20081117Proposed Tariff.pdf

TIf -- -r -OB -ò (
RECEIVED
20l8NOV l 4 PH 2: 21
IDAHO PUBUC
UTIUTIES COMM!SSION
EXHIBIT .6
Proposed Price List
TIME WARNER CABLE INFORMATION SERVICES (IDAHO), LLC'S APPLICATION FOR
CERTIFICATE OF PUBLIC NECESSITY AND CONVENIENCE
-9-
Time Warner Cable Information Serices
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Servce
Original Page 1
SCHEDULE OF GENERA REGULATIONS APPLICABLE TO LOCAL AND
INTEREXCHANGE SERVICE
TIME WARER CABLE INFORMATION SERVICES (IDAHO), LLC
D/B/A TIME WARER CABLE
IDAHO PUBLIC UTILITIES COMMISSION NO.1
This Tarff contains the descriptions, regulations, and rates applicable to the fuishing of
services and facilities for Local and Interexchange Service provided by Time Warer Cable
Information Services (Idaho), LLC, d//a Time Warer Cable, with principal offices at 290
Harbor Drive, Stamford, CT 06902, and a toll free customer contact number for Idaho Customers
of(866) 625-5007. The Commission contact for the Company is Julie P. Laine, whose contact
information is contained in the footer on each page of this Tarff. This Tariff applies to services
fuished within Idaho. This Tarff is on file with the Idaho Public Utilities Commission and
copies may be inspected, during normal business hours, at the Company's principal place of
business.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ?twcablc.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Servce
Orginal Page 2
CHECK SHEET
Pages of this rate sheet, as indicated below, are effective as of the date shown at the bottom of
the respective page(s). Original and revised pages, as named below, comprise all changes from
the original rate sheet and are currently in effect as of the date on the bottom of this page.
SHEET REVISION SHEET REVISION
All Sheets Original
Advice Letter No. 08-01Issue Date: _,2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secreta
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Servce
Original Page 3
TABLE OF CONTENTS
Title Sheet.. ..... ...... ... ...... .................. .... .... ....... ........... .... ................. ........ ........ .... ...........................1
Check Sheet .. ................. ...... ............................... ... ......................... ...............................................2
Table of Contents ....... .... ... ....................... ........... ..... ........................................... ................. ..........3
Application of Tarff... ...... ... ...... ... ...... ......... ... ... ... ........................... ... .... ..........5
Symbols Sheet. ...... ..... .... ..................................... ..... ................................. ....................... ........ .... ..5
Tarff Format............................................. .....................................................................................6
Section 1 - Definitions and Abbreviations .................................................................................... 7
Section 1.1 - Explanation of Abbreviations and Acronyms........ ......................................7
Section 1.2 - Definitions of Terms ...............................................................................~....8
Section 2 - Rules and Regulations ........... ..... .... .......................................... .................................1 0
Section 2.1 - Undertaking of the Company ... .................................................. ................1 0
Section 2.2 - Limitations on Liability .............................................................................12
Section 2.3 - Liability of the Company ...........................................................................18
Section 2.4 - Service Availability........ ................... ...................................... ..................19
Section 2.5 - Obligations ofthe Customer .... ....................... ......................... ..... .............21
Section 2.6 - Customer Equipment and Channels...........................................................24
Section 2.7 - Interrption of Service .......... .................... ................. ................................26
Section 2.8 - Payment Arangements ...................... ................................. .... ...................28
Section 2.9 - Advance Payments .... ... ...................................................................... ........31
Section 2.10 - Taxes and Other Charges .... .................. .......................... ........ ..... ............31
Section 2.11 - Backbilling ........................ ....................... ........................... .....................31
Section 2.12 - Termination for Cause Other than Nonpayment.....................................32
Section 2.13 - Use of Customer's Service by Others......................................................35
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Servce
Original Page 4
Section 2.14 - Cancellation of Service ............................................................................35
Section 2.15 - Notices and Communications ..................................................................36
Section 2.16 - Special Construction and Special Arangements.....................................37
Section 2.17 - Individual Case Basis Arangements .......................................................37
Section 2.18 - (INTENTIONALLY LEFT BLAN) .....................................................37
Section 2.19 - 911 Emergency Telephone Service .........................................................38
Section 3 - Service Description...................................................................................................39
Section 3.1 - Trial Services .............................................................................................39
Section 3.2 ~ High Capacity Transmission Services .......................................................39
Section 4 _ Rates........... ......... ...................... ........ ........ ................................................................40
Section 4.1 - Rates............~..............................................................................................40
Section 4.2 - Promotional Offerings ...............................................................................41
Section 4.3 - Employee Rates .........................................................................................41
Advice Letter No. 08~01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Serces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:iulie.laincQ).twcable.com
Time Warner Cable Information Serices
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Servce
Orginal Page 5
APPLICATION OF TARFF
Time Warer Cable Information Services (Idaho), LLC (hereinafter "The Company") has been
authorized by the Idaho Public Utilities Commission (the "Commission" or "Idaho PUC" or "ID
PUC") to provide competitive local and interexchange services.
This tarff sets forth the service offerings, rates, terms and conditions applicable to the fuishing
of local and interexchange service to Customers within all telephone exchanges contained in the
State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules
and regulations ofthe Idaho PUc.
SYMBOLS SHEET
The following symbols shall be used in this Tariff for the purose indicated below:
C - To signify changed rate, term or condition.
D - To signfy decreased rate.
I - To signfy increased rate.
M - To signify a move in the location oftext.
N - To signify new rate, term or condition.
o - To signify omissions.
R To signify reduced rate.
S Indicated Reissued Material
T - To signify a change in text but no change in rate, term or condition.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laineQ)twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Serce
Orginal Page 6
TARIFF FORMAT
A. Page Numbering - Page numbers appear in the upper right comer ofthe page. Pages are
numbered sequentially. However, new pages are occasionally added to the Tariff. When
a new page is added between pages already in effect, a decimal is added. For example, a
new page added between pages 14 and 15 would be 14.1.
B. Page Revision Numbers - Revision numbers also appear in the upper right comer of
each page. These numbers are used to determine the most curent page version on fie
with the ID PUC. For example, the 4th revised Sheet 14 cancels the 3rd Revised Page
14. Because of varous suspension periods, deferrals, etc., that the ID PUC follows in its
tarff approval process, the most curent page number on fie with the Commission is not
always the tarff page in effect. Consult the Check Sheet for the page curently in effect.
