20181121Application.pdf

. jJ.'.
Inteserro RHfrEIVED
ii"il& Fi*'d Z l AI{ ll: L6
151 Southhall Lano. Ste 450
Maitlad. FL 32751
P.O^ Draver 200
\ltlinter Pa& FL 327900200
wvynr-intesena.com
I-
r\ ar 0i,
November 20,20L8
Via Overnight Delivery
Ms. Diane Hanian, Commission Secretary
ldaho Public Utilities Commission
472 West Washington
Boise,lD 83702
7 LXr 7- t?-\ I
RE:Teliax, tnc. - Application For Registration to Provide Facilities-Based and Resold Local Exchange
Telecommunications Services
Dear Ms. Hanian
Enclosed for filing please find the original and (7) copies of the Application of Teliax, lnc. to provide
facilities-based and resold local exchange telecommunications services within the state of ldaho and an
original and one (L) copy of the switched access tariff.
The Applicant is also submitting an original and seven (7) copies of its financial data, required as part of
this Application, under separate cover marked "confidential" and on yellow paper. Due to the
competitive nature of the telecommunications industry, Teliax respectfully requests that this
information only be inspected by Staff directly associated with this application and be kept from public
disclosure as it contains highly sensitive and proprietary information.
Any questions you may have regarding this filing should be directed to my attention at 407-740-3031. or
via email to [e-mail]. Thank you for your assistance in this matter,
Sharon Thomas
Consultant
cc:
tms
David Aldworth - Teliax
rDL1800
Enclosures
CR/ss
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Application for Registration of )Teliax,Inc. )
To Provide Facilities-Based and Resold Local )
Exchange Telecommunications Services in Idaho )
Case No.
APPLICATION TO PROVIDE
FACILITIES.BASED AND RESOLD LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
Pursuant to IDAPA 31.01.01.1 14 and the Idaho Public Utilities Commission Order No. 32277 in
Case No. GNR-T-I1-01, Teliax, Inc. ("Teliax" or "Company") respectfully requests that the Idaho Public
Utilities Commission ("Commission") approve the Company's application to provide facilities-based and
resold local exchange telecommunications services in Idaho.
All correspondence, notices, inquiries and other communications regarding this Application
should be addressed to:
Sharon Thomas
Consultant to Teliax, Inc.
Inteserra Consulting Group
l5l Southhall Lane, Suite 450
Maitland, Florida 327 5l
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
In support of its Application, Teliax submits the following:
01. Name, Address and Form of Business:
(a) Teliax, Inc. is a Corporation incorporated in the State of Colorado. The main address of the
Company is:
Teliax,Inc.
l00l l6th Street, B-180 #102
Denver, CO 80265
Telephone: [phone]
Facsimile: 303-629-8344
Toll Free: 888-483-5429
Website: www.teliax.com
Exhibit A includes a copy of the Company's Articles of Incorporation and the Secretary of
State certificate.
Idaho Application of
Teliax,lnc.
Page I
(b)
(c)
The Company's Registered Agent in Idaho is:
Corporation Service Company
12550 W. Explorer Drive, Suite 100
Boise,ID 83713
Officers and Directors
Officers and Directors of Teliax, Inc. are provided as Bxhibit B.
Stockholders/Owners
Owners holding a 5%o or greater interest in the Company arc provided as Exhibit C. The
Company has no affiliates or subsidiaries.
02. Services and Territory
The Applicant proposes to offer wholesale and retail competitive telecommunications service,
including local exchange and exchange access services, within the State of Idaho using its own
facilities and services available from other facilities-based carriers. Teliax is requesting statewide
authority but intends to initially provide service in areas where CenturyLink is the incumbent local
exchange carrier. It intends to utilize its own switching facilities and as well as leased and resold
transport facilities and services from other carriers.
03. Financial Information
Teliax's current profit and loss statements are provided in Exhibit D. Pursuant to Rule 229, the
Applicant is requesting confidential treatment of these statements.
04. Tariffs and Price Lists
Teliax's Access Service Tariffis provided as Exhibit E. Pursuant to Title 62 of the Idaho Code,
the Applicant is electing to operate on a detariffed basis for its local exchange business services
and will post its rates, terms, and conditions on its website at www.teliax.com.
05. Tariff and Customer Contact
The contact for tariff and price list questions and for customer complaints and inquiries is:
David Aldworth, President
Teliax,Inc.
1001 l6m Street, B-180 #102
Denver, CO
Telephone: [phone]
Facsimile: 303-629-8344
E-Mail: [e-mail]
Toll Free: 888-483-5429
Idaho Application of
Teliax,Inc.
Page 2
06.
07.
08.
Interconnection Agreements
The Applicant intends to initiate the process of negotiating an interconnection agreement with
Qwest Corporation dba CenturyLink QC upon approval of its application.
Compliance with Commission Rules
The Applicant has reviewed all of the applicable Commission rules and agrees to comply with those
rules.
Conservation of Telephone Numbers
The Applicant acknowledges that, if it obtains numbering resources in ldaho, it will be subject to
numbering conservation measures, including mandatory one thousand block pooling, donation
back to the pool of unused or underutilized thousand number blocks, and submission of applicable
utilization/forecast reports at the one thousand block level for each rate center within its service
territory.
Wherefore, Teliax, Inc. respectfully requests that the Commission:
l. Approve Teliax, lnc.'s Application to Provide Facilities-Based and Resold Local Exchange
Telecommunications Services; and
2. grant such other relief as it deems necessary and appropriate.
Respectfully submitted,
Teliax, Inc.
E*['iit*0,,+t,
David Aldworth
President and CEO
Teliax, Inc.
l00l l6th Street, B-180 #102
Denver, CO 80265
Idaho Application of
Teliax,Inc.
Page 3
TELIAX,INC.
Exhibit A
Articles of Incorporation
And
Idaho Certificate of Authority
?5-Flled
Document must be filed elechonically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of fi led documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 1212912017 0l:10 PM
ID Number:20041346840
Document number: 2017 197 047 4
Amount Paid: $25.00
ABOVE SPACE FOR OFEICE USE ONLY
Amended and Restated Articles of Incorporation
filed pursuant to $7-90-301, et seq. and $7-l l0-107 and $7-90-304.5 of the Colorado Revised Statutes (C.R.S.)
l. For the entity, its ID number and entity name are
rD number 200413/,6840
Entity name
2. The new entity name (if applioable) is
(@lorodo Sectetory ol Stote lD nunber)
TellAX, lnc.
3. The amended and restated constituent filed document is attached,
4. Ifthe amendment provides for an exchange, reclassification or cancellation ofissued shares, the
aftachment states the provisions for implementing the amendment.
5, (Caution: Leave blank {the document does not have a dela}ed elfective date. Stating a delayed ellective dare has signi/icant legat
conseqtences. Read instruclions be/ore entering a date.)
(lf the follou,ing statenent applies, adopt the statement fo entering a dals ald if applicable, time using the rcquired format)
Thedelayedeffectivedateand,ifapplicable,timeofthisdocumentis/are-.
(mmtdd,1y1y hour: n i nu, c o,n/pn)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such
individual's act and deed, or that such individual in good faith believes such document is the act and deed ofthe
person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with
the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic
statutes, and that such individual in good faith believes the facts stated in such document are true and such document
complies with the requirements of that Pan, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary ofState,
whether or not such individual is identified in this document as one who has caused it to be delivered.
6. The true name and mailing
address of the individual causing
the document to be delivered for
filing are
Rushton Krystal
(Last) (First)
Koenig, Oelsner, Taylor, Shoenfeld
Mddte) (Suffa)
(itreet name ond number or l'ost OlJice Box inJorurion)
999 18th Street, Suite 1825
Denver co 80227
(Srote) (Portol,ZipCode)
United States
(ciu)
AMDRST-PC
(l'rorince - iJ appl icable)
Page I of2
(Coun,ry - il not US)
Rev. l2ll6D0l6
((thefollowing statemenr applies, adopt the statement b! narking lhe box and include an auachment.)
lfnis document contains the true name and mailing address of one or more additional individuals causing the
document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are
furnished without representation or warranty. While this form/cover sheet is believed to satisfr minimum legal
requirements as of its revision date, compliance with applicable law, as the same may be amended from time to
time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's
legal, business or tax advisor(s).
AMDRST-PC Page 7 of2 Rev. l21162016
EE-Fited
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of fi led documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 021271201812:21PM
ID Number: 20041346840
Document number: 20181 173579
Amount Paid: $10.00
ADOVE SPACE FOR OFnCE USE ONLY
Statement of Correction
Correcting Information for Historical Pu rposes
filed pursuant to $ 7-90-305 of the Colorado Revised Statutes (C.R.S.)
1. The entity ID number and the entity name, or, if the entity does not have an entity name, the true name are
Entity ID number 20041346840
(Colorudo Secretary of State lD nunbel
Entity name or True name TellAX, lnc.
2. The document number of the filed document that is correcteA is 20171970474
3. ghe folloving starentenl is adopted by marking the box.)
E fne information contained in the filed document identified above that is incorrect is identified in the
attachment and such information, as corrected, is stated in the attachment.
4, ffapplicoble, adopt thelolloving statement b, marking the box and include an altachment)
E fnis document contains additional information as provided by law.
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is
such individual's act and deed, or that such individual in good faith believes such document is the act and deed
of the person on whose behalf such individual is causing such document to be delivered for filing, taken in
conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent
documents and the organic statutes, and that such individual in good faith believes the facts stated in such
document are true and such document complies with the requirements of that Part, the constituent documents,
and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is identified in this document as one who has caused it to be delivered.
