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HomeMy WebLinkAbout20111114Amended Tariffs.pdfe e SPECTROTEL, INC. D/B/A ONETOUCH COMMUICATIONS D/B/A TOUCH BASE COMMUICATIONS Exhibit H Amended Proposed Local and Long Distance Tariff e e Spectrotel, Inc. d/b/a OneTouch Communications. d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Issued By: Ross Artale, Chief Operating Offcer Idaho Tarff No. 1 Original Title Page LOCAL AND INTEREXCHANGE SERVICES TARIF IDAHO LOCAL EXCHANGE TELECOMMICATIONS SERVICES TARIF OF SPECTROTEL, INC. d/b/a OneTouch Communications d/b/a Touch Base Communications This tarff contains the descriptions, regulations, and rates applicable to the provision of local exchange telecommunications services provided by Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications with principal offces at 3535 State Highway 66, Suite 7, Neptune, NJ 07753for services furnished within the State ofIdaho. This tariff is on file with the Idaho Public Utilties Commission, and copies may be inspected, during normal business hours, at the Company's pricipal place of business. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 1 LOCAL AND INTEREXCHANGE SERVICES TARIF CHECK SHEET The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised pages as named below contain all changes from the original rate sheet that are in effect on the date shown on each page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original *26 Original *56 Original * 1 Original *27 Original *57 Original * 2 Original *28 Original *58 Original * 3 Original *29 Original *59 Original * 4 Orginal *30 Original *60 Original * 5 Original *31 Original *61 Original * 6 Original *32 Original *62 Original * 7 Original *33 Original *63 Original * 8 Original *34 Original *64 Original * 9 Original *35 Orginal *65 Original * 10 Original *36 Original *66 Original * 11 Original *37 Original *67 Original * 12 Original *38 Original *68 Original * 13 Original *39 Original *69 Original * 14 Original *40 Original * 15 Original *41 Original * 16 Original *42 Original * 17 Original *43 Original * 18 Original *44 Original * 19 Original *45 Original * 20 Original *46 Original * 21 Original *47 Original * 22 Original *48 Original * 23 Original *49 Original * 24 Original *50 Original * 25 Original *51 Original * * - indicates those pages included with this fiing Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 2 LOCAL AND INTEREXCHANGE SERVICES TARIF TABLE OF CONTENTS Page Check Sheet......................................................................................................... 1 Table of Contents .................................................................................................. 2 Explanation.... ..... .......... ..... ....... ... ..... ......................... ................ .......................... 3 Application of Tariff... .............. ...... ..... .......... ........ .... ..................... ............. ........ 4 SECTION 1 - DEFINITIONS .......................................................................... 5 SECTION 2 - RULES AND REGULATIONS................................................. 9 SECTION 3 - SERVICE AREAS ..................................................................... 42 SECTION 4 - SERVICE CHAGES AND SURCHARGES........................... 43 SECTION 5 - BASIC SERVICES AND RATES 48 SECTION 6 SUPPLEMENTAL SERVICES ................................................. 50 SECTION 7 LONG DISTANCE SERVICES AND RATES ......................... 62 SECTION 8 ACCESS SERVICES ................................................................. 65 SECTION 9 SPECIAL ARNGEMENTS .................................................. 66 SECTION 10 PROTIONAL OFFERIGS ....................................................... 69 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 3 LOCAL AND INTEREXCHANGE SERVICES TARIF EXPLANATION OF SYMBOLS When changes are made in any taiff sheet, a revised sheet wil be issued canceling the tariff sheet affected. Changes wil be identified on the revised sheet(s) through the use of the following symbols: (C) To signify changed rate, regulation or condition. (D) To signify discontinued rate, regulation or condition. (I) To signify increase. (N) To signify new material, including a listing, rate, regulation, rule or condition. (R) To signify reduction. (T) To signify a change in the word of text, but no change in the rate, rule or condition. (M) Moved from another taiff location. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 4 LOCAL AND INTEREXCHANGE SERVICES TARIF APPLICATION OF TARFF This tariff sets forth the service offerings, rates, terms and conditions applicable to the fuishing of intrastate end-user local exchange communications services by Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications, hereinafer referred to as the Company, to Customers within the state ofIdaho. Spectrotels services are furnished subject to the availabilty of facilties and subject to the terms and conditions set forth herein. This tariff is on fie with the Idaho Public Utilties Commission. In addition, this taff is available for review at the main offce of Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications at 3535 State Highway 66, Suite 7, Neptune, NJ 07753. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 5 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 1 - DEFINITIONS For the purpose of this tariff, the following definitions wil apply: Access Line - An arangement from a local exchange telephone company or other common carer, using either dedicated or switched access, which connects a Customer's location to Carets location or switching center. Advance Payment - Par or all of a payment required before the sta of service. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carer to identify the origin of service of the Customer so it may rate and bil the call. All authorization codes shall be the sole propert of Carier and no Customer shall have any propert or other right or interest in the use of any paricular authorization code. Automatic numbering identification (ANI may be used as or in connection with the authorization code. Authoried User - A person, fir or corporation authorized by the Customer to be an end-user of the service of the Customer. Automatic Numbering Identification (ANI) - A tye of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates. Commission - The Idaho Public Utilties Commission. Common Carrier - An authorized company or entity providing telecommunications services to the public Company - Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications, the issuer of this tariff. Customer - The person, fir or corporation that orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff. Customer Premises - A location designated by the Customer for the puroses of connecting to the Company's services. Customer Terminal Equipment - Terminal equipment provided by the Customer. End Offce - The LEC switching system offce or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to tr. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a ÖneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. I Original Page 6 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 1 - DEFINITIONS, (CONT'D.) End-User Premises - A location designated by the Customer for the puroses of connecting to the Company's services. Eq ual Access - A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the Company's network. Presubscribed Customers may also route interexchange calls to the Company's network by dialing an access code supplied by the Company. Exchange Telephone Company or Telephone Company - Denotes any individual, parership, 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. ICB - Individual Case Basis. IXC or Interexchange Carrier- A long distance telecommunications services provider. LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for theDistrict of Columbia in Civil Action No. 82-0192; or any other geographic area designated as aLA TA in the National Exchange Carrier Association, Inc. TariffF .C.C. No.4, or its successor tariff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Monthly Recurring Charges - The monthly charges to the Customer for services, facilties and equipment, which continue for the agreed upon duration of the service. MOU - Minutes of Use. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 7 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 1 - DEFINITIONS, (CONT'D.) Serving Wire Center - A specified geographic point from which the vertical and horiontal coordinate is used in calculation of airline mileage. Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided local exchange line. Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local telephone lines are presubscribed by the Company to the Company's outbound service such that" 1 + 1 O-digit number" calls are automatically routed to the Company's or an IXC's network. Calls to stations within the Customer's LATA may be placed by dialing "10XX" or "10IXX" with 1 + 10-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 effect communications through such connections. Subscriber - The person, fir, parership, corporation, or other entity who orders telecommunications service from YMax. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company. NECA - National Exchange Cariers Association. Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and establish service. PIN - Personal Identification Number. See Authorization Code. Point of Presence ("POP") - Point of Presence Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 8 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 1 - DEFINITIONS, (CONT'D.) Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service. Service - Any means of service offered herein or any combination thereof. Service Order - The wrtten 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 of the paries as set fort therein and pursuant to this tariff. Switched Access Originationlermination - Where access between the Customer and the interexchange carier is provided on local exchange company Featue Group circuits and the connection to the Customer is a LED-provided access line. The cost of switched Feature Group access is biled to the interexchange carier. Terminal Equipment - Any telecommunications equipment other than the transmission or receiving equipment installed at a Company location. Usage Charges - Charges for minutes or messages traversing over local exchange facilties. User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service provided under this taff. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Orginal Page 9 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertakes to furnish communications service pursuant to the terms of this tarff in connection with one-way and/or two-way information transmission originating from points within the State ofIdaho, and terminating within a local callng area as defined herein. The Company is responsible under this tarff only for the services and facilties provided hereunder, and it assumes no responsibilty for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own Customers. 2.1.2 Shortage of Equipment or Facilties A. The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilties offered by the Company, when necessar because of lack of facilties, or due to some other cause beyond the Company's control. B. The fuishing of service under this tarff is subject to the availabilty on a contiuing basis of all the necessar facilties and is limited to the capacity of the Company's facilties as well as facilities the Company may obtain from other cariers to furnish service from time to time as required at the sole discretion of the Company. Issued: October 17, 20 i 1 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 10 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Cont'd.) 2.1.3 Terms and Conditions A. Service is provided on the basis of a minimum period of at least thir (30) days, 24- hours per day. For the purpose of computing charges in this taiff, a month is considered to have thir (30) days. B. Customers may be required to enter into written service orders which shall conta or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this taiff. Customers wil also be required to execute any other documents as may be reasonably requested by the Company. C. Except as otherwise stated in the tariff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month to month basis at the then current rates unless terminated by either par upon notice. Any termination shall not relieve the Customer of its obligation to pay any charges incured under the service order and this tarff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall surive such termination. D. Service may be terminated upon wrtten notice to the Customer if: 1. the Customer is using the service in violation of this tariff; or 2. the Customer is using the service in violation of the law. E. This taff shall be interpreted and governed by the laws of the State ofIdaho without regard for its choice of laws provision. Issued: October 17, 20 i 1 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 11 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Cont'd.) 2.1.3 Terms and Conditions, (Contd.) F. 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, moneta or otherwse, or purchase any services in order to have the right to obtain service directly from the Company. G. To the extent that either the Company or any other Telephone Company exercises control over available cable pairs, conduit, duct space, raceways, or other facilties needed by the other to reach a person or entity, the par exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilties under its control available to its Customers. At the reasonable request of either par, the Company and the Other Telephone Company shall jointly attempt to obtai from the owner of the propert access for the other par to serve a person or entity. H. The Company hereby reserves its rights to establish service packages specific to a paricular Customer. These contracts mayor may not be associated with volume and/or term discounts. All service packages established by the Company wil be fied with the Commission prior to the fuishing of service. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 12 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liabilty A. The included taiff language does not constitute a determination by the Commission that a limitation of liabilty imposed by the Company should be upheld in a court of law. Acceptace for fiing by the Commission recognizes that it is a cour's responsibilty to adjudicate negligence and consequential damage claims. It is also the court's responsibilty to determine the validity of the exculpatory clause. B. Except as otherwise stated in this section, the liabilty ofthe Company for damages arsing out of either: (1) the furnishing of its services, including but not limited to mistaes, omissions, interrptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interrptions in service as set fort in Section 2.7. C. Except for the extension of allowances to the Customer for interrptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third par for any direct, indirect, special, incidental, reliance, consequential, exemplar or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interrption, failure to provide any service or any failure in or breakdown of facilties associated with the service. D. The liabilty of the Company for errors in biling that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously biled. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 e e Idaho Tarff No. 1 Original Page 13 LOCAL AND INTEREXCHANGE SERVICES TARF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Cont'd.) 2.1.4 Limitations on Liabilty, (Cont'd.) E. The Company shall be indemnified and saved harless by the Customer from and against all loss, liabilty, damage and expense, including reasonable counsel fees, due to: 1.Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilties for use in conjunction with services or facilties provided by the Company; or (c) common cariers 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, fires, floods, earquakes, hurrcanes, or other catatrophes; national emergencies, insurections, riots, war or other civil commotions; strikes, lockouts, work stoppages or other labor diffculties; criinal actions taen against the Company; unavailabilty, failure or malfuction of equipment or facilties provided by the Customer or third paries; and any law, order, regulation or other action of any governing authority or agency thereof; 3.Any unlawfl or unauthorized use of the Company's facilties and services; 4.Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arsing from or in connection with the material transmitted by means of Company-provided facilties or services; or by means of the combination of Company-provided facilties or services; 5.Breach in the privacy or securty of communications transmitted over the Company's facilties; Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 14 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.4 Limitations on Liabilty, (Cont'd.) E. (Contd.) 6. Changes in any of the facilties, operations or procedures of the Company that render any equipment, facilties or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilties or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liabilty is limited as set fort above in Section 2.1.1.A. 7. Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; 8. Injury to propert or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disabilty or death benefits, arising out of, or caused by, any act or omission of the Customer, or the constrction, installation, maitenance, presence, use or removal of the Customets facilties or equipment connected, or to be connected to the Company's facilties; 9. Any noncompletion of calls due to network busy conditions; 10. Any calls not actually attempted to be completed durg any period that service is unavailable; 11. And any other clai resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company's services or facilities. F. The Company does not guarantee nor make any waranty with respect to intalations provided by it for use in an explosive atmosphere. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 15 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Cont'd.) 2.1.4 Limitations on Liabilty, (Cont'd.) G. The Company makes no waranties or representations, EXPRESS OR IMLIED, either in fact or by operation oflaw, statutory or otherwise, including waranties of merchantabilty or fitness for a paricular use, except those expressly set fort herein. H. Failure by the Company to assert its rights pursuant to one provision of this taff does not preclude the Company from asserting its rights under other provisions. I. Directory Errors - In the absence of gross negligence or wilful misconduct, no liabilty for damages arising from errors or mistaes in or omissions of directory listings, or errors or mistaes in or omissions of listing obtainable from the directory assistance operator, including errors in the reporting thereof, shall attch to the Company. An allowance for errors or mistaes in or omissions of published directory listings or for errors or mistakes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly taff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tarff rate for an additional listig, for the life of the directory or the charge period during which the error, mistae or omission occurs. 2.1.5 Notification of Service-Affecting Activities The Company wil provide the Customer reasonable notification of service-afectig 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 rearangements and routine preventative maitenance. Generally, such activities are not specific to an individual Customer but afect many Customers' services. No specific advance notification period is applicable to all service activities. The Company wil work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplaned service-affecting conditions, such as an outage resultig from cable damage, notification to the Customer may not be possible. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. I Original Page 16 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking of the Company, (Cont'd.) 2.1.6 Provision of Equipment and Facilties A. The Company shall use reasonable efforts to maintain only the facilties and equipment that it furnishes to the Customer. The Customer may not nor may the Customer permit others to rearange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the wrtten consent of the Company. B. The Company may substitute, change or rearange any equipment or facilty 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 for 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 constrcted, maintained and operated as to work satisfactorily with the facilties of the Company. E. The Company shall not be responsible for the installation, operation, or maitenance of any Customer provided communications equipment. Where such equipment is connected to the facilities fuished puruant to this taiff, the responsibilty of the Company shall be limited to the furnishing of facilties offered under this taiff and to the maintenance and operation of such facilties. Subject to this responsibilty, the Company shall not be responsible for: 1.the though transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or 2.the reception of signals by Customer-provided equipment; or 3.network control signaling where such signaling is performed by Customer- provided network control signaling equipment. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 17 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.1 Undertaking ofthe Company, (Cont'd.) 2.1.7 Non-Routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company wil apply. If installation is stared durig 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 of the Company and to all of the regulations contained in this taiff special constrction of facilties may be underten on a reasonable efforts basis at the request of the Customer. Special constrction is constrction undertaken: A. where facilties are not presently available, and there is no other requirement for the facilties so constrcted; B. of a tye other than that which the Company would normally utilze in the fuishing of its services; C. over a route other than that which the Company would normally utilize in the furnishing of its services; D. in a quantity greater than that which the Company would normally constrct; E. on an expedited basis; F. on a temporar basis until permanent facilties are available; G. involving abnormal costs; or H. in advance of its normal constrction. 2.1.9 Ownership of Facilties Title to all facilties provided in accordance with this tarff remains in the Company, its parers, agents, contractors or suppliers. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 18 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawful purose or for any use as to which the Customer has not obtained all required governental approvals, authorizations, licenses, consents and permits. 