20190311Replacement Switched Access Tariff.pdf

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March 8,2019
Via Overnight Delivery
Ms. Diane Hanian, Commission Secretary
ldaho Public Utilities Commission
472 West Washington
Boise,lD 83702
"TL_x-T-l8-o1
Tellax, lnc. - Application For Registration to Provide Facilities-Based and Resold Local Exchange
Telecommunications Services - Replacement Switched Access Tariff
Dear Ms. Hanian
Enclosed for filing please find the original and (7) copies of the switched access tariff for the above-
mentioned application originallyfiled on November 20,2078 on behalf of Teliax, lnc. As requested by
Carolee Hall of lD Stafl this filing replaces the switched access tariff in its entirety that was originally
filed with the Application For Registration to Provide Facilities-Based and Resold Local Exchange
Telecommunications Services due to the Company's recent address change and additional revisions to
the tariff. Please update all other records with the Company's new address below:
Teliax, lnc.
2150 W 29th Ave, #200
Denver, Colorado 8021L
Please acknowledge receipt of this filing by date-stamping the extra copy of this cover letter and
returning it to me in the self-addressed, stamped envelope provided for that purpose.
Any questions you may have regarding this filing should be directed to my attention a|407-740-3006 or
via email to [e-mail]. Thank you for your assistance in this matter.
Sincerely,
Carey Roesel
Consultant
David Aldworth - Teliax
lDL1800a
Enclosures
CR/gs
RE:
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Teliaxr lnc.Idaho Tariff No. I
Original Page I
ACCESS SERVICE
TELIAX,INC.
ACCESS SERVICES TARIFF
Regulations and Schedule of Intrastate Access Rates
This tariff ("Tariff') contains the descriptions, regulations, and rates applicable to the
furnishing of intrastate switched access services offered by Teliax, Inc. to Customers
located within the State of Idaho. This tariff 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.
Issued By:
Effective Date:Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Teliax,Inc.Idaho Tariff No. I
Original Page 2
ACCESS SERVICE
CHECK SHEET
Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective
pug"r. Original and revised pages, as named below, comprise all changes from the original tariff and are
currently in effect as ofthe date on the bottom ofthis page.
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* - indicates those pages included with this filing
Issued By:
Effective Date:Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Teliax, Inc.Idaho Tariff No. I
Original Page 3
ACCESS SERVICE
TABLE OF CONTENTS
CHECK SHEET
TABLE OF CONTENTS
CONCURRING CARRIERS, CONNECTTNG AND OTHER PARTICIPATING CARRIERS
EXPLANATION OF SYMBOLS
APPLICATION OF TARIFF
TARIFF FORMAT
SECTION 1 DEFINITIONS AND ABBREVIATIONS
SECTION 2 RULES AND REGULATIONS
SECTION 3 SWITCHED ACCESS SERVICE
SECTION 4 RATES AND CHARGES
SECTION 5 CUSTOMER SPECIFIC CONTRACTS
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Issued By:
Effective DateIssued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Teliax, Inc.Idaho Tariff No. I
Original Page 4
ACCESS SERVICE
CONCURRING CARRIERS
No Concurring Carriers
CONNECTTNG CARzuERS
No Connecting Carriers
OTHER PARTICIPATING CARRIERS
No Other Participating Carriers
Issued Bv
Effective Date:
David Aldworth, President
2150 W 29tt'Ave,#200
Denver, Colorado 80211
Issued:
Teliaxr lnc.Idaho Tariff No. I
Original Page 5
ACCESS SERVICE
EXPLANATION OF SYMBOLS
The following symbols are used for the purposes indicated below:
(C) - To signifu changed listing, rule, or condition that may affect rates or charges.
(D) - To signifu discontinued material, including listing, rate, rule, or condition.
(I) - To signifu an increase.
(M) - To signifl, material relocated from or to another part of tariff schedule with no change in
text, rate, rule or condition.
(N) - To signify new material including listing, rate, rule or condition.
(R) - To signiff a reduction.
(S) - To signifu reissued material.
(T) - To signiff change in wording of text but not change in rate, rule, or condition.
Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Issued By:
Effective Date
Teliax, Inc.Idaho Tariff No. 1
OriginalPage 6
ACCESS SERVICE
APPLICATION OF TARIFF
This tariff contains regulations, rates and charges applicable to, Intrastate Access including Switched
Access, End User Access, and other related services, hereinafter referred to as Access Services, provided
by the issuing carrier of the tariff, hereinafter referred to as the Company, to Customers.
Regulations, rates and charges as specified in this tariff apply to Access Services and shall not serue as a
substitute for interexchange carrier tariff offerings of services to end users. The provision of such Access
Services by the Company as set fofth in this tariff does not constitute a joint undertaking with an
interexchange carrier or other provider.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Issued By:
Effective Date:
Teliax, Inc.Idaho TariffNo. 1
Original Page 7
ACCESS SERVICE
A
TARIFF FORMAT
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 Pages l4 and 15 would be 14.1.
Page Revision Numbers - Revision numbers also appear in the upper right corner of each page.
These numbers are used to determine the most current page version on file with the Commission.
For example, the 4th revised Page 14 cancels the 3rd revised Page 14. Because of various
suspension periods, deferrals, etc. that the Commission follows in their tariff approval process,
the most current page number on file with the Commission is not always the tariff page in effect.
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.
2.1.1.A.
2.1.1.4.1.
2.1.1.A.1.(a).
2.1.1.A.1.(a).I.
2.1.1.A.1.(a).I.(i).
2.1.1.A.1.(a).I.(i).( 1 ).
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 an asterisk (*).
There will be no other symbols used on this page if these are the only changes made to it (i.e., the
format, etc., remains the same, just revised revision levels on some pages). The tariff user should
refer to the latest check sheet to find out if a particular page is the most current on file with the
Commission.
David Aldwofth, President
2150 W 29It'Ave,#200
Denver, Colorado 8021 I
B
C
D
Issued Bv:
Effective Date:Issued:
Teliax,Inc.Idaho Tariff No. I
Original Page 8
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS
Access Minutes - Denotes usage of exchange facilities in intrastate service for the purpose of calculating
chargeable minutes of use.
Access Service or Switched Access Service - Access to the switched network of an Exchange Carrier for
the purposes of originating or terminating communications. Access Service is available to carriers as
defined herein.
Access Service Request (ASR) - The Industry service order format used by Access Service Customer and
access providers as agreed to by the ATIS/Ordering & Billing Forum.
Access Tandem - An Exchange Carrier's switching system that provides a traffic concentration and
distribution function for originating or terminating traffic between local switching centers and the
Customer's premises.
Account - The Customer who has agreed, verbally or by signature, to honor the terms of service
established by the Company. An account may have more than one access code and/or operating company
number (OCN) andlor carrier identification code (CIC) billed to the same Customer address.
Answer Supervision - The transmission of the switch trunk equipment supervisory signal (off-hook or on-
hook) to the Customer's point of termination as an indication that the called party has answered or
disconnected.
