20120829Proposed Tariffs.pdf

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IJU Tt F_S COMMISStO TI
August 28, 2012
Grace Seaman - / Utilities Analyst
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Dear Ms. Seaman:
Please find the attached original and two copies of our proposed tariff for local exchange
and interexchange telecommunications services filed in association with our Application
for a Certificate of Public Convenience and Necessity to provide telecommunications
services in the State of Idaho. Our Application was filed with the Commission on April
18,2012.
Please contact us at the address below if you have questions. We will appreciate your
immediate attention to this matter.
Sincerely,
Tony D. Cash
General Counsel
1500 Trotters Cove
Atlanta, Georgia 30338
Tel. [phone]
Fax. [phone]
[e-mail]
www.365wireless.net
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Title Page 1
TITLE PAGE
LOCAL AND INTEREXCHANGE
TELECOMMUNICATIONS SERVICES TARIFF
365 WIRELESS, LLC
This tariff ("Tariff') contains the descriptions, regulations, and rates applicable to the
provision of resold and facilities-based local exchange and interexchange
telecommunications services within the State of Idaho provided by 365 Wireless, LLC
("Company"). This Tariff is on file with the Idaho Public Utilities Commission (the
"Commission"), and copies may be inspected during normal business hours at Company's
principal place of business, 1500 Trotters Cove, Atlanta, GA 30338.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 2
LIST OF CHANGES MADE BY THIS SUPPLEMENT
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 3
CHECK PAGE
The Title Page and remaining pages of this Tariff are effective as of the date shown at the
bottom of the respective page(s). Revised pages as named below contain all changes from
the original filing that are in effect on the date listed.
PAGE REVISION PAGE REVISION
1 Original 27 Original
2 Original 28 Original
3 Original 29 Original
4 Original 30 Original
5 Original 31 Original
6 Original 32 Original
7 Original 33 Original
8 Original 34 Original
9 Original 35 Original
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 51 Original
26 Original 52 Original
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 4
TABLE OF CONTENTS
DESCRIPTION PAGE NUMBER
TitlePage ................................................................................................................................................... 1
List of Changes Made by this Supplement .................................................................................... 2
CheckPage ................................................................................................................................................. 3
Tableof Contents .................................................................................................................................... 4
Explanationof Symbols ......................................................................................................................... 6
TariffFormat ............................................................................................................................................. 7
Applicationof Tariff ............................................................................................................................... 8
Section 1- Technical Terms and Abbreviations................................................................9
Section 2 - Rules and Regulations ........................................................................................... 14
2.1. Undertaking of Company ......................................................................................................... 14
2.2. Customer's Use of Service ........................................................................................................ 15
2.3. Application for Service .............................................................................................................. 17
2.4. Deposits ........................................................................................................................................... 18
2.5. Credit ................................................................................................................................................ 20
2.6. Provision and Maintenance of Service ............................................................................... 23
2.7. Minimum Service Period .......................................................................................................... 25
2.8. Customer Responsibilities ....................................................................................................... 26
2.9. Payments and Billing ................................................................................................................. 28
2.10. Taxes ............................................................................................................................................... 31
2.11. Allowances for Interruption of Service ........................................................................... 31
2.12. Cancellation or Modification of Service by Customer ............................................... 32
2.13. Cancellation by Company ...................................................................................................... 33
2.14. Restoration of Service ............................................................................................................. 36
2.15. Limitation of Liability .............................................................................................................. 37
2.16. Notices ........................................................................................................................................... 42
2.17. Customer Provided Equipment and Interconnection ............................................... 43
2.18. Promotional Offerings ............................................................................................................ 45
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. O 365 Wireless, LLC Idaho Tariff No. 1
Original Page 5
TABLE OF CONTENTS; Continued
DESCRIPTION PAGE NUMBER
Section 3 - Description of Services ......................................................................................... 46
3.1. Application of Rates .................................................................................................................... 46
3.2. 365's Telecommunications Services ................................................................................... 47
Section4- Rates and Charges .................................................................................................... 49
4.1. Service Charges ............................................................................................................................ 49
4.2. Time Periods .................................................................................................................................. 51
4.3. Discounts for Hearing Impaired Customers .................................................................... 52
44 Individual Case Basis Arrangements 52
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 6
EXPLANATION OF SYMBOLS
(I) To signify a increase in rates.
(D) To signify a decrease in rates.
(C) To signify any other changes.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 7
TARIFF FORMAT
A.Page Numbering - Page numbers appear in the upper right corner of the Page.
Pages are numbered sequentially. However, occasionally, when a new Page is added
between Pages already in effect, a decimal is added. For example, a new Page added
between Pages 14 and 15 would be 14.1.
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
with the Commission. For example, the 4th revised Page 14 cancels the 3rd Revised Page
14. Because of various suspension periods, deferrals, etc. the Commission follows in its
tariff approval process, the most current Page number on file with the Commission is not
always the Page in effect. Consult the Check Page for the Page currently in effect.
C.Paragraph Numbering Sequence - There are nine levels of paragraph coding.
Each level of code is subservient to its next higher level:
2.
2.1.
2.1.1
2.1.1.A.
2.1.1.A.1.
2.1.1.A.1.(a).
2.1.1.A.1.(a),I.
2.1 .1.A.1.(a),I.(i).
2.1.1 I.A. 1 .(a),I.(i).(1).
D.Check Page - When a tariff filing is made with the Commission, an updated Check
Page accompanies the tariff filing. The Check Page lists the Pages contained in the tariff
with a cross-reference to the current revision number. When new Pages are added, the
Check Page is changed to reflect the revision. All revisions made in a given filing are
designated by an asterisk (*). There will be no other symbols used on this Page if these
are the only changes made to it (i.e., the format, etc., remains the same, just revised
revision levels on some Pages). The tariff user should refer to the latest Check Page to
find if a particular Page is the most current on file with the Commission.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S
365 Wireless, LLC Idaho Tariff No. 1
Original Page 8
APPLICATION OF TARIFF
A.This Tariff contains the descriptions, regulations and rates applicable to the
furnishing of local exchange and intraLATA and interLATA Toll Services to
Business Customers only within the State of Idaho by 365 Wireless, LLC.
B.This Tariff is in concurrence with all applicable State and Federal laws. Any
provisions contained in this Tariff that are inconsistent with the foregoing
mentioned will be deemed inoperative and superseded. The rates, rules, terms
and conditions contained herein are subject to change pursuant to the rules and
regulations of the Commission.
