HomeMy WebLinkAboutOpex Communications Inc.pdfOPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 1
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
(This tariff issued by OPEX Communications, Inc., also doing business as TCI Long Distance
cancels and replaces the Tariff issued by OPEX Communications, Inc. in its entirety.)
REGULATIONS AND SCHEDULE OF CHARGES
APPLICABLE TO INTEREXCHANGE TELECOMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
OPEX COMMUNICATIONS, INC.
ALSO DOING BUSINESS AS TCI LONG DISTANCE
This Tariff contains the descriptions, regulations, and rates applicable to the furnishing of
telecommunications services within the State of Idaho by OPEX COMMUNICATIONS, INC.
The toll free number for customers to contact the Company is (888) 577-7266
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 2
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
CHECK SHEET
The title page and pages 1-40 are effective as of the date shown. Original and revised pages, as named below,
comprise all changes from the original Tariff in effect on the date indicated.
SHEET
REVISION SHEET
REVISION
1 Original 22 Original
2 Original 23 Original
3 Original 24 Original
4 Original 25 Original
5 Original 26 Original
6 Original 27 Original
7 Original 28 Original
8 Original 29 Original
9 Original 30 Original
10 Original 31 Original
11 Original 32 Original
12 Original 33 Original
13 Original 34 Original
14 Original 35 Original
15 Original 36 Original
16 Original 37 Original
17 Original 38 Original
18 Original 39 Original
19 Original 40 Original
20 Original
21 Original
* New or Revised Pages
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 3
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
CONCURRING, CONNECTING AND OTHER PARTICIPATING CARRIERS,
CONCURRING CARRIERS:
No Concurring Carriers
CONNECTING CARRIERS:
No Connecting Carriers
OTHER PARTICIPATING CARRIERS:
No Participating Carriers
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 4
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
TARIFF FORMAT
Page Numbering – Page numbers appear in the upper right hand corner of the page. Pages are numbered
sequentially and from time to time new pages may be added to the Tariff. When a new page is added
between existing pages, a decimal is added to the preceding page number. For example, a new page added
between Pages 3 and 4 would be numbered 3.1.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is
subservient to its next higher level:
2.
2.1.
2.1.1.
2.1.1.A.
2.1.1.A.1.
2.1.1.A.1.(a).
2.1.1.A.1.(a).I.
2.1.1.A.1.(a).I.(i).
2.1.1.A.1.(a).I.(i).(1).
Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet accompanies the
Tariff filing. The check sheet lists the pages contained in the Tariff, with a cross reference to the current
revision number. When new pages are added, the check sheet is changed to reflect the revision, all revisions
made in a given filing are designed by an asterisk (*). There will be no other symbols used on this page if
these are the only changes made to it. 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.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 5
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
APPLICABILITY
This Tariff contains the Service offerings, rates, terms and conditions applicable to the furnishing of
intrastate resale telecommunications Services within the State of Idaho by OPEX COMMUNICATIONS,
INC. (hereinafter "Company").
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 6
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
EXPLANATION OF SYMBOLS
(D) To signify discontinued material
(I) To signify a rate or charge increase
(M) To signify material relocated without change in text or rate
(N) To signify new material
(R) To signify a reduction
(T) To signify a change in text but no change in rate or regulation
(Z) To signify a correction
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 7
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
TABLE OF CONTENTS
Page
CHECK SHEET............................................................................................................................................2
CONCURRING, CONNECTING AND OTHER PARTICIPATING CARRIERS.....................................3
TARIFF FORMAT.......................................................................................................................................4
APPLICABILITY.........................................................................................................................................5
EXPLANATION OF SYMBOLS ................................................................................................................6
TABLE OF CONTENTS..............................................................................................................................7
1. DEFINITION OF TERMS ............................................................................................................10
2. RULES AND REGULATIONS ....................................................................................................18
2.1. Description and Limitations of Services...........................................................................18
2.2. Other Terms and Conditions.............................................................................................19
2.3. Liability.............................................................................................................................21
2.4. Cancellation of Service by a Customer.............................................................................23
2.5. Cancellation for Cause by the Company ..........................................................................24
2.6. Use of Service...................................................................................................................25
2.7. Payment Arrangements.....................................................................................................26
2.8. Assignment .......................................................................................................................27
2.9. Tax and Fee Adjustments .................................................................................................27
2.10. Method for Calculation of Airline Mileage ......................................................................28
2.11. Time of Day Rate Periods................................................................................................ 29
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 8
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.12. Special Customer Arrangements ..................................................................................... 29
2.13 Inspection......................................................................................................................... 29
2.14 Credit Allowance ............................................................................................................ 30
3. DESCRIPTION OF SERVICES................................................................................................... 31
3.1. Wide Area (“WATS”) and Message (“MTS”) Toll Services ..........................................31
3.2. Switched Inbound Service ................................................................................................31
3.3. Dedicated Inbound Service...............................................................................................31
3.4. Switched Outbound Service..............................................................................................31
3.5. Dedicated Outbound Service ............................................................................................31
3.6. Calling Card Service.........................................................................................................31
3.7. Timing of Calls .................................................................................................................32
3.8. Minimum Call Completion Rates .....................................................................................32
4. RATE AND CHARGES................................................................................................................33
4.1. Usage Rates.......................................................................................................................33
4.2. Switched Inbound Service Usage Rates ...........................................................................34
4.3. Dedicated Inbound Service Usage Rates..........................................................................35
4.4. Switched Outbound Service Usage Rates.........................................................................36
4.5. Dedicated Outbound Service Usage Rates........................................................................37
4.6. Calling Card Service Usage Rates ...................................................................................38
4.7. Recurring Charges ............................................................................................................39
4.8. Non-recurring Charges .....................................................................................................39
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 9
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.9. Special Promotional Offering ...........................................................................................40
4.10. Emergency Calls...............................................................................................................40
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 10
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
1. DEFINITION OF TERMS
For the purpose of this Tariff, the following definitions will apply:
Access Coordination
Provides for the design, ordering, installation, coordination, pre-service testing, service turn-up and
maintenance on a Company or Customer provided Local Access Channel.
