20040610Response to Staff.pdf

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210 N. Park Ave.
Winter Park, FL
32789
O. Drawer 200
Winter Park, FL
32790-0200
Tel: [phone]
Fax: [phone]
tmi0)tminc.com
F::EC:EIVEO IT)
ILED
June 9, 2004
Overnight Delivery nOt: JUri 1 0 fit!"'i 9:4 &
Ms. Jean D. Jewell, Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Statehouse
Boise, ill 83720-0074
- -" -..,' --
U IlL! i iLS COrl iSSiON
RE:DN LYC-O4-01: Light year Network Solutions, LLC - Application to Provide
Facilities-based Local Exchange Service
Response to staff data request and amended tariff pages
Dear Ms Jewell:
Enclosed for filing are the original and two (2) copies of the response to staffs May 24 2004 data
request submitted on behalf of Lightyear Network Solutions, LLC.
Slamming Complaint
With respect to the open slamming complaint, Lightyear had submitted a response to the
Commission requesting certain rates in order to calculate the refund for the customer. Lightyear
had also sent a letter to the customer stating its intention to provide a refund. No response from
either the Commission or the Customer was received. Upon receipt of the May 24 data request
Lightyear contacted Daniel Klein, and has again attempted to contact the Customer. Lightyear
will continue to work with staff until the issue is resolved.
F inancia1s
Financial statements for L Y Solutions, LLC are attached with a request for confidential handling.
Modifications to Lightyear s application - Section vrn - Waivers and Regulatory Compliance
(a)Title 41, Chapter 1 , Rules 101-103.02 - Guarantee in lieu of deposit
In its application, Lightyear requested an exemption from the rule requiring a guarantee
form to be kept on file in lieu of a deposit. According to the data request, since
Lightyear does not intend to require deposits, the waiver request becomes moot.
Therefore, Lightyear withdraws its request for waiver of the rule.
(b)Title 41 , Chapter 1 , Rule 502.01 - Service Standards
In its application, Lightyear requested waiver of the requirement to adopt and pursue a
maintenance program for outside plant facilities and equipment, on the basis that
Lightyear is at present a UNE-P provider only. In its data request, staff stated that it
would not support this request because it is an interconnection contractual agreement
between Lightyear and the ILEC. Staff also cited the recent Eighth Circuit Court's recent
ruling vacating portions of the FCC's Triennial Review Order as another reason to
require Lightyear to adopt a maintenance program for outside plant facilities and
equipment. On the basis that staff will not recommend approval of the requested rule
waiver, Lightyear withdraws that request, noting, however, that Lightyear has no current
plans, regardless of the fate of UNE-, to construct or maintain any outside plant
facilities or equipment.
Ms. Jean D. Jewell
June 9, 2004
Page 2
(e)Title 41 , Chapter 2, Rule 105 and 602.01: Customer Notice
In its application, Lightyear requested a waiver of the rule requiring provision of local
telephone directories. In its data request, staff referenced Commission Order Number
26665 , and stated that a waiver request is unnecessary. Therefore, Lightyear withdraws
its request for a waiver of this portion of the rule.
(f)Reporting Requirements
In its application, Lightyear also requested a waiver of reporting requirements applicable
to ILECs but which would not be applicable to CLECs. In its data request, staff stated
that no such reporting requirements are imposed on CLECs and therefore no waiver is
necessary. Lightyear therefore withdraws this request for a general waiver.
Modifications to illustrative tariff
The requested modifications to Lightyear s illustrative tariff have been made and are included
with this filing. Based on correspondence with staff, an exculpatory clause has been inserted in
to the provisions on pages 80 and 81 regarding indemnification in the event of directory
assistance or directory publication errors, in lieu of deleting the indemnification language.
Please acknowledge receipt of this filing by date-stamping the extra copy of this cover letter and
returning it to me in the self-addressed stamped envelope provided for that purpose.
Any questions regarding this filing may be directed to my attention at [phone] or via
emai1 at morton(~Jminc.com. Thank you for your assistance in this matter.
