HomeMy WebLinkAboutOrbitCom Inc Switched Access Services.pdfORBITCOM Tariff No. 1
Original Page No. 1
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Schedule of Rates, Rules and Regulations
Governing Access Services
Provided in the State of Idaho
OFFERED BY
ORBITCOM, INC.
1701 N. Louise Dr.
Sioux Falls, S.D. 57107
This tariff contains the descriptions, regulations, and rates applicable to furnishing of
Service and facilities for Access Services within the State of Idaho by OrbitCom, Inc. and
Concurring Carriers. This tariff is on file with the Idaho Public Utilities Commission and
copies may also be inspected during normal business hours at the following location:
1701 N. Louise Dr., Sioux Falls, SD 57107
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 2
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
TABLE OF CONTENTS
Description Page Number
Title Page……………………………………………………………………………….Title Page
Terms and Conditions……………………………………………………………… …………. 1
Table of Contents………………………………………………………………………………2-4
Explanation of Symbols…………………………………………………………………………..4
Application of Tariff……………………………………………………………………………...5
Concurring Carriers………………………………………………………………………………5
Section
Section 1 - Definition of Terms...........................................................................................6-8
Section 2 - Undertaking Of The Company………………………………………………...9
2.1 General……………………………………………………………………………9
2.2 Description of Service…………………………………………………………….9
2.3 Application for Service……………………………………………………………9
2.4 Shortage of Equipment or Facilities……………………………………………..10
2.5 Terms and Conditions………………………………………………………...10-11
2.6 Liability of the Company……………………………………………………..11-13
2.7 Notification of Service-Affecting Activities……………………………………..14
2.8 Provision of Equipment and Facilities………………………………………..14-16
2.9 Non-routine Installation………………………………………………………….16
2.10 Ownership of Facilities…………………………………………………………..16
2.11 Optional rates and Information Provided to the Public………………………16-17
2.12 Continuity of Service…………………………………………………………….17
2.13 Governmental Authorizations……………………………………………………17
Section 3 – Obligations Of the Customer…………………………………………………...18
3.1 General………………………………………………………………………..18-19
3.2 Prohibited Uses……………………………………………………………….19-20
3.3 Claims……………………………………………………………………………21
3.4 Jurisdictional Reporting………………………………………………………21-23
Section 4 - Payment Arrangements……………………………………………………….24
4.1 Payment for Service.……………………………………………………………..24
4.2 Billing and Collection of Charges……………………………………………24-26
4.3 Advance Payments………………………………………………………….......27
4.4 Discontinuance of Service……………………………………………………27-28
4.5 Cancellation of Application for Service……………………………………...28-29
4.6 Changes in Service Requested…………………………………………………...29
4.7 Taxes……………………………………………………......................................30
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 3
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
4.8 Disputed Bills………………………………………………………………...30-31
Section 5 - Use Of Customer’s Service By Others………………………………………31
5.1 Resale and Sharing……………………………………………………………….31
5.2 Joint Use Arrangements………………………………………………………….31
5.3 Transfers and Assignments………………………………………………………32
Section 6 - Cancellation of Service ………………………………………………………32
Section 7 - Notices And Communications………………………………………………..33
Section 8 - Customer Equipment And Channels………………………………………...34
8.1 General…………………………………………………………………………...34
8.2 Station Equipment………………………………………………………………..34
8.3 Interconnection of Facilities.................................................................................35
8.4 Tests and Adjustments…………………………………………………………...35
8.5 Inspections……………………………………………………………………35-36
Section 9 - Allowances for Interruptions In Service……………………………………37
9.1 General…………………………………………………………………………...37
9.2 No Credit Allowances Will Be Made For………………………………………..38
Section 10 - Application Of Rates…………………………………………………………..39
10.1 Distance Based Charges………………………………………………………….39
Section 11 - Special Construction And Special Arrangements…………………………40
11.1 Special Construction……………………………………………………………..40
11.2 Basis for Charges………………………………………………………………...41
11.3 Basis for Cost Computation…………………………………………………..41-42
11.4 Termination Liability…………………………………………………………….42
Section 12 - Ordering Options For Switched Access Service…………………………..43
12.1 General………………………………………………………………………..43-44
12.2 Access Order………………………………………………………………….44-51
Section 13 – Carrier Common Line Service………………………………………………...52
13.1 General Description...............................................................................................52
13.2 Limitations.............................................................................................................52
13.3 Undertaking of the Company...........................................................................52-53
13.4 Obligations of the Customer..................................................................................53
13.5 Determination of Usage Subject to Carrier Common Line Access Charges.........53
13.6 Measuring and Recording of Call Detail...............................................................54
13.7 Billing of Charges..................................................................................................54
13.8 Determination of Charges.................................................................................54-56
Section 14 - Switched Access Service.................................................................................57
14.1 General...................................................................................................................57
14.2 Provision and Description of Switched Access Service Agreements...............58-61
14.3 Obligations of Company...................................................................................61-62
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 4
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
14.4 Obligations of the Customer..................................................................................63
Section 15 - Rates and Charges.............................................................................................64
15.1 Rates for Switched Access Services.................................................................64-68
15.2 Non-routine Installation/Maintenance Charges.....................................................68
15.3 Individual Case Basis Arrangements.....................................................................68
15.4 Under-billing..........................................................................................................69
Explanation Of Symbols
The following symbols shall be used in this Tariff for the purposes indicated below.
(C) To signify changed listing, rule, or condition which may affect rates or
changes.
(D) To signify discontinued material, including listing, rate, rule or condition.
(I) To signify an increase.
(L) To signify material relocated from or to another part of Tariff Schedule
with no change in text, rate, rules or conditions.
(N) To signify new materials including listing, rate, rule or condition.
(R) To signify reduction.
(T) To signify change in wording of text but not change in rate, rule or
condition.
In addition to symbols for changes, each provision or rate element changed will contain a vertical
one line which will clearly show the exact number of lines being changed.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 5
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Application of Tariff
This Tariff contains the Regulations and Rates applicable to intrastate Switched Access Services
provided by Company within N. Idaho. Company’s Services are furnished subject to the
availability of facilities and subject to the terms and conditions of this Tariff.
The Rates and Regulations contained in this Tariff apply only to the Services furnished by
Company and do not apply, unless otherwise specified, to the lines, facilities, or Services
provided by a Local Exchange Telephone Company or other Common Carrier for use in
accessing the Services of Company.
The Customer is entitled to limit the use of Company’s Services by end users at the Customer’s
facilities, and may use other Common Carriers in addition to or in lieu of Company.
Concurring Carriers
OneEighty Networks
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 6
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 1 – Definition Of Terms
Certain terms used generally throughout this Tariff for Communications Services of this
Company are defined below.
Advance Payment: Part or all of a payment required before the start of Service.
Authorized User: A person, firm or corporation which is authorized by the Customer or
Joint User to be connected to the Service of the Customer or Joint User, respectively.
Bit: The smallest unit of information in the binary system of notation.
Commission: Idaho Public Service Commission
Company: OrbitCom, Inc., the issuer of this Tariff.
Customer: The person, firm or corporation which purchases Service and is responsible
for the payment of charges and compliance with the Company’s regulations.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a
specific Customer.
End Office: The term “end office” denotes the switching system office or serving wire
center where Customer station loops are terminated for purposed of interconnection to
each other and/or to trunks.
Individual Case Basis (ICB): A Service arrangement in which the regulations, rates
and charges are developed based on the specific circumstances of the case.
Interconnect Carrier: Any carrier that connects to Company’s network for exchange
of communications traffic.
Joint User: A person, firm or corporation which is designated by the Customer as a
user of Services furnished to the Customer by the Company and to whom a portion of
the charges for the Service will be billed under a Joint User arrangement as specified in
the Company’s Tariff.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 7
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 1 – Definition Of Terms (Continued)
LATA: A Local Access and Transport Area established pursuant to the Modification
of Final Judgment entered by the United States District Court for the District of
Columbia in Civil Action No. 82-0192; or any other geographic area designated as a
LATA in the National Exchange Carrier Association, Inc. Price list F.C.C. No. 4.
Major Service Interruption: An interruption of Customer Service due to the
Company’s negligence or due to its noncompliance with the provisions of this Tariff.
PIU: Percent Interstate Usage
Premises: The space occupied by a Customer, Authorized User or Joint User in a
building or buildings or contiguous property (except railroad rights-of-way, etc.) not
separated by a highway.
Recurring Charges: The monthly charges to the Customer for Services, facilities and
equipment, which continue for the agreed upon duration of the Service.
Service Commencement Date: The first day following the date on which the
Company notifies the Customer that the requested Service or facility is available for use,
unless extended by the Customer’s refusal to accept Service which does not conform to
standards set forth in the Service Order or the Tariffs of the Company, in which case the
Service Commencement Date is the date of the Customer’s acceptance. The Company
and Customer may mutually agree on a substitute Service Commencement Date.
Service Order: The written request for Company Services submitted by the Customer
in the format devised by the Company. The signing of a Service Order by the Customer
and acceptance by the Company initiates the respective obligations of the parties as set
forth herein and pursuant to the Tariffs of the Company, but the duration of the Service is
calculated from the Service Commencement Date.
Shared: A facility or equipment system or subsystem that can be used simultaneously
by several Customers.
Switched Access Service: Access to the switched network of an Exchange Carrier
for the purpose of originating or terminating communications.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 8
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 1 – Definition of Terms (Continued)
Transmission: The sending of electrical or optical signals over a line to a
destination.
User: A Customer, Joint User, or any other person authorized by a Customer to use
Service provided to the Customer under OrbitCom, Inc’s Tariff.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 9
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company
2.1 General
2.1.1 The Company does not undertake to transmit messages but offers the use of its
facilities for the transmission of communications.
2.1.2 Customers and Users may use Services and facilities provided under the Tariffs of
the Company to obtain access to Services offered by other companies. The
Company is responsible for the Services and facilities provided under its Tariffs,
and for its unregulated Services provided pursuant to contact, and it assumes no
responsibility for any Service (whether regulated or not) provided by any other
entity that purchases access to the Company’s network in order to originate or
terminate such entity’s own Services, or to communicate with such entity’s own
Customers.
2.1.3 The Company shall have no responsibility with respect to billings, charges or
disputes related to Services used by the Customer which are not included in the
Services herein including, without limitation, any local, regional or long distance
Services not offered by the Company. The Customer shall be fully responsible
for the payment of any bills for such Services and for the resolution of any
disputes or discrepancies with the Service provider.
2.2 Description of Service
OrbitCom, Inc’s Service consists of any of the business Services offered
pursuant to this Tariff, either individually or in combination. Each business
Service is offered independent of the others, unless otherwise noted. Service is
offered via the Company’s facilities or in combination with transmission
facilities provided by other certificated carriers.
