WilTel Communications LLC Tariff No 1.pdf

WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Title Page
Cancels Original Title Page
REGULATIONS AND SCHEDULE OF CHARGES
APPLICABLE TO INTRASTATE INTEREXCHANGE NON-SWITCHED SERVICES
FURNISHED BY
WIL TEL COMMUNICATIONS, LLC.
One WilTel Center
Tulsa, Oklahoma 74103
Telephone: [phone] or
Toll Free: [phone]
This tariff contains the rates, terms and conditions applicable to intrastate
interexchange services offered by WilTel Communications, LLC. of Tulsa
Oklahoma within the State of Idaho. The services described in this tariff are
offered throughout Idaho. The provisions of this tariff apply to all WilTel
Communications intrastate interexchange services described in this tariff.
The services described in this tariff may be provided by any means of wire
terrestrial communications systems, satellite, microwave, and other transmission
systems, or any combination thereof.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 1
Cancels Original Page 1
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original
and revised pages as named below contain all changes from the original tariff that are in effect on
the date shown on each page.
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These tariff pages are included in this filing.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 2
Cancels Original Page 2
TABLE OF CONTENTS
Check Sheet ......................................................
......................................................
Table of Contents........................................... ...................
............. ..........................
Tariff Format.... ................ ......................
... ... ............. ..... ..... ...... ...... ............ ......... ....
C()tlc;llrritlg, j)GLrticil'GLtitlg GLtlcl C:()nnec;titlg CGLrriers .................................................
Symbols.. ..... .......
..... ... .............. ..... ........... ... .... ... ................... ................ ... ................
Application of Tariff....... ........
....................... ............. ..... ..................................... ...
Section 1 - Terms and Abbreviation.. ......
........ .......... .............. ........... ...... .... ..... ......
Section 2 - Rules and Regulations....................................................................... ..
Section 3 - Application of Technical Standards.....................................................37
Section 4 - Service Descriptions and Rates ...........................................................41
Section 5 - Contracts and Promotions........
.......... ........ .............. ....... .................... .
ISSUED: August 2, 2004 EFFEC:TIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 st Revised Page 3
Cancels Original Page 3
WILTEL COMMUNICATIONS, LLC. (T)
TARIFF FORMAT
Page Numbering - Page numbers appear in the upper right comer of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When a
new page is added between pages already in effect, a decimal is added.
Page Revision Numbers - Revision numbers also appear in the upper right comer of
each page. These numbers are used to determine the most current page version on file
with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page
14. Because of the various suspension periods and deferrals the Commission follows in
its tariff approval process, the most current page number on file with the Commission is
not always the tariff page in effect. Consult the check sheet for the page currently in
effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each
level of coding is subservient to its next higher level:
1.1.A
1.1.A.
1. l.A. 1. (a)
J\.(a).
( a).I.(i)
(a).I.(i).(I)
Check Sheets - When a tariff filing is made with the Commission an updated check
sheet accompanies the filing. The check sheet lists the pages contained in the tariff, with
a cross reference to the current revision number. When new pages are added, the check
sheet is changed to reflect the revision. All revisions made in a given filing are
designated by an asterisk (*). There shall be no other symbols used on this page if these
are the only changes made to it. The tariff user should refer to the latest check sheet to
find out if a particular page is the most current on file with the Commission.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff J\dministrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 st Revised Page 4
Cancels Original Page 4
WILTEL COMMUNICATIONS, LLC. (T)
CONCURRING CARRIERS
None
CONNECTING CARRIERS
None
OTHER PARTICIPATING CARRIERS
None
EXPLANATION OF SYMBOLS
Changes to this tariff shall be identified on the revised page( s) through the use of symbols. The
following are the only symbols used for the purposes indicated below:
(C)
(D)
(I)
(M)
(N)
(R)
(S)
(T)
(Z)
To signify changed regulation.
To signify discontinued rate or regulation.
To signify an increase.
To signify matter relocated without change.
To signify new rate or regulation.
To signify reduction.
To signify reissued matter.
To signify change in text but no change in rate or regulation.
To signify a correction.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 5
Cancels Original Page 5
APPLICATION OF TARIFF
This Tariff includes the rates, terms and conditions of service applicable to the furnishing of the
within described intrastate interexchange services by WilTel Communications, LLC., within the
State of Idaho. This Tariff applies only to Services subject to regulation by the Idaho Public
Service Commission. This Tariff does not apply to the within described Services which are
provided by WilTel Communications, LLC.
(a)to other communications carriers pursuant to any contractual arrangements;
(b)pursuant to other WilTel Communications, LLC. tariffs unless specifically stated
therein;
(c)
(d)
to affiliates of the Company; and
on an interstate or international basis.
ISSUED: August 2, 2004 EFFECTNE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 s1 Revised Page 6
Cancels Original Page 6
SECTION 1 - TERMS AND ABBREVIATIONS
Alternative Access - A form of Local Access except that the provider of the Service is an entity,
other than the Local Exchange Carrier, authorized or permitted to provide such Service.
Acceptance/Accepted - The concurrence by Customer and Company that, following
Installation, a Service is fully operational and ready for Customer use. In any event once
Customer commences using the Service, Acceptance shall be deemed to have occurred.
Access Service Request (ASR) - An order placed with a Local Access Provider for Local
Access.
Analog - A mode of transmission in which information is transmitted by converting it to
continuously variable electrical signal.
Ancillary Charges - Charges for supplementary Services as set forth in this Tariff which may
consist of both nonrecurring and monthly recurring charges.
Authorized User - A person, firm, corporation or other entity (including Customer) that 1) is
authorized by the Customer to be connected to and utilize the Company s services under the
terms and regulations of this tariff or 2) either is authorized by the Customer to act as Customer
in matters of ordering, changing or canceling Service or is placed in a position by the Customer
either through acts or omissions, to act as Customer in such matters. Such actions by an
Authorized User shall be binding on Customer and shall subj ect Customer to any associatedcharges.
Available/Availability - Condition in which Company has on its network Circuits between
specific POPs (as may be requested by Customer) and such Circuits are not already committed to
other parties or other Customers and are accessible for Service to Customer, as determined by the
Company, in its sole discretion.
Base Rate - The nondiscounted monthly recurring charge for Private Line Service.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 7
Cancels Original Page 7
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
Bill Date/Billing Date - The date on which billing information is compiled and sent to the
Customer.
Channel(s) or Circuit(s) - A dedicated communications path between two or more points.
Commission - The Idaho Public Service Commission.
Company or Carrier - WilTel Communications, LLC. unless otherwise clearly indicated by the
context.
Cross-Connect - Electrical connection within a POP of two Circuits in order to complete
connectivity between such Circuits.
Customer - The person, firm, corporation governmental unit or other entity (including the
successors and assigns of such entities and their Authorized Users) which arranges for the
Company to provide, discontinue or rearrange telecommunications services on behalf of itself or
others; uses the Company s telecommunications services; and is responsible for payment of
charges, all under the provisions and terms of this tariff.
Customer Premise/Customer s Premise - Locations designated by a Customer or Authorized
User (regardless as to whether the designated premises are controlled or operated by such
Customer) where Service is originated/terminated for Customer s own needs or for the use of
third parties.
Dedicated Service - Point-to-point interexchange Channel(s) or Circuit(s) provided to a
Customer between POPs by the Company and available for use twenty-four hours a day, seven
days a week.
Digital - A mode of transmission in which information is coded in binary form for transmission
on a network.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 8
Cancels Original Page 8
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
Diversity - Customer-designated routing agreed to by an authorized representative of Company
which indicates a Customer designated departure from a Company Primary Route. The provision
of Diversity with respect to Circuits may entail Circuits routed on physically separate facilities on
a geographic or systems basis (to the extent possible, i., 100% route Diversity on a POP-to-POP
or Customer Premise-to-Customer Premise basis is not guaranteed) between the same city pair
where the facilities required to provide the relevant Circuits are determined by Company to be
Available. Diversity arrangements shall be ICB.
DS-O - Digital Signal Level 0 Service, a 64 Kbps signal.
DS-l - Digital Signal Level 1 Service, a 1.544 Mbps signal.
DS-3 - Digital Signal Level 3 Service, a 44.736 Mbps signal.
DS-O with Analog Access - Service with Analog Local Access facilities provides for the
transmission of analog voice and/or data within the 300 hertz to 3000 hertz frequency range.