5. The true name and mailing address of the individual causing this document to be delivered for filing are
Rushton Krystal(last) Fns| (Middk) (Sulfu)
Koenig, Oelsner, Taylor, Shoenfeld
(Streel nunber and name or Post Oflice Box information)
999 18th Street, Suite 1825
Denver CO 80202
(City)@lP/Postal Code)
States
(Profince - if applicable)(Counrry)
CORRECT-HIST Page I of2 Rev. l2l01/2012
(l/applicoble, adopt thefollo*,ing statement by narking the bot and include an attachment.)
E fnls document contains the hue name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satis$
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
CORRECT-HIST Page2 of2 Rev. l2l01/2012
STATEMENT OF CORRECTION CORRECTING INFORMATION
FOR IIISTORICAL PURPOSES
ATTACHMENT
TO
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF TELIAX,INC.
This Attachment is to be attached to and made a part of the Amended and Restated Articles
of lncorporation of Teliax,Inc., a Colorado corporation (the "Company").
*{.X.
Section IV.A. of the Amended and Restated Articles of Incorporation of the Company
requires revision to correct an inaccuracy in the number ofauthorized shares and shall be replaced
in its entirety as follows:
ARTICLE IV
A. The Company is authorizedto issue one class of stock to be designated, "Common
Stock" and the total number of shares that the Company is authorized to issue is three million
(3,000,000) shares (the "Common Stock"). Two million (2,000,000) shares of the Common Stock
are hereby designated "Class A Common Stock" and one million (1,000,000) shares of the
Common Stock are hereby designated "Class B Common Stock". The Class A Common Stock,
together with the Class B Common Stock, shall be referred to as the Common Stock. The holders
of the Class A Common Stock are entitled to one vote for each share of Class A Common Stock
held at all meetings of stockholders (and written actions in lieu of meetings). The Class B Common
Stock shall be non-voting. The Common Stock shallhave a par value of $0.0001 per share.
*+rl.
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF
TELIAX,INC.
David Aldworth hereby certifies that:
ONE: The original name of this company is TellAX, Inc. and the date of filing the
original Articles of Incorporation of this company with the Secretary of State of the State of
Colorado was October 6,2004.
TWO: He is the duly elected and acting Chief Executive Oflicer of TellAX, Inc., a
Colorado corporation.
THREE: The Articles of Incorporation of this company are hereby amended and restated
to read as follows:
ARTICLE I
The name of this company is TnrIAX,Inc. (the "Company").
ARTICLE II
The address of the registered office of this Company in the State of Colorado is 8964 Fox
Drive, Suite 202, Denver, CO 80260, and the name of the registered agent of this Company in the
State of Colorado at such address is David Aldworth.
ARTICLE III
The purpose of the Company is to engage in any lawful act or activity for which a
corporation may be organized under the Act.
ARTICLE IV
A. The Company is authorized to issue one class of stock to be designated, "Common
Stock" and the total number of shares that the Company is authorized to issue is five million
(3,000,000) shares (the "Common Stock"). Two million (2,000,000) shares of the Common Stock
are hereby designated "Class A Common Stock" and one million (1,000,000) shares of the
Common Stock are hereby designated "Class B Common Stock". The Class A Common Stock,
together with the Class B Common Stock, shall be referred to as the Common Stock. The holders
of the Class A Common Stock are entitled to one vote for each share of Class A Common Stock
held at all meetings of stockholders (and written actions in Iieu ofmeetings). The Class B Common
Stock shall be non-voting. The Common Stock shall have a par value of $0.0001 per share.
B. Upon the filing of these Amended and Restated Articles of Incorporation with the
Secretary of State of the State of Colorado (the "Effective Time"), each then-outstanding share of
Common Stock (the "Prior Common Stock") shall automatically be converted into one validly
issued, fully paid and non-assessable share of Class A Common Stock, without any further action
by the holder of such shares of Prior Common Stock (the "Rccapitalization"). Each stock
certificate representing shares of Prior Common Stock shall thereafter represent the number of
shares of Class A Common Stock into which the shares of Prior Common Stock previously
represented by such stock certificate shall have been converted into; provided, however, that each
person holding of record a stock certificate or certificates that represented shares of Prior Common
Stock shall receive, upon surrender of such certificate or certificates, a new certificate or
certificates evidencing and representing the number of shares of the Class A Common Stock to
which such person is entitled as a result of the Recapitalization based on the aggregate number of
shares of Prior Common Stock held by such person.
C. Cumulative voting shall not be allowed in the election of directors or for any other
purpose.
D. At all meetings of shareholders, a majority of the shares entitled to vote at such
meeting, represented in person or by proxy, shall constitute a quorum; and at any meeting at which
a quorum is present the affirmative vote of a majority of the votes cast on the matter represented
at such meeting and entitled to vote on the subject matter shall be the act of the shareholders, unless
the vote of a greater proportion or number is required by applicable law.
E. Any action required or permitted by Articles I 0l to I 17 of the Act to be taken at a
meeting of the shareholders of the Company may be taken without a meeting if the shareholders
holding shares having not less than the minimum number of votes that would be necessary to
authorize or take such action at a meeting at which allof the shares entitled to vote thereon were
present and voted consent to such action in writing.
F. Notice to the shareholders of the Company of an annual meeting need not include
a description of the purpose or purposes for which the meeting is called unless the Bylaws of the
Company so provide.
ARTICLE V
Except as otherwise agreed in writing by the Company, no shareholder of the Company
shall have any preemptive or similar right to acquire or subscribe for any additional unissued shares
of stock, or other securities of any class, or rights, warrants or options to purchase stock or scrip,
or securities of any kind convertible into stock or carrying stock purchase warrants or privileges.
ARTICLE VI
To the fullest extent permitted by the Act, as the same exists or may hereafter be amended,
a director of the Company shall not be personally liable to the Company or its shareholders for
monetary damages. If the Act is hereafter amended to eliminate or limit further the liability of a
director, then, in addition to the elimination and limitation of liability provided by the preceding
sentence, the liability of each director shall be eliminated or limited to the fullest extent permitted
by the Act as so amended. Any repeal or modification of this Article by the shareholders of the
Company shall be prospective only and shall not adversely affect any right or protection of a
director of the Company existing at the time of such repealor modification.
2
ARTICLE VII
The Company shall indemnity officers, directors, employees, or agents to the fullest extent
provided under applicable law and the Bylaws of the Company.
ARTICLE VIII
For the management of the business and for the conduct of the affairs of the Company, and
in further definition, limitation and regulation of the powers of the Company, of its directors and
of its shareholders or any class thereof, as the case may be, it is further provided that:
A. The management of the business and the conduct of the affairs of the Company
shall be vested in the Company's board of directors (the "Board"). The number of directors which
shall constitute the whole Board shall be fixed by the Board in the manner provided in the Bylaws
of the Company, subject to any restrictions which may be set fbrth in these Articles of
Incorporation.
B. The Board is expressly empowered to adopt, amend, or repeal the Bylaws of the
Company. The shareholders shall also have the power to adopt, amend, or repeal the Bylaws of
the Company.
C. The directors of the Company need not be elected by written ballot unless the
Bylaws of the Company so provide.
,i.***
FOUR: These Amended and Restated Articles of Incorporation have been duly
approved by the Board.
FIVE: These Amended and Restated Articles of Incorporation were approved by
the holders of the requisite number of shares of said corporation in accordance with the Colorado
Business Corporation Act of the State of Colorado.
3
In Wrrness WHEREoF, TellAX, Inc. has caused these Amended and Restated Articles of
Incorporation to be signed by its Chief Executive Officer this l9li.day of Dzunbq2Ul7.
TeuIAX,I NC.
David A
Chief Executive Officer
E-FIIed
Document processing fee
If document is filed on paper $125.00
If document is filed electronically $ 25.00
Fees & forms/cover sheets
are subject to change.
To frle electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
3. Use of Restricted Words (ifarryo/rhese
lerms are conlained in an enti\l name, lrue
name of an enlity, trade nane or trademark
staled in this documenl nark the applicable
box):
Colorado Secretary of State
Date and Time: 03/011200602:54PM
Entity Id:20041346840
Document number: 20061089678
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Amendment
filed pursuant to 57-90-301, et seq. and $7-l l0-106 of the Colorado Revised Statutes (C.R.S.)
rD number: 20041346840
l. Entity name:TellAX, lnc.
(lfchanglng the name ofthe corporation, indicate nanre BEFORE the nanrc chonge)
2. New Entity name:
(if applicable)
f] "bank" or "trust" or any derivative thereof
[ "credit union" l-l "savings and loan"
fl "insur"nge", "casualty", "mutual", or "surety"
4. Other amendments, if any, are attached
5. If the amendment provides for an exchange, reclassification or cancellation of issued shares, the attachment
states the provisions for implementing the amendment.
6. Ifthe corporation's period ofduration
as amended is less than perpetual, state
the date on which the period of duration
expires:
(mm/dd/lYYY)
OR
Ifthe corporation's period of duration as amended is perpetual, mark this box: A
7. (Optional) Delayed effective date:
(ndddlyyyy)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R,S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic satutes.
AMD-PC Page I of2 Rev. I l/15/2005
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
8. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:Brewster David
(last)
4890 Riverbend Road
(Middk)(S"ftr)(First)
(Street name and number or Post Ofice inlormation)
Boulder co 80301
6trtt) ---- (Pott.WO Code)
nited States
(City)
U
(Province - dapplicable) (Counrry - if not US)
(Thedoamentneednolstatellelruenameandaddressotmorethanoneindividual. However,ifyoutvishtoslalethenameandaddress
ofany additional indiriduals causing ilre docun ent lo be deliveredforrtfing, mark this box J and include an auochmenl slaring the
nante and address ofsuch individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satis$ minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attomey.
AMD-PC Pagc2of2 Rev. I l/15/2005
MINUTES OF SPECIAL MEETTNG OF DIRECTORS of TellAX. lnc.
