Western PCS II Corporation.pdf

Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
WESTERN PCS II CORPORATION
d/b/a VOICE STREAM
3650 131st Avenue; SE, Suite 400
Bellevue, Washington 98006
RESOLD INTEREXCHANGE SERVICES T AJUFF
Rules and regulations applicable for furnishing of Resold Interexchange Services by Western PCS II
Corporation d/b/a VoiceStream between one or more points in the State ofIdaho as authorized by the
Public Utilities Commission. This tariff is on file with the Idaho Public Utilities Commission and
may be inspected during regular business hours. Copies also may be inspected during regular
business hours at the principal place of business of Western PCS II Corporation d/b/a VoiceStream
3650 13pt Avenue, SE, Suite 400, Bellevue, Washington 98006.
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 131 sl Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 13 1998DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
TABLE OF CONTENTS
CHECK SHEET............................................................................................................................. 3
SYMBOLS.....................................................................................................................................
TARIFF FORMAT ........................................................................................................................
DEFINITIONS...................................................................................................................
TERMS AND CONDITIONS ........................................................................................... 8
Application of Tariff................................................ ..............................................
Use and Availability of Service
..........................................................................
Limitation of Liability .........................................................................................
Responsibilities of the Customer.............................................................. ........... 14
Allowances for Interruptions in Service ..............................................................
General..................................................................................................... 16
Limitations on Allowances ......................................................................
Allowances for Interruptions in Service .............................................................. 17
Application of Credits for Interrupted Services....................................... 18
Payment of Charges ............................................................................................. 19
Deposits................................................................................................................
Contested Charges ...............................................................................................
Billing Entity Conditions ..................................................................................... 21
Taxes ....................................................................................................................
Promotions ........................................................................................................... 21
Incomplete Calls/Wrong Number ........................................................................
Directory Assistance ............................................................................................
Operator Services.................................................................................................
Termination of Service ........................................................................................
EXPLANATION OF RATES..........................................................................................
Timing of Calls ....................................................................................................
Computation of Charges ......................................................................................
RATE SCHEDULES .......................................................................................................
1 + Long Distance .................................................................................................
Description of Service..............................................................................
Billing Increments.................................................................................... 24
Rates........................................................................................................ 24
Post-Paid Calling Card Service............................................................................
Prepaid Calling Card Service............................................................................... 26
10-XXX Access ...................................................................................................
Issued: November 5, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 13 1998
DCOI/HUGHB/62341.1
Boise, IdanG
---..,., ,
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
CHECK SHEET
Pages 1-27 inclusive of this tariff are effective as of the date shown. Original and revised pages, as
named below, comprise all changes from the original tariff in effect on the date indicated.
Page Revision
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13l51 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho OP~blic Utilities Commission
ACCE~of the Secretary
FOR FlUNG
NaV 131998DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SYMBOLS
The following are the only symbols used for the purposes indicated below:
(C)
(D)
(1)
(M)
(N)
(R)
(S)
(T)
(Z)
To signify changed regulation
To signify discontinued material
To signify rate or charge increase
To signify material relocated without change in text or rate
To signify new material
To signify reduction
To signify reissued material
To signify a change in text, but no change in rate or regulation
To signify a correction
Issued: November 5 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Effective: November 13, 1998
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NaV 13 1998
DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
T AJUFF FORMAT
Page Numbering - Page numbers appear in the upper right corner of the page. Pages are
numbered sequentially. However, new pages occasionally are added to the tariff. When
new page is added between pages already in effect, a decimal is added to the page number.
For example, a new page added between pages 14 and 15 would be 14.
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 file with the
Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. Because
of various suspension periods, deferrals, etc. the Commission follows in its tariff approval
process, the most current page number on file with the Commission is not always the tariff
page in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level:
1.1.
1.1.A.
1. LA. 1.
1.1.A.1.(a).
2. 1. l.A.1.(a).
A.l.(a).I.(i).
( a ).I.(i).(1).