Authorized User - A person, firm, corporation or other entity that either is authorized by the Customer to use
Access Services or is placed in a position by the Customer, either through acts or omissions, to use Access
Services.
Call - A Customer attempt for which the complete address code is provided to the called end office
Carrier or Common Carrier - Provider of telecommunications services for hire. See also See Interexchange
Carrier or Exchange Carrier.
Carrier Access Code - A uniform seven (7) digit code assigned to an individual carrier. The seven (7)
digit code has the form 950-xxxx or l0l-xxxx.
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Issued By:
Effective Date:Issued:
Teliaxr lnc.Idaho Tariff No. 1
Original Page 9
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Central Office - A local company switching system where the station loops are terminated for purposes of
interconnection to each other and to trunks.
Channel(s) - An electrical or, in the case of fiber optic-based transmission systems, a photonic
communications path between two or more points of termination.
Commercial Mobile Radio Service (CMRS) - A wireless provider of telecommunications services.
Common Channel Signaling (CCS) - A high speed packet switched communications network which is
separate (out of band) ffom the public packet switched and message networks. It is used to carry addressed
signaling messages for individual trunk circuits and/or database related services between signaling points in
the CCS network.
Communications System - Denotes channels and other facilities which are capable of communications
between terminal equipment provided by an entity other than the Company.
Collocation - Carrier facilities and/or equipment located in a Iocal exchange carrier's central office.
Commission - The Federal Communications Commission or the Public Utility Commission of the State in
which service is offered.
Company - Teliax, Inc., unless otherwise indicated by the context.
Constructive Order - Delivery of calls to or acceptance of calls from the Company's end user locations over
Company-switched local exchange services constitutes a Constructive Order by the Customer to purchase
access services as described herein. Similarly, the selection by a Company's end user of the Customer as the
presubscribed IXC constitutes a Constructive Order of switched access by the Customer.
Conventional Signaling - The inter-machine signaling system has been traditionally used in North America
for the purpose of transmitting the called number's address digits from the originating Local Switching Center
which terminates the call. In this system, all of the dialed digits are received by the originating switching
machine, a path is selected, and the sequence of supervisory signals and out pulsed digits is initiated. No
overlap out pulsing ten-digit ANI, ANI information digits, or acknowledgment link are included in this
signaling sequence.
Customer - The person, firm, corporation or other entity which orders the Company's service or receives
the Company's service, including but not limited to an Interexchange Carrier, End User, other
telecommunications carrier, or provider originating or terminating Toll VoIP-PSTN traffic.
Customer Agreement - The mutual agreement between the Company and the Customer for the provision of
the Company's service.
Issued
David Aldworth, President
2150 W 29tt'Ave,#200
Denver, Colorado 8021I
Issued By
Effective Date
Teliax, Inc.Idaho Tariff No. 1
Original Page l0
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Customer-Designated Premises - The premises specified by the Customer for the origination or termination
of Access Services.
Customer Point of Presence (POP) - The physical location associated with the Customer's communication
system.
Dedicated Access or Dedicated Transport - A method for a Customer to directly connect two locations of
their choice with the dedicated (non-switched) services.
Digital Cross Connect System (DCS) - A digital system within a communications network with centralized
switching and cross connection.
Digital Signal Level 0 (DSO) - A dedicated, full duplex digital channel with line speeds of 2.4, 4.8,9.6,
19.2, 56 or 64 Kbps.
Digital Signal Level I (DSl) - A dedicated, high capacity, full duplex channelwith a line speed of 1.544
Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or
Bipolar with 8 Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF)
formats. DS I Service has the equivalent capacity of 24 Voice Grade or DSO services.
Digital Signal Level 3 (DS3) - A dedicated, high capacity, full duplex channel with a line speed of 44.736
Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS).
Equivalent capacity of 28 DSI Services.
Duplex Seruice - Service which provides for simultaneous transmission in both directions
End User - Any individual, association, corporation, governmental agency or any other entity other than an
Interexchange Carrier which subscribes to or uses intrastate service provided by a Carrier.
Entry Switch - The first point of switching.
Exchange - A group of lines in a unit generally smaller than a LATA established by the Company for the
administration of communications services in a specified area. An Exchange may consist of one or more
central offices together with the associated facilities used in furnishing communications services within that
area.
Exchange Carrier - Any individual, partnership, association, joint-stock company, trust, governmental entity
or corporation engaged in the provision oflocal exchange telephone service.
David Aldworth, President
2150 W 29tt' Ave, #200
Denver, Colorado 8021 I
Issued By:
Effective DateIssued:
Teliax,Inc.Idaho Tariff No. I
Original Page l1
ACCESS SERVICE
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Facilities - Denotes any cable, poles, conduit, carrier equipment, wire center distribution frames, central
office switching equipment, etc., utilized to provide the services offered under this tariff.
Feature Group D - Access service which provides trunk side access to Company switches through the use of
end office or access tandem switch trunk equipment. Feature Group D service may be arranged for l0XXXX
dialing or equal access without using a dial code.
Federal Communications Commission - FCC
Fiber Optic Cable - A thin filament of glass with a protective outer coating through which a light beam
carrying communications signals may be transmitted by means of multiple internal reflections to a receiver,
which translates the message.
Firm Order Confirmation (FOC) - Acknowledgment by the Company of receipt of an Access Service
Request from the Customer and commitment by the Company of a Service Date.
Holidays - New Year's Day, Memorial Day, Independence Day, Labor Day, ThanksgivingDay, Christmas
Day.
Hub - The Company office where Customer facilities are terminated for purposes of interconnection to
Trunks andlor cross-connection to distant ends.
Interconnected Wholesale Provider - A company which sells, installs and maintains telephone systems for
end users that interconnects its network to other telecommunication carriers networks for the delivery of
telecommunication services.
Individual Case Basis - A service arrangement in which the regulations, rates and charges are developed
based on the specific circumstances of the Customer's situation.
Interexchange Carrier (lXC) or Interexchange Common Carrier - Any individual, partnership, association,
joint-stock company, trust, govemmental entity or corporation engaged in state or foreign communication for
hire by wire or radio, between two or more exchanges.
InterMTA (Major Trading Area) - For purposes of this tariff, [nterMTA refers to telecommunications traffic
exchanged between a LEC and a CMRS, PCS or Wireless provider that originates and terminates in different
Major Trading Areas as used by the FCC to define coverage for certain services.
Internet Protocol (IP) - The method by which data is sent from one computer to another on the Internet.
lnternet Protocol (IP) Signaling - A packet data-oriented protocol used for communicating call signaling
information.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021I
Issued Bv
Effective Date:
Teliax, Inc.Idaho Tariff No. 1
Original Page 12
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Interstate - For purposes of this tariff, the term Interstate applies to the regulatory jurisdiction of services used
for communications between locations located in different states within the United States or between one or
more location in the United States and one or more intemational locations.