A special meeting of the Board of Directors of TelIAX. [nc. n'as held at the tinre.
date and place set forth below for purposes of adopting a resolution arnending the
Arricles of Incorporation to include 1,000,000 Common Shares Outstandingi pursuant to
c.R.s. 7-l l0-103.
RESOLVED. that the sole officer. director. and shareholder of TelIAX. Inc..
David Aldworth, hereby reconrmends and approves the Amendment of the
Afticles of Incorporation to include the follo*'ing:
l. the undersigned. being the incorporator named in the certificale of incorporalion
of the above corporation hereby agree and consent that the special meeting thereol'he
held on the date arrd at the time and place stated below and hereby waive all rrotice of
such meeting and of adjournment thereof.
David Aldworth, President and
Place: 1050 lTth St. Ste 240. Denver80265
Date: February 21. 2006'l'ime: 2:38pm
I 2. The corporation is authorized to issue 1.000.000 Shares of common stock.
-Ftled
Document Processing Fee
Ifdocument is on paper:
If document is filed electronically:
Fees are subject to change.
For electronic filing and to obtain
copies of filed documents visit
www.sos.state.co.us
Deliver paper documents to:
Colorado Secretary of State
Business Division
1560 Broadway, Suite 200
Denver, CO 80202-5169
2. Use of Restricted Words ftf any o!rhese
lerms are conlained in an enlity name, lrue
name ol an entity, trade name or lrademark
stated in this document, make the applicable
selection)'.
4, Principal office mailing address:
(if different from above)
5. Registered agent: (if an individual);
OR (if s business organization):
Colorado Secretary of State
Date and Time: 1010612004 08:51 AM
Entity Id:20041346840
Document number: 20041346840
$s0.00
.99$
Paper documents must be typed or machine printed.
l. Entity name:
ABOVE SPACE FOR OFTICE USE ONLY
TellAX, lnc.
(The name ofa corporation must contain lhe ternt or abbreviation "corporation",
"incorporated", 'compan1"', "limiled", "corp.", inc.", "co." or "ltd"; Ifthe
corporation is a professional corporalion, il must conlain the term or abbretiation
"pro/essional corporalion", "p.c.", or "pc" !7- 90-601, C.R.S.)
fl "bank" or "trust" or any derivative thereof
E "credit union" fl "savings and loan"I ttinsurance", t'casualry", "mufual", or "surety"
80260
(City) (State) (PostalZip Code)
@Eountry@otw
(Slreet aame and number or Post Ofice Box infomntion)
(cio,)(s,(PosralEip Code)
(Province - ifapplicable) (Country - ifnot US)
Aldworth David
(Last)(First)(Middb)6rru
Rev.6ll4l2004
I of 3
Articles of Incorporation
filed pursuant to $7-90-301, et seq. and $7-102-102 of the Colorado Revised Statutes (C.R.S)
3. Principal office street address:8964 Fox Drive, Suite 202
(Street name and nunber)
Denver CO
6. The person appointed as registered agent in the document has consented to being so appointed.
8964 Fox Drive, Suite 2027. Registered agent street address:
(Streel name and number)
Denver co_
(Srate)
80260
(Cityl (PosroWip CodQ
8. Registered agent mailing address:
(if diflerent from above)
9. Ifthe corporation's period ofduration
is less than perpefual, state the date on
which the period of duration expires:
10. (Optional) Delayed effective date:
(ifan individual)
OR (if a business organization)
(if an individual)
OR (if a business organization)
(Streel name and nunber or Post Ofice Box information)
(Cityl (Srate)(PostaWip Code)
(Province - ifapplicable) (Country - if not US)
(mn/dilyy1y)
(nm/dd/yyy)
I l. Name(s) and address(es) of
incorporator(s): (if an individuarl: Aldworth David
(Lasr) (Firil)
OR (if a business organization):
8964 Fox Drive, Suite 202
(Middte)Tffi')
(Street name and nunber or Post Olfice Box information)
Denver 80260
(Ciry1 (State) (PostalfZ,ip Code)United'States
(Province - ifapplicable) (Counrry - i/nor US)
(Last)(Fns0 (Middle) (Sufrn
(cia)(Srate) (PostalZip Code)United'States
(Province - if applicable) (Country - ifnot US)
(Last)(F,'st)(Middle)TW
Rev.6/1412004
2of3
co*
(Street nanrc and number or Post Ofice Box in/ormation)
(Slreet nane and number or Post Olfice Box information)
(cia)(PosraWip Code)
U States
(Province - i/applicable) (Country - ifnot US)
(lf there are nrore than lhree incorpordtors, mark lhis bar O and include an atlacltment staling the o'ue names and nniling addresses ol
a I I odd i ti onal i n c orporato rs.)
12. The corporation is authorized to issue 10,000 shares of common stock.
(nunber)
(Additional classes ofcapilal stock nny be authorized and odditional idormation rcgarding the corporation's stock may be staled, mark this
box D and include an attachment staling peninent infomratlon.)
13. Additional information may be included pursuant to $7-102-102, C.R.S. and other organic statutes such as
title 12, C.R.S. If applicable, mark this box I and include an attachment stating the additional information
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
6-ffianited
14. Name(s) and address(es) of the
individual(s) causing the document
to be deliviied for filing: Aldworth
(Las0
David
(First)(Middle) (Sulfa)
8964 Fox Drive, Suite 202
(Street name and number or Post Otfice Box information)
Denver co 80260
(City)
States
(PostalEip Code)
(Province - if applicable) (Counrry - i/not US)
(l'lre documenl need not state the lrae name and address o/ more than one indlvidwl. Hayevr, dyou tuish to state the name and address
ofany a46111iono1 inditiduals causing the docuhrent lo be delivered/orfiling, mark this bot O ond include an atlachmenl slaling the name
and address olsuch individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or \ryarranty. While this form is believed to satis$ minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attomey.
Rev.6/142004
3 of 3
State of ldaho
GERTIFICATE OF REGISTRATION
OF
TELIAX, INC.
File Number C 216919
l, LAWERENCE DENNEY, Secretary of State of the State of ldaho, hereby
certify that an application for Foreign Registration Statement, duly executed pursuant to
the provisions of the ldaho Uniform Business Organization Code, has been received in
this office and is found to conform to !aw.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Certificate of Registration to transact business in this State and attach hereto a
duplicate of the application for such certificate.
Dated: March 8,2018
SECREIARY OF STATE
By
Office of the Secretary of State
t
L
.I r
FOREIG N REGISTRATION STATEMENT
Title 30, Chapter 21, ldaho Code
Filing fee: $100 typed, $120 not typed
comptete and submit the form in dunticate. Z$tg HAR _S A6ii;i;eB
1. The name of the entity is:Teliax, lnc.
SICftETARY OF STAIE
STATE OF IDAHO
2. The name which it shall use in ldaho is:
3. Select the type of entity you wish to reglster: (Enter a name here' onlv if vou are required to adopt an alternate name)
E Business Corporation flGeneral Partnership
il Nonprofit Corporation E General Cooperative Association
n Limited Liability Partnership E Limited Partnership (lncluding a limited liability limited partnership
D Limited Liability Company fl Statutory Trust Business Trust, or Common-law Business Trust
I Other:
(Use "Other" only if your foreign entity type is ggl listed above, and enter the type here.)
4. Jurisdiction of formation:Colorado
5. The address of its principal office is:
1001 16th Street, B-180 # 102, Denver, CO 80265
(Street Address)
(Mailing Address. if different)
6. The address of its domestic principal office (if required by the laws of the jurisdiction of formation) is:
1001 16th Street, B-180 # 1O2, Denver, CO 80265
(Street Address)
(lvlailing Address, if diferent)
7. The mailing address to which correspondence should be addressed, if different from item 5, is:
(Address)
8. Name and street address of registered agent in ldaho:
Corporation Service Company 12550 W. Explorer Drive, Suite 100, Boise, lD 83713
9. The name, capacity, anil mailing addrass of at least one governor:
David Aldworth CEO 1001 16th Street 8-180 # 102, Denver, CO 80265
(Name)
Terry Ruth
(Capacity)
CFO
(Address)
1001 16th Street 8-180 # 102, Denver, CO 80265
(Name)
Signature:
(Capacity)(Address)
Typed Name: David Aldworth
->cooo3goo
oa(!
oooU'
ID},}TO EE']RETEP,Y OT STTTE83/*Sltti].B tr5 i rrB
l]K:6.164? tlT: iE4L27 BH: L6f,1038Ie 100-00 = 100.08 FOE EEG ST #2le i0.00 = 20 - D0 EXFEDITE t] #-t
cTtuqn
TDmuSlgned by:
I D*;l lL/uovll,-Er*r"*,,r.rr.r-
Capacity:
Rev.08/20'15
CEO
202
OFFICE OF THE SECRETARY OF STATE
OF TIM STATE OF COLORADO
CERTIFICATE OF T'ACT OF GOOD STANDING
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according
to the records of this office,
TelIAX,Inc.
isa
Corporation
formed or registered on 1010612004 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 20041346840 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
03102D018 that have been posted, and by documents delivered to this office electonically through
0310612018 @ Oe:n:o6 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 03/0612018 @ 0613:06 in accordance with applicable law.
This certificate is assigned Confirmation Number 10760474
Sccrctary of State of thc Statc of Colorado
******+i'li,l***+*++t*****t'******+*******r|****+End ofcertificate**i*+,4*****f,'t*a****'i*****'l***a********'*f***
Nolice: A certilicate isned electronicallv from lhe Colorodo Secretarv of Sate's Web site is fullv and immedialelv valid and effective.
Howeyer, as an option, the issuance and validity of a certtficate obtained electronically may be esablisled by visiting the llalidate a
Certiticate page oJ the Secretary of State's lleb slte, htp:/r\uww.sos.stale.co.us/biz/CertiJicateSearchCriteria.do entering the cerlificate's
conJirnulion number displayed on the certiJicab, andtollowing lhe instructions displayed Conlitmino lhe issudnce ofa cerl!ficdte is merelv
opliondl and is nol necessdrv to the valld and effeclive issudnce of a ccrti{icate, For more injormation, visit our Web sile, hltp://
v'rnesosstate.co.us/ click "Businesses, trademailc, lrade nanes" and select "Frequently Asked Questions, "
Teliaxr lnc.
