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HomeMy WebLinkAboutNorVergence Inc.pdfNorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page Issued: May 23, 2003 Effective: June 4 2003 NORVERGENCE , INC. REGULATIONS AND SCHEDULE OF CHARGES FOR RESALE OF COMPETITIVE INTRASTATE TELECOMMUNICATIONS SERVICES Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 2 Issued: May 23, 2003 Effective: June 4, 2003 CHECK SHEET The pages listed below are inclusive and effective as of the date shown. Original and revised pages as named below contain all changes from the original tariff that are in effect on the date shown on each page. Paqe Revision Paqe 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 Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG JUN 4-2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 3 Issued: May 23 2003 Effective: June 4 , 2003 CHECK SHEET (continued) Paqe Revision Paqe 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 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 4 Issued: May 23 2003 Effective: June 4 , 2003 CHECK SHEET (continued) Reserved for Future Use Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 5 Issued: May 23 2003 Effective: June 4 , 2003 TABLE OF CONTENTS PAGE Title Title Page Check Page Table of Contents Concurring, Connecting or Other Participating Carriers Symbols Tariff Format Section 1 - Technical Terms and Abbreviations Section 2 - Rules and Regulations Section 3 - Description of Services Section 4 - Rates and Charges Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4 - 2003 Baise, Idaho NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 6 Issued: May 23 2003 Effective: June 4, 2003 CONCURRING , CONNECTING OR OTHER PARTICIPATING CARRIERS None SYMBOLS The following are the only symbols used for the purposes indicated below: Changed regulation Discontinued rate or regulation Increase Matter relocated without change New rate or regulation Reduction Reissued matter Change in text but no change in rate or regulation Correction Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 7 Issued: May 23 2003 Effective: June 4, 2003 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 15 would be 14. 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 14 replaces the 3rd Revised Page 14. Paragraph Numbering Sequence - There are five levels of paragraph coding. Each level of coding is subservient to its next higher level: 1 (A) 1 (A). 1 Check Page - When a filing is made with the Commission , an updated Check Page accompanies the filing. The Check Page lists the pages contained in the Tariff, with a cross-reference to the current revision number. When new pages are added , the Check Page is changed to reflect the revision. Idgho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 &i~, Idaho -~' .""'. ..... NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 8 Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS For the purposes of this Tariff, the following technical terms and abbreviations will apply. 10XXX or 101XXXX Access: dialing method that enables a Customer to reach the interexchange carrier of the Customer s choice even if the Customer is not a regular Customer of that carrier. For example , to reach AT&T Communications of New England , Inc., the Customer dials 1 +1 0288+NPA+NXX. Access Line: A transmission line used to transmit voice and/or data calls from the Customer Premises to a telephone company serving wire center or a Company-designated POP or from a telephone company serving wire center or a Company-designated POP to the Customer Premises. Administrative Change: Administrative Change is the modification of an existing Circuit Dedicated Access line or Port, at the request of the Customer, that involves changes to authorization codes , speed numbers, route guide , consolidation of billing, verification of testing performed by parties other than the Company, or any other administrative change not coveredby a Billing Record Change. Alternate Access: Alternate Access is a form of Local Access except that the provider of the service is an entity, other than the Local Exchange Carrier, authorized or permitted to provide such service. The charges for Alternate Access may be subject to private agreement rather than published or special Tariff rates if permitted by applicable governmental rules. Ancillary Charges: Ancillary Charges are charges for supplemental Services or optional features as set forth herein, which may consist of both nonrecurring and monthly recurring charges. ANI: Automatic Number Identification. A process used to identify the calling station. For example , Customers such as call centers pay for caller s telephone numbers to be sent to them simultaneously with their incoming toll free service calls. hfaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 -2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 9 Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Applicant: Any entity or individual who applies for Service under this Tariff. Application for Service: The Application for Service is the standard Company order form which includes all pertinent billing, technical , and other descriptive information , which will enable the Company to provide a communication, Service(s) as required. Authorized User: A person , firm, corporation or other entity (including Customer) that 1) is authorized by the Customer to be connected to and utilize the Company s Services under the terms and regulations of this Tariff or 2) either is authorized by the Customer to act as the Customer in matters of ordering, changing or canceling Service or is placed in a position by the Customer, either through acts or omissions , to act as Customer in such matters. Such actions by an Authorized User shall be binding on Customer and shall subject Customer to any associated charges. Billing Record Change: Billing Record Change is a change in Customer s billing address. Blocking: A temporary condition that may be initiated so that the Customer cannot complete a telephone call. BTN: Billed Telephone Number. May consist of one or more WTNs. Business Customer: A Customer whose use of the Services is primarily or substantially for a business, professional , institutional, or occupational purpose. Any Business Customer employee who subscribes to the Service for his or her home telephone will also be classified as a Business Customer. Cardholder: Cardholder is the associate, member, Customer, or other individual that uses the Company s Calling Card Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 10 Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Carrier Common Line Charges: The charges the long distance companies pay to the local telephone companies for carrier common line access service, which provides for the use of end user s telephone company provided common lines by subscribers for access to such end users to furnish interstate communications. Casual Caller: A caller that has not affirmatively selected the Company as its choice of a long distance service provider in advance of placing a long distance call. Central Office Connection (COC): Central Office Connection connects the Inter-Office Channel (as defined herein) of a dedicated leased circuit or connects the access Port of a switched channel to the Local Access Channel (as defined herein). CIC: CIC stands for Carrier Identification Code which is a numeric code consisting of three numbers used by end-users or customers to reach the networks of the DUCS through equal access arrangements. Circuit or Channel: A communications path between two or more points having a standard Bandwidth or Transmission Speed selected by the Customer. CLEC: Competitive Local Exchange Carrier. Any carrier or reseller offering local exchange telecommunications services other than the incumbent LEC. Commission: Commission refers to the Idaho Public Utilities Commission or any succeeding agency. Company: Company refers to NorVergence, Inc. Company-Provided: The switching, transmission , and other related telecommunications equipment/facilities provided by the Company or by any combination of the Company, the LEC or other authorized Third Party Vendors contracted by the Company. CPE: Customer-Provided Equipment. Terminal equipment connected to the telephone network , which is owned by the Customer or leased by the Customer from a suDDliertJaho U IC Illes ommlSSlon Office of the Secretary ACCEPTED FOR FiLING J U N 4 - 2003 Belse, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Credit Card: VisaCID, MasterCardCID, or other Credit Cards issued by other companies the Company may accept. Customer: A Customer is the person , firm , corporation , governmental unit or other entity which orders Service -- either for its own use, as a resale carrier, or as a non-profit manager of a sharing group --and which is responsible for the payment of charges and for compliance with this Tariff. If an entity orders Service in more than one city or requests the assignment of multiple account numbers , each such account is a separate Customer for billing purposes. The term Customer also includes an entity that (1) remains presubscribed to Company Service after its account(s) are removed from Company s billing system, and subsequently continues to use Company s Service, or (2) otherwise uses Service for which no other Customer is obligated to compensate the Company. Customer Commitment Date: The date in which the Company receives a firm commitment from a Customer for the provision of one of the Company s Data Service offerings, Customer Premises/Customer s Premises: Location(s) designated by a Customer where Service is originated/terminated whether for its own communications needs or for the use of its Resellers. Data Services: Communication Services that are designed to allow the transfer of formatted information between points. Dedicated Access: Where Customer s Premises has a non-switched connection to the POP selected by the Company for origination and or termination of calls. When the Dedicated Access is used for Switched Services, the Dedicated Access is referred to as a Dedicated Access line. When Dedicated Access is used to provide Data Services , the Dedicated Access is referred to as local loop. Defects or Defective Service: A shortcoming or an imperfection in Data Service(s) as a result of mistakes, accidents, errors , omissions, interruption or delay in Service. Designated Underlying Carrier: The Designated Underlying Carrier is the facilities-based carrier chosen by the Company to provision the communications Service(s) provided to theCustomer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003 BoiSf!, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 12 Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003Direct-Dialed: A call placed by the caller without operator assistance. DUC: DUC stands for Designated Underlying Carrier.Boise, Idaho End User: The person or legal entity that uses the Service provided by the Company. Equal Access: Enables the Customer to place long distance calls without the need to first dial a special code. Exemption Certificate: A written notification provided by the Customer certifying that its dedicated facility should be exempted from the monthly Special Access Surcharge because (a) the facility terminates in a device not capable of interconnecting Service with the local exchange network or (b) the facility is associated with a Switched Access Service that is subject to Carrier Common Line Charges. ICB: Individual Case Basis. A Service provided involving a nonstandard arrangement. The nature of such Service requirements makes it difficult or impossible to establish general Tariff provisions for such circumstances. Installation: Installation means the connection of a Circuit, Dedicated Access line, or Port, for new, changed or additional Service. IXC: IXC stands for Interexchange Carrier. Joint User: A corporation , association , partnership, or individual that is permitted to use a Customer s Service by mutual agreement between the Customer and the Joint User in accordance with the terms and conditions of this Tariff. LATA: Local Access Transport Area. geographically defined regulatory boundary established by the Modification of Final Judgment. LEC: LEC stands for LEC. Local Access: The service between a subscriber s premise and a Company-designated POP. NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C, No. Original Page 13 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Local Access Provider: An entity providing Local Access. MMC: Minimum Monthly Commitment. MMPO: Minimum Monthly Payment Obligation. MTS: Message Telecommunications Service. NPA: Numbering Plan Area. More commonly referred to as an area code. Nonrecurring Charges: Nonrecurring Charges are one-time charges. NXX: NXX represents the first three digits of a Customer s telephone number. N is a number between 2 and 9. X is a number between 0 and 9. OTC: One Time Charge. PIC: Primary Interexchange Carrier. PICC: Primary Interexchange Carrier Charge. PIN: PIN stands for Personal Identification Number (PIN) and is a numerical code one or more of which may be assigned to a Customer for access and use of Service. The PIN enables the Company to identify the end user originating Service for security and for billing purposes. PINs are the sole property of the Company and no Customer shall have any property or other right or interest in the use of any particular PIN. Platform: Platform refers to the proprietary computer technology that provides the Company network services. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003 b-.,,", NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 14 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS POP: Point-of-Presence. A physical place at which the local telephone company terminates subscriber Circuits for long distance dial-up or leased-line communications or a Company- designated location where a facility is maintained for the purpose of providing access to the Company s Service. Port: The physical or electrical interface through which access to the communications networkis obtained. POTS Number: Plain Old Telephone Service Number. associated with basic local exchange service. The 10-digit telephone number Primary Interexchange Carrier: Primary Interexchange Carrier is the long distance company to which traffic from a given location is automatically routed when dialing 1 + in equal access areas. The Primary Interexchange Carrier is identified by a code number that is assigned by the local telephone company to the telephone numbers of all the subscribers to that carrier to ensure the calls are routed to the correct company. C. stands for Public Utility Commission. Restore: Restore means to make Service operative following an interruption by repair reassignment, re-routing, substitution of component parts, or otherwise , as determined by the DUC(s) involved. Route Diversity: Route Diversity is providing two channels that are furnished partially or entirely over two physically separate routes. SCP: SCP stands for Service Commitment Period. Service: Any or all services provided pursuant to this Tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG JUN 4 - 2003 Boise. Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 15 Issued: May 23 2003 Effective: June 4, 2003 SECTION 1 - DEFINITIONS AND ABBREVIATIONS Service Commitment Period: The Service Commitment Period is the period selected by the Customer, agreed to by the Company, and stated on the relevant Application for Service during which the Company will provide and Customer will accept and pay for the Service described therein. Service Order: The standard Company order form(s), in effect from time-to-time, or Customer s forms accepted in writing by an authorized representative of the Company for Service that shall enable the Company to provide Service. Special Access Surcharge: A charge imposed by the Local Exchange Companies in accordance with Section 69.115 of the FCC Rules and Regulations. State: State refers to the State of Idaho. Subscriber: The Subscriber is a person or legal entity that subscribes to service(s) from the Company and thereby assumes responsibility for the payment of charges and compliance with the Company s Tariff regulations. Switched Access: A transmission line that is switched through the LEC or CLEC to reach the long distance network. Switched access arrangements are only available from the subscriber local telephone company. Switched Services(s): Any Services that are not Data Service as defined herein which use message switches to share inter-switch transport. 1 Digital Service: 1 Digital Service , also called T-1, is a digital link between two points. This link typically transmits at speeds of 1.544 Megabits per second. In most cases , this service allows twenty-four access paths between any two points. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 16 Issued: May 23 , 2003 Effective: June 4, 2003 SECTION 1'- DEFINITIONS AND ABBREVIATIONS Third Party Vendor: A company, entity or individual, other than the Company, designated by the Company that provides the facilities and/or the equipment required to provide Service(s). TLC: Termination Liability Charge. A charge which applies when the Customer cancels Service prior to the expiration date of a term plan agreement for Data Service(s). WTN: Working Telephone Number. Idaho Public Utilities Commissiol1 Office of the Secretary ACCEPTED FOR FlUNG JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 17 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Undertaking of the Company The Company s services are offered for intrastate InterLATA and IntraLATA telecommunication services originating and terminating within the State under terms of this Tariff. Services are offered subject to the availability of facilities and the terms and conditions of this Tariff. The Company resells the services of facility-based carriers subject to the terms of any applicable interstate offering or arrangement between the DUC and the Company. The Company shall not be deemed- to have waived or impaired any right, power requirement or option reserved by this Tariff (including, without limitation, the right to demand exact compliance with every term and condition herein), by virtue of any custom or practice of the Company at variance with the terms hereof, or any failure, refusal or neglect of Company to exercise any right under this Tariff or to insist uPQn exact compliance with its terms , or any waiver, forbearance delay, failure or omission by Company to exercise any right, power or option hereunder. Limitations Service is offered subject to the availability of facilities , equipment, or systems the Company s ability to fulfill the request for Service and the provisions of this Tariff. Service is not offered where operating conditions do not permit. The Company reserves the right, without incurring liability, to refuse to provide Service, to or from any location where the necessary facilities, equipment systems , billing agreements, and/or switch software are not available. In case a . shortage of facilities exists at any time, either for temporary or protracted periods the establishment of Switched Services shall take precedence over the establishment of private line Services. All Services provided according to this Tariff are interstate Services. International and intrastate service is available on an add-on basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4,- 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 18 Issued: May 23 2003 Effective: June 4 2003 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) 3 A third party call is any call charged to a number other than that of the called or calling party. The Company reserves the right to refuse to process a third party call when acceptance of charges at the third number cannot be confirmed. 2.4 Without incurring liability, the Company reserves the right to discontinue Service or to limit the use of Service , when necessitated by conditions beyond the. Company s control, or when the Customer or End User is using Service in violation of the law or in violation of the provisions of this Tariff. Pursuant to Rule 303 of the Telephone Customer Relation Rules of the Commission , the Company may, without notice, terminate Service without liability include, but are not limited to: (A)Dangerous Conditions - 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. (B)Ordered To Terminate Service - The Company is ordered to terminate Service by any court, the Commission, or any other duly authorized publicauthority. (C)Services Obtained Illegally - The Service(s) were obtained , diverted or used without the authorization or knowledge of the Company. (D)Customer Unable to be Contacted - The Company has tried diligently to meet the notice requirement of Rule 304 of the Telephone Customer Relation Rules of the Commission , but has been unsuccessful in its attempt to contact the Customer affected. (E)Misrepresentation of Identity - The Customer has misrepresented the Customer s identity for purposes of obtaining Service and has no or an inadequate security deposit on file the Company and has an outstanding bill exceeding one hundred ($100). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Iki.iio. J;J'1ho Idaho P.C. No. Original Page 19 NorVergence , Inc. Peter J, Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) Conditions under which the Company may, with notice, terminate Service without liability include, but are not limited to: (A)use of invalid or unauthorized telephone numbers, or Credit Card numbers; (B)failure to pay for or provide assurances of, or security for, the payment of the Company s charges as per Section 2.1 or Section 2.2 of this Tariff; (C)non-payment of any sum owed the Company by the due date printed on the bill; or (D)if there is a reasonable risk that criminal, civil or administrative proceedings or investigations based upon the transmission contents shall be instituted against the Company. (E)Failure to meet specific program provisions; or (F)Any reasonable business reason; or (G)Failure to need the Company s credit extension policy; or (H)The Company is selling, transferring, or ending the business Initial and continuing Service is offered subject to the availability of necessary facilities and/or equipment, including those to be provided by other companies furnishing a portion of the Company s Service(s). IIlaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 20 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) Service is furnished subject to the condition that there will be no abuse or fraudulent use of the Service. Abuse or fraudulent use of Service includes , but is not limited to: (A)Service that is used by the Customer or End User to frighten, abuse torment, or harass another; or (B)Service that is used by the Customer or End User in a manner which interferes with the use of Service by one or more other Customers; or (C)Service that is used by the Customer or End User to place calls by means of illegal equipment, service, or device; or (D)Service that is used by the Customer or End User to transmit a message or to locate a person or otherwise to give or obtain information, without payment of the applicable charge. The Company failure to give notice of default, to enforce or insist upon compliance with any ofthe terms or conditions herein , to grant a waiver of any term or conditions herein, or to grant the Customer an extension of time for performance, will not constitute the permanent waiver of any such term or condition herein. Each of the provisions of this Tariff will remain, at all times , in full force and in effect until modified in writing, signed by the Company and Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise. Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 21 Issued: May 23 2003 Effective: June 4 2003 SECTION 2 ~ RULES AND REGULATIONS Limitations On Service (continued) 10 The Company may rely on third parties to provide a portion of the Company Service. The selection of the Third Party Vendors is made by the Company. The Company reserves the right to change Third Party Vendors at any time. 11 The Company reserves the right, without incurring liability, to refuse to provide Service to or from any location where the necessary facilities and/or equipment are not available. 12 Recording of telephone conversations provided pursuant to the Company Service under this Tariff is prohibited except as authorized by applicable federal state, and local laws. 13 All outbound Services requiring Switched Access to reach the long distance network are only available to Customers located in those exchanges that have Equal Access. 14 The Company, when acting at the Customer s request and as its authorized agent for ordering Local Access , will make reasonable efforts to arrange for service requirements such as special routing, route diversity, alternate access, or Circuit conditioning. 15 Service begins on the date that billing becomes effective and is provided on the basis of a minimum period of at least one month, 24 hours per day. For the purposes of computing charges in this Tariff, a month is considered to have 30 days. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING J U N 4 ,- 2003 Boise, Idaho ,-. _. --, NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 22 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitations On Service (continued) 16 The Company, when acting at the Customer s request and , as its authorized :agent, will make reasonable efforts to arrange for Service requirements such as special routing, Route Diversity, Alternate Access, or Circuit conditioning. 17 The Company may deny a request for Service to be provided by means of a cellular telephone, where such request poses , in the sale judgment of the Company, operational, technical or billing difficulties. If the Company finds that service has been established to a cellular telephone, it may, upon reasonable notice to the Customer, discontinue such service where continued provision of such service poses. in the sole judgment of the Company, operational, technical or billing difficulties. 18 Reserved for future use. 19 The Company reserves the right to refuse Service to any Applicant who is found to be indebted to the Company for Service previously furnished until satisfactory arrangements have been made for the payment of such indebtedness. 