C.The rates and regulations contained in this Tariff apply to the local exchange
and interexchange telecommunications Services furnished by Company and do
not apply, unless otherwise specified, to the lines, facilities, or the services
provided by a Local Exchange Carrier or other common Carrier for use in
accessing the Services of Company. This Tariff does not cover any information
service or other unregulated service offered by Company. Company will offer
any information or other unregulated service in accordance with Company's
current price list or contract, whichever applies to the particular customer.
D.Company may not be deemed to have waived or impaired any right, power,
requirement or option reserved by this Tariff (including, but not limited to, the
right to demand exact compliance with every term and condition herein), by
virtue of any custom or practice of Company at variance with the terms hereof,
or any failure, refusal or neglect of Company to exercise any right under this
Tariff or to insist upon exact compliance with its terms, or any waiver,
forbearance, delay, failure or omission by Company to exercise any right,
power or option hereunder.
E.This Tariff will be maintained and made available for inspection by any
Customer at Company's principal business office at 1500 Trotters Cove,
Atlanta, GA 30338.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 9
SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS
Certain terms used generally throughout this Tariff for Services of Company are defined
below.
Authorized User:
A person, firm, corporation or other entity that either is authorized by the Customer to
use Service or is placed in a position by the Customer, either through acts or omissions,
to use Service.
Business Service:
A Service that conforms to one or more of the following criteria:
A.the Service is primarily for paid commercial, professional or institutional
activity; or
B.the Service is situated in a commercial, professional or institutional location,
or other location serving primarily or substantially as a site of an activity for
pay; or
C.the Service number is listed as the principal or only number for a business in
any telecommunications directory; or
D.the Service is used to conduct promotions, solicitations, or market research
for which compensation or reimbursement is paid or provided. However, such
use of Service, without compensation or reimbursement, for a charitable or
civic purpose will not constitute business use of Service unless other criteria
apply.
Called Station: The terminating point of a call (i.e., the called number).
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 10
SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS, Continued
Carrier:
A company authorized by the Public Utilities Commission of Idaho to provide
telecommunications services.
Channel:
A communications path between two or more points of termination.
Collect Call:
A billing arrangement where a call is billed to the Called Station.
Commission:
The Public Utilities Commission of Idaho.
Company:
365 Wireless, LLC ("365")
Customer:
The person, firm, corporation or other entity which orders or uses Service and is
responsible for payment of charges and compliance with tariff regulation.
Customer Premises:
A location(s) designated by the Customer for the purposes of connecting to
Company's Services.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 11
SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS, Continued
Disconnect or
Disconnection:
The termination of a circuit connection between the Originating Station and the
Called Station or Company's operator.
Facility:
Includes, in the aggregate or otherwise, but is not limited to, the following:
channels apparatus
equipment communications paths
lines devices
accessories systems
which are provided by Company and utilized by it in the furnishing of
telecommunications Services or which are provided by a Customer and used for
telecommunications purposes.
Force Majeure:
Causes beyond Company's control, including but not limited to: acts of God, fire,
flood explosion or other catastrophes; any law, order, regulation, direction, action
or request of the State's Government, or of any other government, including state
and local governments having or claiming jurisdiction over Company, or of any
department, agency, Commission, bureau, corporation, or other instrumentality of
any one or more of these federal, state, or local governments, or of any civil or
military authority; national emergencies; insurrection, riots, wars, unavailability
of rights-of- way or materials; or strikes, lock-outs, work stoppages, fraudulent
acts of a third party, or other labor difficulties.
Holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day, or any day which is a legally observed federal government
holiday.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 12
SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS, Continued
LATA:
Local Access and Transport Area ("LATA"). A geographic area established for
the provision and administration of communications service. A LATA
encompasses designated exchanges, which are grouped to serve common social,
economic and other purposes.
Local Exchange Carrier:
:A company which furnishes local exchange telecommunications service.
Person-to-Person: i
A call for which the person originating the call specifies to the operator a
particular person, department or extension to be reached.
Premises:
A building or buildings or contiguous property, not separated by a public highway
or right-of-way.
Business Service:
A service which does not meet the definition of a Residential Service and conforms
to the following criteria:
A.the use of the Service is not primarily and substantially of a social or domestic
nature; and
B.the Service is not located in a residence, or in the case of a combined business
and residential Premises, the service is located in the business section of the
Premises.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
365 Wireless, LLC Idaho Tariff No. 1
Original Page 13
SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS, Continued
Service(s)
The intrastate telecommunications Services that Company offers pursuant to this
Tariff.
Station:
Each telephone on a line where no telephone number associated with the line is
provided on the same Premises and in the same building; the first termination in
station key equipment or a jack for use with a portable telephone.
Station-to-Station:
Any operator handled call where the person originating the call does not specify a
particular person to be reached, or a particular station, room number, department, or
office to be reached through a PBX attendant.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 14
SECTION 2- RULES AND REGULATIONS
2.1. UNDERTAKING OF COMPANY
2.1.1. Company undertakes to provide Services to Business Customers only subject
to the terms and conditions of this Tariff.
2.1.2. Company's Local Exchange Services are furnished for telecommunications
originating and/or terminating in any area within the State of Idaho.
2.1.3. Company offers Services to Business Customers for the transmission and
reception of voice, data, and other types of communications.
2.1.4. Company does not transmit messages pursuant to this Tariff, but its Services
may be used for that purpose.
2.1.5. Company's Services are provided on a monthly basis unless otherwise
provided, and are available twenty-four (24) hours per day, seven (7) days per
week.
2.1.6. Company may, at Company's sole discretion, elect to employ third parties to
perform any of its obligations under this Tariff.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S
.
365 Wireless, LLC Idaho Tariff No. 1
Original Page 15
SECTION 2- RULES AND REGULATIONS, Continued
2.2. CUSTOMER'S USE OF SERVICE
2.2.1. Service may be used for any lawful purpose consistent with this Tariff and with
the transmission and switching parameters of the telecommunications facilities
utilized in the provision of Services.
2.2.2. Equipment Company provides or installs at the Customer's Premises for use in
connection with the Services Company offers may not be used for any other
purpose other than for which Company provided it. Customer may not, and may
not permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise
interfere with any of the Services or equipment installed by Company or
Company's agent, except upon the consent of Company.
2.2.3. The Services Company offers may not be used for any unlawful purpose or for
any use as to which the Customer has not obtained all governmental approvals,
authorizations, licenses, consents and permits required to be obtained by
Customer with respect thereto.
2.2.4. Service may not be used for any purpose for which the Customer receives any
payment or other compensation, except when the Customer is a duly authorized
and regulated common carrier, receives any payment or other compensation. This
provision does not prohibit an arrangement between the Customer or Authorized
User to share the cost of Service.
