20150522Tariff 3.pdf

VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 1
ACCESSSERVICES
TITLE PAGE
IDAHO TELECOMMUNICATIONS TARI FF
This tariff contains the descriptions, regulations, service standards, and rates applicable
to the furnishing of service and facilities for telecommunications services provided by
Vitcom LLC, with principaloffices a|1425 37th St., Suite 210, Brooklyn, NY 11218. This
tariff applies for services furnished within the state of ldaho. This tariff is on file with the
ldaho Public Service Commission, and copies may be inspected, during normal
business hours, at the Company's principal place of business.
VITCOM LLC
REGULATIONS AND SCHEDULE OF INTRASTATE CHARGES
APPLYING TO ACCESS SERVICES BET\A'EEN
FIXED POINTS IN THE STATE OF IDAHO
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lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 2
CHECKSHEET
Pages 1 - 74 inclusive of this tariff are effective as of the date shown. Original and revised pages, as
named below, comprise all changes from the originaltariff in effect on the date indicated.
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lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC
Check Sheet, Cont.
IDAHO TARIFF NO 3
ORIGINAL PAGE NO.3
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lssued:Effective:
Zalmen As hkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.4
ACCESSSERVICES
TABLE OF CONTENTS
CHECKSHEET
TABLE OF CONTENTS
APPLICATION OF TARIFF
TARIFF FORMAT PAGES
EXPLANATION OF SYMBOLS1. DEFINITION2. REGULATIONS2.1 Undertaking of the Company2.1.1 Scope
2.1.2 Shortage of Equipment or Facilities
2.1.3 Terms and Conditions2.1.4 Liability of the Company2.1.5 Notification of Service-AffectingActivities2.1.6 Provision of Equipment & Facilities2.1.7 Non-routinelnstallation2.1.8 SpecialConstruction2.1.9 Ownership of Facilities2.2 Prohibited Uses2.3 Obligations of the Customer2.3.1 Obligations2.3.2 Claims2.3.3 JurisdictionalReporting2.4 Customer Equipment and Channels2.4.1 ln General2.4.2 StationEquipment2.4.3 lnterconnectionof Facilities2.4.4 lnspections2.5 PaymentArrangements2.5.1 PaymentforService2.5.2 Billing and Collection of Charges2.5.3 Advance Payments2.5.4 Deposits2.5.5 Refusal and Discontinuance of Service2.5.6 Cancellation of Application for Service
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lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1'1218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 5
Paqe No.
2.
ACCESSSERVICES
TABLE OF CONTENTS (Cont.)
REGULATIONS (Cont.)2.6 Allowances for lnterruptions in Service2.6.1 Credit for lnterruptions2.6.2 Limitations on Allowances
2.6.3 Cancellation For Service lnterruption
Cancellation of Service
Transfers and Assignments
Notices and Communications
Billing Name and Address
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ORDERING OPTIONS FOR SWITCHEDACCESS SERVICE3.1 General
3.1.1 OrderingConditions
3.1.2 Provision of Other Services3.2 Access Order
3.2.1 Access Service Date lntervals
3.2.2 Access Service Request Modifications
3.2.3 Cancellation of an Access Service Request
3.2.4 Minimum Period of Service
RESERVED FOR FUTURE USE
SWITCHED ACCESS SERVICE5.1 General5.2 Provision and Description of Switched Access Service Arrangements
5.2.1 Feature Group D (FGD) Access
5.2.2 Manner of Provision
5.2.3 Rate Categories
5.2.4 Billing Validation Service
5.2.5 Design Layout Report
5.2.6 AcceptanceTesting
5.2.7 Ordering Options and Conditions
5.2.8 CompetitivePricingArrangements
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC
ACCESSSERVICES
TABLE OF CONTENTS (Cont.)
5. SWITCHEDACCESSSERVICE(Cont.)5.3 Obligations of Company
5.3.1 NetworkManagement5.4 Obligations of the Customer5.4.1 ReportRequirements5.4.2 SupervisorySignaling5.4.3 Design of Switched Access Services5.5 Switched Access Optional Features5.5.1 NonchargeableOptionalFeatures5.5.2 ChargeableOptionalFeatures
5.5.3 Feature Group D OptionalFeatures
6. RESERVEDFORFUTUREUSE
7. SWITCHEDACCESSRATES7.1 Description of Rates and Charges7.1.1 Usage Rates7.1.2 Non-recurringCharges7.2 Application of Rates7.2.1 Direct Connect7.2.2 Tandem Connect7.2.3 Toll Free 8W Transit Traffic Service7.2.4 800 Data Base Access Service Basic Query Charge7.3 Billing of Access Minutes7.4 Rates and Charges7.4.1 Servicelmplementation7.4.2 Change Charges7.4.3 CancellationCharges7.4.4 Switched Access7.4.5 ChargeableOptionalFeatures7.4.6 NonchargeableOptionalFeatures7.4.7 Feature Group D Optional Features7.5 SpecialConstruction
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 6
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lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC
ACCESSSERVICES
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the fumishing of
intrastate access service within the State of ldaho by Mtcom LLC, (hereinafter "The Company").
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 7
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
A.
B,
c.
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 9
TARIFF FORMAT PAGES
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 15 would be 14.1.
Page Revision Numbers - Revision numbers also appear in the upper right corner of each page.
These numbers are used to determine the most current page version on filed with the APSC. For
example, the 4th revised Page No. 14 cancels the 3rd revised Page No. 14. Because of various
suspension periods, deferrals, etc., the APSC follows in their tariff approval process, the most cunent
Page number on file with the Commission is not always the tariff page in effect. Consult the Check
Page No. for the Page No. currently 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.
2.1.1.4.
2.1.1.4.1.
2.1 .1.4.1.(a).
2.1 .1.4.1.(a).1.
2.1.1.A.1.(a).1.(i).
2.1 .1.4.1 .(a).1.(D. (1 ).
D. Check Pages - When a tariff filing is made with the APSC, an updated check page accompanies
the tariff filing. The check page lists the pages contained in the tariff, with a cross reference to the
current revision number. When new pages are added, the check page 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, just revised revision levels on some pages). The tariff user should refer to the
latest check page to find out if a particular page is the most current on file with the APSC.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1'1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 10
EXPLANATION OF SYMBOLS. REFERENCE MARKS. AND ABBREVIATIONS OF TECHNICAL TERMS
USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
D
I
M
N
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify a change in text but no change in rate or regulation.
R
T
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 11
ACCESS SERVICES
DEFINITIONS
Certain terms used generally throughout this tariff for the Access Services of this Company are
defined below.
Access Code: A uniform five or seven digit code assigned by the Company to an individual
customer. The five digit code has the form 10XXX, and the seven digit code has the form 950-XXXX
or 101XXXX.
Access Service: Switched Access to the network of a Canier for the purpose of originating or
term inating commun ications.
Access Service Request (ASR): The industry service order format used by Access Service
customers and access providers as agreed to by the Ordering and Billing Forum.
Access Tandem: An Exchange Carrie/s switching system that provides a concentration and
distribution function for originating or terminating traffic between local switching centers and
customers' premises.
Advance Pavment: Payment of all or part of a charge required before the start of service.
Alternate Access: Alternate Access has the same meaning as Local Access except that the provider
of the service is an entity other than the local Exchange Carrier authorized or permitted to provide
such service. The charges for Alternate Access may be specified in a private agreement rather than
in a published or specialtariff if private agreements are permifted by applicable governmental rules.
Authorized User: A person, firm, corporation or other entity that either is authorized by the Customer
to use Access Services or is placed in a position by the Customer, either through acts or omissions,
to use Access Services.
Bit The smallest unit of information in the binary system of notation.
Carrier or Common Carrier: See lnterexchange Carrier or Exchange Carrier.
Channel(s): An electrical or, in the case of fiber optic-based transmission systems, a photonic
communications path between two or more points of termination.
Common Channel Siqnalinq (CCS): A high speed packet switched communications network which is
separate (out of band) from the public packet switched and message networks. lt is used to carry
addressed signaling messages for individualtrunk circuits and/or database related services between
signaling points in the CCS network.
Companv: Vitcom LLC, a New York Limited Liability Company, which is the issuer of this tariff.
Carrier or Common Carrier: See lnterexchange Carrier or Exchange Carrier.
1
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 12
ACCESS SERVICES
DEFINITIONS (Cont.)
Conventional Siqnalinq: 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. ln this system, all of the dialed digits are received by the
originating switching machine, a path is selected, and the sequence of supervisory signals and
outpulsed digits is initiated. No overlap outpulsing ten digit ANl, ANI information digits, or
acknowledgment link are included in this signaling sequence.
Customer: The person, firm, corporation or other entity which orders Service and is responsible for
the payment of charges and for compliance with the Company's tariff regulations.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a specific
customer.
Duplex Service: Service which provides for simultaneous transmission in both directions.
800 Data Base Access Service: The term "800 Data Base Access Service" denotes a toll-free
originating Trunkside Access Service when the 8XX Service Access Code (i.e., 800, 822,833, 844,
855, 866, 877, or 888 as available) is used. The term 8)fi is used interchangeably with 800 Data
Base Service throughout this Tariff to describe this service.
End User: Any individual, association, corporation, governmental agency or any other entity other
than an lnterexchange Carrier which subscribes to intrastate service provided by an Exchange
Carrier.
Exchanqe Carrier: Any individual, partnership, association, joint-stock company, trust, governmental
entity or corporation engaged in the provision of local exchange telephone service.
Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light beam
carrying communications signals may be transmitted by means of multiple internal reflections to a
receiver, which translates the message.
Firm Order 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.
Hub: The Company office where all customer facilities are terminated for purposes of interconnection
to Trunks and/or cross-connection to distant ends.
lndividual Case Basis: A service arrangement in which the regulations, rates and charges are
developed based on the specific circumstances of the Customer's situation.
lnterexchanqe Carrier (lC) or lnterexchanqe Common Canier: Any individual, partnership,
association, joint-stock company, trust, governmental entity or corporation engaged in state or
foreign communication for hire by wire or radio, between two or more exchanges.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 13
Joint User: A person, firm or corporation designated by the Customer as a user of access facilities
furnished to the Customer by the Company, and to whom a portion of the charges for such facilities
are billed under a joint use arrangement.
Kbps: Kilobits, or thousands of Bits, per second.
IATA: A local access and transport 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.
Line lnformation Data Base (LIDB): The data base which contains billing information such as
telephone numbers, calling card numbers and associated billed number restriction data used in
connection with the validation and billing of calls.
LocalAccess: The connection between a customer's premises and a point of presence of the
Exchange Carrier.
Local Switchino Center: The switching center where telephone exchange service customer station
Channels are terminated for purposes of interconnection to each other and to interoffice Trunks.
Mbps: Megabits, or millions of Bits, per second.
Meet Point Billinq: The arrangement through which multiple Exchange Carriers involved in providing
Access Services, divide the ordering, rating, and billing of such services on a proportional basis, so
that each Exchange Carrier involved in providing a portion of the Access Service agrees to bill under
its respective tariff.
Network: The Company's digitalfiber optics-based network located in the Continental United States.
Network Services: The Company's telecommunications Access Services offered on the Company's
Network.
Non-Recurrinq Charqes: The one-time initial charges for services or facilities, including but not
limited to charges for construction, installation, or special fees, for which the Customer becomes
liable at the time the Service Order is executed.
Off-Hook: The active condition of Switched Access or a telephone exchange service line.
On-Hook: The idle condition of switched access or a telephone exchange service line.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 14
Out of Band Siqnalinq: 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.
Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting
to the Company's Network.
Premises: The space occupied by a Customer orAuthorized User in a building or buildings or on
contiguous property (except railroad rights-of-way, etc. ).
Presubscription: An arrangement whereby an End User may select and designate to the Company
an lnterexchange Carrier (lXC) or Caniers it wishes to access, without an Access Code, for
completing interlATA calls. The selected IXC(s) are referred to as the End Use/s Primary
lnterexchange Carrier (PlC). The End User may select any IXC that orders FGD Switched Access
Service at the Local Switching Center that serves the End User.
Recuninq Charqes: The monthly charges to the Customer for services, facilities and equipment,
which continue for the agreed upon duration of the service.
Service Commencement Date: For Direct Connect Switched Access Service, 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. lf the Company does not have an executed Service Order from a
Customer, the Service Commencement Date will be the first 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 wriften 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. The signing of a Service
Order or submission of an ASR by the Customer and acceptance thereof by the Company initiates
the respective obligations of the parties as set forth therein and pursuant to this tariff, but the duration
of the service is calculated from the Service Commencement Date.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 15
Service(s): The Company's telecommunications Access Services offered on the Company's
Network.
Shared Facilities: A facility or equipment system or subsystem which can be used simultaneously
by several customers.
Sionalino Point of lnterface: The Customer designated location where the SS7 signaling information
is exchanged between the Company and the Customer.
Siqnalinq Svstem 7 (SSn: The common Channel Out of Band Signaling protocol developed by the
Consultative Committee for lnternationalTelephone and Telegraph (CCITT) and the American
National Standards lnstitute (ANSI).
