BRESNAN BROADBAND OF COLORADO, LLC

Transcription

1 Original Sheet No. 1 COLORADO TELECOMMUNICATIONS TARIFF OF BRESNAN BROADBAND OF COLORADO, LLC BASIC LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES FOR BUSINESS CUSTOMERS TOLL-FREE TELEPHONE NUMBER (877) This tariff ("Tariff') contains the descriptions, regulations, and rates applicable to the furnishing of competitive, presubscribed local exchange telecommunications services provided by Bresnan Broadband of Colorado, LLC within the, State of Colorado. This tariff is on file with the Colorado Public Utilities Commission (PUC). Copies may be inspected during normal business hours at the PUC or at the Company's principal place of business, One Manhattanville Road, Purchase, New York '

2 Original Sheet No. 1 DESCRIPTION SHEET NUMBER TITLE SHEET... Title TABLE OF CONTENTS... 1 EXPLANATION OF SYMBOLS... 4 TARIFF FORMAT... 4 APPLICATION OF TARIFF... 5 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS... 6 SECTION 2 - RULES AND REGULATIONS UNDERTAKING OF COMPANY CUSTOMER'S USE OF SERVICE APPLICATION FOR SERVICE DEPOSITS CREDIT PROVISION AND MAINTENANCE OF SERVICE MINIMUM SERVICE PERIOD CUSTOMER RESPONSIBILITIES PAYMENTS AND BILLING TAXES ALLOWANCES FOR INTERRUPTION OF SERVICE CANCELLATION OR MODIFICATION OF SERVICE BY CUSTOMER DENIAL OR DISCONTINUANCE OF SERVICE RESTORATION OF SERVICE LIMITATION OF LIABILITY NOTICES CUSTOMER PROVIDED EQUIPMENT AND INTERCONNECTION PROVISION AND OWNERSHIP OF TELEPHONE NUMBERS... 46

3 Original Sheet No. 2 DESCRIPTION SHEET NUMBER SECTION 3 - DESCRIPTION OF SERVICE APPLICATION OF RATES LOCAL EXCHANGE SERVICES DIRECTORY LISTING NON-PUBLISHED SERVICES NON-LISTED SERVICES OTHER DIRECTORY SERVICES -ADDITIONAL LISTINGS CUSTOM CALLING SERVICES TOLL RESTRICTION N-l-l ABBREVIATED DIALING CODES RESERVED FOR FUTURE USE SECTION 4 -RATES AND CHARGES NONRECURRING CHARGES BASIC SERVICE RATES CUSTOM CALLING FEATURES TOLL RESTRICTION SERVICE DIRECTORY LISTING SERVICE PRIMARY INTEREXCHANGE CARRIER CHANGE AND FREEZE CHARGES LITAP SURCHARGE HIGH COST SUPPORT MECHANISM TELEPHONE RELAY SYSTEM SECTION 5 - EXCHANGE AREAS LIST OF EXCHANGE AREAS AND LOCAL CALLING AREAS (LCA) COMPANY SERVICE AREA... 60

4 Original Sheet No. 3 EXPLANATION OF SYMBOLS (C) (D) (I) (M) (N) (R) (T) Change in text due to a changed regulation, term, or condition, which does not affect rates. Deleted or discontinued rate, regulation, term, condition or material. To signify a change resulting in an increase to a rate. Material moved from or to another part of the utility's tariff; a footnote indicating where the material was moved from and where the material was moved to shall accompany all "M" classified changes. New material, including new products, rates, terms, or conditions. To signify a change resulting in a reduction to a rate. Change in text but no change to rate, term, condition or charge.

5 Original Sheet No. 4 TARIFF FORMAT A. Sheet Numbering -Sheet numbers appear in the upper right corner of the Sheet. Sheets are numbered sequentially. However, occasionally, when a new Sheet is added between Sheets already in effect, a decimal is added. For example, a new Sheet added between Sheets 14 and 15 would be B. Sheet Revision Numbers -Revision numbers also appear in the upper right corner of each Sheet. These numbers are used to determine the most current Sheet version on file with the Commission. For example, the 4th revised Sheet 14 cancels the 3rd Revised Sheet 14. Because of various suspension periods, deferrals, etc. the Commission follows in its tariff approval process, the most current Sheet number on file with the Commission is not always the Sheet in effect. Consult the Check Sheet for the Sheet currently in effect. C. Paragraph Numbering Sequence -There are nine levels of paragraph coding. Each level of code is subservient to its next higher level: A A.l A. 1.(a) A.l.(a).I A.l.(a).I.(i) A.1.(a).I.(i).(1 ).

