Telmex USA LLC.pdf

Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page
Issued: August 19, 2004
Effective: August 30, 2004
TELMEX USA, L.L.C.
REGULATIONS AND SCHEDULE OF CHARGES FOR
RESALE OF COMPETITIVE INTRASTATE
TELECOMMUNICATIONS SERVICES
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
. .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 2
Issued: August 19 , 2004
Effective: August 30 2004
CHECK PAGE
All of the pages of this Price List are effective as of the date shown at the top of the page. Original and revised
pages as named below comprise all changes.
PAGE
* New or revised current filing.
REVISION
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Idaho Public Utilities Commission
Office of the Secretary
. ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
__._.._,-..... -
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 3
Issued: August 19 , 2004
Effective: August 30 , 2004
PAGE
* New or revised current filing.
CHECK PAGE (continued)
REVISION
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fd,aho P~blic Utilities Commission
OffIce of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
. "
Boise, Idaho
~"'-~""""'"
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI33027
Idaho P.C. No.
Original Page 4
Issued: August 19, 2004
Effective: August 30 , 2004
PAGE
* New or revised current filing.
CHECK PAGE (continued)
REVISION
Original Page
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Idaho PI~blic Utilities Commission
OffIce of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 5
Issued: August 19, 2004
Effective: August 30, 2004
PAGE
* New or revised current filing.
CHECK PAGE (continued)
REVISION
Original Page
Original Page
Original Page
Original Page
Idaho ~~blic Utilities Commission
OffIce of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Idaho P.C. No.
Original Page 6
Issued: August 19 , 2004
Effective: August 30 , 2004
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
TABLE OF CONTENTS
Page No.
Title Page ............................................................................
Check Page ......................................................................,.
Table of Contents ...........,..........................................................
Concurring, Connecting, or Other Participating Carriers ........................................
Symbols .............................................................................
Price List Format .............................,........................................
Section1-DefinitionsandAbbreviations....................................................
Section2-RulesandRegulations ........................................................
Section3-DescriptionofSwitchedServices................................................
Section4-RatesandCharges ..........................................................
Section5-Promotions ....................................,............................
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI33027
Idaho P.C. No.
Original Page 7
Issued: August 19, 2004
Effective: August 30, 2004
CONCURRING, CONNECTING OR
OTHER PARTICIPATING CARRIERS
None
SYMBOLS
The following are the only symbols used for the purposes indicated below:
Changed regulation
Discontinued rate or regulation
Increase
Matter relocated without change
New rate or regulation
Reduction
Reissued matter
Change in text, but no change in rate or regulation
I~aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FiliNG
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 8
Issued: August 19, 2004
Effective: August 30 2004
PRICE LIST FORMAT
Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered
sequentially. However, new pages are added to the Price List from time to time. When a new page is
added between pages already in effect, a decimal is added. For example, a new page added between
pages 14 and 15 would be 14.
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.
Paragraph Numbering Sequence - There are seven levels of paragraph coding. Each level of coding
is subservient to its next higher level:
1 (A)
1 (A).
1 (A).
1 (A).
1 (A).i(1)
Check Pages - When a Price List filing is made with the Commission, an updated check page
accompanies the Price List filing. The check page lists the pages contained in the Price List with a
cross-reference to the current revision number. When new pages are added, the check page is
changed to reflect the revision.
Id.aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOr( FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 9
Issued: August 19 , 2004
Effective: AuQust 30 , 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
ANI: Automatic Number Identification. A process used to identify the calling station. For example, Customers
such as call centers pay for caller s telephone numbers to be sent to them simultaneously with their incoming
toll free service calls.
Applicant: Any entity or individual who applies for Service under this Price List.
Authorization Code: A pre-defined series of numbers to be dialed by the Customer or End-User upon access
to the Company s system to identify the caller and validate the caller s authorization to use services authorized
by their account. The Customer is responsible for charges incurred through the use of the Customer s assigned
Authorization Code.
Authorized User: A person, firm, corporation or other entity (including Customer) that 1) is authorized by the
Customer to be connected to and utilize the Company s Services under the terms and regulations of this Price
List or 2) either is authorized by the Customer to act as the Customer in matters of ordering, changing or
canceling Service or is placed in a position by the Customer, either through acts or omissions , to act as
Customer in such matters. Such actions by an Authorized User shall be binding on Customer and shall subject
Customer to any associated charges.
Blocking: A temporary condition that may be initiated so that the Customer cannot complete a telephone call.
Business Customer: A Customer whose use of the Services is primarily or substantially for a business
professional, institutional , or occupational purpose.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOH FILING
AUG 3 0 2004
Boise, Iclaho
Telmex USA, L.L.C.
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 10
Issued: August 19 , 2004
Effective: August 30 , 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
Carrier Common Line Charges: The charges the long distance companies pay to the local telephone
companies for carrier common line access service which provides for the use of end user s telephone company
provided common lines by subscribers for access to such end users to furnish interstate communications.
Cardholder: The associate, member, Customer or other individual that uses the Company s Prepaid Calling
Card Service.
CLEC: Competitive Local Exchange Carrier. Any carrier or reseller offering local exchange
telecommunications services other than the incumbent LEC.
Company: Telmex USA, L.L.C.
Company-Provided: The switching, transmission , and other related telecommunications or computer
equipment/facilities provided by the Company or by any combination of the Company, the LEC, or other
authorized Third Party Vendors contracted by the Company.
Commission: Commission refers to the Public Utility Commission or any succeeding agency.
Credit Card: Visa(8), MasterCard(8), or other Credit Cards issued by other companies the Company may accept.
Customer: A person or legal entity which subscribes to the Company s Services and thereby assumes
responsibility for the payment of charges and compliance with the Company s Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
.. ..... -.. ..
Telmex USA, L.L.C.3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page
Issued: August 19, 2004
Effective: AuQust 30 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
Customer Premises/Customer s Premises: Location(s) designated by a Customer where Service is
originated/terminated.
Direct-Dialed: A call placed by the caller without operator assistance (either live or automated).
End User: The person or legal entity which uses the Service provided by the Company.
Equal Access: Enables the Customer to place long distance calls without the need to first dial a special code.
Flat Rate: Charging a rate per minute irrespective of the distance the call is carried or the time- of-day or day-
of-week the call is placed.
Initial and Additional Period: The Initial Period denotes the minimum interval of time billed at the rate
specified for a connection between given service points. The Additional Period denotes the interval of time
used for measuring and charging time in excess of the Initial Period.
InterLATA: Any call or transmission that originates in one LATA and terminates in a different LATA.
IntraLATA: Any call or transmission that originates in one LATA and terminates within the same LATA.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
. ..." )
Telmex USA, L.L.C.
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P .C. No.
Original Page 12
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
LATA: Local Access Transport Area. A geographically defined regulatory boundary established by the
Modification of Final Judgement.
LEC: Local Exchange Carrier.
Local Access: The service between a subscriber s premise and a Company-designated POP.
Local Access Provider: An entity providing Local Access.
Modification of Final Judgment: The judicial opinion United States vs. American Telephone & Telegraph
Company, 552 F. Supp. 131 (D.C. 1982). See United States v. Western Electric Co., 552 F. Supp.131 (D.
1982), affd sub nom. Maryland v. United States , 460 U.S. 1001 (1983).
MRC: Monthly Recurring Charge.
MTM: Month-to-Month.
MTS: Message Telecommunications Service.
NPA: Numbering Plan Area. More commonly referred to as an area code.
NXX: NXX represents the first three digits of a Customer s telephone number. N is a number between 2 and
9. X is a number between 0 and 9.
PIC: Primary Interexchange Carrier.
PICC: PICC stands for Preferred Interexchange Carrier Charge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
-.._..._~... .,
Telmex USA, L.L.C.
3350 SW 148 Avenue, Suite 132
Miramar, FI33027
Idaho P.C. No.
Original Page 13
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
PIN: Personal Identification Number. A unique number assigned to each calling card for the purpose of
accessing Service.
Platform: The proprietary technology and associated computer equipment that is used in conjunction with
Prepaid Service(s).
Prepaid Calling Card: Prepaid Calling Card Service allows a Customer to purchase a predetermined amount
of access to the Company s long distance Services prior to the use of Service. Prepaid Calling Cards are also
called debit cards.
Prepaid Long Distance: Prepaid Long Distance Service allows a Customer to purchase a predetermined
amount of access to the Company s long distance Services prior to the use of Service.
Prepaid Service(s): Prepaid Services include all Services offered under this Price List which require payment
in advance of use of Service.
: P.C. stands for Public Utilities Commission of Idaho, or any succeeding agency.
Reseller: A Customer that resells the Company s Service(s) with the Company s authorization.
Residential Customer: A Customer whose use of the Service is primarily or substantially of a social or
domestic nature; and business use, if any, is incidental.
