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HomeMy WebLinkAboutCharter Fiberlink ID-CCVII LLC.pdfInterexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Title Sheet Charter Fiberlink ID - CCVlI, LLC 12405 POWERSCOURT DRIVE ST. LOllS, MISSOURI 63131-3674 INTEREXCHANGE TELECOMMUNICATIONS SERVICES TARIFF This tariff contains the description, regulations and rates for the furnishing of services and facilities for telecommunications services provided by Charter Fiberlink ID - CCVII, LLC with principal offices at 12405 Powerscourt Drive, St. Louis, Missouri 63131-3674. This tariff applies for service furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission and copies may be inspected during normal business hours. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. CHECK SHEET The sheets listed below, which are 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 ofthe date indicated below. Sheet Revision Sheet Revision Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original * New/Revised this issue Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powers court Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOF? FiLING MAR 2 5 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. TABLE OF CONTENTS CHECK SHEET .......................................................................................................................................... SYMBOLS """""""""""""""""""""""""""""........................................................................................ TARIFF FORMAT...................................................................................................................................... APPLICATION OF TARIFF """"""""""""""""""""""""""'"............................................................... SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS .............................................................. 8 1 Definitions......................................................................................................................... Abbreviations ................................................................................................................. 10 SECTION 2 - RULES AND REGULATIONS.. ....................................................................................... 11 Undertaking of the Company .......................................................................................... 11 Limitations of Service ..................................................................................................... 2.3 Limitations of Liability ................................................................................................... 12 2.4 Responsibilities of the Customer..................................................................................... Allowances for Interruptions in Service.......................................................................... 17 Termination of Service................................................. ................................................... Payment of Charges........................................ ................................................................. 20 8 Deposits........................................................................................................................... Advance Payments .......................................................................................................... 10 Contested Charges........................................................................................................... 21 11 Taxes ............................................................................................................................... 12 Contract Service Arrangements....................................................................................... 22 13 Special Construction....................................................................................................... 22 SECTION 3 - DESCRIPTION OF SERVICE .......................................................................................... 24 Timing of Calls........................................................................ ........................................ 24 Start of Billing................................................................................................................. 24 3.3 3.4 Calculation of Distance ................................................................................................... Minimum Call Completion Rate ..................................................................................... 25 Service Offerings............................................................................................................ 26 Miscellaneous Services """"""""""""""""""""""""""""'"........................................ Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Pl!blic Utilities Commission Office of the. SecretaryCCEPTED FOR FILING MAR 25 2004 Bol;;c. Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. TABLE OF CONTENTS (Cont' SECTION 4 - RATES AND CHARGES .................................................................................................. 27 Leased Line Service ........................................................................................................ 27 Promotions ...................................................................................................................... 4.3 Bad Check Charge........................................................................................................... Order Charge .................................................................................................................. 