2.2.2 The Company may require applicants for service who intend to use the Company's offerigs for resale and/or for shared use to file a letter with the Company confiring that their use of the Company's offerings complies with relevant laws and the Public Utilties Commission of Idaho's regulations, policies, orders, and decisions. 2.2.3 The Company may block any signals being transmitted over its Network by Customers which cause interference to the Company or other users. Customer shall be relieved of all obligations to make payments for charges relating to any blocked Service and shall indemnify the Company for any claim, judgment or liabilty resulting from such blockage. 2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any maner, the service or any rights associated with the service without the written consent of the Company. The Company wil 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 wil be treated as a disconnection of existing service and instalaton of new service, and non-recurrg installation charges as stated in this taiffwil apply. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 19 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.3 Obligations of the Customer 2.3.1 General The Customer shall be responsible for: A. the payment of all applicable charges pursuant to this tariff; B. damage to or loss of the Company's facilties 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 wilful misconduct of the employees or agents of the Company; C. providing at no charge, as specified from time to time by the Company, any needed equipment, space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessar to maintain the proper operating environment on such premises; D. obtaining, maintaining, and otherwise having full responsibilty for all rights-of-way and conduit necessar for installation of fiber optic cable and associated equipment used to provide Communications Services to the Customer from the cable building entrance or propert line to the location of the equipment space described above in Section 2.3.1.C. Any and all costs associated with the obtaiing and maitaining the rights-of-way described herein, including the costs of alterig the strctue to permit installation of the Company provided facilties, shall be borne entirely by, or may be charged by the Company, to the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to acceptig an order for service. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 20 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.3 Obligations ofthe Customer, (Cont'd.) 2.3.1 General, (Contd.) E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installng or maintaining the Company's facilties and equipment. The Customer may be required to instal and maintain Company facilties and equipment within a hazardous area if, in the Company's opinion, injury or damage to the Company employees or propert might result from instalation or maitenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazdous material (e.g., friable asbestos) prior to any constrction 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 facilties and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.3.1.D; and granting or obtaining permission for Company agents or employees to enter the premises ofthe Customer at any time for the purpose of installing, inspecting, maintaining, repaiing, or upon termination of service as stated herein, removing the facilties or equipment of the Company; G. not creating or allowing to be placed any liens or other encumbrances on the Company's equipment or facilties; and H. making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance wil be made for the period durig which service is interrpted for such puroses. Issued: October 17,201 i Effective: e e Spectrotel, Inc. d/b/a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 21 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.3 Obligations ofthe Customer, (Contd.) 2.3.2 Liabilty of the Customer A. The Customer wil be liable for damages to the facilties of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its offcers, employees, agents, invites, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. B. To the extent caused by any negligent or intentional act of the Customer as described in (A), preceding, the Customer shall indemnify, defend and hold harless the Company from and against all claims, actions, damages, liabilties, costs and expenses, including reasonable attorneys' fees, for (l) any loss, destrction or damage to propert of any third par, and (2) any liabilty incurred by the Company to any third par pursuant to this or any other taiff of the Company, or otherwise, for any interrption of, interference to, or other defect in any service provided by the Company to such third par. C. The Customer shall not assert any claim against any other Customer or user of the Company's services for damages resultig in whole or in par from or arsing in connection with the fuishing of service under this tariff including but not limited to mistakes, omissions, interrptions, 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 taff is intended either to limit or to expand Customer's right to assert any claims agaist third pares for daages of any nature other than those described in the preceding sentence. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 22 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.4 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 priarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this taff. A user may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services wil be suitable for puroses other than voice-grade telephonic communication except as specifically stated in this tariff. 2.4.2 Station Equipment A. Terminal equipment on the user's premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the user. The user is responsible for the provision of wirg or cable to connect its terminal equipment to the Company MPOP. B. The Customer is responsible for ensurig that Customer-provided equipment connected to Company equipment and facilties is compatible with such equipment and facilties. The magnitude and charcter of the voltages and currnts impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause daage to the Company-provided equipment and wiring or injur to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense, subject to prior Customer approval of the equipment expense. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d/b/a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 23 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels, (Cont'd.) 2.4.3 Interconnection of Facilties A. Local Traffc Exchange provides the abilty for another local exchange provider to terminate local trafc on the Company's network. In order to qualify for Local Trafc Exchange the call must: (a) be originated by an end user of a company that is authorized by the Public Utilties Commission of Idaho to provide local exchange service; (b) originate and terminate within a local calling area of the Company. B. Any special interface equipment necessar to achieve compatibilty between the facilties and equipment of the Company used for furnishing Communications Services and the chanels, facilties, or equipment of others shall be provided at the Customets expense. C. Communications Services may be connected to the services or facilities of other communications cariers only when authorized by, and in accordance with, the terms and conditions of the taffs of the other communications carers which are applicable to such connections. D. Facilties furnished under this taiff may be connected to Customer provided terminal equipment in accordance with the provisions of this taff All such terminal equipment shall be registered by the Federal Communications Commission pursuat to Par 68 of Title 47, Code of Federal Regulations; and all user-provided wirg shall be installed and maintained in compliance with those regulations. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Orginal Page 24 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.4 Customer Equipment and Channels, (Cont'd.) 2.4.4 Inspections A. Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessar to determine that the Customer is complying with the requirements set fort in Section 2.4.2.B of this taff for the installation, operation, and maintenance of Customer-provided facilties, equipment, and wiring in the connection of Customer-provided facilties and equipment to Company-owned facilties and equipment. B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessar to protect its facilties, equipment, and personneL. The Company wil notify the Customer promptly if there is any need for furter corrective action. Within ten days of receiving this notice, the Customer must tae this corrective action and notify the Company of the action taen. If the Customer fails to do this, the Company may tae whatever additional action is deemed necessar, including the suspension of service, to protect its facilties, equipment and personnel from har. C. Ifhar to the Company's network, personnel or services is iminent, the Company reserves the right to shut down Customer's service imediately, with no prior notice required. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tariff No. 1 Original Page 25 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Customer Deposits and Advance Payments 2.5.1 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilties are furnished. The advance payment wil not exceed an amount equal to the non-recuring charge(s) and one month's charges for the service or facilty. The advance payment wil be credited to the Customer's initial bil. An advance payment may be required in addition to a deposit. 2.5.2 Deposits The Company does not require deposits from Customers. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 26 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.6 Payment Arrangements 2.6.1 Payment for Service A. General The Customer is responsible for the payment of all charges for facilties and services furnished by the Company to the Customer and to all Authorized Users by the Customer, regardless of whether those services are used by the Customer itself or are resold to or shared with other persons. The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state, federal and 911 taes, charges or surcharges (however designated) (excluding taxes on Company's net income) imposed on or based upon the provision, sale or use of Network Services. The security of the Customer's PIN is the responsibilty of the Customer. All calls placed using a PIN shall be biled to and shall be the obligation of the Customer. The Customer shall not be responsible for charges in connection with the unauthorized use of PINs arsing afer the Customer notifies the Company of the loss, theft, or other breach of security of such PINs. Customers wil only be charged once, on either an interstate or intrastate basis, for any nonrecurg or usage based charges. B. Taxes, Fees and Surcharges The Company reserves the right to bil 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, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho Telecommunications Service Assistace Program, and Universal Service. Unless otherwise specified in this taff such taes, fees and surcharges are in addition to rates as quoted in this taiff and wil be itemized separately on Customer invoices. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 27 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.6 Payment Arrngements, (Cont'd.) 2.6.2 Biling and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other Authorized Users for services and facilties furnished to the Customer by the Company. A. Nonrecurring charges are due and payable within thir (30) days after the invoice date, unless otherwise agreed to in advance. B. The Company shall present invoices for recurg charges monthly to the Customer, in advance of the month in which service is provided, and Recurg Charges shall be due and payable within thir (30) days after the invoice date. When biling is based on customer usage, charges wil be biled monthly for the preceding biling periods. C. The Monthly Recuring Charges are biled in advance. Monthly Recuring Charges are accrued in full as of the firt day of the biling cycle in which the service is furnished. Therefore, the Monthly Recurring Charges are not subject to pro-ratg if service is disconnected prior to the end of a biling period. D. Biling of the Customer by the Company wil begin on the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the service or facilty is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the pares, or if the service or facilty does not conform to stadards set fort in this taiff or the Service Order. Biling accrues though and includes the day that the service, circuit, arangement or component is discontinued. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Orginal Page 28 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.6 Payment Arrangements, (Contd.) 2.6.2 Biling and Collection of Charges, (Contd.) E. If any porton of the payment is not received by the Company, or if any portion of the payment is received by the Company in funds that are not imediately available, within twenty (20) days of the mail date on the bil, then a late payment penalty shall be due the Company. The late payment penalty shall be that portion of the payment not received by the date due minus any charges biled as local taxes multiplied by 1.5%. F. The Customer wil be assessed a charge of twenty dollar ($25.00) for each check or other payment tye submitted by the Customer to the Company that a ban or other financial institution refuses to honor. G. If service is disconnected by the Company in accordance with Section 2.7 following and later restored, restoration of service wil be subject to all applicable instalation charges. 2.6.3 Disputed Bils A. In the event that a biling dispute occurs concerning any charges biled to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bil to avoid discontinuance of service for non-payment. The Customer must submit a documented clai for the disputed amount. The Customer wil submit all documentation as may reasonably be requird to support the claim. All claims must be submitted to the Company within a reasonable period of time afer receipt of biling for those services and in accordance with Idaho law. If the Customer does not submit a clai as stated above, the Customer waives all rights to fiing a claim thereafer. 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 fie a complaint with the Idaho Public Utilities Commission, 472 West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800- 432-0369. C. If the dispute is resolved in favor of the Customer and the Customer has witheld the disputed amount, no interest, credits or penalties wil apply. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 29 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.7 Discontinuance of Service 2.7.1 Service may be disconnected after seven (7) days written notice for any of the following reasons: A. The Customer did not pay undisputed delinquent bils for local exchange services or paid a delinquent bil for local exchange services with any dishonored check. B. The Customer failed to make a security deposit or obtain a guarantee when one is required. C. The Customer failed to abide by the terms of a payment arangement. D. The Customer misrepresented the Customer's identity for the purpose of obtaiing telephone service. E. The Company determines as prescribed by relevant state or other applicable stadards that the Customer is wilfully wasting or interferig with service though improper equipment or otherwise. F. The Customer is using service(s) for which the Customer did not apply. 2.7.2 At least 24 hours before actual termination, the Company wil attempt to contact the Customer affected to apprize the Customer of the proposed termination action and steps to tae to avoid or delay termination. Service wil not be terminated in the event that a formal or informal complait concerning termination is filed with the Commission. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 30 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.7 Discontinuance of Service 2.7.3 Service may be disconnected without notice and without incuring any liabilty for any of the following reasons: A. A condition immediately dangerous or hazdous to life, physical safety or propert exists, or it is necessar 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. In the event of fraudulent use of the Company's network, where the service(s) was (were) obtained, diverted or used without the authorition or knowledge of the Company, the Company wil discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. D. The Company has tried dilgently to meet the notice requirements but has been unsuccessful in its attempt to contact the Customer affected. E. The Customer has misrepresented the Customer's identify for purposes of obtaing telephone service and has no or an inadequate security deposit on file with the Company and has an outstading bil exceeding $100. F. Upon the Customer's insolvency, assignent for the benefit of creditors, filing for banptcy or reorganization, or failing to discharge an involunta petition within the time permitted by law. G. Upon the Company's discontinuance of service to the Customer under Section 2.7.1 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 futue monthly and other charges that would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be imediately due and payable (discounted to present value at six percent). Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Orginal Page 31 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 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 star of service or prior to any special constrction, no charges wil be imposed except for those specified below. 2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparng to install the service that it otherwise would not have incurred, a charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service commenced (all discounted to present value at six percent). 2.8.3 Where the Company incurs any expense in connection with special constrction, or where special arangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred by the Company, less net salvage, applies. In such cases, the charge wil be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maitenance, taes, provision for retu on investment, and any other costs associated with the special constrction or arangements. 2.8.4 The special charges described in 2.8.1 though 2.8.3 wil be calculated and applied on a cas- by-case basis. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 32 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 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 be adjusted accordingly. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a One Touch Communications d/b/a Touch Base Communicatiffs 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. I Original Page 33 LOCAL AND INTEREXCHANGE SERVICES TARIFF SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.10 Allowances for Interruptions in Service Interrptions in service that are not due to the negligence of, or noncompliace with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, wil be credited to the Customer as set forth in 2.10.1 for the part of the service that the iiterruption affects. 2.10.1 General A. Service Outage A credit allowance wil be given when service is interrpted, except as specified below. A service is interrpted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a cross-talk, static or other transmission problem, the Company wil respond to a Customer's report of such a "service outage" in accordance with IDAP A 3 1.41.0 i Rule 503. Customer's bils wil be appropriately and automatically crdited pursuant to the terms of Rule 503. B. Receipt and Recording of Reports The Company wil provide for the receipt of Customer trouble reports at all hours and make a full and prompt investigation of and response to all reports. The Company wil maintain an accurate record of trouble reports made by its Customers. This record wil 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 satisfy the Customer, and the date and time of trouble clearance or other disposition. This record wil be available to the Commission or its authorized representatives upon request at any time within two (2) years of the date of the record. C. Repair Commitments Commitments to the Customer for repair service wil be set in accordance with Rule 503. The Company wil make every reasonable attempt to fulfill repair commitments to its Customers. Customers wil be timely notified of unavoidable changes. Failure to meet a repair commitment does not relieve the Company of the credited provisions in Rule 503.01, unless the Customer fails to keep an appointment the Customer agreed to when the original commitment was made Issued: October 17,201 i Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 34 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.10 Allowances for Interruptions in Service, (Contd.) 2.10.1 General, (Contd.) D. Restoration of Service When the Company providing local exchange is informed by a Customer of a local exchange service outage, the Company wil: .1 restore service within sixteen (16) hours afer the report of the outage if the Customer notifies the Company that the service outage creates an emergency for the Customer, or .2 restore service within twenty-four (24) hour afer the report of the outage if no emergency exists, except that outages reported between noon on Satuday and 6:00 p.m. on the following Sunday must be restored within fort-eight (48) hours or by 6:00 p.m. on the following Monday, which ever is sooner. If the Company does not restore service within the ties required by this subsection, the Company wil credit the Customer's account for an amount equal to the monthly rate for one (1) month of basic local exchange service. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 35 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.10 Allowances for Interrptions in Service, (Contd.) 2.10.1 General, (Contd.) E. Extenuating Circumstances Following disruption of local exchange service caused by natual disaster or other causes not within the Company's control and affecting large groups of Customers, or in conditions where the personal safety 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 dilgence to restore service, giving due regard for the needs of various Customers and the requirements of the telecommunications service priority (TSP) program ordered in FCC Docket 88-341. When a Customer causes the Customer's own service outage or does not make a reasonable effort to arange a repai visit within the service restoration deadline, or when the Company determines that the outage is attbutable to the Customer's own equipment or inside wire, the Company is not required to provide to that Customer the credit referred to in Subsection 503.01. F. Compliance Standard Each month at least ninety percent (90%) of out-of-service trouble reports wil be cleared in accordance with Subsection 503.01 and 503.02. The Company wil keep a monthly service record as described in Subsection 502.01 and wil notify the Commission whenever the record indicates the ninety percent (90%) level has not been met for a period of three (3) consecutive months. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 36 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.11 Cancellation of ServicelTermination Liabilty If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoever other than a service interrption (as defined in Section 2.1 0.1 above), the Customer agrees to pay to the Company termination liabilty charges, as defined below. These charges shall become due as of the effective date of the cancellation or termination and be payable within the period, set fort in Section 2.6.2. 2.11.1 Termination Liabilty The Customer's termination liabilty for cancellation of service shall be equal to: A. all unpaid Non-Recurring charges reasonably expended by the Company to estblish service to the Customer; plus B. any disconnection, early cancellation or termination charges reasonably incured and paid to third paries by the Company on behalf of the Customer; plus C. minus a reasonable allowance for costs avoided by the Company as a direct result of the Customer's cancellation. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tariff No. 1 Original Page 37 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.12 Cancellation of Service by Customer The Customer must provide the Company at least thir (30) days notice to cancel service. 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 priar local exchange line wil have the entire Account disconnected, including any secondar line and all associated features. In the event the Customer executes a ter commitment agreement with the Company, the Customer must cancel service and terminate the agreement in accordance with the agreement terms. 2.13 Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilties provided by the Company without the wrtten consent of the other par, except that the Company may assign its rights and duties: 2.13.1 to any subsidiar, parent company or affliate of the Company; or 2.13.2 pursuant to any sale or trsfer of substantially all the assets of the Company; or 2.13.3 pursuant to any financing, merger or reorganization of the Company. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tarff No. 1 Original Page 38 LOCAL AND INTEREXCHANGE SERVICES TARF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.14 Customer Liabilty for Unauthorized Use ofthe Network Unauthorized use of the network occurs when a person or entity that does not have actual, apparent, or implied authority to use the network, obtains the Company's services provided under this taff. 2.14.1 Customer Liabilty for Fraud and Unauthoried Use of the Network A. The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company calling card, if such a card is offered by the Company, or an accepted credit card, provided that the unauthoried use occurs before the Company has been notified. B. A Company calling card is a telephone calling card issued by the Company at the Customer's request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls biled to the Customer's account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewal or substitute in accordance with this paragrph is an accepted credit card when received by the cardholder. C. The Customer must give the Company wrtten or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result ofloss, and/or theft. D. The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users authorized by the Customer to use service provided under this taff, unless due to the negligence of the Company. This responsibilty is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third paries, the Customer's employees, or the public. The liabilty of the Customer for unauthorized use of the Network by credit card fraud wil not exceed the lesser of fift dollars ($50.00) or the amount of money, propert, labor, or services obtained by the unauthorized user before notification to the Company. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 39 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.15 Use of Customer's Service by Others 2.15.1 Joint Use Arrngements Joint use arangements wil be permitted for all services provided under this taff From each joint use arangement, one member wil be designated as the Customer responsible for the maner in which the joint use of the service wil be allocated. The Company wil accept orders to star, rearange, relocate, or discontinue service only from the Customer. Without afecting the Customer's ultimate responsibilty for payment of all charges for the service, each joint user shall be responsible for the payment of the charges biled to it. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 40 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 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 notices and other communications, except that Customer may also designate a separate address to which the Company's bils 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 bil for service to which the Customer shall mail payment on that bil. 2.16.4 Except as otherwise stated in this taff, all notices or other communications required to be given pursuant to this tarff wil be in writing. Notices and other communications of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the third business day following placement of the notice, communicaton or bil with the u.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.16.5 The Company or the Customer shall advise the other par of any changes to the addresses designated for notices, other communications or biling, by following the procedures for giving notice set forth herein. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 41 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D.) 2.17 Universal Emergency Telephone Number Service (911) Universal Emergency Telephone Number Service (911 Service) is an argement of Company centr offce and trnking facilities whereby any telephone user who dials the numbers 911 wil reach the emergency report center for the telephone from which the number is dialed or wil be routed to an operator if all lines to an emergency report center are busy. If no emergency report center Customer exists for a central offce entity, a telephone user who dials the number 911 wil be routed to an operator. No call-specific charges apply to 911 calls. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. I Original Page 42 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 3 - SERVICE ARAS 3.1 Exchange Service Areas Local exchange services are provided, subject to availability of facilties and equipment, in areas currently served by the following Incumbent LECs: 1) Qwest Corporation dba CenturyLin QC - Nortern Idaho - Southern Idaho Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Orginal Page 43 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 4 - SERVICE CHARGES AND SURCHARGES 4.1 Service Order and Change Charges 4.1.1 General Non-recurring charges apply to processing Service Orders for new service and for changes in service. 4.1.2 Rates New Installation Charge, per line: Initial Line: Additional Line, each: $30.00 $30.00 Change Charges, per order Change number or class of service: Change grade or tye of service: $25.50 $13.50 4.2 Restoral Charge A restoral charge applies each time a service is reconnected after suspension or termination for nonpayment, but before cancellation of the service. Restoration, per account:$20.00 4.3 Premises 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 the Technician Dispatch Charge. Premises Visit Charge, Per Visit $95.00 Premises Work Charge Initial 30 minutes or fraction thereof Each additional 15 minutes or fraction $95.00 $45.00 Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 e e Idaho Tarff No. 1 Original Page 44 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 4 - SERVICE CHARGES AND SURCHARGES (CONT'D.) 4.4 Carrier Presubscription 4.4.1 General Carer Presubscription is a procedure whereby a Customer designates to the Company the carier that the Customer wishes to be the carier of choice for intraLATA and interLA TA toll calls. Such calls are automatically directed to the designated carier, without the need to use carier access codes or additional dialing to direct the call to the designated carier. Presubscription does not prevent a Customer who has presubscribed to an IntraLA TA or InterLA TA toll carier from using carier access codes or additional dialing to direct calls to an alternative long distace carier on a per call basis. 4.4.2 Presubscription Options - Customers may select the same carier or separate carers for intraLATA and interLATA long distace. The following options for long distance Presubscription are available: Option A: Option B: Option C: Option D: Option E: Option F: Customer selects the Company as the presubscribed carier for IntrATA and InterLA TA toll calls subject to presubscription. Customer may select the Company as the presubscribed carer for IntraLA T A calls subject to presubscription and some other carer as the presubscribed carier for interLA T A toll calls subject to presubscription. Customer may select a carier other than the Company for intraLAT A toll calls subject to presubscription and the Company for interLA TA toll calls subject to presubscription. Customer may select the carier other than the Company for both intrA TA and interLA T A toll calls subject to presubscription Customer may select two different carers, neither being the Company for intraLATA and interLATA toll calls. One carier to be the Customers' primar intraLA TA interexchange carer. The other carier to be the Customer's priar interLATA interexchange carer. Customer may select a carier other than the Company or no presubscribed carer for intraLA T A toll calls subject to presubscription which will require the Customer to dial a carer access code to route all intraLA TA toll calls to the carier of choice for each calL. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tariff No. 1 Original Page 45 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 4 - SERVICE CHARGES AND SURCHARGES (CONT'D.) 4.4 Carrier Presubscription, (Contd.) 4.4.3 Rules and Regulations Customers of record wil retain their primar interexchange cariere s) until they request that their dialing arangements be changed. Customers of record or new Customers may select either Options A, B, C, D, E or F for intraLA TA Presubscription. Customers may change their selected Option and/or presubscribed toll carier at any time subject to charges specified in 4.4.5 below: 4.4.4 Presubscription Procedures A new Customer wil be asked to select intraLA T A and interLA T A toll carers at the time the Customer places an order to establish local exchange service with the Company. The Company wil process the Customer's order for service. All new Customers' initial requests for intraLA T A toll service presubscription shall be provided free of charge. 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 wil read a random listing of all available intraLA T A and interLA TA cariers to aid the Customer in selection. If selection is stil not possible, the Company wil inform the Customer that he/she wil be given 90 calendar days in which to inform the Company of his /her choice for primar toll careres) free of charge. Until the Customer informs the Company ofhis/er choice of priar toll carier, the Customer wil not have access to long distance services on a presubscribed basis, but rather wil be required to dial a carier access code to route all toll calls to the carieres) of choice. Customers who inform the Company of a choice for toll carier presubscription within the 90 day period wil not be assessed a service charge for the initial Customer request. Customers of record may initiate an intraLA TA or interLA TA presubscription change at any time, subject to the charges specified in 4.3.5 below. If a Customer of record inquires of the Company of the carers available for toll presubscription, the Company wil read a random listing of all available intraLATA carers to aid the Customer in selection. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 46 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 4 - SERVICE CHARGES AND SURCHAGES (CONT'D.) 4.4 Carrier Presubscription (Contd.) 4.4.5 Presubscription Charges A. Application of Charges After a Customer's initial selection for a presubscribed toll carer and as detailed in Paragraph 4.4.4 above, for any change thereafter, a Presubscription Change Charge, as set for the below wil apply. Customers who request a change in intraLATA and interLA T A cariers with the same order wil be assessed a single charge per line. B. Nonrecurring Charges Per line Electronic Request Manual Request $1.25 $5.50 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d/b/a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 47 LOCAL AND INTEREXCHANGE SERVICES TARF SECTION 4 - SERVICE CHARGES AND SURCHARGES (CONT'D.) 4.5 Public Telephone Surcharge In order to recover Company expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all intrastate calls that originate from any pay telephone used to access Company provided services. This surcharge, which is in addition to stadard tariffed usage charges and any applicable service charges and surcharges associated with service, applies for the use of the instrent used to access Company provided service and is unelated to the service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and interexchange cariers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (e.g., using the "#" symbol). The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Whenever possible, the Public Pay Telephone Surcharge wil appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be biled on a subsequent invoice after the Company has obtained information from a carier that the originating station is an eligible pay telephone. Rate Per Call:$0.54 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 48 LOCAL AND INTEREXCHANGE SERVICES TARF SECTION 5 - BASIC SERVICES AND RATES 5.1 Basic Local Exchange Service 5.1.1 General Basic Local Exchange Service provides a Customer with a telephonic connection to, and a unique telephone number on, the Company switching network that enables the Customer to: 1. receive calls from other stations on the public switched telephone network; 2. access the Company's Local Calling Services and other Services as set fort in this taiff; 3. access interexchange calling services of the Company and of other carers; 4. access (at no additional charge) to the Company's operators and business offce for service related assistance; 5. access toll-free telecommunications services such as 800 NPA; and access toll-free emergency services by dialing 0 or 9-1-1 (where available); 6. access relay services for the hearng and/or speech impaid. Basic Local Exchange Services canot be used to originate calls to caller-paid information services (e.g., 900, 976) provided by other companies. Calls to those numbers and other numbers used for caller-paid information services wil be blocked by the Company's switch. Each Basic Local Exchange Service corresponds to one or more telephonic communications chanels that can be used to place or receive one call at a time. Individual line Basic Local Exchange Service is comprised of exchange access lines defined as follows: 5.1.2 Exchange Access Line - The service central offce line equipment and all the Company plant facilties up to the demarcation point. These facilties are Company-provided and maintained and provide access to and from the telecommunications network for message toll service and for local calling appropriate to the taiffed use offering selected by the Customer. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 49 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 5 - BASIC SERVICES AND RATES (CONT'D.) 5.1 Basic Local Exchange Service (Contd.) 5.1.3 Residential Local Exchange Service Residential Local exchange service lines are provided on a single par (individual) basis only. No multi-par lines are provided. Recurring charges for Residential Local Exchange Service are biled monthly in advance. Non-recurring charges for installation or rearangement of service are biled on the next month's bil imediately following work performed by the Company. Residential Service is offered on a flat rate basis. Under the stadard flat rate offering, the Customer pays a flat monthly rate, which includes unlimited local calling within the local calling area. Calling features are available upon request at the rates set fort in Section 6 of the tariff. Long distance and intraLA TA toll usage wil be biled at per-minute rates, as found in Section 7 of this tariff. A. Rates and Charges 1. Flat Rate Service Flat Charge for Network Access Line and unlimited local calling within the local callng area. Rate Group 1: Rate Group 1 A: Rate Group 2: Per Month, Per Line $17.00 $17.00 $21.95 Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 50 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES 6.1 Custom Callng Features 6.1.1 General The featues in this section are made available on an individual basis or as par of multiple featue packages. All featues are provided subject to availabilty; featues may not be available with all classes of service. Transmission levels may not be suffcient in all cases. 6.1.2 Description of Features Anonymous Call Rejection - Allows Customer to automatically reject calls that have been marked as anonymous. Call Blocker - Allows Customer to block calls from preselected telephone numbers. Call Forwarding - Automatically routes incoming calls to a predetermined telephone number Call Return - Automatically redials the last incoming call. Call Trace - Allows the Customer to dial a Call Trace activation code to initiate a trce of the last incoming call without obtaining prior legal authorition or assistace from the Company. The results of a completed trace wil be recorded in the Central Offce and wil be made available only to law enforcement agencies, as directed by the Customers. Call Waiting - Signals the Customer with a burst of tone to indicate that another call is waiting. Call Waiting ID - Allows Customer to identify the name and number of an incoming caller when the customer is already speaking and another call is received. Caller ID - Provides for the display of the calling par telephone number on Caller ID compatible customer premises equipment. Personalized Ring - Provides the Customer with separate telephone numbers, each with a distinctive ring, associated with one line. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 51 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.1 Custom Callng Features (Contd.) 6.1.2 Description of Features (Cont'd.) Priority Call - Provides Customer with a distinctive ring when Customer is called from preselected telephone numbers. Remote Access to Call Forwarding - Allows for the Customer to automatically forward all incoming calls to another telephone number. Repeat Dialing - Automatically redials a busy number for up to 30 minutes until line is available. Speed Callng 8 - Allows the Customer to dial an abbreviated code to originate a call to any of 8 programed telephone numbers. Speed Callng 30 - Allows the Customer to dial an abbreviated code to originate a call to any 000 programmed telephone numbers. Three-Way Callng - Allows the Customer to add a third par to an existing conversation. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d/b/a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 52 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.1 Custom Callng Features (Contd.) 6.1.3 Rates and Charges A. The following features are available to Customers on a monthly basis. Customers are allowed unlimited use of each featue. No usage sensitive charges apply. Multiline Customers must order the appropriate number of features based on the number of lines which wil have access to the features. The rates and charges below are provided on a month-to-month basis. Monthly Recurrng Charge Custom Callng Feature Anonymous Call Rejection Call Blocker Call Forwarding Call Forwarding Busy Line Call Forwarding Don't Answer Call Forwarding Busy Line/Don't Answer Selective Call Forwarding Call Retu Call Waiting CallerID Caller ID with Name and Number Personalized Rig - 1 number Personalized Ring - 2 number Personalized Rig - 3 number Priority Call Remote Access to Call Forwarding Repeat Dialing Speed Calling 8 Speed Calling 30 Thee-Way Calling $6.00 $1.00 $1.10 $1.85 $1.10 $1.35 $5.50 $5.50 $8.00 $9.00 $10.00 $5.25 $3.50 $3.50 $5.00 $6.00 $4.50 $4.50 $5.50 $5.50 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tariff No. 1 Original Page 53 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.1 Custom Callng Features (Contd.) 6.1.3 Rates and Charges (Contd.) B. The following features are available to all local exchange Customers on a per use basis. Customers may utilize each feature by dialing the appropriate access code. The Customer wil be biled a per use charge each time the feature is used by the Customer. Customers may choose to subscribe to these featues on a monthly basis to obtain unlimited use of these features for a fixed monthly charge. Custom Callng Feature Call Return Repeat Dialing Three Way Calling Call Trace Rate PerUse $0.95 $0.95 $0.95 $1.00 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 54 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.3 Operator Services 6.3.1 General The Company's operator services, available to presubscribed Customers, are accessible on a twenty-four (24) hour per day seven (7) days per week basis. In addition to the per call service charge, usage rates apply. The tyes of calls handled are as follows: Customer Dialed Callng/Credit Card Call - This charge applies in addition to usage charges for station to station calls biled to an authorized Calling Card or Commercial Credit Card. The Customer must dial the destination telephone number where the capabilty exists for the Customer to do so. A separate rate applies in the event operator assistace is requested for entering the Customer's card number for biling puroses. Operator Dialed Callng/Credit Card Call - This charge applies in addition to usage charges for station to station calls biled to an authorized telephone Calling Card or Commercial Credit Card and the operator dials the destination telephone number at the request of the Customer. Operator Station - These charges apply in addition to usage charges for non-Person-to- Person calls placed using the assistace of a Company operator and biled Collect, to a Third Par, by deposit of coins in Pay Telephones, or via some method other than a Calling Card or Commercial Credit Card. Person-to-Person - This charge applies in addition to usage charges for calls placed with the assistance of a Company operator to a paricular par at the destination number. This charge applies regardless of biling method, including but not limited to biling to a Calling Card, Commercial Credit Card, Collect, by deposit of coins in Pay Telephones, or to a Third Par. Charges do not apply unless the specified par or an acceptable substitute is available. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. I Original Page 55 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.3 Operator Services (Cont'd.) 6.3.2 Busy Line Verification and Interrupt Service Upon request of a callng par the Company wil verify a busy condition on a designated local service line. The operator wil determine if the line is clear or in use and report to the calling par. At the request of the Customer, the operator wil interrpt the call on the busy line. Emergency Interrption is only permitted in cases where the callng par indicates an emergency exists and requests interrption. A Verification Charge wil apply when: A. The operator verifies that the line is busy with a call in progress, or B. The operator verifies that the line is available for incoming calls. Both a Verification Charge and an Emergency Interrpt Charge wil apply when the operator verifies that a called number is busy with a call in progress and the Customer requests interrption. The operator wil interrpt the call advising the called par ofthe name of the calling par and the called par wil determine whether to accept the interrpt call. Charges wil apply whether or not the called par accepts the interrption. No charge wil apply when the calling par advises that the call is to or from an offcial public emergency agency. Busy Verification and Emergency Interrpt Service is furnished where and to the extent that facilties permit. The Customer shall identify and save the Company harless agaist all claims that may arise from either par to the interrpted call or any person. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 56 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.3 Operator Services (Contd.) 6.3.3 Ilates A. Local and IntraLAT A Operator Service Rates 1. Usage Charges Usage charges wil be biled at the rate in effect for the presubscribed service plan purchased by the Customer. See Section 5 of this tarff 2. Per Call Service Charges Calling Card (automated) Calling Card (semi-automated) Operator Assisted Station-to-Station Operator Assisted Person-to-Person Per Call $0.56 $0.95 $1.30 $3.50 B Busy Line Verification and Line Interrupt Service Rates Busy Line Verification Busy Line Interrpt Per Request $1.50 $3.00 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Orginal Page 57 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.4 Directory Listing Service 6.4.1 General Terms and Conditions A. The Company shall provide for a single directory listing, termed the priar listing, in the telephone directory published by the dominant exchange service provider in the customer's exchange areas of the Station number which is designated as the Customer's main biling number. Directory listings of additional Company Station numbers, other than the Customer's main biling number, associated with a Customer's service wil be provided for a monthly recurrg charge per listing. B. The Company reserves the right to limit the lengt of any listing in the directory by the use of abbreviations when, in its judgment, the clearess of the listing, or the identification of the Customer is not impaired thereby. Where more than one line is required to properly list the Customer, no additional charge is made. C. The Company may refuse a listing which is known not to constitute a legally authorized or adopted name, obscenities in the name, or any listing which, in the opinion of the Company, is likely to mislead or deceive calling persons as to the identity of the listed par, or is a contrived name used for advertising purses or to secure a preferential position in the directory or is more elaborate than is reasonably necessar to identify the listed par. The Company, upon notification to the Customer, wil withdraw any listing which is found to be in violation of its rules with respect thereto. D. In order to aid the user of the directory, and to avoid misleading or deceiving the calling par as to the identity of the listed par, only residential listings may be placed in the Residential section. The Company, upon notification to the customer, wil withdrew any listing which is found to be in violation of it s rules with respect thereto. E. In order for listings to appear in an upcoming directory, the Customer must fuish the listing to the Company in time to meet the directory publishing schedule. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Orginal Page 58 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.4 Directory Listing Service (Contd.) 6.4.1 General Terms and Conditions (Cont'd.) F. Rates and regulations for listing service are applicable only to listings in the alphabetical directories. G. Directory listings are limited to such information as is essential to the identification of the listed par. The listing of a service, commodity, or trde name is not permitted unless it is the name, or an integral par of the name, under which the Customer does business. H. A listing is limited to one line in the directory, except where in the judgment of the Company, more than one line is required to identify the Customer properly. In such cases, the additional lines required are provided at no extra charge. I. Listing services are available with all classes of main telephone exchange service. 6.4.2 Listings A. Primary Listing One listing, termed the initial listing is included with each Customer's service, and with the initial line of a line hunting group. B. Additional Listings At a charge, additional listings may be included in the alphabetical directory and on directory assistace records, or appear on directory assistace records only. The monthly rate for additional listigs apply when the listigs appear in Directory Assistace records in accordance with the date requested by the customer. If an additional listig is ordered discontinued by the Customer afer the closing of the directory, the monthly rate continues through that issue of the directory and up to the date for rates to be effective for the next directory. If the additional listig is ordered discontinued before the closing date of the directory in which it would firt appear the monthly rate continues only to the date of cancellation by the customer, with a minimum service period of one month. Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 59 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.4 Directory Listing Service (Contd.) 6.4.2 Listings (Contd.) C. Nondirectory Listed Service Nondirectory listed service means that the Customer's telephone number is not listed in the directory, but does it appear in the Company Directory Assistace Records. This service is subject to the rules and regulations for E911 service, where applicable. The Company wil complete calls to a non-listed number. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or wilful misconduct, the Company is not liable for any damages that might arise from publishing a non-listed number in the directory or disclosing it to some. If, in error, the telephone number is listed in the directory, the only obligation of the Company is to credit or refud any monthly charges the Customer paid for non-listed service. The subscriber indemnifies (i.e., promises to reimbure the Company for any amount the Company must pay as a result of) and save the Company harless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a nondirectory listed service or the disclosing of said number to any person. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Idaho Tarff No. 1 Original Page 60 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.4 Directory Listing Service (Contd.) 6.4.2 Listings (Contd.) D. Nonpublished Service Nonpublished service means that the customer's telephone number is not listed in the directory, nor does it appear in the Company's Directory Assistance Records. However, such information may be displayed on a call-by-call basis at Public Safety Answerig Point locations where Enhanced Universal Emergency Number service is provided (E911). The Company wil complete calls to a non-published number only when the caller dials direct or gives the operator number. No exceptions wil be made, even if the caller says it is an emergency. When the Company agrees to keep a number unlisted, it does so without any obligation. Except for cases of gross negligence or wilful misconduct, the Company is not liable for any damages that might arse from publishing a non-published number in the directory or disclosing it to some. If, in error, the telephone number is published in the directory, the Company's only obligation is to credit or refund any monthly charges the customer paid for non-published service. The subscriber indemnifies (i.e., promises to reimbure the Company for any amount the Company must pay as a result of) and save the Company harless against any and all claims for damages caused or claimed to have been caused, directly or indirectly, by the publication of a non-published service or the disclosing of said number to any person. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 LOCAL AND INTEREXCHANGE SERVICES TARIF Idaho Tarff No. I Original Page 61 SECTION 6 - SUPPLEMENTAL SERVICES (CONT'D.) 6.4 Directory Listing Service (Cont'd.) 6.4.3 Rates A. Monthly Recurrng Charges Additional Listing, per listig: Non-Published, per line Non-Listed Service, per listing: $3.00 $2.50 $2.00 B. Nonrecurrng Charges Additional Listing, per listing: Non-Published, per line Non-Listed Service, per listing: N/C $25.00 $25.00 Issued: October 17,2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 62 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 7 - LONG DISTANCE SERVICES AN RATES 7.1 Outbound Services 7.1.1 IntraLATA Switched Service IntraLA T A Switched Service is an outbound calling plan available to Customers who presubscribe to anyone of the Company local exchange services. Calls are biled in six (6) second increments after an initial period for biling purposes of eighteen (18) seconds. Residential - Per Minute Rate: Business - Per Minute Rate: $0.15 $0.15 7.1.2 InterLATA Toll Service InterLATA Toll Service is a switched outbound plan available to Customers who presubscribe to anyone of the Company local exchange services. Calls are biled in six (6) second increments after an initial period for biling purposes of eighteen (18) seconds. Residential - Per Minute Rate: Business - Per Minute Rate: $0.15 $0.15 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 63 LOCAL AND INTEREXCHANGE SERVICES TARF SECTION 7 - LONG DISTANCE SERVICES AND RATES (CONT'D.) 7.2 Toll Free Services 7.2.1 Switched Toll Free Service Switched Toll Free Service is available to Customers for incoming calls. Calls origiate from any interstate or intrastate location over a toll free number and terminate to a Customer- provided switched access line. Call charges are biled to the Subscriber rather than to the originating caller. Rates are neither time-of-day sensitive nor mileage sensitive. Calls are biled in six (6) second increments afer a minimum call duration for biling purposes of eighteen (18) seconds. A Monthly Recuring Charge applies in addition to usage rates. Per Minute Rate: Monthly Recurrg Charge: $0.15 $10.00 Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 64 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 7 - LONG DISTANCE SERVICES AND RATES (CONT'D.) 7.3 Callng Card Service Calling Card Service is available to Customers for placing calls while away from home or offce. Calls are originated by dialing a toll-free access number, followed by an account identification number and personal identification number. Calls may originate from standard residential, business or pay telephone access lines and may terminate to any interstate or intrastate location. Calls are biled in sixty (60) second increments afer an initial period for biling purposes of sixty (60) seconds. A one- time charge for card set-up applies. There is no per call charge. Per Minute Rate:$0.12 Set Up Charge:$1.99 Issued: October 17,2011 Effective: e e Spectrotel, Inc. d/b/a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tarff No. 1 Original Page 65 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 8 - ACCESS SERVICES 8.1 General Rates and regulations for the Access Services offered by the Company may be found Idaho Tariff No. 2 for Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Orginal Page 66 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 9 - SPECIAL ARRGEMENTS 9.1 Special Construction 9.1.1 Basis for Charges Basis for Charges where the Company fuishes a facilty or service for which a rate or charge is not specified in the Company's tarffs, charges wil be based on the costs incurred by the Company (including return) and may include: A. nonrecurring charges; B. recurring charges; C. termination liabilties; or D. combinations of A., B., and C. 9.1.2 Basis for Cost Computation The costs referred to in 9.1.1 preceding may include one or more of the following items to the extent they are applicable: A. Costs to install the facilties to be provided including estiated costs for the rearangements of existig facilties. These costs include: 1. equipment and materials provided or used; 2. engineering, labor, and supervision; 3. transporttion; and 4. rights of way and/or any required easements. B. Cost of maintenance. C. Depreciation on the estimated cost installed of any facilities provided, based on the anticipated useful service life of the facilties with an appropriate allowance for the estimated net salvage. D. Administration, taes, and uncollectible revenue on the basis of reasonable average cost for these items. E. License preparation, processing, and related fees. F. Tariffpreparation, processing and related fees. G. Any other identifiable costs related to the facilties provided; or H. An amount for retu and contigencies. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 67 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 9 - SPECIAL ARRNGEMENTS, (CONT'D.) 9.1 Special Construction (Contd.) 9.1.3 Termination Liabilty To the extent that there is no other requirement for use by the Company, a termination liabilty may apply for facilties specially constrcted at the request of a customer. A. The period on which the termination liabilty is based is the estimated service life of the facilties provided. B. The amount of the maximum termination liabilty is equal to the estimated amounts (including return) for: 1. Costs to install the facilties to be provided including estimated costs for the rearangements of existing facilties. These costs include: a. equipment and materials provided or used; b. engineering, labor, and supervision; c. transportation; and d. rights of way and/or any required easements; 2. license preparation, processing, and related fees; 3. taiff preparation, processing and related fees; 4. cost of removal and restoration, where appropriate; and 5. any other identifiable costs related to the specially constrcted or rearged facilities. C. The termination liabilty method for calculating the unpaid balance of a term obligation is obtained by multiplying the sum of the amounts determined as set fort in Section 9.1.3.B preceding by a factor related to the unexpired period of liabilty and the discount rate for return and contingencies. The amount determined in Section 9.1.3.B preceding shall be adjusted to reflect the redetermined estiated net salvage, including any reuse of the facilities provided. This amount shall be adjusted to reflect applicable taes. Issued: October 17, 201 i Effective: e e Spectrotel, Inc. d//a OneTouch Communications d/b/a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 68 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 9 - SPECIAL ARGEMENTS, (CONT'D.) 9.2 Non-Routine Installation and/or Maintenance At the customer's request, installation and/or maintenance may be performed outside the Company's regular business hours, or (in the Company's sole discretion and subject to any conditions it may impose) in hazardous locations. In such cases, charges based on the cost oflabor, material, and other costs incurred by or charged to the Company wil apply. If installation is stared during regular business hours but, at the Customer's request, extends beyond regular business hour into tie periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. 9.3 Individual Case Basis (ICB) Arrangements Rates for ICB arangements wil be developed on a case-by-case basis in response to a bona fide request from a customer or prospective customer for service which var from tarffed arangements. Rates quoted in response to such requests may be different for taiffed service than those specified for such service in the Rate Attchment. ICB rates wil be offered to customers in writing and wil be made available to similarly situated customers. A sumar of each ICB contract pricing arangement offered pursuant to this paragraph wil be filed as an addendum to this Tariffwithin 30 days afer the contract is signed by both the Company and the customer. The following inormation wil be included in the sumar: a. LATA and tye of switch b. The V &H distance from the central offce to the customer's premises c. Service description d. Rates and charges e. Quantity of circuits f. Lengt of the agreement. Issued: October 17, 2011 Effective: e e Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptune, NJ 07753 Idaho Tariff No. 1 Original Page 69 LOCAL AND INTEREXCHANGE SERVICES TARIF SECTION 10 - PROMOTIONAL OFFERINGS 10.1 General From time to time the Company shall, at its option, promote subscription or stimulate network usage by offering to waive some or all of the nonrecurrg or recurng charges for the Customer (if eligible) of taget services for a limited duration. Such promotions shall be made available to all similarly situated Customers in the target market area. The Company shall fie promotions with the Commission for tariff approval prior to offering service at promotional rates 10.2 Demonstration of Service From time to time the Company may demonstrate service for potential Customers by providing free use of its network on a limited basis for a period of time, not to exceed one (l) month. Issued: October 17,2011 Effective: e e SPECTROTEL, INC. D/B/A ONETOUCH COMMUICATIONS D/B/A TOUCH BASE COMMCATIONS Exhibit I Amended Proposed Access Services Tariff Spectrotel, Inc. d//a OneTouch Communications . d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Title Page INTRSTATE ACCESS SERVICES TARIF TITLE PAGE IDAHO INTRASTATE ACCESS SERVICES TARIF OF SPECTROTEL, INC. d//a OneTouch Communications d//a Touch Base Communications This Tarff contains the descriptions, regulations, and rates applicable to the provision of access services provided by Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications ("Spectrotel" or "the Company"), with principal offces at 3535 State Highway 66, Suite 7, Neptune, NJ 07753 for services furnished within the State ofIdaho. Copies may be inspected, durg normal business hour, at the Company's principal place of business. Issued: October i 7, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 1 INTRSTATE ACCESS SERVICES TARIF CHECK SHEET Pages of this Tariff, as indicated below, are effective as of the date shown at the top of the respective pages. Original and revised pages, as named below, comprise all changes from the original Tariff and are curently in effect as of the date on the top of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original *26 Original *51 Original * 1 Original *27 Orginal *52 Original * 2 Original *28 Original *53 Original * 3 Original *29 Original *54 Original * 4 Original *30 Orginal *55 Original * 5 Original *31 Original *56 Original * 6 Original *32 Original *57 Original * 7 Original *33 Orginal * 8 Original *34 Original * 9 Original *35 Orginal * 10 Original *36 Original * 11 Original *37 Original * 12 Original *38 Original * 13 Original *39 Original * 14 Original *40 Original * 15 Original *41 Original * 16 Original *42 Original * 17 Original *43 Original * 18 Original *44 Original * 19 Original *45 Original * 20 Original *46 Original * 21 Original *47 Original * 22 Original *48 Original * 23 Original *49 Original * 24 Original *50 Original * 25 Original * * - indicates those pages revised as of the date indicated at the top of this page Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 2 INTRSTATE ACCESS SERVICES TARIF TABLE OF CONTENTS Page CHECK SHEET .................................................................................................................................1 TABLE OF CONTENTS ...................................................................................................................2 EXPLANATIONS OF SYMOLS....................................................................................................3 TARIF FORMT SHEET ...............................................................................................................3 SECTION 1 - DEFINITIONS AND ABBREVIATIONS .................................................................4 SECTION 2 - RULES AND REGULATIONS..................................................................................13 SECTION 3 - SWITCHED ACCESS SERVICE ..............................................................................42 SECTION 4 - RATES AND CHARGES ..........................................................................................54 SECTION 5 - SPECIAL CONTRACTS, ARNGEMENTS AND CONSTRUCTION ...............56 Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 3 INTRASTATE ACCESS SERVICES TARIF EXPLANATION OF SYMOLS The following symbols shall be used in this Tariff for the purpose indicated below: (C) - To signify changed regulation. (D) - To signify discontinued rate or regulation. (I) - To signify increased rate. (M) - To signify a move in the location of text. (N - To signify new rate or regulation. (R) - To signify reduced rate. (S) - To signify reissued matter. (T) - To signify a change in text but no change in rate or regulation. TARIF FORMT A. Page Numberig - Page numbers appear in the upper right corner of the page. Each page is numbere sequentially. However, a new page is occasionally added to the Tariff. When a new page is added between those already in effect, a decimal is added. For example, a new page added between page 15 and page 16 would be page 15.1. B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file. For example, the 4th Revised Page 15 cancels the 3rd Revised Page 15. c. Paragraph Numbering Sequence - Each level of paragraph numbering herein is subservient to its next higher level as shown: 2 2.1 2.1.1 2.1.1.A 2.1. I.A.(l) 2.1. I.A.