Bandwidth.com CLEC LLC Tariff No 1.pdf

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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 1
Tariff Schedule Applicable to
Resold and Facilties-Based
Intrastate Interexchange Services
Furnished by
Bandwidth.com CLEC, LLC
Between Points Within the State of Idaho
Issued: October _, 2007
AJ72284938.l
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:.....---1
Idaho Public Utiites Commi
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
Boise, tdaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 2
CHECK SHEET
The sheets inclusive of this tariff are effective as of the date shown at the bottom of the
respective sheet(s). Original and revised sheets as named below comprise all changes from the
original tariff and are currently in effect as of the date on the bottom of this sheet.
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Issued: October _, 2007
AJ72284938.1
Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
Bose, Ida
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No, 1
Original Page 3
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CHECK SHEET (Contd.)
Number of Revision
Original
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Original
Original
Issued: October _, 2007
AJ72284938.l
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
Bo Idahl
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Bandwidth,com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 4
Table of Contents
Check Sheet....................................... ................................... ......... ......... ................. ......... ........2
Table of Contents.............................................................................................................:........ 4
Tariff Format..............................................................................................................................6
Explanation of Symbols............................................................................................................. 7
Definitions................................................................................................................... .............. 9
Section 1. Application of Tariff................................................................................................. 11
Section 2. Rules and Regulations............................................................................................ 12
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
Undertaking of the Company............................................................................ 12
Obligations of the Customer............................................................................. 12
Liability of the Company................................................................................... 15
Application for Service...................................................................................... 19
Payment for Service .........................................................................................21
Customer Deposits........................................................................................... 23
Customer Complaints and Biling Disputes....................................................... 25
Allowance for Interruptions in Service............................................................... 26
Taxes and Fees................................................................................................28
Returned Check Charge................................................................................... 28
Special Customer Arrangements...................................................................... 28
Disconnection and Termination of Service:....................................................... 29
Unlawful Use of Service................................................................................... 32
Interference With or Impairment of Service....................................................... 34
Telephone Solicitation by Use of Recorded Messages..................................... 34
Incomplete Calls...............................................................................................34
Overcharge...................................................................................................... 34
Notices.............................................................................................................34
Emergency Callng........................................................................................... 35
Issued: October _, 2007
AJ72284938.1
Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commissn
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- Z007
Bose, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 5
Table of Contents (Contd)
Section 3. Description Of Services............................................................................................... 36
3.1 Promotional Offerings.................................................................................................... 34
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arrangements (CSP/SPA) ...36
3.3 Individual Case Basis (1ICB") Offerings..........................................................................36
3.4 Long Distance Service................................................................................................... 37
Section 4. Rates and Charges...................................................................................................... 38
4.1 Calculation of Rates....................................................................................................... 38
4.2 Long Distance Service................................................................................................... 39
Section 5. Miscellaneous Services and Charges.......................................................................... 41
5.1 Idaho USF Surcharge.................................................................................................... 41
5.2 Telecommunications Relay Service (TRS) ..................................................................... 41
Issued: October _' 2007 Effective Date:
Idaho Public Utilities Cõmmin
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938.l
Bose, Idaho ~.f
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 6
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 Page 14 and 15 would be 14.1.
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 4th revised Page 14 cancels the 3rd revised
Page 14.
C. Paragraph Numbering Sequence - There are various levels of paragraph coding.
Each level of coding is subservient to its next higher level:
2
2.1
2.1.1
2.1.1.1
D.Check Sheets - When a tariff filing is made with the Commission, an updated Check
Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the
tariff, with a cross-reference to the current revision number. When new pages are
added, the Check Sheet is changed to reflect the revision. An asterisk designates all
revisions made in a given filing (*). There wil be no other symbols used on this page if
these are the only changes made to it (i.e., the format, etc. remain the same, just revised
revision levels on some pages.) The tariff user should refer to the latest Check Sheet to
find out if a particular page is the most current on file with the Commission.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commiss
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938,l
Boise, Idho
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 7.
(C)
(D)
(I)
(M)
(N)
(R)
(S)
(T)
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EXPLANATION OF SYMBOLS
- To signify changed listing, rule or conditions which may affect rates or charges
- To signify discontinued material, including a listing, rates rule 0 condition
- To signify an increase in a rate
- To signify text or rates relocated without change
- To signify a new material including listing, rate rule or condition
- To signify a reduction in a rate
- To signify reissued regulations
- To signify a change in wording of text but no change in rate, rule or condition
Issued: October _,2007
AJ72284938.l
Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - Z007
ii
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Boise, 'dato
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 8
CONTACT INFORMATION
BANDWIDTH.COM CLEC, LLC
4001 WESTON PARKWAY
CARY, NC 27513
WW.BANDWIDTH.COM
Phone: [phone]
Fax: [phone]
Customer Contact -
For establishment of service, complaints, and inquiries regarding service and billng, or reporting
or inquiring about network outages or service problems.
Customer Service: 1-800-808-5150
Commission Contact -
For complaints and customer inquiries concerning rates.
Joe Campbell, Vice President of Operations
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
joe~bandwidth.com
For matters concerning tariffs and regulatory affairs.
Joe Campbell, Vice President of Operations
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
joe~bandwidth.com
Issued: October _, 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938.1
Effective Date:
Idaho Public Utilities Commison
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
Bo, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 9
DEFINITIONS
"Applicant" refers to an individual, partnership, corporation, association, or government
agency who applies to the Company for any new or additional telephone service.
