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HomeMy WebLinkAboutTrinsic Communications Inc Tariff No 4.pdfTrinsic Communications, Inc.Idaho Tariff No. Original Title Page COMPETITIVE ACCESS PROVIDER SERVICES TARIFF This Idaho Tariff No.4 by Trinsic Communications, Inc., formerly known as Z- Tel Communications, cancels and replaces, in its entirety, the current tariff on file with the Commission Idaho Tariff No.2, issued by Z- Tel Communications, Inc. IDAHO TELECOMMUNICATIONS ACCESS SERVICES TARIFF Trinsic Communications, Inc. This tariff contains the descriptions, regulations, and rates applicable to the provision of competitive access telecommunications services provided by Trinsic Communications, Inc. with principal offices at 601 South Harbour Island Boulevard, Suite 220, Tampa, Florida 33602 for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the Company s principal place of business. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi6e, Idaho . ." Issued: December 20,2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc. COMPETITIVE ACCESS PROVIDER SERVICES TARIFF Idaho Tariff No. Original Page 1 CHECK SHEET Pages of this tariff are effective as of the date shown at the bottom of the respective page(s). Original and revised pages as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE Title Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original - indicates pages included in this filing. REVISION Original Original Original Original Original Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 '- 2005 Boise, Idaho ~ ... "----- , .. n "..'" ..-_...~ '--"'---------------- Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 2 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF TABLE OF CONTENTS Title Page................................................................................................................................................. Title Check Sheet................................................................................................................................................... Table of Contents ............................................................ ........................................................ ..................... Symbols ......................................................................................................................................................... Tariff Format ................................................................................................................................................. Section 1 - Definitions........................................................................................................................... ........ Section 2 - Rules and Regulations ................................ .......................................................... ............. ....... 10 Section 3 - Ordering Options for Access Service ........................................................................................40 Section 4 - Switched Access Service .......................................................................................................... Section 5 - Switched Access Rates ............................................................................................................. Section 6 - Local Traffic Exchange and Termination.................................................................................. 51 Section 7 - Contracts and Individual Case Basis Arrangements .................................................................. 52 Section 8 - Miscellaneous Services. ................,..................................................................................... ....... Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 '- 2005 Boise, Idaho --.----- .... .. - ",-"--"--'" ,.".. ""..- ""'" Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 3 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SYMBOLS The following are the only symbols used for the purposes indicated below: Delete or discontinue. Change resulting in an increase to a customer s bill. Moved from another tariff location. New. Change resulting in a reduction to a customer s bill. Change in text or regulation but no change in rate or charge. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG JAN 1 '- 2005 .. . BoNie, Idaho -----".................,..,....--...... "", -- """.,- Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 4 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be 14. B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the th revised Page 14 cancels the 3rd revised Page 14. Because of various suspension periods, deferrals, etc. the Commission follows in its tariff approval process, the most current page number on file with the Commission is not always the page in effect. Consult the Check Sheet for the page currently in effect. C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to the next higher level: 2. 1. LA. 2. 1. LA. 1. 1. LA. 1. (a) (a).I. (a).I.(i). 1.A.1.(a).I.(i).(1). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 5 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 1 - DEFINITIONS Certain terms used generally throughout this tariff for the Access Services of this Company are derIDed below. Access Code : A uniform seven digit code assigned by the Company to an individual Customer. The seven digit code has the form 950-XXXX or 101XXXX. Access Service: Switched Access to the network of an Interexchange Carrier for the purpose of originating or terminating communications. Access Service Request (ASR1: The industry service order format used by Access Service Customers and access providers as agreed to by the Ordering and Billing Forum. Access Tandem: An Exchange Carrier s switching system that provides a concentration and distribution function for originating or terminating traffic between local switching centers and Customers' premises. Authorized User: A person, firm, corporation or other entity that either is authorized by the Customer to use Access Services or is placed in a position by the Customer, either through acts or omissions, to use Access Services. Carrier or Common Carrier: See Interexchange Carrier or Exchange Carrier. Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange service in the state. Commission: The Idaho Public Utilities Commission. Common Channel Signaling (CCS): A high-speed packet switched communications network which is separate (out of band) from the public packet switched and message networks. It is used to carry addressed signaling messages for individual trunk circuits and/or database related services between signaling points in the CCS network. Idaho P~blic Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING JAN - 2005 Boise, Idaho .-...---.. .'""... ...'--. ,. . "'" ~ .... . Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 6 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 1 - DEFINITIONS, (CONT' Company : Trinsic Communications, Inc., issuer of this tariff. Constructive Order: Delivery of calls to or acceptance of calls from the Company s End User locations over Company-switched local exchange services constitutes a Constructive Order by the Customer to purchase switched access services as described herein. Similarly the selection by a Company s End User of the Customer as the presubscribed IXC constitutes a Constructive Order of switched access by the Customer. Customer: The person, firm, corporation or other entity which orders Service and is responsible for the payment of charges and for compliance with the Company s tariff regulations. The Customer could be an interexchange carrier, a wireless provider, or any other carrier authorized to operate in the state. 8XX Data Base Access Service: The term "8XX Data Base Access Service" denotes a toll-free originating Trunkside Access Service when the 8XX Service Access Code (i., 800, 822, 833,844 855,866,877, or 888 as available) is used. End User Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier. Entrance Facility: A trunk facility connecting the Customer s point of presence with the local switching center. Exchange Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged in the provision of local exchange telephone service. Firm Order Confirmation (FOC~: Acknowledgment by the Company of receipt of an Access Service Request from the Customer and commitment by the Company of a Service Date. 