62 require.pdf

Tariff/Price List Requirements

Idaho Code requires telecommunications providers providing Local Service,
MTS/WATS or Access to local networks to file tariffs/price lists containing the
"availability, price, and terms and conditions" of the telecommunications services being
offered. Surcharges, discounts, hours of availability, minimum service periods and other
conditions of service must be detailed. (IDAPA 31.42.01.203)

Price Lists for Title 62 companies (those telecommunications service providers other than
incumbent local exchange carriers) are not approved by the Commission -- they are
accepted for filing. However, Staff will review tariff/price list submittals to ensure that
they comply with Idaho rules and laws.

Submittal:

Submit the original and three copies (IDAPA 31.01.01.132) to:

Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise ID 83702
(Telephone: [phone])

Tariffs/price lists may be filed electronically. See tariff link for further instructions.
A foreign corporation must obtain a certificate of authority from the Idaho Secretary of
State pursuant to Idaho Code § 30-1-106 through -128 and attach a copy of the certificate
with its initial price list filing. Copies of any modifications to this certificate should be
sent to the Public Utilities Commission.
The Idaho Public Utilities Commission does not assess filing fees for tariffs or price lists.
Annual regulatory fees are assessed based on the annual Idaho revenues of each utility
and are not less than $50 per year or more than .3% of gross Idaho revenue.
Upon review, the Commission will stamp "Accepted for filing" in the space provided and
will return one copy to the utility.

Format

Cover Letter: Tariff and price list revisions must be submitted with a letter of transmittal
listing all tariff pages changed, added or deleted in the current transmission and stating
briefly the reason for filing the changes and how the affected customers received notice
of the changes. (IDAPA 01.31.01.134 and IDAPA 31.42.01.203)

Number Tracking System: Each revision to a price list or tariff must be numbered
according to the numbering system adopted by the Commission Secretary. (IDAPA
31.42.01.203) The Commission Secretary has specified a four-digit number where the
first two digits signify the year and the second two digits represent the sequential number
of the transmittal in that year. These numbers may be separated with a "-". For example:
Advice 01-06 designates the sixth revision submitted during the calendar year 2001.

Each page must show:

1) name of the company
2) the date of issuance
3) effective date
4) page and paragraph numbers
5) date of cancellation or revision of a page or service
6) a blank space approximately three by one and one-half inches (3" x 1.5")
square for the Commission's filing stamp in the upper right or lower right
corner (IDAPA 31.42.01.203-204)

Tariff/price list must contain:

1) A title page identifying the telephone corporation. The Title Page must show
the designation "Idaho Public Utilities Commission." (IDAPA 31.01.01.131
and 31.42.01203)
2) A table of contents (IDAPA 31.42.01.203)

Contents:

1) Tariff/price lists must specify the areas where the Company will provide
originating service.
2) Rates, terms, conditions and availability of services should be described.
Include descriptions of method of access, rate structure, conditions of term
and usage commitments, area and availability of services, etc.
3) If the company requires deposits, the company must pay interest as specified
in IDAPA 31.41.01.106. Deposits must be returned to the customer when the
customer has demonstrated "good credit" (defined in IDAPA 31.41.01.005) or
upon termination of service.
4) If the company intends to terminate service, it must be done with a reasonable
notice as provided in IDAPA 31.41.0.1300 et seq. Company must provide the
recipient of service an opportunity to bring his account current and preserve
his service. Service cannot be terminated while a complaint is pending and
payment arrangements must be allowed.
5) Tariffs and price lists may not incorporate other federal or state tariffs by
reference. All rates, terms, conditions, etc. must be specified in the tariff.
6) Any tariff or price list that claims limited liability or other exculpatory
statements must include the following as a separate paragraph in its liability
section:

"The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should
be upheld in a court of law. Acceptance for filing by the Commission
recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause."

Notice

Idaho Code also requires a "notice" (IDAPA 31.42.01.202) to be submitted to the
Commission and updated annually. The initial notice requirement may be satisfied by
including the following information in the tariff/price list:

1) name of the telephone corporation and business name of the telephone
corporation if it does business under an assumed business name.
2) address of the principal place (and electronic address if available) of business
of the telephone corporation. An Idaho address if there is one.
3) agent in Idaho for service of process by the Commission in the State of Idaho,
an address (and electronic address if available).
4) address(es) and toll free telephone number(s) for personnel responsible for
handling consumer inquiries, complaints, etc.
5) name(s), address(es) and telephone number(s) (and electronic addresses if
available) of person(s) designated as contact for the Commission staff in
resolving consumer complaints, responding to consumer inquiries and
answering matters concerning rates and price lists or tariffs.

A form for the Notice is provided for your convenience but it is not mandatory to
use this form as long as all of the above-listed information is submitted.
Annual Notice Form

Changes to Tariffs or Price Lists

If existing local service tariffs are changed, the advice must contain two (2) copies of
each changed page: one showing all the changes with appropriate symbols for deletions,
additions, etc., and one page showing the pages after the changes as they will appear in
the proposed new tariffs. (IDAPA 31.01.01.134.01)

Effective Date

Changes to tariffs or price lists for Title 62 companies shall be effective not less than ten
(10) days after filing with the Commission and giving public notice to affected
customers. A copy of the customer notification and a description of how the notice was
distributed must be included with the updated tariff/price lists. Changes for nonrecurring
services that are quoted directly to the customer or changes that result in price reductions
shall be effective immediately upon filing with the Commission and no public notice is
required. (IDAPA 31.42.01.203)

Rules: Summary Link

I:internet/telecom/62require.doc