DS-O with Digital Access - Service with Digital Local Access facilities provides for the
transmission of Digital data at speeds of2.4, 4., 9., 19., 56 or 64 Kbps.
Due Date - The date on which payment is due as indicated on Company s invoice to Customer.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 9
Cancels Original Page 9
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
Expedited Service Order - A Service Order that is processed at the request of the Customer in a
time period shorter than the Company standard Service interval.
FCC - Federal Communications Commission.
Fractional DS-l - A Service provided in multiples of 2 to 24 DS-O channels and connected to a
Customer Premise via DS-l level Local Access facilities.
Individual Case Basis (ICB) - Determinations involving situations where nonstandard
arrangements are required to satisfy specialized needs. The nature of such Service requirements
makes it difficult or impossible to establish general Tariff provisions for such circumstances.
When it becomes possible to determine specific terms and conditions for such offerings, they
shall be offered pursuant to such terms and conditions when set forth in writing and subscribed to
by authorized representatives of Customer and Company.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 10
Cancels Original Page 10
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
Installation - Establishment of Service.
Interexchange Service - Service provided to a Customer over a Channel or Circuit between a
Company designated POP in one exchange and a Company designated POP in another exchange.
Interruption - A condition whereby the Service or a portion thereof is inoperative (as defined in
Section 3.B), beginning at the time of notice by the Customer to Company that such Service
is inoperative and ending at the time of restoration (see Section 2.13.3).
Kbps - Kilobits per second.
LATA (Local Access Transport Area) - A geographical area established for the provision and
administration of communications Service, as provided for in the Modification of Final
Judgement (MFJ), the consent decree between GTE Corporation and the Department of Justice
and any further modifications thereto.
Local Access - The portion of the Service between a Customer Premise and a Company
designated POP.
Local Access Provider - An entity providing Local Access.
Local Exchange Carrier (LEC) - The local telephone utility that provides exchange telephone
servIces.
Mainland United States - The forty-eight (48) states within the continental United States of
America and the District of Columbia.
Mbps - Megabits per second.
NI A - Not applicable.
N/C - No charge.
Nonrecurring Charge - One-time charge relevant to Service.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 11
Cancels Original Page 11
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
OC-3 - Optical Circuit Level 3 Service, a 155.520 Mbps signal.
OC-12 - Optical Circuit Level 12 Service, a 622.080 Mbps signal.
On-Net - A Circuit traversing the Network, both end points of which originate or terminate at a
WilTel designated POP.
Off-Net - A circuit that is not On-Net.
Payment Method - The manner in which the Customer is authorized by the Company to pay
charges for Service.
Point-to-Point - Service provided between two POPs/Customer Premises.
POP (Point of Presence) - A Company designated location where a facility is maintained for the
purpose of providing access to the Company s Service where Available.
Primary Route - The route, which in the absence of a Diversity arrangement, would be solely
determined and used by Company in the provision of Service.
Requested Service Date - The date requested by the Customer for commencement of Service
and agreed to by Company.
Restore/Restored - To make Service operative following an Interruption by repair
reassignment, re-routing, substitution of component parts, or otherwise, as determined by the
Company or carriere s) involved.
Service - WilTel Private Line Service, including any requested or required Ancillary or
supplementary services, as described in this Tariff as modified from time to time.
Service Commitment Period - The period selected by the Customer, agreed to by Company and
stated on the relevant Service Order, during which Company will provide and Customer will
accept and pay for the Service described therein.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 12
Cancels Original Page 12
SECTION 1 - TERMS AND ABBREVIATIONS, (CONT'
Service Order - Standard Company order forme s), in effect from time to time, or Customer
forms accepted in writing by an authorized representative of Company for Service which in total
includes pertinent billing, technical and other descriptive information which shall enable
Company to provide Service.
Special Promotional Offerings - Authorized trial offerings, discounts, or modifications of
Company s regular Service offerings, which may, from time to time, be offered by Company to
Customers for a particular Service. Such offerings may be limited to certain dates, times, and
locations.
Start of Service - The Requested Service Date or the date or time Service first becomes
available for Customer use, whichever is later.
Tariff - The Company s Idaho Intrastate Tariff No. I , and effective revisions thereto filed by the
Company with the Commission.
Term - Service Commitment Period.
United States - For purposes of this tariff the term "United States" includes the Mainland United
States of America, Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, Guam, and the
Commonwealth of the Northern Mariana Islands (CNMI).
V & H Coordinates - Geographic points which define the originating and terminating points of a
private line in mathematical terms so that the airline mileage of the private line may be
determined. Private line mileage may be used for the purpose of rating calls.
WilTel- Used throughout this tariff to refer to WilTel Communications, LLC.
WilTel Network - The fiber optic digital telecommunications transmission system operated by
WilTel and which is capable of providing Service between WilTel designated POPs.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 13
Cancels Original Page
SECTION 2 - RULES AND REGULATIONS
Limitations of Services
1.1 The Company undertakes to furnish intrastate Interexchange Service pursuant to
the terms of this Tariff for the transmission of data, voice and/or video
communications. Any member of the general public (including any natural person
or legally organized entity such as a corporation, partnership, or governmental
body) is entitled to obtain Service under this Tariff provided that Company
reserves the right to deny Service: (i) to any Customer that, in Company
reasonable opinion, presents an undue risk of nonpayment and refuses to comply
with the deposit requirements set forth in Section 2., (ii) in circumstances in
which Company has reason to believe that the use of the Service would violate the
provisions of this Tariff or any applicable law or if any applicable law restricts or
prohibits provision of the Service, or (iii) if, in Company sole opinion
insufficient facilities or equipment are Available to provide the Service.
1.2 The provision of Service shall not create a partnership or joint venture between
the Company and Customer nor result in joint service offerings to their respective
customers.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
181 Revised Page 14
Cancels Original Page 14
SECTION 2 - RULES AND REGULATIONS, (CONT'
Use of Service
The Services offered herein may be used for any lawful purpose, including
residential, business, governmental, or other use, including joint use or resale by
Customer. Notwithstanding the joint use, sharing or resale of Service
Customer and regardless of the Company s knowledge of same, the Customer
remains liable for all obligations under this Tariff. The Company shall have no
liability to any person or entity other than the Customer and only as set forth in
Section 2.6. The Customer shall not use nor permit others to use the Service in a
manner that could interfere with Services provided to others or that could harm
the facilities of the Company or others.
Neither the Service furnished by the Company nor transmissions or
communications carried over such Service shall be used for any unlawful or
fraudulent purposes. Nor shall Service be used for any purpose for which any
payment or other compensation is received by the Customer except when the
Customer is a communications common carrier, a resale common carrier or an
enhanced service provider who has subscribed to the Service. However, this
provision does not preclude an agreement between the Customer and Authorized
Users in a joint use arrangement to share the cost of the Service as long as this
arrangement generates no profit for anyone participating in joint use
arrangement.
3 Company Services are not adapted to the use of recording devices, and
Customers who use such devices to record transmissions, or for other purposes
do so at their own risk. Neither Customer nor any other entity may record a
conversation except as permitted by applicable law.
ISSUED: August 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 15
Cancels Original Page
SECTION 2 - RULES AND REGULATIONS, (CONT'
Resale of Company Services
In addition to the other provisions in this Tariff, a Customer reselling Service shall
be responsible for all interaction and interface with its own subscribers or
customers. The reselling of Service by a Customer or reselling of Service with
enhancements provided by Customer shall not create a partnership or joint venture
between Company and Customer nor result in a joint service offering to any third
parties by either Company or the Customer.
Assignment and Transfer
2.4.All facilities provided under this Tariff are directly or indirectly controlled by
Company and the Customer may not transfer or assign the use of service or
facilities without the express written consent of the Company. All regulations and
conditions contained in this Tariff shall apply to all such permitted assignees or
transferees, as well as all conditions of service. Such transfer or assignment
when permitted, shall only apply where there is no interruption of the use or
location of the Service or facilities.
The obligations set forth in this Tariff shall be binding upon and inure to the
benefit of the parties hereto and their respective successors or assigns, provided
however, that the Customer shall not assign or transfer its rights or obligations
without the prior written consent of the Company.