28 Reconnect Charge............................................................................................................ Issued: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Effective: Idaho Public Utilities Commission Office of tile Secretarv ACCEPTED FOR FlUNG MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. SYMBOLS The following are the only symbols used for the purposes indicated below: (D) (I) (M) (N) (R) (T) Delete or Discontinue Change Resulting in an Increase to a Customer s Bill Moved from Another Tariff Location New Change Resulting in a Reduction to a Customer s Bill Change in Text or Regulation but no Change in Rate or Charge Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiUNG MAR 2 5 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. TARIFF FORMAT Sheet Numbering - Page numbers appear in the upper right comer of the sheet. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between existing pages with whole numbers, a decimal is added. For example, a new page added between pages 34 and 35 would be page 34. Sheet Revision Numbering - Revision numbers also appear in the upper right comer of the page. These numbers are used to determine the most current page version on file with the Commission. For example, 4th Revised Page 34 cancels the 3rd Revised Page 34. Consult the check sheet for the page currently in effect. Paragraph Numbering Sequence - There are nine levels of paragraph coding. coding is subservient to its next higher level: Each level 2.1 1.1 1.1.A 2. 1. LA. 1. (a) A.l.(a).I 2. 1. LA. 1.(a).I.(i) 1.1.A.l.(a).I.(i).(1 ) Check Sheet - When a tariff is filed with the Commission, an updated check sheet accompanies the tariff filing. The check sheet lists the tariff pages, with a cross reference to the current revision number. When new sheets are added, the check sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this sheet if these are the only changes made. 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:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho P~blic Utilities Ccmrnission Ofilce of the S8crehryACCEPTED FOR F1UNG MAR 25 2004 Boise, Idaho - .----..- Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. APPLICATION OF TARIFF This tariff sets forth the service offerings, rates and terms and conditions of service applicable to the furnishing of intrastate interexchange telecommunications services by Charter Fiberlink ID - CCVII, LLC Company ) to Customers within the State ofIdaho. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idilho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS 1.1 Definitions Busy Hour - The two consecutive half hours during which the greatest volume of traffic is handled. Call - A completed connection between the Calling and Called parties. Calling Station - The telephone number from which a Call originates. Called Station - The telephone number called. Carrier Customer - A carrier that orders exchange access or retail services from the Company. Commission - The Idaho Public Utilities Commission. Company or Carrier - Charter Fiberlink ID - CCVII, LLC, unless specifically stated otherwise. Customer - A person, firm, corporation, partnership or other entity, in whose name the telephone number of the Calling Station is registered with the underlying local exchange company. The Customer is responsible for payment of charges to the Company and compliance with all terms and conditions of this tariff. Day - The period of time from 8:00 a.m. to (but not including) 5:00 p., Monday through Friday, as measured by local time at the location from which the Call is originated. Disconnect - To render inoperable or to disable circuitry thus preventing outgoing and incoming communications service. DSI - Digital Signal, level 1. Capable of transmitting data at 1.544 Mbps. DS3 - Digital Signal, level 3. Capable of transmitting data at 44.736 Mbps. Evening - The period of time from 5:00 p.m. to (but not including) 11:00 p., Sunday through Friday and any time during a Holiday, as measured by local time at the location from which the Call is originated. Gbps - One thousand million bits per second. Incomplete - Any Call where voice transmission between the Calling and Called station is not established. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 I~aho Public Utilities Commission Office of the SHcretary ACCEPTED FOR FiliNG MAR 25 2004 . . ' Boise. Idaho -.. Interexchange Telecommunications ServicesCharter Fiberlink ID - CCVII LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS (Cont'd) 1.1 Definitions (Cont' Holiday - For the purposes of this tariff recognized holidays are New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Mbps - One million bits per second. Message - A completed telephone call by a Customer or User. Normal Business Hours - The hours of 8:00 m. to 5:00 , Monday through Friday, excluding holidays. OC3 - Optical Carrier, level 3. A SONET channel capable of transmitting data at 155.52 Mbps. OC12 - Optical Carrier, level 12. A SONET channel capable of transmitting data at 622. Mbps. OC48 - Optical Carrier, level 48. A SONET channel capable of transmitting data at 2.488 Gbps. Premises - The space occupied by an individual Customer in a building, in adjoining buildings occupied entirely by that Customer, or on contiguous property occupied by the Customer separated only by a public thoroughfare, a railroad right of way, or a natural barrier. Rate - Money, charge, fee or other recurring assessment billed to Customers for services or equipment. State - Idaho. Terminal Equipment - Telephone instruments, including pay telephone equipment, the common equipment of large and small key and PBX systems and other devices and apparatus, and associated wiring, which are intended to be connected electrically, acoustically, or inductively to the telecommunication system. User or End User - Customer or any authorized person or entity that utilizes the Company servIces. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Pubiic Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 10 SECTION 1- TECHNICAL TERMS AND ABBREVIATIONS (Cont'd) 1.2 Abbreviations CLEC - Competitive Local Exchange Carrier CO - Central Office CPE - Customer Premises Equipment DS1 - Digital Signal, Levell DS3 - Digital Signal, Level 3 ILEC - Incumbent Local Exchange Carrier NPA - Numbering Plan Area (Area Code) OC3 - Optical Carrier, Level 3 OC12 - Optical Carrier, Level 12 OC48 - Optical Carrier, Level 48 PBX - Private Branch Exchange PIC - Primary or Preferred Interexchange Carrier POP - Point of Presence V &H - Vertical and Horizontal Coordinates Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission OffIce of the Secretary ACCEPTED FOR FILING I~AR 2 5 2004 BOIS8, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 11 SECTION 2 - RULES AND REGULATIONS Undertakinf! ofthe Company 1.1 1.2 1.3 The Company provides telecommunications services to business and carrier Customers. The Company installs, operates and maintains the communications services provided herein in accordance with the terms and conditions set forth in this tariff. When authorized by the Customer, the Company may act as the Customer s agent for ordering access connection facilities provided by other carriers or entities 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 arrangements. The Company s services are provided on a monthly basis, unless otherwise stated in this tariff. Services are available twenty-four (24) hours per day, seven (7) days per week. Limitations of Service 2.2.2 2.2.3 2.2.4 Service is offered subject to the availability of facilities and provisions of this tariff. Service is furnished to the User for any lawful purpose. Service shall not be used for any unlawful purpose, nor used in such a manner as to interfere unreasonably with the use of service by any other Users. The use of the Company s services without payment for service or attempting to avoid payment for service by fraudulent means or devices, false or invalid numbers, or false calling or credit cards is prohibited. The Company s services may be denied for nonpayment of charges or for other violations of the terms and conditions set forth in this tariff. The use of the Company s services to make Calls which might reasonably be expected to frighten, abuse, torment, or harass another is prohibited. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the SecretaryACCEPTED FOR FiUNG MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink OK - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 12 SECTION 2 - RULES AND REGULATIONS (Cont' Limitations of Service (Cont' d) 2.28 2.29 Service temporarily may be refused or limited because of system capacity limitations. Service is subject to transmission limitations caused by natural (including atmospheric geographic or topographic) or artificial conditions adversely affecting transmission. Service to any or all Customers may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and similar activities necessary for proper or improved operations. The Company reserves the right to discontinue furnishing service where the Customer is using the service in violation ofthe law or the provisions of this tariff. Limitations of Liabilitv 2.3.1 2.3 .2 2.3.3 Because the Company has no control of communications content transmitted over its system, and because of the possibility of errors incident to the provision and use of its service, service furnished by the Company is subject to the terms, conditions and limitations herein specified. The Company is not liable to Users for interruptions in service except as set forth in Section 2.5 ofthis tariff. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited, unless otherwise ordered by the Commission, to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Uti!itiss Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 13 SECTION 2 - RULES AND REGULATIONS (Cont'd) Limitations of Liabilitv (Cont' d) 2.3.4 . The Company shall not be liable for and the User shall indemnify and hold the Company hanDless against any claims for loss or damages involving: 3.4. 2.3.4. 2.3.4. 3.4.D 2.3.4. 3.4. 2.3.4. Any act or omission of: (i) the User; or (ii) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; Interruptions or delays in transmission, or errors or defects in transmission or failure to transmit when caused by or as a result of acts of God, fire, flood or other catastrophes, war, riots, national emergencies, government or military authorities, strikes, lock-outs, work stoppages or other labor difficulties, or causes beyond the Company s control; Any unlawful or unauthorized use ofthe Company s facilities and services; Libel, slander or infringement of copyright arising directly or indirectly from content transmitted over facilities provided by the Company; Infringement of patents arising from combining apparatus and systems of the User with facilities provided by the Company; Claims arising out of any act or omission of the User in connection with service provided by the Company. Breach in the privacy or security of communications transmitted over the Company s facilities; Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho P~blic ,Utilities Commission Office or the Secretary ACCEPTED FOH FILING MAR 2 5 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 14 SECTION 2 - RULES AND REGULATIONS (Cont'd) Limitations of Liabilitv (Cont' d) 2.3.4 (Cont' 2.3.4. 