20 If Service is established and it is subsequently determined that the condition described in Section 2.19 of this Tariff exists , the Company may suspend or disconnect Service on five (5) days written notice until satisfactory arrangements have been made for the payment of prior indebtedness, 21 For Customers that utilize Data Services for voice transmission, the Company does not provide echo suppression and does not guarantee the quality of the Circuit when used for voice transmission. Ia/aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 23 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS LImitation of Liability The Company s liability will be limited to that expressly assumed in Sections 2,1 through 22 of this Tariff in connection with the provision of Service to Customer. In the event an error or omission is caused by the gross negligence of the Company, the liability of the Company shall be limited to and in no event exceed the lesser of (a) the actual monetary damages incurred and proved by the Customer, or (b) the sum of $1 ,OOD.OO. The liability of the Company for damages arising out of mistakes. omissions interruptions, delays, errors or defects occurring in the course of providing Service(s) with a usage-sensitive rate structure, where such damages were not caused by the Company s willful misconduct, will in no event exceed an amount equivalent-to the initial period charge to the Customer for the call during which such mistake. omission. interruption . delay, error or defect occurred. The Company shall not be liable for damages caused by the negligence or willful misconduct of the Customer, The Company will not be liable to the Customer for damages or statutory penalties or be obligated to make any adjustment, refund or cancellation of charges unless the Customer has notified the Company in writing of any dispute concerning charges , or the basis of any claim for damages, within sixty (60) calendar days after an invoice is rendered by the Company for the call giving rise to such dispute or claim. Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customer s claim or demand. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boisf'.. Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 24 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) 3.4 Interruptions, delays , errors , or defects caused by or contributed to , directly or indirectly, by act or omission of the Customer or its customers, affiliates, agents contractors , representatives, invitees , licensees, successors , or assignees or which arise from, or are caused by, the use of facilities or equipment of Customer or related parties , will not result in the imposition of any liability whatsoever upon the Company. The Customer will pay to the Company any reasonable costs expenses, damages , fees or penalties incurred by the Company as a result thereof. In addition , a portion or all of the Service may be provided over facilities of third parties. The Company will not be liable to the Customer or any other person, firm, or entity in any respect whatsoever arising out of defects caused by such third parties. The Company s liability, if any, with regard to the delayed installation of facilities or commencement of Service will not exceed $1 000. With respect to Service provided hereunder , the Company hereby expressly disclaims, without limitation , all warranties not stated in this Tariff, whether express , implied or statutory, and in particular disclaims all implied warranties of merchantability and of fitness for a particular purpose. No contractors , agents or employees of connecting, concurring or other participating carriers or companies will be deemed to be contractors , agents or employees of the Company without the Company s written authorization. Under no circumstances whatsoever will the Company s officers, agents , or employees be liable for any damages, including but not limited to direct , indirect actual , consequential, special, or punitive damages, or lost profits. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J, Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 25 Issued: May 23, 2003 Effective: June 4 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) The Company will not be liable for any failure of performance hereunder due to causes beyond its control including, but not limited to: (A)Unavoidable interruption in the working of transmission facilities; or (B)Natural disasters such as storms , fire , flood, or other catastrophes; or (C)Any law, order, regulation, direction, action or request of the United States Government, or any other governmental entity having jurisdiction over the Company or of any department, agency, commission , bureau , corporation or other instrumentality of anyone or more of such governmental entity, or of any civil or military authority; or (D)National emergencies, insurrections, riots, rebellions, wars, strikes lockouts, work stoppages, supplier failures, shortages, breaches or delays or other labor difficulties; or (E)Notwithstanding anything in this Tariff to the contrary, the unlawful acts of individuals , including acts of the Company s agents and employees committed beyond the scope of their employment; or (F)Explosions, vandalism , cable cut or other similar occurrences; or (G)Preemption of existing Services to restore Service(s) in compliance with part 64, Subpart 64, Subpart 0, Appendix A, of the F.C.'s rules and regulations; or (H)Any failure to provide or maintain Service under this Tariff due to circumstances beyond the Company s control. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 26 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) The Company will use its best efforts to provide Services consistent with industry standards. The Company will have no liability to the Customer for any loss of revenue , profits, or any other direct, special , incidental , consequential, or other damages the Customer may sustain resulting from the failure or inability of the Company to provide Service to its Customers; negligent or defective Services to Customers; equipment, computer, network , or electrical malfunctions of any kind breakdowns, or outages; or any other cause, whether or not within the control of the Company. 10 In the event the Company learns of actual or possible unauthorized , fraudulent or unlawful use of any Company Services , the Company will make an effort to contact the Customer, but Service may be blocked without notice and without liability to the Company. Service may be suspended by the Company without incurring liability by Blocking all calls or by Blocking calls to or from certain NPA- NXXs, certain countries, cities, or individual telephone stations for any Service offered under this Tariff. Service will be restored as soon as it can be provided without undue risk and only after accounts have been brought current. 11 The Company does not undertake to transmit messages but furnishes the use of its Services to its Customers for telecommunications. The Company is not liable for the content of the Customer s messages. 12 The Company may rely on Third Party Vendors for the performance of certain Services such as Dedicated Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company will act as agent for the Customer in obtaining such other Services. Customer s liability for charges hereunder will not be reduced by untimely installation or non-operation of Customer-provided facilities and equipment. Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4- 2003 Boise, Idaho . " NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 27 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) 13 The Company will not be liable for: (A)Any act or omission of any other company or companies furnishing a portion of the Service or furnishing facilities or equipment associated with such Service. (B)Damages caused by the fault or negligence or willful misconduct of the Customer or End User. (C)Any failure to provide or maintain Service under this Tariff due to circumstances beyond the Company s reasonable control. (D)Any direct, indirect, consequential, special , actual , or punitive damages, or for any lost revenues or profits of any kind or nature whatsoever arising out of any furnishing of, or interruption in , Service provided hereunder. Under no circumstances whatsoever will the Company s officers , agents, or employees be liable for such damages or lost revenue or lost profits. (E)Any indirect, incidental, special or consequential damages, lost revenue or lost profits of any kind , even if Company is advised of the possibility of the same. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street , 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 28 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) 13 (continued) (F)The use or abuse of any Service described herein by any party including, but not limited to, the Customer or End User. Use or abuse includes, but is not limited to, any calls placed by means of PBX-reorigination or any other legal or illegal equipment, service, or device. Compensation for any injury the customer may suffer to the fault of third parties must be sought from such other parties. Compensation for any injury the Customer may suffer due to the fault of third parties must be sought from such other parties. (G)Any action , such as Blocking or refusal to accept certain calls, that Company deems necessary in order to prevent unauthorized , fraudulent or unlawful use of its Service. Compensation for any injury the Customer may suffer due to the fault of parties other than the Company must be sought from such other parties. (H)The Company will not be liable for any claim where the Customer indemnifies the Company pursuantto Section 2.5 of this Tariff. In the event parties other than the Customer (e., authorized or unauthorized End Users) has use of the Service directly or indirectly through the Customer then Customer agrees to forever indemnify and hold the Company and any affiliated or unaffiliated Third Party Vendor or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands suits, actions , losses, damages, assessments or payments which may be asserted by said parties. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise. Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 29 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) The liabilities of the Company for damages arising out of mistakes, omissions interruptions, delays, errors or defects occurring in the course of furnishing service hereunder and not caused by the negligence or intentional acts of the Customer shall in no event exceed an amount equivalent to the initial period charge for such Service. If the Company s failure of performance is thirty-five (35) days or less, Service shall not be subject to cancellation. Rather, an appropriate percentage of charges for the directly affected Service shall be abated for such Service interruption. If the Company s failure of performance is for more than thirty-five (35) days, then the directly affected Service may be canceled by either the Company or the Customer without liability other than the Customer s liability for payment for said Service provided prior to cancellation. 17 The Customer is responsible for taking all necessary legal steps for interconnecting the Customer-provided terminal equipment with Company- designated facilities. The Customer is responsible for taking all necessary legal steps for interconnecting the Customer-provided terminal equipment with Local Access. In addition , the Customer shall comply with applicable Local Access Provider s signal power limitations and requirements. 18 The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein , or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all times in full force and effect until modified in writing. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG JUN 4 - 2003 Boise. idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 30 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) 19 The Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever as a result of mistakes, accidents, errors omissions , interruptions , delays , or Defects in Service (collectively "Defects" or Defective Service ). Defects caused by or contributed to, directly or indirectly, by act or omission of Customer (including Authorized Users) or Customer customers, affiliates, agents , representatives , invitees , licensees, successors or assigns or which arise from or are caused by the use of facilities or equipment of Customer or related parties shall not result in the imposition. of any liability whatsoever upon the Company, and Customer shall pay to the Company any reasonable costs, expenses , damages, fees or penalties incurred by the Company as a result thereof, including costs of Local Access Providers' labor and materials. 20 All or a portion of the Service may be provided over facilities of third parties , and the Company shall not be liable to Customer or any other person , firm or entity in any respect whatsoever arising out of Defects caused by such third parties. Company shall not be liable for any direct, indirect , consequential , special actual, punitive or any other damages, or business interruption , or for any lost profits or lost revenues of any kind or nature whatsoever arising out of any Defective Service or any other cause. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, 1 daho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No, 1 Original Page 31 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Limitation of Liability (continued) In the event of an interruption in Service , any Defect in the Service whatsoever or a failure to perform under this Tariff, neither Company nor any Third Party Vendor or operator of facilities employed in the provision of the Service shall be liable for any direct, indirect, consequential , special , actual , punitive or any other damages , or for any lost profits or lost revenues of any kind or nature whatsoever. 22 The Company may rely on Local Access Providers for the performance of services such as Local Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company may act as agent for Customer in obtaining such services such as Local Access. Customer liability for charges hereunder shall not be reduced by factors beyond the Company s control such as Customer-provided facilities and equipment. 2.4 Use of Service 2.4.1 The Company s Services are available for use twenty-four hours per day, seven days per week. Unless otherwise restricted herein , Customers may use the Company s Service(s) to place and/or receive interstate calls. 2.4.The Service offered herein may be used for any lawful purpose, including residential , business, governmental, or other use. The Customer is liable for all obligations under this Tariff not withstanding any sharing or resale of Services and regardless of the Company s knowledge of same. The Company will have no liability to any person or entity other than the Customer and only as set forth herein. The Customer will not use nor permit others to use the Service in a manner that could interfere with Service provided to others or that could harm the facilities of others. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Baise. Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 32 Issued: May 23, 2003 Effective: June 4 2003 SECTION 2 - RULES AND REGULATIONS 2.4 Use of Service (continued) 2.4.Service furnished by the Company will not be used for any unlawful or fraudulent purposes including but not limited to use of electronic devices , invalid numbers and false credit devices to avoid payment for Service contained in this Tariff either in whole or in part. Service furnished by the Company may not be used to make calls that might reasonably be expected to frighten, abuse, torment, or harass another. The Service may not be used for any purpose for which any payment or other compensation is received by the Customer except when the Customer is an authorized communications common carrier, an authorized resale common carrier, or an enhanced or electronic service provider who has subscribed to the Company s Service. However, this provision does not preclude an agreement between the Customer, Authorized User, or Joint User to share the cost of the Service as long as this arrangement generates no profit for anyone participating in a joint use or authorized use arrangement. 2.4.4 Service furnished by the Company may be arranged for joint use or authorized use. The Joint User or Authorized User will be permitted to use such Service in the same manner as the Customer, but subject to the following conditions. (A)The Customer must complete and provide to the Company all Service agreements and/or other documentation required by the Company to initiate Service. (B)One Joint User or Authorized User must be designated as the Customer. The designated Customer does not necessarily have to have communications requirements of its own. The Customer must specifically name all Joint Users or Authorized Users in the application for Service. Service Orders that involve the start, rearrangement or discontinuance of joint use or authorized use of Service will be accepted by the Company only from that Customer and will be subject to all requirements of this Tariff. Idaho Pl~blic Utilities Commission. Office of the Secretary ACCEPTED FOR FILING JUN 4,- 2003 Boise. Idaho NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 33 Issued: May 23, 2003 Effective: June 4, 2003 2.4 SECTION 2 - RULES AND REGULATIONS Use of Service (continued) 2.4.4 (continued) (C)All charges for the Service will be computed as if the Service were to be billed to one Customer. The Joint User or Authorized User that has been designated as the Customer will be billed for all componenJs of the Service and will be responsible for all payments to the Company. If designated Customer fails to pay the Company, each Joint User or Authorized User will be liable to the Company for all charges incurred as a result of its use of the Company s Service. Each joint or Authorized User must submit to the designated Customer a letter guaranteeing payment for the joint or Authorized User s portion of all charges billed by the Company to the designated Customer. This letter must also specify that the joint or Authorized User understands that the Company will receive a copy of the guaranty from the designated Customer. The designated Customer will be responsible for allocating charges to each Joint User or Authorized User. (D)Joint use is a Service/billing allocation arrangement and not resale arrangement. Neither the Customer nor any Joint User nor any third party engaged by either of them in connection with a joint use agreement or arrangement may mark up Service or otherwise profit from the joint use agreement or arrangement. 2.4.If the Company reasonably concludes that Customer-provided equipment does not pass back appropriate answer supervision to the long distance network , the Company will notify the Customer. If the Customer cannot correct the problem and if Customer-provided equipment continues to provide inappropriate answer supervision to the long distance network, the Company reserves the right to suspend or terminate the Customer s Service. The Company will give the Customer five (5) days' written notice of its intent to terminate Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG J U N 4 ,- 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 34 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS 2.4 Use of Service (continued) 2.4.From time to time, the Company may grant credits against usage or monthly recurring or non-recurring charges in an amount not to exceed $1 000 per Customer or account per monthly billing period whenever the Company determines in its sole discretion that such credit is warranted due to considerations involving the delivery of past service to the Customer or account receiving the credit. 2.4.The Customer will be billed directly by the LEC or CAP or any other authorized access provider for the Dedicated Access arrangements selected by the Customer for the provisioning of certain Switched Services. At the Customer request, the Company may act as agent in the ordering of such arrangements. In instances where the Company orders such arrangements as an agent for the Customer, the Company will bill the Local Access charges to the Customer. 2.4.Upon nonpayment of any sum owing to the Company, or upon a violation of any of the provisions governing the furnishing of Service under this Tariff, the Company may, upon written notification to the Customer, without incurring any liability, immediately discontinue the furnishing of such Service. The Customer will be deemed to have canceled Service as of the date of such disconnection and will be liable for any cancellation cha~ges set forth in this Tariff. If the Customer uses 10XXX or other carrier access codes once the Customer account has been canceled by the Company, the Customer is a Customer of the DUC, not the Company; provided that where the Company has a Carrier Identification Code (CIC) separate from that of the DUC and the Customer uses 1 0 XXX or similar means to access that CIC, the Customer remains a Customer of the Company if the agreement between the Company and the DUe so provides. liaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 35 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer The Customer will indemnify, defend , and hold the Company harmless from and against: (A)Any claim asserted against the Company (and all attorney fees and expenses incurred by the Company with respect thereto) arising out of or relating to the failure of the Company to provide Service to the Customer. (B)Any and all liabilities , costs , damages, and expenses (including attorney fees), resulting from Customer s (or its employees , agent's or independent contractor s) actions hereunder, including, but not limited to breach of any provision in this Tariff, misrepresentation of Company Services or rates, or unauthorized or illegal acts of the Customer or its End User, its employees agents, or independent contractors. (C)Claims for libel, slander infringement of patent or copyright, or unauthorized use of any trademark, trade name, or service mark arising out of Customer s or End User s material, data, information, or other content transmitted via Service. With respect to claims of patent infringement made by third persons , the Customer shall defend, indemnify, protect and save harmless the Company from and against all claims arising out of the combining with, or use in connection with , the Service(s) provided under this Tariff, any Circuit, apparatus, system or method provided by the Customer. (D) . Violation by Customer or End User of any other literary, intellectual, artistic dramatic, or musical right. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4- 2003 Boise, Idaho Idaho P,C. No. Original Page 36 NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street. 3rd Floor Newark. NJ 07102 Issued: May 23 , 2003 Effective: June 4 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 1 : (continued) (E)Violations by Customer or End User of the right to privacy. (F)Any other claims whatsoever relating to, or arising from. message content or the transmission thereof. (G)All other claims arising out of any act or omission of the Customer or End User in connection with Service provided by the Company. (H)Any. loss, claim. demand, suit. or other action, or any liability whatsoever. whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to , 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 directly or indirectly by the provision of Service, whatever the cause and whether negligent or otherwise. (I)Reserved for future use, (J)Claims of patent infringement arising from combining or connecting Channels with equipment and systems of the Customer or Authorized Users. idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4.2003 Boise. Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 37 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) (continued) (K)Defacement of, or damage to, the Customer s Premises resulting from the furnishing, installation, and/or removal of Channel facilities or the attachment of instruments, equipment and associated wiring on or from the Customer s Premises. (L)Claims arising out of the use of Services or Company-Provided equipment in an unsafe manner (such as use in an explosive atmosphere) or the negligent or willful act of any person other than the Company. (M)Any suits , claims, losses or damages, including punitive damages , attorney fees and court costs by third persons arising out of the construction installation, operation, maintenance , or removal of the Customer s Circuits, facilities , or equipment connected to Services. This includes without limitation , Workmen s Compensation claims , actions for infringement of copyright and/or unauthorized use of program material, libel and slander actions based on the content of communications transmitted over the Customer Circuits, facilities or equipment, and proceeding to recover taxes, fines , or penalties for failure of the Customer to obtain or maintain in effect any necessary certificates , permits, licenses, or other authority to acquire or operate Service(s). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING . JUN4-2003 Boise, Idaho --",. NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street; 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 38 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) continued) (N)Any and all liabilities, costs , damages, and expenses (including attorney fees), resulting (1) from Customer (or its employee agent's or independent contractor s) actions hereunder, including, but not limited to breach of any provision in this Tariff, misrepresentation of Company Services or prices to End Users of Customers , or unauthorized or illegal acts of the Customer, its employees, agents, or independent contractor. If a Customer directly or indirectly authorizes third parties to use the Service, the Customer will indemnify and hold the Company harmless against any and all claims asserted by said party, demands, suits , actions , losses, damages assessments or payments which may be asserted or demanded by said parties or by others as a result of said parties' actions or omissions. The Company s failure to provide or maintain Service under this Tariff will be excused by the Customer for all circumstances beyond the Company reasonable control. 