C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each
level of coding is subservient to its next higher level:
2.
2.1.
2.1.1.
2. 1. LA.
2. 1. LA. 1.
2.1.1.A.1.(a).
2.1.1.A.1.(a).1.
2.1.1.A.1.(a)..(i).
2.1.1.A.1.(a).1.(i).(1 ).
D. Check Sheets - When a tarff filing is made with the ID PUC, an updated check sheet
accompanes the tarff filing. The check sheet lists the pages contained in the Tariff, with
a cross reference to the curent revision number. When new pages are added, the check
sheet is changed to reflect the revision. All revisions made in a given fiing are
designated by the symbols given on the symbols sheet. There wil be no other symbols
used on this page if these are the only changes made to it (i.e., the format remains the
same, just revised revision levels on some pages). The Tarff user should refer to the
latest check sheet to find out if a paricular page is the most current on file with the ID
PUC.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Orginal Page 7
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
1.1 EXPLANATION OF ABBREVIATIONS AND ACRONYMS
Cont'd - Continued
IXC - Interexchange Carrer
ICO - Independent Company
ICE - Independent Company Exchange
ID PUC - Idaho Public Utilities Commssion
LATA - Local Access and Transport Area
LEC - Local Exchange Company
MTS - Message Telecommuncation Service
NP A - Numbering Plan Area
PIC - Primar Interexchange Carer
TDD - Telephone Device for the Deaf
TRS - Telecommunications Relay Service
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laincQ)twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serice
Orginal Page 8
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, CONT'D
1.2 DEFINITIONS OF TERMS
Commission, Idaho PUC or ID PUC - Idaho Public Utilities Commission
Company - Refers to Time Warer Cable Information Services (Idaho), LLC d//a Time
Warer Cable.
Completed - A call which the Company's network has determined has been answered by
a person, answering machine, fax machine, computer modem device, or other mechanical
answering device.
Customer - The person or other entity which orders Service and is responsible for
payment of charges due in compliance with the Company's Tarffregulations. This term
also includes an End User and a User as those terms are defined below and a person who
was a Customer of the Company within the past 30 days and who requests Service at the
same or different location. For puroses of this Tarff, "Customer" shall refer to local,
county, state or federal entities, and those persons or entities whose use of service is or is
represented to be primarly or substantially of a professional, business, institutional,
occupational or commercial nature and who subscribe, from the Company or some other
entity, to more than four access lines or to a service or services with a capacity for
providing in the aggregate at least 256 DSO equivalents for the transmission of voice
and! or data.
Customer-Provided Equipment ("CPE") - Equipment provided by the Customer for use
with the Company's Service. CPE can include a station set, facsimile machine, key
system, PBX, or other information, communication or power system.
End User - Any Customer, User or other person or entity that is not a carer, except that
a carier (other than a telephone company) shall be deemed to be an "End User" when
such carier uses the Company's Service for administrative puroses.
Nonrecurrng Charge - A one-time charge made under certain conditions to recover all or
a portion of the cost of installing facilities or providing Service.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secreta
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laincQ).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Original Page 9
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, CONT'D
Recurrng Charge - The monthly charge to the Customer for Service, facilities and
equipment, which continue for the agreed upon duration of the Service.
Service - Any Telecommunications Service(s) provided by the Company under this
Tariff.
Termination of Service - Discontinuance of both incoming and outgoing Service.
User - A Customer, End User or any other person authorized by a Customer to use
Service provided under this Tarff.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Serices (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Original Page 10
SECTION 2 - RULES AND REGULATIONS
2.1 UNDERTAKING OF THE COMPANY
2.1.1 Regulatory Compliance
The Company wil comply with all applicable billing and termination rules of the
Commission, as set forth in the Idaho Public Utilities Commission's Telephone
Customer Relations Rules.
2.1.2 Application of Tariff
A. This Tarff sets forth terms and conditions applicable to the fushing of
Local and Interexchange Service described herein offered by the Company
within Idaho. Service is fuished for the use of End Users within Idaho.
B. When Service and facilities are provided in par by the Company and in
par by other companies, the regulations of the Company apply only to
that portion ofthe Service or facilities fushed by it.
C. When Service and facilities provided by the Company are used to obtain
access to the regulated or unegulated services provided by another
company, or are used by another company as par ofthe regulated or
unregulated services offered by that company, the regulations ofthe
Company apply only to the use ofthe Company's Service and facilities.
D. This Tariff applies only for the use of the Company's Service withn
Idaho. Ths includes the use of the Company's network within Idaho.
E. The provision of Local Service described herein is subject to the terms and
conditions specified in this Tarff and may be revised, added to, or
supplemented by superseding issues.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: , 2008
Issued By: Julie P. Laîne, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Service
Original Page 1 1
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.1 UNDERTAKING OF THE COMPANY, CONT'D
2.1.2 Application of Tariff, Cont'd
F. The provision of Service by the Company as set forth in this Tarff does
not constitute a joint undertaking with the Customer for the fuishing of
any Service.
2.1.3 Shortage of Equipment or Facilties
A. The furnishing of Service under this Tariff is subject to the availability on
a continuing basis of all the necessar facilities and technical capabilities
and is limited to the capacity of the Company's facilities as well as
facilities the Company may obtain from carrers to furnish Service from
time to time as required at the sole discretion of the Company.
B. The Company shall not be required to furish, or continue to fush,
facilities or Service where the circumstances are such that the proposed
use of the facilities or Service would tend to adversely affect the
Company's plant, propert or Service.
2.1.4 Terms and Conditions
A. In furnishing facilities and Service, the Company does not undertake to
transmit messages, but fuishes the use of its facilities to Customers for
information services or communcations.
B. Service may be provided on the basis of a minimum period of at least one
month, 24 hours per day. For the purose of computing charges in this
Tarff, a month is considered to have 30 days. All calculations of dates set
forth in this Tarff shall be based on calendar days, unless otherwse
specified herein. The Customer must pay the regular tarffed rate for the
Service it subscribes to for any minimum period of service. If a Customer
disconnects Service before the end of any minimum service period, that
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laine((twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Service
Original Page 12
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.1 UNDERTAKING OF THE COMPANY, CONT'D
2.14 Terms and Conditions, Cont'd
B. Contd
Customer is responsible for paying the regular rates for the remainder of
the minimum service period.