2.3 Application for Service
Customers desiring to obtain OrbitCom, Inc’s Service must complete the
Company’s standard Service order form(s).
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 10
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.4 Shortage of Equipment or Facilities
2.4.1 The Company reserves the right to limit or to allocate the use of existing facilities,
or of additional facilities offered by the Company, when necessary because of
lack of facilities, or due to some other cause beyond the Company’s control , on a
nondiscriminatory basis.
2.4.2 The furnishing of Service under the Tariffs of the Company is subject to the
availability on a continuing basis of all the necessary facilities and is limited to
the reasonable capacity of the Company’s facilities as well as facilities the
Company may obtain from other carriers to furnish Service from time to time as
required at the sole discretion of the Company.
2.5 Terms and Conditions
2.5.1 Service shall be provided on the basis of a minimum period of at least one (1)
year.
2.5.2 Customers may be required to enter into written Service orders which shall
contain or reference a specific description of the Service ordered, the rates to be
charged, the duration of the Services, and the terms and conditions in the Tariffs
of the Company. Customers will also be required to execute any other documents
as may be reasonably requested by the Company.
2.5.3 At the expiration of the initial term specified in each Service Order, or in any
extension thereof, Service shall continue on a month-to-month basis at the then
current rates unless terminated by either party. Any termination shall not relieve
Customer of its obligation to pay any charges incurred under the Service order
and the Tariffs of the Company prior to termination. The rights and obligations
which by their nature extend beyond the termination of the term of the Service
order shall survive such termination.
2.5.4 In any action between the parties to enforce any provision of the Tariffs of the
Company, the prevailing party shall be entitled to recover its legal fees and court
costs from the non-prevailing party in addition to other relief a court may award.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 11
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.5 Terms and Conditions (Continued)
2.5.5 The Tariffs of the Company shall be interpreted and governed by the laws of the
State of South Dakota without regard for its choice of laws provision.
2.6 Liability of the Company
2.6.1 The liability of the Company for damages arising out of the furnishing of its
Services, including but not limited to mistakes, omissions, interruptions, delays,
or errors, or other defects, representations, or use of these Services or arising out
of the failure to furnish the Service, whether caused by acts or omissions, shall be
limited to the extension of allowances for interruption as set forth in Section 9.0,
following. The extension of such allowances for interruption shall be the sole
remedy of the Customer and the sole liability of the Company. The Company
will not be liable for any direct, indirect, incidental, special, consequential,
exemplary or punitive damages to Customer or User as a result of any Company
Service, equipment or facilities, or the acts or omissions or negligence of the
Company, Company’s employees or agents.
2.6.2 The Company shall not be liable for any delay or failure of performance or
equipment due to causes beyond its control, including but not limited to: acts of
God, fire, flood, explosion or other catastrophes; any law, order, regulation,
direction, action, or request of the United States Government, or of any other
government, including state and local governments having or claiming juris-
diction over the Company, or any department, agency, commission, bureau,
corporation, or other instrumentality of any one or more of these federal, state
or local governments, or of any civil or military authority, national emergencies,
insurrections, riots, wars, unavailability of rights-of-way or materials, or strikes,
lockouts, work stoppages, or other labor difficulties.
2.6.3 The Company shall not be liable for any act or omission of any entity furnishing
to the Company or to the Company’s Customers or Users facilities or equipment
used for or with the Services the Company offers.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 12
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.6 Liability of the Company (Continued)
2.6.4 The Company shall not be liable for any damages or losses due to the fault
or negligence of the Customer or User or due to the failure or malfunction of
Customer or User-provided equipment or facilities.
2.6.5 The Company does not guarantee nor make any warranty with respect to
installations it provides for use in an explosive atmosphere. The Customer
shall indemnify and hold the Company harmless from any and all loss, claims,
demands, suits, or other action, or any liability whatsoever, whether suffered,
made, instituted, or asserted by any other party or person(s), and for any loss,
damage, or destruction of any property, whether owned by the Customer or
others, caused or claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance, removal presence,
condition, location, or use of any installation so provided.
2.6.6 The Company reserves the right to require each Customer to sign an agreement
acknowledging acceptance of the provisions of this paragraph as a condition
precedent to such installations.
2.6.7 The Company is not liable for any defacement of or damage to Customer or User
premises resulting from the furnishing of Services or equipment on such premises
or the installation or removal thereof, unless such defacement or damage is caused
by negligence or willful misconduct of the Company’s agents or employees.
2.6.8 The entire liability for any claim. loss, damage or expense from any cause
whatsoever shall in no event exceed sums actually paid the Company by
Customer for the specific Services giving rise to the claim. No action or
proceeding against the Company shall be commenced more than one year after
the Service is rendered, or as required by South Dakota law.
2.6.9 The Company shall not be liable for any damages or losses due to the fault or
negligence of the Customer or due to the failure or malfunction of Customer
provided equipment or facilities.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 13
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.6 Liability of the Company (Continued)
2.6.10 The Company shall not be liable for any damages resulting from delays in
meeting any Service dates due to delays resulting from normal construction
procedures. Such delays shall include, but not be limited to, delays in
obtaining necessary regulatory approvals for construction, delays in obtaining
right-of-way approvals and delays in actual construction work.
2.6.11 The Company shall not be liable for any damages whatsoever to property
resulting from the installation, maintenance, repair or removal of equipment
and associated wiring unless the damage is caused by the Company’s willful
misconduct or negligence.
2.6.12 THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH IN ITS TARIFFS.
2.6.13 The Company shall not be liable for any damages whatsoever associated with
Service, facilities, or equipment which the Company does not furnish or for any
act or omission of Customer or any other entity furnishing Services, facilities or
equipment used for or in conjunction with OrbitCom, Inc’s.
2.6.14 The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes
that it is a court’s responsibility to adjudicate negligence and consequential
damage claims. It is also the court’s responsibility to determine the validity of the
exculpatory clause
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 14
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking of the Company (Continued)
2.7 Notification of Service Affecting Activities
To the extent possible, the Company will provide the Customer reasonable notification of
Service-affecting activities that may occur in normal operation of its business. Such
activities may include, but are not limited to, equipment or facilities additions, removals
or rearrangements and routine preventative maintenance. Generally, such activities are
not specific to an individual Customer but affect many Customers’ Services. No specific
advance notification period is applicable to all Service activities. The Company will
work cooperatively with the Customer to determine the reasonable notification
requirements. With some emergency or unplanned Service-affecting conditions, such as
an outage resulting from cable damage, notification to the Customer may not be possible.
2.8 Provision of Equipment and Facilities
2.8.1 All Services along the facilities between the point identified as the Company’s
origination point and the point identified as the Company’s termination point
will be furnished by the Company, its agents or contractors.
2.8.2 The Company may undertake to use reasonable efforts to make available Services
to a Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this Tariff.
2.8.3 The Company undertakes to use reasonable efforts to maintain only the facilities
and equipment that it furnishes to the Customer. The Customer, Joint User, or
Authorized User may not, nor may they permit others to, rearrange, disconnect,
remove, attempt to repair, or otherwise tamper with any of the facilities or
equipment installed by the Company, except upon the written consent of the
Company.
2.8.4 Equipment the Company provides or installs at the Customer’s premises for use in
connection with the Services the Company offers shall not be used for any
purpose other than that for which the Company provided the equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 15
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking of the Company (Continued)
2.8.5 The Customer shall be responsible for the payment of Service charges as set forth
herein for visits by the Company’s agents or employees to the premises of the
Customer, Joint User, or Authorized User when the Service difficulty or trouble
report results from the use of equipment or facilities the Customer, Joint User, or
Authorized User provided.
2.8.6 The Company shall not be responsible for the installation, operation, or
maintenance of any Customer provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this Tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this Tariff and to the maintenance and operation of such facilities;
subject to this responsibility the Company shall not be responsible for:
2.8.6.1 the transmission of signals by Customer provided equipment or for the
quality of, or defects in, such transmission; or
2.8.6.2 the reception of signals by Customer provided equipment. The Customer
Authorized User, or Joint User is responsible for ensuring that Customer
provided equipment connected to Company equipment and facilities is
compatible with such Company equipment and facilities. The magnitude
and character of the voltages and currents impressed on Company
provided equipment and wiring by the connection, operation, or main-
tenance of such equipment and wiring shall be such as not to cause
damage to the Company provided equipment and wiring or injury to the
Company’s employees or to other persons. Customer will submit to
Company a complete manufacturer’s specification sheet for each item of
equipment that is not provided by the Company and which shall be
attached to the Company’s facilities. The Company shall approve the use
of such item (s) of equipment unless such item is technically incompat-
ible with Company’s facilities. Any additional protective equipment
required to prevent such damage or injury shall be provided by the
Company at the Customer’s expense.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 16
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.8.7 Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing OrbitCom, Inc’s
Services and the channels, facilities, or equipment of others shall be provided at
the Customer’s expense.
2.8.8 OrbitCom, Inc. may be connected to the Services or facilities of other
communications carriers only when authorized by , and in accordance with , the
terms and conditions of the Tariffs of the other communications carrier which are
applicable to such connections.
2.9 Non-Routine Installation
At the Customer’s request, installation and/or maintenance may be performed outside the
Company’s regular business hours and/or in hazardous locations. In such cases, charges
2.9 Non-Routine Installation (Continued)
based on cost of the actual labor, material, or other costs incurred by or charged to the
Company will apply. If installation is started during regular business hours, but at the
Customer’s request, extends beyond regular business hours into time periods including,
but not limited to, weekends, holidays, and/or night hours, additional charges may apply.
2.10 Ownership of Facilities
Title to all facilities provided in accordance with the Tariffs of the Company remains
with the Company, its agents or contractors. The Customer shall not have, nor shall it
assert, any right, title or interest in all the fiber optic or other facilities and associated
equipment provided by the Company hereunder.
2.11 Optional Rates and Information Provided to the Public
The Company will promptly advise Customers who may be affected of new, revised or
optional rates applicable to their Service. Pertinent information regarding the Company’s
Services, rates and charges shall be provided directly to Customers, or shall be available
for inspection at the Company’s local business address. If required by the Commission,
the Company will cause to have published a notice of its intention to charge its rates,
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 17
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 2 – Undertaking Of The Company (Continued)
2.11 Optional Rates and Information Provided to the Public (Continued)
tolls, charges, rules and regulations in one or more newspapers in circulation in the
affected area.
2.12 Continuity of Service
In the event of prior knowledge of an interruption of Service for a period exceeding one
day, the Customers will, if feasible, be notified in writing, by mail, at least one week in
advance.