Interconnection with Other Carriers
Service furnished by WilTel may be connected with the services or facilities of
other carriers, including local exchange services and/or facilities of a local
exchange carrier. Such service or facilities are provided under the terms, rates and
conditions of the other carrier and, at Customer s request, pursuant to Section
5.3.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 16
Cancels Original Page 16
WILTEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Liability of the Company
Except as otherwise specifically provided for in this Tariff, the Company and/or
its affiliates shall not be liable to Customer or any other person, firm or entity for
any failure of performance hereunder if such failure is due to any cause or causes
beyond the reasonable control of the Company. Such causes shall include
without limitation, acts of God, fire, explosion, vandalism, sabotage, cable cut
storm or other similar occurrence, any law, order, regulation, direction, action or
request of the United States government or of any other government or of any
civil or military authority, national emergencies, insurrections, riots, wars
condemnation, strikes, lockouts or work stoppages or other labor difficulties
supplier failures, shortages, breaches or delays, or preemption of existing Services
to restore Service in compliance with Part 64 Subpart D, Appendix A, of the
FCC's Rules and Regulations or other applicable laws, regulations, or orders.
The Company is not liable for any act or omission of any other company or
companies furnishing a portion of the Service or facilities, equipment, or services
associated with such Service.
The Company and its affiliates shall be indemnified and held harmless against and
from any court, administrative or agency action, suit or similar proceeding brought
against Company and/or any affiliate of the Company for:
all other claims arising out of any act or omission of the Customer or
Authorized Users in connection with any Service provided by the
Company;
August 2, 2004
(a)
ISSUED:
ISSUED BY:
claims arising out of or related to the contents transmitted via the Services
(whether over the Company network or Local Access Circuits) including,
but not limited to, claims, actual or alleged, relating to any violation of
copyright law, export control laws failure to procure necessary
authorizations, clearances or consents, failure to meet governmental or
other technical broadcast standards, or claims that such transmission
contents are libelous, slanderous, an invasion of privacy, pornographic, or
otherwise unauthorized or illegal;
(b)patent infringement claims arising from combining or connecting the
Service with equipment and systems of the Customer or Authorized Users;
(c)
EFFECTIVE: August 12, 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 5t Revised Page 1
Cancels Original Page 1
SECTION 2 - RULES AND REGULATIONS, (CONT'
Liability of the Company, (Cont'
(d)defacement of, or damage to, the premises of Customer and Authorized
Users resulting from the installation, and/or removal of facilities or the
attachment of instruments, equipment and associated wiring on or from the
Customer s Premises. No agents or employees of other participating
carriers shall be deemed to be agents or employees of the Company ;and
(e)claims arising out of the use of Services or associated equipment in an
unsafe manner (such as use in an explosive atmosphere) or the negligent or
willful act of any person other than the Company, its agents, or employees.
6.4 The Customer is responsible for taking all necessary legal steps for
interconnecting the Customer provided terminal equipment with the Company
facilities, including Local Access. The Customer shall ensure that the signals
emitted into the Company s network do not damage Company equipment, injure
personnel or degrade Service to other Customers. The Customer is responsible
for securing all licenses, permits, rights-of-way, and other arrangements necessary
for such interconnection. In addition, the Customer shall comply with applicable
Local Access Provider s signal power limitations.
The Company may rely on Local Access Providers for the performance of other
services such as Local Access. Upon Customer request and execution and
delivery of appropriate authorizing documents, the Company may act as agent for
Customer in obtaining such other services such as Local Access. Customer
liability for charges hereunder shall not be reduced by untimely installation or
non-operation of Local Access or Customer provided facilities and equipment.
The Customer indemnifies and holds 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 the Customer or by any other party or
persons, for any personal injury to, or death of, any person or persons, and for any
loss, damage or destruction of any property, whether owned by the Customer or
others, caused or claimed to have been caused directly or indirectly by the
installation or operation of Service or equipment and facilities of Company
associated with the Service, unless such installation, operation, failure to operate
maintenance, condition, location or use is the direct result of the Company
knowing and willful misconduct.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
181 Revised Page 18
Cancels Original Page 18
SECTION 2 - RULES AND REGULATIONS, (CONT'
Liability of the Company, (Cont'
The Company shall not be liable to the Customer or any other person, firm or
entity in any respect whatsoever as a result of mistakes, accidents, errors
omissions, Interruptions, delays, or defects in Service (collectively "Defects" or
Defective Service ). Defects caused by or contributed to, directly or indirectly,
by act or omission of Customer (including Authorized Users) or Customer
customers, affiliates, agents, representatives, invitees, licensees, successors or
assigns or which arise from or are caused by the use of facilities or equipment of
Customer or related parties shall not result in the imposition of any liability
whatsoever upon the Company, and Customer shall pay to the Company any
reasonable costs, expenses, damages, fees or penalties incurred by the Company
as a result thereof, including, without limitation, costs of Local Access Providers
labor and materials. In addition, all or a portion of the Service may be provided
over facilities of third parties, and the Company shall not be liable to Customer or
any other person, firm or entity in any respect whatsoever arising out of Defects
caused by such third parties. COMP ANY SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL PUNITIVE
OR ANY OTHER DAMAGES OR BUSINESS INTERRUPTION OR FOR
ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER
ARISING OUT OF ANY DEFECTIVE SERVICE OR ANY OTHER CAUSE.
ANY WARRANTIES AND REMEDIES EXPLICITLY SET FORTH IN THIS
TARIFF ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES
OR REMEDIES WHETHER EXPRESSED IMPLIED OR STATUTORY
INCLUDING WITHOUT LIMIT A TION IMPLIED WARRANTIES
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE EVENT OF AN INTERRUPTION IN SERVICE, ANY DEFECT IN THE
SERVICE WHATSOEVER OR A FAILURE TO PERFORM UNDER THIS
TARIFF, NEITHER COMPANY NOR ANY THIRD PARTY PROVIDER OR
OPERATOR OF FACILITIES EMPLOYED IN THE PROVISION OF THE
SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT
CONSEQUENTIAL, SPECIAL, ACTUAL PUNITIVE OR ANY OTHER
DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE
WHATSOEVER.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1st Revised Page 19
Cancels Original Page 19
SECTION 2 - RULES AND REGULATIONS, (CONT'
Liability of the Company, (Cont'
In the event parties other than Customer (e., Customer s customers or
Authorized Users) shall have use of the Service directly or indirectly through
Customer, Customer shall forever indemnify and hold Company and any
third-party provider or operator of facilities employed in provision of the Service
harmless from and against any and all claims, demands, suits, actions, losses
damages, assessments or payments which may be asserted by said parties arising
out of or relating to any Defects or any claims described in Section 2.6.3.
In the event that Company is required to perform a Circuit redesign due to
inaccurate information provided by the Customer or, Company incurs costs and
expenses under circumstances in which such costs and expenses are caused to be
incurred by the Customer or reasonably incurred by Company for the benefit of
the Customer, the Customer is responsible for the payment of any resulting costs
incurred by Company.
10 Customer agrees to defend the Company against the claims as set forth in this
Section 2.6 and to pay all reasonable litigation costs, attorneys' fees , court costs
settlement payments, and any damages awarded or resulting from any such claims.
The failure to give notice of default, to enforce or insist upon compliance with any
of the terms or conditions herein, the waiver of any term or conditions herein, or
the granting of an extension of time for performance by the Company or the
Customer shall not constitute the permanent waiver of any term or condition
herein. Each of the provisions shall remain at all times in full force and effect
until modified in writing.
12 The included triff 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.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 20
Cancels Original Page 20
SECTION 2 - RULES AND REGULATIONS, (CONT'
Application for Service
The Customer is responsible for the placement of Service Orders for the Service
described herein as well as complying with the provisions of this Tariff.
Customer may be required to execute written Service Orders or other documents
relating to the Service, but Customer shall be obligated under the terms of this
Tariff even if such Service Orders or other documentation have not been executed.
The business records of Company shall be deemed determinative as to the
contents of the Service Order(s). When Customer places a Service Order for
Service, the Customer must provide the Company with the Customer s name and
address for billing purposes and a contact name and phone number. Customer
must also provide the Company with the contact name, telephone number, and
address at each of the premises where Service is to be installed. Each Service
Order shall reference this Tariff. When the Service Order is accepted in writing
by Company, the relevant Service Order shall be deemed to set forth the final
operative obligations between Company and the Customer regarding the Services
described therein to the extent that it specifies the type of Service, quantity of
Circuits, originating and terminating cities, Requested Service Date, Term and
other information necessary for Company to provide the Service to Customer.