2.2.5. Service may not be used in any manner, which interferes with other persons in the
use of their Service, prevents other persons from using their Service, otherwise
impairs the quality of Service to other Customers, or impairs the privacy of any
communications over any Service provided by Company. Company may require a
Customer to shut down its transmission of signals if said transmission is causing
interference to others.
2.2.6. Service may not be used in any manner so as to annoy, abuse, threaten, or harass
other persons.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. S 365 Wireless, LLC Idaho Tariff No. 1
Original Page 16
SECTION 2- RULES AND REGULATIONS, Continued
2.2. CUSTOMER'S USE OF SERVICE, Continued
2.2.7 The use of Company's Services either without payment for Service or attempting
to avoid payment for Service by fraudulent means or devices, schemes, false or
invalid numbers, or false calling or credit cards is prohibited.
2.2.8. The Customer obtains no property right or interest in the use of any specific type
of Facility, Service, equipment, telephone number, process or code. All rights,
titles and interests remain, at all times, solely with Company.
2.2.9. Customer's use of any resold service obtained from other service providers is also
subject to any applicable restrictions in the underlying provider's publicly
available tariffs.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 17
SECTION 2- RULES AND REGULATIONS, Continued
2.3. APPLICATION FOR SERVICE
2.3.1. A Customer desiring to obtain Service must complete the appropriate service
order form and submit the service order in compliance with Company
subscription requirements as may be established from time to time.
2.3.2 The name(s) of the Customer(s) desiring to use the Service must be set forth in
the application for Service.
2.3.3. Customer who is indebted to Company for Service previously rendered pursuant
to this Tariff may be refused further Service until the indebtedness is satisfied.
Company may also refuse an application when, in Company's sole discretion,j
provision of Service is precluded under Section 2.6 below.
2.3.4. Request for Service under this Tariff will authorize Company to conduct a credit
search on the Customer. Company reserves the right to refuse Service on the basis
of credit history and to refuse further Service due to late payment or nonpayment
by the Customer.
2.3.5. Where the Customer cancels an application for Service, a cancellation charge will
apply as specified in the Cancellation or Modification of Service by Customer
Section of this Tariff.
2.3.6. Company may require an applicant for Service, who intends to use Company's
offerings for resale and/or for shared use, to file a letter with Company confirming
that the applicant's use of Company's offerings complies with relevant laws and
Commission regulations, policies, orders, and decisions.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
365 Wireless, LLC Idaho Tariff No. 1
Original Page 18
SECTION 2- RULES AND REGULATIONS, Continued
2.4. DEPOSITS
2.4.1. Company does not require or accept deposits or advance payments from
customers
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
365 Wireless, LLC i Idaho Tariff No. 1
Original Page 19
SECTION 2- RULES AND REGULATIONS, Continued
CREDIT 2.5.
2.5.1. Company, in order to ensure payment of its charges for Service or for loss of or
damage to Company property, will require Applicants and Customers to establish
and maintain credit. The establishment or re-establishment of credit as provided in
this Section does not relieve an applicant or Customer from compliance with other
provisions of this Tariff as to the payment of bills and in no way modifies the
Sections regarding disconnection and termination of Service for failure to pay
bills due for Service furnished.
2.5.2. Company may require any applicant or Customer to establish and maintain credit
in one of the following ways:
A.Demonstrating credit satisfactory to Company by providing information
pertinent to the applicant's or Customer's credit standing; or
B.Providing a suitable guarantee in writing, in a form presubscribed by
Company; or
Company may determine, in its sole discretion, whether or not a particular reference or
guarantee in writing would be acceptable as a substitute for demonstrating satisfactory
credit.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
S . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 20
SECTION 2- RULES AND REGULATIONS, Continued
2.5. CREDIT, Continued
2.5.3. Company will extend credit to an applicant for new Service if the applicant has
verifiable previous or existing telephone service with any telephone company in
the State for at least twelve (12) months, and the payment record is made
available and the account history is satisfactory. The payment record of an
account will be deemed satisfactory if all the following are met:
A.The previous or existing service was not discontinued for nonpayment, and
was not abandoned, within the past twelve (12) months; and
B.The applicant has not been sent denial notices for previous or existing service
within the past twelve (12) months; and
C.The applicant has paid for all previous and existing service without referral to
a collection agency and without a declaration of uncollectibility; and
D.The applicant provides accurate credit information as appropriate.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 21
SECTION 2- RULES AND REGULATIONS, Continued
2.5. CREDIT, Continued
2.5.5. Customer credit information may be exchanged between telecommunications
companies and other utilities. Customer credit information will be retained for two
(2) years, unless otherwise required by the Commission.
2.5.6. If an applicant for Service is unable to provide satisfactory credit information,
Company may refuse to provide Service.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S •
365 Wireless, LLC Idaho Tariff No. 1
Original Page 22
SECTION 2- RULES AND REGULATIONS, Continued
2.6. PROVISION AND MAINTENANCE OF SERVICE
2.6.1. Company will use reasonable efforts to make Service available to Customers on or
before a particular date, subject to the provisions and compliance by the Customer
within the provisions of this Tariff. The lack of facilities or other operational
impediments, including regulatory approvals, may preclude or delay provision of
Service (a) in a particular location or to a particular Customer and/or (b) at any
promised performance level. Actual transmission speeds and service characteristics
of a Service may vary from those expected by the Customer due to such factors as
the length and gauge of the line and other operational characteristics of the
equipment and facilities used.
2.6.2. At the request of the Customer, installation or maintenance may be performed
outside of 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 by Company will apply. If installation or maintenance is started during
regular business hours, but at the Customer's request, extends beyond regular
business hours into time periods including, but not limited to, weekends, Holidays,
and/or night hours, additional charges may apply.
2.6.3. Company will have control over the installation, rearrangement, repair,
maintenance, and disconnection of all network elements owned or otherwise
obtained to ensure the required level of Service. Company may substitute, change
or rearrange any equipment or Facility at any time and from time to time, but will
not thereby alter the technical parameters of the Service provided to the Customer.
2.6.4. Company will use reasonable efforts to maintain the Service that it furnishes to the
Customer. Company may make such tests, adjustments and inspections as may be
necessary to maintain Company's Services and equipment in satisfactory operating
condition. When possible, Company may, in its sole discretion, provide the
Customer with reasonable notice of Service-affecting activities that may occur in
the normal operation of Company business.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
.