Sincerely,
\:,~ J crv-tu--
-:::-
Robin Norton
Consultant to Lightyear Network Solutions, LLC
Enclosures
cc:
file:
tms:
Linda Hunt - Lightyear
Lightyear - ill - Local
ill L400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company
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.
The provisions of this section of this rule do not apply to errors and omissions caused
by willful misconduct, fraudulent conduct or violations of laws by the Company.
In the event an error or omission is caused by the gross negligence of the Company,
the liability of the Company shall be limited to and in no event exceed the sum of
$10 000.
Except as provided in Paragraphs (A) and (B) of this Rule, the liability of the
Company for damages arising out of mistakes, omissions, interruptions, delays, errors
or defects in any of the services or private line, alphabetical directory listings
(excluding the use of bold type), and all other services shall in no event exceed an
amount equal to the pro rata charges to the Customer for the periods during which the
services or facilities area affected by the mistake, omission, interruption, delay, error
or defect, provided, however, that where any mistake, omission, interruption, delay,
error or defect of anyone service or facility affects or diminishes the value of any
other service, said liability shall include such diminution, but in no event shall exceed
the total amount of the charges to the Customer for all services or facilities for the
period affected by the mistake, omission, interruption, delay, error or defect.
The Company shall not be liable for errors in transmitting, receiving or delivering
oral messages by telephone over the lines of the Company and connecting utilities.
The Company shall have the right to make necessary repairs or changes in its
facilities at any time and will have the right to suspend or interrupt service
temporarily for the purpose of making the necessary repairs or changes in its system.
When such suspension or interruption of service for any appreciable period is
necessary, the Utility will give the customers who may be affected as reasonable
notice thereof as circumstances will permit, and will prosecute the work with
reasonable diligence, and, if practicable, at times that will cause the least
InCOnVenIence.
Issued: April 12, 2004
Issued by:
Effective:John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 16
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company
Except for the extension of allowances to the Customer for interruptions in Service
set forth in this tariff, the Company shall not be liable to a Customer or third party for
any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive
damages, including, but not limited to, loss of revenue or profits, for any reason
whatsoever, including, but not limited to, any act or omission, failure to perform
delay, interruption, failure to provide any Service or any failure in or breakdown of
facilities associated with the Service.
The liability of the Company for errors in billing that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount erroneously billed or
in the event that payment has been made and service has been discontinued, to a
refund of the amount erroneously billed.
The Company shall not be liable for any claims for loss or damages involving:
Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) common carriers or
warehousemen;
Any delay or failure of performance or equipment due to causes beyond the
Company s control, including but not limited to, acts of God, fires, floods
earthquakes, hurricanes, or other catastrophes; national emergencies
insurrections, riots, wars or other civil commotions; strikes, lockouts, work
stoppages or other labor difficulties; criminal actions taken against the
Company; unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order, regulation or
other action of any governing authority or agency thereof;
Any unlawful or unauthorized use of the Company s facilities and services;
Libel, slander, invasion of privacy or infringement of patents, trade secrets
or copyrights arising from or in connection with the material transmitted by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services;
Issued: Apri112, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 1
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company, (Cont'
(Cont'
Breach in the privacy or security of communications transmitted over the
Company s facilities;
Changes in any of the facilities, operations or procedures of the Company
that render any equipment, facilities or services provided by the Customer
obsolete, or require modification or alteration of such equipment, facilities or
services, or otherwise affect their use or performance, except where
reasonable notice is required by the Company and is not provided to the
Customer, in which event the Company s liability is limited as set forth in
this price list;
Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises or the installation or
removal thereof;
Injury to property or injury or death to persons, including claims for
payments made under Workers' Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any act or
omission of the Customer, or the construction, installation, maintenance
presence, use or removal of the Customer facilities or equipment
connected, or to be connected to the Company s facilities;
Any intentional, wrongful act of a Company employee when such act is not
within the scope of the employee s responsibilities for the Company and/or is
not authorized by the Company;
10.Any representations made by Company employees that do not comport, or
that are inconsistent, with the provisions of this price list;
11.Any noncompletion of calls due to network busy conditions;
12.Any calls not actually attempted to be completed during any period that
Service is unavailable.