6 Original Sheet No. 5 APPLICATION OF TARIFF A. This Tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate telecommunications services offered by Bresnan Broadband of Colorado, LLC ("Company") to business customers located within the State of Colorado. Customers may elect to take service solely under the rates, terms and conditions set forth in this Tariff or may elect to take service under a Special Contract. In either case, customers must execute a Service Agreement with respect to the Company's equipment prior to commencing the Service. If a customer elects to enter into a Special Contract for service the rates, terms and conditions set forth in the Tariff and the rates, terms, and conditions set forth in the Special Contract shall both apply except that the provisions of the Special Contract shall control to the extent those provisions differ from those set forth in this Tariff. B. The. rates and regulations contained in this Tariff apply only to the intrastate telecommunications services furnished by Company and do not apply, unless otherwise specified, to the lines, facilities, or the services provided by a Local Exchange Carrier or other common Carrier for use in accessing the services of Company. This Tariff does not cover any information service or other unregulated service offered by Compal1Y. Company will offer any information or other unregulated service in accordance with Company's current price list or contract, whichever applies to the particular customer. C. Company may not be deemed to have waived or impaired any right, power, requirement or option reserved by this Tariff (including, but not limited to, the right to demand exact compliance with every term and condition herein), by virtue of any custom or practice of Company at variance with the terms hereof, or any failure, refusal or neglect of Company to exercise any right under this Tariff or to insist upon exact compliance with its terms, or any waiver, forbearance, delay, failure or omission by Company to exercise any right, power or option hereunder. D. The rates, Jules, terms and conditions contained herein are subject to change pursuant to the rules and regulations of the Commission. E. This Tariff will be maintained and made available for inspection by any customer at Company's principal business office at One Manhattanville Road, Purchase, New York and at the Colorado Public Utilities Commission, 1560 Broadway, Suite 250, Denver, CO Amended

7 Original Sheet No. 6 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Certain terms used generally throughout this Tariff for services of Company are defined below. Authorized User: A person, firm, corporation or other entity that either is authorized by the customer to use service or is placed in a position by the customer, either through acts or omissions, to use service. Basic Local Exchange Service: Building: The telecommunications service that provides a local dial tone line and local usage necessary to place or receive a call within a local calling area as established by the Colorado Public Utilities Commission. Called Station: Campus: Carrier: Channel: A structure occupied by one or more customers. The terminating point of a call (i.e., the called number). A group of two or more buildings or spaces located on a single owned continuous or contiguous property A company authorized by the Colorado Public Utilities Commission to provide telecommunications services. A communications path between two or more points of termination. Amended

8 Original Sheet No. 7 Collect Call: Commission: Company: Customer: SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, Continued A billing arrangement where a call is billed to the called station. The Colorado Public Utilities Commission. Bresnan Broadband of Colorado, LLC The firm, corporation or other entity that orders or uses service and is responsible for payment of charges and compliance with tariff regulation. Customer Premises: A location(s) designated by the customer for the purposes of connecting to Company's services. Customer Premises Equipment (CPE): Equipment located at the customer's Premises for use with Company's services. Demarcation Point The point of interconnection between the Company's facilities and terminal equipment, protective apparatus or wiring at a premises. The demarcation point location will be within twelve inches of the protector, or when there is no protector, within twelve inches, or as close as practicable, of the point at which the cable/wire enters the customer s premises. Disconnect or Disconnection: The cessation of a customer's service by the Company pursuant to the provisions of applicable Commission rules. Amended

9 Original Sheet No. 8 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, Continued Entrance Facilities: Facilities: Those facilities from the property line to the point at which the cable/wire enters the premises and terminates at the protector. Central office equipment, supplemental equipment, apparatus, wiring, cables and other material and mechanisms necessary to or furnished in connection with telephone service. Force Majeure: Causes beyond Company's control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state ' and local governments having or claiming jurisdiction over Company, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection, riots, wars, unavailability of rights-ofway or materials; or strikes, lock-outs, work stoppages, fraudulent acts of a third party, or other labor difficulties. Amended

10 Original Sheet No. 9 Holidays: Inside Wire: LATA: SECTION 1-TECHNICAL TERMS AND ABBREVIATIONS, Continued New Year's Day, Independence Day, Labor Day, Thanksgiving and Christmas. Telephone wiring located on the building owner's/customer's side of the demarcation point. Such wiring is deregulated. Installation and maintenance of Inside Wire is the responsibility of the customer or premises owner. Local Access and Transport Area (illata"). A geographic area established for the provision and administration of communications service. A LATA encompasses designated exchanges, which are grouped to serve common social, economic and other purposes. Local Exchange Carrier: Local Service: A company that furnishes local exchange telecommunications service. The furnishing of telecommunications services to within a local calling area. Minimum Point of Entry: The closest practicable point to where telephone facilities cross a property line or enter a building. Non-recurring Charge: A charge associated with a given service or item of equipment which applies on a per service and/or a per item basis each time the service or item of equipment is provided or changed. Amended

