DUBOIS TELEPHONE EXCHANGE, INC. Access Tariff …€¦ · DUBOIS TELEPHONE EXCHANGE, INC. Access...

DUBOIS TELEPHONE EXCHANGE, INC. Access Tariff Original Sheet No. 1 Colorado Effective: March 1, 2014

SCHEDULE OF RATES AND CHARGES

TOGETHER WITH RULES AND REGULATIONS

APPLICABLE TO SWITCHED ACCESS SERVICE

PROVIDED IN THE TERRITORY SERVED BY

DUBOIS TELEPHONE EXCHANGE, INC.

WITHIN THE STATE OF COLORADO AS FOLLOWS:

Dubois Telephone Exchange, Inc. 12 South First Street

P.O. Box 246 Dubois, WY 82513

www.dubiostelephone.com 307-455-2341

1-800-877-7699

Access Tariff Original Sheet No. 2 Colorado Effective: March 1, 2014 Sheet No. Title .......................................................................................................................... 1 Table of Contents ..................................................................................................... 2 1. Subject Index .............................................................................................. 1-1 2. General Rules and Regulations ................................................................... 2-1 2.1 Application of Tariff ...................................................................... 2-1 2.2 Undertaking of the Company ......................................................... 2-2 A. Scope ................................................................................. 2-1 B. Limitations ........................................................................ 2-1 C. Liability ............................................................................. 2-2 D. Provision of Services ........................................................ 2-3 E. Installation and Termination of Services .......................... 2-3 F. Maintenance of Services ................................................... 2-3 G. Changes & Substitutions ................................................... 2-3 H. Refusal & Discontinuance of Service ............................... 2-4 I. Limitation of Use of Metallic Facilities ............................ 2-5 J. Notification of Service-Affecting Activities ..................... 2-5 K. Provision & Ownership of Telephone Numbers ............... 2-5 L. Coordination with Respect to Network Contingencies ..... 2-5 2.3 Use ................................................................................................. 2-5 A. Interference or Impairment ............................................... 2-5 B. Unlawful Use .................................................................... 2-6 2.4 Obligations of the Customer .......................................................... 2-6 A. Damages ............................................................................ 2-6 B. Ownership of Facilities ..................................................... 2-6 C. Equipment, Space & Power .............................................. 2-6 D. Availability for Testing ..................................................... 2-7 E. Balance ............................................................................. 2-7 F. Design of Customer Services ............................................ 2-7 G. Reference to the Telephone Company .............................. 2-7 H. Claims & Demands for Damages ...................................... 2-7 I. Jurisdictional Report Requirements .................................. 2-8 J. Determination for Intrastate Charges for Mixed Access Services ............................................................................. 2-8 2.5 Payment Arrangements & Credit Allowances ............................... 2-9 A. Payment of Rates & Charges ............................................ 2-9 B. Minimum Periods ............................................................. 2-9 C. Credit Allowance for Service Interruptions ...................... 2-9 D. Re-establishment of Service Following Fire, Flood or Other Occurrence .............................................................. 2-10 3. Ordering Options for Switched Access ....................................................... 3-1 3.1 General .......................................................................................... 3-1 A. Ordering Conditions 3-1

Access Tariff Original Sheet No. 3 Colorado Effective: March 1, 2014 Sheet No. 3.2 Access Order .................................................................................. 3-1 3.3 Access Order Service Intervals ...................................................... 3-1 3.4 Access Order Modification ............................................................ 3-1 3.5 Cancellation of an Access Order .................................................... 3-2 3.6 Selection of Facilities for Access Orders ....................................... 3-2 3.7 Minimum Period ............................................................................ 3-3 4. Switched Access Service ............................................................................ 4-1 4.1 General .......................................................................................... 4-1 4.2 Rate Categories .............................................................................. 4-1 4.3 Obligation of the Telephone Company .......................................... 4-1 A. Network Management ....................................................... 4-2 B. Provision of Service Performance Data ............................ 4-2 C. Trunk Group Measurement Reports ................................. 4-2 D. Design Layout Report ....................................................... 4-2 4.4 Obligations of the Customer ......................................................... 4-2 A. Supervisory Signaling ....................................................... 4-2 B. Trunk Group Measurement Reports ................................. 4-2 4.5 Rate Regulation .............................................................................. 4-2 A. Minimum Periods ............................................................. 4-3 B. Minimum Monthly Charge ............................................... 4-3 C. Measuring Access Minutes ............................................... 4-3 5. Additional Engineering, Additional Labor & Miscellaneous Service 5.1 Additional Engineering .................................................................. 5-1 A. Charges for Additional Engineering ................................. 5-1 5.2 Additional Labor ............................................................................ 5-1 A. Overtime Installation ........................................................ 5-1 B. Overtime Repair ................................................................ 5-1 C. Stand By ............................................................................ 5-1 D. Testing & Maintenance with Other Telephone Companies ........................................................................ 5-1 E. Testing Services ................................................................ 5-2 F. Other Labor ....................................................................... 5-2 5.3 Miscellaneous Services .................................................................. 5-2 A. Maintenance of Service .................................................... 5-2 B. Programming Services ...................................................... 5-2 6. Special Construction ................................................................................... 6-1 6.1 General .......................................................................................... 6-1 6.2 Conditions Requiring Special Construction ................................... 6-1 7. N11.............................................................................................................. 7-1 7.1 Terms & Conditions ....................................................................... 7-1 7.2 Rates & Charges ............................................................................ 7-4 8. Rates & Charges ......................................................................................... 8-1 8.1 General .......................................................................................... 8-1 8.2 Switched Access ............................................................................ 8-1

