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HomeMy WebLinkAbout20160601Name Change & Tariffs.pdfr:ffi Ms, Jean Jewell, Commission Secretary Idaho Public Utilities Commission 472West Washington Boise, D 83702 RE: tw telecom of idaho llc Notification of Name Change and Access Services Replacement Tariff Dear Ms. Jewell: Enclosed please find the original of this filing. tw tclecom of idaho llc hereby notifies the Commission that it has changed its name to Level 3 Telecom of Idaho, LLC. The Company respectfully requests that the Commission issue an updated certificate, if applicable, to reflect the Company's name as "Level 3 Telecom of Idaho, LLC." The Company is authorized to provide telecommunications services in Idaho pursuant to case No. TWT-00-1, CPCN No. 377 dated December 5, 2000. The Company provides service to business customers only. The Company has changed its name to better align with their parent company, Level 3 Communications, LLC, under a unified brand and it will not aflect any services or rates provided to customers of the Company. The following statement appeared on the invoices of all tw telecom customers in the March bill cycle: "Effective February 1,2016, tw telecom holdings, Ilc and its subsidiaries have changed their name to Level 3 Telecom." A copy of the Cornpany's name change filing with the Idaho Secretary of State is attached hereto as Exhibit A. The access replacement tariff, Idaho Access Tariff PUC No, 9, is attached hereto as Exhibit B. The Company's detariffed local price list, Idaho Price List No. 2, will be posted on the Company's website at http://www.tariffs.net/twtelecom2/states,asp. As mentioned, this name change does not affect the rates, terms or conditions of services cunently provided to the Company's customers in Idaho; accordingly no changes have been made to the tariff s rates, terms or conditions of service. No changes have been made to the tariff except to reflect the Company's new name, delete blank pages and renumber in sequence the tariff page numbers and section numbers and update the headers and footers. Any questions you may have regarding this filing should be directed to my attention at 407-740-3002 or via email to cwighnnan@tminc.com. Thank you for your assistance in this matter. Sincerely, /s/ Connie Wightman Connie Wightman Consultant Tammy Chatfield, Level3 tw telecom - Idaho - Access IDal60l Enclosures CWbc i:i.:i: rl Ii iVED ::i; -'-:1 - I Ai'i 9' C3 .,ar rA , ;-r-,.,,*i,f"i iri i SS ION TWTT- OO-O I May27,2016 Via Email cc: file: tms: 2600 Maitland Center Parkway, Suite 300 - Maitland, FL 32751 P.O. Drawer 200 - Winter Parlq FL 32790-0200 - Telephone: (407) 740-8575 - Facsimile: (407) 740-0613 www.tminc.com )o State,of ldaho ( t Dated:March 2,2016 ,d SECRETARY,OF STATF \/ AMENDMENT OF FOREIGN REG ISTRATION STATEM ENT Titls 30, Chapter 21, ldaho Code Filing fee: $30 typed, $50 not typed Complete and submitths appllcatlon ln $&llCglS. lw tslccom of idaho llc tfllr ttAB -2 Pl{ a 08 su'Ef,fl$B}?$,fiH' 1. Enlity name: 2. The entity name is amended Levcl 3 Tclcconr of ldnlro, LLC a. lf the new name is not available or permlssible ln ldaho, the name to be used in ldaho ls: 3. The entity type is amended to: E Business Corporation E Nonprofit Corporation E Limiled Liabitity Partnership E Llmiled Liabillty Company E General Partnership E General Cooperative Association ElLimited Padnershlp (lncluding a limlted liability timited partnership El Statutory Trust, Business Trusl, or Common-law Buslness Trust E Olher:(P(ovide uolisled loreign entily lype here) 4. The entity's jurisdiction is amended to: 5,, The street and malling address(es) of lts princlpal oflice ls amended to: (Sl,asl Addressl (Mailirrg Address. it dillerGril) 6, The name, capacity, and mailing address of the govemor(s) ls amended to: (Nanre) Signature: (Capacity){Addre3s, Capacity: co 3f{,do oboobou, IDIHO EECBETtr.P.Y OF BT}.TEs3lszlz816 o5: tlo trE:FBEPATD trT : 278655 BH: 15164061g 30-00 = 30.00 AIdD EBB BE #21g 20-00 = 20.00 EXFEDITE tr #3 nre.06120l S [)0:r. 9ru0tt wol$ xhw otrlia ryped Name: J:1'Ylty* Lr t)€?/ Delaware The First State I, ,TeEEREY W. BULLOCK, SEffiETARr OF STATE OF TtU STATE OF DELA'TARE, N HEREBY CERTI,W THE ATTACHED TS A TRT,E AIID CORRECT COPY Og THE CERTTEI,CATE OE AT,ENDu'ENT Og "W TEWCOT,I OS TDNIO LLC,|, CII,,.;IGrNG rr9 NAI4E EROM ilrn TSWCOM OF tDeXO LLC" rO "wwl 3 TEWCOM O? rDArrO, LLCr I eILED rN THTS OFFTCE ON Trfr ffRSr DAY OF !EBRUeRY, A.D. 2076. AT 77:57 O'CLOCK A.M. Page 1 Authe nti cati o n: 2017 64260 Date: 02-02-15 3284386 8100 sR# 20160496289 You may verifo this certificate online at corp.delaware.gov/authver.shtml Shte of Ddrnen Smretrr.r o[ Strle Dh'lshr of Corpontlons Delh'ered llSl A\{ 02/0tfl016 FILID 11151.ltr'I mffin076 20160{96289 - FileNumber 128{386SR STATE OF DELAWARB CERTIFICATE OF AMENDMENT' Name of Linrited Liability Company; lw (elcconl ol idaho llc 2. The Certificati: of l'lornration ofthe linrited liatiility corr,pany is hereby aniended -as follows: nanrc of the linrited liilbility courplny"is Levcl 3 Telecont.ol ldaho, [,LC. IN WITNIISS WI{IREOF, the undersigned have executed this Certificate on d'is lst day ol' Fcbrrrary A.D.2016 Name; John M. ltyan. fultntrgcl Prin( or "l'vpe l)l-il)8f . l,Yltl,20, C r.Stffi rOdiB Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Title Page Effective Date: May 31,2016 This tariff, Level3 Telecom of Idaho, LLC TariffNo. 9, replaces in its entirety, tw telecom of idaho llc's Tariff PUC No. 8, currently on file with the Idaho Public Utilities Commission. ACCESS SERVICE General Rules and Regulations and Terms and Conditions for Access Service Provided by Level3 Telecom of Idaho, LLC Toll Free Number - l-877-453-8353 This access tariff contains the descriptions, regulations, service standards and rates applicable to the furnishing of telecommunications business services provided by Level 3 Telecom of ldaho, LLC with principal offices at 1025 Eldorado Boulevard, Broomfield, CO 80021. This Tariff applies to services provided within the State of Idaho. This Tariff is on file with the Idaho Public Utilities Commission and copies may be inspected, during normal business hours, at the Company's principal place of business. Advice Letter l6-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: llay 27,2016 Idaho Access Tariff PUC No. 9 Original Page I Effective Date: May 31,2016 CHECK SHEET Pages of this tariff, as indicated below, are effective as of the date shown at the top of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as ofthe date on the top ofthis page. PAGE Title I 2 J 4 5 6 7 8 9 l0 t1 t2 l3 t4 l5 t6 t7 l8 t9 20 2t 22 23 24 25 26 REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original PAGE 27 28 29 30 3l 32 JJ 34 35 36 37 38 39 40 4t 42 43 44 45 46 47 48 49 50 51 52 53 REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original PAGE 54 55 56 57 58 59 60 6l 62 63 {< * ,k * * * rt * * rl. * * * * * * * * rl. * * * * * rl. ,r * REVISION Original {( Original * Original * Original * Original {' Original 'rOriginal {( Original * Original 'I Original 't * - indicates those pages included with this filing Advice Letter 16-01 IDa1601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page2 Effective Date: May 31,2016 TABLE OF CONTENTS CHECK SHEET TABLE OF CONTENTS SUBJECT INDEX EXPLANATION OF SYMBOLS TARIFF FORMAT SECTION 1 - ABBREVIATIONS AND DEFINITIONS SECTION 2 - TERMS AND CONDITIONS SECTION 3 - SWITCHED ACCESS SERVICE SECTION 4 - RATES AND CHARGES SECTION 5 - CUSTOMER SPECIFIC CONTRACTS SECTION 6 . TELECOMMUNICATIONS SERVICES PRIORITY Page I 2 J 4 5 6 l5 40 53 58 59 Advice Letter 16-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 3 Effective Date: May 31,2016 SUBJECT INDEX Assigrment or Transfer of Service Billing and Payments Cancellation of Application for Service Claims and Disputes Customer-Specifi c Contracts Discontinuance and Restoration of Service Interconnection Inspection, Testing and Adjustment Jurisdictional Reporting and Identification of Toll VoIP-PSTN Traffic Liability of the Company Liability of the Customer Limitation on Service Minimum Period Obligations of the Customer Operator Pass-through Service Payment of Deposits Rate Categories Taxes and Surcharges Term Agreements Undertaking of the Company Use of Service Page t6 22 2t 25 58 19 27 27 32 28 29 l5 2t 38 52 26 47 3l 2t l5 t6 Advice Letter 16-01 IDa160l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 4 Issue Date: May 27,2016 Effective Date: May 31, 2016 EXPLANATION OF SYMBOLS The following symbols shall be used in this tarifffor the purpose indicated below: (C) to signify changed condition or regulation. (D) to signify discontinued rate, regulation or condition. (I) to signify increase. (M) to signify that material has been transferred from another sheet or place in the tariff. (N) to signiff new rate, regulation, condition or sheet. (R) to signify reduction. (T) to signify a change in text for clarification. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 5 Effective Date: May 31,2016 TARIFF FORMAT Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially, however, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between Pages 14 and 1 5 would be I 4. 1 . Page Revision Numbers - Revision numbers also appear in the upper right comer of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 4m Revised Page 14 cancels the 3d Revised Page 14. Because of various suspension periods, deferrals, etc. that the Commission follows in their tariff approval process, the most current page number on file with the Commission is not always the tariff page in effect. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.1 2.1.1 2.t.t.A 2.1.1.A.1 2.1.1.A.1.(a) 2.1.1.A.1.(a).I 2.1.1.A.1.(a).I.(i) 2. l. l.A. l.(a).1.(i).( I ) Check Sheets - When a tariff filing is made with the Commission, an updated check sheet accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc., remains the same, j ust revised revision levels on some pages). The tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the Commission. D. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 6 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS Access Minutes - Denotes usage of exchange facilities in intrastate service for the purpose of calculating chargeable minutes of use. Access Service or Switched Access Service - Access to the switched network of an Exchange Carrier for the purposes of originating or terminating communications. Access Service is available to carriers as defined herein. Access Service Request (ASR) - The Industry service order format used by Access Service Customer and access providers as agreed to by the ATIS/Ordering and Billing Forum. Access Tandem - An Exchange Carrier's switching system that provides a traffic concentration and distribution function for originating or terminating traffic between local switching centers and a Customer's premises. Account - The Customer who has agreed, verbally or by signature, to honor the terms of service established by the Company. An account may have more than one access code and/or operating company number (OCN) and/or carrier identification code (CIC) billed to the same Customer address. Answer supervision - The transmission of the switch trunk equipment supervisory signal (off-hook or on- hook) to the customer's point of termination as an indication that the called party has answered or disconnected. Authorized User - A person, firm, corporation or other entity that either is authorized by the Customer to use Access Services or is placed in a position by the Customeq either through acts or omissions, to use Access Services. Call - A Customer attempt for which the complete address code is provided to the called end office. Carrier or Common Canier - Provider of telecommunications services for hire. See also Interexchange Carrier or Exchange Carrier. Carrier Access Code - A uniform seven (7) digit code assigned to an individual carrier. The seven (7) digit code has the form 950-xxxx or 10l-xxxx. Advice Letter l6-01 IDal601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 7 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT'D.) Central Office - A local company switching system where the station loops are terminated for purposes of interconnection to each other and to trunks. Channel(s) - An electrical or, in the case of fiber optic-based transmission systems, a photonic communications path between two or more points oftermination. Commercial Mobile Radio Service (CMRS) - A wireless provider oftelecommunications services. Common Channel Signaling (CCS) - A high speed packet switched communications network which is separate (out of band) from the public packet switched and message networks. It is used to carry addressed signaling messages for individual trunk circuits and/or database related services between signaling points in the CCS network. Communications System - Denotes channels and other facilities which are capable of communications between terminal equipment provided by an entity other than the Company. Collocation - Carrier facilities and/or equipment located in the local exchange carrier's central offrces. Commission - The Idaho Public Utilities Commission. Company - Level 3 Telecom of