C. Customers may be required to enter into wrtten service orders which shall
contain or reference a specific description of the Service ordered, the rates
to be charged, the duration of the Servce, and the terms and conditions in
this Tarff. Customers also wil be required to execute any other
documents reasonably requested by the Company.
D. The Company reserves the right to refuse an application for Service made
by a present or former Customer who is indebted to the Company for
Service previously rendered until the debt is satisfied.
E. This Tarff shall be interpreted and governed by the laws ofIdaho.
2.2 LIMITATIONS ON LIABILITY
2.2.1 Indemnifcation and Limits on Liabilty
A. Except where the Commission, for good cause shown, determines
otherwise, the Customer and any authorized or joint users, jointly and
severally, shall indemnify, defend and hold harless the Company and the
Company shall not be liable for any claims, loss, damage or expenses
(including attorneys' fees and cour costs) involving:
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Serices (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.1aine(á1twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Serice
Original Page 13
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnifcation and Limits on Liabilty, Cont'd
A. Contd
1. Any act or omission of: (a) the Customer; (b) any other entity
furnishing service, equipment or facilities for use in conjunction
with the Service or facilities provided by the Company; or (c)
common carers, warehousemen or middle men;
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, earhquakes, hurcanes, storms, or other
natural catastrophes; pole hits; explosions; national emergencies,
insurections, riots, wars or other civil commotions; strkes,
lockouts, work stoppages or other labor difficulties; criminal
actions taken against the Company; unavailability, failure or
malfunction of equipment or facilities provided by the Customer or
thrd paries, including rights-of-way and materials; and any law,
order, regulation, direction, request, or other action of any
governing authority or agency thereof;
3. Any unlawfl or unauthorized use of the Company's facilities and
Service or the use of the Company's facilties and!or Service in
violation ofthis Tarff;
4. Libel, slander, invasion of privacy or infrngement of patents, trade
secrets, or copyrghts arising from or in connection with the
transmission of communcations or information by means of
Company-provided facilties or Service, or by means of the
combination of Company-provided facilities or Service with
Customer-provided facilities or services;
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julic.laineCitwcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. i
Local and Interexchange Serce
Orginal Page 14
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnifcation and Limits on Liabilty, Cont'd
A. Cont'd
5. Any infrngement, breach or invasion of the right of privacy of any
person or persons, caused or claimed to have been caused, directly
or indirectly, by the installation, operation, failure to operate,
maintenance, removal, presence, condition, occasion or use of
emergency 911 service features and the equipment associated
therewith, or by any services fushed by the Company, including,
but not limited to, the identification of the telephone number,
address or name associated with the telephone used by the pary or
paries accessing emergency 911 service, and which arse out of
the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or
agents of anyone of them.
6. Changes in any of the facilities, operations or procedures ofthe
Company that render any equipment, facilities or services provided
by the Customer obsolete, or require modification or alteration of
such equipment, facilities 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 liability is limited as set fort in this Section 2.2;
7. Defacement of or damage to Customer premises resulting from the
fuishing of Service or equipment on such premises or the
installation or removal thereof;
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: . [phone]
Email: julie.laincCitwcable.com
Time Warner Cable Information Serices
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Servce
Orginal Page 15
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnification and Limits on Liabilty, Cont'd
A. Contd
8. Injury to property or injury or death to persons, including claims
for payments made under Workers' Compensation law or under
any plan for employee disability or death benefits, arsing out of,
or caused by, any act or omission ofthe Customer, or the
construction, installation, maintenance, presence, use orreroval of
the Customer's facilities or equipment connected, or to be
connected, to the Company's facilities;
9. Any intentional, wrongful act of a Company employee when such
act is not withn the scope of the employee's responsibilities for
the Company and!or is not authorized by the Company;
10. Any representations made by Company employees thatdo not
comport, or that are inconsistent, with the provisions of this Tarff;
11. Any act, omission or network condition resulting in the non-
availability of911, E911, or similar services for any reason
including, without limitation and by way of example only, due to
any failure of Service fuctionality or interrption of electrc
service to Customer's premises;
12. Any non-completion of calls due to network busy conditions or
network failures;
13. Any calls not actually attempted to be completed durng any period
that Service is unavailable;
14. Blockages by other providers of services on the public switched
network;
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julic.lainc((twcable.com
Time Warner Cable Information Serices
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Serce
Orginal Page 16
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnification and Limits on Liabilty, Contd
A. Cont'd
15. Any damage to CPE resulting from use ofthat system with the
Service; and,
16. Breach in the privacy or security of communications transmitted
over the Company's facilities.
B. The Company shall be indemnified, defended and held harless by the
Customer, End User or User from and against any and all claims, loss,
demands, suits, expense, or other action or any liability whatsoever,
including attorney fees, whether suffered, made, insinuated, or asserted by
the Customer or by any other pary, for any personal injur to or death of
any person or persons, and for any loss, damage or destrction of any
property, including environmental contamination, whether owned by the
Customer or by any other pary, caused or claimed to have been caused
directly or indirectly by the installation, operation, failure to operate,
maintenance, presence, condition, location, use, or removal of any
Company or Customer-provided equipment or facilities or Service
provided by the Company.
C. The Company does not guarantee nor make any waranty with respect to
Service installations at locations at which there is present an atmosphere
that is explosive, prone to fire, dangerous or otherwise unsuitable for such
installations.
D. The Company assumes no responsibility for the availability or
pedormance of any systems or related facilities under the control of other
entities, whether or not affiiated with the Company, or for other facilities
provided by other entities used for Service to the Customer, even if the
Company has acted as the Customer's agent in aranging for such facilities
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laincCC4twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Service
Original Page 17
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnification and Limits on Liabilty, Cont'd
D. Contd,
or services. Such facilities are provided subject to such degre'e of
protection or non-preemptibility as may be provided by the other entities.
E. Except as otherwise stated in this Tarff, any claim of whatever nature
against the Company shall be deemed conclusively to have been waived
unless presented in writing to the Company within thirty (30) days after
the date of the occurence that gave rise to the claim.
