20191220Amendment to Application.pdf

FosterDanowsky LLP
904 West Ave. Ste. 107
Jason A. Danowsky
Attomey at Law
Austin, Texas 78701
(sr2) 708-8700
Fax (5I2) 697-0058
writgltEsBUoskr.com Al{ l0: 2trdanowskfosterdanow
www.fosterdanowsky.com
t,
SSION
Decembcr 17 .2019
VIA FIRST CLASS MA]L
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-007 4
Re:stM-T-19-01
Application of Simwood, Inc. for a Certificate of Public Convenience and
Necessity to provide local and long-distance telecommunications service in Idaho
Simwood, Inc. hereby encloses an original (unbound and unstapled) and seven (7)
copies of this Amendment to its Application for a Certificate of Public Convenience and
Necessity to provide local and long-distance telecommunications service in Idaho. This
Amendment corects page 23 of Exhibit 4 to provide the correct address of the
Commission. No other changes to the application have been made.
Ifyou have any questions conceming this matter, please do not hesitate to contact
lTle
Respecttully tted,
\
Jason A.
Enclosures
RECEIVED
Dear Secretary Hanian:
QFac:\,6n
BEFoRE THE IDAHO PIIBLIC UTILITIES COMMISSION ::ri I"i-J i j if l iOr 29
DOCKE',T' NO. SIM-T-19.01 . -' ')
)
)
)
,:. :
AMENDMENT TO
APPLICATION FOR CERTIFICATION AND REQUEST FOR AT]THORITY
Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission").
Simwood, Inc. ("Simwood" or "Applicant") respectfully applies for a Ce(ificate of Public
Convenience and Necessity to provide facilities-based local exchange and interexchange service
in Idaho pursuant to ldaho Code Sections 61-526-528 and IDAPA 31.01.01.I I I (Rules 111& 1 l2)
as clarified by Commission Order No. 26665. In support of its Application, Applicant submits this
Amendment. This amendment corrects page 23 of Exhibit 4 to provide the coffect address ofthe
Commission. No other changes to the application have been made.
WHEREFORE, Simwood, Inc., requests that the Idaho Public Utilities Commission enter
an order granting a Certificate of Public Convenience and Necessity authorizing Simwood, lnc.,
to provide resold and facilities-based local exchange telecommunications and interexchange
services pursuant to Idaho Code Sections 61-526-528 and IDAPA 3l .01 .01 .1 I 1.
Respectf'ully
Jason A. Dano kys
Texas Bar No 2409231
FosterDanowsky, LLP
904 West Ave. Suite 107
Austin, TX 78701
Office: [phone]
Fax: [phone]
danouskt i'losterdanolr skt .c..rm
ATTORNEY FOR SIMWOOD, INC.
Application of Simwood, Inc. for
a Certificate of Public Convenience and
Necessity to provide local and long distance
telecommunications service in Idaho
Simwood, Inc.ldaho Tariff No. I
Original Page No. I
LOCAL AND INTEREXCHANCI, SI]RVICES TARII.T..
IDAIIO
LOCAL AND INTEREXCIIANGE TELL,COMMUNICATIONS SF]RVICES TARIFI OF
Simwood, Inc.
This tarill'contains the descriptions, regulations, and rates applicable to the provision of local
exchange telecommunications services provided by Simwood, Inc. with principal oflices at 5016
Spedale Ct. #304, Spring Hill, TN 37174 for services furnished within the State of Idaho. 'I'his
tariff is on file with the ldaho Public lJtilities Commission. and copies may be inspectcd, during
normal business hours at the Company's principal placc ofbusiness.
ISSUED: IDATE]
Issued by:
I,IIFEC'IlVB: Il)A-lE]
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hilt TN 37174
Simwood, Inc.ldaho Tariff No. I
Original Page No. 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHE,CK SHEET
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Paqe Revision Page Revision
I Original 22 Original
Original 23 Original
3 Original ?4 Original
4 Original 25 Original
5 Original 26 Original
6 Original 27 Original
7 Original 28 Original
u 0riginal 29 Original
9 Original 30 Original
l0 Original 3l Original
il Original Original
t2 Original t)Original
13 Original J+Original
11 Ori,.tinal 35 Original
Original 36 Original
16 Original Original
t7 Original 38 Original
Ili Original Original
l9 Original 40 Original
20 Original 41 Original
21 Original Original
ISSUED: IDATE]
Issued by:
EFFL,C'l lVE: I]ATEI
Currcnt sheets in the tariff are as follows:
I
2
l5
i9
Simwood, Inc.Idaho Tariff No. I
Original Page No. 3
LOCAL AND INTI]RI]XCHANCE SERVICES TARIFF
EXPLANATION OF SYMBOLS
When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariffsheet
affected. Changes will be identified on the revised sheet(s) through the use ol the following
symbols:
(C) To signifu changed rate, regulation or condition.
(D) To signify discontinued rate, regulation or condition.
(l) To signifu increase.
(N) To signifu new material, including a listing, rate, regulation, rule or condition.
(R) To signily reduction.
(T) To signifu a ohange in the word oftext, but no change in the ratc. rule or condition.
(M) Moved from another tariff location.
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Thomas Iladden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, lnc.Idaho Tariff No. I
Original Page No. 4
LOCAL AND IN ITIRI]XCHANGE SERVICES TARIFF
APPI,ICATION OI' TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the fumishing
of intrastate end-user local exchange communications services by Simwood, Inc., hereinafter
referred to as the Company, to Customers within the state of Idaho. The Company's seryiccs are
fumished subject to thc availability of facilities and subject to the terms and conditions set forth
herein.
Simwood, Inc. provides services to businesses who have entered into individual case-based
contractual agreements which will govern the rates to be charged fbr the particular services to be
provided as well as additional contraotual terms as needed lbr the particular service or location. In
the event any term or rate within this tariffis different from or contrary to a contract provision or
rate, the contract provision or rate will control. To the extent that the contract does not provide a
particular term or pricing lor any local exchange or interexchange service, the rates and prices
contained within this tariff will control.
Thomas I laddcn. COO
5016 Spcdale Ct. #304
Spring Hill TN 37174
Issued bv:
IiFFECTIVE: [DATEI
This tariffis on file with the Idaho Public Utilities Commission. In addition, this tariffis available
for review at the main office of Simwood, Inc. at 5016 Spedale Ct. #304, Spring Hill, TN i7174.
ISStJED: [DATE]
Simwood, Inc.ldaho Tariff No. I
Original Page No. 5
I.OCAL ANI) IN I LItIiX('l IANCII SIIRVICES In RIFI-'
SECTION I . DEFINITIONS
For the purpose of this tariff, the following definitions witl apply
Access Line - An arrangement from a local exchange telephone company or other common carrier,
using either dedicated or switched access, which connccts a Customer's location to Carrier's
location or switching center.
Authorization (Access) Code - A numerical code, one or more of which may be assigned to a
Customer, to enable Carrier to identifu the origin of service of the Customer so it may rate and bill
the call. All authorization codes shall be the sole property of Carrier and no Customer shall have
any property or other right or interest in the use of any particular authorization code. Automatic
numbering identification (ANI) may be used as or in connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of
the service of the Customer.
Automatic Numbering ldentification (ANI) - A type of signaling provided by a local exchange
telephone company which automatically identifies the local exchange line from which a call
originates.
Commission - The ldaho Public Utilities Commission
Common Carrier - An authorized company or entity providing tclecommunications services to
the public
Company - Simwood, Inc., the issuer of this tariff.
Customer - The person, lirm or corporation that orders service and is responsible for the payment
of charges and compliance with the terms and conditions of this tarill.
Customer Premises - A location designated by the Customer for the purposes ol'connecting to
the Company's services.
Customer Terminal Equipment - 'ferminal cquipmcnt provided by the Customer.
End Office - The LEC switching system oflce or serving wirc center where Customer station
loops are terminated for purposes ol interconnection to each other and,/or to trunks.