ldaho, LLC, the issuer of this tariff. Constructive Order - Delivery of calls to or acceptance of calls from the Company's end user locations over Company-switched local exchange services constitutes a Constructive Order by the Customer to purchase switched access services as described herein. Similarly the selection by a Company's end user of the Customer as the presubscribed IXC constitutes a Constructive Order of switched access by the Customer. Conventional Signaling - The inter-machine signaling system has been traditionally used in North America for the purpose of transmitting the called number's address digits from the originating Local Switching Center which terminates the call. In this system, all of the dialed digis are received by the originating switching machine, a path is selected, and the sequence of supervisory signals and out pulsed digits is initiated. No overlap out pulsing ten digit ANI, ANI information digits, or acknowledgment link are included in this signaling sequence. Advice Letter 16-01 IDal601 Level3 Telecom of ldaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 8 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT',D.) Customer - The person, firm, corporation or other entity which orders the Company's service or receives the Company's service, including but not limited to an Interexchange Carrier, End User, other telecommunications carrier, or provider originating or terminating Toll VoIP-PSTN traffic. Customer Agreement - The mutual agreement between the Company and the Customer for the provision of the Company's service. Customer-Designated Premises - The premises specified by the Customer for the origination or termination of Access Services. Customer Point of Presence (POP) - The physical location associated with the Customer's communication system. Digital Cross Connect System (DCS) - A digital system within a communications network with centralized switching and cross connection. Digital Signal level 0 (DS0) - A dedicated, full duplex digital channel with line speeds of 2.4, 4.8,9.6, 19.2,56 or 64 Kbps. Digital Signal level I (DSl) - A dedicated, high capacity, full duplex channel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with 8 Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF) formats. DSI Service has the equivalent capacity of 24 Voice Grade or DSO services. Digital Signal Level 3 (DS3) - A dedicated, high capacity, full duplex channel with a line speed of 44.736 Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS). Equivalent capacity of 28 DSI Services. Dedicated Access or Dedicated Transport - A method for a Customer to directly connect two locations of their choice with dedicated (non-switched) services. Duplex Service - Service which provides for simultaneous transmission in both directions. End User - Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to or uses intrastate service provided by a Carrier. Entry Switch - The first point of switching. Advice Letter 16-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 ldaho Access Tariff PUC No. 9 Original Page 9 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT',D.) Exchange - A group of lines in a unit generally smaller than a LATA established by the Company for the administration of communications services in a specified area. An Exchange may consist of one or more central offices together with the associated facilities used in fumishing communications services within that afea. Exchange Carrier - Any individual, partnership, association, joint-stock company, trust, govemmental entity or corporation engaged in the provision oflocal exchange telephone service. Facilities - Denotes any cable, poles, conduit, carrier equipment, wire center distribution frames, central office switching equipment, etc., utilized to provide the services offered under this tariff. FCC - Federal Communications Commission. Feature Group D - Access service which provides trunk side access to Company switches through the use of end office or access tandem switch trunk equipment. Feature Group D service may be arranged for I0XXXX dialing or equal access without using a dial code. Fiber Optic Cable - A thin filament of glass with a protective outer coating ttrough which a light beam carrying communications signals may be transmitted by means of multiple intemal reflections to a receiver, which translates the message. Firm Order Confirmation (FOC) - Acknowledgment by the Company of receipt of an Access Service Request from the Customer and commitment by the Company of a Service Date. Holidays - New Year's Day, MemorialDay,Independence Day, Labor Day, ThanlsgivingDay, Christmas Day. Hub - The Company office where Customer facilities are terminated for purposes of interconnection to Trunks and./or cross-connection to distant ends. Interconnected Wholesale Provider - A company which sells, installs and maintains telephone systems for end users that interconnects its network to other Telecommunication carriers networks for the delivery of telecommunication services. Individual Case Basis - A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances ofthe Customer's situation. Interexchange Carrier (IXC) or Interexchange Common Carrier - Any individual, partnership, association, joint-stock company, trust, govemmental entity or corporation engaged in state or foreign communication for hire by wire or radio, between two or more exchanges. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 10 Effective Date: May 31,2016 SECTION 1 - ABBREVIATIONS AND DEFINITIONS, (CONT'D.) InterMTA (Major Trading Area) - For purposes of this tarifl InterMTA refers to telecommunications traffrc exchanged between a LEC and a CMRS, PCS or Wireless provider that originates and terminates in different Major Trading Areas as used by the FCC to define coverage for certain services. Internet Protocol (lP) - The method by which data is sent from one computer to another on the Internet. Intemet Protocol (IP) Signaling - A packet data-oriented protocol used for communicating call signaling information. Interstate - For purposes of this tariff, the term Interstate applies to the regulatory jurisdiction of services used for communications between locations located in different states within the United States or between one or more location in the United States and one or more intemational locations. IntraMTA (Major Trading Areas) - For purposes of this tarift IntraMTA refers to telecommunications trafftc exchanged between a LEC and a CMRS, PCS or Wireless provider that originates or terminates within the same Major Trading Area as used by the FCC to define coverage for certain services. Intrastate - For purposes of this tariff, the term Intrastate applies to the regulatory jurisdiction of services for communications between locations within the same state or services which are notjurisdictionally interstate. Joint User - A person, firm or corporation designated by the Customer as a user of access facilities fumished to the Customer by the Company, and to whom a portion of the charges for such facilities are billed under a joint use arrangement. LATA (Local Access and Transport Area) - A geographic area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192 for the provision and administration of communications services. Local Access - The connection between a Customer's premises and a point of presence of the Exchange Carrier. Local Calling Area - A geographical area as defined in the Company's local or general exchange service tariff (s) in which an end user may complete a call without incurring toll usage charges. Local Switching Center - The switching center where telephone exchange service Customer station channels are terminated for purposes ofinterconnection to each other and to interoffice trunks. Advice Letter l6-01 IDa160l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page I I Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT'D.) Message - A message is a Call as defined above. Network - Those telecommunication facilities operated by the Company, and excludes any telecommunication facilities that are operated by other telecommunication providers. Network Services - The Company's telecommunications Access Services. Nonrecurring Charges - The one-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees. OC-12 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of 622.08 Mbps. OC-3 - A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of 155.52 Mbps. Off-Hook - The active condition of switched access or atelephone exchange service line. Off-Net - A Customer is considered to be Off-Net when its point of presence is not served by the same Hub in which the Company's Local Switching Center, which is providing service to the Customer, is located. On-Hook - The idle condition of switched access or a telephone exchange service line. On-Net - A Customer is considered to be On-Net when its point of presence is served by the same Hub in which the Company's Local Switching Center, which is providing service to the Customer, is located. Originating Direction - The use of Switched Access Service for the origination of calls from an end user or Customer premises to an IXC premises or to another Local Exchange Carrier or CMRS provider. Out of Band Signaling - An exchange access signaling feature which allows Customers to exchange call control and signaling information over a communications path which is separate from the message path. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 12 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT',D.) Point of Presence (POP) - Location where the Customer maintains a facility for purposes of interconnecting to the Company's Network. Point of Termination - The point of demarcation within a Customer-designated premises at which the Company's responsibility forthe provision of access service ends. The point of demarcation is the point of interconnection between Company communications facilities and Customer-provided facilities as described in Part 68 ofthe Federal Communications Commission's Rules & Regulations. Premises - The physical space desig:rated by a Customer or Authorized User for the termination of the Company's service. Presubscription - An arrangement whereby an end user may select and designate to the Company an Interexchange Carrier (IXC) or Carriers it wishes to access, without an Access Code, for completing toll calls. The selected IXC is referred to as the end user's Primary Interexchange Carrier (PIC). The end user may select any IXC that orders FGD Access Service at the Local Switching Center that serves the end user. Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration ofthe service. Service Commencement Date - The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer's refusal to accept service which does not conform to standards set forth in the Service Order or this tariff, in which case the Service Commencement Date is the date of the Customer's acceptance of service. The parties may mutually agree on a substitute Service Commencement Date. If the Company does not have an executed Service Order from a Customer, the Service Commencement Date will be the fint date on which the service or facility was used by the Customer. For Tandem Connect Customers, the Service Commencement Date will be the first date on which the service or facility was used by the Customer. Service Order - The written request for Network Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Access Service Request by the Customer in the manner specified in this tariff Advice Letter l6-01 IDa1601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page l3 Issue Date: May 27,2016 Effective Date: May 31, 2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT',D.) Service(s) - The Company's telecommunications Access Services offered on the Company's Network. Serving Wire Center - The wire center from which the Customer-designated premises would normally obtain dial tone from the Company. Shared Facilities - A facility or equipment system or subsystem which can be used simultaneously by several customers. Signaling Point of Interface - The Customer-designated location where the SS7 signaling information is exchanged between the Company and the Customer. Signaling System 7 (SS7) - The Common Channel Out of Band Sigraling protocol developed by the Consultative Committee for Intemational Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSD. Signaling Transfer Point Access - Allows the Customer to access a specialized switch which provides SS7 network access and performs SS7 messaging routing and screening. Special Access - See Dedicated Access. Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 14 Effective Date: May 31,2016 SECTION I - ABBREVIATIONS AND DEFINITIONS, (CONT',D.) Term Agreement - A method of purchasing the Company's services whereby the Customer agrees to purchase service between specific locations for a specified and mutually agreed upon length of time. Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer- designated premises. Terminating Direction - The use of Switched Access Service for the completion of calls from an IXC or Carrier premises to an end user or Customer premises. Time Division Multiplexing (TDM) - A method of transmitting and receiving voice signals over the Public Switched Telephone Network (PSTN). Toll VoIP-PSTN Traffrc - The traffic exchanged in time division multiplexing ("TDM") format that originates and/or terminates in Intemet Protocol ("1P") format. Traffic originates and/or terminates in IP format if it originates from and/or terminates to an end user customer of a service that requires Intemet Protocol compatible Customer premises equipment. Transmission Path - An electrical path capable of transmitting signals within the range of the service offering. A transmission path is comprised of physical or derived facilities consisting of any form or configuration of plant used in the telecommunications industry. Trunk - A communications path connecting two switching systems in a networlg used in the establishment of an end-to-end connection. Trunk Group - A set of trunks which are traffic engineered as a unit for the establishment of connections between switching systems in which all of the communications paths are interchangeable. VoIP Service - Transmission of communication by aid of wire, cable, radio, or other like connection using Voice Over Internet Protocol that is originated or terminated in Internet Protocol (lP) format. VolP Services are those services that require the use of IP compatible Customer premises equipment. Wire Center - A physical location in which one or more central offices, used for the provision of exchange services, are located. Advice Letter 16-01 IDal601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page l5 Effective Date: May 31,2016 2.1 SECTION 2 - TERMS AND CONDITIONS Undertaking of the Company The Company's service is furnished to Customers for intrastate communications. The Company's service is available twenty-four hours per day, seven days per week. The Company arranges for installation, operation, and maintenance of the service provided in this tariff for the Customer in accordance with the terms and conditions set forth herein and in other relevant Company Tariffs. Access Service consists of access to the switched network of an exchange carrier for the purpose of originating or terminating communications. Access Service is available to caniers as defined herein. Limitation on Service 2.2.1 Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff. The Company may decline applications for service to or from a location where the necessary facilities or equipment are not available. The Company may discontinue furnishing service in accordance with this tariff. 2.2.2 The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control (examples of these conditions are more fully set forth elsewhere in this tariff), or when service is used in violation of provisions of this tariff or the law. 2.2.3 The Company reserves the right to discontinue service, limit service, or to impose requirements as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment. 2.2.4 The Company does not undertake to transmit messages, but offers the use of its service when available, and, as more fully set forth elsewhere in this tariff shall not be liable for errors in transmission or for failure to establish connections. 2.2 Advice Letter l6-01 IDa160l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page l6 Effective Date: May 31,2016 2.3 May 27,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Assignment or Transfer of Service All service provided under this tariff is directly or indirectly controlled by the Company, and the Customer may not transfer or assign the use of service without the express prior written consent of the Company. Such transfer or assignment shall only apply where there is no intemrption of the use or location of service. All terms and conditions contained in this document shall apply to all such permitted transferees or assignees, as well as all conditions of service. Use of Service 2.4.1 Service may be used for any lawful purpose by the Customer or by any end user. 2.4.2 The Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, number, process, or code. All right, title and interest to such items remain, at all times, solely with the Company. 2.4.3 Recording of telephone conversations of service provided by the Company under this tariffis prohibited except as authorized by applicable federal, state and local laws. 2.4.4 Any service provided under this tariff may be resold or shared fiointly used) with other persons at the Customer's option. The Customer remains solely responsible for all use of service ordered by it or billed to its account(s) pursuant to this tariff for determining who is authorized to use its service, and for promptly notifying the Company of any unauthorized use. The Customer may advise its customers that a portion of its service is provided by the Company, but the Customer shall not represent that the Company jointly participates with the Customer in the provision of the service. 2.4.5 Except as otherwise provided herein, service is provided and billed on the basis of a minimum period of at least one month, and shall continue to be provided until canceled by the Customer, in writing, on not less than 30 days notice. Unless otherwise specified herein, for the purpose of computing charges in this tariff, a month is considered to have 30 days. 2.4 Advice Letter l6-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: i|lay 27,2016 Idaho Access Tariff PUC No. 9 Original Page 17 Effective Date: May 31,2016 2.4 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Use of Service, (Cont'd.) 2.4.6 The Customer may be required to enter into written Service Orders which shall contain or reference the name of the Customer, a specific description of the service ordered; the rate to be charged, the duration of the services, and the terms and conditions in this tariff. The Customer will also be required to execute any other documents as may be reasonably requested by the Company. 2.4.7 At the expiration of the initial term specified in each Service Order, or in any extension thereof, 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. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the Service Order and this tariff prior to termination, including, but not limited to, any fees for early termination. The rights and obligations which by their nature extend beyond the termination of the term of the Service Order shall survive such termination. 2.4.8 Non-Routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, and/or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but at the Customer's request, extends beyond regular business hours into periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. Advice Letter l6-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 18 2.4 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Use of Service, (Cont'd.) 2.4.9 SpecialConstruction Subject to the agreement of the Company and to the terms contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is construction undertaken and characterized by one or more of the following: A. where facilities are not presently available, and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; over a route other than that which the Company would normally utilize in the furnishing of its services; D. in a quantity greater than that which the Company would normally construct; E. involving abnormal costs; F. on an expedited basis; G. on a temporary basis until permanent facilities are available; or H. in advance of its normal construction. Special construction charges for Access Service will be determined as described in this section. 2.4.10 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its partners, agents, contractors or suppliers. B. C. Advice Letter 16-01 IDal60l Level3 Telecom of Idaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page l9 2.5 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT'D.) Discontinuance and Restoration of Service Service continues to be provided until canceled by the Customer, in writing, or until canceled by the Company as set forth below. The Company may render bills subsequent to the termination of service for charges incurred before termination. 2.5.1 Cancellation by the Customer The Customer may have service discontinued upon wriffen notice to the Company. The Company shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the Customer or until the date that the written cancellation notice is received, whichever is later. A termination liability charge applies to early cancellation of a term agreement. 2.5.2 Cancellation by the Company A. For Nonpayment: The Company, by written notice to the Customer and in accordance with applicable law, may discontinue service or cancel an application for service without incurring any liability when there is an unpaid balance for service that is more than 30 days overdue. B. For Retumed Checks: The Customer whose check or draft is retumed unpaid for any reason, after two attempts at collection, shall be subject to discontinuance of service in the same manner as provided for nonpayment of overdue charges. C. The Customer shall be subject to discontinuance of service, without notice, for any violation of any law, rule, regulation or policy of any government authority having jurisdiction over service or of any of the provisions goveming the furnishing ofservice under this tarifl or by reason ofany order or decision ofa court or other government authority having jurisdiction which prohibits the Company from furnishing such service. D. For the Company to comply with any order or request of any governmental authority having jurisdiction, the Customer shall be subject to discontinuance of service, without notice. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page20 Effective Date: May 31,2016 2.5 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Discontinuance and Restoration of Service, (Cont'd.) 2.5.3 Restoration of Service A.Ifservice has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes it continued, service shall, at the Company's discretion, be restored when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected and Customer pays a deposit at Company's discretion. Nonrecurring charges apply to restored services. Restoration of disrupted services shall be in accordance with Federal Communications Commission Rules and Regulations, which specify the priority system for such activities. B. Advice Letter l6-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page2l Effective Date: May 31,2016 2.6 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Cancellation of Application for Service If the Customer cancels its order for service prior to the service due date, a Cancel Order Charge will apply. Charges are reflected in the Rate Section. 2.6.1 In the event the Company incurs fees or expenses, including attomey's fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment ofall such fees and expenses reasonably incurred. 2.6.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begun. Minimum Period The minimum period for which services are provided and for which rates and charges are applicable is one month unless otherwise specified. When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not. Term Agreements The Company may offer Term Agreements wherein the Customer agrees to retain specified Company services for a mutually agreed upon length of time. A Termination Liability charge applies to early termination of a Term Agreement. Upon expiration of a term contract, the service term will renew automatically at the same 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. 