Officers and Directors
All officers and directors can be reached at the Company's headquarters location: 1001 16th Street, B-180
#102, Denver, CO 80265 or at303-629-8301.
Officers:
David Aldworth
Terry Ruth
Jason Cummins
Melinda Ferguson
Directors:
David Aldworth
Terry Ruth
President, CEO
Treasurer, CFO
SVP of Operations
VP Income Assurance and Carrier Relations
TELIAX,INC.
Exhibit C
Ownership
Teliax,Inc.
David Aldworth
80%
Massive Networks
Paul Mako
t0%
TELIAX,INC.
Exhibit D
Financial Information
The financial statements of Teliax, Inc. are being submitted under a separate cover,
with a request for confidential treatment.
Teliax,Inc.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 ldaho. This tariff is on file with the ldaho Public Utilities
Cornmission, and copies may be inspected, during nonnal business hours, at the
Company's principal place of business.
Issued By:
Effective Date:Issued:
David Aldworth, President
l00l l6tr' Street, B- 1 80 # 102
Denver, Colorado 80265
Teliaxr lnc.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
pages. Original and revised pages, as named below, comprise all changes from the originaltariff and are
currently in effect as of the date on the bottom of this page.
EAGP
I
2
3
4
5
6
7
8
9
l0ll
t2
l3
t4
l5
16
17
18
l9
20
2t
22
23
24
25
REVISION
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
PAGE
26
28
29
30
3l
32
33
34
35
36
38
39
40
41
42
43
44
45
46
47
48
49
50
REVISION
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
PAGE
51
52
53
54
55
56
51
58
s9
REVISION
Original
Original
Original
Original
Original
Original
Original
Original
Original
{<
*
,k
*
*
*
*
*
{<
*
*
*
*
:B
{<
*
*
,<
,k
*
{<
*
*
*
*
27
*
,(
*
{<
*
*
*
*
*
*
{<
*
*
*
,<
*
*
*
:|<
*
*
*
*
*
*
{<
*
*
*
1.
*
{<
*
*
* - indicates those pages included with this filing
Issued By:
Effective Date:Issued
David Aldworth, President
I 001 l6d' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. 1
Original Page 3
ACCESS SERVICE
TABLE OF CONTENTS
CHECK SHEET
TABLE OF CONTENTS
CONCURzuNG 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
SE,CTION 4 RATES AND CHARGES
SE,CTION 5 CUSTOMER SPECIFIC CONTRACTS
Page
2
J
4
5
6
7
8
t6
43
52
59
Issued Bv
Effective DateIssued:
David Aldworlh, President
1001 16th Street. B- I 80 # 102
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. 1
Original Page 4
AC]CE,SS SERVICE
CONCURRING CARRIERS
No Concuming Carriers
CONNECTING CARRIERS
No Connecting Carriers
OTHER PARTIC IPATING CARRIE,RS
No Other Participating Carriers
Issued By:
Eff'ective Date:Issued
David Aldworth, President
I 001 l6d' Street, B- 1 80 # I 02
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page 5
ACCESS SERVICE
EXPLANATION OF SYMBOLS
The following symbols are used for the purposes indicated below:
(C) - To signifl, changed listing, rule, or condition that may affect rates or charges.
(D) - To signifu discontinued material, including listing, rate, rule, or condition.
(D - To signif' an increase'
(M) - To signiff material relocated from or to another part of tariff schedule with no change in
text, rate, rule or condition.
(N) - To signifo new material including listing, rate, rule or condition.
(R) - To signif, a reduction.
(S) - To signif, reissued material.
(T) - To signify change in wording of text but not change in rate, rule, or condition.
Issued
David Aldworlh, President
1001 l6tr'Street, B-180 #102
Denver, Colorado 80265
Issued Bv:
Eff-ective Date
Teliaxr lnc.Idaho Tariff No. I
Original Page 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 serve as a
substitute for interexchange carrier tariff offerings of services to end users. The provision of such Access
Services by the Company as set forth in this tariff does not constitute a joint undertaking with an
interexchange carrier or other provider.
Issued:
David Aldworth, President
I 001 l6d' Street, B- 1 80 # 102
Denver, Colorado 80265
Issued By:
Effective Date
Teliax, Inc.Idaho Tariff No. I
Original Page 7
ACCESS SERVICE
A
B
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 14 and 1 5 would be l4.l .
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, deferals, 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 Nurnbering 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.
2.1.1.4.
2.1.1.A.1.
2.1.1.A.1.(a).
2.1.1.A.1.(a).1.
2.1.1.A.1.(a).1.(i).
2.1 .1.A.l.(a).1.(i).( I )
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 rnade to it (i.e., the
format, etc., remains the same, j ust 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 Aldworlh, President
l00l 16th Street, B- I 80 # I 02
Denver, Colorado 80265
C
D.
lssued
Issued By:
Effective Date
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 forthe 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 fonnat 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
Custorner'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) and/or 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
Canier or Exchange Carrier.
Camier Access Code - A uniform seven (7) digit code assigned to an individual carrier. The seven (7)
digit code has the form 950-xxxx or 101-xxxx.
Issued
David A ldworlh, President
1 001 16tr' Street, B- 1 80 # 102
Denver, Colorado 80265
Issued By
Effective Date:
Teliaxo Inc Idaho Tariff No. I
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 seryices
Common Channel Signaling (CCS) - A high speed packet switched communications network which is
separate (out of band) frorn 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 comrnunications
between tenninal equipment provided by an entity other than the Cornpany.
Collocation - Carrier facilities and/or equiprnent located in a local exchange camier's central office
Cornrnission - The Federal Communications Cornmission or the Public Utilib, Commission of the State in
which senrice 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. Sirnilarly, 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-rnachine signaling system has been traditionally used in North America
for the purpose of transmitting the called nurnber'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 selice 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
I 001 l6d' Street, B- l 80 # 102
Denver, Colorado 80265
Issued By
Effective Date:
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Customer-Designated Premises - The premises specified by the Custorner for the origination or tennination
of Access Services.
Customer Point of Presence (POP) - The physical location associated with the Customer's communication
system.
Dedicated Access or Dedicated Transpott - A rnethod 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 (DS0) - 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 channel with a line speed of 1.544
Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or
Bipolar with 8 Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF)
formats. DS1 Seruice has the equivalent capacity of 24 Voice Grade or DSO services.
Digital Signal Level 3 (DS3) - A dedicated, high capacity, full duplex charrnel with a line speed of 44.736
Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS).
Equivalent capacity of 28 DS I Services.
Duplex Service - 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 seruices in a specified area. An Exchange may consist of one or more
central offices together with the associated facilities used in fumishing communications services within that
area.
Exchange Carrier - Any individual, partnership, association, joint-stock cornpany, trust, govemmental entity
or corporation engaged in the provision of local exchange telephone seruice.
Issued Effective Date:
Issued By David Aldworlh, President
l00l 16tr'Street, B-180 #102
Denver, Colorado 80265
Teliaxo Inc.Idaho Tariff No. I
Original Page l0
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVTATIONS, (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 I0XXXX
dialing or equal access without using a dial code.
Federal Communications Comrnission - 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 Confinnation (FOC) - Acknowledgnent 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, Thanksgiving Day, Christmas
Day.
Hub - The Company office where Customer facilities are tenninated for purposes of interconnection to
Trunks and/or cross-connection to distant ends.
Interconnected Wholesale Provider - A company which sells, installs and rnaintains telephone systems for
end users that interconnects its network to other telecommunication carriers networks for the delivery of
telecommunication services.
Individual Case Basis - A seruice amangement 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, governmental entity or corporation engaged in state or foreign cornmunication for
hire by wire or radio, between two or more exchanges.
InterMTA (Major Trading Area) - For purposes of this tariff, lnterMTA 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 (lP) - The method by which data is sent frorn one computer to another on the Internet.
Internet Protocol (lP) Signaling - A packet data-oriented protocol used for communicating call signaling
information.
Issued:Effective Date
Issued By:David Aldworth, President
1001 l6tr'Street. B-180 #102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page I I
ACCESS SERVICE
Teliaxr lnc.Idaho Tariff No. I
Original Page 12
ACCESS SERVICE
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D.)
Interstate - For purposes of this tariff, the term lnterstate 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 telecomrnunications traffic
exchanged between a LEC and a CMRS, PCS or Wireless provider that originates or tenninates within the
same Major Trading Area as used by the FCC to define coverage for ceftain seruices.
Intrastate - For purposes of this tariff, the tenn 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, finn 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 arangement.
LATA (local access and transport area) - A geographic area established pursuant to the Modification of Final
Judgment entered by the United States District Couft for the District of Columbia in Civil Action No. 82-
0192for the provision and administration of communications services, as amended from tirne 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 Seruices - 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
I 001 16tr' Street, B- I 80 # I 02
Denver, Colorado 80265
lssued 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 forthe origination of calls from 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 inforrnation 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 forthe 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 (lXC) or Carriers it wishes to access, without an Access Code, for completing toll
calls. The selected IXC is referred to as the end user's Primary Interexchange Carier (PIC). The end user
may select any IXC that orders FGD Access Service at the Local Switching Center that serues the end user.
David Aldworth, President
1001 16tr'Street, B-180 #102
Denver, Colorado 80265
lssued By:
Effective Date:Issued:
Teliax,Inc.Idaho Tariff No. 1
Original Page 14
ACCESS SERVICE
SECTION I - DEFINITTONS AND ABBREVIATIONS, (CONT',D.)
