Bandwidth.com CLEC LLC Tariff No 2.pdf

Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 1
LOCAL EXCHAGE SERV~ES TARF
Tariff Schedule Applicable to
Resold and Facilties-Based
Local Exchange Servces
Furnished by
Bandwidth.com CLEC, LLC d//a Bandwidth.com
Between Points Within the State of Idaho
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
~.: ;::"..-::,
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tariff No. 2
Original Page 2
LOCAL EXCHAGE SERVICES TARF
CHECK SHEET
The sheets inclusive of this tarff 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 ths sheet.
Page Number of Revision
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Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
LOCAL EXCHAGE SERVICES TARF
CHECK SHEET, (Contd.)
Page Number of Revision
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Idaho P.U.C. Tarff No. 2
Origial Page 3
Issued: August 16,2010 Effective: August 27, 2010
Issued By:Jonathan S.Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolin 27513
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tariff No. 2
Original Page 4
LOCAL EXCHANGE SERVICES TARIF
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 Undertaking of the Company ................................................................................................................12
2.2 Obligations of the Customer .................................................................................................................12
2.3 Liability of the Company ......................................................................................................................15
2.4 Application for Service ......................................................................................................................... 19
2.5 Payment for Service ..............................................................................................................................21
2.6 Customer Deposits ................................................................................................................................23
2.7 Customer Complaints and Biling Disputes ..........................................................................................25
2.8 Allowance for Interrptions in Service .................................................................................................26
2.9 Taxes and Fees ......................................................................................................................................28
2.10 Returned Check Charge ......................................................................................................................28
2.11 Special Customer Argements ......................................................................................................... 28
2.12 Disconnection and Termination of Service........................................................................ .................29
2.13 Unlawfl Use of Service .....................................................................................................................32
2.14 Interference With or Impairment of Service .......................................................................................34
2.15 Telephone Solicitation by Use of Recorded Messages .......................................................................34
2.16 Incomplete Calls.................................................................................................................................. 34
2.17 Overcharge.............................................................. ............................................................................ 34
2.18 Notices ................................................................................................................................................34
2.19 Emergency Calling..............................................................................................................................35
c-
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Issued: August 16, 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tariff No. 2
Original Page 5
LOCAL EXCHANGE SERVICES TARIF
Table of Contents, (Contd.)
Section 3. Description Of Services. ............................................................................................................36
3.1 Promotional Offerings...........................................................................................................................36
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arangements (CSP/SPA) .......................36
3.3 Individual Case Basis ("I CB") Offering............................................................................................... 36
3.4 Local Exchange Service.... ........................................................ .......................... ..... ......... ....... .............37
3.5 Directory Assistance .............................................................................................................................38
Section 4. Rates and Charges ...................................................................................................................... 39
4.1 Calculation of Rates............................................................... ...............................................................39
4.2 Local Exchange Service ........................................................................................................................40
4.3 Directory Assistance Service ................................................................................................................42
Section 5. IntraLATA Toll Presubscription ...............................................................................................43
5.1 General..................................................................................................................................................43
5.2 Presubscription Charge Application...................................................................................................... 44
5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming
Measure") .................................................................. ..................................................... ......... ....... ..... ... ....45
Section 6. Miscellaneous Services and Charges .........................................................................................47
6.1 Idaho USF Surcharge............................................................................................................................47
6.2 Telecommunications Service Assistance Program ("ITSAP") ............................................................47
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, Nort Carolina 27513
Id h P bl' .Effective: August 27,2010a 0 u ie lfriies i.mmlsslOi
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Issued: August 16, 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 6
LOCAL EXCHAGE SERVICES TARF
TAR 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 tarff. 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 Commssion.
For example, the 4th revised Page 14 cancels the 3rd revised Page 14.
C. Paragraph Numberig Sequence - There are varous levels of paragrph codig. Each level of
coding is subservent to its next higher level:
2
2.1
2.1.1
2.1.1 .1
D. Check Sheets - When a tariff fiing is made with the Commission, an updated Check Sheet
accompanies the tarff fiing. The Check Sheet lists the pages contained in the tarff, 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 tarff user should refer to
the latest Check Sheet to find out if a paricular page is the most curent on fie with the
Commssion.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 7
LOCAL EXCHAGE SERVICES TARF
EXPLANATION OF SYMOLS
(C) - To signfy changed listing, rule or conditions which may affect rates or charges
(D) - To signfy discontinued material, including a listing, rates rule 0 condition
(I) - To signify an increase in a rate
(M) - To signify text or rates relocated without change
(N - To signify a new material including listing, rate rule or condition
(R) - To signify a reduction in a rate
(S) - To signify reissued regulations
(T) - To signify a change in wording of text but no change in rate, rule or condition
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public lJtiities Commission
Offiee of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
LOCAL EXCHANGE SERVICES TARF
Idaho P.U.C. Tarff No. 2
Original Page 8
CONTACT INORMTION
BANDWIDTH. COM CLEC, LLC
4001 WESTON PARKWAY
CARY, NC 27513
WW.BANDWITH.COM
Phone: [phone]
Fax: [phone]
Customer Contacts -
For establishment of service, complaints, and inquiries regarding service and biling, or reporting or
inquiring about network outages or service problems.