Access Tariff Original Sheet No. 4 Colorado Effective: March 1, 2014 Sheet No. 8.3 Additional Engineering .................................................................. 8-1 8.4 Additional Labor ............................................................................ 8-1 8.5 Miscellaneous Services .................................................................. 8-1 A. Maintenance of Service .................................................... 8-1 B. Programming Services ...................................................... 8-1

Access Tariff Original Sheet No. 1-1 Colorado Effective: March 1, 2014

Subject Index

Subject Sheet No. Access Order ......................................................................................................................... 3-1 Company Obligations ........................................................................................................... 4-3 Customer Obligations ........................................................................................................... 2-4 & 4-4 Damages ................................................................................................................................ 2-7 Design of Services ................................................................................................................ 2.-7 Engineering, Additional ........................................................................................................ 5-1 Installation ............................................................................................................................ 2-3 Jurisdictional Reports ............................................................................................................ 2-8 Labor, Additional .................................................................................................................. 5-1 Maintenance .......................................................................................................................... 2.3 N-11 ...................................................................................................................................... 7-1 Network Management ........................................................................................................... 4-1 Rates ...................................................................................................................................... 7-1 Special Construction ............................................................................................................. 6-1

Access Tariff Original Sheet No. 2-1 Colorado March 1, 2014

2. General Rules & Regulations 2.1 Application of Tariff This tariff contains regulations, rates & charges applicable to the provision of Switched Access

hereinafter referred to as service(s) provided by Dubois Telephone Exchange, Inc. hereinafter referred to as the Telephone Company.

The provision of such services by the Telephone Company as set Forth in this tariff does not constitute a

joint undertaking with the customer for furnishing of any service. These tariffs cancel and supersede all other tariffs of the Company issued and effective prior to the

effective date of these tariffs. 2.2 Undertaking of the Company A. Scope 1. The Telephone Company does not undertake to transmit messages under this tariff. 2. The Telephone Company shall be responsible only for the installation, operation and

maintenance of the service it provides. 3. The Telephone Company will, for maintenance purposes, test its services only to the

extent necessary to detect and/or clear troubles. 4. Services are provided 24 hours daily, seven days per week, except as set forth in

other sections of this tariff. B. Limitations

1. The customer may assign or transfer the use of services under this tariff if there is

no interruption in or relocation of services. The assignee or transferee must agree to assume all outstanding indebtedness for service provided under this tariff and any termination liability associated with the services provided. The customer will remain jointly liable with the assignee or transferee for any obligations existing at the time of the assignment.

Prior assignment, the Telephone Company must acknowledge in writing that all

requirements have been met. Acknowledgement will be made within fifteen days after the Telephone Company has been notified of the proposed assignment.

2. All services offered in this tariff will be provided on a first-come first-served basis.

The use and restoration of services shall be in accordance with Part 64, Subpart D, Appendix A of the FCC Rules and Regulations.


2. General Rules & Regulations (cont’d) 2.2 Undertaking of the Company (cont’d)

C. Liability

1. Except in the case of willful misconduct for which the Telephone Company’s liability is not limited by this tariff, the Telephone Company’s liability for damages shall not exceed an amount equal to the proportionate tariff charge for the period during which the service was affected. This liability for damages shall be in addition to any amounts that may be due the customer as described in 2.5(C).

2. The Telephone Company shall not be liable for any act or omission of any other

carrier or customer providing a portion of a service, nor shall the Telephone Company for its own act or omission hold liable any other carrier or customer providing a portion of a service.

3. The Telephone Company is not liable for damages to the customer premises

resulting from the furnishing of service, including the installation and removable of equipment and associated wiring, unless the damage is caused by the Telephone Company’s negligence.

4. The Telephone Company shall be indemnified, defended and held harmless by the

end user, against any claim, loss or damage arising from the end user’s use of services offered under this tariff, involving:

a. Claims for libel, slander, invasion of privacy or infringement of copyright

arising from the end user’s own communications; b. Claims for patent infringement arising from the end user’s acts of combining

or using the Telephone Company in connection with facilities or equipment furnished by the end user;

c. All other claims arising out of any act or omission of the end user in the

course of using services provided pursuant to this tariff.

5. The Telephone Company shall be indemnified, defended and held harmless by the Interexchange Carrier’s (IC) use of services offered under this tariff involving:

a. Claims for libel, slander, invasion of privacy or infringement of copyright

arising from the IC’s own communications; b. Claims for patent infringement arising from the end user’s acts of combining

or using the Telephone Company in connection with facilities or equipment furnished by the IC;

c. All other claims arising out of any act or omission of the IC in the course of

using services provided pursuant to this tariff.



C. Liability (cont’d)

6. The Telephone Company’s failure to provide or maintain services under this tariff shall be excused by labor difficulties, governmental orders, civil commotions, criminal actions taken against the Telephone Company, acts of God, and other circumstances beyond the Telephone Company’s reasonable control, subject to the credit Allowance for a Service Interruption as set forth in 2.5(D) following.