"Bandwidth. com" refers to Bandwidth.com CLEC, LLC
"Business Hours" refers to the time after 8:00 A.M. and before 5:00 P.M., Monday through
Friday excluding holidays
"Company" or "refers to Bandwidth.com CLEC, LLC
"Completed call" is a call which the Company's network has determined has been
answered by a person, answering machine, fax machine, computer modem
device, or other answering device.
"Customet' refers to any person, firm, corporation, or governmental entity who has applied
for and is granted service or who is responsible for payment of service.
"Delinquent or Delinquency" refers to an account for which payment has not been paid in
full on or before the last day for timely payment.
"Commission refers to the Idaho Public Utilities Commission.
"Grandfathered Service" applies to an obsolete and/or outdated service that the Company
no longer wishes to provide. The grandfathering of a service is the Company's
method of managing a tariff for this service prior to ultimately discontinuing the
service, or change existing tariff regulations without discontinuing certain rights,
privileges or conditions of the service to existing customers.
"Hunting Service" refers to an arrangement to search multiple lines of the same class of
service and of the same customer for a vacant line for each incoming calL.
Issued: October _,2007 Effective Date:
Idaho Public Utilites Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938.1 '.
Boise. Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 10
DEFINITIONS (Contd)
"Local Access Transport Area ("LATA")" refers to a geographical area established by the
U.S. District Court for the District of Columbia in Civil Action No. 820192.
"Nonrecurring Charges" refer to a one-time charge associated with given service or item of
equipment which applies on a per-service and/or per item basis each time the
service or item of equipment is provided.
"Non-Published or Unlisted Service" refers to service that is not accompanied by inclusion
of the Subscriber's name, address, or telephone number in a published directory
or directory assistance data base.
"Service" refers to any telecommunications service(s) provided by the Company under this
tariff and under the regulatory jurisdiction of the Commission.
"Subscribet' refers to the firm, company, corporation, or other entity that contracts for
service under this tariff and that is responsible for the payment of charges as well
as compliance with the Company's regulations pursuant to this tariff.
"Station" refers to a telephone instrument consisting of a connected transmitter, receiver,
and associated apparatus to permit sending or receiving telephone messages.
"Tariffs" refer to the tariffs, price lists, and generally applicable terms and conditions on file
with a state or federal regulatory authority or publicly available on the Company's
website in accordance with the regulations of a state or federal regulatory
authority.
"Telephone Numbers" refer to The North American Numbering Plan (NPA-NXX-XX)
numbers assigned to Bandwidth.com Customers and used in conjunction with
the Services provided pursuant to this tariff.
Issued: October , 2007
AJ72284938.1
Effective Date:
Idaho Public Utilties Commisson
Office of t~ Secretary
ACCEPTED FOR FILING
NOV 8- 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Boise, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 11
SECTION 1. APPLICATION OF TARIFF
1.1.1 This tariff governs the services provided by Bandwidth.com CLEC, LLC that
originate and terminate within the State of Idaho Specific services and rates are
described elsewhere in this tariff.
1.1.2 The Company's installs operates, and maintains the communications services
provided herein in accordance with the terms and conditions set forth under this
tariff. It may act as the customer's agent for ordering access connection facilities
provided by other carriers or entities when authorized by the customer, to allow
connection of a customer's location to the Company's network. The customer
shall be responsible for all charges due for such service arrangement.
1.1.3 The Company's services and facilities are provided on a monthly basis unless
ordered on a longer term basis, and are available twenty-four hours per day,
seven days per week.
1.1.4 The. Company's services are available to business/non-residential and residential
customers.
1.1.5 This tariff shall be interpreted and governed by the laws of the State of Idaho and
the Rules issued by the Commission.
1.1.6 If this Price List contains provisions that deny or restrict a Customer's rights
otherwise protected by Commission rules, Commission rules supersede any
conflicting tariff or price list provisions that deny or restrict any of those rights,
unless otherwise ordered by the Commission, court order, or statute.
Issued: October _, 2007
AJ72284938.1
Effective Date:
Idaho Public UtiUties Commission
Office of the Secrery
ACCEPTED FOR FILING
NOV 8 -- 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Boise, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 12
SECTION 2. RULES AND REGULATIONS
2.1 Undertking of the Company
This tariff contains the regulations, rates and charges applicable to resold and
facilities-based intrastate interexchange services provided by the Company to
business/non-residential and residential customers in the State of Idaho.
2.2 Obligations of the Customer
2.2.1 The customer shall be responsible for:
2.2.1.1
2.2.1.2
2.2.1.3
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's premises unless caused by the
negligence or wilful misconduct of the employees or
agents of the Company.
Providing at no charge, as specified from time to time by
the Company, any needed space and power to operate the
Company's facilities and equipment installed on the
customer's premises.
Issued: October , 2007
AJ72284938.1
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
Boise, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 13
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.1 (Contd)
2.2.1.4
2.2.1.5
2.2.1.6
Complying with all laws and regulations regarding the
working conditions on the premises at which the
Company's employees and agents shall be installng or
maintaining the Company's facilities and equipment. The
customer may be required to install and maintain the
Company's facilties and equipment within a hazardous
area if, in the Company's opinion, injury or damage to the
Company's employees or property might result from
installation or maintenance by the Company. The customer
shall be responsible for identifying, monitoring, removing
and disposing of any hazardous material 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 the
Company's facilities and equipment in any customer
premises for the purpose of installng, inspecting,
maintaining, repairing, or upon termination of service as
stated herein, removing the facilities or equipment of the
Company.