IntraMTA (Major Trading Areas) - For purposes of this tariff, IntraMTA refers to telecommunications traffic
exchanged between aLEC and a CMRS, PCS or Wireless provider that originates or terminates within the
same Major Trading Area as used by the FCC to define coverage for certain services.
Intrastate - For purposes of this tarifl the term Intrastate applies to the regulatory jurisdiction of services for
communications between locations within the same state or services which are not jurisdictionally interstate.
Joint User - A person, firm or corporation designated by the Customer as a user of access facilities fumished
to the Customer by the Company, and to whom a portion of the charges for such facilities are billed under a
joint use arrangement.
LATA (local access and transport area) - A geographic area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-
0192 for the provision and administration of communications services, as amended from time to time.
Local Access - The connection between a Customer's premises and a point of presence of the Exchange
Carrier.
Local Calling Area - A geographical area as defined in the Company's local or general exchange service
tariff(s) in which an end user may complete a call without incurring toll usage charges.
Local Switching Center - The switching center where telephone exchange service Customer station channels
are terminated for purposes of interconnection to each other and to interoffice trunks.
Message - A message is a Call as defined above
Network - Those telecommunication facilities operated by the Company and excludes any
telecommunication facilities that are operated by other telecommunication providers.
Network Services - The Company's telecommunications Access Services.
Nonrecurring Charges - The one-time initial charges for services or facilities, including but not limited to
charges for construction, installation, or special fees.
Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Issued By:
Effective Date
Teliax, Inc.Idaho Tariff No. I
Original Page l3
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
OC-12 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based
on the SONET Standard at a rate of 622.08 Mbps.
OC-3 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based
on the SONET Standard atarate of 155.52 Mbps.
Off-Hook - The active condition of switched access or a telephone exchange service line.
Off-Net - A Customer is considered to be Off-Net when its point of presence is not served by the same Hub
in which the Company's Local Switching Center, which is providing service to the Customer, is located.
On-Hook - The idle condition of switched access or a telephone exchange service line.
On-Net - A Customer is considered to be On-Net when its point of presence is served by the same Hub in
which the Company's Local Switching Center, which is providing service to the Customer, is located.
Originating Direction - The use of Switched Access Service for the origination of calls fiom an end user or
Customer premises to an IXC premises or to another Local Exchange Carrier or CMRS provider.
Out of Band Signaling - An exchange access signaling feature which allows a Customer to exchange call
control and signaling information over a communications path which is separate from the message path.
Point of Presence (POP) - Location where the Customer maintains a facility for purposes of interconnecting
to the Company's Network.
Point of Termination - The point of demarcation within a Customer-designated premises at which the
Company's responsibility for the provision of access service ends. The point of demarcation is the point of
interconnection between Company communications facilities and Customer-provided facilities as described
in Part 68 of the Federal Communications Commission's Rules and Regulations.
Premises - The physical space designated by a Customer or Authorized User for the termination of the
Company's service.
Presubscription - An arrangement whereby an end user may select and designate to the Company an
Interexchange Carrier (IXC) or Carriers it wishes to access, without an Access Code, for completing toll
calls. The selected IXC is refered to as the end user's Primary Interexchange Carrier (PIC). The end user
may select any IXC that orders FGD Access Service at the Local Switching Center that serves the end user.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Issued By:
Effective Date:
Teliaxr lnc.Idaho Tariff No. I
Original Page 14
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which
continue for the agreed upon duration ofthe service.
Service Commencement Date - The first day following the date on which the Company notifies the Customer
that the requested service or facility is available for use, unless extended by the Customer's refusal to accept
service which does not conform to standards set forth in the Service Order or this tariff, in which case the
Service Commencement Date is the date of the Customer's acceptance of service. The pa(ies may mutually
agree on a substitute Service Commencement Date. If the Company does not have an executed Service
Order from a Customer, the Service Commencement Date will be the first date on which the service or
facility was used by the Customer. For a Tandem Connect Customer, the Service Commencement Date will
be the first date on which the service or facility was used by the Customer.
Service Order - The written request for Network Services executed by the Customer and the Company in a
format devised by the Company; or, in the alternative, the submission of an Access Service Request by the
Customer in the manner specified in this tariff.
Service(s) - The Cornpany's telecommunications Access Services offered on the Company's Network.
Serving Wire Center - The wire center from which the Customer-designated premises would normally obtain
dial tone from the Company.
Shared Facilities - A facility or equipment system or subsystem which can be used simultaneously by several
Customers.
Signaling Point of Interface - The Customer designated location where the SS7 signaling information is
exchanged between the Company and the Customer.
Signaling System 7 (SS7) - The Common Channel Out of Band Signaling protocol developed by the
Consultative Committee for Intemational Telephone and Telegraph (CCITT) and the American National
Standards Institute (ANSI).
Signaling Transfer Point Access - Allows the Customer to access a specialized switch which provides SS7
network access and performs SS7 messaging routing and screening.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Issued Bv
Effective Date
Teliax,Inc.ldaho Tariff No. 1
Original Page l5
ACCESS SE,RVICE
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Time Division Multiplexing (TDM) - A method of transmitting and receiving voice signals over the
Public Switched Telephone Network (PSTN).
Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer-
designated premises.
Terminating direction - The use of Access Service for the completion of calls from an IXC or Carrier
premises to and end user or Customer premises.
Toll VOIP-PSTN Traffic -The traffic exchanged in time division multiplexing ("TDM") format that
originates and/or terminates in Internet Protocol ("1P") format. Traffic originates and/or terminates in IP
format if it originates from andlor terminates to an end user customer of a service that requires lntemet
protocol compatible customer premises equipment.
Transmission Path - An electrical path capable of transmitting signals within the range of the service
offering. A transmission path is comprised of physical or derived facilities consisting of any form or
configuration of plant used in the telecommunications industry.
Trunk - A communications path connecting two switching systems in a network, used in the establishment of
an end-to-end connection.
Trunk Group - A set of trunks which are traffrc engineered as a unit for the establishment of connections
between switching systems in which all of the communications paths are interchangeable.
VoIP Service - Transmission of communication by aid of wire, cable, radio, or other like connection
using Voice Over Internet Protocol that is originated or tenninated in Internet Protocol (IP) format. VoIP
Services are those services that require the use of IP compatible customer premises equipment.
Wire Center - A physical location in which one or more central offices, used for the provision of
exchange services, are located.
Issued
David Aldworth, President
2150 W 29t1'Ave,#200
Denver, Colorado 8021 I
Issued Bv
Effective Date:
Special Access - See Dedicated Access.
Term Agreement - A method of purchasing the Company's services whereby the Customer agrees to
purchase service between specific locations for a specified and mutually agreed upon length of time.
Teliax,Inc.Idaho Tariff No. I
Original Page 16
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS
2.1 Undertaking of the Company
The Company's service, pursuant to this tariff, is furnished to a Customer for intrastate
communications. The Company's service is available twenty-four hours per day, seven days per
week.