5.4 The Customer will indemnify and save the Company harmless from any and all liability not ~xpressly assumed by the Company in Section 2.3 of this Tariff and arising in connection with the provision of Service to the Customer, and will protect and defend the Company from any suits or claims alleging such liability, and will pay all expenses (including attorneys' fees) and satisfy all judgments which may be incurred by or rendered against the Company in connection therewith. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C, No, 1 Original Page 39 Issued: May 23, 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) The Customer Is responsible for payment for all calls originated at the Customer s number(s), accepted at the Customer s number, or incurred at the specific request of the Customer, The Customer is responsible for paying for all Services the Company provides to or from the Customer s number(s), regardless of whether the Customer s facilities were fraudulently used or used without Customer s knowledge in full or in part. These responsibilities are not changed due to any use, misuse or abuse of the Customer s Service or Customer- . provided equipment by third parties , the Customer s employees or the public. The termination or disconnection of Service(s) by the Company pursuant to Sections 2., 2., and 2.20 of this Tariff or if the Customer cancels Service pursuant to Section 2.19 of this Tariff, does not relieve the Customer of any obligations to pay the Company for charges due and owing for Service(s) furnished up to the time of termination or disconnection. The remedies set forth herein will not be exclusive and the Company will at all times be entitled to all rights available to it under either law or equity. The Customer is responsible for taking all necessary legal steps for Interconnecting Customer-provided terminal equipment with the long distance network. The Customer will ensure that the signals emitted into the long distance network do not damage Company-Provided equipment, injure personnel, or degrade Service to other Customers or other users of the long distance network. The Customer is responsible for securing all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection, In addition , the Customer will comply with applicable LEG signal power limitations. Igaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise, Idaho NorVergence , Inc. Peter J, Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 40 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) The Customer will be responsible for the payment of all charges for Services provided under this Tariff and for the payment of all excise, sales , use, gross receipts or other taxes that may be levied by a federal , state, or local governing body or bodies applicable to the Service(s) furnished under this Tariff unless specified otherwise herein. Also see Section 2.17 of this Tariff for additional information regarding the Customer s obligations concerning taxes. The Customer will be liable for reimbursing the Company for damages to facilities or Company-Provided equipment caused by the negligence or willful acts of the Customer officers, employees, agents , contractors, or authorized or unauthorized End User(s). 10 If Service is terminated pursuant to Section 2., Section 2.6 or Section of this Tariff or if the Customer cancels Service pursuant to Section 2.19 of this Tariff, the Customer will be deemed to have canceled Service as of the date of such termination or cancellation and will be liable for any cancellation charges set forth in this Tariff. The Customer will indemnify and hold the Company harmless against any and all liabilities, costs, damages, and expenses resulting from claims by third parties that any calling card or PIN has been lost, stolen, or fraudulently issued or used; provided , however, that the Company will have no liability hereunder for special or consequential damages incurred by the Company. . If the Company is acting as an agent of the Customer for ordering Dedicated Access for the provision of Switched Service(s) and if the Customer is to be exempted from the monthly Special Access Surcharge charged by the Local Access Provider, it is the Customer s responsibility to provide the Company with an Exemption Certificate. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 41 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 13 If as a result of inaccurate information provided by the Customer, Circuits need to be moved , replaced, or redesigned , the Customer is responsible for the payment of all such charges. In the event the Company incurs costs and expenses caused by the Customer or reasonably incurred by the Company for the benefit of the Customer, the Customer is responsible for the payment of all such charges. 14 If an entity other than the Company (e.g. another carrier or supplier) imposes charges on the Company in connection with service provided to a specific Customer and those charges are not specifically listed in this Tariff, those charges will be billed to the Customer on a pass-through basis. The Customer responsible for payment of such charges. 15 The Customer is responsible for the payment of all charges for Service(s) provided under this Tariff and for the payment of all assessments, duties, fees surcharges , taxes , or similar liabilities whether charged to or against the Company or the Customer. This includes but is not limited to amounts the Company is required by governmental , quasi-governmental , or other entities to collect and/or to pay to designated entities. The Company may adjust its rates and charges or impose additional rates and charges on its Customer in order to recover these amounts. Unless specified otherwise herein, if an entity other than the Company (e., another carrier or supplier) imposes charges on the Company' in connection with a Customer s Service, that entity s charges may be passed through to the Customer. The Customer is responsible for the payment of all such charges. 16 A Customer shall not use any service mark or trademark of the Company or refer to the Company in connection with any product, equipment, promotion, or publication of the Customer without prior written approval of the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING J U N 4.- 2003 Boise, Idaho "-'" ..-.. . NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P,C. No. Original Page 42 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 17 In the event suit is brought or an attorney is retained by the Company to enforce the terms of this Tariff, the Customer shall reimburse the Company, in addition to any other remedy, for attorneys' fees , court costs, costs of investigation , and other related expenses incurred in connection therewith. 18 Data Services (A)The Company will accept orders from an agent appointed by the Customer. An agency appointment must be sent to the Company in writing. If directed by the Customer, the bill for the Data Service will be sent to the agent and issued in the name of the Customer, in care of the agent. Regardless of the authority the Customer has given the agent to act on behalf of the Customer, the Customer retains responsibility for compliance with Tariff regulations and any act or omission of the agent. (B)When Company or Third Party Vendor personnel must install , repair maintain, program, inspect, remove equipment associated with the provision of the Service or implement changes the Customer has ordered, the Customer is responsible for arranging access to its premises at times mutually acceptable to the Company or the Third Party Vendor. impairment may only be evident at certain times (e., a certain hour of the day). In such cases, Customer must make Service available for testing during the same time periods the trouble condition is to be corrected. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise. Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 43 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 18 Data Services (continued) (C)The Customer must pay the Company for replacement or repair of Service when damage to Company-Provided equipment and/or facilities results from the negligence or willful act of the Customer or End User or improper use of Service by the Customer or End User. After receipt of payment for the damages, the Company will cooperate with the Customer in its claim against any third party causing damage to Service. (D)The Customer shall comply with the minimum protective criteria generally accepted in the telephone industry and other appropriate criteria as may be prescribed by the Company. The Customer shall ensure that: its equipment and/or system is properly interfaced with the Company-Provided equipment and facilities; and the signals emitted into the long distance network are the proper mode, Bandwidth , power, and signal level for the intended use of the Customer; and the signals do not damage Company-Provided equipment and/or facilities, injure Company or Third Party Vendor personnel, or degrade Service to other Customers. If the F.C. or another appropriate certifying body certifies terminal equipment as being technically acceptable for direct electrical connection with interstate communications Service, the Company will permit such equipment to be connected with the Channels without the use of protective interface devices. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4,2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 44 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 18 Data Services (continued) (E)If the Customer fails to maintain its equipment and/or its system properly and this results in harm to: Company-Provided equipment or facilities, or Company s or Third Party Vendor s personnel, or quality of Service to other Customers of the Company, or quality of Service to subscribers of a Third Party Vendor providing a portion of Service, the Company may, upon written notice , require the use of protective equipment by the Customer at the Customer s expense. If this fails to produce satisfactory quality and safety, the Company may terminate the Customer s Service without liability. (F)The Customer is responsible for reimbursing the Company for charges incurred for special construction and/or special facilities that were ordered by the Company on the Customer s behalf at the Customer s request. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 45 Issued: May 23,2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 18 Data Services (continued) (G) (H) (I) The Customer must pay the Company for replacement or repair of damage to Company-Provided equipment or facilities if caused by: the negligence or willful act of the Customer, End Users , or others; or the improper use of Services; or the use of equipment provided by Customers or End Users. In the event the Company incurs costs and expenses caused by the Customer or reasonably incurred by the Company for the benefit of the Customer, the Customer is responsible for the payment of all such charges. The Customer shall indemnify and hold the Company and its affiliates harmless against and from any court, administrative or agency action , suit or similar proceeding brought against Company and/or any affiliate of the Company for: claims arising out of or related to the contents transmitted via the Services (whether over the Company s or Third Party Vendor network or over Local Access Circuits) including, but not limited to claims , actual or alleged , relating to any violation of copyright law export laws, failure to procure necessary auth authorizations clearances or consents, failure to meet governmental or other technical broadcasts standards , or claims that such transmission contents are libelous, slanderous, an invasion of privacy, pornographic , or otherwise unauthorized or illegal; Idaho P~blic Utilities Commissioil Of lice of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003 Poise. Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 46 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 18 Data Services (continued) (I)(continued) patent infringement claims arising from combining or connecting the Service with equipment and systems of the Customer or Authorized Users; all other claims arising out of any act or omission of the Customer or Authorized Users in connection with any Service provided by the Company; defacement of, or damage to, the premises of Customer and Authorized Users resulting from the installation , and/or removal of facilities or the attachment of instruments , equipment and associated wiring on or from the Customer s Premises. No agents or employees of other participating carriers shall be deemed to be agents or employees of the Company; and claims arising out of the use of Services or associated equipment an unsafe manner (such as use in an explosive atmosphere) or the negligent or willful act of any person other than the Company, its agents , or employees. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4 - 2003 Boise, Idaho .