2.13 Governmental Authorizations
The provision of Services is subject to and contingent upon the Company
obtaining and retaining such approvals, consents, governmental authorizations,
licenses and permits, as may be required or be deemed necessary by the
Company. The Company shall use reasonable efforts to obtain and keep in
effect all such approvals, consents, authorizations, licenses and permits that
may be required to be obtained by it. The Company shall be entitled to take,
and shall have no liability whatsoever for, any action necessary to bring the
Services into conformance with any rules, regulations, orders, decisions, or
directives imposed by the Federal Communications Commission or other
applicable agency, and the Customer shall fully cooperate in and take such
action as may be requested by the Company to comply with any such rules,
regulations, orders, decisions, or directives.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 18
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer
3.1 General
The Customer shall be responsible for:
3.1.1 the payment of all applicable charges pursuant to the Tariffs of the Company;
3.1.2 damage to or loss of the Company’s facilities or equipment caused by the acts or
omissions of the Customer or of any User; or by the noncompliance by the
Customer or any User with these regulations; or by fire or theft or other casualty
on the Customer’s or any User’s premises, unless caused by the negligence or
willful misconduct of the employees or agents of the Company;
3.1.3 providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment space and power to operate the Company facilities
and equipment installed on the premises of the Customer or any User; and the
level of heating and air conditioning necessary to maintain the proper operating
environment on such premises;
3.1.4 any and all costs associated with obtaining and maintaining of the rights-of-way
from the point of entry at the Customer’s location to the termination point where
Service is finally delivered to the Customer, including, but not limited to, the
costs of installing conduit or of altering the structure to permit installation of
Company provided facilities. The Customer’s use of such rights-of-way shall in
all respects be subject to the terms, conditions and restrictions of such rights-of-
way and of agreements between the Company and such third parties relating
thereto, including without limitation, the duration applicable to and the condem-
nation of such rights-of-way, and shall not be in violation of any applicable
governmental ordinance, law, rule, regulation or restriction. Where applicable,
the Customer agrees that it shall assist the Company in the procurement and
maintenance of such right-of-way. The Company may require the Customer to
demonstrate its compliance with this section prior to accepting an order for
Service:
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 19
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer
3.1 General (Continued)
3.1.5 providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which the Company’s
employees and agents shall be installing or maintaining the Company’s
facilities and equipment within a hazardous area if, in the Company’s opinion,
injury or damage to the Company’s employees or property might result from
installation or maintenance by the Company;
3.1.6 identifying, monitoring, removing and disposing of any hazardous material (e.g.
friable asbestos) prior to any construction or installation work;
3.1.7 complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
the Company’s facilities and equipment in any Customer or User premises or the
rights-of-way for which the Customer is responsible under Section 3.1.4; and
granting or obtaining permission for the Company’s agents or employees to enter
the premises of the Customer or any User at any time for the purpose of installing,
inspecting, maintaining, repairing, or upon termination of Service as stated herein,
removing the facilities or equipment of the Company;
3.1.8 not creating or allowing to be placed any liens or other encumbrances on the
Company’s equipment or facilities; and
3.1.9 making the Company’s facilities and equipment available periodically for
maintenance purposes at a time agreeable to both the Company and the Customer.
No allowance will be made for the period during which Service is interrupted for
such purposes.
3.2 Prohibited Uses
3.2.1 The Services the Company offers shall not be used for any unlawful purpose or
for any use as to which the Customer has not obtained all governmental approvals
authorizations, licenses, consents and permits required to be obtained by the
Customer with respect thereto.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 20
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer (Continued)
3.2 Prohibited Uses
3.2.2 The Company may require applicants for Service who intend to use the
Company’s offerings for resale and/or for shared use to file a letter with the
Company confirming that their use of the Company’s offerings complies with
relevant laws and Commission regulations, policies, orders and decisions.
3.2.3. The Company may, without obtaining any further consent from the Customer,
assign any rights, privileges, or obligations under this Tariff. The Customer shall
not, without prior written consent of the Company, assign, transfer, or in any
other manner dispose of, any of its rights, privileges, or obligations under this
Tariff, and any attempt to make such an assignment, transfer, disposition with-
out such consent shall be null and void.
3.2.4 The Company may require a Customer to immediately shut down its transmission
of signals if said transmission is causing interference to others.
3.2.5 A Customer may not use the Services so as to interfere with or impair Service
over any facilities and associated equipment, or so as to impair the privacy of any
communications over such facilities and associated equipment.
3.2.6 Customer use of any resold Service obtained from other Service providers shall
also be subject to any applicable restrictions imposed by the underlying providers.
3.2.7 A Customer, Joint User, or Authorized User shall not represent that it’s Services
are provided by the Company, or otherwise indicate to its Customers that its
provision of Services is jointly with the Company, without the written consent of
the Company. The relationship between the Company and Customer shall not be
that of partners or agents for one or the other, and shall not be deemed to
constitute a partnership or agency agreement.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 21
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer (Continued)
3.3 Claims
With respect to any Service or facility provided by the Company, Customer shall
indemnify, defend and hold harmless the Company from and against all claims, actions,
damages, liabilities, costs and expenses, including reasonable attorneys’ fees for:
3.3.1 any loss, destruction or damage to property of the Company or any third party, or
the death or injury to persons, including, but not limited to, employees or invitees
of either party, to the extent caused by or resulting from the negligent or
intentional act or omission of the Customer or User or their employees, agents,
representatives or invitees;
3.3.2 any claim, loss, damage, expense or liability for infringement of any copyright,
patent, trade secret, or any proprietary or intellectual property right of any third
party, arising from any act or omission by the Customer or User, including with-
out limitation, use of the Company’s Services and facilities in a manner not
contemplated by the agreement between Customer and the Company; or
3.3.3 any claim of any nature whatsoever brought by a User with respect to any matter
for which the Company would not be directly liable to the Customer under the
terms of the applicable Company Tariff.
3.4 Jurisdictional Reporting
When the Company receives sufficient call detail to determine the jurisdiction of some or
all originating and terminating access minutes of use (MOU), the Company will use that
call detail to render bills for those MOU and will not use PIU factors. When the
Company receives insufficient call detail to determine the jurisdiction of some or all
originating and terminating access MOU, the Company will apply PIU factor(s) provided
by the Customer or developed by the company to those minutes for which the Company
does not have sufficient call detail. PIU factor(s) must be provided in whole numbers and
will be used by the Company to apportion use and/or charges between interstate and
intrastate jurisdictions until Customer provides an update to its’ PIU factor(s).
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 22
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer (Continued)
3.4 Jurisdictional Reporting (Continued)
3.4.1 Originating Access: Originating Access Minutes may be based on traffic originating at
the State, LATA or local Switching Center level, provided that the traffic being measured
is only traffic originating from the Company’s Local Switching Center(s). Originating
Access Minutes will be measured as follows, based on type of access:
3.4.1.1 For Feature group D Switched Access Services, as defined in Section
14.2.1, where the Company can determine jurisdiction by its call detail,
the projected PIU will be developed by the Company on a quarterly basis
by dividing the measured interstate originating minutes by the total
Originating Access Minutes.
3.4.1.2 For Feature Group D with 950 Access as defined in Section 14.2.1, the
Customer must provide the Company with a projected PIU factor by
supplying the Company with an interstate percentage of Originating
Access Minutes.
3.4.1.3 For 500, 700, 8XX, calling card and operator Service access, the
Customer must provide the Company with a projected PIU factor for
each type of access. The Customer who provides a PIU factor shall
supply the Company with an interstate percentage of Originating Access
Minutes.
3.4.1.4 If no PIU for originating minutes is submitted as specified herein, then
the projected PIU will be set on a default basis of 32 percent interstate
traffic and 68 percent intrastate traffic.
3.4.2 Terminating Access: For Feature Group D Switched Access Services, the
Customer must provide the Company with a projected PIU factor by supplying
the Company with an interstate percentage of Terminating Access Minutes on a
quarterly basis, as described in Section 3.4.4 below. If no projected PIU factor
is submitted by the Customer, then the projected PIU will be set on a default
basis.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 23
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 3 – Obligations Of The Customer (Continued)
3.4 Jurisdictional Reporting (Continued)
3.4.3 Except where the Company measured access minutes are used as set forth in 3.4.1
above, the Customer reported projected PIU factor as set forth above will be used
until the Customer reports a different projected PIU factor, as set forth below. The
revised report will serve as the basis for future billing and will be effective on the
next bill date.
3.4.4 Effective on the first day of January, April, July and October of each year the
Customer shall update its interstate and intrastate jurisdictional report. The
Customer shall forward to the Company, to be received no later than 15 days
after the first day of such month, a revised report showing the interstate and
intrastate percentage of use for the past three months ending the last day of
December, March, June and September, respectively, for each Service arranged
for interstate use, based solely on the traffic originating from or terminating
to the Company Local Switching Center. The revised report will serve as the
basis for the next three months billing and will be effective on the bill date for
that Service. If the Customer does not supply the reports for those Services
where reports are needed, the Company will assume the percentage to be the same
as that provided previously. For those cases in which a quarterly report has never
been received from the Customer, the Company will assume the percentages to be
the same as those provided in the Access Service Request.
3.4.5 Jurisdictional Reports Verification: For Switched Access Service, if a billing
dispute arises or the Commission questions the project PIU factor, the Customer
will provide the data used to determine the projected PIU factor. The Customer
will supply the data within 30 days of the Company request.
The Customer shall keep records of call detail from which the percentage a
interstate and intrastate use can be ascertained and, upon request of the Company
shall make the records available for inspection as reasonably necessary for
purposes of verification of the percentages. The Company reserves the right
to conduct an audit at any time during the year. The Customer, at its own expense,
has the right to retain an independent auditing firm.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 24
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements
4.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and Services
furnished by the Company to the Customer and to all Users authorized by the Customer,
regardless of whether those Services are used by the Customer itself or are resold or
shared with other persons.
4.2 Billing and Collection of Charges
4.2.1 Nonrecurring charges are due and payable within 30 days after the date an invoice
is mailed to the Customer by the Company.
4.2.2 The Company shall present invoices for Recurring Charges monthly to the
Customer, in advance of the month in which Service is provided, and recurring
Charges shall be due and payable within 30 days after the invoice is mailed.
4.2.3 Charges based on measured usage will be included on the next invoice rendered
following the end of the month in which the usage occurs, and will be due and
payable within 30 days after the invoice is mailed.
4.2.4 When Service does not begin on the first day of the month, or end on the last day
of the month, the charge for the fraction of the month in which Service was
furnished will be calculated on a pro-rata basis. For this purpose, every month is
considered to have 30 days.
