
applied for and received, or has signed, used, or authorized another person to use
to obtain credit. Any credit card issued as a renewal or substitute in accordance
with this paragraph is an accepted credit card when received by the cardholder.
The Customer must give the Company written or oral notice that an unauthorized
use of a Company calling card or an accepted credit card has occurred or may
occur as a result of loss, and/or theft.
The Customer is responsible for payment of all charges for calling card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this rate sheet, unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse of the Customer
service or Customer-provided equipment by third parties, the Customer's
employees or the public.
The liability of the Customer for unauthorized use of the Network by credit card
fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification
to the Company.
A.
B.
C.
D.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 35
2.tt
SECTION 2.0 - REGULATIONS
Notices and Communications
2.ll.l The Customer shall designate on the Service Order an address to which the Company
shall mail or deliver all notices and other communications, except that the Customer may
also designate a separate address to which the Company s bills for service shall be
mailed.
2.11.2 The Company shall designate on the Service Order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may
designate a separate address on each bill for service to which the Customer shall mail
payment on that bill.
2.1L.3 Except as otherwise stated in this tariff, all notices or other communications required to
be given pursuant to this tariff will be in writing. Notices and other communications of
either party, and all bills mailed by the Company, shall be presumed to have been
delivered to the other party on the third business day following placement of the notice,
communication or bill with the U. S. Mail or a private delivery service, prepaid and
properly addressed, or when actually received or refused by the addressee, whichever
occurs first.
2.11.4 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
2.12 Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer. Taxes and fees
include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross
Receipts Tax. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer invoices.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l" Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No.2
Original Page 36
SECTION 2.0 . REGULATIONS
2.13 MiscellaneousProvisions
2.13.1 Telephone Number Changes
Whenever any Customer's telephone number is changed after a directory is published,
the Company shall intercept all calls to the former number for a minimum of ninety (90
days and give the calling party the new number provided existing central office
equipment will permit, and the Customer so desires.
When service in an existing location is continued for a new Customer, the existing
telephone number may be retained by the new Customer only if the former Customer
consents in writing, and if all charges against the account are paid or assumed by the new
Customer.
2.13.2 Maintenance and Operations Records
Records of various tests and inspections, to include non-routine corrective maintenance
actions or monthly traffic analysis summaries for network administration, necessary for
the purposes of the Company or to fulfill the requirements of Commission rules shall be
kept on file in the office of the Company as required under Commission rules.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l.'t Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 37
SECTION 3.0 . SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment, in areas
currently served by the following Incumbent LECs:
A. Qwest Communications,Inc.
The Company will mirror the local exchange service area of Qwest.
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, L't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 38
SECTION 4.0 - SERVICE CIIARGES AND SURCHARGES
4.1 New Line Installation and Existing Line Migration Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in service.
Move or change existing service and equipment or add new or additional service and equipment
other than access lines.
a) New Line Installation Charges
The installation of new line number and dial-tone services. Pricing varies depending upon
service address and line location requirements. Non-recurring pricing per new local line
installation can be up to:
Non-recurring Charge
$60.00
b) Existing Line Migration Charges
The migration/transfer of existing line number and dial-tone services from another local
telephone service provider to the Company. Pricing varies based up service term length
agteed upon by customer. For Month-To-Month service the local line migration charges
per local line migrated:
Non-recurring Charge
$3s.00
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
lssued:Effective:
5.1
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 39
SECTION 5.0 _ NETWORI( SERVICE DESCRIPTIONS
General
5.1.1 Services Offered
The following Services are available to business Customers:
Standard Business Line Service
Optional Calling Features
5.1.2 Application of Rates and Charges
All services offered in this tariff are subject to service order and change charges where
the Customer requests new services or changes in existing services, as well as indicated
Non-Recurring and Monthly Recurring Charges.
5.1.3 Emergency Services Calling Plan
Access (at no additional charge) to the local operator or emergency services bureau by
dialing 0- or 9-L-1 is offered at no charge to the Customer.
Message toll telephone calls, to governmental emergency service agencies as set forth in
(A) following, having primary or principal responsibility with respect to the provision of
emergency services to persons and property in the area from which the call is made,
meeting the definition and criteria of an emergency call as set forth in (B) following are
offered at no charge to Customers:
Governmental fire fighting, State Highway Patrol, police, and emergency squad service
(as designated by the appropriate governmental agency) qualify as governmental
emergency service agencies provided they answer emergency service calls on a
personally attended (live) twenty-four (24) hour basis, three hundred sixty-five (365)
days a year, including holidays.
An emergency is an occurrence or set of circumstances in which conditions pose
immediate threat to human life, property, or both and necessitate that prompt action be
taken. An emergency call is an originated call of short duration to a governmental
emergency services agency in order to seek assistance for such an emergency.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l." Floor
Bedminster, NJ 07921
5.2
5.3
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 40
SECTION 5.0 _ NETWORK SERVICE DESCRIPTIONS
Standard Business Line
The Standard Business Line provides a Customer with a single, analog, voice-grade telephonic
communications channel, which can be used to place or receive one call at a time. Standard
Business Lines are provided for the connection of Customer-provided wiring and single station
sets or facsimile machines. An optional per line Hunting feature is available for multi-line
Customers which routes a call to an idle station line in a prearranged group when the called
station line is busy.
Optional Calling Features
5.3.1 FeaturesDescriptions
(A) Call Forwarding - Busy Line: Allows a customer to have incoming calls
forwarded to another number when the called number is busy.
(B) Call Waiting - Basic: Call Waiting provides a tone signal to indicate to a
Customer already engaged in a telephone call that a second caller is attempting to
dial in. It permits the Customer to place the first call on hold, answer the second
call and then alternate between both callers. Cancel Call Waiting is provided with
the feature and allows a Call Waiting end-user to disable the Call Waiting feature
for the duration of a single outgoing telephone call. Cancel Call Waiting is
activate by dialing a special code prior to placing a call, and is automatically
deactivated when the Customer disconnects from the call.
Call Forwarding - No Answer: Permits the forwarding of incoming calls when
the end-user's line remains unanswered after a pre-designated ringing interval.
The ringing interval before forwarding and the forward-to number are fixed by
the service order.
Call Forwarding - Variable: Permits the end-user to automatically forward
(transfer) all incoming calls to another telephone number, and to restore it to
normal operation at their discretion. The end-user must dial an activation code
from his/her exchange line along with the forward-to number in order to turn the
feature on. A separate code is dialed by the end-user to deactivate the feature.
Caller ID: Permits the end-user to view a Directory Number of the calling party
on incoming telephone calls. Information is displayed on a specialized CPE not
provided by the Company. The feature also provides the date and time of each
incoming call. It is the responsibility of the Customer to provide the necessary
CPE.
(c)
(D)
(E)
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
5.3
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 41
SECTION 5.0 - NETWORK SERVICE DESCRIPTIONS
Optional Calling Features, (Cont'd)
5.3.1 BeaturesDescriptions, (Cont'd)
(F) Distinctive Ring: Provides the Customer with separate telephone numbers, each
with a distinctive ring, associated with one line.
(G) Repeat Dialing: Allows a customer to dial a code that will cause the feature to
automatically redial the last number the customer dialed. If the called number is
busy, the feature will redial the called number for a limited period of time. A tone
alerts the customer when the called number becomes available. This service is
available on a usage or subscription basis.
(H) Three Way Calling: Permits the end-user to add a third party to an established
connection. When the third party answers, a two-way conversation can be held
before adding the original party for a three-way conference. The end-user
initiating the conference controls the call and may disconnect the third party to
reestablish the original connection or establish a connection to a different third
party. The feature may be used on both outgoing and incoming calls.
(I) Voicemail Services: Voice Mail can answer incoming calls, placed to the
customer's telephone line, when the called number is busy or if the called
number is not answered. The service greet incoming caller with a personal or
standard greeting. It then receives and saves the caller's messages for review by
the customer. Customers can retrieve messages left for them from any tone
signaling telephone.
Listing Services
For each Customer of Company-provided Exchange Service(s), the Company shall arrange for
the listing of the Customer's main billing telephone number in the directory(ies) published by the
dominant Local Exchange Carrier in the area at no additional charge.
Miscellaneous Services
5.5.1 Hunting Service
Hunting Service is an optional arrangement available to customers with two or more
individual line or trunk services. Where facilities permit, such lines will be arranged so
that incoming calls to a busy line/trunk will overflow to other available lines/trunks for
that customer.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, 1't Floor
Bedminster, NJ 07921
5.4
5.5
lssued:
Issued by:
Effective:
6.1
6.2
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 42
SECTION 6.0. LOCAL BXCIIANGE SERVICES
General
Local Exchange Services are provided through the use of resold facilities obtained from Other
Telephone Companies and the Company's facilities.
The rates, terms and conditions set forth in the section are applicable where the Company
provides specified local exchange services to Customers.
All rates set forth in this Section are subiect to change and may be changed by the Company
pursuant to riotice requirements established by the Commission.
Standard Business Local Exchange Service
Standard Business Local Exchange Service provides the Customer with a single, analog, voice-
grade telephonic communications channel, which can be used to place or receive one call at a
time. Standard Business Local Exchange Service lines are provided for the connection of
Customer-provided wiring, telephones, facsimile machines or other station equipment. An
optional per line Hunting feature is available for multi-line Customers which routes a call to the
next idle line in a prearranged group when the called line is busy.
l,ocal exchange service lines and trunks are provided on a single party (individual) basis only. No
multi-party lines are provided. Service is available on a flat rate basis depending on the service
plan selected by the Customer. Not all service plans will be available in all areas. Recurring
charges for Standard Business Local Exchange Service are billed monthly in advance. Usage
charges, if applicable are billed in arrears. Usage charges may apply for calls placed from the
Customer's line. No usage charges will apply to calls received by the Customer. Non-recurring
charges for installation or rearrangement of service are billed on the next month's bill
immediately following work performed by the Company.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, L't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 2
Original Page 43
SECTION 6.0. LOCAL EXCHANGE SERVICES
6.2.1 Monthly Recurring Charges
The following charges apply to Standard Business l-ocal Exchange Service lines per
month. Rates and charges include Touchtone Service for each line. The rates and charges
below apply to service provided on a month-to-month basis.
Per Local Line
Monthly Recurring Charge
s37.9s
Includes:
Unlimited local calling
Caller ID
Line Hunting Service
Additional Line Features are provided in feature packages at an additional cost:
Monthly Recuning Charge
One Feature Package $3.00
Two Feature Package $5.00
All Feature Package $7.00
Additional Line features available such as:
Call Waiting
Repeat Dialing
Distinctive Ring
Three-Way Calling
Call Forwarding - Variable, Busy Line, No Answer
Voicemail Services
Issued:Effective:
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L" Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.2
Original Page 44
SECTION 7.0 . SPECIAL ARRANGEMENTS
7.1 Individual Case Basis (ICB) Arrangements
Arrangements will be developed on a case-by-case basis in response to a bona fide special request
from a Customer or prospective Customer to develop a competitive bid for a service not generally
offered under this tariff. Rates quoted in response to such competitive requests may be different
than those specified for such services in this tariff. ICB rates will be offered to the Customer in
writing and on a nondiscriminatory basis.
ICB will be filed with the Communications Division of the Commission.
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LLO, L't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.tdaho Price List No. 3
Original Page No. L
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
Schedule of Rates, Rules and Regulations
Governing Access Services
Provided in the State of ldaho
OFFERED BY
BCN TELECOM, INC.
550 Hills Drive, Suite L10, L't Floor
Bedminster, NJ 07921
This tariff contains the descriptions, regulations, and rates applicable to furnishing of Service and
facilities for Access Services within the State of Idaho by BCN Telecom, Inc. and Concurring Carriers.
This tariff is on file with the Idaho Public Utilities Commission and copies may also be inspected during
normal business hours at the following location: 550 Hills Drive, Suite LL0, L't Floor, Bedminster, NJ
07921,.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No.3
Original Page No.2
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
CHECK SHEET
Pages of this price list, as indicated below, are effective as of the date shown at the bottom of the
respective pages. Original and revised pages, as named below, comprise all changes from the original
tariff and are currently in effect as of the date on the bottom of this page.
