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HomeMy WebLinkAbout20091109Revised Proposed Tariff.pdfT-.:l1- T-oR-o ( - J ExhibitB\~tvLJ Proposed Tariff RECEI 1"~~ / zon9 NOV -9 PH~: 39 Time Warner Cable Information Services (Idaho ),LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Original Title Page SCHEDULE OF GENERAL REGULATIONS APPLICABLE TO LOCAL AN INTEREXCHAGE SERVICE TIME WARER CABLE INFORMTION SERVICES (IAHO), LLC DIB/A TIME WARER CABLE This Tariffcontains the descriptions, regulations, and rates applicable tothe furnishing of services and facilities for Local and Interexchange Service provided by Time Warer Cable Information Services (Idaho ), LLC. d//a Time Warner Cable, with principal offices at 60 Columbus Circle, New York, NY. i 0023. This Tariff applies to services furnished within Idaho. This Tariff is on file with the Idaho Public Utilties Commission and copies may be inspected, during normal business hours, at the Company's principal place of business. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Preface Original Page 1 CHECK SHEET Pages of this tariff, as indicated below, are effective as of the .date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. SECTION PAGE REVISION SECTION PAGE REVISION Title Original *2 18 Original * Preface 1 Original *2 19 Original * Preface 2 Original *2 20 Original * Preface 3 Original *2 21 Original * Preface 4 Original *2 22 Original * 1 1 Original *2 23 Original * 1 2 Original *2 24 Original * 1 3 Original *2 25 Original * 2 1 Original *2 26 Original * 2 2 Original *2 27 Original * 2 3 Original *2 28 Original * 2 4 Original *2 29 Original * 2 5 Original *3 1 Original * 2 6 Original *3 2 Original * 2 7 Original *3 3 Original * 2 8 Original *3 4 Original * 2 9 Original *3 5 Original * 2 10 Original *3 6 Original * 2 11 Original *3 7 Original * 2 12 Original *3 8 Original * 2 13 Original *4 1 Original * 2 14 Original *4 2 Original * 2 15 Original *4 3 Original * 2 16 Original * 2 17 Original * - indicates those pages includes with this fiing Issued By: Julie P. Laine, Secreta Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Preface Original Page 2 TABLE OF CONTENTS PAGE NO. PREFACE CHECK SHEET................................................................................................. .................... 1 TABLE OF CONTENTS ......................................................................................................2 TARIF FORMAT................................................................................................................3 APPLICATION OF TARIFF ................................................................................................4 1. DEFINITIONS AND ABBREVIA nONS 1.1 EXPLANATION OF ABBREVIATIONS AND ACRONYS ....;........................1 1.2 DEFINITION OF TERMS.......................................................................................2 2. RULES AND REGULATIONS 2.1 UNERTAKI.G OF THE COMPAN ..............;..................................................1 2.2 LIMITATIONS ON LIAILITY..................................................;..........................4 2.3 LIAILITY OF THE COMPANY ..........................................................................9 2.4 SERVICE AVAILABILITY ....................................................................................1 0 2.5 OBLIGATIONS OF THE CUSTOMER.................................................................. 12 2.6 CUSTOMER EQUIMENT AN CHANNLS ....................................................14 2.7 INTERRUPTIONS OF SERVICE...........................................................................16 2.8 PAYMENT ARGEMENTS.....................................;.......................................18 2.9 DISCONTINANCE OF SERVICE.......................................................................21 2.10 TAXES AND OTHER CHAGES..........................................................................26 2.11 USE OF CUSTOMER'S SERVICE BY OTHERS ...................................................27 2.12 CANCELLATION OF SERVICE ...........................................................................27 2.13 NOTICES AND COMMICATIONS ..............................;..................................28 2.14 SPECIA CONSTRUCTION AN SPECIA ARGMENTS........................28 2.15 INIVIDUAL CASE BASIS ARNGEMENTS .................................................29 3. SERVICE DESCRIPTIONS 3.1 TRI SERVICES ....................................................................;..............................1 3.2 HIGH CAPACITY TRASMISSION SERVICES .................................................. 1 3.3 LOCAL INTERCONNCTION SERVICE............................................................2 4. RATES 4.1 SERVICE CONNECTION AND RELATED CHAGES ...................................... 1 4.2 PROMOTIONAL OFFERIGS ..............................................................................3 4.3 EMPLOYEE RATES ...............................................................................................3 Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. i Local and Interexchange Service Preface Original Page 3 TARFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the 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 sheets 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 current page version on fie with the Idaho Public Utilties Commission. For example, the 4th Revised Page 14 caucelsthe 3rd Revised Page 14. Because of various suspension periods, deferrals, etc., that the Commission follows in its tariff approval process, the most current page number on fie with the Commission is not always the tariff page in effect. Consult the Check Sheet for the page currently 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.L.A.1.(a). 2.1.1.A.1.(a).I. 2.1 .1.A. 1 .(a).I.(i). 2.1 .1.A. 1 .(a).I.(i).(l). D. Check Sheets -When a tariff filing is made with the. Commission, an updated check sheet accompanies the tariff filing. The check sheet lists the pages contained in the Tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. All revisions made in a given filing 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 Tariffuser should refer to the latest check sheet to find outif a paricular sheet is the most current on fie with the Commission. Issued By: Julie P. Laine, Secretary Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Preface Original Page 4 APPLICATION OF TARFF This tariff sets forth the service offerings, rates, terms and. conditions applicable to the furnishing of local and interexchange service by the Company to business Customers within the state of Idaho. Services, features and functions wil be provided where Company facilities, including, but not limited to, billng and technical capabilties, are available. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 1 Original Page 1 SECTION i - DEFINITIONS AN ABBREVIATIONS 1.1 EXPLANATION OF ABBREVITIONS AND ACRONYMS IXC - Interexchange Carier ICO - Independent Company ICE - Independent Company Exchange LATA - Local Access ard. Transport Area LEC - Local Exchange . Company MTS - Message Telecommunication Service NPA - Numbering Plan Area PIC - Primar Interexchange Carrier TDD - Telephone Device forthe Deaf TRS- TelecommunicationsRelay Service Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 1 Original Page 2 SECTION 1 - DEFINITIONS AN ABBREVITIONS, CONT'D 1.2 DEFINITION OF TERMS Commission - Idaho Public Utilties Commission. Company - Refers to Time WamerCable Information Services (Idaho), LLC d//a Time Warner 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 Tariff regulations. This term also includes 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 purposes of this Tariff,. "Customer" shall refer to local, county, state or federal entities, and/or those persons or entities whose use of service is or is represented to be primarily or substantially of a professional, business, institutional, occupational or commercial nature and who subscribe, froin 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,facsiinile machine, key system, PBX, or other information, communication or power system. End User - Any Customer or other person or entity that is not a carrier, except that a carier (other than a telephone company) shall be deemed to be an "End User" when such carrier uses the Company's Service for administrative purposes. Nonrecurring Charge - A one-time charge made under certin conditions to recover all or a portion of the cost of installing facilties or providing Service. Recurring Charge - The monthly charge to the Customer for Service, facilities and equipment, which continue for the agreed upon duration ofthe Service. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 1 Original Page 3 SECTION 1 - DEFINITIONS AN ABBREVITIONS, CONT'D 1.2 DEFINTION OF TERMS, CONT'D. 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, or any other person authorized by a Customer to use Service provided under this Tariff. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 1 SECTION 2 -RULES AN REGULATIONS 2.1 UNDERTAKIG OF TH COMPAN 2.1.1 Regulatory Compliance Company wil comply with all applicable billng and termination rules of the Commission, as set forth by the. Commission. 2.1.2 Application of Tariff A. This Tariff sets forth terms and conditions applicable to the furnishing of the Local and Interexchange Service described herein offered by. the Company within Idaho. Service is furnished for the use of End Users within Idaho. B. When Service and facilities are provided in part by the Company and. in par by other companies, the regulations of the Company apply only to that portion ofthe Service or facilities furnished 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 of the regulated or unegulated services offered by that company, the regulations .of the Company apply only to the use of the Company's Service and facilities. D. This Tariff applies only for the use of the Company's Service within Idaho. This includes the use oftheCompany's network. E. The provision of Local Service defined herein is subject to the terms and conditions specified in this Tariffand may be revised, added to, or supplemented by superseding issues. F. The provision of Service by the Company as set forth in this Tariff does not constitute a joint underting with the Customer for the furnishing of any Service. Issued By: Julie P. Laine, Secretary Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 2 SECTION 2 - RULES AND REGULATIONS, CONT'D. 2.1 UNERTAKIG OF THE COMPAN, CONT'D. 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 facilties as well as facilities the Company may obtain from cariers to furnish Service from time to time as required at the sole discretion of the Company. B. The Company shall not be required to furnish, or continue to furnish, facilities or Service where the circumstances .are such that the proposed use of the facilties or Service would tend to adversely affect the Company's plant, propert or Service. 2.1.4 Terms and Conditions A. In furnishing facilties and Service, the Company does not underte to transmit messages, but furnishes the use of its facilities to Customers for information services or communications. B. Service may be provided on the basis of a minimum period of at least one month, 24 hours per day. For the purpose of computing charges in this Tariff, a month is considered to have 30 days. All calculations of dates set forth in this Tariff shall be based on calendar days, unless otherwise specified herein. The Customer must pay the regular tariffed rate for the Service it subscribes to for the minimum period of service. If a Customer disconnects Service before the end of any minimum service period, that Customer is responsible for paying the regular rates for the remainder of the minimum service period. C. Customers may be required to enter into written service orders which shall contain or reference a specific description of the Service ordered, the rates to be charged, the duration of the Service, and the terms and conditions in this Tariff. Customers also wil be required to execute any other documents reasonably requested by the Company. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho);LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 3 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.1 UNERTAKIG OF TH COMPAN, CONT'D. 2.1.4 Terms and Conditions, Cont'd. 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 Tariff shall be interpreted and governed by the laws ofIdaho. Issued By: JulieP. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 4 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.2 LIMTATIONS ON LIAILITY 2.2.1 Indemnification 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 harmless the Company and the Company shall not he liable for any claims, loss, damage or expenses (including attorneys' fees and court costs) involving: 1. Any actor 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 cariers, 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, hurricanes, storms, or other . natural catastrophes; pole hits; explosions; national emergencies, insurections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor diffculties; criminal actions taen against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third paries, including rights-of-way and materials; and any law, order, regulation, direct, request, or other action of any governing authority .or. agency thereof; . 