Check Sheets - When a tariff filing is made with the Commission an updated check sheet
accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a
cross reference to the current revision number. When new pages are added, the check sheet
is changed to reflect the revision. All revisions made in a given filing are designated on the
check sheet by an asterisk(*). There will be no other symbols used on the check sheet if
these are the only changes made to it. The tariff user should refer to the latest check sheet to
find out if a particular page is the most current on file with the Commission.
Issued: November 5, 1998 Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the SecretaryACCEPTED FOR FILING
NOV 13 1998
Christopher Johnson
Western pcs II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
DCOI/HUGHB/62341.
Boise, Idaho
"---,_..
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 1. DEFINITIONS
Authorized User - Any person, firm, corporation or other entity accessing or utilizing the
services furnished by the Company to the Customer.
Billed Party - The person or entity responsible for payment of the Company s service. The
Billed Party is the Customer associated with the Calling Station used to place the call, with
the following exceptions:
(a)in the case of a calling card or credit card call, the Billed Party is the holder of the
calling card or credit card used by the User; and
(b)in the case of a collect or third party call, the Billed Party is the person responsible
for the local telephone service at the telephone number that agrees to accept charges
for the Call.
Call - A completed connection between the Calling and Called station.
Calling Station - The telephone number from which a Call originates.
Called Station - The telephone number called.
Commission - Idaho Public Utilities Commission.
Issued: November 5 , 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 A venue, SE, Suite 400
Bellevue, Washington 98006
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 13 1998DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 1. DEFINITIONS (Cont'
Common Carrier - A company or entity providing telecommunications services to the public.
Company - Western PCS II Corporation d/b/a VoiceStream.
Customer - A person, firm, corporation, partnership or other entity, including affiliates or
divisions of the Customer, in whose name the telephone number of the Calling Station is
registered with the underlying local exchange company. The Customer is responsible for
payment of charges to the Company and compliance with all terms and conditions of this
tariff.
Day - The period of time from 8:00 a.m. to (but not including) 5:00 p., Monday through
Friday, as measured by local time at the location from which the Call is originated.
Evening - The period of time from 5 :00 p.m. to (but not including) 11 :00 p., Sunday
through Friday and any time during a Holiday, as measured by local time at the location from
which the Call is originated.
Holiday - New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
Incomplete - Any Call where voice transmission between the Calling and Called station is not
established.
Night/Weekend ("N/Wkd"- The period of time from 11 :00 p.m. to (but not including) 8:00
, Monday through Friday, any time on Saturday and all day Sunday, except 5:00 p.m. to
(but not including) 11 :00 p., as measured by local time at the location from which the Call
is originated.
Prepaid Calling Card - A calling card or other tangible item which (i) contains an Access
Number or an access code, (ii) is supplied by the Company or its agent and (iii) permits a
User to use the Company s services up to an amount prepaid to the Company. Calls charged
to a Prepaid Calling Card will be debited against the amount the User has prepaid.
User - Customer or any Authorized User.
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
365013151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the Sec;etary
ACCEPTED FOR FlUNG
NOV 1 3 1998
Issued: November 5, 1998
DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS
Application of Tariff
1.1 This tariff contains the regulations and rates applicable to intrastate
interexchange services provided by the Company. The Company s services
are furnished subject to the availability of facilities and the terms and
conditions of this tariff.
1.2 The rates and regulations contained in this tariff apply only to the
interexchange services furnished by the Company and do not apply, unless
otherwise specified, to the lines, facilities, or services provided by a local
exchange telephone company or other Common Carrier for use in accessing
the services of the Company.
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho P~bfic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NaV 13 1998DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
2.2 Use and Availability of Service
2.1 Service is furnished to the User for any lawful purpose. Service shall not be
used for any unlawful purpose, nor used in such a manner as to interfere
unreasonably with the use of service by any other Users.
2.2 The use of the Company s services without payment for service or attempting
to avoid payment for service by fraudulent means or devices, false or invalid
numbers, or false calling or credit cards is prohibited.