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* - indicates those pages included with this filing
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.10, l.'t Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.3
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
TABLE OF CONTENTS
Description Page Number
Explanation of Symbols ..............6
Section
Section 1- Definition of Terms ....................9
Section 2 - Undertaking Of The Company ..................112.1 General ............112.2 Description of Service... ........................112.3 Application for Service ......112.4 Shortage of Equipment or Facilities.............. ...........112.5 Terms and Conditions............. ..............122.6 Liability of the Company ............. ..-......122.7 Notification of Service-Affecting Activities............. ..................152.8 Provision of Equipment and Facilities .....................152.9 Non-routine Installation ........................172.10 Ownership of Facilities ......772.11 Optional rates and Information Provided to the Public ...............L72.12 Continuity of Service .........I7
2.1.3 Governmental Authorizations ...............18
Section 3 - Obligations Of the Customer.. ..................193.1 General ............193.2 Prohibited Uses........... .......203.3 Claims .............21,3.4 Jurisdictional Reporting ........................22
Section 4 - Payment Arrangements ........... ..................244.L Payment for Service ...........244.2 Billing and Collection of Charges............... .............244.3 Advance Payments .............264.4 Discontinuance of Service ....................26
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, 1't Floor
Bedminster, NJ 07921
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.4
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
TABLE OF CONTENTS
Description Pase Number4.5 Cancellation of Application for Service ..................274.6 Changes in Service Requested ..............284.7 Taxes ...............284.8 Disputed Bi11s........... ..........29
Section 5 - Use Of Customer's Service By Others. ........................305.1 Resale and Sharing .............305.2 Joint Use Arrangements................ ........305.3 Transfers and Assignments............ .......30
Section 6 - Cancellation of Service....... ........................31
Section 7 - Notices And Communications ...................32
Section 8 - Customer Equipment And Channels... ........................338.1 General ............338.2 Station Equipment. .............338.3 Interconnection of Facilities.... ..............338.4 Tests and Adjustments................. .........348.5 Inspections. ......34
Section 9 - Allowances for Interruptions In Service................. ........................359.1 General...... ......359.2 No Credit Allowances Will Be Made For... .............35
Section 10 - Application Of Rates.............. ..................3710.1 Distance Based Charges...... ..................37
Section 1l - Special Construction And Special Arrangements ............. ..........3811.1 Special Construction ..........38
L1..2 Basis for Charges ...............3811.3 Basis for Cost Computation......... .........39
1.1.4 Termination Liability .........40
Section 12 - Ordering Options For Switched Access Service .......41tz.L General ............42
12.2 Access Order......... .............43
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, 1't Floor
Bedminster, NJ 07921
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.5
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
TABLE OF CONTENTS
Description Paee Number
Section 13 - Carrier Common Line Service................. ..................4813.1 General Description ...........48I3.2 Limitations ......4813.3 Undertaking of the Company............. ......................48L3.4 Obligations of the Customer ............ ........................4913.5 Determination of Usage Subject to Carrier Common Line Access Charges...... ...............4913.6 Measuring and Recording of Call Detai1......... .........4913.7 Billing of Charges ..............4913.8 Determination of Charges............... ......50
Section 14 - Switched Access Service....... ....................52
1,4.1. General ............521.4.2 Provision and Description of Switched Access Service Agreements ............5214.3 Obligations of Company .......................55L4.4 Obligations of the Customer ............ ........................56
Section 15 - Rates and Charges................. ...................5815.1 Rates for Switched Access Services...... ...................5815.2 Non-routine Installation/lVlaintenance Charges...... .....................6115.3 Individual Case Basis Arrangements................ .......61L5.4 Underbilling................ .......62
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 6
COMPETruVE ACCESS PROVIDER SERVICES TARIFF
EXPI"ANATION OF SYMBOLS
The following symbols shall be used in this Tariff for the purposes indicated below.
(C) To signify changed listing, rule, or condition which may affect rates or changes.
(D) To signify discontinued material, including listing, rate, rule or condition.
(D To signify an increase.
(L) To signify material relocated from or to another part of Tariff Schedule with no change in
text, rate, rules or conditions.
(N) To signify new materials including listing, rate, rule or condition.
(R) To signify reduction.
(T) To signify change in wording of text but not change in rate, rule or condition.
In addition to symbols for changes, each provision or rate element changed will contain a vertical one line
which will clearly show the exact number of lines being changed.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 7
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
APPLICATION OF TARIFF
This Tariff contains the Regulations and Rates applicable to intrastate Switched Access Services provided
by Company within N. Idaho. Company's Services are furnished subject to the availability of facilities
and subject to the terms and conditions of this Tariff.
The Rates and Regulations contained in this Tariff apply only to the Services furnished by Company and
do not apply, unless otherwise specified, to the lines, facilities, or Services provided by a I-ocal Exchange
Telephone Company or other Common Carrier for use in accessing the Services of Company.
The Customer is entitled to limit the use of Company's Services by end users at the Customer's facilities,
and may use other Common Carriers in addition to or in lieu of Company.
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, 1't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No.3
Original Page No. 8
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
CONCURRING CARRIERS
OneEighty Networks
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 11.0, L't Floor
Bedminster, NJ 0792L
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 9
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 1 _ DEFINITION OF TERMS
Certain terms used generally throughout this Tariff for Communications Services of this Company are
defined below.
Advance Payment: Part or all of a payment required before the start of Service.
Authorized User: A person, firm or corporation which is authorized by the Customer or Joint User to be
connected to the Service of the Customer or Joint User, respectively.
Bit: The smallest unit of information in the binary system of notation.
Commission: Idaho Public Service Commission
Company: BCN Telecom, Inc., the issuer of this Tariff.
Customer: The person, firm or corporation which purchases Service and is responsible for the payment
of charges and compliance with the Company's regulations.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a specific Customer.
End Office: The term "end office" denotes the switching system office or serving wire center where
Customer station loops are terminated for purposed of interconnection to each other and/or to trunks.
Individual Case Basis (ICB): A Service arrangement in which the regulations, rates and charges are
developed based on the specific circumstances of the case.
Interconnect Carrier: Any carrier that connects to Company's network for exchange of communications
traffic.
Joint User: A person, firm or corporation which is designated by the Customer as a user of Services
furnished to the Customer by the Company and to whom a portion of the charges for the Service will be
billed under a Joint User arrangement as specified in the Company's Tariff.
LATA: A Local Access and Transport Area established pursuant to the Modification of Final Judgment
entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or
any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Price
list F.C.C. No.4.
Major Service Interruption: An interruption of Customer Service due to the Company's negligence or
due to its noncompliance with the provisions of this Tariff.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 10
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION I. - DEFINITION OF TERMS
PIU: Percent Interstate Usage
Premises: The space occupied by a Customer, Authorized User or Joint User in a building or buildings or
contiguous property (except railroad rights-of-way, etc.) not separated by a highway.
Recurring Charges: The monthly charges to the Customer for Services, facilities and equipment, which
continue for the agreed upon duration of the Service.
Service Commencement Date: The first day following the date on which the Company notifies the
Customer that the requested Service or facility is available for use, unless extended by the Customer's
refusal to accept Service which does not conform to standards set forth in the Service Order or the Tariffs
of the Company, in which case the Service Commencement Date is the date of the Customer's
acceptance. The Company and Customer may mutually agree on a substitute Service Commencement
Date.
Service Order: The written request for Company Services submitted by the Customer in the format
devised by the Company. The signing of a Service Order by the Customer and acceptance by the
Company initiates the respective obligations of the parties as set forth herein and pursuant to the Tariffs
of the Company, but the duration of the Service is calculated from the Service Commencement Date.
Shared: A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Switched Access Service: Access to the switched network of an Exchange Carrier for the purpose of
originating or terminating communications.
Transmission: The sending of electrical or optical signals over a line to a destination.
User: A Customer, Joint User, or any other person authorized by a Customer to use Service provided to
the Customer under OrbitCom, Inc's Tariff.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, L't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. LL
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 _ UNDERTAKING OF THE COMPAI\Y
2.1 General
2.1.1 The Company does not undertake to transmit messages but offers the use of its facilities for the
transmission of communications.
2.1.2 Customers and Users may use Services and facilities provided under the Tariffs of the Company
to obtain access to Services offered by other companies. The Company is responsible for the
Services and facilities provided under its Tariffs, and for its unregulated Services provided
pursuant to contact, and it assumes no responsibility for any Service (whether regulated or not)
provided by any other entity that purchases access to the Company's network in order to originate
or terminate such entity's own Services, or to communicate with such entity's own Customers.
2.1.3 The Company shall have no responsibility with respect to billings, charges or disputes related to
Services used by the Customer which are not included in the Services herein including, without
limitation, any local, regional or long distance Services not offered by the Company. The
Customer shall be fully responsible for the payment of any bills for such Services and for the
resolution of any disputes or discrepancies with the Service provider.
2.2 Description of Service
OrbitCom, Inc's Service consists of any of the business Services offered pursuant to this Tariff,
either individually or in combination. Each business Service is offered independent of the others,
unless otherwise noted. Service is offered via the Company's facilities or in combination with
transmission facilities provided by other certificated carriers.
Application for Service
Customers desiring to obtain OrbitCom,
Service order form(s).
Shortage of Equipment or Facilities
Inc's Service must complete the Company's standard
2.3
2.4
2.4.r The Company reserves the right to limit or to allocate the use of existing facilities, or of
additional facilities offered by the Company, when necessary because of lack of facilities, or due
to some other cause beyond the Company's control , on a nondiscriminatory basis.
The furnishing of Service under the Tariffs of the Company is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the reasonable capacity of the
Company's facilities as well as facilities the Company may obtain from other carriers to furnish
Service from time to time as required at the sole discretion of the Company.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, l"'t Floor
Bedminster, NJ 07921
2.4.2
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 12
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
2.5
SECTION 2 - UNDERTAKING OF THE COMPAI\Y
Terms and Conditions
2.5.1 Service shall be provided on the basis of a minimum period of at least one (1) year.
2.5.2 Customers may be required to enter into written Service orders which shall contain or reference a
specific description of the Service ordered, the rates to be charged, the duration of the Services,
and the terms and conditions in the Tariffs of the Company. Customers will also be required to
execute any other documents as may be reasonably requested by the Company.
2.5.3 At the expiration of the initial term specified in each Service Order, or in any extension thereof,
Service shall continue on a month-to-month basis at the then current rates unless terminated by
either party. Any termination shall not relieve Customer of its obligation to pay any charges
incurred under the Service order and the Tariffs of the Company prior to termination. The rights
and obligations which by their nature extend beyond the termination of the term of the Service
order shall survive such termination.
2.5.4 In any action between the parties to enforce any provision of the Tariffs of the Company, the
prevailing party shall be entitled to recover its legal fees and court costs from the non-prevailing
party in addition to other relief a court may award.
The Tariffs of the Company shall be interpreted and governed by the laws of the State of South
Dakota without regard for its choice of laws provision.
Liability of the Company
The liability of the Company for damages arising out of the furnishing of its Services, including
but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects,
representations, or use of these Services or arising out of the failure to furnish the Service,
whether caused by acts or omissions, shall be limited to the extension of allowances for
interruption as set forth in Section 9.0, following. The extension of such allowances for
interruption shall be the sole remedy of the Customer and the sole liability of the Company. The
Company will not be liable for any direct, indirect, incidental, special, consequential, exemplary
or punitive damages to Customer or User as a result of any Company Service, equipment or
facilities, or the acts or omissions or negligence of the Company, Company's employees or
agents.
2.5.5
2.6.1
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1" Floor
Bedminster, NJ 07921
2.6
Issued:
lssued by:
Effective:
2.6.4
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. L3
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 - UNDERTAI(NG OF THE COMPAI\Y
2.6 Liability of the Company (Continued)
2.6.2 The Company shall not be liable for any delay or failure of performance or equipment due to
causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other
catastrophes; any law, order, regulation, direction, action, or request of the United States
Government, or of any other government, including state and local governments having or
claiming jurisdiction over the Company, or any department, agency, commission, bureau,
corporation, or other instrumentality of any one or more of these federal, state or local
governments, or of any civil or military authority, national emergencies, insurrections, riots, wars,
unavailability of rights-of-way or materials, or strikes, lockouts, work stoppages, or other labor
difficulties.
2.6.3 The Company shall not be liable for any act or omission of any entity furnishing to the Company
or to the Company's Customers or Users facilities or equipment used for or with the Services the
Company offers.
The Company shall not be liable for any damages or losses due to the fault or negligence of the
Customer or User or due to the failure or malfunction of Customer or User-provided equipment
or facilities.
2.6.5 The Company does not guarantee nor make any warranty with respect to installations it provides
for use in an explosive atmosphere. The Customer shall indemnify and hold the Company
harmless from any and all loss, claims, demands, suits, or other action, or any liability
whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and
for any loss, damage, or destruction of any property, whether owned by the Customer or others,
caused or claimed to have been caused directly or indirectly by the installation, operation, failure
to operate, maintenance, removal presence, condition, location, or use of any installation so
provided.
2.6.6 The Company reserves the right to require each Customer to sign an agreement acknowledging
acceptance of the provisions of this paragraph as a condition precedent to such installations.
