20040413Revised Draft Tariff Pages.pdf

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April 8, 2004
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho 83702
Re: New Case ORB-03-
Dear Jean
Enclosed, please fmd the revised pages 11 , & 53 of OrbitCom
tariff draft.
Thank you
U;k'~
Patti Benson
Administrative Assistant
Enc!.
1701 N. Louise Ave. . Sioux Falls, SD 57107 . Phone [phone] . Fax [phone]
ORBITCOM Tariff No. 1
Original Page No. 11
State of Idaho
Issued:DRAFT Effective:
Application and Scope of Tariff
Application
This tariff contains the rates and regulations applicable to regulated intrastate
interexchange services and to local services provided by ORBITCOM between and among
points within the state of Idaho
0.2 Scope
ORBITCOM's services are provided in Idaho subject to the availability of facilities and
subject to the terms and conditions of this tariff. All services within the jurisdiction of the
Commission provided by ORBITCOM between and among points in Idaho are governed
by this tariff.
0.3 Interconnection with Other Carriers
Service provided by ORBITCOM may be connected with services or facilities of other
carriers or may be provided over facilities provided by carriers other than ORBITCOM.
However, service provided by ORBITCOM is not a part of a joint undertaking with any
other carrier providing telecommunications channels, facilities, or services.
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 23
DRAFT Effective:
General Rules and Regulations (cont'
2.3
2.4
Liability (cont'
Equipment
2.4.
The services furnished by ORBITCOM, in addition to the
limitations set forth preceding, also are subject to the following
limitations: The Company shall not be liable for damage arising out
of mistakes, omissions, interruptions, delays, errors or defects in
transmission or other injury, including but not limited to injuries to
persons or property from voltages or currents transmitted over the
service of ORBITCOM caused by customer-provided equipment.
The Company is not liable for any defacement of or damage to the
Premises resulting from the furnishing of Services, equipment, or
associated wiring on such Premises or the installation or removal
thereof, except where such defacement or damage is the result of
negligence or willful misconduct on the part ofthe agents or
employees of the Company.
THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OF
OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
The included tariff language does not constitute a determination by
the Commission that a limitation of liability imposed by the
Company should be upheld in a court of Law. Acceptance for filing
by the Commission recognizes that it is a court's responsibility to
adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the
exculpatory clause.
Inspection, Testing, and Adiustment
ORBITCOM may, upon reasonable notice, make such tests and
inspections as may be necessary to determine whether the
requirements of this tariff are being complied with in the
installation, operation, or maintenance of the Customer
equipment. ORBITCOM may interrupt the service at any time
without penalty to itself, unless interruption exceeds twenty-four
(24) hours.
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 32
DRAFT Effective:
General Rules and Regulations (cont' d)
Payment for Service (cont' d)
Taxes and Fees
Any governmental assessments, fees, licenses, or other similar taxes
or fees imposed upon ORBITCOM on a per-call basis shall be
charged to Customers receiving ORBITCOM's service within the
territorial limits of the governmental authority imposing such taxes
and fees. Such taxes and fees will be allocated among such
Customers uniformly on the basis of Customers' monthly charges
for the types of service made subject to the taxes or fees. Such
taxes and fees will be separately stated on bills.
Disputes and Complaints
10.Disputed Bills
In the event of a dispute concerning the bill, ORBITCOM will
require the Customer to pay a sum of money equal to the amount of
the undisputed portion ofthe bill. Following payment ofthe
undisputed amount, efforts to resolve the complaint using the
complaint procedures in Section 2.10.2 shall continue, and for not
less than forty-five (45) days after the rendering of the disputed bill
the service shall not be disconnected for nonpayment of the
disputed amount. The 45-day period may be extended by up to
sixty (60) days if requested of ORBIT COM by the Commission in
the event the Customer files a written complaint with the
Commission. If a Customer does not give ORBITCOM written
notice of a dispute with respect to ORBITCOM's charges within
two (2) years from the latter of the date of the bill or the date of the
discovery of the dispute, the bill shall be deemed correct and
binding upon the Customer.
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 33
DRAFT Effective:
General Rules and Regulations (cont' d)
Disputes and Complaints (cont' d)
10.Complaint Procedures
Inquiries, general questions, or complaints may be directed
informally to ORBITCOM by telephone, in person, or in writing at
ORBITCOM's office located at 1701 N. Louise Ave., Sioux Falls
South Dakota 57107 Business customers can reach ORBITCOM'
customer service department by dialing: 866-834-7837. Residential
customers can reach ORBITCOM's customer service department by
dialing: 866-834-7837. ORBITCOM's customer service
department accepts calls 8:00 a.m. to 5:00 p., Central Standard
Time, Monday through Friday, normal business hours. Complaints
concerning the charges, practices, facilities or services of
ORBITCOM will be investigated promptly and thoroughly.
ORBITCOM will keep records of each complaint showing the
name and address of the complainant, the date and nature of the
complaint, its disposition, and all other pertinent facts dealing with
the complaint that will enable ORBITCOM to review and analyze
its procedures and actions. The records maintained by ORBITCOM
under this tariff will be available for inspection by the Commission
or its staff upon request. Within thirty (30) days of the receipt of a
written complaint, ORBITCOM will provide written notice to the
Customer of the status of the complaint. Each Customer may file
with the Commission for resolution of disputes. Each complainant
will be notified of the complainant's right to contact the
Commission at:
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho 83702
Phone: [phone]
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 34
DRAFT Effective:
General Rules and Regulations (cont'
2.10 Disputes and Complaints (cont' d)
10.3 Bill Insert or Notice
ORBITCOM shall notify Customers, by bill insert or notice on the
bill form, of the address and telephone number where a
ORBITCOM representative qualified to assist in resolving the
complaint can be reached. The bill insert or notice on the bill will
be provided no less than annually.