4.2.5 Billing the Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies
the Customer that the Service or facility is available for use, except that the
Service Commencement Date may be postponed by mutual agreement of the
parties, or if the Service or facility does not conform to standards set forth in the
Tariffs of the Company or the Service Order. Billing accrues through and includes
the day that the Service, circuit, arrangement or component is discontinued.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 25
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.2 Billing and Collection of Charges (Continued)
4.2.6 With respect to Business Customers only, if any portion of the payment is
received by the Company after the date due, or if any portion of the payment
is received by the Company in funds which are not immediately available, then
a late payment penalty shall be due to the Company. The late payment penalty
shall be the portion of the payment not received by the date due, net of taxes,
not compounded, multiplied by a monthly late factor of 1.5%.
4.2.7 For any check returned to the Company due to insufficient funds, uncollected
funds, or closed account, a $25.00 fee will be assessed per check returned.
4.2.8 Ordering, Rating and Billing of Access Services where more than one exchange
carrier is involved will be handled as follows:
All recurring and non-recurring charges for Services provided by each Exchange
Carrier are billed under each Company’s applicable Tariffs. Under a Meet Point
Billing Arrangement, the Company will bill for charges for traffic carrier between
the Company Local Switching Center and the End User and for the portion of any
transport facilities provided by the Company between the Customer’s location and
the Company’s local switching center.
The multiple billing arrangement described in this section is subject to the
provisions of the Multiple Exchange Carrier Access Billing Guidelines (MECAB)
and the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD).
The Company must notify the Customer of: 1) the meet point option that will be
used; 2) the Carrier(s) that will render the bill(s); 3) the Carrier(s) to whom
payment should be remitted; and 4) the Carrier(s) that will provide the bill inquiry
function. The Company shall provide such notification at the time orders are
placed for Switched Access Service. Additionally, the Company shall provide
this notice in writing 15 days in advance of any changes in the arrangement.
The Company will handle the ordering, rating and billing of Switched Access
Services under this Tariff where more than one Exchange Carrier is involved in
the provision of Switched Access Services as follows:
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 26
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.2.8.1 The Company must receive an order for Feature Group D (FGD)
Switched Access Service, as defined herein, ordered to the
Company’s Local Switching Center through a switch operated by
another Exchange Center.
4.2.8.2 In addition, for FGD Switched Access Service ordered to the
Company’s Local Switching Center through a switch operated by
another Exchange Carrier with whom the Company has an agree-
ment, the Customer may be required to submit an order as
specified by the Exchange Carrier which operates the switch.
4.2.8.3 Separate bills will be rendered by the Exchange Carrier for FGD
Access Service.
4.2.8.4 Rating and Billing of Service: Each Company will provide its
portion of Access Service based on the Regulations, Rates and
Charges contained in its respective Switched Access Service
Tariff, subject to the following rules, as appropriate:
4.2.8.4.(a) The application of non-distance sensitive rate
elements varies according to the rate structure and
the location of the facilities involved;
4.2.8.4.(a).I when rates and charges are listed on a per
minute basis, the Company’s rates and
charges will apply to traffic originating from
the Customer’s Premises and terminating at
the End User’s Premises, and vice versa.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 27
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.3 Advance Payments
4.3.1 To safeguard its interests, the Company may require a Business Customer to
make an advance payment before Services and facilities are furnished. The
advance payment will not exceed an amount equal to the nonrecurring charge(s)
and the first month’s estimated recurring charges for the Service or facility. In
addition, where special construction is involved, the advance payment may also
include an amount equal to the estimated nonrecurring charges for the special
construction and recurring charges (if any) for a period to be set between the
Company and the Customer. The advance payment will be credited to the
Customer’s initial bill and may be required in addition to a deposit.
4.3.2 A Customer whose Service has been discontinued for nonpayment of bills will be
required to pay the unpaid balance due carrier and may be required to pay
reconnect charges.
4.4 Discontinuance of Service
4.4.1 Upon nonpayment of any amounts owing to the Company, the Company may, by
giving ten (10) days prior written notice to the Customer, discontinue or suspend
Service without incurring any liability.
4.4.2 Upon violation of any of the other material terms or conditions for furnishing
Service the Company may, by giving ten (10) days prior notice in writing to the
Customer, discontinue or suspend Service without incurring any liability if such
violation continues during that period.
4.4.3 Upon condemnation of any material portion of the facilities used by the
Company to provide Service to a Customer, or if a condition immediately
dangerous or hazardous to life, physical safety or property exists, or if a casualty
renders all or any material portion of such facilities inoperable beyond feasible
repair, the Company, by notice to the Customer, may discontinue or suspend
Service without incurring any liability.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 28
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.4.4 Upon the Customer’s insolvency, assignment for the benefit of creditors, filing
for bankruptcy or reorganization, or failing to discharge an involuntary petition
within the time permitted by law, the Company may immediately require a
deposit without incurring any liability.
4.4.5 Upon any governmental prohibition or required alteration of the Services to be
provided or any violation of an applicable law or regulation, the Company may
immediately discontinue Service without incurring any liability.
4.4.6 Upon the Company’s discontinuance of Service to the Customer under paragraphs
4.5.1 or 4.5.2, the Company, in addition to all other remedies that may be
available to the Company at law or in equity or under any other provision of the
Tariffs of the Company, may declare all future monthly and other charges which
would have been payable by the Customer during the remainder of the minimum
term for which such Services would have otherwise been provided to the
Customer to be immediately due and payable (discounted to present value at six
percent (6%).
4.4.7 Any Customer or Applicant for Service requesting the opportunity to dispute any
action or determination of company under the Commission’s Customer Service
shall be given an opportunity for a supervisory review by the Company
immediately following Customer’s request for such review. Service will not be
disconnected pending completion of the review.
4.5 Cancellation of Application for Service
4.5.1 Applications for Service are non-cancelable unless the Company otherwise
agrees. Where the Company permits the Customer to cancel an Application for
Service prior to the start of Service or prior to any special construction, no
charges will be imposed except for those specified below.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 29
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.5 Cancellation of Application for Service (Continued)
4.5.2 Where, prior to cancellation by the Customer, the Company incurs any expenses
in installing the Service or in preparing to install the Service that it otherwise
would not have incurred, a charge equal to the costs the Company incurred, less
net salvage, shall apply, but in no case shall this charge exceed the sum of the
charge for the minimum period of Services ordered, including installation
charges, and all charges others levy against the Company that would have been
chargeable to the Customer had Service begun (all discounted to present value at
six percent (6%).
4.5.3 Where the Company incurs any expense in connection with special construction,
or where special arrangements of facilities or equipment have begun, before the
Company receives a cancellation notice, a charge equal to the costs incurred, less
net salvage, applies. In such cases, the charge will be based on such elements as
the cost of the equipment, facilities, and material, the cost of installation,
engineering, labor and supervision, general and administrative expense, other
disbursements, depreciation, maintenance, taxes, provision for return on invest-
ment, and any other costs associated with the special construction or
arrangements.
4.5.4 The special charges described in paragraphs 4.6.1 through 4.6.3, above, will be
calculated and applied on a case-by-case basis.
4.6 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment
specifications, Service parameters, premises locations, or otherwise materially modifies
any provision of the application for Service, the Customer’s installation fee shall be
adjusted accordingly.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 30
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.7 Taxes
The Customer is responsible for the payment of Federal excise taxes, gross receipts,
access, state and local sales and use taxes and all taxes, fees, surcharges (however,
designated) and other exactions imposed on the Company or its Services by govern-
mental jurisdictions, other than taxes, imposed generally on corporations. Any taxes
imposed by a local jurisdiction (e.g. county and municipal taxes) will only be recovered
from those Customers residing in the affected jurisdictions. All such taxes, fees and
charges shall be separately designated on the Company’s invoices, and are not included
in the Tariffed rates. It should be the responsibility of the Customer to pay any such
taxes that subsequently become applicable retroactively.
4.8 Disputed Bills
The Customer may dispute a bill only by written notice to the Company. Written dispute
must be received by the company within 60 days of the payment due date. If a written
dispute is not received by the Company within 60 days of the payment date, the bill
statement shall be deemed to be correct and considered due and payable in full by
Customer.
The Company, upon receiving a written dispute will investigate the merits of the dispute.
Upon completion of its investigation, the Company will provide written notice to the
customer regarding the disposition of the claim, i.e., resolved in favor of the Customer or
resolved in favor of the Company. The Company will resolve the dispute and assess
credits or penalties to the customer as follows:
• If the dispute is resolved in favor of the Company and the customer has paid the
disputed amount on or before the payment due date, no credits or penalties will apply.
• If the dispute is resolved in favor of the Company and the customer has withheld the
disputed amount, any payments withheld pending settlement of the dispute shall be
subject to the late payment penalty as set forth in 4.2.6. preceding.
• If the dispute is resolved in favor of the customer and the customer has withheld the
disputed amount, no credits or penalties will apply.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 31
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 4 – Payment Arrangements (Continued)
4.8 Disputed Bills (Continued)
• If the dispute is resolved in favor of the customer and the customer has paid the
disputed amount, the customer will receive an interest credit from the Company for the
disputed amount times a late factor. The late factor shall be the lesser of:
- the highest interest rate which may be levied by law for commercial
transactions, compounded daily, or
- 0.000292 per day, compounded daily for the applicable number of days
Section 5 – Use of Customer’s Service By Others
5.1 Resale and Sharing
Any Service provided under the Company Tariffs may be resold to or shared with other
persons at the option of Customer, except as provided in 5.3 following. Customer
remains solely responsible for all use of Services ordered by it or billed to its telephone
number(s) pursuant to the Tariffs of the Company, for determining who is authorized to
use its Services, and for notifying the Company of any use. Business rates apply to all
Service that is resold or shared
5.2 Joint Use Arrangements
Joint Use Arrangements will be permitted for all Services available for resale and sharing
pursuant to the Company Tariffs. From each Joint Use Arrangement, one member will be
designated as the Customer responsible for the manner in which the joint use of the
Service will be allocated. OrbitCom, Inc. will accept orders to start, rearrange,
relocate, or discontinue Service only from the Customer. Without affecting the
Customer’s ultimate responsibility for payment of all charges for the Service, each Joint
User shall be responsible for the payment of the charges billed to it.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 32
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 5 – Use of Customer’s Service By Others (Continued)
5.3 Transfers and Assignments
5.3.1 Neither the Company nor the Customer may assign or transfer its rights or duties
in connection with the Services and facilities provided by the Company without
the written consent of the other party and any appropriate authorizations, if
necessary, except that the Company may assign its rights and duties (a) to any
subsidiary, parent company or affiliate of the Company, (b) pursuant to any sale
or transfer of substantially all the assets of the Company; or (c)pursuant to any
financing, merger or reorganization of the Company.