Making Company facilities and equipment available
periodically for maintenance purposes at a time agreeable
to both the Company and the customer. No allowance for
interruptions in service wil be made for the period during
which service is interrupted for such purposes.
Issued: October _, 2007
AJ72284938.1
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Idaho PubliC Utilities CommissOl
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - Z007
Boise, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 14
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.2 With respect to any service or facility provided by the Company, the
customer shall indemnify, defend and hold harmless the Company from
all claims, actions, damages, liabilties, costs and expenses for:
2.2.2.1 Any loss, destruction or damage to property of the
Company or any third party, or injury to persons, including,
but not limited to, employees or invitees of either the
Company or the customer, to the extent caused by or
resulting from the negligent or intentional act or omission of
the customer, its employees, agents, representatives or
invitees; or
2.2.2.2 Any claim, loss, damage, expense or liability for
infringement of any copyright, patent, trade secret, or any
proprietary 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.
2.2.3 The customer is responsible for ensuring that customer-provided
equipment connected to Company equipment and facilities is compatible
with such equipment and facilities. The connection, operation, testing, or
maintenance of such equipment shall be such as not to cause damage to
the Company-provided equipment and facilities 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.
2.2.4 The Company's services (as detailed in this tariff may be connected to
the services or facilties or other communications carriers only when
authorized by, and in accordance with, the terms and conditions of the
tariffs or contracts which are applicable to such connections.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilites Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938.1
Boise, Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 15
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.5 Upon reasonable notification to the customer, and at a reasonable time,
the Company may make such tests and inspections as may be
necessary to determine that the customer is complying with the
requirements set forth in this tariff for the installation, operation, and
maintenance of customer-provided facilities and equipment that is
connected to Company-owned facilities and equipment.
2.3 Liabilty of the Company
2.3.1 In view of the fact that the customer has exclusive control over the use
of service and facilities furnished by the Company, and because certain
errors incident to the services and to the use of such facilities of the
Company are unavoidable, services and facilities are furnished by the
Company subject to the terms, conditions and limitations herein
specified:
(A) The Company's damages arising out of its negligent acts, ormistakes, omissions, interruptions, delays, errors, or defects
during the course of furnishing service, shall in no event exceed
an amount equivalent to Bandwidth.com's charges for service
during the period affected by such negligence, or in which such
mistakes, omissions, interruptions, delays, errors, or defects
occurred. Any mistakes, omissions, interruptions, delays, errors,
or defects that are caused by or materially contributed to by the
negligence or wilful acts of Customer, or that arise from facilities
or equipment used by Customer and not provided by
Bandwidth.com, shall not result in the imposition of any liability
upon Bandwidth.com.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utmties Commission
Offce of the Secretary
ACCEPTED FOR FILING
NOV 8 -- Z007AJ72284938.1
Bose Idaho
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 16
SECTION 2. RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.1 (Contd)
(B)
(C)
Customer shall defend, indemnify, and hold harmless the
Company, its officers and directors, employees, and agents from
and against any and all lawsuits, claims, demands, penalties,
losses, fines, liabilities, damages, and expenses of any kind and
nature (including, without limitation, liability to third parties for
personal injury or death and for loss or damage to property, and
loss or damage to Company property, and injury to Company
employees), without limitation whatsoever, that in any way arise
out of or result from Customer's operations, installation or
maintenance of equipment and facilities, or performance under
this tariff, or that arises out of or in any way is connected with
Customer's provision of service to its end users, or any use or
attempted use by Customer or any such end user of services
provided by the Company hereunder; provided that this section
shall not apply to the extent that any injury, loss, or damage is
caused by the gross negligence or wilful misconduct on the part
of the Company.
The Company wil not be liable for any act, omission to act,
negligence, or defect in the quality of service of any underlying
carrier or other service provider whose facilities or services ~re
used in furnishing any portion of the service received by
CustÇ)mer. Bandwidth.com will not be liable for any failure of
performance that is caused by or the result of any act or omission
by Customer or any entity other than Bandwidth.com, that
furnishes services, facilities, or equipment used in connection with
Bandwidth.com's services or facilities.
Issued: October _,2007
AJ72284938.1
Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
-,
Idaho Public Utilites CommissOl
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
Boise, Idlø
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 17
SECTION 2 RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.1 (Contd.)
(D) EXCEPT AS EXPRESSLY PROVIDED IN THIS TARIFF,
BANDWIDTH.COM MAKES NO EXPRESSED OR IMPLIED
REPRESENTATIONS, OR WARRANTIES,INCLUDING ANY
WARRANTIES REGARDING MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
(E) IN NO EVENT SHALL BANDWITDH.COM BE LIABLE TOCUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR REVENUE).
(F)THE INCLUDED EXCULPATORY 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.