Siqnalinq Transfer Point Access: Allows the Customerto access a specialized switch which provides
SS7 network access and performs SS7 messaging routing and screening.
Switched Access Service: Access to the switched network of an Exchange Carrier for the purpose of
originating or terminating communications. Switched Access is available to carriers, as defined in this
tariff.
Trunk: A communications path connecting two switching systems in a network, used in the
establishment of an end-to-end connection.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 16
REGUIATIONS
2.1 Undertakinq of the Companv
2.1.1 Scope
Access Services consist of furnishing communications service in connection with
one-way and/or two-way information transmission between points within the State of
IDAHO under the terms of this tariff.
2.1.2 Shortaqe of Eouipment or Facilities
2.1.2.1 The Company reserves the right to limit or to allocate the use of existing
facilities, or of additional facilities offered by the Company when necessary
because of lack of facilities or due to some other cause beyond the
Company's control.
2.1.2.2 The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of
the Company's Fiber Optic Cable facilities as well as facilities the company
may obtain from other Carriers from time to time, to furnish service as
required at the sole discretion of the Company.
2.1.2.3 The provisioning and restoration of service in emergencies shall be in
accordance with Part 64, Subpart D, Appendix A of the Federal
Communications Commission's Rules and Regulations, which specifies the
priority system for such activities.
2.1.3 Terms and Conditions
2.1.3.'l 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 cancelled by the Customer, in writing, on not less than 30
days notice. Unless othenarise specified herein, for the purpose of
computing charges in this tariff, a month is considered to have 30 days.
2.1.3.2 Customers 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 rates to be charged, the duration of the services, and
the terms and conditions in this tariff. Customer will also be required to
execute any other documents as may be reasonably requested by the
Company.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 17
2.1.3 Terms and Conditions (Cont.)
2.1.3.3 At the expiration of the initialterm specified in each Service Order, or in any
extension thereof, service shall continue on a month to month basis at the
then current rates unless terminated by either party upon 30 days written
notice. Any termination shall not relieve Customer of its obligation to pay
any charges incurred under the Service Order and this tariff prior to
termination. The rights and obligations which by their nature extend beyond
the termination of the term of the Service Order shall survive such
termination.
2.1.3.4 This tariff shall be interpreted and governed by the laws of the State of
IDAHO without regard for the State's choice of laws provisions.
2.1.3.5 The Customer agrees to operate Company-provided equipment in
accordance with instructions of the Company or the Company's agent.
Failure to do so will void Company liability for interruption of service and may
make the Customer responsible for damage to equipment pursuant to
section 2.1.3.6 below.
2.1.3.6 The Customer agrees to return to the Company all Company-provided
equipment delivered to Customer within five (5) days of termination of the
service in connection with which the equipment was used. Said equipment
shall be in the same condition as when delivered to Customer, normalwear
and tear only excepted. Customer shall reimburse the Company, upon
demand, for any costs incuned by the Company due to Customer's failure to
comply with this provision.
2.1.4 Liabilitv of the Companv
2.1.4.1 The liability of the Company for damages arising out of the furnishing of its
Services, including but not limited to mistakes, omissions, interruptions,
delays, errors, other defects, or representations by the Company, or use of
these services or damages arising out of the failure to furnish the service
whether caused by act or omission, shall be limited to the extension of
allowances for interruption as set forth in 2.6 below. The extension of such
allowances for intenuption shall be the sole remedy of the Customer and the
sole liability of the Company. The Company will not be liable for any direct,
indirect, incidental, special, consequential, exemplary or punitive damages
to Customer as a result of any Company service, equipment or facilities, or
the acts or omissions or negligence of the Company's employees or agents.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO, 18
2.1.4 Liabilitv of the Company (Cont.)
2.1.4.2 The Company's liability for willful misconduct, if established as a result of
judicial or administrative proceedings, is not limited by this tariff. The
Company's liability, if any, with regard to delayed installation of Company
facilities or commencement of service, shall not exceed $1,000. With
respect to any other claim or suit, by a Customer or by any others, for
damages associated with the ordering (including the reservation of any
specific number for use with a service), installation (including delays
thereof), provision, termination, maintenance, repair interruption or
restoration of any service or facilities offered under this tariff, and subject to
the provisions of Section 2.6, the Company's liability, if any, shall be limited
as provided herein.
2.1.4.3 The Company shall not be liable for any delay or failure of performance or
equipment due to causes beyond its control, including but not limited to:
acts of God, fire, flood, explosion or other catastrophes; any law, order,
regulation, direction action, or request of The United States government or
of any other government, including state and local governments having or
claiming jurisdiction over the Company, or of any department, agency,
commission, bureau, corporation, or other instrumentality of any one or
more of these federal state, or local governments, or of any military
authority; preemption of existing service in compliance with national
emergencies; insurrections; riots; wars; unavailability of rights-of-way or
materials; or strikes, lockouts work stoppages, or other labor difficulties.
2.1.4.4 The Company shall not be liable for (a) any act or omission of any entity
furnishing the Company or the Company's Customers facilities or equipment
used for the interconnection with Access Services; or (b) for the acts or
omissions of other Common Carriers or warehousemen.
2.1.4.5 The Company shall not be liable for any damages or losses due to the fault
or negligence of the Customer or due to the failure or malfunction of
Customer-provided equipment or facilities.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 1 1218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 1
2.1.3 Liabilitv of the Companv (Cont.)
2.1.3.6 The Customer shall indemnify and hold the Company harmless from any
and all loss, claims, demands, suits, or other actions, or any liability
whatsoever, whether suffered, made, instituted, or asserted by any other
party or person(s), and for any loss, damage, or destruction of any property,
whether owned by the Customer or others, caused or claimed to have been
caused directly or indirectly by the installation, operation, failure to operate,
maintenance, removal, condition, location, or use of any installation or
equipment provided by the Company. The Company reserves the right to
require each Customer to sign an agreement acknowledging acceptance of
the provisions of this Section 2.1.4.6 as a condition precedent to such
installations.
2.1.3.7 The Company shall not be liable for any defacement of or damage to
Customers Premises resulting from the furnishing of services or equipment
on such Premises or the installation or removal thereof, unless such
defacement or damage is caused by the gross negligence or willful
misconduct of the Company's agents or employees. No agents or
employees of other participating Carriers shall be deemed to be agents or
employees of the Company.
2.1.3.8 Notwithstanding the Custome/s obligations as set forth in Section 2.3.2
below, the Company shall be indemnified, defended and held harmless by
the Customer, or by others authorized by it to use the service, against any
claim, loss or damage arising from Customer's use of services furnished
under this tariff, including: claims for libel, slander, invasion of privacy or
infringement of copyright arising from the material, data, information, or
other content transmitted via the Company's service; and patent
infringement claims arislng from combining or connecting the service offered
by the Company with apparatus and systems of the Customer or others; all
other claims arising out of any act or omission of the Customer or others, in
connection with any service provided by the Company pursuant to this tariff.
2.1.3.9 The Company shall be indemnified and held harmless by the End User
against any claim, loss or damage arising from the End Use/s use of
services offered under this tariff including: claims for libel, slander, invasion
of privacy or infringement of copyright arising from the End User's own
communications; patent infringement claims arising from the End Use/s
combining or connecting the service offered by the Company with facilities
or equipment furnished by the End User of another lnterexchange Carrier; or
all other claims arising out of any act or omission of the End User in
connection with any service provided pursuant to this tariff.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 21 0
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 2
2.1.4 Liabilitv of the Company (Cont.)
2.1.4.10
2.1.4.11
2.1.4.12
2.1.4.13
The entire liability of the Company for any claim, loss, damage or
expense from any cause whatsoever shall in no event exceed sums
actually paid to the Company by the Customer for the specific
services giving rise to the claim, and no action or proceeding
against the Company shall be commenced more than one year after
the service is rendered.
The Company makes no warranties or representation, express or
implied, including warranties or merchantability or fitness for a
particular use, except those expressly set forth herein.
The Company shall not be liable for any act or omission of any other
company or conrpanies furnishing a portion of the service, or for
damages associated with service, Channels, or equipment which
result from the operation of Customer-provided systems, equipment,
facilities or service which are interconnected with Company
services.
The Company does not guarantee nor make any warranty with
respect to service installations at locations at which there is present
an atmosphere that is explosive, prone to fire, dangerous or
otherwise unsuitable for such installations. The Customer and End
User shall indemnify and hold the Company harmless from any and
all loss, claims, demands, suits or other actions, or any liability
whatsoever, whether suffered, made, instituted or asserted by the
Customer or by any other party, for any personal injury to, or death
of, any person or persons, or for any loss, damage or destruction of
any property, whether owned by the Customer or others, caused or
claimed to have been caused directly or indirectly, by the
installation, operation, failure to operate, maintenance, removal,
presence, condition, locations or use of service furnished by the
Company at such locations.
lssued:Effective:
Zalmen Ashkenazi, P resident
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 21
The Company shall not be liable for the Customer's failure to fulfill
its obligations to take all necessary steps including, without
limitation, obtaining, installing and maintaining all necessary
equipment, materials and supplies, for interconnecting the terminal
equipment or communications system of the Customer, or any third
party acting as its agent, to the Company's Network. The Customer
shall secure all licenses, permits, rights-of-way, and other
arrangements necessary for such interconnection. ln addition, the
Customer shall ensure that its equipment and/or system or that of
its agent is properly interfaced with the Company's service, that the
signals emitted into the Company's Network are of the proper mode,
band-width, power, data speed, and signal level for the intended
use of the Customer and in compliance with the criteria set forth in
Section 2.1.6 following, and that the signals do not damage
Company equipment, injure its personnel or degrade service to
other Customer. lf the Customer or its agent fails to maintain and
operate its equipment and/or system or that of its agent properly,
with resulting imminent harm to Company equipment, personnel, or
the quality of service to other Customers, the Company, may, upon
written notice, require the use of protective equipment at the
Customer's expense.
lf this fails to produce satisfactory quality and safety, the Company
may, upon written notice, terminate the Custome/s service without
liability.
The Company shall not be liable for any act or omission concerning
the implementation of Presubscription, as defined herein.
With respect to Telecommunications Relay Service (TRS), any
service provided by Company which involves receiving, translating,
transmitting or delivering messages by telephone, text telephone, a
telecommunications device for the deaf, or any other instrument
over the facilities of Company or any connecting Carrier, Company's
liability for the interruption or failure of the service shall not exceed
an amount equal to the Company's charge for a one minute call to
the called station at the time the affected calls was made.
2.1.4.14
2.1.4.15
2.1.4.16
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 22
2.1.5 Notification of Service-Affectino Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may
include, but are not limited to, equipment or facilities additions, removals or
rearrangements and routine preventative maintenance. Generally, such activities
are not specific to an individual Customer but affect many Customers' services. No
specific advance notification period is applicable to all service activities. The
Company will work cooperatively with the Customer to determine the reasonable,
notification requirements. With some emergency or unplanned service-affecting
conditions, such as an outage resulting from cable damage, notification to the
Customer may not be possible.
2.1.6 Provision of Eouipment and Facilities
2.1.6.1 The Company shall use reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this tariff.
The Company does not guarantee avaihbility by any such date and shall not
be liable for any delays in commencing service to any Customer.
2.1.6.2 The Company shall use reasonable efforts to maintain facilities and
equipment that it furnishes to the Customer. The Customer may not, nor
may the Customer permit others to, rearrange, disconnect, remove, attempt
to repair or otherwise interfere with any of the facilities or equipment
installed by the Company, except upon the written consent of the Company.
2.1.6.3 The Company may substitute, change or rearrange any equipment or facility
at any time and from time to time, but shall not thereby alter the technical
parameters of the service provided the Customer.
2.1.6.4 Equipment the Company provides or installs at the Customer Premises for
use in connection with the services the Company offers shall not be used for
any purpose other than that for which the Company provided it.
2.1.6.5 The Customer shall be responsible for the payment of service charges
imposed on the Company by another entity, for visits to the Customer
Premises when the service difficulty or trouble report results from the use of
equipment or facilities provided by any party other than the Company,
including but not limited to the Customer.
lssued:Effective:
Zalmen As hkenazi, P resident
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 23
2.1.6 Provisions of Eouioment and Facilities (Cont.)
2.1.6.6 The Company shall not be responsible for the installation, operation, or
maintenance of any Customer provided communications equipment. Where
such equipment is connected to the facilities furnished pursuant to this tariff,
the responsibility of the Company shall be limited to the furnishing of
facilities offered under this tariff and to the maintenance and operation of
such facilities. Notwithstanding the above, the Company shall not be
responsible for:
(a) the transmission of signals by Customer-provided
equipment or for the quality of, or defects in, such
transmission;
(b) the reception of signals by Customer-provided equipment;
or
(c) network controlsignaling where such signaling is performed
by Customer-provided network control signaling equipment.