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. Inter-MT A Traffic - Wireless traffic originating on the network of a CMRS provider within one MT A and terminating to the Company s end-user subscribers in another MT A. Intra-MTA Traffic - Wireless traffic originating on the network of a CMRS provider within a MTA and terminating to the Company s end-user subscribers in the same MT A. Issued: December 20, 2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 Effective: January 1,2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - _501 Boise, Idaho Trinsic Communications, Inc.Idaho Tariff No. Original Page 7 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 1 - DEFINITIONS, (CONT' Interexchan2e Carrier (IXC) or Interexchan2e Common Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged in state or foreign communication for hire by wire or radio, between two or more exchanges. LA T A: A local access and transport area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192 for the provision and administration of communications services. Line Information Data Base (LIDB~: The data base which contains base information such as telephone numbers, calling card numbers and associated billed number restriction data used in connection with the validation and billing of calls. Local Access: The connection between a Customer s premises and a point of presence of the Exchange Carrier. Local Switchin2 Center: The switching center where telephone exchange service Customer station Channels are terminated for purposes of interconnection to each other and to interoffice Trunks. Local Traffic: Traffic is "Local Traffic" under this tariff is: (i) the call originates and terminates in the same exchange area~ or (ii) the call originates and terminates within different Trinsic Exchanges that share a common mandatory local calling area, e., a mandatory Extended Local Calling Service (ELCS) or Extended Area Service areas (EAS) or other like types of mandatory local calling scopes. Meet Point: A point of interconnection that is not an end office or tandem. Meet Point Billin2: The arrangement through which multiple Exchange Carriers involved in providing Access Services, divide the ordering, rating, and billing of such services on a proportional basis, so that each Exchange Carrier involved in providing a portion of the Access Service agrees to bill under its respective tariff. Mobile Telephone Switchin2 Office: Location where the wireless Customer maintains a facility for purposes of interconnecting to the Company s Network. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Bo~e, Idaho '-""""'" ... '..... . - . Issued: December 20 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 " " Trinsic Communications, Inc.Idaho Tariff No. Original Page 8 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 1 - DEFINITIONS, (CONT' Mutual Traffic Exchan2e: A compensation arrangement between certified local exchange service providers where local exchange service providers pay each other "in kind" for terminating local exchange traffic on the other s network. Network Services: The Company s telecommunications Access Services offered on the Company s Network. Non-Recurrin2 Char2es: The one-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees, for which the Customer becomes liable at the time the Service Order is executed. Off-Hook: The active condition of Switched Access or a telephone exchange service line. Optional Expanded Area Service Traffic (OEAS): Optional service found in large urban areas financed by separate charge on end users that elect service as defined by a tariffed approved by the Commission. On-Hook: The idle condition of switched access or a telephone exchange service line. Out of Band Si2nalin2: An exchange access signaling feature which allows customers to exchange call control and signaling information over a communications path which is separate from the message path. Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the Company s Network. Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc. Presubscription: An arrangement whereby an End User may select and designate to the Company an Interexchange Carrier (IXC) or Carriers it wishes to access, without an Access Code, for completing both intraLATA toll calls and/or interLATA calls. The selected IXC(s) are referred to as the End User s Primary Interexchange Carrier (PIC). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Bo~e, Idaho ~-"-'-'-- ... ...,... ......-- Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 9 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 1 - DEFINITIONS, (CONT' Recurrin2 Char2es: The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. Service Order: The written request for Network Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Access Service Request by the Customer in the manner specified in this tariff. ServiceW,: The Company s telecommunications Access Services offered on the Company s Network. Si2nalin2 Point of Interface: The Customer designated location where the SS7 signaling information is exchanged between the Company and the Customer. Si2nalin2 System 7 : The common Channel Out of Band Signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Switched Access Service: Access to the switched network of an Exchange Carrier for the purpose of originating or terminating communications. Switched Access is available to carriers, as defined in this tariff. Trinsic: Trinsic Communications, Inc., issuer of this tariff. Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. Wireless Provider: Any carrier authorized to operate as a provider of cellular, personal communications, paging or any other form of wireless transmission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boiie, Idaho ,,"', ..co Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 10 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS Undertaking of Trinsic Communications, Inc. 1.1 Scope Trinsic s services offered pursuant to this Tariff are furnished for Switched Access Service. Trinsic may offer these services over its own or resold facilities. Trinsic installs, operates, and maintains the communications services provided herein in accordance with the terms and conditions set forth under this Tariff. Trinsic may act as the Customer s agent for ordering access connection facilities provided by other carriers or entities as required in the Commission s rules and orders, when authorized by the Customer to allow connection of a Customer s location to the Trinsic network. The Customer shall be responsible for all charges due for such service agreement. The Company s services and facilities are provided on a monthly basis unless otherwise indicated, and are available twenty-four hours per day, seven days per week. Shortage of Equipment or Facilities The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company when necessary because of lack of facilities or due to some other cause beyond the Company s control. The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company 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. The provisioning and restoration of service in emergencies shall be in accordance with Part 64, Subpart D, Appendix A of the Federal Communications Commission Rules and Regulations, which specifies the priority system for such activities. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi5e, Idaho Issued: December 20, 2004 Effective: Januari 1~'1UO5 ,- - ...-- Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.3 Terms and Conditions Except as otherwise provided herein, service is provided and billed on the basis of a minimum period of at least one month, and shall continue to be provided until canceled by the Customer, in writing, on not less than 30 days notice. Unless otherwise specified herein, for the purpose of computing charges in this tariff, a month is considered to have 30 days. Customers seeking to cancel service have an affirmative obligation to block traffic originating from or terminating to the Company s network. By originating traffic from or originating traffic to the Company s network, the Customer will have constructively ordered the Company s switched access service. The Customer agrees to operate Company-provided equipment in accordance with instructions of the Company or the Company s agent. Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to section 2.D below. 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 '- 2005 Boi5e, Idaho -..-....-, ".... ...... -.",".. ... ,. - .. '-' . ,,- -. -.. Issued: December 20, 2004 Issued by: Effective: January 1 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 12 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.4 Liability of the Company The liability of the Company for damages arising out of the furnishing of its Services, including but not limited to mistakes, omissions, interruptions, delays, errors, other defects, or representations by the Company, or use of these services or damages arising out of the failure to furnish the service whether caused by act or omission, shall be limited to the extension of allowances for interruption as set forth in 2. below. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company. The Company will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any Company service, equipment or facilities, or the acts or omissions or negligence of the Company s employees or agents. With respect to any other claim or suit, by a Customer or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair interruption or restoration of any service or facilities offered under this tariff, and subject to the provisions of the Company s liability, if any, shall be limited as provided herein. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG JAN 1 - 2005 Boise, Idaho - ,--.,--... .,.., . .., Issued: December 20, 2004 Issued by: Effective: January 1 , 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 13 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.4 Liability of the Company, (Cont' The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction action, or request of The United States government or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of anyone or more of these federal, state, or local governments, or of any military authority; preemption of existing service in compliance with national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lockouts work stoppages, or other labor difficulties. The Company shall not be liable for (a) any act or omission of any entity furnishing the Company or the Company s Customers facilities or equipment used for the interconnection with Access Services; or (b) for the acts or omissions of other Common Carriers. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi.se, Idaho -- -,- ,.., ".- Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 14 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.4 Liability of the Company, (Cont' 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. The Customer shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits, or other actions, or any liability whatsoever, whether suffered made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, condition, location, or use of any installation or equipment provided by the Company. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section 2.1.4.F as a condition precedent to such installations. The Company shall not be liable for any defacement of or damage to Customers Premises resulting from the furnishing of services or equipment on such Premises or the installation or removal thereof, unless such defacement or damage is caused by the gross negligence or willful misconduct of the Company s agents or employees. No agents or employees of other participating Carriers shall be deemed to be agents or employees' of the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi-se, Idaho -..-.-.._-,..,. ",.,_".. ..0. -.. -". ,.' ..... Effective: January 1, 2005Issued: December 20, 2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 15 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.4 Liability of the Company, (Cont' Notwithstanding the Customer s obligations as set forth in Section 2.3 below, the Company shall be indemnified, defended and held harmless by the Customer, or by others authorized by it to use the service, against any claim, loss or damage arising from Customer s use of services furnished under this tariff, including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the material, data, information, or other content transmitted via the Company s service; and patent infringement claims arising from combining or connecting the service offered by the Company with apparatus and systems of the Customer or others; all other claims arising out of any act or omission of the Customer or others, in connection with any service provided by the Company pursuant to this tariff. The Company shall be indemnified and held harmless by the End User against any claim, loss or damage arising from the End User s use of services offered under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the End User s own communications; patent infringement claims arising from the End User s combining or connecting the service offered by the Company with facilities or equipment furnished by the End User of another Interexchange Carrier; or all other claims arising out of any act or omission of the End User in connection with any service provided pursuant to this tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG JAN 1 - 2005 Boise, Idaho """'- , ..' Issued: December 20,2004 Issued by: Effective: January 1 , 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 16 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Liability of the Company. (Cont' The entire liability of the Company for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim, and no action or proceeding against the Company shall be commenced more than one year after the service is rendered. The Company makes no warranties or representation, express or implied, including warranties or merchant's ability or fitness for a particular use, except those expressly set forth herein. The Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the service, or for damages associated with service, Channels, or equipment which result from the operation of Customer-provided systems, equipment, facilities or service which are interconnected with Company servIces. The 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' 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 JAN 1 - 2005 Boise, Idaho -"--... ,.. ." .".-".....-, - -", ,-, .... Issued: December 20, 2004 Issued by: Effective: January 1 , 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 17 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Liability of the Company. (Cont' The Company does not guarantee nor make any warranty with respect to service installations at locations at which there is present an atmosphere that is explosive, prone to fire, dangerous or otherwise unsuitable for such installations. The Customer and End User shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits or other actions, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to, or death of, any person or persons, or for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, locations or use of service furnished by the Company at such locations. The Company shall not be liable for the Customer s failure to fulfill its obligations to take all necessary steps including, without limitation, obtaining, installing and maintaining all necessary equipment, materials and supplies, for interconnecting the terminal equipment or communications system of the Customer, or any third party acting as its agent, to the Company s Network. The Customer shall secure all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. In addition, the Customer shall ensure that its equipment and/or system or that of its agent is properly interfaced with the Company s service, that the signals emitted into the Company s Network are of the proper mode, band-width, power, data speed, and signal level for the intended use of the Customer and in compliance with the criteria set forth in Section 2.6 following, and that the signals do not damage Company equipment, injure its personnel or degrade service to other Customers. If the Customer or its agent fails to maintain and operate its equipment and/or system or that of its agent properly, with resulting imminent harm to Company equipment, personnel, or the quality of service to other Customers, the Company, may, upon written notice, require the use of protective equipment at the Customer expense. If this fails to produce satisfactory quality and safety, the Company may, upon written notice, terminate the Customer s service without liability. Issued: December 20, 2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 Effective: January 1, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 200))501 Boise, Idaho Trinsic Communications, Inc.Idaho Tariff No. Original Page 18 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' 1.5 Notification of Service-Affectine Activities The Company will provide the Customer reasonable notification of service-affecting activities within its control that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable, notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho , ,-, , ,. ; Issued: December 20,2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 19 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Provisions of Equipment and Facilities The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer. The Company shall use reasonable efforts to maintain facilities and equipment that furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities or equipment installed by the Company, except upon the written consent of the Company. The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided it. The Customer shall be responsible for the payment of service charges imposed on the Company by another entity, for visits to the Customer Premises when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho , .,.. .. '.. '.. ,....,.... '--'" """ .., ,.:.... .,..- Issued: December 20, 2004 Issued by: Effective: January 1 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 20 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Provisions of Equipment and Facilities. (Cont' The Company shall not be responsible for the installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Notwithstanding the above, the Company shall not be responsible for: the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; the reception of signals by Customer-provided equipment; or network control signaling where such signaling is performed by Customer- provided network control signaling equipment. The Company intends to work cooperatively with the Customer to develop network contingency plans in order to maintain maximum network capability following natural or man-made disasters which affect telecommunications services. The Company reserves the reasonable right to assign, designate or change telephone numbers, any other call number designations associated with Access Services, or the Company serving central office prefixes associated with such numbers, when necessary in the conduct of its business. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi.se, Idaho ,-,._..... .. .., """" Issued: December 20, 2004 Effective: January 1,2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 21 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Non-routine Installation At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or in unusual locations. In such cases, charges based 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. Special Construction Subject to the arrangement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken and characterized by one or more of the following: where facilities are not presently available and there is no other requirement for the facilities so constructed; of a type other than that which the Company would normally utilize in the furnishing of its services; where facilities are to be installed over a route other than that which the Company would normally utilize in the furnishing of its services; where facilities are requested in a quantity greater than that which the Company would normally construct; where installation is on an expedited basis; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho -""..-, Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 22 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of Trinsic Communications, Inc., (Cont' Special Construction. (Cont' on a temporary basis until permanent facilities are available; installation involving abnormal costs; or in advance of its normal construction schedules. Special construction charges for Switched Access Service will be determined on an individual use basis. Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the Company, its agents, contractors or suppliers. Prohibited Uses The services the Company offers shall not be used for any unlawful purposes or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. The Company may require applicants for service who intend to use the Company s offerings for resale and/or for shared use to file a letter with the Company confirming their use of the Company s offerings complies with relevant laws and applicable state regulations, policies, orders, and decisions; and if the Reseller intends to provide intrastate services, is certified with the appropriate state entity. The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi-se, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 , ...... Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 23 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer The Customer shall be responsible for: the payment of all applicable charges pursuant to this tariff; reimbursing the Company for damage to, or loss of, the Company s facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company. The Company will, upon reimbursement for damages to its facilities or equipment, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subjugated in the Company s right of recovery of damages to the extent of such payment; providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space, and power to operate Company facilities and equipment installed on the Customer Premises, and the level of heating and air conditioning necessary to maintain the proper operating environment on such Premises; obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Access Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.l.C above. Any costs associated with obtaining and maintaining the rights-of-way described herein including the costs of altering the structure to permit installation of the Company- provided facilities, shall be owned entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this subsection prior to accepting an order for service; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 ~ 2005 Boise, Idaho . ".."""'-" ... Issued: December 20, 2004 Issued by: Effective: January 1, 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 24 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer, (Cont' The Customer shall be responsible for, (Cont' ),:, providing a safe place to work and complying with all laws and regulations regarding the working conditions on the Premises at which Company employees and agents shall be installing or maintaining the Company s facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company s opinion, injury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing, and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work; complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses, and permits as may be required with respect to, the location of Company facilities and equipment in any Customer Premises or the rights-of-way for which Customer is responsible obtaining under Section 2.1.D above; and granting or obtaining permission for Company agents or employees to enter the Customer Premises at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; and not creating or allowing to be placed or maintained any liens or other encumbrances on the Company s equipment or facilities. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho ~-_.- "-... , Effective: January 1, 2005Issued: December 20, 2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 25 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer, (Cont' Claims With respect to any service or facility provided by the Company, Customer shall indemnify, defend and hold harmless the Company from all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees for: any loss, destruction or damage to property of the Company or any third party, or the death of or injury to persons, including, but not limited to employees or invitees of either the Company or the Customer, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees; any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company s services and facilities in a manner not contemplated by the agreement between the Customer and the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 ~ 2005 Boise, Idaho Issued: December 20, 2004 , ,,-,.., Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 26 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer, (Cont' Jurisdictional Reportine The jurisdictional reporting requirements will be as specified below. When a Customer orders Access Service, its projected Percent Interstate Usage (Pill) must be provided in whole numbers to the Company. These whole number percentages will be used by the Company to apportion the use and/or charges between interstate and intrastate until a revised report is received as set forth herein. Reported or default PIU factors are used only where the call detail is insufficient to determine the appropriate jurisdiction of the traffic. Orieinatine Access:Originating access minutes is only traffic originating from the Company Local Switching Center(s). The Customer should provide the Company with a projected Pill factor on a quarterly basis. If no PIU for originating minutes is submitted as specified herein, then the projected Pill will be set on a default basis of 50 percent interstate traffic and 50 percent intrastate traffic. Terminatine Access:For Feature Group D Switched Access Service(s), the Customer should provide the Company with a projected Pill factor by supplying the Company with an interstate percentage of terminating access minutes on a quarterly basis, as described in Sections 2.D below. If no projected PIU factor is submitted by the Customer, then the projected Pill will be set on a default basis of 50 percent interstate traffic and 50 percent intrastate traffic. Except where the Company measured access minutes are used as set forth above, the Customer reported Projected Pill factor as set forth above will be used until the Customer reports a different projected Pill factor, as set forth below. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20,2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 27 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Obligations of the Customer, (Cont' Jurisdictional Reportin2, (Cont' Effective on the first of January, April, July and October of each year the Customer should update its interstate and intrastate jurisdictional report. The Customer should forward to the Company, to be received no later than 15 days after the first of each such month, a revised report showing the interstate and intrastate percentage of use for the past three months ending the last day of December, March, June, and September, respectively, for each service arranged for interstate use, based solely on the traffic originating from or terminating to the Company Local Switching Center. The revised report will serve as the basis for the next three months' billing and will be effective on the bill date for that service. If the Customer does not supply the reports for those services where reports are needed, the Company will assume the percentage to be the same as that provided previously. For those cases in which a quarterly report has never been received from the Customer, the Company will assume the percentages to be the same as those provided in 2.3A and 2.3B above. Jurisdictional Reports Verification: For Switched Access Service, if a billing dispute arises or a regulatory commission questions the projected Pill factor, the Customer will provide the data issued to determine the projected Pill factor. The Customer will supply the data within 30 days of the Company request. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho --- I Issued: December 20, 2004 Issued by: Effective: January 1 , 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 28 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Oblig~tions of the Customer, (Cont' Jurisdictional Reportin2, (Cont' Jurisdictional Reports Verification: (Cont' The Customer shall keep records of call detail from which the percentage of interstate and intrastate use can be ascertained and, upon request of the Company, shall make the records available for inspection as reasonably necessary for purposes of verification of the percentages. The Company reserves the right to conduct an audit at any time during the year. The Customer, as its own expense, has the right to retain an independent auditing firm. Customer Equipment and Channels General A Customer may transmit or receive information or signals via the facilities of the Company. Station Equipment The Customer is responsible for providing and maintaining any terminal equipment on the Customer Premises. The electric power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such terminal equipment must be registered with the FCC under 47 C.P.