5.3.2 If a Customer cancels a Service Order or terminates Services before the
completion of the term for any reason whatsoever, other than a Major Service
Interruption, Customer agrees to pay the Company the following sums within 21
days of the effective date of the cancellation or termination to be payable under
the terms set forth in Section 4 preceding: all costs, fees and expenses reasonably
incurred in connection with:
5.3.2.1 All nonrecurring charges as specified in the Company’s Tariffs, plus
5.3.2.2 Any disconnection, early cancellation or termination charges reasonably
incurred and paid to third parties by the Company on behalf of Customer,
plus
5.3.2.3 All Recurring Charges specified in the applicable Company Tariff for the
balance of the current term..
Section 6 – Cancellation Of Service
Reserved for Future Use.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 33
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 7 – Notices And Communications
7.1 The Customer shall designate on the Service Order an address to which the Company
shall mail or deliver all notices and other communications, except that Customer may
also designate a separate address to which the Company’s bills for Service shall be
mailed.
7.2 The Company shall designate on the Service Order an address to which the Customer
shall mail or deliver all notices and other communications, except that the Company may
designate a separate address on each bill for Service to which the Customer shall mail
payment on that bill.
7.3 All notices or other communications required to be given pursuant to the Tariffs of the
Company will be in writing. Notices and other communications of either party, and all
bills mailed by the Company, shall be presumed to have been delivered to the other party
on the third business day following placement of the notice, communication or bill with
the U.S. Mail or a private delivery Service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
7.4 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 34
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 8 – Customer Equipment And Channels
8.1 General
A User may transmit or receive information or signals via the facilities of the Company.
The Company’s Services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in the Tariffs of the Company. A User may
transmit any form of signal that is compatible with the Company’s equipment, but except
as otherwise specifically stated in its Tariffs, the Company does not guarantee that its
Services will be suitable for purposes other than voice-grade telephonic communication.
8.2 Station Equipment
8.2.1 Terminal equipment on the User’s Premises and the electric power consumed by
such equipment shall be provided by and maintained at the expense of the User.
The user is responsible for the provision of wiring or cable to connect its terminal
equipment to the Company’s Point of Connection.
8.2.2 The Customer is responsible for ensuring that Customer-provided equipment
connected to the Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and
currents impressed on Company-provided equipment and wiring by the
connection, operation, or maintenance of such equipment and wiring shall be such
as not to cause damage to Company-provided equipment and wiring or injury to
the Company’s employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the
Company at the Customer’s expense.
8.2.3 Customer provided station equipment may be attached to Services provided
under the Tariffs of the Company subject to Part 68 of the FCC Rules and to any
applicable provisions of the Tariffs of the Company and is the sole responsibility
of the Customer.
8.2.4 The Company is not responsible for malfunctions of Customer-owned telephone
sets or other Customer-provided equipment, or for misdirected calls, disconnects
or other Service problems caused by the use of Customer-owned equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 35
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 8 – Customer Equipment And Channels (Continued)
8.3 Interconnection of Facilities
8.3.1 Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing communications
Services and the channels, facilities, or equipment of others shall be provided at
the Customer’s expense.
8.3.2 Communications Services may be connected to the Services or facilities of other
communications carriers only when authorized by, and in accordance with, the
terms and conditions of the Tariffs of the other communications carriers which are
applicable to such connections.
8.3.3 Facilities furnished under the Tariffs of the Company may be connected to
Customer provided terminal equipment in accordance with the provisions of the
Tariffs of the Company. All such terminal equipment shall be registered by the
Federal Communications Commission pursuant to Part 68 Title 47, Code of
Federal Regulations; and all User provided wiring shall be installed and
maintained in compliance with those regulations.
8.4 Tests and Adjustments
Upon suitable notice the Company may make such tests, adjustments, and inspections as
may be necessary to maintain the Company’s facilities in satisfactory operating
condition. No. interruption allowance will be credited to the Customer for the period
during which the Company makes such tests, adjustments, or inspections.
8.5 Inspections
8.5.1 Upon suitable notification to the Customer, and at a reasonable time, the
Company may make such tests and inspections as may be necessary to determine
that the User is complying with the requirements set forth in Section 2.8 for the
installation, operation, and maintenance of Customer-provided facilities and
equipment to Company-owned facilities and equipment.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 36
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 8 – Customer Equipment And Channels (Continued)
8.5.2 If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deem necessary to protect
its facilities, equipment, and personnel. The Company will notify the Customer
promptly if there is any need for further corrective action. Within ten days of
receiving this notice, the Customer must take this corrective action and notify the
Company of the action taken. If the Customer fails to do this, the Company may
take whatever additional action is deemed necessary, including the suspension of
Service, to protect its facilities, equipment and personnel from harm.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 37
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 9 – Allowances For Interruptions In Service
9.1 General
9.1.1 Interruptions in Service, which are not due to the negligence of or noncompliance
with the provisions of the Tariffs of the Company, by the Customer or of an
Authorized or Joint User, or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set
forth below for the part of the Service that the interruption affects.
9.1.2 A credit allowance will be made when an interruption occurs because of a failure
of any component furnished by the Company under its Tariffs. An interruption
period begins when the Customer reports a Service, facility or circuit is
interrupted and releases it for testing and repair. An interruption period ends when
the Service, facility or circuit is operative. If the Customer reports a Service,
facility or circuit to be inoperative but declines to release it for testing and repair,
it is considered to be impaired, but not interrupted.
9.1.3 For calculating credit allowances, every month is considered to have 30 days. A
credit allowance is applied on a pro-rata basis against the rates specified
hereunder and is dependent upon the length of the interruption. Only those
facilities on the interrupted portion of the circuit will receive a credit.
9.1.4 For Switched Access Service, no credit will be allowed for an interruption of less
than 24 hours. After the first 24-hour period, a credit equal to l/30 of the
applicable recurring transport charges will be applied to each interruption which
is in excess of 12 hours and up to 24 hours.
Interruptions owner 24 hours and less than 72 hours will be credited 1/5 day for
each 3-hour period or fraction thereof. No more than one full day’s credit will be
allowed for any period of 24 hours.
Interruptions over 72 hours will be credited 2 days for each full 24-hour period.
No more than 30 days credit will be allowed for any one-month period.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 38
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 9 – Allowances For Interruptions In Service (Continued)
9.2 No credit allowances will be made for:
9.2.1 interruptions due to the negligence of, or noncompliance with the provisions of
the Tariffs of the Company, by the Customer, User, or other common carrier
providing Service connected to the Service of the Company;
9.2.2 interruptions due to the negligence of any person other than the Company,
including but not limited to the Customer or other common carriers connected to
the Company’s facilities;
9.2.3 interruptions of Service due to the failure or malfunction of facilities, power or
equipment provided by the Customer, Authorized User, Joint User, or other
common carrier providing Service connected to the Services or facilities of the
Company;
9.2.4 interruptions of Service during any period in which the Company is not given full
and free access to its facilities and equipment for the purpose of investigating and
correcting interruptions;
9.2.5 interruptions of Service during a period in which the Customer continues to use
the Service on an impaired basis;
9.2.6 interruptions of Service during any period when the Customer has released
Service to the Company for maintenance purposes or for implementation of a
Customer order for a change in Service arrangements;
9.2.7 interruptions of Service due to circumstances or causes beyond the control of the
Company; and
9.2.8 interruptions of Service that occur or continue due to the Customer’s failure to
authorize replacement of any element of special construction.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 39
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 10 – Application Of Rates
10.1 Distance-Based Charges
10.1.1 Distance between two points is measured as airline distance between two Points
of Service.
10.1.2 The airline distance between any two Points of Service is determined as follows:
10.1.2.1 Obtain the vertical and horizontal coordinates for each Point of Service
location.
10.1.2.2 Compute the difference between the vertical coordinates of the two
Points of Service; and compute the difference between the two
horizontal coordinates.
10.1.2.3 Square each difference between the vertical coordinates and the
horizontal coordinates.
10.1.2.4 Add the square of the vertical coordinates difference and the square of
the horizontal coordinates difference.
10.1.2.5 Divide the sum of the squares by 10. Round to the next higher whole
number if any fraction is obtained. For example (V2-V1)² + (H2-H1)²
10
10.1.2.6 Take the square root of the result.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 40
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 11 – Special Construction And Special Arrangements
11.1 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in the
Tariffs of the Company, special construction and special arrangements may be
undertaken on a reasonable efforts basis at the request of the Customer. Special
arrangements include any Service or facility relating to a regulated telecommunications
not otherwise specified under a Tariff, or for the provision of Service on an expedited
basis or in some other manner different from the normal Tariff conditions. Special
construction is that construction undertaken:
11.1.1 where facilities are not presently available, and there is no other requirement for
the facilities so constructed;
11.1.2 of a type other than that which the Company would normally utilize in the
furnishing of its Services;
11.1.3 over a route other than that which the Company would normally utilize in the
furnishing of its Services;
11.1.4 in a quantity greater than that which the Company would normally construct;
11.1.5 on an expedited basis;
11.1.6 on a temporary basis until permanent facilities are available;
11.1.7 involving abnormal costs; or
11.1.8 in advance of its normal construction.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 41
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 11 - Special Construction And Special Arrangements (Continued)
11.2 Basis for Charges
Where the Company furnishes a facility or Service on a special construction basis, or any
Service for which a rate or charge is not specified in the Company’s Tariffs, charges will
be based on the costs incurred by the Company and may include, (1) nonrecurring-type
charges; (2) recurring-type charges, (3) termination liabilities; or (4) combinations
thereof. The agreement for special construction will ordinarily include a minimum
Service commitment based upon the estimated Service life of the facilities provided.
11.3 Basis for Cost Computation
The costs referred to in Section 11.2 preceding may include one or more of the following
items to the extent they are applicable:
11.3.1 installed costs of the facilities to be provided including estimated costs for the
rearrangements of existing facilities. Installed costs include the cost of:
11.3.1.1 equipment and materials provided or used,
11.3.1.2 engineering, labor and supervision,
11.3.1.3 transportation,
11.3.1.4 rights-of-way, and
11.3.1.5 any other item chargeable to the capital account;
11.3.2 annual charges including the following:
11.3.2.1 cost of maintenance;
11.3.2.2 depreciation on the estimated installed cost of any facilities
provided, based on the anticipated useful Service life of the
facilities with an appropriate allowance for the estimated net
salvage;
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 42
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 11 – Special Construction And Special Arrangements (Continued)
11.3 Basis for Cost Computation (Continued)
11.3.2 annual charges (Continued)
11.3.2.3 administration, taxes and uncollectible revenue on the basis of
reasonable average costs for these items;
11.3.2.4 any other identifiable costs related to the facilities provided; and
11.3.2.5 an amount for return and contingencies.