7. The Telephone Company will not be liable for any consequential, incidental or

indirect damages for any cause of actions, whether in contract or tort. Consequential, incidental and indirect damages include, but are not limited to lost project, lost revenues or loss of business opportunity, whether or not the Telephone Company was aware or should have been aware of the possibility of these damages.

D. Provision of Services The Telephone Company’s obligation to furnish services described in this tariff is

dependent upon its ability to provide such services after provision has been made for the Telephone Company’s exchange services.

E. Installation & Termination of Services

The services provided under this tariff (A) will include any entrance cable or drop wiring

and wire or intrabuilding cable to that point where provision is made for termination of the Telephone Company’s outside distribution network facilities designated premises and (B) will be installed by the Telephone Company to such point of termination. Wire required within a building to extend access service facilities will be provided, at the customer’s request, on a time sensitive charge basis. The labor rates for the installation of such wire are the same as those set forth in 7-4 for Other Labor.

F. Maintenance of Services The services provided under this tariff shall be maintained by the Telephone Company.

The customer of others may not rearrange, move, disconnect, remove or attempt to repair any facilities provided by the Telephone Company, other than by connection or disconnection to any interface means used, except with the written consent of the Telephone Company.

G. Changes & Substitutions Except as provided for equipment and systems subject to FCC Part 68 Regulations at

47.CFR section 68.110(b), the Telephone Company may, where such action is



G. Changes & Substitutions (cont’d) reasonable required in the operation of its business, (A) change any facilities used in

providing service under this tariff, (B) change minimum protection criteria, (C) change operating maintenance characteristics of facilities, (D) change operations of procedures or the Telephone Company. The Telephone Company shall not be responsible if the change renders customer furnished services obsolete or requires modification of the customer furnished services. If such change materially affects the operating characteristics of the facility, the Telephone Company will provide reasonable notification to the customer in writing. Reasonable time will be allowed for any redesign and implementation required by the changes made. The Telephone Company will work cooperatively with the customer to determine reasonable notification procedures.

H. Refusal & Discontinuance of Service

1. Unless the provisions of 2.3(A) following apply, if a customer fails to comply with 2.2(F) preceding or 2.3(B), 2.4(A), 2.4(D), 2.4(E) or 2.5 following, including any payments to be made by it on the dates and times herein specified, the Telephone Company may on thirty (30) days written notice by certified US mail to the person designated by that customer to receive such notices of noncompliance, refuse additional applications for service and/or refuse to complete any pending orders for service by the non-complying customer at any time thereafter.

If the Telephone Company does not refuse additional applications for service on the

date specified in the thirty (30) days notice, and the customer’s noncompliance continues, nothing contained herein shall preclude the Telephone Company’s right to refuse additional applications for service to the non-complying customer without further notice.

2. Unless the provisions of 2.3(A) following apply, if a customer fails to comply with

2.2(F) preceding or 2.3(B), 2.4(A), 2.4(D), 2.4(E) or 2.5 following, including any payments to be made by it on the dates and times herein specified, the Telephone Company may on thirty (30) days written notice by certified US mail to the person designated by that customer to receive such notices of noncompliance, discontinue the provision of the services to the non-complying customer at any time thereafter. In the case of such discontinuance, all applicable charges, including termination charges, shall become due. If the Telephone Company does not discontinue the provision of the services involved on the date specified in the thirty (30) days notice, and the customer’s noncompliance continues, nothing contained herein shall preclude the Telephone Company’s right to discontinue the provisions of service to the non-complying customer without further notice.



I. Limitations on Use of Metallic Facilities

Signals applied to a metallic facility shall conform to the limitation set forth by the Telephone Company. Where necessary, the customer shall be responsible for the provision of current limiting devices to protect Telephone Company facilities from excessive current due to abnormal conditions and for the provisions of noise mitigation networks when required to reduce excessive noise.

J. Notification of Service-Affecting Activities The Telephone Company will provide the customer reasonable notification of service-

affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment additions, removals and routine preventative maintenance. Generally, such activities are not individual customer service specific, they affect many customer services. No specific advance notification period is applicable to all service activities. The Telephone Company will work cooperatively with the customer to determine the notification requirements.

K. Provision & Ownership of Telephone Numbers The Telephone Company reserves the reasonable right to assign, designate or change

telephone numbers associated with the Telephone Company serving central office prefixes associated with such numbers, when necessary in the conduct of its business. Should it become necessary to make a change, the Telephone Company will furnish to the customer 6 months notice, by certified mail, of the effective date and an explanation of the reason(s) for such change(s).

L. Coordination with Respect to Network Contingencies The Telephone Company intends to work cooperatively with the customer to develop

network contingency plans in order to maintain maximum network capability following natural or man-made disasters which affect telecommunications services.

2.3 Use

A. Interface or Impairment

1. The facilities and equipment provided by the customer which are used in conjunction with Telephone Company facilities in the provision of service shall not interfere with or impair the provision of service by the Telephone Company.

2. In interference as described in (1) above exists, except for equipment subject to FCC

Part 68 rules in 47 CFR Section 68.108, when practicable, the Telephone Company will notify the customer that service will be temporarily disconnected un the problem


2. General Rules & Regulations (cont’d) 2.3 Use (cont’d)

A. Interface or Impairment (cont’d)

is corrected. When prior notice is not practical, the Telephone Company may temporarily disconnect services without prior notification to the customer. The customer will be notified of the action as soon as possible and given the opportunity to correct the problem. During the period of discontinuance, the credit allowance for service interruptions as set forth in 2.5(C) following does not apply.