Administrative Change
A change in Customer billing address or contact name.
Alternate Access
Alternate Access is a form of Local Access except that the provider of the Service is an entity, other
than the Local Exchange Carrier, authorized or permitted to provide such Service. The charges for
Alternate Access may be subject to private agreement rather than published or special tariff if
permitted by applicable governmental rules.
Application for Service
A standard Company order form which includes all pertinent billing, technical and other descriptive
information which will enable the Company to provide a communication Service as required.
ASR
ASR (Access Service Request) means an order placed with a Local Access Provider for Local
Access.
Authorized User
A person, firm, corporation or other entity that either is authorized by the Customer to receive or send
communications or is placed in a position by the Customer, either through acts or omissions, to send
or receive communications.
Bandwidth
The total frequency band, in hertz, allocated for a channel.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 11
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Bill Date
The date on which billing information is compiled and sent to the Customer.
Call
A completed connection between the Calling and Called Stations.
Called Station
The telephone number called.
Calling Station
The telephone number from which a Call originates.
Cancellation of Order
A Customer initiated request to discontinue processing a Service order, either in part or in its entirety,
prior to its completion. Cancellation charges will be assessed for each Circuit-end or Dedicated
Access line canceled from an order prior to its completion by the Company, under the following
circumstances: (1) if the LEC has confirmed in writing to the Company that the Circuit-end or
Dedicated Access line will be installed; or (2) if the Company has already submitted facilities orders
to and interconnecting telephone company.
Channel or Circuit
A dedicated communications path between two or more points having a Bandwidth or Transmission
Speed specified in this Tariff and selected by a Customer.
Commission
Idaho Public Utilities Commission
Company
OPEX COMMUNICATIONS, INC.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 12
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Company Recognized National Holidays
The following are Company Recognized National Holidays determined at the location of the
originator of the Call: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day.
The evening rate is used unless a lower rate would normally apply. When a Call begins in one rate
period and ends in another, the rate in effect in each rate period applies to the portion of the Call
occurring within that rate period. In the event that a minute is split between two rate periods, the rate
in effect at the start of that minute applies.
Customer
The person, firm, corporation or governmental unit which orders Service and which is responsible for
the payment of charges and for compliance with the Company's Tariff regulations. A Customer is
considered to be an account for billing purposes. The term Customer also includes an entity that
remains presubscribed to the Company Service after its account(s) are removed from the Company's
billing system, subsequently continues to use Company's network, and is billed by a local exchange
carrier for such use, or otherwise uses Service for which no other Customer is obligated to
compensate Company.
Customer Premises/Customer's Premises
Locations designated by a Customer where Service is originated/terminated whether for its own
communications needs or for the use of its resale customers.
DCS
DCS means Digital Cross-Connect System.
Dedicated Access/Special Access
Dedicated Local Access between the Customer's Premises or serving wire center and the Company's
Point-of-Presence for origination or termination of Calls.
DS-0
DS-0 means Digital Signal Level 0 Service and is a 64 Kbps signal.
DS-1
DS-1 means Digital Signal Level 1 Service and is a 1.544 Mbps signal.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 13
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
DS-0 with VF Access
DS-0 Service with VF Local Access facilities provides for the transmission of analog voice and/or
data within 300 Hz to 3000 Hz frequency range.
DS-0 with DDS Access
DS-0 Service with VF Local Access facilities provides for the transmission of digital data at speeds
2.4, 4.8, 9.6 or 56 Kbps.
Due Date
The Due Date is the date on which payment is due.
Expedite
A Service order initiated at the request of the Customer that is processed in a time period shorter than
the Company's standard Service interval.
FCC
Federal Communications Commission
Individual Case Basis (ICB)
Individual Case Basis (ICB) determinations involve situations where complex Customer-specific
Company arrangements are required to satisfactorily serve the Customer. The nature of such Service
requirements makes it difficult or impossible to establish general tariff provisions for such
circumstances. When it becomes possible to determine specific terms and conditions for such
offerings, they will be offered pursuant to such terms and conditions.
Installation
The connection of a Circuit, Dedicated Access line, or port for new, changed or an additional
Service.
Interexchange Service
Interexchange Service means that portion of a communications channel between a Company-
designated Point-of-Presence in one exchange and a Point-of-Presence in another exchange.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 14
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Interruption
Interruption shall mean a condition whereby the Service or a portion thereof is inoperative, beginning
at the time of notice by the Customer to Company that such Service is inoperative and ending at the
time of restoration.