Thomas Hadden, COo
5016 Spedale Ct. #304
Spring Hill TN 37,l74
ISSLIED: [DATE]
Issued by:
IrlrlrLC'l'lVL: IDA I Ll
Simwood, lnc.Idaho Tariff No. I
Original Page No. 6
I,OCAL AN t) IN'I'tiRIIXCHANGE SERVICT.]S TARIFF
End-User Premises - A location designated by the Customer for the purposes of cormecting to
the Company's services.
Equal Access - A form of dialed access provided by local cxchange companies whereby
interexchange calls dialed by thc Customer are automatically routed to the Company's network.
Presubscribed Customers may also roule interexchange calls to the Company's network by dialing
an access code supplied by the Company.
Exchange Telephone Company or Telephone Company - f)enotes any individual, partnership,
association, joint-stock company, trust, or corporation authorized by the appropriate regulatory
bodies to engage in providing public switched communication service throughout an exchange
area, and between exchange areas within the LATA.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to completc calls due to equipment malfunctions or human errors.
Intemrption shall not include, and no allowance shall be given for service difliculties such as slow
dial tone, circuits busy or other network and/or switching capability shortages. Nor shall
Interruption include the failure ofany service or facilities provided by a common carrier or other
entity other than the Carrier. Any Interruption allowance provided within this Tariff by Carrier
shall not apply where service is interrupted by the negligence or willful act of the Customer, or
where the Carrier, pursuant to the terms of this Tarifl terminates service because of non-payment
olbills, unlawful or improper use of the Carrier's facilities or service, or any other reason covered
by this Tariff or by applicable law.
LATA - A I-ocal Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action
No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier
Association, Inc. 'l ariff F.C.C. No. 4, or its successor tarif(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in
the area also served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and
equipment, which continue for the agreed upon duration of the service.
Serving Wire Center - A specified geographic point from which the vertical and horizontal
coordinate is used in calculation ofairline mileage.
ISSUED: [DA1'11]EFFECTIVE: [DATE]
Issued by Thomas l{adden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, lnc.Idaho Tariff No. I
Original Page No. 7
LOCAL AND INTEREXCHANGT, ST.]RVICES TARIFF
Shared Inbound Calls - Refers to calls that are terminaled via the Customcr's Company-provided
local exchange Iine.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the
Customer's local telephone lines are presubscribed by the Company 1o the Company's outbound
service such that "l + l0-digit number" calls are automatically routed 10 the Company's or an
IXC's network. Calls to stations within the Customer's [.ATA may be placcd by dialing 'I0XXX'
or "l01XXXX" with 1 + lO-digit number."
Station - The network control signaling unit and any other equipment provided at the Customer's
premises which enables the Customer to establish communications connections and to eft'ect
communications through such conneclions.
Subscriber - 'l'he person, firm, partnership, corporation, or other entity who orders
telecommunications service lrom Simwood. Service may be ordered by, or on behalfof, those who
own, lease or otlerwise manage the pay telephone, PBX, or other switch vehicle from which an
End User places a call utilizing the services of the Company.
Non-Recurring Chargc ("NRC") - The initial charge, usually assessed on a one-time basis. to
initiate and establish service.
Point of Presence ("POP") - Point of Prcsence
Preferred Customer Discount ("PCD") - A discounl added to the monthly invoice and deduoted
from the rack rate for grandfathered products and term contract discount
Recurring Charges - Monthly charges to the Customer fbr services, and equipment. which
continues for the agreed upon duration of the service.
Remote Call Forward ("RCF") - A servicc whereby calls placed to a telephone number are
automatically forwarded by central oflice equipment to another number designated by the end
user. The Remote Call Forwarding number may be either a diflerent exchange (remote) or another
central office area within the same exchange (local). Additional paths may be provided to handle
multiple calls to the Remote Call Forwarding number as long as there are at least an equal number
of lines at the terminating end. Any toll portions of calls are billed to t}re Customer.
Service - Any means of service offered herein or any combination thereol.
Issued by:
EFFECTIVE: IDATE]
'l'homas Hadden. COO
5016 Spedale Ct. #304
Spring Ilill l N 37174
ISSUED: [DATE]
Simwood, Inc.Idaho Tariff No, I
Original Page No. 8
LOCAL AND IN'fEREXCHANCE SERVICES TARIFF
Service Order - 'lhc written or verbal request for Company services by the Customer and the
Company in the format devised by the Company. A Service Order initiates the respective
obligations ofthe parties as set forth therein and pursuant to this tariff.
Switched Access Origination/Termination - Where access between the Customer and the
interexchange carrier is provided on local exchange oompany Feature Croup circuits and the
connection to the Customer is a LED-provided access line. The cost of switched F eature Group
access is billed to the interexchange carrier.
Usage Charges - Charges for minutes or messages travcrsing over local exchange flacilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use
service provided under this tariff.
Thomas I Iadden, COO
5016 Spedale Ct. #304
Spring Hill 'IN 37174
ISSUED: [DATE]
Issued by
EFFECTIVE: [DATE]
Terminal Dquipment - Any telecommunicalions equipment other than thc transmission or
receiving cquipment installed at a Company location.
Simwood, Inc.
LOCAI- AN D INTIIRIIX(-- I IANG L SIIRV ICE,S TARI FF
SECTION 2. RI.]LES AND RI.](;I]LATIONS
2.1 Undertaking of the Company
2.1.1 Scope
Idaho Tariff No. I Section 2 Original Page I
The Company undcrtakes to fumish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way inlbrmation transmission originating
from points within the State ofldaho and terminating within a local calling area as defined
herein.
The Company is responsible under this tariffonly for the services and lacilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity
that purchases acoess to the Company network in order to originatc or terminate its own
services, or to communicate with its own Customers.
2.1.2 Shortage of [quipment or Facilities
A. The Company reserves the right to limit or to allocate the use of existing facilities,
or ofadditional facilities offered by the Company, when necessary because of lack
of flacilities, or due to some other cause beyond the Company's control.
B. The fumishing of service under this tariff is subject to the availabilily on a
continuing basis of all the nccessary facililies and is limited to the capacity of the
Company's facilities as well as lacilities the Company may obtain from other
carriers to furnish service from time to time as required at the sole discretion olthe
Company.
2.1.3 Terms and Conditions
Idaho Tariff No. I Scction 2 Original Pagc 2
C. Service is provided on the basis ofa minimum period ofat least thirty (30) days,
24-hours per day. I]or the purposc of computing charges in this tariff. a month is
considered to havc thirty (30) days.
ISSUED: IDATE]Llll;LC'l.lVE: IDAI El
Issued bv:Thomas Hadden. COo
5016 Spedale Ct. #304
Spring Hill TN 37174
ldaho Tariff No. I
Original Page No. 9
Simwood, Inc.
ISSU[,D: IDATE]
D. Customers may be required to enter into written service orders which shall contain
or rel-erence a specific description ofthe service ordered, the rates to be charged.
the duration oflhe services, and the terms and conditions in this tarilT. Customers
will also be required to execute any other documents as may be reasonably
requested by thc ComPanY.
E. Except as otherwise stated in the tariff, at thc cxpiration ofthe initial tcrm specified
in each Service Order, or in any cxtension thereof, service shall continue on a month
to month basis at the then current rates unless terminated by either party upon
notice. Any termination shall not relieve the Customer of its obligation to pay any
charges incurred under the service order and this tariff prior to termination. The
rights and obligations which by their nature extend beyond the termination ofthe
term ofthe service order shall survive such termination.
F. Service may be terminated upon written notice to the Customer if:
l. the Customer is using the service in violation ofthis tariff: or
G. This tariff shall be interpreted and govemed by the laws of the State of ldaho
without regard for its choice of laws provision.
H. Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment. incur any penalty, monetary or otherwise, or
puchase any services in order to have the right to obtain service directly from the
Company.