B. Unlawful Use

The service provided under this tariff shall not be used for an unlawful purpose.

2.4 Obligations of the Customer

A. Damages The customer shall reimburse the Telephone Company for damages to the Telephone

Company’s facilities utilized to provide services under this tariff caused by the negligence or willful act of the customer, or resulting from the customer’s improper use of the Telephone Company facilities, or due to malfunction of any facilities or equipment provided by other than the Telephone Company. Nothing in the foregoing provision shall be interpreted to hold one customer liable for another customer’s actions. The Telephone Company will, upon reimbursement for damages, cooperate with the customer in prosecuting a claim against the person causing such damage and the customer shall be subrogated to the right of recovery by the Telephone Company for the damages to the extent of such payment.

B. Ownership of Facilities Facilities utilized by the Telephone Company to provide service under the provisions of

this tariff shall remain the property of the Telephone Company. Such facilities shall be returned to the Telephone Company by the customer, whenever requested, within a reasonable period following the request in a good condition as reasonable wear will permit. Any cost of repair or replacement for unreasonable wear or damage will be billed to the customer who utilized the equipment.

C. Equipment, Space & Power The customer shall furnish or arrange to have furnished to the Telephone Company, at no

charge, equipment space and electrical power required by the Telephone Company to provide services under this tariff at the points of termination of such services. The selection of AC or DC power shall be mutually agreed to by the customer and the Telephone Company. The customer shall also make necessary arrangements in order that


2. General Rules & Regulations (cont’d) 2.4 Obligations of the Customer (cont’d)

C. Equipment, Space & Power (cont’d)

the Telephone Company will have access to such space at reasonable times for installing, testing, repairing or removing Telephone Company services.

D. Availability for Testing The services provided under this tariff shall be available to the Telephone Company at

times mutually agreed upon in order to permit the Telephone Company to make tests and adjustments appropriate for maintaining the services in satisfactory operating condition. Such tests and adjustment shall be completed within a reasonable time. No credit will be allowed for any interruptions involved during such tests and adjustments.

E. Balance All signals for transmission over the services provided under this tariff shall be delivered

by the customer balanced to ground except for ground start, duplex and alarm systems type of signaling.

F. Design of Customer Services. All signals for transmission of 2.2(G) preceding, the customer shall be solely responsible,

at its own expense, for the overall design of its services and for any redesigning or rearrangement of its services which may be required because of changes in facilities, operations or procedures of the Telephone Company, minimum protection criteria or operating or maintenance characteristics of the facilities.

G. Reference to the Telephone Company The customer may advise end users that certain services are provided by the Telephone

Company in connection with the service the customer furnishes to end users; however the customer shall not represent that the Telephone Company jointly participates in the customer’s services.

H. Claims & Demands for Damages The customer shall defend, indemnify and save harmless the Telephone Company from

and against any suits, claims, losses or damages, including punitive damages, attorney fees and court costs by third persons arising out of the construction, installation, operation, maintenance, or removal of the customers circuits, facilities or equipment connected to the Telephone Company’s services provided under this tariff, including, without limitations, Worker’s Compensation claims, actions for infringement of copyright and/or unauthorized use of program material, liable, slander actions based on the content of communications transmitted over the customer’s circuits, facilities or



H. Claims & Demands for Damages (cont’d) equipment and proceedings to recover taxes, fines or penalties for failure of the customer

to obtain or maintain in effect any necessary certificates, permits, licenses or other authority to acquire or operate the services provided under this tariff; shall not apply to suits, claims and demands to per recover damages for damage to property, death or personal injury unless such suits, claims or demands are based on the tortuous conduct of the customer, its officers, agents or employees. The customer shall defend, indemnify and save harmless the Telephone Company from and against any suits, claims, losses or damages, including punitive damages, attorney fees and court costs by the omission of the customer in the course of using services under this tariff.

I. Jurisdictional Report Requirements

1. When a customer orders Switched Access Services the Telephone Company, where the jurisdiction can be determined by the call detail, will determine the projected intrastate usage. When call detail is insufficient to determine the jurisdiction, the customer shall supply the projected intrastate percentage or authorize the Telephone Company to use the Telephone Company developed percentage. Effective the first of January, April, July & October of each year the customer shall update the interstate and intrastate jurisdictional reports. The customer shall forward to the Telephone Company, to be received no later than the fifteen days after the first of each said month a revise report showing the interstate and intrastate usage for the past three months ending the last day of December, March, June & September respectively. If a customer does not supply the reports, the Telephone Company will assume

the percentages to be the same as those reported previously. In the case that a report has never been received from the customer, the Telephone Company will assume the percentages to be the same as those provided on the original order for service.

2. If a billing dispute arises concerning the projected intrastate percentage, the

Telephone Company will ask the customer to provide the data the customer uses to determine the projected intrastate percentage. The Telephone Company will not request such data more than once a year. The customer shall supply the data within 30 days of the Telephone Company request.

J. Determination for Intrastate Charges for Mixed Access Services

When mixed interstate and intrastate switched and special access is provided, all charges (i.e. nonrecurring, monthly and/or usage), will be provided in the reports as set forth in 2.4(I) preceding will serve as the basis for prorating the charges. The percentage to be charged as interstate is applied in the in the following manner:



J. Determination for Intrastate Charges for Mixed Access Services (cont’d)

1. For monthly and nonrecurring chargeable rate elements, multiply the percent intrastate use times the quantity of chargeable elements times the stated tariff rate per element.