Customer Service: 1-800-808-5150
Commission Contacts -
For .complaints and customer inquiries:
Lisa Jil Freeman, Vice President - Regulatory
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, NC 27513
Phone: [phone]
Fax: [phone]
Ijfreeman~bandwidth.com
For matters concerning tariffs and regulatory affairs:
Lisa Jil Freeman, Vice President - Regulatory
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, NC 27513
Phone: [phone]
Fax: [phone]
Ijfreeman~bandwidth.com
Registered Agent:Corporation Service Company
1401 Shoreline Drive, Suite 3
Boise, Idaho 83702
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Origial Page 9
LOCAL EXCHAGE SERVICES TARF
DEFINITIONS
"Applicant" refers to an individual, parnership, corporation, association, or governent 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
excludig holidays
"Company" or "Bandwidth. com" refers to Bandwidth.com CLEC, LLC d//a Bandwidth.com.
"Completed call" is a call which the Company's network has determed has been answered by a person,
answerig machie, fax machine, computer modem device, or other
answerig device.
"Customer" refers to any person, fir, corporation, or governental 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.
"Commssion refers to the Idaho Public Utilties Commssion.
"Grandfathered Service" applies to an obsolete and/or outdated servce that the Company no longer
wishes to provide. The grandfatherig of a servce is the Company's method of managing a tarff for this
servce prior to ultimately discontinuing the servce, or change existing tarff regulations without
discontinuing certain rights, privileges or conditions of the service to existing customers.
"Hunting Servce" refers to an arangement to search multiple lies of the same class of servce and of the
same customer for a vacant line for each incoming calL.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Offce of the Secretary
ACCEPTED FOR FI LING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.Ue. Tarff No. 2
Origial Page 10
LOCAL EXCHAGE SERVICES TARF
DEFINTIONS, (Contd.)
"Local Access Transport Area ("LATA")" refers to a geographical area established by the US. District
Court for the District of Columbia in Civil Action No. 820192.
"Nonrecurg Charges" refer to a one-time charge associated with given servce or item of equipment
which applies on a per-servce and/or per item basis each time the servce or item of equipment is
provided.
"Non-Published or Unlisted Servce" refers to servce that is not accompanied by inclusion of the
Subscriber's name, address, or telephone number in a published directory or diectory assistance data
base.
"Servce" refers to any telecommuncations servce(s) provided by the Company under ths tarff and
under the regulatory jursdiction of the Commssion.
"Subscriber" refers to the firm, company, corporation, or other entity that contracts for servce under ths
tarff 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
appartus to permit sendig or receiving telephone messages.
"Tariffs" refer to the tariffs, price lists, and generally applicable terms and conditions on fie with a state
or federal regulatory authority or publicly available on the Company's website in accordace with the
regulations of a state or federal regulatory authority.
"Telephone Numbers" refer to The North American Numberig Plan (N A-NXX-XX) numbers
assigned to Bandwidth.com Customers and used in conjunction with the Servces provided pursuant to
this taff.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 11
LOCAL EXCHAGE SERVICES TARF
SECTION 1 - APPLICATION OF TARF
1.1.1 This tarff governs the servces provided by Bandwidth.com CLEC, LLC that originate
and terminate withi the State of Idaho Specific servces and rates are descried
elsewhere in this tarff.
1.1.2 The Company's installs operates, and maintains the communcations services provided
herein in accordance with the terms and conditions set forth under this tariff. It may act as
the customer's agent for orderig access connection facilities provided by other carers 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
servce arangement.
1.1.3 The Company's servces 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.
1.1.5 This tarff 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 otherise
protected by Commission rules, Commission rules supersede any conflcting tarff or
price list provisions that deny or restrict any of those rights, unless otherwise ordered by
the Commssion, cour order, or statute.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tariff No. 2
Original Page 12
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS
2.1 Undertaking of the Company
This taff contains the regulations, rates and charges applicable to resold and facilities-based
local exchange servces provided by the Company to business/non-residential and residential
customers in the State of Idaho.
2.2 Obligations ofthe Customer
2.2.1 The customer shall be responsible for:
2.2.1.1 The payment of all applicable charges pursuant to this tarff.
2.2.1.2 Reimbursing the Company for daage to, or loss of, the Company's facilties 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 uness caused by the negligence or wilful misconduct of
the employees or agents of the Company.
2.2.1.3 Providing at no charge, as specified from time to time by the Company, any
needed space and power to operate the Company's facilties and equipment
installed on the customer's premises.
Issued: August 16, 201 0
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Cary, North Carolina 27513
Idaho PublìF~¥ttmW~~li27, 2010
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 13
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.2 Obligations ofthe Customer, (Cont'd.)
2.2.1 (Contd.)
2.2.1.4 Complyig with all laws and regulations regardig the workig conditions on the
premises at which the Company's employees and agents shall be installig or
maintainig the Company's facilties and equipment. The customer may be
required to install and maintai the Company's facilties and equipment withi a
hazardous area if, in the Company's opinon, injur or daage to the Company's
employees or property might result from installation or maintenance by the
Company. The customer shall be responsible for identifyg, monitorig,
removig and disposing of any hazardous material prior to any constrction or
installation work.
2.2.1.5 Complying with all laws and regulations applicable to, and obtaing 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 purose of installng, inspecting, maintainng, repairing, or upon termation
of service as stated herein, removig the facilities or equipment of the Company.
2.2.1.6 Makng Company facilties and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the customer. No
allowance for interrptions in serice wil be made for the period durg which
service is interrpted for such purposes.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Car, North Carolina 27513
Effective: J\ugust 27, 2010
Idaho Public Utiities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 14
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.2 Obligations ofthe Customer, (Cont'd.)