I. To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party cxercising such control
shall make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At
the reasonable request of either party, the Company and the Other Telephone
Company shall jointly atlempt to obtain fiom the owner ofthe property aocess fbr
the other party to serve a person or entity.
ldaho 'fariff No. I
Original Page No. l0
EFF-ECTIVE: IDA I F]l
Issued by:Thomas Hadden, COO
5016 Spedale Ct.#304
Spring Hill'I'N 37174
LOCAI- ANI) IN'l lll{llxcllAN(ili SIiRVICI[S TARIFF
2. the Customer is using the servioe in violation of the law.
Simwood, Inc.ldaho I'ariff No. 1
Original Page No. I I
LOCA I, AND IN'IIIR I],XCHANGE SERV ICBS I'AITI F'I.'
J. The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts may or may not be associated with volume
and/or term discounts. All service packages established by the Company will be
filed with the Commission prior to the fumishing oi service.
2.1.d Limitations on Liabilih'
A. Except as otherwise stated in this section, the liability of the Company for damages
arising out ofeither: (l) the fumishing of its services, including but not limited to
mistakes, omissions, intemlptions, delays, or errors, or other defects,
representations, or use of these services or (2) the lailure to fumish its service,
whether caused by acts or omission, shall be limited to the extension ofallowances
to the Customer for interruptions in service as set forth in Section 2.7.
B. Except for the extension ofallowances to the Customer for interruptions in service
as set forth in Section 2.7, the Company shall not be liable to a Customer or third
party for any direct, indirect, special, incidental, reliance. consequential, exemplary
or punitive damages, including, but not limited to, loss of revenue or profits, for
any reason whatsoever, including, but not limited to, any acl or omission. thilure to
perform, delay, interruption, failure to provide any service or any failure in or
breakdown of facilities associated with the scrvice.
C. The liability of the Company for errors in billing that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount erroneously billed
or, in the event that payment has been made and service has been discontinued, to
a refund ofthe amount erroneously billed.
D. The Company shall be indemnified and saved harmless by the Customcr from and
against all loss, liability, damage and expense, including reasonable counsel fees,
due to:
1 . Any act or omission ol': (a) the Customer, (b) any other cntity fumishing scrvice.
equipment or faoilities for use in conjunction with scrvices or facilities provided
by the Company; or (c) common carriers or warehousemen, except as
contracted by the Company;
2. Any delay or failure of performance or equipment due to causes beyond the
Company's control, including but not limited to, acts of God, flres, floods,
ISSTJBD: IDAI'El EFFECl'lVE: IDA'I'E]
lssued by:l'homas Hadden. COO
501 6 Spedale Ct. #304
Spring IIill TN 37174
Simwood, lnc.Idaho Tariff No. I
Original Page No, l2
LOCAL AND INTEREXCHANGE SERVICES TARIFI.'
earthquakes, hurricanes, or other catastrcphes; national emergencies.
insurrections, riots, wars or other civil commotions; strikes, lockouts, work
stoppages or other labor difficulties; criminal actions taken against the
Company; unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order, regulation or
other action olany governing authority or agency thereof:
3. Any unlawlul or unauthorized use of the Company's lacilities and services;
4. Libel, slander, invasion of privacy or infringement of patents, tradc secrets, or
copyrights arising from or in connection with the material transmitted by means
ol'Company-provided facilities or services; or by means of the combination ol'
Company-provided lacilities or services;
a. Breach in the privacy or security of communications transmitted over the
Company's l'acilities;
b. Changes in any of the facilities, opemtions or procedures of the Company
that render any equipment, facilities or services providcd by thc Customcr
obsolete, or require modification or alteration of, such equipment, Iacilities
or services, or otherwise alfect their use or performance, except where
reasonable notice is required by the Company and is not providcd to thc
Customer, in which event the Company's liability is limited as set forth
above in Section 2. I .1.A.
Defacement of or damage to Customer premises resulting liom the
fumishing of services or equipment on such premises or the installation or
removal thereof;
d. Injury to property or inj ury or death to persons, including claims for
payments made under Workers' Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any act
or omission of the Customer, or the construction, installation, maintenance,
presence, use or removal of the Customer's f-acilities or equipment
connected, or to be connected to the Company's facilities;
e. Any noncompletion of calls due to network busy conditions;
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring llill TN 37174
c
ISSIJI'.1): IDA It'.1
Issucd bv:
EF'l'tsC'l'l Vti: [DATE]
Simwood, lnc.ldaho Tariff No. I
Original Pago No. I3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
f. Any calls not actually attempted to be completed during any period that
service is unavailable;
g. And any other claim resulting from any ac1 or omission of the Customer or
patron(s) of the Customer relating to the use of the Company's services or
fhcilities.
E. The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere.
(1. Failurc by the Company to assert its rights pursuant 10 one provision olthis tariff
does not prccludc thc Company lrom asserting its rights under other provisions.
H. Directory Errors - In the absence of gross negligence or willful misconduct, no
liability lbr damages arising from errors or mistakes in or omissions of directory
listings. or errors or mistakes in or omissions oflisting obtainable lrom the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance for errors or mistakes in or omissions of published
directory listings or fbr errors or mistakes in or omissions oflisting obtainable fiom
thc dircctory assistance operator shall be at the monthly tari ff rate lbr each listing,
or in the case ofa free or no-charge directory listing, credit shall equal two times
the monthly tariff rate f,or an additional listing, for the life of the directory or the
charge period during which the error, mistake or omission occur.
l. With respect to Emergency Number 91 1 Service:
This service is offered solely as an aid in handling assistance calls in connection
with fire, police and other emergencies. The company is not responsible lor any
losses, olaims, demands, suits or any liability whatsoever, whether suffered,
made instituted or asserted by the Customer or by any other party or person lbr
any personal injury or death ofany person or persons, and for any loss, damage
or destruction of any property, whether owned by the Customer or others,
caused or claimcd to have been caused by: (1) mistakes, omissions,
'l'homas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DA] t,l
Issucd hv:
F. The Company makes no warranties or representations, EXPR-ESS OR IMPLIDD,
either in f'act or by operation of law, statutory or otherwise, including warranties of
merchantability or fitness for a particular use, except those expressly set lbrth
herein.
EFFECTIVE: LDATEJ
Simwood, lnc,Idaho TariffNo. I
()riginal Page No. 14
LOCAL AND IN IIiRIIX(lI{ANGE SI'.t{VlCt.ls TARIFF
interruptions, delays, errors or other defects in the provision of service. or (2)
installation, operation, failure to operate, maintenance, removal, presence,
condition, local or use ofany equipment and lacilities furnishing this service.
2. Neither is the Company responsible for any inliingement, nor invasion of the
right ofprivacy ofany person or persons, caused or claimed to have been caused
directly or indirectly, by the installation, operation, failure to operate,
maintenance, removal, presence, condition, occasion or use of emergency 91 I
servics features and the equipment associated therewith, or by any services
fumished by the Compiury, including, but not limited to the identification of thc
telephone number, address or name associated with the telephone used by the
party or parties accessing emergency 9l I scrvice, and which arise out of the
negligence or other wrongful act of the Company, the Customcr, its users,
agencies or municipalities, or the employees or agsnts ofany one of them.
3. When a Customer with a nonpublished telephone number, a-s defined herein.
places a call to the emergency 911 service, the Company will release the name
and address of the calling party, where such information can be determined. to
the appropriate local govemmental authority responsible for emergency 911
service upon request of such governmental authority. By subscribing to service
under this tariff, the Customer acknowledges and agrees with the release of
information as described above.
J. 'l'he included tariff languagc 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.
2. 1.5 Notifi cation of Service-Affecting Activities
The Company will provide the Customer reasonable notification of scrvicc-affccting
activities that may occur in normal operation of its business. Such activities may include,
but are not limited to, equipment or facilities additions, removals or rearrangements and
routine preventative maintenamce. Generally, such activities are not specilic to an
individual Customer but affect many Customers' services. No specific advance notification
period is applicable to all service activities. The Company will work cooperatively with
the Customer to determine the reasonable notification requirements. With some emergency
ISSUED: [DATEI EFFECI'IVE: [DATE]
Issued bv:Thomas Iladden. COO
5016 Spcdale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. l5
LOCAL AND INTERIIXCHANGII SERVICES TARITF
or unplanned service-affecting conditions, such as an outage resulting from cable damage,
notification to the Cuslomer may not he possible.