Issued: April 12, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 18
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company, (Cont'
The Company shall be indemnified, defended and held harmless by the Customer or
User from and against any and all claims, loss, demands, suits, expense, or other
action or any liability whatsoever, including attorney fees, 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, and for any loss, damage or destruction of any
property, including environmental contamination, whether owned by the Customer or
by any other party, caused or claimed to have been caused directly or indirectly by
the installation, operation, failure to operate, maintenance, presence, condition
location, use or removal of any Company or Customer equipment or facilities or
Service provided by the Company.
The Company does not guarantee nor make any warranty with respect to installations
provided by it for use in an explosive atmosphere. The Company shall be
indemnified, defended and held harmless by the Customer from and against any and
all claims, loss, demands, suits, or other action, or any liability whatsoever, including
attorney fees, 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, and for
any loss, damage or destruction of any property, including environmental
contamination, whether owned by the Customer or by any other party, caused or
claimed to have been caused directly or indirectly by the installation, operation
failure to operate, maintenance, presence, condition, location, use or removal of any
equipment or facilities or the Service.
The Company assumes no responsibility for the availability or performance of any
cable or satellite systems or related facilities under the control of other entities, or for
other facilities provided by other entities used for Service to the Customer, even ifthe
Company has acted as the Customer s agent in arranging for such facilities or
Services. Such facilities are provided subject to such degree of protection or non-
preemptibility as may be provided by the other entities.
Issued: April 12, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Light year Network Solutions, LLC Idaho Price List No.
Original Page 19
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company, (Cont'
Any claim of whatever nature against the Company shall be deemed conclusively to
have been waived unless presented in writing to the Company within thirty (30) days
after the date of the occurrence that gave rise to the claim.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW
STATUTORY OR OTHERWISE INCLUDING WARRANTIES
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
Directory Errors
The Company shall allow for errors or omissions in alphabetical telephone
directories (excluding the use of bold-face type) an amount within the
following limits:
(a)For listings in alphabetical telephone directories furnished without
additional charge, no amount shall be allowed.
(b)F or listings and lines of information in alphabetical telephone
directories furnished at additional charge set forth in the Rate
Schedules of this tariff, an amount not in excess of the charge for
that listing or line of information during the effective life of the
directory in which the error or omission occurred.
(c)For listings in information records furnished without additional
charge, no amount shall be allowed.
(d)F or listings in information records furnished at additional charge, an
amount not in excess of the charge for the listing during the period
the error or omission continued.
Issued: April 12, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 20
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.4 Liability of the Company, (Cont'
With respect to Emergency Number 911 Service:
This service is offered solely as an aid in handling assistance calls in
connection with fire, police and other emergencies. The Company is not
responsible for any losses, claims, demands, suits or any liability whatsoever
whether suffered, made instituted or asserted by the Customer or by any
other party or person for any personal injury or death of any person or
persons, and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused by:
(1) mistakes, omissions, interruptions, delays, errors or other defects in the
provision of service, or (2) installation, operation, failure to operate
maintenance, removal, presence, condition, local or use of any equipment
and facilities furnishing this service.
Neither is the Company responsible for any infringement, nor invasion of the
right of privacy of any person or persons, caused or claimed to have been
caused directly or indirectly, by the installation, operation, failure to operate
maintenance, removal, presence, condition, occasion or use of emergency
911 service features and the equipment associated therewith, or by any
services furnished by the Company, including, but not limited to the
identification of the telephone number, address or name associated with the
telephone used by the party or parties accessing emergency 911 service, and
which arise out of the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or agents of
anyone of them.
When a Customer with a nonpublished telephone number, as defIned herein
places a call to the emergency 911 service, the Company will release the
name and address of the calling party, where such information can be
determined, to the appropriate local governmental authority responsible for
emergency 911 service upon request of such governmental authority.
subscribing to service under this rate sheet, the Customer acknowledges and
agrees with the release of information as described above.