11 Original Sheet No. 10 Premises: SECTION 1-TECHNICAL TERMS AND ABBREVIATIONS, Continued All of the space in a building or buildings or contiguous property, not separated by a public highway or right-of-way, which the customer has the right of occupancy to the exclusion of others or shares the right of occupancy with others. Primary Basic Exchange Service: The first business basic exchange access lines at a business premises, that consist of a dial tone line and the associated usage service. Private Branch Exchange (PBX) Service: PBX Service Protector: Service(s): An arrangement which comprises manual and/or automatic common equipment, wiring and station apparatus, and which provide for interconnection of main station lines associated with an attendant position and/or common equipment located on the' customer's premises or extended to another premises of the same customer. Provide for centralized processing of exchange access by stations through groups of Central Office trunks, WATS lines, etc., or with other communications systems through circuits connected to the common equipment. Intercommunications between stations through the common equipment is an inherent feature of the service. An electrical device located in a central office, a customer premises or anywhere along the telephone facility path. This device protects both the Company's and the customer's property and facilities from high voltages and surges in current. The intrastate telecommunications services that Company offers pursuant to this Tariff.

12 Original Sheet No. 11 SECTION 1-TECHNICAL TERMS AND ABBREVIATIONS, Continued Service Agreement: A contract between the Customer and the Company setting forth the rights and obligations of Customers with respect to the Bresnan equipment and facilities on the Customer's Premises. Special Contract: A contract between the Customer and the Company setting forth rates, terms, and conditions for service separately negotiated between the Customer and the Company. This Tariff applies to Customers who sign a Special Contract, however, the provisions of the Special Contract control where those provisions differ from this Tariff. Telecommunications Relay Service (TRS): Enables deaf, hard-of-hearing or speech-impaired persons who use a text telephone or similar devices, to communicate freely with the hearing population not using text. telephone and visa versa. Third Number Billed Call: A call made from outside of the customer's Premises and billed by the operator to the customer's number. White Pages Directory Listing: A directory listing found in the local White Pages telephone directory.

13 Original Sheet No UNDERTAKING OF COMPANY SECTION 2 - RULES AND REGULATIONS Company undertakes to provide services subject to the terms and conditions of this Tariff Company's services are furnished for telecommunications originating and/or terminating within the Company's authorized service area(s) in the State of Colorado Company offers services to customers for the transmission and reception of voice, data, and other types of communications Company does not transmit messages pursuant to this Tariff, but its services may be used for that purpose Company's services are provided on a monthly basis unless otherwise provided, and are available twenty-four (24) hours per day, seven (7) days per week Company may, at Company's sole discretion, elect to employ third parties to perform any of its obligations under this tariff CUSTOMER'S USE OF SERVICE Service may be used for any lawful purpose consistent with this Tariff and with the transmission and switching parameters of the telecommunications facilities utilized in the provision of services Equipment the Company provides or installs at the customer's Premises for use in connection with the services the Company offers may not be used for any other purpose other than for which Company provided it. Customer may not, and may not permit others to, rearrange, disconnect, remove, attempt to repair,. or otherwise interfere with any of the services or equipment installed by Company or Company's agent, except upon the consent of Company.

14 Original Sheet No. 13 SECTION 2 - RULES AND REGULATIONS (Continued) 2.2. CUSTOMER'S USE OF SERVICE, Continued The services the Company offers may not be used for any unlawful purpose or for any use as to which the customer has not obtained all governmental approvals, authorizations, licenses, consents and permits required to be obtained by customer with respect thereto Service may not be used in any manner that interferes with other persons in the use of their service, prevents other persons from using their service, otherwise impairs the quality of service to other customers, or impairs the privacy of any communications over any service provided by Company. Company may require a customer to shut down its transmission of signals if said transmission is causing interference to others Service may not be used in any manner so as to annoy, abuse, threaten, or harass other persons The use of the Company's services either without payment for service or attempting to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers, or false calling or credit cards is prohibited The customer obtains no property right or interest in the use of any specific type of facility, service, equipment, telephone number, process or code. All rights, titles and interests remain, at all times, solely with Company Customer's use of any resold service obtained from other service providers is also subject to any applicable restrictions in the underlying provider's publicly available tariffs.

15 Original Sheet No. 14 SECTION 2 - RULES AND REGULATIONS (Continued) 2.3. APPLICATION FOR SERVICE Applications for service may be written, oral, or via a secure website and will be processed in a non-discriminatory manner. A customer desiring to obtain service may be required to complete a written application for service and/or participate in third-party verification, or complete and submit other documents Company reserves the right to refuse an application for service made by a present or former customer who is indebted to Company for service previously rendered pursuant to this Tariff until the indebtedness is satisfied. Company may also refuse an application when, in Company's sole discretion, provision of service is precluded under Section below Request for service under this Tariff will authorize the Company to conduct a credit search on the customer. Company may require a deposit for service on the basis of the customer's credit history Company's offerings are not available for resale or for shared use.