2.6.7 The Company is not liable for any defacement of or damage to Customer or User premises
resulting from the furnishing of Services or equipment on such premises or the installation or
removal thereof, unless such defacement or damage is caused by negligence or willful
misconduct of the Company's agents or employees.
Richard M. Boudria, President
BCN TELECOM, TNC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. L4
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 _ UNDERTAKING OF THB COMPAI\Y
2.6 Liability of the Company (Continued)
2.6.8 The entire liability for any claim. loss, damage or expense from any cause whatsoever shall in no
event exceed sums actually paid the Company by Customer for the specific Services giving rise
to the claim. No action or proceeding against the Company shall be commenced more than one
year after the Service is rendered, or as required by South Dakota law.
2.6.9 The Company shall not be liable for any damages or losses due to the fault or negligence of the
Customer or due to the failure or malfunction of Customer provided equipment or facilities.
2.6.10 The Company shall not be liable for any damages resulting from delays in meeting any Service
dates due to delays resulting from normal construction procedures. Such delays shall include, but
not be limited to, delays in obtaining necessary regulatory approvals for construction, delays in
obtaining righrof-way approvals and delays in actual construction work.
2.6.11 The Company shall not be liable for any damages whatsoever to property resulting from the
installation, maintenance, repair or removal of equipment and associated wiring unless the
damage is caused by the Company's willful misconduct or negligence.
2.6.12 THE COMPANY MAKES NO WARRANTTES OR REPRESENTATTONS, EXPRESS OR
IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICUI.AR USE, EXCEPT THOSE EXPRESSLY SET FORTH IN ITS
TARIFFS.
2.6.13 The Company shall not be liable for any damages whatsoever associated with Service, facilities,
or equipment which the Company does not furnish or for any act or omission of Customer or any
other entity furnishing Services, facilities or equipment used for or in conjunction with OrbitCom,
Inc's.
2.6.14 The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law. Acceptance
for filing by the Commission recognizes that it is a 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.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
2.7
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. L5
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 - UNDERTAKING OF THE COMPANY
Notification of Service Affecting Activities
To the extent possible, the Company will provide the Customer reasonable notification of
Service-affecting activities that may occur in normal operation of its business. Such activities
may include, but are not limited to, equipment or facilities additions, removals or rearrangements
and routine preventative maintenance. Generally, such activities are not specific to an individual
Customer but affect many Customers' Services. No specific advance notification period is
applicable to all Service activities. The Company will work cooperatively with the Customer to
determine the reasonable notification requirements. With some emergency or unplanned Service-
affecting conditions, such as an outage resulting from cable damage, notification to the Customer
may not be possible.
2.8 Provision of Equipment and Facilities
2.8.1, All Services along the facilities between the point identified as the Company's origination point
and the point identified as the Company's termination point will be furnished by the Company, its
agents or contractors.
2.8.2 The Company may undertake to use reasonable efforts to make available Services to a Customer
on or before a particular date, subject to the provisions of and compliance by the Customer with,
the regulations contained in this Tariff.
2.8.3 The Company undertakes to use reasonable efforts to maintain only the facilities and equipment
that it furnishes to the Customer. The Customer, Joint User, or Authorized User may not, nor may
they permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with
any of the facilities or equipment installed by the Company, except upon the written consent of
the Company.
Equipment the Company provides or installs at the Customer's premises for use in connection
with the Services the Company offers shall not be used for any purpose other than that for which
the Company provided the equipment.
The Customer shall be responsible for the payment of Service charges as set forth herein for visits
by the Company's agents or employees to the premises of the Customer, Joint User, or
Authorized User when the Service difficulty or trouble report results from the use of equipment
or facilities the Customer, Joint User, or Authorized User provided.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.L0, L't Floor
Bedminster, NJ 07921
2.8.4
2.8.5
Issued:
Issued by:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 16
COMPETITVE ACCESS PROVIDER SERVTCES TARIFF
SBCTION 2 _ UNDERTAKING OF THE COMPANY
2.8 Provision of Equipment and Facilities (Continued)
2,8.6 The Company shall not be responsible for the installation, operation, or maintenance of any
Customer provided communications equipment. Where such equipment is connected to the
facilities furnished pursuant to this Tariff, the responsibility of the Company shall be limited to
the furnishing of facilities offered under this Tariff and to the maintenance and operation of such
facilities; subject to this responsibility the Company shall not be responsible for:
2.8.6.1 the transmission of signals by Customer provided equipment or for the quality of, or
defects in, such transmission; or
2.8.6.2 the reception of signals by Customer provided equipment. The Customer Authorized
User, or Joint User is responsible for ensuring that Customer provided equipment
connected to Company equipment and facilities is compatible with such Company
equipment and facilities. The magnitude and character of the voltages and currents
impressed on Company provided equipment and wiring by the connection, operation,
or maintenance of such equipment and wiring shall be such as not to cause damage to
the Company provided equipment and wiring or injury to the Company's employees or
to other persons. Customer will submit to Company a complete manufacturer's
specification sheet for each item of equipment that is not provided by the Company and
which shall be attached to the Company's facilities. The Company shall approve the
use of such item (s) of equipment unless such item is technically incompatible with
Company's facilities. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer's expense.
2.8.7 Any special interface equipment necessary to achieve compatibility between the facilities and
equipment of the Company used for furnishing OrbitCom, Inc's Services and the channels,
facilities, or equipment of others shall be provided at the Customer's expense.
2.8.8 The Company may be connected to the Services or facilities of other communications carriers
only when authorized by, and in accordance with, the terms and conditions of the Tariffs of the
other communications carrier which are applicable to such connections.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
2.9
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. L7
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 - UNDERTAKING OF THE COMPANY
Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours and/or in hazardous locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company will apply.
If installation is started during regular business hours, but at the Customer's request, extends
beyond regular business hours into time periods including, but not limited to, weekends, holidays,
and/or night hours, additional charges may apply.
2.10 Ownership of Facilities
Title to all facilities provided in accordance with the Tariffs of the Company remains with the
Company, its agents or contractors. The Customer shall not have, nor shall it assert, any right,
title or interest in all the fiber optic or other facilities and associated equipment provided by the
Company hereunder.
2.ll Optional Rates and Information Provided to the Public
The Company will promptly advise Customers who may be affected of new, revised or optional
rates applicable to their Service. Pertinent information regarding the Company's Services, rates
and charges shall be provided directly to Customers, or shall be available for inspection at the
Company's local business address. If required by the Commission, the Company will cause to
have published a notice of its intention to charge its rates, tolls, charges, rules and regulations in
one or more newspapers in circulation in the affected area.
2.12 Continuity of Service
In the event of prior knowledge of an interruption of Service for a period exceeding one day, the
Customers will, if feasible, be notified in writing, by mail, at least one week in advance.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 0792L
lssued:
lssued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 18
COMPETTTVE ACCESS PROVIDER SERVICES TARIFF
SECTION 2 - UNDERTAKING OF THE COMPANY
2.13 GovernmentalAuthorizations
The provision of Services is subject to and contingent upon the Company obtaining and retaining
such approvals, consents, governmental authorizations, licenses and permits, as may be required
or be deemed necessary by the Company. The Company shall use reasonable efforts to obtain and
keep in effect all such approvals, consents, authorizations, licenses and permits that may be
required to be obtained by it. The Company shall be entitled to take, and shall have no liability
whatsoever for, any action necessary to bring the Services into conformance with any rules,
regulations, orders, decisions, or directives imposed by the Federal Communications Commission
or other applicable agency, and the Customer shall fully cooperate in and take such action as may
be requested by the Company to comply with any such rules, regulations, orders, decisions, or
directives.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.1.0, L't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
3.1
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 19
COMPETITVE ACCESS PROVIDER SERVICES TARTFT.
SECTION 3 - OBLIGATIONS OF THE CUSTOMER
General
The Customer shall be responsible for:
3.1.1 the payment of all applicable charges pursuant to the Tariffs of the Company;
3.1.2 damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer or of any User; or by the noncompliance by the Customer or
any User with these regulations; or by fire or theft or other casualty on the Customer's or
any User's premises, unless caused by the negligence or willful misconduct of the
employees or agents of the Company;
3.1.3 providing at no charge, as specified from time to time by the Company, any needed
personnel, equipment space and power to operate the Company facilities and equipment
installed on the premises of the Customer or any User; and the level of heating and air
conditioning necessary to maintain the proper operating environment on such premises;
3.1.4 any and all costs associated with obtaining and maintaining of the rights-of-way from the
point of entry at the Customer's location to the termination point where Service is finally
delivered to the Customer, including, but not limited to, the costs of installing conduit or
of altering the structure to permit installation of Company provided facilities. The
Customer's use of such rights-of-way shall in all respects be subject to the terms,
conditions and restrictions of such rights-of-way and of agreements between the
Company and such third parties relating thereto, including without limitation, the
duration applicable to and the condemnation of such rights-of-way, and shall not be in
violation of any applicable governmental ordinance, law, rule, regulation or restriction.
Where applicable, the Customer agrees that it shall assist the Company in the
procurement and maintenance of such right-of-way. The Company may require the
Customer to demonstrate its compliance with this section prior to accepting an order for
Service:
3.1.5 providing a safe place to work and complying with all laws and regulations regarding the
working conditions on the premises at which the Company's employees and agents shall
be installing or maintaining the Company's facilities and equipment within a hazardous
area if, in the Company's opinion, injury or damage to the Company's employees or
property might result from installation or maintenance by the Company;
3.1.6 identifying, monitoring, removing and disposing of any hazardous material (e.g. friable
asbestos) prior to any construction or installation work;
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921.
Issued:
lssued by:
Effective:
3.1
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 20
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
3.2.1
SECTION 3 - OBLIGATIONS OF THE CUSTOMER
General (Continued)
3.1.7 complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of the
Company's facilities and equipment in any Customer or User premises or the rights-of-
way for which the Customer is responsible under Section 3.1.4; and granting or obtaining
permission for the Company's agents or employees to enter the premises of the Customer
or any User at any time for the purpose of installing, inspecting, maintaining, repairing,
or upon termination of Service as stated herein, removing the facilities or equipment of
the Company;
3.1.8 not creating or allowing to be placed any liens or other encumbrances on the Company's
equipment or facilities; and
3.f.9 making the Company's facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance will
be made for the period during which Service is interrupted for such purposes.
Prohibited Uses
The Services the Company offers shall not be used for any unlawful purpose or for any use as to
which the Customer has not obtained all governmental approvals authorizations, licenses,
consents and permits required to be obtained by the Customer with respect thereto.
The Company may require applicants for Service who intend to use the Company's offerings for
resale and/or for shared use to file a letter with the Company confirming that their use of the
Company's offerings complies with relevant laws and Commission regulations, policies, orders
and decisions.
The Company may, without obtaining any further consent from the Customer, assign any rights,
privileges, or obligations under this Tariff. The Customer shall not, without prior written consent
of the Company, assign, transfer, or in any other manner dispose of, any of its rights, privileges,
or obligations under this Tariff, and any attempt to make such an assignment, transfer, disposition
without such consent shall be null and void.
The Company may require a Customer to immediately shut down its transmission of signals if
said transmission is causing interference to others.
3.2.2
3.2.3
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, 1't Floor
Bedminster, NJ 07921
3.2
3.2.4
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 21
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 3 _ OBLIGATIONS OF THE CUSTOMER
3.2 Prohibited Uses (Continued)
3.2.5 A Customer may not use the Services so as to interfere with or impair Service over any facilities
and associated equipment, or so as to impair the privacy of any communications over such
facilities and associated equipment.
3.2.6 Customer use of any resold Service obtained from other Service providers shall also be subject to
any applicable restrictions imposed by the underlying providers.
3.2.7 A Customer, Joint User, or Authorized User shall not represent that it's Services are provided by
the Company, or otherwise indicate to its Customers that its provision of Services is jointly with
the Company, without the written consent of the Company. The relationship between the
Company and Customer shall not be that of partners or agents for one or the other, and shall not
be deemed to constitute a partnership or agency agreement.