2.7 2.8 Advice Letter l6-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page22 Effective Date: May 31,2016 2.9 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Billing and Payments 2.9.1 All bills for service provided to the Customer by the Company are due and payable on the due date printed on the invoice ("Due Date"), which is one day prior to the date of the next monthly invoice and are payable in immediately available funds. A. The Company shall bill on a current basis all charges incurred by and credits due to the Customer. The Customer may receive its bill in l) a paper format,2) on CD-ROM, or 3) via electronic transmission. Such bills are due on the Due Date regardless of the media utilized. The Company shall bill in advance charges for all services to be provided during the ensuing billing period except for charges associated with service usage. Adjustments for the quantities of service established or discontinued in any billing period beyond the minimum period of service will be prorated to the number of days based on a 30-day month. The Company will, upon request and if available, furnish such detailed information as may reasonably be required for verification of the bill. B. The Company may assess charges for provisioning of additional copies of bills. See Section 4 for applicable rates and charges. C. The Company, upon request of call detail records, including but not limited to, intraLATA toll free and intrastate access and resale services, may assess charges for the provisioning of these records. The call detail records will be in Exchange Message Interface (EMD Industry format. See Section 4 for applicable rates and charges. Advice Letter l6-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 ldaho Access TariffPUC No. 9 Original Page23 Effective Date: May 31,2016 2.9 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Billing and Payments, (Cont'd.) 2.9.1 (Cont'd.) D.Further, if any portion of the payment is received by the Company after the payment Due Date as set forth above, or if any portion of the payment is received by the Company in funds which are not immediately available to the Company, a late payment penalty shall be due the Company. Any payment or portion thereof not received by the Due Date is subject to a late charge on the unpaid amount at the lesser of 1.5% per month or the maximum rate permitted by law. A charge of $20.00 (twenty dollars) or the current allowable amount, will be assessed for any check or other form of payment retumed 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 retum of the instrument at the discretion of the drawee bank or financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution. E. Advice Letter l6-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page24 Effective Date: May 31,2016 2.9 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Billing and Payments, (Cont'd.) 2.9.2 The Company will establish a bill day each month for each Customer account. The bill will cover charges for the billing period for which the bill is rendered, plus any known unbilled charges and adjustments for any prior periods. There are three types of rates and charges that apply to Access Service. These are monthly Recurring Charges, usage rates and Nonrecurring Charges. A. Monthly Recuning Charges: Monthly Recurring Charges are flat rates for facilities that apply each month or fraction thereof that a specific rate element is provided. B. Usage Rates: Usage rates are rates that are applied on a per unit of measure basis, such as per access minute or per query. Usage rates are accumulated over a monthly period. C. Nonrecurring Charges: Nonrecurring charges are one time charges that apply for a specific work activity (i.e., installation of new service or change to an existing service). L lnstallation of Service: Nonrecurring charges apply to each Access Service installed. The charge is applied per line or Trunk. Advice Letter l6-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page25 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.10 Claims and Disputes Objections to billed charges must be reportedto the Company within 120 calendar days of the date of the invoice associated with the disputed charges, or the invoice shall be deemed correct and all rights to dispute such charges are waived. Claims must include all supporting documentation and may be submitted online at https:/icustomerporlal.tu.telecom.corn or by telephone at 1-877-453-8353. The Company shall make adjustments to the Customer's invoice to the extent that circumstances exist which reasonably indicate that such changes are appropriate. 2.10.1 If the dispute is resolved in favor of the Customer and the Customer has withheld the disputed amount, no interest credits or penalties will apply. 2.10.2 If the dispute is resolved in favor of the Customer and the Customer has paid the disputed amount, the Customer will receive an interest credit from the Company for the disputed amount times a late factor as set forth in Section 2.9. 2.10.3 If the dispute is resolved in favor of the Company and the Customer has paid the disputed amount on or before the payment due date, no interest credit or penalties will apply. 2.10.4 If the dispute is resolved in favor of the Company and the Customer has withheld the disputed amount, the Customer must, within five (5) business days following written, electronic or telephonic notice of the resolution, pay the disputed amount including the late penalty as set forth in Section 2.9. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page26 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT'D.) 2.11 Payment of Deposits 2.ll.l The Company may, in order to safeguard its interests, require a Customer which has a proven history of late payments to the Company or does not have established credit to make a deposit prior to or at any time after the provision of service. The deposit is to be held by the Company as a guarantee of the payment of rates and charges. 2.ll .2 A deposit may not exceed the actual or estimated rates and charges for the service for a two month period. The fact that a deposit has been made in no way relieves the Customer from complying with the Company's requirement as to the prompt payment of bills. 2.11.3 At such time as the provision of the service to the Customer is terminated, the amount of the deposit will be credited to the Customer's account and any credit balance which may remain will be refunded. After the Customer has established a one year prompt payment record, such a deposit will be refunded or credited to the Customer account at any time prior to the termination of the provision of the service to the Customer. 2.11.4 In case of a cash deposit, for the period the deposit is held by the Company, simple annual interest will be applied to the deposit for the number of days from the date the Customer deposit is received by the Company to and including the date such deposit is credited to the Customer's account or the date the deposit is refunded by the Company. 2.11.5 If the amount of a deposit is proven to be less than required to meet the requirements specified above, the Customer shall be required to pay an additional deposit upon request. Advice Letter 16-01 IDa1601 Level 3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page27 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT'D.) 2.12 Inspection, Testing and Adjustment 2.12.1 The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether this tariff is being complied with in the installation, operation or maintenance of the Customer's or the Company's facilities or equipment. The Company may interrupt service at any time, without penalty or liability, due to the departure from or reasonable suspicion of the departure from any of these terms and conditions. 2.12.2 Upon reasonable notice, the facilities or equipment provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary for their maintenance in a condition satisfactory to the Company. No interruption allowance shall be granted for the time during which such tests and adjustments are made, unless such interruption exceeds twenty-four (24) hours in length and is requested by the Customer. 2.13 Interconnection 2.13.1 Service fumished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to technical limitations established by the Company. 2.13.2 Interconnection with the services or facilities of other common carriers shall be executed in accordance with this tariff and the terms and conditions of the other common carrier's tarif(s). 2.13.3 The Customer shall ensure that the facilities or equipment provided by the Customer are properly interconnected with the facilities or equipment of the Company. If the Customer maintains or operates the interconnected facilities or equipment in a manner which results or may result in harm to the Company's facilities, equipment, personnel, or the quality of service, the Company may require the use of protective equipment at the Customer's expense. If this action fails to eliminate the actual or potential harm, the Company may, upon written notice, terminate the existing service of the Customer. Advice Letter 16-01 IDa1601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 28 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.14 Liability of the Company 2.14.1 The liability of the Company , or any other common carrier or other service provider that furnishes any portion of the Company's services, for damages of any nature arising from errors, mistakes, omissions, intemrptions, or delays of the Company, its agents, servants, or employees, in the course of establishing, fumishing, rearranging, moving, terminating, or changing regulated or nonregulated service or facilities or equipment (including the obtaining or furnishing of information in respect thereof or with respect to the Customers of the service or facilities) will not exceed an amount equal to the MRC (calculated on a proportionate basis) for the affected service during the period which such error, mistake, omission, intemrption or delay occurs. The extension of such allowances shall be the sole remedy of the Customer and the sole liability of the Company. 2.14.2 The Company will not be liable at any time or under any circumstance for indirect, consequential, special incidental, reliance, special, punitive or consequential damages (including, without limitation, harm to business, lost revenues, lost savings, lost opportunity, harm to business or loss of profits) in connection with services rendered to the Customer under this tariff 2.14.3 When the services or facilities of other common carriers are used separately or in conjunction with the Company's facilities or equipment in establishing connection to points not reached by the Company's facilities or equipment, the Company is not liable under any circumstances for any act, omission, error, mistake, interruption or delay of any connecting carrier or other service provider or their respective agents, servants or employees; nor will the Company have any such liability for providers of connections, equipment, facilities, or services other than the Company or its agents, servants, or employees. 2.14.4 The Company is not liable for interruptions, elrors, delays, or defects in transmission when caused by strike or other labor problems, power fluctuations, surges or failures, national emergencies, insurrections, acts of God, war, fire, flood, adverse weather conditions, explosion, vandalism, acts of terrorism, riots, government authorities, cable cut, ordinances, laws, rules, regulations or restrictions, condemnation or exercise of rights of eminent domain, or other causes beyond the Company's control. 2.14.5 The Company will not be liable under any circumstances for any act, omission, error, mistake, interruption or delay of any person or entity owning telecommunications facilities used by the Customer or who furnishes facilities or services connected with or provided in conjunction with the Company's service; or for the culpable conduct of the Customer, its agents, servants, employees, invitees, or guests, or failures of equipment, facilities or connections provided by the Customer. Advice Letter l6-01 IDal60l Level 3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2016 Idaho Access Tariff PUC No. 9 OriginalPage29 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Liability of the Customer The Customer be liable for damages to the facilities of the Company and for incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its officers, directors, employees, agents, invitees or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. 2.15.2 Indemnification by the Customer The Customer and any authorized or joint users, jointly and severally defend and hold the Company harmless against claims, loss, damage, expense (including attorneys' fees and court costs) for (i) libel, slander, or infringement of copyright or unauthorized use of any trademark, tradename or service mark arising from the material transmitted over its facilities; (ii) infringement of patents arising from combining with, or using in connection with, facilities of the Company, equipment and systems of the Customer; (iii) all claims of any kind by Customer's end users; and (iv) all other claims including, without limitation, claims for damage to any business or property or injury to, or death of, any person arising out of any act or omission of the Customer in connection with facilities provided by the Company or the Customer. In the event any such infringing use is enjoined, the Customer, authorized user or joint user at its option and expense, shall obtain immediately a dismissal or stay of such injunction, obtain a license or other agreement so as to extinguish any claim of infringement, or terminate the claimed infringing use or modifr such infringement. The Customer and any authorized or joint users, jointly and severally shall also indemnify, defend and hold the Company harmless against: all claims, demands, losses or liabilities, including, but not limited to, fees and expenses ofcounsel, arising out of, occasioned by, or in connection with, any act or omission of the Customer or of any person utilizing the Customer's codes, services, equipment, or facilities, with or without the consent or knowledge of the Customer. Service is furnished subject to the conditions that it will not be used: (l) to make foul or profane expressions, (2) to impersonate another person with fraudulent or malicious intent, (3) to call another person so frequently, or at such times, or in any other manner so as to annoy, abuse, threaten, or harass the other person, (a) for any other unlawful purpose, or (5) in such a manner as to interfere with the use of the service by any other user. Advice Letter l6-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 30 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.15 