16 Original Sheet No DEPOSITS SECTION 2 - RULES AND REGULATIONS (Continued) Company may require a deposit from an applicant for new service. A deposit may be waived if, according to Company's assessment, the applicant is a satisfactory credit risk. See A for the manner in which a customer's satisfactory credit is determined Company may require a deposit from an existing customer as a condition to the further provision of service if, according to Company's assessment, the customer has become a credit risk Company will calculate the maximum deposit required from an applicant for service or an existing customer which will be charges for 90 days basic local exchange service and any associated taxes and surcharges Customers may satisfy deposit requirements as follows: A. In cash, Certified Funds, Money Order B. By an acceptable bank letter of credit, C. Through an acceptable third-party guarantee, D. Other forms of security acceptable to Company.

17 Second Revised Sheet No. 16 Cancels First Revised Sheet No DEPOSITS, Continued SECTION 2 - RULES AND REGULATIONS (Continued) Deposits will be refunded to customers, along with accrued interest, when one (1) of the following is met: A. Service has been terminated or discontinued; or B. The customer has established acceptable credit as outlined in the as specified elsewhere in this Tariff; or C. A customer is not currently delinquent and has made timely payment of bills for a period of twelve (12) consecutive months. Timely payment means that no more than two (2) bills during the previous twelve (12) months were paid beyond the due date. D. Service has not been suspended for non-payment within the previous twelve (12) months When service has been terminated or disconnected, Company will deduct any and all unpaid amounts from the deposit, and the difference will be refunded Interest rates applied to customer deposits held by Company are prescribed by the Commission. The interest rate beginning January 1, 2011 shall be 0.34% per annum. (R) Advice Letter No. 6 Effective Date: March 18, 2011 Decision No. C

18 Original Sheet No CREDIT SECTION 2 - RULES AND REGULATIONS (Continued) Company, in order to ensure payment of its charges for service or for loss of or damage to Company property, may require applicants and customers to establish and maintain credit. The establishment or re-establishment of credit as provided in this Section does not relieve an applicant or customer from compliance with other provisions of this Tariff as to the payment of bills and in no way modifies the Sections regarding disconnection and termination of service for failure to pay bills due for service furnished Company may determine, in its sole discretion, whether or not a particular reference or guarantee in writing would be acceptable as a substitute for demonstrating satisfactory credit. Otherwise, Company may require any applicant or customer to establish and maintain credit in one of the following ways: A. Demonstrating credit satisfactory to Company by providing information pertinent to the applicant's or customer's credit standing; B. Providing a suitable guarantee in writing, in a form presubscribed by Company; or C. Paying a cash deposit pursuant to Section 2.4.

19 Original Sheet No CREDIT, Continued SECTION 2 - RULES AND REGULATIONS (Continued) Company will not require an applicant for new service to pay a deposit if the applicant has verifiable previous or existing telephone service with any telephone company in the United States for at least twelve (12) months, and the payment record is made available and the account history is satisfactory. The payment record of an account will be deemed satisfactory if all the following are met: A. The previous or existing service was not discontinued for nonpayment, and was not abandoned, within the past twelve (12) months; and B. The applicant has not been sent denial notices for previous or existing service within the past twelve (12) months; and C. The applicant has paid for all previous and existing service without referral to a collection agency and without a declaration of uncollectibility; and D. The applicant provides accurate credit information as appropriate To safeguard its interests, Company may require a customer to make an advance payment before services are furnished. The advance payment will not exceed an amount equal to the nonrecurring charge(s) and one (1) month's recurring charges for the service. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated nonrecurring charges for the special construction and recurring charges for a period to be set between Company and the customer (if any). The advance payment will be credited to the customer's initial bill. An advance payment may be required in addition to a deposit.

20 Original Sheet No CREDIT, Continued SECTION 2 - RULES AND REGULATIONS (Continued) By subscribing to the Service, Customer accepts the terms of this Tariff and authorizes the Company to make inquiries and to receive information about Customer's credit experience from others and to enter this information in Customer's file. Customer credit information will be retained for two (2) years, unless otherwise required by the Commission If an applicant for service is unable to provide satisfactory credit information, Company may refuse to provide service unless the applicant furnishes a deposit pursuant to Section 2.4.

21 Original Sheet No. 20 SECTION 2 - RULES AND REGULATIONS (Continued) 2.6. PROVISION AND MAINTENANCE OF SERVICE Company will use reasonable efforts to make service available to customers on or before a particular date, subject to the provisions and compliance by the customer within the provisions of this Tariff. The lack of facilities may preclude or delay provision of service in a particular location or to a particular customer Pursuant to Commission rules, in the event the Company misses a service call, i.e., an appointment for a premises visit associated with installation of new service by more than four hours, the Company will make a credit to the monthly bill of the customer in the amount of one-third the Tariff rate for installation that was to be charged. This credit will also apply when the Company misses scheduled installation work to be done in the central office At the request of the customer, installation or maintenance may be performed outside of Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material or other costs incurred by or charged by Company will apply. If installation or maintenance is started during regular business hours, but, at the customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, Holidays, and/or night hours, additional charges may apply Company will have control over the installation, rearrangement, repair, maintenance, and disconnection of all network elements owned or otherwise obtained to ensure the required level of service. Company may substitute, change or rearrange any equipment or Facility at any time and from time to time, but will not thereby alter the technical parameters of the service provided to the customer Customer authorizes the Company and its employees, agents, contractors, and representatives to enter Customer's Premises at which the Service will be accessed in order to install, maintain, inspect, repair and remove the Bresnan Service. The Company will arrange access at time agreeable to the Customer. Customer warrants and represents that Customer is the owner of the Premises or Customer has permission of the owner and the authority to grant access to the Premises.