3. Any . unlawful or unauthorized use of the. Company's facilties . and Service or the use of the Company's facilties and!orService. in violation of this Tariff; 4. Libel, slander, invasion of privacy or infrngement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications 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 facilties or services; Issued By: JulieP. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 5 SECTION 2 - RULES AN 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 infringement, 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 furnished. by the Company, including, but not limited to,. the identification of the telephone number, address or name associated with the telephone used by the par or parties accessing emergency 911 service, and which arise 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 of the 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 Compåny and is not provided to the Customer, in which event theConipany's liabilty is limited as set forth inthis Section 2.2; 7. Defacement of or damage to Customer premises resulting. from the furnishing of Service or equipment on such premises or the installation or removal thereof; Issued By: JulieP. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY l0023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 6 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.2 LIMITATIONS ON LIAILITY, CONT'D. 2.2.1 Indemnificàtion änd Limits on Liabilty, Cont'd. A. Cont'd 8. Injury to propert or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disabilty or death benefits, arising out of, or caused by, any act or omission of the Customer, or the constrction,. installation, maintenance, presence, use . or removal of the Customer's. facilities or equipment connected, or to be connected, to the Company's facilties; 9. Any · intentional, wrongful act of a Company employee when. such. act is not within the scope of the employee's responsibilties for the Company an.d/or is not authorized by the Company; lO. Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Tariff; 11. Any act, omission or network condition resulting in the non-availability of 911, E911, or similar services for any reason including, without limitation and by way of example only, due. to any failure of Service functionality or interrption of electric 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 during any period that Service is unavailable; l4. Blockages by other providers of services on the public switched network; Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tarff No. 1 Local and Interexchange Service Section 2 Original Page 7 SECTION 2 -RULES AN REGULATIONS, CONT'D. 2.2 LIMITATIONS ON LIABILITY, CONT'D. 2.2.1 Indemnification and Limits on Liabilty, Cont'd. A. Contd 15. Any damage to CPE resulting from use of that system with the Service; and 16. Breach in the privacy or security of communications transmitted over the Company's facilties. B. The Company shall be indemnified, defended and held harmless by the Customer or End User from and against any and all claims, loss, demands, suits, expense, or other action or any . liabilty whatsoever, including attorney fees, whether suffered, made, insinuated, or asserted by the Customer or by any other par, forany personal injury to or death of any person or persons, and for. any loss, damage or destrction of any propert, including environmental. contamination, whether owned by the Customer or by any other par, caused or claimed to have been caused directl)'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 warranty 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 responsibilty for the availabilty or pedormance of any systems or related facilties under the control of other entities, whether or not affiliated 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 facilties or services. Such facilities are provided subjectto such degree of protection or non-preemptibility as may be provided by the other entities. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 8 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.2 LIMTATIONS ON LIABILITY, CONT'D. 2.2.1 Indemnification and Limits on Liabilty, Cont'd. E. Except as otherwise stated inthis Tariff, any claim of whatever nature against the Company shall he. deemed conclusively to have been waived unless presented in writing to the Company within thirt (30) days after the date of the occurence that gave rise tothe 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 warranties of merchantability or fitness fora particular use, except those expressly set forth herein. H. The Company will not be liable for any charge incurred when any long distance (Toll Call) carrier or alternative operator service provider accepts third-number biled or collectcalls. 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 causedpy the other company or their agents or employees. This includes the provision ofa signaling system database by another company. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 9 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.2 LIMITATIONS ON LIABILITY, CONT'D. 2.2.1 Indemnification and Limits on . Liabilty, Cont'd. J. THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY. THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AN CONSEQUENTIL DAMGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMIN THE VALIDITY OF THE EXCULPATORY CLAUSE. 2.3 LIABILITY OF THE COMPAN 2.3.1 General A. Except as otherwise statedd in this Tarff, liabilty of the Company for damages arising out of either (l) the furnishing of its Service, including, but not limited to, mistakes, omissions, interrptions, delays, or errors, or other defects, representations, or use ofthese Service, or (2) the failure to furnish its Service, whether caused by acts or omission, shall be limited to the extension. of allowances to the Customer for interrptions in Service as set forth. in.. Section 2.7, following and as required by the Commission's RuLes (IDAPA 31.41.01.503). 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 par for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission., failure to perform, delay, interrption, failure to provide any Service, including the inability to access emergenc:y.91 1 services during any such failure, or any failure in or breakdown of facilties associated with the Service. C. The liabilty of the Company for errors in biling that resultin overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously biled or, in the event that payment has been made and Service has been discontinued, to a refund of the amount erroneously biled. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page lO SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.4 SERVICE AVAILABILITY 2.4.1 Notification 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 unplanned 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 particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this Tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing Service to any Customer. B. The Company shall use reasonable efforts to maintain only the facilities and equipment that it furishes 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 uponthe Wfittenconsent ofthe Company. C. The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not theteby alter the technical parameters of the Service provided to the Customer. Issued By: Julie P. Laine, Secretary Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warer Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 1l SECTION 2 - RULES AND REGULATIONS,CONT'D. 2.4 SERVICE AVAILABILITY, CONT'D. 2.4.2 Provision of Equipment and Facilties, Cont'd D. Equipment the Company provides or instals 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 he 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 par 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 furnished pursuant to this Tariff, the responsibility of the Company shall be limited to the furnishing 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: 1. the transmission of signals by Customer-Provided Equipment or for the quality of, or defects in, such transmission; or 2. the reception of signals by Customer-Provided Equipment. 2.4.3 Ownership of Facilties Title to all facilities provided in accordance with this Tariff remains in the Company, its affiiates, agents or contractors. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY i 0023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page l2 SECTION 2 - RULES AN REGULATIONS, CONT'D. 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 Tariff; 2. Damage to or loss of the Company's facilties or equipment caused by the acts or omissions of the . 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 wilful misconduct of the employees or agents of the Company; 3. Obtaining, maintaining, and otherwise having full. responsibilty for all rights-of-way and conduit necessar for installation of lines, facilities and associated equipment used to provide Service to the Customer from the Customer's propert line to the locatioii of the equipment space described above. Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the strcture 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. Notcreating or allowing to be placed anyliens or other encumbrances on the Company's equipment or facilties; and 5. Making the Company's facilties and equipment available periodically for.maintenance.purposes at a time agreeable to.both the Company and the Customer. No allowance wil be made for the period during which Service is interrpted for such purposes. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY l0023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 13 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.5 OBLIGATIONS OF THE CUSTOMER, CONT'D. 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. C. A Customer or User may not assign, or transfer in any maner, the Service or any rights associated with the Service without the written consent ofthe Company. The Company will 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 Tariff. Such a transfer wil be treated as a disconnection of existing Service and installation of new Service. 2.5.3 Claims Notwithstading Section 2.2 and 2.3 herein, with respect to any. Service. or facilty provided by the Company, the Customer shall indemnify, defend andhöldharless the Company from. and against . all claims, actions, damages, liabilities,. costs and expenses, including reasonable attorneys' fees and court costs for: A. Any loss, destrction or damage to propert of the Company or any third par, or the death or injury to persons,. including, but not limited to, employees or invitees of either par, 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 respectto any matter for which the Company would not be directly liable to the Customer under the terms of this Tariff. Issued By: Julie P. Laine, Secreta Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time 'Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tarff No. 1 Local and Interexchange Service Section 2 Original Page 14 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.6 CUSTOMER EQUIMENT AN CHANNLS 2.6.1 General A User may transmit or receive information or signals via the facilities of the Company. A User may transmit any form of signal that is compatible with the Company's equipment, but, except as otherwise specifically stated in this Tariff, the Company does not guarantee that its Service wil be suitable for purposes other than those described herein. 2.6.2 Station Equipment A. Terminal equipment on the User's premises and the electric. power consumed by such equipment shall be provided by and maintained at theex.pense of the User. The User is responsible for the provision of wiring or cable to .connectits terminal equipment to the Company's point of connection. B. The Customer is responsible for ensuring that Customer-Provided Equipment connected..to the Company equipment and facilities is compatible. with. such equipment . and facilities. All such Customer-Provided. Equipment shall be registered by the Federal Communications Commission pursuant to Par 68 of Title 47, Code of Federal Regulations; and all User-provided wiring shall be installed and maintained. in compliance with those regulations. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation or maintenanc.e 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 expense. C. The Company is not responsible for malfunctions of Customer-owned telephone sets or other Customer-Provided Equipment, or for misdirected calls, disconnects or other Service problems caused by the use of Customer,;ProvidedEquipment. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No.' 1 Local and Interexchange Service Section 2 Original Page 15 SECTION 2- RULES AN REGULATIONS, CONT'D. 2.6 CUSTOMER EQUIPMENT AN CHAELS, CONT'D. 