F. The Company is not liable for any errors and omissions in local
directories. In cases where a specific charge has been made for a directory
listing, the Company shall not be liable for any such error or omission
beyond the amount of such charge.
G. The Company makes no waranties or representations, express or implied
either in fact or by operation of law, statutory or otherwise, including
waranties of merchantability or fitness for a paricular use, except those
expressly set forth herein.
H. The Company wil not be liable for any charge incured when any long
distance (Toll Call) carrer or alternative operator service provider accepts
third-number biled or collect calls.
I. When the facilities of other companies are used in establishing a
connection, the Company is not liable for any act, error, omission, or
interrption caused by the other company or their agents or employees.
This includes the provision of a signaling system database by another
company.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Serce
Orginal Page 18
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.2 LIMITATIONS ON LIABILITY, CONT'D
2.2.1 Indemnification and Limits on Liabilty, Contd
J. THE INCLUDED EXCULPATORY LANGUAGE DOES NOT
CONSTITUTE A DETERMINATION BY THE COMMISSION THAT
A LIMITATION OF LIABILITY IMPOSED BY THE COMPAN
SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR
FILING BY THE COMMISSION RECOGNIZES THAT IT IS A
COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND
CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S
RESPONSIBILITY TO DETERMIN THE V ALIDITY OF THE
EXCULPATORY CLAUSE.
2.3 LIABILITY OF THE COMPAN
2.3.1 General
A. Except as otherwise stated in this Tariff, liability of the Company for
damages arising out of either (1) the fuishing of its Service, including,
but not limited to, mistakes, omissions, interrptions, delays, or errors, or
other defects, representations, or use of its Service, or (2) the failure to
fuish 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 forth in Section 2.7, following.
B. Except for the extension of allowances to the Customer for interrptions in
Service as set forth in Section 2.7, following, the Company shall not be
liable to a Customer or third pary 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, including the
inability to access emergency 911 services durng any such failure, or any
failure in or breakdown of facilities associated with the Service.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laine0).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Original Page 19
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.3 LIABILITY OF THE COMPANY, CONT'D
2.3.1 General, Cont'd
C. The liability ofthe Company for errors in biling that result in
overpayment by the Customer shall be limited to a credit equal to the
dollar amount erroneously billed or, in the event that payment has been
made and Service has been discontinued, to a refund of the amount
erroneously biled.
2.4 SERVICE AVAILABILITY
2.4.1 Notifcation of Service-Affecting Activities
The Company wil provide the Customer reasonable notification of Service-
affecting 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 maintenance. Generally,
such activities are not specific to an individual Customer but affect many
Customers' Service. 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 resulting from a loss of
power or damage to facilities or equipment, notification to the Customer may not
be possible.
2.4.2 Provision of Equipment and Facilties
A. The Company shall use reasonable efforts to make available Service to a
Customer on or before a paricular date, subject to the provisions of and
compliance by the Customer with the regulations contained in this Tarff.
The Company does not guarantee availability by any such date and shall
not be liable for any delays in commencing Service to any Customer.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warer Cable Information
Servces (Idaho), LLC
290 Harbor Drive
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.lainc(0twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Serce
Orginal Page 20
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.4 SERVICE AVAILABILITY, CONT'D
2.4.2 Notifcation of Service-Affecting Activities, Contd
B. The Company shall use reasonable efforts to maintain only the facilities
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 facilities or
equipment installed by the Company, except upon the wrtten consent of
the Company.
C. The Company may substitute, change or rearrange any equipment or
facility at any time and from time to time, but shall not thereby alter the
techncal parameters ofthe Service provided to the Customer.
D. Equipment the Company provides or installs at the Customer's premises
for use in connection with the Service the Company offers shall not be
used for any purpose other than that for which the Company provided it.
E. The Customer shall be responsible for the payment of Service charges as
set forth herein for visits by the Company's agents or employees to the
premises of the Customer or User when the Service difficulty or trouble
reported results from the use of equipment or facilities provided by any
pary other than the Company, including, but not limited to, the Customer
or User.
F. The Company shall not be responsible for the installation, operation, or
maintenance of any Customer- or User-provided communications
equipment. Where such equipment is connected to the facilities fuished
pursuant to this Tarff, the responsibility of the Company shall be limited
to the fuishing of facilities offered under this Tariff and to the
maintenance and operation of such facilities. Subject to this
responsibility, the Company shall not be responsible for:
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secreta
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laineQ-1twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Serice
Original Page 21
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.4 SERVICE AVAILABILITY, CONT'D
2.4.2 Notification of Service-Affecting Activities, Contd
1. the transmission of signals by CPE or for the quality of, or defects
in, such transmission; or
2. the reception of signals by CPE.
2.4.3 Ownership of Facilties
Title to all facilities provided in accordance with this Tariff remains in the
Company, its affiliates, agents or contractors.
2.5 OBLIGATIONS OF THE CUSTOMER
2.5.1 General
A. The Customer shall be responsible for:
1. The payment of all applicable charges pursuant to this Tarff;
2. Damage to or loss of the Company's facilities or equipment caused
by the acts or omissions ofthe Customer or of any User, or by the
noncompliance by the Customer or any User with these
regulations, or by fire or theft or other casualty on the Customer's
or any User's premises, unless caused by the negligence or willful
misconduct of the employees or agents of the Company;
3. Obtaining, maintaining, and otherwise having full responsibility
for all rights-of-way and conduit necessary for installation oflines,
facilities and associated equipment used to provide Service to the
Customer from the Customer's property line to the location of the
equipment space described above. Any and all costs associated
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laìneQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Serce
Orginal Page 22
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.5 SERVICE AVAILABILITY, CONT'D
2.5.1 General, Contd
A. Cont'd
3. Cont'd
with obtaining and maintaining the rights-of-way described herein,
including the costs of altering the structure to permit installation of
Company-provided facilities, 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;
4. Not creating or allowing to be placed any liens or other
encumbrances on the Company's equipment or facilities; and
5. Making the Company's facilities and equipment available
periodically for maintenance puroses at a time agreeable to both
the Company and the Customer. No allowance will be made for
the period durng which Service is interrpted for such purposes.
2.5.2 Prohibited Activities and Uses
A. The Service the Company offers shall not be used for any unlawful
purpose or for any use as to which the Customer or User has not obtained
all required governental approvals, authorizations, licenses, consents and
permits.