2.1.6 Provision of Equipment and Facilities
A. The Company shall use reasonable efforts to maintain only the facilities and
equipment that it fumishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, altempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company. except upon the writlen consent ofthe Company.
B. The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of
the service provided the Customer.
C. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used fbr any purpose
other than that for which the equipment is provided.
D. Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constructed.
maintained and operated as to work satisfactorily with the facilities of the
Company.
the through transmission of signals by Customer provided equipment or fbr
the quality of, or defects in, such transmission; or
2. the reception of signals by Customer-provided equipment; or
3. network control signaling where such signaling is performed by Customcr-
provided network control signaling equipment.
ISSUED: [DATE]EFFECTIVE: IDATE]
lssued by:Thomas I ladden. COO
5016 Spcdalc Ct. #304
Spring Hill TN 37174
E. The Company shall not be responsible for the installation. operation, or
maintenance of any Customer providcd communications cquipment. Where such
equipment is connected 1o the lacilities fumished pursuant to this tariff. thc
responsibility ofthe Company shall be limited to the furnishing olfacilities offered
Subject under this tariff and to the maintenance and operation of such facilities. to
this responsibility, the Company shall not bc responsible for:
Simwood, lnc.Idaho Tariff No. I
Original Page No. 16
LOCAL AND INI'I]REXClIANGE SERVICES TARIFF
2. 1.7 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be perfbrmed outside
the Company's rcgular business hours or in hazardous locations. In such cases, charges
based on cost of the actual labor, material, or othcr costs incurred by or charged to the
Company will apply. Ifinstallation is started during regular business hours, but. at the
Customer's request, extends beyond regular business hours into time periods including.
but not limited to, weekends, holidays, and/or night hours, additional charges may
apply.
2.1.8 Special Construction
Subject to the agreement ofthe Company and to all ofthc regulations contained in this
tariff, special construction offacilities may be undertaken on a reasonable efforts basis
at the request ofthe Customer. Special construction is conslruction undertaken:
1. where l-acilities are not prcsently available, and therc is no other requirement
for the facilities so constructed;
2. of a type other than that which the Company would normally utilize in the
fumishing of its services;
3. over a route othcr than that which the Company would normally utilize in the
fumishing of its services;
4. in a quantity greater than that which the Company would normally construct;
5. on an expcdited basis;
6. on a temporary basis until permanent facilities arc availablc;
7. involving abnormal costs; or
8. in advance olits normal conslruction.
2.1.9 Ownership of Facilities
Title to all lacilities provided in accordance with this tariffrcmains in the Company, its
partners, agents, contractors or suppliers.
2.2 Prohibitcd Uses
2.2.1 'l'hc services the Company offers shall not be used fbr any unlawful purpose or for any
usc as to which the Customer has not obtained all required governmental approvals.
authorizations, licenses, oonsenls and permits.
ISSUDD: IDATE]tFF'ECTIVE: IDATEI
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No, l7
LOCAL AND INTEREXCHNNGE SERVICES TARIFF
2,2.2 -lhe Company may require applicants for service who intend to use the Company's
ollbrings for resale and/or for shared use to file a letter with thc Company confirming that
their use of the Company's offerings complies with relevant laws and thc Public Utilitics
Commission of Idaho's regulations, policies, orders. and decisions.
2,2.3 The Company may block any signals being transmittcd over its Network by Customers
which cause interfbrence to thc Company or other users. Customcr shall be relievcd ofall
obligations to make payments for charges relating to any blocked Service and shall
indemnily the Company fbr any claim, judgment or liability resulting fiom such blockage-
2.2.4 A Customer. joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to another
entity if the existing Customer has paid all charges owed to the Company for regulated
communications services. Such a transfer will be treated as a disconnection of existing
service and installation ofnew service, and non-recurring installation charges as stated in
this tariff will apply.
2.3 Obligations of the Customer
2.3.1 (]eneral
The Customer shall be responsible tbr:
A. the payment of all applicable charges pursuant lo this tarif'l
B. damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents ofthe
Company;
C. providing at no charge, as specified from timc to time by the Company, any nccdcd
equipment, space and power to operate Company facilities and equipment installed
on the premises of the Customer, and the lcvel of heating and air conditioning
necessary to maintain the proper operating environment on such premises;
l'homas I'laddcn. C(X)
50I 6 Spcdalc (lr. #304
Spring FIill TN 37174
lSSllED: LDA'rEl
lssucd by:
EFFECTIVE: [DATE]
Simwood, lnc.
ISSUED: [DATEI
Idaho Tariff No. I
Original Page No. 18
I-OCAI- AND INTEREXCHANGE SERVICES'I'ARITI.-
D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-
way and conduit necessary lbr installation of fiber optic cable and associated
equipment used to provide Communications Services to the Customer from the
cable building entrance or property line to the location of the equipment space
described above in Section 2.3. | .C. Any and all costs associated with the obtaining
and maintaining the rights-olway described herein, including the costs ofaltering
the structure to permit installation of the Company provided facilities, shall be
bome entirely by, or may be charged by the Company, to the Customer. The
Company may require the Customer to demonstrate its compliance with this
section prior to accepting an order for service.
E. providing a safc place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees
and agents shall be installing or maintaining the Company's facilities and
equipment. The Customer may be required to install and maintain Company
facilities and equipment within a hazardous area if, in the Company's opinion.
iniury or damage to the Company employees or property might result liom
installation or maintenance by the Company. The Customer shall be responsible
lbr identifuing, monitoring, removing and disposing of any hazardous material
(e.g., lriable asbcstos) prior to any construction or installation work;
F. complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of- way
f,or which Customer is responsible under Section 2.3.1.D; and granting or
obtaining permission for Company agents or employees to enter the premises of
the Customer at any time for the pulpose of installing, inspecting, maintaining.
repairing, or upon termination of service as stated herein, removing the facilities
or equipment of the Company;
G. not creating or allowing to be placed any liens or other encumbrances on the
Company's equipment or facilities; and
H. making Company lacilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period during which service is interrupted for such purposes.
EFFECTIVE: [DATEI
Issued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring llill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 19
LOCAL AND INTEREXCHNNGE SERVICES TARIFF
A. '[he Customer will be liable for damages to the facilities of the Company and for
all incidental and consequential damages caused by the negligent or intentional acts
or omissions ofthe Customer, its oflicers, employees, agents, invites, or oontractors
where such acts or omissions are not the direct result ofthe Company's negligence
or intentional misconduct.
B. The included tarifflanguage 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 coun's
responsibility to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to determine the validity of the exculpatory clause.
C. l'o the extent caused by any negligent or intentional act of the Customer as
described in (A), preceding, the Customer shall indemnifu, defend and hold
harmless the Company from and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attomeys'fees, for (l) any loss,
destruction or damage to property ofany third party, and (2) any liability incurrcd
by the Company to any third party pursuant to this or any othff tarif'f ol the
Company, or otlerwise, for any intemrption of, interference to, or other defect in
any service provided by the Company to such third party.
D. The Customer shall not asse( any claim against any other Customer or user of thc
Company's services lor damages resulting in whole or in part fiom or arising in
connection with the fumishing of service under this tariff including but not limitedto mistakes, omissions, intem:ptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in any
way to the occurrence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the other Customer or user and not
by any act or omission of the Company. Nothing in this tariff is intended either to
limit or to expand Customer's right to assert any claims against third parties for
damages ofany nature other than those described in the preceding sentenoe.