22 Original Sheet No. 21 SECTION 2 - RULES AND REGULATIONS (Continued) 2.6. PROVISION AND MAINTENANCE OF SERVICE, Continued Company will use reasonable efforts to maintain the service that it furnishes to the customer. Company may make such tests, adjustments and inspections as may be necessary to maintain Company's services and equipment in satisfactory operating condition. When possible, Company may, in its sole discretion, provide the customer with reasonable notice of service-affecting activities that may occur in the normal operation of Company business Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions of this Tariff are being complied with in the installation, operation or maintenance of the customer's or Company's facilities or equipment. If the protective requirements of customer-provided equipment are not being complied with, Company may take such action as it deems necessary to protect its services, equipment and personnel. Company will notify the customer promptly if there is any need for further corrective action. Within ten (10) days of receiving this notice, the customer must take such action. If the ' customer fails to do this, Company may take whatever additional action is deemed necessary, including the suspension of service to protect its services, equipment and personnel from harm Service will continue to be provided until cancelled by the customer or disconnected by the Company pursuant to Section 2.13 of this Tariff and the Commission's rules.

23 Original Sheet No. 22 SECTION 2 - RULES AND REGULATIONS (Continued) 2.7. MINIMUM SERVICE PERIOD Unless otherwise provided by Special Contract, the minimum service period is one month (30 days). The customer must pay the regular tariffed rate for service for the minimum period of service. If a customer disconnects service before the end of the minimum service period, that customer must pay the regular rates for the remainder of the minimum service period. When the service is moved within the same building, to another building on the same Premises, or to a different Premise entirely, the period of service at each location is accumulated to calculate if the customer has met the minimum service period obligation If service is terminated before the end of the minimum period of service as a result of condemnation of property, damage to property requiring the Premises to be abandoned, the customer is not obligated to pay for service for the remainder of the minimum period If service is transferred to a new customer at the same Premises during the first month of service, the new customer assumes responsibility to meet the remainder of the minimum service period requirements. For Services not taken over by the new customer, the original customer is responsible for the remaining payment for the minimum service period obligation in accordance with the terms under which the service was originally furnished.

24 Original Sheet No. 23 SECTION 2 - RULES AND REGULATIONS (Continued) 2.8. CUSTOMER RESPONSIBILITIES The customer is responsible for the payment of all charges for service furnished to the customer's account, even if such charges are unauthorized, and for all additional charges for calls the customer elects to continue making The customer is responsible for compliance with applicable regulations set forth in this Tariff Customer is responsible for the payment of any bills for services and for the resolution of any disputes or discrepancies with Company. Company has no responsibility with respect to billings, charges or disputes related to services used by customer which are not included in services covered by this tariff, including, without limitation, any local, regional and long distance services not provided by Company The customer must make arrangements or obtain permission for safe, reasonable and continuous access and right-of-way for Company employees or agents of Company to enter the Premises of the customer or any Authorized User of the customer at any reasonable hour for the purpose of performing Company's obligations under this Tariff.

25 Original Sheet No. 24 SECTION 2 - RULES AND REGULATIONS (Continued) 2.8. CUSTOMER RESPONSIBILITIES, Continued The customer is responsible for the payment of (a) service charges as set forth herein and (b) charges for visits by Company's agents or employees to the Premises of the customer or Authorized User when the service difficulty or trouble report results from the use of services and equipment by the customer or Authorized User Customer will, at customer's expense, provide reasonable space, power, and level of heating and air conditioning, and otherwise maintain the proper environment to operate Company's service at customer's or Authorized User's premises The customer may not, without prior written consent of Company, which consent shall not be unreasonably withheld, assign, transfer, or in any other manner dispose of, any of its rights, privileges, or obligations under this Tariff, and any attempt to make such an assignment, transfer, disposition without prior consent will be null and void A customer or Authorized User may not represent in any way that the relationship between customer or Authorized User and Company is anything other than one of customer and supplier, respectively. Nothing in this Tariff gives customer or Authorized Users any authority to bind or otherwise incur liability on behalf of Company. Nothing in this Tariff constitutes an endorsement by Company of any activity, service or product of customer or Authorized Users The customer is responsible for any damages, including usage charges that the customer may incur as a result of the unauthorized use of its communications equipment. The unauthorized use of the customer's communications equipment includes, but is not limited to, the placement of calls from the customer's Premises and the placement of calls through customer-controlled or customer-provisioned equipment that are transmitted or carried over Company's network without the authorization of the customer.