Service: Any or all services provided pursuant to this Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 14
Issued: August 19 , 2004
Effective: AuQust 30 2004
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
Service Order: The standard Company order form(s), in effect from time-to-time, or Customer s forms
accepted in writing by an authorized representative of the Company for Service which shall enable the
Company to provide Service.
State: State refers to the State of Idaho.
Switched Access: A transmission line that is switched through the LEC or CLEC to reach the long distance
network. Switched access arrangements are only available from the subscriber s local telephone company.
Switched Services(s): Any Services which use message switches to share inter-switch transport.
Third Party Vendor: A company, entity or individual, other than the Company, designated by the Company
that provides the facilities and/or the equipment required to provide Service(s).
TFAN: Toll Free Access Number.
Toll Free Access Number: A telephone number established for the purpose of accessing one of the
Company s Platforms where the caller does not incur a charge for placing the call to the access number. The
area code for a toll free access number is either 800, 877 , or 888 or other area code assignments as
appropriate.
: U.F. stands for Universal Service Fund.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 02004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 15
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Application of the Price List
This Price List contains the descriptions, regulations, and rates applicable to intrastate long
distance telecommunications Service originating and terminating within the State under the
terms of this Price List offered by the Company with principal offices located at 3350 SW 148
Avenue, Suite 132, Miramar, FI 33027. Services are offered subject to the availability of
facilities and the terms and conditions of this Price List.
The Company shall not be deemed to have waived or impaired any right , power, requirement
or option reserved by this Price List (including, without limitation , the right to demand exact
compliance with every term and condition herein), by virtue of any custom or practice of the
Company at variance with the terms hereof, or any failure, refusal or neglect of Company to
exercise any right under this Price List or to insist upon exact compliance with its terms, or any
waiver, forbearance, delay, failure or omission by Company to exercise any right, power or
option hereunder.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILiNG
AUG 3 0 2004
boise, ~daho
.. . - .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 16
Issued: August 19 , 2004
Effective: AuQust 30 , 2004
Limitations On Service
SECTION 2 - RULES AND REGULATIONS
Service is offered subject to the availability offacilities, equipment, or systems, the Company
ability to fulfill the request for Service and the provisions of this Price List. Services offered in
this Price List are available in all states where the Company has obtained the regulatory
approvals to operate. Service is not offered where operating conditions do not permit. The
Company reserves the right, without incurring liability, to refuse to provide Service, to or from
any location where the necessary facilities, equipment, systems, billing agreements, and/or
switch software are not available.
All Services provided according to this Price List are only available as add-ons to the
companion interstate and international Services.
Without incurring liability, the Company reserves the right to discontinue Service or to limit the
use of Service, when necessitated by conditions beyond the Company s control, or when the
Customer or End User is using Service in violation of the law or in violation of the provisions
of this Price List.
2.4 Pursuant to Rule 303 of the Telephone Customer Relation Rules of the Commission, the
Company may, without notice, terminate Service without liability include, but are not limited to:
(A)Dangerous Conditions - A condition immediately dangerous or hazardous to life
physical safety, or property exists, or it is necessary to prevent a violation of federal
state or local safety or health codes.
(B)Ordered To Terminate Service - The Company is ordered to terminate Service by any
court, the Commission, or any other duly authorized public authority.
(C)Services Obtained Illegally - The Service(s) were obtained , diverted or used without the
authorization or knowledge of the Company.
Customer Unable to be Contacted - The Company has tried diligently to meet the
notice requirement of Rule 304 of the Telephone Customer Relation Rules of the
Commission, but has been unsuccessful in its attempt to contact the Customer
affected.
(D)
(E)Misrepresentation of Identity - The Customer has misrepresented the Customer
identity for purposes of obtaining Service and has no or an inadequate security deposit
on file the Company and has an outstanding bill exceeding one hundred ($100).
Idtho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 17
Issued: August 19 , 2004
Effective: August 30 2004
SECTION 2 - RULES AND REGULATIONS
Limitations On Service (continued)
Conditions under which the Company may, with notice, terminate Service without liability
include , but are not limited to:
(A)
(B)
use of invalid or unauthorized telephone numbers, or Credit Card numbers; or
failure to pay for or provide assurances of, or security for, the payment of the
Company s charges as per Section 2.1 or Section 2.2 of this Price List; or
(C)
(D)
non-payment of any sum owed the Company by the due date printed on the bill; or
if there is a reasonable risk that criminal , civil or administrative proceedings or
investigations based upon the transmission contents shall be instituted against the
Company.
(E)Failure of Customers of Prepaid Services to render payment in accordance with this
Price List in advance of Service prior to activation , reinstatement, or recharge.
fd,aho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 18
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Limitations On Service (continued)
Initial and continuing Service is offered subject to the availability of necessary facilities and/or
equipment, including those to be provided by other companies furnishing a portion of the
Company s Service(s).
Service is furnished subject to the condition that there will be no abuse or fraudulent use of
the Service. Abuse or fraudulent use of Service includes, but is not limited to:
(A)Service that is used by the Customer or End User to frighten , abuse, torment, or
harass another; or
(B)Service that is used by the Customer or End User in a manner which interferes with
the use of Service by one or more other Customers; or
(C)Service that is used by the Customer or End User to place calls by means of illegal
equipment, service, or device; or
(D)Service that is used by the Customer or End User to transmit a message or to locate
a person or otherwise to give or obtain information , without payment of the applicable
charge.
The Company s failure to give notice of default, to enforce or insist upon compliance with any
of the terms or conditions herein, to grant a waiver of any term or conditions herein , or to
grant the Customer an extension of time for performance, will not constitute the permanent
waiver of any such term or condition herein. Each of the provisions of this Price List will
remain, at all times , in full force and in effect until modified in writing, signed by the Company
and Customer.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 19
Issued: August 19, 2004
Effective: August 2004
SECTION 2 - RULES AND REGULATIONS
Limitations On Service (continued)
The Company may rely on third parties to provide a portion of the Company s Service. The
selection of the Third Party Vendors is made by the Company. The Company reserves the
right to change Third Party Vendors at any time.
10 The Company reserves the right, without incurring liability, to refuse to provide Service to or
from any location where the necessary facilities and/or equipment are not available.
11 Recording of telephone conversations provided pursuant to the Company s Service under this
Price List is prohibited except as authorized by applicable federal , state, and local laws.
All outbound Services requiring Switched Access to reach the long distance network are only
available to Customers located in those exchanges which have Equal Access. Unless the
availability of a specific Service, optional pricing plan or add-on pricing plan limits that Service
or plan to a specific state, group of states, area code, LATA, NPA-NXX, or routing
configuration, the availability is all states within the United States where the Company has
obtained the appropriate regulatory approvals to operate.
13 Calls that may not be completed using the Company s Prepaid Services include directory
assistance service, operator services , conference service, busy line verification service
interruption service , calls requiring time and charges, air-to-ground calls, marine/satellite calls
and calls placed via dialing a 700 900 TFAN, or other number as appropriate.
rd,aho P~blic Utilities Commission
OffIce of the SecretaryACCEPTED FOR FILING
AUG 302004
Boise, Idaho
"'-"'...
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue , Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 20
Issued: August 19, 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Limitations On Service (continued)
The Customer obtains no property right or interest in any specific type of facility, service
connection, equipment, number process, credit card, travel card , prepaid or debit card, access
code, or code (except entitlement in certain circumstances to apply prepaid debit cards to
devices provided by the Company). All right, title, and interests to such items remain, at all
times, solely with the Company.
Limitation of Liability
The Company s liability will be limited to that expressly stated in Sections 2.1 through 2.19 of this
Price List in connection with the provision of Service to Customer.
The liability of the Company for damages arising out of mistakes, omissions , interruptions
delays, errors, defects or other comparable actions occurring in the provision of Service(s)
with a usage-sensitive rate structure, will in no event exceed an amount equivalent to the initial
period charge to the Customer for the call during which such mistake, omission, interruption
delay, error or defect occurred. The Company shall not be liable for any damages caused by
the negligence, gross negligence or willful misconduct of the Customer or Customer s agents,
employees, officers , directors, contractors or vendors.
Unless otherwise stated in this Price List, the liability of the Company for negligence arising
out of mistakes , omissions, interruptions, delays, errors, defects or other comparable actions
occurring in the provision of recurring Service(s) shall be limited to a service adjustment based
on the amount of time such Service is out of service times the applicable monthly recurring
charge for the Service.
Idtlho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise,. Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 21
Issued: August 19 , 2004
Effective: AuQust 30, 2004
Limitation of Liability (continued)
SECTION 2 - RULES AND REGULATIONS
The liability of the Company for gross negligence arising out of mistakes , omissions
interruptions, delays , errors or defects occurring in the provision of Service(s) shall not exceed
the higher of the adjustments described in Section 2.1 or 2.2 of this Price List, whichever
is applicable, or the sum of 000.
