20130507Amended Price Lists 1 & 3.pdf

BINGHAM
ORIGINAL
Jean L.Kiddoo p 4:-' Brett P. Ferenchak
Phone: [phone] Fax [phone]
[e-mail]
[e-mail]
May 6, 2013
Via Overnight Courier
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Docket No. TOC-T-13-01: TNCI Operating Company LLC Application for
Certificate of Public Convenience and Necessity to Provide Resold and
Facilities-Based Local Exchange and Exchange Access Telecommunications
Services in the State of Idaho
Dear Ms. Jewell:
Pursuant to staff's request, TNCI Operating Company LLC ("TNCI-OpCo") has revi ed
Price List Nos. 1 and 3, which were submitted as Exhibit E to its Application in the
above-referenced proceeding. Specifically, in each Price List, TNCI-OpCo added its toll-
free number to the title page, added an exculpatory clause to Section 2.1.4, and replaced
references to Qwest with CenturyLink. The revised Price List No. 1 pages (title page and
pages 9, 24, 58, 67, 68) and Price List No. 3 pages (title page and page 15) are attached
An original and three (3) copies of this filing are enclosed. Please date-stamp the
enclosed extra copy and return it in the envelope provided. Should you have any
questions concerning this filing, please do not hesitate to contact the undersigned.
Respectfully submitted,
Boston
Hartford
Hong Kong
London Jean Kiddoo
Los Angeles Brett P. Ferenchak
New York
Orange County
San Francisco Counsel for TNCI Operating Company LLC
Santa Monica
Silicon Valle y cc (via email): Grace Seaman, ID PUC
Tokyo
Washington
Bingham McCutchen LLP
2020 K Street NW
Washington, DC
20006-1806
1 202,373.6000
F 202.373.6001
bingham.com A175512987.1
TNCI Operating Company LLC Idaho P.U.C. Price List NoJ I
nat Title
IDAHO TELECOMMUNICATIONS PRICE LIST
Rates, Terms and Conditions
Relating to the Provision of Local Exchange Service in the State of Idaho
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
1-800-800-8400
This Price List contains descriptions, regulations, and rates applicable to the furnishing of
competitive, presubscribed local exchange telecommunications Services provided by TN I
Operating Company LLC ("TNCI") within the State of Idaho. Please note this Price List is on f le
with the Idaho Public Utilities Commission ("Commission"). In addition, Price List may be
inspected during normal business hours at TNCI's principal place of business at 114 E. Hal 3y
Street, Suite A, Santa Barbara, CA 93101. Questions regarding this Price List should e
addressed to Stefanie Edwards, VP Operations at [phone] or via postal service at
TNCI 's principal business address.
Issued: April 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
Effective: May 30, 3
A/75484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List NoJ I
Original Page 9
APPLICATION OF PRICE LIST
A.This Price List schedule sets forth the Service offerings, rates, terms and conditions
applicable to the furnishing of specialized combined local exchange Services offered
by TNCI to Customers in the State of Idaho, subject to availability.
B.TNCI has been granted authority to provide Local Exchange Service in the areas
served by Verizon and CenturyLink.
C.The rates and regulations contained in this Price List apply only to the intrastate
telecommunications Services furnished by TNCI and do not apply, unless otherwise
specified, to the lines, facilities, or the Services provided by a Local Exchange
Carrier or other common Carrier for use in accessing the Services of TNCI. This
Price List does not cover any information service or other unregulated service offered
by TNCI. TNCI will offer any information or other unregulated service in accordance
with TNCI's current price list or contract, whichever applies to the particular
Customer.
D.TNCI may not be deemed to have waived or impaired any right, power, requirement
or option reserved by this Price List (including, but not limited to, the right to demand
exact compliance with every term and condition herein), by virtue of any custom or
practice of TNCI at variance with the terms hereof, or any failure, refusal or neglect
of TNCI 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 TNCI to
exercise any right, power or option hereunder.
E.The rates, rules, terms and conditions contained herein are subject to change
pursuant to the rules and regulations of the Commission.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
A/75484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 24
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
Directory Listings - TNCI has no liability for damages arising from errors,
mistakes in or omissions of Directory Listings, or errors, mistakes or
omissions of listings obtainable from the directory assistance operator,
including errors in the reporting thereof.
Cost and Time - TNCI's liability arising from errors or omissions in
Directory Listings shall be limited to the actual cost to the Customer
for the Directory Listing during a given period of time. There is no
liability to TNCI and there will be no recovery by a Customer for loss
of business to a Customer for errors or omissions in Directory
Listings.
2.Private and Semi-Private Listings - In conjunction with private and
semi-private listing Services, TNCI will not be liable for failure or
refusal to complete any call to such telephone when the call is not
placed by dialing a number. TNCI will try to prevent the disclosure of
the number of such telephone, but will not be liable in any manner
should such number be divulged.
3.Non-Published Listings and Emergency Calls - When a Customer with
a non-published telephone number, as defined herein, places a call to
the Emergency 911 Service, TNCI will release the name and address
of the calling party, where such information can be determined, to the
appropriate local governmental authority responsible for the
Emergency 911 Service upon request of such government authority.
By subscribing to Service under this Price List, the Customer
acknowledges and agrees with the release of information under the
provisions as described above.
K. THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A
DETERMINATION BY THE COMMISSION THAT A LIMITATION OF
LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A
COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION
RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE
NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE
COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE
EXCULPATORY CLAUSE.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
A/75484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 58
SECTION 3 - DESCRIPTION OF SERVICE, Continued
3.2. EXCHANGE SERVICES
3.2.1 Basic Local Coverage Area
TNCI's service area within the State of Idaho mirrors that of its underlying local
exchange carriers Verizon and CenturyLink.
3.2.2 Basic Local Exchange Service
A.Local Exchange Service provides the Customer with a single, analog, voice-
grade telephonic communications Channel, which can be used to place or
receive one call at a time. Local Exchange Service lines are provided for the
connection of Customer-provided wiring, telephones, facsimile machines or
other Station equipment. An optional per-line Hunting feature is available for
multi-line Customers, which routes a call to the next idle line in a prearranged
group when the called line is busy. Local Exchange Service lines and Trunks
are provided on a single party (individual) basis only. No multi-party lines are
provided.
B.Local Exchange Services provide a Customer connection to TNCI's network,
enabling the Customer, among other things, to:
1.Originate communications to other points on TNCI's network;
2.Receive communications from other points on TNCI's network;
3.Access TNCI's Services as set forth in this and other TNCI Price Lists;
4.Access local, interexchange and international telecommunications
services provided by other authorized Carriers and the customers of
such Carriers to the extent such Carriers are interconnected with
TNCI's network;
5.Access TNCI's business office for Service-related assistance;
6.Access 911 or E91 1 services, where available, operator services,
directory assistance, and telecommunications relay services;
7.Access Operator-Assisted Calling Services; and
8.Access Directory Assistance.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
A175484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Oriqinal Paqe 67
SECTION 4— RATES
4.1. SERVICE CONNECTION AND MAINTENANCE CHARGES
4.1.1. Service Order and Change Charges
Non-recurring charges may apply to processing Service Orders for new Business
Service, and for changes in Business Service.
Line Connection Charge (CenturyLink) Service Charge
First Line $57.72
Each Additional Line $15.69
Change Fee, Per Order $14.00
Line Connection Charge (Verizon) Service Charge
First Line $50.36
Each Additional Line $26.58
Change Fee, Per Order $15.00
4.1.2. Restoration of Service Charge
A non-recurring charge may be assessed in instances where consumers request
service restoration.
Restoration of Service Charge Service Charge
Per restoration - Switched Services $ 25.00
Per restoration - Dedicated Services $100.00
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
A/75484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 68
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES
4.2.1. Standard Business Local Exchange Service Rates
A.Standard Local Exchange Service Monthly Recurring Charges.
The following charge applies to Standard Business Local Exchange Service
lines per month. Rates and charge includes Touch-tone Service for each line.
The rate below applies to Service provided on a month-to-month basis.
Service Charge
Unlimited Local with Long Distance (CenturyLink) $ 32.00
Unlimited Local without Long Distance (CenturyLink) $ 64.00
Unlimited Local with Long Distance (Verizon) $ 95.00
Unlimited Local without Long Distance (Verizon) $130.00
B.Other Monthly Recurring Charges
1.End-User Common Line (EUCL) Recovery Charge
The following charge applies to recovery of End User Common Lines
charges billed to TNCI by the Incumbent LEC.
Service Charge
Single Line Customer, Per Line $6.99
2.The following charges may apply to CenturyLink Standard Local
Exchange Service lines on a monthly basis, determined by the
geographic location of the consumer within the coverage area. At the
time service is requested, the customer will be advised of the appropriate
charge.
Service Charge
Suburban Surcharge $14.00
Rural Surcharge $42.00
3.Local Number Portability (LNP) Fee Service Charge
Single Line Customer, Per Line $2.99
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
A/75484845.3
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Title Sheet
Switched Exchange Access Services Price List
IDAHO TELECOMMUNICATIONS PRICE LIST
Rates, Terms and Conditions
Relating to the Provision of Intrastate Switched Exchange Access Service for Connection to
Intrastate Communications Facilities Within the State of Idaho Operating Authority of
TNCI OPERATING COMPANY LLC
114 E. Haley Street,
Suite A
Santa Barbara, CA 93101
1-800-800-8400
This Price List contains the descriptions, regulations and rates applicable to the furnishing of
intrastate switched exchange access telecommunications services provided by TNCI Operating
Company LLC ("Company") in the absence of a separate interconnection agreement between
Company and carriers who interconnect with Company's network in the State of Idaho.
Copies may be inspected during normal business hours at TNCI's principal place of business at
114 E. Haley Street, Suite A, Santa Barbara, CA 93101, or at the Commission's
offices.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.4 Limitations on Liability, Continued
Idaho P.U.C. Price List No. 3
Original Sheet No. 15
G) The Company will operate as specified in these and other applicable
Price Lists. Due to the interdependence among telecommunications
companies, and the interrelationship with non-Company processes,
equipment, and systems, the Company is not responsible for failures
caused by circumstances beyond its control including, but not limited to,
failures caused by:
overt action, omissions, interruptions, delays, errors, other defects
or misrepresentations, or the facilities of a local exchange carrier;
2.customer premise equipment; or
3.an End User or Customer.
In addition, the Company is not liable for any incompatibility between the
Company's Services and any non-Company Services used by a
Customer or an End User.
H) THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE
A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF
LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A
COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION
RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO
ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS.
IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE
VALIDITY OF THE EXCULPATORY CLAUSE.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101