2. For usage sensitive (i.e access minutes and calls) chargeable rate elements, multiply

the percent intrastate use times actual use times the stated tariff rate.

2.5 Payment Arrangements & Credit Allowances

A. Payment of Rates & Charges 1. The Telephone Company will bill all usage charges monthly in arrears. All non-usage

sensitive access services will be billed monthly in advance. Nonrecurring charges will be billed in the month following the provision of service.

2. The bill day for all switched access services will be established by the Telephone

Company. Payment for service is due by the next bill day of the following month unless the due date falls on a Saturday, Sunday or legal holiday. If such payment date falls on a weekend or legal holiday the due date is the following day.

3. For services provided on a monthly basis, the charge for the provision of a fractional

months service will be determined by dividing the numbers of days that service was provided by 30 and multiplying the result times the rate.

B. Minimum Periods

Unless a minimum service period is described for a specific tariff item, the minimum period for which services are provided and for which rates and charges are applicable is one month.

C. Credit Allowance for Service Interruptions

1. A service is interrupted when it becomes unusable to the customer because of a failure of facilities used to furnish service under this tariff or in the event that the protective controls applied but the Telephone Company result in the complete loss of service by the customer. An interruption period starts when an inoperative service is reported to the Telephone Company and ends when the service is operative. An allowance for interruption will apply only when the interruptions is not due to the negligence of the customer. For switched access no credit will be given for an interruption of less than 24 hours. The customer will be credited for an interruption of 24 hours or more at a rate of 1/30 of the applicable monthly rates or minimum monthly usage charge for each period of 24 hours that the interruption continues.


2. General Rules & Regulations (cont’d) 2.5 Payment Arrangements & Credit Allowances

C. Credit Allowance for Service Interruptions (cont’d)

2. Credit Allowances Do Not Apply for:

a. Interruptions caused by the negligence of the customer. b. Interruptions of a service due to the failure of equipment or systems provided by

the customer or others. c. Interruptions of a service during any period in which the Telephone Company is

not afforded access to the premises where the services terminate. d. Interruptions of a service when the customer has released that service to the

Telephone Company for maintenance purposes, to make rearrangements, or for the implementation of a change order during the time that was negotiated with the customer prior to the release of service. Thereafter, a credit allowance as described above applied.

e. Periods when the customer elects not to release the service for testing and/or

repair and continues to use it on an impaired basis.

D. Re-establishment of Service Following Fire, Flood or Other Occurrence

1. Nonrecurring charges do not apply for the re-establishment of service for the same customer following an interruption resulting from a fire, flood or other occurrence attributed to an act of God provided that: a. The service is of the same type as was provided prior to the interruption. b. The service is at the same location on the same premises. c. The re-establishment of service begins within 60 days after Telephone Company

service is available.


3. Ordering Options for Switched Access 3.1 General This section sets forth the order related regulations and charges for Switched Access Services. These

regulations and charges are in addition to other applicable regulations and charges as set forth in other sections of this tariff.

A. Ordering Conditions A customer may order any number of services of the same type and between the same premises

on a single Access Order The ordering customer must provide a copy of the access order to the Telephone Company. The

customer shall provide all information necessary for the Telephone Company to provide and bill for the requested service. In addition to the order information required in 3.2 below, the customer must also provide: 1) customer name and premises address(es); 2) billing name and address (when different from customer name and address); and customer contact name(s0 and telephone number(s) for order negotiation, order confirmation, interactive design, installation and billing.

Orders for switched access should be in trunks and channels.

3.2 Access Order An access order is used by the Telephone Company to provide a customer Switched Access Service, when

placing an order for service the customer shall supply, at a minimum, the following information: 1) the number of trunks and channels; 2) the A and Z locations of the trunk; 3) the interstate and intrastate percent of use; and 4) information described above in 3.1 (A).

3.3 Access Order Service Intervals

To the extent the Access Service can be made available with reasonable effort, the Telephone Company

will provide Access Service in accordance with the customer’s requested interval. The Telephone Company is not responsible for any delays caused by any other connecting exchange telephone company in the provision of service.

If in order to meet the customer’s requested service date, work must be performed outside scheduled work

hours, additional labor charges as described in section 5 will apply.

3.4 Access Order Modifications The customer may request a modification of its Access Order prior to the service date. The Telephone

Company will make every effort to accommodate a requested modification when it is able to do so with a normal work force assigned to complete such an order within normal work hours. Id the modification cannot be made with the normal work force during normal business hours, the Telephone Company will notify the customer that additional labor and/or engineering charges will apply. If the customer still


3. Ordering Options for Switched Access (cont’d) 3.4 Access Order Modifications (cont’d) desires the Access Order modification and agrees to the any additional charges which may apply, the

Telephone Company will schedule a new service date. 3.5 Cancellation of an Access Order

A. A customer may cancel the Access Order for the installation of service on any date prior to the service date. The cancellation date is the date the Telephone Company receives the written or verbal notice from the customer that the order is to be cancelled. The verbal notice must be followed by written confirmation within ten days.