B. The Company may require a Customer or User immediately to shut down
its transmission of signals if said transmission is causing interference to
others.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Emaìl: julie.laine(ã),twcablc.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Servce
Original Page 23
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.5 OBLIGATIONS OF THE CUSTOMER, CONT'D
2.5.2 Prohibited Activities and Uses, Contd
C. A Customer or User may not assign, or transfer in any maner, the Service
or any rights associated with the Service without the wrtten consent of the
Company. The Company wil permit a Customer to transfer its existing
Service to another person or entity if the existing Customer has paid all
charges owed to the Company for Service provided pursuant to this Tarff.
Such a transfer wil be treated as a disconnection of existing Service and
installation of new Service.
2.5.3 C:laims
Notwithstanding Section 2.2 and 2.3 herein, with respect to any Service or facility
provided by the Company, the Customer shall indemnify, defend and hold
harless the Company from and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attorneys' fees and cour costs for:
A. Any loss, destrction or damage to property of the Company or any third
pary, or the death or injury to persons, including, but not limited to,
employees or invitees of either pary, to the extent caused by or resulting
from the negligent or intentional act or omission of the Customer or User
or either oftheir employees, agents, representatives or invitees; or
B. Any claim of any nature whatsoever brought by a User with respect to any
matter for which the Company would not be directly liable to the
Customer under the terms of this Tarff.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQltwcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Servce
Orginal Page 24
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.6 CUSTOMER EQUIPMENT AND CHANNELS
2.6.1 General
A Customer or User may transmit or receive information or signals via the
facilities of the Company. A Customer or User may transmit any form of signal
that is compatible with the Company's equipment, but, except as otherwse
specifically stated in this Tarff, the Company does not guarantee that its Service
will be suitable for purposes other than those described herein.
2.6.2 Station Equipment
A. Terminal equipment on the Customer's or User's premises and the electrc
power consumed by such equipment shall be provided by and maintained
at the expense of the Customer or User. The Customer or User is
responsible for the provision of wiring or cable to connect its terminal
equipment to the Company's point of connection.
B. The Customer or User is responsible for ensurng that CPE connected to
the Company equipment and facilities is compatible with such equipment
and facilities. All such CPE shall be registered by the Federal
Communications Commission pursuant to Par 68 of Title 47, Code of
Federal Regulations; and all Customer or User-provided wiring shall be
installed and maintained in compliance with those regulations. The
magnitude and character of the voltages and curents 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
damage to Company-provided equipment and wiring or injury to the
Company's employees or to other persons. Any additional protective
equipment required to prevent such damage or injur shall be provided by
the Company at the Customer's or User's expense.
C. The Company is not responsible for malfuctions of Customer-owned
telephone sets or other CPE, or for misdirected
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Serice
Orginal Page 25
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.6 CUSTOMER EQUIPMENT AND CHANNELS, CONT'D
2.6.2. General Contd
C. Cont'd
calls, disconnects or other Service problems caused by the use of CPE.
2.6.3 Interconnection of Facilties
A. Any special interface equipment necessar to achieve compatibility
between the facilities and equipment of the Company used for fuishing
communications Service and the chanels, facilities, or equipment of
others shall be provided at the Customer's or User's expense.
B. The Service may be connected to the services or facilities of other
communications carers only when authorized by, and in accordance
with, the terms and conditions ofthis Tarff and the tarff of the other
communications carers which are applicable to such connections.
C. Facilities fushed under this Tarff may be connected to CPE in
accordance with the provisions ofthis Tarff.
2.6.4 Inspections
If the protective requirements for CPE are not being complied with, the Company
may take such action as it deems necessar to protect its facilities, equipment and
personneL. The Company will notify the Customer or User promptly if there is
any need for further corrective action. Within ten (10) days of receiving this
notice, the Customer or User must take this corrective action and notify the
Company of the action taken. Ifthe Customer or User fails to do this, the
Company may take whatever additional action is deemed necessar, including the
suspension of Service, to protect its facilities, equipment and personnel fromhar.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julic.laineQ).twcable.com
Time Warner Cable Information Serces
(Idaho), LLC d/b/a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Servce
Original Page 26
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.7 INTERRUPTION OF SERVICE
2.7.1 General
A. Upon Customer request, the Company will credit a Customer's account
for Service interrptions that are not due to the Company's testing or
adjusting, failure of facilties or services of other companies relied upon
by Company to provide Service, negligence ofthe Customer or User, or to
the failure of channels, wiring, equipment, facilities or power provided by
the Customer or User. Before requesting a credit, the Customer will take
reasonable steps to verify that the trouble could not have been prevented
by the Customer and is not in the chanels, wiring, equipment, facilities or
power provided by the Customer or User. For purposes of computing a
credit, a month consists of 720 hours. The Company wil credit the
Customer's account at the rate of 1/720th of the monthly charge for each
full hour of any interrption. In addition, for Service interrptions greater
than eight (8) consecutive hours, the Company will credit the Customer's
account in an amount equal to the price of one month of Service.
B. No credit allowance wil be made for:
1. Interrptions due to the negligence of, or noncompliance with the
provisions ofthis Tarff by the Customer, User, or other common
carer providing service connected to the Service of the Company;
2. Interrptions due to the negligence of any person other than the
Company, including but not limited to the Customer or other
common carers connected to the Company's facilities;
3. Interrptions due to the failure or malfuction of non-Company
equipment;
4. Interrptions of Service durng any period in which the Company
is not given full and free access to its facilities and equipment for
the purose of investigating and correcting interrptions;
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.lainc(a).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Service
Original Page 27
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.7 INTERRUPTION OF SERVICE, CONT'D
2.7.1 General, Cont'd
B. Contd
5. Interrptions of Service durng a period in which the Customer
continues to use the Service on an impaired basis;
6. Interrptions of Service durng 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
arangellents; and
7. Interrption of Service due to circumstances or causes beyond the
control of the Company.