ISSTJED: IDATE]EFFECTIVE: [DATE]
Issued by:'fhoma^s Hadden, COO
5016 Spedale Ct. #304
Spring l{ill TN 37174
2.3.2 l,iability of the Customer
Simwood, lnc.Idaho Tariff No. I
Original Page No. 20
LOCAI, AND INTEREXCHANGE SERVICES'IARIF F
2.;l Customer Equipment and Channels
2.4.1 General
A user may transmit or receive information or signals via the facilities of the Company. The
Company's services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form ofsignal that is
compatible with the Company's equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specilically stated in this tariff.
2.4.2 Station Equipment
A. ['crminal equipment on the user's prcmises and the electric power consumed by such
equipment shall be provided by and maintained at the expense ol the user. The user is
responsible for the provision ol'wiring or cable to connect its terminal equipment to the
Company MPOP.
B. The Customer is responsible for ensuring that Customer-providcd equipment connected to
Company equipment and facilities is compatible with such equipment and facilities. The
magnitude and character of the voltages and currents impressed on Company-provided
equipment and wiring by the connection, operation, or maintenance ofsuch equipment and
wiring shall be such as not to cause damagc to the Company-provided equipment and
wiring or injury to the Company's employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the Company at
the Customer's expense, subject to prior Customer approval ofthe equipment expense
2.4.3 Interconnection of Facilities
A, Any special interf'ace equipment necessary to achieve compatibility between the facilities
and equipment of the Company used lbr fumishing Communications Services and the
channels, facilities, or equipment ofothers shall be provided at the Customer's expense.
B. Communications Services may be connected to the services or facilities of other
communications carriers only whcn authorized by, and in accordance with, the terms and
conditions of the tarifl.s olthe other communications carriers which are applicable to such
connections.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued by:
EFFEC'l'IVE: [DATE]
Simwood, lnc.Idaho Tariff No. I
Original Page No. 2l
LOCAL AND INTEREXCHANGE SERVICES TARIFF
C. Facilities lumished under this tariff may be connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal equipment
shall be registered by the Federal Communications Commission pursuant to Part 68 of Title
47, Code of Federal Regulations; and all user-provided wiring shall be installed and
maintained in compliance with thosc regulations.
2.5 Customer Deposits and Advance Payments
2.5,1 Advancc Payments
The Compury does nol collect advance payments or deposit.
2.5.2 I)eposits
]-hc Clompany does not require deposits liom Customers
2.6 Payment Arrangements
2.6.1 Paymcnt for Service
A. General
The Customcr is responsible lbr the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized [J sers by the Customcr.
regardless of whether those services are used by the Customer ilself or are resold to or
shared with other persons.
The Customer is responsible for payment ofany use, gross receipts, excise, access or other
local, state, federal and 9l I taxes, charges or surcharges (however designated) (excluding
taxes on Company's net income) imposed on or based upon the provision, sale or use of
Network Services.
Customers will only be charged once, on either an interstate or intraslate basis, for any
nonrecurring or usage based charges.
Thomas Hadden. COO
5016 Spedale Ct.#304
Spring Hill TN 37174
ISSTJED: lDn'l Ll
lssued by:
EFFECTIVE: [DATE]
Simwood, lnc.Idaho Tariff No. I
Original Page No. 22
LOCAt, AND INTI],RIIXCHANCE SERVICES TNRIFF
B. Taxes, Fees and Surcharges
The Company rcserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer. where
permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax. Gross
Receipts Tax, Idaho Telecommunications Service Assistance Program, and Universal
Service. lJnless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer
invoices.
2.6.2 Billing and Collcction of Charges
The Customer is rcsponsible for payment ofall charges incuned by the Cuslomer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A. Nonrecurring charges are due and payable within thirty (30) days after the invoice datc.
unless otherwisc agrccd to in advance.
B. The Company shall present invoices tbr recurring charges monthly to the Customer, in
advancc ofthe month in which service is provided, and Recurring Chargcs shall bc duc
and payable within thirty (30) days after the invoice date. When billing is based on
customer usage, charges will be billed monthly ibr the preceding billing periods.
C. The Monthly Recurring Charges are billed in advance. Monthiy Recurring Charges are
accrued in lull as of the first day of the billing cycle in which the service is fumished.
'l'herefore, the Monthly Recurring Charges are not subject to pro-rating if service is
disconnected prior to the end ofa billing period.
D. Billing of the Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies the
Customer thal the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this tariff or the Scrvice
Order. Billing accrues tlrough and includes the day that the service, circuit,
arrangement or component is discontinued.
E. 'I hc Company may apply a late payment charge to Customers receiving basic or
packaged business services ifany portion ofthe Customer's payment is received by the
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Simwood, Inc.ldaho 'l'ariff No. I
Original Page No. 2-1
I,OCAL AND IN'IEREXCHANGE SERVICES TARIFF
Collection procedures are unaffected by the application of the late payment or financc
charge. The late payment charge does not apply to final amounts.
F. The Customer will be assessed a charge of twenty dollars ($25.00) for each check or
other payment type submitted by the Customer to the Company that a bank or other
tlnancial institution reluses to honor.
G, If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service will be subject to all applicable installation
charges.
2.6.3 Disputed Bills
A. ln the evcnt that a billing dispute occurs conceming any charges billed to the Customer
by the Company, the Company may require the Customer to pay the undisputed portion
of the bill to avoid discontinuance of service for non- payment. The Customer must
submit a documented claim for the disputed amount. The Customer will submit all
documentation as may reasonably be required to support the claim. Al[ claims must be
submitted to the Company within a reasonable period of time after receipt of billing for
those services and in accordance with ldaho law. If the Customer does not submit a
claim as stated above, the Customer waives all rights to filing a claim thereafter.
B. Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company. then the
Customer may file a complaint with the Idaho Public Utilities Commission, I l33l W.
Chinden Blvd., Building 8, Suile 201-A, Boise, ID 83714:,208-334-0300 or l-800-432-
0369.
C. If the dispute is resolved in favor olthe Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
ISSUED: [DATE]EFFECTIVE: IDN I.F,I
Issued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Company afier the payment due date, or if any portion of the payment is received by
the "Due Before Date" in funds which are not immediately available upon presentmcnt.
The late payment charge shall be applied to the portion ofthe payment not received by
the dale due, multiplied by a factor. The late factor shall be 1.57o per month. A Finance
Charge of 1.5% shall apply to the outstanding balance of charges, as at the end ofthe
"Due Bcfore Date", with effect from the second month after the charges are first
applied, and every month thereafter.
Simwood, Inc.Idaho Tariff No. I
Original Page No. 24
I,O(]A I, AN t) INI'I]RT.]X(]IIANCII SERVICES TARI FF
2.7 Discontinuance of Sen'ice
2.7.1 Service may be disconnected after seven (7) days written notice for any of the following
reas()ns:
A. The Customer did not pay undisputed delinquent bills for local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
B. The Customer failed to abide by the terms of a payment arrangement.
C. The Customer misrepresented the Customer's identity for the purpose of ohtaining
telephone service.
D, The Company determines as prescribed by relevant state or other applicable standards
that the Customer is willfully wasting or interl'ering with service through improper
equipment or otherwise.
E, '[ he Customer is using service(s) for which the Customer did not apply.
2.7.2 Lt least 24 hours beibre actual termination, the Company will attempt to contact the
Customer affected to apprize the Customer ofthe proposed termination action and steps to take
to avoid or delay termination. Service will not be terminaled in the event that a lbrmal or
informal complaint conoeming termination is filed with the Commission.
2.7.3 Service may be disconnected without notice for any ollhe fbllowing reasons
A. 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. The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C. ln the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, dive(ed or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement ofthis provision.
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATEI
Simwood, lnc.ldaho TariffNo. I
Original Page No. 25
I,OCAL AND INTEREXCHANGE SERVICL,S 1'AIII},F
D. The Company has tried diligently to meet the notice requirements but has been
unsuccesstul in its attempt to contact the Customer affected.
E. l-he Customer has misrepresented the Customer's identity lbr purposes of obtaining
telephone service and has an outstanding bill exceeding $ 100.
F. LJpon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankruptcy or reorganization, or lhiling to discharge an involuntary petition within the
time permittcd by law.