2.1.6.7 The Company intends to work cooperatively with the Customer to develop
network contingency plans in order to maintain maximum network capability
following natural or man-made disasters which affect telecommunications
services.
2.1.6.8 The Company reserves the reasonable right to assign, designate or change
telephone numbers, any other call number designations associated with
Access Services, or the Company serving central office prefixes associated
with such numbers, when necessary in the conduct of its business.
2.1.7 Non-routinelnstallation
At the Custome/s request, installation and/or maintenance may be perfonned
outside the Company's regular business hours or in unusual locations. ln such
cases, charges based on cost of the actual labor, material, or other costs incurred byor charged to the Company will apply. lf installation is started during regular
business hours but, at the Customer's request, extends beyond regular business
hours into time periods including, but not limited to, weekends, holidays, and/or night
hours, additional charges may apply.
Zalmen Ashkenazi, P resident
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 24
ACCESS SERVICES
2. REGUI-ATIONS (Cont.)
2.1 Undertakinq of the Comoanv (Cont.)
2.1.8 SpecialConstruction
Subject to the arrangement of the Company and to all of the regulations contained in
this tariff, special construction of facilities may be undertaken on a reasonable efforts
basis at the request of the Customer. Special construction is that construction
undertaken and characterized by one or more of the following:
(a) where facilities are not presently avaihble and there is no other requirement
for the facilities so constructed;
(b) of a type other than that which the Company would normally utilize in the
furnishing of its services;
(c) where facilities are to be installed over a route other than that which the
Company would normally utilize in the furnishing of its services;
(d) where facilities are requested in a quantity greater than that which the
Company would normally construct;
(e) where installation is on an expedited basis;
(f) on a temporary basis until permanent facilities are available;
(g) installation involving abnormalcosts; or
(h) in advance of its normal construction schedules.
Special construction charges for Switched Access Service will be determined as
described in Section 7.5.1, following.
2.1.9 Ownership of Facilities
Title to allfacilities provided in accordance with this tariff remains in the Company, its
agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose orfor
any use as to which the Customer has not obtained all required governmental
approvals, authorizations, licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's
offerings for resale and/or for shared use to file a letter with the Company confirming
that their use of the Company's offerings complies with relevant laws and FPSC
regulations, policies, orders, and decisions; and if the reseller intends to provide
intrastate services, is certified with the ldaho Public Service Commission.
2.2.3 The Company may require a Customer to immediately shut down its transmission of
signals if said transmission is causing interference to others.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 25
2.3.1 The Customer shall be responsible for:
(a) the payment of all applicable charges pursuant to this tariff;
(b) reimbursing the Company for damage to, or loss of, the Company's facilities
or equipment caused by the acts or omissions of the Customer; or the
noncompliance by the Customer with these regulations; or by fire or theft or
other casualty on the Customer Premises, unless caused by the negligence
or willful misconduct of the employees or agents of the Company. The
Company will, upon reimbursement for damages to its facilities or
equipment, cooperate with the Customer in prosecuting a claim against the
person causing such damage and the Customer shall be subrogated in the
Company's right of recovery of damages to the extent of such payment;
(c) providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment, space, and power to operate Company
facilities and equipment installed on the Customer Premises, and the levelof
heating and air conditioning necessary to maintain the proper operating
environment on such Premises;
(d) obtaining, maintaining, and otherwise having full responsibility for all
rights-of-way and conduit necessary for installation of fiber optic cable and
associated equipment used to provide Access Services to the Customer
from the cable building entrance or property line to the location of the
equipment space described in 2.3.1(c) above. Any costs associated with
obtaining and maintaining the rights-of-way described herein, including the
costs of altering the structure to permit installation of the Company-provided
facilities, shall be borne entirely by, or may be charged by the Company to,
the Customer. The Company may require the Customer to demonstrate its
compliance with this subsection prior to accepting an order for service;
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 25
2.3.1 The Customer shall be responsible for: (Cont.)
(e)providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the Premises at which Company
employees and agents shall be installing or maintaining the Company's
facilities and equipment. The Customer may be required to install and
maintain Company facilities and equipment within a hazardous area if, in the
Company's opinion, injury or damage to the Company employees or
property might result from installation or maintenance by the Company. The
Customer shall be responsible for identifying, monitoring, removing, and
disposing of any hazardous material (e.9. friable asbestos) prior to any
construction or installation work;
complying with all laws and regulations applicable to, and obtaining all
consents, approvals, licenses, and permits as may be required with respect
to, the location of Company facilities and equipment in any Customer
Premises or the rights-of-way for which Customer is responsible for
obtaining under Section 2.3.1(d) above; and granting or obtaining
permission for Company agents or employees to enter the Customer
Premises at any time for the purpose of installing, inspecting, maintaining,
repairing, or upon termination of service as stated herein, removing the
facilities or equipment of the Company; and
not creating or allowing to be placed or maintained any liens or other
encumbrances on the Company's equipment or facilities.
(g)
2.3.2 Claims
(0
(a)
(b)
With respect to any service or facility provided by the Company; Customer shall
indemnify, defend and hold harmless the Company from all claims, actions,
damages, liabilities, costs, and expenses, including reasonable attorneys'fees for:
any loss, destruction or damage to property of the Company or any third
party, or the death of or injury to persons, including, but not limited to
employees or invitees of either the Company or the Customer, to the extent
caused by or resulting from the negligent or intentional act or omission of the
Customer, its employees, agents, representatives or invitees,
any claim, loss, damage, expense or liability for infringement of any
copyright, patent, trade secret, or any proprietary or intellectual property
right of any third party, arising from any act or omission by the Customer,
including, without limitation, use of the Company's services and facilities in a
manner not contemplated by the agreement between the Customer and the
Company.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 27
Oblioations of the Customer (Cont.)
2.3. 3 Jurisdictional Reportinq
2.3.3.1 Percent lnterstate Usaqe (PlU):
The jurisdictional reporting requirements will be as specified below. When
a Customer orders Access Service via an Access Service Request (ASR),
the Customer must provide the Company with a report of its Projected
Percent lnterstate Usage (PlU). ln addition, the Customer must provide
the Company with an auditable PIU report in each calendar quarter
following installation of service. The Customer must provide the PIU
report in whole numbers. The PIU report will be used by the Company to
apportion the Customer's use and/or charges between interstate and
intrastate service. lf the Customer fails to provide the required PIU report,
the PIU factor will be determined as set forth in 2.3.3.1.1 below and shall
not be retroactively adjusted if the Customer provides the factor at a later
date.
2.3.3.1.',|Effective on the first of January, April, July and October of
each year the Customer shall update the PIU factor and
report the result to the Company (Quarterly PIU Report).
The Quarterly PIU Report will be based on the Customer's
traffic in preceding 3-month period (calendar quarter)
ending the last day of December, March, June and
September (calendar quarter), respectfully, and shall serve
as the basis of the PIU factor to be used for the next
calendar quarter.
2.3.3.1.1.1|f the Customer does not provide the Company
a Quarterly PIU Report, the Company will
assume the PIU factor to be the same as
specified in the Quarterly PIU Report most
recently provided by the Customer. lf a
Customer has never provided the Company a
Quarterly PIU Report or the Customer is a new
customer, the Company will assume the PIU
factor to be the same as specified in the
Access Service Request, except, of the
Company can reasonably determine jurisdiction
by the Customer's monthly call detail, the
Company will determine the Customers' PIU on
a monthly basis. lf a Customer has never
provided the Company a Quarterly PIU Report
and has never provided a PIU factor in a
Access Service Request, the Company will set
the Customer's PIU factor on a default basis as
50 percent interstate and 50 percent intrastate
traffic for the next calendar quarter.
2.3
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 21 0
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
ACCESS SERVICES
2. REGUI-ATIONS (Cont,)
2.3 Obliqations of the Customer (Cont.)
2.3.3.1 Percent lnterstate Usaqe (PlU) (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 28
2.3.3.1.2 Oriqinatinq Access: Originating access minutes may be based on traffic
originating at the State, I-ATA or Local Switching Center level, provided that the
traffic being measured is only traffic originating from the Company Local
Switching Center(s). Originating access minutes will be measured as follows,
based on type of access:
2.3.3.1.2.1 For Feature Group D Switched Access Service(s), as defined in
Section 5.2.1, where the Company can determine jurisdiction by it's
call detail, the projected Percent lnterstate Usage (PlU) will be
developed by the Company on a monthly basis by dividing the
measured interstate originating access minutes by the total
originating access minutes.
2.3.3.1.2.2 For Feature Group D with 950 Access, as defined in Section
5.5.3.1, the Customer must provide the Company with a projected
PIU factor by supplying the Company with an interstate percentage
of originating access minutes.
2.3.3.1.2.3 For 500, 700, 8XX, calling card and operator service access, the
Customer must provide the Company with a projected PIU factor
for each type of access. The Customerwho provides a PIU factor
shall supply the Company with an interstate percentage of
originating access minutes. The PIU factor will be used to
determine the jurisdiction for billing purposes of 500, 700, Toll
Free 8W, Toll Free 8W Transit Traffic Service, calling card
and operator service access. The Company will apply the PIU
filed by Customer for Toll Free 8W to the 8W Transit Traffic
delivered to Customer.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 29
ACCESS SERVICES
REGUI.ATIONS
2.3 Oblioations of the Customer (Cont.)
2.3.3 JurisdictionalReportinq(Cont.)
2.3.3.1 Percent lnterstate Usaqe (PlU) (Cont.)
2.3.3.1.3 Terminatinq Access: For Feature Group D Switched
Access Service(s), the Customer must provide the
Company with a projected PIU factor by supplying the
Company with an interstate percentage of terminating
access minutes on a quarterly basis, as described in
Sections 2.3.3.1.
2.3.3.2 Percent Local Usaqe Usaqe (PLU): The jurisdictional reporting
requirements will be as specfied below. When a Customer orders
Access Service via an Access Service Request (ASR), the Customer must
provide the Company with a report of its Projected Percent Local Usage
(PLU). ln addition, the Customer must provide the Company with an
auditable PLU report in each calendar quarter following installation of
service. The Customer must provide the PLU report in whole numbers.
The PLU report will be used by the Company to apportion the Customer's
use and/or charges between interstate and intrastate service. lf the
Customer fails to provide the required PLU report, the PLU will be
determined as set forth in 2.3.3.2.1 below and shall not be retroactively
adjusted if the Customer provides the factor as a later date.
2.3.3.2.1 Effective on the first of January, April, July and October of each
year the Customer shall update the PLU factor and report the
result to the Company (Quarterly PLU Report). The Quarterly
PLU Report will be based on the Customer's traffic in preceding
3-month period (calendar quarter) ending the last day of
December, March, June and September (calendar quarter),
respectfully, and shall serve as the basis of the PLU factor to
be used for the next calendar quarter.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
ACCESS SERVICES
2. REGULATIONS
2.3 Oblioations of the Customer (Cont.)
2.3.3 Jurisdictional Reportino (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 30
2.3.3.2 Percent LocalUsaqe (PLU): (Cont.)
2.3.3.2.1 lf the Customer does not provide the Company a Quarterly PLU
Report, the Company will assume the PLU factor to be the same as specified
in the Quarterly PLU Report most recently provided by the Customer. lf a
Customer has never provided the Company a Quarterly PLU Report or the
Customer is a new customer, the Company will assume the PLU factor to be
the same as specified in the Access Service Request, except, of the
Company can reasonably determine jurisdiction by the Customer's monthly
call detail, the Company will determine the Customers' PLU on a monthly
basis. lf a Customer has never provided the Company a Quarterly PLU
Report and has never provided a PLU factor in a Access Service Request,
the Company will set the Customer's PLU factor on a default basis as 50
percent interstate and 50 percent intrastate traffic for the next calendar
quarter.
2.3.3.3 Jurisdictional Reports Verification: For Switched Access Service, if a
billing dispute arises or a regulatory commission questions the projected
PIU factor, the Customer will provide the data issued to determine the
projected PIU factor. The Customer will supply the data within 30 days of
the Company request.
The Customer shall keep records of call detail from which the percentage
of interstate and intrastate use can be ascertained and, upon request of the
Company, shall make the records available for inspection as reasonably
necessary for purposes of verification of the percentages.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
VITCOM LLC
ACCESS SERVICES
2. REGULATIONS (Cont.)
2.3 Oblioations of the Customer (Cont.)
2.3.3 Jurisdictional Reportinq (Cont.)
2.3.3.3 J u risd ictional Reports Verif ication (Cont. ) :
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 31
2.3.3.3.1 The Company reserves the right to conduct an audit of the Customer's PIU
Report and PLU Report. The Company and/or the customer may request
an audit of the PIU Report or the PLU Report within 6 months of the
Company's receipt the PIU Report and/or PLU Report, as applicable. Such
request must be made on no less than ten days wriften notice to the other
party. Audits shall be conducted during normal business hours at the office
of the party being audited. Such audit must be performed by an
independent auditor mutually agreed to by the parties. lndependent auditor
cost will be paid for by the party which requests the audit.