(l )(a) Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tariff No. 2 Orginal Page 4 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS Access - A connection between a Customer Premises and a Point of Presence of an interexchange carer for the transmission of voice, data or video/image information. Access Line - An arangement that connects the Customer's local exchange line to a Company designated Switching Center or Point of Presence. Access Minutes - The increment for measuring usage of exchange facilties for the purpose of calculating chargeable usage. Access Service Request (ASR) - The service order form used by access service Customers and the Company for the process of establishing, moving or rearanging access services provided by the Company. Access Tandem - A switching system that provides a traffc concentration and distribution fuction for originating or terminating traffc between End Offces and the Customer's Premises or Point of Presence. Account - Either a Customer's physical location or individual Service represented by a unique account number within the biling system. Multiple services each with a unique account number may be par of one physical location. Answer Supervision - The transmission of the switch tr equipment supervisory signal (off-hook or on-hook) to a carier's Point of Presence or customer's terminal equipment as an indication that the called par has answered or disconnected. Application for Service - The Company order process that includes technical, biling and other descriptive information provided by Customer that allows the Company to provide requested communications Services for Customer and Customer's Authorized Users. Upon acceptance by the Company, the Application for Service becomes a binding contract between Customer and the Company for the provision and acceptace of Service. Authorized User - A person, fir, corporation, or other entity that is authorized by Customer to be connected to the Service of Customer. Issued: October 17, 20 i i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 5 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONTD) Automatic Number Identification (ANI) - The automatic transmission of a caller's biling account telephone number to a local exchange company, interexchange carier or a third par Customer. The priar purse of ANI is for biling toll calls. Bit - The smallest unit of information in a binar system of notation. Bps - Bits per second. The number of bits transmitted in a one second intervaL. Business Hours - The phrase "Business Hours" generally means the time begining at 8:00 a.m. and ending at 5:00 p.m. local time at the place of Company operation, Monday though Friday excluding holidays. Business Offce - The phrase "Business Offce" means the priar location where the business operations of the Company are performed and where a copy of the Company's Tarffs are made available for public inspection. Call - A Customer or End User attempt for which the complete address code (e.g., 0-, 911, or 10 digits) is provided to the Serving Wire Center, End Offce or Access Tandem Switch. Central Offce - The premises of the Company or another local exchange carer containing one or more switches where Customer or End User station loops are terminated for puroses of interconnection to other station loops, trs or access facilties. Chanel - A communications path between two or more points. CIC - An interexchange carer identification code. Company or Carier - Used thoughout this Tariff to indicate Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications. Competitive Local Exchange Carer - ("CLEC") or Alternative Local Exchange Carier ("ALEC") - means any entity or person providing local exchange services in competition with an ILEC or LEC. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 6 INTRASTATE ACCESS SERVICES TARF SECTION 1 - DEFINTIONS AND ABBREVIATIONS, (CONT') Constrctive Order - Delivery of calls to or acceptace of calls from the Customets End Users over Company- switched local exchange services constitutes a Constrctive Order by the Customer to purchase switched access services as described herein. Similarly the selection of the Customer by an End User as the End User's PiC constitutes a Constrctive Order for switched access by the Customer. CPE - Customer Premises Equipment. All Terminal Equipment or other communications equipment and/or systems provided by the Customer for use with the Company's facilties and services. Customer - Any person, firm, parership, corporation or other entity that uses service under the terms and conditions of this Tariff and is responsible for the payment of charges. In most contexts, the Customer is an interexchange carier utilzing the Company's Switched Access services described in this Tarff to reach its End User customer(s). Customer Premises - The premises specified by the Customer for termination of access services. Typically an interexchange carier's Point of Presence. Dedicated Access - Where originating or terminating access between an end user and an interexchange carer are provided via dedicated facilities, circuits or chanels. A method of reaching the Customer's communication and switching systems whereby the End User is connected directly to the Customer's Point of Presence or designate without utilzing the services of the local switched network. Delinquent or Delinquency - An account for which payment has not been made in full on or before the last day for timely payment. DSO - Digital Signal Level 0; a dedicated, full duplex digital chanel with line speeds of2.4, 4.8, 9.6, 19.2,56 or 64 Kbps.DS 1 - Digital Signal Levell; a dedicated, high capacity, full duplex chanel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with 8 Zero Substitution (B8ZS) and either Superfame (D4) or Extended Superfame (ESF) formats. DS 1 Service has the equivalent capacity of 24 Voice Grade or DSO services. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 7 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT') DS3 - Digital Signal Level 3; a dedicated, high capacity, full duplex chanel with a line speed of 44. 736 Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS). Equivalent capacity of 28 DS 1 Services. Dual Tone Multifrequency (DTM) - Tone signaling, also known as touch tone signaling. End Offce - The Central Offce from which the End User's Premises would normally obtain local exchange service and dial tone from the Company or other local exchange carier. End Offce Switch - A Company switching system where Customer or End User station loops are terminated for puroses of interconnection to other station loops, tr or access facilties. In most contexts, the End User is connected via station loops or trnks to an End Offce Switch. End User - Any person, firm, parership, corporation or other entity that uses the service of the Company under the terms and conditions of this Tariff. In most contexts, the End User is the customer of an interexchange carier who in turn utilzes the Company's Switched or Dedicated Access services described in this Tariff to provide the End User with access to the IC's communication and switching systems. End User Premises - The premises specified by the Customer or End User for termination of access services at the End User's physical location. Equal Access - Where the local exchange company central offce provides interconnection to interexchange cariers with Feature Group D circuits. In such End Offces, Customers can presubscribe their telephone line(s) to their preferred interexchange carier. A form of dialed access provided by local exchange companies whereby telephone calls dialed by the Customer are automatically routed to the Company's network. Customers may also route calls to the Company's network by dialing an access code provided by the Company. Exchange - A group of lines in a unit generally smaller than a LATA established by the Company or other local exchange carier for the administration of communications service in a specified ara. An Exchange may consist of one or more central offces together with the associated facilties used in fuishing communications service within that area. Effective:Issued: October 17, 2011 Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 8 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONTD) Exchange Message Interface ("EMI") - The industr stadard format used for exchange oftelecommunications message information among cariers. Facilty (or Facilties) - Any item or items of communications plant or equipment used to provide or connect to the Company Services. FCC - Federal Communications Commission. Gbps - Gigabits per second; bilions of bits per second. Holiday - The term "holiday" means 8:00 a.m. to, but not including 11 :00 p.m. local time at the originatig city on all Company-specific holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thansgiving Day, and Christmas Day. When holidays fallon Saturdays or Sundays, the holiday rate applies unless a larger discount would normally apply. Host Offce - An electronic switching system that provides call processing capabilties for one or more Remote Switching Modules or Remote Switching Systems. Individual Case Basis or ICB - A process whereby the terms, conditions, rates and/or charges for a service provided under the general provisions of this Tarff are developed or modified based on the unique circumstances in each case. Interstate - For the purpose of this Tariff, the term Interstate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points located in different states within the United States or between one or more points in the United States and at least one international location. Intrastate - For the purose of this Tarff, the term Intrastate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points, all located within the same state. Interexchange Carer (IXC or IC) - A long distance telecommunications services provider that furnishes services between exchange areas. Kbps - Kilobits per second; lOOOs of bits per second. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Ongial Page 9 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) LATA - Local Access and Transport Area. A geographic area for the provision and administration of communications services existing on Februar 8, 1996, as previously established by the U.S. Distrct Cour for the Distrct of Columbia in Civil Action No. 82-0192; or established by a Bell operating company after Februar 8, 1996 and approved by the FCC; or any other geographic area designated as a LATA in the National Exchange Carer Association (NECA) TariffF.C.C. No.4. Local Access Facilty - The chanel provided by the LEC (or other local service provided) to connect the Point-of-Presence to a Customer location. Local Exchange Company (LEC) - A company that fuishes local exchange telephone services. Mbps - Megabits per second; milions of bits per second. Message - See Call. N/A - Not Applicable. Night/ eekend - The words "night/weekend" mean 11 :00 p.m. to, but not including, 8:00 a.m. local time in the originatig city, all day on Saturday, and all day Sunday except from 5:00 p.m. to, but not including, 11 :00 p.m. Non-business Hours - The phrase "non-business hours" means the time period afer 5:00 p.m. and before 8:00 a.m., Monday though Friday, all day Saturday, Sunday, and on holidays. Non-Recurrg Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and establish a service or feature. NP A - Numbering Plan Area or area code. Off-Hook - The active condition of Switched Access service or a telephone exchange line. On-Hook - The idle condition of Switched Access service or a telephone exchange line. Originating Direction - The use of Switched Access Service for the origination of calls from an End User's Premises to a Customer's Point of Presence. Other Common Carer - The term "other common carer" denotes a specialized or other tye of common carer authorized by the Federal Communications Commission to provide domestic or international communications service. PiC Authoriation - A Customer's or End User's selection of a PiC that meets the requirements offederal and state law. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Are, Chief Operating Offcer e e Idaho TaritINo. 2 Original Page 10 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) PiC - Primar Interexchange Carier. Point of Presence or POP - The physical location associated with an interexchange carets communication and switching systems. Point of Termination - The point of demarcation within a Customer or End User Premises at which the Company's responsibilty for the provision of access service ends. The point of demarcation is the point of interconnection between Company communications facilties and Customer-provided or End User-provided facilities as defined in Par 68 of the Federal Communications Commission's Rules and Regulations. Premises - A building, portion of a building in a multi-tenant building, or buildings on continuous propert not separated by a highway. May also denote a Customer-owned enclosure or utilty vault located above or below ground on private propert or on Customer acquired right-of-way. Presubscription - An arangement whereby a Customer selects and designate to the Company or other LEC a carier he or she wishes to access, without an access code, for completing interLA T A and/or intraLATA toll calls. The selected carier is referred to as the Primar Interexchange Carer (PiC). Primar Interexchange Carer (pIC) - The interexchange carer (IXC) designated by the Customer as its firt routing choice and primar overfow carier for routing of 1 + direct dialed and operator assisted non-local calls. Private Line - A service that provides dedicated path between one or more Customer Premises. Query - The inquir to a Company database to obtain information, processing instrctions or service data. Recurring Charge - The charges to the Customer for services, facilties or equipment, which continue for the agreed upon duration of the service. Recurring charges do not var based on Customer usage of the services, facilties or equipment provided. Remote Switching Modules or Remote Switching Systems (RSMlSS) - Small remotely contrlled electronic End Offce Switching equipment which obta its call processing capabilty from a Host Offce. An RSMlSS canot accommodate direct trnks to a Customer. Services - The Company's common carier communications services provided under this Tariff Service Commencement Date - The firt day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customets refusal to accept service which does not conform to standards in the service order or this Tariff in which case the service commencement date is the date of the Customets acceptace. The Company and Customer may mutually age on a substitute service commencement date. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page Ii INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Service Order - A written request for network services executed by the Customer and the Company. The signing of a Service Order by the Customer and acceptace by the Company begins the respective obligations of the paries in that order for services offered under this Tariff Serving Wire Center Switch - A Company switching system where Customer or End User station loops are terminated for purposes of interconnection to other station loops, trnks or access facilties. In most contexts, the Customer is connected via station loops or trnks to a Serving Wire Center Switch. Special Access - See Dedicated Access. Station - Refers to telephone equipment or an exchange access line from or to which calls are placed. Switch - The term "switch" denotes an electronic device that is used to provide circuit sharing, routine, and control. Switched Access - Where originating or terminatig access between an end user and an interexchange carer is provided via Feature Group facilties, circuits or chanels provided by a local exchange carier. A method of reaching the Customer's communication and switching systems whereby the End User is connected to the Customer's Point of Presence or designate using services ofthe local switched network. Tandem Switch - See Access Tandem. Issued: October 17, 20 iI Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 12 INTRSTATE ACCESS SERVICES TARIF SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer- designated premises. Terminating Direction - The use of Switched Access Service for the completion of calls from a Customer's Point of Presence to an End User Premises. Timely Payment - A payment on a Customer's account made on or before the due date. Trunk - A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. Trunk Group - A set of trnks, which are trc engineered as a unit for the establishment of connections between switching systems in which all of the communications paths are interchangeable. Underlying Carier - A provider of interstate telecommunications services from whom the Company acquirs facilties or services that it utilzes to provide Company services to Customers. V & H Coordinates - Geographic points which define the originating and terminating points of a call in mathematical terms so that the airline mileage of the call may be determined. Call mileage may be used for the purpose of rating calls. Issued: October 17, 20 i 1 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 13 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS 2.1 Undertaking of the Company 2.1.1 The Company undertes to fuish switched or dedicated access communications service pursuant to the terms of this Tarff. 2.1.2 The Company's services and facilties are available twenty-four (24) hours per day, seven (7) days per week. 2. 1.3 The Company is responsible under this Tarff only for the services and facilties provided hereunder, and it assumes no responsibilty for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own customers. 2.1.4 The Company aranges for installation, operation, and maintenance of the communications services provided in this Tariff for Customers in accordance with the terms and conditions set fort under this Tarff. The Customer shall be responsible for all charges due for such service arangements. 2.2 Use ofthe Company's Service 2.2.1 Services provided under this Tariff may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited. 2.2.2 The services the Company offers shall not be used for any unlawfl purose or for any use as to which the Customer has not obtained all required governental approvals, authorizations, licenses, consents and permits. 2.2.3 Any service provided under this Tarff may be resold to or shared Gointly used) with other persons at the Customer's option. The Customer remains solely responsible for all use of service ordered by it or biled to its account(s) pursuant to this Tariff, for determining who is authorized to use its service, and for promptly notifying the Company of any unauthorized use. The Customer may advise its customers that a portion of its service is provided by the Company, but the Customer shall not represent that the Company jointly parcipates with the Customer in the provision of the service. The Company may require applicants for service who intend to use the Company's offerings for resale, shared and/or joint use to fie a letter with the Company confiring that their use of the Company's offerigs complies with relevant laws and the Commission's regulations, policies, orders, and decisions. Issued: October 17, 20 i i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 14 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.3 Limitations 2.3.1 The Company does not underte to transmit messages, but offers the use of its facilities when available, and wil not be liable for errors in transmission or for failure to establish connections. 2.3.2 The furnishing of service under this Tarff is subject to the availabilty on a continuing basis of all the necessar facilties and equipment and is limited to the capacity ofthe Company's facilties as well as facilties the Company may obtain from other carers, from time to time, to furnish service as required at the sole discretion of the Company. 2.3.3 The Company reserves the right to limit or to allocate the use of existing facilties, or of additional facilties offered by the Company, when necessar because oflack offacilties, or due to some other cause beyond the Company's control. 2.3.4 The Company may block any signals being transmitted over its network by Customers that cause interference to the Company or other users. Customer shall not be relieved of all obligations to make payments for charges relating to any blocked service and shall indemn the Company for any clai, judgment or liabilty resulting from such blockage. 2.3.5 The Company reserves the right to discontinue service when the Customer is using the service in violation of the provisions of this Tarff or in violation of the law. 2.3.6 The Company reserves the right to discontinue service, limit service, or to impose requirements as required to meet changing regulatory or statutory rules and stadards, or when such rules and stadards have an adverse material afect on the business or economic feasibilty of providing service, as determined by the Company in its reasonable judgment. 2.3.7 No Company services specified herein shall be provided until after the Company has completed, to its satisfaction, testing of such services and of Company systems, processes and procedures. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 15 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.4 Assignent and Transfer 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 wrtten consent of the other par, except that the Company may assign its rights and duties to a) any entity controlling, controlled by or under common control with the Company, whether direct or indirect; b) under any sale or transfer of all or substantially all the assets of the Company within the applicable state or states; or c) under any financing, merger or reorganization of the Company. 2.5 Application for Service Customers may be required to enter into written or oral service orders which shall conta or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this Tariff Customers wil also be required to execute any other documents as may be reasonably requested by the Company. 2.6 Ownership of Facilties 2.6.1 The Customer obtains no propert right or interest in the use of any specific tye offacilty, service, equipment, number, process, or code. 2.6.2 Title to all facilties utilzed by the Company to provide service under the provisions of this Tariff shall remain with the Company, its parers, agents, contrctors or suppliers. Such facilties shall be retued to the Company, its parers, agents, contrctors or suppliers by the Customer, whenever requested, within a reasonable period following the request in original condition, reasonable wear and tear expected. Issued: October 17, 20 I 1 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 16 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.7 Liabilty of the Company 2.7.1 The liabilty of the Company for damages of any nature arising from errors, mistakes, omissions, interrptions, or delays of the Company, its agents, servants, or employees, in the course of establishing, furnishing, rearanging, moving, terminating, changing or removing the service or facilties or equipment shall not exceed an amount equal to the charges applicable under this Tarff(calculated on a proportionate basis where appropriate, at the sole discretion of the Company) to the period during which such error, mistae, omission, interrption or delay occurs. 2.7.2 In no event shall the Company be liable for any incidental, indirect, special, or consequential damages (including, without limitation, lost revenue or profits) of any kind whatsoever regardless of the cause or foreseeabilty thereof. 