The Company s services may be denied for nonpayment of charges or for
other violations of the terms and conditions set forth in this tariff. More
specifically, the Company may refuse, discontinue or terminate service
without incurring any liability, under the following conditions provided that
unless otherwise stated, the Customer shall be given prior written notice in
accordance with the Commission s rules:
2.3.4
Upon nonpayment of any charges, including deposits for
security of payment of service in accordance with Section
, owing to the Company, except when the bill cited as
grounds for termination is less than fifth ($50) dollars or less
than two (2) months charges for service, whichever is less.
Upon nonpayment of bills fifteen (15) or more days past due.
Upon violation of any of the other material terms or
conditions for furnishing service if such violation continues
during the notice period.
Upon condemnation of any material portion of the facilities
used by the Company in its provision of 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.
Issued: November 5 1998
DCOI/HUGHB/62341.
Effective: November 13 , 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the Secretary
Western PCS II Corporation d/b/a VoiceStream ACCEPTED FOR FILING
3650 13151 A venue, SE, Suite 400
Bellevue, Washington 98006 NOV 131998
Boise, Idaho
.. "
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No. 9A
2.3.
Upon the Customer s insolvency, assignment for the benefit
of creditors, filing for bankruptcy or reorganization, failing to
discharge an involuntary petition within the time permitted by
law, or abandonment of service, the Company may, with prior
notice to Customer, immediately discontinue or suspend
service without incurring any liability.
Upon any governmental prohibition, or required alteration of
the services to be provided or any violation of any applicable
law or regulation, the Company may immediately discontinue
or suspend service without incurring any liability.
For non-compliance with or violation of any State, municipal
or Federal law, ordinance or regulation pertaining to
telephone service.
For noncompliance with or violation of Commission
regulation.
For use of telephone service for any purpose other than that
described in the application.
2.2.10 For neglect or refusal to provide reasonable access to the
appropriate personnel for the purpose of inspection and
maintenance of equipment used to provide service.
2.2.11 For noncompliance with any provision of this tariff if the
noncompliance is not corrected within the notice period.
2.2.Refusal 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).
2.2.13 Notice by the Company of any past due amount (which
remains unpaid in whole or in part) for any of the Company
other common carrier communications services to which the
Customer either subscribes or had subscribed or used.
Issued: November 5, 1998
DCOI/HUGHB/62341.
Effective: November 13 , 1998
Ch . t J h Idaho Public Utilities Commissionns op er 0 nson
Office of the SecretaryWestern PCS II Corporation d/b/a VoiceStreamACCEPTED FOR FILING3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 131998
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No. 9B
Immediately and without notice if the Company deems that
such action is necessary to prevent or to protect against fraud
or to otherwise protect its personnel, agents, or services. The
Company may discontinue service pursuant to this sub-section
12 (a-f) in the event of:
(a) the existence of a condition immediately dangerous or
hazardous to life, physical safety, or property, or the necessity
of preventing a violation of federal, state or local safety or
health codes; or
(b) prOVISIOn of false information to the Company
regarding the Customer s identity, for purposes of obtaining
telephone service and the Customer has no or an inadequate
security deposit on file with the Company and has an
outstanding bill exceeding one hundred ($100) dollars; or
(c) use, or attempted use, of the service with the intent to
avoid payment either in whole or in part, of the tariffed
charges for the service by:
(c.l) Using or attempting to use service by rearranging,
tampering with, or making connections to the Company
service not authorized by this tariff.