Kpbs
Kilobits per second.
LATA (Local Access Transport Area)
A geographical area established for the provision and administration of communications Service of a
local exchange company.
Local Access
Local Access means the Service between a Customer Premises and a Company designated Point-of-
Presence.
Local Access Provider
Local Access Provider means an entity providing Local Access.
Local Exchange Carrier (LEC)
The local telephone utility that provides telephone exchange services.
Mbps
Megabits per second.
Multiplexing
Multiplexing is the sequential combining of lower bit rate Private Line Services onto a higher bit rate
Private Line Service for more efficient facility capacity usage or vice versa.
N/A
Not available.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 15
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Nonrecurring Charges
Nonrecurring Charges are one-time charges.
Payment Method
The manner which the Customer designates as the means of billing charges for Calls using the
Company's Service.
Physical Change
The modification of an existing Circuit, Dedicated Access line or port, at the request of the Customer,
requiring some Physical Change or retermination.
Point-of-Presence (POP)
A Company-designated location where a facility is maintained for the purpose of providing access to
its Service.
Primary Route
The route which, in the absence of Customer-designated routing or temporary re-routing, would be
used by the Company in the provision of Service.
Private Line
A dedicated transmission channel furnished to a customer without intermediate switching
arrangements for full-time customer use.
Private Line Service
A dedicated full-time transmission Service utilizing dedicated access arrangements.
Rate Center
A specified geographical location used for determining mileage measurements.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 16
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Requested Service Date
The Requested Service Date is the date requested by the Customer for commencement of Service and
agreed to by the Company.
Restore
To make Service operative following an interruption by repair, reassignment, re-routing, substitution
of component parts, or otherwise, as determined by the carrier(s) involved.
Route Diversity
Two channels which are furnished partially or entirely over two physically separate routes.
Service
Service means any or all Service(s) provided pursuant to this Tariff.
Service Commitment Period
The term elected by the Customer and stated on the Service order during which the Company will
provide the Services subscribed to by the Customer. The term can be monthly or in the case of
Private Line Services for a period of up to 5 years.
Special Promotional Offerings
Special trial offerings, discounts, or modifications of its regular Service offerings which the
Company may, from time to time, offer to its Customers for a particular Service. Such offerings may
be limited to certain dates, times, and locations.
Start of Service Date
The Requested Service Date or the date Service first is made available by the Company whichever is
later.
Tariff
The current Intrastate Services Tariff and effective revisions thereto filed by the Company with the
Commission.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 17
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
Twelve O’Clock
In designated time, 12:00 a.m. refers to 12:00 Midnight and 12:00 p.m. refers to 12:00 Noon.
Two-Way Conversation
A Two-Way Conversation is a telephone conversation between or among two or more parties.
VF
VF is voice frequency or voice-grade Service designed for private-line Service. Normal transmission
is in the 300 hertz to 3000 hertz frequency band.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 18
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2. RULES AND REGULATIONS
2.1. Description and Limitations of Services
2.1.1. Intrastate Telecommunications Service ("Service") is the furnishing of Company
communication Services contained herein between specified locations under the terms of this
Tariff.
2.1.2. Any member of the general public (including any natural person or legally organized entity
such as a corporation, partnership, or governmental body) is entitled to obtain Service under
this Tariff, provided that the Company reserves the right to deny Service: (A) to any
Customer that, in the Company's reasonable opinion, presents an undue risk of nonpayment
and refuses to comply with the deposit requirements set forth in Section 2.7.3, (B) in
circumstances in which the Company has reason to believe that the use of the Service would
violate the provisions of this Tariff or any applicable law or if any applicable law restricts
or prohibits provision of the Service, or (C) if insufficient facilities are available to provide
the Service (in such cases Company shall make best efforts to accommodate the needs of
all potential Customers by means of facility improvements or purchases, of capacity, if such
efforts will, in the Company's opinion, provide the Company with a reasonable return on its
expenditures), but only for so long as such unavailability exists.
2.1.3. Company, when acting at the Customer's request and as its authorized agent, will make
reasonable efforts to arrange for Service requirements, such as special routing, Diversity,
Alternate Access, or circuit conditioning.
2.1.4. Service is offered in equal access exchanges subject to the availability of facilities and the
provisions of this Tariff. Company reserves the right to refuse to provide Service to or from
any location where the necessary facilities and/or equipment are not available.
2.1.5. Company will not terminate or refuse service to any Customer for noncompliance with the
rules and regulations set forth in Company’s Tariff or Commission regulations without first
having made reasonable efforts to obtain Customer compliance. Service may be
discontinued after ten (10) days written notice to the Customer if:
2.1.5.A. the Customer is using the Service in violation of this Tariff; or
2.1.5.B. the Customer is using the Service in violation of the law or Commission or
FCC rule, order, or regulation.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 19
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.1.6. Service begins on the date that billing becomes effective and is provided on the basis of a
minimum period of at least one month, 24 hours per day. For the purposes of computing
charges in this Tariff, a month is considered to have 30 days.
2.1.7. Any Customer desiring service terminated or changed shall give Company thirty (30) days'
notice in person, in writing, or by telephone, provided such notice does not violate
contractual obligations or tariff provisions.