2.3.2 Limitation of Liability
2.3.2.1 Nothing in this tariff shall be construed to limit the Company's
liability in cases of gross negligence or wilful misconduct.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938.1
Boise, tda0
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 18
SECTION 2. RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.3 Force Majeure
2.3.3.1 Neither Party shall be responsible for delays or failures in
performance, except for the obligation to make payments required
under this tariff, resulting from acts or occurrences in the nature of
force majeure such as fire, explosion, acts of God, war, or civil
commotion; any law, order, regulation, or ordinance of any
government or legal body; strikes; or delays caused by the other
Party. In such event, the Party affected shall, upon giving prompt
notice to the other, be excused from such performance to the
extent of such interference. The affected Party shall use its
reasonable efforts to avoid or remove the cause of non-
performance and both Parties shall proceed to perform with
dispatch once the causes are removed or cease.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of. the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938,l
Boise, Idah
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 19
SECTION 2. RULES AND REGULATIONS (Contd)
2.4 Application for Service
2.4.1 Minimum Contract Period
2.4.1.1 Except as otherwise provided, the minimum contract period
is one month for all services furnished. However, if a new
customer notifies the Company within twenty days after
receipt of the first bill that certain services or equipment are
not desired, the Company wil delete such services or
equipment from the customer's account without a record
keeping or service ordering charge. The customer
nonetheless shall be responsible for all monthly usage and
installation charges incurred for the use of such service and
equipment.
2.4.1.2 Except as provided in 2.4.2.1, the length of minimum
contract period for directory listings, and for joint user service
where the listing actually appears in the directory, is the
directory period. The directory period is from the day on
which the directory is first distributed to customers to the day
the succeeding directory is first distributed to customers.
2.4.1.3 The Company may require a minimum contract period longer
than one month in connection with special, non-standard
types or arrangements of equipment, or for unusual
construction, necessary to meet special demands for
service.
2.4.2 Cancellation of Service
2.4.2.1 Where the applicant cancels an order for service prior to the
start of the installation or special construction of facilities, no
charge shall apply, except to the extent the Company incurs
a service order or similar charge from a supplying carrier, if
any, prior to the construction.
Issued: October _' 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8- Z007AJ72284938.1
Bois, Idab
.
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 20
SECTION 2. RULES AND REGULATIONS (Contd)
2.4 Application for Service (Contd)
2.4.2.2 Where the installation of facilties, other than those provided by
special construction, has been started prior to cancellation, the lower
of the following charge applies;
2.4.2.2.A The total costs of installng and removing such facilities; or
2.4.2.2.B The monthly charges for the entire initial contract period of
the service ordered by the customer as provided in this
tariff plus the full amount of any applicable installation and
termination charges.
2.4.2.3 Where special construction of facilties has been started prior to the
cancellation, and the Company has another requirement for the
specially constructed facilities, no charge applies.
2.4.2.4 The Company reserves the right to redefine its regions, add new
regions, or remove regions from its current offering, as it deems
appropriate in its sole discretion and wil provide the Customer with at
least thirty (30) days' notice of any change in the definition of the
Company's regions.
2.4.2.5 In the event that the Company plans to exit a current region, the
Customer shall be provided with thirty (30) days prior written
notification of the Company's intent. The Customer shall be allowed
to immediately terminate services in the affected region without
penalty.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
',,: ..'-",NOV 8 -- 2001AJ72284938.l
Boise, Ida
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No.1
Original Page 21
SECTION 2. RULES AND REGULATIONS (Contd)
2.5 Payment for Service
2.5.1 The customer is responsible for payment of all charges for service
furnished to the customer pursuant to this tariff. Charges based on actual
usage during a month wil be biled monthly in the month following the
month in which the service was used. All fixed monthly and nonrecurring
charges for services ordered will be biled monthly in advance.
Bandwidth.com wil bill Customer monthly, with recurring charges being
biled in advance and any usage charges biled in arrears. For residential
customers, payment is due upon receipt by Customer and payable within
thirty (30) days of the Bil Date (the "Due Date").
2.5.2 Payments are past due if not received by the Company by the Due Date.
Any amounts past due wil be subject to a late payment charge. Bils not
paid within forty (40) days of the Bil Date and which have not been
disputed in accordance with the procedures set forth in Section 2.7.1 of
this tariff, may result in suspension of service until the overdue payments
and any additional charges that may be imposed to restore service have
been paid. Failure of the Customer to pay all undisputed amounts by the
Due Date is a material breach and a seven (7) day notice shall be
required in order to terminate services hereunder for non- payment.
2.5.3 The Company reserves the right to require from an applicant for service
advance payments of fixed charges and nonrecurring charges. The
advance payment wil not exceed an amount equal to the nonrecurring
charge(s) and one month's charges for the service or facilty. In addition,
where special construction is involved, the advance payment may also
include an amount equal to the estimated nonrecurring charges for the
special construction. The advance payment wil be applied to any
indebtedness for the service and facilities for which the advance payment
is made on the customer's initial bilL.
Advanced payments for installation costs or special construction wil be
credited on the first bil in their entirety.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utmties Commisson
Office of the Secrery
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938.1
Boise, Idabo
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 22
SECTION 2. RULES AND REGULATIONS (Contd)
2.5 Payment for Service (Contd)
2.5.4 Payment Arrangements
2.5.4.1 When a Customer cannot pay a bil in full, the Company may
continue to serve the Customer if the Customer and the
Company agree on a reasonable portion of the outstanding bil
to be paid immediately, and the manner in which the balance
of the outstanding bil wil be paid.
2.5.4.2 In deciding on the reasonableness of a particular agreement,
the Company wil take into account the Customer's ability to
pay, the size of the unpaid balance, the Customer's payment
history and length of service, and the amount of time and
reasons why the debt is outstanding.
2.5.4.3 Payments are to be applied to the undisputed balance owed
by the Customer. A Customer may designate how a payment
insufficient to pay the total balance due shall be applied. If
applicable, and in the absence of instructions from the
Customer, a partial payment shall be allocated first to local
exchange services. Such payments shall be applied first to the
oldest undisputed balances.