Liability of the Customer, (Cont'd.) 2.15.3 Customer-Provided Equipment - The service and facilities furnished by the Company are subject to the following limitations: the Company shall not be liable for damage arising out of mistakes, omissions, intemrptions, delays, erors or defects in transmission or other injury, including but not limited to injuries to persons or property from voltages or currents transmitted over the facilities of the Company caused by Customer-Provided equipment or premises wire. The Company shall have no obligation to install, maintain, repair or operate Customer-provided equipment. In the event that the Company, in responding to a Customer-initiated service call, determines that the cause of such service call is a failure, malfunction or inadequacy of Customer-provided equipment, the Customer must compensate the Company for such service call at the prevailing rate. 2.15.4 Use of Facilities of Other Companies - When the facilities of other companies are used in establishing a connection, the Company is not liable for any act, error, omission, or intemrption caused by the other company or their agents or employees. This includes the provision of a signaling system database by another company. Advice Letter 16-01 IDal60l o IdahoLevel3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Access Tariff PUC No. 9 Original Page 3l Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.16 Taxes and Surcharges 2.16.1 Taxes, Fees and Surcharges "Tax" or "Taxes" means any federal, state or local excise, gross receipts, value added, sales, use or other similar tax, fee, tax-like fee or surcharge of whatever nature and however designated, imposed or sought to be imposed, on or with respect to purchases by Customer or for the Company's use of public streets or rights of way, which the Company is required or permitted by law or tariff to collect from Customer; provided, however, that the term "Tax" will not include any tax on the Company's corporate existence, status, income, corporate property or payroll taxes. The Company shall bill any and all applicable taxes, surcharges and fees, including, but not limited to: Federal Excise Tax; State Sales Tax; Municipal Taxes; Gross Receipts Taxes; Telecommunications Relay Services (TRS); 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. As permitted by law, the Company will recover from its Customers any such charges assessed directly against the Company. Such taxes or fees will be itemized separately on the Customer's invoice or billing detail. If Customer fails to pay any Taxes properly billed, Customer will be solely responsible for payment of the Taxes, and penalty and interest. Taxes and surcharges assessed on bundled services are based upon a model configuration of the product elements. Details are available upon Customer request. If either Customer or the Company is audited by a taxing or other governmental authority, the other party will cooperate reasonably by responding to the audit inquiries in a proper, complete and timely manner. The Company will cooperate, at Customer's expense, with reasonable requests of Customer in connection with any Tax contest or refund claim. Customer will ensure that no lien is attached to or allowed to remain on any asset of the Company as a result of any Tax contest. Customer will indemnify and hold the Company harmless against any liabilities, damages, losses, costs or expenses arising out of such Tax proceedings, including without limitation any additional Taxes, interest, penalties and attorney's fees. If Customer claims an exemption for any Taxes, Customer must provide the Company with a proper tax exemption certificate as authorized by the appropriate taxing authority. Customer must pay the applicable Taxes to the Company until it provides a valid exemption certificate. If applicable law exempts a service from a Tax, but does not also provide an exemption procedure, the Company will not collect such Tax if Customer provides a letter signed by one of its officers; (i) claiming a right to the exemption; (ii) identifring the applicable law that allows such exemption and does not require an exemption certificate; and (iii) agreeing to indemnify and hold the Company harmless from any tax, interest, penalties, loss, cost or expense asserted against the Company as a result of its not collecting the Taxes from Customer. Advice Letter l6-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 32 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.17 Jurisdictional Reporting and Identification of Toll VoIP-PSTN Traffic 2.17.1 Switched Access Services For purposes of determining the jurisdiction of Switched Access Services (e.g., originating toll free, terminating traffrc and VoIP-PSTN traffic), to the extent the Company receives sufficient call detail to permit it to determine the jurisdiction of some or all originating and terminating access minutes of use, the Company will use that call detail to render bills for those minutes. To the extent call detail is not available, the jurisdictional reporting requirements specified below will apply. When a Customer orders Access Services, its projected Percent Interstate Usage (PIU) must be provided to the Company. Except to the extent the Company has sufficient call detail to determine the jurisdiction of the call, these percentages will be used by the Company to apportion the usage and/or charges between interstate and intrastate until a revised report is received as set forth herein. To the extent that sufficient call detail is unavailable and the Customer has failed to provide its projected PIU, the Company shall allocate unidentifiable minutes subject to the PIU as 50 percent interstate traffic and 50 percent intrastate traffic. Based on distribution of traffic (identifiable, Customer based PIU, Default PIU), the Company may derive an aggregated factor. IDal60lAdvice Letter Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 33 Effective Date: May 31,2016 2.17 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Jurisdictional Reporting and ldentification of Toll VoIP-PSTN Traffic, (Cont'd.) 2.17.2 IntraLATA Toll Usage For purposes of determining the jurisdiction of IntraLATA Toll Usage termination, to the extent the Company receives sufficient call detail to permit it to determine the jurisdiction of some or all originating and terminating Intralata Toll minutes of use, the Company will use that call detail to render bills for those minutes. To the extent call detail is not available, the jurisdictional reporting requirements specified below will apply. When a Customer terminates IntraLATA Toll Usage, its projected Percent Local Usage (PLU) must be provided to the Company. Except to the extent the Company has sufficient call detail to determine the jurisdiction of the call, these percentages will be used by the Company to apportion the usage and/or charges between IntraLATA Toll and local until a revised report is received as set forth herein. To the extent that suffrcient call detail is unavailable and the Customer has failed to provide its projected PLU, the Company shall allocate unidentifiable minutes subject to the PLU as 50 percent IntraLATA Toll Usage traffrc and 50 percent local traffic. Based on distribution of traffic (identifiable, Customer based PLU, Default PLU), the Company may derive an aggregated factor. Advice Letter 16-01 IDal60l Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 34 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) Jurisdictional Reporting and Identification of Toll VoIP-PSTN Traffrc, (Cont'd.) 2.17.3 Identification of VoIP-PSTN Traffic This section govems the identifrcation of Toll VoIP-PSTN Traffic that is required by the F.C.C. in its Report and Order in WC Dockets Nos. 10-90, etc., F.C.C. No. 11-16l (November 18,2011) (F.C.C. Order) and Second Order on ReconsiderationFCC 12-47 (April 25, 2012) ("Second Order") to be compensated at interstate access rates, unless the parties have agreed otherwise. Specifically, this section establishes the method of separating Toll VoIP-PSTN Traffic from the Customer's traditional intrastate access traffic, so that Toll VoIP-PSTN Traffic can be billed in accordance with the F.C.C. Order and Second Order. A. Calculation and Application of Percent-VolP-PSTN-Usage Factors The Company will determine the number of relevant VoIP-PSTN Traffic minutes of use ("MOU") to which interstate rates will be applied under Section 3.1.4, by applying a Percent VolP Usage ("PVU") factor to the total intrastate access MOU (however determined - either based on call detail information, access lines or PIU) exchanged between the Company and the Customer, until July 21,2012 and after July 1,2014. From July 21, 2012 through June 30,2074, the PVU will be applied only to terminating intrastate access MOU, except as otherwise noted in2.17.3.A.3 below. The PW will be derived and applied as follows: t.Except as otherwise noted in 2.17.3.A.3 below, the Customer will calculate and furnish to the Company a factor (the "PVU-A") representing the percentage of the total intrastate access MOU that the Customer exchanges with the Company in the State, that (a) is terminating access sent to the Company and that originates in IP format; or (b) is originating access received from the Company and terminates in IP format until July 21,2012 and after June 30,2014. This PVU-A shall be based on information such as the number of the Customer's retail VoIP subscriptions in the State (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. Except as otherwise noted in 2.17.3.A.3 below, the Company will, likewise, calculate a factor (the "PVU-B") representing the percentage of the Company's total intrastate access MOU in the State that the Company originates or terminates in IP format. From July 21, 2012 through June 30, 2014,the PVU-B will represent only terminating access MOU. This PVU-B shall be based on information such as the number of the Company's retail VolP subscriptions in the State (e.9., as reported on FCC Form 477), traffrc studies, actual call detail, or other relevant and verifi able information. Advice Letter IDal601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 35 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2_17 Jurisdictional Reporting and Identification of Toll VoIP-PSTN Trafftc, (Cont'd.) 2.17.3 Identification of VoIP-PSTN Traffic, (Cont'd.) A. Calculation and Application of Percent-VolP-PSTN-Usage Factors, (Cont'd.) The Company will use the PVU-A and PVU-B factors to calculate an effective PVU factor that represents the percentage of total intrastate access MOU exchanged between the Company and the Customer that is originated and/or terminated in IP format, whether at the Company's end, at the Customer's end, or at both ends. From July 21,2012throtgh June 30, 2014, the PVU will represent only terminating intrastate access MOU. The effective PVU factor will be calculated as the sum of: (A) the PVU-A factor and (B) the PW-B factor times (1.0 minus the PVU-A factor). Note: PVU factors will not be provided or collected by the Company for the traffic period from July 1, 2013 through June 30, 2014. This represents the period duringwhich the Company's terminating intrastate rate is equal to its terminating interstate rate and PVU is not applied to originating trafic. Trafic on or after July 1, 2014 will be subject to the most recently available PW factor on file with the Company for application of charges to originating access trffic. PW updates must be received at least 30 days prior to July l, 2014 if a new factor will apply. The Company will apply the effective PVU factor to the applicable intrastate access MOU exchanged with the Customer, as described above, to determine the number of relevant VoIP-PSTN Traffrc MOUs. Example l:The PVU-B is 5% and the PVU-A is l0%. The effective PVU factor is equal to l4.5Yo PVU-A + (PVU-B x (l- PVU-A)) = PW%. The Company will bill l4.5Yo of the Customer's applicable intrastate access MOU in accordance with the Company's interstate switched access tariff. The PVU-B is 0% and the PVU-A is l0%. The effective PVU factor is 10% PVU-A + (PVU-B x (1- PW-A)): PYU%. The Company will bill 10% of the Customer's applicable intrastate access MOU in accordance with the Company's interstate switched access tariff. Example 2: 3. 4. Advice Letter 16-01 IDa160l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 ldaho Access Tariff PUC No. 9 Original Page 36 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.17 Jurisdictional Reporting and Identification of Toll VoIP-PSTN Traffrc, (Cont'd.) 2.17.3 Identification of VoIP-PSTN Traffic, (Cont'd.) A. Calculation and Application of Percent-VoIP-PSTN-Usage Factors, (Cont'd.) 4. (Cont'd.) Example 3: The PVU-A is 100%. No matter what the PW-B factor is, the effective PVU is 100%. The Company will bill 100% of the Customer's applicable intrastate access MOU in accordance with the Company's interstate switched access tariff. 5. If the Customer does not furnish the Company with a PVU-A pursuant to the preceding paragraph l, the Company will utilize a PVU equal to the PVU-B. For example, if the PVU-B factor is 0%o, the Company will utilize a PVU equal to zero. 6. The Customer shall not modify their reported PIU factor to account for Toll VoIP-PSTN Traffic. 