Any other items and conditions that are typed, printed or otherwise included in
any Service Order shall be deemed to be solely for the convenience of the parties
unless specifically noted as an Individual Case Basis (ICB) term or condition.
action by Company (including, without limitation, provision of Service to
Customer pursuant to such Service Order) shall be construed as binding or
estopping Company with respect to such term or condition, unless such Service
Order containing said specific term or condition has been signed by an authorized
representative of Company and Customer. Company shall have no obligation
except those as set forth in this Tariff or contained in Service Orders, and all other
representations or agreements, oral or written, shall be of no effect. In the event
any provisions set forth in Service Orders conflict with the provisions set forth in
this Tariff, the provisions set forth in this Tariff shall prevail.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 21
Cancels Original Page 21
SECTION 2 - RULES AND REGULATIONS, (CONT'
Cancellation of Service by Customer
Customer may cancel Service by providing written notice thereof to Company
thirty (30) days in advance of the effective date of cancellation.
If a Service Order for Installation of Service is delayed for more than thirty (30)
days beyond the Requested Service Date, and such delay is not requested or
caused by the Customer, the Customer may cancel the portion of Service affected
thereby without incurring the cancellation charges described in Section 2.8.4.
After Start of Service, if Service is Interrupted for a period of 30 days, then, in
addition to the remedies set forth in Section 2., Customer, pursuant to Section
, may notify Company in writing of its conditional intent to cancel the
directly affected Service. If such affected Service is not Restored within 30 days
after receipt of such notice, Customer may terminate the affected portion of the
Service for such cause and without incurring the cancellation charges described in
Section 2.8.4 at the expiration of the notice period.
Customer shall be subject to the following cancellation charges upon cancellation
of Service for the convenience of Customer, i., without cause, as opposed to
cancellation of service for cause as would be the case for Defective Service, as
described in Section 2.7. In such case, Customer is also liable for (A)
cancellation charges as specified in Section 4, (B) any charges, expenses, fees, or
penalties incurred by Company, its affiliates or other third party providers of
Service due to cancellation of Local Access; and (C) any other costs, expenses, or
additional charges reasonably incurred by Company on behalf of Customer.
8.4.If Customer cancels Service before the Company has incurred any
costs for the Installation of such Service, Customer shall pay to
Company a cancellation charge in an amount equal to any charges
expenses, fees, or penalties incurred by Company due to
cancellation of Local Access and any other costs, expenses, or
additional charges reasonably incurred by Company prior to such
cancellation.
8.4.If Customer cancels Service after the Company has incurred costs
for Installation but prior to Start of Service, Customer shall pay to
Company a cancellation charge in an amount equal to any
Installation charges or Ancillary charges not yet paid.
EFFECTIVE: August 12 2004ISSUED: August 2, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 st Revised Page 22
Cancels Original Page 22
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Cancellation of Service by Customer, (Cont'
8.4 (Cont'
If Customer cancels Service after the Start of Service, unless
otherwise specified in this Tariff, Customer shall pay to Company
cancellation charge in an amount equal to (i) the prorated
monthly Base Rate charge for such canceled Service as set forth in
Section 4 times the number of months in the relevant Term, less
the charges for such Service actually provided to Customer through
the effective date of cancellation (but in no event less than zero),
and (ii) any Installation charges or Ancillary Charges not yet paid.
As Company s damages in the event of a cancellation are difficult
or impossible to ascertain, the foregoing provisions providing for a
cancellation charge are intended to establish liquidated damages in
the event of a cancellation of a Service and do not represent a
penalty of any kind.
Notwithstanding the foregoing, and upon thirty (30) days' prior written notice
either Customer or Company shall have the right, without cancellation charge or
other liability to the other, to cancel the affected portion of the Service, if
Company is prohibited by governmental authority from furnishing said portion, or
if any material rate or term contained herein and relevant to the affected Service is
substantially changed by order of the highest court of competent jurisdiction to
which the matter is appealed, the FCC, or other local, state or federal government
authority.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 st Revised Page 23
Cancels Original Page 23
WIL TEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Cancellation for Cause by Company
For nonpayment by Customer of any undisputed sum owing to the Company, or
for violation by Customer of any of the provisions governing the furnishing of
Service under this Tariff, the Company may, after seven (7) days, written
notification to Customer of such nonpayment or violation and forthcoming
termination therefor, without incurring any liability, immediately discontinue the
furnishing of such Service. Customer shall be deemed to have canceled Service
as of the date of such disconnection and shall be liable for any cancellation
charges set forth in this Tariff.
Without incurring any liability, the Company may discontinue the furnishing of
Service to Customer immediately and without notice if the Company deems that
such action is necessary to prevent or to protect against fraud or to otherwise
protect its personnel, agents, facilities or Services or under any of the following
circumstances:
if there is a reasonable risk that criminal civil or administrative
proceedings or investigations based upon the transmission contents shall
be instituted against Company.
August 2, 2004
(a)
(b)
(c)
(d)
(e)
ISSUED:
ISSUED BY:
if Customer fails to make proper application for Service;
if Customer refuses to furnish or provides false information to the
Company regarding the Customer s identity, address, credit-worthiness
past or current use of Service, or its planned use of Service;
if Customer gives Company reasonable cause to believe that Customer
will not comply with a request of the Company for reasonable security for
the payment for Service;
if the Customer is using the Service in violation of this Tariff;
if the Customer is using the Service in violation of any applicable law or
regulation.
(f)if such actions are reasonably appropriate to avoid violation of applicable
law; or
(g)
EFFECTIVE: August 12, 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 24
Cancels Original Page 24
SECTION 2 - RULES AND REGULATIONS, (CONT'
Cancellation for Cause by Company, (Cont'
The discontinuance of Service by the Company pursuant to this Section does not
relieve the Customer of any obligations to pay the Company for charges accrued
for Service which has been furnished up to the time of discontinuance nor does it
relieve the Customer of applicable cancellation charges. The remedies set forth
herein shall not be exclusive and the Company shall at all times be entitled to all
rights available to it under either law or equity.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 5t Revised Page 25
Cancels Original Page 25
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Billing and Payment For Service
10.1 Responsibility for Charges
The Customer is responsible for payment of all charges for Services furnished to
the Customer or Authorized User. This includes payment for Services specifically
requested by the Customer. This responsibility is not changed due to any use
misuse, or abuse of the Customer s Service or Customer provided equipment by
third parties, the Customer s employees, or the public.
10.2 Payment Arrangements
10.
10.
All payments due by the Customer shall be remitted and payable to
the Company or any billing agent duly authorized and designated
by the Company to receive such payments. An authorized billing
agent may be a Local Exchange Carrier or other billing agent.
Unless the Company requires an advance Payment Method or other
arrangement due to Customer presenting an undue risk of
nonpayment as described in this Section, payment for all pro-rated
monthly recurring charges (charges for monthly Service provided
for less than a calendar month), Installation charges, and other non-
recurring charges shall be due on the first day of the month
following the month in which the Service was provided. Payment
for all monthly recurring charges for full months during which the
Service is to be provided following Start of Service shall be due in
advance on the first day of that month, except that when billing is
based upon Customer usage, usage charges will be billed monthly
in arrears for Service provided during the preceding billing period.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 26
Cancels Original Page 26
WIL TEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Billing and Payment For Service, (Cont'
10.3 Late Payment Fee
In the event Customer fails to payor remit payment in full to the proper address
for Services billed by the Company or authorized billing agent on or before thirty
(30) days after the Due Date, Customer shall also pay a late fee in the amount of
the lesser of one and one-half percent (1.5%) of the unpaid balance per month or
the maximum lawful rate under applicable state law.
10.4 Return Check Charge
A return check charge of $25.00 will be assessed for checks made payable to the
Company and returned for insufficient funds. For service billed on behalf of the
Company, any applicable return check charges will be assessed according to the
terms and conditions of the Company s billing agent.
10.5 Validation of Credit
10.
10.
The Company reserves the right to validate the creditworthiness of
Customers and billed parties through available verification
procedures. If at any time a Customer presents an undue risk of
non-payment, the Company may refuse to provide Service, require
deposit or advance payment pursuant to Section 2.10.
otherwise restrict or interrupt Service to a Customer.
In determining whether a Customer presents an undue risk of
nonpayment, the Company may consider, but is not limited to, the
following factors: (i) the Customer s payment history (if any) with
the Company, (ii) Customer ability to demonstrate adequate
ability to pay for the Service, (iii) credit and related information
provided by Customer, lawfully obtained from third parties or
publicly available, and (iv) information relating to Customer
management, owners and affiliates (if any).