2.5.4.4 If a Customer fails to make the payment agreed upon by the
date that it is due, the Company may, but is not obligated to,
enter into a second payment arrangement.
2.5.4.5 A Customer's failure to pay for undisputed MTS charges billed
by the Company may result in loss of 0+, 0- and 1+ dialing
access to MTS services until such time as the customer pays
the undisputed charges and applicable reconnection charges,
if any.
2.5.4.6 Customer failure to pay undisputed charges for other services
may result in discontinuance of those services.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938,l
Idaho Public Utilties Commissn
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- Z007
Boise, Idah
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 23
.SECTION 2.RULES AND REGULATIONS (Contd)
2.6 Customer Deposits
2.6.1 Deposit Requirements
A deposit shall be required if the Company can prove that the Customer
is likely to be a credit risk or to damage property of the Company. The
Company shall require a deposit, as a condition of service from a
customer or applicant if one or more of the following applies:
a. The customer or applicant has outstanding a prior service account with
any telephone company that accrued within the last four (4) years and at
the time of application for service remains unpaid and not in dispute.
b. The customer's or applicant's service from any telephone company has
been temporarily denied or terminated within the past four (4) years for
one (1) or more of the following reasons:
i.
ii..iii.
iv.
Non-payment of any undisputed delinquent bil
Misrepresentation of the customer's or applicant's identity for the
purpose of obtaining telephone service
Failure to reimburse the telephone company for damages due to
negligent or intentional acts of the customer; or
Obtaining, diverting or using telephone service without the
authorization or knowledge of the telephone company.
c. The applicant does not have verifiable previous telephone service that
was in existence for a period exceeding twelve (12) months and does not
pass an objective credit screen. '
d. Information provided by the applicant is materially false or materially
misrepresentative of the applicant's true status.
e. The applicant requests service at a residence where a prior subscriber
stil resides and where any balance for service to that prior subscriber
incurred at that location is past due or owing.
Issued: October _' 2007 Effective Date:.David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Offce of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938,l
BoiS. Ida
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 24
SECTION 2. RULES AND REGULATIONS (Contd)
2.6 Customer Deposits (Contd)
2.6.1 Deposit Requirements (Contd)
The deposit shall be held as a guarantee for the payment of charges. The
Company may require such a deposit if the Company considers this
action necessary to safeguard its interests. The deposit shall not exceed
two (2) months' charges for local exchange service.
2.6.2 Interests on Deposits
Interest on deposits held shall be payable and accrued at a rate set by
Commission, currently 5%, under the provisions of IDAPA 31.41.01.106.
When a service is discontinued the amount of any deposit held by the
Company, plus accrued interest, wil be applied to the Customer's
account and any credit balance remaining wil be refunded.
2.6.3 Return of Deposit
Customer's deposit wil be returned, with accrued interest, when the
customer has maintained good credit by making payments for all
undisputed amounts due the Company before temporary or permanent
disconnection for twelve (12) months. Any deposit, plus accrued interest,
may be applied to the Customer's telephone account following completion
of twelve months' satisfactory payment.
Issued: October ,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commissioii
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - Z007AJ72284938.1
Bose, Idal
.
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 25
SECTION 2.RULES AND REGULATIONS (Contd)
2.7 Customer Complaints and Billng Disputes
2.7.1 In the event that Customer disputes any charges, Customer may notify
the Company by telephone, in writing or in person. Customer shall
submit all documentation as may reasonably be required to support the
claim. Payment may be withheld for the amounts subject to a dispute
submitted prior to the Due Date. All disputes and claims for refunds must
be submitted to Bandwidth.com within thirty (30) days of the Bil Date. If
Customer does not submit a claim as stated above, Customer waives all
rights to file a claim thereafter. Bandwidth.com shall investigate and
resolve all disputes within forty-five (45) days of receipt of the dispute and
Bandwidth.com's resolution of such a dispute is finaL. Any portion of a
disputed amount deemed payable by Bandwidth.com must be paid in full
within ten (10) days of resolution or Customer's service may be subject to
disconnection and late payment charges imposed on the overdue
amount.
2.7.2 Any unresolved dispute may be directed in writing to the Consumer
Assistance Section, Idaho Public Utilities Commission, P.O. Box 83720,
Boise, Idaho 83720-0074, by phone toll free at 1-800-432-0369, at (208)
334-0369 (within Idaho) or by fax at [phone].
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties CommissiOß
Office of the Secretary
ACCEPTED FOR FILING
NOV 8-- 2007AJ72284938.1
Boise, ldao
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 26
SECTION 2. RULES AND REGULATIONS (Contd)
2.8 Allowance for Interruptions in Service
2.8.1 Credits for Service Interruptions
A credit allowance wil be made when an interruption in service occurs.
An interruption in service is considered to exist when the local service
quality deteriorates to such an extent that the customer cannot make local
calls or cannot receive local calls or cannot use the service for voice
grade communications because of cross talk, static or other transmission
problem.
An interruption period begins when the Customer reports a circuit, service
or facility to be interrupted and releases it for testing.
2.8.1.1 The Company must restore service: within sixteen (16) hours
after the report of the outage if the customer notifies the
telephone company that the service outage creates an
emergency; or
2.8.1.2 within 24 hours after the report of the outage if no emergency
exists.