The liability of the Company for wilful misconduct occurring in the provision of Service(s) shall
not exceed the higher of the adjustments described in Sections 2., 2.2 or 2.
whichever is applicable, or the sum of 000.
The Company will not be liable to the Customer for damages or statutory penalties or be
obligated to make any adjustment, refund or cancellation of charges unless the Customer has
notified the Company in writing of any dispute concerning charges, or the basis of any claim
for damages, within sixty (60) calendar days after an invoice is rendered by the Company for
the call giving rise to such dispute or claim. Any such notice must set forth sufficient facts to
provide the Company with a reasonable basis upon which to evaluate the Customer s claim
or demand.
Interruptions , delays , errors, or defects caused by or contributed to, directly or indirectly, by
act or omission of the Customer or its customers , affiliates, agents, contractors
representatives, invitees, licensees, successors, or assignees or which arise from, or are
caused by, the use of facilities or equipment of the Customer or related parties, will not result
in the imposition of any liability whatsoever upon the Company. The Customer will pay to the
Company any reasonable costs, expenses, damages, fees or penalties incurred by the
Company as a result thereof. In addition , a portion or all of the Service may be provided over
facilities of third parties. The Company will not be liable to the Customer or any other person
firm , or entity in any respect whatsoever arising out of defects caused by such third parties.
The Company liability, if any, with regard to the delayed installation of facilities or
commencement of Service will not exceed 000.
Iduho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue , Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 22
Issued: August 19, 2004
Effective: Auqust 30, 2004
Limitation of Liability (continued)
SECTION 2 - RULES AND REGULATIONS
With respect to Service provided hereunder, the Company hereby expressly disclaims, without
limitation , all warranties not stated in this Price List, whether express, implied or statutory, and
in particular disclaims all implied warranties of merchantability and of fitness for a particular
purpose.
No contractors, agents or employees of connecting, concurring or other participating carriers
or companies will be deemed to be contractors, agents or employees of the Company without
the Company s written authorization.
Under no circumstances whatsoever will the Company s officers, agents, or employees be
liable for any damages, including but not limited to direct, indirect, actual , consequential
special , or punitive damages, or lost profits.
10 The Company will not be liable for any failure of performance hereunder due to causes beyond
its control including, but not limited to:
(A)
(B)
(C)
Unavoidable interruption in the working of transmission facilities; or
Natural disasters such as storms , fire, flood, or other catastrophes; or
(D)
Any law, order, regulation , direction , action or request of the United States
Government, or any other governmental entity having jurisdiction over the Company
or of any department, agency, commission , bureau , corporation or other instrumentality
of anyone or more of such governmental entity, or of any civil or military authority; or
National emergencies, insurrections, riots, rebellions, wars , strikes, lockouts, work
stoppages, supplier failures, shortages, breaches or delays, or other labor difficulties;
(E)The unlawful acts of individuals, including acts of the Company s agents and
employees if committed beyond the scope of their employment; or
(F)Explosions , vandalism , cable cut or other similar occurrences; or
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 23
Issued: August 19, 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Limitation of Liability (continued)
(G)Preemption of existing Services to restore Service(s) in compliance with the F.C.'s
rules and regulations; or
Any failure to provide or maintain Service under this Price List due to circumstances
beyond the Company s control.
(H)
The Company will use its best efforts to provide Services consistent with industry standards.
The Company will have no liability to the Customer for any loss of revenue or any other direct
special , incidental , consequential, or other damages the Customer may sustain resulting from
the failure or inability of the Company to provide Service to its Customers; negligent or
defective Services to Customers; equipment, computer, network, or electrical malfunctions
of any kind, breakdowns, or outages; or any other cause, whether or not within the control of
the Company.
If the Company learns of actual or possible unauthorized , fraudulent, or unlawful use of any
Company Services , the Company will make an effort to contact the Customer, but Service
may be blocked without notice and without liability to the Company. Service may be
suspended by the Company without incurring liability by Blocking all calls or by Blocking calls
to or from certain NPA-NXXs, certain countries, cities, or individual telephone stations for any
Service offered under this Price List. Service will be restored as soon as it can be provided
without undue risk and only after accounts have been brought current.
13 The Company does not undertake to transmit messages but furnishes the use of its Services
to its Customers for telecommunications. The Company is not liable for the content of the
Customer s messages.
The Company may rely on Third Party Vendors for the performance of certain services such
as Dedicated Access. Upon Customer request and execution and delivery of appropriate
authorizing documents, the Company will act as agent for the Customer in obtaining such
other services. Customer s liability for charges hereunder will not be reduced by untimely
installation or non-operation of Customer-provided facilities and equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 24
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Limitation of Liability (continued)
15 The Company will not be liable for:
(A)Any act or omission of any other company or companies furnishing a portion of the
Service or furnishing facilities or equipment associated with such Service.
Damages caused by the fault or negligence or willful misconduct of the Customer or
End User.
(B)
(C)Any failure to provide or maintain Service under this Price List due to circumstances
beyond the Company s reasonable control.
Any direct, indirect, consequential, special , actual, or punitive damages , or for any lost
revenues or profits of any kind or nature whatsoever arising out of any furnishing of
or interruption in, Service provided hereunder. Under no circumstances whatsoever
will the Company s officers, agents , or employees be liable for such damages or lost
revenue or lost profits.
(D)
(E)Any indirect, incidental , special or consequential damages, lost revenue or lost profits
of any kind, even if Company is advised of the possibility of such consequences.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 25
Issued: August 19 , 2004
Effective: AuQust 30 2004
SECTION 2 - RULES AND REGULATIONS
Limitation of Liability (continued)
15 (continued)
(F)
(G)
The use or abuse of any Service described herein by any party including, but not
limited to, the Customer or End User. Use or abuse includes , but is not limited to, any
calls placed by means of PBX-reorigination or any other legal or illegal equipment
service, or device. Compensation for any injury the customer may suffer to the fault
of third parties must be sought from such other parties..
Any action, such as Blocking or refusal to accept certain calls , that Company deems
necessary in order to prevent unauthorized , fraudulent, or unlawful use of its Service.
Compensation for any injury the Customer may suffer due to the fault of parties other
than the Company must be sought from such other parties.
(H)The Company will not be liable for any claim where the Customer indemnifies the
Company pursuant to Section 2.5 of this Price List.
Failure or delay in the delivery of ordered Prepaid Calling Cards.(I)
If someone other than the Customer (e., authorized or unauthorized) has use of the Service
directly or indirectly through the Customer, then Customer agrees to forever indemnify and
hold the Company and any affiliated or unaffiliated Third Party Vendor or operator of facilities
employed in provision of the Service harmless from and against any and all claims, demands
suits, actions , losses, damages, assessments or payments which may be asserted by said
parties.
Id.aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
_..~-...... .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 26
Issued: August 19, 2004
Effective: Au~ust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Limitation of Liability (continued)
The Company will have no liability to the Customer or any third party for any claims that a
Prepaid Calling Card or PIN or Authorization Code associated with any Prepaid Service has
been lost, stolen , or fraudulently used. In no event will the Company be obligated to restore
any Prepaid Service account or otherwise reimburse any Cardholder or Customer for any calls
charged to the Prepaid Service account which such Cardholder or Customer denies having
made.
If the Company issues an Authorization Code, or PIN for Prepaid Long Distance or a Prepaid
Calling Card , and the Authorization Code or PIN will not access the Company s Service, the
Company s sole liability will be the manufacturing and shipping costs associated with replacing
such cards or the issuance of another PIN and/or Authorization Code as appropriate. This
obligation is exclusive and is in lieu of all other warranties, express or implied, including but
not limited to, any warranty of merchantability or fitness for a particular purpose. In no event
will the Company be liable for special or consequential damages arising from the relationship
or the conduct of business contemplated herein.
19 If Company chooses to subcontractthe printing ofthe Prepaid Calling Cards, Company cannot
be held liable for delays of delivery or any other problem(s) that are directly related to the
subcontractor.
The above language does not constitute a determination by the Commission that a limitation
of liability imposed by the Company should be upheld in a court of law. Acceptance for filing
by the Commission recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to determine the validity of
the exculpatory clause.
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 27
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
2.4 Use of Service
2.4.The Company s Services are available for use twenty-four hours per day, seven days per
week. Unless otherwise restricted herein, Customers may use the Company s Service(s) to
place and/or receive intrastate calls.
2.4.The Service offered herein may be used for any lawful purpose, including residential
business, governmental , or other use. The Customer is liable for all obligations under this
Price List not withstanding any sharing or resale of Services and regardless of the Company
knowledge of same. The Company will have no liability to any person or entity other than the
Customer and only as set forth herein. The Customer will not use nor permit others to use the
Service in a manner that could interfere with Service provided to others or that could harm the
facilities of others.
Id~ho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 28
Issued: August 19 2004
Effective: AuQust , 2004
2.4 Use of Service (continued)
SECTION 2 - RULES AND REGULATIONS
2.4.