Issued: April 12, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Light year Network Solutions, LLC Idaho Price List No.
Original Page 21
SECTION 2 - RULES AND REGULATIONS, (CONT'
Undertaking of the Company, (Cont'
1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting activities
that may occur in normal operation of its business. Such activities may include, but are not
limited to, equipment or facilities additions, removals or rearrangements and routine
preventative maintenance. Generally, such activities are not specific to an individual
Customer but affect many 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.
1.6 Provision 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 price list. The Company does not
guarantee availability by any such date and shall not be liable for any delays in
commencing service to any Customer.
The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities 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.
Issued: Apri112, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 25
SECTION 2 - RULES AND REGULATIONS, (CONT'
Responsibilities of the Customer
General
The Customer is responsible for placing any necessary orders; for complYing with
price list regulations; and for assuring that Authorized Users comply with price list
regulations. The Customer shall ensure compliance with any applicable laws
regulations, orders or other requirements (as they exist from time to time) of any
governmental entity relating to Services provided or made available by the Customer
to Authorized Users. The Customer is also responsible for the payment of charges for
calls originated at the Customer s numbers which are not collect, third party, calling
card, or credit card calls.
The Customer is responsible for charges incurred for special construction and/or
special facilities which the Customer requests and which are ordered by the Company
on the Customer s behalf.
If required for the provision of the Company s Services, the Customer must provide
any equipment space, supporting structure, conduit and electrical power without
charge to the Company.
The Customer is responsible for arranging access to its premises at times mutually
agreeable to the Company and the Customer when required by Company personnel to
install, repair, maintain, program, inspect or remove equipment with the provision of
the Company s Services.
The Customer shall ensure that the equipment and/or system is properly interfaced
with Company facilities or Services, that the signals emitted into the Company
Network are of the proper mode, bandwidth, power, and signa11eve1 for the intended
use of the Customer and in compliance with the criteria set forth in this price list, and
that the signals do not damage equipment, injure personnel, or degrade Service to
other Customers. If the Federal Communications Commission or some other
appropriate certifying body certifies terminal equipment as being technically
acceptable for direct electrical connection with interstate communications service, the
Company will permit such equipment to be connected with its channels without use
of protective interface devices.
Issued: April 12, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Light year Network Solutions, LLC Idaho Price List No.
Original Page 26
SECTION 2 - RULES AND REGULATIONS, (CONT'
Responsibilities of the Customer, (Cont'
General
Continued
If the Customer fails to maintain the equipment and/or the system 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 s expense. If this fails to produce satisfactory
quality and safety, the Company may, upon written, terminate the Customer
Service.
The Customer must pay the Company for replacement or repair of damage to the
equipment or facilities of the Company caused by the negligent or willful acts of the
Customer, Users, or others, by improper use of the Services, or by use of equipment
provided by the Customer, Users, or others.
The Customer must pay for the loss through theft of any Company equipment
installed at Customer s premises.
The Customer is responsible for payment of all charges for Services and equipment
provided under this price list.
The Customer is responsible for compliance with the applicable regulations set forth
in this price list.
Issued: April 12, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
Lightyear Network Solutions, LLC Idaho Price List No.
Original Page 27
SECTION 2 - RULES AND REGULATIONS, (CONT'
Responsibilities of the Customer, (Cont'
Liability of the Customer
The Customer will be liable for damages to the facilities 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.
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 harmless the
Company from and against all claims, actions, damages, liabilities, costs and
expenses, including reasonable attorneys' fees, for (1) any loss, destruction or damage
to property of any third party, and (2) any liability incurred by the Company to any
third party pursuant to this or any other tariff of the Company, or otherwise, for any
interruption of, interference to, or other defect in any service provided by the
Company to such third party.
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 part from or arising in
connection with the furnishing of service under this tariff including but not limited to
mistakes, omissions, interruptions, 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 parties for damages of
any nature other than those described in the preceding sentence.
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.
Issued: Apri112, 2004
Issued by:
Effective:
John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223 IDLO400a
Light year Network Solutions, LLC Idaho Price List No.