Service Refusal, Disconnection, and Suspension
11.Notice of Pending Disconnection
Prior to the disconnection of service, ORBITCOM shall provide a
written notice to the Customer setting forth the reason for
disconnection and the final date by which the account is to be
settled or specific action taken. Final dates shall be no less than
seven (7) calendar days prior with a reasonable attempt to contact
24 hours prior to disconnect with respect to an unpaid bill, and no
less than twelve (12) days with respect to an unpaid deposit, after
the notice is rendered. The notice shall be considered rendered to
the Customer when deposited in the U.S. Mail with postage prepaid.
If delivery is by other than U.S. Mail, the notice shall be considered
rendered when delivered to the last known address ofthe person
responsible for payment for the service. The notice will specify
[phone] as a number at which a ORBITCOM representative
can be reached to provide additional information about the
disconnection.
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 37
DRAFT Effective:
General Rules and Regulations (cont' d)
Service Refusal. Disconnection. and Suspension (cont'
11.3 Refusal. Disconnection. and Suspension of Service for Nonpayment
of Bill or Deposit
Except as restricted by Section 2.11.4, service may be refused based
on the credit history of the applicant. In all cases, the applicant will
be advised of the reasons for the denial of credit. Service may also
be refused, disconnected, or suspended for nonpayment of a bill or
deposit if ORBITCOM has made a reasonable attempt to effect
collection and:
(1)
(2)
ORBITCOM has provided the Customer with seven (7) days
prior written notice with a reasonable attempt to contact 24
hours prior to disconnect with respect to an unpaid bill, and
twelve (12) days' prior written notice with respect to an
unpaid deposit. However, disconnection may take place
prior to the expiration of the 7 -day unpaid bill notice period
if ORBITCOM determines from verifiable data that usage
during the 7 -day notice period is so abnormally high that a
risk of irreparable revenue loss is created.
In the event of a dispute concerning the bill, ORBITCOM
will require the Customer to pay a sum of money equal to
the amount of the undisputed portion of the bill. Following
payment of the undisputed amount, efforts to resolve the
complaint using the complaint procedures in Section 2.10.
shall continue, and for not less than forty-five (45) days after
the rendering of the disputed bill, the service shall not be
disconnected for nonpayment of the disputed amount. The
45-day period may be extended by up to sixty (60) days if
requested of ORBITCOM by the Commission in the event
the Customer files a written complaint with the
Commission.
ORBITCOM
State of Idaho
Issued:
Tariff No. 1
Original Page No. 42
DRAFT Effective:
General Rules and Regulations (cont' d)
2.15
Information Service Access Blocking
Where facilities are available, customers have the option to block access to
all "900" and "976" prefix numbers, without charge for the first block.
ORBITCOM will comply with all applicable rules of the Commission
concerning such blocking.
Emergency Call Handling Procedures
Emergency 911 calls are placed by dialing the digits "911". Such calls are
not routed to ORBITCOM, but are routed by Qwest Communications, Inc.
through the local network to the appropriate public safety answering point.
Qwest will forward to the public safety answering point the address of the
dialing station that has been provided to Qwest by ORBITCOM.
Allowances for Interruptions in Service
Interruptions in service, which are not due to the negligence of, or
noncompliance with the provisions of this tariff by the Customer or the
operation or malfunction of the facilities, power or equipment provided by
the Customer, will be credited to the Customer as set forth in 2.16.1 for the
part of the service that interruption affects.
16.Credit for Interruptions
16.1.1 A credit allowance will be made when an interruption
occurs because of a failure of any component furnished by
the Company under this tariff. An interruption period
begins when the Customer reports a service, facility or
circuit to be interrupted and releases it for testing and repair.
An interruption period ends when the service, facility or
circuit is operative. If the Customer reports a service
facility or circuit to be inoperative but declines to release it
for testing and repair, it is considered to be impaired, but not
interrupted.
ORBITCOM
State of Idaho
Issued:
Tariff No.
Original Page No. 53
DRAFT Effective:
Rates and Charges (cont' d)
4.1 Nonrecurring Charges (cont'd)
1.3
1.4
1.5
Nonrecurring Charges
This is a one-time charge that applies for work involved in
receiving, recording, transmitting, and acting upon information to
connect, reconnect, move, or change telephone service initiated at
the customer s request. When a customer s service has been denied
because of nonpayment for service, the service will be restored
upon the payment of, or arrangements for the payment of, all
charges due plus a service order charge. No service order charges
will apply for company initiated work. Rates for Non-Recurring
Charges will be set forth in Local Services Rate Table 1.
Reconnect Fee
Reconnect Fee charge: $50.00 for fust line
$25.00 for each additional line
This charge applies to reconnection of service after dial tone has
been suspended or service has been disconnected.
Nonsufficient Funds Charge (NSF Checks)
NSF check charge: $20.
This charge applies when a check has been returned by the bank for
non-payment.