7. The Customer shall retain the call detail, work papers, and information used to develop the PVU factors for a minimum of one year. Initial Implementation of PVU Factors l. The PVU factors were implemented in the Company's billing system on May 15,2012. Usage billed after May 15, 2012 will be processed pursuant to paragraph2.17.3.A.5 above and 2.17.4 below. PVU Factor Updates The Customer may update the PVU-A factor quarterly. The Company may also update the PVU-B factor quarterly. The revised PW factor will serve as the basis for future billing and will be effective on the bill date of each such month and shall serye as the basis for subsequent monthly billing until superseded by new PVU factors. B. C. Advice Letter l6-01 IDa1601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 37 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.17 Jurisdictional Reporting and Identification of Toll VoIP-PSTN Traffrc, (Cont'd.) 2.17.4 Jurisdictional Reporting Timelines The Customer shall provide to the Company, to be received no later than 15 days after the end ofeach quarter, a revised report reflecting the aforementioned factors, as applicable, for the past three (3) months, for each service arranged for use, based solely on the traffic originating from or terminating to the Company. The quarterly report will serve as the basis for the next three (3) months billing and will be effective on the bill date for that service. If the Customer does not supply the reports for services where reports are needed, the Company will assume the percentages to be the same as was previously provided in the most recent report(s). 2.17.5 Jurisdictional Reports and VoIP-PSTN Factors Verification If a billing dispute arises or a regulatory commission questions any of the factors, the Customer will provide the data issued to determine the applicable factors. The Customer will supply the data within 30 days ofthe Company request. The Customer shall keep records of call detail, description of the method for determining how end users originate and terminate calls in IP format, and other information from which the appropriate factors can be ascertained and, upon request of the Company, shall make the records available for inspection as reasonably necessary for purposes ofverification ofthe factors. The Company reserves the right to conduct an audit, internally or with an extemal firm, at any time during the year. The Customer, at its own expense, has the right to retain an independent auditing firm. In the event that an audit reveals that any Customer reported factors are incorrect, the Company shall apply the audit results to all usage affected by the audit. The Customer shall be back-billed or credited, for a period retroactive to the date that the incorrect percentage was reported, but not to exceed 12 months. Back-billed amounts are subject to a late payment penalty and payment shall be made in immediately available funds by the due date printed on the invoice. Should an audit reveal that the misreported factors resulted in an underpayment of usage charges to the Company of five percent or more of the total usage charges, the Customer shall reimburse the Company for the cost of the audit. Proof of cost shall be the bills, in reasonable detail, submitted to the Company by the auditor. Within l5 days of completion of the auditor's report, the Company will furnish a copy of the audit results to the person designated by the Customer to receive such results. Advice Letter l6-01 IDa1601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 38 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.18 Obligations of the Customer 2.18.1 Damages The Customer shall reimburse the Company for damages to Company facilities utilized to provide services under this tariff caused by the negligence or willful act of the Customer, or resulting from improper use of the Company's facilities, or due to malfunction of any facilities or equipment provided by other than the Company, except that no Customer shall be liable for another Customer's actions. 2.18.2 Ownership of Facilities Facilities utilized by the Company to provide service under the provisions of this tariff shall remain the property of the Company. Such facilities shall be retumed to the Company by the Customer, whenever requested, within a reasonable period following the request in as good condition as reasonable wear permits. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision. 2.18.3 Equipment Space and Power The Customer shall furnish to the Company, at no charge, equipment space and electrical power required by the Company to provide services under this tariff at the points of termination of such services. The selection of ac or dc power shall be mutually agreed to by the Customer and Company. The Customer shall also make necessary arrangements in order that the Company will have access to such spaces at reasonable times for installation, testing, repair, maintenance or removal of Company service. Advice Letter 16-01 IDal601 Level 3 Telecom ofldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 39 Effective Date: May 31,2016 SECTION 2 - TERMS AND CONDITIONS, (CONT',D.) 2.18 Obligations of the Customer, (Cont'd.) 2.18.4 Testing The service provided under this tariff shall be made available to the Company at times mutually agreed upon in order to permit the Company to make tests and adjustments appropriate for maintaining the services in satisfactory operating condition. No credit will be allowed for any intemrption during such tests and adjustments. 2.18.5 Design of Customer Services The Customer shall be responsible for its own expense for the overall design of its services and for any redesigaing or rearrangements of its services which may be required because of changes in facilities, operations or procedures of the Company, minimum protection criteria or operating or maintenance characteristics of the facilities. 2.18.6 Network Contingency Coordination The Customer shall, in cooperation with the Company, coordinate in planning the actions to be taken to maintain maximum network capability following natural or man-made disasters which affect telecommunications service. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 40 Effective Date: May 31,2016 3.1 SECTION 3 - SWITCHED ACCESS SERVICL, General Switched Access Service, which is available to Customers for their use in fumishing their services to end users, provides a two-point electrical communications path between a Customer's premises and an end user's premises. It provides for the use of common and dedicated terminations, switching and trunking facilities, and for the use of common subscriber plant of the Company. Switched Access Service provides for the ability to originate or terminate calls from an end user's premises to a Customer's premises in the LATA where it is provided. When the Customer is a CMRS provider, Switched Access Service rates apply for all interMTA traffic. Switched Access Service is also available to pass calls between a Customer's premises and the premises of another carrier, including a CMRS provider and an Interconnected Wholesale provider. The application of rates for Switched Access Service is described in Section 4 following. Rates and charges for services other than Switched Access Service, i.e., a Customer interLATA toll message service, may also be applicable when Switched Access Service is used in conjunction with these other services. Arrangements for indirect or direct interconnection by Local Exchange Carriers, Competitive Local Exchange Carriers, Wireless Providers (Commercial Mobile Radio Services (CMRS) and Personal Communications Services (PCS)) and Interconnected Wholesale Providers with the Company's facilities for the completion of local and intraLATA toll traffic will be negotiated on a case by case basis, provided that, in cases where no agreement is in place for completion of such calls, the Company may charge one of the following rates: the state authorized UNE Switching rate(s) or the rate being charged by the other carrier for the Company's traffic terminating on the other carrier's network. 3.1.1 OrderingConditions Except as provided elsewhere in this tariff, all services offered under this tariff will be ordered using an ASR. The format and terms of the ASR will be as specified in the industry Access Service Order Guidelines (ASOG), unless otherwise specified herein. Advice Letter l6-01 IDal601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 4l Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) General, (Cont'd.) Access Service Intervals Access Service is provided with one of the following Service Date intervals: Standard Interval Negotiated Interval The Company will specify a FOC and the Service Commencement Date contingent on the ASR being complete as received. To the extent the Access Service can be made available with reasonable effort, the Company will provide the Access Service in accordance with the Customer's requested internal, subject to the following conditions: A. Standard Interval The Standard Interval for Access Service will be specified at the time the order is placed. This interval only applies to standard service offerings for a Customer which is On-Net and at locations where there are pre-existing facilities to the Customer Premises. Access Service provided under the Standard Interval will be installed during Company business hours. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue May 27,2016 Idaho Access TariffPUC No. 9 Original Page 42 Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) General, (Cont'd.) 3-1.2 Access Service Intervals, (Cont'd.) B. Negotiated Interval The Company will negotiate a Service Date Interval with the Customer when: l. The Customer requests a Service Date before or beyond the applicable Standard Interval Service Date; or There is no existing facility connecting the Customer Premises with the Company; or The Customer requests a service that is not considered by the Company to be a standard service offering (i.e., if additional engineering is required to complete the order); or The Company determines that Access Service cannot be installed within the Standard Interval. The Company will offer a Service Date based on the type and quantity of Access Service the Customer has requested. The Negotiated Interval may not exceed the Standard Interval Service Date by more than six (6) months, or, when there is no Standard Interval, the Company offered Service Date. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 43 Effective Date: May 31,2016 3.r SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) General, (Cont'd.) 3.1.3 Access Service Request Modifications Any increase in the number of Access Service lines, Trunks, Access transport facilities, Out of Band Signaling connections or any change in engineering or functionality of a service will be treated as a new ASR with a new Service Date Interval. A. Service Commencement Date Changes ASR service date for the installation of new services or realrangement of existing services may be changed, but the new service date may not exceed the original Service Commencement Date by more than thirty (30) calendar days. When, for any reason, the Customer indicates that service cannot be accepted for a period not to exceed thirty (30) calendar days, and the Company accordingly delays the start of service, a Service Date Change Charge will apply. In addition, when the Customer submits a request for Service Date Change that is less than five (5) business days from the date of notification by the Customer, a Service Date Change Charge and an Expedited Order Charge will apply. No Expedited Order Charge will apply if the Customer requests a Service Date Change that is more than five (5) business days from the date ofrequest by the Customer but earlier than the original requested Service Commencement Date. If the Customer requested service date is more than thirty (30) calendar days after the original service date, the order will be canceled by the Company on the thirty-first day. Appropriate cancellation charges will be applied. If the Customer still requires the service, the Customer must place a new ASR with the Company. The Service Date Change Charge will apply on a per order, per occurrence basis for each service date changed. The applicable charges are set forth in Section 4. Advice Letter 16-01 IDal601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 44 3.1 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.) General, (Cont'd.) 3.1.3 Access Service Request Modifications, (Cont'd.) B. Design Change Charge The Customer may request a Design Change to the service order. A Design Change is any change to an ASR which requires Engineering Review. An Engineering Review is a review by Company personnel of the service ordered and the requested changes to determine what changes(s) in the design, if any, are necessary to meet the Customer's request. Design Changes include such changes as the addition or deletion of optional features or functions, a change in the type of Transport Termination (Switched Access only) or type of Channel interface. Any other changes are not considered Design changes for purposes of this subsection and will require issuance of a new ASR and the cancellation of the original ASR with appropriate cancellation charges applied. The Design Change Charge will apply on a per order, per occurrence basis, for each order requiring a Design Change. The applicable charges, as set forth in Section 4 are in addition to a Service Date Change Charges that may apply. C. Expedited Order Charge When placing an Access Order for services(s) for which a Standard Interval exists, a Customer may request a Service Commencement Date that is earlier than the Standard Interval Service Date, in which case an Expedited Order Charge will apply. The Expedited Order Charge will not apply if the new Service Commencement Date is more than five (5) days from the date of the request to the Company of the expedited order request. The request for an earlier service date may be received from the Customer prior to its issuance of an ASR, or after the ASR has been issued but prior to the service date. The Company has the exclusive right to accept or deny the Expedited Order request. However if, upon reviewing availability of equipment and scheduled work load, the Company agrees to provide service on an expedited basis and the Customer accepts the Company's proposal, an Expedited Order Charge will apply. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 45 3.1 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.) General, (Cont'd.) 3.1.3 Access Service Request Modifications, (Cont'd.) C. Expedited Order Charge, (Cont'd.) If the Company is subsequently unable to meet an agreed upon expedited service date, then the Expedited Order Charge will not apply. In the event the Company provides service on an expedited basis on the Customer's request, and the Customer delays service or is not ready for delivery of service at the time of installation, a Service Date Change Charge will apply in addition to the Expedited Order Charge. In the event the Customer cancels an expedited request, the Expedited Order Charge will be added to all applicable Cancellation Charge specified herein. In the event the Customer requests a Service Date Change after the Company has received the original expedite request, the Expedited Order Charge will still apply. An Expedited Order Charge will not be applied to orders expedited for Company reasons. If costs other than additional administrative expenses are to be incurred when the Access Order is expedited, the regulations and charges for Special Construction as set forth in this tariff will apply. The Expedited Order Charge will apply on a per order, per occuffence basis, as specified in Section 4 Rates. Advice Letter l6-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 46 Effective Date: May 31,2016 3.1 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) General, (Cont'd.) 3.1.4 Application of Access Charges to Toll VoIP-PSTN Traffic A. Toll VoIP-PSTN Traffic identified in accordance with this tariff section will be billed at rates equal to the Company's applicable Interstate Switched Access Tariff rates. Current and pending interstate access rates for the Company located at lrttps://apps.lcc.gov/etlt/public/lec'l-ariff's.action?idl-ec=-3 I 2. B. The Company shall assess and collect switched access rate elements under this tariff for access services, regardless of whether the Company itself delivers such traffic to the called party's premises or delivers the call to the called party's premises via contractual or other arrangements with an affiliated or unaffiliated provider of VoIP service that does not itself seek to collect switched access charges for the same traffic. The Company will not charge for functions not performed by the Company, its affiliated or unaffiliated provider of VoIP service. For purposes of this provision, functions provided by the Company as part of transmitting telecommunications between designated points using, in whole or in part, technologr other than TDM transmission in a manner that is comparable to a service offered by a local exchange carrier constitutes the functional equivalent of carrier access service. Advice Letter l6-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 47 Effective Date: May 31,2016 3.2 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.) Rate Categories The Company applies traditional per minute of use switched access rate elements to originating and terminating traffic including Tandem Services. Switched Access Services may include charges for l+ domestic and international traffic, 8XX traffic, 500, 700, & 900 access traffic, 950 traffic, and etc. The rate elements may include the following rate categories: Carrier Common Line Local Switching Transport 8XX Database Query Last Resort LNP Queries The Company assesses the per minute of use rate elements plus 8XX Data Base Query rates for originating 8XX Access services. For Tandem Services, including for CMRS and Interconnected Wholesale Providers, the Company assesses traditional per minute of use switched access rate elements and 8XX Database Query charges, as applicable. The rate elements may include the following rate categories: Tandem Switching Transport 8XX Database Query Ancillary access charges are billed in addition to the primary access charge rate categories listed above. Ancillary access rate elements are billed in addition to the rate element per minute of use charges and may include, but are not limited to, 500/900 Access Service, Inward Operator Services, Operator Pass Through Service, Billing Name and Address, and recording services. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 48 3.2 Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) Rate Categories, (Cont'd,) 3.2.1 Carrier Common Line The Carrier Common Line rate category includes the charges related to the use of common lines by Customers and end users for intrastate access. 3.2.2 Local Switching The Local Switching rate category establishes the charges related to the use of local office switching equipment, the terminations in the local end office of end user lines, the terminations of calls at Company Intercept Operators or recordings, the use of common trunk port, the use of Signaling Transfer Point (STP), and the SS7 signaling function between the end office and the STP. Where local end offices are appropriately equipped, international dialing may be provided. International dialing provides the capability of switching international calls with service prefix and address codes having more digits than are capable of being switched through a standard equipped end office. 3.2.3 Transport The Transport rate category provides the transmission and transport termination facilities between the Customer premises and the switch(es) where the Customer traffic is switched to originate or terminate its communications. The rate components may include: Transport - Termination Transport - Facility Interconnection Charge The Company will work cooperatively with the Customer in determining 1) whether the service is to be directly routed to an end office switch or through an access tandem switch, and2) the directionality of the service. Advice Letter 16-01 IDal60l Level 3 Telecom ofldaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 49 Effective Date: May 31,2016 3.2 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D.) Rate Categories, (Cont'd,) 3.2.3 Transport, (Cont'd.) A. Transmission Paths The number of Transport transmission paths provided is based on the Customer's order and is determined by the Company. B. Interconnection Interconnection of non-Company switched access transport facilities is available between an end office and a Customer point of presence where such facilities are provided. 3.2.4 Tandem Switching The Tandem Switching category establishes the charges associated with "switching" the call through the Company's switching office from the "incoming" trunk group to the "outgoing" trunk group. Tandem Switching charges apply when the Company passes a call between the Customer and another carrier, including CMRS providers and Interconnected wholesale providers. Tandem switching charges may include charges for multiplexing and associated trunk ports, where applicable. 3.2.5 8XX Data Base Query Service 8XX Data Base Query Service is a service offering utilizing originating trunk side Switched Access Service. When an SXX + NXX + XXXX call is originated by an end user, the Company will perform Customer identification based on screening of the full ten-digits of the SXX number to determine the Customer location (Carrier identification Code or destination routing number) to which the call is to be routed. This service is billed based on a per query charge. 3.2.6 Local Routing Number (LRN) Query Service of Last Resort LRN Query Service of Last Resort can be used when a call is routedto the Company's local or tandem switching office where the dialed telephone number is portable and a query has not been performed to identi$ the correct Carrier for routing of the call. A LRN query will be performed and the call will be re-routed to the correct Carrier. This service charge is a per query charge and will be billed to the Carrier originating the call. Advice Letter 16-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 50 Issue Date: May 27,2016 Effective Date: May 31,2016 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) 3.2 Rate Categories, (Cont'd,) 3.2.7 Inward Operator Services A. General Where available, Inward Operator Services enable Customers to be connected to the Company's operator services switch for the purpose of providing operator services to their end users. B. Service Description l. Busy Line Verification (BLV) BLV is a service where, at the request of the Customer's operator, a Company operator will attempt to determine the status of an exchange service line (i.e., conversation in progress, available to receive a call or out of service) and report to the Customer's operator. 2. Busy Line Verification/Interrupt (BLVI) BLVI is a service where, at the request of the Customer's operator, a Company operator determines and reports that a conversation is in progress on an exchange service line and subsequently interrupts such conversation to request that the conversation be terminated so that the Customer's end user can attempt to complete a call to the line. C. Specifications Inward Operator Services are provided over trunks between the Customer's premises and the Company's local switch. Where FGD trunks which carry other Customer traffic are used, the technical specifications for such trunks apply. The Company will be responsible for transporting this traffic from its local switch to its operator service switch when these are different. Advice Letter 16-01 IDal601 Level3 Telecom of Idaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2076 Idaho Access Tariff PUC No. 9 Original Page 5l Effective Date: May 31,2016 3.2 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) Rate Categories, (Cont' d,) 3.2.7 Inward Operator Services, (Cont'd.) D. Undertaking of Company In addition to the obligations of the Company, where available, set forth above, the following obligations apply only to the provision of Inward Operator Services: 1. 2. 3. The Company will provide BLV and BLVI for telephone numbers in its operating territory. The Company operator will respond to one telephone number per call on requests for BLV or BLVI. The Company will designate which operator service switch serves which NXX's and make such information available to the Customer. Advice Letter 16-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 52 Effective Date: May 31,2016 3.2 SECTION 3 - SWITCHED ACCESS SERVICE, (CONT',D.) Rate Categories, (Cont'd,) 3.2.8 OperatorPass-through Service A. General Operator Pass-through Service enables a Customer who provides operator services to receive calls passed through to it by the Company, within a specified LATA, for the purpose of operator assisted call completion or, for a Customer who does not provide operator service, Operator Pass-through Service enables end user calls to be passed through to either a Customer designated Operator Service Provider or a Company provided recording. Operator Pass-through Service is only available in end offices equipped with Feature Group D. B. Service Description Operator Pass-through Service provides end users with access to the operators of the Customer for operator assisted call completion, when the Customer provides operator services for end users for calls originating from a particular LATA and is capable of receiving calls passed through to it by the Company in that LATA. The Company will, when requested by an end user, connect that end user to a specified Customer for Operator call completion provided that Customer offers operator services in the end user's originating LATA and is capable of receiving calls passed to it by the Company in that LATA. Ifthe Customer does not provide operator services for end users, at the option of the Customer, the Company will provide end users with access to a Customer designated Operator Services Provider or to a Company provided announcement which will direct the end user to contact their Presubscribed Interexchange Carrier for dialing instructions. For Customers who opt to designate an Operator Services Provider, only one Operator Services Provider may be designated within a specified LATA. Advice Letter l6-01 IDa1601 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: i|l{.ay 27,2016 Idaho Access Tariff PUC No. 9 Original Page 53 Effective Date: May 31,2016 4.1 SECTION 4 - RATES AND CHARGES Switched Access Service 4.1.1 Servicelmplementation Installation Charge (Per Trunk) Installation Charge (per channel) 2-wire each additional 2-wire 4-wire each additional 4-wire first DSI each additional DSI first DS3 each additional DS3 4.1.2 Change Charges (per order) Charge per Occurrence Service Date Change Charge Desigr Change Charge Expedited Order Charge Service Order Charge Access Carrier Name Abbreviation (ACNA) Change (per trunk) Billing Account Number (BAN) Change Customer Circuit Identification (CKR) Change Nonrecurring Charge See FCC TariffNo. I See FCC TariffNo. 