C. For the puroses of applying this provision, the word "interrption" shall
mean the inability to complete calls either incoming or outgoing or both
due to equipment malfunction or human errors. "Interrption" does not
include and no allowance shall be given for service difficulties such as
slow dial tone, circuits busy or other network capacity shortages. Nor
shall the interrption allowance apply where Service is interrpted by the
negligence or willful act ofthe Customer or User or where the Company,
pursuant to the terms ofthis Tarff, suspends or terminates Service
because of nonpayment of bils due to the Company, unlawful or improper
use of facilities or Service, or any other reason covered by this Tarff. No
allowance shall be made for interrptions due to electrc power failure.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineCâ).twcable.coll
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Serice
Original Page 28
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.8 PAYMENT ARRNGEMENTS
2.8.1 Payment
The Customer is responsible for the payment of all charges for facilities and
Service furished by the Company to the Customer and to all Users authorized by
the Customer, and for all calls charged to the Customer's line where any person
answering the Customer's line agrees to accept such charge.
2.8.2 Biling and Collection of Charges
A. All Customer bils are due and payable on or before the due date provided
on the bil. If any portion of the bill is received by the Company more
than seven (7) days after the due date, or if any portion of the payment is
received in fuds which are not immediately available, then a late payment
penalty may be assessed by the Company and the Company may proceed
with collection activities.
B. If objection is not received by the Company within three months after the
bil is rendered, the items and charges appearng thereon shall be
determined to be correct and binding upon the Customer, provided that the
customer shall, within twelve months ofthe rendering by the Company of
the disputed bill, be able to bring the matter to the Commission for
resolution.
C. When a check which has been presented to the Company by a Customer in
payment for charges is returned by the ban, the Customer shall be
responsible for the payment of a Retued Check Charge in an amount up
to $20.00.
2.8.3 Disputed Bils
If the Customer has a complaint, has a question about, or seeks to dispute charges
on the bil, the Customer should contact the Company at the address, telephone
number, or e-mail address provided on the bil.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drive
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laine(itwcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF NO.1
Local and Interexchange Serce
Original Page 29
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.8 PAYMENT ARNGEMENTS,CONT'D
2.8.4 Late Payment Charges
A. Customer bils are due on the due date specified on the bill. A Customer
is in default unless payment is made on or before the due date specified on
the bil. Ifpayment is not received by the Customer's next biling date, a
late payment penalty shall be due to the Company. The late payment
penalty shall be that portion ofthe payment not received by the date due
minus any charges biled as local taxes multiplied by 1.5%. A late
payment penalty may be assessed only once on any bil for rendered
services. Additional penalty charges shall not be assessed on unpaid
penalty charges.
B. Late payment charges do, not apply to those portions (and only those
portions) of unpaid balantes that are associated with disputed amounts.
Undisputed amounts on the same bil are subject to late payment charges if
unpaid and cared forward to the next bil.
C. Late payment charges do not apply to final accounts.
2.8.5 Suspension or Termination of Service for Nonpayment
A. Ifpayment is not received within thirty (30) days ofthe due date, a
disconnect notice will be sent to the Customer. The Company will
provide the Customer with wrtten notice via first class U.S. Mail stating
the reason for discontinuance and wil allow the Customer not less than
seven (7) days to remove the cause for discontinuance. Bills must be
mailed to the Customer no later than six (6) business days after the date of
the bill.
B. At least twenty-four (24) hours before actual termination, the Company
will diligently attempt to contact the Customer affected to apprise the
Customer of the proposed action and the steps to take to avoid or delay
termination.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Emai1:julie.laineQ)twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Service
Original Page 30
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.8 PAYMENT ARRNGEMENTS, CONT'D
2.8.5 Suspension or Termination of Service for Nonpayment, Cont'd
C. If the Company does not terminate service within seven (7) days after a
proposed termination date, and the matter is not the subject of a pending
complaint before the Idaho PUC, or if other arangements have not been
made with the Customer, the Company wil again make a diligent effort to
contact the Customer to advise the Customer of the proposed action. If the
Company has not terminated service within twenty-eight (28) days of
mailing a wrtten notice of termination, but stil intends to terminate, the
Company will again issue a written notice.
2.8.6 Exceptions to Suspension and Termination for Nonpayment
Service shall not be suspended or terminated for:
A. Nonpayment for Service for which a bil has not been rendered;
B. Nonpayment for Service which has not been rendered;
C. Nonpayment of any biled charge which is in dispute durng the period
before a determination of the dispute is made by the Company in
accordance with the Company's complaint handling procedures.
D. Nonpayment of back billed amounts as outlined in Section 2.11 herein.
2.8. 7 (INTENTIONALLY LEFT BLANK)
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ?twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF NO.1
Local and Interexchange Servce
Orginal Page 31
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.9 ADVANCE PAYMENTS
To safeguard its interests, the Company may require a Customer to make an advance
payment before Service and facilities are furnished. The advance payment for residential
customers wil not exceed an amount equal to one-twelfth the annual estimated recurng
charges for the Service or facility. The amount for business customers shall not exceed
two and one-half month's estimated recurring charges for the Service or facility. In
addition, where special construction is involved, the advance payment may also include
an amount equal to the estimated nonrecurrng charges for the special construction and
recurng charges (if any) for a period to be set between the Company and the Customer.
The advance payment, including those involving special construction wil be credited to
Customer's initial bilL.
2.10 TAXS AND OTHER CHARGES
The Customer may be responsible for payment of any Federal, state or local sales, use,
gross receipts, access or other taxes, charges, surcharges (however designated), franchise
and permit fees, and all taxes, fees, and other exactions imposed on the Company or its
Service by governental jursdictions, other than taxes imposed generally on the
Company's net income.
2.11 BACKBILLING
The Company shall not charge Customers for previously unbilled Service or adjust
upward a bill previously rendered when the period for the unbiled Service or biling
adjustment is more than thiry-six (36) months prior to the mailing of the bill or the
upward adjustment. Unless the Customer causes the late biling, the Company shall
explain the reason for the late biling and shall advise the Customer that
suspension/termination of Service is not permitted for charges biled in excess of six (6)
months after the Service was provided. The Customer wil be given the opportunity to
pay the charges under an installment plan on a schedule equal in time to the length of the
backbiling period.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Staniford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laine0).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Serce
Original Page 32
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.12 TERMINATION FOR CAUSE OTHER THAN NONPAYMENT
2.12.1 General
The Company after notice in wrting to the Customer and after having given the
Customer an appropriate opportunity to respond to such notice, may remedy any
deficiency or terminate Service and sever the connection(s) from the Customer's
premises under the following conditions:
A. In the event of prohibited, unlawful or improper use of the facilities or
Service, or any other violation by the Customer of this Tarff or the rules
and regulations governing the facilities and Service; or
B. If, in the judgment of the Company, any use of the facilities or Service by
the Customer may adversely affect the Company's personnel, plant,
property or Service. The Company shall have the right to take immediate
action, including termination of the Service and severing of the
connection, without notice to the Customer when injur or damage to
personnel, plant, property or Service is occurng, or is likely to occur; or
C. In the event of unauthorized use, where the Customer fails to take
reasonable steps to prevent the unauthorized use of the facilities or Service
received from the Company; or
D. In the event that Service is connected for a Customer who is indebted to
the Company for Service or facilities previously furnished, that Service
may be terminated by the Company unless the Customer satisfies the
indebtedness within twenty (20) days after wrtten notification.