26 Original Sheet No. 25 SECTION 2 - RULES AND REGULATIONS (Continued) 2.8. CUSTOMER RESPONSIBILITIES, Continued All operations at the customer's premises will be performed at the expense of the customer and will be required to conform to whatever rules and regulations the Company may adopt as necessary in order to maintain a proper standard of service The customer is required to provide adequate building space, lighting and atmospheric control for the proper installation, operation and maintenance of the Company's equipment and facilities on the customer's premises When Company equipment installed on the customer's premises requires power for its operation, the customer is required to provide such power. The customer is required to provide adequate commercial power, wiring and electrical outlets necessary for the proper operation of the Company's equipment on its premises.

27 Original Sheet No. 26 SECTION 2 - RULES AND REGULATIONS (Continued) 2.9. PAYMENTS AND BILLING The Company's bill format and content will comply with the provisions of the Commission's rules Service is provided and recurring service charges billed on a monthly (30 day) basis. The billing date is dependent on the billing cycle assigned to the customer Recurring charges are billed monthly in advance. Non-recurring charges and charges based on actual usage are billed monthly in arrears The payment due date is fifteen (15) days after the billing date and the bill is pastdue thirty (30) days after the due date on the bill. Bills not paid thirty-one (31) days after the due date are subject to a 1.5 percent late payment charge for the unpaid balance on a per month basis, and may be subject to discontinuance pursuant to Section 2.13 of this Tariff and the Commission's rules. Late payment charge does not extend the time for payment or otherwise enlarge or change the rights of a customer. Collection procedures, temporary disconnection of service, and the requirements for deposit are unaffected by the application of a late charge. The late payment charge does not apply to: Bills mailed more than ten days after the bill date. Final bills One time miscellaneous bills. First month bills for a telephone number change. Billed amounts under a dispute that are resolved to the Company's satisfaction in the customer's favor A customer will not be liable for any late payment charge applicable to a disputed portion of that customer's bill, so long as the customer pays the undisputed portion of the bill and enters into bona fide negotiations to resolve the dispute on a timely basis, pursuant to Section

28 Original Sheet No. 27 SECTION 2 - RULES AND REGULATIONS (Continued) 2.9. PAYMENTS AND BILLING, Continued Checks presented in payment for services and subsequently returned to Company by the customer's financial institution for "Non-Sufficient Funds" or other reasons will incur a nonrecurring charge of $20.00 per customer, per check, In addition to any other applicable Late Payment or Failure-to-Pay fees and charges Any related fees, charges, and assessments due to the late payment and nonpayment are not penalties but are liquidated damages intended to be a reasonable advance estimate of the Company's costs resulting from Customer's late payment or nonpayments A customer may be placed on a "cash only" basis upon receipt of two (2) returned checks within a twelve (12)':'month period of time. "Cash only" is herein defined as cashier's checks, U.S. currency, or money orders Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance will not constitute payment of a customer's account, and Company will not be required to issue additional notice prior to discontinuance. Amended

29 Original Sheet No. 28 SECTION 2 - RULES AND REGULATIONS (Continued) 2.9. PAYMENTS AND BILLING, Continued Disputes A. Billing disputes should be addressed to Company's customer service organization via the Company's toll-free telephone number, or by writing the Company at Attn: Commercial Accounts. Payable, 1860 Monad Road, Billings, MT Customer service representatives are available 24 hours a day, 7 days a week, 365 days a year. B. In case of a billing dispute between customer and Company as to the correct amount of a bill, which cannot be adjusted with mutual satisfaction, customer may enter the following arrangement: 1. First, customer requests, and Company will comply with the request, an investigation and review of the disputed amount. 2. Second, the customer pays the undisputed portion of the bill on time or the service will be subject to disconnection if Company has notified customer by written notice of such delinquency and impending termination. 3. Third, the customer pays the amounts determined to be owed following the Company's investigation and review subject to Section 2.9.ll.D. below. C. Company will not disconnect customer's service for nonpayment as long as customer complies with this section. Amended

30 Original Sheet No. 29 SECTION 2 - RULES AND REGULATIONS (Continued) 2.9. PAYMENTS AND BILLING, Continued Disputes, Continued D. If there is still disagreement over the disputed amount after the investigation and review by a manager of the Company, the customer may appeal to the Commission for its investigation and decision. E. The address and telephone number of the Commission are: Colorado Public Utilities Commission 1560 Broadway, Suite 250 Denver, CO Telephone: Toll Free in Colorado only: Facsimile: Dial tone will not be disconnected from 12 noon on any day the business office of the Company will not be open the following day until 8 a.m. the next day the business office is open for a full business day The customer must contact the company prior to the discontinuance of service that was noticed on at least 15 days written notice to the customer, due to nonpayment, to make payment arrangements for the outstanding balance. The arrangements must be agreeable to the company. Any arrangement agreed upon must be kept or service may be disconnected without further notice If the customer pays less than the total amount of all charges owing to the Company and the customer does not specify the manner in which they wish to apply the payment, then the Company shall apply all payment received to local exchange service first Except as otherwise specified, where the rate to be charged for a particular service is determined by applying a percentage or similar factor to a quoted rate, and such computation results in a fraction, the charge for the service shall' be computed to the nearest cent, a half cent being increased to the next higher cent. Amended