365 Wireless, LLC Idaho Tariff No. 1
Original Page 23
SECTION 2- RULES AND REGULATIONS, Continued
2.6. PROVISION AND MAINTENANCE OF SERVICE, continued
2.6.5. Company may, upon reasonable notice, make such tests and inspections as may be
necessary to determine whether the terms and conditions of this Tariff are being
complied with in the installation, operation or maintenance of the Customer's or
Company's facilities or equipment. If the protective requirements of Customer-
provided equipment are not being complied with, Company may take such action as
it deems necessary to protect its Services, equipment and personnel. Company will
notify the Customer promptly if there is any need for further corrective action.
Within ten (10) days of receiving this notice, the Customer must take such action. If
the Customer fails to do this, Company may take whatever additional action is
deemed necessary, including the suspension of Service to protect its Services,
equipment and personnel from harm.
2.6.6. Service will continue to be provided until cancelled by the Customer on not less
than thirty (30) days notice.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 24
SECTION 2- RULES AND REGULATIONS, Continued
2.7. MINIMUM SERVICE PERIOD
2.7.1. The minimum Service period is one month (30 days). The Customer must pay the
regular tariffed rate for Service for the minimum period of Service If a Customer
disconnects Service before the end of the minimum Service period, that Customer
must pay the regular rates for the remainder of the minimum Service period. When
the Service is moved within the same building, to another building on the same
Premises, or to a different Premises entirely, the period of Service at each location
is accumulated to calculate if the Customer has met the minimum Service period
obligation.
2.7.2. If Service is terminated before the end of the minimum period of Service as a result
of condemnation of property, damage to property requiring the Premises to be
abandoned, or by the death of the Customer, the Customer is not obligated to pay
for Service for the remainder of the minimum period.
2.7.3. If Service is transferred to a new Customer at the same Premises during the first
month of Service, the new Customer assumes responsibility to meet the remainder
of the minimum Service period requirements. For Services not taken over by the
new Customer, the original Customer is responsible for the remaining payment for
the minimum Service period obligation in accordance with the terms under which
the Service was originally furnished.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S S
365 Wireless, LLC Idaho Tariff No. 1
Original Page 25
SECTION 2- RULES AND REGULATIONS, Continued
2.8. CUSTOMER RESPONSIBILITIES
2.8.1. The Customer is responsible for the payment of all charges for Service furnished to
the Customer and for all additional charges for calls the Customer elects to continue
making.
2.8.2. The Customer is responsible for compliance with applicable regulations set forth in
this Tariff.
2.8.3. Upon Company request, the Customer must verify the name(s) of Authorized Users
allowed to request and use the Customer's Service.
2.8.4. Customer will return to Company within five (5) days of termination of Service all
Company-provided equipment. All returned equipment must be in the same
condition as when delivered to the Customer by Company. Upon demand,
Customer will reimburse Company for any costs incurred by Company due to
Customer's failure to comply with this Section.
2.8.5. Customer is responsible for the payment of any bills for Services and for the
resolution of any disputes or discrepancies with Company. Company has no
responsibility with respect to billings, charges or disputes related to services used
by Customer which are not included in Services herein including, without
limitation, any local, regional and long distance services not provided by Company.
2.8.6. The Customer is responsible for establishing identity as often as is necessary
during the course of the call or when seeking credits from Company.
2.8.7. The Customer must make arrangements or obtain permission for safe, reasonable
and continuous access and right-of-way for Company employees or agents of
Company to enter the Premises of the Customer or any Authorized User of the
Customer at any reasonable hour for the purpose of performing Company's
obligations under this Tariff.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 26
SECTION 2- RULES AND REGULATIONS, Continued
2.8. CUSTOMER RESPONSIBILITIES
2.8.8. The Customer is responsible for the payment of (a) Service charges as set forth
herein and (b) charges for visits by Company's agents or employees to the Premises
of the Customer or Authorized User when the Service difficulty or trouble report
results from the use of Services and equipment by the Customer or Authorized
User.
2.8.9. Customer will, at Customer's expense, provide reasonable space, power, and level
of heating and air conditioning, and otherwise maintain the proper environment to
operate Company's Service at Customer's or Authorized User's Premises.
2.8.1O.The Customer may not, without prior written consent of Company, which consent
shall not be unreasonably withheld, assign, transfer, or in any other manner
dispose of, any of its rights, privileges, or obligations under this Tariff, and any
attempt to make such an assignment, transfer, disposition without consent will be
null and void.
2.8.11. A Customer or Authorized User may not represent in any way that the
relationship between Customer or Authorized User and Company is anything
other than one of customer and supplier, respectively. Nothing in this Tariff gives
Customer or Authorized Users any authority to bind or otherwise incur liability on
behalf of Company. Nothing in this Tariff constitutes an endorsement by
Company of any activity, service or product of Customer or Authorized Users.
2.8.1 2.The Customer is responsible for any damages, including usage charges that the
Customer may incur as a result of the unauthorized use of its communications
equipment. The unauthorized use of the Customer's communications equipment
includes, but is not limited to, the placement of calls from the Customer's Premises
and the placement of calls through Customer-controlled or Customer-provisioned
equipment that are transmitted or carried over Company's network without the
authorization of the Customer.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 27
SECTION 2- RULES AND REGULATIONS, Continued
2.9. PAYMENTS AND BILLING
2.9. 1. Service is provided and recurring Service charges billed on a monthly (30 day)
basis. The billing date is dependent on the billing cycle assigned to the Customer.
2.9.2. Non-recurring charges and charges based on actual usage are billed monthly in
arrears.
2.9.3. The Company will comply with the provisions of the Commission's rules
regarding billing content and format.
2.9.4. Billing is payable upon receipt and past due thirty (30) days after issuance and
posting of invoice. Business Customers' Bills not paid within thirty-one days after
the date of posting are subject to a 1.5 percent late payment charge for the unpaid
balance.
2.9.5.A Customer will not be liable for any late payment charge applicable to a disputed
portion of that Customer's bill, so long as the Customer pays the undisputed portion
of the bill and enters into bona fide negotiations to resolve the dispute on a timely
basis, pursuant to Section 2.9.10.
2.9.6. Checks presented in payment for Services and subsequently returned to Company
by the Customer's financial institution for "Non-Sufficient Funds" or other reasons
will incur a nonrecurring charge of $20.00 per Customer per check.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 28
SECTION 2- RULES AND REGULATIONS, Continued
2.9. PAYMENTS AND BILLING, Continued
2.9.7. A Customer will be placed on a "cash only" basis upon receipt of two (2) returned
checks within a twelve (12)-month period of time. "Cash only" is herein defined as
cashier's checks, U.S currency, or money orders.
2.9.8. Receipt of a subsequently dishonored negotiable instrument in response to a notice
of discontinuance will not constitute payment of a Customer's account, and
Company will not be required to issue additional notice prior to discontinuance.
However, three (3) banking days must be allowed for redemption of such
instrument.