-.----. NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 47 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) 18 Data Services (continued) (J)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 the Customer or by any other party or persons, for any personal injury to, 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 directly or indirectly by the installation operation, failure to operate, maintenance, removal , presence, condition location or use of Service or equipment and facilities of Company associated with the Service , unless such installation , operation , failure to operate, maintenance, condition, location or use is the direct result of the Company s knowing and willful misconduct. In the event parties other than Customer (e., Customer s customers or Authorized Users) shall have use of the Service directly or indirectly through Customer, Customer shall forever indemnify and hold Company and any Third Party Vendor or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands suits, actions , losses , damages , assessments or payments which may be asserted by said parties arising out of or relating to any Defects or any claims. Idaho Public Utiliti€s Commission Office of the Secretary ACCEPTED FOR FiLING JUN 4 - 2003 BOise, idaho Idaho P.C. No. Original Page 48NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street. 3rd Floor Newark , NJ 07102 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Obligations of the Customer (continued) Data Services (continued) (K) Customer agrees to defend the Company against the claims as set forth in Section 2.18 of this Tariff and to pay all reasonable litigation costs, attorneys' fees, court costs, settlement payments , and any damages awarded or resulting from any such claims. (L) The Customer agrees to operate any Company-Provided equipment in accordance with instructions of the Company or the Company s agent or designee. Failure to do so shall void any Company liability for interruption of Service and may make Customer responsible for damage to equipment. (M) Facilities utilized by the Company or a Third Party Vendor to provide Service under the provisions of this Tariff remains the property of the Company. Customer agrees to return to the Company or authorized Third Party Vendor all Company-Provided equipment within five (5) days termination of the Service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company (e., the cost of the equipment) due to Customer failure to comply with this provision. (N) The Customer shall be solely responsible , at its own expense, for the overall design of Service and for any redesigning or rearrangement of Service which may be required because of changes in facilities, operations or procedures of the Company. minimum protection criteria or operating or maintenance characteristics of the facilities. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 49 Issued: May 23,2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Application For Service To obtain Service, the Company requires the Customer to provide the Company with whatever authorization the Company deems appropriate and that complies with the rules of the Commission. Upon the Company s acceptance of this authorization , all applicable provisions in the Company s Tariff, as amended from time-to-time , become the agreement for Service between the Company and the Customer. Acceptance use of Service offered by the Company shall be deemed an application for such Service and an agreement by the Customer to subscribe to, use, and pay for such Service in accordance with this Tariff. The Applicant may be required to establish credit satisfactory to the Company as provided in Paragraph 2. Establishment of Credit Applicant For all services, the Company reserves the right to require all Applicants to establish credit worthiness to the reasonable satisfaction of the Company. Upon receipt of the signed application , the Applicant will be deemed to have authorized the Company to obtain such routine credit information and verification as the Company requires. In the case of a business Customer, the Company may, at its discretion, require personal guarantees from the Customer s owners or officers of all Customer s liabilities and obligations to the Company. In the case of refusal to establish Service, the Company shall notify the Applicant in writing of the reason for such refusal. Customer If the conditions of Service or the basis on which credit was originally established have materially changed , an existing Customer may be required to establish additional credit. The Company reserves the right to examine the credit record and check the references of any Customer at any time. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 -2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 50 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Customer Deposits I Advance Payments Customer Deposits (A)General Any Applicant whose credit is not acceptable to the Company as provided in Section 2.7 of this Tariff may be required to make a deposit to be held by Company as a guarantee of payment for Service provided under this Tariff. In addition. an existing Customer may be required to make a deposit or to increase a deposit presently held by the Company if the conditions of Service or the basis on which credit was originally established have materially changed. (B)Amount of Deposit The amount of any deposit will not exceed the estimated charges for two months' Service. The Company will determine the amount of the deposit. (C)Interest on Deposits The Company will pay interest on deposits according to Commission rules. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4... 2003 Boise, Idaho NorVergence. Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 51 Issued: May 23 , 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS. Customer Deposits / Advance Payments (continued) Customer Deposits (continued) (D)Return of Deposit A deposit will be returned: When an application for Service has been canceled prior to the establishment of Service; or At the end of one year of satisfactory payments for Service; or Upon discontinuance of Service. Notwithstanding the foregoing, prior to the return, deposits will be applied to any outstanding charges to the Customer for Service, and only the excess, if any. will be returned. Reserved for future use. Idaho Public Utilities Commls$lon Office of the Secretary ACCEPTED FOR FILING J U N 4... 2003 Boise, !dahD NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street , 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 52 Issued: May 23 , 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Customer Deposits (continued) Reserved for future use (continued) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 53 Issued: May 23, 2003 Effective: June 4, 2003 Rendering Bill SECTION 2 - RULES AND REGULATIONS General (A)The Company uses cycle billing. The billing period is one (1) month. Except for fraud , charges may be assessed for unbilled traffic up to two (2) years in arrears. (B)The Company utilizes direct billing by the Company or an authorized billing agent. The Company may also utilize LEC billing or credit card billing. The availability of the billing option is controlled by the Company not the Customer. All billing options may not be available for a specific Service offering. (C)If a Customer presents an undue risk of nonpayment at any time, the Company may require the Customer to pay its bills in cash or the equivalent of cash. In the event the Company incurs fees or expenses including attorney s fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. (D)In instances where the Company orders Dedicated Access as an agent for the Customer, the Company will become the customer-of-record with the Local Access Provider. The Company will bill the Local Access charges to the Customer on a pass-through basis. Any credits issued by the Local Access Provider for service outages will be shown on the Customer invoice on a pass-through basis. (E)Where billing systems allow, Credit Card billing and automatic withdrawal from the Customer s checking or savings account are available. However if a Customer presents an undue risk of nonpayment at any time, the Company may require the Customer to pay its bill in cash or the equivalent of cash. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING J U N 4 ,- 2003 Boise, idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 54 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Rendering Bill ~continued) General (continued) (F)Monthly recurring charges for Service components are billed in advance of Service and reflect the rates in effect as of the date of the invoice (e. bills generated in January will cover the month of February). A Customer first invoice may contain charges from previous periods for Service provided from the date of installation through the current invoice period. An Applicant for Service may be required to pay in advance of the establishment of Service the applicable nonrecurring charges together with the fixed charges applicable for the first month. (G)For the purpose of computing partial-month charges , a month considered to consist of thirty days. If the Company has ordered Dedicated Access as an agent of the Customer, the Company will not cease billing the Special Access Surcharge until the Company receives the Exemption Certificate (as defined herein) from the Customer and the Local Access Provider acknowledges receipt of the Customer s Exemption Certificate. (H)Any Applicant for Service that was furnished Service under a former contract with the Company shall payor make satisfactory arrangements for paying any bill outstanding and unpaid for such Service, before any additional Service will be furnished. (I)In the event that the Company s ability to commence or to continue to provide Service in a timely manner is delayed or interrupted because of the non-performance by the Customer of any obligation set forth in this Tariff the Customer shall pay to the Company amounts equal to the monthly recurring charges which would have been paid had the Company been able to commence or to continue to provide Service. Idaho P~blic Utilities Commission Offlce 9f the SecretaiY PTED FOR FILING JUN 4 - 2003 Boise hhD NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 55 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Rendering Bill (continued) Direct Billing By Company And/Or Authorized Billing Agent (A)General Bills are sent to the Customer s current billing address no later than thirty (30) days following the close of billing. All bills will be in English. Call detail is available with the bill. Payment in full is due by the due date disclosed on the bill. Charges are payable only in United States currency. Payment may be made by check, money order, or cashier s check made payable as named on the bill and sent to the address as listed on the bill. If the bill is not paid within thirty (30) days from the invoice date, the Company may impose a late charge on the delinquent amount. A late charge applies to any past due balance. The Company may charge a late charge of 1.5% per month. The one-time penalty shall apply on the undisputed amount or on the disputed amount if a dispute is resolved in favor of the Company. When another telecommunications carrier provides the billing function on behalf of the Company, the other carrier late payment charge applies. Charges for any of the Company s Services will be direct-billed by the Company or an authorized billing agent. Customers subscribing to certain Services may elect or be required to receive a bill via electronic means. (B)Credit Card Billing With Credit Card billing, the charges for Services provided by the Company are billed on the Customer s designated and approved Credit Card. Charges are billed monthly in accordance with the terms and conditions between the Customer and the Customer s designated Credit Card company. Call detail will not be included in the Credit Card bill. Call detail will be provided by the Company in a separate mailing. Idaho Public Utiiities Commission Office of the Secretary ACCEPTED FOR FILING J U N 4 ,2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 56 Issued: May 23 , 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Rendering Bill (continued) Direct Billing By Company Or Authorized Billing Agent (C)Automatic Withdrawal From Checking or Savings Account If offered by the Company for certain Services and utilized by the Customer, the charges for Services provided by the Company are automatically debited to the Customer s designated checking account or savings account. Call detail will be provided by the Company in a separate mailing. Disputed Charges 10.The Company will not be required to consider any Customer claim for damages or statutory penalties , or adjustments, refunds , credits or cancellation of charges unless the Customer has notified the Company, in writing, of any dispute concerning charges, or the basis of any claim for damages, within sixty (60) calendar days after an invoice is rendered or a debit is effected by the Company for the call giving rise to such dispute or claim. 