20080508ACS to Staff 1-12.pdf

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2600 Maitland Center Pkw.
Suite 300
Maitland, FL 32751
P.O. Drawer 200
Winter FL
32790-0200
Tel: [phone]
Fax: [phone]
www.tminc.com
May 8, 2008
Via Overnight and E-mail
REGEIVED
08 MAY -8 PM 2: 09
.DAHO PVüU0
UTU..TIES COMMISSION
Ms. Jean D. Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington
Statehouse
Boise, Idaho 83720-0074
ks --t -08 -0 (
Re: Local Application for Access Point, Inc.
Dear Ms. Jewell:
Enclosed for filing are the original and three (3) copies of the data response submitted on
behalf of Access Point, Inc. This data response is in regards to a telephone conference with
Carolee Hall on April 30, 2008.
Please acknowledge receipt ofthis filing by returning one copy ofthis transmittal letter date
staped in the self addressed staped envelope enclosed for that purpose.
Any questions you may have pertaining to this filing may be directed to me at (407) 740-300 i
or via email attforteßYtminc.com.
Tho as M. Forte
Consultant to Access Point, Inc.
TMF/rg
Enclosures
cc: J. Brown - Access Point
fie: Access Point - ID - Local
tms: IDlO800a
RESPONSE OF
ACCESS POINT, INC. TO
CAROLEE HALL
PHONE CONVERSATION OF APRIL 30, 2008
RECEIVED
08 MAY -8 PM 2= 09
r.' .
&i1.In regards to 9 I I service, who wil be responsible for the updating of the custYQ,.'1l
for 9 i i Emergency Services?
S¡ON
Response:The underlying carrier is responsible for updating information regarding
customer information for 9 i i service per the Interconnection Agreement.
2. Per the application, page 5, the applicant references geographic areas served by Qwest
Communications, does this reference Qwest North, Qwest South or both?
Response:Access Point, Inc. wil be providing service in both Qwest North and Qwest
South territories.
Response:
3. Please clarify the waivers that Access Point, Inc. is requesting approval for.
Access Point is not requesting specific waivers at this time.
4. Please clarify Section 2. i A(H) in the local taiff by providing information on who wil be
providing directory listings and the Applicant must provide for a free directory listing.
Response:Please see Attachment i. The applicant has removed this language from the
tariff.
5. Please clarify the 9 i i language used in Section 2. i Am in the tariff.
Response:The language used in Section 2. i 04(1) is generic language used to limit any issues
arising from 9 i i service.
6. Please remove reference to attorney's fees in section 2.3.2(B).
Response:Please see Attachment II.
7. Wil Access Point, Inc. collect both Advance Payments and Deposits per Section 2.5. I?
Response:Access Point wil not be collecting Deposits as specified in Section 2.5.2. Please
see Attachment II.
8. Please correct tax language in Section 2.6.I(A) and (B) regarding state sales tax, use, gross
receipt etc.
Response:Please see Attachment IV.
Response:
9. Please remove discounted to present value from Sections 2.7.3(G) and 2.8.2.
Please see Attachment V.
10. Please clarify language in Section 2. i l.(C).
Response:Please see Attachment VI.
11. Please clarify if Access Point wil be providing Emergency Number 9 i i Service per Section 2. 17.
Response:Access Point wil not be providing 9 i i service and is provided through the
underlying carrier as par of the interconnection agreement.
12. Please clarify reference to local exchange areas served by Qwest in Section 3. i, does this
reference Qwest North, Qwest South or both?
Response:This reference refers to both Qwest North and Qwest South. Please see
Attachment VII.
ACCESS POINT, INC.
ATTACHMENT I
Access Point, Inc.
I 100 Crescent Green, Suite 109
Cary, North Carolina 275 I 8
Idaho Tariff No. I
Section 2
Original Page 7
LOCAL EXCHANGE SERVICES TARIF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.1 Undertaking of the Company, (Cont'd.)
2.1.4 Limitations on Liabilty, (Cont'd.)
(E) The Company does not guarantee nor make any warranty with respect to installations
provided by it for use in an explosive atmosphere.
(F) The Company makes no waranties or representations, EXPRESS OR IMLIED,
either in fact or by operation of law, statutory or otherwise, including waranties of
merchantabilty or fitness for a paricular use, except those expressly set forth herein.
(G) Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asserting its rights under other provisions.
(H) Directory Errors - In the absence of gross negligence or wilful misconduct, no
liabilty for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions oflisting obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company.
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
i i 00 Crescent Green, Suite 109
Cary, NC 27518 IDlO800
ACCESS POINT, INC.
ATTACHMENT II
Access Point, Inc.
1 100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Original Page 15
LOCAL EXCHANGE SERVICES TARIF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.3 Obligations of the Customer, (Contd.)
2.3.2 Liabilty of the Customer
(A) The Customer wil be liable for damages to the facilties of the Company and for all
incidental and consequential damages caused by the negligent or intentional acts or
omissions of the Customer, its officers, employees, agents, invites, or contractors
where such acts or omissions are not the direct result of the Company's negligence or
intentional misconduct.
(B) To the extent caused by any negligent or intentional act of the Customer as described
in (A), preceding, the Customer shall indemnify, defend and hold harless the
Company from and against all claims, actions, damages, liabilties, costs and
expenses, for (I) any loss, destrction or damage to propert of any third par, and
(2) any liabilty incurred by the Company to any third part pursuant to this or any
other tariff of the Company, or otherwise, for any interrption of, interference to, or
other defect in any service provided by the Company to such third part.