3.3 Claims
With respect to any Service or facility provided by the Company, Customer shall indemnify,
defend and hold harmless the Company from and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attorneys' fees for:
33.f any loss, destruction or damage to property of the Company or any third party, or the
death or injury to persons, including, but not limited to, employees or invitees of either
party, to the extent caused by or resulting from the negligent or intentional act or
omission of the Customer or User or their employees, agents, representatives or invitees;
3.3.2 any claim, loss, damage, expense or liability for infringement of any copyright, patent,
trade secret, or any proprietary or intellectual property right of any third party, arising
from any act or omission by the Customer or User, including without limitation, use of
the Company's Services and facilities in a manner not contemplated by the agreement
between Customer and the Company; or
3.3.3 any claim of any nature whatsoever brought by a User with respect to any matter for
which the Company would not be directly liable to the Customer under the terms of the
applicable Company Tariff.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 11.0, l.'t Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 22
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 3 _ OBLIGATIONS OF THE CUSTOMER
3.4 Jurisdictional Reporting
When the Company receives sufficient call detail to determine the jurisdiction of some or all
originating and terminating access minutes of use (MOU), the Company will use that call detail to
render bills for those MOU and will not use PIU factors. When the Company receives insufficient
call detail to determine the jurisdiction of some or all originating and terminating access MOU,
the Company will apply PIU factor(s) provided by the Customer or developed by the company to
those minutes for which the Company does not have sufficient call detail. PIU factor(s) must be
provided in whole numbers and will be used by the Company to apportion use and/or charges
between interstate and intrastate jurisdictions until Customer provides an update to its' PIU
factor(s).
3.4,1 Originating Access: Originating Access Minutes may be based on traffic originating at the State,
LATA or local Switching Center level, provided that the traffic being measured is only traffic
originating from the Company's Local Switching Center(s). Originating Access Minutes will be
measured as follows, based on type of access:
3.4.1.1 For Feature group D Switched Access Services, as defined in Section L4.2.L, where the
Company can determine jurisdiction by its call detail, the projected PIU will be
developed by the Company on a quarterly basis by dividing the measured interstate
originating minutes by the total Originating Access Minutes.
3.4.1.2 For Feature Group D with 950 Access as defined in Section 14.2.'1, the Customer must
provide the Company with a projected PIU factor by supplying the Company with an
interstate percentage of Originating Access Minutes.
3.4.1.3 For 500, 700, 8XX, calling card and operator Service access, the Customer must
provide the Company with a projected PIU factor for each type of access. The
Customer who provides a PIU factor shall supply the Company with an interstate
percentage of Originating Access Minutes.
3.4.1.4 If no PIU for originating minutes is submitted as specified herein, then the projected
PIU will be set on a default basis of. 32 percent interstate traffic and 68 percent
intrastate traffic.
3.4.2 Terminating Access: For Feature Group D Switched Access Services, the Customer must
provide the Company with a projected PIU factor by supplying the Company with an interstate
percentage of Terminating Access Minutes on a quarterly basis, as described in Section 3.4.4
below. If no projected PIU factor is submitted by the Customer, then the projected PIU will be set
on a default basis.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1" Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
3.4
3.4.4
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.23
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
3.4.3
SECTION 3 _ OBLIGATIONS OF THE CUSTOMER
Jurisdictional Reporting (Continued)
Except where the Company measured access minutes are used as set forth in 3.4.1 above, the
Customer reported projected PIU factor as set forth above will be used until the Customer reports
a different projected PIU factor, as set forth below. The revised report will serve as the basis for
future billing and will be effective on the next bill date.
Effective on the first day of January, April, July and October of each year the Customer shall
update its interstate and intrastate jurisdictional report. The Customer shall forward to the
Company, to be received no later than 15 days after the first day of such month, a revised report
showing the interstate and intrastate percentage of use for the past three months ending the last
day of December, March, June and September, respectively, for each Service arranged for
interstate use, based solely on the traffic originating from or terminating to the Company Local
Switching Center. The revised report will serve as the basis for the next three months billing and
will be effective on the bill date for that Service. If the Customer does not supply the reports for
those Services where reports are needed, the Company will assume the percentage to be the same
as that provided previously. For those cases in which a quarterly report has never been received
from the Customer, the Company will assume the percentages to be the same as those provided in
the Access Service Request.
Jurisdictional Reports Verification: For Switched Access Service, if a billing dispute arises or
the Commission questions the project PIU factor, the Customer will provide the data used to
determine the projected PIU factor. The Customer will supply the data within 30 days of the
Company request.
The Customer shall keep records of call detail from which the percentage a interstate and
intrastate use can be ascertained and, upon request of the Company shall make the records
available for inspection as reasonably necessary for purposes of verification of the percentages.
The Company reserves the right to conduct an audit at any time during the year. The Customer, at
its own expense, has the right to retain an independent auditing firm.
3.4.s
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
4.1
4.2
4.2.1
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 24
COMPETITVE ACCESS PROVIDER SERVICES TARIFI.
4.2.2
SECTION 4 _ PAYMENT ARRANGEMBNTS
Payment for Service
The Customer is responsible for the payment of all charges for facilities and Services furnished
by the Company to the Customer and to all Users authorized by the Customer, regardless of
whether those Services are used by the Customer itself or are resold or shared with other persons.
Billing and Collection of Charges
Nonrecurring charges are due and payable within 30 days after the date an invoice is mailed to
the Customer by the Company.
The Company shall present invoices for Recurring Charges monthly to the Customer, in advance
of the month in which Service is provided, and recurring Charges shall be due and payable within
30 days after the invoice is mailed.
Charges based on measured usage will be included on the next invoice rendered following the
end of the month in which the usage occurs, and will be due and payable within 30 days after the
invoice is mailed.
4.2.3
4.2.4 When Service does not begin on the first day of the month, or end on the last day of the month,
the charge for the fraction of the month in which Service was furnished will be calculated on a
pro-rata basis. For this purpose, every month is considered to have 30 days.
4.2.5 Billing the Customer by the Company will begin on the Service Commencement Date, which is
the first day following the date on which the Company notifies the Customer that the Service or
facility is available for use, except that the Service Commencement Date may be postponed by
mutual agreement of the parties, or if the Service or facility does not conform to standards set
forth in the Tariffs of the Company or the Service Order. Billing accrues through and includes the
day that the Service, circuit, arrangement or component is discontinued.
4.2.6 With respect to Business Customers only, if any portion of the payment is received by the
Company after the date due, or if any portion of the payment is received by the Company in funds
which are not immediately available, then a late payment penalty shall be due to the Company.
The late payment penalty shall be the portion of the payment not received by the date due, net of
taxes, not compounded, multiplied by a monthly late factor of 1,.5%.
4.2.7 For any check returned to the Company due to insufficient funds, uncollected funds, or closed
account, a $25.00 fee will be assessed per check returned.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, L't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 25
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 4 - PAYMENT ARRANGEMENTS
4.2.8 Ordering, Rating and Billing of Access Services where more than one exchange carrier is
involved will be handled as follows:
All recurring and non-recurring charges for Services provided by each Exchange Carrier are
billed under each Company's applicable Tariffs. Under a Meet Point Billing Arrangement, the
Company will bill for charges for traffic carrier between the Company Local Switching Center
and the End User and for the portion of any transport facilities provided by the Company between
the Customer's location and the Company's local switching center.
The multiple billing arrangement described in this section is subject to the provisions of the
Multiple Exchange Carrier Access Billing Guidelines (MECAB) and the Multiple Exchange
Carrier Ordering and Design Guidelines (MECOD).
The Company must notify the Customer of: 1) the meet point option that will be used; 2) the
Carrier(s) that will render the bill(s); 3) the Carrier(s) to whom payment should be remitted; and
4) the Carrier(s) that will provide the bill inquiry function. The Company shall provide such
notification at the time orders are placed for Switched Access Service. Additionally, the
Company shall provide this notice in writing L5 days in advance of any changes in the
arrangement.
The Company will handle the ordering, rating and billing of Switched Access Services under this
Tariff where more than one Exchange Carrier is involved in the provision of Switched Access
Services as follows:
4.2.8.1 The Company must receive an order for Feature Group D (FGD) Switched Access
Service, as defined herein, ordered to the Company's Local Switching Center through a
switch operated by another Exchange Center.
4.2.8.2 In addition, for FGD Switched Access Service ordered to the Company's Local
Switching Center through a switch operated by another Exchange Carrier with whom
the Company has an agreement, the Customer may be required to submit an order as
specified by the Exchange Carrier which operates the switch.
4.2.8.3 Separate bills will be rendered by the Exchange Carrier for FGD Access Service.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
4.2
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 26
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 4 - PAYMENT ARRANGEMENTS
Billing and Collection of Charges (Continued)
4.2.8.4 Rating and Billing of Service: Each Company will provide its portion of Access
Service based on the Regulations, Rates and Charges contained in its respective
Switched Access Service Tariff, subject to the following rules, as appropriate:
4.2.8.4.(a) The application of non-distance sensitive rate elements varies according
to the rate structure and the location of the facilities involved;
4.2.8.4.(a).i when rates and charges are listed on a per minute basis, the
Company's rates and charges will apply to traffic
originating from the Customer's Premises and terminating
at the End User's Premises, and vice versa.
4.3 Advance Payments
4.3.1 To safeguard its interests, the Company may require a Business Customer to make an advance
payment before Services and facilities are furnished. The advance payment will not exceed an
amount equal to the nonrecurring charge(s) and the first month's estimated recurring charges for
the Service or facility. In addition, where special construction is involved, the advance payment
may also include an amount equal to the estimated nonrecurring charges for the special
construction and recurring charges (if any) for a period to be set between the Company and the
Customer. The advance payment will be credited to the Customer's initial bill and may be
required in addition to a deposit.
4.3.2 A Customer whose Service has been discontinued for nonpayment of bills will be required to pay
the unpaid balance due carrier and may be required to pay reconnect charges.
4.4 Discontinuance of Service
Upon nonpayment of any amounts owing to the Company, the Company may, by giving ten (10)
days prior written notice to the Customer, discontinue or suspend Service without incurring any
liability.
Upon violation of any of the other material terms or conditions for furnishing Service the
Company may, by giving ten (10) days prior notice in writing to the Customer, discontinue or
suspend Service without incurring any liability if such violation continues during that period.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 11.0, L't Floor
Bedminster, NJ 07921
4.4.1
4.4.2
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 27
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
4.4
SECTION 4 _ PAYMENT ARRANGEMENTS
Discontinuance of Service (Continued)
4.4.3 Upon condemnation of any material portion of the facilities used by the Company to provide
Service to a Customer, or if a condition immediately dangerous or hazardous to life, physical
safety or property exists, or if a casualty renders all or any material portion of such facilities
inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or
suspend Service without incurring any liability.
4.4.4 Upon the Customer's insolvency, assignment for the benefit of creditors, filing for bankruptcy or
reorganization, or failing to discharge an involuntary petition within the time permitted by law,
the Company may immediately require a deposit without incuning any liability.
4.4.5 Upon any governmental prohibition or required alteration of the Services to be provided or any
violation of an applicable law or regulation, the Company may immediately discontinue Service
without incurring any liability.
4.4.6 Upon the Company's discontinuance of Service to the Customer under paragraphs 4.5.1 or 4.5.2,
the Company, in addition to all other remedies that may be available to the Company at law or in
equity or under any other provision of the Tariffs of the Company, may declare all future monthly
and other charges which would have been payable by the Customer during the remainder of the
minimum term for which such Services would have otherwise been provided to the Customer to
be immediately due and payable (discounted to present value at six percent (6%).
4.4.7 Any Customer or Applicant for Service requesting the opportunity to dispute any action or
determination of company under the Commission's Customer Service shall be given an
opportunity for a supervisory review by the Company immediately following Customer's request
for such review. Service will not be disconnected pending completion of the review.
4.5 Cancellation of Application for Service
4.5.1 Applications for Service are non-cancelable unless the Company otherwise agrees. Where the
Company permits the Customer to cancel an Application for Service prior to the start of Service
or prior to any special construction, no charges will be imposed except for those specified below.
4.5.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the
Service or in preparing to install the Service that it otherwise would not have incurred, a charge
equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this
charge exceed the sum of the charge for the minimum period of Services ordered, including
installation charges, and all charges others levy against the Company that would have been
chargeable to the Customer had Service begun (all discounted to present value at six percent
(6%).
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
4.5
4.s.3
4.5.4
4.6
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 28
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 4 _ PAYMENT ARRANGBMENTS
Cancellation of Application for Service (Continued)
Where the Company incurs any expense in connection with special construction, or where special
arrangements of facilities or equipment have begun, before the Company receives a cancellation
notice, a charge equal to the costs incurred, less net salvage, applies. In such cases, the charge
will be based on such elements as the cost of the equipment, facilities, and material, the cost of
installation, engineering, labor and supervision, general and administrative expense, other
disbursements, depreciation, maintenance, taxes, provision for return on investment, and any
other costs associated with the special construction or arrangements.
The special charges described in paragraphs 4.6.1. through 4.6.3, above, will be calculated and
applied on a case-by-case basis.
Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, Service parameters, premises locations, or otherwise materially modifies any
provision of the application for Service, the Customer's installation fee shall be adjusted
accordingly.