The Company arranges for installation, operation, and maintenance of the service provided in this
tariff for the Customer in accordance with the rules and regulations set forth herein and in other
relevant Company tariffs.
Access Service consists of access to the switched network of an exchange carrier for the purpose of
originating or terminating communications. Access Service is available to carriers as defined herein.
2.2 Limitation of Service
2.2.1 Service is offered subject to the availability of the necessary facilities andlor equipment
and subject to the provisions of this tariff. The Company may decline applications for
service to or from a location where the necessary facilities or equipment are not available.
The Company may discontinue furnishing service in accordance with this tariff.
2.2.2 The Company reserves the right to discontinue or lirnit service when necessitated by
conditions beyond its control (examples of these conditions are more fully set forth
elsewhere in this tariff), or when service is used in violation of provisions of this tariff or
the law.
2.2.3 The Company reserues the right to discontinue service, limit service, or to impose
requirements as required to meet changing regulatory or statutory rules and standards, or
when such rules and standards have an adverse material affect on the business or
economic feasibility of providing service, as determined by the Company in its
reasonable judgment.
2.2.4 The Company does not undertake to transmit messages, but offers the use of its service
when available, and, as more fully set forth elsewhere in this tariff shall not be Iiable for
errors in transmission or for failure to establish connections.
Issued By:
Effective DateIssued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliaxo Inc.Idaho Tariff No. I
Original Page 17
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.3 Assignment or Transfer of Service
All service provided under this tariff is directly or indirectly controlled by the Company, and the
Customer may not transfer or assign the use of service without the express prior written consent
of the Company. Such transfer or assignment shall only apply where there is no interruption of
the use or location of service. All rules and regulations contained in this document shall apply to
all such permitted transferees or assignees, as well as all conditions of service.
2.4 Use of Service
2.4.1 Service may be used for any lawful purpose by the Customer or by any end user
2.4.2 The Customer obtains no properly right or interest in the use of any specific type of
facility, service, equipment, number, process, or code. All right, title and interest to such
items remain, at all times, solely with the Company.
2.4.3 Recording of telephone conversations of service provided by the Company under this
tariff is prohibited except as authorized by applicable federal, state and local laws.
2.4.4 Any service provided under this tariff may be resold or shared (ointly used) with other
persons at the Customer's option. The Customer remains solely responsible for all use of
service ordered by it or billed to its account(s) pursuant to this tariff, for detennining who
is authorized to use its service, and for promptly notifuing the Company of any
unauthorized use. The Customer may advise its customers that a portion of its service is
provided by the Company, but the Customer shall not represent that the Company jointly
participates with the Customer in the provision of the service.
2.4.5 Except as otherwise provided herein, service is provided and billed on the basis of a
minimum period of at least one month and shallcontinue to be provided until canceled by
the Customer, in writing, on not less than 30 days notice. Unless otherwise specified
herein, forthe purpose of computing charges in this tariff,a month is considered to have
30 days.
Issued By
Effective Date:Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Teliax,Inc.Idaho Tariff No. 1
Original Page l8
ACCE,SS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.4 Use of Service, (Cont'd.)
2.4.6 The Customer may be required to enter into written Service Orders which shall contain or
reference the name of the Customer, a specific description of the service ordered; the rate to
be charged, the duration of the services, and the rules and regulations in this tariff. The
Customer will also be required to execute any other documents as may be reasonably
requested by the Company.
2.4.7 Upon expiration of the initial term specified in each Service Order, or in any extension
thereof, the service term will renew automatically at the same rules and regulations for
successive one-year terms unless either parly notifies the other 30 days prior to the
expiration of the then current term that it wishes to terminate the service. Any
termination shall not relieve the Customer of its obligation to pay any charges incurred under
the Service Order and this tariff prior to termination including, but not limited to, any fees
for early termination. The rights and obligations which by their nature extend beyond the
termination of the term of the Service Order shall survive such termination.
2.4.8 Non-routinelnstallation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in unusual locations. In such cases, charges based on
cost of the actual labor, material, and/or other costs incurred by or charged to the Company
will apply. If installation is started during regular business hours but, at the Customer's
request, extends beyond regular business hours into periods including, but not limited to,
weekends, holidays, and/or night hours, additional charges may apply.
Issued By
Effective DateIssued
David Aldworth, President
2150 w 29tt'Ave,#200
Denver, Colorado 8021 I
Teliax,Inc.Idaho Tariff No. I
Original Page 19
ACCESS SERVICE
2.4
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
Use of Service, (Cont'd.)
2.4.9 SpecialConstruction
Subject to the agreement of the Company and to the terms contained in this tariff, special
construction of facilities may be undertaken on a reasonable efforts basis at the request of the
Customer. Special construction is construction undertaken and characterized by one or more
of the following:
where facilities are not presently available and there is no other requirement for the
facilities so constructed;
of a type other than that which the Company would normally utilize in the
fumishing of its services;
over a route other than that which the Company would normally utilize in the
furnishing of its services;
in a quantity greater than that which the Company would normally construct;
involving abnormal costs;
on an expedited basis;
on a temporary basis until permanent facilities are available; or
in advance of its normal construction.
Special construction charges for Access Service will be determined on an Individual Case
Basis.
2.4.10 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
partners, agents, contractors or suppliers.
A.
B.
C.
D.
E.
F.
G.
H.
Issued By:
Effective DateIssued
David Aldworth, President
2150 W 29tt'Ave,#200
Denver, Colorado 8021 I
Teliax, Inc.Idaho Tariff No. I
Original Page 20
ACCESS SERVICE
2.5
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
Discontinuance and Restoration of Service
Service continues to be provided until canceled by the Customer, in writing, or until canceled by
the Company as set foth below. The Company may render bills subsequent to the termination of
service for charges incurred before termination.
2.5.1 Cancellation by the Customer
The Customer may have service discontinued upon written notice to the Company. The
Company shall hold the Customer responsible for payment of all bills for service
furnished until the cancellation date specified by the Customer or until the date that the
written cancellation notice is received, whichever is later. A termination liability charge
applies to early cancellation of a term agreement.
2.5.2 Cancellation by the Company
For Nonpayment: The Company, by written notice to the Customer and in
accordance with applicable law, may discontinue service or cancel an application
for service without incurring any liability when there is an unpaid balance for
service that is more than 30 davs overdue.
For Returned Checks: The Customer whose check or draft is returned unpaid for
any reason, after two attempts at collection, shall be subject to discontinuance of
service in the same manner as provided for nonpayment of overdue charges.
The Customer shall be subject to discontinuance of service, without notice, for
any violation of any law, rule, regulation or policy of any government authority
having jurisdiction over service or of any of the provisions governing the
furnishing of service under this tariff, or by reason of any order or decision of a
couft or other government authority having jurisdiction which prohibits the
Company from furnishing such service.
D.For the Company to comply with any order or request of any governmental
authority having jurisdiction, the Customer shall be subject to discontinuance of
service, without notice.
A.