2.4.4
2.4.
Service furnished by the Company will not be used for any unlawful or fraudulent purposes
including but not limited to use of electronic devices, invalid numbers, and false credit devices
to avoid payment for Service contained in this Price List either in whole or in part. Service
furnished by the Company may not be used to make calls which might reasonably be
expected to frighten, abuse , torment, or harass another. The Service may not be used for any
purpose for which any payment or other compensation is received by the Customer except
when the Customer is an authorized communications common carrier, an authorized resale
common carrier, or an enhanced or electronic service provider who has subscribed to the
Company s Service. However, this provision does not preclude an agreement between the
Customer, Authorized User, or Joint User to share the cost of the Service as long as this
arrangement generates no profit for anyone participating in a joint use or authorized use
arrangement.
Service furnished by the Company may not be arranged for joint use or authorized use.
The Customer is responsible for the payment of all charges for Services provided by the
Company and originating at Customer s number; terminated on the Customer s toll-free
number; accepted at Customer s number; billed to Customer s Prepaid Calling Card or
Authorization Code; or rendered at Customer s specific request, regardless of whether the
Customer s facilities were fraudulently used.
Id~ho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boi~, Idaho
-- ,;.. -,..
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue , Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 29
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer
The Customer will indemnify, defend, and hold the Company harmless from and against:
(A)Any claim asserted against the Company (and all attorney fees and expenses incurred
by the Company with respect thereto) arising out of or relating to the failure of the
Company to provide Service to the Customer.
(B)Any and all liabilities , costs, damages , and expenses (including attorney s fees),
resulting (1) from Customer (or its employees s agent's or independent contractor
actions hereunder, including, but not limited to breach of any provision in this Price List
misrepresentation of Company services or prices, or unauthorized or illegal acts of the
Customer, its employees, agents , or independent contractor or (2) from claims by third
parties that any Prepaid Calling Cards , Authorization Codes, or PINs have been lost
stolen, or fraudulently issued or used; provided, however, that the Company will have
no liability hereunder for special or consequential damages incurred by the Company;
(3) or in the event that the Company chooses to have another company print their
Prepaid Calling Cards, Company cannot be held liable for delays of delivery or any
other problem that are directly to the third party.
(C)Claims for libel, slander, infringement of patent or copyright, or unauthorized use of any
trademark, trade name, or service mark arising out of Customer s or End User
material, data, information , or other content transmitted via Service. With respect to
claims of patent infringement made by third persons, the Customer shall defend
indemnify, protect and save harmless the Company from and against all claims arising
out of the combining with, or use in connection with , the Service(s) provided under this
Price List, any Circuit, apparatus , system or method provided by the Customer.
Idaho P~blic Utilities Commission
OffIce of the Secretary
ACCEPTED FOR FiliNG
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 30
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer (continued)
(continued)
(D)
(E)
(F)
Violation by Customer or End User of any other literary, intellectual, artistic, dramatic
or musical right.
Violations by Customer or End User of the right to privacy.
Any other claims whatsoever relating to, or arising from , message content or the
transmission thereof.
(G)All other claims arising out of any act or omission of the Customer or End User in
connection with Service provided by the Company.
Any loss, claim , demand , suit, or other action, or any liability whatsoever, whether
suffered, made, instituted or asserted by the Customer or by any other party or
persons, for any personal injury to, or death of, any person or persons, and for any
loss, damage or destruction of any property, whether owned by the Customer or others
caused or claimed to have been caused directly or indirectly by the provision of
Service, whatever the cause and whether negligent or otherwise.
(H)
(I)Claims related to lost or stolen calling cards, except as described in Section 2.24 of this
Price List.
(J)Claims of patent infringement arising from combining or connecting Channels with
equipment and systems of the Customer or Authorized Users.
Idaho P~blic Utilities Commission
Of lice of the SecretaryACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
--._...~. . ~ - -
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer (continued)
(continued)
(K)Defacement of, or damage to, the Customer s Premises resulting from the furnishing,
installation, and/or removal of Channel facilities or the attachment of instruments,
equipment and associated wiring on or from the Customer s Premises.
(L)Claims arising out of the use of Services or Company-Provided equipment in an unsafe
manner (such as use in an explosive atmosphere) or the negligent or willful act of any
person other than the Company.
(M)Any suits, claims, losses or damages, including punitive damages, attorney fees and
court costs by third persons arising out of the construction , installation , operation
maintenance, or removal ofthe Customer s Circuits, facilities, or equipment connected
to Services. This includes without limitation , Workmen s Compensation claims, actions
for infringement of copyright and/or unauthorized use of program material, libel and
slander actions based on the content of communications transmitted over the
Customer s Circuits, facilities or equipment, and proceeding to recover taxes , fines , or
penalties for failure of the Customer to obtain or maintain in effect any necessary
certificates, permits, licenses, or other authority to acquire or operate Service(s).
(N)Claims by the Customer or third parties that Prepaid Services have been fraudulently
used.
Id~ho Public Utilities Commission
Office o'f the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
.-... - ,.- -
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 32
Issued: August 19, 2004
Effective: AuQust 30, 2004
Obligations of the Customer (continued)
SECTION 2 - RULES AND REGULATIONS
5.4
If a Customer directly or indirectly authorizes third parties to use the Service, the Customer
will indemnify and hold the Company harmless against any and all claims asserted by said
party, demands , suits , actions , losses, damages , assessments or payments which may be
asserted or demanded by said parties or by others as a result of said parties' actions or
omissions.
The Company s failure to provide or maintain Service under this Price List will be excused by
the Customer for all circumstances beyond the Company s reasonable control.
The Customer will indemnify and save the Company harmless from any and all liability not
expressly assumed by the Company in Section 2.3 of this Price List and arising in connection
with the provision of Service to the Customer, and will protect and defend the Company from
any suits or claims alleging such liability, and will pay all expenses (including attorneys' fees)
and satisfy all judgments which may be incurred by or rendered against the Company in
connection therewith.
The Customer is responsible for payment for all calls originated at the Customer s number( s),
accepted at the Customer s number, billed to a Customer s calling card, or incurred at the
specific request of the Customer. The Customer is responsible for paying for all Services the
Company provides to or from the Customer s number(s), regardless of whether the
Customer s facilities were fraudulently used or used without Customer s knowledge in full or
in part. These responsibilities are not changed due to any use, misuse or abuse of the
Customer s Service or Customer-provided equipment by third parties, the Customer
employees or the public.
Id'aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
"'-~.""" ,
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 33
Issued: August 19, 2004
Effective: AuQust 30, 2004
Obligations of the Customer (continued)
SECTION 2 - RULES AND REGULATIONS
The termination or disconnection of Service(s) by the Company pursuant to Sections 2.
, and 2.20 of this Price List or if the Customer cancels Service pursuant to Section 2.
of this Price List, does not relieve the Customer of any obligations to pay the Company for
charges due and owing for Service(s) furnished up to the time of termination or disconnection.
The remedies set forth herein will not be exclusive, and the Company will at all times be
entitled to all rights available to it under either law or equity.
The Customer is responsible for taking all necessary legal steps for interconnecting
Customer-provided terminal equipment with the long distance network. The Customer will
ensure that the signals emitted into the long distance network do not damage Company-
Provided equipment, injure personnel , or degrade Service to other Customers or other users
of the long distance network. The Customer is responsible for securing all licenses , permits
rights-of-way, and other arrangements necessary for such interconnection. In addition, the
Customer will comply with applicable LEC signal power limitations.
The Customer will be responsible for the payment of all charges for Services provided under
this Price List and for the payment of all excise, sales, use, gross receipts or other taxes that
may be levied by a federal , state , or local governing body or bodies applicable to the
Service(s) furnished under this Price List unless specified otherwise herein. Also see Section
17 of this Price List for additional information regarding the Customer obligations
concerning taxes.
The Customer will be liable for reimbursing the Company for damages to facilities or
Company-Provided equipment caused by the negligence or willful acts of the Customer
officers, employees, agents, contractors, or authorized or unauthorized End User(s).
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise. Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 34
Issued: August 19 , 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer (continued)
10 If Service is terminated pursuant to Section 2.5, Section 2.6 or Section 2.20 of this Price
List or if the Customer cancels Service pursuant to Section 2.19 of this Price List, the
Customer will be deemed to have canceled Service as of the date of such termination or
cancellation and will be liable for any cancellation charges set forth in this Price List.
The Customer will indemnify and hold the Company harmless against any and all liabilities
costs, damages, and expenses resulting from claims by third parties that any calling card or
PIN, Authorization Code, has been lost, stolen , or fraudulently issued or used; provided
however, that the Company will have no liability hereunder for special or consequential
damages incurred by the Company.
12 If the Company is acting as an agent of the Customer for ordering Dedicated Access for the
provision of Switched Service(s) and if the Customer is to be exempted from the monthly
Special Access Surcharge charged by the Local Access Provider, it is the Customer
responsibility to provide the Company with an Exemption Certificate.