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 27
Cancels Original Page 27
SECTION 2 - RULES AND REGULATIONS, (CONT'
Billing and Payment For Service, (Cont'd.
10.6 Advance Payments and Deposits
A Customer who presents an undue risk of nonpayment may be required at any
time prior to the commencement of Service to pay the Company in advance the
monthly service charge, and any fixed charges, including the applicable
Installation charges, applicable for the first month of Service under the Tariff.
Additionally, to guarantee payment of current bills, Company may require such
Customer to provide a security deposit, in cash or the equivalent of cash, up to an
amount equal to two months of actual or estimated usage charges for the Service
to be provided. Simple interest shall be paid by the Company on the deposits at
the rate of not less than 6% per annum, payable annually at the request of the
Customer or upon return of the deposit, for the time the deposit is held by the
utility, provided it is not less than six (6) months.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNI CATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 28
Cancels Original Page 28
SECTION 2 - RULES AND REGULATIONS, (CONT'
Payment Arrangements, (Cont'
10.7 Disputed Charges
Disputes with respect to charges must be presented to the Company in writing
within 30 days after the Due Date or such invoice shall be deemed to be correct
and binding on the Customer. In instances of a dispute, the Customer is required
to pay the undisputed portion of the bill in its entirety within 30 days after the Due
Date. If, after investigation and review by the Company, a disagreement remains
as to the disputed amount, the Customer or Company may file an appropriate
complaint with the Idaho Public Service Commission.
10.8 In the event the Company incurs fees or expenses, including attorney s fees, in
collecting, or attempting to collect, any charges owed the Company, the Customer
shall be liable to the Company for the payment of all such fees and expenses
reasonab I y incurred.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 29
Cancels Original Page 29
SECTION 2 - RULES AND REGULATIONS, (CONT'
Tax Adjustments
11.1 All stated charges in this Tariff are computed by the Company exclusive of any
applicable federal, state, or local use, excise, gross receipts, sales or privilege
taxes, duties, fees, or similar liabilities whether charged to or against the Company
or its Customer. An amount equal to such taxes, fees, etc. shall be charged to the
Customer in addition to the charges stated in this Tariff. All charges related to
such taxes, duties, and fees shall each be shown as a separate line item on the
Customer s monthly invoice and, unless stated otherwise, are not included in the
quoted rates and charges set forth in this Tariff.
11.2 The Company has discretion to include among such fees and surcharges a
Universal Service Subsidy" fee to support universal service within the state of
Idaho. The Universal Service Subsidy fee, however, shall not be assessed to the
portion of Service taken for resale by any Customer who is an entity required by
the State of Idaho to contribute directly to these universal service support
programs, provided that such entity has notified the Company of its intention to
resell such Service and of its universal service obligations.
ISSUED: J\ugust 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 30
Cancels Original Page 30
SECTION 2 - RULES AND REGULATIONS, (CONT'
Tax Adjustments, (Cont'
11.3 A surcharge is imposed on all charges for Service originating at addresses in states
which levy a gross receipts tax on Customer s operations. Pending the conclusion
of any litigation challenging a jurisdiction s right to impose any tax, Company
may elect to impose and collect a surcharge covering such tax, unless otherwise
constrained by court order or direction, or it may elect to waive any surcharge. If
it has collected a surcharge or tax and the challenged surcharge or tax is found to
have been invalid and unenforceable, Company shall credit or refund such sums to
each affected Customer if either Company has retained such funds or Company
has remitted such funds to the collecting jurisdiction and the funds have been
returned to Company. The surcharge shall be shown as a separate line item on the
Customer s monthly invoice.
Inspection, Testing and Adjustments
12.The Company may, upon notice make such tests and inspections as may be
necessary to determine that the requirements of this Tariff are being complied
with in the installation, operation or maintenance of Customer or the Company
equipment. The Company may interrupt the Service at any time, without penalty
to the Company, because of departure from any of these requirements.
12.Upon reasonable notice, the Channels provided by the Company shall be made
available to the Company for such tests and adjustments as may be necessary to
maintain them in satisfactory condition; no interruption allowance shall be granted
for the time during which such tests and adjustments are made.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 31
Cancels Original Page 31
WIL TEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Refunds or Credits for Interruptions in Service
13.1 No credits or refunds for interruptions of Service shall be made for:
(a)
(b)
(c)
(d)
Interruptions caused by the negligence or willful misconduct (including
the provision of inaccurate information) of the Customer or its Authorized
Users.
Interruptions during any period which the Company or its agents are not
afforded access to any Customer premise where Service is originated or
terminated.
Interruptions during any period when the Customer or user has released
the Service to the Company for maintenance or rearrangement purposes, or
for the implementation of a Customer Service Order.
Interruptions during periods when the Customer elects not to release the
Service for testing or repair and continues to use the Service on
impaired basis.
(e)Interruptions not reported to the Company.
(f)Interruptions occurring prior to Start of Service.
(g)
Interruptions caused by outages or failure of Local Access provided by a
Local Access Provider.
ISSUED: August 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 32
Cancels Original Page 32
SECTION 2 - RULES AND REGULATIONS, (CONT'
Refunds or Credits for Interruptions (Cont'
13.Following the Start of Service date, if Customer reports an Interruption in Service
to Company and the affected Service is not Restored within two hours of such
report, Customer shall, upon request directed to the Customer s designated
customer service representative, receive a credit at the rate of 1/720 of the
monthly recurring charges applicable to Service directly affected by such
Interruption for each hour or major fraction thereof, over the initial two hours
during which service is Interrupted. No credit will be given for Interruptions of
less than two hours in duration. The formula used for computation of credits is as
follows:
Credit = AI 720 x B
A = Interruption time in hours or fraction thereof (must be over 2 hours)
B = total monthly recurring charge for the affected service.
13.Notice of Interruption should be reported by the Customer to the Company
Network Control Center or other location designated by Company. An
Interruption ends when the Service is Restored. If the Customer reports the
Service to be inoperative but declines to release it for testing and repair, the
Service shall be deemed to be impaired, but not subj ect to an Interruption nor
corresponding credit as provided in Section 2.13.
13.If the Customer elects to use another means of transmission during the period of
Interruption, the Customer is solely responsible for payment of the charges for the
alternate transmission service used.
13.The credit provided in Section 2.13.2 is Customer s sole and exclusive remedy for
any Interruption in the Service.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 33
Cancels Original Page 33
WIL TEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Systems Security
14.1 Where Customers are permitted access to the Company s computer systems and
data (hereinafter "Systems ) for the purposes of managing and maintaining their
own telecommunications system, they will adhere to the following:
(a)
(b)
(c)
Customers may access the Company s Systems only to the extent required
by and incident to the administration and management of the Customer
telecommunications system.
Customers may not disclose or use information which may be learned as a
consequence of access to the Company s Systems except as may
directly required to insure the proper operation of the Customer
telecommunications system. Customers must take all reasonable
precautions to prevent any other person or entity who does not have a need
to know from acquiring such information.
Customers shall not in any manner or form disclose, provide, or otherwise
make available, in whole or in part, these Systems, documentation, any
related material or any other confidential material except to those who
have a need to know incident to the operation of the Customer
telecommunications system. These Systems remain the property of the
Company and may not be copied, reproduced or otherwise disseminated
without the prior written permission of the Company.
(d)Customers shall take all reasonable precautions to maintain the
confidentiality of Systems. Such precautions shall include the use
Personal Identification Numbers (PINs) and passwords selected by and
known only to the Customer s individual authorized users. Telephone
numbers and dial-up access numbers assigned to the Customer by
Company, PINs or any aspect of access and sign-on methodology used to
access these Systems shall not be posted or shared with others under any
circumstances. Customers shall follow normal log-off procedures prior to
leaving a terminal unattended. Customers should report any known or
suspected unauthorized attempt by others to access these Systems.
ISSUED: August 2, 2004
ISSUED BY:
EFFECTIVE: August 12, 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 34
Cancels Original Page 34
SECTION 2 - RULES AND REGULATIONS, (CONT'
Systems Security, (Cont'
14.2 In the event that a security access device assigned to a Customer for dial-up access
is lost, stolen, or misplaced, the Customer must notify Company immediately.