2.3.3.4 ldentification and Ratinq of Vo|P-PSTN Traffic
2.3.3.4.1 Scope
2.3.3.4.1.1 Vo|P-PSTN Traffic is defined as traffic exchanged between a Vitcom end
user and the customer in time division multiplexing ('TDM') format that
originates and/or terminates in lnternet protocol ("1P") format. This section
governs the identification of Vo|P-PSTN Traffic that is required to be
compensated at interstate access rates by the Federal Communications
Commission in its Report and Order in WC Docket Nos. 10-90, etc., FCC
Release No. 11-161 (Nov. 18,2011) ("Order"), as modified by its Second
Order on Reconsideration, FCC Release No. 12-47 (Apr. 25, 20'12),
and as codified in 47 C.F.R S 51.319 ("Reconsideration Orde/'), and
unless Vitcom and the Customer have agreed I otherwise. Specifically,
this section establishes the method of separating such traffic (referred to in
this tariff as "Relevant Vo|P-PSTN Traffic") from the customer's traditional
intrastate access traffic, so that such Relevant Vo|P-PSTN Traffic can be
billed in accordance with the FCC Orders.
2.3.3.4.1.2 This section will be applied to the billing of switched access
charges to a customer that is a local exchange carrier only to
the extent that the customer has also implemented billing of
interstate access charges for Relevant VolP-PSTN Traffic in
accordance with the FCC Orders.
Zalmen Ash kenazi, P resident
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
ACCESS SERVICES
2. REGULATIONS (Cont.)
2.3 Obliqations of the Customer (Cont.)
2.3.3 Jurisdictional Reportinq (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 32
2.3.3.4 ldentification and Ratinq of VolP-PSTN Traffic (Cont.)
2.3.3.4.2 Ratinq of Vo|P-PSTN Traffic
The Relevant VolP-PSTN Traffic identified in accordance with this tariff Section will be
billed at rates equal to the Vitcom's applicable tariffed interstate switched access rates
as specified in Tariff FCC No. 1. lntrastate access minutes of use not required to be
billed at interstate rates pursuant to this Section 2.3.3.4 will be billed in accordance
with the other rate provisions of this Tariff (absent an agreement between Vitcom and
the customer on a different compensation mechanism).
2.3.3.4.3 Calculation and Application of Percent-VolP-Usaqe Factor
Vitcom will determine the number of Relevant Vo|P-PSTN Traffic minutes of use
("MOU') to which interstate rates will be applied under subsection 2.3.3.4.2, above,
through the use of a Percent VolP Usage ('PVU') factor, which in turn will be based
on a PVU-C factor and a PVU-V factor. These factors will be derived and applied
as set forth below. The PVU-V and PVU-C factors will be based on information
such as the number of Vitcom' or the customer's retail VolP subscriptions in the
state (e.9., as reported on FCC Form 477), traffic studies, actual call detail, or
other relevant and verifiable information.
2.3.3.4.3.1 For the period from December 29,2011 through July 12, 2012, andfor
the period on and after July 1,2014:
(a) The customer will calculate and furnish to Vitcom PVU-C factor
representing the percentage of the total access MOU that the
customer exchanges with Vitcom in the State that (a) is sent to
Vitcom and that originated in lP format; or (b) is received from
Vitcom and terminated in lP format. A PVU-C factor for the period
December 29, 2011 through July 12,2012 must be submitted by
April 15, 2012, in order to apply retroactively to December 29,
2011. A PVU-C factor for the period on and after July 1,2014 will
be submifted by June 1,2014.
(b) The Company will, likewise, calculate PVU-V factors for lthe two
periods representing the percentage of Vitcom' total access MOU in
the State that Vitcom originates or terminates on its network in lP
format, and will begin applying those PVU-V factors to the calculation
of the PVU factor as of December 29, 201'land July 1, 2014,
respectively.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
ACCESS SERVICES
2. REGUIATIONS (Cont.)
2.3 Oblioations of the Customer (Cont.)
2.3.3 Jurisdictional Reportinq (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 33
2.3.3.4 ldentification and Ratinq of VolP-PSTN Traffic (Cont.)
2.3.3.4.3 Calculation and Application of Percent-VolP-Usaqe Factor (Cont.)
2.3.3.4.3.2 For the period from July 13,2012 through June 30, 2014:
(a) The customer will calculate and furnish to Vitcom,
before July 1,2012, a PVU-C factor representing the
percentage of the total access MOU sent by the customerto Vitcom in the State that the customer originates
in lP format. lf the customer submitted a PVU-C factor under
Section 2.3.3.4.3.1(a) and does not furnish a new factor under this
Section 2.3.3.4.3.2(a), Vitcom will use that previously submitted
factor as the PVU-C for purposes of this subsection 2.3.3.4.3.2(a).
(b) Vitcom will, likewise, calculate a PVU-V factorfor this Period
representing the percentage of Vitcom's total terminating access
MOU in the State that Vitcom terminates on its network in lP format,
and will begin applying that PVU-V factor to the calculation of the
PVU factor as of July 13,2012.
2.3.3.4.3.3 The PVU factor will be calculated as the sum of: (A) the PVU-C
factor and (B) the PVU-V factor times (100o/o minus the PVU-C
factor).
2.3.3.4.3.4 For the period from December 29,2011 through July 12, 2012 and for
the period on and after July 1,2014, Vitcom will apply the PVU to the
total intrastate access MOU exchanged with the customer to determine
the number of such minutes that will be billed at the applicable
interstate switched access rates. For the period from July 13, 2012
through June 30, 2014, Vitcom will apply the PVU factor to the total
terminating intrastate access MOU received from the customer, and
the resulting number of minutes will be billed at terminating interstate
access rates.
Example 1: For February 2013, the PVU-V is 10% and the PVU-C is
40%. The PVU factor is equal lo 40o/o + (10% x 60%) = 460/o. Vitcom
will bill 46% of the customer's terminating intrastate access MOU at its
tariffed interstate rates.
lssued:Effective:
Zalmen Ash kenazi, P resident
Vitcom LLC
1425 37th St., Suite 21 0
Brooklyn, NY 11218
VITCOM LLC
2. REGUIATIONS (Cont.)
2.3 Obliqations of the Customer (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO.34
ACCESS SERVICES
2.3.3 Jurisdictional Reportinq (Cont.)
2.3.3.4 ldentification and Ratino of VolP-PSTN Traffic (Cont.)
2.3.3.4.3 Calculation and Application of Percent-VolP-Usaoe Factor (Cont.)
2.3.3.4.3.4 (Cont.)
Example 2: For September 2014,hhe PVU-V is 10% and the PVU-C
is 0%. The PVU factor is 0% + (100% x 10%) = 10o/o.
Vitcom will bill 10Yo of the customer's intrastate access MOU at the
Vitcom' tariffed interstate switched access rates (originating or
terminating as applicable).
Example 3: For a period after December 29, 2011 and prior to
C July 13,2012, the PVU-C is 100%. No matter what the PVU-V factor
is, the PVU is 100%. Vitcom will bill 100% of the T customer's
intrastate access MOU at Vitcom'tariffed interstate switched access
rates (originating or terminating, as applicable).
2.3.3.4.4 lnitial PVU Factor and PVU Factor Chanqes
2.3.3.4.4.1 lf the PVU factor for the period from December 29, 2011 to
July 12,2012, is not available and/or cannot be implemented in Vitcom'
billing systems by December 29,2011, once that factor is available and
can be implemented Vitcom will adjust the customer's bills to reflect that
PVU retroactively to December 29,201'1. ln calculating the initialPVU,
to be applied from December 29, 2011 lo July 12,2012, Vitcom will take
the customer-specified PVU-C into account retroactively to December
29,2011, provided thatthe customer provides the factor to the Company
no later than April 15,2012.
2.3.3.4.4.2 The customer may submit an updated factor quarterly using the
methodology set forth in subsection 2.3.3.4.3"1 or 2.3.3.4.3.2, above, as
applicable. lf the customer chooses to submit such updates, it shall
forward to Vitcom, no later than 15 days after the first day of January,
April, July and/or October of each year, a revised PVU-C factor based on
data for the prior three months, ending the last day of December, March,
June and September, respectively. Vitcom will use the revised PVU-C to
calculate a revised PVU. The revised PVU factor will apply prospectively
and serve as the basis for billing until superseded by a new PVU.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
REGUIATIONS (Cont.)
2.3 Obliqations of the Customer (Cont.)
2.3.3 Jurisdictional Reportinq (Cont.)
2.3.3.4 ldentification and Ratinq of VolP-PSTN Traffic (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 35
2.3.3.4.5 PVU Factor Verification
Not more than twice in any year, Vitcom may ask the customer to verifo the PVU-C
factor furnished to Vitcom and customer may ask Vitcom to verify the PVU-V
factor and the calculation of the PVU factor. The party so requested shall comply,
and shall reasonably provide the records and other information used to determine
the respective PVU-C and PVU-V factors.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.36
Customer Equioment and Channels
2.4.1 ln General
A Customer may transmit or receive information or signals via the facillties of the
Company.
2.4.2 StationEouipment
2.4.2.1 The Customer is responsible for providing and maintaining any terminal
equipment on the Customer Premises. The electric power consumed by
such equipment shall be provided by, and maintained at the expense of, the
Customer. All such terminal equipment must be registered with the FCC
under 47 C.F.R., Part 68 and all wiring must be installed and maintained in
compliance with those regulations. The Company will, where practicable,
notify the Customer that temporary discontinuance of the use of a service
may be required; however, where prior notice is not practicable, nothing
contained herein shall be deemed to impair the Company's right to
discontinue forthwith the use of a service temporarily if such action is
reasonable under the circumstances. ln case of such temporary
discontinuance, the Customer will be promptly notified and afforded the
opportunity to correct the condition which gave rise to the temporary
discontinuance. During such period of temporary discontinuance, credit
allowance for service interruptions as set forth in Section 2.6 following is not
applicable.
2.4.2.2 fhe Customer is responsible for ensuring that Customer-provided
equipment connected to Company equipment and facilities is compatible
with such equipment and facilities. The magnitude and character of the
voltages and currents impressed on Company-provided equipment and
wiring by the connection, operation, or maintenance of such equipment and
wiring shall be such as not to cause damage to the Company-provided
equipment and wiring or injury to the Company's employees or other
persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer's
expense.
2.4
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 37
Customer Equioment and Channels (Cont.)
2.4.3 lnterconnection of Facilities
2.4.3.1 Any special interface equipment necessary to achieve compatibility between
the facilities and equipment of the Company used for furnishing Access
Services and the Channels, facilities, or equipment of others shall be
provided at the Custome/s expense.
2.4.3.2 Access Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with,
the terms and conditions of the tariffs of the other communications carriers
which are applicable to such connections.
2.4.4 lnspections
2.4.4.1 Upon reasonable notification to the Customer, and at reasonable times, the
Company may make such tests and inspections as may be necessary to
determine that the Customer is complying with the requirements set forth in
Section 2.4.2.2 for the installation, operation, and maintenance of
Customer-provided facilities, equipment, and wiring in the connection of
Customer-provided facilities and equipment to Company-owned facilities
and equipment. No credit will be allowed for any interruptions occurring
during such inspections.
2.4.4.2 lf the protective requirements for Customer-provided equipment are not
being complied with, the Company may take such action as it deems
necessary to protect its facilities, equipment, and personnel. The Company
will notify the Customer promptly if there is any need for further corrective
action. Within ten days of receiving this notice, the Customer must take this
corrective action and notify the Company of the action taken. lf the
Customer fails to do this, the Company may take whatever additional action
is deemed necessary, including the suspension of service, to protect its
facilities, equipment, and personnel from harm. The Company will, upon
request 24 hours in advance, provide the Customer with a statement of
technical parameters that the Customer's equipment must meet.
Pavment Arranqements
2.5.1 Pavment for Service
The Customer is responsible for payment of all charges for services and facilities
furnished by the Company to the Customer or its Joint orAuthorized Users.
2.4
2.5
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 38
2.5.1 Pavment for Service (Cont.)
2.5.1.1 Taxes
The Customer is responsible for the payment of any sales, use, gross
receipts, excise, access or other local, state and federal taxes, charges or
surcharges (however designated) excluding taxes on the Company's net
income imposed on or based upon the provision, sale or use of Access
Services. All such taxes shall be separately designated on the Company's
invoices. Any taxes imposed by a localjurisdiction (e.9., county and
municipaltaxes) will only be recovered from those Customers located in
the affected jurisdictions. lf an entity other than the Company (e.9.
another carrier or a supplier) imposes charges on the Company, in
addition to its own internal costs, in connection with a service for which the
Company's Non-Recurring Charge is specified, those charges will be
passed on to the Customer. lt shall be the responsibility of the Customer
to pay any such taxes that subsequently become applicable retroactively.