2.8.1.3 Outages reported between noon on Saturday and 6:00 p.m. on
the following Sunday must be restored within forty-eight (48)
hours or by 6:00 p.m. on the following Monday, whichever is
sooner.
2.8.1.4 If the Company does not restore service within the times
required by this paragraph, the Company will credit the
customer's account for an amount equal to the monthly rate for
one (1) month of basic local exchange service.
Issued: October _' 2007
AJ72284938,l
Effective Date:
Idaho P~blic Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8:' 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Boise. Idaho
.
.
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 27
SECTION 2. RULES AND REGULATIONS (Contd)
2.8 Allowance for Interruptions in Service (Contd)
2.8.2 Limitations on Allowances
No credit allowance wil be made for:
2.8.2.1 interruptions due to the negligence of the Customer, or
noncompliance with, or acts of omission regarding the provisions
of this price list by the Customer, authorized user or joint user;
2.8.2.2 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;
2.8.2.3 interruptions of service during a 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; or
2.8.2.4 interruption of service due to circumstances or causes beyond
the control of the Company and affecting large groups of
customers.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public UtiUties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938.1
Boise. Idaho
.
.
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 28
SECTION 2. RULES AND REGULATIONS (Contd)
2.9 Taxes and Fees
2.9.1 All state and local taxes and fees shall be listed as separate line items on
the customer's bilL.
2.9.2 If a municipality, other political subdivision or local agency of government,
or the Commission imposes and collects from the Company a gross
receipts tax, occupation tax, license tax, permit fee, franchise fee, or
regulatory fee, such taxes and fees shall, as allowed by law, be biled pro
rata to the customer receiving service from the Company within the
territorial limits of such municipality, other political subdivision or local
agency of government.
2.9.3 Service shall not be subject to taxes for a given taxing jurisdiction if the
customer provides the Company with written verification, acceptable to
the Company and to the relevant taxing jurisdiction, that the customer has
been granted a tax exemption.
2.10 Returned Check Charge
The charge for a returned check is $25.00.
2.11 Special Customer Arrangements
In cases where a customer requests special or unique arrangements which may
include but are not limited to engineering, conditioning, installation, construction,
facilities, assembly, purchase or lease of facilities and/or other special services
not offered under this tariff, the Company, may provide the requested services.
Appropriate recurring charges and/or nonrecurring charges and other terms and
conditions will be developed for the customer for the provisioning of such
arrangements, and filed for Commission approvaL.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commisson
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938,l
Boise, ldao
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 29
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service
2.12.1 Disconnection of Service Without Notice
The Company may deny or discontinue the furnishing of any and/or all
service(s) to a Customer immediately and without prior notice to the
Customer and without the Customer's permission for one or more of the
following reasons:
2.12.1.1 Dangerous Condition. A condition immediately dangerous or
hazardous to the life, physical safety, or property exists, or it is
necessary to prevent a violation of federal, state or local safety
or health codes.
2.12.1.2 Ordered to Terminate Service. The Company is ordered to
terminate service by any court, the Commission, or any other
duly authorized public authority.
2.12.1.3 Services Obtained Ilegally. The services(s) was (were)
obtained, diverted or used without the authorization or
knowledge of the Company.
2.12.1.4 Customer Unable to be Contacted. The Company has tried
diligently to provide reasonable notice to the Customer, but
has been unsuccessful in its attempt to contact the Customer.
2.12.1.5 Misrepresentation of Identity. The Customer has
misrepresented the Customets identity for purposes of
obtaining telephone service and either does not have or has
an inadequate security deposit on file with the Company.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 2751,3
Idaho Public Utmties Commisson
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938.l
Boise, tdalo
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 31
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service (Contd)
2.12.2. Disconnection of Service Requiring Notice
2.12.2.1 The Company may disconnect service for any of the
following reasons provided it has notified the customer of its
intent, in writing, to disconnect service and has allowed the
customer a reasonable time of not less than seven (7) days
in which to remove the cause for disconnection:
2.12.2.1.A Non-compliance with Regulations. For violation
of or non-compliance with Commission's rules
and regulations or for violation of or non-
compliance with the Company's tariffs on file
with the Commission.
2.12.2.1.B Failure on Contractual Obligations. For failure
of the customer to fulfil his contractual
obligations for service or facilties subject to
regulation by the Commission.
2.12.2.1.C Refusal of Access. For failure of the customer
to permit the Company to have reasonable
access to its equipment and property.
2.12.2.1. D Failure to meet the Company's deposit and
credit requirements.
2.12.2.1.E For non-payment of a bil for service, amounting
to $50 or more, provided that the Company has
made a reasonable attempt to effect collection
and has given the customer written notice at
least seven (7) days of its intent to deny service
if settlement of his account is not made and
provided the customer has an additional twenty-
four (24) hour notice prior to discontinuance, in
which to make settlement before his service is
denied.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938.1
Idaho Public Utilties Commi9SOl
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
Bose Ida
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 30
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service (Contd)
2.12.1 Disconnection of Service Without Notice
2.12.1.6 for any governmental prohibition, or required alteration of the
services provided, or any violation of any applicable law or
regulation, or unlawful use of service or use of service for
unlawful purposes, the Company may immediately discontinue
or suspend service.
Issued: October _,2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938.1
Boise, Ida
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 32
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service (Contd)
2.12.2 Disconnection of Service Requiring Notice (Contd)
2.12.2.1 (Contd)
2.12.2.1.F Failure to Comply with Service Conditions.