2.2.2 With respect to any servce or facility provided by the Company, the customer shall
indemnfy, defend and hold haress the Company from all claims, actions, daages,
liabilties, costs and expenses for:
2.2.2.1 Any loss, destrction or damage to property of the Company or any thid pary,
or injur 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 liabilty for infrgement of any copyrght,
patent, trade secret, or any proprietar infrngement of any copyrght, patent,
trade secret, or any proprietar or intellectual property right of any third par,
arsing from any act or omission by the customer.
2.2.3 The customer is responsible for ensurg that customer-provided equipment connected to
Company equipment and facilities is compatible with such equipment and facilties. The
connection, operation, testing, or maintenance of such equipment shall be such as not to
cause damage to the Company-provided equipment and facilties or injur 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 tarff may be connected to the servces or
facilties or other communications carers only when authorized by, and in accordance
with, the terms and conditions of the tariffs or contracts which are applicable to such
connections.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Publie Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 15
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.2 Obligations ofthe Customer, (Cont'd.)
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 detere that the customer
is complyig with the requirements set fort in ths tarff 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 servce and
facilities fuished by the Company, and because certain errors incident to the servces
and to the use of such facilities of the Company are unavoidable, servces and facilties
are fushed by the Company subject to the terms, conditions and limtations herein
specified:
(A) The Company's daages arsing out of its negligent acts, or mistakes, omissions,
interrptions, delays, errors, or defects durng the course of fushig servce,
shall in no event exceed an amount equivalent to Bandwidth.com's charges for
servce durng the period affected by such negligence, or in which such mistaes,
omissions, interrptions, delays, errors, or defects occured. Any mistaes,
omissions, interrptions, delays, errors, or defects that are caused by or
materially contributed to by the negligence or wilfu acts of Customer, or that
arse from facilities or equipment used by Customer and not provided by
Bandwidth.com, shall not result in the imposition of any liabilty upon
Bandwidth.com.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilties Commission
Office of the Seeretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 16
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.3 Liabilty ofthe Company, (Cont'd.)
2.3.1 (Contd.)
(B) Customer shall defend, indemnfy, and hold harmess the Company, its officers
and directors, employees, and agents from and against any and all lawsuits,
claims, demands, penalties, losses, fies, liabilities, damages, and expenses of
any kid and natue (including, without litation, liability to thid paries for
personal injur or death and for loss or damage to propert, and loss or daage
to Company property, and inury to Company employees), without limitation
whatsoever, that in any way arse out of or result from Customer's operations,
installation or maintenance of equipment and facilties, or performance under this
tarff, or that arses out of or in any way is connected with Customer's provision
of service to its end users, orany use or attempted use by Customer or any such
end user of servces provided by the Company hereunder; provided that this
section shall not apply to the extent that any injur, loss, or daage is caused by
the gross negligence or wilful misconduct on the par of the Company.
(C) The Company wil not be liable for any act, omission to act, negligence, or defect
in the quality of service of any underlying carer or other servce provider whose
facilities or servces are used in furnshing any portion of the servce received by
Customer. Bandwidth.com wil 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 fushes servces, facilties, or equipment used in
connection with Bandwidth.com's servces or facilties. .
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: i\ugust 27,2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 17
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.3 Liabilty ofthe Company, (Cont'd.)
2.3.1 (Contd.)
(D) EXCEPT AS EXPRESSLY PROVIDED IN THIS TARF,BANWIDTH.COM MAKS NO EXPRESSED OR IMPLIED
REPRESENTATIONS, OR WARIES, INCLUDING AN
WARIES REGARING MERCHAABILIT OR FITSS FOR A
PARTICULAR PUROSE.
(E) IN NO EVENT SHAL BANWITDH.COM BE LIALE TO CUSTOMER
FOR SPECIA, INCIDENTAL, INIRCT, CONSEQUENTIA, OR
PUNIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST
PROFITS OR REVENU).
(F) THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITE
A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF
LIAILITY IMPOSED BY THE COMPAN SHOULD BE UPHELD IN A
COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION
RECOGNIES THAT IT IS A COURT'S RESPONSffILITY TO
ADJUICATE NEGLIGENCE AN CONSEQUENTIA DAMGE CLAIS.
IT IS ALSO TH COURT'S RESPONSffILITY TO DETERMIN THE
VALIDITY OF THE EXCULPATORY CLAUSE.
2.3.2 Limitation of Liabilty
2.3.2.1 Nothing in this taff shall be construed to limit the Company's liabilty in cases
of gross negligence or wilful misconduct.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolin 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Origial Page 18
LOCAL EXCHAGE SERVICES T ARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.3 Liabilty ofthe Company, (Cont'd.)
2.3.3 Force Majeure
2.3.3.1 Neither Par shall be responsible for delays or failures in performance, except for
the obligation to make payments required under this tarff, resulting from acts or
occurrences in the natue of force majeure such as fire, explosion, acts of God,
war, or civil commotion; any law, order, regulation, or ordiance of any
governent or legal body; stries; or delays caused by the other Par. In such
event, the Party affected shall, upon givig prompt notice to the other, be excused
from such performance to the extent of such interference. The affected Par shall
use its reasonable efforts to avoid or remove the cause of nonperformance and
both Paries shall proceed to perform with dispatch once the causes are removed
or cease.
Issued: August 16,2010 Effective: August 27, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Idaho Publie Utilties Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 19
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.4 Application for Servce
2.4.1 Minimum Contract Period
2.4.1.1 Except as otherwise provided, the minium contract period is one month for all
services fushed. However, if a new customer notifies the Company with
twenty days after receipt of the first bil 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 servce orderig charge. The customer
nonetheless shall be responsible for all monthly usage and installation charges
incured for the use of such servce and equipment.