B. When a customer cancels an Access Order, a cancellation charge will apply as follows:

1. Installation of Switched Access service facilities is considered to have started when the Telephone Company incurs any cost in connection with the installation. Where installation of access facilities has been starts prior to the cancellation, the charges specified below, whichever is less will apply: a. A charge equal to the nonrecoverable cost of equipment and material ordered,

provided or used, plus the nonrecoverable cost of installation and removal including the cost of engineering, labor, supervision, transportation, right-of-way and other associated costs less actual net salvage received after disposal of facilities.

b. The charge for the minimum period of Switched Access service ordered by the

customer.

2. Where the customer cancels an Access Order prior to the start date of installation of access facilities no charges shall apply.

3. If the Telephone Company misses a service date by more than 30 days due to

circumstances over which it has direct control (excluding, e.g. acts of God, governmental requirements, work stoppages and civil commotions), the customer may cancel the Access Order without incurring cancellation charges.

3.6 Selection of Facilities for Access Orders The Telephone Company will make a reasonable effort to accommodate a customer request for a specific

transmission path. The Telephone Company will make the final determination as to transmission paths utilized in the provision of service.


3. Ordering Options for Switched Access (cont’d) 3.7 Minimum Period The minimum period for which Switched Access service is provided and for which charges are applicable

is one month. When Switched Access service is disconnect prior to the expiration of the minimum period, charges are applicable.


4. Additional Engineering, Additional Labor & Miscellaneous Service In this section, normally scheduled working hours are an employee’s scheduled work period on any given business day which totals eight (8) hours. 4.1 Additional Engineering Additional engineering will be provided by the Telephone Company at the request of the customer

when: 1) A customer requests additional technical information after the Telephone Company has already provided the technical information normally included in the Design Layout Report as referenced in 4.3 (D) preceding and 2) a customized service is requested by the customer.

The Telephone Company will notify the customer that additional engineering charges will apply before

any additional engineering is undertaken. The charges for additional engineering are shown in 7-3.

4.2 Additional Labor Additional labor is that labor requested by the customer on a given service and agreed to by the Telephone

Company. The Telephone Company will notify the customer that additional labor charges will apply before any additional labor charges are incurred. Additional labor charges apply to the services described below.

A. Overtime Installation Overtime installation is that Telephone Company installation effort outside of normally scheduled

working hours. B. Overtime Repair Overtime repair is that Telephone Company maintenance effort performed outside of normally

scheduled working hours. C. Stand by Stand by includes all time in excess of one-half hour during which Telephone Company

personnel stand by to make installation acceptance tests or cooperative tests with a customer. D. Testing & Maintenance with Other Telephone Companies Additional labor charges apply for additional testing, maintenance or repair of facilities which

connect to facilities of other telephone companies. This is in addition to the normal effort required to test, maintain or repair facilities provided solely by the Telephone Company.


4. Additional Engineering, Additional Labor & Miscellaneous Service (cont’d) 4.2 Additional Labor (cont’d)

E. Testing Services Testing services other than those described in other parts of this tariff will be provided at the

hourly rate if requested by the customer. Testing will be provided subject to the availability of equipment and qualified personnel.

F. Other Labor Other labor is that additional labor incurred to accommodate a specific customer request that

involves labor which is not covered by any other section of this tariff. It also covers additional labor necessary to meet customer requests as described in section 3.

The charges for additional labor are shown in 7-4

4.3 Miscellaneous Services A. Maintenance of Service

When a customer reports a trouble to the Telephone Company for clearance and the trouble is not in the Telephone Company’s facilities, the customer shall be responsible for payment of a maintenance of service charge for the period of time from when Telephone Company personnel are dispatched to the customer’s premises to when the work is completed.

Charges for maintenance of service are shown in 7-5(A). B. Programming Services Programming charges apply when a request by a customer for information concerning the access

services provided to the customer result in the creation of new computer software in order to provide the requested information.

The Telephone Company will notify the customer that additional programming charge will apply

before an additional programming is undertaken. Charges for programming service are located in 7-5(B).


5. Switched Access Service 5.1 General Switched Access service, which is available to customers for their use in furnishing their services to end

users, provides a communication path between a customer’s premises and an end user’s premises. It provides for the use of common terminating, switching and trunking facilities and common subscriber plant of the Telephone Company. Switched Access service provides for the ability to originate calls from an end user’s premises to a customer’s premise, and to terminate calls from a customer’s premises to an end user’s premises in the LATA where it is provided. Specific charges for Switched Access service are provided in section 7-2.

5.2 Rate Categories There are two recurring rate categories for Switched Access: 1) Local Transport and 2) End Office

Access.

A. Local Transport provides the transmission facilities between the customer designated premises and each end office switch of the Telephone Company where the customer’s traffic is switched when originating and terminating the customer’s traffic. The local transport charge is not distance sensitive.

If the customer utilizes the facilities of another connecting exchange carrier to access the

Telephone Company end office switch for the provision of switched access service, the local transport charge will provide facilities between the end office switch and the interconnection point with the connecting exchange carrier.

Local transport is a two-way voice frequency transmission path composed of facilities determined

by the Telephone Company, the path permits the transport of calls in the originating and terminating directions.

The Telephone Company will work cooperatively with the customer to develop routing and other

local transport arrangement. B. The end office rate category provides the local end office switching and end user termination

functions necessary to complete the transmission of Switched Access communications to and from the end users served by the local end office.