Taxes
The Customer is responsible for the payment of Federal excise taxes, gross receipts, a@ess, state
and local sales and use taxes and all taxes, fees, surcharges (however, designated) and other
exactions imposed on the Company or its Services by governmental jurisdictions, other than
taxes, imposed generally on corporations. Any taxes imposed by a local jurisdiction (e.g. county
and municipal taxes) will only be recovered from those Customers residing in the affected
jurisdictions. All such taxes, fees and charges shall be separately designated on the Company's
invoices, and are not included in the Tariffed rates. It should be the responsibility of the Customer
to pay any such taxes that subsequently become applicable retroactively.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.10, l't Floor
Bedminster, NJ 07921
4.7
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No.3
Original Page No. 29
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 4 - PAYMENT ARRANGEMENTS
4.8 Disputed Bills
The Customer may dispute a bill only by written notice to the Company. Written dispute must be
received by the company within 60 days of the payment due date. If a written dispute is not
received by the Company within 60 days of the payment date, the bill statement shall be deemed
to be correct and considered due and payable in full by Customer.
The Company, upon receiving a written dispute will investigate the merits of the dispute. Upon
completion of its investigation, the Company will provide written notice to the customer
regarding the disposition of the claim, i.e., resolved in favor of the Customer or resolved in favor
of the Company. The Company will resolve the dispute and assess credits or penalties to the
customer as follows:
' If the dispute is resolved in favor of the Company and the customer has paid the disputed
amount on or before the payment due date, no credits or penalties will apply.
' If the dispute is resolved in favor of the Company and the customer has withheld the disputed
amount, any payments withheld pending settlement of the dispute shall be subject to the late
payment penalty as set forth in 4.2.6. preceding.
' If the dispute is resolved in favor of the customer and the customer has withheld the disputed
amount, no credits or penalties will apply.
' If the dispute is resolved in favor of the customer and the customer has paid the disputed
amount, the customer will receive an interest credit from the Company for the disputed
amount times a late factor. The late factor shall be the lesser ot
- the highest interest rate which may be levied by law for commercial transactions,
compounded daily, or
- 0.000292per day, compounded daily for the applicable number of days
Issued:Effective:
lssued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l't Floor
Bedminster, NJ 07921
5.1
5.2
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.30
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 5 - USE OF CUSTOMER'S SERVICE BY OTHERS
Resale and Sharing
Any Service provided under the Company Tariffs may be resold to or shared with other persons
at the option of Customer, except as provided in 5.3 following. Customer remains solely
responsible for all use of Services ordered by it or billed to its telephone number(s) pursuant to
the Tariffs of the Company, for determining who is authorized to use its Services, and for
notifying the Company of any use. Business rates apply to all Service that is resold or shared.
Joint Use Arrangements
Joint Use Arrangements will be permitted for all Services available for resale and sharing
pursuant to the Company Tariffs. From each Joint Use Arrangement, one member will be
designated as the Customer responsible for the manner in which the joint use of the Service will
be allocated. The Company will accept orders to start, rearrange, relocate, or discontinue Service
only from the Customer. Without affecting the Customer's ultimate responsibility for payment of
all charges for the Service, each Joint User shall be responsible for the payment of the charges
billed to it.
5.3 Transfers and Assignments
5.3.1 Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the Services and facilities provided by the Company without the written consent of the other
party and any appropriate authorizations, if necessary, except that the Company may assign its
rights and duties (a) to any subsidiary, parent company or affiliate of the Company, (b) pursuant
to any sale or transfer of substantially all the assets of the Company; or (c) pursuant to any
financing, merger or reorganization of the Company.
5.3.2 If a Customer cancels a Service Order or terminates Services before the completion of the term
for any reason whatsoever, other than a Major Service Interruption, Customer agrees to pay the
Company the following sums within 21 days of the effective date of the cancellation or
termination to be payable under the terms set forth in Section 4 preceding: all costs, fees and
expenses reasonably incurred in connection with:
5.3.2.1 All nonrecurring charges as specified in the Company's Tariffs, plus
5.3.2.2 Any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of Customer, plus
5.3.2.3 All Recuning Charges specified in the applicable Company Tariff for the balance of
the current term.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.31
COMPETMVE ACCESS PROVIDER SERVICES TARIFF
SECTION 6 - CANCELI.ATION OF SERVICE
Reserved for Future Use.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
7.1
7.2
7.3
7.4
BCN TELBCOM,INC.Idaho Price List No. 3
Original Page No.32
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 7 - NOTICES AND COMMUNICATIONS
The Customer shall designate on the Service Order an address to which the Company shall mail
or deliver all notices and other communications, except that Customer may also designate a
separate address to which the Company's bills for Service shall be mailed.
The Company shall designate on the Service Order an address to which the Customer shall mail
or deliver all notices and other communications, except that the Company may designate a
separate address on each bill for Service to which the Customer shall mail payment on that bill.
All notices or other communications required to be given pursuant to the Tariffs of the Company
will be in writing. Notices and other communications of either party, and all bills mailed by the
Company, shall be presumed to have been delivered to the other party on the third business day
following placement of the notice, communication or bill with the U.S. Mail or a private delivery
Service, prepaid and properly addressed, or when actually received or refused by the addressee,
whichever occurs first.
The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for giving
notice set forth herein.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1" Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
8.1
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 33
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 8 _ CUSTOMER EOUIPMENT AND CIIANNELS
General
A User may transmit or receive information or signals via the facilities of the Company. The
Company's Services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in the Tariffs of the Company. A User may transmit any form
of signal that is compatible with the Company's equipment, but except as otherwise specifically
stated in its Tariffs, the Company does not guarantee that its Services will be suitable for
purposes other than voice-grade telephonic communication.
8,2 Station Equipment
8.2.1 Terminal equipment on the User's Premises and the electric power consumed by such equipment
shall be provided by and maintained at the expense of the User. The user is responsible for the
provision of wiring or cable to connect its terminal equipment to the Company's Point of
Connection.
8.2.2 The Customer is responsible for ensuring that Customer-provided equipment connected to the
Company equipment and facilities is compatible with such equipment and facilities. The
magnitude and character of the voltages and currents impressed on Company-provided equipment
and wiring by the connection, operation, or maintenance of such equipment and wiring shall be
such as not to cause damage to Company-provided equipment and wiring or injury to the
Company's employees or to other persons. Any additional protective equipment required to
prevent such damage or injury shall be provided by the Company at the Customer's expense.
8.2.3 Customer provided station equipment may be attached to Services provided under the Tariffs of
the Company subject to Part 68 of the FCC Rules and to any applicable provisions of the Tariffs
of the Company and is the sole responsibility of the Customer.
8.2.4 The Company is not responsible for malfunctions of Customer-owned telephone sets or other
Customer-provided equipment, or for misdirected calls, disconnects or other Service problems
caused by the use of Customer-owned equipment.
8.3 Interconnection of Facilities
8.3.1 Any special interface equipment necessary to achieve compatibility between the facilities and
equipment of the Company used for furnishing communications Services and the channels,
facilities, or equipment of others shall be provided at the Customer's expense.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
8.3
8.3.2
8.3.3
8.4
8.5
8.5.1
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.34
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
8.s.2
SECTION 8 _ CUSTOMER EOUIPMENT AND CHANNELS
Interconnection of Facilities (Continued)
Communications Services may be connected to the Services or facilities of other communications
carriers only when authorized by, and in accordance with, the terms and conditions of the Tariffs
of the other communications carriers which are applicable to such connections.
Facilities furnished under the Tariffs of the Company may be connected to Customer provided
terminal equipment in accordance with the provisions of the Tariffs of the Company. AII such
terminal equipment shall be registered by the Federal Communications Commission pursuant to
Part 68 Title 47, Code of Federal Regulations; and all User provided wiring shall be installed and
maintained in compliance with those regulations.
Tests and Adjustments
Upon suitable notice the Company may make such tests, adjustments, and inspections as may be
necessary to maintain the Company's facilities in satisfactory operating condition. No.
interruption allowance will be credited to the Customer for the period during which the Company
makes such tests, adjustments, or inspections.
Inspections
Upon suitable notification to the Customer, and at a reasonable time, the Company may make
such tests and inspections as may be necessary to determine that the User is complying with the
requirements set forth in Section 2.8 for the installation, operation, and maintenance of Customer-
provided facilities and equipment to Company-owned facilities and equipment.
If the protective requirements for Customer-provided equipment are not being complied with, the
Company may take such action as it deem necessary to protect its facilities, equipment, and
personnel. The Company will notify the Customer promptly if there is any need for further
corrective action. Within ten days of receiving this notice, the Customer must take this corrective
action and notify the Company of the action taken. If the Customer fails to do this, the Company
may take whatever additional action is deemed necessary, including the suspension of Service, to
protect its facilities, equipment and personnel from harm.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 35
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
9.1
SECTION 9 - ALLOWANCES FOR INTERRUPTIONS IN SERVICE
General
9.1.1 Interruptions in Service, which are not due to the negligence of or noncompliance with the
provisions of the Tariffs of the Company, by the Customer or of an Authorized or Joint lJser, or
the operation or malfunction of the facilities, power or equipment provided by the Customer, will
be credited to the Customer as set forth below for the part of the Service that the interruption
affects.
9.L.2 A credit allowance will be made when an interruption occurs because of a failure of any
component furnished by the Company under its Tariffs. An interruption period begins when the
Customer reports a Service, facility or circuit is interrupted and releases it for testing and repair.
An interruption period ends when the Service, facility or circuit is operative. If the Customer
reports a Service, facility or circuit to be inoperative but declines to release it for testing and
repair, it is considered to be impaired, but not interrupted.
9.1.3 For calculating credit allowances, every month is considered to have 30 days. A credit allowance
is applied on a pro-rata basis against the rates specified hereunder and is dependent upon the
length of the interruption. Only those facilities on the interrupted portion of the circuit will
receive a credit.
9.1.4 For Switched Access Service, no credit will be allowed for an interruption of less than 24 hours.
After the first 24-hour period, a credit equal to l/30 of the applicable recurring transport charges
will be applied to each interruption which is in excess of 12 hours and up to 24 hours.
Interruptions owner 24 hours and less than 72 hours will be credited 115 day for each 3-hour
period or fraction thereof. No more than one full day's credit will be allowed for any period of 24
hours.
Interruptions over 72 hours will be credited 2 days for each full 24-hour period. No more than 30
days credit will be allowed for any one-month period.
No credit allowances will be made for:
9,2.1 interruptions due to the negligence of, or noncompliance with the provisions of the Tariffs of the
Company, by the Customer, User, or other common carrier providing Service connected to the
Service of the Company;
9.2.2 interruptions due to the negligence of any person other than the Company, including but not
limited to the Customer or other common carriers connected to the Company's facilities;
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
9.2
lssued
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 36
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
9.2
9.2.3
SECTION 9 _ ALLOWANCES FOR INTERRUPTIONS IN SERVICE
No credit allowances will be made for (Continued)
interruptions of Service due to the failure or malfunction of facilities, power or equipment
provided by the Customer, Authorized User, Joint User, or other common carrier providing
Service connected to the Services or facilities of the Company;
interruptions of Service during any period in which the Company is not given full and free access
to its facilities and equipment for the purpose of investigating and correcting intemrptions;
interruptions of Service during a period in which the Customer continues to use the Service on an9.2.s
9.2.4
impaired basis;
9.2.6 interruptions of Service during any period when the Customer has released Service to the
Company for maintenance purposes or for implementation of a Customer order for a change in
Service arrangements;
9.2.7 intemrptions of Service due to circumstances or causes beyond the control of the Company; and
9.2.8 intemrptions of Service that occur or continue due to the Customer's failure to authorize
replacement of any element of special construction.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
lssued
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.37
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 10 - APPLICATION OF RATES
10.1 Distance-Based Charges
10.f.1 Distance between two points is measured as airline distance between two Points of
Service.
10.1.2 The airline distance between any two Points of Service is determined as follows:
10.1.2.1 Obtain the vertical and horizontal coordinates for each Point of Service
location.
Compute the difference between the vertical coordinates of the two Points of
Service; and compute the difference between the two horizontal coordinates.
Square each difference between the vertical coordinates and the horizontal
coordinates.
10.1,2.2
10.1.2,3
10.1.2.4
10.1.2.5
Add the square of the vertical coordinates
horizontal coordinates difference.
Divide the sum of the squares by 10. Round
if any fraction is obtained.
For example N2-Yl)2 + (H2-H1)z
10
difference and the square of the
to the next higher whole number
10.1.2.6 Take the square root of the result.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.L0, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.38
COMPETITVE ACCESS PROVIDER SERVICES TARIFI.