2.4.2 Cancellation of Servce
2.4.2.1 Where the applicant cancels an order for servce prior to the sta of the
installation or special constrction of facilities, no charge shall apply, except to
the extent the Company incurs a servce order or simlar charge from a supplying
carer, if any, prior to the constrction.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilties Commission
A Office of the SecretaryCCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 20
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Cont'd.)
2.4 Application for Servce, (Cont'd.)
2.4.2 Cancellation of Servce, (Cont'd.)
2.4.2.2 Where the installation of facilities, 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 installing and removig such facilties; or
2.4.2.2.B The monthly charges for the entire intial contract period of the
servce ordered by the customer as provided in this tarff plus the
full amount of any applicable installation and termation
charges.
2.4.2.3 Where special constrction of facilities has been stared prior to the cancellation,
and the Company has another requirement for the specially constructed facilities,
no charge applies.
2.4.2.4 Subject to any necessar notice and approval by the Commssion, the Company
reserves the right to redefie its regions, add new regions, or remove regions
from its curent offerig, as it deems appropriate in its sole discretion and wil
provide the Customer with at least thiy (30) days' notice of any change in the
defintion of the Company's regions.
2.4.2.5 Subject to any necessar notice and approval by the Commssion, in the event
that the Company plans to exit a curent region, the Customer shall be provided
with thy (30) days prior written notification of the Company's intent. The
Customer shall be allowed to imediately termate services in the affected
region without penalty.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolia 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 '( 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 21
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AND REGULATIONS, (Contd.)
2.5 Payment for Servce
2.5.1 The customer is responsible for payment of all charges for service furnshed to the
customer pursuant to ths tarff. Charges based on actual usage durg a month wil be
biled monthly in the month following the month in which the servce was used. All fixed
monthly and nonrecurrg charges for servces ordered wil be biled monthly in advance.
Bandwidth.com wil bil Customer monthly, with recurg charges being biled in
advance and any usage charges biled in arears. For residential customers, payment is
due upon receipt by Customer and payable within thiy (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 with forty (40) days of
the Bil Date and which have not been disputed in accordace with the procedures set
forth in Section 2.7.1 of this tarff, may result in suspension of service until the overdue
payments and any additional charges that may be imposed to restore servce 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 termate servces
hereunder for non- payment.
2.5.3 The Company reserves the right to require from an applicant for servce advance
payments of fixed charges and nonrecurg charges. The advance payment will not
exceed an amount equal to the nonrecurg charge(s) and one month's charges for the
servce or facilty. In addition, where special construction is involved, the advance
payment may also include an amount equal to the estiiated nonrecurg charges for the
special constrction. The advance payment wil be applied to any indebtedness for the
service and facilties for which the advance payment is made on the customer's initial bil.
Advanced payments for installation costs or special constrction wil be credited on the
first bil in their entirety.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 22
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AND REGULATIONS, (Contd.)
2.5 Payment for Servce, (Cont'd.)
2.5.4 Payment Arrangements
2.5.4.1 When a Customer canot 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 maner in which the balance
of the outstandig bil wil be paid.
2.5.4.2 In decidig on the reasonableness of a paricular agreement, the Company wil
tae into account the Customer's abilty 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 outstandig.
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 instrctions from the
Customer, a parial payment shall be allocated first to local exchange servces.
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
arangement.
2.5.4.5 Customer failure to pay undisputed charges for other services may result in
discontinuance of those servces.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 23
LOCAL EXCHAGE SERVICES TAR
SECTION 2 - RULES AN REGULATIONS, (Cont'd.)
2.6 Customer Deposits
2.6.1 Deposit Requirements
The Company does not require deposits from customers
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.D.C. Tarff No. 2
Original Page 24
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.6 Customer Deposits, (Cont'd.)
2.6.2 (RSERVED FOR FUTUR USE)
2.6.3 (RSERVED FOR FUT USE)
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Offiee of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 25
LOCAL EXCHAGE SERV~ES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.7 Customer Complaints and Biling 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. shal 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 clais for refuds
must be submitted to Bandwidth.com within three (3) years of the Bil Date. If Customer
does not submit a clai 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 fmaL
Any portion of a disputed amount deemed payable by Bandwidth.com must be paid in
full with ten (10) days of resolution or Customer's servce may be subject to
disconnection and late payment charges imposed on the overdue amount.
2.7.2 Any unesolved dispute may be directed in writing to the Consumer Assistance Section,
Idaho Public Utilties Commission, P.O. Box 83720, Boise, Idaho 83720-0074, by phone
toll free at 1-800-432-0369, at [phone] (withi Idao) or by fax at (208) 334-
4045.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: J\ugust 27,2010
Idaho Public Utilities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 26
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.8 Allowance for Interruptions in Servce
2.8.1 Credits for Servce Interrptions
A credit allowance wil be made when an interrption in service occurs. An interrption
in service is considered to exist when the local servce quality deteriorates to such an
extent that the customer canot make local calls or canot receive local calls or cannot
use the service for voice grade communcations because of cross talk, static or other
transmission problem. An interrption period begins when the Customer reports a circuit,
servce or facilty to be interrpted and releases it for testing.
2.8.1.1 The Company must restore servce: within sixteen (16) hour after the report of
the outage if the customer notifies the telephone company that the servce 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 servce withi the times required by this
paragraph, the Company wil credit the customer's account for an amount equal
tothe monthly rate for one (1) month of basic local exchange servce.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Offiee of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 27
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Cont'd.)