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 furnishing communications Service and the channels, facilties, or equipment of others shall be provided at the Customer's expense. B. The Service may be connected to the services or facilties of other communications. cariers only when authorized by, and in. accordance with, the terms and conditions of this Tariff and the tariff of theothercomiunications carriers which are applicable to such connections. C. Facilities furnished under this Tariff may be connected to Custoiner-Provided Equipment in accordance with the provisions ofthis Tariff. 2.6.4 Inspections If the protective requirements for Customer-Provided Equipment are not being complied with, the Company may take such action as it deems necessar to protect its facilities, equipment and personneL. The Company wil notify the Customer promptly if there is any need for fuher corrective action. Within ten (10) days of receiving this notice, the Customer must take this corrective action and notify the. Company of the actioll taen. If the Customer fails to do this, the . Company may take whatever additional action js deemed necessary, including the suspension of Service, to protect its facilities, equipment and personnel from har. Issued By: Julie P. Laine, Secretary Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New Y ork,NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 16 SECTION 2 -' RULES AN REGULATIONS, CONT'D. 2.7 INTERRUPTIONS OF SERVICE 2.7.1 General A. Upon Customer request, and in compliance with the Commission Qualitv of Service Rules (IDAPA 31.41.01.501 et seq.), the.. Company wil credit a Customer's account for Service interrptions that are not due to the Company's testing or adjusting, failure of facilities or services of other companies relied upon by Company to provide Service, negligence of the Customer, or to the failure of channels, wiring, equipment, facilities or power provided by the Customer. Before requesting a credit, the Customer wil take reasonable steps to verify that the trouble could not have been prevented by the Customer and is not in the channels, wiring, equipment, facilties or power provided by.the Customer. For purposes of computing a credit, a month consists of720 .hours. The Company will credit the Customer's account at the rate of l/72Oth of the monthly charge for each full hour of any interrption. In addition, for Service interrptions greater than eight (8) consecutive hours, the Company wil 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 of this Tariff by the Customer, User, or other common carrier providing service connected to the Service ofthe Company; 2. Interrptions due to the negligence of any person other than the Company, including but not limited to the Customer or other common cariers connected to the Company's facilities; 3. Interrptions due to the failure or malfunction of non-Company equipment; 4. Interrptions of Service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and. correcting interrptions; Issued By: Julie P. Laine, Secretary Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 17 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.7 INTERRUPTIONS OF SERVICE, CONT'D. 2.7.1 General, Cont'd. B. Cont'd 5. Interruptions of Service during a period in which the Customer continues to use the Service on an impaired basis; 6. Interruptions of Service during any period when the Customer has released Service to the Company for maintenance purposes or for implementation of a Customer order for a change in Service arangements; and 7. Interrption of Service due to circumstances or causes beyond the control of the. Company. C. For the purposes 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 diffculties such as slow dial tone, circuits busy or other network capacity shortges. Nor shall the interrption allowance apply where Service is interrpted by the negligence or wilful act of the Customer or where the Company, pursuant to the terms of this Tariff, 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 Tariff. No allowance shall be made for interrptions due to electrc power failure. Issued By: Julie P. Laine, Secreta Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 18 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.8 PAYMENT ARGEMENTS 2.8.1 Payment The Customer is responsible for the payment of all charges for facilties and Service furnished 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 bil is received by the Company more than seven (7) days after the due date, or if any portion of the payment is received in funds which are not immediately available, then a late payment penalty maybe 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 bilL is rendered, the .items and charges appearing. thereon. shall be determined to .be correct and binding upon the Customer, provided that the customer shall, within twelve months of the rendering by the Company of the disputed bil, be ableto 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 bank, the Customer shall be responsible for the payment of a Returned 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. Issued By: JulieP..Laine, Secreta Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Tìme Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 19 SECTION 2 - RULES AND REGULATIONS, CONT'D. 2.8 PAYMENT ARRGEMENTS, CONT'D. 2.8.4 Late Payment Charges A. Customer bils are due on the due date specified on the bìll. A. Customer is in default unless payment is made on or before the due date specified on the bil. If payment is not received by the Customer's next biling date, a late payment charge of 1.5% wil be applied to all amounts previously biled under this Tariff, excluding one month's Service charge, but including arears and unpaìd late payment charges. B. Late payment chargesdö not apply tothose portions (and only those portions) of unpaid balances. 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 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before Service and facìlities are furnished. The advance payment for residential customers wil not exceed an amount equal to one-twelfth the annual estimated recurrìng charges for the Service or. facilty. The . amount for business customers shall. not exceed two and one-half month's estimated recuring charges for the Service or facility. In addition, where special constrction is involved, the advance payment may also include an amount equal to the estimated nonrecurring charges for the special constrction and recuring charges (if any) for a period to be set between the Company and the Customer. The advance payment for special constrction wil be credited to Customer's initial bil. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 20 SECTION 2 - RULES AND REGULATIONS, CONT'D. 2.8 PAYMENT ARNGEMENTS, CONT'D. 2.8.6 Backbiling The Company shall not charge Customers for previously unbiled. Service or adjust upward a bil previously rendered when the period for the unbilled Service or biling adjustment is more than twenty-four (24) months prior to the mailng of the bil or the upward adjustment unless the conduct of the Customer caused or contrbuted to the failure of the Company to render timely accurate biling. Unless the Customer causes the late billng, 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 will be given the opportnity to pay the charges under an installment plan on a schedule. equal in time to the length of the backbiling period. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60. Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 21 SECTION 2 - RULES AN REGULATIONS, CONT'D.. 2.9 DISCONTINANCE OF SERVICE 2.9.1 Suspension or Termination of Service for Nonpayment A. If payment is not received within thirt (30) days of the due date, a disconnect notice wil be sent to the Customer. The Company wil provide the Customer with written notice via first class U.S. Mail statingthereason for discontinuance and wil allow the Customer not less than seven (7) days to removethe cause for discontinuance. Bills must be mailed to the Customer no later than six (6) business days after the date of the bil. B. At least twenty-four (24) hours before actual termination, the Company wil dilgently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to take to avoid or delay termination. 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 Public Utilties Commission, or if other arangements have not been made with the Customer, the Company wil again . make. a ..dilgent 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 mailng a written notice of termination, but stil intends to terminate, the . company wil again issue.a written notice. 2.9.2 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 during the period before a determination of the dispute is made by the Company in accordance with the Company's complaint handling procedures. Issued By: Julie P.Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 22 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.9 DISCONTIUANCE OF SERVICE, CONT'D. 2.9.3 Termination for Cause Other than Nonpayment The Company after notice in writing to the Customer and after having given the Customer an appropriate opportnity to respond to such notice, may terminate Service and sever th.e connection(s) from the Customer's premises under the following conditions: A. In the event of prohibited, unlawful or improper use of the facilties or Service, or any other violation by the Customer of this Tariff or the rules and regulations governing the facilities and Service; or B. If, in thejudgient of the Company, any use of the facilitiesor Service by the Customer may adversely affect the Company's personnel, plant, propert or Service. The Company shall have the right to take immecliate action, including termination of the Service and severing of the connection,. without notice to the Customer when injury or damage to personnel, plant, . propert or Service is occurring, oris 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 facilties previouslyfurnished,thaLService may be terminated by the Company unless the Customer satisfies the indebtedness within twenty (20) days after written notification. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 23 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.9 DISCONTINANCE OF SERVICE, CONT'D. 2.9.4 Prohibited, Unlawful or Improper Use of Facilties or Service Prohibited, unlawful or improper use of the facilities or Service includes, but is not limited to: A. The use of facilties or Service of the Company without payment of Tariff charges; B. Callng or permitting others to call another person or persons so frequently or at such times of the day or in such manner as to harass, frighten, 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 Service 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 usë of the Service; or F. Permitting fraudulent use. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 24 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.9 DISCONTINANCE OF SERVICE, CONT'D. 2.9.5 Abandonment or Unauthorized Use of Facilties A. If 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. Company may suspend or terminate service for abandonment or unauthorized use if the Company makes a reasonablea.tteniptto 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 mailngs were returned by the Post Offce or the Company is advised that a new Customer has moved into the location. 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 of the Company. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 25 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.9 DISCONTINANCE OF SERVICE, CONT'D. 2.9.6 Change in Company's Abilty to Secure Access Any changein the Company's ability (a) to secure and retain suitable facilities and rights for the constrction and maintenance of the necessar facilities and equipinent, 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 circumstaces, no charges wil be assessed the .Customer while Service is terminated, and no. connection charges will apply when Service is restored. 2.9.7 Emergency Termination of Service The Company wil 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 arequest made by telephone. Issued By: Julie P. Laine, Secreta Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 26 SECTION 2 - RULES AND REGULATIONS, CONT'D. 2.10 TAXES AN OTHER CHAGES The Customer may be responsible for payment of any Federal, Idaho 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 governmental jurisdictions, other than taes imposed generally on the Company's net income. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 2 Original Page 27 SECTION 2 - RULES AN REGULATIONS, CONT'D. 2.11 USE OF CUSTOMER'S SERVICE BY OTHERS 2.11.1 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 resellsuch Service to a third part for any form of compensation. 2.11.2 Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rightsor duties in connection with. the Service and facilities provided by the Company without the written consent ofthe other par, except that the Company may assign its rights and duties (a) to any subsidiar, parent company or affiiate of the Company, (b) pursuantto anY sale or transfer of substatially all the assets of the Company; or (c) pursuant to any financing, mergeror reorganization of the Company. Transfer of all or a portionofaCustomer's account, the Service or the Coinpany's equipment by the Customer to any other person or entity, or to a new residence or other location, is prohibited. 