2.12.2 Prohibited, Unlawful or Improper Use of Facilties or Service
Prohibited, unlawful or improper use ofthe facilities or Service includes, but is
not limited to:
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julic.laineQ).twcable.com
Time Warner Cable Information Servces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Original Page 33
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.12 TERMINATION FOR CAUSE OTHER THAN NONPAYMENT, CONT'D
2.12.2 Prohibited, Unlawful or Improper Use of Facilties or Service, Cont'd
A. The use of facilities or Service of the Company without payment of Tarff
charges;
B. Callng or permitting others to call another person or persons so frequently
or at such times of the day or in such maner as to harass, frghten, abuse
or torment such other person or persons;
C. The use of profane or obscene language;
D. The use ofthe Service in a manner such that it interferes with the Servce
of other Customers or prevents them from making or receiving calls;
E. The use of a mechanical dialing device or recorded anouncement
equipment to seize a Customer's line, thereby interfering with the
Customer's use of the Service; or
F. Permitting fraudulent use.
2.12.3 Abandonment or Unauthorized Use of Facilties
A. If the Company determines that facilities have been abandoned, or are
being used by unauthorized persons, or that the Customer has failed to
take reasonable steps to prevent unauthorized use, the Company may
terminate the Service.
B. The Company may suspend or terminate service for abandonment or
unauthorized use if the Company makes a reasonable attempt to determine
occupancy or authorized use, or the Customer takes reasonable steps to
prevent unauthorized use. A notice wil be sent to the Customer five (5)
days before such suspension or termination. The notification requirement
is waived when previous mailings were returned by the Post Offce or the
Company is advised that a new Customer has moved into the location.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.lainc(ftwcable.com
Time Warner Cable Information Serces
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Serce
Orginal Page 34
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.12 TERMINATION FOR CAUSE OTHER THAN NONPAYMENT, CONT'D
2.12.3 Abandonment or Unauthorized Use of Facilties, Contd
C. In the event that Service is terminated for abandonment of facilities or
unauthorized use and Service is subsequently restored to the same
Customer at the same location:
1. No charge shall apply for the period during which Service has been
terminated; and
2. Reconnection charges wil apply when Service is restored.
However, no charge shall be made for reconnection ifthe Service
was terminated due to an error on the par ofthe Company.
2.12.4 Change in the Company's Ability to Secure Access
Any change in the Company's ability (a) to secure and retain suitable facilities
and rights for the construction and maintenance of the necessar facilities and
equipment, or (b) to secure and retain suitable space for its plant and facilities in
the building where Service is provided to the Customer may require termination
of a Customer's Service until such time as new arangements can be made. Under
such circumstances, no charges wil be assessed the Customer while Service is
terminated, and no connection charges wil apply when Service is restored.
2.12.5 Emergency Termination of Servce
The Company will immediately terminate the Service of any Customer, on
request, when the Customer has reasonable belief that the Service is being used by
an unauthorized person or persons. The Company may require that the request be
submitted in wrting as a follow-up to a request made by telephone.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LtC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineßYtwcablc.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Servce
Orginal Page 35
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.13 USE OF CUSTOMER'S SERVICE BY OTHERS
2.13.1 Customers and Authorized Users
Services provided hereunder are provided solely for the use of the Customer,
except for occasional use of such Service by visitors and other invitees.
Customers may not resell such Service to a third pary for any form of
compensation.
2.13.2 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties
in connection with the Service and facilities provided by the Company without the
written consent of the other pary, except that the Company may assign its rights
and duties (a) to any subsidiar, parent company or affiiate ofthe Company, (b)
pursuant to any sale or transfer of substantially all the assets of the Company; or
(c) pursuant to any financing, merger or reorganization of the Company. Transfer
of all or a portion of a Customer's account, the Service or the Company's
equipment by the Customer to any other person or entity, or to a new residence or
other location, is prohibited.
2.14 CANCELLATION OF SERVICE
If a Customer cancels a service order or terminates Service before the completion of the
term for any reason whatsoever other than a Service interrption (as defined in Section
2.7), the Customer agrees to pay to the Company:
A. All nonrecurng charges as specified in this Tarff; plus
B. Any disconnection, early cancellation or termination charges reasonably
incured and paid to third parties by the Company on behalf of the
Customer; plus
C. All recurng charges specified in this Tarff for the balance of the then-
current term.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laincQ).twcable.com
Time Warner Cable Information Serices
(Idaho), LLC d//a Time Warner Cable
ID PUC TARIFF No. 1
Local and Interexchange Serce
Orginal Page 36
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.15 NOTICES AND COMMUNICATIONS
All notices or other communications required to be given pursuant to this Tarffwill be
delivered via e-mail and!or first-class maiL. The Company or the Customer shall advise
the other pary of any changes to the addresses designated for notices, other
communications or biling, by following the procedures for giving notice set forth herein.
2.16 SPECIAL CONSTRUCTION AND SPECIAL ARGEMENTS
2.16.1 Special Construction and Non~Routine Maintenance
A. Subject to the agreement ofthe Company and to all ofthe regulations
contained in this Tarff, special constrction, special arangements and
non-routine maintenance may be undertaken on a reasonable-efforts basis
at the request of the Customer. Such special constrction, special
arangements and non-routine 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.