Recurring Charges - The monthly charges to the Customer for services, facilities and equiprnent, which
continue for the agteed upon duration ofthe service.
Seruice 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 seruice. The parties rnay rnutually
agree on a substitute Service Commencement Date. If the Company does not have an executed Service
Order from a Customer, the Seruice Commencement Date will be the first date on which the seruice 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 faciliff 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 altemative, the subrnission of an Access Service Request by the
Customer in the manner specified in this tariff.
Service(s) - The Company'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 faciliS, or equipment systenr or subsystem which can be used sirnultaneously 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 Comrnon Channel Out of Band Signaling protocol developed by the
Consultative Comrnittee 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 S57 messaging routing and screening.
Issued:
David Aldwofth, President
I 001 1 6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Issued By
Effective Date:
Teliax, Inc.Idaho Tariff No. 1
Original Page 15
ACCESS SERVICE
SECTION I - DEFINITIONS AND ABBREVIATIONS, (CONT',D.)
Special Access - See Dedicated Access.
Time Division Multiplexing (TDM) - A method of transmitting and receiving voice signals over the
Public Switched Telephone Network (PSTN).
Term Agreement - A method of purchasing the Company's services whereby the Customer agrees to
purchase seruice between specific locations for a specified and mutually agreed upon length of time.
Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer-
designated premises.
Terminating direction - The use of Access Seruice 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 rnultiplexing ("TDM") format that
originates and/or terminates in Internet Protocol ("1P") format. Traffic originates and/or terminates in lP
format if it originates from and/or terminates to an end user customer of a service that requires Internet
protocol compatible customer premises equipment.
Transmission Path - An electrical path capable of transmitting sigrrals within the range of the service
offering. A transmission path is comprised of physical or derived facilities consisting of any forrn 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 traffic engineered as a unit forthe 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 terminated in Internet Protocol (lP) format. VolP
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 Aldworlh, President
1001 16tr'Street, B-180 #102
Denver, Colorado 80265
Issued By:
Effective Date
Teliaxr lnc.Idaho Tariff No. I
Original Page l6
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 camier 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 arrd/or 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 limit 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 reserves the right to discontinue service, lirnit service. or to irnpose
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 deterrnined 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 liable for
errors in transmission or for failure to establish connections.
Issued Bv:
Effbctive Date:Issued
David Aldwofth, President
l00l 16tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliaxr lnc.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
'\Aa The Customer obtains no propeffy 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 seryice 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 rnay 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 determining who
is authorized to use its service, and for promptly notifying the Company of any
unauthorized use. The Customer may advise its customers that a portion of its service is
provided by the Company, but the Customer shall not represent that the Company jointly
parlicipates 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 shall continue to be provided until canceled by
the Customer, in writing, on not less than 30 days notice. Unless otherwise specified
herein, for the purpose of computing charges in this tariff, a month is considered to have
30 days.
Issued Bv:
Effective Date
David Aldworth, President
l00l 16tr'Street, B-180 #102
Denver, Colorado 80265
I ssued:
Teliax, Inc.Idaho Tariff No. I
Original Page l8
ACCESS 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 terrn 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. Any
termination shall not relieve the Customer of its obligation to pay any charges incurred under
the Service Order and this tariff prior to tennination 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 Cornpany
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 Bv
Effective Date:Issued
David Aldworth, President
l00l l6d' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page l9
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 undeftaken on a reasonable efforts basis at the request of the
Customer. Special construction is construction undeftaken and characterized by one or more
of the following:
where facilities are not presently available and there is no other requirement for the
faci lities so constructed:
of a type other than that which the Cornpany would normally utilize in the
furnishing of its services;
over a route other than that which the Company would normally utilize in the
furnishing of its services;
D. in a quantity greater than that which the Company would normally construct;
E. involving abnormal costs;
F. on an expedited basis;
G. on a temporary basis until permanent facilities are available; or
H. in advance of its normal construction.
Special construction charges for Access Seruice 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
parlners, agents, contractors or suppliers.
A.
B.
C
Issued Bv:
Effective DateIssued
David Aldworth, President
1 001 16tr' Street, B- 1 80 # 102
Denver, Colorado 80265
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 forth 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 Custonrer or until the date that the
written cancellation notice is received, whichever is later. A tennination liability charge
applies to early cancellation of a term agreement.
2.5.2 Cancellation by the Cornpany
For Nonpayment: The Company, by written notice to the Customer and in
accordance with applicable law, rnay discontinue service or cancel an application
for service without incuning 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 seruice under this tariff, or by reason of any order or decision of a
court or other governrnent authority having jurisdiction which prohibits the
Company from furnishing such service.
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
D
Issued By:
Effective DateIssued
David A ldworth, President
I 001 l6'h Street, B- I 80 # 102
Denver, Colorado 80265
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
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. Nonrecuming charges apply to restored
services.
Restoration of disrupted services shall be in accordance with Federal
Communications Commission Rules and Regulations, which specify 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 Cornpany 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 payrent 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 incured less net salvage, shall apply, but in no case
shall this charge exceed the sum of the charge forthe minimum period of services ordered,
including installation charges, and all charges others levy against the Company that would
have been chargeable to the Customer had service begun.
A
B
Issued By
Effective Date:Issued:
David Aldworth, President
l00l I 6tr' Street, B- 1 80 # 102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page 22
ACCESS SERVICE
2.7
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
Minimum Period
The minirnum 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 seruices 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 tenninate the service.
Issued
David Aldworlh, President
1 001 l6a' Street, B- I 80 # I 02
Denver, Colorado 80265
Issued By:
Effective Date
Teliaxr lnc.ldaho Tariff No. I
Original Page 23
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.9 Billing and Payments
All bills for service 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 priorto 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 minimurn 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
I 001 l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
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.)
2.9.4 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 penalb/ 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 .5o/o per month or the
maximum rate permitted by law.
2.9.5 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 financial institution.
Issued Bv:
Effective DateIssued
David Aldworth, President
1001 I 6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax, Inc.ldaho Tariff No. I
Original Page 25
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.9 Billing and Payrnents, (Cont'd.)
2.9.6 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. Nonrecuring Charges
Nonrecurring Charges are one time charges that apply for a specific work activity
(i.e., installation of new sen,ice or change to an existing service).
Installation of Service: Nonrecurring Charges apply to each Access Seruice
installed. The charge is applied per line or Trunk.
Issued By:
Effective DateIssued
David Aldworth, President
I 001 I 6tr' Street, B- I 80 # I 02
Denver, Colorado 80265
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 forth in Section 2.9 of this tariff.
2.10.3 If the dispute is resolved in favor of the Cornpany 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
1001 l6tr' Street, B- I 80 # I 02
Denver, Colorado 80265
Issued Bv:
Effective Date:
Teliax, Inc.Idaho Tariff No. I
Original Page 27
ACCESS SERVICE
SECTION 2 - RULE,S AND REGULATIONS, (CONT',D.)
2.11 Payment of Deposits
2.11.1 The Company may, in order to safeguard its interests, require a Customer which has a
proven history of late payrnents to the Cornpany or does not have established credit to
make a deposit prior to or at any time after the provision of service. The deposit is to be
held by the Company as a guarantee of the payment of rates and charges.
2.11.2 A deposit may not exceed the actual or estimated rates and charges for the service for a
two-month period. The fact that a deposit has been made in no way relieves the
Customer from complying with the Company's requirement as to the prompt payment of
bills.
2.11.3 At such time as the provision of the service to the Customer is terminated, the amount of
the deposit will be credited to the Customer's account and any credit balance which may
remain will be refunded. After the Customer has established a one-year prompt payment
record, such a deposit will be refunded or credited to the Customer account at any time
prior to the termination of the provision of the service to the Customer.
2.11.4 In case of a cash deposit, for the period the deposit is held by the Company, simple
annual interest will be applied to the deposit for the number of days from the date the
Customer deposit is received by the Company to and including the date such deposit is
credited to the Customer's account or the date the deposit is refunded by the Company.
2.11.5 If the amount of a deposit is proven to be less than required to rneet the requirements
specified above, the Customer shall be required to pay an additional deposit upon request.
Issued
David Aldworlh, President
1001 l6tr'Street, B-180 #102
Denver, Colorado 80265
Issued By:
Effective Date:
Teliax,Inc.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 deterrnine whether this tariff is being cornplied with in the installation,
operation or maintenance of the Customer's or the Company's facilities or equipment.
The Cornpany may interrupt service at any time, without penalty or liability, due to the
departure from or reasonable suspicion of the depafture 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 Cornpany. No interruption allowance
shall be granted for the tirne 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 camiers and with private systems, subject to
technical limitations established by the Company.
2.13.2 Interconnection with the services or facilities of other colnmon 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 Custorner shall ensure that the facilities or equipment provided by the Customer are
properly interconnected with the facilities or equipment of the Cornpany. 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, tenninate the existing service of the Customer.
Issued
David Aldworth, President
l00l l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Issued By:
Effective Date
Teliax, Inc.Idaho Tariff No. I
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, fordamages of any nature arising from
elrors, 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 equalto 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 lirnitation, 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 seryices 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, lnistake, 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 Cornpany 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 Cornpany's service; 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
1 001 1 6tr' Street, B- I 80 # I 02
Denver, Colorado 80265
Issued By:
Effective Date
Teliaxr lnc.Idaho Tariff No. I
Original Page 30
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
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 indemnifo,
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 property 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 indemnify, 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 Custorner's codes, serices,
equipment, or facilities, with or without the consent or knowledge of the Customer.
Seruice is furnished subject to the conditions that it will not be used: (l) 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, (4) 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 Bv
Effective Date:Issued
David Aldworth, President
l00l l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
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, errors or defects in transmission or other injury,
including but not limited to injuries to persons or property 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 prevailing rate.