B
C
Issued By:
Effective Date:Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Teliaxr lnc.Idaho Tariff No. I
Original Page 21
ACCESS SERVICE
2.5
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
Discontinuance and Restoration of Service, (Cont'd.)
2.5.3 Restoration of Service
A If service has been discontinued for nonpayment or as otherwise provided herein
and the Customer wishes it continued, service shall, at the Company's discretion,
be restored when all past due amounts are paid or the event giving rise to the
discontinuance (if other than nonpayment) is corrected and Customer pays a
deposit at Company's discretion. Nonrecurring charges apply to restored
services.
Restoration of disrupted services shall be in accordance with Federal
Communications Commission Rules and Regulations, which specifu the priority
system for such activities.
2.6 Cancellation of Application for Service
If the Customer cancels its order for service prior to the service due date, a Cancel Order Charge
will apply. Charges are reflected in the Rate Section.
2.6.1 In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or
attempting to collect, any charges owed the Company, the Customer will be liable to the
Company for the payment of all such fees and expenses reasonably incurred.
2.6.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs the Company incurred less net salvage, shall apply, but in no case
shall this charge exceed the sum of the charge for the minimum period of services ordered,
including installation charges, and all charges others lery against the Company that would
have been chargeable to the Customer had service begun.
B.
Issued By:
Effective DateIssued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliax,Inc.Idaho Tariff No. I
Original Page 22
ACCESS SERVICE
2.7
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
Minimum Period
The minimum period for which services are provided and for which rates and charges are
applicable is one month unless otherwise specified. When a service is discontinued prior to the
expiration of the minimum period, charges are applicable, whether the service is used or not.
2.8 Term Agreements
The Company may offer Term Agreements wherein the Customer agrees to retain specified
Company services for a mutually agreed upon length of time. A Termination Liability charge
applies to early termination of a Term Agreement.
Upon expiration of a term contract, the service term will renew automatically at the same rules
and regulations for successive one-year terms unless either party notifies the other 30 days prior
to the expiration of the then current term that it wishes to terminate the service.
Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
Issued Bv:
Effective Date:
Teliax, Inc.Idaho Tariff No. 1
Original Page 23
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.9 Billing and Payments
All bills for seruice provided to the Customer by the Company are due and payable on the due
date printed on the invoice ("Due Date"), which is one day prior to the date of the next monthly
invoice and are payable in immediately available funds.
2.9.1 The Company shall bill on a current basis all charges incurred by and credits due to the
Customer. The Customer may receive its bill in: 1) a paper format,2) on CD-ROM, or 3)
via electronic transmission. Such bills are due on the Due Date regardless of the media
utilized. The Company shall bill in advance charges for all services to be provided
during the ensuing billing period except for charges associated with service usage.
Adjustments for the quantities of service established or discontinued in any billing period
beyond the minimum period of service will be prorated to the number of days based on a
30-day month. The Company will, upon request and if available, fumish such detailed
information as may reasonably be required for verification of the bill.
2.9.2 The Company may assess charges for provisioning of additional copies of bills. See
Section No. 4 for applicable rates and charges.
2.9.3 The Company, upon request of call detail records, including but not limited to,
intraLATA toll free and intrastate access and resale services, may assess charges for the
provisioning of these records. The call detail records will be in Exchange Message
Interface (EMI) Industry format. See Section No. 4 for applicable rates and charges.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021I
Issued By:
Effective Date:
Teliax,Inc.Idaho Tariff No. 1
Original Page 24
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.9 Billing and Payments, (Cont'd.)
Further, if any portion of the payment is received by the Company after the payment Due
Date as set forth above, or if any portion of the payment is received by the Company in
funds which are not immediately available to the Company, a late payment penalty shall
be due the Company. Any payment or portion thereof not received by the Due Date is
subject to a late charge on the unpaid amount at the lesser of 1.5Y0 per month or the
maximum rate permitted by law.
2.9.s A charge of $25.00 (twenty-five dollars) or the current allowable amount will be assessed
for any check or other form of payment returned by the drawee bank or other financial
institution for insufficient or uncollected funds, closed account, apparent tampering,
missing signature or endorsement, or any other insufficiency or discrepancy necessitating
return of the instrument at the discretion of the drawee bank or financial institution. This
charge will be assessed in addition to any charges assessed by the drawee bank or any
other fi nancial institution.
2.9.4
Issued By:
Effective Date:Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Teliaxr lnc.Idaho Tariff No. I
Original Page 25
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.9 Billing and Payments, (Cont'd.)
The Company will establish a bill day each month for each Customer account. The bill
will cover charges for the billing period for which the bill is rendered, plus any known
unbilled charges and adjustments for any prior periods.
There are three types of rates and charges that apply to Access Service. These are monthly
Recurring Charges, usage rates and Nonrecurring Charges.
A. Monthly Recurring Charges
Monthly Recurring Charges are flat rates for facilities that apply each month or
fraction thereof that a specific rate element is provided.
B. Usage Rates
Usage rates are rates that are applied on a per unit of measure basis, such as per
access minute or per query. Usage rates are accumulated over a monthly period.
C. Nonrecuning Charges
Nonrecuming Charges are one time charges that apply for a specific work activity
(i.e., installation of new service or change to an existing service).
Installation of Service: Nonrecurring Charges apply to each Access Service
installed. The charge is applied per line or Trunk.
2.9.6
Issued By:
Effective DateIssued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021I
l.
Teliaxr lnc.Idaho Tariff No. I
Original Page 26
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.10 Claims and Disputes
Objections to billed charges must be reported to the Company within 120 calendar days of the
date of the invoice associated with the disputed charges, or the invoice shall be deemed correct
and all rights to dispute such charges are waived. Claims must include all supporting
documentation. The Company shall make adjustments to the Customer's invoice to the extent
that circumstances exist which reasonably indicate that such changes are appropriate.
2.10.1 If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest credits or penalties will apply.
2.10.2 If the dispute is resolved in favor of the Customer and the Customer has paid the disputed
amount, the Customer will receive an interest credit from the Company for the disputed
amount times a late factor as set fofih in Section 2.9 of this tariff.
2.10.3 If the dispute is resolved in favor of the Company and the Customer has paid the disputed
amount on or before the payment due date, no interest credit or penalties will apply.
2.10.4 lf the dispute is resolved in favor of the Company and the Customer has withheld the
disputed amount, the Customer must, within five (5) business days following written,
electronic or telephonic notice of the resolution, pay the disputed amount including the
late penalty as set forth in Section 2.9 of this tariff.
Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Issued By:
Effective Date:
Teliaxr lnc.Idaho Tariff No. I
Original Page27
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.ll Deposits
2.ll.l If the Company can prove that the Customer is likely to be a credit risk or to damage
property of the Company, the Customer shall make a deposit before a service is fumished
or continued. Such deposit shall be held as a guarantee for the payment ofcharges. The
Company may require such a deposit if the Company considers this action necessary to
safeguard its interests. The deposit shall not exceed two (2) months' charges for local
exchange seruice.
A.
B.