If as a result of inaccurate information provided by the Customer, Circuits need to be moved
replaced, or redesigned , the Customer is responsible for the payment of all such charges. In
the event the Company incurs costs and expenses caused by the Customer or reasonably
incurred by the Company for the benefit of the Customer, the Customer is responsible for the
payment of all such charges.
15.4 Payment of all charges for Services provided by the Company and originating at Customer
number; terminated on the Customer s toll-free number; accepted at Customer s number;
billed to Customer s Prepaid Calling Card or Authorization Code; or rendered at Customer
specific request, regardless of whether the Customer s facilities were fraudulently used.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
.. . .
AUG 3 0 2004
. '
Boise, Idaho
-.--- '-. .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 35
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer (continued)
14 If an entity other than the Company (e.g. another carrier or supplier) imposes charges on the
Company in connection with service provided to a specific Customer and those charges are
not specifically listed in this Price List, those charges will be billed to the Customer on a pass-
through basis. The Customer is responsible for payment of such charges.
The Customer is responsible for the payment of all charges for Service(s) provided under this
Price list and for the payment of all assessments , duties, fees, surcharges , taxes , or similar
liabilities whether charged to or against the Company or the Customer. This includes but is
not limited to amounts the Company is required by governmental, quasi-governmental, or
other entities to collect and/or to pay to designated entities. The Company may adjust its rates
and charges or impose additional rates and charges on its Customer in order to recover these
amounts. Unless specified otherwise herein, if an entity other than the Company (e.
another carrier or supplier) imposes charges on the Company in connection with a Customer
Service, that entity s charges may be passed through to the Customer. The Customer
responsible for the payment of all such charges.
16 A Customer shall not use any service mark or trademark of the Company or refer to the
Company in connection with any product, equipment, promotion , or publication of the
Customer without prior written approval of the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise. \daho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P .C. No.
Original Page 36
Issued: August 19 , 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Obligations of the Customer (continued)
17 In the event suit is brought or an attorney is retained by the Company to enforce the terms of
this Price List, the Customer shall reimburse the Company, in addition to any other remedy,
for attorneys' fees , court costs, costs of investigation, and other related expenses incurred in
connection therewith.
If a Prepaid Calling Card has a customized design , the design will be subject to the
Company s review and approval, in the Company s sole discretion. The Company will deliver
to the Customer a prototype of a customized Prepaid Calling Card. The Customer will advise
the Company, in writing, of its approval of, or request for revisions of, such prototype prior to
the Company s fulfillment of the Customer s order. Any such requested revisions to the
customized design will be subject to the Company s approval.
19 Upon the Customer s receipt of Company Prepaid Calling Cards, the Customer will assume
all risk of loss or misuse of such Prepaid Calling Cards.
20 Upon the Customer s receipt of Company issued Authorization Codes or PINS for Prepaid
Services, the Customer will assume all risk of loss or misuse of such Authorization Codes and
PINs.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
335-0 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 37
Issued: August 19, 2004
Effective: AuQust 30, 2004
Obligations of a Reseller
SECTION 2 - RULES AND REGULATIONS
6.4
The terms and conditions of this Price List, including but not limited to the obligations
contained in Section 2.5 and in Sections 2.2 through 2.7 hereof, apply to Customers that
are Resellers. Failure to comply with any term, rule, or regulation of this Price List may result
in the Company immediately and irrevocably terminating Service(s) without incurring any
liability. Notification of termination of Service(s) may be in writing or in another expeditious
manner selected by the Company.
In the event of non-payment by a Reseller s subscriber, the Company may be requested by
the Reseller to block such subscribers s service because of non-payment of charges. Before
the Company blocks Service to a Reseller s subscriber, the Reseller must certify that proper
notice has been given to the subscriber. Proper notice must meet state and federal rules for
Blocking Service due to non-payment. The Reseller is responsible for all costs incurred to
disconnect or block the location from Service(s).
Resellers will be responsible for paying all taxes, surcharges, and fees based upon the taxing
jurisdiction s rules and regulations.
In addition to the other provisions in this Price List, Resellers will be responsible for all
interaction and interface with their own subscribers or customers. The provision of Service
will not create a partnership or joint venture between the Company and the Reseller nor result
in a joint offering to third parties.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 38
Issued: August 19 , 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Obligations of a Reseller (continued)
If the Customer resells Services , the Reseller is responsible for providing all billing, collection
and customer service functions for all of its locations , including resolving any unauthorized
presubscription disputes.
In addition to the other provisions in this Price List, Resellers must have the appropriate
authority in all areas where the Reseller provides service and provide such documentation to
the Company when requested.
If a Reseller switches a subscriber s long distance provider without obtaining permission from
the subscriber, the Company may charge the Reseller for the unauthorized presubscription
change charges plus all additional charges imposed and costs incurred. The Reseller is
financially liable for all lines at all locations until such time as the lines and/or locations are
presubscribed to a different long distance service provider. In instances where the Reseller
has presubscribed lines and/or location to its Service without proper authorization, the Reseller
must:
(A)Inform the subscriber of the unauthorized change in long distance service providers;
and
(B)Insure that the subscriber s service is returned to the long distance service provider of
choice; and
(C)Pay all applicable charges.
Id~ho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Bois~, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 39
Issued: August 19, 2004
Effective: AuQust 30 2004
SECTION 2 - RULES AND REGULATIONS
Obtaining Services
General
To obtain Service, the Company requires the Customer to provide the Company with whatever
authorization the Company deems appropriate. Upon the Company s acceptance of this
authorization, all applicable provisions in the Company s Price List, as amended from time-to-
time become the agreement for Service between the Company and the Customer.
Acceptance or use of Service offered by the Company shall be deemed an application for
such Service and an agreement by the Customer to subscribe to, use, and pay for such
Service in accordance with this Price List. The Applicant must also establish credit
satisfactory to the Company as provided in Section 2.2 of this Price List.
Establishment of Credit
(A)Applicant
For all Services except the Company s Prepaid Services, the Company reserves the
right to require all Applicants to establish credit worthiness to the reasonable
satisfaction of the Company. Upon receipt of the signed letter of agency or other
authorization the Company deems appropriate, the Applicant will be deemed to have
authorized the Company to obtain such routine credit information and verification as
the Company requires.
(B)Customer
If the conditions of Service or the basis on which credit was originally established have
materially changed, an existing Customer may be required to establish additional
credit. The Company reserves the right to examine the credit record and check the
references of any Customer at any time.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 40
Issued: August 19 , 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Customer Deposits / Advance Payments
Customer Deposits
The Company does not collect deposits on services provided pursuant to this Price List.
Advance Payments
Customers and Applicants who, in the Company s judgment, present an undue risk of non-
payment may be required at any time to provide the Company such other assurances of, or
security for, the payment of the Company s charges for its Services as the Company may
deem necessary, including, without limitation , advance payments for Service, third party
guarantees of payment, pledges or other grants of security interests in the Customers' assets,
and similar arrangements. The required advance payments or other security may be
increased or decreased by the Company as it deems appropriate in the light of changing
conditions. In determining whether a Customer presents an undue risk of nonpayment, the
Company shall consider the following factors:
(A)the Customer s or Applicant's payment history (if any) with the Company and its
affiliates;
(B)
(C)
Customer s ability to demonstrate adequate ability to pay for the Service;
credit and related information provided by Customer, lawfully obtained from third
parties or publicly available;
(0)
(E)
information relating to Customer s management, owners , and affiliates (if any); and
the Applicant's or Customer s actual long distance usage. The Company does not pay
interest on advance payments.
Prepaid Services
Prepaid Services require payment in advance payment in advance of Service must be
received either by the renewal date shown on the application , the Customer s bill, contained
in the automatic switch notification, or Service will be suspended.
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Rendering Bill
Idaho P.C. No.Original Page 41
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
General
(A)The Company uses cycle billing. The billing period is one (1) month. Except for fraud
charges may be assessed for unbilled traffic up to two (2) years in arrears.
(B)The Company may also utilize direct billing by the Company or an authorized billing
agent. The availability of the billing option is controlled by the Company not the
Customer.
(C)If a Customer presents an undue risk of nonpayment at any time, the Company may
require the Customer to pay its bills in cash or the equivalent of cash. In the event the
Company incurs fees or expenses , including attorney s fees, in collecting, or attempting
to collect, any charges owed the Company, the Customer will be liable to the Company
for the payment of all such fees and expenses reasonably incurred.
(E)Where billing systems allow, Credit Card billing and automatic withdrawal from the
Customer s checking or savings account are available. However, if a Customer
presents an undue risk of nonpayment at any time, the Company may require the
Customer to pay its bill in cash or the equivalent of cash.