For failure of the customer to furnish the
service equipment, permits, certificates, or
rights-of-way, specified by the Company as
a condition to obtaining service, or if the
equipment or permissions are withdrawn or
terminated.
2.12.2.1.G Failure to Comply with Municipal
Ordinances. For failure to comply with
municipal ordinances or other laws
pertaining to telephone service.
2.13 Unlawful Use of Service
2.13.1 Service shall not be used for any purpose in violation of law or for any
use as to which the customer has not obtained all required
governmental approvals, authorizations, licenses, consents, and
permits. The Company shall refuse to furnish service to an applicant or
shall disconnect the service without notice of a customer when:
2.13.1.1 An order shall be issued, signed by a judge finding that
probable cause exists to believe that the use made or to
be made of the service is prohibited by law, or
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilities Commisson
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007AJ72284938.l
Boise. Ida
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 33
SECTION 2. RULES AND REGULATIONS (Contd)
2.13 Unlawful Use of Service (Contd)
2.13.1 (Contd)
2.13.1.2 The Company is notified in writing by a law enforcement
agency acting within its jurisdiction that any facility furnished
by the Company is being used or will be used for the
purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of the law.
2.13.2 If service has been physically disconnected by law enforcement offcials
at the customer's premises and if there is not presented to the
Company the written finding of a judge, then upon written or verbal
request of the subscriber, and agreement to pay restoral of service
charges and other applicable service charges, the Company shall
promptly restore such service.
Issued: October _, 2007
AJ72284938.1
Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilities Commiss
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
Bose, kI
-.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 34
SECTION 2. RULES AND REGULATIONS (Confd)
2.14 Interference With or Impairment of Service
Service shall not be used in any manner that interferes with other persons in the
use of their service, prevents other persons from using their service, or otherwise
impairs the quality of service to other customers. The Company may require a
customer to immediately shut down its transmission of signals if said
transmission is causing interference to others or impairing the service of others.
2.15 Telephone Solicitation by Use of Recorded Messages
2.15.1 Service shall not be used for the purpose of solicitation by recorded
messages when such solicitation occurs as a result of unrequested or
unsolicited calls initiated by the solicitor by means of automatic dialing
devices. Such devices, with storage capability of numbers to be called
or a random or sequential number generator that produces numbers to
be called and having the capability, working alone or in conjunction with
other equipment, of disseminating a prerecorded message to the
number called and which are calling party or called party controlled, are
expressly prohibited.
2.16 Incomplete Calls
2.16.1 There shall be no charge for incomplete calls. No charge will be levied
for unanswered calls. Customers will receive credit for calls placed to a
wrong number if the customer notifies the Company of the error.
2.17 Overcharge
2.17.1 When a cu~tomer has been overcharged by the Company, the amount
shall be refunded or credited to the customer, with interest paid, within
two years or as specified in the customer service agreement.
2.18 Notices
2.18.1 Any notice required or permitted to be given under this tariff, including
proposed changes in rates, shall be in writing and delivered by hand,
mail, national overnight courier service or by fax if confirmed by
telephone to the customer, at the address or phone numbers on record
or at such other address or phone numbers as shall be designated from
time to time.
Issued: October _, 2007 Effective Date:
Idaho Public Utilities Commissoa
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938,l
Bose tda
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Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 35
SECTION 2. RULES AND REGULATIONS (Cont'd)
2.19 Emergency Callng
Access to 911 and E911 service is offered solely as an aid in handling assistance
calls in connection with fire, police, medical, and other emergencies. The
Company is not responsible, in the absence of gross negligence or wilful
misconduct, for any losses, claims, demands, suits, or any liability, whether
suffred, made, instituted, or asserted by the Customer or by any other party or
person, for any personal injury to or death of any person or persons, 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 the installation, operation,
failure to operate, maintenance, removal, presence, condition, location, or use of
such facilities. By dialing 911, the Customer agrees to release, indemnify,
defend, and hold harmless the Company from any and all loss or claims,
whatsoever, whether suffered, made, instituted, or asserted by the destruction of
any property, whether owned by the Customer or others. Not withstanding any
provision to the contrary, in no event shall the Company be liable for any special,
incidental, consequential, exemplary, or punitive damages of any nature
whatsoever.
The Company is not responsible for any infringement or 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 the 911 service
features and the equipment associated therewith, 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 the 911 service.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938,l
Boise, Ideh
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 36
SECTION 3. DESCRIPTION OF SERVICES
3.1 Promotional Offerings
3.1.1 The Company will provide notification to the Commission of its intent to
offer promotional services and rates. The Company may offer existing
services on a promotional basis, that provides special rates, terms, or
conditions of service. The Company wil notify the Commission at least
ten (10) days in advance of the start of any promotional offerings.
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arrangements
(CSP/SPA)
3.2.1 CSP/SPAs are made in response to the specific, individual
requirements for the customers and/or a competitive bidding process. A
CSP/SPA differs from the Company's standard or general tariffed
offerings in that it contains a customer service arrangement and/or term
and/or volume commitment.
3.3 Individual Case Basis ("ICB") Offerings
3.3.1 The tariff may not specify the price of a service in the tariff as ICB. The
Company mayor may not have an equivalent service in its the tariff on
file with the Commission, and the quoted ICB rates may be different than
the tariffed rates. An ICB must be provided under contract to a customer
and the contract filed (can be under seal) with the Commission. All
customers have non-discriminatory access to requesting the service
under an ICB rate.