Interest on deposits held shall be payable and accrued at a rate set by the Idaho
PUC under the provisions of IDAPA 3 1 .4 1 .01 . I 06
When a service is discontinued the arnount of any deposit held by the Company,
plus accrued interest, will be applied to the Customer's account and any credit
balance remaining will be refunded.
2.11.2 Customer's deposit will be retumed, with accrued interest, when the customer has
maintained good credit by making payments for all undisputed amounts due the
Company before temporary or peffnanent disconnection for twelve (12) months. Any
deposit, plus accrued interest, may be applied to the Customer's telephone account
following completion of twelve months' satisfactory payment.
Issued:
David Aldworth, President
2150 W 29tt'Ave,#200
Denver, Colorado 8021 I
Issued By:
Effective Date:
Teliaxr lnc.Idaho Tariff No. I
Original Page 28
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.12 Inspection, Testing and Adjustment
2.12.1 The Company may, upon reasonable notice, make such tests and inspections as may be
necessary to determine whether this tariff is being complied with in the installation,
operation or maintenance of the Customer's or the Company's facilities or equipment.
The Company may interrupt service at any time, without penalty or liability, due to the
departure from or reasonable suspicion of the departure from any of these rules and
regulations.
2.12.2 Upon reasonable notice, the facilities or equipment provided by the Company shall be
made available to the Company for such tests and adjustments as may be necessary for
their maintenance in a condition satisfactory to the Company. No interruption allowance
shall be granted for the time during which such tests and adjustments are made, unless
such interruption exceeds twenty-four (24) hours in length and is requested by the
Customer.
2.13 Interconnection
2.13.1 Service furnished by the Company may be interconnected with services or facilities of
other authorized communications common carriers and with private systems, subject to
technical limitations established by the Company.
2.13.2 Interconnection with the services or facilities of other common carriers shall be executed
in accordance with this tariff and the rules and regulations of the other common carrier's
tariff(s).
2.13.3 The Customer shall ensure that the facilities or equipment provided by the Customer are
properly interconnected with the facilities or equipment of the Company. If the Customer
maintains or operates the interconnected facilities or equipment in a manner which results
or may result in harm to the Company's facilities, equipment, personnel, or the quality of
service, the Company may require the use of protective equipment at the Customer's
expense. If this action fails to eliminate the actual or potential harm, the Company may,
upon written notice, terminate the existing service of the Customer.
David Aldworth, President
2150 W 29th Ave, #200
Denver, Colorado 8021 I
Issued By
Effective Date:Issued:
Teliaxr lnc.Idaho Tariff No. 1
Original Page 29
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.14 Liability of the Company
2.14.1 The liability of the Company, or any other common carrier or other service provider that
furnishes any portion of the Company's services, for damages of any nature arising from
errors, mistakes, omissions, interruptions, or delays of the Company, its agents, servants,
or employees, in the course of establishing, furnishing, rearranging, moving, terminating,
or changing regulated or non-regulated service or facilities or equipment (including the
obtaining or furnishing of information in respect thereof or with respect to the Customers
of the service or facilities) will not exceed an amount equal to the MRC (calculated on a
proportionate basis) for the affected service during the period which such error, mistake,
omission, interruption or delay occurs. The extension of such allowances shall be the
sole remedy of the Customer and the sole liability of the Company.
2.14.2 The Company will not be liable at any time or under any circumstance for indirect,
consequential, special incidental, reliance, special, punitive or consequential damages
(including, without limitation, harm to business, lost revenues, lost savings, lost
opportunity, harm to business or loss of profits) in connection with services rendered to
the Customer under this tariff.
2.14.3 When the services or facilities of other common carriers are used separately or in
conjunction with the Company's facilities or equipment in establishing connection to
points not reached by the Company's facilities or equipment, the Company is not liable
under any circumstances for any act, omission, error, mistake, interruption or delay of
any connecting carrier or other service provider or their respective agents. servants or
employees; nor will the Company have any such liability for providers of connections,
equipment, facilities, or services other than the Company or its agents, servants, or
employees.
2.14.4 The Company is not liable for interruptions, errors, delays, or defects in transmission
when caused by strike or other labor problems, power fluctuations, surges or failures,
national emergencies, insurrections, acts of God, war, fire, flood, adverse weather
conditions, explosion, vandalism, acts of terrorism, riots, government authorities, cable
cut, ordinances, laws, rules, regulations or restrictions, condemnation or exercise of rights
of eminent domain, or other causes beyond the Company's control.
2.14.5 The Company will not be liable under any circumstances for any act, omission, error,
mistake, interruption or delay of any person or entity owning telecommunications
facilities used by the Customer or who furnishes facilities or services connected with or
provided in conjunction with the Company's selice; or for the culpable conduct of the
Customer, its agents, servants, employees, invitees, or guests, or failures of equipment,
facilities or connections provided by the Customer.
Issued:
David Aldworth, President
2150 W 29tt'Ave,#200
Denver, Colorado 8021 I
Issued By:
Effective Date:
Teliaxr lnc.Idaho Tariff No. I
Original Page 30
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D,)
2.14 Liability of the Company, (Cont'd.)
2.14.6 The included tariff 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 and consequential damage claims. It is also the court's
responsibility to determine the validity of the exculpatory clause.
2.15 Liability of the Customer
2.15.1 The Customer will be liable for damages to the facilities of the Company and for all
incidental and consequential damages caused by the negligent or intentional acts or
omissions of the Customer, its officers, directors, employees, agents, invitees or
contractors where such acts or omissions are not the direct result of the Company's
negligence or intentional misconduct.
2.15.2 Indemnification by the Customer
The Customer and any authorized or joint users, jointly and severally shall indemnifu,
defend and hold the Company harmless against claims, loss, damage, expense (including
attorneys' fees and court costs) for (i) libel, slander, or infringement of copyright or
unauthorized use of any trademark, tradename or service mark arising from the material
transmitted over its facilities; (ii) infringement of patents arising from combining with, or
using in connection with, facilities of the Company, equipment and systems of the
Customer; (iii) all claims of any kind by Customer's end users; and (iv) all other claims
including, without limitation, claims for damage to any business or properry or injury to,
or death of, any person arising out of any act or omission of the Customer in connection
with facilities provided by the Company or the Customer. In the event any such
infringing use is enjoined, the Customer, authorized user or joint user at its option and
expense, shall obtain immediately a dismissal or stay of such injunction, obtain a license
or other agreement so as to extinguish any claim of infringement, or terminate the
claimed infringing use or modif, such infringement. The Customer and any authorized
or joint users, jointly and severally shall also indemnifz, defend and hold the Company
harmless against: all claims, demands, losses or liabilities, including, but not limited to,
fees and expenses ofcounsel, arising out of, occasioned by, or in connection with, any act
or omission of the Customer or of any person utilizing the Customer's codes, services,
equipment, or facilities, with or without the consent or knowledge of the Customer.