11.4 Termination Liability
To the extent that there is no other requirement for use by the Company, the Customer
may have a termination liability for facilities specially constructed at the request of the
Customer if, and only if, such liability is clearly stated in a written agreement between
the Company and the Customer.
11.4.1 The maximum termination liability is equal to the total cost of the special facility
as determined under 11.3 preceding, adjusted to reflect the re-determined
estimated net salvage, including any reuse of the facilities provided.
11.4.2 The maximum termination liability as determined in paragraph 11.4.1 shall be
divided by the original term of Service contracted for by the Customer (rounded
up to the next whole number of months) to determine the monthly liability. The
Customer’s termination liability shall be equal to this monthly amount multiplied
by the remaining unexpired term of Service (rounded up to the next whole
number of months), discounted to present value at six percent (6%), plus
applicable taxes.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 43
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service
12.1 General
This section sets forth the regulations and order related charges for Access Service
Requests (ASRs) for Switched Access Service as defined in this Tariff. These charges are
in addition to other applicable charges set forth in other sections of this Tariff.
12.1.1 Ordering Conditions
All Services offered under this Tariff will be ordered using an ASR. The format
of the ASR will be as specified in the industry Access Service Order Guidelines,
unless otherwise, specified herein. A Customer may order any number of Services
of the same type and between the same premises on a single ASR. All details for
Services for a particular order must be identical.
The Customer shall provide all information necessary for the Company to provide
and bill for the requesting Service. When placing an order for Switched Access
Service, the Customer shall provide the following minimum information:
12.1.1.1 Customer name and premise(s) address(es);
12.1.1.2 Billing name and address (when different from Customer
name and address);
12.1.1.3 Customer contact name (s) and telephone numbers for the
following provisioning activities; order negotiating, order
confirmation, interactive design, installation and billing.
The order date (Application Date) is the date on which the Company receives a
firm commitment and sufficient information from the Customer to allow
processing of the ASR. The Customer is advised of the critical events in the
provisioning process, the Application Date, the Plant Test Date and the Service
Commencement Date, at the time the Company gives the Customer a Firm Order
Confirmation (FOC). The FOC is forwarded to the Customer within two(2)
business dates after the date on which all information needed to process the ASR
has been received by the Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 44
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service (Continued)
12.1.2 Provision of Other Services
Unless otherwise specified herein, all Services offered under this Tariff
shall be ordered with an ASR.
With the agreement of the Company, other Services may subsequently be
added to the ASR at any time, up to and including the Service date for the
Access Service. When added subsequently, charges for a Design Change
as set forth in Section 15.1.3.2 will apply when an engineering review is
required.
Additional Engineering is not an ordering option but will be applied to a
ASR when the Company determines that additional engineering is
necessary to accommodate a Customer request. Additional Engineering
will be provided by the Company at the request of the Customer only `
when a Customer requests additional technical information after the
Company has already provided the technical information included on the
Design Layout Report as set forth herein. The Customer will be notified
when additional engineering is required and will be furnished with a
written statement setting forth the justification for the additional
engineering as well as an estimate of the charges. If the Customer does not
want the Service or facilities after being notified by the Company that
additional engineering is required, the Customer may cancel the order and
no charges will apply.
12.2 Access Order
An ASR required by the Company to provide a Customer Switched Access Service as
described herein. An ASR will be required for each new similar Service arrangement or
group of common circuits.
When a Customer requests new or additional Switch Access Service, one or more ASRs
may be required. The number of orders required is dependent on the type of Services
and/or facilities being requested.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 45
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service (Continued)
12.2 Access Order (Continued)
When placing an order for either Direct Connect Service or Tandem Connect Service
as describe in Sections 14.2.3.2 and 14.2.3.3 respectively, the Customer shall provide all
standard ASR ordering information as specified in industry guidelines. The Customer
will also be required to provide this information to order additional Service for an
existing Service type. For new Customers ordering Tandem Connect Service, the
Customer will only be required to complete an ASR for installation of new Service.
12.2.1 Access Service Date Intervals
Access Service is provided with one of the following Service Date intervals:
- Standard Interval
- Negotiated Interval
The Company will specify a FOC and the Service Commencement Date
contingent on the ASR being complete as received. To the extent the Access
Service can be made available with reasonable effort, the Company will provide
the Access Service in accordance with the Customer’s required interval subject to
the following conditions:
12.2.1.1 Standard Interval: The Standard Interval for Switched and
Special Access Service will be ten (10) business days from the
Application Date. This interval only applies to standard Service
offerings for a Customer which is on-net and at locations where
there are pre-existing facilities to the Customer Premises. Access
Services provided under the Standard Interval will be installed
during Company business hours.
12.2.1.2 Negotiated Interval: The Company will negotiate a Service
Date Interval with the Customer when:
12.2.1.2.1 The Customer requests a Service Date before or
beyond the applicable Standard Interval Service date;
or
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 46
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options for Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.1.2 Negotiated Interval (Continued)
12.2.1.2.2 There is no existing facility connecting the Customer
Premises with the Company or
12.2.1.2.3 The Customer requests a Service that is not considered
by the Company to be a standard Service offering
(for example, if Additional Engineering is required
to complete the order); or
12.2.1.2.4 The Company determines that Access Service cannot
be installed within the Standard Interval.
The Company will offer a Service Date based on the type and quantity of Access
Services the Customer has requires. The negotiated Interval may not exceed by more than
six months the Standard Interval Service Date, or when there is no Standard Interval, the
Company offered Service Date. All Services for which rates are applied on an Individual
Case Basis are provided with a Negotiated Interval.
12.2.2 Access Service Request Modifications
The Customer may request a modification of its ASR prior to the Service
Commencement Date. All modifications must be in writing using the industry ASR
process. The Company, in its sole discretion, may accept a verbal modification from the
Customer. The Company will make every effort to accommodate a requested
modification when it is able to do so with the normal work force assigned to complete
such an order within normal business hours. Charges for Access Service Order (ASR)
modification will apply as set forth below, on a per occurrence basis.
Any increase in the number of Special Channels, Switched Access Service lines, trunks,
transport facilities, Out of Band Signaling connections or any change in engineering or
functionality of a Service will be treated as a new ASR with a new Service Date Interval.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 47
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.2 Access Service Request Modifications (Continued)
12.2.2.1 Service Commencement Date Charges
ASR Service dates for the installation of new Services or
rearrangement of existing Services may be changed, but the new
Service date may not exceed the original Service Commencement
Date by more than 30 calendar days. Then, if for any reason the
Customer indicates that Service cannot be accepted for a period not
to exceed 30 calendar days, and the Company accordingly delays
the start of Service, a Service Change will apply. In addition,
when the Customer submits a request for a Service Date Change
that is less than five business days from the date of
notification by the Customer, a Service Date Charge and an
Expedite Charge will apply. No Expedite Charge will apply if the
Customer requests a Service Date Change that is more then five (5)
business days from the date of request by the Customer, but earlier
than the original requested Service Commencement Date.
If the Customer requested Service date is more than 30 Calendar
days after the original Service date, the order will be cancelled by
the Company on the 31st day. Appropriate Cancellation Charges
will be applied. If the Customer still requires the Service, the
Customer must place a new ASR with the Company. The Service
Date Change charge will apply on a per order, per occurrence basis
for each Service date changed. The applicable charges are set forth
in Section 15.1.3.2.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 48
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.2.2 Design Change Charge
The Customer may request a Design Change to the Service ordered. A
Design Change is any change to an ASR which requires Engineering
Review. An Engineering Review is a review by the Company personnel
of the Service ordered and requested changes to determine what
change(s) in design, if any, are necessary to meet the Customer’s
request. Design Changes include such changes as the addition or deletion
of optional features or functions, a change in the type of transport
termination or type of channel interface. Any other changes are not
considered Design Changes for purposes of this subsection and will
require issuance of a new ASR and the cancellation of the original ASR
with appropriate Cancellation Charges applied.
The Design Change Charge will apply on a per order, per occurrence basis
for each order requiring a Design Change. The applicable charges, as set
forth in Section 15.1.3.2 are in addition to any Service Date Change
Charges that may apply.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 49
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options For Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.2.3 Expedited Order Charge
When placing an Access Order for Service(s) for which a Standard
Interval exists, a Customer may request a Service Commencement Date
that is earlier than the Standard Interval Service Date, in which case an
Expedite Charge will apply. The Expedite Charge will not apply if the
new Service Commencement Date is more than five days from the date
of the request to the Company of the Expedited Order request.
However, if upon reviewing availability of equipment and scheduled
workload, Company agrees to provide Service on an expedited basis
and Customer accepts Company’s proposal, an Expedite Charge will
apply. If the Company is subsequently unable to meet an agreed upon
expedited Service date, then the Expedited Charge will not apply.
In the event the Company provides Service on a expedited basis on the
Customer’s request, and the Customer delays Service or is not ready for
delivery of Service at the time of installation, a Service Date Change
Charge will apply in addition to the Expedite Charge.
In the event that the Customer cancels an expedite request, the
Expedite Charge will be added to any applicable Cancellation Charge
specified herein.
In the event that the Customer requests a Service Date Change after the
Company has received the original expedite request, the Expedite
Charge will still apply.
An Expedite Charge will not be applied to orders expedited for
Company reasons.
If costs other than additional administrative expenses are to be incurred
when the Access Order is expedited, the regulations and charges for
Special Construction as set forth in this Tariff will apply.
The Expedited Order Charge will apply on a per order, per occurrence
basis, as specified in Section 15.1.3.2.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 50
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options for Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.3 Cancellation of an Access Service Request
A Customer may cancel an ASR for the installation of Switching Access Service
at any
time prior to notification by the Company that Service is available for the
Customer’s
use. The Cancellation Date is the date the Company receives written or verbal
notice from the Customer that the order is to be canceled. The verbal notice must
be followed by written confirmation within ten (10) days. A Customer may
negotiate an extension of the Service date of an ASR for installation of new
Service or rearrangement of existing Service, in which case a Service Date
Change Charge will apply. However, the new Service date cannot exceed the
originally established Service date by more than 30 calendar days. On the 31st
day beyond the original Service date, the ASR will be canceled and the
appropriate Cancellation Charge will be applied.
Except as stated herein, Cancellation Charges will apply as specified in Section
15.1.3.3.
If the cancellation occurs prior to the Company’s receiving the ASR, no charges
shall apply.
Cancellation Charges for Expedited Orders will be applied for an order canceled
from the Application Date forward.