10.Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customers claim or demand. Such notice must be sent to the Company s Customer Service Department as per Section 2.11 of this Tariff. If the Customer is not satisfied with the Company resolution of a billing inquiry, the Customer may make application to the Commission for review and disposition of the matter. The Commission ' may be contacted at 472 W. Washington, Boise, 10 83720-0074, 1-800-432-0369. The Company will not terminate Service or collect interest on an amount that is dispute. 10.3 Failure of the Customer to participate in the Company s effort to resolve a dispute or claim will constitute a waiver of the Customer s rights to a continuance of Service. Idaho Public Utilities Commission Office of the SecretaryACCEPTED FOR FILING JUN 4 - 2003 BoiS?. Jozho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 57 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS 11 Customer Service Department Customer correspondence must be addressed to the attention of the Customer Service Department and sent to 550 Broad Street, 3rd Floor, Newark, NJ 07102. The Customer may also contact the Company s Customer Service Department by calling a toll free number. The Company s Customer Service address and toll free number are printed on the Customer s bill. For Customers subscribing to any of the Company s Calling Card Services, the Customer Service number is displayed on the card and provided in the information sent to the Customer with the calling card. For Customers using Credit Card billing or automatic withdrawal from the checking or savings account, the Company Customer Service address and toll free number are provided with the Customer s call detail. Customer Service representatives are available to assist with Customers inquiries from 8:00 AM to 5:00 PM , Eastern Time , Monday through Friday, excluding holidays. If a Customer calls Customer Service after hours, the call goes to a voice mail system or an answering machine. If the call is not an emergency, the answering machine takes a message for a return call. If the call is a service emergency, the Customer is referred to an 800/888 number that is answered twenty four hours per day, 365 days per year. Timing of Calls 12.Chargeable time ends when the calling Station hangs up thereby releasing the network connection. If the called Station hangs up but the calling Station does not, chargeable time ends when the network connection is released either by the automatic timing equipment in the telecommunications network or by the operator. Idaho Publii: Utilities Commission Office .of the Secretary ACCEPTED FOR FILING J U N 4 ,2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 58 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Changes to Rates and Charges The Company may adjust its current rates and charges for Services in accordance with Commission rules. 14 Changes to DUC The Company determines the DUC for any given Service and may change the DUC at any time. The Company will determine in its sale discretion whether any notice regarding any such changes will be provided to Customers and the form, content , and timing thereof. Changes to Service Offerings The Company reserves the right to add, change, or delete Services and/or DUCs at any time. Customer notice will be provided in accordance with Commission Rules. 16 Terminal Equipment Services may be used with or terminated in Customer-provided terminal equipment or Customer-provided communications systems such as a telephone set, PBX or key system.. Such terminal equipment shall be furnished and maintained at the expense of the Customer. The Customer is responsible for all costs at the Customer s Premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Service. When such terminal equipment is used, the equipment shall comply with applicable rules and regulations of the Federal Communications Commission, including but not limited to, Part 68. In addition, equipment must comply with generally accepted minimum protective criteria standards and engineering requirements of the telecommunications industry that are not barred by the Federal Communications Commission. . Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Id~b(1 NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 59 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Taxes , Surcharges, and Fees 17.General (A)In addition to the charges specifically pertaining to the Services , certain federal, state , and local surcharges, taxes, gross receipts , and fees will be applied to these Services. Examples of such programs include but are not limited to the Universal Service. These taxes , surcharges , and fees are calculated based upon the amount billed to the End User for Service(s). All federal , state, and local taxes, surcharges , and fees (Le., sales tax gross receipts tax, municipal utilities tax, etc.) are listed on the Customer invoices , and unless otherwise specified herein , are not included in the rates listed in this Tariff. The Company may impose a surcharge on its Customers to recover amounts it is required by governmental or quasi- governmental authorities to collect from or pay to others in support of statutory or regulatory programs. (B)Pending the conclusion of any litigation challenging a jurisdiction s or body s right to impose any assessments, duties, fees, surcharges, taxes or similar liabilities, the Company may elect to waive or impose and collect a charge covering such assessments , duties , fees , surcharges , taxes, or similar liabilities , unless otherwise constrained by court order or direction. All such charges will be shown as a separate line item on the Customer bill. If the Company has collected any assessments, duties , fees surcharges, taxes , or similar liabilities and any of the challenged assessments, duties, fees, surcharges , taxes, or similar liabilities are found to have been invalid and not enforceable , the Company will credit or refund such sums to each affected Customer if (1) the Company has retained such funds or (2) the Company has remitted such funds to the collecting jurisdiction or body and the funds have been returned to the Company Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN4- 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 60 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS 17 Taxes , Surcharges, and Fees 17.Tax Exemption Certificate (A)In order to be granted tax exempt status, a Customer claiming tax exempt status must provide the Company with copies of all tax exemption certificates and documents required by the Company at the time Service is ordered. New Customers are required to provide the requested documentation at the time Service is ordered. (8)Failure to provide the required documentation at the time Service is ordered will result in all taxes as noted herein being levied by the Company on the Customer s Service, and the Customer will be responsible for the payment of all such charges. At the Company s option , the Company may accord the Customer tax exempt status upon receipt of the required documentation after Service is ordered. However, the Customer will be billed for all applicable taxes and will be responsible for the payment of same until such time as the Company has ceased billing the applicable taxes. The Company is not liable for refunding the amount of the taxes paid by the Customer. The Customer is responsible for seeking refunds for such taxes from the appropriate taxing authority. (C)Failure to pay the appropriate taxes prior to tax exempt status being accorded by the Company will result in termination of Service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4,- 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 61 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Interruption of Service 18.Without incurring liability, the Company may interrupt the provision of Services at any time in order for tests and inspections to be performed to assure compliance with Tariff regulations and the proper installation and operation of Customer equipment and facilities and may continue such interruption until any items of non-compliance or improper equipment operation so identified are rectified. 18.2 To prevent possible unauthorized , fraudulent, or unlawful use of Service , the Company may initiate Blocking of all calls or Blocking calls to or from certain NPA-NXXs, cities, or individual telephone stations for any Service offered under this Tariff. Service will be restored as soon as it can be provided without undue risk and only after accounts have been brought current. 18.3 No credit for recurring monthly charges will be issued for outages less than twenty-four consecutive hours in duration or for any other circumstance including but not limited to cutoff, wrong number, or poor transmission. For Customers with Service subject to a monthly recurring charge, Service interruptions of greater than twenty-four (24) consecutive hours duration will receive a credit equal to the number of hours of Service interruption divided by 720 hours times the monthly recurring charge for the Service. 18.4 If the Customer desires a credit for any Service interruption , the Customer must contact the Company via telephone or in writing. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission by the Customer within the Customer s control , or is not in wiring or equipment, if any, furnished by the Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 62 Issued: May 23 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS Cancellation of Service By Customer 19.1 Cancellation of an Existing Service (A)Unless the Customer has signed a term plan agreement, the Company may require the Customer to give thirty (30) days' written or oral notice to the Company. Notice should be addressed to the Company s Customer Service Department. Cancellation of the Customer s Service will be effective when the Customer s account status is changed to inactive in the appropriate data base(s). (B)For rules and regulations regarding cancellation of a term plan agreement, see Section 2.25 of this Tariff. 19.2 Customer Cancels An Order For Special Facilities or Dedicated Access Arrangements Before Service Begins If a Customer (1) orders Service requiring special facilities dedicated to the Customer s use or requests that the Company order Dedicated Access arrangements as an agent of the Customer and (2) subsequently cancels its order before Service begins, before completion of the minimum Service period or before completion of some other period mutually agreed upon by the Customer and the Company, the Customer is responsible for all costs incurred expressly on behalf of the Customer by the Company including those costs the Company incurred as an agent of the Customer. If special construction has either begun or has been completed, but Service has not been provided at the time the Customer cancels Service , the Customer is responsible for all construction costs incurred by the Company on the Customer s behalf. Idaho jt~lic Utilities Commission ACCE '~e of the Secretary TED FOR FlUNG JUN 4 - 2003 Boise Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 63 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS 19 Cancellation of Service By Customer (continued) 19.3 Customer With Dedicated Access Cancellation of the Customer s Services will be effective when the DUC cancels the ANls submitted by the Company, or when the Customer s Dedicated Access facilities are moved to another IXC , as authorized by the Customer. 19.4 Cancellation by Non-Usage If billing records received from a DUC show that a Customer has had no usage with the Company, on one or more lines for a period of forty-five (45) days or more, the Company may conclude that the Customer has moved Service to another carrier, or disconnected Service , whereupon the Company may treat the Service with the Company as having been canceled by the Customer. In such event, the Company may inform the Customer of such treatment. In the event the Company so informs the Customer and the Customer does not notify the Company within seven (7) days that it does not wish to cancel and has not canceled Service with the Company, the Company may take all further steps necessary to complete the cancellation of Service. 19.5 Effect of Cancellation or Transfer of Customer Account When a Customer cancels Services , a termination fee may apply. Idaho P~bJjc Utilities Commission Office of the Secretary ACCEPTED FOR FiLlNG JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 64 Issued: May 23, 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Termination of Service By Company 20.1 The Company may terminate Service to the Customer upon ten (10) days ,. written notice to the Customer for any condition listed in Section 2.6 of this . Tariff. If the Company delivers the notice to the Customer s Premises , it will be left in a conspicuous place. When notice is mailed , the notice will be addressed to the Customer s last known billing address and mailed first class or express overnight delivery. The selection of the method of delivery of the notice is made by the Company. Service will not be terminated by the Company when a complaint is pending with the Commission or if the Customer and the Company have entered into a payment plan agreement. 