2.1.8. Nothing herein, or in any other provision of this Tariff, or in any marketing materials issued
by the Company shall give any person any ownership, interest, or proprietary right in any
code or 800 number issued by the Company to its Customers.
2.1.9. The Company reserves the right to discontinue furnishing Services or billing options, upon
written notice, when necessitated by conditions beyond its control. Conditions beyond the
Company's control include, but are not limited to, a Customer's having Call volume or a
calling pattern that results, or may result, in network blockage or other Service degradation
which adversely affects Service to the calling party, the Customer, or other Customers of
the Company.
2.1.10. Except as otherwise provided in this Tariff or as specified in writing by the party entitled
to receive Service, notice may be given orally or in writing to the persons whose names and
business addresses appear on the executed Service order and the effective date of any notice
shall be the date of delivery of such notice, not the date of mailing. By written notice,
Company or Customer may change the party to receive notice and/or the address to which
such notice is to be delivered. In the event no Customer or Company address is provided
in the executed Service order, notice shall be given to the last known business address of
Customer or, as appropriate.
2.2. Other Terms and Conditions
2.2.1. The name(s) of the Customer(s) desiring to use the Service must be stipulated in the
Application for Service.
2.2.2. The Customer agrees to operate the Company provided equipment in accordance with
instructions of the Company or the Company's agent. Failure to do so will void the
Company liability for interruption of Service and may make Customer responsible for
damage to equipment pursuant to Section 2.2.3 below.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 20
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.2.3. Customer agrees to return to the Company all Company-provided equipment delivered to
Customer within five (5) days of termination of the Service in connection with which the
equipment was used. Said equipment shall be in the same condition as when delivered to
Customer, normal wear and tear only excepted. Customer shall reimburse the Company,
upon demand, for any costs incurred by the Company due to Customer's failure to comply
with this provision.
2.2.4. A Customer shall not use any servicemark or trademark of the Company or refer to the
Company in connection with any product, equipment, promotion, or publication of the
Customer without prior written approval of the Company.
2.2.5. The provision of Service will not create a partnership or joint venture between the Company
and the Customer nor result in joint Service offerings to their respective Customers.
2.2.6. The rate or volume discount level applicable to a Customer for a particular Service or
Services shall be the rate or volume discount level in effect at the beginning of the monthly
billing period applicable to the Customer for the particular Service or Services. When a
Service is subject to a minimum monthly charge, account charge, port charge or other
Recurring Charge or Nonrecurring Charge for both intrastate and interstate Service, only one
such charge shall apply per account and that charge shall be the interstate charge.
2.2.7. Service requested by Customer and to be provided pursuant to this Tariff shall be requested
on Company Service Order forms in effect from time to time or Customer's forms accepted
in writing by an authorized headquarters representative of the Company (collectively
referred to as "Service Orders").
2.2.8. If an entity other than the company (e.g., another carrier or a supplier) imposes charges on
the Company in connection with a Service that entity's charges will be passed through to the
Customer.
2.2.9. The Service Commitment Period for any Service shall be established by the Service Order
relevant thereto and commence on the Start of Service Date. Upon expiration, each Service
Commitment Period for such Service shall automatically be extended subject to written
notice of termination by either Company or Customer as of a date not less than thirty (30)
days after delivery of said notice to the other. The charges for Interexchange Service during
any such extension shall not exceed the then current Company month-to-month charges
applicable to such Service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 21
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.3. Liability
2.3.1. Except as provided otherwise in this Tariff, the Company shall not be liable to Customer or
any other person, firm or entity for any failure of performance hereunder if such failure is
due to any cause or causes beyond the reasonable control of the Company. Such causes shall
include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other
similar occurrence, any law, order, regulation, direction, action or request of the United
States government or of any other government or of any civil or military authority, national
emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor
difficulties, supplier failures, shortages, breaches or delays, or preemption of existing
Services to restore service in compliance with Part 64, Subpart D, Appendix A, of the FCC's
Rules and Regulations.
2.3.2. With respect to the Services contained herein and except as otherwise provided herein, the
Company's liability shall not exceed an amount equal to the charge applicable to a one
minute Call to the Called Station at the time the affected Call was made. If the initial minute
rate is higher than the additional minute rate, the higher rate shall apply. For those Services
with monthly recurring charges, the Company's liability is limited to an amount equal to the
proportionate monthly recurring charges for the period during which Service was affected.
2.3.3. The Company is not liable for any act or omission of any other company or companies
(including any Company affiliate that is a participating or concurring carrier) furnishing a
portion of the Service or facilities, equipment, or Services associated with such Service.
2.3.4. The Customer is responsible for taking all necessary legal steps for interconnecting the
Customer provided terminal equipment with the Company facilities. The Customer shall
ensure that the signals emitted into the Company's network do not damage Company
equipment, injure personnel or degrade Service to other Customers. The Customer is
responsible for securing all licenses, permits, and other arrangements necessary for such
interconnection. In addition, the customer shall comply with applicable LEC signal power
limitations.