Access into these Systems beyond that authorized may result in civil and/or
criminal penalties.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 35
Cancels Original Page 35
WIL TEL COMMUNICATIONS, LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Restoration of Service
15.The use and Restoration of Service in emergencies shall be in accordance with
Part 64, Subpart D of the Federal Communications Commission s Rules and
Regulations to the extent it is applicable, which specifies the priority system for
such activities.
Customer Provided Equipment
16.Customer Premises Circuit terminating equipment such as Channel Service units
(CSUs) and Multiplexing equipment and any other terminal equipment such as
telephone sets or systems shall be provided by the Customer and furnished and
maintained at the Customer s expense, except as expressly provided otherwise in
writing and set forth in a Service Order accepted by an authorized representative
of Company.
Company Provided Equipment
17.
17.
17.
The Customer agrees to operate any Company provided equipment in accordance
with instructions of the Company or the Company s agent or designee. Failure to
do so shall void any Company liability for Interruption of Service and may make
Customer responsible for damage to equipment pursuant to Section 2.17.2 below.
Customer agrees to return to the Company all Company-provided equipment
within five (5) days of termination of the Service in connection with which the
equipment was used. Said equipment shall be in the same condition as when
delivered to Customer, normal wear and tear excepted. Customer shall reimburse
the Company, upon demand, for any costs incurred by the Company (e., the cost
of the equipment) due to Customer s failure to comply with this provision.
The Company may substitute, change or rearrange any equipment or facility at any
time, but shall endeavor to maintain the technical parameters of the service
provided the Customer. In the event that technical parameters change as a result of
the Company s actions, the Company will provide the Customer with thirty (30)
days notice prior to such change.
ISSUED: August 2 2004
ISSUED BY:
EFFECTIVE: August 12, 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 36
Cancels Original Page 36
WILTEL COMMUNICATIONS,LLC. (T)
SECTION 2 - RULES AND REGULATIONS, (CONT'
Other Terms and Conditions
18.A Customer shall not use any service mark or trademark of the Company or refer
to the Company in connection with any product, equipment, promotion, or
publication of the Customer without prior written approval of the Company.
18.
18.
18.
18.
In the event suit is brought or an attorney is retained by the Company to enforce
the terms of this Tariff, the Company shall be entitled to recover, in addition to
any other remedy, reimbursement for reasonable attorneys' fees, court costs, costs
of investigation and other related expenses incurred in connection therewith.
Any legal action or proceeding with respect to the collection of charges due under
this Tariff may be brought in the Courts of the State of Oklahoma in and for the
County of Tulsa or the United States of America for the Northern District of
Oklahoma. By Customer s obtaining Service pursuant to this Tariff, both
Customer and Company shall be deemed to have submitted to such jurisdiction
thereby expressly waiving whatever rights may correspond to either of them by
reason of their present or future domicile.
Except as otherwise provided in this Tariff or as specified in writing by the party
entitled to receive notice, notices between Customer and Company shall be given
in writing to the persons whose names and business addresses appear on the
relevant Service Order and the effective date of any notice shall be the date of
delivery of such notice, not the date of mailing. By written notice, Company or
Customer may change the party to receive notice and/or the address to which such
notice is to be delivered. In the event no Customer or Company address is
provided in the relevant Service Order, notice shall be given to the last known
business address of Customer or Company, as the case may be.
Company, when acting at the Customer s request and/or as Customer s authorized
agent, shall make reasonable efforts to arrange for special Service requirements
such as the provision of Off-Net Circuits. Due to the specialized nature of such an
arrangement, however, such arrangement shall be provided ICB.
ISSUED: August 2 2004
ISSUED BY:
EFFECTIVE: August 12 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 37
Cancels Original Page 37
SECTION 3 - APPLICATION OF TECHNICAL STANDARDS
Application of Technical Standards
1.1 The following Technical Standards for Private Line Services set forth objectives
for Company to follow. In no circumstance shall these Technical Standards be
construed as creating any warranty on the part of Company, with the exception of
those warranties expressly set forth in the preceding Sections of this Tariff.
1.2 Interconnection Specifications:
1.2.DS-O through DS-3 ("DS-- provided in accordance with ANSI
Standard T1.102 (formerly AT&T Compatibility Bulletin 119) and
Technical Reference 54014 :::-4.
1.2.OC-3 through OC-48 ("OC-- provided in accordance with
ANSI Standard Tl.105.
ISSUED: August 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 38
Cancels Original Page 38
SECTION 3 - APPLICATION OF TECHNICAL STANDARDS, (CONT'
Application of Technical Standards
1.3 Quality Standards
1.3.General
Standards for DS- N and OC- N Services apply independently for
Local Access and Interexchange Services and exclude non-
performance due to circumstances listed in Section 2.3.1 or
planned Interruptions for necessary maintenance purposes. Local
Access standards apply on a one-way basis between each Customer
Premises Network Interface Points ("CPNIP") and the Company
POP. Interexchange Service standards apply on a one-way basis
between the originating and terminating Company POPs. The
actual end-to-end (CPNIP to CPNIP) availability and performance
of DS-and OC-N will be a combined function of the Local
Access and Interexchange Service specifications and may
affected by the Customer provided equipment, dependent upon the
type and quality of Customer equipment used. (Customer provided
Local Access may not meet these specifications).
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 39
Cancels Original Page 39
SECTION 3 - APPLICATION OF TECHNICAL STANDARDS, (CONT'
Application of Technical Standards, (Cont'
1.3 Quality Standards (cont'
1.3.Availability
Availability, as used in this Section 3, is a measurement of the
percent of total time that Service is operative when measured over
a 365 consecutive day (8760 hour) period. DS-and OS-
Services are considered inoperative when there has been a loss
signal or when two consecutive 15 second loop-back tests confirm
the observation of any severely errored seconds or a bit error rate
equal to or worse than 1 x 10-. The Local Access Availability
standards for DS-and OC-Services are established by the
Local Access Provider. For Services on the WilTel Network
Availability shall be 99.99% from POP to POP measured over a
one year period. For Services not on the WilTel Network, the Off-
Net provider will establish Availability.
ISSUED: August 2 2004 EFFECTNE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 40
Cancels Original Page 40
SECTION 3 - APPLICATION OF TECHNICAL STANDARDS, (CONT'
Application of Technical Standards, (Cont'
1.3 Quality Standards, (cont'
1.3.Performance (0/0 Error Free Seconds, while Available)
Performance is noted in Error Free Seconds ("EFS") which are a
measure of the percentage of total seconds when measured over a
consecutive 24 hour period that do not contain bit errors.
Performance shall be measured on a one-way basis using a Pseudo
Random Bit Sequence test pattern as defined in CCITT
Recommendation 0.151. The EFS standards for Local Access for
DS-N and OC-N is established by the Local Access Provider. For
Services on the WilTel Network, the EFS shall be 99.5% from
POP to POP measured over a monthly period. For Services not on
the WilTel Network, the Off-Net provider will establish the EFS.
1.4 Repair efforts will be undertaken upon notification of trouble by internal network
surveillance and network surveillance and performance systems or by notification
of trouble and release of all or part of the DS- N or OC- N Service by the Customer
for testing.
1.5 Mean Time to Restore ("MTTR") is the average time required to Restore Service
and resume Availability and is stated in terms of equipment and cable outages or
failures. The MTTR objective shall be two (2) hours for equipment and six (6)
hours for cable.
1.6 The Company calculates network Availability on Customer action requests. The
Customer must notify WilTel Network Customer Care department or other
location designated by Company and initiate an action request to determine if the
Service variables stated above were met.
1. 7 Notwithstanding the foregoing, at Company s option Company may provide a
comparable transmission alternative, e.
g.
satellite transmission
, ("
Alternative
Transmission ). Such Alternative Transmission shall comply with the respective
standards commonly used in the industry for such service.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 41
Cancels Original Page 41
SECTION 4 - SERVICE DESCRIPTIONS AND RATES
General
WilTel Private Line Service is a Dedicated Service that offers Channels or Circuits
dedicated to the use of a specific Customer on a twenty-four hours per day, seven days
per week basis. Company offers WilTel Private Line Service, subject to Availability
between Company designated POPs.
Distance Calculation
For Private Line Services, mileage measurements are based on the distance in airline
miles between WilTel POPS associated with each end of the Circuit. Distance
measurements are computed using industry standard Vertical (V) and Horizontal (H)
Coordinates according to the following formula.