2.9.9. Billing disputes should be addressed to Company's customer service organization
via telephone to 888-820-4544.
Customer service representatives are available from 9:00 AM to 6:00 PM Eastern
Time at 888-820-4544. Messages may be left for the Customer Service Department
Eastern Time from 6:01 PM to 8:59 AM, which will be answered on the next
business day.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 29
SECTION 2- RULES AND REGULATIONS, Continued
2.9. PAYMENTS AND BILLING, Continued
2.9.10. In the case of a dispute between the Customer and the Company for
service furnished to the Customer, which cannot be settled with mutual
satisfaction, the Customer can take the following course of action:
A.First, the customer may request, and the Company will perform, an in-depth
review of the disputed amount. The undisputed portion and subsequent bills
must be paid on a timely basis or the service may be subject to disconnection.
B.Second, if there is still disagreement over the disputed amount after the
investigation and review by a manager of the Company, the Customer may
appeal to the Public Utilities Commission of Idaho for its investigation and
decision.
C.The contact information of the Commission is:
Idaho Public Utilities Commission
[phone] or 1-800-432-0369
P. 0. Box 83720
Boise, Idaho 83720-0074
FAX: [phone].
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 30
SECTION 2- RULES AND REGULATIONS, Continued
2.10. TAXES
Customer must pay, without limitation, all sales, use, gross receipts, excise, access,
bypass, and other local, state and federal taxes, charges, fees, and surcharges, however
designated, imposed on or based upon the provision, sale or use of the Services
(excluding taxes on Company's net income). Such taxes may be separately stated on the
applicable invoice.
2.11. ALLOWANCES FOR INTERRUPTION OF SERVICE
2.11.1 .For the purpose of applying this provision, the word "interruption" means the
inability to access Service due to equipment malfunction or human errors.
"Interruption" does not include, and no allowance will be given for, Service
difficulties such as slow access, circuits busy or other network and/or switching
capacity shortages.
2.11.2. Credit allowances will be given in accordance to this Section 2.11. for
interruptions of Service which are not due to Company's testing or adjusting, to
the negligence of the Customer, or to the failure of Channels, equipment and/or
communications equipment provided by the Customer or another Carrier, and are
subject to the general limitation of liability provisions set forth in Section 2.1 5.
herein. Customer must notify Company of any interruptions of Service. Before
giving such notice, the Customer must ascertain that the trouble is not caused by
any action or omission of the Customer, and not otherwise within the Customer's
control.
2.11.3. For purposes of computing a credit under Section 2.11. every month is considered
to have 30 days. No credit will be allowed for an interruption of a continuous
duration of less than twenty-four (24) hours. Company will credit the Customer
for an interruption of twenty-four (24) hours or more at the following rates:
1)One-thirtieth of monthly rate of each of the first three full 24-hour periods;
and
2)Two-thirtieths of monthly rate for each full 24-hour period beyond the first
three 24 hour periods.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
. S 365 Wireless, LLC Idaho Tariff No. 1
Original Page 31
SECTION 2 - RULES AND REGULATIONS, Continued
2.12. CANCELLATION OR MODIFICATION OF SERVICE BY CUSTOMER:
2.12.1. Business Customers may cancel Service by providing written notice to Company
at least thirty (30) days prior to cancellation. The notice must specify the date on
which Service is to be discontinued.
2.12.2. The Customer remains responsible for all Service charges until the day and time
on which Service is actually disconnected.
2.12.3. If Customer cancels Service before Company completes installation of the
Service and at the time of cancellation Company has incurred any expense in
installing Services or preparing to install Service that it would not otherwise have
incurred, a charge equal to the cost Company incurred will apply. In no case will
this charge exceed the charge for the minimum period of Services ordered,
including installation charges and Non-Recurring charges and all amounts others
may charge Company that would have been chargeable to the Customer had
Service been initiated.
2.12.4 If the Customer cancels Service after Companyhas completed installation, the
charge set forth in Section 2.12.4. will apply to the extent Company has not yet
recovered the costs described in Section 2.12.4. In addition, the minimum Service
period obligations described in Section 2.7. will apply regardless of whether
Service has been initiated and the charges due under Section 4.1. apply.
2.12.5. In the case of a Customer-initiated modification of Service, charges for the
subsequent order are in addition to the costs incurred before the Customer
changed the original order.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. . 365 Wireless, LLC Idaho Tariff No. 1
Original Page 32
SECTION 2- RULES AND REGULATIONS, Continued
2.13. CANCELLATION BY COMPANY
2.13.1. Company may immediately discontinue furnishing the Service to Business
Customers without incurring liability:
A.If there is a condition determined in Company's sole discretion to be hazardous to
the Customer, to other Customers of Company, to Company's equipment, to the
public or to employees or agents of Company; or
B.If Company deems refusal or disconnection necessary to protect itself or third
parties against fraud or to otherwise protect its personnel, agents, facilities or
Services; or
C.For non-compliance with and/or violation of any State or municipal law,
ordinance or regulation pertaining to Service; or
D.For use of Company's Services for any purpose other than that described in the
application; or
E.In the event of Customer use of equipment in such a manner as to adversely
affect Company's equipment or the Service to others; or
F.In the event of tampering with the equipment furnished and owned by Company;
or
G.In the event of unauthorized or fraudulent use of Service.
2.13.2. Company may immediately discontinue furnishing the Service to Customers
without incurring liability if there is a condition determined in Company's sole
discretion to be hazardous to the Customer, to other Customers of Company, to
Company's equipment, to the public or to employees or agents of Company. At
the time service is discontinued, the Company will mail a notice to the Customer's
billing address.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
• 365 Wireless, LLC Idaho Tariff No. 1
Original Page 33
SECTION 2- RULES AND REGULATIONS, Continued
2.13. CANCELLATION BY COMPANY, Continued
2.13.3. Company may discontinue Business Service without liability upon five (5) days
written notice to the Customer via first-class mail prior to discontinuance of
Service:
A.For violation of this Tariff, except as provided in Section 2.13.1., including
without limitation, non-payment of bills for Service, or failure to meet
Company's credit requirements; or
B.For failure of the Customer to make proper application for Service including,
without limitation, the provision of false information; or
C.When necessary for Company to comply with any order or request of any
governmental authority having jurisdiction.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
365 Wireless, LLC Idaho Tariff No. 1
Original Page 34
SECTION 2 -RULES AND REGULATIONS, Continued
2.13. CANCELLATION BY COMPANY, Continued
2.13.6. The discontinuance of Service(s) by Company pursuant to this section does not
relieve the Customer of any obligations to pay Company for charges due and
owing for Service(s) furnished up to the time of discontinuance. The remedies set
forth herein are not exclusive, and Company is at all times be entitled to all the
rights available to it under law or equity.