2.8 Allowance for Interrptions in Servce, (Cont'd.)
2.8.2 Limitations on Alowances
No credit allowance wil be made for:
2.8.2.1 interrptions due to the negligence of the Customer, or noncompliance with, or
acts of omission regardig the provisions of this price list by the Customer,
authorized user or joint user;
2.8.2.2 interrptions of servce durng 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 interrptions;
2.8.2.3 interrptions of servce durg a period when the Customer has released service
to the Company for maintenance puroses or for implementation of a Customer
order for a change in servce arangements; or
2.8.2.4 interrption of servce due to circumstances or causes beyond the control of the
Company and affecting large groups of customers.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilties Commission
Oftiee of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 28
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Cont'd.)
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 muncipality, other political subdivision or local agency of governent, or the
Commission imposes and collects from the Company a gross receipts tax, occupation tax,
license tax, permit fee, frnchise fee, or regulatory fee, such taxes and fees shall, as
allowed by law, be biled pro rata to the customer receivig service from the Company
within the terrtorial limts of such muncipality, other political subdivision or local
agency of governent.
2.9.3 Servce shall not be subject to taxes for a given taxing jursdiction if the customer
provides the Company with written verification, acceptable to the Company and to the
relevant taxig jurisdiction, that the customer has been granted a tax exemption.
2.10 Returned Check Charge
The charge for a retued check is $25.00.
2.11 Special Customer Arrangements
In cases where a customer requests special or unque arrangements which may include but are not
limited to engineerig, conditioning, installation, construction, facilties, assembly, purchase or
lease of facilties and/or other special servces not offered under this tarff, the Company, may
provide the requested servces. Appropriate recurg charges and/or nonrecurg charges and
other terms and conditions wil be developed for the customer for the provisioning of such
argements, and fied for Commssion approvaL.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 29
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.12 Disconnection and Termination of Servce
The Company shall not disconnect basic local service for nonpayment of toll or inormation
servce charges or any servce other than basic local servce.
2.12.1 Disconnection of Servce Without Notice The Company may deny or discontinue the
fushing of any and/or all servce(s) to a Customer immediately and without prior
notice to the Customer and without the Customer's permssion for one or more of the
following reasons:
2.12.1.1
2.12.1.2
2.12.1.3
2.12.1.4
2.12.1.5
Dangerous Condition. A condition imediately dagerous or hazardous
to the life, physical safety, or property exists, or it is necessar to prevent
a violation of federal, state or local safety or health codes.
Ordered to Termate Service. The Company is ordered to termate
service by any cour, the Commission, or any other duly authorized
public authority.
Servces Obtained llegally, The services(s) was (were) obtained,
diverted. or used without the authoriation or knowledge of the
Company.
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.
Misrepresentation of Identity. The Customer has misrepresented the
Customer's identity for purposes of obtainng telephone service and
either does not have or has an inadequate securty deposit on file with the
Company.
Issued: August 16,2010
Issued By:
Effective: August 27,2010
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.D.C. Tariff No. 2
Original Page 30
LOCAL EXCHANGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.12 Disconnection and Termination of Service, (Contd.)
2.12.1 Disconnection of Service Without Notice
2.12.1.6 for any governental prohibition, or required alteration of the services
provided, or any violation of any applicable law or regulation, or
unlawfl use of service or use of service for unlawful purposes, the
Company may immediately discontinue or suspend service.
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Issued: August 16, 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 31
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.12 Disconnection and Termination of Servce, (Cont'd.)
2.12.2. Disconnection of Servce Requiring Notice
2.12.2.1 The Company may disconnect servce 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.
2.12.2.l.B
2.12.2.l.C
2.12.2.l.D
2.12.2.1 .E
Non-compliance with Regulations. For vilation of or
non-compliance with Commission's rules and
regulations or for violation of or noncompliance with the
Company's tariffs on fie with the Commssion.
Failure on Contractual Obligations. For failure of the
customer to fulfill his contractual obligations for servce
or facilties subject to regulation by the Commission.
Refusal of Access. For failure of the customer to permt
the Company to have reasonable access to its equipment
and property.
Failure to meet the Company's deposit and credit
requirements.
For non-payment of a bil for servce, 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 servce is denied.
Issued: August 16,2010
Issued By:
Effective: August 27,2010
Idaho Publie Utiities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.D.C. Tarff No. 2
Original Page 32
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Cont'd.)
2.12 Disconnection and Termination of Servce, (Cont'd.)
2.12.2 Disconnection of Servce Requiring Notice, (Cont'd.)
2.12.2.1 (Cont'd.)
2.12.2.l.F Failure to Comply with Servce Conditions.
For failure of the customer to fuish the servce
equipment, permits, certificates, or rights-of-way,
specified by the Company as a condition to obtaig
servce, or if the equipment or permssions are
withdrawn or terminated.
2.12.2.l.G Failure to Comply with Municipal Ordinances. For
failure to comply with muncipal ordinances or other
laws pertaining to telephone servce.
2.13 Unlawful Use of Servce
2.13.1 Servce 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 governental approvals, authoriations,
licenses, consents, and permts. The Company shall refuse to fush servce to an
applicant or shall disconnect the servce without notice of a customer when:
2.13.1.1 An order shall be issued, signed by a judge findig that probable cause
exists to believe that the use made or to be made of the servce is
prohibited by law, or
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 33
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.13 Unlawful Use of Servce, (Cont'd.)
2.13.1 (Contd.)