SECTION 11 - SPECIAL CONSTRUCTION AND SPECIAL ARRANGEMENTS
11.1 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in the Tariffs of
the Company, special construction and special arrangements may be undertaken on a reasonable
efforts basis at the request of the Customer. Special arrangements include any Service or facility
relating to a regulated telecommunications not otherwise specified under a Tariff, or for the
provision of Service on an expedited basis or in some other manner different from the normal
Tariff conditions. Special construction is that construction undertaken:
11.1.1 where facilities are not presently available, and there is no other requirement for the
facilities so constructed;
ll.l.2 of a type other than that which the Company would normally utilize in the furnishing of
its Services;
11.1.3 over a route other than that which the Company would normally utilize in the furnishing
of its Services;
l1..l.4 in a quantity greater than that which the Company would normally construct;
11.1.5 on an expedited basis;
11.1.6 on a temporary basis until permanent facilities are available;
11.1.7 involving abnormal costs; or
11.1.8 in advance of its normal construction.
ll.2 Basis for Charges
Where the Company furnishes a facility or Service on a special construction basis, or any Service
for which a rate or charge is not specified in the Company's Tariffs, charges will be based on the
costs incurred by the Company and may include, (1) nonrecurring-type charges; (2) recurring-
type charges, (3) termination liabilities; or (4) combinations thereof. The agreement for special
construction will ordinarily include a minimum Service commitment based upon the estimated
Service life of the facilities provided.
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, 1't Floor
Bedminster, NJ 07921
lssued:Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 39
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 11_ SPECIAL CONSTRUCTION AND SPECIAL ARRANGEMENTS
11.3 Basis for Cost Computation
The costs referred to in Section 1L.2 preceding may include one or more of the following items to
the extent they are applicable:
11.3.1 installed costs of the facilities to be provided including estimated costs for the
rearrangements of existing facilities. Installed costs include the cost of:
11.3.1.1 equipment and materials provided or used,
11.3.1.2 engineering, labor and supervision,
11.3.1.3 transportation,
11.3.1.4 rights-of-way, and
11.3.1.5 any other item chargeable to the capital account;
11.3.2 annual charges including the following:
11.3.2.1 cost of maintenance;
11,3,2,2 depreciation on the estimated installed cost of any facilities provided, based on
the anticipated useful Service life of the facilities with an appropriate
allowance for the estimated net salvage;
11.3.2.3 administration, taxes and uncollectible revenue on the basis of reasonable
average costs for these items;
11.3,2.4 any other identifiable costs related to the facilities provided; and
11.3.2.5 an amount for return and contingencies.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, 1.'t Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.3
Original Page No.40
COMPETITVE ACCESS PROVIDER SERVICES TARIF}
SECTION 11 _ SPECIAL CONSTRUCTION AND SPECIAL ARRANGEMENTS
ll.4 TerminationLiability
To the extent that there is no other requirement for use by the Company, the Customer may have
a termination liability for facilities specially constructed at the request of the Customer if, and
only if, such liability is clearly stated in a written agreement between the Company and the
Customer.
11.4.1 The maximum termination liability is equal to the total cost of the special facility as determined
under 11.3 preceding, adjusted to reflect the re-determined estimated net salvage, including any
reuse of the facilities provided.
11.4.2 The maximum termination liability as determined in paragraph 1L.4.1 shall be divided by the
original term of Service contracted for by the Customer (rounded up to the next whole number of
months) to determine the monthly liability. The Customer's termination liability shall be equal to
this monthly amount multiplied by the remaining unexpired term of Service (rounded up to the
next whole number of months), discounted to present value at six percent (6Vo), phrs applicable
taxes.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l't Floor
Bedminster, NJ 07921
lssued:
Issued by:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.41
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 - ORDERING OPTIONS FOR SWITCHED ACCESS SERVICE
l2.l General
This section sets forth the regulations and order related charges for Access Service Requests
(ASRs) for Switched Access Service as defined in this Tariff. These charges are in addition to
other applicable charges set forth in other sections of this Tariff.
l2.l.l Ordering Conditions
All Services offered under this Tariff will be ordered using an ASR. The format of the
ASR will be as specified in the industry Access Service Order Guidelines, unless
otherwise, specified herein. A Customer may order any number of Services of the same
type and between the same premises on a single ASR. All details for Services for a
particular order must be identical. The Customer shall provide all information necessary
for the Company to provide and bill for the requesting Service. When placing an order for
Switched Access Service, the Customer shall provide the following minimum
information:
L2.L.1.1 Customer name and premise(s) address(es);
L2.1.L.2 Billing name and address (when different from Customer name and address);
12.1.1.3 Customer contact name (s) and telephone numbers for the following
provisioning activities; order negotiating, order confirmation, interactive
design, installation and billing. The order date (Application Date) is the date on
which the Company receives a firm commitment and sufficient information
from the Customer to allow processing of the ASR. The Customer is advised of
the critical events in the provisioning process, the Application Date, the Plant
Test Date and the Service Commencement Date, at the time the Company gives
the Customer a Firm Order Confirmation (FOC). The FOC is forwarded to the
Customer within two (2) business dates after the date on which all information
needed to process the ASR has been received by the Company.
12.1.2 Provision of Other Services
Unless otherwise specified herein, all Services offered under this Tariff shall be ordered
with an ASR.
With the agreement of the Company, other Services may subsequently be added to the
ASR at any time, up to and including the Service date for the Access Service. When
added subsequently, charges for a Design Change as set forth in Section 15.1.3.2 will
apply when an engineering review is required.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 0792L
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.42
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 _ ORDERING OPTIONS FOR SWITCHED ACCESS SERVICE
12,1.2 Provision of Other Services (Continued)
Additional Engineering is not an ordering option but will be applied to a ASR when the
Company determines that additional engineering is necessary to accommodate a
Customer request. Additional Engineering will be provided by the Company at the
request of the Customer only when a Customer requests additional technical information
after the Company has already provided the technical information included on the Design
Layout Report as set forth herein. The Customer will be notified when additional
engineering is required and will be furnished with a written statement setting forth the
justification for the additional engineering as well as an estimate of the charges. If the
Customer does not want the Service or facilities after being notified by the Company that
additional engineering is required, the Customer may cancel the order and no charges will
apply.
12.2 Access Order
An ASR required by the Company to provide a Customer Switched Access Service as described
herein. An ASR will be required for each new similar Service arrangement or group of common
circuits. When a Customer requests new or additional Switch Access Service, one or more ASRs
may be required. The number of orders required is dependent on the type of Services and/or
facilities being requested.
When placing an order for either Direct Connect Service or Tandem Connect Service as describe
in Sections 14.2.3.2 and 14.2.3.3 respectively, the Customer shall provide all standard ASR
ordering information as specified in industry guidelines. The Customer will also be required to
provide this information to order additional Service for an existing Service type. For new
Customers ordering Tandem Connect Service, the Customer will only be required to complete an
ASR for installation of new Service.
12.2.L Access Service Date Intervals
Access Service is provided with one of the following Service Date intervals:
- Standard Interval
- Negotiated Interval
The Company will specify a FOC and the Service Commencement Date contingent on
the ASR being complete as received. To the extent the Access Service can be made
available with reasonable effort, the Company will provide the Access Service in
accordance with the Customer's required interval subject to the following conditions:
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.43
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 _ ORDERING OPTIONS FOR SWMCHED ACCESS SERVICE
12.2.1 Access Service Date Intervals (Continued)
12.2.1.1 Standard Interval: The Standard Interval for Switched and Special Access
Service will be ten (10) business days from the Application Date. This interval
only applies to standard Service offerings for a Customer which is on-net and
at locations where there are pre-existing facilities to the Customer Premises.
Access Services provided under the Standard Interval will be installed during
Company business hours.
12.2.1.2 Negotiated Interval: The Company will negotiate a Service Date Interval with
the Customer when:
12.2.1.2.1
12.2.1.2.2
12.2.1.2.3
12.2.1.2.4
The Customer requests a Service Date before or beyond the
applicable Standard Interval Service date; or
There is no existing facility connecting the Customer Premises
with the Company or
The Customer requests a Service that is not considered by the
Company to be a standard Service offering (for example, if
Additional Engineering is required to complete the order); or
The Company determines that Access Service cannot be installed
within the Standard Interval.
The Company will offer a Service Date based on the type and quantity of Access
Services the Customer has requires. The negotiated Interval may not exceed by more than
six months the Standard Interval Service Date, or when there is no Standard Interval, the
Company offered Service Date. All Services for which rates are applied on an Individual
Case Basis are provided with a Negotiated Interval.
L2.2.2 Access Service Request Modifications
The Customer may request a modification of its ASR prior to the Service
Commencement Date. All modifications must be in writing using the industry ASR
process. The Company, in its sole discretion, may accept a verbal modification from the
Customer. The Company will make every effort to accommodate a requested
modification when it is able to do so with the normal work force assigned to complete
such an order within normal business hours. Charges for Access Service Order (ASR)
modification will apply as set forth below, on a per occurrence basis.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, l.'t Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 44
COMPETITVE ACCESS PROVIDER SERVTCES TARIFF
SECTION 12 - ORDERING OPIIONS FOR SWITCHED ACCESS SERVICE
12.2,2 Access Service Request Modifications (Continued)
Any increase in the number of Special Channels, Switched Access Service lines, trunks,
transport facilities, Out of Band Signaling connections or any change in engineering or
functionality of a Service will be treated as a new ASR with a new Service Date Interval.
12.2.2.1 Service Commencement Date Charges
ASR Service dates for the installation of new Services or rearrangement of
existing Services may be changed, but the new Service date may not exceed the
original Service Commencement Date by more than 30 calendar days. Then, if
for any reason the Customer indicates that Service cannot be accepted for a
period not to exceed 30 calendar days, and the Company accordingly delays the
start of Service, a Service Change will apply. In addition, when the Customer
submits a request for a Service Date Change that is less than five business days
from the date of notification by the Customer, a Service Date Charge and an
Expedite Charge will apply. No Expedite Charge will apply if the Customer
requests a Service Date Change that is more then five (5) business days from
the date of request by the Customer, but earlier than the original requested
Service Commencement Date.
If the Customer requested Service date is more than 30 Calendar days after the
original Service date, the order will be cancelled by the Company on the 31st
day. Appropriate Cancellation Charges will be applied. If the Customer still
requires the Service, the Customer must place a new ASR with the Company.
The Service Date Change charge will apply on a per order, per occurrence
basis for each Service date changed. The applicable charges are set forth in
Section 15.1.3.2.
L2.2.2.2 Design Change Charge
The Customer may request a Design Change to the Service ordered. A Design
Change is any change to an ASR which requires Engineering Review. An
Engineering Review is a review by the Company personnel of the Service
ordered and requested changes to determine what change(s) in design, if any,
are necessary to meet the Customer's request. Design Changes include such
changes as the addition or deletion of optional features or functions, a change
in the type of transport termination or type of channel interface. Any other
changes are not considered Design Changes for purposes of this subsection and
will require issuance of a new ASR and the cancellation of the original ASR
with appropriate Cancellation Charges applied.
lssued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.45
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 _ ORDERING OPTIONS FOR SWITCHBD ACCESS SERVICE
12.2.2 Access Service Request Modilications (Continued)
12.2.2.2 Design Change Charge (Continued)
The Design Change Charge will apply on a per order, per occurrence basis for
each order requiring a Design Change. The applicable charges, as set forth in
Section 15.L.3.2 are in addition to any Service Date Change Charges that may
apply.
12.2.2.3 Expedited Order Charge
When placing an Access Order for Service(s) for which a Standard Interval
exists, a Customer may request a Service Commencement Date that is earlier
than the Standard Interval Service Date, in which case an Expedite Charge will
apply. The Expedite Charge will not apply if the new Service Commencement
Date is more than five days from the date of the request to the Company of the
Expedited Order request.
However, if upon reviewing availability of equipment and scheduled workload,
Company agrees to provide Service on an expedited basis and Customer
accepts Company's proposal, an Expedite Charge will apply. If the Company is
subsequently unable to meet an agreed upon expedited Service date, then the
Expedited Charge will not apply. In the event the Company provides Service
on a expedited basis on the Customer's request, and the Customer delays
Service or is not ready for delivery of Service at the time of installation, a
Service Date Change Charge will apply in addition to the Expedite Charge.
In the event that the Customer cancels an expedite request, the Expedite Charge
will be added to any applicable Cancellation Charge specified herein.
In the event
Company has
still apply.