Service is furnished subject to the conditions that it will not be used: (1) to make foul or
profane expressions, (2) to impersonate another person with fraudulent or malicious
intent, (3) to call another person so frequently, or at such times, or in any other manner so
as to annoy, abuse, threaten, or harass the other person, (a) for any other unlawful
purpose, or (5) in such a manner as to interfere with the use of the service by any other
user.
Issued By
Effective DateIssued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliax,Inc.Idaho Tariff No. I
Original Page 31
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.15 Liability of the Customer, (Cont'd.)
2.15.3 Customer-Provided Equipment
The service and facilities furnished by the Company are subject to the following
limitations: the Company shall not be liable for damage arising out of mistakes,
omissions, interruptions, delays, erors or defects in transmission or other injury,
including but not limited to injuries to persons or properfy from voltages or currents
transmitted over the facilities of the Company caused by Customer-Provided equipment
or premises wire. The Company shall have no obligation to install, maintain, repair or
operate Customer-provided equipment. In the event that the Company, in responding to a
Customer-initiated service call, determines that the cause of such service call is a failure,
malfunction or inadequacy of Customer-provided equipment, the Customer must
compensate the Company for such service call at the prevailingrate.
2.15.4 Use of Facilities of Other Companies - When the facilities of other companies are used in
establishing a connection, the Company is not liable for any act, error, omission, or
interruption caused by the other company or their agents or employees. This includes the
provision of a signaling system database by another company.
Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
Issued By:
Effective Date
Teliax,Inc.Idaho Tariff No. I
Original Page 32
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.16 Taxes and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer. Taxes and fees
include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross
Receipts Tax. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer invoices.
Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Issued By:
Effective Date
Teliax,Inc.Idaho Tariff No. 1
Original Page 33
ACCESS SERVICE
2.11
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
Jurisdictional Reporting
2.17.1 Switched Access Services
For purposes of determining the jurisdiction of Switched Access Services (originating toll
free, terminating traffic and VoIP-PSTN traffic), to the extent the Company receives
sufficient call detail to permit it to determine the jurisdiction of some or all originating and
terminating access minutes of use, the Company will use that call detail to render bills for
those minutes. To the extent call detail is not available the jurisdictional reporting
requirements specified below will apply.
When a Customer orders Access Services, its projected Percent Interstate Usage (PIU) must
be provided to the Company. Except to the extent the Company has sufficient call detail to
determine the jurisdiction of the call, these percentages will be used by the Company to
apportion the usage and/or charges between interstate and intrastate until a revised report is
received as set forth herein.
To the extent that sufficient call detail is unavailable and the Customer has failed to provide
its projected PlU, the Company shall allocate unidentifiable minutes subject to the PIU as 50
percent interstate traffic and 50 percent intrastate traffic.
Based on distribution of traffic (identifiable, Customer based PIU, Default PIU), Company
may derive an aggregated factor.
2.17.2 IntraLATA Toll Usage
For purposes of determining the jurisdiction of IntraLATA Toll Usage termination, to the
extent the Company receives sufficient call detail to permit it to determine the jurisdiction of
some or all originating and terminating IntraLATA Toll minutes of use, the Company will
use that call detail to render bills for those minutes. To the extent call detail is not available,
the jurisdictional reporting requirements specified below will apply.
Issued By:
Effective Date:Issued
David Aldworth, President
2150 w 29tt' Ave, #200
Denver, Colorado 8021 1
Teliax,Inc.Idaho Tariff No. I
Original Page 34
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.17 JurisdictionalReporting,(Cont'd.)
2.17.2 IntraLATA Toll Usage, (Cont'd.)
When a Customer terminates IntraLATA Toll Usage, its projected Percent Local Usage
(PLU) must be provided to the Company. Except to the extent the Company has sufficient
call detail to determine the jurisdiction of the call, these percentages will be used by the
Company to apportion the usage and/or charges between IntraLATA Toll and local until a
revised report is received as set forth herein.
To the extent that sufiicient call detail is unavailable and the Customer has failed to provide
its projected PLU, the Company shall allocate unidentifiable minutes subject to the PLU as
50 percent IntraLATA Toll Usage traffic and 50 percent localtraffic.
Based on distribution of traffic (identifiable, Customer based PLU, Default PLU), the
Company may derive an aggregated factor.
2.17.3 Jurisdictional Reporting Timelines
The Customer shall provide to the Company, to be received no later than 15 days after the
end of each quarter, a revised report reflecting the aforementioned factors, as applicable, for
the past three (3) months, for each service arranged for use, based solely on the traffic
originating from or terminating to the Company. The quarterly report will serve as the basis
for the next three (3) months billing and will be effective on the bill date for that service. If
the Customer does not supply the reports for services where reports are needed, the
Company will assume the percentages to be the same as was previously provided in the most
recent report(s).
Issued Bv:
Effective Date:Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliax,Inc.Idaho Tariff No. 1
Original Page 35
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.17 JurisdictionalReporting,(Cont'd.)
2.17.4 Jurisdictional Reports
If a billing dispute arises or a regulatory commission questions any of the factors, the
Customer will provide the data issued to determine the applicable factor. The Customer will
supply the data within 30 days of the Company request.
The Customer shall keep records of call detail, description of the method for determining
how end users originate and terminate calls in IP format, and other information from which
the appropriate factors can be ascertained and, upon request of the Company, shall make the
records available for inspection as reasonably necessary for purposes of verification of the
factors. The Company reserves the right to conduct an audit, internally or with an extemal
firm, at any time during the year. The Customer, at its own expense, has the right to retain an
independent auditing firm.
In the event that an audit reveals that any Customer reported factors are incorrect, the
Company shall apply the audit results to all usage affected by the audit. The Customer
shall be back-billed or credited, for a period retroactive to the date that the incorrect
percentage was reported, but not to exceed l2 months. Back-billed amounts are subject to
a late payment penalty and payment shall be made in immediately available funds by the
due date printed on the invoice.
Should an audit reveal that the misreported factors resulted in an underpayment of usage
charges to the Company of five percent or more of the total usage charges, the Customer
shall reimburse the Company for the cost of the audit. Proof of cost shall be the bills, in
reasonable detail, submiued to the Company by the auditor.
Within 15 days of completion of the auditor's reporl, the Company will furnish a copy of
the audit results to the person designated by the Customer to receive such results.
Issued By
Effective Date:Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
ACCESS SERVICE
Teliax,Inc.Idaho Tariff No. I
Original Page 36
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.18 Identification and Rating of Toll VoIP-PSTN Traffic
This section governs the identification of Toll VoIP-PSTN Traffic that is required to be
compensated at interstate access rates unless the parties have agreed otherwise by the F.C.C. in its
Report and Order in WC Dockets Nos. l0-90, etc., F.C.C. Release No. l1-l6l (November 18,
20ll) (F.C.C. Order). Specifically, this section establishes the method of separating Toll VoIP-
PSTN Traffic from the Customer's traditional intrastate access traffic, so that Toll VoIP-PSTN
Traffic can be billed in accordance with the F.C.C. Order. Toll VoIP-PSTN Traffic identified in
accordance with this tariff section will be billed at rates set forth in the Company's applicable
interstate switched access Tariff FCC No. 1.