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations. The Company will, where practicable, notify the Customer that temporary discontinuance of the use of a service may be required; however where prior notice is not practicable, nothing contained herein shall be deemed to impair the Company s right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances. In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in Section 2. following is not applicable. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20, 2004 Issued by: Eff~ctive: January 1,2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 29 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Customer Equipment and Channels, (Cont' Station Equipment. (Cont' 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. Interconnection of Facilities Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Access Services and the Channels, facilities, or equipment of others shall be provided at the Customer expense. Access Services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers which are applicable to such connections. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boi-se, Idaho Issued: December 20, 2004 Issued by: Effective: January 1,2005 " .. Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 30 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF 2.4 SECTION 2 - RULES AND REGULATIONS, (CONT' Customer Equipment and Channels, (Cont' Inspections Upon reasonable notification of the Customer, and at reasonable times, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 2A.B for the installation, operation, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. No credit will be allowed for any interruptions occurring during such inspections. 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. Payment Arrangements Payment for Service The Customer is responsible for payment of all charges for services and facilities furnished by the Company to the Customer or its Joint or Authorized Users. Taxes All charges and fees subject to IDPUC jurisdiction, except taxes and franchise fees, will be submitted to the IDPUC for prior approval. Issued: December 20,2004 Issued by: Effective: January 1 2005 Idehn Public Utilities CommissionRon Walters Office of the Secretary Regional Vice President ACCEPTED FOR FI LING 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 JAN 1 - _501 Boi-se, Idaho Trinsic Communications, Inc.Idaho Tariff No. Original Page 31 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Payment Arrangements, (Cont' Billing and Collection of Charges Unless otherwise specified herein, bills are due and payable upon receipt. The Company shall bill on a current basis all charges incurred by, and credits due to, the Customer under this Tariff attributable to services established, provided, or discontinued during the preceding billing period. Any known unbilled charges for prior periods and any known adjustments also will be applied to the current bill. Non-Recurring Charges are due and payable within 30 days after the invoice date. The Company shall present invoices for all Charges monthly to the Customer. Amounts not paid within 30 days after the date of invoice will be considered past due. Trinsic will assess a late payment charge equal to 1.5% per month for any past due balance that exceeds 30 days. If the Company becomes concerned at any time about the ability of a Customer to pay its bills, the Company may require that the Customer pay its bills within a specified number of days and make such payments in cash or the equivalent of cash. If a service is disconnected by the Company in accordance with Section 2.3 following and later restored, restoration of service will be subject to all applicable installation charges. The Customer shall notify the Company of any disputed items on an invoice within 90 days of receipt of the invoice. If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may file a complaint with the Commission in accordance with the Commission s rules of procedures. Any disputed charges must be paid when due. After the dispute is settled, the Customer will be credited with any payments in excess of those actually due the Company. The Company will also remit interest for all such credited amounts. Interest will be paid at rate required by the Commission for customer deposits. (N) (N) Issued: December 20, 2004 Issued by: Effective: January 1 , 2005 Idaho Public Utilities CommissionRon Walters Office of the Secretary Regional Vice President ACCEPTED FOR FILING 601 South Harbour Island Boulevard, Suite 220 J AN I - 2005Tampa, Florida 33602 IDA 0501 Bo~se, Idaho Trinsic Communications, Inc.Idaho Tariff No. Original Page 32 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Payment Arrangements, (Cont' Refusal and Discontinuance of Service Upon nonpayment of any amounts owing to the Company, the Company may, by giving requisite prior written notice to the Customer discontinue or suspend service without incurring any liability. Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 30 days' prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period. Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liability. Upon any governmental prohibition, or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incurring any Liability. Upon the Company s discontinuance of service to the Customer under Section A or 2.B above, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boffie, Idaho Issued: December 20, 2004 Issued by: Effective: January 1 , 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 33 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Payment Arrangements, (Cont' Refusal and Discontinuance of Service. (Cont' The Company may discontinue the furnishings of any and/or all service(s) to Customer, without incurring any liability: Immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. The Company may discontinue service pursuant to this sub-section 2.1.(a-e), if (a) (b) (c) The Customer refuses to furnish information to the Company regarding the Customer s credit-worthiness, its past or current use of Common Carrier communications services or its planned use of service( s ); or The Customer provides false information to the Company regarding the Customer s identity, address, credit-worthiness, past or current use of Common Carrier communications services, or its planned use of the Company s service(s); or The Customer states that it will not comply with a request of the Company for security for the payment for service(s) in accordance with Section 2.A above; or (d)The Customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company s other Common Carrier communications services to which the Customer either subscribes or had subscribed or used; Issued: December 20, 2004 Issued by: Effective: January 1,2005 Idaho Public Utilities Commission Office of the Secretary ACC~PTED FOR FILING JAN 1 lifAr&Ol Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 Boi-se, Idaho : , Trinsic Communications, Inc.Idaho Tariff No. Original Page 34 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Payment Arrangements, (Cont' Refusal and Discontinuance of Service~ (Cont' (Cont' (Cont' (e)The Customer uses, or attempts or use, service with the intent to void the payment, either in whole or in part, of the tariff charges for the service by: U sing or attempting to use service by rearranging, tampering with, or making connections to the Company service not authorized by this tariff, or II.U sing tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or III.By delivering calls to or accepting calls from the Company s End User locations over Company switched local exchange services; or IV.Continuing to have Company End Users presubscribed to the Customer; or Any other Fraudulent means or devices; or Upon ten (10) days' written notice to the Customer of any sum thirty (30) days past due; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boiie, Idaho Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 35 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Payment Arrangements, (Cont' Refusal and Discontinuance of Service, (Cont' (Cont' Upon ten (10) days' written notice to the Customer, after failure of the Customer to comply with a request made by the Company for security for the payment of service in accordance with Section 2.A, above; or Seven (7) days after sending the Customer written notice of noncompliance with any provision of this tariff if the noncompliance is not corrected within that seven (7) day period. The discontinuance of service(s) by the Company pursuant to this Section does not relieve the Customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance. In the event the Company incurs fees or expenses, including attorney s fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. Cancellation of Application for