2.3.5. The Company may rely on Local Exchange Carriers or other third parties for the
performance of other Services such as Local Access. Upon Customer request and execution
and delivery of appropriate authorizing documents, the Company may act as agent for
Customer in obtaining such other Services. Customer's liability for charges hereunder shall
not be reduced by untimely Installation or non-operation of Customer provided facilities and
equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 22
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.3.6. The failure to give notice of default, to enforce or insist upon compliance with any of the
terms or conditions herein, the waiver of any term or conditions herein, or the granting of an
extension of time for performance by the Company or the Customer shall not constitute the
permanent waiver of any term or condition herein. Each of the provisions shall remain at all
time in full force and effect until modified in writing.
2.3.7. The Company shall not be liable to the Customer or any other person, firm or entity in any
respect whatsoever as a result of mistakes, accidents, errors, omissions, interruptions, delays,
or defects in Service (collectively "Defects"). Defects caused by or contributed to, directly
or indirectly, by any act or omission of Customer or its customers, affiliates, agents,
representatives, invitees, licensees, successors or assigns or which arise from or are caused
by the use of facilities or equipment of Customer or related parties shall not result in the
imposition of any liability whatsoever upon the Company, and Customer shall pay to the
Company any reasonable costs, expenses, damages, fees or penalties incurred by the
Company as a result thereof, including penalties incurred by the Company as a result thereof,
including costs of Local Access Providers' labor and materials. In addition, all or a portion
of the Service may be provided over facilities of third parties, or sold by third parties, and the
Company shall not be liable to Customer or any other person, firm or entity in any respect
whatsoever arising out of Defects caused by such third parties. THE COMPANY SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR BUSINESS INTERRUPTION,
FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING
OUT OF ANY DEFECTS OR ANY OTHER CAUSE. THE COMPANY'S LIABILITY, IF
ANY, WITH REGARD TO THE DELAYED INSTALLATION OF THE COMPANY'S
FACILITIES OR COMMENCEMENT OF SERVICE SHALL NOT EXCEED $1,000.
THIS WARRANTY AND THESE REMEDIES ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE
EVENT OF AN INTERRUPTION IN SERVICE OR ANY DEFECT IN THE SERVICE
WHATSOEVER, NEITHER COMPANY NOR ANY AFFILIATED OR UNAFFILIATED
THIRD PARTY, THIRD PARTY PROVIDER OR OPERATOR OF FACILITIES
EMPLOYED IN THE PROVISION OF THE SERVICE SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY
OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE
WHATSOEVER.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 23
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.3.8. With respect to the routing of Calls by the Company to public safety answering points or
municipal Emergency Service providers, Company liability, if any, will be limited to the
lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct
result of the Company's action, or failure to act, in routing the Call, or (b) the sum of
$1,000.00.
2.3.9. In the event parties other than Customer (e.g., Customer's customers) shall have use of the
Service directly or indirectly through Customer, then Customer agrees to forever indemnify
and hold Company and any affiliated or unaffiliated third-party, third-party provider or
operator of facilities employed in provision of the Service harmless from and against any and
all claims, demands, suits, actions, losses, damages, assessments or payments which may be
asserted by said parties arising out of or relating to any Defects.
2.3.10. In the event that Company is required to perform a Circuit redesign due to inaccurate
information provided by the Customer; or, circumstances in which such costs and expenses
are caused by the Customer or reasonably incurred by the Company for the benefit of the
Customer, the Customer is responsible for the payment of all such charges.
2.3.11. Acceptance by the Commission of the liability provisions contained in this Tariff does not
constitute its determination that the limitation of liability imposed by the Company should be
upheld in a court of law, but the recognition that, as it is the duty of the courts to adjudicate
negligence claims and rights to recover damages therefore, so it is the duty of the courts to
determine the validity of the exculpatory provisions of this Tariff.
2.4. Cancellation of Service by a Customer
2.4.1. If a Customer cancels a Service order before the Service begins, before completion of the
Minimum Period, or before completion of some other period mutually agreed upon by the
Customer and the Company, a charge will be levied upon the Customer for the
nonrecoverable portions of expenditures or liabilities incurred expressly on behalf of the
Customer by the Company and not fully reimbursed by Installation and monthly charges. If,
based on a Service order by a Customer, any construction has either begun or been
completed, but no Services provided, the nonrecoverable costs of such construction shall be
borne by the Customer.
2.4.2. Upon thirty (30) days' prior written notice, either Customer or Company shall have the right,
without cancellation charge or other liability, to cancel the affected portion of the Service, if
the Company is prohibited by governmental authority from furnishing said portion, or if any
material rate or term contained herein and relevant to the affected Service is substantially
changed by order of the highest court of competent jurisdiction to which the matter is appeal,
the Federal Communications Commission, or other local, state or federal government
authority.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 24
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.5. Cancellation for Cause by the Company
2.5.1. Upon nonpayment of any sum owing to the Company for a period of twenty (20) days after
the mailing date of the original unpaid bill, or upon a violation of any of the provisions
governing the furnishing of Service under this Tariff after having made a reasonable effort to
obtain customer compliance, the Company may, upon ten (10) days written notification to
the Customer, except in extreme cases, without incurring any liability, immediately
discontinue the furnishing of such Service. The written termination notice will be
distinguishable and separate from the regular monthly bill for service. Under no
circumstances shall service be terminated before twenty (20) days after the mailing date of
the original unpaid bill. Customer shall be deemed to have canceled Service as of the date of
such disconnection and shall be liable for any cancellation charges set forth in this Tariff.