2.5.1.2 A surcharge is imposed on all charges for service originating at addresses in
states which levy, or assert a claim of right to levy, a gross receipts tax on
the Company's operations in any such state, or a tax on interstate access
charges incuned by the Company for originating access to telephone
exchanges in that state.l This surcharge is based on the particular state's
receipts tax and other state taxes imposed directly or indirectly upon the
Company by virtue of, and measured by, the gross receipts or revenues of
the Company in that state and/or payment of interstate access charges in
that state. The surcharge will be shown as a separate line item on the
Customer's monthly invoice.
lPending the conclusion of any challenge to a jurisdiction's right to impose a gross receipts tax the
Company may elect to impose and collect a surcharge covering such taxes, unless otherwise constrained by
court order or direction, or it may elect not to impose and collect the surcharge. lf it has collected a surcharge
and the challenged tax is found to have been invalid and unenforceable, the Company, in its sole discretion,
will either reduce service rates for a fixed period of time in the future in order to flow - through to Customers
an amount equivalent to the funds collected or it willcredit or refund such amounts to affected Customers
(less its reasonable administrative costs), if the funds collected were retained by the Company or if they were
delivered over to the taxing jurisdiction and later returned to the Company, or negotiate an arrangement with
the taxing jurisdiction that benefits Customers in the jurisdiction in the future.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 39
The Company shall bill on a current basis all charges incurred by, and credits due
to, the Customer under this taritf attributable to services established, provided, or
discontinued during the preceding billing period. All bills for services provided to or
on behalf of the Customer by the company are due in immediately funds.
2.5.2.1 Non-Recurring Charges are payable when the service for which they are
specified has been performed. Recurring Charges which are not
dependent on usagera/ll b-e billed in advanced of the month in which
service is provided. The Company bill Non-Recurring Charges and
Recurring Charges monthly to the Customers.
2.5.2.2 All Charges are due and payable within 30 days after the invoice date.
2.5.2.2.1 lf the payment due date would cause payment to be due
on a Saturday, Sunday or Holiday (New Year's Day,
lndependence Day, Labor Day, Thanksgiving Day,
Christmas Day, or any day which is a legally observed
Federal government Holiday), the payment due date shall
be as follows:
2.s.2.2.1.1 lf the payment due date falls on a
Sunday or on a Holiday which is
observed on Monday, the
payment date shall be the first
non-Holiday day following that
day, and;
lf the payment due date falls on a
Saturday or on a Holiday which is
observed on Tuesday,
Wednesday, Thursday or Friday,
the payment date shall be the last
non-Holiday day following such
Saturday or Holiday.
2.5.2.3 When service does not begin on the first day of the month, or end on the last
day of the month, the charge for the fraction of the month in which service
was furnished will be calculated on a pro-rata basis, based on a thirg-day
month.
2.5.2.4 Billing of the Customer by the Company will begin on the Service
Commencement Date. Billing accrues through and includes the day that the
service, circuit, arrangement or component is discontinued.
2.5.2.2.1.2
Zalmen Ash kenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.40
2.5.2.5 Amounts not paid within 30 days after the date of invoice will be
considered past due and subject to the following late payment provisions.
2.5.2.5.1Late Payment Charges: lf (i) no payment is received by the
Company from the Customer, (ii) a partial payment of the amount
due is received by the Company after the payment due date
and/or (iii) payment is received by the Company in funds that are
not immediately available to the Company, a late payment charge
shall be applied. The late payment charge will be a amount equal
to the lessor of the following:
2.5.2.5.1.1 The highest interest rate which may be levied by
law for commercial transactions, compounded
daily for each day from the payment due date
through and including the date the Customer
makes payment to the Company; or,
2.5.2.5.1.2 .0005 percent of the amount due compounded
daily, for each day from the payment due date
through and including the date the Customer
makes payment to the Company. Calculation by
this method yields an 18 percent annual
percentage rate.
lnterest shall not be assessed on any previously
assessed late payment charges.
lf the Company becomes concerned at any time
about the ability of a Customer to pay its bills, the
Company may require that the Customer pay its
bills within a specified number of days less than
30 days
after the date of the invoice and make such
payments in cash or the equivalent of cash.
lf a service is disconnected by the Company in
accordance with Section 2.5.5 following and later
restored, restoration of service will be subject to
all applicable installation charges.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.41
2.5.2.6 Billinq Dispute: The Customer shall notify the Company of any disputed
items on an invoice within 90 days of receipt of the invoice. lf the
Customer and the Company are unable to resolve the dispute to their
mutual satisfaction, the Customer may file a complaint with the IDAHO
Public Service Commission in accordance with the Commission's rules of
procedure. lf the customer disputes a bill, the Customer must document
its claim to the Company in writing. For purposes of this tariff, the dispute
date is the date on which the Customer presents sufficient documentation
to support a claim.
2.5.2.6.1 Sufficient documentation consists of, but is not limited to,
the following information, where such information is
relevant to the dispute and available to the Customer:
The nature of the disoute (i.e.. alleoed incorrect rate.
alleoed incorrect mini.rtes dt uSe. elc.). includino the'
basis for the Customer's belief that ttie bill is indorrect;
The type of usage (i.e., originating or terminating);
The Comoanv end office where the minutes of use
originated or lerminated (if applicable);
The number of minutes in dispute;
The billins account number(s) (BANs) assigned by the
Companyl
The dollar amount in dispute; The
date of the bill(s) in question;
Circuit number or comolete svstem identification and DS3svstem identification if 'the disbute concerns a Connectino
Facilitv Assionment (CFA) on'a DS1. Line number. trunk'
numb6r andJwo Six Cod'e (TSC) should also be piovided;
Purchase Order Number (PON) and dates involved (due
date or as-of date) for disputes involving order activity
and what the Cus{omer bblieve is incoriect (e.q. non:
recurrino charoe. mileaoe. circuit identificatibnf and whv
they beh-reve itlo'be inc5rrbct (not received, not ordered,
incorrect rate, etc.) For order'activitv disputes
documentation should include traffii reports, billinq cvcle,
and, is the service is shared, both mairi and shared -
service BANs. Line number, trunk number and Two Six
Code as well as end-office identification should also be
provided; and/or,
Zalmen Ashkenazi, President
Vitcom LLC
'1425371h St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.42
2.5.2.6 Billinq Dispute (Cont.)
Any other information necessary to facilitate dispute resolution.
2.5.2.6.2
lf additional information from the Customer would assist in resolvinq the
disoute. the Customer mav be reouested to orovide this informationl This
data mav include. but is n6t limiteil to. summarized usaoe data bv time of
dav. Th6 request for such additional information shall n-ot affect fhe
dispute date bstablished by this section.
The date of resolution shall be the date on which the
Comoanv comoletes its investioation of the disoute.
notifibs t6e Cultomer of the dislposition and. if tne 6ittinq
disoute is resolved in favor of the Customer. aoolies thd
crehit for the amount of the dispute resolved iri the
Customer's favor to the Customer's bill, including the
disputed amount interest credit, as appropriate.
2.5.2.6.3
ffiure snau oe suDrecl Io Ine
late oaVment charoes set forth in Section 2.5.2.5
orec'edino. The CSmoanv will resolve the disoute and
lssess ii'teregt credit's oilate payment chargbs to the
Customer as follows:
lf the disoute is resolved in favor of the
ComoanV and the Customer has oaid the
disotited'amount on or before the
oavment due date no interest credits or
lat6 payment charges will apply to the
disputed amounts.
lf the dispute is resolved in favor of the
CompanV and the Customer has withheld
the disodted amount. anv oavments
withheld oendino settlenfeht ivitl Oe
subiect to the lafe payment charge set
forth in Section 2.5.2:5.
lf the disoute is resolved in favor of the
Customeir and the Customer has oaid the
disputed amount, the Customer will
rec'eive a credit from the Companv for the
disouted amount olus interest'at a'rate of
.00b5 oercent. coinoounded dailv from
the date of payment to the resohition
date.
lf the dispute is resolved in favor of the
Customer and the Customer has withheld
the disputed amount, no interest credits or
late payment.
2.5.2.6.3.1
2.5.2.6.3.2
2.5.2.6.3.3
2.5.2.6.3.4
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.43
2.5.2 Billino and Collection of Charqes (Cont.)
2.5.2.7 Orderinq. Ratino and Billino of Access Services Where More Than One
Exchanqe Carrier is lnvolved.
All Recurring and Non-Recurring Charges for services provided by each
Exchange Carrier are billed under each Company's applicable tariffs. Under
a Meet Point Billing arrangement, the Company will only bill for charges for
traffic carried between the Company Local Switching Center and the End
User.
The multiple billing arrangement described in this section is subject to the
provisions of the Multiple Exchange Carrier Access billing Guidelines
(MECAB) and the Multiple Exchange Carrier Ordering and Design
Guidelines (MECOD), except that the Company will not bill for local
transport as described in MECAB. The Company will bill the Tandem
Connect (as defined in Section 5.3.3.1.1) rate elements as specified in this
Tarifi.
The Company must notify the Customer of: 1) the meet point option that will
be used; 2) the Carrier(s) that will render the bill(s); 3) the Carrier(s) to
whom payment should be remitted; and 4) the Carrier(s) that will provide the
bill inquiry function. The Company shall provide such notification at the time
orders are placed for Access Service. Additionally, the Company shall
provide this notice in writing 30 days in advance of any changes in the
arrangement.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.44
2.5.2 Billino and Collection of Charqes (Cont.)
2.5.2.7 Orderinq, Ratinq and Billinq of Access Services Where More Than One
Exchanqe Carrier is lnvolved (Cont.)
The Company will handle the ordering, rating and billing of Access Services
under this tariff where more than one Exchange Carrier is involved in the
provision of Access Services, as follows:
(1) The Company must receive an order for Feature Group D (FGD)
Switched Access Service, as defined herein, ordered to the
Company's Local Switching Center through a switch operated by
another Exchange Carrier.
(2) ln addition, for FGD Switched Access Service ordered to the
Company's Local Switching Center through a switch operated by
another Exchange Carrier with whom the Company has an
agreement, the Customer may be required to submit an order as
specified by the Exchange Carrier which operates the switch.
(3) Separate bills will be rendered by the Exchange Carrier for FGD
access service.
(4) Rating and Billing of Service: Each company will provide its portion
of access service based on the regulations, rates and charges
contained in its respective Access Service tariff, subject to the
following rules, as appropriate:
(a) The application of non-distance sensitive rate elements
varies according to the rate structure and the location of the
facilities involved:
(i) when rates and charges are listed on a per minute
basis, the Company's rates and charges will apply
to traffic originating from the Custome/s Premises
and terminating at the End User's premises, and
vice versa.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 12'18
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.45
2.5.3 Advance Pavments
To safeguard its interests, the Company may require in its sole discretion require
a Customer to make an Advance Payment before services and facilities are
furnished. The Advance Payment will not exceed an amount equalto the
Non-Recurring Charge(s) and one month's estimated usage charges for the
service. ln addition, where special construction is involved, the Advance Payment
may also include an amount equal to the estimated Non-Recurring charges for the
special construction and Recurring Charges (if any) for a period
to be set by agreement between the Company and the Customer. The Advance
Payment will be credited to the Custome/s initial bill. The advanced payment is
due 10 business days following the date the Company confirms acceptance of the
order, or on the application date, whichever is late. lf the advance payment is not
received by such payment date, the order may be cancelled. When the Customer
cancels an access service request, the order will be withdrawn. Any advanced
payment made will not be credited or refunded.
2.5.4 Deposits
2.5.4.1 Before the service is furnished to a Customerwhose credit has not been
duly established, the Company may at it's sole discretion require a Customer
to make a deposit to be held as a guarantee for the payment of charges. A
deposit does not relieve the Customer of the responsibility for the prompt
payment of bills on presentation. The deposit will not exceed an amount
equal to:
(a) an amount in excess of two and one-half twelfths of the estimated
charge for the service for the ensuing twelve months; or
2.5.4.2 ln the Company's sole discretion, a deposit may be required in addition to
an advance payment.
2.5.4.3 The Company shall pay interest on a deposit at the rate of seven (7) percent
per annum. lnterest on a deposit shall accrue annually and, if requested,
shall be annually credited to the customer by deducting such interest from
the amount of the next billfor service following the accrual date.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.46
2.5.4 Deposit (Cont.)
2.5.4.4 The charges set forth in this tariff for contemplate installations made in
normal locations and under normalworking conditions. Any installations to
be made under other circumstances are subject to additional charges.
2.5.4.5 When a service is discontinued, the amount of a deposit, if any, will be
applied to the Customer's account and any credit balance remaining will
be refunded. Before the service or facility is discontinued, the Company
may, at its option return the deposit or credit the Customer's account.
2.5.5 Refusal and Discontinuance of Service
2.5.5.1 Upon nonpayment of any regulated amounts owing to the Company, the
Company may, by giving requisite prior written notice to the Customer
discontinue or suspend service without incurring any liability.
2.5.5.2 Upon violation of any of the other material terms or conditions for fumishing
service the Company may, by giving 30 days' prior notice in writing to the
Customer, discontinue or suspend service without incurring any liability if
such violation continues during that period.