(c.2) Using tricks, schemes, false or invalid numbers, false
credit devices, electronic devices; or
(c.3)Any other fraudulent means or devices; or
(d) Use of service or equipment in such a manner as to
adversely affect or interfere with the service of other users; or
(e) Unauthorized or fraudulent use of service. Whenever
service is discontinued for fraudulent use of service, the
Company may, before restoring service , require the Customer
to make , at his or her own expense, all changes in facilities or
equipment necessary to eliminate illegal use and to pay an
amount reasonably estimated as the loss in revenue resulting
from such fraudulent use; or
Issued: November 5, 1998 Effective: November 13, 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the Secretaiy
Western PCS II Corporation d/b/a Voice Stream ACCEPTED FOR FILING
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 13 1998
DCOl/HUGHB/6234\.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No. 9C
(f) The inability of the Company to contact the Customer
after it has tried diligently to meet the notice requirements of
Rule 304; or
(g)
Without notice by reason of any order or decision of a
court or other government authority having jurisdiction which
prohibits Carrier from furnishing such services.
3.15 The suspension or 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 during the time of or
up to suspension or discontinuance.
2.3.Upon the Company discontinuance of service to the
Customer under Section 2.2.all applicable charges
including termination charges, shall become due. This is 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.
2.2.3.17 The use ofthe Company s services to make calls which might
reasonably be expected to frighten, abuse, torment, or harass
another is prohibited.
2.2.18 Service temporarily may be refused or limited because of
system capacity limitations.
2.2.3.19 Service is subject to transmission limitations caused by
natural (including atmospheric, geographic or topographic) or
artificial conditions adversely affecting transmission.
Service to any or all Customers may be temporarily
interrupted or curtailed due to equipment modifications
upgrades, relocations, repairs and similar activities necessary
for proper or improved operations.
Issued: November 5 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 A venue, SE, Suite 400
Bellevue, Washington 98006
Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998
DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.1 0
SECTION 2. TERMS AND CONDITIONS (Cont'
Limitation of Liability
Because the Company has no control of communications content transmitted
over its system, and because of the possibility of errors incident to the
provision and use of its service , service furnished by the Company is subject
to the terms, conditions and limitations herein specified.
The Company is not liable to Users for interruptions in service except as set
forth in Section 2.5 of this tariff.
2.3.3 The liability of the Company for errors in billing that result in overpayment
by the Customer shall be limited to a credit equal to the dollar amount
erroneously billed or, in the event that payment has been made and service
has been discontinued, to a refund of the amount erroneously billed.
3.4 The Company shall not be liable for and the User shall indemnify and hold
the Company harmless against any claims for loss or damages involving:
3.4.Any act or omission of: (i) the User; or (ii) any other entity
furnishing service, equipment or facilities for use in conjunction
with services or facilities provided by the Company;
2.3.4.Interruptions or delays in transmission, or errors or defects in
transmission, or failure to transmit when caused by or as a result of
acts of God, fire, war, riots, government authorities or causes
beyond the Company s control;
3.4.Any unlawful or unauthorized use of the Company s facilities and
serVIces;
Issued: November 5, 1998 Effective: November 13 , 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the Secretary
Western PCS II Corporation d/b/a Voice Stream ACCEPTED FOR FILING
3650 131S1 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 13 1998
DCOI/HUGHB/62341.
Boise, IdahG
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Limitation of Liability (Cont'd)
3.4.
3.4.
2.3.4.
3.4.
2.3.4.
3.4.1
Libel, slander or infringement of copyright arising directly or
indirectly from the material transmitted over facilities provided by
the Company;
Infringement of patents arising from combining apparatus and
systems of the User with facilities provided by the Company;
Claims arising out of any act or omission of the User in connection
with service provided by the Company.
Breach in the privacy or security of communications transmitted
over the Company s facilities;
Changes in any of the facilities, operations or procedures of the
Company that: (1) render any equipment, facilities or services
provided or utilized by the User obsolete; (2) require modification
or alteration of such equipment, facilities or services; or (3)
otherwise affect use or performance of such equipment, facilities
or services except where reasonable notice is required by the
Company and is not provided to the Customer.
Defacement of or damage to the Customer s premises or personal
property resulting from the furnishing of services or equipment on
such premises or the installation or removal thereof.
Issued: November 5 1998 Effective: November 13 , 1998
DCOI/HUGHB/62341.1
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NaV 13 1998
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
2.3 Limitation of Liabilitv (Cont'd)
2.3.4.1 Any wrongful act of a Company employee where such act is not
authorized by the Company and is not within the scope of the
employee s responsibilities for the Company;
3.4.Any representations made by a Company employee that do not
comport, or that are inconsistent, with the provisions of this tariff.
2.3.4.Any noncompleted calls due to network busy conditions; and
2.3.4.Any calls not actually attempted to be completed during any period
that service is unavailable.
The User shall reimburse the Company for all costs, expenses and fees
(including reasonable attorneys' fees and costs) incurred by the Company in
its defense against claims set forth in Section 2.3.4.
2.3.The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission
recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court'responsibility to
determine the validity of the exculpatory clause.
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NaV 131998DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Limitation of Liabilitv (Cont'
2.3.
2.3.
2.3.
The Company assumes no responsibility for the availability or performance
of any cable or satellite systems or related facilities under the control of other
entities that are used to provide service to the User, even if the Company has
acted as the User s agent in arranging for such facilities or services.
Any claim against the Company shall be deemed waived unless presented in
writing to the Company within thirty (30) days after the date of the
occurrence that gave rise to the claim.
The Company makes no express representations or warranties regarding the
service and disclaims any implied warranties, including, but not limited to
warranties of title or implied warranties of merchantability or fitness for a
particular purpose. The Company does not authorize anyone to make a
warranty of any kind on its behalf and the User should not rely on any such
statement.
Any liability of the Company for loss or damages arising out of mistakes
omissions, interruptions, delays, errors or defects in the service, the
transmission of the service, or failures or defects in facilities furnished by the
Company, occurring in the course of furnishing service shall in no event
exceed an amount equivalent to the proportionate fixed monthly charge to the
Customer for service, during the period of time in which such mistakes
omissions, interruptions, delays, errors or defects in the service its
transmission or failure or defect in facilities furnished by the Company
occurred.
Issued: November 5 , 1998 Effective: November 13 , 1998
DCOI/HUGHB/62341.1
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 A venue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
2.4 Responsibilities of the Customer
2.4.
2.4.
2.4.
2.4.4
The Customer is responsible for placing any necessary orders, complying
with tariff regulations and assuring that Users comply with tariff regulations.
The Customer shall ensure compliance with any applicable laws, regulations
orders or other requirements of any governmental entity relating to services
provided to the Customer or made available by the Customer to another User.
The Customer is also responsible for the payment of charges for all calls
originated at the Customer s numbers which are not collect, third party,
calling card, or credit card calls.
The Customer is responsible for charges incurred for special construction
and/or special facilities which the Customer requests and which are ordered
by the Company on the Customer s behalf.
If required for the provisioning of the Company s services, the Customer
must provide any equipment space, supporting structure, conduit and
electrical power without charge to the Company.
The Customer is responsible for arranging access to its premises at times
mutually agreeable to the Company and the Customer when required for
Company personnel to install , repair, maintain, program, inspect or remove
equipment associated with the provision of the Company s services.
Issued: November 5 1998
DCOI/HUGHB/6234!,
Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the Secretarv
ACCEPTED FOR FILING
NOV 1 3 1998
Christopher Johnson
Western pcs II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
2.4 Responsibilities ofthe Customer (Cont'd)
2.4.
2.4.
2.4.
The Customer must pay the Company for replacement or repair of damage to
the Company s equipment or facilities caused by negligent or improper use
on the part of the Customer, Users, or others.
The Customer must indemnify the Company for the theft of any Company
equipment or facilities installed at the Customer s premises.
The Customer agrees, except where the events, incidents or eventualities set
forth in this sentence are the result of the Company s gross negligence or
willful misconduct, to release, indemnify and hold harmless the Company
against any and all loss, claims, demands, suits or other action or any liability
whatsoever, whether suffered, made, instituted or asserted by the Customer or
by any other party or person, for any personal injury to or death of any person
or persons, or for any loss of or damage to any property, whether owned by
the Customer or others. The Customer shall reimburse the Company for all
costs, expenses and fees (including reasonable attorneys' fees and costs)
incurred by the Company in its defense against such actions.
Issued: November 5, 1998
DCOl/HUGHB/62341.
Effective: November 13, 1998
Idaho Public Utilities Commission
~ffice of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998
Christopher Johnson
Western pcs II Corporation d/b/a VoiceStream
3650 13151 A venue, SE, Suite 400
Bellevue, Washington 98006
Boise. Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Allowances for Interruptions in Service
General
1.A
1.B
1.C
A service is interrupted when it becomes unusable to the User
g.,
the User is unable to transmit or receive, because of a failure
of a component furnished by the Company under this tariff.
An interruption period begins when the User reports a service
facility or circuit to be inoperative and releases it for testing and
repair. An interruption period ends when the service, facility or
circuit is operative.
If the User reports a service, facility or circuit to be inoperative
but declines to release it for testing and repair, the service, facility
or circuit is considered to be impaired but not interrupted. No
credit allowances will be made for a service facility or circuit
considered by the Company to be impaired.
Limitations on Allowances
No credit allowance will be made for any interruption of service:
A.l due to the negligence of, or noncompliance with
the provisions of this tariff by, any person or
entity other than the Company, including but not
limited to the Customer or other Common Carriers
connected to the service of the Company;
Issued: November 5 , 1998
DCOI/HUGHB/62341.
Effective: November 13 , 1998
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998
Christopher Johnson
Western pcs II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'd)
Allowances for Interruptions in Service (Cont'
Limitations on Allowances (Cont
due to the failure of power, equipment, systems or
services not provided by the Company;
5.2.A.3 due to circumstances or causes beyond the control
of the Company;
5.2.during any period in which the Company is not
given full and free access to the Customer s or
Company facilities and equipment for the
purpose of investigating and correcting the
interruption;
during any period in which the User continues to
use the service on an impaired basis;
5.2.A.6 during any period in which the Customer has
released service to the Company for maintenance
purposes or for implementation of a Customer
order for a change in service arrangements;
that occurs or continues due to the Customer
failure to authorize replacement of any element of
special construction; and
5.2.A.8 that was not reported to the Company within thirty
(30) days of the date that service was affected.
Issued: November 5, 1998 Effective: November 13, 1998
Idaho Public Utilities CommissionChristopher Johnson
Office of the SecretaryWestern PCS II Corporation d/b/a VoiceStream ACCEPTED FOR FlUNG3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 1 3 1998
DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'd)
Allowances for Interruptions in Service (Cont'
Application of Credits for Interrupted Services
5.3.
5.3.
At the Customer s request, a credit allowance for a continuous
interruption of service for more than twenty-four (24) hours
will be made in an amount determined by the Company on a
case-by-case basis.
Any such interruption will be measured from the time it is
reported to or detected by the Company, whichever occurs
first.
In the event the User is affected by such interruption for a
period of less than twenty-four (24) hours, no adjustment will
be made. No adjustments will be earned by accumulating
non-continuous periods of interruption.
When an interruption exceeds twenty-four (24) hours, the
length of the interruption will be measured in twenty-four (24)
hour days. A fraction of a day consisting of less than twelve
(12) hours will not be credited and a period of twelve (12)
hours or more will be considered an additional day.
A credit allowance will not be given for interruptions caused
by the negligence or willful act of the User or interruptions
caused by failure of equipment or service not provided by the
Company.
Issued: November 5, 1998
DCOI/HUGHB/6234!.
Effective: November 13, 1998
Idaho Public Utilities CommissionChristopher Johnson
Office of the SecretaryWestern PCS II Corporation d/b/a Voice Stream ACCEPTED FOR FILING3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 1 3 1998
Boise. Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Payment of Charges
6.2
6.4
The Customer is responsible for payment of all charges for service furnished
to the User.
The Company reserves the right to assess late payment charges for
Customers whose account(s) carries principal owing from the prior billing
period. Any charges not paid in full by the due date indicated on the billing
statement may be subject to a late fee of 1.5% per month.
The Company reserves the right to assess a fee for any check or other
negotiable instrument returned to the Company for any reason.
Recurring monthly charges may be invoiced one month in advance.
Invoicing cycles are approximately 30 days in length.
Customers must notify the Company in writing of any disputed charges
within fifteen (15) days of the billing date, otherwise all charges on the
invoice will be deemed accepted. All charges remain due and payable at the
due date, although a Customer does not have to pay disputed charges while
the Company conducts its investigation into the matter.
Issued: November 5, 1998
DCOI/HUGHB/62341.1
Effective: November 13, 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the SecretaryWestern PCS II Corporation d/b/a VoiceStream ACCEPTED FOR FILING3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 1 3 1998
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Deposits
The Company will not require deposits from Customers.
Contested Charges
All bills are presumed accurate, and shall be binding on the Customer unless
objection is received by the Company no more than fifteen (15) days after
such bills are rendered. In the case of a billing dispute between the Customer
and the Company for service furnished to the Customer, which cannot be
settled with mutual satisfaction, the Customer may take the following course
of action no more than fifteen (15) days after the billing date:
9. LA First, the Customer may request, and the Company will
provide, an in-depth review of the disputed amount. (The
undisputed portion and subsequent bills must be paid on
timely basis or the service may be subject to disconnection.
1.B Second, if there is still a disagreement about the disputed
amount after investigation and review by the Company, the
Customer may file an appropriate complaint with the Idaho
Public Utilities Commission. The address of the Commission
IS:
Statehouse Mail
472 West Washington
Boise , Idaho 83702
2.1 0.Billing inquiries may be directed to the Company at its toll free number:
800-220-6382.
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Billint! Entity Conditions
10.When billing functions on behalf of the Company are performed by the local
exchange telephone company, or others, the payment conditions and
regulations of such companies apply, including any applicable interest and/or
late payment charge conditions.
2.11 Taxes
11.1 All federal excise taxes, and state and local sales, use and similar taxes are
billed as separate items and are not included in the quoted rates.
Promotions
12.Upon thirty (30) days prior written notice to the Commission, the Company
may from time to time offer services or waive or vary service rates for
promotional, market research or other similar business purposes. The
varying rates will not exceed those in this tariff for the same services.
Incomplete Calls/Wront! Number
13.The Company will not knowingly charge for Incomplete Calls or wrong
numbers. Upon the Customer s request and proper verification, the Company
shall promptly adjust or credit the Customer s account for charges or
payments for any unanswered call inadvertently billed due to the
unavailability of Feature Group D or due to another carrier s failure to
provide answer supervision. Where answer supervision is not available, any
Call for which the duration exceeds one (1) minute shall be presumed to have
been answered.
2.14 Directory Assistance
14.1 The Company does not provide local directory assistance.
Issued: November 5 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Effective: November 13 1998
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998
DCOI/HUGHB/6234!.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 2. TERMS AND CONDITIONS (Cont'
Operator Services
2.15.The Company does not provide operator services. All operator assisted calls
including collect calls, calling cards, credit card calls, person-to-person calls
third party calls, and other related operator services will be routed to the
Company s underlying carrier.
Termination of Service
16.1 A Customer may terminate service, with or without cause, by giving the
Company notice. The Company may terminate service in accordance with
Section 2.
16.The Customer is responsible for all charges incurred to the Access Number
regardless of which party terminates the service. The Customer shall
reimburse the Company for all costs, expenses and fees (including reasonable
attorneys' fees and costs) incurred by the Company in collecting such
charges.
Issued: November 5 1998 Effective: November 13 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 13 1998DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 3. EXPLANATION OF RATES
The regulations set forth in this section explain how to apply the rate table associated
with the various services offerings described in Section 4.
Timing of Calls
1.1 Billing for Calls placed over the Company s underlying carrier s network is
based on the duration of the Call. Timing begins when the Called Station is
answered, as determined by standard industry methods generally in use for
ascertaining answers, including answer supervision hardware by which the
local telephone company sends a signal to the switch or the software utilizing
audio tone detection. Timing ends when either party hangs up.
3.2 Computation of Chare:es
2.1 As set forth in Section 4, calls will be billed in increments of either: (i) an
initial eighteen (18) second period and additional six (6) second periods; (ii)
an initial thirty (30) second period and additional six (6) second periods; (iii)
an initial sixty (60) second period and additional thirty (30) second periods;
or (iv) an initial one (1) minute period and additional one (1) minute periods.
Issued: November 5 1998 Effective: November 13, 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the SecretaryWestern PCS II Corporation d/b/a Voice Stream ACCEPTED FOR FILING
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NO V 1 3 1998
DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 4. RATE SCHEDULES
4.1 1 + Long Distance
1.1 Description of Service
1 + Long Distance Service is a dedicated or switched telecommunications
service providing intrastate and interstate long distance service to residential
and business customers who have designated their primary interexchange
carrIers.
1.2 Billing Increments
Dedicated and Switched 1 + Long Distance calls are billed in one minute
increments. Fractions of a minute are rounded up to the next full minute.
1.3 Rates
Recurrin Char e for 1 + Lon Distance
1 + Long Distance Service Charge per month $2.
Dedicated 1 + Lon Distance
Outbound Rates/per minute $.10
Inbound Rates/per minute $.10
Switched 1 + Lon Distance
Outbound Rates/per minute
Inbound Rates/per minute
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FiUNG
NOV 1 3 1998DCOI/HUGHB/62341.
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 4. RATES SCHEDULES (Cont'd)
4.2 Post-Paid Calling Card Service
4.2.Description of Service
Post-Paid Calling Card Service enables Customers to make long distance
calls by accessing a long distance calling card platform. Charges incurred are
billed to the Customer s account.
Billing Increments
Post-Paid Calling Card Service is billed in one minute increments.
4.2.3 Rates
Per minute charge
No per call surcharge
Issued: November 5, 1998 Effective: November 13, 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FlUNG
NOV 1 3 1998DCOI/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 4. RATE SCHEDULES (Cont'd)
Prepaid Calling Card Service
Description of Service
Prepaid Calling Card Service enables Customers to make long distance calls
by accessing a long distance pre-paid calling card platform. Charges are paid
for by Customers in advance and their account decrements on a real-time
basis.
Billing Increments
Prepaid Calling Card Service calls are billed in one minute increments.
4.3.3 Rates
Per minute charge
No pre call surcharge
$.20
Issued: November 5 , 1998 Effective: November 13 , 1998
Christopher Johnson
Western PCS II Corporation d/b/a VoiceStream
3650 131 5t Avenue, SE, Suite 400
Bellevue, Washington 98006
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 1 3 1998DCO l/HUGHB/62341.1
Boise, Idaho
Western PCS II Corporation
d/b/a VoiceStream
Idaho Public Utilities Commission Tariff No.
Original Page No.
SECTION 4. RATE SCHEDULES (Cont'
4.4 10-XXX Access
4.4.Description of Service
10-XXX Long Distance Service is a switched telecommunications service
providing intrastate and interstate long distance service to customers who
temporarily access a carrier by dialing the carrier s identification code
immediately preceding the terminating long distance number.
4.4.2 Billing Increments
1 O-XXX Long Distance Service calls are billed in one minute increments.
4.4.Rates
Rates/per minute
Issued: November 5 , 1998 Effective: November 13 , 1998
Idaho Public Utilities CommissionChristopher Johnson Office of the Secretary
Western PCS II Corporation d/b/a VoiceStream ACCEPTED FOR FlUNG
3650 13151 Avenue, SE, Suite 400
Bellevue, Washington 98006 NOV 13 1998
DCOI/HUGHB/62341.1
Boise. Idaho
, ..""-,