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, emor, 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
l00l l6tr'Street, B-180 #102
Denver, Colorado 80265
Issued By
Effective Date:
Teliaxr lnc.Idaho Tariff No. 1
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
1001 l6a' Street, B- 1 80 # 102
Denver, Colorado 80265
Issued By:
Effective Date
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 Seruices (originating toll
free, tenninating traffic and VoIP-PSTN traffic), to the extent the Company receives
sufficient call detail to permit it to detennine the jurisdiction of some or all originating and
terminating access rninutes 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 PIU, 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 pemit it to detennine 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.
Teliax,Inc.Idaho Tariff No. I
Original Page 33
ACCESS SERVICE
Issued:
Issued By:
Effective Date
David Aldworlh, President
l00l l6d' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax, Inc.Idaho Tariff No. I
Original Page 34
ACCESS SERVICE
SECTION 2 - RULES AND RECULATIONS, (CONT',D.)
2.11 JurisdictionalReporting,(Cont'd.)
2.11.2 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 apporlion the usage and/or charges between IntraLATA Toll and local until a
revised reporl 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 PLU as
50 percent IntraLATA TollUsage 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 Reporling Timelines
The Customer shall provide to the Company, to be received no later than 15 days after the
end of each quafter, a revised repoft reflecting the aforementioned factors, as applicable, for
the past three (3) months, for each service aranged 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 repofts 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 DateIssued
David Aldworth, President
l00l I 6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax, Inc.Idaho Tariff No. I
Original Page 35
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.11 Jurisdictional Reporling, (Cont'd.)
2.11.4 Jurisdictional Repofts
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 fonnat, and other information from which
the appropriate factors can be ascertained and, upon request of the Cornpany, shall make the
records available for inspection as reasonably necessary for purposes of verification of the
factors. The Company reserues the right to conduct an audit, internally or with an external
firm, at any time during the year. The Custorner, 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 incomect, the
Cornpany 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 repofted, but not to exceed l2 months. Back-billed arnounts 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, submitted to the Company by the auditor.
Within l5 days of completion of the auditor's report, 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
1001 1 6tr' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. 1
Original Page 36
ACCESS SE,RVICE
SECTION 2 - RULE,S 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. 10-90, etc., F.C.C. Release No. 11-161 (November 18,
20ll) (F.C.C. Order). Specifically, this section establishes the method of separating Toll VolP-
PSTN Traffic from the Customer's traditional intrastate access traffic, so that Toll VoIP-PSTN
Trafhc 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. l.
2.18.1 Calculation and Application of Percent-VolP-PSTN-Usage Factors
The Company will deterrnine 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
VolP 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 1,2074, the PVU will be
applied to both originating and tenninating 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
VolP 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 VolP subscriptions in
the State (e.g., as reporled on FCC Form 477), traffic studies, actual call detail, or
other relevant and verifiable information.
B
Issued By:
Effective DateIssr.red
David Aldworth, President
1001 l6d' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. I
Original Page 37
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.)
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 Custorner, as described above, to determine the
number of relevant VoIP-PSTN Traffic MOUs.
Example l:TIre PVU-B is 50% and the PVU-A is l0%o. The effective PVU
factor is equal to 14.5oh PVU-A + (PVU-B x (l- PVU-A)):
PYU%. The Company will bill 14.5% of the Customer's
applicable intrastate access MOU in accordance with the
Company's interstate switched access tariff.
Exarnple 2 The PVU-B is 0% and the PVU-A is l0%. The effective PVU
factor is l0% PVU-A + (PVU-B x (1- PVU-A)) : PVU%. The
Company will bill 10Yo 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 By:
Effective Date:Issued
David Aldworth, President
1001 16tr'Street, B-180 #102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page 38
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.18 Identification and Rating of Toll VoIP-PSTN Traffic, (Cont'd.)
2.1 8.1 Calculation and Application of Percent-VolP-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 0oZ, the Cornpany will utilize a PVU equal to
zero.
The Customer shall not modifu their reported PIU factor to account for Toll
VoIP-PSTN Traffic.
G 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.
Issued
David Aldworth, President
I 001 16tr' Street, B- 1 80 # 102
Denver, Colorado 80265
Issued By:
Effective Date:
F.
Teliax, Inc.Idaho Tariff No. I
Original Page 39
ACCESS SERVICE
2.18
SECTION 2 - RULES AND REGULATTONS, (CONT',D.)
Identification and Rating of Toll VolP-PSTN Traffic, (Cont'd.)
2.18.3 PVU Factor Verification
A 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 forrnat, and other infonnation 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 Cornpany may dispute the Customer's PVU factors based upon:
A review of the requested data and information provided by the
Customer;
The Cornpany's reasonable review of other market inforrnation, F.C.C.
repofts on VolP lines, such as F.C.C. Form 477 or state level results
based on the F.C.C. Local Competition Report or other relevant data; and
A change in the repofted PVU factor by more than five percentage points
from the preceding quarter.
a.)
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 DateIssued
David Aldworlh, President
1001 l6d'Street, B-180 #102
Denver, Colorado 80265
l.
2.
Teliax, Inc.Idaho Tariff No. I
Original Page 40
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, (Cont'd.)
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. ln such cases the associated auditing expenses will be paid by the
Customer.
I In the event that the Customer fails to provide adequate records to enable
the Company or an independent auditor to conduct an audit verifying 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.
2.During the audit, the most recent undisputed PVU factors from a
previous reporting period will be used by the Company.
J 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 quafters before new factors can be
subrnitted by the Custorner.
4.If the audit suppofts the Customer's PVU factors, the usage for the
contested periods will be adjusted to reflect the Customer's audited PVU
factors.
Issued:
David Aldworth, President
1001 l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Issued Bv
Effective Date:
Teliax, Inc.Idaho Tariff No. I
Original Page 4l
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT',D.)
2.19 Obligations of the Customer
2.19.1 Damages
The Customer shall reirnburse the Company for damages to Company facilities utilized to
provide services under this tariff caused by the negligence or willful act of the Customer,
or resulting from improper use of the Company's facilities, or due to malfunction of any
facilities or equipment provided by other than the Company, except that no Customer
shall be liable for another Customer's actions.
2.19.2 Ownership of Facilities
Facilities utilized by the Company to provide service under the provisions of this tariff
shall remairr the propefty of the Cornpany. Such facilities shall be returned to the
Cornpany by the Custorner, wherrever requested, within a reasonable period following the
request in as good condition as reasonable wear perrnits. Customer shall reimburse the
Cornpany, upon demand, for any costs incun'ed by the Cornpany due to Customer's
failure to comply with this provision.
2.19.3 Equipment Space and Power
The Customer shall furnish to the Cornpany, at no charge, equipment space and electrical
power required by the Company to provide services under this tariff at the points of
terrnination of such services. The selection of ac or dc power shall be mutually agreed to
by the Custorner and Company. The Customer shall also make necessary affangements
in order that the Company will have access to such spaces at reasonable times for
installation, testing, repair, maintenance or removal of Company service.
2.19.4 Testing
The service provided under this tariff shall be made available to the Cornpany at times
mutually agreed upon in order to permit the Company to make tests and adjustments
appropriate for maintaining the services in satisfactory operating condition. No credit
will be allowed for any interruption during such tests and adjustments.
Issued By:
Effective DateIssued
David Aldworth, President
1001 16d' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliaxo Inc.Idaho Tariff No. I
Original Page 42
ACCESS SERVICE
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.19 Obligations of the Customer, (Cont'd.)
2.19.5 Design of Custorner Services
The Customer shall be responsible for its own expense for the overall design of its
services and for any redesigning or rearangements of its services which may be required
because of changes in facilities, operations or procedures of the Company, minimum
protection criteria or operating or maintenance characteristics of the facilities.
2.19.6 Network Contingency Coordination
The Customer shall, in cooperation witlt the Company, coordinate in planning the actions
to be taken to maintain maximum network capability following natural or man-made
d i sasters wh ich affect te lecornmun ications seniice.
Issued By:
EfTective Date:Issued
David Aldworth, President
I 001 l6tr' Street, B- 1 80 # I 02
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. I
Original Page 43
ACCE,SS SE,RVICE
SECTION 3 - SWITCHED ACCESS SERVICE
3.1 General
Switched Access Service, which is available to a Customer for use in furnishing services to end
users, provides a two-point electrical communications path between a Customer's premises and an
end user's premises. It provides for the use of common and dedicated terminations, switching and
trunking facilities, and for the use of common subscriber plant of the Company. Switched Access
Service provides for the ability to originate or terminate calls from an end user's premises to a
Customer's premises. When the Customer is a CMRS provider, Switched Access Service rates
apply for all interMTA traffic.
Switched Access Service is also available to pass calls between a Customer's premises and the
premises of another carrier, including a CMRS provider and an Interconnected IP Wholesale
provider.
The application of rates for Switched Access Service is described in Section 4 following. Rates
and charges for services other than Switched Access Service, i.e., a Custorner interLATA toll
message service, may also be applicable when Switched Access Service is used in conjunction
with these other services.
Arrangements for indirect or direct interconnection by Local Exchange Camiers, Cornpetitive
Local Exchange Carriers, Wireless Providers (Commercial Mobile Radio Services (CMRS) and
Personal Communications Services (PCS)) and Interconnected Wholesale Providers with the
Company's facilities for the completion of local and intraLATA toll traffic will be negotiated on
a case by case basis, provided that, in cases where no agreement is in place for completion of
such calls, the Company may charge one of the following rates: the state authorized LINE
Switching rate(s) or the rate being charged by the other carrier for the Company's traffic
terminating on the other camier's network.
3.1 .1 Ordering Conditions
Except as provided elsewhere in this tariff, all services offered under this tariff will be
ordered using an Access Service Request (ASR). The format and tenns of the ASR will
be as specified in the industry Access Service Order Guidelines (ASOG), unless
otherwise specified herein.