2.3 .4.1 2.3.4.1 2.3.4.K 2.3 .4. 2.3. Changes in any of the facilities, operations or procedures of the Company that: (1) render any equipment, facilities or services provided or utilized by the User obsolete; (2) require modification or alteration of such equipment facilities or services; or (3) otherwise affect use or performance of such equipment, facilities or services except where reasonable notice is required by the Company and is not provided to the Customer. Defacement of or damage to the Customer s Premises or personal property resulting from the furnishing of services or equipment on such Premises or the installation or removal thereof, unless such defacement is caused by negligence or the willful misconduct of the Company s agents or employees. Any wrongful act of a Company employee where such act is not authorized by the Company and is not within the scope of the employee responsibilities for the Company; Any noncompleted calls due to network busy conditions; and Any calls not actually attempted to be completed during any period that service is unavailable. The User shall reimburse the Company for all costs, expenses and fees (including reasonable attorneys' fees and costs) incurred by the Company in its defense against claims set forth in Section 2.3.4. The Company assumes no responsibility for the availability or performance of any facilities under the control of other entities that are used to provide service to the User even if the Company has acted as the User s agent in arranging for such facilities or servIces. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiLING MAR 2 5 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 15 SECTION 2 - RULES AND REGULATIONS (Cont' Limitations of Liability (Cont'd) 2.3. 2.3. 2.3. Any claim against the Company shall be deemed waived unless presented in writing to the Company within thirty (30) days after the date of the occurrence that gave rise to the claim. With respect to the services provided pursuant to this tariff, the Company makes no representations or warranties, express or implied, either in fact or by operation of law statutory or otherwise, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except those expressly set forth in this tariff. The Company does not authorize anyone to make a warranty or representation of any kind on its behalf and the User should not rely on any such statement. Any liability of the Company for loss or damages arising out of mistakes, omissions interruptions, delays, errors or defects in the service, the transmission of the service, or failures or defects in facilities furnished by the Company, occurring in the course of furnishing service shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the Customer for service, during the period of time in which such mistakes, omissions, interruptions, delays, errors or defects in the service, its transmission or failure or defect in facilities furnished by the Company occurred. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court' responsibility to determine the validity ofthe exculpatory clause. Responsibilities of the Customer 2.4.The Customer is responsible for placing any necessary orders, complying with tariff regulations and ensuring that Users comply with tariff regulations. The Customer shall ensure compliance with any applicable laws, regulations, orders or other requirements of any governmental entity relating to services provided by the Company to the Customer or made available by the Customer to another User. The Customer also is responsible for the payment of charges for all Calls originated at the Customer s numbers which are not collect, third party, calling card, or credit card Calls. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 IdiJho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 16 SECTION 2 - RULES AND REGULATIONS (Cont'd) Responsibilities of the Customer (Cont' 2.4.2 2.4.3 2.4.4 2.4. 2.4. 2.4. The Customer is responsible for charges incurred for special construction and/or special facilities which the Customer requests and which are ordered by the Company on the Customer s behalf. If required for the provisioning of the Company s services, the Customer must provide the Company, free of charge, with any necessary equipment space, supporting structure conduit and electrical power. The Customer is responsible for arranging access to its Premises at times mutually agreeable to the Company and the Customer when required for Company personnel to install, repair, maintain, program, inspect or remove equipment associated with the provision of the Company s services. The Customer must pay the Company for replacement or repair of damage to the Company s equipment or facilities caused by negligent or improper use on the part of the Customer, Users, or others. The Customer must indemnify the Company for the theft of any Company equipment or facilities installed at the Customer s Premises. The Customer agrees, except where the events, incidents or eventualities set forth in this sentence are the result of the Company s gross negligence or willful misconduct, to release, indemnify and hold harmless the Company against any and all loss, claims demands, suits or other action or any liability whatsoever, whether suffered, 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, or for any loss of or damage to any property, whether owned by the Customer or others. The Customer shall reimburse the Company for all costs, expenses and fees (including reasonable attorneys' fees and costs) incurred by the Company in its defense against such actions. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. Original Sheet No. 17 SECTION 2 - RULES AND REGULATIONS (Cont'd) Allowances for Interruptions in Service 5.1 5.2 General 1.A 1.B 1.C A service is interrupted when it becomes unusable to the User the User is unable to transmit or receive communications due to the failure of a component furnished by the Company under this tariff. An interruption period begins when the User reports a service, facility or circuit to be inoperative and releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. If the User reports a service, facility or circuit to be inoperative but declines release it for testing and repair, the service, facility or circuit is considered be impaired but not interrupted. No credit allowances will be made for a service facility or circuit considered by the Company to be impaired. Application of Credits for Interrupted Services 5.2. 5.2. 5.2. At the Customer s request, a credit allowance for a continuous interruption of service for more than twenty-four (24) hours will be made in an amount to be determined by the Company on a case-by-case basis. Any such interruption will be measured from the time it is reported to detected by the Company, whichever occurs first. In the event the User is affected by such interruption for a period of less than twenty-four (24) hours no adjustment will be made. No adjustments will be earned by accumulating non-continuous periods of interruption. When an interruption exceeds twenty-four (24) hours, the length of the interruption will be measured in twenty-four (24) hour days. A traction of a day consisting of less than twelve (12) hours will not be credited and a period of twelve (12) hours or more will be considered an additional day. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 2 5 2004 Boise, iU;jilO Interexchange Telecommunications Services Charter Fiberlink lD - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 18 SECTION 2 - RULES AND REGULATIONS (Cont' Allowances for Interruptions in Service (Cont' 5.3 Limitations on Allowances 5.3.No credit allowance will be made for any interruption of service: 5.3.A.1 5.3. A.3 5.3.A.4 5.3. 5.3.A.6 5.3.A.7 5.3. due to the negligence of, or noncompliance with the provisions of this tariff by, any person or entity other than the Company, including but not limited to the Customer or other entities or carriers connected to the service of the Company; due to the failure of power, equipment, systems or services not provided by the Company; due to circumstances or causes beyond the control of the Company; during any period in which the Company is not given full and free access to the Customer s or Company facilities and equipment for the purpose of investigating and correcting the interruption; during any period in which the User continues to use the service on an impaired basis; during any period in which the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; that occurs or continues due to the Customer s failure to authorize replacement of any element of special construction; and that was not reported to the Company within thirty (30) days of the date that service was affected. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho f.ublic ,Utilities Commission uf. ice or the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 19 SECTION 2 - RULES AND REGULATIONS (Cont'd) Termination of Service A Customer may terminate service, with or without cause, by giving the Company notice either verbally or in writing. If the Company has a term contract, early termination charges may apply. The Company may terminate service with cause by giving the Customer five (5) business days' written notice. The Company may terminate service without notice in the event of the Customer maintaining and/or operating its own equipment in a manner that may cause imminent harm to the Company s equipment. 6.2 The Customer is responsible for all charges incurred to the Calling Station regardless of which party terminates the service. The Customer shall reimburse the Company for all costs, expenses and fees incurred by the Company in collecting such charges. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiUNG MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 20 SECTION 2 - RULES AND REGULATIONS (Cont'd) Payment of Chare:es 7.2 7.3 7.4 Deposits The Customer is responsible for payment of all charges for service furnished to the User. The Company reserves the right to assess late payment charges for Customers whose account(s) carries principal owing from the prior billing period. Any charges not paid in full by the due date indicated on the billing statement may be subject to a late fee of 1.5% per month. Recurring monthly charges may be invoiced one month in advance. Invoicing cycles are approximately 30 days in length. Customers must notify the Company either verbally or in writing of any disputed charges within thirty (30) days of the billing date, otherwise all charges on the invoice will be deemed accepted. All charges remain due and payable at