(C) The Customer shall not assert any claim against any other Customer or user of the
Company's services for damages resulting in whole or in par from or arising in
connection with the furnishing of service under this taiff including but not limited to
mistakes, omissions, interrptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in any
way to the occurrence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the other Customer or user and not by
any act or omission of the Company. Nothing in this tariff is intended either to limit
or to expand Customer's right to assert any claims against third paries for damages of
any nature other than those described in the preceding sentence.
Issued: Februar 12, 2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Car, NC 27518 IDlO800
ACCESS POINT, INC.
ATTACHMNT III
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Original Page 19
LOCAL EXCHANGE SERVICES TARIF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
To safeguard its interests, the Company may require a Customer to make an advance payment
before services and facilities are furnished. The advance payment wil not exceed an amount
equal to the non-recurring charge(s) and one month's charges for the service or facility. The
advance payment wil be credited to the Customer's initial bilL.
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Cary, NC 27518 ID10800
ACCESS POINT, INC.
ATTACHMENT VI
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Original Page 21
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.6 Payment Arrangements, (Cont'd.)
2.6.1 Payment for Service
(A) General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Customer itself or are
resold to or shared with other persons.
The security of the Customer's PIN is the responsibilty of the Customer. All calls
placed using a PIN shall be biled to and shall be the obligation of the Customer. The
Customer shall not be responsible for charges in connection with the unauthorized
use of PINs arising after the Customer notifies the Company of the loss, theft, or
other breach of security of such PINs.
Customers wil only be charged once, on either an interstate or intrastate basis, for
any nonrecurring or usage based charges.
(B) Taxes, Fees and Surcharges
The Customer is responsible for the payment of any sales, use, excise, access or other
local, state and federal taxes, charges or surcharges (however designated) excluding
taxes on the Company's net income imposed on or based upon the provision oflocal
exchange service, all of which shall be separately designated on the Company's
invoices. Any taxes or surcharges imposed by a local jurisdiction (e.g. county and
municipal taxes) wil only be recovered from those Customers located in the affected
jurisdictions. It shall be the responsibilty of the Customer to pay any such taes that
subsequently become applicable retroactively.
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Car, NC 27518 IDlO800
ACCESS POINT, INC.
ATTACHMENT V
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Original Page 26
LOCAL EXCHANGE SERVICES TARIFF,
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.7 Discontinuance of Service
2.7.3 Service may be disconnected without notice and without incurring any liabilty for any of the
following reasons:
(A) A condition immediately dangerous or hazardous to life, physical safety or propert
exists, or it is necessary to prevent a violation offederal, state or local safety or health
codes.
(B) The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
(C) In the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company wil discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
(D) The Company has tried dilgently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
(E) The Customer has misrepresented the Customer's identify for purposes of obtaining
telephone service and has no or an inadequate security deposit on fie with the
Company and has an outstanding bil exceeding $100.
(F) Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankrptcy or reorganization, or failng to discharge an involuntar petition within
the time permitted by law.
(G) Upon the Company's discontinuance of service to the Customer under Section 2.7.1
or 2.7.2, 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 that 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.
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Car, NC 27518 IDlO800
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Qriginal Page 27
LOCAL EXCHANGE SERVICES TARIFF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where the
Company permits a Customer to cancel an application for service prior to the star of service
or prior to any special constrction, no charges wil be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installng
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company, 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 commenced.
2.8.3 Where the Company incurs any expense in connection with special constrction, or where
special arangements of facilties or equipment have begun, before the Company receives a
cancellation notice, a charge equal to the costs incurred by the Company, less net salvage,
applies. In such cases, the charge wil be based on such elements as the cost ofthe equipment,
facilties, and material, the cost of installation, engineering, labor, and supervision, general
and administrative expense, other disbursements, depreciation, maintenance, taes, provision
for return on investment, and any other costs associated with the special constrction or
arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 wil be calculated and applied on a case-
by-case basis.
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Car, NC 27518 IDlO800
ACCESS POINT, INC.
ATTACHMNT VI
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 2
Original Page 32
LOCAL EXCHANGE SERVICES TARIF
SECTION 2 - RULES AND REGULATIONS, (CONT'D.)
2.11 Cancellation of Service!Termination Liabilty
If a Customer cancels a Service Order or terminates services before the completion of the term for any
reason whatsoever other than a service interrption (as defined in Section 2.10.1 above), the Customer
agrees to pay to the Company termination liabilty charges, as defined below. These charges shall
become due as of the effective date of the cancellation or termination and be payable within the
period, set forth in Section 2.6.2.
2.11.1 Termination Liabilty
The Customer's termination liabilty for cancellation of service shall be equal to:
(A) all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
(B) any disconnection, early cancellation or termination charges reasonably incurred and
paid to third paries by the Company on behalf of the Customer; plus
(C) all Recurring Charges specified in the applicable service contract agreed upon by the
Company and the Customer;
(0) minus a reasonable allowance for costs avoided by the Company as a direct result of
the Customer's cancellation.
Issued: Februar 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Cary, NC 27518 IDl0800
ACCESS POINT, INC.
ATTACHMENT VII
Access Point, Inc.
1 100 Crescent Green, Suite 109
Cary, North Carolina 27518
Idaho Tariff No. 1
Section 3
Original Page i
LOCAL EXCHANGE SERVICES TARIFF
SECTION 3.0 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availabilty of facilities and equipment, in areas
currently served by the following Incumbent LECs:
I) Qwest North
2) Qwest South
Issued: February 12,2008 Effective:
Issued by:Jason Brown, Regulatory Affairs
1100 Crescent Green, Suite 109
Cary, NC 27518 IDlO800