G. Upon the Company's discontinuance of service to the Customer under Section 2.7.I or
2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may declare all
future monthly and other charges that would have been payable by the Customer during
the remainder ofthe term for which such services would have otherwise been providcd
to the Customer to be immediately due and payable.
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where
the Company permits a Customer to cancel an application for service prior to the start ofservicc
or prior to any special construction, no charges will be imposed except lbr those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in
installing the service or in preparing to install the service that it otherwise would not have
incurred, a charge equal to the costs incurred by the Company, shall apply, but in no case shall
this charge exceed the sum ofthe charge for the minimum period ofservices ordered, including
installation charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service commenced.
ISSLJED: [DA]'E]E,F-FE(ITIVE: [DAl I I
issued by:Thomas Iladden, COO
5016 Spedale Ct.#304
Spring Hill TN 37174
2.8.3 Where thc Company incurs any expense in conneclion with special construction, or
where special arrangements of facilities or equipment have begun, before the Company
receives a cancellation notice, a charge equal to the costs incurred by the Company applies. In
such cases, the charge will be based on such elements as t}te cost ofthe equipment, facilities,
and material, the cost of installation, engineering, labor, and supervision, general and
administrative expense, other disburscments, depreciation, maintenancc, taxcs. provision for
Simwood, Inc.Idaho TariffNo. I
Original Page No. 26
LOCAL AND INTEREXCHANCE SERVICES ]'ARI}'F
retum on investment, and any other costs associaled with the special construction or
arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and applied on a
case-by-case basis.
2.9 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, service parameters, premises locations, or otherwise materially modifies any
provision of the application for service, the Customer's installation fee shall bc adjusted
accordingly.
Intemrptions in service that are not due to the negligence ot, or noncompliance with the
provisions of this tariffby, the Customer or the op€ration or malfunclion of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.6.1
for the part of the service that the interruption affects.
2.10.1 General
A. Service Outage. A credit allowance will be given when service is interruptcd, except as
specified below. A service is interrupted when it becomes inoperative to the Customer,
e.g., the Customer is unable to transmit or receive, because of a cross-talk, stalic or olher
transmission problem, the Company will respond to a Customer's report of such a "service
outage" in accordance with IDAPA 31.41.01 Rule 503. Customer's bills witl be
appropriately and automatically credited pursuant to the terms of Rulc 503.
B. Receipt and Recording of Reports. The Company will provide for the receipt of Customer
trouble reports at all hours and make a full and prompt investigation ofand response to all
reports. 'I'he Company will maintain an accurate record of trouble reports made by its
Customers. This record will include accurate identification of the Customer or service
affected, the time, date and nature of the report, the action taken to clear the trouble or
satisry the Customer, and the date and time oftrouble clearance or other disposition. I'his
record will be available to the Commission or its authorized representatives upon request
at any time within two (2) years of the date of the record.
ISSUED: IDATEI EFFECTIVE: [DATE]
Issucd bv:'I'homas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
2,10 Allowances for Intcrruptions in Service
Simwood, Inc.Idaho Tariff No. I
Original l'agc No. 27
l.O(lAl. ANI) IN I Elttrx(ll IAN(il: SLRVI('llS TARIFF
C. Repair Commitmcnts. Commitments to the Customer for repair service will be set in
accordance with Rule 503.'l'he Company will make every reasonable attempt to lullill
repair commitments to its Customers. Customers will be timely notified of unavoidable
changes. Failure to meet a repair oommitment does not relieve the Company ofthe credited
provisions in Rule 503.01, unless the Customcr fails to kecp an appointment the Customer
agreed to when the original commitment was made.
D. Restoration of Service. Whcn thc Company providing local exchange is informed by a
Customer of a local exchange service outage, the Company will restore service within
lorty-eigh(48) hours after the report ofthe outage, except:
l. For outages reported on Thursday, the company must restore service no later than the
following Monday by 6pm.; and
2. For outages reported on Friday, Saturday or Sunday, the company must restore service
no laler than the following Tuesday by 6pm.
E. Extenuating Circumstances. Following disruption of telephonc service caused by natural
disaster or other causes not within the telephone company's control and allecting large
groups of customers, or in conditions where the personal saf'ety of an employee would be
jeopardized, the telephone company is required to use rcasonable judgment and diligence
to restore service, giving due regard lor the needs ofvarious customers. When a customer
causes the customer's own service outage or does not make a reasonable effort to arrange
a repair visit within the service restoration deadline, or when the telephone company
determines that the outage is attributable to the customer's own equipment or inside wire.
the telephone company is not required to meet the restoration timelines of Rule 502.01.
Following disruption of local exchange service caused by natural disaster or other causes
not within the Company's control and aff'ecting large groups of Customers, or in conditions
where the personal safbty on an employee would be jeopardized, the Company is not
required to provide the credit referred to in Subsection 503.01 as long as it uses reasonable
judgment and diligence to restore service, giving due regard fbr the needs ol various
Customers and the requirements of the telecommunications service priority (TSP)
program. When a Customer causes the Customer's own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or when
the Company determines that the outage is attributable to the Customer's own equipment
or inside wire, the Company is not required to providc to that Customer the credit referred
to in Subsection 503.01 .
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Thomas lladden, COO
5016 Spedale Ct. #304
Spring Hill fN 37174
Simwood, lnc.Idaho Tariff No. I
0riginal Page No. 28
LOCAL AND INTEREXCHANGE SERVICES'I'ARII'F
F. Compliance Standard. Each month at least ninety percent (90%) of out-o1'-service trouble
reports will be cleared in accordanse with Subsection 503.01 and 503.02. The Company
will keep a monthly service record as described in Subsection 502.01 and will notiff the
Commission whenever the record indicates the ninety percent (90%) level has not been
me1 fbr a period ofthree (3) consecutive months.
2.1 I Cancellation of Service/Tcrmination Liabilitl
Ifa Customer cancels a Service Order or terminates services before the completion ofthe term
lor any reason whatsoever other than a service intemrption (as delined in Seotion 2.10.1
above), the Customer agrees to pay to the Company termination liability charges. as defined
below. These charges shall become duc as of the effective date of the cancellation or
termination and be payable within the period, set forth in Section 2.6.2.
2.1 l.l Termination Liability
The Customer's termination liability for cancellation ofservice shall be equal to:
A. all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
B. any disconnection, early cancellation or termination charges reasonably incurred and paid
to third parties by the Company on behalfofthe Customer; plus
C. minus a reasonable allowance for costs avoided by the Company as a direct result of the
C ustomer's cancellation.
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees. surcharges, etc., which accrue up
to the cancellation date. Customers that cancel the primary local exchange line will have the
entire Account disconnected, including any secondary line and all associated fealures. In the
event the customer executes a term commitment agreement with the company, the customer
must cancel service and terminate the agreement in accordance with the agreement terms.
ISSUTD: IDATE]I,FFECTIVE: [DATE]
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring l{ill TN 37174
Simwood, Inc.Idaho TariffNo. I
Original Page No. 29
LOCAL AND IN'I-EREXCHANGE SERVICES I'ARIF-T
2.13 Transfcrs and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the services and facilities provided by the Company without the written consent of the
other party, except that the Company may assign its rights and duties:
A. to any subsidiary, parent company or affrliate of the Company; or
B. pursuant to any sale or transfer of substantially all the assets of the Company; or
C. pursuant to any financing, merger or reorganization ofthe Company.
2.14 Customer Liahility for Unauthorized Use of the Network
lJnauthorized use of the network occurs when a person or entity that does not have actual.
apparent, or implied authority 10 use the network, obtains the Company's services provided
under this tariff.
2.14.1 Customer Liability for Fraud and Unauthorized Usc of Company calling card.
A. The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use ofa Company calling card, ifsuch a card is offered by the Company, or
an accepted credit card, provided that the unauthorized use occurs before the Company
has been notified.
B. A Company calling card is a telephone calling card issucd by the Company at the
Customer's requesl, which enahles the Customer or user(s) authorized by the Customer
to place calls over the Network and to have the charges lbr such calls billed to the
Customer's account.