20.2 The termination of Service(s) by the Company pursuant to this section does not relieve the Customer of any obligations to pay the Company for charges due and owing for Service(s) furnished up to the time of termination. The remedies set forth herein will not be exclusive and the Company will at all times be entitled to all rights available to it under either law or equity. 20.Cancellation by Non-Usage If billing records received from a DUC show that a Customer has had no usage with the Company, on one or more lines for a period of forty-five (45) days or more , the Company may conclude that the Customer has moved Service to another carrier, or disconnected Service, whereupon the Company may treat the SerVice with the Company as having been canceled by the Customer. In such event, the Company will inform the Customer of such treatment. In the event the Company so informs the Customer and the Customer does not notify the Company within seven (7) days that it does not wish to cancel and has not canceled Service with the Company, the Company may take all further steps necessary to complete the cancellation of Service. Iclaho Public Utilities Commission Office of the Secretary ACCEPTED fOR FILING J UN 4 - 2003 G,,;::, NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 65 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 2 - RULES AND REGULATIONS 21 Restoration of Service The use and restoration of Services in emergencies will be in accordance with the priority system specified in Part 64, Subpart 0 of the rules and regulations of the Federal Communications Commission. 22 Notices Any notices provided by Company pursuant to this Tariff are deemed given and effective upon the earlier of (a) actual receipt by Customer or (b) three days after mailing if sent by mail , the day after express overnight delivery or delivery via email , or the day the notice is left at the Customer s Premises. 23 Special Service Arrangements Customer-specific service arrangements, which may include engineering, installation construction, facilities, assembly, and/or other special Services , may be furnished in addition to existing Tariff offerings. Rates, terms , and conditions plus any additional regulations , if applicable, for the special service arrangements will be developed upon Customer s request. Unless otherwise specified , the regulations for the special service arrangements are in addition to the applicable regulations specified in other sections of this Tariff. 24 Call Charges 24.Chargeable time begins when the calling and the called station are connected. Chargeable time ends when the calling service point terminates, thereby releasing the network connection. If the called party hangs up but the calling number does not, chargeable time ends when the network connection is released by automatic timing equipment in the telephone network. 24.2 The Company will not bill for unanswered calls in areas where equal access is available. The Company will not knowingly bill for unanswered calls in areas where equal access is not available. Idllho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 ,~ 2003 BDi.o;.e. Jd"PD NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 66 Issued: May 23 , 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Term Plan Commitments 25.1 General (A)As a condition of obtaining Service or a specific optional pricing plan, the Customer is required to sign a term plan agreement. (B)By signing a term plan agreement, the Customer commits to remain a Customer of Company for a specified length of time. 25.Early Termination Fee Early termination fees apply if the Customer cancels Service prior to the end of the Service Commitment Period. The early termination fee is calculated by multiplying the number of months remaining in the term plan agreement times the monthly recurring charge. 25.3 Term Plan Renewal Ninety (90) days prior to the expiration of a Customer s term plan agreement, the Company will send the Customer a letter advising the Customer the date the term plan expires. If the Customer does not notify the company in writing of its intent to cancel the existing term plan agreement, the term plan agreement will automatically renew on the expiration date of the term plan agreement for the same MAC and length of term plan. Within thirty (30) days of the automatic renewal date of a term plan agreement if the Customer provides written notice to the Company that the Customer wishes to cancel the new term plan agreement; the Company will waive all term plan cancellation penalties. Idaho Public Utilities ' . Offl' f ISSlon ACCr-i- ;:!: the Secretary'1.:. I FOR FILING JUN 4,2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 67 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS Agreements, Proposals, and Warranties 26.The applicable terms, rates, and conditions specified in this Tariff, before or after subscription, constitute the only agreement between the parties with respect to Service(s) to which the Customer has subscribed , or desires to subscribe. Statements (whether written or oral) may have been made about the Service(s) specified in this Tariff. Such statements, however, do not constitute warranties shall not be relied upon by the Customer, and are not part of the parties relationship. All prior agreements, proposals , representations understandings, concerning the Service(s) are also deemed superseded upon the Customer subscription. The applicable Tariff sections constitute the complete and exclusive expression of the parties' relationship. These Tariff provisions may only be modified by: (1) a subsequent Tariff filing, or (2) a written agreement, signed by an authorized Company representative, which identifies both the Tariff provisions being modified or superseded , if applicable, and the specific nature of the change. 26.2 All implied warranties, including the implied warranty of merchantability, are disclaimed. The Company does not warrant that the Service(s) are fit for the particular purpose of the Customer. The Company makes no warranties with respect to the Service(s) other than the Service(s) will conform to the description contained in the Tariff. Further Company liability will be such as described in Section 2.3 of this Tariff. Changes to Service Offerings. The Company reserves the right to add, change, or delete underlying carriers at any time. Idaho Public U 0' . I Ides CommIssion Accr:-fi9!~f tli~ SecretaryI t.O rOR FILING JUN 4- 2003 Boise, Idaho NorVergence , Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 68 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 2 - RULES AND REGULATIONS 28 Persons Designated As A Contact For The Commission Staff 28.Ongoing Operations of the Company Jim Gattuso , Director of Corporate Affairs 550 Broad Street, 3rd Floor, Newark NJ 07102 Tel No.: 973-242-7500, x7076 Fax No: 973-242-8807 Email: jim.gattuso~norvergence.com 28.2 Price List Jim Gattuso, Director of Corporate Affairs 550 Broad Street, 3rd Floor, Newark NJ 07102 Tel No.: 973-242-7500 , x7076 Fax No: 973-242-8807 Email: jim.gattuso~norvergence.com 28.3 Complaints/Inquiries From Customer Sheree Dranchak, Customer Service Manager 550 Broad Street, 3rd Floor, Newark NJ 07102 Tel No.: 973-242-7500, x551 Fax No: 973-242-8807 Email: sheree.dranchak~norvergence.com 28.4 Registered Agent National Registered Agents, Inc. 512 West Bannock Boise, Idaho 83702 (208) 344-8400 Promotional Offerings The Company may, from time-to-time , engage in special promotional service offerings designed to attract new Customers or to increase existing Customer awareness of a particular service offering. These promotional offerings may apply only to certain service arrangements, and may be limited to certain dates times , and/or locations. The Company will provide the Commission a ten (10)day notice prior to offering a promotion. Idaho ~~b!ic !Jtilities Commissioo GiflCt! or the Secretary ACCEPTED FOR FILING JON 4 - 21m Boise, Idaho NorVergence, Inc. Peter J. Salzano , CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 69 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 3 - DESCRIPTION OF SERVICES Service Offerings Unless otherwise stated in the Tariff, the method of provisioning a specific Service is determined by the Company, and the selection of the DUC is made by the Company. Switched Access outbound Services are only available in equal access areas. All Services are interstate Services with the Customer having the option to use the Service to place intrastate calls. The Company rate plans are offered based on the Customer s SCPo For the purpose of the selection of the Service and associated billing plan, the Service and billing plan selected at the time of the order is provisioned will remain in effect until requested to be changed by the Customer. Integrated Voice and Data Service Integrated Voice and Data Service is an outbound customized business telecommunication Service designed to provide a unified Service for single or multi- location Business Customers. Customers who subscribe to this service must designate the Company as the presubscribed carrier for local , intraLATA and interLATA calling concurrent with enrollment in this Service. This Service offers the Business Customer telecommunications services as bundle or package, combining unlimited local exchange service; intraLA T A toll , intrastate and interstate long distance; and non- regulated services. The Company determines the DUC. The Company reserves the right to adjust a Customer's service upon appropriate Customer notification. Customers subscribing to this Service must commit to a Service Commitment Period. Early termination fees as set forth in Section 2.25 apply if the Customer cancels Service prior to the end of the Service Commitment Period. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 - 2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 70 Issued: May 23, 2003 Effective: June 4, 2003 SECTION 3 - DESCRIPTION OF SERVICES Directory Assistance Directory Assistance is available to the Company s presubscribed Customers. Directory Assistance charge applies to each call to the Directory Assistance Bureau. Up to two requests may be made on each call to Directory Assistance. The Directory Assistance charge applies to each call regardless of whether the Directory Assistance Bureau is able to furnish the requested telephone number. Idaho Pub1ic Utilities Commi$slon Office of the Secretary ACCEPTED FOR FILING JUN 4,- 2003 Boise, JdahD NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark , NJ 07102 Idaho P.C. No. Original Page 71 Issued: May 23 , 2003 Effective: June 4, 2003 SECTION 4 - RATES AND CHARGES General Rates for Service may vary by call type and/or term commitments. Monthly fees and installation charges may apply. Call timing is defined in the description for each service. Service is available 24 hours per day, 7 days per week. Directory Assistance Per Call Rate:$1. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 4 -2003 &lise, Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 72 Issued: May 23 2003 Effective: June 4 , 2003 SECTION 4 - RATES AND CHARGES Integrated Voice and Data Service Service Option Service Commitment MRC Period Option 1 1 month $103. Option 2 3 months $ 50. Option 3 6 months $ 48. 1.4 Option 4 9 month $ 45. Option 5 12 months $ 43. Option 6 15 months $ 41. Option 7 18 months $ 39. Option 8 21 months $ 36. Option 9 24 months $ 34. Option 10 27 months $ 32. Option 11 30 months $ 30. Option 12 33 months $ 27. Option 13 36 months $ 25. Option 14 39 months $ 23. Option 15 42 months $ 21. Option 16 45 months $ 18. Option 17 48 months $ 16. Option 18 51 months $ 14. Option 19 54 months $ 12. Option 20 57 months $ 9. Option 21 60 months $ 7. I~aho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING JUN 4- 2003 Boise Idaho NorVergence , Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 73 Issued: May 23 2003 Effective: June 4, 2003 SECTION 4 - RATES AND CHARGES 4.4 Miscellaneous Charges 4.4.Reserved for future use. 4.4.Reserved for future use. Idaho Public Utilities Commission Offlc~ of the Secretary ACCEPl ED FOR FILING JUN 4 ,~2003 Boise, Idaho NorVergence, Inc. Peter J. Salzano, CEO 550 Broad Street, 3rd Floor Newark, NJ 07102 Idaho P.C. No. Original Page 74 Issued: May 23. 2003 Effective: June 4, 2003 SECTION 4 - RATES AND CHARGES 4.4 Miscellaneous Charges (continued) 4.4.Public Pay Telephone Surcharge Pursuant to the FCC's Order in CC Docket 96-128 , this surcharge applies only to dial-around calls, i.e., calls originating using a Customer s toll free numbers and/or Calling Cards, from payphone instruments. This surcharge does not apply for 0+ call for which the payphone provider would otherwise receive compensation. The Customer will pay the Company a per call surcharge $0.30 per call for all such traffic. 4.4.4 Return Check Charge If a Customer s check is returned by the bank, the Company may charge the Customer a return check charge. The amount of the return check charge is $20.00. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 41~ 2003 Boise. Idaho