Formula:
(V 1 - V2/ (H 1 - H2/
10
Where V I and HI correspond to the V &H Coordinates of POPt, and V 2 and H2
correspond to the V&H Coordinates ofPOP2.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 42
Cancels Original Page 42
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Term Plans
Customers subscribing to WilTel Private Line Service may order Service on a
monthly basis or for Service Commitment Periods of one, two, three, four or five
years.
The term "Minimum Monthly Commitment" as used in Section 4 of this tariff
shall mean the aggregate of all Base Rate charges, as described in Section 4.4, for
each WilTel Private Line Service (regardless of whether such Base Rates are
themselves subject to any discount limitation) which in total is within the amounts
stated for each level of the relevant discount schedule. No other charges including
Ancillary, Installation or Service Order charges will be included when
determining whether a Customer meets its Minimum Monthly Commitment.
The discount level, if any, applicable to a Customer for a particular Service or
Services shall be the rate or volume discount level in effect at the beginning of the
monthly billing period applicable to the Customer for the particular Service or
Services.
Following the expiration of the Term relevant to Service, such Service shall
continue to be provided in accordance with this Tariff, subject to written notice of
termination by either Company or Customer.
The Customer may be responsible for other charges as described in this Tariff
which may include, but are not limited to Ancillary Charges and cancellation
charges.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 43
Cancels Original Page 43
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Base Rates and Discounts
Customers subscribing to each type of WilTel Private Line Service (e., DS-, DS-
etc.) shall be charged a Base Rate (on a per circuit basis) as set forth below in this Section
, which shall consist of (1) a fixed monthly charge irrespective of distance, and (2) a per
mile per month charge based on the distance between applicable Company POPs.
Customers who subscribe for Service Commitment Periods ranging from one to five
years, inclusive, will receive a discount off of the Base Rate for the Term of the Service
Commitment Period based upon the "Minimum Monthly Commitment" dollar amount
and the Term of the Service Commitment Period.
Application of Ancillary Charges
Installation Charges
non-recurring installation charge applies to each Circuit provided by the
Company. Installation charges also apply to existing Service moved to a new
location at the Customer s request. Rates and charges vary by type of service as
specified in this Section. Term and volume commitments do not apply to
Installation charges.
ISSUED: August 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 44
Cancels Original Page 44
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Service Order Charges
General
No Service Order charges apply to initial Service Orders for new
Service placed by the Customer. Where Customer requests a
change in a pending Service Order or requests changes to an
existing Circuit, non-recurring charges may apply to each change
as described below. Non-recurring charges vary based on type of
Service ordered by Customer.
Circuits or Channels provide by the Company may be connected to
other Circuits or Channels provided by the Company (On-Net); to
Local Access facilities; or facilities provided by another carrier
(Off-Net) through the use of Cross-Connects.
Service Order charges apply as follows based on the content of the
Order:
Where Service Orders require the installation
rearrangement, or removal of Company-provided
Circuits only, Per Circuit charges apply.
Where Service Orders require the installation
rearrangement, or removal of Company-provided
Cross-Connects only, Per Cross-Connect charges
apply. For Cross-Connects between two facilities of
different band-widths, the Per Cross-Connect charge
associated with the higher bandwidth service
applies.
Where Service Orders require the installation
rearrangement, or removal of Company-provided
Circuits and Cross-Connects, both Per Circuit and
Per Cross-Connect charges apply.
ISSUED: August 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 45
Cancels Original Page 45
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Service Order Charges (Cont'
Change of Requested Service Date
Customers may request a change in the Requested Service Date for
pending Service Orders. Change of Requested Service Date
charges apply when a change of the Requested Service Date is the
only customer requested change to the original Service Order.
When a Customer requests that its Requested Service Date be
extended, the new Requested Service Date must be within thirty
(30) days of the previously set Requested Service Date. If the new
Requested Service Date is more than thirty (30) days beyond the
existing Requested Service Date or unknown, the Service affected
thereby will be deemed canceled by the Customer and subj ect to
applicable cancellation charges.
If the first requested change of the Requested Service Date is
received more than ten (10) working days prior to the original
Requested Service Date, there will be no charge. A Change in
Requested Service Date charge applies for all subsequent changes
to a Requested Service Date or if the requested change is made
within ten (10) working days of the established Requested Service
Date.
If the new Requested Service Date is earlier than the Requested
Service Date on the original Service Order, and requires an
Expedited Service Order non-standard installation maintenance
and engineering charges may apply in addition to a charge for a
Change of Requested Service Date.
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 46
Cancels Original Page 46
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Service Order Charges (Cont'
Change of Service Order
Change of Order charges apply to changes requested by the
Customer to the information contained in a service order, other
than changes in Requested Service Date, prior to Start of Service.
Pre-engineering charges apply when a Service Order has been
entered into the Company s order processing system within five (5)
working days, and the Customer requests a modification to the
information contained in the Service Order.
Post-engineering charges apply when a Service Order has been
entered into the Company s order processing system for over five
(5) working days and the Customer requests a modification to the
information contained in the Service Order.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 47
Cancels Original Page 47
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Service Order Charges (Cont'
Order Cancellation
Order Cancellation Charges apply for Service Orders canceled
prior to Customer acceptance. These charges are intended to
supplement any Service cancellation charges set for in Section 2.
Pre-engineering charges apply when a Service Order has been
entered into the Company s order processing system within five (5)
working days and the Customer requests cancellation of the
Service Order prior to Acceptance.
Post-engineering charges apply when a Service Order has been
entered into the Company s order processing system for over five
(5) working days and the Customer requests cancellation of the
Service Order prior to Acceptance.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 48
Cancels Original Page 48
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Service Order Charges (Cont'
Change of Service
Change of Service charges apply to changes made after a Circuit
has been installed and accepted by the Customer. This charge is
only applicable where re-engineering of the affected Service is
required. No charge applies for changes in Service made for
administrative purposes (e., change of name, billing address
etc.
).
Change of Service re-engineering charges apply, but are not
limited to, Service Orders that are re-engineered due to Customer
requested changes in Local Access Service, transmission speed
transmission mode, IXC or Local Access Termination location, or
terminating equipment.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
Idaho Intrastate Tariff No.
1 8t Revised Page 49
Cancels Original Page 49
WIL TEL COMMUNI CA TI 0 NS, LLC. (T)
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
Local Access Charges
Access to WilTel Private Line Services must be obtained by the
Customer from the Company or third-party carrier, including a
serving Local Exchange Carrier, an Alternative Access Provider or
other Local Access Provider. Third party Local Access facilities if
provided by the Company are offered at a pass through rate equal
to the price at which those channels or services are provided to
Company by the Local Access Provider. The rates and charges of
the Local Access Provider apply for all Local Access facilities used
in conjunction with the Company s Service( s).
At the Customer s request, WilTel may act as the Customer s agent
for payment of Local Access charges to the Local Access Provider.
In such cases, the Company will charge a nonrecurring Local
Access Billing Administration fee of $150.00 per Local Access
circuit in addition to pass-through rates associated with the Local
Access facilities billed through the Company.
At the Customer s request, WilTel may act as the Customer s agent
for ordering and coordinating installation, re-arrangement or
removal of Local Access facilities. In such cases, a $100.00 Local
Access Administration fee will apply to each ASR issued to the
Local Access Provider including ASRs for initial service
installation, changes in requested service date, changes in service
configuration, or cancellation of Local Access service orders.
Where Company acts as the Customer s agent for payment of Local
Access charges, the Company will also pass along to the Customer
any Local Access Provider charges associated with the Customer
request order, if applicable.
Subject to the availability of personnel Company may perform
other operational functions related to administration and
maintenance of Local Access facilities. Such functions will be
provided at non-standard installation, maintenance and engineering
rates contained in this Tariff.
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
ISSUED BY:
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WILTEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 50
Cancels Original Page 50
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Application of Ancillary Charges, (Cont'
4 Non-Standard Installation, Maintenance and Engineering Charges
Additional charges may apply when the Customer requests the following:
Installation or Circuit changes during non-business hours or under
unusual circumstances.
a Company technician at the Customer Premises or trouble that
results from problems in the Customer s equipment.
the provision of engineering design or other activities which are
not normally provided as part of the design and Installation of
Service.
Expedited Service Orders.