An Expedite
reasons.
that the Customer requests a Service Date Change after the
received the original expedite request, the Expedite Charge will
Charge will not be applied to orders expedited for Company
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 46
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 - ORDERING OPTIONS FOR SWITCHBD ACCESS SERVICE
12.2.2 Access Service Request Modifications (Continued)
12.2.2.3 Expedited Order Charge (Continued)
If costs other than additional administrative expenses are to be incurred when
the Access Order is expedited, the regulations and charges for Special
Construction as set forth in this Tariff will apply.
The Expedited Order Charge will apply on a per order, per occurrence basis, as
specified in Section L5.1.3.2.
12.2.3 Cancellation of an Access Service Request
A Customer may cancel an ASR for the installation of Switching Access Service at any
time prior to notification by the Company that Service is available for the Customer's
use. The Cancellation Date is the date the Company receives written or verbal notice
from the Customer that the order is to be canceled. The verbal notice must be followed
by written confirmation within ten (10) days. A Customer may negotiate an extension
of the Service date of an ASR for installation of new Service or rearrangement of
existing Service, in which case a Service Date Change Charge will apply. However, the
new Service date cannot exceed the originally established Service date by more than 30
calendar days. On the 31't day beyond the original Service date, the ASR will be
canceled and the appropriate Cancellation Charge will be applied.
Except as stated herein, Cancellation Charges will apply as specified in Section
15.1..3.3. [f the cancellation occurs prior to the Company's receiving the ASR, no
charges shall apply.
Cancellation Charges for Expedited Orders will be applied for an order canceled from
the Application Date forward.
If the Company misses a Service date for a Standard or Negotiated Interval Access
Order by more than 30 days due to circumstances such as Acts of God, governmental
requirements, work stoppages and civil disturbances, the Company shall not be liable
for such delay and the Customer may cancel the ASR without incurring Cancellation
Charges.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.3
Original Page No.47
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 12 _ ORDERING OPTIONS FOR SWITCHED ACCESS SERVICE
12.2 Access Order (Continued)
12.2.4 Minimum Period of Service
The minimum period for which Switched Access Service is provided and for which
charges are applicable is one month.
12,2,4.1 The following changes will be treated as a discontinuance of the existing
Service and a request for installation of a new Service. All associated non-
recurring charges will apply for the new Service, and a new minimum period
will be establishes:
12.2.4.1,(a) a change in the identity of the Customer of record;
12,2,4,1.(b) a move by the Customer to a different building;
12.2.4.1.(c) a change in type of Service;
12.2.4.1.(d) a change in Switched Access Service Interface (i.e., DSL or
DS3);
12.2.4.1.(e) a change in Switched Access Service Traffic Type;
12.2.4.2 When Access Service is disconnected prior to the expiration of the minimum
period, changes are applicable for the balance of the minimum period. The
Minimum Period Charge for monthly billed Services will be determined as
follows:
12.2.4.2.(a) For Switched Service, the charge for a month or fraction
thereof is the applicable minimum monthly charge for the
capacity made available to the Customer.
12.2.4.2.(b) AII applicable Non-Recurring Charges for the Service will be
billed in addition to the Minimum Period Charges.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.48
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 13 - CARRIER COMMON LINE SERVICE
The Company will provide Carrier Common line Access Service (Carrier Common One line Access) to
Customers in conjunction with Switched Access Service provided in Section 14 of this Tariff.
13.1 General Description
Carrier Common line Access provides for the use of end users Company provided common one
line by Customers for access to such End Users to furnish Communications Services.
13.2 Limitations
13,2.1 Exclusions
Neither a telephone number nor detail billing are provided with Canier Common Line
Access. Additionally, directory listings and intercept arrangements are not included in the
rates and charges for Carrier Common line Access.
13.2.2 Access Groups
AII trunk side connections provided in the same access group will be limited to the same
features and operating characteristics.
13.3 Undertaking of the Company
13.3.1 Provision of Service
Where the Customer is provided Switched Access Service under other sections of this
Tariff, the Company will provide the use of Company common lines by a Customer for
access to end users at rates and charges as set forth in 15.1.3 following.
13.3.2 Interstate and Intrastate Use
The Switched'Access Service provided by the Company includes the Switched Access
Service provided for both interstate and intrastate commissions. The Carrier Common
line Access rates and charges as set forth in ),5.1..3.4.2 following apply to intrastate
Switched Access Service access minutes.
lssued:Effective:
Issued by: Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No.3
Original Page No.49
COMPETITVE ACCESS PROVIDER SERVICES TARIFI.
SECTION 13 _ CARRIER COMMON LINE SERVICE
13.4 Obligations of the Customer
13.4.1 Switched Access Service Requirements
The Switched Access Service associated with Canier Common line Access shall be
ordered by the Customer under other sections of this Tariff.
L3.4.2 Supervision
The Customer facilities at the premises of the ordering Customer shall provide the
necessary on-hook and off-hook supervision.
L3.5 Determination of Usage Subject to Carrier Common line Access Charges
Except as set forth herein, all Switched Access Service provided to the Customer will be subject
to Carrier Common line Access Service.
13.5.1 Determination of Jurisdiction
When the Customer reports interstate and intrastate use of Switched Access Service, the
associated Carrier Common line Access used by the Customer for interstate will be
determined as set forth in 3.4.1 (Percent Interstate Use - PIU).
13.6 Measuring and Recording of Call Detail
When Access minutes are used to determine Carrier Common line charges, they will be
accumulated using call detail recorded by Company equipment. The Company measuring and
recording equipment will be associated with end office or local tandem switching equipment and
will record each originating and terminating access minute where answer supervision is received.
The accumulated access minutes will be summed on a line-by-line basis, by line group or by end
office, whichever type of account is used by the Company, for each Customer and then rounded
to the nearest minute.
13.7 Billing Charges
13.7.1 Access minutes for all Switched Access Service subject to Carrier Common line Charges
will be multiplied by the Access Per Minute Rate as set forth in Section 1.5.1.3.4.2
following.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 11.0, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No.3
Original Page No.50
COMPETTTVE ACCESS PROVIDER SERVICES TARIFI.
13.8
SECTION I.3 _ CARRIER COMMON LINE SERVICE
Determination of Charges
13.8.1 Carrier Common line Charges will be billed to each Switched Access Service provided
further under this Tariff, in accordance with the rates as set forth in Section L5.1.3.4
following.
13.8.2 Carrier Common line Access per minute charge(s) apply to:
13.8.2.1 all Terminating Access Minutes of Use.
13.8.2.2 less those Terminating Access Minutes of Use associated with Mobile
Telephone Switching Offices (MTSOs) if the MTSO has a Contract for
Services with Company.
f3.8.2.3 all Originating Access Minutes of Use associated with calls placed to 700, 800
and 900 numbers, less those Originating Access Minutes of Use associated
with calls placed to 700, 800 and 900 numbers for which the Customer
furnishes for each month a report of either the number of calls or minutes or a
report of the percent of calls or minutes that terminate in a Switched Access
Service that is assessed Carrier Common line Charges.
When the Customer makes this report available to the Company in advance of
billing, these minutes of use will be charged on the current bill as originating
minutes of use as set forth in 13.8.2.3.(d) following. If a billing dispute arises
concerning the Customer provided report, the Company will request the
customer to provide the data the Customer used to develop the report. The
Company will not request such data more than once a year. The Customer shall
supply the data within 30 days of the Telephone Company request.
When this report is not available to the Company until after billing, it shall be
used by the Company to calculate and post a credit to the Customer's account.
The credit shall be posted to the Customer's account within 30 days of receipt
of the report. The credit shall be calculated by multiplying the number of
access minutes of use, for which a credit is determined to be applicable, times
the difference between the terminating and originating Carrier Common line
Charges in effect when the calls were completed.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.51
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 13 - CARRIER COMMON LINE SERVICE
f3.8 Determination of Charges (Continued)
13.8.2 Carrier Common line Access per minute charge(s) apply to (Continued)
L3.8.2.4 The Originating Access per minute charge(s) apply to:
13.8.2.4.(a)
13.8.2.4.(b)
13.8.2.4.(c)
rc.8.2.4.(d)
13.8.2.4.(e)
all Originating Access Minutes of Use,
all Originating Access Minutes of Use where the off-hook
supervisory signaling is forwarded by the Customer's
equipment when the called party answers,
less all Originating Access Minutes of Use associated with
calls placed to 700, 800 and 900 numbers,
less those Originating Access Minutes of Use associated
with Mobile Telephone Switching Offices (MTSOs), if the
MTSO has a Contract for Services with the Company.
plus all Originating Access Minutes of Use associated with
calls placed to 700, 800 and 900 numbers for which the
Customer furnishes for each month a report of either the
number of calls or minutes or a report of the percent of calls
or minutes that terminate in a Switched Access Service that
is assessed Carrier Common line charges, and for which a
corresponding reduction in the number of Terminating
Access Minutes of Use has been made as set forth in
13.8.2.3.(c) preceding.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1.L0, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 52
COMPETTTVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 _ SWITCHED ACCESS SERVICE
L4.l General
Switched Access Service, which is available to Customers for their use in furnishing their
Services to End Users, provides a two-point communications path between a Customer's
Premises and an End User's Premises. It provided for the use of common terminating switching
and transport facilities. Switched Access Service provides the ability to originate calls from an
End User's Premises location to a Customer's Premises and to terminate calls from a Customer's
Premises to an End User's Premises.
Rates and charges are set forth in Section 15. The application of rates for Switched Access
Service is described in Section t5.1.3.4.
14.2 Provision and Description of Switched Access Service Agreements
Switched Access Service is provided in the following Service type;
14.2.1 Feature Group D (FGD) Access
FGD Access, which is available to all Customers, is provisioned at the SDI level and
provides trunk-side access to Company Local Switching Center switches, with an
associated uniform IOXXX Access Code for Customer's use in originating and
terminating communications. Basic FGD Service will be provided with Multi-Frequency
In-Band Signaling. SS7 is also available as a Common Switching Option for Feature
Group D. In addition, Conventional Signaling for Direct Carrier Trunk Groups is
available at Customer's option. End Users of Customer's Service may also originate calls
to certain FGD Access Customers without dialing the 10XXX Access Code if End User
is presubscribed as described herein.
The Access Code for FGD switching is a uniform Access Code of the form 10XXX. A
single Access Code will be the assigned number of all FGD access provided to the
Customer by the Company. No access Code is required for calls to a Customer over FGD
Switched Access Service if the End User's telephone exchange Service is arranged for
Pre-subscription to that Customer, as set forth herein.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.53
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 - SWITCHED ACCESS SERVICE
L4.2 Provision and Description of Switched Access Service Agreements (Continued)
14.2.1 Feature Group D (FGD) Access (Continued)
Where no Access Code is required, the number dialed by the Customer's End User shall
be a seven or ten digit number for calls in the North American Numbering Plan (NANP),
except for 00- dialed calls which are routed to the predesignated Customer. For
international calls outside the NANP, a seven to twelve digit number maybe dialed. The
form of the numbers dialed by the Customer's End User is NXX-XXXX, 0 OR 1 + NXX-
XXXX, NPA +NXX-XXXX, 0 or 1 + NPA = NXX-XXXX, and when the local
Switching Center is equipped for International Direct Distance Dialing (IDDD), O + CC
+NNor011+CC+NN.
When the 10XXX Access Code is used, FGD switching also provides for dialing the digit
0 for access to the Customer's operator, 91 I for access to the Company's emergency
Service, or the end-of -dialing digit (#) for cut-through access to the Customer's
Premises.
In addition End User may originate calls by dialing the 950-XXXX Access Code specific
to a particular Interexchange Carrier provided that Interexchange Carrier has subscribed
to the Company's Feature Group D with 950 Access Common Switching Optional
Feature. If the End User is presubscribed to that Interexchange Carrier, no Access Code is
necessary.
14.2.2 Manner of Provision
Trunks used for switched Access Service may be configured for one-way (either
originating only or terminating only) or for two-way directionality. It is the Customer's
responsibility to order a sufficient number of trunks of each type in order to meet its
desired grade of Service objective. At the Customer's request, the Company will assist
the Customer in sizing Switched Access Trunk groups.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite L10, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.54
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 - SWITCHED ACCESS SERVICE
14.2 Provision and Description of Switched Access Service (Continued)
14.2.3 Rate Categories
The following rate categories apply to Switched Access Service:
Direct Connect
Tandem Connect
14.2.3.1 Except as stated as follows, Tandem Connect Service is provided in
conjunction with the tandem provider serving the area. Charges are computed
in accordance with Section 4.2.8 preceding (Ordering, Rating, and Billing of
Access Services Where More Than One Exchange Carrier is Involved).