2.18.1 Calculation and Application of PercentVoIP-PSTN-Usage Factors
The Company will determine the number of relevant VoIP-PSTN Traffic minutes of use
("MOU") to which interstate rates will be applied under Section 4,by applying a Percent
VoIP Usage ("PVU") factor to the total terminating intrastate access MOU (however
determined - either based on call detail information, access lines or PIU) exchanged
between the Company and the Customer. On and after July 7, 2074, the PVU will be
applied to both originating and terminating intrastate access MOU. The PVU will be
derived and applied as follows:
A.The Customer will calculate and furnish to the Company a factor (the "PVU-A")
representing the percentage of the total intrastate access MOU that the Customer
exchanges with the Company in the State, that (a) is terminating access sent to
the Company and that originates in IP format; or (b) is originating access
received from the Company and terminates in IP format after June 30, 2014. This
PVU-A shall be based on information such as the number of the Customer's retail
VoIP subscriptions in the State (e.g., as reported on FCC Form 477), traffic
studies, actual call detail, or other relevant and verifiable information.
Company will, likewise, calculate a factor (the "PVU-B") representing the
percentage of the Company's total intrastate access MOU in the State that the
Company originates or terminates in IP format. Through June 30, 2014, the
PVU-B will represent only terminating access MOU. This PVU-B shall be based
on information such as the number of the Company's retail VoIP subscriptions in
the State (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or
other relevant and verifiable information.
B
Issued By:
Effective Date:Issued
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliax,Inc.Idaho Tariff No. I
Original Page 37
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.18 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
2.18.1 Calculation and Application of PercentVoIP-PSTN-Usage Factors, (Cont'd.)
C The Company will use the PVU-A and PVU-B factors to calculate an effective
PVU factor that represents the percentage of total intrastate access MOU
exchanged between the Company and the Customer that is originated and/or
terminated in IP format, whether at the Company's end, at the Customer's end, or
at both ends. Through June 30, 2014, the PVU will represent only terminating
intrastate access MOU. The effective PVU factor will be calculated as the sum
of: (A) the PVU-A factor and (B) the PVU-B factor times (1.0 minus the PVU-A
factor).
The Company will apply the effective PVU factor to the applicable intrastate
access MOU exchanged with the Customer, as described above, to determine the
number of relevant VoIP-PSTN Traffrc MOUs.
Example I The PVU-B is 5%o and the PVU-A is l0%. The effective PVU
factor is equal to 14.5%o PVU-A + (PVU-B x (1- PVU-A)) :
PVU%. The Company will bill 14.5% of the Customer's
applicable intrastate access MOU in accordance with the
Company's interstate switched access tariff.
Example 2:The PVU-B is 0% and the PVU-A is l0%. The effective PVU
factor is 10% PVU-A + (PVU-B x (1- PVU-A)): PVU%. The
Company will bill 10%o of the Customer's applicable intrastate
access MOU in accordance with the Company's interstate
switched access tariff.
Example 3 The PVU-A is 100%. No matter what the PVU-B factor is, the
effective PVU is 100%. The Company will bill 100% of the
Customer's applicable intrastate access MOU in accordance with
the Company's interstate switched access tariff.
D
Issued Bv:
Effective Date:Issued:
David Aldwofth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliaxr lnc.Idaho Tariff No. I
Original Page 38
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.18 Identification and Rating of TollVoIP-PSTN Traffic, (Cont'd.)
2.18.1 Calculation and Application of PercentVolP-PSTN-Usage Factors, (Cont'd.)
E.If the Customer does not furnish the Company with a PVU-A pursuant to the
preceding paragraph l, the Company will utilize a PVU equal to the PVU-B. For
example, if the PVU-B factor is 0%o, the Company will utilize a PVU equal to
zero.
The Customer shall not modiff their reported PIU factor to account for Toll
VoIP-PSTN Traffic.
The Customer shall retain the call detail, work papers, and information used to
develop the PVU factors for a minimum of one year.
2.18.2. PVU Factor Updates
The Customer may update the PVU-A factor quarterly. The Company may also update
the PVU-B factor quarterly. The revised PVU factor will serve as the basis for future
billing and will be effective on the bill date of each such month and shall serve as the
basis for subsequent monthly billing until superseded by new PVU factors.
F
G
Issued Bv:
Effective Date:Issued:
David Aldworlh, President
2150 W 29th Ave,#200
Denver, Colorado 8021 I
Teliaxr lnc.Idaho Tariff No. 1
Original Page 39
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.18 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
2.18.3 PVU Factor Verification
Not more than twice in any year, the Company may request from the Customer
an overview of the process used to determine the PVU factors, the call detail
records, description of the method for determining how the end user originates
and terminates calls in IP format, and other information used to determine the
Customer's PVU factors furnished to the Company in order to validate the PVU
factors supplied. The Customer shall comply and shall reasonably supply the
requested data and information within l5 days of the Company's request.
B. The Company may dispute the Customer's PVU factors based upon
A review of the requested data and information provided by the
Customer;
The Company's reasonable review of other market information, F.C.C.
reports on VolP lines, such as F.C.C. Form 4ll or state level results
based on the F.C.C. Local Competition Report or other relevant data; and
2.
3 A change in the reported PVU factor by more than five percentage points
from the preceding quafter.
C If after review of the data and information, the Customer and the Company
establish revised PVU factors, the Company will begin using those revised PVU
factors with the next bill period.
Issued By
Effective Date:Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 80211
A.
1.
Teliax,Inc.Idaho Tariff No. I
Original Page 40
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.18 ldentification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
2.18.3 PVU Factor Verification, (Cont'd.)
If the dispute is unresolved, the Company may initiate an audit. The Company
shall limit audits of the Customer's PVU factor to no more than twice per year.
The Customer may request that the audit be conducted by an independent
auditor. In such cases the associated auditing expenses will be paid by the
Customer.
In the event that the Customer fails to provide adequate records to enable
the Company or an independent auditor to conduct an audit verifuing the
Customer's PVU factors, the Company will bill the usage for all
contested periods using the most recent undisputed PVU factors reported
by the Customer. These PVU factors will remain in effect until the audit
can be completed.
During the audit, the most recent undisputed PVU factors from a
previous reporting period will be used by the Company.
The Company will adjust the Customer's PVU factors based on the
results of the audit and implement the revised PVU in the next billing
period or quarterly report date, whichever is first. The revised PVU
factors will apply for the next two quarters before new factors can be
submitted by the Customer.
If the audit supports the Customer's PVU factors, the usage for the
contested periods will be adjusted to reflect the Customer's audited PVU
factors.
D
2.
3
4.
Issued By:
Effective Date:Issued:
David Aldworth, President
2150 W 29th Ave,#200
Denver, Colorado 8021 1
1.