31 Original Sheet No TAXES SECTION 2 - RULES AND REGULATIONS (Continued) Customer must pay, without limitation and unless customer can provide appropriate exemption certificates, all sales, use, gross receipts, excise, access, and other local, state and federal taxes, charges, fees, and surcharges, however designated, imposed on or based upon the provision, sale or use of the services (excluding taxes on Company's net income). Such taxes may be separately stated on the applicable invoice ALLOWANCES FOR INTERRUPTION OF SERVICE For the purpose of applying this provision, the word "interruption" means the inability to access service due to equipment malfunction or human errors. "Interruption" does not include, and no allowance will be given for, service difficulties such as slow access, circuits busy or other network and/or switching capacity shortages It is the obligation of the customer to notify the Company of any interruption in service Credit allowances will not be given in accordance to this Section for interruptions of service which are due t9 Company's testing or adjusting, to the negligence of the customer, or to the '; failure of Channels, equipment and/or communications equipment provided by the customer or another Carrier, natural disasters affecting large numbers of customers or the inability of the Company or its agents to gain access to the customer's premises when required. Interruptions of service are subject to the general limitation of liability provisions set forth in Section herein Credits will be made under Section 2.11 for service interruptions of more than eight (8) hours during a continuous twenty-four (24) hour period after being reported by the customer or folu1d to be out of order by the Company, whichever occurs first. The adjustment will be a credit on the monthly bill proportional to the duration of the service interruption, with each occurrence of the loss of service for 8 hours during the 24 hours time period counting as one day. For purposes of computing a credit, every month is considered to have 30 days. Amended

32 Original Sheet No. 31 SECTION 2 - RULES AND REGULATIONS, Continued CANCELLATION OR MODIFICATION OF SERVICE BY CUSTOMER Customers may cancel service by providing written or oral notice to Company at any time. The notice must specify the date on which service is to be discontinued Upon termination by Customer, Customer will be responsible for any and all applicable fees and charges incurred up to and including the day and time on which the customer requested the service to be disconnected If customer cancels service before Company completes installation of the service and, at the time of cancellation, Company has incurred any expense in installing services or preparing to install service that it would not otherwise have incurred, a charge equal to the cost the Company incurred will apply If the customer cancels service after Company has completed installation, the charge set forth in Section will apply to the extent Company has not yet recovered the costs described in Section In addition, the minimum service period obligations described in Section 2.7 will apply regardless of whether service has been initiated and the charges due under Section 2.7 apply In the case of a customer-initiated modification of service, charges for the subsequent order are in addition to the costs incurred before the customer changed the original order. Amended

33 Original Sheet No. 32 SECTION 2 - RULES AND REGULATIONS, Continued DENIAL OR DISCONTINUANCE OF SERVICE Disconnection Without Notice. The Company will not deny or discontinue service to a customer without prior written notice except for the following reasons: A. If a safety condition that is immediately dangerous or hazardous to life, physical safety, or property exists; B. Upon order by an appropriate court, the Commission, or any other duly authorized public authority; or C. If service, having already been properly discontinued, has been restored by someone not authorized by the company and the original cause for discontinuance has not been cured. D. Violation of any Commission rule or effective Tariff that may adversely affect the safety of any person or the integrity of the provider's service. E. Failure to comply with municipal ordinances or other laws pertaining to telecommunications service that may adversely affect the safety of any person or the integrity of the provider's service. F. Failure of the customer to permit the provider reasonable access to its facilities or equipment. G. Customer equipment is non-compliant with Federal Communication Commission equipment specifications thereby causing or contributing to Service interruptions, malfunctions, or unusual or excessive Service maintenance requirements. H. The customer obtained service by subterfuge. Subterfuge includes, without limitation: (1) Obtaining service in another person's name with the intent to avoid outstanding charges; or (2) Applying for new service at a location: (a) where a person has outstanding charges for jurisdictional service including outstanding charges for any associated taxes and surcharges; and (b) where such person continues to reside.