1 See FCC TariffNo. 1 See FCC TariffNo. 1 See FCC TariffNo. I See FCC TariffNo. 1 See FCC Tariff No. I See FCC TariffNo. I Nonrecurring Charge See FCC TariffNo. I See FCC TariffNo. I See FCC TariffNo. I See FCC TariffNo. I See FCC TariffNo. I See FCC TariffNo. I See FCC TariffNo. I Switched access nonrecurring charges are billed at the rates and rate structure in the Company's Federal Access Tariff, FCC TariffNo. 1, as amended from time to time. Advice Letter 16-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 54 Effective Date: May 31,2016 SECTION 4 - RATES AND CHARGES, (CONT',D.) Switched Access Service, (Cont'd.) 4.1.3 Cancellation Charges (per order) Cancellation charge 4.1.4 Direct Connect Charges: Entrance Facility 2-wire 4-wire per DSI per DS3 See FCC TariffNo. I Monthly Recurring Charge See FCC TariffNo. 1 See FCC TariffNo. I See FCC TariffNo. 1 See FCC TariffNo. I Cancellation and monthly recurring access charges are billed at the rates and rate structure in the Company's Federal Access Tarifl FCC Tariff No. l, as amended from time to time. Advice Letter 16-01 IDal60l Level 3 Telecom ofldaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 55 Effective Date: May 31,2016 4.1 SECTION 4 - RATES AND CHARGES, (CONT',D.) Switched Access Service, (Cont'd.) 4.1.5 Switching, Transport and Network Elements Rate Element Carrier Common Line (Originating) Carrier Common Line (Terminating) Local Switching (Originating) Local Switching (Terminating) 4.1.6 Switching and Transport Elements CenturyLink/Owest Areas Transport- Termination (each), per minute - Facility, per minute per mile Interconnection Charge Tandem Switching, per minute Frontier Areas Transport- Termination (each), per minute - Facility, per minute per mile Interconnection Charge Tandem Switching, per minute *Terminating switched access is assessed at interstate Company's Federal Access Tariff FCC No. l, as amended Access Rate Per Minute of Use CenturyLink/Qwest Frontier Areas Areas $0.03369400 ,1. $0.01303000 ,1. Access Rate Per Minute of Use Originating Terminating $0.00048000 * $0.00011500 rF $0.00580300 * $0.00003300 * Access Rate Per Minute of Use Orisinatine $0.00048000 $0.00011500 $0.00580300 $0.00003300 s0.03369400 * $0.01303000 * Terminatine * * * * rates and rate structure pursuant to the from time to time. Advice Letter l6-01 IDa1601 Level 3 Telecom ofldaho, LLC lssued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 56 Effective Date: May 31,2016May 27,2016 SECTION 4 - RATES AND CHARGES, (CONT',D.) Switched Access Service, (Cont'd.) 4.1.7 Direct-Trunked Transport Refer to the Company's Private Line Tariff for full descriptions and rates associated with Dedicated Capacity Services. 4.1.8 Other Switched Access Charges Rate Element A. 8XX Data Base 8XX CIC or POTS Query - per Query B. LRN Query of Last Resort - per Query C. BNA (BillingName & Address) per l0-digit ANI requested D. Media Options Charges Electronic Data Transfer (per record transferred) CD or Email, per record E. Automatic Number Identification Per ANI delivered Access Rate $0.00s900 $0.06 $0.2000 $0.003 s0.003 $0.000080 Advice Letter 16-01 IDa160l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs lssue Date: N{ay 27,2016 Idaho Access Tariff PUC No. 9 Original Page 57 Effective Date: May 31,2016 SECTION 4 - RATES AND CHARGES, (CONT',D.) 4.2 Carrier Identification Code Opening Charge 4.2.1 General A Customer may request the opening of its Carrier Identification Code (CIC) on the Company's switches to allow the Company's end users to select the Customer as their interLATA, IntraLATA, interstate and/or international service provider. A Charge is applicable for each switch in which the CIC is opened. 4.2.2 Rates and charges CIC/ASR Charge per switch $50.00 Advice Letter 16-01 IDa160l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 OriginalPage 58 Effective Date: May 31,2016 5.1 SECTION 5 - CUSTOMER SPECIFIC CONTRACTS General The Company may provide any of the services offered under this Access Service Tarifi or combinations of services, to Customers on a contractual basis. The terms and conditions of each contract offering are subject to the agreement of both the Customer and Company. Such contract offerings will be made available to similarly situated Customers in substantially similar circumstances. Rates in other sections of this Access Service Tariffdo not apply to Customers who agree to contract arrangements, with respect to services within the scope of the contract. Services provided under this Access Service Tariff are not eligible for any promotional offerings which may be offered by the Company from time to time. Contract terms and conditions pursuant to this section are available to any similarly situated Customer that places an order within 90 days of the contract effective date. Advice Letter l6-01 IDal601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 59 Effective Date: May 31,2016 6.1 SECTION 6 - TELECOMMUNICATIONS SERVICE PRIORITY General Telecommunications Services Priority (TSP) is a priority restoration and provisioning service offered to Customers whose telecommunications needs meet national Security Emergency preparedness (NS/EP) specifications as determined by the TSP program Offrce. TSP services fall into two categories. Emergency and Essential Emergency Services are newly ordered services so critical as to require provisioning at the earliest possible time, without regard to the service users' cost. Essential Services are all other NS/EP services assigned restoration and/or provisioning priorities with the TSP system. Ordering In order to qualify for TSP services, the Customer must obtain a certificate from the TSP Program Office specifying the circuits and their level of restoration and provisioning priority. Customers can request assignment to the TSP System ttrough the following agencies: 6.2 Customer Federal Agencies Statellocal Govemments Foreign Govemments Private Industry Contact TSP program Office Federal Emergency Management Agency Departments of State or Defense Through Federal Agency which has a contractual relationship involving NS/EP functions TSP service is applicable to services which include local exchange service, private line service, switched access service and dedicated access service. The TSP Program Offrce makes the priority level assignments and issues the TSP authorization code reflecting the priority assignment associated with a request The Customer provides the TSP authorization code, in addition to all the other details necessary to complete the order to the company to obtain TSP System Service. Advice Letter 16-01 IDal60l Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 60 Effbctive Date: May 31,2016 SECTION 6 - TELECOMMUNICATIONS SERVICE PRIORITY, (CONT'D.) Provisioning Priority If the Customer requires service within a shorter time interval than the Company can provide, and the requested service qualifies for NS/EP, the Customer may elect to invoke NS/EP treatment and obtain the appropriate provisioning priority assignment from the TSP Program Office. Restoration Priority A TSP authorization code for restoration priority classifies the service as being among the nation's most important NS/EP telecommunications services. The Company will restore these services before services without restoration assignments in the order of priority assignments. When the Company recognizes a TSP service as being out of service, unusable, or receives a trouble report, available resources will be dispatched to restore the service as quickly as practicable. A priority value of \, 2, or 3 requires dispatch outside normal business hours if necessary to restore the service. A priority value of 4 or 5 only requires dispatch outside of normal business hours if the next business day is more than 24 hours away. If the value "0" has been assigned, then no restoration priority is applicable to this service. 6.3 6.4 Advice Letter 16-01 IDa1601 Level3 Telecom of Idaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 6l Effective Date: May 31,2016 SECTION 6 - TELECOMMUNICATIONS SERVICE PRIORITY, (CONT'D.) 6.5 Obligations ofthe Customer 6.5.1 In all instances, the Customer is responsible for obtaining the appropriate TSP authorization code and providing that code to the Company. 6.5.2 Only the Customer or is authorized agent as indicated in a letter of agency on file with the Company is allowed to order TSP system service. 6.5.3 All points of a multipoint service configuration must have the same restoration priority assignment and must satisfy the requirement of that assignment. 6.5.4 In obtaining TSP system service, the Customer consents to the release of certain information by the company to the federal government in order to maintain and administer the TSP System. Such information includes: the Customer's name, telephone number and mailing address, the TSP authorization code and the circuit or service identification number associated with the NS/EP service. 6.5.5 The Company will attempt to notify the customer of expected charges. The customer when invoking NS/EP treatment, recogrizes that quoting charges and obtaining permission beforehand may not be practicable and may cause unnecessary delays and, as a result, grants the Company the right to quote and bill charges after provisioning the service. 6.5.6 During certain emergencies the Customer may request TSP assignments verbally and the company will accept such verbal notifications. The Customer must submit a written order to the company within two working days following the verbal request. If the written order is not received within two working days, all applicable rates and charges accumulated to date to provision TSP System service become immediately due and payable and the requested TSP priority is revoked. 6.5.7 The Customer must request and justify revalidation of all priority level assigrrments at least every three years. 6.5.8 Additionally, the NCS manual 3-1-1, "Telecommunications service Priority (TSP) System for National Security Preparedness (NS/EP Service User manual)" prescribes specific conditions which warrant NS/EP treatment and related procedures. Advice Letter 16-01 IDal60l Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Issue Date: May 27,2016 Idaho Access Tariff PUC No. 9 Original Page 62 Effective Date: May 31,2016 6.6 SECTION 6 - TELECOMMLTNICATIONS SERVICE PRIORITY, (CONT'D.) Obligations of the Company 6.6.1 The Company will allocate resources to ensure the best efforts to provide NS/EP services by the time required. 6.6.2 The Company will work TSP system services in the order of the priority level assignments. The priority sequence is as follows: Restore NS/EP services assigned restoration priority I Provision Emergency NS/EP services Restore NS/EP services assigrred restoration priority 2,3, 4 or 5 Provision NS/EP service assignment provisioning priority 1,2, 3,4 or 5. 6.6.3 The Company will work cooperatively with other providers ofNS/EP services to ensure end to end service even if only a portion ofthe service is provided by the Company. 6.6.4 TSP service will be provided in accordance with the guidelines set forth in NCS manual 3-l- 2, "Telecommunications Service Priority (TSP) System for National Security Preparedness (NSEP) Service Vendor Handbook." Advice Letter l6-01 IDal60l 6.7 Level3 Telecom of ldaho, LLC Issued by: Kristie Ince, Vice President Regulatory Affairs Idaho Access Tariff PUC No. 9 Original Page 63 ICB Effective Date: May 31,2016Isstre Date' Mav ?7 ?Ol6 SECTION 6 - TELECOMMLINICATIONS SERVICE PRIORITY, (CONT'D.) Pricing Four rate elements apply to TSP pricing: 6.7.1 Priority Installation Nonrecurring Charge applies in addition to other normal charges for the expedited installation of a TSP circuit. Per circuit ICB 6.7.2 Priority Restoration Nonrecurring Level Implementation Charge B applies when a circuit is first given a TSP restoration level. Per Circuit ICB 6.7.3 Priority Restoration Monthly maintenance Charge B applies to TSP circuits. Per Circuit, per month ICB 6.7.4 Priority Restoration Nonrecurring Level Change Charge B applies when a restoration level is modified on a TSP circuit. Per change per Circuit Advice Letter l6-01 IDal60l