the due date, although a Customer is not required to pay disputed charges while the Company conducts its investigation into the matter. The Company may, in some instances, require deposits from Customers. Any such cash deposit received by the Company will bear simple interest in accordance with the requirements of Commission Rule 106. Deposits will not exceed two and a half times (2.5x) the estimated monthly charge for service. Advance Payments The Company may require advance payments from Customers for the following services: (1) (2) The construction of facilities and furnishing of special equipment; or Temporary service for short-term use. In connection with these services, advance payments will be collected in lieu of, and not in addition to, any deposit required under Section 2.8 of this Tariff. Unlike deposits collected pursuant to Section 2.8 of this Tariff, any advance payment collected pursuant to this Section 2. will not accrue interest. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 21 SECTION 2 - RULES AND REGULATIONS (Cont' Contested Chare:es All bills are presumed accurate, and shall be binding on the Customer unless objection is received by the Company no more than thirty (30) days after such bills are rendered. In the event that a billing dispute between the Customer and the Company for service furnished to the Customer cannot be settled with mutual satisfaction, the Customer may take the following course of action: 10.1 First, the Customer may request, and the Company will provide, an in-depth review of the disputed amount. (The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection. 10.2 Second, if there is still a disagreement about the disputed amount after investigation and review by the Company, the Customer may file an appropriate complaint with the Idaho Public Utilities Commission. The address of the Commission is: Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Taxes State and local sales, use and similar taxes or regulatory fees and assessments are billed as separate items and are not included in the quoted rates for service. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idilho Public Uti!ities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Bci~e, Id2hl) Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 22 SECTION 2 - RULES AND REGULATIONS (Cont' Contract Service Arraneements At the option of the Company, services may be offered on a contract basis to meet specialized requirements of the Customer not contemplated in this tariff. The terms of each contract shall be mutually agreed upon between the Customer and the Company and may include discounts off of rates contained herein, waiver of recurring or nonrecurring charges, charges for specially designed and constructed services not contained in the Company s general service offerings, or other customized features. The terms of the contract may be based partially or completely on the term and volume commitment, type of originating or terminating access, mixture of services or other distinguishing features. Special Construction At its option, the Company may provide Customers, upon request, special construction of facilities or services on an individual case basis ("ICB") at rates other than as set forth herein. Special construction or ICB is construction undertaken: 13 .1 where facilities are not presently available, and there is no other provision hereunder for the facilities to be constructed; 13.where facilities other than those which the Company provides are requested by the Customer; Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACC ~PTCT) . ~ D. 1::ING~-, ,L '-', r, I '- MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 23 SECTION 2 - RULES AND REGULATIONS (Cont'd) Special Construction (Cont'd) 13.3 13.4 13. 13. where facilities are requested by the Customer over a route other than that which the Company serves; when services are requested in a quantity greater than that which the Company would normally provide to a Customer; when services are requested by a Customer on an expedited basis; when services or facilities are requested on a temporary basis until such services or permanent facilities are available. The charges for special construction or ICB (i) are subject to individual negotiation between the Company and the Customer, (ii) will be based upon the Company s actually incurred labor material and other costs, and (iii) may include without limitation recurring, non-recurring, and early termination charges. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCO, LLC Idaho Public Utilities Commission Tariff No. Original Sheet No. 24 SECTION 3 - DESCRIPTION OF SERVICE Timine: of Calls 1.1 The Customer s monthly usage charges for the Company s services are based upon the total number of minutes the Customer uses and the service options to which the Customer subscribes. Chargeable time begins at the time a connection is established (i.e. when two-way communications is possible), and ends when a party terminates the connection. 1.2 No charges apply if a connection is not completed. 1.3 For billing purposes, all Calls are rounded up to the nearest minute and billed in increments of one minute. The minimum Call duration is 1 minute for a connected Call. 1.4 Where applicable, charges will be rounded up to the nearest penny. 