2.5.2. Without incurring any liability, the Company may discontinue the furnishing of Service(s) to
a Customer immediately and without notice only when a dangerous condition is found to
exist or for theft or illegal use of service. In addition, Company shall may discontinue
service with ten (10) days written notice, under the following circumstances:
2.5.2.A. if the Customer refuses to furnish information to the Company regarding the
Customer's credit-worthiness;
2.5.2.B. if the Customer provides false information to the Company regarding the
Customer's identity, address, credit-worthiness, past or current use of
Customer communications Services, or its planned use of the Company
Service(s);
2.5.2.C. if the Customer states that it will not comply with a request of the Company
for reasonable security for the payment for Service(s);
2.5.2.D. if the Customer has been given five business days written notice in a
separate mailing by the Company of any past due amount (which remains
unpaid in whole or in part) for any of the Company's communications
Services to which the Customer either subscribes or had subscribed or used;
2.5.2.E. immediately upon written notice to the Customer of any sum thirty (30)
days past due; or
2.5.2.F. in the event of unauthorized use.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 25
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.5.3. Following the disconnection of service for any of these reasons, the Company or the local
exchange utility acting as Company agent, will notify the telephone number end-
user/customer that service was disconnected and why. The notice will include all reasons for
the disconnection and will include a toll-free number where an end-user/customer can obtain
additional information. Notice shall be deemed given upon deposit, postage prepaid, in the
U.S. Mail to end-user’s/customer’s last known address and in compliance with the
Commission’s rules.
2.5.4. The discontinuance of Service(s) by the Company pursuant to this Section does not relieve
the Customer of any obligations to pay the company for charges due and owing for
Service(s) furnished up to the time of discontinuance. The remedies set forth herein shall not
be exclusive and the Company shall at all times be entitled to all rights available to it under
either law or equity.
2.6. Use of Service
2.6.1 The Services offered herein may be used for any lawful purpose, including residential,
business, governmental, or other use. There are no restrictions on sharing or resale of
Services. However, the Customer remains liable for all obligations under this Tariff
notwithstanding such sharing or resale and regardless of the Company's knowledge of same.
The Company shall have no liability to any person or entity other than the Customer and
only as set forth in Section 2.3. The Customer shall not use nor permit others to use the
Service in a manner that could interfere with Services provided to others or that could harm
the facilities of the Company or others.
2.6.2. Service furnished by the Company may be arranged for joint use or authorized use. The
joint user or Authorized User shall be permitted to use such Service in the same manner as
the Customer, but subject to the following:
2.6.2.A. One joint user or Authorized User must be designated as the Customer.
2.6.2.B. All charges for the Service will be computed as if the Service were to be
billed to one Customer. The joint user or Authorized User which has been
designated as the Customer will be billed for all components of the Service
and will be responsible for all payments to the Company. In the event that
the designated Customer fails to pay the Company, each joint user or
Authorized User shall be liable to the Company for all charges incurred as a
result of its use of the Company's Service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 26
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.6.3. In addition to the other provisions in this Tariff, Customers reselling company Services shall
be responsible for all interaction and interface with their own subscribers or customers. The
provision of the Service will not create a partnership or joint venture between Company and
Customer nor result in a joint communications Service offering to the Customers of either
the Company or the Customer.
2.6.4. Service furnished by the Company shall not be used for any unlawful or fraudulent purposes.
2.6.5. The Customer will be billed directly by the LEC for certain Dedicated Access arrangements
selected by the Customer for the provisioning of direct access arrangements. In those
instances where the Company at the Customer's request may act as agent in the ordering of
such arrangements, the Company will bill the Customer Local Access charges.
2.7. Payment Arrangements
2.7.1. The Customer is responsible for payment of all charges for Services furnished to the
Customer or its joint or Authorized Users. This responsibility is not changed due to any use,
misuse, or abuse of the Customer's Service or Customer provided equipment by third parties,
the Customer's employees, or the public.
2.7.2. The Company's bills are due upon receipt. Amounts not paid within 30 days from the Bill
Date of the invoice will be considered past due. Customers will be assessed a late fee on past
due amounts in the amount of one and one-half percent (1 ½%) per month; however, the late
penalty fee will not be assessed on unpaid penalty charges and any payment received shall
first be applied to the bill for service rendered. If a Customer presents an undue risk of
nonpayment at any time, the Company may require that Customer to pay its bills within a
specified number of days and to make such payments in cash or the equivalent of cash.
2.7.3. With regard to the Company’s deposit policy, in determining whether a Customer presents
an undue risk of nonpayment, the Company shall consider the following factors: (A) the
Customer's payment history (if any) with the Company and its affiliates, (B) Customer's
ability to demonstrate adequate ability to pay for the Service, (C) credit and related
information provided by Customer, lawfully obtained from third parties or publicly
available, and (D) information relating to Customer's management, owners and affiliates (if
any). For end users or Customers whom the Company believes a deposit is necessary,
Company reserves the right to collect an amount not to exceed one (1) month’s estimated
charges as a deposit for service. This will be applied against the next month’s charges and, if
necessary, a new deposit will be collected for the next month.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 27
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.7.4. Disputes with respect to charges must be presented to the Company in writing within thirty
days from the date the invoice is rendered or such invoice will be deemed to be correct and
binding on the Customer.