If the Company misses a Service date for a Standard or Negotiated Interval
Access Order by more than 30 days due to circumstances such as Acts of God,
governmental requirements, work stoppages and civil disturbances, the Company
shall not be liable for such delay and the Customer may cancel the ASR without
incurring Cancellation Charges.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 51
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 12 – Ordering Options for Switched Access Service (Continued)
12.2 Access Order (Continued)
12.2.4 Minimum Period of Service
The minimum period for which Switched Access Service is provided and for
which charges are applicable is one month.
12.2.4.1 The following changes will be treated as a discontinuance of the
existing Service and a request for installation of a new Service. All
associated non-recurring charges will apply for the new Service, and a
new minimum period will be establishes:
12.2.4.1.(a) a change in the identity of the Customer of
record;
12,2,4,1.(b) a move by the Customer to a different
building;
12.2.4.1.(c) a change in type of Service;
12.2.4.1.(d) a change in Switched Access Service
Interface
(i.e., DSL or DS3);
12.2.4.1.(e) a change in Switched Access Service Traffic
Type;
12.2.4.2 When Access Service is disconnected prior to the expiration of the
minimum period, changes are applicable for the balance of the
minimum period. The Minimum Period Charge for monthly billed
Services will be determined as follows:
12.2.4.2.(a) For Switched Service, the charge for a
month or fraction thereof is the applicable
minimum monthly charge for the
capacity made available to the Customer.
12.2.4.2.(b) All applicable Non-Recurring Charges for
the Service will be billed in addition to the
Minimum Period Charges
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 52
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 13 – Carrier Common line Service
The Company will provide Carrier Common line Access Service (Carrier Common One line
Access) to Customers in conjunction with Switched Access Service provided in Section 14 of
this Tariff.
13.1 General Description
Carrier Common line Access provides for the use of end users Company provided
common one line by Customers for access to such End Users to furnish Communications
Services.
13.2 Limitations
13.2.1 Exclusions
Neither a telephone number nor detail billing are provided with Carrier Common
Line Access. Additionally, directory listings and intercept arrangements are not
included in the rates and charges for Carrier Common line Access.
13.2.2 Access Groups
All trunk side connections provided in the same access group will be limited to
the same features and operating characteristics.
13.3 Undertaking of the Company
13.3.1 Provision of Service
Where the Customer is provided Switched Access Service under other sections
of this Tariff, the Company will provide the use of Company common lines by a
Customer for access to end users at rates and charges as set forth in 15.1.3
following.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 53
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 13 – Carrier Common line Service (Continued)
13.3 Undertaking of the Company (Continued)
13.3.2 Interstate and Intrastate Use
The Switched Access Service provided by the Company includes the Switched
Access Service provided for both interstate and intrastate commissions. The
Carrier Common line Access rates and charges as set forth in 15.1.3.4.2
following apply to intrastate Switched Access Service access minutes.
13.4 Obligations of the Customer
13.4.1 Switched Access Service Requirements
The Switched Access Service associated with Carrier Common line Access
shall be ordered by the Customer under other sections of this Tariff.
13.4.2 Supervision
The Customer facilities at the premises of the ordering Customer shall provide the
necessary on-hook and off-hook supervision.
13.5 Determination of Usage Subject to Carrier Common line Access Charges
Except as set forth herein, all Switched Access Service provided to the Customer will be
subject to Carrier Common line Access Service.
13.5.1 Determination of Jurisdiction
When the Customer reports interstate and intrastate use of Switched Access
Service, the associated Carrier Common line Access used by the Customer
for interstate will be determined as set forth in 3.4.1 (Percent Interstate Use –
PIU).
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 54
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 13 – Carrier Common line Service (Continued)
13.6 Measuring and Recording of Call Detail
When Access minutes are used to determine Carrier Common line charges, they will
be accumulated using call detail recorded by Company equipment. The Company
measuring and recording equipment will be associated with end office or local tandem
switching equipment and will record each originating and terminating access minute
where answer supervision is received. The accumulated access minutes will be summed
on a line-by-line basis, by line group or by end office, whichever type of account is
used by the Company, for each Customer and then rounded to the nearest minute.
13.7 Billing Charges
13.7.1 Access minutes for all Switched Access Service subject to Carrier Common
line Charges will be multiplied by the Access Per Minute Rate as set forth in
Section 15.1.3.4.2 following.
13.8 Determination of Charges
13.8.1 Carrier Common line Charges will be billed to each Switched Access Service
provided further under this Tariff, in accordance with the rates as set forth in
Section 15.1.3.4 following.
13.8.2 Carrier Common line Access per minute charge(s) apply to:
13.8.2.1 all Terminating Access Minutes of Use.
13.8.2.2 less those Terminating Access Minutes of Use associated with
Mobile Telephone Switching Offices (MTSOs) if the MTSO
has a Contract for Services with Company.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 55
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 13 – Carrier Common line Service (Continued)
13.8 Determination of Charges (Continued)
13.8.2 Carrier Common line Access per minute Charge(s) apply to (Cont.)
13.8.2.3 all Originating Access Minutes of Use associated with calls placed
to 700, 800 and 900 numbers, less those Originating Access
Minutes of Use associated with calls placed to 700, 800 and 900
numbers for which the Customer furnishes for each month a report
of either the number of calls or minutes or a report of the percent
of calls or minutes that terminate in a Switched Access Service that
is assessed Carrier Common line Charges.
When the Customer makes this report available to the Company in
advance of billing, these minutes of use will be charged on the
current bill as originating minutes of use as set forth in 13.8.2.3.(d)
following. If a billing dispute arises concerning the Customer
provided report, the Company will request the customer to provide
the data the Customer used to develop the report. The Company
will not request such data more than once a year. The Customer
shall supply the data within 30 days of the Telephone Company
request.
When this report is not available to the Company until after billing,
it shall be used by the Company to calculate and post a credit to the
Customer’s account. The credit shall be posted to the Customer’s
account within 30 days of receipt of the report. The credit shall be
calculated by multiplying the number of access minutes of use, for
which a credit is determined to be applicable, times the difference
between the terminating and originating Carrier Common line
Charges in effect when the calls were completed.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 56
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 13 – Carrier Common line Service (Continued)
13.8 Determination of Charges (Continued)
13.8.2.4 The Originating Access per minute charge(s) apply to:
13.8.2.4.(a) all Originating Access Minutes of Use,
13.8.2.4.(b) all Originating Access Minutes of Use where the
off-hook supervisory signaling is forwarded by the
Customer’s equipment when the called party
answers,
13.8.2.4.(c) less all Originating Access Minutes of Use
associated with calls placed to 700, 800 and 900
numbers,
13.8.2.4.(d) less those Originating Access Minutes of Use
associated with Mobile Telephone Switching
Offices (MTSOs), if the MTSO has a Contract
for Services with the Company.
13.8.2.4.(e) plus all Originating Access Minutes of Use
associated with calls placed to 700, 800 and 900
numbers for which the Customer furnishes for each
month a report of either the number of calls or
minutes or a report of the percent of calls or minutes
that terminate in a Switched Access Service that is
assessed Carrier Common line charges, and for
which a corresponding reduction in the number of
Terminating Access Minutes of Use has been made
as set forth in 13.8.2.3.(c) preceding.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 57
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service
14.1 General
Switched Access Service, which is available to Customers for their use in furnishing their
Services to End Users, provides a two-point communications path between a Customer’s
Premises and an End User’s Premises. It provided for the use of common terminating
switching and transport facilities. Switched Access Service provides the ability to
originate calls from an End User’s Premises location to a Customer’s Premises and to
terminate calls from a Customer’s Premises to an End User’s Premises.
Rates and charges are set forth in Section 15. The application of rates for Switched
Access Service is described in Section 15.1.3.4.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 58
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.2 Provision and Description of Switched Access Service Agreements
Switched Access Service is provided in the following Service type;
14.2.1 Feature Group D (FGD) Access
FGD Access, which is available to all Customers, is provisioned at the SDI level
and provides trunk-side access to Company Local Switching Center switches,
with an associated uniform 10XXX Access Code for Customer’s use in
originating and terminating communications. Basic FGD Service will be provided
with Multi-Frequency In-Band Signaling. SS7 is also available as a Common
Switching Option for Feature Group D. In addition, Conventional Signaling for
Direct Carrier Trunk Groups is available at Customer’s option. End Users of
Customer’s Service may also originate calls to certain FGD Access Customers
without dialing the 10XXX Access Code if End User is presubscribed as
described herein.
The Access Code for FGD switching is a uniform Access Code of the form
10XXX. A single Access Code will be the assigned number of all FGD access
provided to the Customer by the Company. No access Code is required for calls to
a Customer over FGD Switched Access Service if the End User’s telephone
exchange Service is arranged for Pre-subscription to that Customer, as set forth
herein.
Where no Access Code is required, the number dialed by the Customer’s End
User shall be a seven or ten digit number for calls in the North American
Numbering Plan (NANP), except for 00- dialed calls which are routed to the pre-
designated Customer. For international calls outside the NANP, a seven to twelve
digit number maybe dialed. The form of the numbers dialed by the Customer’s
End User is NXX-XXXX, 0 OR 1 + NXX-XXXX, NPA +NXX-XXXX, 0 or 1 +
NPA = NXX-XXXX, and when the local Switching Center is equipped for
International Direct Distance Dialing (IDDD), O + CC + NN or 011 + CC + NN.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 59
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.2.1 Feature Group D (FGD) Access (Continued)
When the 10XXX Access Code is used, FGD switching also provides for dialing
the digit 0 for access to the Customer’s operator, 911 for access to the Company’s
emergency Service, or the end-of –dialing digit (#) for cut-through access to the
Customer’s Premises.
In addition End User may originate calls by dialing the 950-XXXX Access Code
specific to a particular Interexchange Carrier provided that Interexchange Carrier
has subscribed to the Company’s Feature Group D with 950 Access Common
Switching Optional Feature. If the End User is presubscribed to that
Interexchange Carrier, no Access Code is necessary.
14.2.2 Manner of Provision
Trunks used for switched Access Service may be configured for one-way (either
originating only or terminating only) or for two-way directionality. It is the
Customer’s responsibility to order a sufficient number of trunks of each type in
order to meet its desired grade of Service objective. At the Customer’s request,
the Company will assist the Customer in sizing Switched Access Trunk groups.
14.2.3 Rate Categories
The following rate categories apply to Switched Access Service:
Direct Connect
Tandem Connect
14.2.3.1 Except as stated as follows, Tandem Connect Service is provided
in conjunction with the tandem provider serving the area. Charges
are computed in accordance with Section 4.2.8 preceding
(Ordering, Rating, and Billing of Access Services Where More
Than One Exchange Carrier is Involved).
