20110711Revised Proposed Tariff Page.pdf

BINGHAM
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Bingham McCutchen UP
2020 K Street NW
Washington, DC
20006'1806
T +1.202.373.6000
F +1.202.373.6001
bingham.com
RECEI\!E--n. - _ - - _ - _. - -!r- -. i",""
2311 JUL II AM 9: 31
Jean L. Kiddoo
Brett P. Ferenchak
jean.kiddoo (l bingham. com
brett.ferenchak (l bingham. com
Our file no.: 0000353697
July 8, 2011
Via Overnight Courier & Email
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commssion
472 West Washington Street
Boise, Idaho 83702
secretary (gpuc .idaho. gov
Re: Case No. WNV-T-ll-01- Application of Wind stream NuVox, Inc. for a
Certificate of Public Convenience and Necessity
REPLACEMENT TARIFF PAGE
Dear Ms. Jewell:
On behalf of Wind stream NuVox, Inc. ("WI-NuVox"), enclosed for filing are an
original and seven (7) copies of a replacement Original Page 18 to WIN-NuVox's
proposed tariff. This replacement page include language regarding exculpatory language
requested by staff.
Please date-stamp the enclosed extra copy of this fiing and retur it in the envelope
provided. Should you have any questions, please do not hesitate to contact Brett
Ferenchak at 202-373-6697.
Respectfully submitted,
13~rr~
Jean L. Kiddoo
Brett P. Ferenchak
Counsel to WIN-NuVox
Windstream NuVox, Inc.
Issued: Februar 18,201 I
Idaho P.U.C. Price List No. I
Original Page 18
Effective:
RULES AND REGULA nONS
2.1 Undertaking of the Company (Continued)
2.1.4.16
2.1.4 Liabilty of the Company (Continued)
2.1.4.17
2. 1.4. I 8
2.1.4.19
2.1.4.20
A17671 050.2
In conjunction with a nonpublished telephone number, as described in Section 5, the
Company wil not be liable for failure or refusal to complete any call to such telephone
when the call is not placed by number. The Company wil make reasonable efforts to
prevent the disclosure of the number of such telephone, but wil not be liable should
such number be divulged.
When a Customer with a nonpublished telephone number, as defined herein, places a
call to the Emergency 91 I Service, the Company wil release the name and address of
the callng part, where such information can be determined, to the appropriate local
governmental authority. By subscribing to service under this price list, Customer
acknowledges and agrees with the release of information as described above.
In Conjunction with the Busy Line Verification and Interrpt Service as described in
Section 6, the Customer shall indemnify and save the Company harmless against all
claims that may arise from either part to the interrpted call or any person.
The Company shall not be liable for any act or omission concerning the
implementation of Presubscription, as defined herein.
THE INCLUSION OF EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A
FINAL DETERMINATION BY THE COMMISSION OF ITS VALIDITY.
ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT SUCH
A FINDING REGARDING NEGLIGENCE AND CONSEQUENTIAL DAMAGE
CLAIMS IS THE RESPONSIBILITY OF THE APPROPRIATE ADJUDICATING
BODY. IT IS ALSO THE RESPONSIBILITY OF THE APPROPRIATE
ADJUDICATING BODY TO DETERMINE THE VALIDITY OF THE
EXCULPATORY CLAUSE.