2.7.5. If a LEC has established or establishes a Special Access surcharge, the Company will bill the
surcharge beginning on the effective date of such surcharge for Special Access arrangements
presently in Service. The Company will cease billing the Special Access surcharge upon
receipt of an Exemption Certificate or if the surcharge is removed by the LEC.
2.7.6. In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or
attempting to collect, any charges owed the Company, the Customer will be liable to the
Company for the payment of all such fees and expenses reasonably incurred.
2.8. Assignment
2.8.1. The obligations set forth in this Tariff shall be binding upon and inure to the benefit of the
parties hereto and their respective successors or assigns, provided, however, the Customer
shall not assign or transfer its rights or obligations without the prior written consent of the
Company.
2.9. Tax and Fee Adjustments
2.9.1. All stated charges in this Tariff are computed by the Company exclusive of any federal,
state, or local use, excise, gross receipts, sales or privilege taxes, duties, fees, or similar
liabilities (other than general income or property taxes) whether charged to or against the
Company or its Customers. Such taxes, fees, etc. shall be paid by the Customer in addition
to the charges stated in this Tariff. All such taxes, duties, and fees shall each be shown as a
separate line item on the Customer’s monthly invoice.
2.9.2. A surcharge is imposed on all charges for Service originating at addresses in states which
levy a gross receipts tax on Company’s operations. This surcharge is composed of a factor
of the gross receipts tax and taxes imposed directly or indirectly upon Company as measured
by the gross receipts payments or revenues of interstate access charges will be shown as a
separate line item on the Customer’s monthly invoice.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 28
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.9.3 When any municipality, or other political subdivision, local agency of government, or
department of public utilities imposes upon and collects from the Company a gross
receipts tax, occupation tax, license tax, permit fee, franchise fee or regulatory fee, such
taxes and fees shall, insofar as practicable, be billed pro rata to the Company's Customers
receiving service within the territorial limits of such municipality, other political
subdivision, local agency of government, or public utility commission.
2.9.4. The Company may adjust its rates and charges or impose additional rates and charges on its
Customers in order to recover amount it is required by governmental or quasi-government
authorities to collect from or pay to others in support of statutory or regulatory programs.
2.10. Method for Calculation of Airline Mileage
2.10.1. The airline mileage between two cities can be calculated using the Vertical (V) and
Horizontal (H) coordinates of the serving wire centers associated with the Company's POP
locations. The method for calculating the airline mileage is obtained by reference to AT&T's
Tariff F.C.C. No. 10 to the following formula:
the square root of: (V1-V2)2 + (H1-H2)2
10
where V1 and H1 correspond to the V&H coordinates of City 1 and V2 and H2 correspond
to the V&H coordinates of City 2.
Example:
V H
City 1 5004 1406
City 2 5987 3424
the square root of: (5004-5987)2 + (1406-3424)2
10
The result is 709.83 miles. Any fractional miles are rounded to the next higher whole
number; therefore, the airline mileage for this example is 710 miles.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 29
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.11. Time of Day Rate Periods
2.11.1. Time of Day Rate Periods are determined by the time of day at the location of the Calling
station.
The rates shown in Section 4 apply as follows:
DAY: From 8:00 AM to 5:00 PM Monday – Friday
EVENING: From 5:00 PM to 11:00 PM Monday - Friday and Sunday
NIGHT/
WEEKEND: From 11:00 PM to 8:00 AM Everyday
From 8:00 AM to 11:00 PM Saturday
From 8:00 AM to 5:00 PM Sunday
2.12. Special Customer Arrangements
2.12.1. In cases where a Customer requests a special or unique arrangement which may include
engineering, conditioning, Installation, construction, facilities, assembly, purchase or lease of
facilities and/or other special Services not offered under this Tariff, the Company, at this
option, may provide the requested Services. Appropriate recurring charges and/or
Nonrecurring Charges and other terms and conditions will be developed for the Customer for
the provisioning of such arrangements.
2.13. Inspection
2.13.1 The Company may, upon notice, make such tests and inspections as may be necessary to
determine that the requirements of this Tariff are being complied with in the Installation,
operation or maintenance of Customer or the Company equipment. The Company may
interrupt the Service at any time, without penalty to the Company, should Customer violate
any provision herein.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 30
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
2.14. Credit Allowance
2.14.1. Credit allowance for the interruption of Service is subject to the general liability provisions
set forth in this Tariff. Customers shall receive no credit allowance for the interruption of
Service which is due to the Company's testing or adjusting, negligence of the Customer, or to
the failure of channels or equipment provided by the Customer. The Customer must notify
the Company when the Customer is aware of any interruption in Service for which a credit
allowance is desired. Credits are applicable only to that portion of Service interrupted.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 31
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
3. DESCRIPTION OF SERVICES.
3.1. Wide Area ("WATS") and Message ("MTS") Toll Services
3.1.1. The Company offers WATS and MTS intrastate interexchange long distance service
utilizing switched or dedicated access arrangements between the Customers Premises and the
Company's facilities for call origination. Call termination is completed through a
combination of Company facilities and LEC switched access arrangements.
3.2. Switched Inbound Service
3.2.1. Switched inbound service permits inward calling (via 800 codes) to a specific location
utilizing premium switched, Feature Group D access on both ends.