Service Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered including installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begun. The special charges described will be calculated and applied on a case-by-case basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Botse, Idaho .. .. .' Issued: December 20, 2004 Effective: January 1 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 36 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Allowances for Interruptions in Service Interruptions in service which are not due to the negligence of or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power, or equipment provided by the Customer, will be credited to the Customer as set forth in 2.1 for the part of the service that the interruption affects. The credit allowance will be calculated by the Company after the Customer notifies the Company of service interruption. The amount of the allowance will depend on the length of the outage and the service impacted. Service Outage conditions are defined as complete loss of call origination and/or receipt capability. Credit Allowances, if any, will be deducted from the charges payable by the IXC and will be expressly indicated on the next invoice. A Service Outage begins when the IXC reports the outage to Trinsic. A Service Outage ends when the affected circuit and/or associated Trinsic equipment is fully operational in accordance with the technical specifications. Credit allowances do not apply to outages (i) caused by the IXC; (ii) due to failure of equipment provided by the IXC; (iii) during any period in which Trinsic is not given access to the service premises; (iv) failures ofLEC facilities or equipment which are carrying the failures resulting from the activities or negligence of LEC employees; (vi) inability to gain access to the IXC's equipment; and (vii) due to mutually agreed upon maintenance and repair. Credit Allowances received by Trinsic from the LEC for Off-Net facility outages which affects the IXC's Switched Services will be passed through to the IXC in the form of a credit on the next invoice. Idaho Public Utilities Commission Office of the Secretary ACCEPT D FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 37 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Allowances for Interruptions in Service, (Cont' Limitations on Allowances No credit allowance will be made for: interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User, Joint-User, or other Common Carrier providing service connected to the service of Company; 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; interruptions due to the failure or malfunction of non-Company equipment; 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; interruptions of service during a period in which the Customer continues to use the service on an impaired basis; 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; interruption of service due to circumstances or causes beyond the control of the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Bo~, Idaho .. -.. Effective: January 1 , 2005Issued: December 20, 2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 38 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other party, except that the Company may assign its rights and duties (a) to any subsidiary, parent Company or affiliate of the Company (b) pursuant to any sale or transfer of substantially all the assets of the Company; or pursuant to any financing, merger or reorganization of the Company. Notices and Communications Delivery of calls to or acceptance of calls from the Company s End User locations over Company-switched local exchange services constitutes an order by the Customer to purchase switched access services as described herein. Similarly the selection by a Company s End User of the Customer as the presubscribed IXC constitutes an order of switched access by the Customer. In these cases, an invoice will be the first communication from the Company to the Customer. In other instances a Service Order may be used. The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which the Company s bills for service shall be mailed. The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that the Company may designate a separate address, on each bill for service, to which the Customer shall mail payment on that bill. All notices or other communications required to be given pursuant to this tariff shall be in writing. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following deposit of the notice, communication, or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - ZO05 Bo~e, Idaho Issued: December 20,2004 Issued by: Effective: January 1, 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 39 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 2 - RULES AND REGULATIONS, (CONT' Meet Point Billing Meet Point Billing applies when more than one Exchange Telephone Company is involved in the provision of Access Service. All recurring and nonrecurring charges for services provided by each Exchange Telephone Company are billed under each company s applicable rates as set forth below. The Company accepts and adheres to the Ordering and Billing Forum guidelines, Multiple Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 200S Boise, Idaho Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 40 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 3 - ORDERING OPTIONS FOR ACCESS SERVICE General This section sets forth the regulations and order related charges for Access Service Requests (ASR) for Switched Access Service, as defined in this tariff. These charges are in addition to other applicable charges set forth in other sections of this tariff. Orderin2: Conditions Customer may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein. Minimum Period of Service The minimum period for which Access Service is provided and for which charges are applicable is one month. The following changes will be treated as a discontinuance of the existing service and a request for installation of a new service. All associated Non-Recurring Charges will apply for the new service, and a new minimum period will be established: A change in the identity of the Customer of record; or A move by the Customer to a different building. When Access Service is disconnected prior to the expiration of the minimum period, charges are applicable for the balance of the minimum period. The Minimum Period Charge for monthly billed services will be determined as follows: For Switched Access Service, the charge for a month or fraction thereof is equivalent to 50,000 billed minutes of use for the applicable service. All applicable Non-Recurring Charges for the service will be billed in addition to theMinimum Period Charge. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - ZO05 Bo~e, Idaho Issued: December 20,2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 41 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 3 - ORDERING 'OPTIONS FOR ACCESS SERVICE, (CONT' Miscellaneous Charges Customer Requested Due Date Change 1, 2 $50, per order Customer Requested Expedite $250, per location, per order Cancellation (after 3 business days from order placement) Full NRCs + $250, per order Design Change, DSO/DS 1 $150, per circuit Design Change, DS3 and higher $300, per circuit Administrative Processing $25, per order Company Due Date Change Policy - No due date change accepted at or after four (4) days prior to the current due date. If a Customer request is received during that time period, the supplemental charge will apply and, in addition, the billing will start on the current due date without exception. For services involving facilities leased from other telecommunications providers, Supplementary Charges will be priced on an Individual Case Basis, and will be based upon a pass-through of all charges assessed by other providers, and the Company s administrative costs. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Botse, Idaho ..,,:--- Issued: December 20 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 42 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 4 - SWITCHED ACCESS SERVICE General Switched Access Service, which is available to Customers for their use in furnishing their services to end users, provides a two-point communications path between a Customer s Premises and an End User s Premises. It provides for the use of common terminating, switching and transport facilities. Switched Access Service provides the ability to originate calls from an End User s Premises to a Customer s Premises, and to terminate calls from a Customer s Premises to an End User s Premises. Switched Access Service is available when originating or terminating calls from or to an end user which subscribes to the Company s Local Exchange Services. Rates and charges are set forth in Section 5. The application of rates for Switched Access Service is described in Section 5. Provision and Description of Switched Access Service Arrangements Feature Group Access FG Access is provisioned at the DS-llevel and provides trunk-side access to Local Switching Center switches, for the Customer s use in originating and terminating communications. Basic FG Access service will be provided with Multi-Frequency In Band Signaling (SS7 is also available, where capabilities exist). All traffic is routed to and from the Company s local switching center via the Customer tandem provider or via end office trucking, where available. Delivery of calls to, or acceptance of calls from, the Company s End User locations over Company-switched local exchange services shall constitute an agreement by the Customer to purchase switched access services as described herein. The Company reserves the right to require the Customer to submit an ASR for switched access. Idaho Public Utilities CommissiOR Office of the Secretary ACCEPTED FOR FILING JAN 1 - ZO05 Bo~e, Idaho Effective: January 1, 2005 _u ..