An accepted credit card is any credit card that a cardholder his requested or applied for
and received, or has signed, used, or authorized another person to use to obtain credit.
Any credit card issued as a renewal or substitute in accordance with this paragraph is
an accepted credit card when received by the cardholder.
C. The Customer must give the Company written or oral notice that an unauthorizcd use
ofa Company calling oard or an accepted credit card has occurred or may occur as a
result of loss. and/or theft.
ISSUED: IDATE]EFFECTIVE: [DATE]
Issued by:Thomas Hadden, COO
501 6 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.ldaho Tariff No. I
Original Page No. 30
I,OCAL AND INTEREXCHANGE SERVICES TARIF'F
D. The Customer is responsible for paymenl of all charges lbr oalling card services
f'urnished to the Customer or to users authorized by the Customer to use service
provided under this tarift unless due to the negligcnce of the Company. This
responsibility is not changcd duc to any use, misuse. or abuse olthe Customer's service
or Customcr-provided equipment by third parties, the Customer's employees, or the
public.
The liabilit-v of the Customer for unauthorized use of the Network by credit card fraud
will not exceed the lesser ol filiy dollars ($50.00) or the amount of money, property,
labor, or services obtained by the unauthorized user bcfore notification to the Company.
2.15 Usc of Customer's Service by Others
2.15.1 Joint Use Arrangements
Joint use arrangements will be permiued for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsible fbr the
manner in which the joint use ofthe service will be allocated. The Company will accept orders
to start, rearrange, relocate, or discontinue service only from the Customer. Without affecting
the Customer's ultimate responsibility for payment of all charges lor the service, each joint
user shall be responsiblc for the payment ofthe charges billed to it.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company
shall mail or deliver all notioes and other communications, except that Customer may also
designate a separate address to whioh the Company's bills for service shall be mailed.
2,16.3 The Company shall designate on the service order an address to which the Customer
shall mail or deliver all notices and other communications. except that Company may designate
a separate address on each bill for service to which thc Customer shall mail payment on that
bill.
2.16.4 Except as otherwise stated in this tariff, all notices or other communications required
to be given pursuant to this tariffwill be in writing. Notices and other communications of eitier
party, and all bills mailed by the Company, shall be presumed to havc bccn delivered to the
other party on the third business day following placement ofthe notice, communication or bill
'l'homas Hadden. C(X)
5016 Spedale Ct. #304
Spring Ilill TN 37174
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Simwood, lnc.ldaho Tariff No. I
Original Page No. 3l
LOCAL AND INTI]RI]XC I IAN(i I-, STJRV ICES TAR I IIII
with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually receivcd or refused by the addressee, whichever occurs first.
2.16.5 The Company or the Customer shall advise the other party of any changes to the
addresses designated fbr notices, other communications or billing, by following the procedures
Ibr giving noticc set lorth herein.
2.17 Universal Emergency Tolephone Numher Service (911)
Thomas Iladden, COO
5016 Spedale Ct. #304
Spring Hill'l'N 31174
ISStIED: [DA]'El
Issued by:
EFFECTIVE: [DATE]
Universal Emergency Telephone Number Service (91I Service) is an arrangement of Company
central office and trunking facilities whereby any telephone user who dials the numbers 911 will
reach the emergency report ccnter for the telephone from which the number is dialed or will be
routed to an operator if all lines to an emergency report center are busy. lf no emergency report
center Customer exists for a central oflice entity, a telephone user who dials the numtrer 911 will
be routed to an operator. No call-specific charges apply to 911 calls.
Simwood, Inc.Idaho TariffNo. I
()riginal Page No. 32
LOCAL AND INTEREXCHANGE SERVICIIS'I'ARII]II
SECTION 3 - SER\'ICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability ol' lacilities and equipment.
throughout the State ol ldaho.
Thomas I{adden, COO
5016 Spedale Ct. #304
Spring Hilt TN 37174
ISSUED: [DATE]
lssued by:
BI'FECTIVE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 33
LOCAL AND IN'I'HREXCI IAN(;Ii SIiItVI(]IIS TARIFI,
SECTION 4. SERVICE, CHARCES AND SURCHAR(;I.]S
4.1 Service Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in
sen'lce.
{.1 .l Sen icc Order Charges
Primary Line Connection Charge - applies to requests for initial connection or
establishment oftelephone service to the Company.
Secondary Line Connection Charge - applies to the second or additional line of a new
access line installation and connection and customer requests for an insidc move, changc
or addition to regular service. This charge applics only when the second or additional line
is ordered simultaneously with the initial conncction for service.
Service Order Charge - applies to connection ofnew lines and to service orders associated
with Customer requests for changes in service, moves and the addition of services,
including calling features.
.1.1.2 Rates
Charge Pricc
Feature Add or Change $10.00 per Ordcr
Basic Service Change $10.00 per Order
Establishing or Re-arranging Hunting $10.00 per Order
Directory Listing Change $10.00 per Order
Invoice Changc $25.00 per Order
TransIer of Scrvice $25.00 per Order
Telephone Number Change $25.00 per Order
Line Signaling Change $25.00 per Order
Vanity Number Search $25.00 per Order
Establishing Dual Service $25.00 per Order
Expedite Service Charge (LWC/t JNE)$50.00 per Order
Expedite Service Charge (|acilities)$200.00 pcr Day per Linc
'I'homas Hadden. CO0
5016 Spedale Ct. #304
Spring Ilill TN 37174
ISSUED: [DATE]EFIIECTIVL: [DATE]
Issued hy:
Simwood, I nc.ldaho Tariff No. I
Original Page No. 34
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Expedite Service Charge (Tl Circuits)$595.00 per Day per Circuit
4.2 Restoral Charge
A restoration charge applies to the restoration of suspended service and facilities because of
nonpayment of bills and is payable at the time that the restoration ofthe suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of
service. service is later re-installed.
Restoration aftcr temporary denial, but prior to
completion ol'order to discontinue service
Business
$ 10.00
4.3 Premise Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble
resolution require a visit to the Customer's premises. This charge applies in addition to thc
Technician Dispatch Charge.
4.4 Carrier Presubscription
4.4.1 General
Carrier Presubscription is a procedure whereby a Customer designates to the Company thc
carrier which the Customer wishes to be the carrier of choice for intral-A'l'A and
interl-ATA toll calls. Such calls are automatically directed to the designated carrier,
without the need to use carrier access codes or additional dialing to direct the call to the
designated carrier. Presubscription does not prevent a Customer who has presubscribed to
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Business
Time and Materials s30.00
After-hours Time and Materials $r 00.00
Installation Charges - I st Hour $ l 30.00
Repair Charge - I st li2 Hour $ I 65.00
Repair Chargc -tjach Add'l l/2 Hour $30.00
Trip Chtrge $ 100.00
ISSUED: [DATE]
Issued bv:
EFFECTIVE: IDATEJ
Simwood, Inc.Idaho Tariff No, I
Original Page No. 35
I,OCAL AN D INTEREXCHANGL, SL,RV IC T.]S'I'A R I }, I'
an IntraLATA or Inter[.ATA toll carrier from using carrier acoess codes or additional
dialing to direct calls to an altemative long distance oarrier on a per call basis.
4.4.2 Presubscription Options - Customers may select the same carrier or separate
carriers lbr intraLATA and interLATA long distance. The following options for long
distance Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLATA
and InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carrier for
IntraLATA calls subject to presubscription and some other carrier as the presubscribed
camier for interl,ATA toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intraLATA toll
calls subject to presubscription and the Company for interl,ATA toll calls subject to
presubscription.
Option D: Customer may select the carrier other than the Company for both intraLATA
and interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary
intraLATA interexchange carrier. The other carrier to be the Customer's primary
interlATA intercxchange carrier.
Option F': Customer may select a carrier other than the Company for no presubscribed
carrier for intraLATA toll calls subject to presubscription which will require the
Customer to dial a carrier access code to route all intralA'l'A toll calls to the canier of
choice for each call.