Irf.~hl) Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
. ... -- .~... .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 42
Issued: August 19 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Rendering Bill (continued)
General (continued)
(F)For the purpose of computing partial-month charges, a month is considered to consist
of thirty days. If the Company has ordered Dedicated Access as an agent of the
Customer, the Company will not cease billing the Special Access Surcharge until the
Company receives the Exemption Certificate (as defined herein) from the Customer
and the Local Access Provider acknowledges receipt of the Customer s Exemption
Certificate.
(G)Any Applicant for Service that was furnished Service under a former contract with the
Company shall payor make satisfactory arrangements for paying any bill outstanding
and unpaid for such Service, before any additional Service will be furnished.
(H)In the event that the Company s ability to commence or to continue to provide Service
in a timely manner is delayed or interrupted because of the non-performance by the
Customer of any obligation set forth in this Price List, the Customer shall pay to the
Company amounts equal to the monthly recurring charges which would have been paid
had the Company been able to commence or to continue to provide Service.
Idaho Public Utilitie5 Commission
Office of the Secretary
ACCEPTED FOR FiliNG
AUG 3 0 2004
Boise, Idaho
,. -'. ...
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 43
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Rendering Bill (continued)
General (continued)
(I)If billing systems or other support is not available for a Service, feature, surcharge, or
other charge element at the time Service is provisioned , the Company will bill for that
Service, feature , surcharge, or other charge element as soon as it is capable of doing
so.
Direct Billing By Company And/Or Authorized Billing Agent
(A)Other Billing Arrangements
Bills are sent to the Customer s current billing address no later than thirty (30) days
following the close of billing. Call detail is available with the bill. Payment in full is due
by the due date disclosed on the bill. Charges are payable only in United States
currency. Payment may be made by check, money order, or cashier s check made
payable as named on the bill and sent to the address as listed on the bill. If the bill is
not paid within thirty (30) days from the invoice date, the Company may impose a late
charge on the delinquent amount. A late charge applies to any past due balance. The
Company may charge a late charge of 1.5% per month. The one-time penalty shall
apply on the undisputed amount or on the disputed amount if a dispute is resolved in
favor of the Company. When another telecommunications carrier provides the billing
function on behalf of the Company, the other carrier s late payment charge applies.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 44
Issued: August 19 , 2004
Effective: August 30 , 2004
SECTION 2 - RULES AND REGULATIONS
Rendering Bill (continued)
Direct Billing By Company Or Authorized Billing Agent (continued)
(B)Credit Card Billing
With Credit Card billing, the charges for Services provided by the Company are billed
on the Customer s designated and approved Credit Card. Charges are billed monthly
in accordance with the terms and conditions between the Customer and the
Customer s designated Credit Card company. Call detail will not be included in the
Credit Card bill. Call detail will be provided by the Company in a separate mailing.
(C)Automatic Withdrawal From Checking or Savings Account
If the Customer utilizes automatic withdrawal, the charges for Services provided by the
Company are automatically debited to the Customer s designated checking account
or savings account. Call detail will be provided by the Company in a separate mailing.
(D)Prepaid Services
All charges for Prepaid Services must be paid in advance. No Prepaid Authorization
Codes or PINs will be activated until payment, in U. S. Dollars and in full , has been
received by the Company. Payment shall be made in cash (U.S. funds), check or
money order payable in U.S. funds, or Company approved Credit Card. If the
Customer pays via check, the Authorization Code or PIN is activated after the check
clears the bank. The Company does not render a bill for Prepaid Services. A copy of
the call detail will be provided pursuant to a Customer s request within thirty (30) days
of the call date.
Ideho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boi~e, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 45
Issued: August 19 , 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Disputed Charges
10.The Company will not be required to consider any Customer claim for damages or statutory
penalties, or adjustments, refunds , credits or cancellation of charges , unless the Customer
has notified the Company, in writing, of any dispute concerning charges, or the basis of any
claim for damages, within sixty (60) calendar days after an invoice is rendered or a debit is
effected by the Company for the call giving rise to such dispute or claim.
10.Any such notice must set forth sufficient facts to provide the Company with a reasonable basis
upon which to evaluate the Customer s claim or demand. Such notice must be sent to the
Company s Customer Service Department as per Section 2.11 of this Price List. If the
Customer is not satisfied with the Company s resolution of a billing inquiry, the Customer may
make application to the Commission for review and disposition of the matter.
10.Failure of the Customer to participate in the Company s effort to resolve a dispute or claim will
constitute a waiver of the Customer s rights to a continuance of Service.
10.4 If the Customer is not satisfied with the Company s resolution of a billing inquiry, the Customer
may make application to the Commission for review and disposition of the matter. The
Commission may be contacted at 472 W. Washington, Boise, 10 83720-0074, 1-800-432-
0369. The Company will not terminate Service or collect interest on an amount that is in
dispute.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 46
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Customer Service Department
Customer correspondence must be addressed to the attention of the Customer Service Department
and sent to the appropriate office. The Customer may also contact the Company s Customer Service
Department by calling a toll free number. The Company s Customer Service address and toll free
number are printed on the Customer s bill. For Customers subscribing to calling card Service, the
Customer Service number is displayed on the card and provided in the information sent to the
Customer with the calling card. For Customers using Credit Card billing or automatic withdrawal from
the checking or savings account, the Company s Customer Service address and toll free number are
provided with the Customer s call detail. Customer Service Representatives are available from 6:00AM
until 9:00PM Monday through Saturday Pacific Time.
Id~ho Pu,blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise; Idaho
. .
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.Original Page 47
Issued: August 19, 2004Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Mileage Measurements
12.The mileage between rate centers is calculated based on V and H coordinates as obtained
by reference to AT&T Tariff FCC No.1 O. Calculation between Serving Wire Centers is based
on V and H coordinates as obtained by reference to NECA FCC Tariff No.4. The mileage for
a call between Access Lines associated with stations that use the same rate center is one
mile. If Feature Group B is used, the distance will be measured from the rate center of the
tandem location or network site to which the Feature Group B line is connected. If Feature
Group 0 access is used, the distance will be measured from the rate center of the calling
number.
12.Airline mileage between service locations is calculated as follows:
Airline mileage is calculated as follows:
The square root of:jV1-V2)2 + (H1-H2)2
Where V1 and H1 are the V and H coordinates of point 1 and V2 and H2 are the coordinatesof point 2.
Mileage is rounded up to an integer value to determine the airline mileage.
Tim ing of Calls
The Customer s long distance usage charge is based on the actual usage of the long distance
network. Usage begins when the called party picks up the receiver and the local telephone company
sends a signal to the switch which utilizes hardware answer supervision or software tone detection.
A call is terminated when the calling party hangs up.
I~aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AU G 3 0 2004
Boise. Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P .C. No.
Original Page 48
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Timing of Calls (continued)
13.Chargeable time ends when the calling station hangs up thereby releasing the network
connection. If the called station hangs up but the calling station does not, chargeable time
ends when the network connection is released either by the automatic timing equipment in the
telecommunications network or by the operator.
Rate Periods
Different rates may be applicable to a call at different times of the day and on certain days of the week
as specified in the appropriate rate schedule for that call. All times shown are local time at the calling
station in the case of an outbound call and at the called station in case of an inbound toll free call.
Determining Rate In Effect
For outbound Services that are time-of-day sensitive, the time-of-day at the central office or POP
associated with the calling station determines the rate in effect. For Toll Free Services that are time-of-
day sensitive, the time-of-day at the central office or POP associated with the called station determines
the rate in effect. If a unit of time is split between two (2) or more rate periods, each rate period applies
to the portion of the call that occurred during that rate period rounded to the nearest billing increment.
If a call is completed by an operator, the time at the beginning of each initial or additional rate period
determines the applicable rate period. When a message spans more than one rate period, total
charges for each rate period are calculated and the results for each rate period are totaled to obtain
the total message charge.
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
33S0 SW 148 Avenue , Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 49
Issued: August 19 , 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Application of Charges
16.Rounding
Each usage sensitive Switched Service has its own specific initial period and additional period
(collectively referred to as billing increments) as specified in Section 3 of this Price List. For
all Services, fractions of a billing increment are rounded up to the next higher increment for
billing purposes. The usage charges for each completed call during a billing month will be
computed. If the charge for the call includes a fraction of a cent of $.OOS or more , the fraction
of such charge is rounded up to the next higher whole cent. Otherwise, the charge is rounded
down to the next lower whole cent. Rounding for charges for Service(s) is on a call-by-call
basis.