-Issued: December 20,2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 43 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 4 - SWITCHED ACCESS SERVICE, (CONT' Provision and Description of Switched Access Service Arrangements, (Cont' Manner of Provision Trunks used for Switched Access Service may be configured for one-way (either originating only or terminating only) or for two-way directionality. Call Tvpes The following Switched Access Service call types are available: Originating FG Access Originating 800 FG Access Terminating FG Access Orhdnating FG Access The access code for FG Access switching is a uniform access code of the form 1 + or 011 + or 101XXXX. For 101XXXX dialing a single access code will be the assigned number of all FG Access provided to the Customer by the Company. When the access code is used, FG Access switching also provides for dialing the digit 0 for access to the Customer s operator service, 911 for access to emergency service, and/or the end of dialing digit (#) for cut- through access to the Customer s premises. The Company will provide originating FG access consistent with dialing parity obligations. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 -- 2005 Boise, Idaho ' .,-..,- Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 44 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 4 - SWITCHED ACCESS SERVICE, (CONT' Provision and Description of Switched Access Service Arrangements, (Cont' Originating 800 FG Access 800 Data Base Access Service is a service offering utilizing originating Trunk side Switched Access Service. When an 8XX + NXX + XXXX call is originated by an End User, the Company will perform Customer identification based on screening of the full ten-digits of the 8XX number to determine the Customer location to which the call is to be routed. Terminating FG Access FG Access, when used in the terminating direction, may only be used to access end users who are subscribing to the Company s Local Exchange Services. Calls in the terminating direction will not be completed to 950-0XXX or 950-1XXX access codes, local operator assistance (0- and 0+), Directory Assistance, (411 or 555 -1212) service codes 611 and 911 and 101 XXXX access codes. Reports and Testing Design Layout Report:At the request of the Customer, the Company will provide to the Customer the makeup of the facilities and services provided from the Customer s Premises to the first point of switching. This information will be provided in the form of a Design Layout Report. The Design Layout Report will be provided to the Customer at no charge. Acceptance Testing:At no additional charge, the Company will, at the Customer s request, cooperatively test, at the time of installation, the following parameters: loss, C-notched noise, C-message noise, 3-tone slope, d.c. continuity and operational signaling. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Botse, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 45 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES General This section contains the specific regulations governing the rates and charges that apply for Switched Access Services: There are three types of rates and charges that apply to Switched Access Service: Non-Recurring Charges: One-time charges that apply for a specific work activity. Recurring Charges: Fixed charges apply each month and depend on the number and type of facilities in place. U sage Charges: Charges that are applied on a per access minute basis. Usage rates are accumulated over a monthly period. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Bo~e, Idaho Issued: December 20, 2004 Effective: January 1, 2005 , , Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 46 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES, (CONT' Rate Categories There are several rate categories which apply to Switched Access Service: Blended Carrier Switched Access Originating Blended Carrier Switched Access Terminating Toll-Free 8XX Data Base Access Service The Company provides originating and terminating switched access service through a single blended rate based on aggregate traffic volumes from the following cost categories: Common Line The Common Line cost category establishes the charges related to the use of Company- provided end user common lines by customers and end users for intrastate access. Switched Transport The Switched Transport cost category establishes the charges related to the transmission and tandem switching facilities between the customer designated premises and the end office switch(es) where the customer s traffic is switched to originate or terminate the customer communications. End Office Switchine The End Office Switching cost category establishes the charges related to the use of end office switching equipment, the terminations in the end office of end user lines, the terminations of calls at Company Intercept Operators or recordings, the Signaling Transfer Point (STP) costs, and the SS7 signaling function between the end office and the STP. Idaho P~blic Utilities Commission Qff,ce of the SecretaryCCEPTED FOR FILING JAN 1 - 2005 Boise. Idaho Issued: December 20,2004 , ...:_,,-.. Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 47 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES, (CONTJ Rate Categories, (ContJ Toll-Free 8XX Data Base Query The Toll-Free 8XX Data Base Query Charge, will apply for each Toll-Free 8XX call query received at the Company s (or its provider s) Toll-Free 8XX data base. Optional Features Other optional features may be available on an Individual Case Basis (ICB). Idaho ~~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - ZO05 Boi5e, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 - ,.,... Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 48 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES, (CONT' Billing of Access Minutes When recording originating calls over FG Access with multi-frequency address signaling, usage measurement begins when the first wink supervisory signal is forwarded from the Customer facilities. The measurement of originating call usage over FG Access ends when the originating FG Access entry switch receives disconnect supervision from either the originating End User s Local Switching Center - (indicating that the originating End User has disconnected), or the Customer facilities, whichever is recognized first by the entry switch. For terminating calls over FG Access with multi-frequency address signaling, the measurement of access minutes begins when a seizure signal is received from the Carrier s trunk group at the Point of Presence within the LATA. The measurement of terminating call usage over FG Access ends when a disconnect signal is received, indicating that either the originating or terminating user has disconnected. When recording originating calls over FG Access with SS7 signaling, usage measurement begins with the transmission of the initial address message by the switch for direct trunk groups and with the receipt of an exit message by the switch for tandem trunk groups. The measurement of originating FG Access usage ends when the entry switch receives or sends a release message, whichever occurs first. For terminating calls over FG Access with SS7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User. On directly routed trunk groups or on tandem routed trunk groups, the Company switch receives the initial address message and sends the indication to the Customer in the form of an answer message. The measurement of terminating FG Access call usage ends when the entry switch receives or sends a release message, whichever occurs first. ' -- Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 -- 2005 Boise, Idaho Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 49 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES, (CONT' Rates and Charges Blended Carrier Switched Access The Blended Carrier Switched Access rate includes Carrier Common Line, Switching and Transport. Originating Terminating Per Minute Rate $0.0443980 $0.0443980 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 ~ 2005 Boise, Idaho Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 50 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 5 - SWITCHED ACCESS RATES, (CONT' 5.4 Rates and Charges, (Cont' Toll-Free 8XX Data Base Query Per Query $0.0041 5.4.Switched Access Optional Features All Optional Features are offered on an Individual Case Basis (ICB). Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20,2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 51 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 6 - LOCAL TRAFFIC EXCHANGE AND TERMINATION General This section establishes the methodology for the exchange and termination of local traffic for carriers that do not have an interconnection agreement with the Company. Ordering Conditions The Customer may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein. Local Traffic Compensation Local traffic exchange will be conducted under a Bill and Keep arrangement unless and until either the Commission or FCC requires an alternative approach for the exchange of usage information for such traffic for use by all industry participants, pursuant to which the Company and the Terminating Carriers shall recover the costs of transporting and terminating such traffic on their networks from other parties in accordance with the then applicable regulations, including to the extent practicable any Internet Service Provider access charge exemption. This provision does not apply to access traffic, transit traffic, or wireless traffic. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 BO~r Idaho Issued: December 20, 2004 Effective: January 1,2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 52 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 7 - CONTRACTS AND INDIVIDUAL CASE BASIS ARRANGEMENTS Contracts The Company may provide any of the services offered under this tariff, or combinations of services, to Customers on a contractual basis. The terms and conditions of each contract offering are subject to the agreement of both the Customer and Company. Such contract offerings will be made available to similarly situated Customers in substantially similar circumstances. Rates in other sections of this tariff do not apply to Customers who agree to contract arrangements, with respect to services within the scope of the contract. Services provided under contract are not eligible for any promotional offerings which may be offered by the Company from time to time. Individual Case Basis Arrangements Arrangements will be developed on an individual case basis (ICB) in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service. ICB rates will be offered to the Customer in writing and on a non-discriminatory basis. ICB rates will be structured to recover the Company s cost of providing the service and will be made available to the Commission upon request on a proprietary basis. ICB rates will not be used for switched services. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boise, Idaho Issued: December 20 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 53 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 8 - MISCELLANEOUS SERVICES Wireless Termination Service This tariff applies to intraMTA traffic originated by a Commercial Mobile Radio Service (CMRS) provider and terminated to end-user subscribers of the Company (i.e., wireless to wireline traffic) without the direct interconnection of the CMRS provider s and the Company s networks and where the CMRS provider is physically connected with and delivers traffic to a third party ILEC(s) which in turn delivers the traffic to the Company. 1.1 This service is provided to Commercial Mobile Radio Service (CMRS) providers licensed the Federal Communications Commission (FCC). 1.2 Wireless Termination Service is limited to wireless-to-wireline traffic that originates and terminates within the same Major Trading Area (MTA) (i., intraMTA traffic). The Major Trading Area as defined in 47 C.F .R. paragraph 24-102 of the FCC Rules and Regulations. 1.3 Wireless Termination Service is not available to wireless-to-wireline traffic that originates and terminates in two different MT As (i., interMT A traffic). In those situations where a CMRS provider terminates interMT A traffic to the end-user subscribers of the Company then the rates, terms and conditions of the appropriate access tariff of the Company (either intrastate or interstate) will apply. 1.4 These Regulations and Rates are in addition to the Regulations, Rate and Charges in other Company tariffs. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FIL1NG JAN 1 - ZO05 Boi&e, Idaho Issued: December 20, 2004 Effective: January 1, 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 54 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 8 - MISCELLANEOUS SERVICES, (CONT' Wireless Termination Service, (cont' 1.5 1.6 This tariff applies except as otherwise provided in 1) an interconnection agreement between the CMRS provider and the Company approved by the Commission pursuant to the Act; or 2) a terminating traffic agreement between the CMRS provider and the Company approved by the Commission. The Company shall issue a bill to the CMRS provider based on the best information available to the Company including, but not limited to, records of terminating traffic created by the Company at its end office or tandem switch. If possible, the CMRS provider will provide to the Company billing records in standard industry formats regarding calls it originates that terminate on the Company s network. Records will be provided at an individual call detail record, if possible, with sufficient information to identify the specific date and time of the call the call duration, and the originating and terminating numbers. If a CMRS provider is unable to provide billing records of the calls that it originates to the Company, the Company may use usage reports and/or records generated by a third party ILEC whose network is used to transit the traffic as the basis for billing the CMRS provider. If the CMRS provider is unable to provide billing records, the CMRS provider will have the responsibility of providing, on a quarterly basis (or as otherwise agreed to by the Company), a report to the Company providing the percentage of the CMRS provider s traffic terminated to the Company that is intraMT A or interMT A traffic. The report will also detail what percentage of the interMT traffic is intrastate and what percentage is interstate. Such reports shall be based on studies of actual traffic originated by the CMRS provider and terminated to the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Boffie, Idaho Issued: December 20,2004 Issued by: Effective: January 1, 2005 Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. 4 Original Page 55 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 8 - MISCELLANEOUS SERVICES, (CONT' Wireless Termination Service, (cont' 1.7 1.8 Reports regarding the percentages of intraMT A or interMT A traffic (and the intrastate or interstate jurisdiction of interMT A traffic) shall be based on a reasonable traffic study conducted by the CMRS providers and available to the Company upon request. Such studies shall be conducted no less frequently than once each quarter to ensure that the CMRS provider is using an accurate intraMT A/interMT A percentage. The CMRS provider shall pay the Company for all charges in accordance with the rates set forth in this tariff. Such payments are to be received within thirty (30) days from the effective date of the billing statement. The CMRS provider shall pay a late charge on any undisputed charges which are not paid within the thirty (30) day period. The rate of the late charge shall be the lesser of 5% per month or the maximum amount allowed by law. The CMRS provider shall pay the Company the reasonable amount of the Company s expenses related to collection of overdue bills, such amounts to include reasonable attorney fees. The CMRS provider will be responsible for the accuracy and quality of its data as submitted to the Company. Upon reasonable written notice, the Company or its authorized representative shall have the right to conduct a review and verification of the CMRS provider to give assurances of compliance with the provisions of this tariff. This includes on-site verification reviews at the CMRS provider s or vendor locations. The review may consist of an examination and verification of data involving records, systems, procedures and other information related to the traffic originated by the CMRS provider and terminated to the Company. The CMRS provider will provide the Company with reasonable access to such information as is necessary to determine amounts payable under this tariff. If the CMRS provider fails to comply with any of the terms and conditions of this tariff, including any payments to be made by it on the dates and times herein specified, the Company, may on five (5) day s written notice by Certified U.S. Mail to the CMRS provider refuse additional applications for service and/or refuse to complete any pending orders for service by the non-complying CMRS provider at any time thereafter, or may discontinue the provision of the services to the non-complying CMRS provider at any time thereafter. In the case of such discontinuance, all applicable tariff charges shall become due. If the Company is unable to effectuate discontinuance of service at its own office it may request the assistance of other LECs with whom the Company s network is connected. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - ZO05 Boise. Idaho Effective: January 1 , 2005Issued: December 20,2004 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501 Trinsic Communications, Inc.Idaho Tariff No. Original Page 56 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF SECTION 8 - MISCELLANEOUS SERVICES, (CONT' Wireless Termination Service, (cont' 1.9 Rates and Charges Rates for termination of IntraMT A Traffic (per MOU): $0.0443980 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JAN 1 - 2005 Bo~e, Idaho Issued: December 20, 2004 Effective: January 1 , 2005 Issued by:Ron Walters Regional Vice President 601 South Harbour Island Boulevard, Suite 220 Tampa, Florida 33602 IDA 0501