14.2.3.2 Direct Connect
The Company will provide Direct Connects between the Customer's Premises
and the Company's Local Switching Center switch(es). This transmission path
is dedicated to the use of a single Customer. DSI and DS3 facilities are
available for Direct Connect Service. A DSI facility is capable of transmitting
electrical signals at a nominal 1.544 Mbps, with the capability to channelize up
to 24 voice frequency transmission paths. A DS3 facility is capable of
transmitting electrical signals at a nominal 44.736 Mbps, with the capability to
channelize up to 672 voice frequency transmission paths. For DS3 facilities, if
the Company is required to install additional fiber optic equipment for the
benefit of the Customer, the Customer has the option to choose either an
optical or electrical interface. This Direct Connect rate category is comprised
of a monthly Entrance Facilities Charge and a Per Minute of Use End Office
Switching charge as specified in 15.1.3.4.
14.2.3.3 Tandem Connect: Tandem Connect consists of circuits from the point of
interconnection with Customer's tandem provider to the Company's Local
Switching Center. This Tandem Connect rate category is comprised of a
Minutes of Use (MOU) based End-Office switching and tandem switched
transport charges.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, L't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.ldaho Price List No. 3
Original Page No.55
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 - SWITCHED ACCESS SERVICE
14.2 Provision and Description of Switched Access Service Agreements (Cont.)
14.2.4 Design Layout Report
At the request of the Customer the Company will provide to the Customer the makeup of
the facilities and Services provided from the Customer's Premises to the first point of
switching. This information will be provided in the form of a Design Layout Report. The
Design Layout Report will be provided to the Customer at no charge.
14.2.5 Acceptance Testing
At no additional charge the Company will, at the Customer's request, cooperatively test
at the time of installation the following parameters: loss, C-notched noise, C-message
noise, 3tons slope, d.c. continuity and operational signaling.
14.2.6 Ordering Options and Conditions
Switched Access Service is ordered under the Access Order provisions set forth in
Section 12.2. Also included in that section are other charges which may be associated
with ordering Switched Access Service.
14.2.7 Competitive PricingArrangements
Competitive pricing arrangements for Local Transport - Entrance Facilities and Local
Transport-Direct Trunked Transport can be furnished to meet the communications needs
of specific Customers on a case-by-case basis under individual contracts. Notice of the
Competitive Pricing Arrangement Contracts, once executed, will be filed with
Commission according to Commission rules.
14.3 Obligations of Company
In addition to the obligations of the Company ser forth in other sections of this Tariff, the
Company has certain other obligations concerning the provision of Switched Access Service.
These obligations are as follows:
14.3.1 Network Management
The Company will administer its Network to ensure the provision of acceptable Service
levels to all telecommunications users of the Company's Net work Services.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.56
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 - SWITCHED ACCESS SERVICE
14.3 Obligations of Company (Continued)
14.3.1 Network Management (Continued)
Service levels are considered acceptable only when both End Users and Customers are
able to establish connections with little or no delay encountered within the Company
Network. Company reserves the right to apply protective controls, (i.e., those actions,
such as call gapping, which selectively cancel the completion of traffic), over any traffic
carried over its Network, including that associated with a Customer's Switched Access
Service. Generally, such protective measures would only be taken as a result of
occurrences such as failure or overload of Company or Customer facilities, natural
disasters, mass calling or national security demands. Customer will notify Company of
anticipated peaked Services as stated below. Based on the information provided
Company, Company will work cooperatively with Customer to determine the appropriate
level of control. In the event that the protective controls applied by Company result in the
complete loss of Service by Customer, Customer will be granted a credit allowance for
Service interruption as set forth in Section 9.
When a Customer uses the Company's facilities to offer Services for which a substantial
call volume or peaked Service is expected during a short period of time, the Customer
must notify the Company at least 24 hours in advance of each peak period. For events
scheduled during weekends or holidays, the Company must be notified no later than 5:00
p.m. local time the prior business day. Notification should include the nature, time,
duration, and frequency of the event, an estimated call volume, and the NPA NXX and
one line number(s) to be used. On the Basis of the information provided, the Company
may invoke network management controls, if required, to reduce the probability of
excessive Network congestion. The Company will work cooperatively with the Customer
to determine the appropriate level of such control. Failure to provide prescribed
notification may result in Customer caused Network congestion which could result in
discontinuance of Service under Section 4.5.2.
14.4 Obligations of the Customer
In addition to obligations specified elsewhere in the Tariff, the Customer has certain specific
obligations pertaining to the use of Switched Access Service as follows:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 0792L
lssued:
Issued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.57
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 14 _ SWITCHED ACCESS SERVICE
14.4.1 ReportRequirements
When a Customer orders Switched Access Service for both interstate and intrastate use,
the Customer is responsible for providing Jurisdictional Reports as set forth in Section
3.4 preceding. Charges will be apportioned in accordance with those reports. The method
for determining the intrastate charges is set forth therein (Section 3.4).
14.4.2 Supervisory Signaling
The Customer's premises equipment shall provide the necessary on-hook, offtrook
answer and disconnect supervision.
14.4.3 Design of Switched Access Services
It is the Customer's responsibility to assure that sufficient Access Services have been
ordered to handle its traffic.
Issued by: Richard M. Boudria, President
BCN TELECOM,INC.
550 Hills Drive, Suite L10, L't Floor
Bedminster, NJ 07921
lssued:Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 58
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 15 - RATES AND CHARGES
15.1 Rates for Switched Access Services
There are three types of rates and charges that apply to Switched Access Service. These are
Monthly Recurring Charges, Usage Rates and Non-Recurring Charges.
Monthly Recurring Charges: Monthly Recurring Charges are flat rates for facilities that apply
each month or fraction the thereof that a specific rate element is provided.
Usage Rates: Usage rates are rates that are applied on a per access minute or per query basis.
Usage Rates are accumulated over a monthly period.
Non-Recuming Charges: Non-Recurring Charges are one time charges that apply for a specific
work activity (i.e., installation of new Service or change to an existing Service).
Installation of Service: Non-Recurring Charges apply to each Switched Access Service installed.
The charge is applied per one line or trunk.
15.1.1 Application of Rates
15.1.1.1 Direct Connect:
The Direct Connect Rate is assessed based on the total of the monthly Entrance
Facilities Charge and the Monthly Usage charge. The Monthly Facilities
Charge consists of a fixed rate based on the type of the facilities, (i.e., DS1 or
DS3), and may include a per mile rate.
15.1.1.2 Tandem Connect:
The Tandem Connect Rate is assessed based on the Monthly Usage charges for
End-Office switching and Tandem Switched Transport.
L5.1.2 Billing of Access Minutes
When recording originating calls over FGD with multi-frequency address signaling,
usage measurement begins when the first wink supervisory signal is forwarded from the
Customer's facilities. The measurement of originating call usage over FGD ends when
the originating FGD entry Switch received disconnect supervision from either the
originating End User's Local Switching Center (indicating that the originating End User
has disconnected), or the Customer's facilities, whichever is recognized first by the entry
switch.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
Issued:
lssued by:
Effective:
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No.59
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 15 _ RATES AND CIIARGES
15.1 Rates for Switched Access Services (Continued)
DSI
D53
Change Charges (Per Order)
Service Date
Design Changes
Expedite Charge
Cancellation Charges
15.1.2 Bilting of Access Minutes (Continued)
For terminating calls over FGD with multi-frequency address signaling, the measurement
of access minutes begins when a seizure signal is received from the Carrier's trunk group
at the Point of Presence within the LATA. The measurement of terminating call usage
over FGD ends when a disconnect signal is received, indicating that either the originating
or terminating user had disconnected.
When recording originating calls over FGD with SS7 signaling, usage measurement
begins with the transmission of the initial address message by the switch for direct trunk
groups, and with the receipt of an exit message by the switch for tandem trunk groups.
The measurement of originating FGD usage ends when the entry switch receives or sends
a release message, whichever occurs first. For terminating calls over FGD with SS7
signaling, the measurement of access minutes begins when the terminating recording
switch receives the initial address message from the terminating End User. On directly
routed trunk groups or on tandem routed trunk groups, the Company switch received the
initial address message and sends the indication to the Customer in the form of an answer
message. The measurement of termination FGD call usage ends when entry switch
receives or sends a release message, whichever occurs first.
15.1.3 Rates and Charges
A. Service Implementation
Installation Charge - Per Trunk
Non-recurring Charge
B.
ICB
ICB
Per Occurrence
s0.00
$0.00
$0.00
Per Order
$0.00C.
Issued:
Issued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 110, 1't Floor
Bedminster, NJ 07921
BCN TELECOM,INC.Idaho Price List No. 3
Original Page No. 60
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 15 - RATES AND CHARGES
15.1.3 Rates and Charges (Continued)
D. Switched Access
D.l Local Switching
FeatureGroupsB&D
Originating
Terminating
D.2 Carrier Common line Rates
Originating
Terminating
D.3 Switched Transport Usage Rates
Local Transport
Originating
Terminating
Tandem Switching
Originating
Terminating
Tandem Transport Originating
Between0andSmiles
Over 8 to 25 Miles
Over 26 to 50 Miles
Over 50 miles
Tandem Transport Terminating
Between0and8miles
Over 8 to 25 Miles
Over 26 to 50 Miles
Over 50 miles
Per Access Minute of Use
s0.008610
$0.006000
Per Access Minute of Use
$0.03890s
$0.000000
Access Rate Access Rate
Per Minute Per Mile
$0.0000000
$0.0000000
$0.007700
$0.000000
Per Minute
$0.000237
$0.000273
$0.000308
$0.000311
$0.000000
s0.0000000
s0.000000
$0.0000000
$0.0000000
$0.0000000
$0.007700
$0.000000
Per Mile
$0.000015
$0.000018
s0.000019
$0.000020
$0.000000
$0.000000
$0.000000
$0.000000
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite LL0, 1't Floor
Bedminster, NJ 07921
BCN TBLECOM,INC.Idaho Price List No. 3
Original Page No. 61
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 15 _ RATBS AND CHARGES
15.1.3 Rates and Charges (Continued)
D. Switched Access (Continued)
Interconnection Charge
Originating
Terminating
D.4 Direct Trunked Transport
DS1
DS3
15.1.4 800 Number Portability Access
800 POTS Translation Charge
Call Handling and Destination Charge
800 Canier Identification Charge Per Call
15.1.5 VoIP Traffic
Originating
Terminating
Per Minute
$0.00468 1
$0.00468 1
Monthly Recurring RateFixed Per MileICB ICBICB ICB
Per Minute
$0.003665
$0.000694
$0.003312
Per Minute
Same as TDM, Above
$0.006000
15.2 Non Routinelnstallation/Maintenance Charges
As stated in 2.9, at the Customer's request installation and/or maintenance may be performed
outside the Company's regular business hours or in hazardous locations. In that case, the
following rates apply:
Basis Time - per quarter hour:
Overtime - per quarter hour:
Premium Time - per quarter hour:
1.5.3 Individual Case Basis Arrangements
$0.00
$0.00
s0.00
Arrangements will be developed on a case-by-case basis in response to a bona fide request form a
Customer or Prospective Customer to develop a competitive bid for a Service offered under this
Tariff. Rates quoted in response to such a competitive requests may be different than those
specified for such Service in this Tariff. ICB rates will be offered to the Customer in writing.
Notice of such arrangements will be provided to the Commission according to Commission rules.
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, 1't Floor
Bedminster, NJ 07921
lssued:
Issued by:
Effective:
BCN TELECOM,INC.ldaho Price List No. 3
Original Page No. 62
COMPETITVE ACCESS PROVIDER SERVICES TARIFF
SECTION 15 _ RATES AND CHARGES
15.4 Underbilling
If charges are found to be lower than authorized by the Company's Tariffs or Terms and
Conditions of Service, or if the Company failed to bill the Customer for Service then:
15.4.1 The Customer may be back billed for the amount that was underbilled for no more than
six months from the date the error was discovered unless underbilling is a result of theft
of Service by the Customer.
15.4.2 Service may be disconnected if the customer fails to pay charges arising from an
underbilling.
15.4.3 If the underbilling is $50.00 or more, the company may offer the customer a Deferred
Billing Plan option for the same length of time as that of the underbilling. A Defened
Payment Plan may not be offered to a Customer whose underpayment is due to theft of
Service.
15.4.4 Interest on underbilled amounts shall:
Ls.4.4.1
15.4.4.2
not be charged unless such amounts are found to be the result of theft or
Service by the Customer, and
not exceed an amount based on the rate set by the Commission on December 1
of the preceding year, compounded monthly, and accruing from the day the
Customer is found to have first tampered with, bypassed, or diverted Service.
Issued:
lssued by:
Effective:
Richard M. Boudria, President
BCN TELECOM, INC.
550 Hills Drive, Suite 1L0, L't Floor
Bedminster, NJ 07921