3.3. Dedicated Inbound Service
3.3.1. Dedicated inbound service permits inward calling (via 800 codes) to a specific location
featuring the use of a dedicated, special access type connection on the terminating end. The
Customer shall be responsible for all LEC charges in addition to the Recurring, Non-
recurring and Usage charges set forth hereinafter.
3.4. Switched Outbound Service
3.4.1. Switched outbound services permits outward calling utilizing premium switched Feature
Group D access on both the originating and terminating ends.
3.5. Dedicated Outbound Service
3.5.1. Dedicated outbound service permits outward calling to stations in diverse service areas.
Dedicated outbound service is distinguished from other services by the existence of a
dedicated, special access connection on one end. The Customer shall be responsible for all
LEC charges in addition to the Recurring, Non-recurring and Usage charges set forth
hereinafter.
3.6. Calling Card Service
3.6.1. The Company's Calling Card Service permits Customers to place long distance calls utilizing
Company issued Calling Cards for billing purposes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 32
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
3.7. Timing of Calls
3.7.1. Long distance usage charges are based on the actual usage of the Company network.
Chargeable time begins when a connection is established between the Calling Station and the
Called Station. Chargeable time ends when either party "hangs up" thereby releasing the
network connection.
3.7.2. Unless otherwise specified in this Tariff, the minimum call duration for billing purposes is
eighteen (18) seconds. In addition, unless otherwise specified in this Tariff, usage is
measured thereafter in six (6) second increments and rounded to the next higher six (6)
second period.
3.8. Minimum Call Completion Rate
3.8.1. A Customer can expect a call completion rate of not less than 90% during peak use periods
for all Feature Group D services.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 33
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4. RATES AND CHARGES
4.1. Usage Rates
4.1.1. The following are the per minute usage charges which apply to all calls. These charges are
in addition to the Non-recurring Charges and Recurring Charges referred to herein.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 34
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.2. Switched Inbound Usage Rates
PCOM 1 – Switched Inbound Service
4.2.1 The Company requires eligible subscribers to agree to a one (1) year term commitment to
receive services available under PCOM 1.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0234 0.0078
PCOM 2 – Switched Inbound Service
4.2.2. The Company requires eligible subscribers to agree to a six (6) month term commitment to
receive services available under PCOM 2.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0255 0.0085
PCOM 3 – Switched Inbound Service
4.2.3. The Company requires eligible subscribers to agree to a monthly commitment to receive
services available under PCOM 3.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0267 0.0089
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 35
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.3. Dedicated Inbound Usage Rates
4.3.1. Reserved for future use.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 36
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.4. Switched Outbound Usage Rates
PCOM 1 – Switched Outbound Service
4.4.1 The Company requires eligible subscribers to agree to a one (1) year term commitment to
receive services available under PCOM 1.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0234 0.0078
PCOM 2 – Switched Outbound Service
4.4.2. The Company requires eligible subscribers to agree to a six (6) month term commitment to
receive services available under PCOM 2.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0255 0.0085
PCOM 3 – Switched Outbound Service
4.4.3. The Company requires eligible subscribers to agree to a monthly commitment to receive
services available under PCOM 3.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 18 Seconds Additional 6 Seconds
All 0.0267 0.0089
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 37
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.5. Dedicated Outbound Usage Rates
4.5.1. Reserved for future use.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 38
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.6. Calling Card Usage Rates
PCOM 1 – Calling Card Service
4.6.1 The Company requires eligible subscribers to agree to a one (1) year term commitment to
receive services available under PCOM 1.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 30 Seconds Additional 6 Seconds
All 0.0895 0.0179
PCOM 2 – Calling Card Service
4.6.2. The Company requires eligible subscribers to agree to a six (6) month term commitment to
receive services available under PCOM 2.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 30 Seconds Additional 6 Seconds
All 0.0995 0.0199
PCOM 3 – Calling Card Service
4.6.3. The Company requires eligible subscribers to agree to a monthly commitment to receive
services available under PCOM 3.
BUSINESS DAY
EVENING/NIGHT/WEEKEND
Mileage Initial 30 Seconds Additional 6 Seconds
All 0.0995 0.0199
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 39
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.7 Recurring Charges
4.7.1. Reserved for future use.
4.8. Non-recurring Charges
4.8.1. Reserved for future use.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho
OPEX COMMUNICATIONS, INC. Idaho P.U.C. Tariff No. 1
ALSO D/B/A TCI LONG DISTANCE Original Page. No. 40
______________________________________________________________________________
Issued: June 1, 2010 Effective: June 11, 2010
Issued by: Mark Leafstedt, CEO
707 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90017
4.9. Special Promotional Offering
4.9.1. The Company may from time to time engage in Special Promotional Offerings or Trial
Service Offerings limited to certain dates, times or locations designed to attract new
subscribers or increase subscriber usage when approved by the Commission. Company will
not have special promotional offerings for more than 90 days in any 12 month period. In all
such cases, the rates charged will not exceed those specified in Section 4 hereof.
4.10. Emergency Calls
4.10.1. Customer shall configure its PBX or other switch vehicle from which a customer places a
call so that 911 emergency calls, where available, and similar emergency calls will be
automatically routed to the emergency answering point for the geographical location where
the call originated without the intervention of Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
June 11, 2010
Boise, Idaho