3.1 .2 Access Service Intervals
Access Service is provided with one of the following Service Date intervals
-Standard Interval
-Negotiated lnterval
Issued By:
Effective DateIssued
David Aldworth, President
l00l l6tr'Street, B-180 #102
Denver, Colorado 80265
Teliax, Inc.Idaho Tariff No. 1
Original Page 44
ACCESS SITRVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.)
3.1 General, (Cont'd.)
3.1.2 Access Service Intervals, (Cont'd.)
The Company will specifo a Firm Order Confirmation (FOC) and the Service
Commencement Date contingent on the ASR being complete as received. To the extent
the Access Service can be made available with reasonable effort, the Company will
provide the Access Service in accordance with the Customer's requested internal, subject
to the following conditions:
A. Standard Interval
The Standard Interval for Access Serrrice will be specified at the time the order is
placed. This interval only applies to standard service offerings for a Customer
which is On-Net and at locations where there are pre-existing facilities to the
Customer Premises. Access Service provided under the Standard Interval will be
installed during Company business hours.
B. Negotiated Interval
The Cornpany will negotiate a Service Date Interval with the Customer when:
the Customer requests a Service Date before or beyond the applicable
Standard Interval Service Date: or
there is no existing facility connecting the Customer Premises with the
Company; or
the Customer requests a service that is not considered by the Company to
be a standard service offering (i.e., if additional engineering is required
to complete the order); or
The Company determines that Access Service cannot be installed within
the Standard Interval.
The Company will offer a Service Date based on the type and quantity of Access
Seruice the Customer has requested. The Negotiated Interval may not exceed the
Standard Interval Service Date by more than six (6) months, or, when there is no
Standard Interval, the Company offered Service Date.
2
aJ
4
Issued Bv
Effective Date:Issued:
David Aldworth, President
I 001 l6a' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. I
Original Page 45
ACCESS SERVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.)
3.1 General, (Cont'd.)
3.1.3 Access Service Request Modifications
Any increase in the number of Access Service lines, Trunks, Access transport facilities,
Out of Band Signaling connections or any change in engineering or functionality of a
service will be treated as a new ASR with a new Service Date Interval.
A. Service Commencement Date Changes
If the Custorner requested service date is more than thiq, (30) calendar days after
the original service date, the order will be canceled by the Company on the
thirry-first day. Appropriate cancellation charges will be applied. If the
Customer still requires the service, the Custorner must place a new ASR with the
Company.
The Service Date Change Charge will apply on a per order, per occurrence basis
for each service date changed. The applicable charges are set forth in Section 4.
Issued By:
Effective DateIssued
David Aldworth, President
1001 l6rr' Street, B- I 80 # 102
Denver, Colorado 80265
ASR service date for the installation of new services or rearrangement of existing
services may be changed, but the new service date may not exceed the original
Service Commencement Date by more than thirty (30) calendar days. When, for
any reason, the Customer indicates that service cannot be accepted for a period
not to exceed thirfy (30) calendar days, and the Company accordingly delays the
start of service, a Seruice Date Change Charge will apply. In addition, when the
Customer submits a request for Service Date Change that is less than five (5)
business days from the date of notification by the Customer, a Service Date
Change Charge and an Expedited Order Charge will apply. No Expedited Order
Charge will apply if the Customer requests a Service Date Change that is more
than five (5) business days from the date of request by the Customer but earlier
than the original requested Service Commencement Date.
Teliax, Inc.Idaho Tariff No. I
Original Page 46
ACCE,SS SERVICE,
SE,CTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.)
3.1 General, (Cont'd.)
3.1.3 Access Service Request Modifications, (Cont'd.)
B. Design Change Charge
The Customer may request a Design Change to the service order. A Design
Change is any change to an ASR which requires Engineering Review. An
Engineering Review is a review by Company personnel of the service ordered
and the requested changes to determine what changes(s) in the design, if any, are
necessary to meet the Customer's request. Design Changes include such changes
as the addition or deletion of optional features or functions, a change in the type
of Transport Termination (Switched Access only) or type of Channel interface.
Any other changes are not considered Design changes for purposes of this
subsection and will require issuance of a new ASR and the cancellation of the
original ASR with appropriate cancellation charges applied.
The Design Change Charge will apply on a per order, per occurrence basis, for
each order requiring a Design Change. The applicable charges, as set fofth in
Section 4, are in addition to a Service Date Change Charges that may apply.
C. Expedited Order Charge
When placing an Access Order for services(s) for which a Standard Interval
exists, a Customer may request a Service Cornmencement Date that is earlier
than the Standard Interval Service Date, in which case an Expedited Order
Charge will apply. The Expedited Order Charge will not apply if the new
Service Commencement Date is more than five (5) days from the date of the
request to the Company of the expedited order request. The request for an earlier
service date may be received from the Customer prior to its issuance of an ASR,
or after the ASR has been issued but prior to the service date. The Company has
the exclusive right to accept or deny the Expedited Order request. However if,
upon reviewing availability of equipment and scheduled work load, the Company
agrees to provide service on an expedited basis and the Customer accepts the
Company's proposal, an Expedited Order Charge will apply.
Issued
Issued By:
Effective Date:
David Aldworth, President
l00l 16tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax, [nc.Idaho Tariff No. 1
Original Page 47
ACCESS SERVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.)
3.1 General, (Cont'd.)
3.1.3 Access Service Request Modifications, (Cont'd.)
C. Expedited Order Charge, (Cont'd.)
If the Company is subsequently unable to meet an agreed upon expedited service
date, then the Expedited Order Charge will not apply.
In the event the Company provides service on an expedited basis on the
Customer's request, and the Customer delays service or is not ready for delivery
of service at the time of installation, a Service Date Change Charge will apply in
addition to the Expedited Order Charge.
In the event the Custorner cancels an expedited request, the Expedited Order
Charge will be added to allapplicable Cancellation Charge specified herein.
ln the event the Customer requests a Service Date Change after the Company has
received the original expedite request, the Expedited Order Charge will still
apply.
An Expedited Order Charge will not be applied to orders expedited for Cornpany
reasons.
If costs other than additional administrative expenses are to be incurred when the
Access Order is expedited, the regulations and charges for Special Construction
as set forth in this tariff will apply.
The Expedited Order Charge will apply on a per order, per occurrence basis, as
specified in Section 4 Rates.
Issued:
David Aldworth, President
1001 l6tr'Street, B-180 #102
Denver, Colorado 80265
lssued Bv
Effective Date:
Teliax, Inc.Idaho Tariff No. I
Original Page 48
ACCESS SERVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.)
3.1 General, (Cont'd.)
3.1 .4 Application of Access Charges to Toll VolP-PSTN Traffic
All Toll VolP-PSTN traffic will be assessed switched access at rates set forth in
the Company's applicable interstate switched access Tariff FCC No. l.
The Company shall assess and collect switched access rate elements under this
tariff for access services, regardless of whether the Company itself delivers such
traffic to the called parry's premises or delivers the call to the called parry's
premises via contractual or other arrangements with an affiliated or unaffiliated
provider of VoIP service that does not itself seek to collect switched access
charges for the same traffic. The Company will not charge for functions not
performed by the Company, its affiliated or unaffiliated provider of VolP service.
For purposes of this provision, functions provided by the Company as part of
transmitting telecommunications between designated points using, in whole or in
part, technology other than TDM transmission in a manner that is comparable to
a service offered by a local exchange carrier constitutes the functional equivalent
of carrier access service.
A
B
Issued Bv
Effective Date:Issued:
David Aldworth, President
1001 l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax,Inc.ldaho Tariff No. I
Original Page 49
ACCESS SE,RVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.)
3.2 Rate Categories
The Company applies traditional per minute of use switched access rate elements to originating
and terminating traffic including Tandem Services. Switched Access Services may include
charges for 1+ domestic and international traffic and 8XX traffic, 500, 700, & 900 access traffic,
950 traffic, and etc. The rate elements may include the following rate categories:
- Carrier Common Line
- Local Switching
- Transport
- 8XX Database Query
- Last Resort LNP Queries
The Company assesses the per minute of use rate elements plus 8XX Data Base Query rates for
originating 8XX Access seryices.
For Tandem Services, including for CMRS, and Interconnected Wholesale Providers, the
Company assesses traditional per minute of use switched access rate elements and 8XX Database
Query charges, as applicable. The rate elements rnay include the following rate categories:
- Tandem Switching
- Transport
- 8XX Database Query
Ancillary access charges are billed in addition to the primary access charge rate categories listed
above. Ancillary access rate elements are billed in addition to the rate element per minute of use
charges and may include, but are not limited to 500/900 Access Service, Inward Operator
Services, Operator Pass Through Service, Billing Name and Address, and recording services.
3.2.1 Carrier Common Line
The Carrier Common Line rate category includes the charges related to the use of
common lines by Customers and end users for intrastate access and the terminations in
the local end office ofend user lines.
Issued By:
Effective DateIssued
David Aldworth, President
1001 l6rr' Street, B-180 #102
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. I
Original Page 50
ACCESS SERVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.)
3.2 Rate Categories, (Cont'd.)
3.2.2 End Office Local Switching
The Local Switching rate category establishes the charges related to the use of local
office switching equipment, the terminations of calls at Company Intercept Operators or
recordings, the use of common trunk port, the use of Signaling Transfer Point (STP), and
the SS7 signaling function between the end office and the STP. End Office Local
Switching may include any functional equivalent of the incumbent local exchange carrier
End Office Local Switching access senrice provided by the Company via analogous
facilities.
Where local end offices are appropriately equipped, international dialing may be
provided. International dialing provides the capability of switching international calls
with service prefix and address codes having more digits than are capable of being
switched through a standard equipped end office.