2.7.3 When the services or facilties of other common cariers are used separately or in conjunction with the Company's facilties or equipment in establishing connection to points not reached by the Company's facilties or equipment, the Company shall not be liable for any act or omission of such other common cariers or their agents, servants or employees. 2.7.4 The Company shall not be liable for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurence, any law, order, regulation, direction, action or request of the United States governent or of any other governent or of any civil or milita authority, national emergencies, insurrections, riots, wars, stres, lockouts or work stoppages or other labor diffculties, supplier failures, shortges, breaches or delays, or preemption of existing service to restore service in compliance with FCC, or other relevant Commission, rules and regulations. 2.7.5 The Company shall not be liable for interrptions, delays, errors, or defects in transmission, or for any injury whatsoever, caused by the Customer, or the Customer's agents, End Users, or by facilties or equipment provided by the Customer. 2.7.6 No liabilty shall attch to the Company by reason of any defacement or damage to the Customer's premises resulting from the existence of the Company's equipment or facilties on such premises, or by the instalation or removal thereof, when such defacement or damage is not the result of the gross negligence or intentional misconduct of the Company or its employees. 2.7.7 The Company does not guarantee nor make any waranty with respect to instalations provided by it for use in an explosive atmosphere. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 17 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.7 Liabilty of the Company, (Contd.) 2.7.8 The Company makes no waranties or representations, express or implied, either in fact or by operation of law, statutory or otherwise, including waranties of merchantabilty or fitness for a paricular use, except those expressly set forth herein. 2.7.9 Failure by the Company to assert its rights under a provision of this Tariff does not preclude the Company from asserting its rights under other provisions. Effective:Issued: October 17, 2011 Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Origial Page 18 INTRASTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.8 Liabilty of the Customer 2.8.1 The Customer wil be liable for damages to the facilties of the Company and for all incidenta and consequential damages caused by the acts or omissions of the Customer, its offcers, employees, agents, invites, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. 2.8.2 To the extent caused by the acts or omissions of the Customer as described in 2.8.1, preceding, the Customer shall indemnify, defend and hold harless the Company from and against all claims, actions, damages, liabilties, costs and expenses, including reasonable attorneys' fees, for (l) any loss, destrction or damage to propert of any third par, and (2) any liabilty incurred by any third par pursuant to this or any other Tarff of the Company, or otherwise, for any interrption of, interference to, or other defect in any service provided to such third par. 2.8.3 A Customer shall not assert any claim against any other Customer or user of the Company's services for damages resulting in whole or in par from or arising in connection with the furnishing of service under this Tariff including but not limited to mistaes, omissions, interrptions, delays, errors or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurence 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 Tarff is intended either to limit or to expand Customer's right to assert any claims agaist third paries for damages of any nature other than those described in the preceding sentence. 2.8.4 The Customer shall be fully liable for any damages, including, without limitation, usage charges, that the Customer may incur as a result of the unauthoried use of services provided to a Customer. Unauthorized use occurs when a person or entity that does not have actual, apparent, or implied authority to use the network, obtains the Company's services provided under this Tariff. The unauthorized use of the Company's services includes, but is not limited to, the placement of calls from the Customer's premises, and the placement of calls though equipment controlled and/or provided by the Customer, that are transmitted over the Company's network without the authorization of the Customer. The Customer shall be fully liable for all such usage charges. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 19 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer 2.9.1 The Customer is responsible for making proper application for service; for placing any necessar orders; for complying with Tarff regulations; and for payment of charges for services provided. Specific Customer responsibilties include, but are not limited to the following: A. reimbursing the Company for damage to or loss of the Company's facilties or equipment caused by the acts or omissions of the Customer; or the non-compliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer premises, unless caused by the gross negligence or intentional misconduct ofthe employees or agents of the Company; B. providing at no charge, as specified from time to time by the Company, any needed equipment, secured space, power, supporting strctures, and conduit to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessar to maintain the proper operating environment on such premises; C. obtaining, maintaining and otherwise having full responsibilty for all rights-of-way and conduit necessar for installation of cable and associated equipment used to provide communications services to the Customer from the cable building entrce or propert line to the location of the equipment space described in Section 2.9.1.B. Any and all costs associated with the obtaining and maintaing the rights-of-way described herein, including the costs of altering the strctue to permit installation of the Company provided facilties, shall be borne entirely by, or may be charged by the Company, to the Customer; the Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; D. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilties and equipment; the Customer may be required to install and maitain Company facilties and equipment within a hazardous area if, in the Company's opinion, injur or damage to the Company employees or propert might result from instalation or maintenance by the Company; the Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g., frable asbestos) prior to any constrction or installation work; Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 20 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer, (Contd.) 2.9.1 (Contd.) E. 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 facilties and equipment in any Customer Premises or the rights-of-way for which Customer is responsible under Section 2.9.1.C.; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installng, inspecting, maintaining, repairg, or upon termination of service as stated herein, removing the facilties or equipment of the Company; F. not creating or allowing to be placed any liens or other encumbrances on the Company's equipment or facilties; G. making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer, such ageement not to be reasonably witheld or denied. No allowance wil be made for the period durig which service is interrpted for such purposes; H. tag all steps necessar to cancel or otherwise discontiue any service(s) to be replaced by any of the Company's service(s) as described herein; and i. ensurig that any Customer provided equipment and/or systems are properly interfaced with Company facilties or services, that the signals emitted into Company's network are of the proper mode, bandwidth, power, and signal level for the intended use of the Customer and in compliance with the criteria set fort in this Tarff, and that the signals do not damage equipment, injure personnel, or degrade service to other Customers. Issued: October i 7, 20 i i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 2 i INTRASTATE ACCESS SERVICES TARF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer, (Contd.) 2.9.2 With regard to access services provided by the Company, specific Customer responsibilties include, but are not limited to the following: A. Design of Customer Services The Customer shall be responsible for its own expense for the overall design of its services and for any redesigning or rearangements of its services which may be required because of changes in facilties, operations or procedures of the Company, minimum protection criteria, or operating or maintenance charcteristics of the facilties. B. Network Contingency Coordination The Customer shall, in cooperation with the Company, coordinate in planing the actions to be taken to mainta maximum network capabilty following natural or man-made disasters which afect telecommunications service. C. Jurisdictional Reports The jurisdictional reportg requirements wil be as specified below. When a Customer orders Access Service, its projected Percent Interstate Usage (PIU must be provided in whole numbers to the Company. These whole number percentages wil be used by the Company to apportion the use and/or charges between interstate and intrastate until a revised report is received as set forth herein. Reported or default PIU factors are used only where the call detail is insuffcient to determine the appropriate jurisdiction of the trafc. 1.Originating Access. Originating access minutes consist oftrc originating from the Company Local Switching Center(s). The Customer must provide the Company with a projected PIU factor on an anual basis. If no PIU for originating minutes is submitted as specifed herein, the Company wil apply a default PIU of50%. 2.Terminating Access. Terminating access minutes consist of trafc terminating to the Company Local Switching Center(s). The Customer must provide the Company with a projected PIU factor on an anual basis. If no PIU for terminating minutes is submitted as specified herein, the Company wil apply a default PIU of 50%. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 22 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9.2 (Contd.) 2.9 Obligations of the Customer, (Contd.) C. Jurisdictional Reports 3. Except where the Company measured access minutes are used as set fort above, the Customer reported Projected Pil factor as set fort above wil be used until the Customer report a different projected Pil factor, as set fort below. D. Jurisdictional Audits 1.The Customer shall keep suffcient detail from which the percentages of interstate and intrastate use reported to the Company can be verified and upon request of the Company make such records available for inspection and audit. The customer must maintain these records for 24 months from the date the report became effective for biling purses. 2.Initiation of an audit wil be at the sole discretion of the Company. The audit shall be performed by an independent par selected by the Company. An audit may be initiated by the Company for a single customer no more than once per year. The customer shall supply the required data within 30 calendar days of the Company request. 3.In the event that an audit reveals that any customer reported Pil was incorrect, the Company shall apply the audit result to all usage afected by the audit. The customer shall be back-biled or credited, for a period retroactive to the date that the incorrect percentage was reported, but not to exceed 24 months. Back-biled amounts are subject to a late payment penalty and payment shall be made in imediately available funds, within 31 days from receipt of bil or by the following bil date, whichever is a shorter period. Issued: October 17, 201 i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 23 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer, (Contd.) 2.9.2 (Contd.) D. Jurisdictional Audits, (Contd.) 4.Should an audit reveal that the misreported percentage(s) of use has resulted in an underpayment of access charges to the Company of five percent or more of the total Switched Access Services bil, the customer shall reimbure the Company for the cost of the audit. Proof of cost shall be the bils, in reasonable detail submitted to the Company by the auditor. 5.Within 15 days of completion of the auditots report, the Company wil fuish a copy of the audit results to the person designated by the customer to receive such results. Issued: October 17, 2011 Effective: e e Idaho Tarff No. 2 Orginal Page 24 Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.1 0 Biling and Payment For Service 2.10.1 Responsibilty for Charges The Customer is responsible for payment of all charges for services and equipment fuished to the Customer for transmission of calls via the Company. In paricular and without limitation to the foregoing, the Customer is responsible for any and all cost(s) incured as the result of: A. any delegation of authority resulting in the use of Customets communications equipment and/or network services that result in the placement of calls via the Company; B. any and all use of the service arangement provided by the Company, including calls which the Customer did not individually authorie; C. any calls placed by or though the Customer's equipment via any remote access feature(s); 2.10.2 Minimum Period The minimum period for which services are provided and for which rates and charges are applicable is one (1) month unless otherwise specified in this Tarff When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not. Issued: October 17,2011 Effective: e e Idaho Tarff No. 2 Orginal Page 25 Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communcations 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service, (Contd.) 2.10.3 Payment for Service A. All charges due from the Customer are payable to the Company or any agent duly authorized to receive such payments. Terms of payment shall be according to the rules and regulations of the agent and subject to the rules of regulatory bodies having jurisdiction. B. Non-recurrg charges for installations, service connections, moves or rearangements are due and payable upon receipt of the Company's invoice by the Customer. At the Company's discretion, payment of all or a portion of any non- recurring charges may be required prior to commencement of facilty or equipment installation or constrction required to provide the services requested by the Customer. C. The Company shall present invoices for recurring charges monthly to the Customer, in advance of the month in which service is provided, and recurrg charges shall be due and payable as specified on the bil. The Company reserves the right to utilze as its sole and exclusive biling method electronic invoices that are accessible by the Customer via a secure web interface. D. When biling is based upon Customer usage, usage charges wil be biled monthly in arears for service provided in the preceding biling period. Any requests by the Customer for call detail records supporting biled usage charges must be submitted to the Company in writing or via electronic mail that is acknowledged as received by the Company, within sixty (60) days of the date of the invoice on which the usage was biled. Any such call detail records wil be provided in a format to be mutually ageed between the Company and the Customer. E. Customer biling wil begin on the service commencement date, which is the day the Company determines in its reasonable sole discretion that the service or facilty is available for use, except that the service commencement date may be postponed by mutual agreement of the paries, or if the service or facilty does not conform to stadards under this Tariff or the service order. Biling accrues though and includes the day that the service, circuit, arangement or component is discontinued. F. When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was fuished wil be calculated on a pro rata basis. For this purose, every month is considered to have 30 (thir) days. G. Amounts not paid within 30 (thirt) days afer the mailing date of invoice wil be considered past due. Issued: October 17, 2011 Effective: e e Idaho Tarff No. 2 Original Page 26 Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service, (Contd.) 2.10.4 Disputed Charges A. Any objections to biled charges must be reported to the Company or its biling agent in wrting or via electronic mail that is acknowledged by the Company within ninety (90) days of the invoice date of the bil issued to the Customer. Adjustments to Customers' bils shall be made to the extent that circumstaces exist which reasonably indicate that such changes are appropriate. B. In the event that a biling dispute occurs concerning any charges biled to the Customer by the Company, the Customer must submit a documented claim for the disputed amount. The Customer wil submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within ninety (90) days of the invoice date of the bil for the disputed services. If the Customer does not submit a claim as stated above, the Customer waives all rights to fiing a claim thereafter. C. If the dispute is resolved in favor of the Customer and the Customer has witheld the disputed amount, no interest credits or penalties wil apply. D. If the dispute is resolved in favor of the Company and the Customer has witheld the disputed amount, any payments witheld pending settlement of the disputed amount shall be subject to the late payment penalty as set fort in 2.10.5. E. If the dispute is resolved in favor of the Customer and the Customer has paid the disputed amount, the Customer wil receive an interest credit from the Company for the disputed amount times a late factor as set fort in 2.10.5. F. If the dispute is resolved in favor of the Company and the Customer has paid the disputed amount on or before the payment due date, no interest credit or penalties wil apply. G. In the event that the Company brings legal action agaist the Customer to collect payments owned by the Customer for access services provided puruant to this taff the Company shall be entitled to recover its reasonable legal fees and court costs from the Customer in addition to other relief a court may award. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 27 INTRASTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONTD) 2.10 Biling and Payment For Service, (Contd.) 2.10.5 Late Payment Fees A late payment charge of 1.5% per month, or the highest rate permitted by applicable law, whichever is less, shall be due to the Company for any biled amount for which payment has not been received by the Company within thir (30) days of the invoice date of the Company's invoice for service, or if any porton of the payment is received by the Company in funds which are not imediately available upon presentment. If the payment due date falls on a Saturday, Sunday, legal holiday or other day when the offces of the Company are closed, the date for acceptance of payments prior to assessment of any late payment fees shall be extended though to the next business day. 2.10.6 Returned Check Charge A service charge equal to $30.00, or the actual fee incurred by Company from a ban or financial institution, whichever is greater, wil be assessed for all checks retued by a ban or other financial institution for: insuffcient or uncollected funds, closed account, apparent tampering, missing signatue or endorsement, or any other insuffciency or discrepancy necessitating return of the instrment at the discretion ofthe drawee ban or other financial institution. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 28 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.11 Taxes, Surcharges and Fees 2.11.1 All taes, including state and local taxes (i.e., gross receipts tax, sales tax, municipal utilties tax), are listed as separate line items on the Customer's bil and are not included in the quoted rates and charges set forth in this Tariff To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, sales tax, occupation ta, license ta, permit fee, rights-of- way fee, franchise fee, or other regulatory fee or ta, such and fees and taxes shall, insofar as practicable and allowed by law, be biled pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of governent. It shall be the responsibilty of the Customer to pay any such taes and fees that subsequently become applicable retroactively. 2.1 1.2 The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governental or quasi-governenta authorities to collect from or pay to others in support of statutory or regulatory programs. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tariff No. 2 Original Page 29 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.12 Deposits and Advanced Payments 2.12.1 General The Company reserves the right to validate the creditwortiness of Customers and biled paries through available verification procedures. Where a Customer's creditworthiness is unacceptable to the Company, Company may refuse to provide service, require a deposit or advance payment, or otherwise restrict or interrpt service to a Customer. 2.12.2 Deposits A. The Company may, in order to safeguard its interests, require a Customer which has a proven history oflate payments to the Company or does not have established credit or has a bad credit rating to make a deposit prior to or at any time afer the provision of service to the Customer to be held by the Company as a guarantee of the payment of rates and charges. No such deposit wil be required of a Customer that has established satisfactory credit and has no history oflate payments to the Company. B. The amount of deposit may be adjusted at the request of the Customer at any time when the character, purpose, or degree of the Customer's use of the service has materially changed, or when it is indicated that it wil change. C. The making of a deposit shall not relieve any Customer of the obligation to pay current bils when due. A deposit shall only be applied to the indebtedness of the Customer for jurisdictional telecommunications services of the provider. D. The Company wil pay interest at the rate prescribed by the Commission or as otherwise permitted by applicable law. 2.12.3 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilties are furnished. The advance payment wil not exceed an amount equal to one (l) month's estimated biling. This wil be applied agaist the next month's charges and a new advance payment may be collected for the next month, if necessar. Advance payments do not accrue interest. An advance payment may be required in addition to a deposit. Issued: October 17, 20 i 1 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tariff No. 2 Orgial Page 30 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.13 Cancellation by Customer 2.13.1 General A. Customers of the Company's service may cancel service by providing the Company with written notification thir (30) days prior to the requested cancellation date. The Company shall hold the Customer responsible for payment of all bils for service furnished until the cancellation date specified by the Customer or until thir (30) days after the date that the cancellation notice is received, whichever is later. B. Customers seeking to cancel service have an afrmative obligation to block trafc originating from or terminatig to the Company's network. By originating trafc from or terminating traffc to the Company's network, the Customer wil have constrctively ordered the Company's switched access service. 