2.12 CANCELLATION OF SERVICE Ifa 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 nonrecurring charges as specified in this Tariff; plus B. Any disconnection, early cancellation or termination charges reasonably..incured .and paid to third paries by the Company onbehalfof the Customer; plus C. All recurng charges specified in this Tariff for the balance of the then-current tenn. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 3 Original Page 3 SECTION 3 - SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNCTION SERVICE, CONT'D. 3.3.2 Availabilty of Local Interconnection Servce on an Individual Case Basis A. Upon receipt of a bona fide request for Local Interconnection Service from a Customer, the Company wil negotiate in good faith with the Customer to enter into an agreement that effectuates the terms and conditions set fort in this taiff. B. Recurring and nonrecurrng costs for components of Local Interconnection Se.rvice other than those identified in Section 4 wil be developed on an Individual Case Basis in response to a bona fide request from a Customer or prospective Customer to develop a competitive bid for service. Charges wil be offered to the Customer in writing and on a nondiscrlinatorybasis. 3.3.3 Customer Use of Local Interconnection Servce A. The Customer shall, at its sole cost, be responsible for providing all equipment, softare, facilities and IP connectivity necessar for the Customer to. provide interconnected VoIP service to its End Users. The IP-based, broadband connecting facility between Customer and End Users, the CMTS, the soft switch, the connecting facilities to the Company's media. gateway, .and all customer premises equipment must be provided by the Customer or its End Users and is not included as part of Local Interconnection Service. B. The Customer must provide the proper signaling information for all calls. To the extent. that failure to provide ANI or other signaling information leads to increased charges from third paries to the Company, the Company may recover all such increased charges, as well as the Company's reasonable costs associated with defending against and/or administering such increased charges, from the Customer. If for two months in any 12 month period the Customer sends calls to the Company lacking required signaling information in excess. of five percent of all calls during such. months, the Company may terniiiate Local Interconnection Service to the Customer immediately with no liability from the Company to the Customer for such termination. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. i Local and Interexchange Service Section 3 Original Page 4 SECTION 3 - SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNECTION SERVICE, CONT'D. 3.3.3 Customer Use of Local Interconnection Servce, Cont'd. C. The Customer shall input, validate and maintain accurate End User information so that the Company can provide such Customer-provided information to applicable national databases, including but not limited to, Automatic Local Identification ("ALI") Database, Directory Listing information, Line Information Database ("LIDB") and Caller ID with NAME Database ("CNAM"). The Customer shall deliver to the Company valid postal addresses that can be confirmed against the Master Street Address Guide ("MSAG"). D. The Customer shall not: (a) fe-classify or re-originate traffic orfae any other action to make traffic appear as if it: (i) is anything other than the type of traffic delivered to such party (including but not limited to makingTDM..originated traffic appear to be IP-originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (b) modify, alter or delete in any manner callng part number information, originating point codes or any other signaling . information, or call detail in connection with the transport and termination of traffc to the called part. E. Local Interconnection Service is limited to End Users physically located in areas served by the Company. The Customer shall in all cases assign telephone numbers to End Users based on the End Users' locations and fully in accordance with.NANPA guidelines associating NPA-NXX codes with particular exchange areas. Unless otherwise agreed by the Coinpany and .the . Customer on and Individual Case Basis, Local. Interconnection Service is not to be. used with any ''virtal numbering" or foreign-exchange-like arrangements. F. The Company and the Customer wil conduct interoperability testing prior to the Customer's implementing any softare or call flow upgrade, enhancement or modification thereto. All special configurations are. subject to the Company's approvaL. The Company may terminate (without liability) Local Interconnection Service where proper interoperability testing has not been completed. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 3 Original Page 5 SECTION 3 - SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNECTION SERVICE, CONT'D. 3.3.4 Telephone Number Resources and Local Number Portabilty A. Upon Customer request, the Company wil assist the. Customer in obtaining telephone number resources through a third-part service provider. B. The Customer shall bear responsibility for all costs .incurred by the Company in the provision of telephone number resources to the. Customer's End Users, including any charges or liability resulting from thèCu~toiner's use of services provided by a third-par service provider. Such costsare.uot included in the rates specified in Section 4 of this tariff. C. The Customer may act as the Company's agent in obtaining End User requests to port a.telephone number from a third-part telecommunications provider to the Company so that the Customer may provideinterconnectedVoIPservice to the End User using that ported number ("Port-In").. The Customer represents and warants that.it has. all necessar rights and authority necessar for any Port-In it requests, will provide copies of letters of authority authorizing the same (or access to recordings of third-part verification of custOmer ports) upon request and shall indemnify, defend and hold harless the. Company and its affliates from any third part claim related to or arising out of any Port-In (or request for Port-In). The Customer shall not request a Port-In in any situation that does not meetthe definition of "number portability" contained at 47 C.ER. § 52.2l(m). D. The Company shall honor requests received from third-par providers of telephone exchange service to port to such a provider a telephone number currently assigned to an End User ("Port-Out"). Prior notice of Port-Outs wil not be provided. The Company wil support such third-par Port-Out requests in accordance with the Company's stadard operating procedures. Issued By: Julie P. Laine, Secretar Time Warer Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d//a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 3 Original Page 6 SECTION 3 - SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNCTION SERVICE, CONT'D. 3.3.5 911 Capabilties A. The Company wil assist the Customer in the provision of 911 capabilities to its End Users through a third-part service provider and subject to the limitations stated herein. B. The Customer shall bear responsibilty for all costs incurred by .the Company in the provision of 911 capabilties to the Customer's End Users, including any charges or liabilty. resulting from the Customer's use of services provided by a third-par service provider. Such costs are not included in the rates specified in Section 4 of this tariff. C. The Customer shall ensure that an End User does not use.Local Interconnection Service from a location different from the End User:s address and shall further ensure. that telephone numbers are assigned to End Users whose primar address is. within the rate center (as defined by the incumbent local. exchange carier) associated with such telephone number. D. 911 capabilities may not function, or may not function properly: (a) if a telephone number is. assigned to an End User located outside of the ILEC rate center associated with such telephone number; (b) if anEnd User attempts a 911 call from a location different from the End User's address provided to the Company by the Customer; (c) during a disruption of power at the End User location; (d) during a loss of connectivity to the End User location due to network outages or other degradations of service, whether. in the Company's network or an interconnecting network; (e) during any period where service to an End User has been cancelled or suspended for any reason (including suspensions or cancellations for failure to payor other default); (f) if incorrect or invalid End User addreSs information is provided, or if such information is not updated in the event of a change in primar location; or (g) if equipment provided to or used by the End User fails. to function or is improperly installed or configured. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 3 Original Page 7 SECTION 3 -SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNCTION SERVICE, CONT'D. 3.3.5 911 Capabilties, Cont'd. E. 9 n capabilities may not function correctly until correct and valid address information has been input into the appropriate database(s), which may occur after initial service activation. F. The Customer's agreements with End Users shall contain the following: (i) an explanation of the limitations on the functionality of 9 llca.pabilties noted herein, which the Company may supplement from time totime; and (ii) a release in favor of the Customer and the Company relating to claims arising out of the failure of 911 capabilties to function properly for the reasons set forth in this Section. G. Limitation of Liabilty - See Sections 2.2.L.A(5) and (11) of this Tariff. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 3 Original Page 8 SECTION 3 - SERVICE DESCRITIONS, CONT'D. 3.3 LOCAL INTERCONNECTION SERVICE, CONT'D. 3.3.6 Directory Listings A. The Company wil assist the Customer in the provision of directory listings to its End Users through third-par providers. B. The Customer shall bear responsibilty for all costs incurred by the Company in the provision of directory listing services to the Customer's End Users, including any charges or liabilty resulting from the Customer's use of services provided by a third-par service provider. Such costs are not included in the rates specified in Section 4 of this taiff. C. The Company is not liable for damages arsing from errors or omissions in the making up or printing of directories by such any third-par service provider, or in accepting . listings as presented by the Customer on behalf of any such third- par service provider. Issued By: Julie P. Laine, Secreta Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warer Cable Idaho Tariff No. 1 Local and Interexchange Service Section 4 Original Page 1 SECTION 4 - RATES 4.1 RATES 4.1.1 General A. The rates setforth below apply generally, although the Company wil negotiate Customer cOntracts based on volume and other reasonable, individualized considerations. B. Nonrecurrng charges wil apply to Customer requests for connecting, moving, or chaiging Service. These charges are in addition to any other scheduled råtesand charges that would normally apply under this Tariff. C. Charges for the connection, move, or change of Service may apply for work being performed during 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 w.eek other than normal work hours or on holidays, or interrpts work once it has begun, an additional charge may apply based on the additional costs involved. D. 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. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 4 Original Page 2 SECTION 4 - RATES, CONT'D. 4.1 RATES, CONT'D. 4.1.2 Rates and Charges A. Non-Recurring Charges 1. LocalInterconnection Service Non-Recurring Charge Facilities used in the provision of Local Interconnection Service are constrcted to meet specification negotiated. by the Company and the Customer on an Individual Case Basis.. Charges are offered to the Customer in writing and on a nondiscriminatory basis. B. Recurring Charges 1. Local Interconnection Port Per T ~ 1 equivalent:$1,500.00 2. Local Interconnection Line Rate Per residential End User per month:$17.00 Per commercial End User perffonth:$28.00 4.1.3 ICB Charges ICB pricingwiU 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 ona fair, equitable and nondiscriminatory basis. Issued By: Julie P. Laine, Secretar Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009 Time Warner Cable Information Services (Idaho), LLC d/b/a Time Warner Cable Idaho Tariff No. 1 Local and Interexchange Service Section 4 Original Page 3 SECTION 4- RATES, CONT'D. 4.2 PROMOTIONAL OFFERIGS The Company may from time to time elect to offer temporary promotional programs that. shaii waive, for a specified period of time, in whole or in par (l) any installation fee and/or (2) anyrecurring. 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. Issued By: Julie P. Laine, Secretary Time Warner Cable Information Services (Idaho), LLC 60 Columbus Circle New York, NY 10023 Issue Date: Effective Date: 2009 2009