4.4.3 Rules and Regulations
Customers of record will retain their primary interexchangc carric(s) until they request
that their dialing arrangemcnts be changed.
Customers of record or new Customers may select either Options A, B, C, D, E or F for
intralATA Presubscription.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill 'tN 37174
ISSUED: IDATE]
Issued by:
IiFl..[i(]'l'lVE: IDA I L]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 36
I,OCAI, AND INTEREXCHANGE StlRVICES TARIFF
Customers may change their selected Option and,/or presubscribed toll carrier at any time
subject to charges specified in 4.5.5 below:
-1.,[.4 Presubscription Procedures
n new Customer will be asked to select intmLATA and interLATA toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer's order for service. All new Customers' initial requests
lbr intraLATA toll service presubscription shall be provided free ofcharge.
If a new Customer is unable to make selection at the time the new Customer places an order
to establish local exchange service, the Company will read a random listing ofall available
intraLATA and interl-ATA carriers to aid the Customer in selection. If selection is still not
possible, the Company will infbrm the Customer that he/she will be given 90 calendar days
in which to inform the Company ofhis/her choice for primary toll carrier(s) free ofcharge.
Until the Customer informs the Company of hisftrer choice of primary toll carrier, the
Customer will not have access to long distance services on a presubscribed basis, but rather
will be required to dial a oarrier access code to route all toll calls to the carrier(s) ofchoicc.
Customers who infbrm the Company of a choice for toll carrier presubscription within the
90-day period will not be assessed a service charge for the initial Customer requesl.
Customers of record may initiate a intraLATA or interLATA presubscription change at
any time, subject to the charges specified in 4.5.5 below. If a Cuslomer ofrecord inquires
ofthe Company ofthe carriers available for toll presubscription, the Company will read a
random listing ol'all available intraLATA carriers to aid the Customer in selection.
,1.4.5 Presubscription Charges
A. Application of Charges
After a Customer's initial selection for a presubscribed toll carrier and as detailed in
above, for any change thereafter, an Presubscription Change Charge. as set for the
below will apply. Customers who request a change in intraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
B, Nonrecurring Charges
Per business linc $ 10.00
Thomas I ladden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Simwood, lnc.ldaho 'I'ariff No. I
()riginal Page No. 37
SE,CTION 5. LOCAL EXCHAN(;8, SERVICE
5,1 (Jeneral
Idaho Tariff No. 1 Section 5 Original Pagc I
5.1.2 Timing on completed calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this signaling
is provided by the terminating local carrier and any intermediatc carrier(s).
5.1.3 Timing terminates on all calls when the calling party hangs up or the Company's
network receives an ofl'-hook signal from the terminating carrier.
5.1.4 Clalls originating in one time period and terminating in anothcr u'ill bc billcd in
proportion to thc rates in effect during diffcrcnt scgmcnts ofthc call.
5.1.5 All times rel'er to local trme.
5.1.2 Calculation of Distance
The Company does not offer services rated by distancc.
5.1.3 Time of Day
The Company does not offer services rated by timc of day.
'fhomas Hadden, COO
5016 Spedale Ct. #304
Spring IIill TN 37174
ISSUED: IDATEJ
Issued by:
EF'FECTIVE: lDAI'El
LOCAL AND INTEREXCHANGE SERVICES l'ARII-'F
5.1.1 Call Timing for Usagc Sensitivc Services
Where charges for a service are sp€cified based on the duration ofuse, such as the duration ol
a telephone call, the following rules apply:
5.1.1 Calls are mcasured in durational incrcmcnts identified for each service. All calls
which are fractions ol'a measurement increment are rounded-up to the next whole unit.
Simwood, Inc.Idaho Tariff No. I
Original Pagc No. 38
I,OCAL AND IN I ERL,XCIIAN(iIi SIitI.VI('IIS TARIFI]
5.2.1 Business Exchange Access Line Service
Monthlv
Rate
Each Line s32.00
5.2.2 Optional Features
Monthly Per Access Line
Anonymous Call Rejection
Call Forwarding
Call Return
Call Waiting
Caller ID
Repeat Dialing
Speed Calling (8-Code)
Speed Calling (30-Code)
Three-Way Calling
Toll Restriction
$3.9s
$3.95
$4.65
$3.95
$9.00
$4.4s
$3.9s
$4.9s
s'l os
$4.0s
Thomas Hadden, COO
5016 Spedale CI.#304
Spring llitl 1N 37174
lSStlED: [DATE]
Issued by:
F.FFE(ITIVE: IDATE]
5.2 Simwood Products
Simwood, Inc.Idaho Tariff No. I
Original Page No. 39
I,OCAL AND INTEREXCHANGE SERVICh,S'I'ARI I }
5.2.3 Directory Listings
Nonrecurring
Chargc
Monthly
Rate
$0.00
$r.60
$3.1 5
$1.60
First Listing
Each Additional Listing
Non-Published Number, per l,ine
Non-Listed Number, per l,ine
Change in Directory Listing $ 18.00
5.2.4 Directory Assistancc
Per ('all
Directory Assistance, Each Call
Directory Assistance Call Completion, Each Call
$0.40
$3.95
5.2.5 Directory Assistance
Operator Service Charges Per call
- Operator Station
- Person-to-Person
$2.05
$4.40
'l'homas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
lSStiED: [DATE]
Issued by:
Lil;EC't lVt,: IDA'lti]
Simwood, lnc.
Nonrecurring
Chargc
Monthly
Rate
LOCAL AND INTEREXCTIAN(iE SERVICES TARIFF
5.2.5 Busy Line Verification and Interrupt Service
Busy Line Verification, each requesl $0.95
Busy Line Interrupt, each requesl $1.40
NOTE: A Busy Line Verification chargc also applies for each Busy Line lntcmrption
5.2.6 l)irect lnward Dial (DID) Service
DID Trunk Termination $45.00 523.40
Per Block of20 DID Numbcrs, each $432.00 $3.05
NOTE: The nonrecurring charge applies to the first group of DID numbers assigned to a
customer per occasion.
5.2.7 Individual Case Basis (lCB) Arrangemonts
Arrangements will be developed on a case-by-case basis in response to a bona fide request
from a Customer or prospective Customer to develop a competitive bid for a Service. Rates
quoled in response to such competitive requests may be different than those specified lbr
such Services in this Tariff. ICB rates will be offered to the Customer in writing and on a
non-discriminatory basis.
8.1 Individual Case Basis (ICB) Arrangements
Individual Case Basis (lCB) Anangements Arrangements will be developed on a case-by-
case basis in response to a bona fide request from a Customer or prospective Customer to
develop a competitive bid for a Service. Rates quoted in response to such competitivc
requests may be different than thosc specilied fbr such Services in this 'l'ariff. ICB ratcs
will be offered to the Customer in writing and on a non-discriminatory basis.
ISSUITD: IDA lEl EFFECTIVE: IDA1'l-]
Issued by Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Idaho TariffNo. I
Original Page No. .ll)
Simwood, Inc.Idaho TariffNo. I
Original Page No. 4l
At the option ofthe Company, services may be offered on a contract basis to meet specialized
pricing requirements of the Customcr not contemplated by this tariff. The terms of each
contract shall be mutually agreed upon by the Customer and Company and may include terms
which are different from those contained in this tariffor different rates from those contained
herein or discounts offofratescontained herein and waiverofrccurring. nonrecurring, or usage
charges- 'l'he terms ofthe contract may be based partially or completely on a term and volume
commitment, type ofaccess arrangement, m ixture ofservices, or other distinguishing features.
Unless otherwise specified, the contractual regulations tbr such arrangements are controlling
as explained at Page 4, Application ofTariff.
Thomas Hadden, COO
5016 Spcdale Ct. #304
Spring Hill TN 37174
ISSUED: [DAl'Ll
Issucd by:
EFFECTIVE: [DATE]
t,OCAL AND IN'fIiREXCHANGE SERVICIIS TARIFF