Taxes, Surcharges , and Fees
17.General
(A)In addition to the charges specifically pertaining to Services, certain federal, state, and
local surcharges , taxes, and fees apply to Services. The Company may impose a
surcharge on its Customers to recover amounts it is required by governmental or
quasi-governmental authorities to collect from or pay to others in support of statutory
or regulatory programs. All federal, state, and local taxes , surcharges, and fees (i.e.
sales tax, gross receipts tax, municipal utilities tax, etc.) are listed on the Customer
invoices, and unless otherwise specified herein, are not included in the rates listed in
this Price List.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 50
Issued: August 19, 2004
Effective: August 2004
SECTION 2 - RULES AND REGULATIONS
Taxes, Surcharges, and Fees (continued)
17.General (continued)
(B)Pending the conclusion of any litigation challenging a jurisdiction s or body s right to
impose any assessments, duties, fees, surcharges , taxes, or similar liabilities , the
Company may elect to waive or impose and collect a charge covering such
assessments , duties, fees , surcharges , taxes, or similar liabilities, unless otherwise
constrained by court order or direction. All such charges will be shown as a separate
line item on the Customer s bill. If the Company has collected any assessments
duties , fees, surcharges , taxes , or similar liabilities and any of the challenged
assessments, duties, fees , surcharges, taxes , or similar liabilities are found to have
been invalid and not enforceable, the Company will credit or refund such sums to each
affected Customer if (1) the Company has retained such funds or (2) the Company has
remitted such funds to the collecting jurisdiction or body and the funds have been
returned to the Company.
17.Prepaid Services
The rates indicated in Section 4 of this Price List are inclusive of all federal, state, and local
surcharges , taxes, and fees except point-of-sale taxes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue , Suite 132Miramar, FI 33027
Idaho P.C. No.Original Page 51
Issued: August 19 , 2004
Effective: August 2004
SECTION 2 - RULES AND REGULATIONS
Taxes , Surcharges, and Fees (continued)
17.3 Tax Exemption Certificate
(A)In order to be granted tax exempt status , a Customer claiming tax exempt status must
provide the Company with copies of all tax exemption certificates and documents
required by the Company at the time Service is ordered. New Customers are required
to provide the requested documentation at the time Service is ordered.
(B)Failure to provide the required documentation at the time Service is ordered will result
in all taxes as noted herein being levied by the Company on the Customer s Service
and the Customer will be responsible for the payment of all such charges.
At the Company s option , the Company may accord the Customer tax exempt
status upon receipt of the required documentation after Service is ordered.
However, the Customer will be billed for all applicable taxes and will be
responsible for the payment of same until such time as the Company has
ceased billing the applicable taxes.
The Company is not liable for refunding the amount of the taxes paid by the
Customer. The Customer is responsible for seeking refunds for such taxes
from the appropriate taxing authority.
(C)Failure to pay the appropriate taxes prior to tax exempt status being accorded by the
Company will result in termination of Service.
Id~ho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, l.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 52
Issued: August 19, 2004
Effective: August 30,2004
SECTION 2 - RULES AND REGULATIONS
Interruption of Service
18.Without incurring liability, the Company may interrupt the provision of Services at any time in
order for tests and inspections to be performed to assure compliance with Price List
regulations and the proper installation and operation of Customer s equipment and facilities
and may continue such interruption until any items of non-compliance or improper equipment
operation so identified are rectified.
18.To prevent possible unauthorized , fraudulent, or unlawful use of Service, the Company may
initiate Blocking of all calls or Blocking calls to or from certain NPA-NXXs, cities, or individual
telephone stations for any Service offered under this Price List. Service will be restored as
soon as it can be provided without undue risk and only after accounts have been brought
current.
18.For Prepaid Services, the Company will not issue a credit for a call in which a wrong number
cutoff, or poor transmission condition occurred. Prepaid Services are not subject to the credit
allowance set forth in Section 2.18.4 or 2.18.
18.4 No credit for recurring monthly charges will be issued for outages less than twenty-four
consecutive hours in duration. For Customers with Service subject to a monthly recurring
charge, Service interruptions of greater than twenty-four (24) consecutive hours duration will
receive a credit equal to the number of hours of Service interruption divided by 720 hours
times the monthly recurring charge for the Service.
18.For Services, other than Prepaid Services , with usage-sensitive rates, credit allowances for
cutoff, wrong number, or poor transmission are subject to the general liability provisions set
forth in Section 2.1 of this Price List. If the Customer desires a credit for any Service
interruption, the Customer must contact the Company via telephone or in writing. Before
giving such notice, the Customer shall ascertain that the trouble is not being caused by any
action or omission by the Customer within the Customer s control , or is not in wiring
equipment, if any, furnished by the Customer.
IcI'aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 53
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 2 - RULES AND REGULATIONS
Cancellation of Service By Customer
19.Prepaid Services may be canceled upon expiration of the account balance.
19.For all other Services, a Customer may cancel Service by giving five (5) days' written or oral
notice to the Company. Such notice should be addressed to the Company s Customer
Service organization at the telephone number or the address specified in Section 2.11.1 of this
Price List.
Termination of Service By Company
20.The Company may terminate Service to the Customer upon ten (10) days' verbal or written
notice to the Customer for any condition listed in Section 2.5 of this Price List. If the
Company delivers the notice to the Customer s Premises , it will be left in a conspicuous place.
When notice is mailed, the notice will be addressed to the Customer s last known billing
address and mailed first class or express overnight delivery. The selection of the method of
delivery of the notice is made by the Company. Service will not be terminated by the
Company when a complaint is pending with the Commission or if the Customer and the
Company have entered into a payment plan agreement.
20.2 The termination of Service(s) by the Company pursuant to this section does not relieve the
Customer of any obligations to pay the Company for charges due and owing for Service(s)
furnished up to the time of termination. The remedies set forth herein will not be exclusive and
the Company will at all times be entitled to all rights available to it under either law or equity.
Restoration of Services
The use and restoration of Services in emergencies will be in accordance with the priority system
specified in Part 64 , Subpart D of the rules and regulations of the Federal Communications
Commission.
Idaho P~.blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 54
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 2 - RULES AND REGULATIONS
Terminal Equipment
Services may be used with or terminated in Customer-provided terminal equipment or Customer-
provided communications systems such as a telephone set, PBX or key system. Such terminal
equipment shall be furnished and maintained at the expense of the Customer. The Customer
responsible for all costs at the Customer s Premises , including personnel , wiring, electrical power, and
the like, incurred in the use of the Service. When such terminal equipment is used, the equipment
shall comply with applicable rules and regulations of the Federal Communications Commission
including but not limited to, Part 68. In addition, equipment must comply with generally accepted
minimum protective criteria standards and engineering requirements of the telecommunications
industry which are not barred by the Federal Communications Commission.
Notices
Any notices provided by Company pursuant to this Price List are deemed given and effective upon the
earlier of (a) actual receipt by Customer or (b) three days after mailing if sent by mail, the day after
express overnight delivery, or the day the notice is left at the Customer s Premises.
Lost Or Stolen Calling Card , Authorization Code, or PIN
Upon knowledge of facts which would alert a reasonable person to the possibility of unauthorized use
of the Customer s calling card , Authorization Code , or PIN , the Customer will alert and give notice to
the Company of such facts. Upon receipt of notice , the Company will deactivate the Authorization
Code or PIN associated with the Service. If requested by the Customer, Authorization Code or a new
calling card and PIN will be issued to the Customer. The Customer will be excused from liability only
with respect to unauthorized calls placed after receipt of such notice by the Company.
Idaho Public Utilities CommOff ISSlonIce of the Secretary
EPTED FOR FILING
. ...::~
AUG 3 2004
Boise, Idahp
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI33027
Idaho P.C. No.
Original Page 55
Issued: August 19, 2004
Effective: AuQust 30,2004
SECTION 2 - RULES AND REGULATIONS
Fraud Control
If the Customer notifies the Company that a particular Prepaid Calling Card has been lost or stolen
prior to the activation of its PIN , the Company will use its best efforts to ensure that such PIN is not
activated.
Changes To Rates and Charges
In accordance with Commission rules , the Company may adjust its current rates and charges for
Services by filing revised Price List pages with the Commission.
Persons Designated As A Contact For The Commission Staff
28.Ongoing Operations of the Company
Orlando Kleen, Controller
3350 SW 148 Avenue, Suite 132 , Miramar, FI 33027
Tel No.: 954-517-7300 Fax No: 954-517-7305
28.Commission Contact for Regulatory Matters/Reports
Bobbi Ferguson
Telmex USA, LLC c/o Visiology, Inc.
16061 Carmel Bay Drive, Northport, AI 35475
Tel. No. 205-330-1703 Fax No. 205-330-1705
Email: bobbitWvisioloqy.com
28.Price List
Bobbi Ferguson
Telmex USA, LLC c/o Visiology, Inc.
16061 Carmel Bay Drive, Northport, AI 35475
Tel. No. 205-330-1703 Fax No. 205-330-1705
Email: bobbitWvisioloqy.com
28.4 Complaints/Inquiries From Customer
Orlando Kleen, Controller
3350 SW 148 Avenue, Suite 132 , Miramar, FI 33027
Tel No.: 954-517-7300 Fax No: 954-517-7305
28.Registered Agent
C T Corporation Systems
300 North 6th Street, Boise, Idaho 83701
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FiliNG
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 56
Issued: August 19, 2004
Effective: AuQust 30 , 2004
SECTION 2 - RULES AND REGULATIONS
Promotional Offerings
The Company may, from time-to-time, engage in special promotional service offerings designed to
attract new Customers or to increase existing Customer s awareness of a particular service offering.
These promotional offerings may apply only to certain service arrangements, and may be limited to
certain dates, times , and/or locations. The Company will provide the Commission a ten (10) day
notice prior to offering a promotion.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 57
Issued: August 19 , 2004Effective: August 30,2004
SECTION 3 - DESCRIPTION OF SERVICES
Prepaid Long Distance Service
Description of Service
Prepaid Long Distance Service is a prepaid telephone Service that allows Customers to obtain
a predetermined amount of access to the Company s long distance Services. The Company
does not serve as the Customer s Primary Interexchange Carrier. Prepaid Long Distance
Service is available via a domestic TFAN and an Authorization Code. This Service is a dollar
based Service, meaning that there is a fixed amount of dollars (i.e., $5, $10, $20 , $50 , or
some other denomination) available to the Customer who purchases the Service.
The Customer dials a domestic TFAN and hears recorded messages that guide the Customer
through the Platform. The Platform validates the Customer s Authorization Code , determines
whether sufficient time or value remains on the account and , if so, completes the call to the
called telephone number dialed by the Customer. The Customer is verbally informed of the
available balance of the account. The Customer may place calls from any location where
such access is made available at the sole discretion of the Carrier. All Calls are billed in one
minute increments subject to a minimum connect time of one minute. All calls are rounded
to the next highest minute.
Calls are real-time rated during call progression. The total price of each call, including
applicable taxes, is calculated on the basis of usage and any applicable recurring and non-
recurring charges. The total price is deducted from the available account balance associated
with each account. The Platform decrements the Customer s account balance as the
Customer conducts a call. The Customer receives a warning tone one minute before the
balance reaches zero. Calls in progress will be terminated when there is an insufficient
balance to continue the call.
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 58
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 3 - DESCRIPTION OF SERVICES
Prepaid Long Distance (continued)
Description of Service (continued)
Customer account balances may be increased at any time during business hours or via an
alternate automated system if and when such a system becomes available. Once an account
is exhausted , however, the Customer cannot complete long distance calls using the
Company s Prepaid Long Distance Service until additional Service is purchased. When the
additional Service is purchased , the Customer may be issued a new PIN. The Company
offers various payment plans.
Availability
Prepaid Long Distance Service is available to Residential Customers and Business
Customers.
Prepaid Calling Card Services
Description of Service
The Company s Prepaid Calling Card service is a prepaid long distance service that allows
Customer s to obtain a predetermined amount of access to the Company s long distance
services. The card is a dollar based service, meaning there is a fixed amount of dollars (i.e.
$5, $10, $20, $50 , or some other denomination) available to the Customer who purchases a
card.
Idaho P~blic Utilities Commission
OffIce of the SecretaryCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 59
Issued: August 19, 2004
Effective: AuQust 30, 2004
SECTION 3 - DESCRIPTION OF SERVICES
Prepaid Calling Card Services (continued)
Description of Service (continued)
Prepaid Calling Card service is offered via TFANs and is available to a Cardholder
from a touchtone phone. The Cardholder dials a TFAN and hears recorded messages that
guide the Cardholder through the Platform. The Platform validates the Cardholder s PIN
determines whether time remains on the card and, if so, completes the call to the called
telephone number dialed by the Cardholder. The Cardholder is verbally informed of the
available balance of the Prepaid Calling Card account. All Calls are billed in one minute
increments subject to a minimum connect time of one minute. All calls are rounded to the
next highest minute.
Calls are real-time rated during call progression. The total price of each call, including
applicable taxes , is calculated on the basis of usage and is deducted from the available
account balance associated with each Prepaid Calling Card. The Platform debits the
Cardholder s account balance as the Cardholders places a call. The Cardholder receives a
warning tone one minute before the balance reaches zero. Calls in progress will be
terminated when the balance reaches zero.
The Cardholder may access the network from anywhere in the State by dialing a universal
TFAN, a PIN, and the called telephone number. A Prepaid Calling Card is not reusable once
the usage has been exhausted.
Multifon Prepaid Card
Multifon Prepaid Card Service allows customers to originate outbound dial 1 calls via
Company-provided toll free numbers. Intrastate service is only available as an adjunct to
interstate/international service. The face value of the Card is $5.00 inclusive of all taxes
except point-or-sale taxes. All calls are rounded up to the next highest minute. Calls may
only be charged against the Multifon Prepaid Card if there is a sufficient balance available
to cover the cost of the call. When the balance of available time is depleted, the call will be
terminated. Cards are non-refundable, non-rechargeable, and will expire either upon
depletion of the Card or 90 days from first use, whichever comes first. The Company
liability is limited to the value of the Prepaid Card. The Prepaid Card has no cash redemption
value and the Company is not responsible for lost or stolen cards or personal identification
numbers or codes. This Service is subject to the terms and conditions for Prepaid Card
Service set forth in the this Price List.
Availability
Prepaid Calling Cards are available to Residential Customers and Business Customers.
'd~ho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
BiJiS2. Id~hD
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 60
Issued: August 19, 2004
Effective: August 30 , 2004
SECTION 3 - DESCRIPTION OF SERVICES
Prepaid Calling Card Services (continued)
2.4 Features
(A) Instructions Available In Multiple Languages
The Company may make available to the Cardholder different TFAN access numbers
for instructions in English or Spanish, or other languages as appropriate.
(B) Sequential Calling
Sequential calling allows the Cardholder to make several calls without disconnecting
from the Platform after the completion of each call.
Promotional Services
Prepaid Long Distance Service and Prepaid Calling Card Service are available on a promotional
basis. Promotional Services are available to Customers who intend to give the Service away to the
End-Users as either a premium or promotional item.
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 61
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 4 - RATES AND CHARGES
Prepaid Long Distance Service
Rate Plans
Rate per Minute or Fraction Thereof
1 st Minute Addt'l Minute
Option 1
Option 2
Option 3
Option 4
Prepaid Calling Card Service
Usage Charges
Rate per Minute or Fraction Thereof
1 st Minute Addt'l Minute
Option 1
Option 2
Option 3
Option 4
Multifon Prepaid Card
Rate per minute or fraction thereof:$0.
$0.49Payphone Surcharge per Call:
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 62
Issued: August 19, 2004
Effective: August 30 , 2004
SECTION 4 - RATES AND CHARGES
Promotional Services
Promotional Prepaid Long Distance
The rate per minute for all promotional prepaid long distance calls is $1.00 per minute or
fraction thereof.
Promotional Prepaid Card
The rate per minute for all promotional prepaid calling cards is $1.00 per minute or fraction
thereof.
Id,aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 302004
Boise, Idaho
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132
Miramar, FI 33027
Idaho P.C. No.
Original Page 63
Issued: August 19, 2004
Effective: August 30, 2004
SECTION 4 - RATES AND CHARGES
Miscellaneous Charges
Return Check Charge
If a Customer s check is returned by the bank , the Company may charge the Customer a
return check charge. The amount of the return check charge is $25.00.
Payphone Surcharge
Pursuant to the FCC's Order in CC Docket 96-128 , this surcharge applies only to dial-around
calls, i.e., calls originating using a carrier s access code, a Customer s 800 and other toll-free
numbers, calling cards, and prepaid phone card calls, from payphone instruments. This
surcharge does not apply for 0+ call for wh ich the payphone provider would otherwise receive
compensation.
(A) Prepaid Services
The Customer shall pay the Company a per call surcharge of $0.50 per call for all such
traffic.
Ideho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 3 0 2004
i.
,;.~, ;,
Telmex USA, L.L.C.
Jorge Rodriguez, CEO
3350 SW 148 Avenue, Suite 132Miramar, FI 33027
Idaho P.C. No.
Original Page 64
Issued: August 19 , 2004
Effective: August 30, 2004
SECTION 4 - PROMOTIONS
Promotions
The Company will, from time to time, offer one or more of the following promotional offerings or trial
Service offerings designed to attract new Customers, retain existing Customers, win back former
Customers, stimulate Customer usage, test potential new Services and/or increase existing Customer
awareness of Services by waiving or reducing certain rates, charges, fees, or penalties in response
to media advertising, direct mail solicitation , telemarketing and/or direct sales presentations. These
promotional offerings will be available to Customers who subscribe to one of the Services contained
in this Price List. The promotional offerings may contain a requirement that the Customer remain
subscribed to a particular Service for a period not to exceed three years. These offerings may be
limited to certain dates, times of day and/or locations determined by the Company.
Idaho P~bfic Utilities Commission
()ff~ce of the Secretary
CEPTEO FOR FILING
AUG 3 0 lUlU'
BD.~, JdAbo