2.13.1.2 The Company is notified in writing by a law enforcement agency acting
withi its jursdiction that any facilty fushed by the Company is being
used or wil 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 servce has been physically disconnected by law enforcement officials at the customer's
premises and if there is not presented to the Company the written findig of a judge, then
upon written or verbal request of the subscriber, and agreement to pay restoral of servce
charges and other applicable servce charges, the Company shall promptly restore such
servce.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.D.C. Tarff No. 2
Original Page 34
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.14 Intenerence With or Impairment of Servce
Service shall not be used in any maner that interferes with other persons in the use of their
servce, prevents other persons from using their servce, or otherwise impair the quality of
service to other customers. The Company may require a customer to immediately shut down its
transmission of signals if said trasmission is causing interference to others or impairig the
service of others.
2.15 Telephone Solicitation by Use of Recorded Messages
2.15.1 Servce shall not be used for the purose of solicitation by recorded messages when such
solicitation occurs as a result of unequested or unolicited calls initiated by the solicitor
by means of automatic dialing devices. Such devices, with storage capabilty of numbers
to be called or a radom or sequential number generator that produces numbers to be
called and having the capability, workig alone or in conjunction with other equipment,
of dissemiating a prerecorded message to the number called and which are callng pary
or called par controlled, are expressly prohibited.
2.16 Incomplete Calls
2.16.1 There shall be no charge for incomplete calls. No charge wil be levied for unanswered
calls. Customers wil 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 customer has been overcharged by the Company, the amount shall be refuded or
credited to the customer, with interest paid, with thee (3) year or as specified in the
customer servce agreement.
2.18 Notices
2.18.1 Any notice required or permitted to be given under this tarff, including proposed changes
in rates, shall be in writing and delivered by hand, mail, national overnght courer
servce or by fax if confired 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: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: i\ugust 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FI LING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tariff No. 2
Original Page 35
LOCAL EXCHAGE SERVICES TARF
SECTION 2 - RULES AN REGULATIONS, (Contd.)
2.19 Emergency Callng
Access to 911 and E911 servce is offered solely as an aid in handling assistance calls in
connection with fire, police, medical, and other emergencies.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
400 1 Weston Parkway
Cary, North Carolina 27513
Effective: Plugust 27,2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.D.C. Tarff No. 2
Original Page 36
LOCAL EXCHAGE SERVICES TARF
SECTION 3 - DESCRITION OF SERVICES
3.1 Promotional Offerings
3.1.1 The Company wil provide notification to the Commssion of its intent to offer
promotional services and rates. The Company may offer existing servces on a
promotional basis, that provides special rates, terms, or conditions of servce. The
Company wil notify the Commssion at least ten (10) days in advance of the star of any
promotional offerigs,
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arrangements (CSP/SPA)
3.2.1 CSP/SPAs are made in response to the specific, individua requirements for the
customers and/or a competitive bidding process. A CSP/SPAdiffers from the Company's
standard or general tarffed offerigs in that it contais a customer servce arangement
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 tarff as ICB. The Company may
or may not have an equivalent servce in its the taff on fie with the Commssion, and
the quoted ICB rates may be different than the tarffed rates. An ICB must be provided
under contract to a customer and the contrct fied (can be under seal) with the
Commssion. All customers have non-discriatory access to requesting the servce
under an ICB rate.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 37
LOCAL EXCHAGE SERVICES TARF
SECTION 3 - DESCRITION OF SERVICES, (Contd.)
3.4 Local Exchange Servce
3.4.1 Local Exchange Service is telephone servce that entitles the customer to originate local
calls, without toll charges, to all local exchange access lines connected to a Central Office
(CO) of the exchange, or to all exchange access lines served by COs of the extended local
servce area where comprised of more than one exchange. Servce wil be provided where
facilties are available from the Local Exchange Company (LEC). Bandwidth.com offers
Qwest Local Exchange Servces under resale, and hereby adopts the same local callig
areas as defined in their Exchange and Network Services Tarff.
3.4.2 Servce is classified as business serce and business rates apply when any of the
following conditions exist:
When the servce is fushed at a location where a business, trade or practice is
performed and where the use of the location is not confined priarly to domestic
activities.
Service is provided for social clubs (i.e. Elks, VFW, Eagles, etc.).
When the directory listing is a business listing, except when a residence
telephone number is listed as an alternate call number in connection with a
subscription to business local exchange servce.
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Cary, North Carolina 27513
Eff9Sà~~ep~Y~tihli1'¿ß~9ssion
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Issued: August 16,2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Origial Page 38
LOCAL EXCHAGE SERVICES TARF
SECTION 3 - DESCRITION OF SERVICES, (Contd.)
3.5 Directory Assistance
3.5.1 General
Directory Assistance (DA) is defined as fushing aid in obtaining telephone numbers.
The Directory Assistance operator wil not trsfer, forward or redial a customer's call to
any other location for any purpose, The servce is fuished subject to the condition that
there wil be no abuse or fraudulent use of the servce. Abuse or fraudulent use of the
servce includes the obtaing, or attempting to obtain, or assisting another to obtain or to
attempt to obtain Directory Assistance servce, by rearging, tampering with, or mag
connection with any facilties of the Company, or by any trck, scheme, false
representation, or false credt device, or by or through any other frudulent means or
device whatsoever, with attempt to avoid payment, in whole or in par, of the regular
charge for such servce. In addition to any other action authorized by this Tarff, the
Company may, in such cases of. abuse or fraudulent use, assess appropriate Directory
Assistance charges on the Customer's telephone account.
3.5.2 Directory Assistance Call Alowance
Customers are allowed one (l) diectly dialed Directory Assistance calls per month at no
charge.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolin 27513
Effective: August 27,2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 39
LOCAL EXCHAGE SERVICES TARF
SECTION 4 - RATES AND CHAGES
4.1 Calculation of Rates
4.1.1 The chargeable time for a local toll call as described in Sections 3.5 and 4.3 is determed
by the durtion of the calL. Chargeable time begins when connection is established
between the callig station and the called station. Chargeable time ends when the callng
station hangs up. If the called station hangs up, but the calling 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 mimum for
interLATA intrastate toll calls and a twenty-four (24) second minum 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.
Rate Periods From To but not Days
Including
Day 8:00 a.m.5:00p.m.Monday-Friday
Evenigs 5:00p.m.11:00 p.m. Monday-Friday
Ni,gts/W eekends 11:00 p.m. 8:00 a.m.Monday-Friday
Nights/W eekends 11:00 p.m. 8:00a.m.Satuday-Sunday
The Company charges weekend rates on the following Federal holidays: New Year's
Day, President's Day, Independence Day, Labor Day, Thansgiving Day, and Chrstmas
Day.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.D.C. Tarff No. 2
Original Page 40
LOCAL EXCHAGE SERVICES TARF
SECTION 4 - RATES AN CHAGES, (Cont'd.)
4.2 Local Exchange Servce
4.2.1 Business Servce
First Measured Business
Line or Tru
Monthly Rate
Nonrecurg
Charge
$19.22 $49.571
Additional Measured Business
Line or Tru $19.22 $27.492
Changes, Servce Restoration
To change class, typ or grade of
Servce (per line or tru)$49.57
To restore servce that has been
temporarly disconnected by the
Company (per line or tru, per order) $49.57
1 Service Order for First Measured Business Line
2 Additional Lines on the SAME servce order
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utiities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tariff No. 2
Original Page 41
LOCAL EXCHAGE SERVICES TARF
SECTION 4 - RATES AN CHAGES, (Contd.)
4.2 Local Exchange Servce, (Cont'd.)
4.2.1 Business Servce, (Cont'd.)
Local Usage Rates3
Day Rate Evening Rate Night & Weekend
First Minute $0.040 $0.0.28 $0.016
Additional $0.010 $0.0700 $0.004
3 Local usage rates apply per defintion of Local Exchange Service contained in§ 3.41.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolia 27513
Effective: August 27, 2010
Idaho Publie Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 '7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.D.C. Tariff No. 2
Origial Page 42
LOCAL EXCHAGE SERVICES TARF
SECTION 4 - RATES AN CHAGES, (Cont'd.)
4.3 Directory Assistance Servce
Per Inquir:$1.50
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utiities Commission
Offce of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 43
LOCAL EXCHAGE SERVICES TARF
SECTION 5 - INTRATAIERLATA TOLL PRE SUBSCRITION
5.1 General
IntraLATA/InterLATA toll presubscription is a procedure whereby an end user may select and
designate an IntraLATA and/or InterLATA Toll Provider ("IT") to access IntraLATA and/or
InterLATA toll calls in Idao without dialing an access code. The end user may designte an ITP
for IntraLATA toll, a different carer for InterLATA toll, or the sae carer for both. Ths ITP is
referred to as the end user preferred IntraLATA/terLATA toll provider.
Selection of an ITP by an end user is subject to the terms and conditions in Section 5.2.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tarff No. 2
Original Page 44
LOCAL EXCHAGE SERV~ES TARF
SECTION 5 - INTRAATA/TERLATA TOLL PRESUBSCRITION, (Cont'd.)
5.2 Presubscription Charge Application
5.2.1 Initial Free Presubscription Choice for Customers
New end user customers (including an existing customer who orders an additional line)
who subscribe to local servce wil be asked to select a priar ITP when they place an
order for Company Exchange Servce. If a customer cannot decide upon either an
IntraLATA and/or an InterLATA toll carer at the time, the customer wil have thi
days following completion of the servce request to make an IntraLATA and/or an
InterLATA PiC choice withot charge. In the interi, the customer wil be assigned a
"No-PIC" and will have to dial an access code to make IntraLATA and/or InterLATA toll
calls. The free selection period available to new end users is the thiry day period
following installation of servce.
Initial free selections available to end users are:
1. Designating an ITP as their primary carer, thereby requirg no access code to
access that ITP's servce. Other carers are accessed by dialing 101-XXXX or
other required codes.
2. Choosing no carer as a priar carer, thus requirg 1OL-XX code dialing
to access all ITPs. This choice can be made by directly contacting the Company.
Issued: August 16, 2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: J\ugust 27, 2010
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.D.C. Tarff No. 2
Original Page 45
LOCAL EXCHAGE SERVICES TARF
SECTION 5 - INTRAATAITERLATA TOLL PRESUBSCRITION, (Cont'd.)
5.3 End User/Pay Telephone Servce Provider Charge Discrepancy ("Anti- Slamming
Measure")
5.3.1 Verification of Orders for Telemarketing
No ITP change order shall be generated by outbound telemarketing unless, and until, the
order has first been conformed in accordance with the following procedures:
5.3.1.1 The ITP has obtaied the customer's written authorization to submit the order
that explais what occurs when a PIC is changed and confirs:
5.3.1.1.A The customer's biling name and address and each telephone
number to be covered by the PIC change order;
5.3.1.1.B The decision to change the PIC to the ITP; and
5.3.1.1.C The customer's understandig of the PIC change fee; or
5.3.1.2 The ITP has obtained the customer's electronic authorization, placed from the
telephone number(s) on which the PIC is to be changed, to submit the order that
confis the information described in 5.3.2.1 preceding to confirm the
authorization; or
5.3.1.3 An appropriately qualified and independent thid part operating in a location
physically separate from the outbound telemarketing representative has obtained
the customer's oral authoriation to submit the PIC change order that confrm
and includes appropriate verification date (e.g., the customer's date of birh or
social securty number).
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010 .,
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidthcom CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tariff No. 2
Original Page 46
LOCAL EXCHAGE SERVICES TARF
SECTION 5 - INTRATA/TERLATA TOLL PRE SUBSCRITION, (Cont'd.)
5.3 End UserlPay Telephone Servce Provider Charge Discrepancy ("Anti-Slamming
Measure"), (Contd.)
5.3.2 The Company will follow the Federal Communcations Commssion and the
Commssion's regulations regarding slaming. The Company wil not impose a penalty
or charge for unauthoried IntraLATA and/or InterLATA toll provider changes in Idao.
5.3.3 The customer owns the exclusive right to select the PIC of their choice, and may choose
to migrate from one carer to another at any time. The Company will only accept a
request to change an ITP from the customer.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Cary, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commission
Offce of the Seeretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tarff No. 2
Original Page 47
LOCAL EXCHAGE SERVICES TARF
SECTION 6 - MISCELLANEOUS SERVICES AND CHAGES
6.1 Idaho USF Surcharge
A surcharge is assessed on all access lines to contribute towards fuding for an Idaho Universal
Servce Fund. The surcharge rate is established by the Commssion and wil be assessed to each
business and residential line. Monthly Surcharge: $0.003
6.2 Telecommunications Servce Assistance Program ("ITSAP")
ITSAP consists of two progrms, Lifeline and Linp, that were developed to provide discounted
rates for telephone servce to low income customers, thus promoting universal servce. The
programs are jointly sponsored (federal and state) telephone assistance programs designed to
maximize federal contrbutions to Idaho's low-income customers. The programs provide
reductions in monthly rates for single line telephone service and/or reductions in one-time costs
for installation of telephone servce for qualifyg customers. The progr is administered by the
Deparment of Health and Welfare in accordace with Idao Code, § 56-901.
6.2.1 Eligibilty - To be eligible for ITSAP, the partcipant must:
(a) Apply through the Deparment of Health and Welfare,
(b) Be head of household,
(c) Have a total gross income at or below 133% of the Office of Mangement and
Budgets (OMB) Poverty guidelines.
6.2.2 Residents of Tribal Lands may be eligible for additional federal assistance if the
individual paricipates in one of the following federal assistance programs:
(a) Bureau of Indian Affairs general assistace;
(b) Tribally administered Tempora Assistance for Needy Families;
(c) Head Sta (only those meeting its income qualifyng standard);
(d) National School Lunch Program's free lunch program.
6.2.2.1 Eligibility and qualification determations wil be performed accordig to the
telecommunication provider's federal tarff and/or 47 C.F.R. Part 54.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Officer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Publie Utilities Commission
Office of the Secretary
ACCEPTED FOR FlUNG
AUG 2 7 2010
Boise. Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idao P.U.C. Tariff No. 2
Original Page 48
LOCAL EXCHAGE SERVICES TARF
SECTION 6 - MISCELLANEOUS SERVICES AN CHAGES, (Contd.)
6.2 Telecommunications Servce Assistance Program ("IT SAP") (Contd.)
6.2.3 Each eligible paricipating resident of Tribal Lands must provide to its local servce
provider a signed document certifyg under penalty of peijur that the customer receives
benefits from at least one of the programs mentioned.
6.2.4 Lifeline Discounts - applied to tarffed monthly recurg rates and charges for qualifying
residential customers. Monthly discount wil not exceed the rate charged for the grde of
subscribed residential basic local exchange servce.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilties Commission
Office of the Secretary
ACCEPTED FOR FILING
AUG 2 7 2010
Boise, Idaho
Bandwidth.com CLEC, LLC
d//a Bandwidth.com
Idaho P.U.C. Tariff No. 2
Original Page 49
LOCAL EXCHAGE SERVICES TARF
SECTION 6 - MISCELLANOUS SERVICES AND CHAGES, (Contd.)
6.2 Telecommunications Servce Assistance Program ("ITSAP") (Contd.)
6.2.6 Rules
6.2.6.1 Applies to Telecommunication servce at the principal residence of the eligible
subscriber/head of household.
6.2.6.2 A household is either an individual living alone or a group of individuals livig
together in common living quarers and facilities under such domestic
arangements and circumstances as to create a single establishment.
6.2.6.3 The eligible paricipant can receive assistance with telephone service installation
costs only once at a residential address. However, if the paricipant moves to a
new address, meets the eligibilty criteria and is in good standing with the
telephone service provider, there is no limt to the number of times the paricipant
may receive assistace with telephone costs.
6.2.6.4 Nonrecurg charges to change to or from this program because of change in
eligibility status wil be waived
6.2.6.5 Lifeline servce is not available for foreign exchange servce. Only one line per
household wil qualify for ITSAP discounts.
6.2.6.6 Customers paricipating in either of these assistance programs must notify the
company of any changes that would affect quaification. Verification of
eligibility wil be established by the Deparment of Health and Welfare and wil
be reviewed annually.
6.2.6.7 When the customer is no longer eligible, the discount wil be discontinued and
regular tarff rates and charges wil apply.
Issued: August 16,2010
Issued By:Jonathan S. Mitchell, Chief Executive Offcer
4001 Weston Parkway
Car, North Carolina 27513
Effective: August 27, 2010
Idaho Public Utilities Commìssìon
Office of the Secretary
ACCEPTED FOR FlUNG
AUG 2 7 2010
Bo ld