Issued: October _,2007 Effective Date:
Idaho Public Utmties Commission
Office of the Secretary
ACCEPTED FOR FILING
David Morken, President
Bandwidth.com CLEC, LLC .
4001 Weston Parkway
Cary, North Carolina 27513 NOV 8 -- 2007AJ72284938.l
Boise, Me
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 37
SECTION 3. DESCRIPTION OF SERVICES (Contd)
3.4 Long Distance Service
Bandwidth.com's long distance services are intraLATA and/or InterLATA
interexchange telephone services that allow customers to originate and terminate
calls at locations within the State of Idaho. Bandwidth.com offers its long
distance servìces only under either a volume commitment and/or a term
commitment. In some cases Bandwidth.com's intrastate long distance services
may be available only as add-ons to interstate long distance services provided by
Bandwidth.com as provided in Bandwidth.com's interstate terms and conditions
or as posted on the company's website at ww.bandwidth.com. Customers who
subscribe to local service from Bandwidth.com, but do not subscribe to interLATA
interexchange services from Bandwidth.com, may subscribe to intraLATA service
from Bandwidth.com, prìced in accordance with the rates and procedures used
for intraLATA calls. Bandwidth.com wil provide customers with the option to
select any intraLA TA /ìnterLA TA carrier in accordance with Section 5.
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Offce of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007AJ72284938.1
Bose, Idaho
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 38
SECTION 4. RATES AND CHARGES
4.1 Calculation of Rates
4.1.1 The chargeable time for a long distance call as described in Sections
3.5 and 4.3 is determined by the duration of the calL. Chargeable time
begins when connection is established between the callng station and
the called station. Chargeable time ends when the callng station hangs
up. If the called station hangs up, but the callng station does not,
chargeable time ends when the connection is released by either
automatic timing equipment in the telecommunications network or by an
operator.
4.1.2 Calls are biled in (six) 6 second increments with an eighteen (18)
second minimum for interLA TA intrastate toll calls and a twenty-four
(24) second minimum on intraLATA regional toll calls.
4.1.3 Rates based on the time of day or day of week are described in the
following rate table.
Ni ht/eekends 11 :00 .m. 8:00 a.m.
The Company charges weekend rates on the following Federal holidays:
New Year's Day, President's Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
Issued: October _, 2007
AJ72284938.1
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Idaho Public Utilties Commission
Office of the Secretary G
ACCEPTED FOR FILlN
NOV 8 -- 2007
Bose, Idabo
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 39
SECTION 4. RATES AND CHARGES (Contd)
4.2 Long Distance Service
4.2.1 Business Callng Plans1
Select Plan
IntraLATA Regional Toll
InterLATA Intrastate Toll
$0.049 Per Minute
Minimum Usage
$0.049 Per Minute
$5.00 Per Month
Standard Plan
$0.099 Per Minute
$0.099 Per Minute
$0.00 Per Month
! Available via presubscription or as add-ons to interstate long distance as described in
Section 3.5.
Issued: October _, 2007
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72284938,l
Effective Date:
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8-- 2007
Boise, Idatio
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 40
SECTION 4. RATES AND CHARGES (Contd)
4.2 Long Distance Service (Contd)
4.2.2 IntraLATAllnterLATA Intrastate Resalei
Mileage Band
12+ To 16 Miles
16+ To 20 Miles
20+ To 25 Miles
25+ To 30 Miles
30+ To 40 Miles
40+ To 50 Miles
50+ To 70 Miles
70+ Miles
Rate Period Rate Period Rate Period
Day Evening Night
1 st Min/add'!.1 st Min/add'!.1 st Min/add'!.
1 Min 1 Min 1 Min
$.0809/$.0497 $.0648/$.0398 $.0486/$.0298
$.0809/$.0497 $.0648/$.0398 $.0486/$.0298
$.0966/$.0809 $.0772/$.0648 $.0579/$.0486
$.0966/$.0809 $.0772/$.0648 $.0579/$.0486
$.0966/$.0809 $.0772/$.0648 $.0579/$.0486
$.1044/$.0888 $.0835/$.0710 $.0626/$.0533
$.1044/$.0888 $.0835/$.0710 $.0626/$.0533
$.1044/$.0966 $.0835/$.0772 $.0626/$.0579
l Available via presubscription or as add-ons to interstate long distance as described in
Section 3.5.
Effective Date:Issued: October _, 2007
AJ72284938.1
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 -- 2007
Boise, Idaho
.
.
.
Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff NO.1
Original Page 41
SECTION 5. . MISCELLANEOUS SERVICES AND CHARGES
5.1 Idaho USF Surcharge
A surcharge is assessed on all access lines to contribute towards funding for an
Idaho Universal Service Fund. The surcharge rate is established by the
Commission and wil be assessed to each business and residential line.
Monthly Surcharge $0.003
5.2 Telecommunications Relay Service (TRS)
The Company wil provide access to a telephone relay center for
Telecommunications Relay Service. The service permits telephone
communications between hearing and/or speech-impaired individuals who must
use a Telecommunications Device for the Deaf (TDD) or a Teletypewriter (TT)
and individuals with normal hearing and speech. Customers wil be accessed a
monthly surcharge for funding the TRS program.
Per Minute $0.0002
Issued: October _, 2007 Effective Date:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Public Umities Commission
Office of the Secretary
ACCEPTED FOR FILING
NOV 8 - 2007
AJ72284938.l
Bose. Idaho