1.5 Usage begins when a connection is established (i.e. when two-way communication is possible). A Call is terminated when the calling or called party terminates the connection. Start of Billine: For billing purposes, the start of service is the day following acceptance by the Customer of the Company s service or equipment. The end of service date is the last day after receipt by the Company of notification of cancellation as described in Section 2.1 of this tariff. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 'dahO ~blic Utilities Commission ACh I~! Ef the Secretary .\.1 Pi t:D FOR FlUNG MAR 2 5 2004 )isc. 109,1;') Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 25 SECTION 3 - DESCRIPTION OF SERVICE (Cont' Calculation of Distance 3.3.Where applicable, usage charges for all mileage sensitive products are based on the airline distance between rate centers associated with the originating and terminating points of the Call. 3.3.2 Where applicable, the airline mileage between rate centers is determined by applying a formula to the vertical and horizontal coordinates associated with the rate centers involved. The Company uses the rate centers that are produced by Bell Communications Research in theirNPA-NXX V&H Coordinates Tape and Bell's NECA Tariff No. 4. 3.4 Minimum Call Completion Rate The Customer can expect a call completion rate of at least 97% per 100 Calls attempted during peak use periods for all services. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 2 5 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 26 SECTION 3 - DESCRIPTION OF SERVICE (Cont'd) Service Offerines The Company offers interexchange telecommunications services. The Customer s total monthly use of the Company s service is charged at the applicable rates per minute set forth herein, in addition to any monthly service charges. None of the service offerings are time-of-day sensitive. Leased Line Service A leased line is a private, dedicated point-to-point connection between a Company POP and another point on the Company s fiber-optic network specified by the Customer. Leased line service is provided to Customers on a statewide basis, based upon the location of the Company s facilities, with transmission speeds of either DSl (1.5444 Mbps), DS3 (44.736 Mbps), OC3 (155 52 Mbps), OC12 (622.08 Mbps) and OC48 488.32 Mbps). A local access line may be necessary to connect the Customer network or premise with the Company POP. This local access line may be provided to the Customer by the Customer s local exchange carrier. Miscellaneous Services Order Change An Order Change is a change in the Customer s servIce requested subsequent to installation. Bad Check Charge If payment for Service is made by a check, draft, or similar instrument (collectively Check") that is returned to the Company unpaid by a bank or another financial institution for any reason, the Company will bill the Customer a returned check charge. In addition, the Customer may be required to replace the returned Check with a payment in cash or equivalent to cash, such as cashier s check, certified check or money order. 6.3 Reconnection Reconnection charges occur where service to an existing Customer has been discontinued for proper cause, and the Customer desires to resume service with the Company. Where a Customer desires reconnection, the Customer will be charged a fee to cover the cost to the Company of restoring service to the Customer. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho P~blic Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 27 SECTION 4 - RATES AND CHARGES Leased Line Service 1.1 Nonrecurring Charges Transmission Speed DSI DS3 OC3 OC12 OC48 Installation ICB ICB ICB ICB ICB Note: The foregoing rates represent a one time installation charge associated with the Service. 1.2 Recurring Charges Transmission Speed DSI DS3 OC3 OC12 OC48 Duration of Contract (in months)12 36 ICB ICB ICBICB ICB ICBICB ICB ICBICB ICB ICBICB ICB ICB Note: The foregoing monthly rates are per DSO mile, based on V &H coordinates; local access charges may apply. Issued:Effective: By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCVll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Idaho Public Utiiities Commission Offici.! of the Secretary ACCEPTED FOR FILING MAR 25 2004 Boise, Idaho Interexchange Telecommunications Services Charter Fiberlink ID - CCVII, LLC Idaho Public Utilities Commission Tariff No. 2 Original Sheet No. 28 SECTION 4 - RATES AND CHARGES (Cont'd) Promotions From time to time, the Company may offer services or waive or vary service rates for promotional , market research or other similar business purposes. The Company will provide thirty (30) days prior notice to the Commission of all promotional offerings. Bad Check Charee If payment for Service is made by a check, draft, or similar instrument (collectively "Check") that is returned to the Company unpaid by a bank or another financial institution for any reason, the Company will bill the Customer twenty-five dollars ($25.00). In addition, the Customer may be required to replace the returned Check with a payment in cash or equivalent to cash, such as a cashier s check, certified check or money order. Order Charee An Order Charge is a charge of forty dollars ($40.00) for a change in the customer s service requested subsequent to installation. Reconnect Charee If service has been discontinued for proper cause, the Company will charge a fee of twenty-five dollars ($25.00) to defray the cost of restoring service to the Customer. By: Carrie L. Cox Director of Legal and Regulatory Affairs Charter Fiberlink ill - CCvll, LLC 12405 Powerscourt Drive St. Louis, Missouri 63131-3674 Effective:Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 25 2004 Issued: Boise. Idaho