Original Page 49
SECTION 2 - RULES AND REGULATIONS, (CONT'
Toll-Free Services
15.The Company will make every effort to reserve toll free (i.
, "
800/888") vanity numbers for
Customers, but makes no guarantee or warranty that the requested number( s) will be
available.
15.The Company will participate in porting toll free numbers only when all charges incurred as a
result of the toll free number have been paid.
15.Toll free numbers shared by more than one Customer, whereby individual Customers are
identified by a unique Personal Identification Number, may not be assigned or transferred for
use with service provided by another carrier. Subject to the limitations provided in this price
list, the Company will only honor Customer requests for a change in Responsible
Organization or toll free service provider for toll free numbers dedicated to the sole use ofthat
single Customer.
15.4 If a Customer who has received a toll free number does not subscribe to toll free service
within thirty (30) days, the Company reserves the right to make the assigned number available
for use by another Customer.
Issued: Apri112, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
Light year Network Solutions, LLC Idaho Price List No.
Original Page 50
SECTION 3 - SERVICE AREAS
Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment, in areas
currently served by the following Incumbent LECs: 1) Qwest.
The Company will mirror the local exchange service area of Qwest.
Issued: Apri112, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
LIGHTYEAR NETWORK SOLUTIONS, LLC Idaho Price List No.
Original Page 80
SECTION 7 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT'
Non-Published Service
General
Non-published service means that the Customer s telephone number is not listed in the
directory, nor does it appear in the Companys Directory Assistance Records.
Regulations
This service is subject to the rules and regulations for E911 service, where applicable. The
Company will complete calls to a non-published number only when the caller dials direct or
gives the operator the number. No exceptions will be made, even if the caller says it is an
emergency.
When the Company agrees to keep a number unpublished, it does so without any obligation.
Except for cases of gross negligence or willful misconduct, the Company is not liable for any
damages that might arise from publishing a non-published number in the directory or
disclosing it to some. If, in error, the telephone number is published in the directory, the
Company s only obligation is to credit or refund any monthly charges the Customer paid for
non-published service.
The subscriber indemnifies (i., promises to reimburse the Company for any amount the
Company must pay as a result of) and hold the Company harmless against any and all claims
for damages caused or claimed to have been caused, directly or indirectly, by the publication
of a non-published service or the disclosing of said number to any person.
The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibility to
adjudicate negligence and consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
Rates and Charges
There is a monthly charge for each non-published service.
Non-published service charge. per month
Business Residential
Month-to-Month:
One Year Term
Issued: April 12, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
LIGHTYEAR NETWORK SOLUTIONS, LLC Idaho Price List No.
Original Page 81
SECTION 7 - DIRECTORY ASSISTANCE AND LISTING SERVICES, (CONT'
Non-Listed Service
General
Non-listed service means that the Customer s telephone number is not listed in the directory,
but it does appear in the Company s Directory Assistance Records.
Regulations
This service is subject to the rules and regulations for E911 service, where applicable.
The Company will complete calls to a non-listed number.
When the Company agrees to keep a number unlisted, it does so without any obligation.
Except for cases of gross negligence or willful misconduct, the Company is not liable for any
damages that might arise from publishing a non-listed number in the directory or disclosing it
to some. If, in error, the telephone number is listed in the directory, the Company s only
obligation is to credit or refund any monthly charges the Customer paid for non-listed service.
The subscriber indemnifies (i., promises to reimburse the Company for any amount the
Company must pay as a result of) and hold the Company harmless against any and all claims
for damages caused or claimed to have been caused, directly or indirectly, by the publication
of a non-listed service or the disclosing of said number to any person.
The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibility to
adjudicate negligence and consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
Rates and Charges
There is a monthly charge for each non-listed service.
Non-listed service charge. per month
Business Residential
Month-to-Month
One Year Term
n/a
n/a
Issued: April 12, 2004
Issued by: John J. Greive
Vice President of Regulatory Affairs and General Counsel
1901 Eastpoint Parkway
Louisville, KY 40223
Effective:
IDLO400a
CONFIDENTIAL
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