2.5.5.3 Upon condemnation of any material portion of the facilities used by the
Company to provide service to a Customer or if a casualty renders all or any
material portion of such facilities inoperable beyond feasible repair, the
Company, by notice to the Customer, may discontinue or suspend service
without incurring any liability.
2.5.5.4 Upon any governmental prohibition, or required alteration of the services to
be provided or any violation of an applicable law or regulation, the Company
may immediately discontinue service without incurring any liability.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
'1425 37lh St., Suite 2'10
Brooklyn, NY 1 1218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.47
2.5.5 Refusal and Discontinuance of Service
2.5.5.5 Upon the Company's discontinuance of service to the Customer under
Section 2.5.5.1 or 2.5.5.2 above, the
Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may
declare all future monthly and other charges which would have been
payable by the Customer during the remainder of the term for which such
services would have otherwise been provided to the Customer to be
immediately due and payable.
2.5.5.6 When Access Service is provided by more than one Company, the
companies involved in providing the joint
service may individually or collectively deny service to a Customer for
nonpayment. Where the Company(s) affected by the nonpayment is
incapable of effecting discontinuance of service without cooperation from the
other joint providers of Switched Access Service, such other Company(s)
will, if technically feasible, assist in denying the joint service to the
Customer. Service denial for such joint service will only include calls
originating or terminating within, or transiting, the operating territory of the
Company initiating the service denial for nonpaynent. When more than one
of the joint providers must deny service to effectuate termination for
nonpayment, in cases where a conflict exists in the applicable tariff
provisions, the tariff regulations of the company whose Local Switching
Center serves the Customer shall apply for joint service discontinuance.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.48
2.5.5 Refusal and Discontinuance of Service (Cont.)
2.5.5.7 The Company may discontinue the furnishings of any and/or all service(s) to
a Customer, without incurring
any liability:
2.5.5.7.1 lmmediately and without notice if the Company deems that
such action is necessary to prevent orto protect against fraud or to otherwise protect its
personnel, agents, facilities or services. The Company may
discontinue service pursuant to this sub-section
2.s.5.7.1.(a-f), if
The Customer refuses to furnish information to
the Company regarding the Customer's credit-
worthiness, its past or current use of Common
Carrier communications services or its planned use
of service(s); or
The Customer provides false information to the
Company regarding the Custome/s identity,
address, credit-worthiness, past or current use of
Common Carrier communications services, or its
planned use of the Company's service(s); or
The Customer states that it will not comply with a
request of the Company for security for the
payment for service(s) in accordance with Section
2.5.4.1above; or
The Customer has been given wriften notice by the
Company of any past due amount (which
remains unpaid in whole or in part) for any of the
Company's other Common Carrier communications
services to which the Customer either subscribes or
had subscribed or used; or
The Customer uses service to transmit a message,
locate a person or otherwise give or obtain
information without payment for the service; or
The Customer uses, or attempts or use, service
with the intent to void the payment, erther in whole
or in part, of the tariffed charges for the service by:
(1) Using or attempting to use service by
rearranging, tampering with, or making
connections to the Company's service not
authorized by this tariff; or(2) Using tricks, schemes, false or invalid
numbers, false credit devices, electronic
devices;or(3) Any other fraudulent means or devices; or
(a)
(b)
(c)
(d)
(e)
(f)
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.49
2.5.5 Refusal and Discontinuance of Service (Cont.)
2.5.5.7 (Cont.)
2.5.5.7.2 lmmediately upon written notice to the Customer of any
sum thirty (30) days past due;
2.5.5.7.3 lmmediately upon written notice to the Customer, after
failure of the Customer to comply with a request made by
the Company for security for the payment of service in
accordance with Section 2.5.4.1, above; or
Seven (7) days after sending the Customer written notice of
noncompliance with any provision of this tariff if the
noncompliance is not corrected within that seven (7) day
period. The discontinuance of service(s) by the Company
pursuant to this Section does not relieve the Customer of
any obligation to pay the Company for charges due and
owing for service(s) furnished up to the time of
discontinuance.
2.5.5.7.4
2.5.5.8 ln the event the Company incurs fees or expenses, including attorney's fees,
in collecting, or attempting to collect, any charges owed the Company, the
customer will be liable to the Company for the payment of all such fees and
expenses reasonably incurred.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO.50
2.5.6 Cancellation of Apolication for Service
2.5.6.1 Applications for service are noncancellable unless the Company otherwise
agrees. Where the Company permits the Customer to cancel an application
for service prior to the start of service or prior to any special construction, no
charges will be imposed except as may be specified in this Section and
Section 3.2.3.
2.5.6.2 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 shallthis
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.
2.5.6.3 The special charges described in 2.5.6.1 through 2.5.6.2 will be calculated
and applied on a case-by-case basis.
2.6 Allowances for lnterruptions in Service
lnterruptions in service which are not due to the negligence of or noncompliance with the
provisions of this tariff by, the Customer or the operation or malfunction of the facilities,
power, or equipment provided by the Customer, will be credited to the Customer as set forth
in2.6.1for the part of the service that the interruption affects.
2.6.1 Credit for lnterruptions
2.6.1.1 A credit allowance will be made when an interruption occurs because of a
failure of any component furnished by the Company under this tariff. An
interruption period begins when the Customer reports a service, facility or
circuit, to be interrupted and releases it for testing and repair. An
interruption period ends when the service, facility, or circuit is operative. lf
the Customer reports a service, facility or circuit to be inoperative but
declines to release it for testing and repair, it is considered to be impaired,
but not interrupted.
Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 51
ACCESS SERVICES
REGUI.ATIONS (Cont.)
Allowances for lnterruptions in Service (Cont.)
2.6.1 Credit for lnterruotions (Cont.)
2.6
2.6.1.2 For calculating credit allowances, every month is considered to have 30
days. A credit allowance is applied on a pro-rata basis against the rates
specified hereunder and is dependent upon the length of the interruption.
Only those facilities on the interrupted portion of the circuit will receive a
credit.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 52
2.6.1 Credit for lnterruptions (Cont.)
2.6.1.4 For Switched Access Service, no credit will be allowed for an interruption of
less than 24 hours. Afterthe fist24 hour period, a credit equal to 1/30 of
the Direct Connect facilities charges will be applied to each interruption
which is in excess of twelve hours and up to 24 hours.
2.6.2 Limitations on Allowances
No credit allowance will be made for:
(a) interruptions due to the negligence of, or noncompliance with the provisions
of this tariff by, the Customer, Authorized User, Joint-User, or other
Common Carrier providing service connected to the service of Company;
(b) interruptions due to the negligence of any person other than the Company,
including, but not limited to, the Customer or other Common Carriers
connected to the Company's facilities;
(c) interruptions due to the failure or malfunction of non-Company equipment;
(d) interruptions of service during any period in which the Company is not given
full and free access to its facilities and equipment for the purpose of investi-
gating and correcting interruptions;
(e) interruptions of service during a period in which the Customer continues to
use the service on an impaired basis;
(0 interruptions of service during any period when the Customer has released
service to the Company for maintenance purposes or for implementation of
a Customer order for a change in service arrangements;
(g) interruption of service due to circumstances or causes beyond the control of
the Company.
2.6.2.1 Use of Alternative Service Provided bv the Companv: Should the Customer
elect to use an alternative service provided by the Company during the
period that a service is interrupted, the Customer must pay the tariffed rates
and charges for the alternative service used.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 53
2.6.3 Cancellation For Service lnterruption
Cancellation or termination for service interruption is permitted only if any circuit
experiences a single continuous outage of 8 hours or more or cumulative service
credits equaling 16 hours in a continuous 12-month period. The right to cancel
service under this provision applies only to the single circuit which has been subject
to the outage or cumulative service credits.
Cancellation of Service
2.7.1 lf a Customer cancels services before the completion of the term for any reason
whatsoever other than a service interruption (as defined in Section 2.6.1 above), the
Customer agrees to pay to the Company the following sums which shall become due
and owing as of the effective date of the cancellation or termination and shall be
payable within the period set forth in Section 2.5.2: all costs, fees, and expenses
reasonably incurred in connection with 1) all Non-Recurring Charges reasonably
expended by Company to establish service to Customer, plus 2) any disconnection,
early cancellation or termination charges reasonably incurred and paid to third
parties by Company on behalf of Customer, plus 3) all Recurring Charges specified
in the applicable tariff for the balance of the then current term.
The terms and conditions specified in Section 3.2.3 will apply for cancellation of an
Access Service Request.
Transfers and Assiqnments
Neither the Company nor the Customer may assign or transfer its rights or duties in
connection with the services and facilities provided by the Company without the wriften
consent of the other party, except that the Company may assign its rights and duties (a) to
any subsidiary, parent Company or affiliate of the Company (b) pursuant to any sale or
transfer of substantially all the assets of the Company; or pursuant to any financing, merger
or reorganization of the Company.
2.7
2.8
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 54
Notices and Communications
2.9.1 The Customer shall designate on the Service Order an address to which the
Company shall mail or deliver all notices and other communications, except that the
Customer may also designate a separate address to which the Company's bills for
service shall be mailed.
2.9.2 The Company shall designate on the Service Order an address to which the
Customer shall mail or deliver all notices and other communications, except that the
Company may designate a separate address, on each bill for service, to which the
Customer shall mail payment on that bill.
2.9.3 All notices or other communications required to be given pursuant to this tariff shall
be in writing. Notices and other communications of either party, and all bills mailed
by the Company, shall be presumed to have been delivered to the other party on the
third business day following deposit of the notice, communication, or bill with the
U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
2.9.4 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
2.9
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 55
2.10 Billino Name and Address
Billing Name and Address (BNA) provides the billing name and address of an end user who
has an Automatic Number ldentification recorded by the customer (interexchange carriers,
operator service providers, enhanced service providers and any other provider of interstate
telecommunications services) for telecommunications services rendered by the customer to
its end user. The receipt of this information will allow the customer to provide its own billing
to end users who may not have established a formal relationship with the customer.
BNA is provided for the sole purpose of permitting the Customer to bill its telephonic
communications services to its end users and may not be resold or used for any other
purpose, including marketing activity such as market surveys or direct marketing by mail or
by telephone. The Customer may not use BNA information to bill for merchandise, gift
certificates, catalogs or other services or products.
2.10.1 Undertakinq of the Companv
A) All requests for information will be by facsimile.
B) The Company will specify the format in which requests are to be submifted.
C) The BNA information will be provided for the calling number furnished to the
extent a billing name and address exists in the Company's records. BNA
information will not be provided for those end users who have requested that
their BNA not be disclosed for collect and bill to third party calls.
D) The Company will provide the most current BNA information resident in its data
base. Due to normal end user account activity, there may be instances where
the BNA information provided is not the BNA that was applicable at the time
the message originated.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 56
2.10 Billino Name and Address (Cont.)
210.2 Obliqations of the Customer
A) With each order for BNA Service, the customer shall identify the authorized
individual, the address, and or the facsimile to receive the BNA information.
B) The customer shall institute adequate internal procedure to insure the BM
information, including that related to "confidential" non-published and noniisted
telephone numbers, is used only for the purpose set forth in this Tariff and that
BNA information is available only to those customers personnel or agents with
a need to know the information.
C) The customer shall not publicize or represent to others that the Company
jointly participates with the customer in the development of the custome/s end
user records accounts, databases or market data, records files and databases
or other systems it assembles through the use of Bl.lA Service.
2.10.3 Usaqe Rates
Billing Name and Address (Bl.lA) Customers will be assessed a per record rate for
each BNA record requested. This rate is billed to the customer on a monthly basis.
The BNA per record rate applies regardless of whether the requested telephone
number is available in the Telephone Company's information database.
2.10.3.1 Per Request Rate $0.75
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 57
SWITCHED ACCESS SERVICE (Cont.)
5.2 Provision and Description of Switched Access Service Arranqements
Switched Access Service is provided in the following service type:
5.2.1 Feature Group D (FGD) Access
FGD Access, which is availabb to all Customers, is provisioned at the DS1 level and
provides trunk-side access to Company Local Switching Center switches, with an
associated uniform 10XXX Access Code for the Custome/s use in originating and
terminating communications. Basic FGD service will be provided with Multi-
Frequency ln Band Signaling (SS7 is also available as a Common Switching Option
for Feature Group D). ln addition, Conventional Signaling for direct Carrier Trunk
groups is available at the Customeds option. End Users of the Custome/s service
may also originate calls to certain FGD Access Customers without dialing the 10)fiX
Access Code if the End User is presubscribed, as described herein.
The Access Code for FGD switching is a uniform Access Code of the form 10XXX.
A single Access Code will be the assigned number of all FGD access provided to the
Customer by the Company. No Access Code is required for calls to a Customer
over FGD Switched Access Service if the End User's telephone exchange service is
arranged for Presubscription to that Customer, as set forth herein.
Where no Access Code is required, the number dialed by the Custome/s End User
shall be a seven or ten digit number for calls in the North American Numbering Plan
(NANP), except for 00- dialed calls which are routed to the predesignated Customer.