The Customer will be billed for non-standard servIces provided by
Company personnel at the following rates:
Monday through Friday,
8:00 AM to 5:00 PM $25.00 per quarter hour
All Other Hours $31.25 per quarter hour
ISSUED: August 2, 2004 EFFECTIVE: August 12 2004
ISSUED BY: Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 51
Cancels Original Page 51
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Base Rates, Discounts and Ancillary Charges
DS-O Service
WilTel DS-O Private Line Service provides 64 Kbps of bandwidth for the digital
transmission of data, voice and video signals. WilTel DS-O with Analog Access
Service combines Digital Interexchange Service with Analog Local Access.
WilTel DS-O with Digital Access Service provides Point-to-Point Digital Service.
1.A Base Rates and Ancillary Charges
Per Cross-
Rate Element Per Circuit Connect
Fixed Monthly $280.n/a
Per Mile Monthly $0.32 n/a
Installation $150.n/a
Change of Requested Service Date $50.$50.
Change of Order, Pre-Engineering $50.$50.
Change of Order, Post-Engineering $50.$50.
Order Cancellation, Pre-Engineering $50.$50.
Order Cancellation, Post-Engineering $50.$50.
Change of Service, Re- Engineering $50.$50.
1.B Discounts - The discount percentages applicable for DS-O Private
Line Service are as follows. The Minimum Monthly Commitment
applies to the Fixed Monthly and Per Mile Monthly Rate Elements
(base rates) only.
Minimum Monthly
Commitment (nMMcn Year Year Year Year Year
Up to $2 499 10%
500-999 11%
000-499 10%12%
500-999 11%13%
$10 000-$12 499 10%12%14%
$12 500-$14 999 10%11%13%15%
$15 000-$17,499 10%11%12%14%16%
$17 500-$19 999 11%12%13%15%17%
$20 000 or higher 12%13%14%16%18%
ISSUED: J\ugust 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 52
Cancels Original Page 52
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Base Rates, Discounts and Ancillary Charges (Cont'
Fractional DS-l Service
WilTel Fractional DS-l Private Line Service provides DS-O multiples of 2 to
Channels for the digital transmission of data, voice and video signals and requires
a minimum order of two DS-O Channels.
1.A Base Rates and Ancillary Charges
Per Cross-
Rate Element Per Circuit Connect
Fixed Monthly $280.n/a
Per Mile Monthly $0.32 n/a
Installation $400.n/a
Change of Requested Service Date $150.$150.
Change of Order, Pre-Engineering $150.$150.
Change of Order, Post-Engineering $150.$150.
Order Cancellation, Pre-Engineering $150.$150.
Order Cancellation, Post-Engineering $150.$150.
Change of Service, Re- Engineering $150.$150.
Discounts - The discou~t percentages applicable for Fractional
DS-l Private Line Service are as follows. The Minimum Monthly
Commitment applies to the Fixed Monthly and Per Mile Monthly
Rate Elements (base rates) only.
Minimum Monthly
Commitment ("MMC"Year Year Year Year Year
Up to $4 999 10%12%13%15%18%
000-999 12%14%15%17%20%
$10 000-$14 999 14%16%17%19%22%
$15 000-$19 999 16%18%19%21%24%
$20 000-$24 999 18%20%21%23%26%
$25 000-$29 999 20%22%23%25%27%
$30 000-$34 999 22%24%25%27%29%
$35 000-$39 999 26%28%29%31%33%
$40 000 or higher 30%32%33%35%37%
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 53
Cancels Original Page 53
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Base Rates, Discounts and Ancillary Charges (Cont'
3 DS-l Service
WilTel DS-Private Line Service provides 1.544 Mbps of point-to-point
bandwidth for the digital transmission of data, voice and video signals.
1.A Base Rates and Ancillary Charges
Per Cross-
Rate Element Per Circuit Connect
Fixed Monthly $1350.n/a
Per Mile Monthly $3.n/a
Installation $400.n/a
Change of Requested Service Date $150.$150.
Change of Order, Pre-Engineering $150.$150.
Change of Order, Post-Engineering $150.$150.
Order Cancellation, Pre-Engineering $150.$150.
Order Cancellation, Post-Engineering $150.$150.
Change of Service, Re- Engineering $150.$150.
Discounts - The discount percentages applicable for DS-l Private
Line Service are as follows. The Minimum Monthly Commitment
applies to the Fixed Monthly and Per Mile Monthly Rate Elements
(base rates) only.
Minimum Monthly
Commitment ("MMC"Year Year Year Year Year
Up to $4 999 10%11%12%13%14%
000-999 11%12%13%14%15%
$10 000-$14 999 12%13%14%15%16%
$15 000-$19 999 13%14%15%16%17%
$20 000-$24 999 14%15%16%17%18%
$25 000-$34 999 16%17%18%19%20%
$35 000-$44 999 18%19%20%21%22%
$45 000-$54 999 20%21%22%23%24%
$55 000 or higher 22%23%24%25%26%
ISSUED: J\ugust 2 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 st Revised Page 54
Cancels Original Page 54
SECTION 4 - SERVICE DESCRIPTIONS AND RATES, (CONT'
Base Rates, Discounts and Ancillary Charges (Cont'
4 DS-3 Service
WilTel DS-Private Line Service provides 44.736 Mbps of point-to-point
bandwidth for the digital transmission of data, voice and video signals.
1.A Base Rates and Ancillary Charges
Per Cross-
Rate Element Per Circuit Connect
Fixed Monthly $17 000.n/a
Per Mile Monthly $48.n/a
Installation 000.n/a
Change of Requested Service Date $500.$250.
Change of Order, Pre-Engineering $500.$250.
Change of Order, Post-Engineering 000.$500.
Order Cancellation, Pre-Engineering $500.$250.
Order Cancellation, Post-Engineering 000.$500.
Change of Service, Re- Engineering 000.$500.
Discounts - The discount percentages applicable for DS-3 Private
Line Service are as follows. The Minimum Monthly Commitment
applies to the Fixed Monthly and Per Mile Monthly Rate Elements
(base rates) only.
Minimum Monthly
Commitment ("MMC"Year Year Year Year Year
Up to $24 999 10%11%12%13%14%
$25 000-$49 999 11%12%13%14%15%
$50 000-$74 999 12%13%14%15%16%
$75 000-$99 999 13%14%15%16%17%
$100 000-$124 999 14%15%16%17%18%
$125 000-$149 999 15%16%17%18%19%
$150 000-$174 999 16%17%18%19%20%
$1 75 000 or higher 17%18%19%20%21%
ISSUED: August 2, 2004 EFFECTIVE: August 12, 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho
WIL TEL COMMUNICATIONS, LLC. (T)Idaho Intrastate Tariff No.
1 8t Revised Page 55
Cancels Original Page 55
SECTION 5 - CONTRACTS AND PROMOTIONS
Contracts
At the option of the Company, Service may be offered on an ICB basis to meet the
specialized requirements of Customers. The terms of each such ICB arrangement shall be
mutually agreed upon between the Customer and Company and may include discounts off
of the rates contained herein, waiver of recurring or nonrecurring charges, charges for
specially designed and constructed services not contained in this Tariff, or other
customized features. The terms of such an ICB arrangement may be based partially or
completely on a Term or volume commitment, type of originating or terminating access
mixture of services or other distinguishing features. Such ICB arrangements will be
available to all similarly situated Customers for a fixed period of time following the
initial offering to the first ICB Customer as specified in each ICB contract, subject to, in
the Company s sole discretion, the Availability of facilities.
Promotions
From time to time, Company may, at its option, promote subscription or stimulate
Service usage by offering to waive some or all of the nonrecurring or recurring
charges for the Customer (if eligible) for a limited duration. Such promotions
shall be made available to all similarly situated Customers in the target market
area and will comply with all applicable Commission regulations.
From time to time, subj ect to Commission rules Company may demonstrate
Service for potential Customers by providing free use of its Services on a limited
basis for a period of time, not to exceed one (1) month. Demonstration of Service
and the type, duration or quantity of Service provided shall be at the Company
discretion.
Promotional and other credits offered by Company in marketing its Services
cannot be assigned. Such credits must be used by the Customer to whom they
were offered or the Customer who earned them under the provisions of the offer.
ISSUED: August 2 2004 EFFECTIVE: August 12 2004
ISSUED BY:Tariff Administrator
One Technology Center
Tulsa, Oklahoma 74103
[phone]
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
August 12, 2004
Boise, Idaho