2.13.2 Cancellation of Contract Services A. If a Customer cancels a service order or terminates services before the completion of the term or where the Customer breaches the terms in the service contract, the Customer may be requested by the Company to pay to Company termination liabilty charges. These charges shall become due and owing as of the effective date of the cancellation or termination. Unless otherwise specified in this Tarff the termination liabilty shall be equal to: (1)all unpaid nonrecurrg charges reasonably expended by the Company to establish service to Customer, plus; (2)any disconnection, early cancellation or termination charges reasonably incurred and paid to third paries by the Company on behalf of Customer, plus; (3)all recuring charges specified in the applicable service order for the balance of the then curent term. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 31 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.13 Cancellation by Customer, (Contd.) 2.13.3 Cancellation of Application for Service A. Where the Company permits the Customer to cancel an application for service prior to the sta of service or prior to any special constrction, no charges wil be imposed except for those specified below. B. Where, prior to cancellation by the Customer, the Company incurs any expenses in installng the service or in preparing to install the service that it otherwise would not have incured, a charge equal to the costs the Company incured, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy agaist the Company that would have been chargeable to the Customer had service begun. C. Where the Company incurs any expense in connection with special constrction, or where special arangements of facilties or equipment have begu, before the Company receives a cancellation notice, a charge equal to the costs incurred, less net salvage, may apply. In such cases, the charge wil be based on such elements as the cost of the equipment, facilties, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disburements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special constrction or arangements. D. The charges described above wil be calculated and applied on a case-by-case basis. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 32 INTRASTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.14 Cancellation by Company 2.14.1 Service continues to be provided until canceled by the Customer pursuant to Section 2.13 or until discontinued by the Company. The Company may render bils subsequent to the termination of service for charges incurred before termination. The Customer shall pay such bils in full in accordance with the payment terms of this Tarff. 2. i 4.2 The Company may refuse or discontinue service to a Customer without notice under the following conditions: A. For violation oflaw or this Tariff: Except as provided elsewhere in this Tariff the Company may refuse, suspend or cancel service, without notice, for any violation of terms of this Tariff for any violation of any law, rule, regulation, order, decree or policy of any governent authority of competent jurisdiction, or by reason of any order or decision of a court or other governent authority having jurisdiction which prohibits the Company from furnishing such service or prohibits Customer from subscribing to, using, or paying for such service. B. For the Company to comply with any order or request of any governental authority having jurisdiction: The Company may refuse, suspend or cancel service, without notice, in order to permit the Company to comply with any order or request of any governental authority having jurisdiction. C. In the event of a national or local emergency in which the Company has reason to believe that its services may be used for causing terrorist acts or har to citizens. D. In the event of Customer or Authorized User use of equipment in such a maner as to adversely afect the Company's equipment or service to others. E. In the event of tampering with the equipment or services of the Company or its agents. F. In the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, to the extent that Company opts to restore such service, require the Customer to make, at Customets own expense, all changes in facilties or equipment necessar to eliminate ilegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. G. Ifany of the facilties, appliances, or apparatus on Customer's premises are found to be unsafe or causing har to the Company's facilties, and may refuse to fuish service until the applicant or Customer shall have remedied the condition. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 33 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.14 Cancellation by Company, (Contd.) 2.14.3 The Company may refuse or discontinue service provided that, unless otherwise stated, the Customer shall be given five (5) days written notice to comply with any rule or remedy any deficiency: A. For nonpayment: The Company, by written notice to the Customer and in accordance with applicable law, may refuse, suspend or cancel service without incurring any liabilty when there is an unpaid balance for service that is past due. B. For retued checks: The Customer whose check or draft is returned unpaid for any reason, after two attempts at collection, may, at the Company's discretion, be subject to refusal, suspension or cancellation of service in the same maner as provided for nonpayment of overdue charges. C. For neglect or refusal to provide reasonable access to the Company or its agents for the purpose of inspection and maintenance of equipment owned by the Company or its agents. D. For Customer use or Customer's permittg use of obscene, profane or grossly abusive language over the Company's facilties, and who, after five (5) days notice, fails, neglects or refuses to cease and refrain from such practice or to prevent the same, and to remove its propert from the premises of such person. E. For use of telephone service for any propert or purpose other than that described in the application. F. For Customer's breach of any contract for service between the Company and the Customer. G. For periods of inactivity in excess of sixty (60) days. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 34 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2. i 5 Restoration of Service 2.15.1 If service has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes service continued, service may be restored at the Company's sole discretion, when all past due amounts are paid or the event giving rise to the discontiuance (if other than nonpayment) is corrected. Customers whose service was disconnected for non-payment may be required to pay a deposit and/or advance payment prior to service restoration. 2.15.2 A restoration fee of $25.00, or the actual costs incurred by the Company plus an administrative charge, whichever is greater, applies to Customers whose service is restored following disconnection by the Company. 2.15.3 Restoration of disrupted services shall be in accordance with applicable Commission and/or Federal Communications Commission Rules and Regulations specified in 47 C.F .R., Chapter I, Par 64, , Appendix A, which specify the priority system for such activities. 2.16 Provision of Company Equipment and Facilities 2.16.1 The Company shall use reasonable efforts to maintain only the facilties and equipment that it fuishes to the Customer. The Customer may not nor may the Customer permit others to rearange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the written consent of the Company. 2.16.2 The Company may substitute, change or rearange any equipment or facilty at any time and from time to time, but shall not thereby alter the technical parameters of the service provided to the Customer except following required notice procedures. 2.16.3 Equipment the Company provides or installs at the Customer premises shall not be used for any purose other than that for which the equipment is provided. 2.16.4 The Company shall not be responsible for the installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilties furnished under this Tarff, the responsibilty of the Company shall be limited to the furnishing of facilties offered under this Tarff and to the maintenance and operation of such facilties. Subject to this responsibilty, the Company shall not be responsible for: A. the transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or B. the reception of signals by Customer-provided equipment; or C. network control signaling where such signaling is performed by Customer-provided network control signaling equipment. Issued: October i 7, 20 i i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 35 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.17 Interconnection 2.17.1 Service furnished by the Company may be interconnected with services or facilties of other authorized communications common cariers and with private systems, subject to technical limitations established by the Company. Service furnished by the Company is not par of a joint underting with such other common cariers or systems. Any special interface equipment or facilties necessar to achieve compatibilty between the facilties of Company and other paricipating cariers shall be provided at the Customer's expense. 2.17.2 Connection with the facilties or services of other carers shall be under the applicable terms and conditions of the other cariers' Tariffs. The Customer is responsible for taing all necessar legal steps for interconnecting Customer-provided terminal equipment or systems with Company's facilties. Customer shall secure all licenses, permits, rights-of-way, and other arangements necessar for such interconnection. 2.17.3 The Customer shall ensure that the facilties or equipment provided by another carier are properly interconnected with the facilties or equipment of the Company. If the Customer maintains or operates the interconnected facilties or equipment in a maner which results or may result in har to the Company's facilties, equipment, personnel, or the quality of service, the Company may, upon five (5) days wrtten notice, require the use of protective equipment at the Customer's expense. If this wrtten notice fails to eliminate the actual or potential har, the Company may, upon additional five (5) days written notice, terminate the existing service of the Customer. 2.17.4 Ifhar to the Company's network, personnel or services is iminent due to interconnection with another carier's services, the Company reserves the right to shut down Customer's service imediately, with no prior notice required. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e o Idaho Tarff No. 2 Orgial Page 36 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2. i 8 Customer-Provided Equipment 2.18.1 The Company's services are designed priarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this Tariff. A user may transmit any form of signal that is compatible with the Company's equipment, but the Company does not represent that its services wil be suitable for puroses other than voice-grade telephonic communication except as specifically stated in this Tariff. 2.18.2 Terminal equipment on the user's premises and the electric power consumed by such equipment shall be provided by and maintaied at the expense of the Customer. The Customer is responsible for the provision of wirg or cable to connect its terminal equipment to the Company's network. 2.18.3 The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilties. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wirg by the connection, operation, or maintenance of such equipment and wirg shall be such as not to cause damage to the Company-provided equipment and wirg or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injur shall be provided by the Company at the Customer's expense, subject to prior Customer approval of the equipment expense. 2.18.4 Upon suitable notification to the Customer, and at a reasonable tie, the Company may make such tests and inspections as may be necessar to determine that the Customer is complying with the requirements under this Section 2.18 for the installation, operation, and maintenance of Customer-provided facilties, equipment, and wirig in the connection of Customer- provided facilties and equipment to Company-owned facilties and equipment. 2.18.5 If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action, as it deems necessar to protect its facilties, equipment, and personneL. The Company may, upon five (5) days written notice, require the use of additional protective equipment at the Customer's expense. If this written notice fails to remedy any protective deficiencies or potential har, the Company may, upon additional five (5) days wrtten notice, terminate the existing service of the Customer. 2.18.6 Ifhar to the Company's network, personnel or services is iminent, the Company reserves the right to shut down Customer's service immediately, with no prior notice required. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 37 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.19 Inspection, Testing and Adjustments 2.19.1 The Company may, upon reasonable notice, make such tests and inspections as may be necessar to determine whether the terms and conditions of this Tariff are being complied with in the installation, operation or maintenance of the Customets or the Company's facilities or equipment. The Company may interrpt service at any time, without penalty or liabilty, due to the depare from or reasonable suspicion of the deparre from any of these terms and conditions. 2.19.2 Upon reasonable notice, the facilties or equipment provided by the Company shall be made available to the Company for such tests and adjustments as may be necessar for their maintenance in a condition satisfactory to the Company. No interrption allowance shall be granted for the time during which such tests and adjustments are made, unless such interrption exceeds twenty-four (24) hours in length and is requested by the Customer. 2.19.3 The Company wil provide the Customer reasonable notification of service-afectig activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilties additions, removals or rearangements and routie preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period applies to all service activities. The Company wil work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service-afecting conditions, such as an outage resultig from cable damage, notification to the Customer may not be possible. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e r' Idaho Tarff No. 2 Orginal Page 38 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.20 Allowances for Interrptions in Service 2.20.1 General A. Upon the wrtten request of the Customer, delivered to the Company no later than thir (30) days following the date of service interrption, a credit allowance wil be given when service is interrpted, except as specified in Section 2.20.2 following. A service is interrpted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this Tariff B. An interrption period begins when the Customer reports to the Company a service, facilty or circuit is inoperative and, if necessar, releases it for testing and repair by the Company, as determined in its sole and reasonable discretion. An interrption period ends when the service, facility or circuit is operative. C. If the Customer reports a service, facilty or circuit to be interrpted but declines to release it for testing and repair, refuses access to its premises for test and repair by the Company, or continues to make voluntar use of the service, the service, facilty or circuit is considered to be impaired but not interrpted. No credit allowances wil be made for a service, facilty or circuit considered by the Company to be impaired. D. The Customer shall be responsible for the payment of service charges for visits by the Company's agents or employees to the premises of the Customer when the service diffculty or trouble report results from the use of equipment or facilities provided by any par other than the Company, including but not limited to the Customer. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 39 INTRSTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.20 Allowances for Interrptions in Service, (Contd.) 2.20.2 Limitations of Allowances A. No credit allowance wil be made for any interrption in service: (1) due to the negligence of or noncompliance with the provisions of this Tariff by any person or entity other than the Company, including but not limited to the Customer; (2) due to the failure of power, equipment, systems, connections or services not provided by the Company; (3) due to circumstances or causes beyond the reasonable control of the Company; (4) durig any period in which the Company is not given full and free access to its facilties and equipment for the purposes of investigating and correcting interrptions; (5) during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arangements; (6) when the Customer is known to have planned or paricipated in terrorism or in acts that may cause har to citizens; (7) that occurs or continues due to the Customer's failure to authorize replacement of any element of special constrction; and (8) that was not reported to the Company within thir (30) days of the date that service was afected. 2.20.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period of interrption, the Customer must pay the charges for the alternative service used. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 40 INTRASTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONTD) 2.20 Allowances for Interrptions in Service, (Contd.) 2.20.4 Application of Credits for Interrptions in Service A. Except as provided in Section 2.20.2 A., if a Customer's service is interrpted, and it remains interrpted for eight (8) normal working hours or longer after access to the premises is made available and after being reported to be out of order, appropriate adjustments or refunds shall be made to the Customer, when such adjustment exceeds $1.00. B. The amount of adjustment or refund shall be determined on the basis of the known period of interrption; generally begining from the time the service interrption is firt reported. The refund to the Customer shall be a pro rata par of the month's flat rate charges (if any) for the period of days and that portion of the service facilties rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bil for the service. C. For purposes of credit computation every month shall be considered to have seven hundred and twenty (720) hours. For services with a monthly recurg charge, no credit shall be allowed for an interrption of continuous duration of less than eight (8) hours. The Customer shall be credited for an interrption of eight (8) or more hours at the rate of l/72Ot of the monthly charge for the services afected for each day that the interrption continues. The formula used for computation of credits is as follows: Credit = A/720 x B A = outage time in hours (must be 8 or more) B = total monthly recurg charge for afected service. D. No credits wil be provided for usage sensitive services. E. Cellular and other wireless transmission and Internet-based calling is subject to interrptions including but not limited to, dropped calls, interrpted calls, unintelligible calls, one-way audio and other problems created by factors beyond Company's control. Under no cirumstaces wil Company provide credit or payment of any kind for calls that experience problems related to cellular or other wireless transmissions or for calls that experience problems related to Internet-based communications including but not limited to those calls that transcend wire line and Voice over Internet Protocol ("VoIP") networks. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tariff No. 2 Orginal Page 4 i INTRASTATE ACCESS SERVICES TARIF SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.21 Notices and Communications 2.21.1 The Customer shall designate on the service order an address to which the Company shall mail or deliver all notices and other communications, except that Customer may also designate a separate address to which the Company's bils for service shall be mailed. 2.21.2 The Company shall designate on the service order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on bils for service to which the Customer shall mail payment on that bilL. 2.21.3 Notice of a pending disconnection of a Customets service may contain the reason for the notice, the date of the notice, a description of any remedies the Customer may make, the tie allotted for the Customer to make remedies (if any), and a toll free customer service number the Customer may call to obtain additional information. 2.21.4 Except as otherwise stated in this Tarff, all other notices or communications required to be given under this Tariffwil be in writing. 2.21.5 Notices and other communications of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the second business day following placement of the notice, communication or bil with the U.S. mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.21.6 The Company or the Customer shall advise the other par of any changes to the addresses designated for notices, other communications or biling, by following the procedures for giving notice set fort herein. 2.22 Mixed Interstate and Intrastate Switched Access Services 2.22.1 When mixed interstate and intrastate switched access service is provided, all charges, including nonrecuring charges, usage charges, and optional features changes shall be determined through the procedure set forth in 2.9.2, above. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 42 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE 3.1 General 3.1.1 Switched Access Service, which is available to Customers for their use in furnishing their services to End Users, provides a two-point communications path between a Customer's Premises and an End User's Premises. It provides for the use of common terminating, switching and trnking facilities, and for the use of common subscriber plant of the Company. Switched Access Service provides for the abilty to originate calls from an End User's Premises to a Customer's Premises and to terminate calls from a Customer's Premises to an End User's Premises in the LATA where it is provided. 3.1.2 When a rate as set fort in this Tarff is shown to more than two decimal places, the charges wil be determined using the rate shown. The resulting amount wil then be rounded to the nearest penny (i.e., rounded to two decimal places). 3.1.3 In the absence of an ASR as described in Section 3.4, delivery of calls to, or acceptance of calls from, the Customer's End User location(s) via Company-provided switched access services shall constitute a Constrctive Order and an agreement by the Customer to purchase the Company's switched access services as described and priced herein. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communcations d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 43 INTRASTATE ACCESS SERVICES TARF SECTION 3 - SWITCHED ACCESS SERVICE, (CONTD) 3.2 Maner of Provision 3.2.1 Switched Access is fuished for originating and terminating calls by the Customer to its End User. 3.2.2 Switched Access is fuished on a per-line or per tr basis. 3.2.3 Originating trafc tye represents access capacity within a LATA for caring trafc from the End User to the Customer; and Terminating traffc type represents access capacity within a LATA for caring trafc from the Customer to the End User. When orderig capacity for Switched Access, the Customer must at a minimum specify such access capacity in terms of originating trafc tye and/or terminating trafc tye. 3.2.4 Switched Access is provisioned, at minimum, at the DS-l level and provides line-side or trnk-side access to End Offce switches for the Customer's use in originating and terminatig communications. Basic Switched Access service wil be provided with Multi-Frequency In Band Signaling (SS7 is also available, where capabilties exist). 3.2.5 Two tyes of Switched Access are available: A. Tandem Connect Access: This option applies when the customer has no direct facilties to the End Offce. Trafc is routed to and from the End Offce via the Access Tandem. Delivery of calls to, or acceptace of calls from, the Customets End User location(s) via Company-provided Tandem Connect Access services shall constitute a Constrctive Order and an agreement by the Customer to purchase the Company's switched access services as described and priced herein. B. Direct Connect Access: This option applies when the Company or another service provider provides dedicated facilties between the customets premises and the End Offce. This transmission path is dedicated to the use of a single Customer. The Customer is responsible for providing such facilties itself or for negotiating such arangements with possible suppliers. To the extent that the Company is able to provide such arangements, the dedicated porton of Direct Connect Access would be provided on an Individual Case Basis as Special Service Arangements puruant to Section 5 of this Tariff. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 44 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.3 Switched Access Service 3.3.1 Switched Transport For trafc that EMI records indicate was tandem switched (for example, when traffc is not routed via a direct end offce trnk), switched transport rate elements shall apply. As used in this Section 3.3.1, "switched transport rate elements" include (without limitation) tandem switched termination rate elements, tandem switched facilty rate elements, tadem switching rate elements, and common transport multiplexing rate elements. 3.3.2 End Offce Switching The End Offce Switching rate category establishes the charges related to the use of end offce switching equipment, the terminations in the end offce of end user lines, the terminations of calls at Company Intercept Operators or recordings, the Signaling Tranfer Point (STP) costs, and the SS7 signaling function has between the end offce and the STP. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tariff No. 2 Orginal Page 45 INTRASTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.4 Access Ordering 3.4.1 General A. Customers may order switched access through a Constrctive Order, as defined herein, or through an ASR. The format and terms ofthe ASR wil be as specified in the Industr Access Service Order Guidelines, unless otherwise specified herein. B. A Customer may order any number of services of the same tye and between the same premises on a single ASR. All details for services for a paricular order must be identicaL. C. The Customer shall provide all information necessar for the Company to provide and bil for the requested service. When placing an order for Access Service, the Customer shall provide the following minimum information: (1) Customer name and Premises address( es); (2) Biling name and address (when different from Customer name and address); and (3) Customer contact name(s) and telephone number(s) for the following provisioning activities: order negotiation, order confiration, interactive design, installation and biling. 3.4.2 Access Service Date Intervals A. Access Service is provided with Standard or Negotiated Intervals. B. The Company wil specify a fir order confiration date and Service Commencement Date contingent on the ASR being complete as received. To the extent the Access Service can be made available with reasonable effort the Company wil provide the Access Service in accordance with the Customets requested interval, subject to the following conditions: (1)For service provided under a Stadard Interval: The Standard Interval for Switched Service wil be sixty (60) business days from the Application Date. This interval only applies to stadard service offerigs where there are pre- existing facilties to the Customer Premises. Access Services provided under the Stadard Interval wil be installed during Company business hours. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 46 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.4 Access Ordering, (Contd.) 3.4.2 Access Service Date Intervals, (Contd.) B. (Contd.) (2) For service provided under a Negotiated Interval: The Company will offer a Service Date based on the tye and quantity of Access Services the Customer has requested. The Negotiated Interval may not exceed by more than six (6) months the Stadard Interval Service Date, or, when there is no Stadard Interval, the Company offered Service Date, except as otherwise agreed by the Company in writing. The Company wil negotiate a Service Date interval with the Customer when: (a) The Customer requests a Service Date before or beyond the applicable Standard Interval Service Date; or (b) There is no existing facilty connecting the Customer Premises with the Company; or (c) The Customer requests a service that is not considered by theCompany to be a standard service offering (for example, if additional engineerig or special constrction is required to complete the order); or (d) The Company determines that Access Service canot be installed within the Standard Interval. C. All services for which rates are applied on an Individual Case Basis are provided with a Negotiated Interval. 3.4.3 Access Service Request Modifications The Customer may request a modification of its ASR prior to the Service Commencement Date. All modifications must be in writing using the industr ASR process. The Company, in its sole discretion, may accept a verbal modification from the Customer. The Company wil make every effort to accommodate a requested modification when it is able to do so with the normal work force assigned to complete such an order within normal business hours. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 47 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.5 Special Constrction or Special Service Arrangements 3.5.1 Subject to the agreement of the Company and to all of the regulations contaed in this Tar special constrction of Company facilties or development of special service arangements may be undertaken by the Company on a reasonable-effort basis at the request of the Customer. Such constrction or arangements wil be provided pursuant to regulations contained in Section 5 of this Tarff 3.6 Obligations of the Company 3.6.1 With regard to access services provided by the Company, specific Company responsibilties include, but are not limited to the following: A. Network Management The Company wil administer its network to ensure that provision of acceptable service levels to all telecommunications users of the Company's network services. Generally, service levels are considered acceptable only when both End Users and Customers are able to establish connections with minimal delay encountered within the Company network. The Company maitas the right to apply protective controls, i.e., those actions, such as call gapping, which selectively cancel the completion of trafc, over any trafc caried over its network, including that associated with a Customer's Switched Access Service. Generally, such protective measures would only be taken as a result of occurences such as a failure or overload of Company or Customer facilties, natural disasters, mass calling or national security demands. Issued: October i 7, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 48 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.6 Obligations of the Company, (Contd.) 3.6.1 (Contd.) B. Design and Trafc Routing of Switched Access Service The Company shall design and determine the routig of Switched Access Service, including the selection of the first point of switching and the selection of facilties from the interface to any switching point and to the End Offces. The Company shall also decide if capacity is to be provided by originating only, terminatig only, or two- way trnk groups. Finally, the Company wil decide whether tr side access will be provided though the use of two-wire or four-wire trnk terminatig equipment. Selection of facilities and equipment and traffc routing of the service are based on standard engineerig methods, available facilties and equipment and the Company's trafc routing plans. If the Customer desires different routing or directionality than that determined by the Company, the Company wil work cooperatively with the Customer in determining (1) whether the service is to be routed directly to an end offce or through an access tandem switch and (2) the directionality of the service. Issued: October i 7, 201 i Effective: Spectrotel, Inc. d//a OneTouch Communcations d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e It Idaho Tarff No. 2 Orginal Page 49 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.7 Obligations of the Customer 3.7.1 The Customer has certain specific obligations pertining to the use of Switched Access Service. These obligations are in addition to obligations specified in Section 3.9 ofthis Tarff and are as follows: A. Report Requirements Customers are responsible for providing the following report to the Company, when applicable: Jurisdictional Reports When a Customer orders Switched Access Service that may be used for both interstate and intrastate traffc, the Customer is responsible for providing reports as set fort in Section 2.9.2, preceding. Charges wil be apportioned in accordance with those report. B. On and Off-Hook Supervision The Customer's facilties shall provide the necessar on and off-hook supervision for accurate timing of calls. Issued: October i 7, 20 i i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Original Page 50 INTRASTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations 3.8.1 General There are thee tyes of rates and charges that apply to Switched Access Service provided by the Company. These are monthly recurrg charges, usage charges, and nonrecurg charges. 3.8.2 Types of Charges A. Nonrecurring charges are one-time charges that apply for a specific work activity (e.g., installation or change to an existing service). Non-recurg charges may apply for installation of service, instalation of optional featus and service rearangements. B. Recurring Charges are flat monthly rates that apply for each month or fraction thereof that a specific rate element is provided. For biling puroses, each month is considered to have thir (30) days. C. Usage Charges are rates that apply only when a specific rate element is used. These are applied on a per-access minute, a per-call or per-query basis. Usage rates are accumulated over a monthly period. Issued: October 17, 20 II Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tariff No. 2 Onginal Page 51 INTRASTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONTD) 3.8 Rate Regulations, (Contd.) 3.8.3 Measurement of Access Minutes A. When recording originating calls over Switched Access Service with multi-frequency address signaling, usage measurement begins when the first win supervisory signal is forwarded from the Customer's facilities. The measurement of originating call usage over Switched Access Service ends when the originating Switched Access Service entr switch receives disconnect supervision from either the originatig End User's End Offce (indicating that the originating End User has disconnected), or from the Customer's facilities, whichever is recognized fit by the entr switch. B. For terminating calls over Switched Access Service with multi-frequency address signaling, the measurement of access minutes begins when a seizre signal is received from the Carer's trnk group at the Point of Presence within the LATA. The measurement of terminatig call usage over Switched Access Service ends when a disconnect signal is received, indicating that either the originating or terminating user has disconnected. C. When recording originating calls over Switched Access Service with SS7 signaling, usage measurement begins with the transmission of the initial address message by the switch for direct tr groups and with the receipt of an exit message by the switch for tandem tr groups. The measurement of originating Switched Access Service usage ends when the entr switch receives or sends a release message, whichever occurs firt. D. For terminatig calls over Switched Access Service with SS7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User. On directly routed trnk groups or on tandem routed trnk groups, the Company switch receives the initial address message and sends the indication to the Customer in the form of an answer message. The measurement of terminating Switched Access Service call usage ends when the entr switch receives or sends a release message, whichever occurs firt. E. Mileage, where applicable, wil be measured in accordance with stadard industr practices. Issued: October 17,2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 52 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations, (Contd.) 3.8.3 Measurement of Access Minutes, (Contd.) F. The Company wil use the Small Exchange Carier Access Biling ("SECAB") guidelines, or the Carier Access Biling System ("CABS") guidelines, or other system that emulates or otherwise produces a reasonable substitute for the output of SECAB or CABS, for biling all charges under this Tariff. The Company wil provide biling using a hardcopy format or upon request, a mechanized medium (e.g., cardge tape, CD ROM, etc.). Bils wil be accurate and contain suffcient supporting details to allow customers to account for the charges and to verify their accuracy in a reasonable and timely fashion. Requests for additional bil detail wil be handled and priced on an Individual Case Basis (ICB). 3.8.4 Moves A. A move of services involves a change in the physical location of one of the following: (1) The point of termination at the Customer's Premises, or (2) The Customer's Premises B. The charges for the move are dependent on whether the move is to a new location within the same building or to a different building as described below: (1) Moves Within the Same Building When the move is to a new location within the same building, the charge for the move wil be an amount equal to one half of the nonrecurring charge for the capacity afected. There wil be no change in the minimum period requirements. (2) Moves to a Different Building Moves to a different building wil be treated as a discontinuance and sta of service and all associated nonrecurrg charges wil apply. New minimum period requirements will be established for the new service. The Customer wil also remai responsible for satisfying all outstading minimum period charges for the discontinued service. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orgial Page 53 INTRSTATE ACCESS SERVICES TARIF SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations, (Contd.) 3.8.5 Installation of Optional Features A. If a separate nonrecurring charge applies for the installation of an optional feature available with Switched Access Service, the charge applies whether the featue is installed coincident with the initial installation of service or at any tie subsequent to the initial installation of service. B. For all other changes, including the addition of, or modifications to, optional featues without separate nonrecurring charges, a charge equal to one half the Switched Transport nonrecurring (i.e. installation) charge wil apply. When an optional featue is not required on each transmission path, but rather for an entire transmission path group, an end offce or an access tandem switch, only one such charge wil apply. 3.8.6 Service Reargements A. Service rearangements are changes to existing services which do not result in either a change in the minimum period requirements or a change in the physical location of the point of termination at the Customer's premises or the Customer's End User's premises. Changes, which result in the establishment of new minimum period obligations, are treated as disconnects and star. B. The charge to the Customer for the service rearangement is dependent on whether the change is administrative only in nature or involves an actual physical change to the service. C. Administrative changes wil be made without charge(s) to the Customer. Such changes require the continued provision and biling of the Access Service to the same entity or change in jurisdiction. Issued: October 17,2011 Effective: e eSpectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer INTRSTATE ACCESS SERVICES TARIF Idaho Tarff No. 2 Orginal Page 54 SECTION 4 - RATES AND CHARGES 4.1 Common Line Access Service 4.1.1 Carier Common Line A. B. Originating Per Minute $0.021533 $0.015303 Northern Idaho Southern Idaho 4.2 Tandem Connect Access 4.2.1 Tandem Switched Transport Mileage Band Over 0 to 8 Over 8 to 25 Over 25 to 50 Over 50 Per Minute $0.000431 $0.000480 $0.000490 $0.000551 4.2.2 Tandem Switching A. Nortern Idaho B. Southern Idado 4.2.3 Common Transport Multiplexing A. Nortern Idaho B. Southern Idado 4.2.4 Shared End Offce Port A. Nortern Idaho B. Southern Idado Terminating Per Minute $0.029265 $0.020432 Per Minute, Per Mile $0.000022 $0.000023 $0.000023 $0.000024 Per Minute $0.004000 $0.002469 Per Minute $0.000000 $0.000242 Per Minute $0.000000 $0.000499 Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Origial Page 55 INTRASTATE ACCESS SERVICES TARIF SECTION 4 - RATES AND CHARGES (CONT'D.) 4.3 End Offce Switching 4.3.1 Local Switching A. B. Northern Idaho Southern Idado Per Minute $0.014308 $0.016918 4.4 Toll-Free 8XX Data Base Access Service Per Query $0.0075 4.5 Switched Access Optional Featues Optional Features are provided on an Individual Case Basis as Special Service Argements puruant to Section 5 of this tariff. 4.6 Service Order Charges Service Order Charges are non-recurrg charges to recover the administrtive costs associated with initiating Access Service. 4.6.1. Service Implementation A.Access Order Charge, per Access Request $ 60.00 B.Installation Charge, per Truk $115.00 4.6.2 Service Date Change, per Access Order $ 25.00 4.6.3 Design Change/Parial Cancellation Charge, per Access Order $ 50.00 Issued: October 17, 201 i Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arale, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 56 INTRSTATE ACCESS SERVICES INORMTIONAL TARIF SECTION 5 - SPECIAL CONTRACTS, ARRNGEMENTS, AND CONSTRUCTION 5. i Special Contract Arrangements At the option of the Company, services may be offered on a contract basis to meet specialized pricing requirements of the Customer not contemplated by this Tariff. The terms of each contract shall be mutually agreed upon between the Customer and Company and may include discounts off of rates contained herein and waiver of recurrng, nonrecurrg, or usage charges. The terms of the contract may be based parially or completely on the term and volume commitment, tye of access arangement, mixtre of services, or other distinguishing features. Service shall be available to all similarly situated Customers for a fixed period of time following the initial offerig to the fit contrct Customer as specified in each individual contract. 5.2 Special Service Arangements 5.2.1 If a Customer's requirements canot be met by services included in this Tarff, or pricing for a service is shown in this Tariff as ICB, the Company wil provide, where practical and at its sole discretion, special service arangements at charges to be determined on an Individual Case Basis. These special service arangements wil be provided if the provision of such arangements is not detrental to any other services furnished under the Company's Tarffs. 5.2.2 Special service arangement rates are subject to revision depending on changing costs or operating conditions. 5.2.3 If and when a special service arangement becomes a generically taed offering, the taed rate or rates wil apply from the date of Tarff approval. 5.3 Non-Routine Installation Charges At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hour or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company wil apply. If installation is stared 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 or night hours, additional charges may apply. Issued: October 17, 2011 Effective: Spectrotel, Inc. d//a OneTouch Communications d//a Touch Base Communications 3535 State Highway 66, Suite 7 Neptue, NJ 07753 Issued By: Ross Arle, Chief Operating Offcer e e Idaho Tarff No. 2 Orginal Page 57 INTRSTATE ACCESS SERVICES TARIF SECTION 5 - SPECIAL CONTRCTS, ARRNGEMENTS, AND CONSTRUCTION, (CONT'D) 5.4 Special Constrction Charges 5.41 General A. Special constrction charges may apply for services provided to the Customer by the Company. Special constrction includes but is not limited to that constrction underten: (1) where facilties are not presently available, and there is no other requirement for the facilties so constrcted; (2) of a tye other than that which the Company would normally utilze in the furnishing of its services; (3) over a route other than that which the Company would normally utilize in the furnishing of its services; (4) in a quantity greater than that which the Company would normally constrct; (5) on an expedited basis; (6) on a temporar basis until permanent facilties are available; (7) involving abnormal costs; (8) in advance of its normal constrction; or (9) when the Company fuishes a facilty or service for which a rate or charge is not specified in the Company's Tariff. B. Where the Company fuishes a facilty or service requiring special constrction, charges wil be determined by the Company and may include: (l) non-recurg charges; (2) recurring charges; (3) usage charges; (4) termination liabilties; or (5) a combinations thereof. C. Rates and charges for special constrction shall be determined and presented to the Customer for its approval prior to the star of constrction. No constrction wil commence until and unless the Customer accepts in writing the rates and charges as presented by the Company. Issued: October 17, 2011 Effective: