HomeMy WebLinkAboutCANCELLED_WestCom LLC dba Westelfiber.pdf
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Title Sheet
WESTCOM L.L.C.
d/b/a
WESTELFIBER
1450 Eagle Flight Way
Boise, ID 83709
Schedule of
GENERAL REGULATIONS FOR EXCHANGE SERVICES
Applying to the Local Exchange
Services and Facilities of this Company
in the State of Idaho
This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of
intrastate communication services by WesTelFiber (hereinafter “The Company”) to Customers within the
State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and
regulations of the Idaho Public Utilities Commission. This price list is on file with the Idaho Public Utilities
Commission and copies may be inspected, during normal business hours, at the Company's principal place
of business located at 1450 Eagle Flight Way, Boise, ID 83709
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 1
CHECK SHEET
Sheet No. Revision Effective Date
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Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 2
CHECK SHEET
Sheet No. Revision Effective Date
31 Original January 1, 2008
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60 Original January 1, 2008
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 3
CHECK SHEET
Sheet No. Revision Effective Date
61 Original January 1, 2008
62 Original January 1, 2008
63 Original January 1, 2008
64 Original January 1, 2008
65 Original January 1, 2008
66 Original January 1, 2008
67 Original January 1, 2008
68 Original January 1, 2008
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 4
TABLE OF CONTENTS
Sheet Number
CHECK SHEET 1
Section 1 CONTACT INFORMATION 6
Section 2 TRACKING AND NUMBERING 7
Section 3 APPLICATION OF PRICE LIST 7
Section 4 DEFINITIONS 8
Section 5 DEPOSIT REQUIREMENTS 12
Section 6 PAYMENT ARRANGEMENTS
6.1 Billing and Collection of Charges 13
6.2 Payment for Service 15
6.3 Disputed Bills 16
6.4 Complaints 17
6.5 Advance Payments 18
6.6 Allowances for Interruptions of Service 19
6.7 Late Payment Charges 20
6.8 Partial Payments 21
6.9 Moves, Adds and Changes 21
Section 7 SERVICE OUTAGES
7.1 Definition 22
7.2 Receipt and Recording of Reports 22
7.3 Repair Service Standards 22
7.4 Failure to Restore Service in a Timely Manner 23
Section 8 REFUSAL, DISCONNECTION OR TERMINATION OF SERVICES
8.1 General 24
8.2 With Written Notice to the Customer 25
8.3 Without Written Notice to the Customer 26
8.4 Upon Customer Request 27
8.5 If Rule 402 Complaint is Pending 27
8.6 Cancellation of Application for Service 28
8.7 Termination of Service Contract 28
8.8 Service Termination 29
8.9 Restoration of Service After Termination for Non-Payment 30
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 5
TABLE OF CONTENTS (Cont’d)
Section 9 TRANSFERS AND ASSIGNMENTS 31
Section 10 NOTICES AND COMMUNICATIONS 31
Section 11 REGULATIONS
11.1 Undertaking of the Company 32
11.2 Prohibited Uses 42
11.3 Enhanced 911 42
11.4 Obligations of the Customer 43
11.5 Customer Equipment and Channels 45
11.6 Conflicts Between Price List and Commission Rules 48
11.7 Exculpatory Clause 48
Section 12 LOCAL EXCHANGE SERVICES
12.1 Application to Local Exchange Service 49
12.2 General 49
12.3 Service Descriptions 50
12.4 Directory Services 56
12.5 Rates and Charges 58
Section 13 Long Distance Service
13.1 General 63
13.2 Dial Station-to-Station Service 63
13.3 Timing of Calls 63
13.4 Collection of Charges 64
13.5 Payment Arrangements 64
13.6 Rates 64
Section 14 Pre-Subscription
14.1 General 65
14.2 Application of Charges 65
14.3 Dispute Application 66
14.4 Rates 66
Section 15 Private Line Services
15.1 Application to Private Line Services 67
15.2 Service Description 67
15.3 Rates 67
Section 16 Trial Service Offerings 68
Section 17 Individual Case Basis (ICB) Arrangements 68
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 6
Section 1 CONTACT INFORMATION
1.1 Customer contact - For establishment of service, complaint, inquires regarding
service and billing, reporting or inquiring about network outages or service problems:
WestCom LLC d/b/a WesTelFiber
1450 Eagle Flight Way
Boise, ID 83709
Office: (208) 472-8800
Fax: (208) 399-3914
Email: sales@westelfiber.com
Web: www.westelfiber.com
1.2 Commission contact – price list information:
Susan Lamb
Lamb Communication Services
111 Teal Ln
Sagle, ID 83860
Telephone: (208) 304-9474
Facsimile: (509) 752-8984
Email: susan_lamb@lambcomservices.net
1.3 Commission contact - complaints:
Willie Lafrades
WesTelFiber
1450 Eagle Flight Way
Boise, ID 83709
Office: (208) 493-2048
Fax: (208) 338-3914
Email: wlafrades@solutionpro.com
1.4 Idaho Agent:
Molly O’Leary
Richardson & O’Leary PLLC
P.O. Box 7218
Boise, ID 83707
Telephone: (208) 938-7900
Facsimile: (208) 938-7904
Email: Molly@richardsonandoleary.com
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 7
Section 2 TRACKING AND NUMBERING
The following symbols shall be used in this price list (price sheet) for the purpose
indicated below:
(C) -Indicates a change in listing, rule, or condition, which may affect rates or charges.
(D) -Indicates discontinued material, including a listing, rate, rule or condition.
(I) - Indicates an increase.
(M) -Indicates that the material has been relocated to another part of price list schedules
with no change in text, rate, rule or condition.
(N) -Indicates new material including listing, rate, rule, condition or sheet.
(R) - Indicates a reduction.
(S) - Indicates reissued matter.
(T) - Indicates a change in wording of text, but no change in rate, rule or condition.
Section 3 APPLICATION OF PRICE LIST
WesTelFiber (hereinafter "The Company") has been authorized by the Idaho Public Utilities Commission
(Idaho PUC) to provide competitive local exchange and inter-exchange services.
This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local
exchange services to residential and small business customers within the state of Idaho. The rates and rules
contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 8
Section 4 DEFINITIONS
Certain terms used generally throughout this price list are defined below.
Access Lines: A telephone facility which permits access to and from both the Customer’s
premises and the telephone exchange or serving central office.
Advance Payment: Payment of all or part of a charge required before the start of
service. It may consist of any required construction cost, all appropriate nonrecurring
charges and an estimate of the first month’s recurring charges. Advance Payments will be
applied to the first bill rendered by Company following implementation of services.
Agent: A business representative authorized by the Company to bring about, modify,
affect, performance of, or terminate contractual obligations between the Company and its
applicants or Customers.
Applicant: A person who applies for telecommunications service. Includes persons
seeking reconnection of service after Company-initiated termination.
Application: A request made in writing for telephone service.
Authorized User: A person, firm, corporation or other entity that either is authorized by
the Customer to use local exchange telephone service or is placed in a position by the
Customer, either through acts or omissions, to use local exchange telephone service.
Basic Rate Area: A specific geographic area, within which the schedule rates for local
exchange service shall apply without exchange line mileage and without special rates in
lieu of mileage.
Central Office: Company facilities where subscriber lines are connected to each other
through switching equipment for placing local and long distance telephone calls.
Company: WesTelFiber that is the issuer of this price list.
Commission: The Idaho Public Utilities Commission.
Customer: The person, firm, corporation or other entity that orders service and is
responsible for the payment of charges and for compliance with the Company’s price list
regulations.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 9
Section 4 DEFINITIONS (Cont’d)
Direct Inward Dialing (DID): A service attribute that routes incoming calls directly to
Stations, by-passing a central answering point.
Exchange 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.
Hunting: Routes a call to an idle Station line.
Individual Case Basis: A service arrangement in which the regulations, rates and charges
are developed based on the specific circumstances of the Customer’s situation.
LATA: 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.
Local Calling: A completed call or telephonic communication between a calling Station
and any other station within the local service area of the calling Station.
Local Exchange Carrier: A company that furnishes exchange telephone service.
Non-Listed Service: Means a Customer is not listed in the published directory, but is listed
in the directory assistance database.
Non-Published Service: Means a Customer is not listed in the published directory or in the
directory assistance database.
Non-Recurring Charges: The one-time 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.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 10
Section 4 DEFINITIONS (Cont’d)
Off-Hook: The term “off-hook” denotes the active condition of a telephone exchange
service line.
On-Hook: The term “on-hook” denotes the idle condition of a telephone exchange
service line.
On-Net: A term given to a Customer premise or Building that is located on the
Company’s fiber network via company owned or company leased facilities.
.
Off-Net: A term given to a Customer premise or Building that is connected to the
Company’s fiber network via non-company owned or company leased facilities.
Originating Off-Net: A call originating on and placed via non-company owned or
company leased facilities.
Originating On-Net: A call originating on and placed via company owned or company
leased facilities.
Pre-subscription: Pre-subscription is an arrangement whereby an end user may select
and designate to the Telephone Company an Interexchange carrier (IXC) to access,
without an access code, for InterLATA calls. This IXC is referred to as the end user’s pre-
designated IXC.
Recurring Charges: The monthly charges to the Customer for services, facilities and
equipment, which continue for the agreed upon duration of the service.
Residential Service: Telephone Service provided to customers when the actual or
obvious use is for domestic purposes
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 11
Section 4 DEFINITIONS (Cont’d)
Service Commencement Date: The first day following the date on which the
Company notifies the Customer that the requested service or facility is available
for use, unless extended by the Customer’s refusal to accept service which does
not conform to standards set forth in the Service Order or this price list, 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.
Service Order: The written request for local exchange services executed by the Customer
and the Company in a format specified by the Company. The signing of a Service Order by
the Customer and acceptance thereof by the Company initiates the respective obligations
of the parties as set forth therein and pursuant to this price list, except that the duration of
the service is calculated from the Service Commencement Date. Service Order may also be
referred to as Service Plan.
Services: The Company’s telecommunications services offered on the Company’s
network.
Shared: A facility or equipment system or subsystem that can be used simultaneously by
several Customers.
Small Business Service: Telephone Service provided to businesses with five (5) or fewer
lines.
Station: Telephone equipment from or to which calls are placed.
Trunk: A communications path connecting two switching systems in a network, used in
the establishment of an end-to-end connection.
User or End User: A Customer or any other person authorized by the Customer to use
service provided under this price list.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 12
Section 5 DEPOSIT REQUIREMENTS
5.1 Deposits
If the Company can prove that the Customer is likely to be a credit risk or to
damage property of the Company, the Customer shall make a deposit before a
service is furnished or continued. [See IDAPA 31.41.01, Rule 101.] Such deposit
shall be held as a guarantee for the payment of charges. The Company may
require such a deposit, which may be in addition to an advance payment, if the
Company considers this action necessary to safeguard its interests. The deposit
requested will be in cash or the equivalent of cash. Payment of a deposit does
not relieve the Customer from compliance with Company Regulations
concerning prompt payment of bills, nor does it change the condition regarding
disconnection of service when bills are not paid.
The deposit shall not exceed one-sixth (1/6) of estimated annual billings. At any
time, at its option, or after (12) months of service, if the Customer has not been
delinquent in the payment of the Company bills, the Company may return the
deposit or credit it to the Customer’s account. In addition, the Company shall be
entitled to require the Customer to pay all its bills within a specified period of
time, and to make such payments in cash or the equivalent of cash. When a
service is discontinued, the amount of any applicable deposit, plus accrued
interest, will be applied to the Customer’s account and any credit balance
remaining will be refunded.
5.1.1 Interest on deposits held shall be payable and accrued at a rate set by
the Idaho PUC under the provisions of IDAPA 31.41.01.106.
5.1.2 Upon termination of service, the Company shall return to the Customer
the amount then on deposit, plus accrued interest, less any amounts
due to the Company from the Customer for service rendered on the
telephone account.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 13
Section 5 DEPOSIT REQUIREMENTS (Cont’d)
5.1 Deposits (Cont’d)
5.1.3 Any deposit, plus accrued interest, may be applied to the Customer’s
telephone account following completion of twelve months’ satisfactory
payment. The credit will be applied against service in the 13th and, if
appropriate, subsequent months once satisfactory credit is established.
Upon the Customer’s request, the refund shall be made in the form of a
check issued and mailed to the Customer.
Section 6 PAYMENT ARRANGEMENTS
6.1 Billing and Collection of Charges
6.1.1 Issuance and Contents of Bills.
Bills will be rendered monthly to Customers and shall contain the
following information:
a) the billing date;
b) the time period covered by the bill;
c) the due date of the bill;
d) any amounts transferred from another account;
e) any amounts past due;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 14
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.1 Billing and Collection of Charges (Cont’d)
6.1.1 Issuance and Contents of Bills (Cont’d)
f) any payment credits applied to the Customer’s account since the
last bill;
g) the total amount due;
h) names of other entities, if any, for which the Customer is also being
billed by the Company for services which are not provided by the
Company, including, the identification of the service(s) billed, and
the amount(s) of those billings;
i) the mailing address(es) or toll-free telephone number(s) available
to Customers in the service territory for answering inquiries about
telephone services billed;
j) an itemization of all non-recurring charges;
k) an itemization of the following recurring charges: total local
exchange service bill (mileage or zone charges and charges for
extended area service may be included in the total rather than an
separate items), touch tone capability, custom calling features,
non-primary directory listings, wire maintenance plans, equipment
leases, and government imposed taxes, surcharges or subscriber
line charges. All other recurring charges may be included in a
miscellaneous billing category if the Company explains the charges
in writing pursuant to IDAPA 31.41.02.101. Charges for each
element of packages services, local measured service, or other
calling plans in which individual calls are not billed need not be
separately itemized if the Company provides an explanation of
those services pursuant to IDAPA 31.41.02.101; and;
l) for MTS bills, the number called, the date, time, duration,
destination, and charge for each call. For collect and third party
calls, the Company will itemize the origin of the call. In those
instances where the Company may bundle long distance calling
with local exchange services for one price a detailed itemization of
the call may not be available.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 15
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.2 Payment for Service
The Customer is responsible for payment of all charges for service and facilities
furnished by the Company to the Customer or its Joint or Authorized Users. The
Company must receive objections within 30 days after statement of account is
rendered, or the charges shall be deemed correct and binding upon the
Customer.
6.2.1 Taxes, Charges and Fees: The Customer is responsible for the payment
of any sales, use, gross receipts, excise, access or other local, state and
federal taxes, charges, user fees, or surcharges (however designated)
excluding taxes on the Company’s net income imposed on or based
upon the provision, sale or use of the Company’s services. The
Customer is responsible for payment of taxes, charges, or fees ordered
by the Idaho Public Utilities Commission, the Idaho State Legislature, or
local, and county government. It shall be the responsibility of the
Customer to pay any such taxes that subsequently become applicable
retroactively.
6.2.2 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
receipt tax on the Company’s operations in any such state, or a tax on
interstate access charges incurred by the Company for originating
access to telephone exchanges in that state. The surcharge will be
shown as a separate line item on the Customer’s monthly invoice.
6.2.2.1 Universal Service Fund Surcharge (USF):
A surcharge is assessed on all access lines to contribute
towards funding an Idaho Universal Service Fund. The
Surcharge rate is established by the Commission and will be
assessed to each business and residential line.
6.2.2.2 Idaho Telecommunications Service Assistance Program (ITSAP):
The cost of providing assistance through ITSAP shall be
recovered by imposing a monthly surcharge determined by
the Public Utilities Commission and assessed on each line used
for residential and business access. Participating ITSAP
customers are exempt from this surcharge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 16
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.2 Payment for Service (Cont’d)
6.2.3 All service, installation, monthly Recurring Charges and Non-Recurring
Charges are due and payable upon receipt.
6.2.4 The Company shall present bills for Recurring and Usage Charges
monthly to the Customer, in arrears of the month for which service is
provided.
6.2.5 For new customers or existing customers whose service is disconnected,
the charge for the fraction of the month in which service was furnished
will be calculated on a pro rata basis. For this purpose, every month is
considered to have 30 days.
6.2.6 Amounts not paid within 30 days after the date of invoice are
considered past due and delinquent and are subject to Late Payment
Charges pursuant to section 6.7 of this price list.
6.2.7 A $20.00 charge will be assessed for checks with insufficient funds or
non-existing accounts.
6.2.8 The Customer shall pay all charges for use of the service by any persons
whether or not authorized by the Customer, except in those instances
where it has been determined that the Customer’s present and former
employees, agents and authorized users were not responsible for calls
billed to the Customer via third party billing and the Company did not
verify that the charges for the call would be accepted. The Customer is
not responsible for unauthorized use of service to the extent such use is
proximately caused by the Company’s willful or negligent act.
6.3 Disputed Bills
Any Customer who disputes a portion of a bill rendered for Company services
shall pay the undisputed portion of the bill and provide written notice to the
Company that such unpaid amount is in dispute within thirty (30) days of receipt
of the bill. If the Company does not receive such written notice within thirty (30)
days as indicated above, the Company shall consider the bill statement to be due
and payable in full by the Customer. Payment of the amount due by the
Customer does not constitute a waiver of the Customer’s rights under the
provisions of IDAPA 31.41.01.204 to challenge any billing amount due or paid to
the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 17
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.3 Disputed Bills (Cont’d)
a) In the event a Customer and the Company cannot resolve a billing
dispute to their mutual satisfaction, the Customer may contact the
Idaho Public Utilities Commission and proceed in accordance with the
Idaho Public Utilities Commission’s rules. The address and telephone
number for the Idaho PUC are:
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
334-0300 (within the local calling area)
1-800-432-0369 (from outside the local calling area)
b) If the time when the error in preparation or malfunction of billing
equipment or failure to bill began cannot be reasonably determined,
the corrected billings shall not exceed the most recent six (6) months
before the discovery of the error or malfunction. If the time when the
malfunction or error or failure to bill began can be reasonably
determined, the corrected billings shall go back to that time, but need
not exceed the time provided by section 61-642, Idaho Code (three (3)
years).
b) Once the billing dispute is resolved, the Customer shall submit payment
of any outstanding amounts deemed due to the Company within five
(5) working days of notification of the amount due, or as ordered by the
Idaho Public Utilities Commission or court.
6.4 Complaints
6.4.1 Conference
Upon receiving a complaint or request for conference, the Company
shall promptly, thoroughly and completely investigate the complaint,
confer with the Customer or applicant when requested, and notify the
Customer or applicant of the results of its investigation and make a
good faith attempt to resolve the complaint. The oral or written
notification shall advise the Customer or applicant that the Customer or
applicant may request the Commission to review the Company’s
proposed disposition of the complaint.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 18
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.4 Complaints (Cont’d)
6.4.2 Record of Complaints
The Company shall keep a record of written complaints and requests for
conferences pursuant to IDAPA 31.41.01.401 and 402. These records
shall be retained for a minimum of one year at office of the Company
where the complaints were received or where conferences were held.
The records shall be readily available upon request by the complaining
Customer or applicant, the Customer or applicant’s agent possessing
written authorization, or the Commission. The records must note
whether the Customer was advised as required by pursuant to IDAPA
31.41.01.401.03 that the Customer or applicant may request the
Commission to review the Company’s proposed disposition of the
complaint.
When directed by the Commission, the Company shall submit a report
to the Commission that states and classifies the number of complaints
made to the Company pursuant to IDAPA 31.41.01.401 and 40, and the
general subject matter of the complaints.
6.5 Advance Payments
To safeguard its interests, the Company may require a Customer to make an
Advance Payment before services and facilities are furnished. The Advance
Payment will not exceed an amount equal to the Non-Recurring Charge (s) and
two months’ charges for the service or facility. In addition, where special
construction is involved, the Advance Payment may also include an amount
equal to the estimated Non-Recurring Charges for the special construction and
Recurring Charges (if any) for a period to be set between the Company and the
Customer. The Advance Payment will be credited to the Customer’s initial bill.
An Advance Payment may be required in addition to a deposit.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 19
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.6 Allowances for Interruptions of Service
A credit allowance will be given for interruptions of service subject to the
provisions of this section.
6.6.1 Credit for Service Interruptions:
When the use of service or facilities furnished by the Company is
interrupted due to any cause other than the negligence or willful act of
the Customer, or the operation or failure of the facilities or equipment
provided by the Customer, the Company will credit the Customer’s
account as further defined in subsection 7.4 of section 7. If 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. Only those facilities on the interrupted
portion of the circuit will receive a credit.
6.6.2 Limitations on Allowances
No credit allowance will be made for:
(a) interruptions due to the negligence of, or noncompliance with the
provisions of this price list 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 investigating and correcting interruptions;
(e) interruptions of service during a period in which the Customer
continues to use the service on an impaired basis;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 20
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.6 Allowances for Interruptions of Service (Cont’d)
6.6.2 Limitations on Allowances (Cont’d)
(f) 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) interruptions of service due to circumstances or causes beyond the
control of the Company.
6.6.3 Use of Alternative Service Provided by the Company:
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 price listed rates and charges for the alternative service
used.
6.7 Late Payment Charges
A Late Payment Charge of one and a half percent (1 ½%) will apply to each
Customer bill when the previous month’s bill has not been paid in full, leaving an
unpaid balance carried forward. The late payment charge is applied to the total
unpaid amount carried forward and is included in the total amount due on the
current month’s bill. The amount of the late payment penalty shall be indicated
on the Customer’s bill.
6.8 Partial Payments
6.8.1 When a Customer cannot pay a bill in full, the Company may continue
to serve the Customer if the Customer and the Company agree on a
reasonable portion of the outstanding bill to be paid immediately, and
the manner in which the balance of the outstanding bill will be paid.
6.8.4 In deciding on the reasonableness of a particular agreement, the
Company will take into account the Customer’s ability to pay, the size of
the unpaid balance, the Customer’s payment history and length of
service, and the amount of time and reasons why the debt is
outstanding.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 21
Section 6 PAYMENT ARRANGEMENTS (Cont’d)
6.8 Partial Payments (Cont’d)
6.8.3 Payments are to be applied to the undisputed balance owed by the
Customer. A Customer may designate how a payment insufficient to
pay the total balance due shall be applied. If applicable, and in the
absence of instructions from the Customer, a partial payment shall be
allocated first to local exchange services. [See IDAPA.31.41.01 Rule
306.06.] Such payments shall be applied first to the oldest undisputed
balances.
6.8.4 The Company shall notify the Customer of its procedures for allocating
partial payments in its summary of the Idaho Public Utilities
Commission Rules available in its local office and in its written notice
regarding discontinuance of service provided to the Customer under
this price list. In discussing or negotiating payment arrangements, the
Company shall advise the Customer what amount of payment the
customer shall allocate to local exchange service or to MTS service or
other services in order to prevent the termination of those services.
6.8.5 If a Customer fails to make the payment agreed upon by the date that it
is due, the Company may, but is not obligated to, enter into a second
payment arrangement.
No payment arrangement binds a customer if it requires the Customer
to forego any right provided for in the Idaho Public Utilities
Commission’s Rules.
6.8.6 A Customer’s failure to pay for undisputed MTS charges billed by the
Company may result in loss of 0+ or 0- and 1+ dialing access to MTS
services until such time as the customer pays the disputed charges and
applicable reconnection charges, if any.
6.8.7 Customer failure to pay undisputed charges for other services may
result in discontinuance of those services.
6.9 Moves, Add and Changes
Upon written request from the Customer, the Company will transfer an existing
service from one location to another location served by the Company, change
from one class of service to another, or add additional services or features to
specific lines and equipment. The Company may charge the Customer a non-
recurring charge for such service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 22
Section 7 SERVICE OUTAGES
7.1 Definition
Service Outage – when a Customer’s local telephone service quality deteriorates
to such an extent that the Customer cannot make local calls or cannot make local
calls or cannot receive local calls or cannot use the service for voice grade
communication because of cross-talk, static, or other transmission problems, the
Company will respond to a Customer’s report of as a “service outage” and
proceed in accordance with this section.
7.2 Receipt and Recording of Reports
The Company shall provide for the receipt of Customer trouble reports at all
hours and make a full and prompt investigation of and response to all reports.
The Company shall maintain an accurate record of trouble reports made by its
Customers. The record shall include accurate identification of the Customer or
service affected, the time, date, and nature of the report, the action taken to
clear the trouble or satisfy the Customer, and the time of trouble clearance or
other disposition. The record shall be available to the Commission or its
authorized representatives upon request at any time within five years of the date
of a record.
7.3 Repair Service Standards
When informed by a Customer of a service outage as defined by subsection 7.1 of
this section, the Company shall:
a) restore service within sixteen (16) hours after the report of the outage if the
Customer notifies the Company that the service outage creates an
emergency for the Customer; or
b) restore service within twenty-four (24) hours after the report of the outage if
no emergency exists, except that outages reported between noon on
Saturday and 6:00 p.m. on the following Sunday must be restored within 48
hours or by 6:00 p.m. on the following Monday, whichever is sooner.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 23
Section 7 SERVICE OUTAGES (Cont’d)
7.4 Failure to Restore Service in a Timely Manner
If the Company does not restore service within the times set out by subsection
7.3 of this section, the Company shall credit the Customer’s account for an
amount equal to the monthly rate for one (1) month of basic local exchange
service unless:
a) the Customer fails to keep an appointment with the Company that was
agreed to between the Company and the Customer when the original
commitment was made;
b) the disruption of telephone service was caused by natural disaster or other
causes not within the Company’s control affecting large groups of
Customers;
c) conditions exist where the personal safety of a repair technician would be
jeopardized and the Company has used reasonable judgment and diligence
to restore service, giving due regard for the needs of various Customers and
the requirements of the telecommunications service priority program order
in FCC Docket 88-341 (47 C.F.R. Part 64, Appendix A);
d) the Customer causes the Customer’s own service outage;
e) the Customer does not make a reasonable effort to arrange a repair visit
within the service restoration deadline; or
f) the Company determines that the outage is attributable to the Customer’s
own equipment or inside wire.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 24
Section 8 REFUSAL, DISCONNECTION OR TERMINATION OF SERVICES
8.1 General
If the Company intends to deny an available service to an applicant, the
Company will provide the applicant with a written explanation of its refusal to
serve. The written explanation shall include:
a) the reasons for the denial of the service;
b) actions the applicant may take in order to receive the denied service;
and
c) a statement that an informal or formal complaint concerning denial of
the service may be filed with the Company or with the Idaho Public
Utilities Commission.
8.1.1 Grounds for Refusal to Establish Service
The Company may refuse to establish service if any of the following
conditions exist:
a) the applicant has an outstanding amount due for similar utility
services and the applicant is unwilling to make acceptable
arrangements with the Company for payment;
b) a condition exists that, in the Company’s judgment, is unsafe or
hazardous to the applicant, the general population, or the
Company’s personnel, agents or facilities;
c) the applicant refuses to provide the Company with a deposit after
having failed to meet the credit criteria for waiver of deposit
requirements;
d) the applicant is known to be in violation of the Company’s price
lists filed with the Commission;
e) failure of the applicant to furnish such funds, suitable facilities,
and/or rights-of-way which have been specified by the Company as
necessary to and a condition for providing service to the applicant;
or
f) the applicant has falsified his/her identity for the purpose of
obtaining service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 25
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.2 With Written Notice to the Customer
Except as otherwise specified in this price list or Idaho PUC rules, the company
may, upon reasonable written notice to the Customer, discontinue services for
any of the following reasons:
a) for nonpayment of any undisputed amounts owing to the Company;
b) the premises have been vacated by the Customer;
c) for tampering with the Company’s property;
d) for violation of rules, service agreements, or filed price lists;
e) for use of Customer equipment which adversely affects the Company’s
property, facilities, or services to its other Customers, or 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; or
f) for any governmental prohibition, or required alteration of the services
provided, or any violation of any applicable law or regulation, or unlawful
use of service or use of service for unlawful purposes, the Company may
immediately discontinue or suspend service; or
g) for fraudulent obtaining or use of service, including, but not limited to:
1) providing false information to the Company regarding the
Customer’s identity, address, creditworthiness, or current or
planned use of common communications;
2) using or attempting to use service by rearranging, tampering with,
or making connection to the Company’s service where not
authorized by this price list;
3) using tricks, schemes, false or invalid numbers, false credit devices,
electronic devices; or
4) any other fraudulent means or device.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 26
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.2 With Written Notice to the Customer (Cont’d)
Whenever a fraudulent obtaining or use of a service is detected, the Company
may discontinue service without notice, as described in 9.2 of this price list;
provided, however, that if the Customer makes immediate payment for the
estimated amount due for the service that had been fraudulently obtained, and
for all costs resulting from such fraudulent use, the Company may choose to
continue such service, subject to any applicable deposit requirements.
8.3 Without Written Notice to the Customer
The Company may deny or discontinue the furnishing of any and/or all service(s)
to a Customer immediately and without prior notice to the Customer and
without the Customer’s permission for one or more of the following reasons:
a) Dangerous Condition. A condition immediately dangerous or hazardous to
the life, physical safety, or property exists, or it is necessary to prevent a
violation of federal, state or local safety or health codes.
b) Ordered to Terminate Service. The Company is ordered to terminate service
by any court, the Idaho PUC, or any other duly authorized public authority.
c) Services Obtained Illegally. The service(s) was (were) obtained, diverted or
used without the authorization or knowledge of the Company.
d) Customer Unable to be contacted. The Company has tried diligently to
provide reasonable notice to the Customer, but has been unsuccessful in its
attempt to contact the Customer.
e) Misrepresentation of Identity. The customer has misrepresented the
customer’s identity for purposes of obtaining telephone service and has no
or inadequate security deposit on file with the Company and has an
outstanding bill exceeding one hundred ($100) dollars.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 27
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.4 Upon Customer Request
The Company will, upon Customer request, discontinue or suspend services due
to the Customer’s:
a) insolvency;
b) assignment for the benefit of creditors;
c) filing for bankruptcy or reorganization; or
d) failure to discharge an involuntary petition in bankruptcy within the time
permitted by law.
8.5 If Rule 402 Complaint is Pending
Except as authorized by order of the Idaho PUC or of the Judiciary, local
exchange service shall not be terminated for failure to pay amounts in dispute
while a complaint regarding that telephone service and properly filed pursuant
to IDAPA 31.41.01.402 is pending before the Idaho PUC, or while a case placing
at issue payment for that telephone service is pending before a court in the State
of Idaho.
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.
Upon the Company’s discontinuance of service to the Customer under Section 8,
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 price list.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 28
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.6. Cancellation of Application for Service
8.6.1 Applications for service are non-cancelable unless the Company
otherwise agrees. Where the Company permits 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 for those specified
below.
8.6.2 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 salvage, shall apply, but in no case shall this
charge exceed the sum of the charge for the minimum period of service
ordered, including installation charges, and all charges others levy
against the Company that would have been chargeable to the Customer
had service begun.
8.6.3 The special charges described in 8.6.1 and 8.6.2 will be calculated and
applied on a case-by-case basis.
8.7 Termination of Service Contract
8.7.1 After the expiration of the initial contract period, and if no new
contract period is agreed upon, in writing, by the Company and the
Customer, the service contract will be automatically renewed for an
additional one (1) year term at the current rate for that term period.
Service may be terminated upon sixty (60) days advance notice to the
Company. The Customer shall be responsible for payment of all
charges due to the date of termination of the service, including
termination charges calculated from the date of disconnect to the
expiration of the contract term.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 29
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.7 Termination of Service Contract (Cont’d)
8.7.2 If a Customer cancels a Service Order or terminates services before the
completion of the term for any reason whatsoever other than a service
interruption (as defined in 6.6.1 above), Customer agrees to pay to the
Company following sums which shall become due and owing as of the
effective date of the cancellation or termination and be payable within
the period set forth in 6.2.2: all costs, fees and expenses reasonable
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
(3) reasonably incurred and paid to third parties by Company on
behalf of Customer, plus
(4) all Recurring Charges specified in the applicable Service Order price
list for the balance of the then current term.
8.7.3 The Customer may terminate service prior to the expiration of the term
if the Customer orders a new service through the Company for a specific
length of service and a minimum monthly billing commitment
exceeding the original agreement. The former service will terminate on
the start date of the new service.
8.8 Restoration of Service After Termination for Non-Payment
A reconnection charge of $50.00 shall be imposed on any Customer whose
service has been discontinued pursuant to the provisions of this price list. The
Company reserves the right to impose additional advance payment and/or
deposit requirements on such Customers prior to restoration of service, and to
refuse to restore service until all amounts due have been paid.
Should the Customer request that service be restored during a period other than
regular working hours, such as evenings or weekends; the Customer may be
required to pay an after-hour charge of $ 150.00 for service reconnection.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 30
Section 8 REFUSAL, DISCONNECTION or TERMINATION OF SERVICES (Cont’d)
8.9 Service Termination
Unless otherwise provided by this price list or as required by the Commission or
other local, state, or federal authorities, the Company will not terminate service
to a Customer until a minimum of twenty-four (24) hours after notice or a
diligent attempt to notify the Customer.
8.9.1 Seven-Day Notice
Except as otherwise provided under the provisions of IDAPA
31.41.01.303.04, the Company will mail to the Customer written notice
of termination at least seven (7) calendar days before the proposed date
of termination. The written notice will contain the information required
by IDAPA 31.41.01.306.
8.9.2 Twenty-Four-Hour Notice
At least twenty-four (24) hours before actual termination, the Company
will diligently attempt to contact the Customer affected to apprise the
Customer of the proposed action and the steps to take to avoid or delay
termination. Oral notice will contain the same information required by
IDAPA 31.41.01.306.
8.9.3 Additional Notice
If the Company does not terminate service within twenty-one (21) days
after a proposed termination date as specified in written notice, and the
matter is not the subject of a pending complaint before the Idaho Public
Utilities Commission, or if other arrangements have not been made
with the customer, the Company will again make a diligent effort to
contact the Customer of the proposed action as specified in subsection
8.9.2 related to Twenty-Four-Hour Notice. If the Company has not
terminated service within twenty-eight (28) days of mailing a written
notice of termination, but still intends to terminate, the Company will
again issue a written notice as set out by subsection 8.9.1 of this price
list, related to Seven-Day Notice.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 31
Section 9 TRANSFERS AND ASSIGNMENTS
The Company may, without obtaining any further consent from the Customer, assign or
transfer its rights, privileges or obligations under this price list to any subsidiary, parent
company or affiliate of the Company; pursuant to any sale or transfer of some or all the
assets of the Company; or pursuant to any financing, merger or reorganization of the
Company.
The Customer may, upon prior written consent of the Company, which consent shall not
be unreasonably withheld, assign it’s rights, privileges or obligations under this price list
to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of
substantially all of the business of the Customer; or pursuant to any financing, merger, or
reorganization of the Customer.
Section 10 NOTICES AND COMMUNICATIONS
10.1 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
Customer may also designate a separate address to which the Company’s bills for
service shall be mailed.
10.2 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
Company may designate a separate address on each bill for service to which the
Customer shall mail payment on that bill.
10.3 All notices or other communications required to be given pursuant to this price
list will be in compliance with Commission rules. 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.
10.4 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.
10.5 The Company shall give ‘public notice” of all proposed changes in rates. Public
notice must be reasonably designed to call affected Customer’s attention to the
proposed changes in rates. Legal advertisement alone will not be considered
adequate public notice. Individual notice to all Customers affected will always
constitute public notice.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 32
Section 11 REGULATIONS
11.1 Undertaking of the Company
11.1.1 Scope
The Company undertakes to furnish communications service pursuant
to the terms of the price list.
The services offered herein may be used for any lawful purpose. There
are no restrictions on sharing or resale of the Company’s services.
However, the Customer remains liable for all obligations under this
price list even if such sharing or resale agreements exist regardless of
the Company’s knowledge of these arrangements. If service is jointly
ordered by more than one customer, each is jointly and severably liable
for all obligations.
Customers may use services and facilities provided under this price list
to obtain access to services offered by other service providers only when
authorized by and in accordance with the terms and conditions of any
price lists of such other service provider. The Company is responsible
under this price list only for the services and facilities provided herein,
and it assumes no responsibility for any service provided by any other
entity that purchases access to the Company network in order to
originate or terminate its own services, or to communicate with its own
Customers.
The services of the Company are furnished for the transmission of voice
communications but may also be used for data, facsimile, signaling,
metering, or other similar communications, subject to the transmission
capabilities of the technologies or combination of technologies
available. Service is available twenty-four hours a day, seven days a
week.
11.1.2 Shortage of Equipment or Facilities
11.1.2.1 The Company reserves the right to limit or allocate the use of
existing facilities, or of additional facilities offered by the
Company when necessary because of lack of facilities or due to
any cause beyond the Company’s control.
11.1.2.2 The furnishing of service under this price list 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.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 33
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.3 Terms and Conditions
11.1.3.1 Except as otherwise provided herein, service is provided and
billed on the basis of a minimum period of at least one
month, and shall continue to be provided until canceled by
the Customer, in writing, on not less than sixty (60) days
notice. Unless otherwise specified herein, for the purpose of
computing charges in this price list, a month is considered to
have 30 days. All calculations of dates set forth in this price
list shall be based on calendar days, unless otherwise
specified herein.
11.1.3.2 Customers may be required to enter into a written Service
Order which shall contain or reference the name of the
Customer, a specific description of the service ordered, the
rate to be charged, the duration of the services, and the
terms and conditions in this price list.
11.1.3.3 At the expiration of the initial term specified in each Service
Order, or in any extension thereof, the service contract will
be automatically renewed for an additional one (1) year
term at the current rate for that term period unless
terminated by either party upon sixty (60) days written
notice. Any termination shall not relieve Customer of its
obligation to pay any charges incurred under the Service
Order and this price list prior to termination. The rights and
obligations that by their nature extend beyond the
termination of the term of the Service Order shall survive
such termination.
11.1.3.4 This price list shall be interpreted and governed by the laws of
the State of Idaho.
11.1.3.5 Another telephone company must not interfere with the right
of any person or entity to obtain service directly from the
Company.
11.1.3.6 The Customer has no property right to the telephone number
or any other call number designation associated with services
furnished by the Company. The Company reserves the right to
change such numbers, or the central office designation
associated with such numbers, or both, assigned to the
Customer, whenever the Company deems it necessary to do so
in the conduct of its business.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 34
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.3 Terms and Conditions (Cont’d)
11.1.3.7 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
11.1.3.8 below.
11.1.3.8. 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, normal wear and
tear only excepted. Customer shall reimburse the Company,
upon demand, for any costs incurred by the Company due to
Customer’s failure to comply with this provision.
11.1.4 Liability of the Company
Because the Customer has exclusive control of its communications over
the services furnished by the Company, and because interruptions and
errors incident to these services are unavoidable, the services the
Company furnishes are subject to the terms, conditions, and limitations
specified in this price list and to such particular terms, conditions, and
limitations as set forth in the special regulations applicable to the
particular services and facilities furnished under this price list.
11.1.4.1 The liability of the Company for damages arising out of the
furnishing of these services, including but not limited to
mistakes, omissions, interruptions, delays, or errors, or other
defects, representations, or use of these services or arising out
of the failure to furnish the service, whether caused by acts of
commission or omission, shall be limited to the extension of
allowances as set forth in the section of this price list on
Allowances for Interruptions in Service. The extension of such
allowances for interruption shall be the sole remedy of the
Customer, authorized user, or joint user and the sole liability of
the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 35
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.4 Liability of the Company (Cont’d)
11.1.4.2 The Company shall not be liable or responsible for any direct,
indirect, incidental, special, consequential, exemplary, lost
profits, or punitive damages to the 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.
11.1.4.3 The Company shall not be liable for any failure of performance
or equipment due to causes beyond its control, including but
not limited to: acts of God, fire, flood 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 any civil or military authority; national emergencies;
insurrections; riots; wars; unavailability of rights-of-way or
materials; or strikes, lock-outs, work stoppages, or other labor
difficulties.
11.1.4.4 The Company shall not be liable for any act or omission or
defect of any entity furnishing services, facilities or equipment
used for or with the Company’s services, to the Company or to
the Customer, or for the acts or omissions of common carriers
or warehousemen.
11.1.4.5 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.
11.1.4.6 The Company shall not be liable for the claims of vendors
supplying equipment to Customers of the Company, which
may be installed at premises of the Company, nor shall the
Company be liable for the performance of said vendor or
vendor's equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 36
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.4 Liability of the Company (Cont’d)
11.1.4.7 The Company does not guarantee nor make any warranty with
respect to installations it provides for use in an explosive
atmosphere. The Customer indemnifies and holds the
Company harmless from any and all loss, claims, demands,
suits, or other action, or any liability whatsoever, whether
suffered, made, instituted, or asserted by any other party or
person(s), and for any loss, damage, or destruction of any
property, whether owned by the Customer or others, caused or
claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance,
removal, presence, condition, location, or use of any
installation so provided.
11.1.4.8 The Company is not liable for any defacement of or damage to
the premises of a Customer (or authorized or joint user)
resulting from the furnishing of services or equipment on such
premises or the installation or removal thereof, when such
defacement or damage is not the result of negligence or willful
misconduct on the part of the agents or employees of the
Company.
11.1.4.9 The Company shall not be liable for any damages resulting
from delays in meeting any service dates due to delays
resulting from normal construction procedures. Such delays
shall include, but not be limited to, delays in obtaining
necessary regulatory approvals for construction, delays in
obtaining right-of-way approvals and delays in actual
construction work.
11.1.4.10 The Company shall not be liable for any damages
whatsoever to property resulting from the installation,
maintenance, repair or removal of equipment and associated
wiring unless the damage is caused by the Company's willful
misconduct or negligence.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 37
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.4 Liability of the Company (Cont’d)
11.1.4.11 The Company shall be indemnified, defended and held
harmless by the Customer against any claim, loss, expense,
damage or liability arising from Customer’s use of services
involving claims for libel, slander, invasion of privacy, or
infringement of copyright, patent, trade secret, or proprietary
or intellectual property right of any third party arising from any
act or omission by the Customer, including without limitation,
the Customer’s own communications or use of the Company’s
services and facilities in a manner not contemplated by this
price list or by any agreement between the Customer and the
Company.
The Company’s entire liability, if any, for any claim, loss,
damage or expense from any cause whatsoever shall in no
event exceed sums actually paid the Company by the
Customer for the specific services giving rise to the claim. No
action or proceeding against the Company shall be
commenced more than one year after the service is rendered.
With respect to the furnishing of Company’s services to public
safety answering points or municipal emergency service
providers, the Company’s liability, if any, will be limited to the
lesser of:
a) the actual monetary damages incurred and proved by the
Customer as the direct result of the Company’s action, or
failure to act, in providing the service; or
b) the sum of $1,000.00
In the event parties other than the Customer, including but not
limited to joint users and the Customer’s Customers, shall have
use of the Company’s service directly or indirectly through the
Customer, then the Customer agrees to forever indemnify and
hold the Company harmless from and against any and all such
claims, demands, suits, actions, losses, damages, assessments
or payments which may be asserted by said parties arising out
of or relating to the Company’s furnishing of service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 38
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.4 Liability of the Company (Cont’d)
11.1.4.12 The Company shall not incur any liability, direct or indirect, to
any person who dials or attempts to dial the digits "9-1-1" or to
any other person who may be affected by the dialing of the
digits "9-1-1".
11.1.4.13 THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH
HEREIN.
11.1.5 Notification of Service-Affecting 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 Customer services. No specific
advance notification period is applicable to all service activities. The
Company will work cooperatively with the Customer to determine the
reasonable notifications requirements. With some emergency or
unplanned service-affecting conditions, such as outage resulting from
cable damage, notification to the Customer may not be possible.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 39
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.6 Provision of Equipment and Facilities
11.1.6.1 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 price list. The Company does not
guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
11.1.6.2 The Company shall use reasonable efforts to maintain facilities
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 installed by the Company, except upon the
written consent of the Company.
11.1.6.3 Equipment or facilities installed at the Customer Premises for
use in connections with the services the Company offers shall
not be used for any purpose other than that for which the
Company provided it.
11.1.6.4 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 price list,
the responsibility of the company shall be limited to the
furnishing of facilities offered under this price list and to the
maintenance and operation of such facilities. Beyond this
responsibility, 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; or
(b) the reception of signals by Customer provided equipment;
or network control signaling where such signaling is
performed by Customer-provided network control
signaling equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 40
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.7 Non-routine Installation
At the Customer’s request, installation and/or maintenance may be
performed outside the Company’s regular business hours or in
hazardous locations. In such cases, charges based on cost of the actual
labor, material, or other costs incurred by or charged to the Company
will apply. If installation is started during regular business hours but at
the Customer’s request, extends beyond regular business hours into
time periods including, but not limited to, weekends, holidays, and/or
night hours, additional charges may apply.
11.1.8 Special Construction
Subject to the agreement of the Company, special construction of
facilities may be undertaken on a reasonable effort basis at the request
of the Customer. Special construction may include that construction
undertaken:
a) where facilities are not presently available;
b) of a type other than that which the Company would normally
utilize in the furnishing of its service;
c) over a route other than that which the Company would normally
utilize in the furnishing of its services;
d) in a quantity greater than that which the Company would normally
utilize of its services;
e) on an expedited basis;
f) on a temporary basis until permanent facilities are available;
g) involving abnormal costs; or
h) in advance of normal construction.
Special construction will be undertaken at the discretion of the
Company consistent with budgetary responsibilities and consideration
for the impact on Company’s other Customers and contractual
responsibilities.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 41
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.8 Special Construction (Cont’d)
If required by the Company, the Customer shall make an advance
payment before services are furnished and such advance payment will
be credited to the Customer’s initial bill. The Company may require such
an advance payment, in addition to a deposit, when additional costs are
incurred to perform special or extraordinary construction to provide
services required by the Customer.
11.1.9 Selection of Transmission
The Company selects and/or arranges for directly or with its underlying
carrier(s) the channels and/or service components and underlying
network facilities used to provide service. The Company may modify or
change the channels, service components and underlying Company
facilities or the underlying Company facilities or the underlying carrier
at any time subject to Part 68 of the FCC’s Rules and Regulations and
this price list.
11.1.10 Ownership of Facilities
Title to all facilities, equipment, related plans and proposals, provided
by the Company in furnishing service, remains with the Company, its
agents or contractors. Such facilities and equipment, plans and
proposals shall be returned to the Company by the Customer whenever
requested, within a reasonable period following the request and in as
good condition as reasonable wear will permit.
11.1.11 Telecommunications Service Priority
The Telecommunications Service Priority System is the regulatory,
administrative and operational system authorizing and providing for
priority treatment, to provide and restore National Security Emergency
Preparedness Telecommunications service. Under the rules of the
Telecommunications Service Priority System, The Telephone Company
is authorized and required to provide and restore services with
Telecommunications Service Priority assignments before services
without such assignments. The provision and restoration of
Telecommunications Service Priority System services shall be in
compliance with Part 64, Appendix A, of the Federal Communications
Commission’s Rules and Regulations, the guidelines set forth in the
Telecommunications Service Priority for National Security Emergency
Preparedness Service User Manual and Service Vendor Handbook.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 42
Section 11 REGULATIONS (Cont’d)
11.1 Undertaking of the Company (Cont’d)
11.1.12 Government Authorization
The provision of the Company’s services is subject to and contingent
upon the Company obtaining and retaining all governmental
authorizations that may be required. The Company shall be entitled to
take any action necessary to bring its facilities and/or services into
conformance with any requirement or request of the Federal
Communications Commission or other governing entity or agency.
11.1.13 Rights of Way
Provisioning of the Company’s services is subject to and contingent
upon the Company’s ability to obtain and maintain rights-of-way and
access to public and private property necessary for installation of the
facilities used to provide the Company’s services to the Customer’s
service point as agreed to by the Company.
11.2 Prohibited Uses
11.2.1 The service the Company offers shall not be used for any unlawful
purpose or for any use as to which the Customer has not obtained all
required governmental approvals, authorizations, licenses, consents
and permits.
11.2.2 The Company may require a Customer to immediately shut down its
transmission of signals if said transmission is causing interference to
others.
11.3 Enhanced 911
The Company will provide the necessary information for appropriate routing of
E911 calls.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 43
Section 11 REGULATIONS (Cont’d)
11.4 Obligations of the Customer
11.4.1 General
The Customer shall be responsible for:
(a) payment of all applicable charges pursuant to this price list;
(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’s
premises, unless caused by the negligence or willful misconduct of
the employees or agents of the Company. The Company will, upon
reimbursement for damages, cooperate with the Customer in
prosecuting a claim against the person causing such damage and
the Customer shall be subrogated to 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
premises of the Customer, and the level of 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 local exchange
service to the Customer from the cable building entrance or
property line to the location of the equipment space described in
11.3.1(c). Any costs associated with the obtaining and maintaining
the rights-of-way described herein, including the costs of altering
the structure to permit installation of the Company-provided
facilities, shall be borne entirely by, or may be charged by the
Company to, the Customer. The Company may require the
Customer to demonstrate its compliance with this section prior to
accepting an order for service;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 44
Section 11 REGULATIONS (Cont’d)
11.4 Obligations of the Customer (Cont’d)
11.4.1 General (Cont’d)
(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’s employees
or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying,
monitoring, removing and disposing of any hazardous material
(e.g. friable asbestos) prior to any construction or installation work;
(f) complying with all laws and regulations applicable to, and
obtaining all consents, approvals, licenses and permits as may be
required with respect to, the location of Company facilities and
equipment in any Customer premises or the rights-of-way for
which Customer is responsible; and granting or obtaining
permission for Company agents or employees to enter the
premises of the Customer at any time for the purpose of installing,
inspecting, maintaining, repairing, or upon termination of service
as stated herein, removing the facilities or equipment of the
Company;
(g) not creating or allowing to be placed or maintained any liens or
other encumbrances on the Company’s equipment or facilities; and
(h) making Company facilities and equipment available periodically for
maintenance purposes at a time agreeable to both the Company
and the Customer. No allowance for interruptions in service will be
made for the period during which service is interrupted for such
purposes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 45
Section 11 REGULATIONS (Cont’d)
11.4 Obligations of the Customer (Cont’d)
11.4.2 Indemnification
With respect to any service, equipment or facility provided by the
Company, Customer shall indemnify, defend and hold harmless the
Company from and against all claims, actions, damages, liabilities, costs
and expenses, including reasonable attorneys’ fees for:
(a) any loss, destruction or damage to property of the Company or any
third party, or the death 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; or
(b) any claim, loss damage, expense or liability for infringement of any
copyright, patent, trade secret, or any proprietary or intellectual
property right of any third party, arising from any act or omission
by the Customer, including, without limitation, use of the
Company’s services and facilities in a name not contemplated by
the price list or any agreement between the Customer and the
Company.
11.5 Customer Equipment and Channels
11.5.1 General
A Customer may transmit or receive information or signals via the
facilities of the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 46
Section 11 REGULATIONS (Cont’d)
11.5 Customer Equipment and Channels (Cont’d)
11.5.2 Station Equipment
11.5.2.1 The Customer is responsible for providing and maintaining any
terminal equipment on the Customer premises that is not a
part of the service(s) that the Company provides. 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; 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. In case of such
temporary discontinuance, the Customer will be promptly
notified and given ten days to take the action necessary to
correct the condition that gave rise to the temporary
discontinuance and notify the Company of the action taken. If
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. During such period of temporary
discontinuance, credit allowance for service interruptions as
set forth in Section 7 is not applicable.
11.5.2.2 The Customer is responsible for ensuring that Customer-
provided equipment connected to Company equipment and
facilities is compatible with such equipment and facilities. The
magnitude and character of the voltages and currents
impressed on Company-provided equipment and wiring by
the connection, operation, or maintenance of such equipment
and wiring shall be such as not to cause damage to the
Company-provided equipment and wiring or injury to the
Company’s employees or other persons. Any additional
protective equipment required to prevent such damage or
injury shall be provided by the Company at the Customer’s
expense.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 47
Section 11 REGULATIONS (Cont’d)
11.5 Customer Equipment and Channels (Cont’d)
11.5.3 Interconnection of Facilities
11.5.3.1 Any special interface equipment necessary to achieve
compatibility between the facilities and equipment of the
Company used for furnishing communication services and the
channels, facilities, or equipment of others may be provided at
the Customer’s expense.
11.5.3.2 Communication 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 price lists of the other communications
carriers that are applicable to such connections.
11.5.3.3 Facilities furnished under this price list may be connected to
Customer provided terminal equipment in accordance with
the provisions of this price list.
11.5.4 Inspections
11.5.4.1 Upon reasonable notification to the Customer, and at a
reasonable time, the Company may make such tests and
inspections as may be necessary to determine that the
Customer is complying with the requirements set forth in
Section 11.5.2.2 for the installation, operation, and
maintenance of Customer-provided facilities and equipment to
Company-owned facilities and equipment. No credit will be
allowed for any interruptions occurring during such
inspections.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 48
Section 11 REGULATIONS (Cont’d)
11.5 Customer Equipment and Channels (Cont’d)
11.5.4 Inspections (Cont’d)
11.5.4.2 If 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. If 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.
11.6 Conflicts between Price List and Commission Rules
If this price list contains provisions that deny or restrict a Customer’s rights
otherwise protected by Commission rules, Commission rules supersede any
conflicting tariff or price list provisions that deny or restrict any of those rights,
unless otherwise ordered by the Commission, court order, or statute.
11.7 Exculpatory Clause
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes
that it is a court’s responsibility to adjudicate negligence and consequential
damage claims. It is also the court’s responsibility to determine the validity of
the exculpatory clause.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 49
Section 12 LOCAL EXCHANGE SERVICES
12.1 Application to Local Exchange Services
This section contains the regulations and rates applicable to the provision of
Residential and Business Local Exchange Services by WesTelFiber.
12.2 General
Local Exchange Services provides the Customer with connection to the public
switched telecommunications network. In addition, Local Exchange Service
provides the Customer with a unique telephone number address on the public
switched telecommunications network. Each Local Exchange Service enables the
customer to:
a) receive calls from other stations on the public telecommunications
network;
b) access other services offered by the Company as set forth in this price
list;
c) access certain interstate and international calling services provided by
the Company;
d) access the Company’s operators and business offices for service related
assistance;
e) access emergency services by dialing 0- or 9-1-1
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 50
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.3 Service Descriptions
12.3.1 Residence Service
Residence Service provides the Customer with 2-way communications.
It includes the following features as standard: Abbreviated Dialing,
Anonymous Call Rejection, Call Block, Call Forward, Call Park, Call Pick-
up, Call Return, Call Transfer, Call Waiting, Caller ID, Do Not Disturb,
Priority Call, Privacy Guard, Redial, 3-Way Conferencing and Voice Mail.
Customers subscribing to Residence Service are required to pay the
monthly rates for service, whether or not all standard features are
activated at initial installation. Optional features are available for an
additional charge.
12.3.1.1 Availability
Residential Service will only be offered to customers that are
on the fiber network provided by the Company. This is
referred to as on-net.
12.3.2 Business Service
A Business Line delivered over the Company’s system provides the
Customer with 2-way communications.
12.3.2.1 Availability
The Company is generally offering Business Service to
customers who purchase high-speed Internet or multiple
services from the Company on an individual case basis (ICB)
under contract.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 51
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
Reserved for Future Use
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 52
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.3 Service Descriptions (Cont’d)
12.3.3 Standard Residence Service Features
a) Abbreviated Dialing
Allows you to program and store a local or long distance call to
a 1 or 2 digit number.
Alternate Call
b) Anonymous Call Rejection
Prevents calls from ringing into your home if the caller’s line is
blocked.
c) Call Block
Allows you to block calls from unwanted callers
d) Call Forwarding All Calls
Allows you to forward both busy and no answer calls to the
same number or to forward just a select call.
e) Call Park
Allows you to place a call on hold and retrieve the call from
another phone.
Call Hold
f) Call Pick-up
Allows you to place a call on hold and answer another line
from your phone.
g) Call Return
Allows you to call back the last number that called you.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 53
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.3 Service Descriptions (Cont’d)
12.3.3 Standard Residence Service Features (Cont’d)
h) Call Transfer
Allows you to transfer a call on your line to another line. You
may perform a blind transfer or stay on the line to announce
the caller.
i) Call Waiting
Allows you to take a second incoming call and toggle back and
forth between the two calls while only having one line. A tone
alerts you to the second incoming call. You may also cancel
this feature.
j) Caller Identification – Name & Number
Allows you to see the name and number calling you on a
telephone equipped with a Caller ID display.
k) Do Not Disturb
Allows you to busy out your phone.
l) Priority Call
Allows you to program numbers that you want to ring your
phone distinctively when they call
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 54
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.3 Service Descriptions (Cont’d)
12.3.3 Standard Residence Service Features (Cont’d)
m) Privacy Guard
Allows you to screen callers that have no Caller ID before the
call is delivered to your telephone. Callers are asked to record
their name and enter a password before the call is delivered to
your telephone.
n) Redial
Allows you to redial the last number that you dialed
o) 3-Way Conferencing
Allows you to add, or conference another party into an existing
call or conversation.
Directory
Hunting
Link
p) Voice Mail
Allows the system to answer your calls when you are busy or
unavailable and do not answer. Your callers are presented with
your personal greeting and an opportunity to leave you a
message.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 55
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.3 Service Descriptions (Cont’d)
12.3.4 Optional Residence Service Features
a) Automated Attendant
b) Fax line
c) Voice Mail Box
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 56
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.4 Directory Services
The Company will provide customer directory listings to the local exchange
company for publication.
a) Additional Listing
A listing provided in addition to the primary or main listing on a
telephone service. It is provided in the same directory as the primary
listing.
b) Primary Directory Listing
A primary directory listing provides essential information in the
telephone directory or Directory Assistance record that allows
telephone users to determine the telephone number of a listed
customer. Each primary residential service is entitled to a listing
appearance in the alphabetical section of the directory at no additional
charge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 57
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.4 Directory Services (Cont’d)
c) Non-Published Service
Non-Published service prevents your listing from appearing in the
telephone directory or on Directory Assistance.
d) Non-Listed Service
Non-Listed service prevents your listing from appearing in the
telephone directory but allows it to be available through Directory
Assistance.
e) Alpha Listing
An Alpha listing is an additional listing with an alphabetic translation
of the end-user’s telephone number in the white pages.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 58
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.5 Rates and Charges
Residence Service
Residence Service Plans Installation Monthly Local Long
Fee Rate Calling Distance
Residence Standard Line Plan: includes 1
line, all standard features, 1 voice mail box
and unlimited local calling
$0.00
$26.95
Unlimited
$0.03/min
Additional Residence Standard Line $0.00 $19.95 Unlimited $0.03/min
Residence Unlimited Line Package $0.00 $46.95 Unlimited Unlimited
Additional Residence Unlimited Line $0.00 $39.95 Unlimited Unlimited
Premise Visit Set-up Fee $37.50
No-Premise Visit Required Free
Residence Bundles – include Internet Installation Monthly Local Long Bandwidth
and all standard features above Fee Rate Calling Distance
The Prime $0.00 $51.95 Unlimited $0.03/min 10Mb
The Advanced $0.00 $59.95 Unlimited $0.03/min 14Mb
The Premier $0.00 $66.95 Unlimited $0.03/min 17Mb
The Executive $0.00 $119.95 Unlimited Unlimited 30Mb
SOHO Prime + Fax $0.00 $65.95 Unlimited $0.03/min 10Mb
SOHO Advanced + Fax $0.00 $73.95 Unlimited $0.03/min 14Mb
SOHO Premier + Fax $0.00 $79.95 Unlimited $0.03/min 17Mb
SOHO Executive + Fax $0.00 $139.95 Unlimited Unlimited 30Mb
Premise Visit Set-up Fee $37.50
No-Premise Visit Required Free
Business Service Installation Monthly
Fee Rate
Business services are negotiated on an
individual case basis (ICB) under contract.
ICB ICB
Miscellaneous Installation Monthly Local Long
Fee Rate Calling Distance
Additional Numbers Free
Reserved Numbers Free
Service Order Charge, per order Pass
Through
NA
LD Provider Change Only, per line Pass
Through
NA
Add a Fax Line $37.50 $14.00 Unlimited $0.03/min
Add Unlimited LD, per Line Free $19.95
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 59
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
12.5 Rates and Charges (Cont’d)
Directory Services Fees
Directory Services Fees Installation Monthly
Fee Rate
Additional Directory Listing Pass Through Pass Through
Non-Published Service Pass through Pass through
Non-Listed Service Pass Through Pass Through
Alpha Listing Pass Through Pass Through
Listing Changes, per Order Pass Through Pass Through
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 60
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
Reserved for Future Use
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 61
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
Reserved for Future Use
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 62
Section 12 LOCAL EXCHANGE SERVICES (Cont’d)
Reserved for Future Use
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 63
Section 13 LONG DISTANCE SERVICE
13.1 General
This section applies to Long Distance Services furnished or made available by the
Company and connecting carriers, between two or more points, which are located within
the State of Idaho and out of the State of Idaho.
13.2 Dial Station-to-Station Service
The Company offers Dial Station-to-Station Long Distance Service to Local Service
customers. The following charges apply when the calling party dials the desired
telephone number without the assistance of an operator and the call is billed to the
calling number. This includes calls forwarded by call forwarding equipment. Dial Station-
to-Station also applies when the operator:
• Records the calling telephone number for areas without recording
equipment.
• Reaches the called telephone number because of trouble on the
network or because dial completion is not available.
• Places a call for a calling party who is identified as being disabled and is
unable to dial the call because of that disability.
• Reestablishes a dialed call when there is a service fault that interrupts a
call after the called party has been reached.
13.3 Timing of Calls
13.3.1 Chargeable time for all calls begins when the connection is established
between the calling party and the called party.
13.3.2 The timing for a call ends when the calling party hangs up the
telephone. If the called party hangs up, but the calling party does not,
the timing of the call ends when the automatic timing equipment or the
company operator releases the network connection.
13.3.3 Conversation minutes are billed in six (6) second increments following
the initial period of one minute.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 64
Section 13 LONG DISTANCE (Cont’d)
13.4 Collection of Charges
Charges for Long Distance calls are billed to the calling party, except where:
• The calling party places the call as a collect call and the called party
accepts the charge.
• The call is billed to a third telephone number, unless restricted from
accepting this call type.
• The calling party uses an authorized calling card or special billing
number.
13.5 Payment Arrangements
The customer is responsible for payment of all charges for services furnished, due upon
receipt of the bill. This responsibility includes charges for all:
• Calls originated at the customer’s station.
• Calls accepted at the customer’s station.
• Authorized calls billed to the customer’s station.
• Authorized calls billed to the customer’s calling card.
13.6 Rates
Rate
Residential Long Distance Service, per minute
with voice packages only $.03/minute
Residential Long Distance Service, per minute
with bundled packages only $.03/minute
Residential Long Distance Services associated Included in line
with an unlimited LD package or unlimited LD bundle or package rate
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 65
Section 14 PRE-SUBSCRIPTION
14.1 General
Pre-subscription is a procedure whereby an End User or location provider may
select and designate to the Company an Interexchange carrier(s) to access,
without dialing an access code for calls leaving the local service area of the
Company. The Interexchange carriers are referred to as the End User's or location
provider's primary Interexchange carrier. The End User or location provider will
be allowed to select a primary Interexchange carrier for IntraLATA calls and a
primary Interexchange carrier for InterLATA calls.
Should a caller wish to use the services of an Interexchange carrier other than the
primary Interexchange carrier, it is necessary for the caller to dial the necessary
access code(s) to reach that Interexchange carrier's services.
14.2 Application of Charges
a) End users or location providers placing orders for service will be
asked to select a primary Interexchange carrier (PIC) and a local
primary Interexchange carrier (LPIC) at the time they place an order
with the Company for Local Exchange Service. There will be no
charge for this selection.
b) End users or location providers that choose to change their primary
Interexchange carrier and/or their local primary interexchange
carrier within one month of the effective date of their new service
will not be charged for the change.
c) Subsequent to a one-month period following installation of Local
Exchange Service, for any change in selection, including a change
from one access code to another access code for the same
Interexchange carrier, a nonrecurring charge applies. The
nonrecurring charge for a primary Interexchange carrier (PIC)
and/or their local primary interexchange carrier change is billed to
the End User who is the subscriber to the Local Exchange Service.
However, an Interexchange carrier may, at its option, elect to pay
the charge for any End User and/or location provider at any time.
The nonrecurring charge for a PIC change is set forth in this price
list.
d) In the event that the LPIC and PIC are changed at the same time on
the same order, the applicable rate for the change will be one-half
of the applicable change charges.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 66
Section 14 PRE-SUBSCRIPTION (Cont'd)
14.3 Dispute Application
If the End User or location provider disputes a PIC/LPIC change, the Company will
investigate the origin of the change and shall restore the End User or location
provider to their previous PIC/LPIC. If the change was due to Company error, the
End User or location provider will be returned to their previous primary
Interexchange carrier and/or previous local primary Interexchange carrier free of
charge. If the change was submitted by an Interexchange carrier, and the
Interexchange carrier is unable to produce the signed End User or location
provider Letter of Authorization (LOA), the nonrecurring charges will be assessed
to the unauthorized Interexchange carrier.
If there is a conflict between an End User, a location provider, or their respective
agent, on the one hand, and an Interexchange carrier on the other hand, over
the designation of the primary Interexchange carrier and/or local primary
Interexchange carrier, the Company will honor the designation selected by the
End User, location provider or their respective agent, regardless of any
contractual obligations the End User, location provider or agent may have with
one or more Interexchange carriers.
If there is a conflict between an End User and/or location provider, on the one
hand, and their agent on the other hand, over the designation of the primary
Interexchange carrier and/or local primary Interexchange carrier, the Company
will honor the designation selected by the End User and/or location provider,
regardless of any contractual obligations the End User and/or location provider
may have with one or more Interexchange carriers or agents.
The nonrecurring charge for an Unauthorized PIC change is set forth in this price
list.
14.4 Pre-subscription Rates and Charges
Non-Recurring Charge
PIC Change, per line Pass Through
LPIC Change, per line Pass Through
Change PIC/LPIC at the same time, per order Pass Through
Unauthorized PIC Change, per line Pass Through
Carrier Initiated Conversion, per line Pass Through
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 67
Section 15 PRIVATE LINE SERVICES
15.1 Application to Private Line Services
This section contains particular regulations, rates and charges applicable to the
provision of Private Line Services by the Company.
15.2 Service Description
15.2.1 Private Line Services provide dedicated, private line transmission
capacity.
15.2.2 DS0 Service
DS0 Service provides a digital transmission path at speeds up to and
including 64 Kbps or, if provided over analog facilities, within the
nominal frequency range of 300 and 3,000 Hz.
15.2.3 DS1 Service
DS1 Service provides a digital transmission path at a rate of 1.544 Mbps.
15.2.4 DS3 Service
DS3 Service provides a digital transmission path at a rate of 44.736
Mbps.
15.3 Rate Information
Intrastate Private Line Services are provided by the Company on a location basis
and rates will be developed on a case-by-case basis.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho
Issued: December 18, 2007 WesTelFiber Effective: January 1, 2008
1450 Eagle Flight Way
Boise, ID 83709
Original Sheet 68
Section 16 Trial Service Offerings
In the normal course of business the Company, at its discretion, may elect to
offer certain services to Customer on a “trial basis”. These trial offerings do
not obligate the Company to continue the trial beyond a stated period or to offer
said service as general price listed offering in the future.
Section 17 Individual Case Basis (ICB) Arrangements
Arrangements will be developed on a case-by-case basis in response to a
Bona fide request from a Customer or prospective Customer to develop a
competitive bid for a service offered under this price list. Rates quoted in
response to such competitive requests may be different than those specified
for such service in this price list. ICB rates will be offered to the Customer in
writing and on a non-discriminatory basis.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
January 1, 2008
Boise, Idaho