5.3 Obligation of the Telephone Company

In addition to the obligations of the Telephone Company set forth is section2, preceding, the Telephone

Company has certain other obligations pertaining only to the provision of Switched Access service. These obligations are as follows: A. Network Management The Telephone Company will administer its network to insure the provision of acceptable service

levels to all telecommunications users of the Telephone Company’s network services. Generally,


5. Switched Access Service (cont’d) 5.3 Obligation of the Telephone Company (cont’d)

A. Network Management (cont’d)

service levels are considered acceptable only when both end users and customers are able to establish connections with little or no delay

B. Provision of Service Performance Data Subject to availability, the Telephone Company will make available trunk group data in the form

of usage to the customer based on previously agreed to intervals. C. Determination of Number of Transmission Paths The Telephone Company will determine the number of Switched Access service transmission

paths to be provided for the Switched Access D. Design Layout Report At the request of the customer, the Telephone Company will provide to the customer the makeup

of the facilities and services provided from the customer’s premises to the first point of switching. This information will be provided in the form of a Design Layout Report (DLR). The DLR will be provided to the customer at no charge, and will be re-issued or updated whenever these facilities are materially changed.

4.4 Obligations of the Customer In addition to the obligations of the customer obligations set forth in section 2.4 the customer has certain

specific obligations pertaining to the use of Switched Access service. These obligations are as follows:

A. Supervisory Signaling The customer’s facilities shall provide the necessary on-hook, off-hook, answer and disconnect

supervision. B. Trunk Group Measurement Reports With the agreement of the customer, trunk group data will be made available to the Telephone

Company. These data will be used to monitor trunk group utilization and service performance and will be provided based on previously arranged intervals and format.

4.5 Rate Regulation This section contains the specific regulation governing the rates and charges that apply for Switched

Access services.


4. Switched Access Service (cont’d) 4.5 Rate Regulation (cont’d)

A. Minimum Periods Switched Access service is provided for a minimum period of one month B. Minimum Monthly Charge

1. Premium Access The monthly charge for local transport will be developed by multiplying the number of

minutes by the rate. 2. Transitional (Non-Premium) Access The monthly charge for local transport will be developed by multiplying the number of

minutes by the rate.

C. Measuring Access Minutes Customer traffic to end offices will be measured by the Telephone Company. Originating and

terminating calls will be measured by the Telephone Company to determine the chargeable access minutes. In the event customer message detail is not available because the Telephone Company lost or damaged records, the Telephone Company will compute chargeable access minutes by estimating the volume of lost calls based on previously known values.


6. Additional Engineering, Additional Labor & Miscellaneous Service 6.1 General This section addresses special construction of Telephone Company facilities which are used to provide

service offered under this tariff. When special construction is required as described in 6.2 following, the provisions of this section apply in addition to regulations, rates and charges set forth in other sections of this tariff. Pricing for special construction is on an individual basis. The customer will provide written authorization to the Telephone Company prior to the commencement of any special construction.

6.2 Conditions Requiring Special Construction Special construction is required when suitable facilities are not available to meet a customer’s order for

service and one or more of the following conditions exist:

The Telephone Company has no other requirement for the facilities constructed at the customer’s request;

The customer requests that service be furnished using a type of facility, or via a route, other than that which the Telephone Company would otherwise utilize in furnishing the requested service;

The customer requests the construction of one or more facilities than are required to satisfy its order for service;

The customer requests construction be expedited resulting in added cost to the Telephone Company; and

The customer request that temporary facilities be constructed until permanent facilities are available.


7. N11 Service 7.1 Terms and Conditions

1. N11 Service is available in the Dubois Telephone Exchange, Inc.’s territory only. To provide N11 access to end users in other company territory, or to a Competitive Local Exchange Carrier’s (CLEC) end user, the N11 subscriber must make appropriate arrangements with the alternate company or CLEC serving that territory.

2. This service is provided subject to the availability of the N11 code. 3. N11 can be delivered via regular exchange access lines (by individual business line, PBX

trunks, etc.) 4. Access to N11 is not available to the following classes of service:

1+ 0+, 0- (credit card, third-party billing, collect calls) 101XXXX In addition, operator assisted calls to the N11 subscriber will not be completed.

5. The N11 subscriber is restricted from selling or transferring the N11 code to an unaffiliated entity, either directly or indirectly.

6. N11 will not provide calling number information in real time to the N11 subscriber. If the

N11 subscriber needs this type of information, the 211 subscriber must subscribe to a compatible Caller Identification Service as specified elsewhere.

7. Calls to the N11 code that translate to a disconnected number will be routed to intercept of

the announcement facilities for a maximum of 60 days, when the N11 provider is a Company subscriber. The announcement provided may refer the caller to another telephone number. Callers placing calls to N11 from areas where N11 Service is not provided will be advised that the service is not available from their number.


7. N11 Service (cont’d) 7.1 Terms and Conditions (cont’d) 8. Disputes regarding geographic coverage by two or more N11 subscribers will be referred

to the Colorado Public Utilities Commission.

9. The Company will provision the subscriber’s order within a reasonable time, given the complexity of the order. The N11 subscriber will be billed the nonrecurring charge when the Company provisions the service.

10. If during this period the N11 subscriber has failed to establish service or decides to discontinue service establishment, the N11 code will be recalled and the code will be

considered available for reassignment. If the network has been provisioned for the subscriber, the nonrecurring charges will not be refunded or waived.