3.2.3 Transport
The Transporl rate category provides the transmission and transport termination facilities
between the Customer premises and the switch(es) where the Customer traffic is switched
to originate or terminate its communications. Transpoft may include any functional
equivalent of the incumbent local exchange carrier Transport access service provided by
the Company via analogous facilities. The rate components may include:
Transporl - Termination
Transport - Facility
Interconnection Charge
The Company will work cooperatively with the Customer in determining (l) whether the
service is to be directly routed to an end office switch or through an access tandem
switch, and (2) the directionality of the service.
A. Transmission Paths
The number of Transport transmission paths provided is based on the Customer's
order and is determined by the Company.
Interconnection
Interconnection of non-Company switched access transport facilities is available
between an end office and a Customer point of presence where such facilities are
provided.
Issued By:
Effective DateIssued
David Aldworth, President
I 001 l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
B.
Teliax,Inc.Idaho Tariff No. I
Original Page 51
ACCESS SERVICE
SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.)
3.2 Rate Categories, (Cont'd.)
3.2.4 TandernSwitching
The Tandem Switching category establishes the charges associated with "switching" the
call through the Company's switching office from the "incoming" trunk group to the
"outgoing" trunk group.
Tandem Switching charges apply when the Company passes a call between the Customer
and another carrier, including CMRS providers and Interconnected Wholesale providers.
Tandem switching charges may include charges for rnultiplexing and associated trunk
por1s, where applicable. Tandem Switching may include any functional equivalent of the
incumbent local exchange carrier Tandem Switching access service provided by the
Company via analogous facilities.
3.2.5 8XX Data Base Query Service
8XX Data Base Query Service is a service offering utilizing originating trunk side
Switched Access Service. When an 8XX + NXX + XXXX call is originated by an end
user, the Company will perform Customer identification based on screening of the full
ten-digits of the 8XX number to determine the Customer location (Carrier identification
Code or destination routing number) to which the call is to be routed. This service is
billed based on a per query charge.
3.2.6 Local Routing Number (LRN) Query Service of Last Resoft
LRN Query Service of Last Resort can be used when a call is routed to the Company's
local or tandem switching office where the dialed telephone number is portable and a
query has not been performed to identify the correct Carrier for routing of the call. A
LRN query will be performed and the call will be re-routed to the correct Carrier. This
service charge is a per query charge and will be billed to the Carrier originating the call.
Issued:
David A ldworth, President
1001 I 6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Issued By
Effective Date:
Teliaxr lnc.Idaho Tariff No. I
Original Page 52
ACCESS SERVICE
4.1
SE,CTION 4 - RATES AND CHARGES
Switched Access Service
4.1.1 Servicelmplementation
A. Installation Charge (Per Trunk)
Entrance Facilit),
2-wire
Each additional 2-wire
4-wire
Each additional4-wire
First DSI
Each additional DS I
4.1.2 Change Charges (per order)
Charge per Occunence
Service Date Change Charge, per order
Design Change Charge, per circuit
Design Change Charge,
per DS3 and higher circuit
Expedited Order Charge,
per location, per order
Service Order Charge, per order
Access Carrier Name Abbreviation (ACNA)
Change (per trunk)
Billing Account Nurnber (BAN) Change
Customer Circuit Identification (CKR) Change
Returned Check Charge
Cancellation
(after 3 business days frorn order placement)
Installation Charse (per channel)
Nonrecurring Charge
$ 100.00
$ 100.00
sl s0.00
$ 1 s0.00
$3 I 3.2s
$3 13.25
Nonrecurring Charge
$s0.00
$ 1 s0.00
$300.00
$2s0.00
$2s.00
s170.00
$ 170.00
$22.00
$2s.00
Full NRC plus $250.00, per order
Issued By:
Effective DateIssued:
David Aldworlh, President
I 001 l6'h Street, B- 1 80 # 102
Denver, Colorado 80265
Teliaxr lnc.Idaho Tariff No. I
Original Page 53
ACCESS SERVICE
4.1
SECTION 4 - RATES AND CHARGES, (CONT',D.)
Switched Access Service, (Cont'd.)
4.1.3 Cancellation Charges (per order)
Cancellation charge - Individual Case Basis.
4.1.4 Direct Connect Charges
Entrance Facility Type
2-wire
4-wire
Per DSI
Monthly Recurring Charge
$30.00
$4s.00
$ 1 s0.00
Issued By:
Effective DateIssued:
David Aldworth, President
1001 16d'Street, B-180 #102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page 54
ACCESS SERVICE
SECTION 4 - RATES AND CHARGES, (CONT',D.)
4.1 Switched Access Service, (Cont'd.)
4.1.5 Local Switching
A. The Local Switching rate is applied per minute of use rate
B. Common Trunk Port
The Common Trunk Port (CTP) rate element is applied per minute of use when
traffic is delivered from an access tandem for local switching or switched from a
host office to a remote end office.
North
South
North
South
Originating
$0.0142160
$0.0r69r80
Originating
$0.0013000
s0.0004990
Tenninating
Note I
Note I
Terminating
Note 1
Note 1
Note 1: See the Company's Access Services Tariff FCC No. I at the following link
https ://apps.fcc. gov/etfs/publ icllecTariffs.action?idLec:5 84.
Issued:
David Aldwofth, President
100 I 16tr' Street, B- I 80 # I 02
Denver, Colorado 80265
Issued By
Effective Date:
Teliaxr lnc.Idaho Tariff No. 1
Original Page 55
4.1
ACCESS SERVICE
SECTION 4 - RATES AND CHARGES, (CONT',D.)
Switched Access Service, (Cont'd.)
4.1.6 Tandem Switching and Transport Rate Elements
A. The Tandem Switching rate element is applied per minute of use for traffic
switched through an access tandem.
B. Common Transport
Common Transpoft applies to traffic routed to or from an access tandem or from
a host office to or from a remote end office. The Transport Termination rate
element is applied per minute of use for the facility termination and per minute
per mile for the Transport Facility.
North
South
All Areas
Transport Termination
Per Minute of Use
Over0toSmiles
Over 8 to 25 miles
Over 25 to 50 miles
Over 50 miles
Transport Facility
Per Minute of Use Per Mile
Over0to8miles
Over 8 to 25 miles
Over 25 to 50 miles
Over 50 miles
Originating Terrninating
Originating
$0.0039640
$0.0024690
Terminating
Note I
Note 1
Note I
Note 1
Note 1
Note 1
Note I
Note I
Note I
Note I
$0.000431
$0.000480
s0.000490
$0.000ss 1
$0.000022
$0.000023
$0.000023
$0.000024
Note l: See the Company's Access Services Tariff FCC No. 1 at the following link
https://apps.fcc.sov/etfs/oublic/lecTariffs.action?idl .
Issued
David Aldworth, President
l00l l6tr'Street, B-180 #102
Denver, Colorado 80265
Issued Bv:
Effective Date
Teliax,Inc.Idaho Tariff No. 1
Original Page 56
ACCESS SERVICE
4.1
SECTION 4 - RATES AND CIIARGES, (CONT',D.)
Switched Access Service, (Cont'd.)
4.1.7 8XX Data Base Access Service
The 8XX Data Base Access Service query charge rate may vary depending on the
locality. POTS Translation and Call Handling charges are optional features which apply
in addition to the Number Delivery charge.
800 Query
Basic, per query $0.0035000
4.1.8 Direct-Trunked Transport
Offered on an individual case basis.
Issued By:
Effective Date:Issued
David Aldworlh, President
I 001 l6th Street, B- 180 # I 02
Denver, Colorado 80265
Teliaxo Inc.Idaho Tariff No. I
Original Page 57
ACCESS SERVICE
4.1
SECTION 4 - RATES AND CHARGES, (CONT',D.)
Switched Access Service, (Cont'd.)
4.1.9 Other Switched Access Charges
Rate Element
A. BNA (Billing Name & Address)
per 10-digit ANI requested
B. Media Options Charge
Automatic Number Identification (ANI)
Per ANI delivered
LRN Query of Last Resort - per Query
C.
D.
Access Rate
$0.20
Customers who elect
to receive a paper or
CD-ROM version of
their invoice will incur
a surcharge of $15.00
per bill cycle.
$0.000080
$.0029120
Issued Bv
Effective Date:Issued
David Aldwofth, President
I 001 l6tr' Street, B- I 80 # 102
Denver, Colorado 80265
Teliax,Inc.Idaho Tariff No. I
Original Page 58
ACCESS SERVICE
4.2
SECTION 4 - RATES AND CHARGES, (CONT',D.)
Carrier Identification Code Opening Charge
4.2.1 General
A Customer may request the opening of its Canier Identification Code (CIC) on the
Company's switches to allow the Company's end users to select the Customer as their
interLATA, IntraLATA, interstate and/or intemational service provider. A Charge is
applicable for each switch in which the CIC is opened.
4.2.2 Rates and charges
CIC/ASR Charge per switch $s0.00
Issued By:
Effective Datelssued:
David Aldwofth, President
1001 l6a' Street, B- I 80 # I 02
Denver, Colorado 80265
Teliax, Inc.Idaho Tariff No. I
Original Page 59
ACCESS SERVICE
SECTION 5 - CUSTOMER SPECIFIC CONTRACTS
5.1 General
Issued:
The Company may provide any of the seruices offered under this Access Seruice TarifI, or
combinations of services, to Customers on a contractual basis. The tenns and conditions of each
contract offering are subject to the agreement of both the Customer and Cornpany. Such contract
offerings will be made available to similarly situated Custorners in substantially similar
circumstances. Rates in other sections of this Access Service Tariff do not apply to Customers who
agree to contract arrangements, with respect to services within the scope of the contract.
Services provided under this Section are not eligible for any promotional offerings which may be
offered by the Company from time to time.
Contract terms and conditions pursuant to this section are available to any similarly situated
Customer that places an order within 90 days of the contract effective date.
David Aldworlh, President
1001 l6d'Street, B-180 #102
Denver, Colorado 80265
Issued Bv
Effective Date: