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HomeMy WebLinkAboutCancelled -tw telecom of idaho llc Tariff No 7.pdfIDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Issued by: Lyndall Nipps, VP – Regulatory Affairs Original Page 1 Issue Date: May 15, 2008 Effective Date: May 25, 2008 This Idaho PUC Tariff No. 7 issued by tw telecom of idaho llc, cancels and replaces in its entirety Idaho PUC Tariff No. 4 issued by Time Warner Telecom of Idaho, LLC. REGULATIONS, RULES AND SCHEDULE OF INTRASTATE CHARGES APPLYING TO NETWORK SERVICES BETWEEN FIXED POINTS IN THE STATE OF IDAHO PRIVATE LINE SERVICE tw telecom of idaho llc Toll Free Number – 1-800-565-8982 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 1, 2015 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 3 Issue Date: May 15, 2008 Effective Date: May 25, 2008 CONTACT INFORMATION 1 Customer complaints, bill inquiry, new service or disconnect requests: tw telecom of idaho llc Customer Service 10475 Park Meadows Drive Littleton, CO 80124 Toll Free 1-800-565-8982 2 Commission contact - tariff information: Tammy Chatfield tw telecom of idaho llc 10475 Park Meadows Drive Littleton, CO 80124 3 Commission contact - complaints: Lyndall Nipps Vice President, Regulatory Affairs tw telecom of idaho llc 10475 Park Meadows Drive Littleton, CO 80124 4 Idaho Agent: CT Corporation System 300 North 6th Street Boise, ID 83702 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 4 Issue Date: May 15, 2008 Effective Date: May 25, 2008 TABLE OF CONTENTS Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lie Issue Date: February 12 2009 Idaho PUC Tariff No. 7 1 st Revised Page 5 Cancels Original Page 5 Effective Date: February 22, 2009 TABLE OF CONTENTS (Cont' SECTION 2 - REGULATIONS (Cont'24 Services Provided Pursuant to Term Agreement25 Negotiated Rates and Competitive Discounts26 Moves and Changes27 Restoration of Service SECTION 3 - SERVICE DESCRIPTIONS Transport Service Offerings High Speed Digital Access and High Capacity Private Line ESCON Storage Transport 3.4 VPN Access Services SECTION 4 - SPECIAL CONSTRUCTION Special Construction Services Individual Case Basis Arrangement SECTION 5 - PROMOTIONS PAGE 57.1 (N) (N) Idaho Public Utilities Commissioil Office ef the Secretary ACCEPTED FOR FILING FEB 2 2 2009 Boise, Idaho Advice Letter 09- IDpl090 1 IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 6 Issue Date: May 15, 2008 Effective Date: May 25, 2008 CUSTOMER RELATIONS/INFORMATION RULES 1. Customer Relations Rules The Rules applicable to the Company’s relationships with its Customers are contained in IDAPA 31.41.01 which addresses the following: - Residential and Small Business Deposits and Service Guarantee Practices - Billing - Denial, Restriction and Termination of Service - Payment Arrangements - Complaint Procedures - Miscellaneous Provisions 2. Customer Information Rules The Rules applicable to the provision of information to Customers of the Company are contained in IDAPA 31.41.02 which addresses the following: - Explanation of Rate Schedules - Notification of Rate Changes - Summary of Testimony - Non-Published Service - Telephone Solicitations Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 7 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SERVICE AREA Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 8 Issue Date: May 15, 2008 Effective Date: May 25, 2008 PRELIMINARY STATEMENT This tariff contains the effective rates and charges, together with information relating to telecommunications services offered to Customers in the State of Idaho by tw telecom of idaho llc. The Company provides services to Idaho Customers subject to Idaho Code Title 61 and the rules of the Idaho Public Utilities Commission, specifically - Customer Relations Rules (IDAPA 31.41.01) - Customer Information Rules (IDAPA 31.41.02) - Telephone Corporation Rules (IDAPA 31.42.01) - Universal Services Fund Rules (IDAPA 31.46.01) - Telecommunications Relay Service (IDAPA 31.46.02) - Operator Service Providers/Pay Telephone Rules (IDAPA 31.51.01) - Auto Dialing and Announcement Devices (IDAPA 31.51.02) The Company adopts by reference the provisions of the above rules, and any amendments to the rules which may be adopted hereafter, and any other applicable Rules promulgated by the IPUC. This tariff applies to basic exchange services, as defined by Idaho Code §62-603. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 9 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS The following symbols shall be used in this tariff for the purpose indicated below: (C) to signify changed condition or regulation. (D) to signify deleted material. (I) to signify a change in rate or charge resulting in an increase to a Customer’s bill. (M) to signify that material has been transferred from another sheet or place in the tariff. (N) to signify new material. (R) to signify a change in rate or charge resulting in a reduction to a Customer’s bill. (T) to signify a change in text for clarification. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 10 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS (Cont'd.) EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 11 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS (Cont'd.) EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 12 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS (Cont'd.) Certain terms used generally throughout this tariff for the Network Services of this Company are defined below. Advance Payment: Part or all of a payment required before the start of service. Analog: A transmission method employing a continuous (rather than a pulsed or digital) electrical signal that varies in amplitude or frequency in response to changes of sound, light, position, etc., impressed on a transducer in the sending device. Application for Service: A standard Company order form which includes all technical and descriptive information which will enable the Company to provide the communication services or facilities, or both, as requested by the applicant and as provided by the Company. Authorized User: A carrier, person, firm, partnership, association, company, corporation, governmental agency or other entity, which is authorized by the Customer to be connected to the service of the Customer. An Authorized User must be specifically named in the application for service. Bit: The basic unit in digital communications. Channel: A point-to-point bi-directional path for digital transmission. A channel may be furnished in such a manner as the Company may elect, whether by wire, fiber optics, radio or a combination thereof whether or not by means of single physical facility or route. One 1.544 mbps service is equivalent to 24 channels. Company: tw telecom of idaho llc. Customer: The carrier, person, firm, partnership, association, company, corporation, governmental agency or other entity, which orders, cancels, amends or uses service and is responsible for the payment of charges and compliance with the Company's regulations. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 13 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS (Cont'd.) Dedicated: A facility or equivalent system or subsystem set aside for the sole use of a specific Customer. Digital: A method of storing, processing and transmitting information through the use of distinct electronic or optical pulses that represent the binary digits (bits) 0 and 1. Digital transmission/switching technologies employ a sequence of discrete, individually distinct pulses to represent information, as opposed to the continuously variable signal of analog technologies. Duplex Service: Service that provides for simultaneous transmission in both directions. End User: Any person, firm, corporation, partnership or other entity which uses the services of the Company under the provisions and regulations of this tariff. The End User is responsible for payment unless the charges for the services utilized are accepted and paid for by another Customer. Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light beam carrying communications signals may be transmitted by means of multiple internal reflections to a receiver, which translates the message. Impaired Service: That portion of service provided to a Customer or Authorized User that is temporarily inoperative during such time as the Company has not been notified of such status or has not been given an opportunity to test and repair. Individual Contract Basis ("ICB"): A service arrangement in which the regulation, rates and charges are developed based on the specific circumstances of the case and the charges for which are contained in a contract executed by the Customer and the Company. Interoffice Mileage: The segment of a line that extends between the central offices serving the originating and terminating points. Interrupted Service: That portion of service provided to a Customer or Authorized User of which the Company has been notified of a temporary cessation and given an opportunity to test and repair. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 14 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 1 - TECHNICAL TERMS AND DEFINITIONS (Cont'd.) LEC: Local Exchange Company Mbps: Megabits; millions of bits per second. Network: The Company's transmission facilities, including its fiber optics-based communications system and all other transmission lines and interconnection equipment. Network Services: The Company's telecommunications services offered on the Company's Network. Node: The Company office where customer facilities are terminated for purposes of interconnection to trunks and/or cross-connection to distant ends. Off-Net - Services provided by the Company that are carried in part on the Company's network. On-Net - Services provided by the Company that are carried entirely on the Company's network. One-Way Service: Service which provides for transmission in one direction. Premises: The space occupied by a Customer or Authorized User in a building or buildings or contiguous property (except railroad rights-of-way, etc.) not separated by a highway. Special Construction: Service configurations specifically designed and constructed at a Customer's request. Station: A premises or point designated by the Customer at which a Channel terminates and where information originates or terminates. Two-Way Service: Service which provides for transmission and/or reception to or from a station. VersiPak® Service: Service provided to a Customer that allows the grouping of rate components to meet the Customer's specific needs. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 15 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS 2.1 Description of Service 2.1.1 The Company undertakes to furnish telecommunications service within the State of Idaho pursuant to the terms of this tariff. 2.1.2 Service is provided 24 hours per day and for a minimum service period of one month. For the purpose of computing charges in this tariff, a month is considered to have 30 days. 2.1.3 Services provided under this tariff may be used for any lawful purpose for which the service is technically suited. Service is furnished on the condition that it will be used only for authorized and lawful purposes. 2.1.4 Customers and users may use services and facilities provided under this tariff to obtain access to services offered by other service providers. The Company is responsible under this tariff only for the services and facilities provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own Customers. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 16 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.1 Description of Service, (Cont'd.) 2.1.4 Service is offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this tariff. The Company has the right to limit the manner in which any portion of its telecommunications network ("Network") is used to protect the technical integrity of the Network. 2.1.5 The Company reserves the right to discontinue or limit service or impose requirements as required to meet changing regulatory requirements, or when such requirements have a material adverse economic effect on the feasibility of providing service, as determined by the Company in its reasonable judgment, or when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this tariff, or in violation of the law. 2.1.6 The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. 2.1.7 The Company directly or indirectly controls all facilities provided under this tariff and the Customer may not transfer or assign the use of service or facilities without the express written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of service of facilities. 2.1.8 Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 17 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.2 Customer Application for Service 2.2.1 General Provisions Service is installed upon mutual agreement of the Customer and the Company. The service agreement does not alter rates specified in this tariff. 2.2.2 Cancellation or Modification of Application for Service by the Customer A. Applications for service are noncancellable without the prior consent of the Company. Such consent shall not be unreasonably withheld. B. If the Customer requests a change in the service order after receipt of a firm order confirmation (excluding requests to expedite the due date as provided by Section 2.2.4 of this tariff), and Order Modification Charge will apply. Written requests to delay the due date received less than 72 hours prior to the due date shall not result in the delay of billing monthly recurring charges. The Company reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to modify the service order. C. If the cancellation is requested after completion of the installation, it will be treated as a discontinuance of service and any applicable minimum period charges and termination liabilities will apply. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 18 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.2 Customer Application for Service, (Cont'd.) 2.2.2 Cancellation or Modification of Application for Service by the Customer continued D. Cancel Order Charge If the Customer cancels its order for service prior to the service due date, an Order Cancellation Charge will apply. The Company reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to cancel the service order. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 19 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.3 Establishment and Reestablishment of Credit The Company may conduct a credit investigation of each new Customer prior to accepting the service order. A Customer whose service has been discontinued for nonpayment of bills will be required to reestablish credit before service is restored. The Company may require a Customer to pay all amounts past due in addition to any service connection charges and/or a deposit. 2.4 Deposits and Advanced Payments 2.4.1 Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non- recurring charges for the special construction. An advance payment may be required in addition to a deposit. Advance payments will be credited to the Customer’s first month’s bill. 2.4.2 Deposits The Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The Company’s deposit practices are set forth in the Commission’s Customer Relation Rules IDAPA 31.41.01. Interest will be paid on deposits as required by the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lIe Idaho PUC Tariff No. 7 1 sl Revised Page 20 Cancels Original Page 20 Issue Date: September 22, 2008 Effective Date: October 2, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D. 2.4 Deposits and Advanced Payments, (Cont' 2.4.Taxes, Fees and Surcharges The Company reserves the right to bill any and all applicable surcharges and fees, including, but not limited to: Federal Excise Tax, State Sales Tax, Municipal Taxes; Gross Receipts Taxes; and any taxes, surcharges, fees, charges or other payments, contractual or otherwise for the use of public streets or rights-of-way, whether designated as franchise fees or otherwise. Such taxes or fees will be itemized separately on the Customer s invoice or billing detail. As permitted by law, the Company will recover from its Customers any such charges assess directly against the Company. Universal Service Fund Surcharge In compliance with the IDAP A 31.46., a monthly surcharge rate is assessed on each exchange access line and on usage. The surcharge contributes towards funding for the Idaho Universal Service Fund. The Company will comply with, and require its Customers to comply with the assessed surcharges at the applicable rate set forth by the IPUc. (T) (T) (D) Idaho Public Utilities CQmmission Office of the Secretary ACCEPTED FOR FILING OCT 2~ 2008 Boise. Idaho Advice Letter 08- IDp1O805 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 1, 2015 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 22 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.4 Deposits and Advanced Payments, (Cont'd.) 2.4.3 Pay Telephone Surcharge In order to recover the Company's expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 197 (FCC 97-371), a per call charge is applicable to all calls that originate from any domestic pay telephone used to access the Company's services. A charge applies to each call originated from a pay telephone. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 23 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.5 Rendering and Payment of Bills 2.5.1 Charges for installation, service connections, moves and rearrangements, and other engineering services performed by the Company, where applicable, are payable upon demand by the Company or its authorized agent. The billing thereafter will include recurring charges and actual usage as defined in this tariff. 2.5.2 The Customer shall be responsible for all calls placed by or through the Customer's equipment by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer's equipment via any remote access features. The Customer is responsible for all calls placed via their authorization code as a result of the Customer's intentional or negligent disclosure of the authorization code. 2.5.3 The Customer is responsible for payment of all charges for services and equipment furnished to the Customer for transmission of calls via the Company. The Customer agrees to pay to the Company any cost(s) incurred as a result of any delegation of authority resulting in the use of his or her communications equipment and/or network services which result in the placement of calls via the Company. The Customer agrees to pay the Company or its authorized agent any and all cost(s) incurred as a result of the use of the service arrangement, including calls which the Customer did not individually authorize. 2.5.4 Billing for Services begins on the date the Company notifies the Customer that Service has been installed and tested by the company and is available for the Customer's use ("Service Date"). Charges for Services, including applicable federal, state and local taxes will be billed in advance, except for charges based on usage, which will be billed one month in arrears. Charges are due within thirty (30) days from the date of the bill, but in no event later than the commencement of the next billing period. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 24 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.5 Rendering and Payment of Bills, (Cont'd.) 2.5.5 The Company will process Customer billing and service complaints in accordance with Idaho Public Utilities Commission Rule 401 (IDAPA 31.41.01). Adjustments to Customers' bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. 2.5.6 A charge of $20 will be assessed for any check or other form of payment returned by the drawee bank or other financial institution for insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank of financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution. 2.5.7 A late fee of 1.0% per month will be charged on any Company-billed past due balance. In the event that the Company incurs fees or expenses, including attorney's fees, while collecting or attempting to collect any charges owed to the Company, the Company may charge the Customer all such fees and expenses reasonably incurred. 2.5.8 Upon termination of service for any reason, all amounts due from the Customer to the Company, including, but not limited to, charges fore services rendered and termination liability as provided in this tariff, shall become immediately due and payable by the Customer. 2.5.9 The Company reserves the right to deny a request for additional services or restoration of services unless and until the Customer's account is in current status. 2.5.10 Objections to billed charges must be reported to the Company within 120 days of receipt of billing. Any claim not filed within this time period shall be deemed waived. Claims must include all supporting documentation and may be submitted online at http://customers.twtelecom.com/disputes/ or by telephone at 1-800-565-8982. The Company shall make adjustments to the Customer's invoice to the extent that circumstances existing which reasonably indicate that such changes are appropriate. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 25 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.6 Liability of the Company 2.6.1 The liability of the Company for damages arising out of the furnishing of its Services, including, but not limited to, mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts or omission, shall be limited to the extension of allowances for interruption and as required by the Commission’s Rules (IDAPA 31.41.01.503). The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company. The Company will not be liable for any lost profits or direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any Company service, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. 2.6.2 The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 26 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.6 Liability of the Company, (Cont'd.) 2.6.3 The Company shall not be liable for any act or omission of any entity furnishing services or equipment which is related to the service provided by the Company, but is not provided directly by the Company. No agents or employees of other carriers shall be deemed to be agents or employees of the Company. 2.6.4 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities. 2.6.5 The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), 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 installation, operation, failure to operate, maintenance, removal presence, condition, location, or use of any installation so provided. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of these provisions of as a condition precedent to such installations. 2.6.6 The Company is not liable for any defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by negligence or willful misconduct of the Company's agents or employees. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 27 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.6 Liability of the Company, (Cont'd.) 2.6.7 The Company shall be indemnified, defended and held harmless by the Customer against: A. Claims for libel, slander, infringement of copyright or unauthorized use of any trade mark, trade name or service mark arising out of the material, data, information, or other content transmitted by the Customer over the Company's facilities; B. Claims for patent infringement arising from combining or connecting the Company's facilities with apparatus and systems of the Customer; C. All claims of any kind by the Customer's End Users; and D. All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer in connection with any service provided by the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 28 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.6 Liability of the Company, (Cont'd.) 2.6.8 The entire liability for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim. No action or proceeding against the Company shall be commenced more than one year after the service is rendered. 2.6.9 The Company makes no warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability or fitness for a particular use, except those expressly set forth herein. 2.6.10 The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court’s responsibility to adjudicate negligence and consequential damage claims. It is also the court’s responsibility to determine the validity of the exculpatory clause. 2.6.11 The Company will process Customer billing and service complaints in accordance with Idaho Public Utilities Commission Rule 401 (IDAPA 31.41.01). 2.6.12 The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulations, rules or standards of the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 29 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.7 Obligation of the Customer 2.7.1 General The Customer shall be responsible for: A. the payment of all applicable charges pursuant to this tariff; B. damage to or loss of the Company's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer premises, unless caused by the gross negligence or willful misconduct of the employees or agents of the Company; C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 30 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.7 Obligation of the Customer, (Cont'd.) 2.7.1 General, (Cont'd.) D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Services to the Customer. Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company's judgment, injury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g., friable asbestos) prior to any construction or installation work; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 31 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.7 Obligation of the Customer, (Cont'd.) 2.7.1 General, (Cont'd.) F. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to the location of Company facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; G. not creating or allowing to be placed any liens or other encumbrances on the Company's equipment or facilities; and H. making facilities provided by the Customer and the Company available to the Company upon reasonable notice for tests and adjustments as may be deemed necessary by the Company for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made when the interruption is less than twenty-four consecutive hours. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 32 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.7 Obligation of the Customer, (Cont'd.) 2.7.2 Claims With respect to any service or facility provided by the Company, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees for: A. any loss, destruction or damage to property of the Company or any third party, or the death or injury to persons, including, but not limited to, employees or invitees of either party, to the extent caused by or resulting from or invitees of either party, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agent, representatives or invitees; or B. any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company's services and facilities in a manner not contemplated by the agreement between the Customer and the Company. 2.7.3 The Customer may not assign its rights or obligations hereunder without the prior written consent of the Company, which shall not be unreasonably withheld or delayed. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 33 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.7 Obligation of the Customer, (Cont'd.) 2.7.4 Liability for Calling Card Fraud The Customer is liable for the unauthorized use of the Company's service obtained through the fraudulent use of a Company calling card, provided that the unauthorized use occurs before the Company has been notified. The Customer's liability for unauthorized use shall not exceed the lesser of $250.00 or the amount of services obtained by unauthorized use prior to notification to the Company. Notwithstanding the foregoing, in situations where the Company issues 10 or more calling cards to a Customer for use by its employees, the Company and the Customer may agree on the Customer's liability for unauthorized use on a case by case basis without regard to this subsection. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 34 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.8 Provision of Equipment and Facilities 2.8.1 The Company's facilities and service 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, except as otherwise provided. The Company shall have no obligation to install, maintain, repair or operate Customer-provided equipment. The Customer is responsible for all costs at its premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Company's service. When such terminal equipment is used, the equipment shall comply on a continuing basis with technical specifications established by the Company. In the event that the Company, in responding to a Customer-initiated service call, determines that the cause of such service call is a failure, malfunction or inadequacy of Customer-provided equipment, the Customer shall compensate the Company for such service call at the Company's then prevailing rates. 2.8.2 Other than the facilities, termination equipment or channel derivation equipment provided by the Customer, the Company will provide, install, and maintain, repair, operate and control any equipment, cable or facilities associated with or connected with its network. Unless otherwise provided, the Company is responsible for purchasing such equipment and such equipment remains the property of the Company. The Customer is responsible for any loss or damage to such equipment arising out of the negligent or willful act of the Customer or its agents, employees, or authorized users. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 35 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.9 Customer Equipment and Channels 2.9.1 General A Customer may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this tariff. A Customer may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff. The Company is responsible for usage charges, damages and loss resulting from the unauthorized or fraudulent use by the Customer, its agents, employees or third parties, of the services provided hereunder if such charges, damages or loss results from the failure, malfunction, inadequacy or failure to properly secure Customer-provided equipment. 2.9.2 Station Equipment A. Customer-provided equipment on the Customer's premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Customer. The Customer is responsible for the provision of wiring or cable to connect its terminal equipment to the Company's facilities. B. The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided at the Customer's expense. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 36 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.9 Customer Equipment and Channels, (Cont'd.) 2.9.3 Interconnection of Facilities A. Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing communications services and the channels, facilities, or equipment of others shall be provided at the Customer's expense. B. Communications services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers or by applicable interconnection agreements. The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service. C. Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations. All Customer-provided wiring shall be installed and maintained in compliance with those regulations. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 37 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.9 Customer Equipment and Channels, (Cont'd.) 2.9.4 Inspections and Protective Requirements A. Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth above for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving such notice, the Customer must take further corrective action and notify the Company of the action taken. If the Customer fails to comply with the terms of this paragraph, the Company may take whatever additional action it deems necessary. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 38 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.10 Non-routine Installation, Maintenance and Special Construction 2.10.1 Non-routine Installation and Maintenance At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on the cost of the actual labor, material or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. 2.10.2 Special Construction Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken: A. where facilities are not presently available, and there is no other requirement for the facilities so constructed; B. of a type other than that which the Company would normally utilize in the furnishing of its services; C. over a route other than that which the Company would normally utilize in the furnishing of its services; D. in a quantity greater than that which the Company would normally utilize in the furnishing of its services; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 39 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.10 Non-routine Installation, Maintenance and Special Construction, (Cont'd.) 2.10.2 Special Construction, (Cont’d.) E. on an expedited basis; F. on a temporary basis until permanent facilities are available; G. involving abnormal costs; or H. in advance of its normal construction. 2.11 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its agents or contractors. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 40 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.12 Refusal or Discontinuance of Service by the Company The Company may refuse, limit or discontinue service under the following conditions and in accordance with Commission's rules. Unless otherwise stated, the Customer will be given five (5) days' written notice and allowed a reasonable time to comply with any rule or remedy any deficiency. 2.12.1 For non-compliance with and/or violation of any State or municipal law, ordinance or regulation pertaining to telephone service. 2.12.2 For the use of telephone service for any other property or purpose other than that described in the application. 2.12.3 For failure or refusal to provide the Company with a deposit to insure payment of bills in accordance with the company's regulations or failure to meet the Company's credit requirements. 2.12.4 For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company. 2.12.5 For non-compliance with and/or violation of the Commission's regulations or the Company's rules and regulations on file with the Commission, provided five (5) working days' written notice is given before termination. 2.12.6 For non-payment of bills for telephone service. Suspension or termination of service shall not be made without five (5) working days' written notice to the Customer, except as specified in subsections 2.12.7 through 2.12.9. 2.12.7 Without notice in the event of the Customer's use of equipment in such a manner as to adversely affect the Company's equipment or the Company's service to others. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 41 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.12 Refusal or discontinuance of Service by the Company, (Cont'd.) 2.12.8 Without notice in the event of tampering with the equipment furnished and owned by the Company. 2.12.9 Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company, before restoring service, may require the Customer to make, at its own expense, all changes in facilities or equipment necessary to eliminate illegal use. 2.12.10 For failure of the Customer to make proper application for service. 2.12.11 For Customer's breach of the contract for service between the Company and the Customer. 2.12.12When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 42 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.13 Cancellation of Service 2.13.1 Cancellation of Application for Service If the Customer cancels its order for service prior to the service due date, an Order Cancellation Charge will apply. The Company reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to cancel the service order. 2.13.2 Cancellation of Installed Service Unless a Customer has purchased service under a term agreement plan, the service may be cancelled at any time by contacting the Company. The minimum service period for service not furnished under a term plan for which monthly charges apply is thirty days. The Customer must provide proper identification when ordering or canceling service. Cancellation charges and/or termination liability charges may. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 43 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.14 Notices and Communications 2.14.1 The Customer shall specify on the service order an address to which the Company may mail or deliver all notices and other communications, except the Customer may designate a separate address to which the Company’s bills for service shall be mailed. 2.14.2 The Company shall identify on its bills for service an address to which the Customer may mail or deliver notices and other communications, except that the Company may designate a separate address on each bill for service to which the Customer shall mail the bill payment. 2.15 Trouble Reporting If the Customer encounters a problem with any service after the actual completion date, the Customer must obtain a trouble ticket by calling 1-800-829-0420. The Company will issue a credit for service interruptions, if applicable, in accordance with this tariff. The duration of the problem is determined solely by the date and time the trouble ticket was opened and subsequently closed out as a resolved issue. Credits will not be issued unless a trouble ticket exists for the circuit in question. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 44 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.16 Service Level Standards and Credit Allowances for Interruption of Service 2.16.1 Service Level Standards A. Transport Services The Company’s On-Net, dedicated, DS-n and SONET OC-n and Optical Wavelength Transport Services (“Transport Services”) will be available to Customer at least 99.99% of the time in a calendar month (“Network Availability”). Customer shall report Service Outages by contacting The Company’s Customer and Network Reliability Center at 1-800-829-0420 (“CNRC”). The Company will open a trouble ticket and provide a trouble ticket number for tracking purposes. For the purposes of determining the applicable credit, a Service Outage begins when the trouble ticket is opened and closes when the Service is properly restored. A service outage causing Network non-availability is defined as the inability to transmit and receive data via the Transport Service due to the Company’s equipment or network (“Service Outage”). Standard maintenance windows are based on the time zone of a city’s location and are available at the following website: http://info.twtelecom.net/info.php?id=1. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 45 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.16 Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) 2.16.1 Service Level Standards, (Cont'd.) B. Extended Native Local Area Network (“ENLAN”) Service 1. Network Availability The Company’s On-Net ENLAN Service will be available to Customer at least 99.99% of the time in a calendar month (“Network Availability”). A service outage causing Network non-availability is defined as the inability to transmit and receive data due to the Company’s equipment or network (“Service Outage”). Credits are based upon a percentage of the monthly recurring charge (“MRC”) for the non-performing ENLAN Service. 2. Network Latency The Company’s On-Net ENLAN Service will have an average round-trip transmission of 50 milliseconds or less between the Company’s designated regional route servers in the forty-eight contiguous United States and an average round-trip transmission of 75 milliseconds or less between the Company’s designated regional route servers located in Hawaii and the mainland United States (“Latency”). Latency calculations do not include Customer host to host readings. Upon Customer’s request to the Company’s Network Reliability Center at 1-800-829-0420 (“CNRC”), the Company will calculate Latency by averaging sample measurements taken during the most recent full calendar month between the Company’s designated regional route servers. Optimum TCP throughput may require adjustments to the default TCP stack settings. Monthly Network Latency and Packet Delivery averages may be viewed at: www.twtelecom.com/performance/hi_ip_network_overview_performance.ht ml Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 46 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.16 Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) 2.16.1 Service Level Standards, (Cont'd.) B. Extended Native Local Area Network (“ENLAN”) Service, (Cont'd.) 3. Packet Delivery The Company’s On-Net ENLAN Services will have packet delivery of at least 99.5%. Packet Delivery is determined by averaging sample measurements taken during the most recent full calendar month between the Company’s designated regional route servers. Monthly Network Latency and Packet Delivery averages may be viewed at: www.twtelecom.com/performance/hi_ip_network_overview_performance.ht ml 4. On-time Installation For ENLAN Services provisioned entirely on the Company’s Network, the Company will complete installation within 15 business days after the Service Order is received by its Provisioning Network Operations Center (“PNOC”). For Services provisioned through another provider, the Company will complete installation within 15 business days from the PNOC’s receipt of the Service Order, plus the underlying provider’s actual installation interval. If the Company fails to meet the installation interval, it will provide Customer with a 50% credit off the installation fee set forth in the applicable Service Order. 5. Special Provisions Applicable to ENLAN Service Level Standards Standard maintenance windows are based on the time zone of a city’s location and are available at: http://info.twtelecom.net/info.php?id=1 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 47 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.16 Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) 2.16.1 Service Level Standards, (Cont'd.) C. Enterprise and Elite Native Local Area Network Services 1. Network Availability During each calendar month, the Company’s On-Net Elite NLAN Services will be available at least 99.999% of the time, and its Enterprise SNLAN Services will be available at least 99.99% of the time (“Network Availability”). The Service is unavailable when it is not able to transmit and receive data due to the Company’s equipment or network (“Service Outage”). 2. On-time Installation For NLAN Services being provisioned completely on the Company’s network, the Company will complete installation within 15 business days from the date the Service Order is received by the Company’s Provisioning Network Operations Center (“PNOC”). For Off-net Services (Services provisioned through another provider), the Company will complete installation within 15 business days from the date the Service Order is received by the PNOC, plus the underlying provider’s actual installation interval. If the Company fails to meet the installation interval, it will provide Customer with a 50% credit off the installation fee set forth in the applicable Service Order. 3. Special Provisions Applicable to Enterprise SNLAN and Elite NLAN Service Level Standards Standard maintenance windows are based on the time zone of a city’s location and are available at: http://info.twtelecom.net/info.php?id=1. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 48 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.17 Proprietary Information 2.17.1 All prices, terms, or conditions associated with any Service Contract entered into by the Customer are proprietary to the Company. The Customer may not use the Company's service mark, name or logo in connection with the Company's marketing of any service to end users, even where those services include a Service supplied by the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 49 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.18 Services Purchased Pursuant to Term Agreement The Company may provide services pursuant to term agreement. Upon expiration of a term contract, the service term will automatically renew at the same terms and conditions for successive one year terms unless either party notifies the other 30 days prior to the expiration of the then current term that it wishes to terminate the service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 50 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.19 Applicable Law This tariff is governed by the laws of the State of Idaho, without regard to its choice of laws provisions. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 51 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.20 Customer Requested Suspension of Service 2.20.1 General Upon Customer's request, the Company will suspend incoming and outgoing service on the Customer's access line for a period of time not to exceed one year. Upon Customer's request, the Company will provide the Customer with an intercept recording referring callers to another number. The Company will assess a lower monthly rate for Customer Requested Service Suspension as noted below. However, any mileage charges, monthly cable charges or monthly construction charges are still due, without reduction during the period of suspension. 2.20.2 Rates and Charges Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 52 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.21 Additional Rules Relating to Resale of Service All local voice services provided by the Company are intended for retail End User purposes only. The Company does not support any Customer's resale of local services to another end user that has not contracted with the Company. Unless otherwise agreed upon in writing by the Company, Customers must abide by the following requirements when purchasing any local services: 2.21.1 Customer must use Company- owned telephone numbers or numbers that are officially ported to the Company in connection with the Services. 2.21.2 The Company does not support the inclusion of individual names and/or locations for each telephone number used in connection with the Services for Emergency 911 purposes. Customer must utilize PS/ALI (Private Switch/Automatic Line Identifier) software to support each individual location for each ANI (Automatic Number Identification) transmitted by the Company to the applicable Emergency 911 PSAP (Public Safety Answering Position). The Company does not provide PS/ALI software. 2.21.3 The Company does not support CARE record information for each of Customer’s end users and Customer must choose a single primary interexchange carrier for Customer and all of its end users. The Customer and all of its end users must utilize the same interexchange carrier. 2.21.4 The Company does not support the populating of the individual end user’s caller name for Caller ID purposes. Only one Caller Name will be supported for each Billing Telephone Number provided to the Customer for the services purchased. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 53 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.21 Additional Rules Relating to Resale of Service, (Cont'd.) 2.21.5 The Company does not support individual directory listings for each of the Customer’s end users. Customers may only purchase directory listings that are representative of their own business name. 2.21.6 The Company will bill only Customer for both Customer’s and its end users use of the Services. Usage may be detailed by Billing Telephone Number (BTN), but the Company will not bill Customer’s end users for the Services nor does the Company provide billing media to assist Customer in billing its end users. 2.21.7 The Company does not offer GR303 protocol in connection with the Services. 2.21.8 The Company will accept trouble reports only from Customer or a Customer provided contact. Customer’s end users contacting the Company will be referred back to Customer for trouble ticket management. 2.21.9 Customer agrees that all Services purchased hereunder will be subject to taxes, fees, surcharges and assessments based on Customer’s use of the Services as an end user. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 54 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.22 Modification of Service Order If the Customer requests a change in the service order (excluding requests to expedite the due date as provided by Section 2.16 of this tariff), an Order Modification Charge will apply. Written requests to delay the due date received less than 72 hours prior to the due date shall not result in the delay of billing monthly recurring charges. The Company reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to modify the service order. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 55 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.23 Expedited Due Date Service 2.23.1 General Upon acceptance of the Customer's application for service, the company will notify the Customer of the time frame in which service will be installed. When a Customer requests that service be provided in advance of the Company-specified date, and the Company is able to comply, an Expedited Due Date Service charge will apply. The Company reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to expedite the service order. 2.23.2 Charges The charge is applicable per exchange, per request and applies in addition to any normal service and installation charges applicable. 2.23.3 Limitation of Liability The Customer indemnifies and saves the Company harmless against any and all claims for damages caused or claimed to have been caused directly or indirectly when an established expedited due date is not met by the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 56 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 2 - GENERAL REGULATIONS, (CONT'D.) 2.24 Services Provided Pursuant to Term Agreement 2.24.1 Upon expiration of a term contract, the service term will renew automatically at the same terms and conditions for successive one-year terms unless either party notifies the other 30 days prior to the expiration of the then current term that it wishes to terminate the service. 2.24.2 The Company may terminate Service if the Customer's material breach is not corrected within thirty (30) days of written notice thereof. Termination for any reason shall not relieve the Customer of liability incurred prior to termination. If the Customer terminates Service(s) prior to the end of the term, the Customer's termination liability shall be 100% of the monthly recurring charges for the remaining term of the Service(s). The Company reserves the right to impose termination charges at a higher rate than stated hereunder if the Company incurs unusually high capital costs to provide or remove Service(s) to or from the Customer's location. The Company also reserves the right assess any documented charges from a third party that are directly associated with the Customer's request to terminate service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 57 Cancels Original Page 57 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 2 - GENERAL REGULATIONS, (CONT'D. Negotiated Rates and Competitive Discounts Customized service packages at Negotiated Rates or Competitive Discounts may be furnished on a case-by-case basis in response to request by Customers of the Company for proposals or for competitive bids. Service offered under this Tariff provision will be provided to Customers pursuant to contract. Competitive Discounts are available to Customer purchasing services with a contract period of 24 months or greater. Competitive Discounts shall not exceed 30%. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices in other sections of this Tariff. Specialized rates or charges will be made available to similarly-situated Customers on a nondiscriminatory basis. The Company will consider the following factors when establishing special pricing arrangements: (1) the LATA in which the Customer is located; (2) the horizontal and vertical distance from the central office to the Customer premises; (3) the availability and location of the network facilities; (4) the type of service; (5) the price of the service; (6) the number of lines ( circuits) being used; and (7) the length of the contract terms. Moves and Changes The Company alone may make changes in the location of its lines and equipment. When it is found that a move or change of such lines or equipment has been made by others, the Connection Charge per line for the underlying service will apply as if the work had been done by the Company. The Customer will be assessed a nonrecurring charge for any move, add or change of a Company service. Move and Change are defined as follows: Move: A change in physicallocation of the Customer s premises or the point of termination at the Customer s premises. Charges equal to initial installation charge apply. Change:Any revision, redesign or other provisioning change to existing services. Change Order Switch Configuration or Feature Addition Trunk Routing Configuration Minimum Nonrecurring Charge. each $50. $75. Id~ho Public Utilities Commission Office at the Secretary ACCEPTED FOR FILING F E B 2 2 2009 Boise. Idaho Advice Letter 09- IDplO901 (N) (N) . , tw teleeom of idaho lie Idaho PUC Tariff No. 7 Original Page 57. Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 2 - GENERAL REGULATIONS, (CONT'D. Restoration of Service 27.Description A restoration charge applies to the restoration of suspended service and facilities because of nonpayment of bills and is payable at the time the restoration of the suspended service and facilities is arranged. The Company may require the Customer to pay a deposit prior to the restoration of the suspended service and facilities. The restoration charge does not apply when, after disconnection of service, service is later reinstalled. 27.Rates Restoration Charge:$50. Ida!10 Public Utilities Commission Office 51 the Secretary ACCEPTED FOR FILING FEB 2 22009 Boise, Idaho .-.....:--- Advice Letter 09- IDplO901 (N) (N) IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 58 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS 3.1 Transport Service Offerings 3.1.1 Dedicated Capacity Services A. Service Description 1. DS-0 Service DS-0 Low-speed digital service includes data transmission speeds of 2.4, 4.8, 9.6, 19.2, 56 and 64 Kbps. 2. DS-1 Service DS1 Service is a dedicated, high capacity, full duplex channel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion or Binary 8 Zero Substitution and either Superframe (D4) or Extended Superframe (ESF) formats. DS1 Service has the equivalent capacity of 24 Voice Grade Services or 24 DS-0 Services. AMI can support 24 each 56 Kbps channels and B8ZS can support 24 each 64Kbps channels. 3. DS-3 Service DS3 Service is a dedicated, high capacity, full duplex channel with a line speed of 44.736 Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS). DS3 Service has the equivalent capacity of 28 DS-1 Services at 1.544 Mbps or 672 Voice Grade Services or 672 DS-0 Services at 56/64 Kbps. 4. STS-1 Service STS-1 Service is a high capacity channel for the full duplex, synchronous, optical channel for transmission of digital data based on the Synchronous Optical Network (SONET) standard. STS-1 has an electrical interface rate of 51.840 Mbps and can be configured with either DS3 or VT1.5 payload mapping. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 59 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.1 Dedicated Capacity Services, (Cont'd.) A. Service Description, (Cont'd.) 5. OC-3 Service OC-3 Service is a high capacity channel for the full duplex, synchronous, optical transmission of digital data based on the Synchronous Optical Network (SONET) standard at a rate of 155.520 Mbps. OC-3 Service may be configured with one OC-3c (concatenated), up to 3 STS-1’s, or with combinations of asynchronous DS3 or DS1 (VT1.5) payload mapping. 6. OC-3c Service OC-3c Service is a concatenated, high capacity, clear channel for synchronous, optical transmission of digital data based on the SONET standard rate of 155.520 Mbps. 7. OC-12 Service OC-12 Service is a high capacity channel for the full duplex, synchronous, optical transmission of digital data based on the Synchronous Optical Network (SONET) standard at a rate of 622.080 Mbps. OC-12 Service may be configured with up to 4 OC-3’s, up to 12 STS-1’s, or up to 12 asynchronous DS3 payload mapping. DS1 payload mapping can be accommodated via a subtended OC-3 add-drop multiplexer. 8. OC-12c Service OC-12c Service is a concatenated, high capacity, clear channel for synchronous, optical transmission of digital data based on the SONET standard rate of 622.080 Mbps. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 60 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.1 Dedicated Capacity Services, (Cont'd.) A. Service Description, (Cont'd.) 9. OC-48 Service OC-48 Service is a high capacity channel for the full duplex, synchronous, optical transmission of digital data based on the Synchronous Optical Network (SONET) standard at a rate of 2.488 Gbps. OC-48 Service may be configured with up to 4 OC-12’s, up to 16 OC-3’s, up to 48 STS-1’s, or up to 48 asynchronous DS3 payload mapping. DS1 payload mapping can be accommodated via a subtended OC-3 add-drop multiplexer. 10. OC-48c Service OC-48c Service is a concatenated, high capacity, clear channel for synchronous, optical transmission of digital data based on the SONET standard rate of 2.488 Gbps. B. Rates and Charges Services rates consist of a monthly recurring charge and non-recurring connection charge. Fixed monthly recurring charge is the monthly rate for providing communications between originating and terminating locations. Mileage Charge is the associated monthly rate for providing the communications path between originating and terminating locations. Mileage Charge is applied to services between 3 to 19.9 miles in length. Mileage charge for distances greater than 20 miles will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 61 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.1 Dedicated Capacity Services, (Cont'd.) B. Rates and Charges 1. Monthly Recurring Charges Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 62 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.1 Dedicated Capacity Services, (Cont'd.) B. Rates and Charges, (Cont’d.) 1. Monthly Recurring Charges, (Cont’d.) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 63 Cancels Original Page 63 Issue Date: February 12, 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D. 3.1 Transport Service Offerings, (Cont'd. 1.1 Dedicated Capacity Services, (Cont' Rates and Charges, (Cont' Nonrecurring Connection Charge Service Description DS- Service Term Nonrecurring: Charge 12 Months ICB 24 Months ICB 36 Months ICB 60 Months ICB 12 Months $250 24 Months $250 36 Months $250 60 Months $250 12 Months $400 24 Months $400 36 Months $400 60 Months $400 12 Months 500 24 Months 500 36 Months 500 60 Months 500 12 Months 000 24 Months 000 36 Months 000 60 Months 000 12 Months ICB 24 Months ICB 36 Months ICB 60 Months ICB DS- DS- OC-3 / OC- OC-12 / OC-12c OC-48 / OC-48c (T) (I);. (I) (I)k (I) "H", IJJ,;';iic Utilities Commission ; . :0 Gf the Secretary *Rate Changes only impact new contracts as of the effective date above. AVV;...i.)TED FOR FILING F E B 2 2 2009 Boise, Idaho Advice Letter 09- IDplO901 IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 64 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.2 Wavelength Services A. Service Description Wavelength Services are a wavelength division multiplexing (WDM) fiber optic communications system. The system provides arbitrary connections between nodes through the use of wavelength specific communication channels in 2.5G (2.488 Gbps) and 10G (9.952 Gbps) “Lambdas.” 1. 2.5G Service 2.5G Service is a clear channel, bi-directional, synchronous, point-to-point optical services with a line rate of 2.488 Gbps. The service is non- multiplexed, non-channelized, and excludes termination bandwidth. Each circuit constitutes an entire wavelength channel of multi-channel WDM system. Standard wavelengths are offered as a 2-fiber interface. 2. 10G Service 10G Service is a clear channel, bi-directional, synchronous, point-to-point optical services with a line rate of 9.952 Gbps. The service is non- multiplexed, non-channelized, and excludes termination bandwidth. Each circuit constitutes an entire wavelength channel of multi-channel WDM system. Standard wavelengths are offered as a 2-fiber interface. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 65 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.2 Wavelength Services, (Cont'd.) B. Rates and Charges Service rates consist of a monthly recurring charge and non-recurring connection charge. The fixed monthly recurring charge is the monthly rate for providing communications between originating and terminating locations. The mileage band charge is the monthly rate for providing the communications path between originating and terminating locations for each mile in length. Mileage charges for distances 15 miles or greater will be determined on an individual case basis. 1. Monthly Recurring Charges Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 66 Cancels Original Page 66 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D. 3.1 Transport Service Offerings, (Cont'd. 1.2 Wavelength Services, (Cont' Rates and Charges, (Cont'd. Nonrecurring Charges Service Description Service Term Nonrecurring Charge 5G Wavelength 12 Months 000 24 Months 000 36 Months 000 60 Months 000 lOG Wavelength 12 Months 000 24 Months 000 36 Months 000 60 Months 000 (1)* (I) *Rate Changes only impact new contracts as of the effective date above. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING FEB 2 22009 Boise. Idaho Advice Letter 09- -. ,, ., ... . w IDplO901 IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 67 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.3 Private Ring Service A. Service Description Private Ring Service is a custom designed, high-capacity service that delivers dedicated capacity between multiple locations over a private reserved path for the Customer's exclusive use. Private Ring Service Customers can also connect the Company's Dedicated Capacity / Wavelength Services to the Customer’s private ring. B. Rates and Charges Rates and Charges for Private Ring Service will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 68 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.1 Transport Service Offerings, (Cont'd.) 3.1.4 Supplemental Services The Company may provide certain supplemental services on an individual case basis. A. Multiplexing / De-multiplexing. This service combines lower-level signals onto a higher bandwidth interface or separates higher-level signals onto a lower bandwidth interface. B. Dedicated Entrance Facility. This service provides dedicated capacity to a single Customer on the Company's shared infrastructure. Additional services can be multiplexed or de-multiplexed from the dedicated entrance facility. The dedicated entrance facility is a flexible and customizable service allowing varying bandwidths interfaces to be connected to it. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 69 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.2 High Speed Digital Access and High Capacity Private Line 3.2.1 Elite Native Local Area Network Service (Elite NLAN) A. Service Description Elite NLAN Service offers full mesh multipoint connectivity via native IEEE Standard Ethernet interfaces. Service may be provisioned in a Point-to-Point, MultiPoint, or Point-toMultiPoint configuration. B. Rates and Charges Rates and charges for Elite NLAN Service will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 70 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.2 High Speed Digital Access and High Capacity Private Line, (Cont'd.) 3.2.2 Customer Direct Native Local Area Network Service ("Customer Direct NLAN") A. Service Description Customer Direct NLAN is a point-to-point unprotected room and 1000 M Ethernet Service. The fiber between the two Customer locations is dedicated to the individual Customer. Troubleshooting and monitoring is accomplished by a Company technician visit. B. Rates and Charges Rates and charges for Customer Direct NLAN service will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 71 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.2 High Speed Digital Access and High Capacity Private Line, (Cont'd.) 3.2.3 Enterprise Switched Native Local Areas Network (Enterprise SNLAN) Service A. Service Description Enterprise SNLAN Service is a switched Ethernet service that allows the Customer to access a shared network infrastructure to connect multiple Customer locations in a mesh configuration through standard IEEE 10M, 100M or 1000M Ethernet ports. Multiple Customers traverse the shared physical network infrastructure with traffic from each Customer differentiated from that or another Customer through unique, secure logical connections. Enterprise SNLAN Service is designed to accommodate both Untagged Customer Ethernet traffic as well as Tagged Customer Ethernet traffic across the Company's network. Customers may select Individual Tag Service (ITS) option for Unlimited Tag Service (UTS) option. With ITS, the Customer pays per Tag for each of the Tags they wish to transport across the network. Specific VLAN Tag numbers are available to Customers on a first come, first serve basis. Full line-rate 1000M Ethernet ports are generally available with the Enterprise SNLAN service. However, depending on the equipment deployed, only 1000M Ethernet ports with a bandwidth limitation of 622 may be available. Customer Tagged Traffic: The Customer has already Tagged or uniquely applied Ethernet VLAN ID's to their Ethernet traffic for purposes pertinent to the Customer internal enterprise network. Therefore, the traffic enters the Company's Enterprise SLNAN network without Tags already attached to the Ethernet frames. This type of traffic is referred to as Untagged Customer traffic. B. Rates and Charges Rates and Charges for Enterprise SNLAN Service will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 72 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.2 High Speed Digital Access and High Capacity Private Line, (Cont'd.) 3.2.4 Extended NLAN (E-NLAN) Service A. Service Description Extended NLAN service is an Ethernet service that provides a managed end-to-end solution. Extended NLAN is offered over the Company's IP Backbone, encapsulating the Customer traffic using layer 2 tunnels as a best effort service. To transport Ethernet frames across the IP Backbone an Ethernet connection will be made between the NLAN Central Office Ethernet switch and an aggregation router on the Internet infrastructure. This IP ingress point is responsible for its LAN protocols traversing the Long-Haul NLAN network. There are two levels of ENLAN service for PTP: Enhanced and Basic. Both of these services are offered in a redundant manner. The redundant offering would mean that an IP Backbone outage would result in packets being rerouted over an alternate path. The enhanced service offering means that capacity for both paths must be reserved for all Customers and a higher Class of Service will be implemented for these Customers. The basic service offering means that the Customer will receive a lower class of service if their traffic needs to be re-routed. Customer must purchase separately Metro NLAN for each end of the Extended NLAN service. B. Rates and Charges Rates and charges for E-NLAN Service will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 73 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D.) 3.3 ESCON Storage Transport 3.3.1 Service Description ESCON Storage Transport Product is a point-to-point circuit that connects an IBM mainframe at the Customer's location to an off-site storage provider using standard ESCON protocol. Specifically designed for Business Continuity/Disaster Recovery, this service provides the Customer with the ability to back up mission-critical data in real time on a transaction-by- transaction basis. 3.3.2 Rates and Charges Rates and charges for EXCON Storage Transport will be determined on an individual case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho tw teleeom of idaho lie Issue Date: February 12 2009 3.4 VPN Service 3.4.Description IdlinG Public Utilities Commission OHii)Ej 0\ the Secretary ACCEPTEr) FOR FILING FEB 2 22009 Idaho PUC Tariff No. 7 1 st Revised Page 74 Cancels Original Page 74 Beise. IdahG Effective Date: February 22, 2009 SECTION 3 - SERVICE~~~f~!I?~~, (CONT'D. The Company s VPN Service provides an isolated, segmented virtual tunnel between two or more points on the Company s network. This is a routed connection and requires that the two end points are capable of Network Layer decisions and are on different subnets. There are two pricing components to the service: Access (bandwidth) and Transport (port). 3.4.2 Rates and Charges VPN Service pricing is based on the access type and bandwidth of each location, as well as the term service commitment entered into by the Customer. The pricing below applies to on- net circuits. For services provisioned Off Net, additional charges will apply. Per Mbps 1.5 Circuit Tl-1.5M 2 x Tl- 3 x Tl- 4 x Tl- T -1 VPN Service l VPN Access 5 Years $470.00(1)* 5 Years $ 68.00(1)* $136.00(1)* $204.00(1)* $272.00(1)* (D) - Move, change and restore charges are now addressed in Section 2, 1st Revised Page 57 and Original Page 57. (M)1 - Certain material now found on this page was previously located on Original Page 74 - 3A.1.A.l and 3A.1.A.2 and Original Page 75 - Section 3A.A.3 and 3A.AA are refonnatted into one table, current nonrecurring charge decreased for all but change charge. (M)2- Certain material now found on this page was previously located on Original Page 78 - Sections 3A.A.l and 3A.2.A.2, and Original Page 79 - Sections 3A.2.A.3 and 3A.2.AA. Nonrecurring Charge $500.00(1)* l VPN Access Monthly Recurring Charge2 Years 3 Years $528.00(R)* $499.00(R)* 1 Year $587.00(R)* 2. T-l VPN Transport (On-Net) On-Net T-l VPN Transport Monthly Recurring Charges2 Years 3 Years $ 77.00(1)* $ 72.00(1)* $154.00(1)* $144.00(1)* $231.00(1)* $216.00(1)* $308.00(1)* $288.00(1)* Nonrecurring Charge $0. $0. $0. $0. 1 Year $85. $170. $255. $340. *Rate Changes only impact new contracts as of the effective date above. Advice Letter 09- IDplO901 (T) (T) M) (D) (D) tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 75 Cancels Original Page 75 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D. 3.4 VPN Service, (Cont' 3.4.Rates and Charges, (Cont'd. DS-3 VPN Service DS-3 VPN Access DS-3 VPN Access Nonrecurring Monthly Recurring Charge Mbps Charge 1 Year 2 Years 3 Years 5 Years $750.00(R)$890.00(R)$801.00(R)$757.$712.00(1) $750.00(R)045.00(R)$941.00(R)$888.00(1)$836.00(1) $750.00(R)195.00(R)076.00(R)016.00(R)$956.00(1) $750.00(R)385.00(R)247.00(R)177.00(R)$1,l08.00(R) $750.00(R)590.00(R)431.00(R)352.00(R)272.00(1) $750.00(R)800.00(R)620.00(R)530.00(R)440.00(R) $750.00(R)005.00(R)805.00(R)704.00(R)604.00(R) $750.00(R)210.00(R)989.00(R)879.00(R)$1,768.00(R) $750.00(R)420.00(R)178.00(R)057.00(R)936.00(R) $750.00(R)625.00(R)363.00(R)231.1O0.00(R) $750.00(R)830.00(R)547.00(R)$2,406.00(R)264.00(R) $750.00(R)040.00(R)736.00(R)584.00(R)432.00(R) $750.00(R)245.00(R)921.00(R)758.00(R)596.00(R) $750.00(R)450.00(R)105.00(R)933.00(R)760.00(R) $750.00(R)659.00(R)293.00(R)110.927.00(R) DS-3 VPN Transport (On-Net) Circuit DS- On-Net DS-3 VPN Transport Nonrecurring Monthly Recurring ChargeCharge 1 Year 2 Years 3 Years 5 Years $0.00 $325.00(R) $293.00(R) $276.00(R) $260.00(R) (M)l - Certain material now found on this page was previously located on Original Page 76 - Section 3.4.1. (Mi - Certain material now found on this page was previously located on Original Page 80 - Section 3.4. (M) - Certain material previously found on this page is now located on 1 st Revised Page 74 - Section 3.4. *Rate Changes only impact new contracts as of the effective date above.Idaho Public Utilities Commission Office at the Secretary ACCEPTED FOR FiLlN( FEB 2 22009 Advice Letter 09- IDplO901 Boise, Idaho - -, tw teleeom of idaho lie Issue Date: February 12 2009 Idaho PUC Tariff No. 7 1 st Revised Page 76 Cancels Original Page 76 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT' 3.4 VPN Service, (Cont' 3.4.Rates and Charges, (Cont' OC-3 VPN Service OC-3 VPN Access Nonrecurring Mbps Charge 35 $1 500.00(R) 45 $1 500.00(R) 55 $1 500.00(R) 65 $1 500.00(R) 75 $1 500.00(R) 85 $1 500.00(R) 95 $1 500.00(R) 105 $1 500.00(R) 115 $1 500.00(R) 125 $1 500.00(R) 135 $1 500.00(R) 145 $1 500.00(R) 155 $1 500.00(R) 1 Year 970.00(R) 659.00(R) 095.00(R) 530.00(R) 970.00(R) 405.00(R) 840.00(R) 270.00(R) 695.00(R) 120.00(R) 545.00(R) 965.00(R) 385.00(R) OC-3 VPN Access Monthly Recurring Charge2 Years 3 Years 673.00(R) $2 525.00(1) 293.00(R) $3 110. 686.00(R) $3 481.00(R) 077.00(R) $3 851.00(R) 473.00(R) $4 225.00(R) 865.00(R) $4 594.00(R) 256.00(R) $4 964.00(R) 643.00(R) $5 330.00(R) 026.00(R) $5 691.00(R) 408.00(R) $6 052.00(R) 791.00(R) $6 413.00(R) 169.00(R) $6 770.00(R) 547.00(R) $7,127.00(R) OC-3 VPN Transport (On-Net) 5 Years 376.00(R) 927.00(R) 276.00(R) 624.00(R) 976.00(R) 324.00(R) 672.00(R) 016.00(R) 356.00(R) 696.00(R) 036.00(R) 372.00(R) 708.00(R) On-Net OC-3 Transport Nonrecurring Monthly Recurring ChargeCharge 1 Year 2 Years 3 Years 5 Years $0.00 $915.00(R) $824.00(R) $778.00(R) $732.00(R) Circuit OC- (M)- Certain material now found on this page was previously located on Original Page 77 - Section 3.4. (M)2 - Certain material now found on this page was previously located on Original Page 80 - Section 3.4.2. (M) - Certain material previously found on this page is now located on 1 st Revised Page 75 - Section 3.4.2.B.l. *Rate Changes only impact new contracts as of the effective date above. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING FEB 2 22009 Boise, Idaho Advice Letter 09- IDplO901 Idaho Public UtilitiGs Commission Office ef the Secretary tw teleeom of idaho lie ACCEPTED FOR FILING Idaho PUC Tariff No. 7 FEB 2 22009 1 st Revised Page 77 Cancels Original Page 77 Issue Date: February 12, 2009 Boise. Idaho Effective Date: February 22, 2009 SECTION-3-:'SERVICE DESCRIPTIONS, (CONT'D. 3.4 VPN Service, (Cont'(N) 3.4.2 Rates and Charges, (Cont' VPN Ethernet I (M) VPN Ethernet Access VPN Ethernet Access Nonrecurring Monthly Recurring Charge Mbps Char 1 Year 2 Years 3 Years 5 Years $750.$625.$563.$531.00 $500. $750.$940.$846.$799.$752. $750.045.$941.00 $888.$836. $750.145.031.00 $973.$916. $750.247.122.060.$998. $750.590.431.00 352.272. $750.935.742.645.548. $750.280.052.938.824. $750.625.363.231.100. $750.970.673.525.376. $750.315.984.818.652. $750.659.293.110.927. $750.875.488.294.100.I (M) $750.095.686.481.276. $750.315.884.668.$3,452. $750.530.077.851.00 624. $750.750.275.038.800. $750.970.473.225.976. $750.185.667.407.148. $750.405.865.594.324. $750.620.058.777.496. $750.840.256.964.672. 100 $750.058.452.149.846. 125 000.120.$6,408.052.696. 150 000.179.361.00 952.543. 175 000.215.294.833.372. 200 000.$10 250.225.713.200. 225 000.$11 280.$10 152.588.024. 250 000.$12 315.$11 084.$10 468.852.(N) (M) - Certain material previously found on this page is now located on 1 st Revised Page 76, Section 3.4.2. Advice Letter 09- IDplO901 tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 78 Cancels Original Page 78 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT'D. 3.4 VPN Service, (Cont'(N) 3.4.Rates and Charges, (Cont' VPN Ethernet, (Cont'd.(M) VPN Ethernet Access, (Cont'd. VPN Ethernet Access Nonrecurring Monthly Recurring Charge Mbps Char 1 Year 2 Years 3 Years 5 Years 300 000.$14 385.$12 947.$12 227.$11 508. 350 000.$16 455.$14 810.$13 987.$13 164. 400 000.$18 525.$16 673.$15 746.$14 820. 450 000.$20 590.$18 531.00 $17 502.$16 472. 500 000.$22 660.$20 394.$19 261.00 $18 128. 550 000.$24 030.$21 627.$20 426.$19 224. 600 000.$25 400.$22 860.$21 590.$20 320. 650 000.$26 770.$24 093.$22 755.$21,416. 700 000.$28 135.$25 322.$23 915.$22 508. 750 000.$29 505.$26 555.$25 079.$23 604. 800 000.$30 875.$27 788.$26 244.$24 700. 850 000.$32 245.$29 021.00 $27 408.$25 796. 900 000.$33 615.$30 254.$28 573.$26 892. 950 000.$34 985.$31 487.$29 737.$27 988. 000 000.$36 353.$32 718.$30 900.$29 082.(M) VPN Ethernet Port VPN Ethernet Port Port Nonrecurring Monthly Recurring Charge Mbps Char 1 Year 2 Years 3 Years 5 Years $0.$325.$293.$276.$260. 100 $0.$325.$293.$276.$260. 1000 $0.$700.$630.$595.$560.(N) (M) - Certain material previously found on this page is now located on 1 st Revised Page 74 - Section 3.4. Idaho Public Utilities Commission Office 9t the Secretary ACCEPTED FOR FILING FEB 2 22009 Boise, Idaho Advice Letter 09- "'- -_u-O . _.. -- IDplO901 tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 79 Cancels Original Page 79 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS, (CONT' (Reserved for Future Use) (M) - Certain material previously found on this page is now located on 1 st Revised Page 74- Section 3.4. (M) (M) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING FE B 2 2 2009 Boise, Idaho Advice Letter 09- IDplO901 , --,-, , - ,--- -- tw teleeom of idaho lie Idaho PUC Tariff No. 7 1 st Revised Page 80 Cancels Original Page 80 Issue Date: February 12 2009 Effective Date: February 22, 2009 SECTION 3 - SERVICE DESCRIPTIONS (CONT'D. (Reserved for Future Use) (M) - Certain material previously found on this page is now located on 1st Revised Page 75 - Section 3.4.2. and 1 st Revised Page 76 - Section 3.4. Idaho Public Utilities Commission Office 6f the Secretary ACCEPTED FOR FlUNG F E B 2 2 2009 Boise. Idaho Advice Letter 09- IDpl090 I (M) (M) ....- ::..., IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 81 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 4 - SPECIAL CONSTRUCTION 4.1 Special Construction Services 4.1.1 Subject to the arrangement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken by the Company on a reasonable effort basis at the request of the Customer. 4.1.2 Special construction is that construction which is undertaken under one or more of the following circumstances: A. where facilities are not presently available and there is no other requirement for the facilities so constructed; B. where the facilities so constructed are of a type other than that which the Company would normally utilize in the furnishing of its services; C. where the facilities so constructed are over a route other than that which the Company would normally utilize in the furnishing of its services; D. where the quantity of facilities requested by the Customer is greater than that which the Company would normally construct; E. where the Customer requests that the facilities be constructed on an expedited basis or in advance of when the facilities would otherwise be constructed; F. where the facilities are provided on a temporary basis pending the availability of permanent facilities; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 82 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 4 - SPECIAL CONSTRUCTION SERVICES, (CONT'D.) 4.1 Special Construction Services, (Cont'd.) 4.1.2 (Cont’d.) G. where the construction requested involves abnormal costs; and H. where construction of facilities is done in advance of the Company's normal construction schedule. 4.1.3 Construction Charges Special construction charges will be determined on an individual case basis. Individual contract basis arrangements will be provided to customers in accordance with contracts on file with and approved by the Idaho Public Utilities Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 83 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 4 - SPECIAL CONSTRUCTION SERVICES, (CONT'D.) 4.2 Individual Case Basis Arrangements 4.2.1 The Company may, in response to competitive request for proposal or for non-standard services, develop a responsive individual contract billing arrangement for services offered in this tariff. 4.2.2 Prices quoted in response to such requests may be different from those in effect in this tariff but will be set at a level that is at least equal to the relevant incremental costs for the requested service. Such price will also be available for similarly situated Customers. Appropriate cost support will be submitted to the Idaho Public Utilities Commission if required. 4.2.3 An individual contract billing arrangement price quote will be offered to the Customer for acceptance in writing. Such individual contract billing arrangements will specify, among other things, the length of service, minimum volume of service required, and the rates and charges for the proposed service. 4.2.4 Individual contract basis arrangements will be provided to customers in accordance with contracts on file with and approved by the Idaho Public Utilities Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho IDpl0804 tw telecom of idaho llc Idaho PUC Tariff No. 7 Original Page 84 Issue Date: May 15, 2008 Effective Date: May 25, 2008 SECTION 5 – PROMOTIONS 5.1 Promotional Offerings The Company may from time to time engage in special promotional trial service offerings of limited duration (not to exceed ninety (90) days for non-optional, recurring charges), designed to attract new Customers or to increase existing Customer awareness of a particular tariff offering. Requests for specific limited duration promotional offerings will be presented to the Idaho Public Utilities Commission prior to implementation. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING May 25, 2008 Boise, Idaho