Special arangements include any service or facility relating to a regulated
telecommunications service not otherwise specified under this Tarff, or
for the provision of Service on an expedited basis or in some other maner
different from the normal tarff conditions. In such cases, charges based
on the cost oflabor, material and other costs incurred by or charged to the
Company will apply. If installation is stared during regular business
hours but, at the Customers' request, extends beyond regular business
hours into time periods including, but not limited to weekends, holidays
and!or nights, additional charges may apply.
Advice Letter No. 08-01Issue Date: _' 2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Serices (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:juHe.laineQ-1twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Serce
Original Page 37
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.16 SPECIAL CONSTRUCTION AND SPECIAL ARRNGEMENTS, CONT'D
2.16.2 Basis for Charges
Where the Company fuishes a facility or Service for which a rate or charge is
not specified in this Tarff, charges wil be based on the costs incured by the
Company and may include:
.Nonrecurrng charges;
.Recurng charges;
.Termination liabilities; or
.Combinations thereof.
The agreement for special constrction will ordinarily include a minimum Service
commitment based upon the estimated service of the facilities provided.
2.16.3 Termination Liabilty
To the extent that there is no other requirement for use by the Company, a
termination liability may apply for facilities specially constrcted at the request of
the Customer.
2.17 INDIVIDUAL CASE BASIS ARRGEMENTS
Rates for Individual Case Basis (lCB) arangements wil be developed on a case-by-case
basis in response to a bona fide request from a Customer or prospective Customer for
services which var from tarffed arangements. Rates quoted in response to such
requests may be different than those specified for such service in this Tarff. ICB rates
will be offered to Customers in wrting and wil be made available to similarly situated
Customers.
2.18 (INTENTIONALLY LEFT BLANK)
Advice Letter No. 08-01Issue Date: -' 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretary
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drive
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
ID PUC TARF No. 1
Local and Interexchange Servce
Orginal Page 38
SECTION 2 - RULES AND REGULATIONS, CONT'D
2.19 911 EMERGENCY TELEPHONE SERVICE
2.19.1 General
A. 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.
B. Where offered, the Service shall include a 911 Emergency System,
including but not limited to Enhanced 911 services, pursuant to applicable
federal, state, 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. The 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.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drive
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincCã).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARF No. 1
Local and Interexchange Service
Orginal Page 39
SECTION 3 - SERVICE DESCRIPTION
3.1 TRIAL SERVICES
The Company may offer new services, not otherwise tariffed, from time to time on a tral
basis subject to Commission approval. Such trals are limited to a maximum of six
months at which time the tral offering must be either withdrawn or made available on
permanent basis.
3.2 HIGH CAPACITY TRASMISSION SERVICES
The Company provides local and interexchange telecommunications services, as
described hereunder.
3.2.1 General Description of Service
High Capacity Transmission Services provides a point-to-point, point-to-
multipoint and multipoint-to-multipoint dedicated connection between one or
more customer locations and!or the Company. The service may utilize Ethernet
intedaces, optical fiber and!or coaxial cable facilities, is scalable from 1 Mbps to
10 Gbps and will be designed and provisioned on an Individual Case Basis (ICB)
pursuant to contracts with Customers. All requesting Customers shall have non-
discriminatory access to ICB Services and facilities at nondiscriminatory rates,
terms and conditions.
Advice Letter No. 08-01Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P . Laine, Secretary
Time Warner Cable Information
Services (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laincQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Serice
Orginal Page 40
SECTION 4 - RATES
4.1 RATES
4.1.1 Service Connection and Related Charges
Nonrecurrng charges may apply to Customer requests for connecting, moving, or
changing Service. These charges will be determined on an Individual Case Basis
(lCB) and wil apply in addition to any other scheduled rates and charges that
otherwise apply under this Tarff.
1. Charges for the connection, move, or change of Service may apply
for work being performed durng the Company's normal business
hours. If the Customer requests that overtime labor be performed
at a premises on the day or days of the week other than normal
work hours or on holidays, or interrpts work once it has begu, an
additional charge may apply based on the additional costs
involved.
2. Changes in location of the Customer's Service from one premises
to another may be treated as new Service connections with the
appropriate Service Charges applying.
4.1.2 ICB Charges
ICB pricing wil be developed and used for special circumstances and Services
that are not listed in this Tariff or par of the Company's normal service offerings.
ICB rates for similarly situated Customers shall be offered on a fair, equitable and
nondiscriminatory basis.
Advice Letter No. 08-01
Issue Date: , 2008Effective Date: , 2008
Issued By: Julie P. Laine, Secreta
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email:julie.laineQ).twcable.com
Time Warner Cable Information Services
(Idaho), LLC d//a Time Warner Cable
il PUC TARIFF No. 1
Local and Interexchange Serce
Orginal Page 41
SECTION 4 - RATES, CONT'D
4.2 PROMOTIONAL OFFERINGS
The Company may from time to time elect to offer temporar promotional programs that
shall waive, for a specified period of time not to exceed six (6) months, in whole or in
part (1) any installation fee and!or (2) any recurrng or nonrecurrng fees for any Services
other than intrastate toll service to introduce present or potential Customers to a service
not previously received by the Customer.
4.3 EMPLOYEE RATES
The Company may offer special rates or rate packages to its employees or employees of
its affiliates.
Advice Letter No. 08-01Issue Date: _,2008Effective Date: _' 2008
Issued By: Julie P. Laine, Secretar
Time Warner Cable Information
Servces (Idaho), LLC
290 Harbor Drve
Stamford, CT 06902
Phone: [phone]
Fax: [phone]
Email: julie.laineQ).twcable.com
State of Connecticut )
) ss:
County of -+a.ttfeft)
AFFIDAVIT
I, Julie P. Laine, Secretar of Time Warer Cable Information Serices (Idaho), LLC,
declare under penalty of peijur that I am authorized to make this verification for and on
behalf of the Applicant, Time Warer Cable Information Services (Idaho), LLC; that I
have read the information provided in the foregoing document and any and all
attachments, and am informed and believe the same are tre, accurate, complete and
correct, and on that ground affrm that the matters stated herein are tre.
This 3i.£+day of October in the year 2008.~M. ~S~
Subscribed and sworn before me this 31st day of October in the year 2008.
~d¥~'Notar Publi
My commission expires:
ALE~IS, J. SCHWEIZER
, /'07ARY PUBI ie
MY COMrv'Q~IO ~., Ifuu N ~XP¡R"S 6'30')'.. . c:, ¡ ¡ .010