Only a single seven or ten-digit local number or a single ten-digit toll-free number may be

used as the point-to number. 11. N11 Service is provided where facilities permit. 12. The N11 subscriber should work separately with cellular or wireless companies to ascertain

whether cellular or wireless customers will be able to reach community information and referral services provided by dialing N11.

13. N11 will be provided under the following conditions:

a. The subscriber will subscribe to adequate telephone facilities, both initially and

subsequently as required in the judgment of the Company, to handle calls to N11 without impairing the Company’s general telephone service or telephone plant.

b. The N11 subscriber is responsible for obtaining all necessary permissions, licenses,

written consents, waivers and releases, and all other rights from all persons whose work, statements or performances are used in connection with the service, and from all holders of copyrights, trademarks, and patents used in connection with the service.

c. The N11 subscriber shall be liable for, and shall indemnify, protect, defend and save

harmless the Company against all suits, actions, claims, demands and judgments, and of all costs, expenses and counsel fees incurred on account thereof, arising out of and resulting directly or indirectly from the service or in connection therewith, including, but not limited to, any loss, damage, expense or liability resulting from any infringement or claim of infringement, or any patent, trademark, copyright, or resulting from any claim of liable and slander.

d. Suspension of N11 Services is not allowed.


7. N11 Service (cont’d) 7.1 Terms and Conditions (cont’d)

13. N11 will be provided under the following conditions: (cont’d) e. The N11 subscriber will respond promptly to any and all complaints lodged with any

regulatory authority against any service provided via N11. At the Company’s request, the N11 subscriber will assist in responding to complaints made to the Company concerning the subscriber’s N11 service.

f. The Company will provide both oral and written notification when a N11 subscriber’s

service unreasonably interferes with or impairs other services rendered to the public by the Company or by other subscribers of N11. The Company reserves the right once notification is made to institute protective measure up to and including termination at any time and without further notice. The Company may take protective measure when the N11 subscriber makes no modification or is unwilling to accept modification in method of operation, or continues to cause service impairments.

14. The following conditions apply if the N11 subscriber provides a pre-recorded

announcement:

a. The N11 subscriber will be responsible for and provide all announcements. The Company will provide only delivery of the call.

b. The Company’s provision of access to the N11 network for transmission of

announcements or recorded program services is subject to the availability of such facilities and the requirements of the local exchange network.

c. The N11 subscriber assumes all financial responsibility for all costs involved in

providing announcement or recorded program services, including, but not limited to, the recorder-announcement equipment producing the recording, advertising and promotional expenses.

d. The N11 subscriber assumes all financial responsibility, according to other specific rates

and charges under tariff, for all facilities required to connect the recorder-announcement equipment located on the subscriber’s premises.

15. The Company may take all legal and practical steps (including disconnection of this service)

to disassociate it from N11 subscribers whose business and/or public conduct (whether demonstrated or proposed) generate unacceptable levels of complaints by end users.

16. The Company is not liable for any losses or damages of any kind resulting from the

unavailability of its equipment, facilities or for any act, omission, or failure of performance by the Company, its employees or agents, in connection with this Price Schedule. The Company will not be responsible for calls that cannot be completed as a result of repair or maintenance difficulties on Company facilities and equipment or on equipment owned or leased by the subscriber.


7. N11 Service (cont’d) 7.1 Terms and Conditions (cont’d)

17. Calls placed to the N11 code will be routed to the point-to number based upon the central office switch and/or the Number Plan Area (NPA) of the calling party. Routing based upon NPA and NXX, ten-digit telephone number or ZIP Codes can be provided where technically feasible.

7.2 Rates and Charges

1. A Service Establishment charge will apply per point-to-number.

2. N11 subscribers will pay the normal tariffed charges for the local exchange access arrangements (e.g., PBX trunks Centrex Type Services lines, etc.) used for transporting and terminating messages at the N11 subscriber’s designated premises.

3. A Central Office Switch Activation charge will apply per central office translated to the

point-to number and to change the point-to number.

4. Charges applicable to N11 Service are as follows: Nonrecurring Charge a. Service Establishment Charge Per Point-to Number $ 50.00 b. Central Office Switch Activation Charge Per Central Office Switch translated 30.00 c. Charge per call routed N/A


8. Rates 8.1 General The rates and charges for the services offered in this tariff are shown in this section. Reference is made for

each rate element to the appropriate tariff section where the regulations describing application of the rate are located.

8.2 Switched Access Rates

A. Nonrecurring Charges Per Line or Trunk Connected $290.13 3.1(A) B. Recurring Charges Local Transport Per Access Minute Transport Origination (Premium) .02500 4.2(A) Transport Origination (Non-Premium) .02500 4.5(B) Transport Termination (Premium) .002171 4.2(A) Transport Termination (Non-Premium) .002171 4.5(A) Transport Facility Termination, per mile .000339 4.2 (A) & 4.5(B) End Office Premium Access Local Switching .00500 4.2(B) & 4.5(B) Transitional (Non-Premium) Access .00500 4.2(B) & 4.5(B)

8.3 Additional Engineering Basic Time Overtime

A. Per engineer, ½ hour or fraction thereof $16.17 $19.18 5.1

8.4 Additional Labor A. Per technician, ½ hour or fraction thereof $12.68 $17.40 5.2

8.5 Miscellaneous Services

A. Maintenance of Service Per technician, ½ hour or fraction thereof $12.68 $17.40 5.3(A) B. Programming Services Per programmer, ½ hour or fraction thereof $28.90 $40.00 5.3(B)

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