For international calls outside the NANP, a seven to twelve digit number may be
dialed. The form of the numbers dialed by the Custome/s End User is NXX-)fiXX,
0 or 1 + NXX-XXXX, NPA + NXX-XXXX, 0 or 1 + NPA + NXX-XXXX, and, when the
Local Switching Center is equipped for lnternational Direct Distance Dialing (IDDD),
01 +69+NNor011 +CC+NN.
When the '1OXXX Access Code is used, FGD switching also provides for dialing the
digit 0 for access to the Customer's operator, 911 for access to the Company's
emergency service, or the end-ofdialing digit (#) for cut-through access to the
Customer's Premises.
ln addition, End Users may originate calls by dialing the 950-)fiXX Access Code
specific to a particular lnterexchange Carrier, provided that the lnterexchange
Carrier has subscribed to the Company's Feature Group D with 950 Access
Common Switching Optional Feature. lf the End User is presubscribed to that
lnterexchange Carrier, no Access Code is necessary.
5.2.2 Manner of Provision
Trunks used for Switched Access Service may be configured for one-way (either
originating only or terminating only) or for two-way directionality. lt is the Custome/s
responsibility to order a sufficient number of trunks of each type in order to meet its
desired grade of service objective. At the Customer's request, the Company will
assist the Customer in sizing Switched Access Trunk groups.
5.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 58
ACCESS SERVICES
5. SWITCHED ACCESS SERVICES (CONI.)
5.2 Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.3 Rate Cateqories
The following rate categories apply to Switched Access Service:
A. Direct Connect
B. Tandem Connect
C. 800 Data Base Access Service
D. Toll Free 8W Transit Traffic Service
E. OptionalFeatures
5.2.3.1 Except as stated as follows, Tandem Connect Service is provided in conjunction
with the tandem provider serving the area. Charges are computed in accordance
with Section 2.5.2.7 preceding (Ordering, Rating, and Billing of Access Service
Where More Than One Exchange Carrier is lnvolved).
5.2.3.1.1 Direct Connect: The Company will provide Direct Connect between the
Customer's Premises and the Company's Local Switching Center
switch(es). This transmission path is Dedicated to the use of a single
Customer. DS1 and DS3 facilities are available for Direct Connect
Service. A DSI facility is capable of transmitting electrical signals at a
nominal 1.544 Mbps, with the capability to channelize up to 24 voice
frequency transmission paths. A DS3 facility is capable of transmitting
electrical signals at a nominal 44.736 Mbps, with the capability to
channelize uplo672 voice-frequency transmission paths. For DS3
facilities, if the Company is required to install additional fiber optic
equipment for the benefit of the Customer, then the Customer has the
option to choose either an opticalor electrical interface.
When a customer purchases Direct Connect, if the number of calls over the
direct trunk has reached its maximum level, calls not able to be switched
over the direct trunks will overfloWbe routed to the customer via an ILEC
access tandem. ln that event, the customer will be assessed the Tandem
Connect rates for such calls. The Direct Connect rate is comprised of a per
minute of use charge. The Direct Connect rate can be found in Section
7.4.4.1.
lssued:Effective:
Zalmen Ashkenazi, P resident
Vitcom LLC
142537th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 59
5.2.3.1.2 Tandem Connect: Tandem Connect consists of circuits from the
Customer's tandem provider to the Company's Local Switching
Center.
Tandem Connect Charges apply on a per-minute-of-use Basis
when calls are switched by an ILEC's tandem switch to or from the
Company's Local Switching Center or are switched through a
tandem switch for which the Company pays the ILEC for the
tandem switching capability. The rate will vary based on whether
the Company pays the ILEC for leased tandem switching
capability on a call.
Rates for Tandem Connect minutes for which the Company
does not lease the tandem switching function from the ILECdo not contain the ILEC's tandem switching charge and are
denoted in the Switched Access Rates section as Tandem
Connect without Tandem Switching. Rates for Tandem Connect
minutes for which the Company does lease the tandem switching
function from the ILEC contain the ILEC's Tandem Switching
Charge and are denoted in the Switched Access Rate section as
Tandem Connect with Tandem Switching.
ACCESS SERVICES
5. SWITCHED ACCESS SERVICES (Cont.)
5.2 Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.3 Rate Cateqories (Cont.)
5.2.3.1 (Cont.)
Zalmen Ash kenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC
ACCESS SERVICES
5. SWITCHED ACCESS SERVICES (Cont.)
5.2 Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.3 Rate Cateoories (Cont.)
5.2.3.1 (Cont.)
5.2.3.1.3
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 50
800 Data Base Access Service
800 Data Base Access Service is a service offering utilizing originating
Trunk side Switched Access Service. When an 8XX + NXX + XXXX call
is originated by an End User, the Company will perform Customer
identification based on screening of the full ten-digits of the 8XX number
to determine the Customer location to which the call is to be routed.
The 800 Data Base charge, which consists of a single, fixed rate
element, applies on a per query basis.
Toll Free 8W Transit Traffic Service
Toll Free 8W Transit Traffic Service is an access service in which
the Company transports Toll Free traffic originated by a third party
that is not an end user or other user of the Company's local
exchange or exchange access service through its wire center to an
lnterexchange Carrier Customer. The connection to the
interexchange carrier can be either directly via a Direct End Office
Trunk (DEOT) from the Company's switch to the IXC or indirectly
via an ILEC tandem switch. ln addition to the 800 Database Access
Service described in Section 5.2.3.1.3 above, this service provides
for the use of the Tandem Switching, Tandem Termination, and
Tandem Transport facilities of the Company. ln a Toll Free 8W
Transit Traffic Service call, the Company will charge only for 800
Data Base Access Service Basic Query, the tandem switching,
common multiplexing and the tandem transport (termination and
facility) functionalities. No charges for the carrier common line
charge, the local switching charge nor the end office port charge
are incorporated into the rate. The rates for Toll Free 8W Transit
Traffic Service set forth in Section 7.4.4.3 are usage sensitive.
Records exchange, rating, and billing for Toll Free 8W Transit
Traffic Service is subject to the provisions of the Multiple Exchange
Carrier Access Billing Guidelines (MECAB).
5.2.3.1.4
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC
ACCESS SERVICES
5. SWITCHED ACCESS SERVICES (Cont.)
5.2 Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.3 Rate Cateqories (Cont.)
5.2.3.1 (Cont.)
5.2.3.1.4
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 51
Toll Free 8YY Transit Traffic Service (Cont.)
To the extent the Company jointly provides Toll Free 8W Transit
Traffic Service in conjunction with a third-party carrier that will bill
lnterexchange Carrier Customers of that third-party canier's switched
access service, pursuant to that third-party carrier's tariff or other
authority, for that third party carrier's portion of the total service, the
Company and third-party carrier(s) will enter into a billing agreement
with all billing carriers which is consistent with the provisions contained
in MECAB. Toll Free 8W Transit Traffic Service calls routed to an
lncumbent Local Exchange Carrier's (ILEC) Tandem Switching facility
will conform to the LATA restrictions as defined both in said ILEC's
switched access tariff and in MECAB.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 62
Noncharqeable Optional Features: Where
transmission facilities permit, the Company will, at the
option of the Customer, provide the following non
chargeable optional feature, as described in Section 5.5.1,
in association with Switched Access Service.
(a) Supervisory Signaling
Charqeable Optional Features: Where transmission
facilities permit, the Company will, at the option of the
Customer, provide the following chargeable optional
features, as described in Section 5.5.2, in association
with Switched Access Service.
(a) 800 Data Base Access Service Basic Query
(b) Signaling Transfer Point Access
Feature Group D Optional Features
Following are the various optionalfeatures that are
avaihbb in lieu of, or in addition to, the standard features
provided with Feature Group D. Optionalfeatures are
provided as Common Switching Optional Features as
described in Section 5.5.3.1.
5.2.3.1.5.1
5.2.3.1.5.2
5.2.3.1.5.3
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC
SWITCHED ACCESS SERVICES (Cont.)
5.2 Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.3 Rate Cateqories (Cont.)
5.2.3.1 (Cont.)
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 53
T
5.2.3.1.5 Switched Access Service Optional Feature
5.2.3.1.5.3 Feature Group D OotionalFeatures (Cont.)
5.2.3.1.4.3.1 Common Switchinq Optional Features:
At the Custome/s option, the following
standard features are available at the
rates specified in Section 7.4.7.1:
a) Alternate Traffic Routing
b) Automatic Number ldentification (ANl)c) CutThroughd) Service Class Routinge) Feature Group D with 950 Accessf) Signaling System Seven (SS7)g) Basic lnitialAddress Message Deliveryh) Called Directory Number Deliveryi) FlexibleAutomaticNumber
ldentification Delivery
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
'1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 54
Provision and Description of Switched Access Service Arranqements (Cont.)
5.2.4 Billinq Validation Service: The Company shall arrange to have its billing validation
data stored in one of the existing Line lnformation Databases (LIDB). lt will be the
responsibility of the Customer to identify this database through established industry
procedures and to query the billing validation data in the LIDB. Based on the
received query information, the LIDB will respond with an SS7 formatted
confirmation of validity or denial for the requested billing option. Access to LIDB
provides Customers with potential toll fraud detection.
The LIDB will contain a record for every working line number and Billed Number
Group served by the Company.
The Company will update the LIDB information on a daily basis.
LIDB service is provided on an on-line, call-by-call basis. Company data accessed
from the LIDB shall remain the sole property of the Company and may not be stored
or reproduced by the Customerfor any reason.
The Company will have procedures in place to deactivate billing validation data in
the event that it is being used fraudulently.
5.2.5 Desiqn Lavout Report: At the request of the Customer, the Company will provide to
the Customer the makeup of the facilities and services provided from the Customer's
Premises to the first point of switching. This information will be provided in the form
of a Design Layout Report. The Design Layout Report will be provided to the
Customer at no charge.
5.2.6 Acceptance Testino: At no additional charge, the Company will, at the Customer's
request, cooperatively test, at the time of installation, the following parameters: loss,
C-notched noise, C-message noise, 3-tone slope, d.c. continuity and operational
signaling.
5.2.7 Orderinq Options and Conditions: Access Service is ordered under the Access Order
provisions set forth in Section 3.2. Also included in that section are other charges
which may be associated with ordering Switched Access Service.
5.2.8 Competitive Pricinq Arranqements: Competitive pricing arrangements for Local
Transport-Entrance Facilities and Local Transport-Direcl Trunked Transport can be
furnished to meet the communication needs of specific customers on a case by case
basis under individual contract.
5.2
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 112'tB
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 65
Obliqations of Companv
ln addition to the obligations of the Company set forth in other sections of this tariff, the
Company has certain other obligations concerning the provision of Switched Access Service.
These obligations are as follows:
5.3.1 NetworkManaqement
The Company will administer its Network to ensure the provision of acceptable
service levels to all telecommunications users of the Company's Network Services.
Generally, service levels are considered acceptable only when both End Users and
Customers are able to establish connections with liftle or no delay encountered
within the Company Network. The Company reserves the right to apply protective
controls, (i.e., those actions, such as call gapping, which selectively cancel the
completion of traffic), over any traffic carried over its Network, including that
associated with a Customer's Switched Access Service. Generally, such protective
measures would only be taken as a result of occunences such as failure or overload
of Company or Customer facilities, natural disasters, mass calling or national
security demands. The Customer will notify the Company of anticipated peaked
services as stated below. Based on the information provided, the Company will work
cooperatively with the Customer to determine the appropriate level of control. ln the
event that the protective controls applied by the Company result in the complete loss
of service by the Customer, the Customer will be granted a credit allowance for
service interruption as set forth in 2.6.
When a Customer uses the Company's facilities to offer services for which a
substantial call volume or peaked service is expected during a short period of time,
the Customer must notifu the Company at least 24 hours in advance of each peak
period. For events scheduled during weekends or holidays, the Company must be
notified no later than 5:00 p.m. local time the prior business day. Notification should
include the nature, time, duration, and frequency of the event, an estimated call
volume, and the NPA NXX and line numbe(s) to be used. On the basis of the
information provided, the Company may invoke network management controls if
required to reduce the probability of excessive Network congestion. The Company
will work cooperatively with the Customer to determine the appropriate level of such
control. Failure to provide prescribed notification may result in Customer caused
Network congestion, which could result in discontinuance of service under Section
5.5 and/or damages under Section2.1.4.
5.3
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 1 1218
lssued:Effective:
VITCOM LLC
5.5
5.4
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 55
Obliqations of the Customer
ln addition to obligations specified elsewhere in this tariff, the Customer has certain specific
obligations pertaining to the use of Switched Access Service, as follows:
5.4.1 Report Requirements: When a Customer orders Switched Access Service for both
interstate and intrastate use, the Customer is responsible for providing Jurisdictional
Reports as set forth in Section 2.3.3 preceding. Charges will be apportioned in
accordance with those reports. The method to be used for determining the intrastate
charges is set forth therein.