2.13.7. Company may refuse to permit Collect Calling, calling card, third number billing
which it determines to be fraudulent and/or may limit the use of these billing
options or Services.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 35
SECTION 2- RULES AND REGULATIONS, Continued
2.14. RESTORATION OF SERVICE
2.14.1. The use and restoration of Service in emergencies may be in accordance with
federal rules and regulations which specifies the priority system for such
activities.
2.14.2. When a Customer's Service has been disconnected in accordance with this Tariff
and the Service has been terminated through the completion of a Company service
order, Service will be restored only upon the basis of application for new Service.
2.14.3. A Customer whose Service has been discontinued for failure to establish credit or
for nonpayment of bills will be required to pay the unpaid balance due Company
before Service is restored.
2.14.4. Whenever Service has been discontinued for fraudulent or other unlawful use,
Company may, before restoring Service, require the Customer to make, at its own
expense, all changes in facilities or equipment necessary to eliminate such
fraudulent or otherwise unlawful uses and to pay an amount reasonably estimated
as the loss in revenues resulting from such fraudulent use.
2.14.5. Any Customer whose Service has been disconnected may be required to pay
Service reconnection charges equal to the initial Service Connection Charge
before Service is restored.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 36
SECTION 2- RULES AND REGULATIONS, Continued
2.15. LIMITATION OF LIABILITY
2.15.1. Company will not be liable to the Customer or Authorized User for, and the
Customer and any Authorized User, jointly and severally, will indemnify, defend
and hold harmless Company from any allegation, claim, loss, damage, liability,
defect, cost or expense resulting from or involving:
A.Libel, slander, or invasion of privacy from material, data, information or other
content transmitted over Company's facilities; or
B.Patent or trademark infringement or other infringement of intellectual property
rights including, but not limited to, copyrights, trademarks, and trade secrets,
arising from (1) combining (or using in connection with) Company-provided
Services and equipment with any facilities, services functions, or products
provided by the Customer or Authorized User or (2) use of Services, functions, or
products which Company furnished in a manner Company did not contemplate
and over which Company exercises no control. In the event that any such
infringing use is enjoined, the Customer or Authorized User at its expense, will
obtain immediately a dismissal or stay of such injunction, obtain a license or other
agreement so as to extinguish the claim in infringement, terminate the claimed
infringing use, or modify such combination so as to avoid any such infringement;
or
C.A breach in the privacy or security of communications transmitted over
Company's facilities; or
D.Acts, mistakes, omission, interruptions delays, errors or defects in transmission
over Company's facilities or equipment, as more fully discussed in Section
2.15.2; or
E.Injuries to persons or property from voltages or currents transmitted over
Company-provided facilities caused by Customer-provided equipment or
Premises wire; or
F.The disconnection of Service for failure to pay the charges billed to Customer,
including but not limited to, any direct, indirect, incidental, special consequential,
exemplary or punitive damages, so long as such disconnection of Service
complied with the applicable rules and regulations; or
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 37
SECTION 2- RULES AND REGULATIONS, Continued
2.15. LIMITATION OF LIABILITY, Continued
2.15.1. Continued
G.Violations of the obligations of the Customer under this Tariff; or
H.Defacement of or damage to Customer Premises, facilities or equipment resulting
from the furnishing of Service or equipment on such Premises or the installation,
maintenance, repair or removal thereof, unless such defacement or damage is
caused by willful misconduct of Company's agents or employees; or
I.The interruption of a call to any party or any other person in conjunction with use
of the Busy Line Verification and Interrupt Service as set forth in this Tariff; or
J.Any loss, destruction or damage to property of the Customer, the Customer's
agent, distributors, or any third party, or the death of or injury to persons,
including, but not limited to, employees or invitees of either Company or the
Customer, to the extent caused by or resulting from the negligent or intentional
act or omission of Company, Customer, Authorized User or their employees,
agents representatives or invitees; or
K.Any delay or failure of performance or equipment due to a Force Majeure
condition, as more fully discussed in Section 2.15.2., or any unlawful acts of
Company's agents and employees if committed beyond the scope of their agency
or employment.
L.Misrepresentation of, or the failure to disclose, the lawful rates and charges
published in the Tariff, so long as Company has complied with any applicable
rules and regulation related thereto; or
M.Fees Company delivered to a jurisdiction in question and not returned to
Company as provided in the Taxes Section of this Tariff; or
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
.

.
365 Wireless, LLC Idaho Tariff No. 1
Original Page 38
SECTION 2- RULES AND REGULATIONS, Continued
2.15. LIMITATION OF LIABILITY, Continued
2.15.1. Continued
N. Any act, mistake, omission fraudulent act of a third party, interruption, delay
error, or defect caused by or contributed to by:
1.Another company or Carrier, or its agents or employees, when the
facilities or equipment of the other company of Carrier are used for or
with the Service Company offers. This included the provision of a
signaling system or other database by another company; or
2.The Customer, or any third party acting as its agent, in connection with
Company-provided or Customer-provided facilities or equipment,
including, but not limited, the Customer's failure to take all necessary
steps to obtain, install and maintain all necessary equipment, materials
and supplies for interconnecting the terminal equipment or
communications system of the Customer to Company's network; or
3.A third party.
0. Any failures, errors malfunctions or omissions of Caller ID Blocking
whether or not arising from or relating to any ordinary negligence or
other conduct by Company; or
P. Any unauthorized use of the Service provided to Customer.
2.15.2. The liability of Company for damages arising out of the furnishing of, or
failing to furnish, its Services, including but not limited to mistakes, omission,
disconnections, interruptions, delays, acts of a third party, errors, defects, or
representations, whether caused by acts or omissions shall be limited to the
lesser of $500.00 or, in the event of a failure of service, an amount equal to no
more than the proportionate charge (based on the rates then in effect) for the
service during the time in which service is affected. The provisions for
allowances for interruption as set forth in Section 2.11 of this Tariff are the
sole remedy of the Customer, authorized user, or joint user and the sole
liability of Company.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 39
SECTION 2- RULES AND REGULATIONS, Continued
2.15. LIMITATION OF LIABILITY, Continued
2.15.3. Company will not be liable for any direct, indirect, incidental, special,
consequential, exemplary or punitive damages to Customer as a result of any
Company Service, equipment or facilities, or a the acts or omissions, acts of a
third party, or the acts or omissions or negligence of Company, its employees or
agents.