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 60
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.2 Provision and Description of Switched Access Service (Continued)
14.2.3 Rate Categories (Continued)
14.2.3.2 Direct Connect
The Company will provide Direct Connects between the
Customer’s Premises and the Company’s Local Switching Center
switch(es). This transmission path is dedicated to the use of a
single Customer. DSI and DS3 facilities are available for Direct
Connect Service. A DSI facility is capable of transmitting
electrical signals at a nominal 1.544 Mbps, with the capability to
channelize up to 24 voice frequency transmission paths. A DS3
facility is capable of transmitting electrical signals at a nominal
44.736 Mbps, with the capability to channelize up to 672 voice-
frequency transmission paths. For DS3 facilities, if the Company is
required to install additional fiber optic equipment for the benefit
of the Customer, the Customer has the option to choose either an
optical or electrical interface. This Direct Connect rate category is
comprised of a monthly Entrance Facilities Charge and a Per
Minute of Use End Office Switching charge as specified in
15.1.3.4.
14.2.3.3 Tandem Connect: Tandem Connect consists of circuits from the
point of interconnection with Customer’s tandem provider to the
Company’s Local Switching Center. This Tandem Connect rate
category is comprised of a Minutes of Use (MOU) based End-
Office switching and tandem switched transport charges.
14.2.4 Design Layout Report
At the request of the Customer the Company will provide to the Customer the
makeup of the facilities and Services provided from the Customer’s Premises to
the first point of switching. This information will be provided in the form of a
Design Layout Report. The Design Layout Report will be provided to the
Customer at no charge.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 61
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.2 Provision and Description of Switched Access Service Agreements (Cont.)
14.2.5 Acceptance Testing
At no additional charge the Company will, at the Customer’s request,
cooperatively test at the time of installation the following parameters: loss, C-
notched noise, C-message noise, 3-tons slope, d.c. continuity and operational
signaling.
14.2.6 Ordering Options and Conditions
Switched Access Service is ordered under the Access Order provisions set forth in
Section 12.2. Also included in that section are other charges which may be
associated with ordering Switched Access Service.
14.2.7 Competitive Pricing Arrangements
Competitive pricing arrangements for Local Transport – Entrance Facilities and
Local Transport-Direct Trunked Transport can be furnished to meet the
communications needs of specific Customers on a case-by-case basis under
individual contracts. Notice of the Competitive Pricing Arrangement Contracts,
once executed, will be filed with Commission according to Commission rules.
14.3 Obligations of Company
In addition to the obligations of the Company ser forth in other sections of this Tariff, the
Company has certain other obligations concerning the provision of Switched Access
Service. These obligations are as follows:
14.3.1 Network Management
The Company will administer its Network to ensure the provision of acceptable
Service levels to all telecommunications users of the Company’s Net work
Services.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 62
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.3 Obligations of Company (Continued)
14.3.1 Network Management (Continued)
Service levels are considered acceptable only when both End Users and
Customers are able to establish connections with little or no delay encountered
within the Company Network. Company reserves the right to apply protective
controls, (i.e., those actions, such as call gapping, which selectively cancel the
completion of traffic), over any traffic carried over its Network, including that
associated with a Customer’s Switched Access Service. Generally, such
protective measures would only be taken as a result of occurrences such as failure
or overload of Company or Customer facilities, natural disasters, mass calling or
national security demands. Customer will notify Company of anticipated peaked
Services as stated below. Based on the information provided Company, Company
will work cooperatively with Customer to determine the appropriate level of
control. In the event that the protective controls applied by Company result in the
complete loss of Service by Customer, Customer will be granted a credit
allowance for Service interruption as set forth in Section 9.
When a Customer uses the Company’s facilities to offer Services for which a
substantial call volume or peaked Service is expected during a short period of
time, the Customer must notify the Company at least 24 hours in advance of each
peak period. For events scheduled during weekends or holidays, the Company
must be notified no later than 5:00 p.m. local time the prior business day.
Notification should include the nature, time, duration, and frequency of the event,
an estimated call volume, and the NPA NXX and one line number(s) to be used.
On the Basis of the information provided, the Company may invoke network
management controls, if required, to reduce the probability of excessive Network
congestion. The Company will work cooperatively with the Customer to
determine the appropriate level of such control. Failure to provide prescribed
notification may result in Customer caused Network congestion which could
result in discontinuance of Service under Section 4.5.2.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 63
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 14 – Switched Access Service (Continued)
14.4 Obligations of the Customer
In addition to obligations specified elsewhere in the Tariff, the Customer has certain
specific obligations pertaining to the use of Switched Access Service as follows:
14.4.1 Report Requirements
When a Customer orders Switched Access Service for both interstate and
intrastate use, the Customer is responsible for providing Jurisdictional Reports as
set forth in Section 3.4 preceding. Charges will be apportioned in accordance with
those reports. The method for determining the intrastate charges is set forth
therein (Section 3.4).
14.4.2 Supervisory Signaling
The Customer’s premises equipment shall provide the necessary on-hook, off-
hook answer and disconnect supervision.
14.4.3 Design of Switched Access Services
It is the Customer’s responsibility to assure that sufficient Access Services have
been ordered to handle its traffic.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 64
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 15 – Rates and Charges
15.1 Rates for Switched Access Services
There are three types of rates and charges that apply to Switched Access Service . These
are Monthly Recurring Charges, Usage Rates and Non-Recurring Charges.
Monthly Recurring Charges: Monthly Recurring Charges are flat rates for facilities
that apply each month or fraction the thereof that a specific rate element is provided.
Usage Rates: Usage rates are rates that are applied on a per access minute or per query
basis. Usage Rates are accumulated over a monthly period.
Non-Recurring Charges: Non-Recurring Charges are one time charges that apply for a
specific work activity (i.e., installation of new Service or change to an existing Service).
Installation of Service: Non-Recurring Charges apply to each Switched Access
Service installed. The charge is applied per one line or trunk..
15.1.1 Application of Rates
15.1.1.1 Direct Connect:
The Direct Connect Rate is assessed based on the total of the
monthly Entrance Facilities Charge and the Monthly Usage charge.
The Monthly Facilities Charge consists of a fixed rate based on the
type of the facilities, (i.e., DS1 or DS3), and may include a per
mile rate.
15.1.1.2 Tandem Connect:
The Tandem Connect Rate is assessed based on the Monthly Usage
charges for End-Office switching and Tandem Switched Transport.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
ORBITCOM Tariff No. 1
Original Page No. 65
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 15 – Rates and Charges (Continued)
15.1 Rates for Switched Access Services (Continued)
15.1.2 Billing of Access Minutes
When recording originating calls over FGD with multi-frequency address
signaling, usage measurement begins when the first wink supervisory signal is
forwarded from the Customer’s facilities. The measurement of originating call
usage over FGD ends when the originating FGD entry Switch received disconnect
supervision from either the originating End User’s Local Switching Center
(indicating that the originating End User has disconnected), or the Customer’s
facilities, whichever is recognized first by the entry switch.
For terminating calls over FGD with multi-frequency address signaling, the
measurement of access minutes begins when a seizure signal is received from the
Carrier’s trunk group at the Point of Presence within the LATA. The
measurement of terminating call usage over FGD ends when a disconnect signal
is received, indicating that either the originating or terminating user had
disconnected.
When recording originating calls over FGD with SS7 signaling, usage
measurement begins with the transmission of the initial address message by the
switch for direct trunk groups, and with the receipt of an exit message by the
switch for tandem trunk groups. The measurement of originating FGD usage ends
when the entry switch receives or sends a release message, whichever occurs first.
For terminating calls over FGD with SS7 signaling, the measurement of access
minutes begins when the terminating recording switch receives the initial address
message from the terminating End User. On directly routed trunk groups or on
tandem routed trunk groups, the Company switch received the initial address
message and sends the indication to the Customer in the form of an answer
message. The measurement of termination FGD call usage ends when entry
switch receives or sends a release message, whichever occurs first.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho
OrbitCom.Inc.Tariff No.I
Second Revised Page No.67
State of Idaho
Issued:May 8.2013 Effective:July 1,2013
Switched Access Services
Section 15 -Rates and Charges (Continued)
151.3 Rates and Charges (Continued)
151.34.2 Carrier Common line Rates
Per Access Minute of Use
Originating $0.03 8905
Terminating $0.000000
15.13.4.3 Switched Transport Usage Rates
Access Rate Access Rate
Per Minute Per Mile
Local Transport
Originating $0.0000000 $0.0000000
Terminating $0.0000000 $0.0000000
Tandem Switching
Originating $0.007700 $0.007700
Terminating $0.000000 $0.000000 (R)
Tandem Transport Originating
Per Minute Per Mile
Between 0 and 8 miles $0.000237 $0.000015
Over 8 to 25 Miles $0.000273 $0.000018
Over 26 to 50 Miles $0.000308 $0.000019
Over 50 miles $0.0003 11 $0.000020
Tandem Transport Terminating
Between 0 and 8 miles $0.000000 $0.000000 (R)
Over 8 to 25 iMiles $0.0000000 $0.000000 (R)
Over 26 to 50 Miles $0.000000 $0.000000 (R)
Over 50 miles $0.0000000 $0.000000 (R)
I4ato Pubc Utitles Commission
Olfico the SecretaryIssuedByBradVanLeurPresidentiRFft NGOrbitCom,Inc.
1701 N.LouiseAve.JU’1 2013SiouxFalls,SD 57107
605-977-6900
ORBITCOM Tariff No. 1
Original Page No. 69
State of Idaho
Issued: September 29, 2008 Effective: October 9, 2008
Switched Access Services
____________________________________________________________________________
_____________________________________________________________________________________________
Issued By: Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
605-977-6900
Section 15 – Rates and Charges (Continued)
15.4 Underbilling
If charges are found to be lower than authorized by the Company’s Tariffs or Terms and
Conditions of Service, or if the Company failed to bill the Customer for Service then:
15.4.1 The Customer may be back billed for the amount that was underbilled for no
more than six months from the date the error was discovered unless underbilling
is a result of theft of Service by the Customer.
15.4.2 Service may be disconnected if the customer fails to pay charges arising from an
underbilling.
15.4.3 If the underbilling is $50.00 or more, the company may offer the customer a
Deferred Billing Plan option for the same length of time as that of the under-
billing. A Deferred Payment Plan may not be offered to a Customer whose
underpayment is due to theft of Service.
15.4.4 Interest on underbilled amounts shall:
15.4.41 not be charged unless such amounts are found to be the result of
theft or Service by the Customer, and
15.4.4.2 not exceed an amount based on the rate set by the Commission on
December 1 of the preceding year, compounded monthly, and
accruing from the day the Customer is found to have first tampered
with, bypassed, or diverted Service.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 9, 2008
Boise, Idaho