5.4.2 Supervisorv Siqnalinq: The
Customer shall provide the
supervision.
Customer's facilities at the premises of the ordering
necessary On-Hook, Off-Hook answer and disconnect
5.4.3 Desiqn of Switched Access Services: lt is the Customeds responsibility to assure
that sufficient Access Services have been ordered to handle its traffic.
Switched Access Optional Features: Following are descriptions of the various optional
features that are available in lieu of, or in addition to, the standard features provided with the
Feature Groups for Switched Access Service.
5.5.1 NoncharqeableOptionalFeature
(a) Supervisory Sionalinq: Where the transmission parameters permit, and
where signaling conversion is required by the Customer to meet its signaling
capability, the Customer may order an optional supervisory signaling
arrangement in the form of Multi-frequency (MF) Signaling for each
transmission path.
5.5.2 CharqeableOptional Features
(a) 800 Data Base Access Service : The Customer will be charged a per query
charge based on a query of the 8XX-NXX-XXXX dialed and/or delivered to
the Customer in conjunction with 800 Data Base Access Service.
(b) Siqnalinq Transfer Point Access: The Customer will be charged a per mile
charge and a per port charge for access to a specialized switch which
provides SS7 network access and performs SS7 messaging routing and
screening. lf a Customer is connected to a third party SS7 service provider,
an additional charge, as specified in Section 7.4.5.2 will apply.
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
'1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 57
5.5.3 Feature Group D Optional Features
5.5.3.1 Common Switchinq Optional Features
Alternate Traffic Routinq: This option provides the capability of
directing originating traffic from a Local Switching Center to a direct
access Trunk group, with additionaltraffic overflowing to the access
tandem Trunk group and then to a Customer designated Premises.
Multiple Customer Premises Alternate Routing is also available
where originating traffic from a Local Switching Center is directed
via a Trunk group to a Customer designated Premises untilthat
group is fully loaded, and then additional originating traffic from the
same Local Switching Center or access tandem is delivered via a
different Trunk group to a second Customer designated Premise.
The Customer shall specify the last Trunk CCS desired for the high
use group.
Automatic Number ldentification (ANl): This option provides the
automatic in-band transmission signaling of a seven or ten digit
number and information digits to the Customer's Premises for calls
originating in the LATA for the identification of the calling station.
The ANI feature is a Local Switching Center software function which
is associated on a call-by-call basis with: 1) all individual
transmission paths in a trunk group routed directly between a Local
Switching Center and a Customer's Premises; or where technically
feasible, 2) all individual transmission paths in a Trunk group
between a Local Switching Center and an Access Tandem, and a
Trunk group between an Access Tandem and a Customer's
Premises.
The tendigit ANI telephone number is only available with Feature
Group D. The ten digit ANI telephone number consists of the
Numbering Plan Area (NPA) plus the seven digit ANI telephone
number. The ten-digit ANI telephone number will be transmitted on
all calls except those identified as multi-party line orANl failure, in
which case only the NPA will be transmitted.
a)
b)
lssued:Effective:
Zalmen Ashkenazi, P resident
Vitcom LLG
1425 37lh St., Suite 21 0
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 68
5.5.3 Feature Group D Optional Features (Cont.)
5.5.3.'t Common Switchinq Optional Features (Cont.)
CutThrouqh: This option allows End Users of the Customer to
reach the Customer's Premises by using the end of dialing digit (#)
at the end of the dialing sequence. The Company will not record
any other dialed digits for these calls.
Service Class Routing: This option provides the capability of
directing originating traffic from a Local Switching Center to a Trunk
group to a Customer designated Premises, based on the line class
of service and service prefix indicator. A domestic lnterexchange
Carrier may not order more than four different routes per Local
Switching Center or Access Tandem. An international
lnterexchange Carrier may order up to four additional routes.
Feature Group D with 950 Access: This option provides for the
routing of originating calls, dialed using a 950-10XX or 950-1XXX
Access Code, to the FGD Customer using FGD signaling protocols
and technical specifications. The Customer is responsible for
distinguishing between standard FGD calls and 9S0-dialed calls
delivered over the same trunks.
Signaling System Seven (SS7): This option provides out of band
transmission of SS7 protocol signaling information between the
Local Switching Center switching system and the Custome/s
designated Premises. Prior to installation of any SS7 circuits, the
Customer must agree to participate in SS7 certification testing. The
Company will provide a testing plan to the Customer, and reserves
the right to deny SS7 connectivity if the Custome/s circuits do not
meet the testing requirements.
d)
e)
lssued:Effective:
Zalmen As hkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 69
5.5.3 Feature Group D Optional Features (Cont.)
5.5.3.1 Common Switchinq Optional Features (Cont.)
Basic lnitial Address Message Delivery: This option permits the
following optional SS7 signaling call setup parameters: User
Service lnformation, Called Party Number, Calling Party Number,
Charge Number, Originating Line lnformation, Transit Network
Selection, Carrier Selection, Service Code and Access Transport.
Called Directory Number Delivery: This option provides the
Customer with the telephone number to which the call was directed.
The seven or ten digit number is provided as part of the in-band
transmission with MF signaling. The Called Directory Number
Delivery feature is associated on a call-by-call basis with all
individual transmission paths in a Trunk group routed from an
Access Tandem or the originating Local Switching Center. This
option is available except when FGD is provided with 950 access or
Cut-Through features.
Flexible Automatic Number ldentification Delivery: This feature is a
network enhancement to ANl. The feature is available on inbound
signaling or in the Originating Line lnformation Parameter in the
Basic lnitial Address Message Delivery optional feature for SS7
signaling. Flexible ANI will provide additional values for lnformation
lndicator (ll) digits that are associated with various classes of
service not associated with the standard ANI digits. This feature
may only be used in conjunction with ANl. The following
lnformation lndicator codes are available: ConfinemenUDetention
Facility; Outward Wide Area Telecommunications Service; Cellular
Service; Private Pay Station; and, Access for Private Virtual
Networks.
s)
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 70
ACCESSSERVICES
7. SWITCHEDACCESSRATES
This section contains the specific regulations governing the rates and charges that applyfor Switched
Access Services:
7.1 There are two types of rates and charges that apply to Switched Access Service. These are usage
rates and Non-Recurring Charges.
7 .1.1 Usaqe Rates: Usage rates are rates that are applied on a per access minute or per query
basis. Usage rates are accumulated over a monthly period.
7.1.2 Non-Recurrinq Charoes: Non-Recurring charges are one time charges that apply for a
specific work activity (i.e., installation of new service or change to an existing service).
7 .1.2.1 lnstallation of Service: Non-Recurring charges apply to each Switched Access
Service instatteO. fne charge is apptleO pei tine or Trunk.
7.2 Application of Rates
7.2.1 Direct Connect: The Direct Connect rate is assessed on a per minute of use basis. The
rate will vary based on whether the traffic is originating or terminating.
Tandem Connect rates will apply for all Direct Connect usage which overflows to the Access
Tandem.
Rates for Direct Connect are set forth in Section 7.4.4.1.
7.2.2 TandemConnect: TheTandemConnectratedescribedinSectionS.2.3.l.2isassessedon
a per minute of use basis and is applicable to alltandem routed Switched Access Service
minutes of use. The rate will vary based on whether the traffic is originating or terminating.
Rates for Tandem Connect are set forth in Section 7.4.4.2.
7.2.3 Toll Free 8W Transit Traffic Service: The Toll Free 8W Transit Traffic Service rates are
assessed on a per minute of use basis. lf the 8W call is delivered to the IXC over DEOTs,
the Toll Free 8W Direct Transit Minute of Use Rate will apply. lf the call is instead
delivered to the IXC indirectly via another LEC tandem, Toll Free 8W lndirect Transit
Minute of Use Rate will apply. These charges incorporate only the tandem switching,
and appropriate portions of common multiplexing and tandem transport functionalities into
the rate. Additionally, the 800 Data Base Basic Query Charge identified in Section 7.2.4
will apply on a per query basis.
7.2.4 800 Data Base Access Service Basic Querv Charoe: The 800 Data Base Access Service
Basic Query Charge applies for the identification of the interexchange carrier to whom a
specific 800 number is to be delivered. This charge is assessed on a per query basis.
Zalmen Ash kenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 71
ACCESSSERVICES
SWITCHED ACCESS MTES (Cont.)
7.3 Billinq of Access Minutes: When recording originating calls over FGD with multifrequency
address signaling, usage measurement begins when the first wink supervisory signal is
fonararded from the Customer's facilities. The measurement of originating call usage over
FGD ends when the originating FGD entry switch receives disconnect supervision from either
the originating End User's Local Switching Center (indicating that the originating End User
has disconnected), or the Customer's facilities, whichever is recognized first by the entry
switch.7.3
For terminating calls over FGD with multifrequency address signaling, the measurement of
access minutes begins when a seizure signal is received from the Carrier's Trunk group at
the Point of Presence within the LATA. The measurement of terminating call usage over
FGD ends when a disconnect signal is received, indicating that either the originating or
terminating user has disconnected.
When recording originating calls over FGD with SS7 signaling, usage measurement begins
with the transmission of the initial address message by the switch for direct Trunk groups and
with the receipt of an exit message by the switch for tandem Trunk groups. The
measurement of originating FGD usage ends when the entry switch receives or sends a
release message, whichever occurs first.
For terminating calls over FGD with SS7 signaling, the measurement of access minutes
begins when the terminating recording switch receives the initial address message from the
terminating End User. On directly routed Trunk groups or on tandem routed Trunk groups,
the Company switch receives the initial address message and sends the indication to the
Customer in the form of an answer message. The measurement of terminating FGD call
usage ends when the entry switch receives or sends a release message, whichever occurs
first.
7.
Zalmen Ashkenazi, President
Vitcom LLC
1425 37th St., Suite 210
Brooklyn, NY 11218
lssued:Effective:
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 72
7.
ACCESSSERVICES
SWITCHED ACCESS MTES (Cont.)
7.4 Rates and Charoes
7.4.1 Servicelmplementation
A. lnstallation Charge (Per Trunk)
DS-1
N/A
7 .4.2 Chanoe Charqes (per order)
A. Service Date
B. Design Changes
C. Expedite Charge
7 .4.3 Cancellation Charqes (Per Order)
DS-3
N/A
Per Occurrence
$0.00
$0.00
$215.00
$0.00
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
VITCOM LLC IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 73
$0.035841
$0.040643
$0.040643
7.
ACCESSSERVICES
SWITCHED ACCESS MTES (Cont.)
7.4 Rates and Charqes (Cont.)
7.4.6 NoncharoeableOptionalFeatures
SupervisorySignaling
7 .4.4 Switched Access
7.4.4.1 Direct Connect Charqes:
Per Access Minute of Originating Use:
PerAccess Minute of Terminating Use:
7.4.4.2 Tandem Connect Charqes:
Tandem Connect without Tandem Switching:
Per Access Minute of Originating Use:
Per Access Minute of Terminating Use:
Tandem Connect with Tandem Switching:
Per Access Minute of Originating Use:
Per Access Minute of Terminating Use:
7.4.4.3 Toll Free 8W Transit Traffic Service"
Per Direct Transit Minute of Use:** $0.004263
Per Indirect Transit Minute of Use:"* $0.004526
7.4.5 CharqeableOptionalFeatures
7.4.5.1 800 Data BaseAccess Service Basic Querv
Per Query: $0.003500
7 .4.5.2 Siqnalinq Transfer Point Access
Monthly Non-Recurring
Via Third Partv
tcB
$0.00
For terminating rates, refer Vitcom LLC Tariff FCC No. 1, Section E.4.3.
This is a blended rate comprised of the following ILEC rate elements at the time of this filing.
The Direct Transit Minute of Use rate includes: Tandem Switching, one-half of the Transport
termination rate; one mile of Transport Facility, and one-half of the Common Multiplexer rate.
The lndirect Transit Minute of Use rate includes: Tandem Switching, Transport Termination,
two miles of Transport Facility, and the Common Multiplexer rate.
Zalmen As hkenazi, Pres ident
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218
lssued Effective:
VITCOM LLC
ACCESSSERVICES
7. SWITCHEDACCESS MTES (Cont.)
7.4 Rates and Charoes (Cont.)
7.4.7 Feature Group D Optional Features
IDAHO TARIFF NO 3
ORIGINAL PAGE NO. 74
$0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7.4.7.1 Common Switchinq Optional Features
Alternate Traffic Routing
Automatic N um ber ldentification
CuhThrough
Service Class Routing
Feature Group D with 950 Access
Signaling System Seven (SS7)
Basic lnitial Address Message Delivery
Called Directory Number Delivery
Flexible Automatic Number ldentification Delivery
7.5 SpecialConstruction
7.5.1 Basis for Rates and Charqes
Rates and charges for Switched Access Special Construction are to be
determined on an lndividualCase Basis (lCB).
lssued:Effective:
Zalmen Ashkenazi, President
Vitcom LLC
1425 37lh St., Suite 210
Brooklyn, NY 11218