34 Original Sheet No. 33 SECTION 2 - RULES AND REGULATIONS, Continued DENIAL OR DISCONTINUANCE OF SERVICE, Continued Disconnection With Notice. The Company may temporarily suspend or permanently discontinue service and may sever the connection and remove any of its equipment from the customer's premises after at least IS-days written notice only for one of the following reasons: A. Non-payment of any past due bill for basic local exchange service and any associated taxes and surcharges. Solely for the purposes of this paragraph, a bill is past due if not paid within 30 days of the due date which must be at least 15 days after the billing date. B. If the Company determines service was obtained fraudulently or without the authorization of the provider or is being used for, or suspected of being used for, fraudulent purposes Notice requirements. The customer will be notified of the intention of the Company to discontinue basic local exchange service and will be allowed no fewer than 15 days from the date the notice was issued in which to respond to the Company. The notice will clearly state the amount that is past due and the date by which an installment payment arrangement must be entered into or payment must be received to prevent interruption of service. It will also state that disconnection of basic local exchange service cannot occur for nonpayment of other charges, such as for optional services, wireless service, or other companies' services. If the customer has chosen electronic billing, the notice of disconnection may be provided electronically.

35 Original Sheet No. 34 SECTION 2 - RULES AND REGULATIONS, Continued DENIAL OR DISCONTINUANCE OF SERVICE, Continued Restrictions on Denial or Discontinuation of Service -Disposition of Payments A. Basic local exchange service will not be denied or discontinued for delinquency or nonpayment of charges for service unless the customer has been issued a bill for the charges consistent with the billing requirements of the Commission's rules. B. The Company will not deny or discontinue basic local exchange service for delinquency in payment for service rendered to a previous occupant of the premises to be served, for unpaid charges for services or facilities not ordered by the applicant or customer, or for any other indebtedness, except as incurred for basic local exchange service and any associated taxes and surcharges. C. The Company may not use its purchase of a customer's indebtedness, i.e., the accounts receivable, from another provider to deny or discontinue providing its jurisdictional services to that customer. D. Unless requested by the customer, the Company will disconnect dial tone only during the normal business hours of the Company's business or customer service offices. There will be no disconnection of dial tone when the business or customer service offices of the Company is not open or after noon the day before the business or customer service offices will not be open Payment Arrangements. If a customer pays or is willing to pay all current charges, which are defined for the purpose of this subparagraph as that portion of the amount owed by the customer for basic local exchange service and any associated taxes and surcharges that are not past due, the Company will not discontinue service for non-payment of a past due amount for these services when the customer has entered into a payment arrangement with the Company. If the payment arrangement is not satisfied, the service may be disconnected for non-payment without further notice.

36 Original Sheet No. 35 SECTION 2 - RULES AND REGULATIONS, Continued RESTORATION OF SERVICE The use and restoration of service in emergencies may be in accordance with part 64, Subpart D of the Federal Communications Commission's Rules and Regulations which specifies the priority system for such activities When a customer's service has been disconnected in accordance with this Tariff and the service has been terminated through the completion of a Company service order, service will be restored only upon the basis of application for new service A customer whose service has been discontinued for failure to establish credit or for nonpayment of bills will be required to pay the unpaid balance due Company before service is restored Whenever service has been discontinued for fraudulent or other unlawful use, Company may, before restoring service, require the customer to make, at its own expense, all changes in facilities or equipment necessary to eliminate such fraudulent or otherwise unlawful uses and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use Any customer whose service has been temporarily disconnected will be required to pay service Restoral Charges, as set forth in Section 4 of this Tariff. Any service already disconnected must be restored without any additional charge if it was not properly disconnected or restored as provided herein, in accordance with 4 Code of Colorado Regulations

37 Original Sheet No. 36 SECTION 2 - RULES AND REGULATIONS, Continued LIMITATION OF LIABILITY Company or its affiliates will not be liable directly or indirectly to the customer or Authorized User for, and the customer and any Authorized User, jointly and severally, will indemnify, defend and hold harmless Company from any allegation, claim, loss, damage, liability, defect, cost or expense resulting from or involving: A. Libel, slander, or invasion of privacy from material, data, information or other content transmitted over Company's facilities; or B. Patent or trademark infringement or other infringement of intellectual property rights including, but not limited to, copyrights, trademarks, trade secrets, or other intellectual property rights, arising from (1) combining (or using in connection with) Company-provided services and equipment with any facilities, services functions, or products provided by the customer or Authorized User or (2) use of services, functions, or products which Company furnished in a manner Company did not contemplate and over which Company exercises no control. In the event that any such infringing use is enjoined, the customer or Authorized User at its expense, will obtain immediately a dismissal or stay of such injunction, obtain a license or other agreement so as to extinguish the claim in infringement, terminate the claimed infringing use, or modify such combination so as to avoid any such infringement; or C. A breach in the privacy or security of communications transmitted over Company's facilities; or D. Acts, mistakes, omission, delays in operation, delays in transmission, errors or defects in transmission over Company's facilities or equipment; telephone or other hardware failure, software failure or malfunction, deletion or corruption of files, work stoppage, failure of perfonl1ance of the service, failure or lost of customer files; or E. Injuries to persons or property from voltages or currents transmitted over Company-provided facilities caused by customer-provided equipment or Premises wire; or