2.15.4. The liability of Company's suppliers and vendors for damages arising out of the
furnishing of, or failing to furnish, their services, including but not limited to
mistakes, omissions, interruptions, delays, errors, defects, or representations,
whether caused by acts or omissions of such suppliers and vendors shall be
limited to the extension of allowances for interruptions as set for in this Tariff.
The extension of such allowances for interruptions will be the sole remedy of the
Customer and the sole liability of Company's supplier and vendors. Company's
suppliers and vendors will not be liable for any direct, indirect, incidental, special,
consequential, exemplary or punitive damages to Customer, as a result of any
service, equipment or facilities, or the act of omissions, or negligence of
Company's suppliers and vendors, its employees or agents.
2.15.5. The entire liability of Company for any claim, loss, damage or expense from any
cause whatsoever will in no event exceed sums actually paid to Company by the
Customer for the specific Services giving rise to the claim, and no action or
proceeding against Company may be commenced more than one (1) year after the
Service is rendered.
2.15.6. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. COMPANY MAKES NO
WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE OR MEET ANY PARTICULAR
PERFORMANCE LEVEL; NOR DOES COMPANY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
THROUGH THE SERVICES OR THAT ANY DEFECT IN THE SERVICE
WILL BE CORRECTED.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
365 Wireless, LLC Idaho Tariff No. 1
Original Page 40
SECTION 2- RULES AND REGULATIONS, Continued
2.15. LIMITATION OF LIABILITY, Continued
2.15.7. The liability of Company for errors in billing that result in overpayment by the
Customer will be limited to a credit equal to the dollar amount erroneously billed
or, in the even that payment has been made and Service has been discontinued, to
a refund of the amount erroneously billed.
2.15.8.Company will not be liable for any refusals or failures to provide or delays in
commencing Service to any Customer pursuant to Section 2.6.1 or for any failure
to provide or maintain Service at any particular performance level.
2.15.9. Company makes no warranty or representation of any kind whatsoever with
respect to installations it provides for use in an explosive atmosphere. The
Customer indemnifies and holds Company harmless from any and all loss, claims,
demands, suits, or other action, or any liability whatsoever, whether suffered,
made, instituted, or asserted by any entity or person(s), and for any loss, damage,
or destruction of any property, whether owned by the Customer or others, caused
or claimed to have been caused directly or indirectly by the installation, operation,
failure to operate, maintenance, removal, presence, condition, location, or use of
any installation so provided. Company reserves the right to require each Customer
to sign an agreement acknowledging acceptance of the provisions of this Section
as a condition precedent to such installations.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 41
SECTION 2- RULES AND REGULATIONS, Continued
2.16. NOTICES
Any notice Company may give to a Customer will be deemed properly given when
delivered, if delivered in person, or when deposited with the U.S. Postal Service,
postage prepaid, addressed to the Customer's billing address. Any notice the
Customer may give Company will be deemed properly given when delivered, if
delivered in person, or when deposited with the U.S. Postal Service, postage
prepaid, addressed to Company at the address provided in the most recently revised
tariff pages.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 42
SECTION 2- RULES AND REGULATIONS, Continued
2.17. CUSTOMER PROVIDED EQUIPMENT AND INTERCONNECTION
2.17.1. Customer-provided equipment on the Premises of Customer or Authorized User,
the operating personnel there, and the electric power consumed by such equipment
must be provided by and maintained at the expense of the Customer or Authorized
User. Conformance of Customer-provided equipment with Part 68 of the FCC
Rules is the responsibility of Customer.
2.17.2. Customer or Authorized User must ensure that Customer-provided equipment
connected to Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and currents
impressed on Company-provided equipment and wiring by the connection,
operation, or maintenance of such equipment and wiring must be such as not to
cause damage to Company-provided equipment and wiring or injury to
Company's employees or to other persons. Any additional protective equipment
required to prevent such damage or injury may be provided by Company at
Customer's expense.
2.17.3. Company will not be responsible for the installation, operation or maintenance of
any Customer-provided communications equipment. Where Customer-provided
equipment is connected to the facilities and equipment furnished under this Tariff,
the responsibility of Company will be limited to the furnishing of Service,
facilities and equipment offered pursuant to this Tariff. Beyond this responsibility,
Company will 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 when performed by Customer-provided network
control signaling equipment.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 43
SECTION 2- RULES AND REGULATIONS, Continued
2.17. CUSTOMER PROVIDED EQUIPMENT AND INTERCONNECTION,
Continued
2.17.4. The Customer must secure all licenses, permits, rights-of-way and other
arrangements necessary for interconnection with Company. In addition, the
Customer must ensure that its equipment and/or system or that of its Authorized
User or agent(s) is properly interfaced with Company's Service and the signals
emitted into Company s network are of the proper mode, bandwidth, power, data
speed and signal level for the intended use of the Customer. If the Customer or its
Authorized User or agent(s) fails to properly maintain and operate its equipment
and/or system, Company may, upon written request, require the use of protective
equipment at the Customer's expense.
2.17.5. Interconnection between the facilities or services of other carriers is governed by
the applicable terms and conditions of the other carriers' tariffs.
2.17.6. Service furnished by Company may be interconnected with services or facilities
of other authorized carriers and with private systems, subject to the technical
limitations established by Company. Any special interface of equipment or
facilities necessary to achieve compatibility between the facilities of Company
and other participating carriers must be provided at the Customer's expense.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 44
SECTION 2- RULES AND REGULATIONS, Continued
2.18. PROMOTIONAL OFFERINGS
Company may, from time to time, make promotional offerings of its Services, which may
include waiving or reducing the applicable charges for the promoted Service. The
promotional offerings may be limited as to the duration, the date and times of the
offerings and the locations where the offerings are made.
All promotional offerings will be filed with the Commission for tariff approval.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S I
365 Wireless, LLC Idaho Tariff No. 1
Original Page 45
SECTION 3- DESCRIPTION OF SERVICE
3.1. APPLICATION OF RATES
3.1.1. Timing of Calls
A.The Customer's usage charge is based on the actual usage of Company's
Service. Usage begins when the receiver of the called number is answered.
The moment of the called party's answer and termination is determined by
hardware supervision in which the distant local telephone company sends or
ends a supervision signal to Company's switch or the software utilizing audio
tone detection. The timing of the call occurs when the called party answers
and terminated when either party hangs up.
B.Unless otherwise stated in this Tariff, the minimum call duration for billing
purposes is thirty-seconds with six-second billing increments thereafter.
C.Any portion of an applicable increment, after the appropriate minimum time
for the call, will be rounded upward to the next increment Calls less than the
minimum length will be rounded to the minimum length.
D.There is no billing for incomplete calls
3.1.2. Service Areas
A.Local Exchange Service is offered in the State of Idaho within the territory of
Qwest Corporation.
B.Unless otherwise specified in this Tariff, Company's Interexchange Service
area is statewide.
C.Company's description of service area in no way compels Company to
provide any Service in an area where facilities or other extenuating factors
limit Company's ability to provide Service.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 46
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.2. 365's TELECOMMUNICATIONS SERVICES
3.2.1 Business Local Exchange Service - Where technically and economically feasible,
the Company offers local exchange telecommunications services to Business
Customers which provides the Customer with basic business access lines allowing
connectivity to the local service network. The Customer's total monthly use of the
Company's service is charged at the applicable rates, in addition to any monthly
service charges. Company provides Business Local Exchange Service on a
measured rate basis. Calls are billed in one (1) minute increments and partial-
minute calls are rounded up to the next minute. A one (1) minute initial billing
minimum is applicable on each call, unless otherwise specified in this Tariff.
3.2.2. Directory Assistance (DA) is provided by 365's underlying Carrier to subscribers
of record. The Customer may access the underlying Carrier's Directory Assistance
by dialing the area code plus 555-1212. The Customer will be billed for such
service by 365.
3.2.3. Operator Assisted Calling Services - 365 provides operator assisted calling as an
ancillary service exclusively to its subscribers. Operator assisted calling services
are provided to subscribers by the Company's underlying Carrier at the underlying
Carrier's rates, terms and conditions, pursuant to underlying Carrier intrastate
tariffs on file with the Commission. The Company does not offer alternative
operator services to the transient public.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
S .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 47
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.2.4. 911 Service - 911 is the three-digit telephone number designated throughout the
United States as the emergency telephone number to be used by the public to obtain
law enforcement, medical, fire, rescue, and other emergency services.
Where offered, the Service shall include a 911 Emergency System, including but
not limited to Enhanced 911 services, pursuant to applicable federal,
Idaho, and local laws and regulations. This system will provide use of
the exchange network at no charge to the caller on a per call basis. Any calls
from a pay telephone shall not require a coin to be deposited or payment of any
charge for 911 calls. Company shall also provide the ability to transfer calls from
a Public Safety Answering Point (PSAP) to the proper Emergency Response
Agency (ERA), as required.
3.3. INTEREXCHANGE SERVICE OFFERINGS - Where technically and
economically feasible, the Company offers interexchange telecommunications
services to business Customers pursuant to contractual arrangements. The
Customer's total monthly use of the Company's service is charged at the applicable
rates, in addition to any monthly service charges. Calls are billed in six (6) second
increments. A thirty (30) second initial billing minimum is applicable on each call,
unless otherwise specified in this Tariff.
3.3.1. 365 1+ Service offers users outbound 1 plus long distance telecommunications
services. The service offers direct dial capabilities of other underlying Carrier(s)
network services.
3.3.2. 365 Toll Fee (800) Service offers users inbound, toll free long distance
telecommunications services. The service offers direct dial capabilities of other
underlying Carrier(s 1) network services.
Issued: Effective:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 48
SECTION 4- RATES AND CHARGES
4.1 BUSINESS LOCAL EXCHANGE SERVICE CHARGES
Product Non-Recurring Charge, Monthly Recurring
per line Charge, per line
Business Local
Exchange Service, $ 50.00 $ 80.00
Measured Rate
Service Cancellation $100.00
Charge
Service Date Change $ 26.50
Charge
4.1.2 Local Calling Charges for Measured Rate Service
Each Minute: $.05
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. .
365 Wireless, LLC Idaho Tariff No. 1
Original Page 49
SECTION 4- RATES AND CHARGES, continued
4.2. INTEREXCHANGE SERVICE CHARGES
4.2.1 365 1+ Service (Outbound)
DAYTIME EVENING NIGHT
Initial
30 Sec.
Add'!
6 Sec.
Initial
30 Sec.
Add'!
6 Sec.
Initial
30 Sec.
Add'!
6 Sec.
IntraLATA $0.0750 $0.0150 $0.0750 $0.0150 $0.0750 $0.0150
InterLATA $0.0750 $0.0150 1$0.0750 $0.0150 $0.0750 $0.0150
4.2.3. 365 To!! Free Service (Inbound)
DAYTIME EVENING NIGHT
Initial
30 Sec.
Add'!
6 Sec.
Initial
30 Sec.
Add'!
6 Sec.
Initial
30 Sec.
Add'!
6 Sec.
IntraLATA $0.0750 $0.0150 1 $0.0750 $0.0150 $0.0750 $0.0150
InterLATA 1 $0.0750 $0.0150 $0.0750 $0.0150 1 $0.0750 1 $0.0150
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
. S
365 Wireless, LLC Idaho Tariff No. 1
Original Page 50
SECTION 4- RATES AND CHARGES, Continued
4.3. TIME PERIODS
The application periods for the service are:
Mon Tue Wed Thur Fri Sat Sun
8:00 AM
to Day Day Day Day Day Eve Eve
4:59 PM
5:00 PM
to Eve Eve Eve Eve Eve Eve Eve
10:59
PM
11:00
PM Night Night Night Night Night Night Night
to
7:59 AM
Night Rate applies to selected holidays (New Year's Day, July 4, Labor Day,
Thanksgiving and Christmas). On these holidays the Night Rate applies all day, unless a
lower rate would normally apply.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective:
t.
C
.
365 Wireless, LLC Idaho Tariff No. 1
Original Page 51
SECTION 4- RATES AND CHARGES, Continued
4.4. DISCOUNTS FOR HEARING IMPAIRED CUSTOMERS
A telephone toll message which is communicated using a telecommunications
device for the deaf (TDD) by properly certified hearing or speech impaired persons
or properly certified business establishments or individuals equipped with TDDs
for communicating with hearing or speech impaired persons will receive, upon
request, credit or charges for certain intrastate toll calls placed between TDDs. The
credit to be given on a subsequent bill for such calls will be equal to applying the
evening rate during business day hours and the night/weekend rate during the
evening rate period. Discounts do not apply to surcharges or per-call add-on
charges for service that would normally incur the surcharge.
4.5. INDIVIDUAL CASE BASIS (ICB) ARRANGEMENTS
Rates for Individual Case Basis (ICB) arrangements will be developed on a case-
by-case basis in response to a bona fide request from a Customer or prospective
Customer for services which vary from tariffed arrangements. Rates quoted in
response to such requests may be different than those specified for such service in
this tariff. ICB rates will be offered to Customers in writing and will be made
available to similarly situated Customers.
Issued:
Tony D. Cash, General Counsel
365 Wireless, LLC
1500 Trotters Cove
Atlanta, GA 30338
Effective: