20071011Application.pdf

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Suite 250
Rochester, NY 14618-3979
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October 11 , 2007
Via Overnight Courier
A FS;
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Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83702
[phone]
RE: Application for Transfer of Certificate of Public Convenience and Necessity
Dear Secretary Jewell:
Enclosed for filing please find one (1) original and two (2) copies of an Application for Transfer of
Certificate of Public Convenience and Necessity filed by American Fiber Systems, Inc. CAFS"
As stated in the Application, AFS acquired Idacomm, Inc. in February of this year and now seeks to
merge that company into itself with AFS to be the surviving entity. To effectuate this merger AFS will
require that the Idaho Certificate currently held by Idacomm be transferred to AFS and re-issued in AFS'
name effective January 1 2008, the planned date for consummation of the merger.
Please contact me at the above address should you have any questions concerning this application.
Sincerely,
Enclosures
REG!:: I\:
Before the
IDAHO PUBLIC UTILITIES COMMISSION ZuafOCT II tU110: 24
IDAHO PUBLIC
UTILITIES COMf\iUSSIOi,
IN THE MA TIER OF THE APPLICATION OF
American Fiber Systems, Inc.
) Case No. AF5- O~-O
For Transfer of Certificate of Public Convenience
and Necessity Held by Idacomm, Inc.
APPLICATION FOR TRANSFER OF CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
Application is hereby made to the Idaho Public Utilities Commission ("Commission ) for
the transfer of the Certificate of Public Convenience and Necessity held by Idacomm, Inc.
Idacomm ) to American Fiber Systems, Inc. ("APS"), the said transfer to be effective January 1
2008. The following general information and Exhibits are furnished in support thereof.
Idacomm. Inc.
On March 10, 2004 Idacomm filed an Application for Certificate of Public
Convenience and Necessity to Provide Basic Local Exchange Services in the State of Idaho with
the Commission (Case No. IZ2-04-1). That application is incorporated herein by reference.
The application was approved by the Commission on May 11 , 2004 with Certificate No. 427
being issued to Idacomm on May 17 , 2004. A copy of the Certificate is appended hereto as
Exhibit A.
On December 19 , 2006 Idacomm notified the Commission of its intention to be acquired
by AFS via the purchase from Idacorp, Idacomm s then-current owner, of 100% of Idacomm
capital stock. A copy of the notification letter is appended hereto as Exhibit B. The acquisition
was completed on February 23, 2007.
American Fiber Systems. Inc.
AFS is a privately-owned corporation incorporated under the laws of the State of
Delaware, and operates as a fiber-based telecommunications provider operating metropolitan
fiber optic networks and offering "last mile" metro and wide area fiber connectivity for data
internet access and voice services to wire line carriers, internet service providers and large
enterprise customers.
AFS currently owns and operates networks in Kansas, Ohio, Minnesota, Missouri
Tennessee and Utah.AFS through an affiliate, American Fiber Systems of Georgia, Inc.
provides facilities-based and resold local telecommunications services to enterprise and small
business customers.A copy of AFS' Certificate of Existence issued by the Office of the
Secretary of State confirming AFS' right to operate in the State of Idaho is appended hereto as
Exhibit C.
AFS' legal name and address of its principal offices is:
American Fiber Systems, Inc.
100 Meridian Centre, Suite 250
Rochester, NY 14618
AFS' primary legal and regulatory contact for this application and for all future
Commission correspondence will be:
American Fiber Systems, Inc.
Attention: Bruce T. Frankiewich
Vice President, Legal and Regulatory Affairs
100 Meridian Centre, Suite 250
Rochester, NY 14618
Telephone: [phone]
Facsimile: [phone]
AFS' registered agent for service in Idaho will be:
CT Corporation Systems
300 N. 6th. Street
Boise, ill 83702
Description and Public Interest of the Proposed Transfer
As part of a corporate reorganization designed to Improve operation efficiencies by
eliminating unnecessary corporate entities AFS intends to merge its wholly-owned subsidiary
Idacomm into itself with AFS to be the surviving entity. This merger is planned to take effect on
January 1 , 2008 with the transfer of the Idacomm s Certificate being a necessary component
thereof. The merger will permit AFS to operate on a more consolidated and economical basis
resulting in additional investments in infrastructure and new services to the benefit of its
customers.
Impact of the Proposed Transfer
The proposed transfer of Idacomm s Certificate to AFS is procedural in nature and will
have no impact on the services, rates , conditions of service provided to customers. To that end
AFS is re-issuing in its own name Idacomm Schedule of General Regulations for Exchange
Services Applying to the Local Exchange Services and Facilities of this Company in the State of
Idaho with no changes.A copy of the Schedule is appended herein as Exhibit D.
informational notice will be sent to all customers prior to the January 1 , 2008 effective date
Compliance with Commission Rules
AFS is cognizant of it s obligation to comply with all rules of the Commission governing
local exchange services in Idaho, has reviewed those rules, and will request a waiver of those
rules believed to be inapplicable.
Conclusion
In light of the foregoing facts and public interest considerations, the Commission is
respectfully requested to authorize the transfer of Idacomm, Inc.'s Certificate of Public
Convenience and Necessity to American Fiber Systems, Inc. effective January 2008.
Respectfully submitted
American Fiber Systems, Inc.
EXHIBIT A
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDACOMM, INc. FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES.
CERTIFICATE NO. 427
CASE NO. IZ2-O4-
IT IS HEREBY CERTIFIED that this Certificate of Public Convenience and
Necessity, Certificate No. 427 , is issued to IDACOMM, Inc. This Certificate authorizes
IDACOMM to provide resold and facilities-based local exchange and emergIng
telecommunications services within the State of Idaho.The Commission approved
IDACOMM's Certificate by Order No. 29494 issued May 11 , 2004, and authorized IDACOMM
to provide telecommunications services in the State ofIdaho. This Certificate is predicated upon
and is issued pursuant to the fmdings of the Commission in Order No. 29494.
DATED at Boise, Idaho this /1 f$. day of May 2004.
tJ
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~Ii) ,Je D. Jewell
Co mISSIon Secretary
blslO:IZ2TO401 Cert 427
a.-DACOM
An IDACORP Company
December 19, 2006
Wayne Hart
Idaho Public Utilities Commission
O. Box 83720
Boise, ID 83720-0074
RE: Notice of intent to Transfer of Control of CPCN Holder
IDACOMM, Inc. (CPCN 427 Holder)
IDACORP, Inc. (Transferor)
American Fiber Systems, Inc. (Transferee)
Dear Mr. Hart
IDACOMM, Inc. currently engages in telecommunication network operations in the State of Idaho
under CPCN 427 and hereby submits this Notice of its intent to enter a transaction whereby 100% of its
stock ownership would transfer from its parent company, IDACORP, Inc. to a new parent company,
American Fiber Systems, Inc. After the transaction, IDACOMM expects to continue to perform the same
telecommunications services in the State ofIdaho.
The proposed transaction is expected to close in January, after obtaining all applicable regulatory
approvals and consents.
IDACOMM files this Notice to satisfy administrative notice requirements, and also provides the
following additional information that may be helpful in understanding the transaction for your general
consideration:1. Joint Application filed October 26, 2006 with the Public Utilities Commission of
Nevada (PUCN) for approval for the change in control.
PUCN Final Order, dated Dccember 5 , 2006 approving such change in control.
Please do not hesitate to direct any questions about this notice to me at the number or email
address below.
Sincerely,
~..... ~.
f\.Ac.
Bruce E. MacMahon
President, CEO and CFO
IDACOMM, Inc.
[phone]
bmacmaho I1((O,i dacomm. com
Enclosures
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EXHIBIT C
tate of Idah
Iloffice of the Secretary of statell
CERTIFICATE OF EXISTENCE
AMERICAN FIBER SYSTEMS, INc.
File Number C-169577
, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that I am the custodian of the corporation
records of this State.
I FURTHER CERTIFY That the records of this office show that the above-named corporation was incorporated
under the laws of DELAWARE and filed to transact business in Idaho on 10/25/2006.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of this office.
Dated: 9/28/2007 8:53 AM
SECRETARY OF STATE
Authentic Access Idaho Document (http://www.accessidaho.org/public/pOlial/authenticate.html
Tag: b5ae5f5ffEd740875bbf42d18868490b43bcOO8c211 alfb5f5a27cOd2d86e80f928c89f217f4849c
EXHIBIT D
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
October 11 , 2007
Boise, Idaho
AMERICAN FIBER SYSTEMS, INC.
Schedule of
General Regulations for Exchange Services
Applying to Local Exchange Services and Facilities of this
Company
in the State of Idaho
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
TABLE OF CONTENTS
APPLIC A TION OF PRICE LIST
.......................... ............................................... ......
S YMB 0 L S ...
..... " .. ..... .... .. .. .. ... .. ... .. .. ... .. .. ... .. .. .. .. .. .. .. .. .. .. ......... ...... .... .. .. .. .. .. ...... .. ...... ....... .. ....... ... " ... ...... ...... " .. .. ..... ..... ..
CONTACT INFORMATION............................................................................................. 2
1J) DEFINITIONS
...................................................................................................
REGULATIONS
.......................................................................................
UNDERTAKING OF THE COMPANY
...............................................................................................................
SHORTAGE OF EOUlPMENT OR FACILITIES ......................................................................................... 4
SELECTION OF TRANSMISSION
...................................................................................................................
NOTIFICATION OF SERVICE-AFFECTING ACTIVITIES
..................................................................................
PROVISION OF EOUIPMENT AND FACILITIES
...............................................................................................
TERMS AND CONDITIONS
...........................................................................................................................
NON-ROUTINE INSTALLATION AND SPECIAL CONSTRUCTION
..............................................................
OWNERSHIP OF FACILITIES
..........................................................................................................................
RIGHTS-OF-WAY ........................................................................................................................... 6
10 LIABILITY
...........................................................................................................................................................
11 INDEMNIFICATION
..............................................................................
..............................................'......................... 6
12 CONFLICTS BETWEEN PRICE LIST AND COMMISSION RULES
....................................................................
13 ALLOWANCES FOR INTERRUPTIONS IN ..SERVICE ...................................................................................... 7
2.14 OBLIGATIONS OF THE CUSTOMER
.............................................................................................,......,....,.....
15 PROHIBITED USES
...............................................................................................................................,........
16 PAYMENTS
..................................................................................................................................................
2.17 TAXES. CHARGES. FEES
....................................................................................................................,,
18 DEPOSITS
...................................................................................................................................................
2.19 REFUSAL OR TERMINATION OF SERVICES
................................................................................................
20 RESTORATION OF SERVICE
.........................................................................................................................
221 ASSIGNMENT
.............................................................................................................................................
22 PROMOTIONS
.............................................................................................................................................
23 E911.......................................................................................................................................................
24 PUBLIC NOTICE
..........................................................................................................................................
LOCAL EXCHANGE SERVICES.
........................................................
11 GENERAL
.................................................................................,.......,.....................................................,..,
CHARGES FOR ADDITIONAL AND OVERTIME LABOR................................................................................... 14
RATES AND CHARGES
.......................................................................
RESIDENTIAL SERVICE
..............................................................................................................................
BUSINESS SERVICE
...................................................................................................................................
LINES AND TRUNKS
................................................................................ ..................................................................
4.4 OPTIONAL VERTICAL FEATURES
...............................................................................................................
OPTIONAL VERTICAL FEATURES CONT.
.............................................................................................
OPTIONAL VERTICAL FEATURES CONT.............................................................................................. 17
OTHER
....................................................................................................................................................,..
NUMBER SERVICES ....'..................................................................................................................................... 17
MISe. CHARGES ...................................................,..................................................................................,..
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
APPLICATION OF PRICE LIST
AMERICAN FIBER SYSTEMS, Inc. (hereinafter "The Company ) has been authorized by the Idaho Public Utilities
Commission (Idaho PDq to provide competitive local exchange and interexchange services.
This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local
exchange services to residential and small business customers within the State of Idaho, The rates and rules
contained herein are subject to change pursuant to the rules and regulations of the Idaho PUe.
SYMBOLS
Explanation of Symbols, Reference Marks, and Abbreviations of Technical Terms
Used in this Price List
The following symbols shall be used as set out below to describe specific changes made to the original price list.
Indicates a changed listing, rule, or condition, which may affect rates or charges
Indicates discontinued material, including a listing, rate, rule or condition
Indicates an increase
Indicates that the material has been relocated to another part of price list schedules with no change in text
rate, rule or condition
Indicates new material including listing, rate, rule or condition
Indicates a reduction
Indicates reissued matter
Indicates a change in wording of text, but not a change in rate, rule or condition.
Issued: October 11, 2007
Effective: January 1, 2008
AMERICAN FIBER SYSTEMS. Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
CONTACT INFORMATION
AMERICAN FIBER SYSTEMS, INC.
100 Meridian Centre
Rochester, NY 14618
Customer Contact:For establishment of service, complaints and inquires regarding service and billing, or reporting
or inquiring about network outages or service problems.
Customer Service: [phone]
Maintenance: [phone]
Commission Contact:For complaints, inquiries and matters concerning rates and price lists.
Matters concerning customer service:
Holly Bailey, Customer Service Manager
Phone: [phone]
Fax: [phone]
Email: hbaileyCiPafsnetworks.com
Matters concerning tariffs and regulatory affairs:
Michael J. Nighan, Dir. - Regulatory Affairs
Phone: [phone]
Fax: [phone]
Email: mnighan CiP afsnetworks.com
Issued: October 11 , 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
DEFINITIONS
The following words and tenus when used in this price list shall have the meaning set out by this section.
Access Lines:Telephone facilities which pennits access to and from the Customer s premises and the
telephone exchange or serving central office.
Advance Payment:A payment required before the start of service. Advanced payment may consist of any
required construction cost, all appropriate non-recurring charges, and an estimate of the first month'
recurring charges. Advance Payments will he applied to the first bill rendered by Company following
implementation of services.
Agent:A business representative authorized by the Company to bring about, modify, affect, accept
perfonnance of, or tenninate contractual obligations between the Company and its applicants or Customers.
Applicant:A person who applies for telecommunications service. Includes persons seeking reconnection of
service after Company-initiated tennination.
Application:A request made in writing for telephone service.
Authorized User:A person, finD or corporation that is authorized by the Company to be connected to the
service of the Customer or joint user.
Automatic Number Identification (ANI):The automatic transmission of a calling party s billing account
telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The
primary purpose of ANI is for billing of toll calls.
Basic Rate Area:A specific geographic area, within which the schedule rates for local exchange service
apply without exchange line mileage and without special rates in lieu of mileage.
Central Office:Company facilities where subscriber lines are connected to each other through switching
equipment for placing local and long distance telephone calls.
Company or Name of Company:AMERICAN FIBER SYSTEMS, mc,
Customer or Subscriber:The person, finD or corporation that orders service and is responsible for the
payment of charges for that service and for compliance with the Company s regulations related to that
service.
Nonlisted Service:A directory listing service wherein a Customer is not listed in the published directory,
but is listed in the directory assistance database.
Nonpublished Service:A directory listing service wherein a Customer is not listed in the published
directory or in the directory assistance database
Recurring Charges:The charges to a Customer for services, facilities and equipment, which recur monthly
for the agreed upon duration of the service.
Residential Service:Telephone Service provided to customers when the actual or obvious use is for
domestic purposes.
Service Commencement Date:The first day following the date on which the Company notifies the
Customer that the requested service or facility is available for use, unless the Customer refuses to accept
service because it does not confonn to the standards set forth in the Service Order or in this price list, in
Issued: October 2007
Effective: January 1 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
which case the Service Commencement Date is the date on which the Customer accepts service. The
Company and the Customer may agree on a substitute Service Commencement Date.
Service Order:The written order for Services executed by the Customer and the Company in the format
devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company
initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except
that the duration of the service is calculated from the Service Commencement Date.
Shared:A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Small Business Service:Telephone service provided to businesses with five (5) or fewer lines.
REGULATIONS
Undertaking of the Company
1.1 Scope
1 The Company undertakes to furnish local exchange communications service pursuant to
the terms of this price list.
1.1.2 The services offered herein may be used for any lawful purpose. There are no restrictions
on sharing or resale of the Company s services. However, the Customer remains liable
for all obligations under this price list even if such sharing or resale arrangements exist
regardless of the Company s knowledge of these arrangements. If service is jointly
ordered by more than one Customer, each is jointly and severally liable for all
obligations.
3 The services the Company offers shall not be used for any unlawful purposes or for any
use for which the Customer has not obtained all required governmental approvals
authorizations, licenses, consents and permits.
1.1.4 Company services may be connected to the services or facilities of other communications
carriers only when authorized by and in accordance with the terms and conditions of any
price lists of such other communications carriers.
1.1.5 The services of the Company are furnished for the transmission of voice communications
but may also be used for data, facsimile, signaling, metering, or other similar
communications, subject to the transmission capabilities of the technologies
combination of technologies available. Service is available twenty-four hours a day,
seven days a week.
Shortage of Equipment or Facilities
The furnishing of service under this price list is subject to the availability on a continuing basis of all
facilities necessary to provide the service. Services will be provided using AMERICAN FIBER
SYSTEMS, Inc. provided services and LEC or other CLEC resale services.
Selection of Transmission
The Company selects and/or arranges for the channels and/or service components and underlying network
facilities used to provide service. The Company may modify or change the channels, service components
and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's
Rules and Regulations and this price list.
Issued: October 11 , 2007
Effective: January 1,2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
Notification of Service-Affecting Activities
The Company will provide the Customer with reasonable notification of service-affecting activities that
may occur during the nonnal operation of its business. Such activities may include, but are not limited to
equipment or facilities additions, removals or rearrangements and routine preventive maintenance.
Generally, such activities are not specific to an individual Customer but affect many Customers' services.
No specific advance notification period is applicable to all service-affecting activities. The Company will
work cooperatively with the Customer to determine reasonable notification requirements, Notification to
the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as
an outage resulting from cable damage.
2.5.1
Provision of Equipment and Facilities
2.5.2
The Company shall make a reasonable effort to provide service to a Customer on or before a
particular date, subject to the provisions of and compliance by the Customer with the regulations
contained in this price list.
The Company shall make a reasonable effort to maintain facilities that it furnishes to the
Customer, The Customer shall not, and the Customer shall not permit others to, rearrange
disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by
the Company, except upon the written consent of the Company.
6.1
Terms and Conditions
6.2
Service is provided on a minimum term basis of at least one month, using 24-hours per day for
each day of the month. For purposes of this price list, a month is considered to have thirty days.
All calculations of dates set forth in this price list shall be based on calendar days, unless
otherwise specified herein.
This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules
issued by the Idaho Public Utilities Commission.
Non-routine Installation and Special Construction
Non-Routine Installation
At the Customer s request, installation and/or maintenance may be performed outside the
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 to the Company will apply.
Special Construction
Subject to the agreement of the Company, special construction of facilities may be undertaken on
a reasonable effort basis at the request of the Customer. Special construction may include that
construction undertaken:
(a) where facilities are not presently available;
(b) of a type other than that which the Company would nonnally utilize in the furnishing of its
service;(c) over a route other than that which the Company would nonnally utilize in the furnishing of its
services;
(d) in a quantity greater than that which the Company would nonnally utilize in the furnishing
its services;
(e) on an expedited basis;
(f) on a temporary basis until pennanent facilities are available;
(g)
involving abnormal costs; or(h) in advance of normal construction.
Issued: October 11 2007
Effective: January 1 2008
AMERICAN FIBER SYSTEMS, Inc
Boise, Idaho
Local Exchange Services Tariff
Release: 1
Special construction will be undertaken at the discretion of the Company consistent with
budgetary responsibilities and consideration for the effect on Company s other Customers and
contractual responsibilities.
2,73 Advance Pavment
If required by the Company, the Customer shall make an advance payment before services are
furnished and such advance payment will be credited to the Customer s initial bill. The Company
may require such an advance payment, in addition to a deposit, when additional costs are incurred
to perfonn special or extraordinary construction to provide services required by the customer.
Ownership of Facilities
Title to all facilities and equipment, and related plans and proposals, provided by the Company in
furnishing service remains with the Company, its agents or contractors. Such facilities and equipment
plans and proposals shall be returned to the Company by the Customer whenever requested, within a
reasonable period following the request and in as good condition as reasonable wear will pennit.
Rights-of-Way
Provisioning of the Company s services is subject to and contingent upon the Company s ability to obtain
and maintain rights-of-way and access to public and private property necessary for installation of the
facilities used to provide the Company s services to the Customer s service point as agreed to by the
Company.
2.10 Liability
NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES ARISING FROM
ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, OR DELAYS OF THE COMPANY, ITS
AGENTS, SERVANTS OR EMPLOYEES , IN THE COURSE OF ESTABLISHING
FURNISHING, REARRANGING, MOVING, TERMINATING, OR CHANGING THE SERVICE
OR FACILITIES (INCLUDING THE OBTAINING OR FURNISHING OF INFORMATION IN
RESPECT THEREOF OR WITH RESPECT TO THE CUSTOMERS OR USERS OF THE
SERVICE OR FACILITIES) IN THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
2.10.1 Exculpatory Clause
THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A
DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY
IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW.
ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS
COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL
DAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE
VALIDITY OF THE EXCULPATORY CLAUSE.
Indemnification
The Customer shall at all times indemnify, defend, and save the Company harmless from, any and all
damages, losses, claims, including claims and actions relating to injury to or death of any person or
damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all
other obligations by or to third parties, arising out of or resulting from the Company s performance
of its obligations under this Tariff on behalf of the Customer, except in cases of gross negligence or
intentional wrongdoing by the Company.
Issued: October 11 2007
Effective: January 1 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
212 Conflicts Between Price List and Commission Rules
If this Price List contains provisions that deny or restrict a Customer s rights otherwise protected by
Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or
restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute.
213 Allowances for Interruptions in Service
A credit allowance will be given for interruptions of service, subject to the provisions of this section.
13.Credit for Service Interruptions
A credit allowance will be made when an interruption in service occurs. An intemiption in service
is considered to exist when the local service quality deteriorates to such an extent that the
customer cannot make local calls or cannot receive local calls or cannot use the service for voice
grade communications because of cross talk, static or other transmission problem. An interruption
period begins when the Customer reports a circuit, service or facility to be interrupted and releases
it for testing.
13.1.1 The Company must restore service: within sixteen (16) hours after the report of the
outage if the customer notifies the telephone company that the service outage creates an
emergency; or
13.1.2 within 24 hours after the report of the outage if no emergency exists.
13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must
be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday,
whichever is sooner.
13.1.4 If the Company does not restore service within the times required by this paragraph, the
Company will credit the customer s account for an amount equal to the monthly rate for
one (1) month of basic local exchange service.
13.2 Limitations on Allowances
No credit allowance will be made for:
13.2.1 interruptions due to the negligence of the Customer, or noncompliance with, or acts of
omission regarding the provisions of this price list by the Customer, authorized user or
joint user;
13.2 interruptions of service during any period in which the Company is not given full and
free access to its facilities and equipment for the purpose of investigating and correcting
interruptions;
13.3 interruptions of service during a period when the Customer has released service to the
Company for maintenance purposes or for implementation of a Customer order for a
change in service arrangements; or
13.2.4 interruption of service due to circumstances or causes beyond the control of the Company
and affecting large groups of customers.
214 Obligations of the Customer
14.1 The Customer shall provide ' at no charge, as specified by the Company, any personnel, equipment,
space, power, heating and air conditioning needed to operate, and maintain a proper operating
environment for the Company s facilities and equipment installed on the Customers premises
Issued: October 11, 2007
Effective: January 1, 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such
tests and inspections as may be necessary to detennine that the Customer is complying with the
requirements set forth herein for the installation, operation, and maintenance of Customer-
provided facilities, equipment, and wiring in the connection of Customer-provided facilities and
equipment to Company-owned facilities and equipment.
14.3 If the protective requirements for Customer-provided equipment are not being complied with, the
Company may take such action as it deems necessary to protect its facilities, equipment, arid
personnel. The Company will notify the Customer promptly if there is any need for further
corrective action. Within ten days of receiving this notice, the Customer must take this corrective
action and notify the Company of the action taken. If the Customer fails to do this, the Company
may take whatever additional action is deemed necessary, including the suspension of service, to
protect its facilities, equipment and personnel from harm.
Prohibited Uses
The Customer shall not use or allow the use of the Company s facilities or equipment installed at the
Customer s premises for any purpose other than that for which the Company provides it, without the prior
written consent of the Company.
15.Abuse
The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities:
(a)Using service to make calls that might reasonably be expected to frighten, torment, or harass
another.
(b)Using service in such a way that it interferes unreasonably with the use of Company services by
others.
15.2 Fraudulent Use
The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the
discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use
service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the
service including but not limited to:
(a)Rearranging, tampering with, or making connections not authorized by this price list to any
network components used to furnish service; or
Using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices
or electronic devices.
(b)
Payments
16.1 Customer Obligations
2.16.1.1 The Customer shall pay outstanding charges in full within 15 days of the invoice date.
Charges normally will be invoiced IN ADVANCE, with monthly recurring charges
invoiced on or about the first of the month for which the charges apply. Amounts not paid
within 15 days after the date of the invoice are considered delinquent. A late payment
fee of 1.5% of the outstanding balance of the invoice or $10.00; whichever is greater, will
be assessed for past due accounts.
Issued: October 11 , 2007
Effective: January 1 ,2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
16.2 The Customer shall pay all charges for use of the service by any persons whether or not
authorized by the Customer, except in those instances where it has been determined that
the Customer s present and former employees, agents and authorized users were not
responsible for calls billed to the Customer via third party billing and the Company did
not verify that the charges for the call would be accepted. The Customer is not
responsible for unauthorized use of service to the extent such use is proximately caused
by the Company s willful or negligent act.
16.Disputed Bills
2.16.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay
the undisputed portion of the bill and notify the Company that such unpaid amount is in
dispute within thirty (30) days of receipt of the bill. If such notice is not received by the
Company within thirty (30) days as indicated above, the Company shall consider the bill
statement to be due and payable in full by the Customer. Payment of the amount due by
the Customer does not constitute a waiver of the Customer s rights under the provisions
of IDAPA 31.41.01.204 to challenge any billing amount due or paid to the Company.
2.16.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual
satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with
the Idaho PUe's Rules. The address and telephone numbers for the Idaho PUC are:
Idaho Public Utilities Commission
O. Box 83720
Boise Idaho 83720-0074
334-0300 (within the local calling area)
800-432-0369 (from outside the local calling area)
16.Payment Arrangements
16.1 When a Customer cannot pay a bill in full, the Company may continue to serve the
Customer if the Customer and the Company agree on a reasonable portion of the
outstanding bill to be paid immediately, and the manner in which the balance of the
outstanding bill will be paid.
16.2 In deciding on the reasonableness of a particular agreement, the Company will take into
account the Customer s ability to pay, the size of the unpaid balance, the Customer
payment history and length of service, and the amount of time and reasons why the debt
is outstanding.
2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer
may designate how a payment insufficient to pay the total balance due shall be applied. If
applicable, and in the absence of instructions from the Customer, a partial payment shall
be allocated first to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such
payments shall be applied first to the oldest undisputed balances.
16.3.4 If a Customer fails to make the payment agreed upon by the date that it is due, the
Company may, but is not obligated to, enter into a second payment arrangement.
16.5 A Customer s failure to pay for undisputed MTS charges billed by the Company may
result in loss of 0+, 0- and 1 + dialing access to MTS services until such time as the
customer pays the undisputed charges and applicable reconnection charges, if any.
Issued: October 11 2007
Effective: January 1
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
16~3.6 Customer failure to pay undisputed charges for other services may result in
discontinuance of those services.
Taxes, Charges, Fees
In addition to the rates and charges described in this price list, the Customer may be responsible for
payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and
county governments. When the Company is authorized to collect such taxes, charges or fees from the
Customer, these taxes, charges and fees will be itemized separately on the Customer s bill.
218 Deposits
18.1 If the Company determines that the Customer is likely to be a credit risk or to damage property of
the Company, the Customer shall make a deposit before a service is furnished or continued. (SEE
IDAP A 31.41.01, RULE 101.) Such deposit shall be held as a guarantee for the payment of
charges. The Company may require such a deposit if the Company considers this action necessary
to safeguard its interests. The deposit shalt not exceed two (2) months' charges for local exchange
service.
18.1 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC
under the provisions of IDAPA 31.41.01.106
2.18.1.2 When a service is discontinued the amount of any deposit held by the Company, plus
accrued interest, will be applied to the Customer s account and any credit balance
remaining will be refunded.
18.1.3 Customer s deposit will be returned, with accrued interest, when the customer has
maintained good credit by making payments for al) undisputed amounts due the
Company before temporary or permanent disconnection for twelve (12) months. Any
deposit, plus accrued interest, may be applied to the Customer s telephone account
following completion of twelve months' satisfactory payment.
219 Refusal or Termination of Services
If the Company intends to deny an available service to an applicant, the Company will provide the
applicant with a written explanation of its refusal to serve. The written explanation shall include:
the reasons for denial of the service;
actions the applicant may take in order to receive the denied service; and
a statement that the Customer may file an informal or formal complaint concerning denial of the
service with the Company or with the Idaho PUC.
19.1 Grounds for Refusal to Establish Service
The Company may refuse to establish service if any of the following conditions exist:
19.1 the applicant has an outstanding amount due to the Company for similar utility services
and the applicant is unwilling to make acceptable arrangements with the Company for
payment;
19.1.2 a condition exists that, in the Company s judgment, is unsafe or hazardous to the
applicant, the general population, or the Company s personnel, agents or facilities;
19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet
the credit criteria for waiver of deposit requirements;
Issued: October 11 , 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services tariff
Release: 1
19.1.4 the applicant is known to be in violation of the Company s price lists filed with the
Commission;
19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which
have been specified by the Company as necessary to and a condition for providing
service to the applicant; or
19.6 the applicant has falsified his/her identity for the purpose of obtaining service.
2.19.2 Grounds for Tennination with Written Prior Notice
Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon
reasonable written notice to the Customer, discontinue services for any of the following reasons:
19.1 for nonpayment of any undisputed amounts owing to the Company;
2.19.2.2 for services provided to premises that have been vacated by the Customer;
19.2.3 for tampering with the Company s property;
2.19.2.4 for violation of rules, service agreements, or filed price lists;
19.5 for use of Customer equipment which adversely affects the Company s property,
facilities, or service to its other Customers, or upon condemnation of any material portion
of the facilities used by the Company to provide service to a Customer, or if a casualty
renders all or any material portion of such facilities inoperable beyond feasible repair; or
19.6 for fraudulent obtaining or use of service, including, but not limited to:
(a)
(b)
providing false infonnation to carrier the Company regarding the Customer
identity, address, creditworthiness, or current or planned use of common
communications;
using or attempting to use service by rearranging, tampering with, or making
connection to the Company s service where not authorized by this price list;
using tricks, schemes, false or invalid numbers, false credit devices, electronic
devices; or
any other fraudulent means or device.
(c)
(d)
19.3 Without Written Notice to the Customer
The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer
immediately and without prior notice to the Customer and without the Customers permission for
one or more of the following reasons:
19.1 Dangerous Condition, A condition immediately dangerous or hazardous to the life
physical safety, or property exists, or it is necessary to prevent a violation of federal, state
or local safety or health codes.
19.2 Ordered to Terminate Service. The Company is ordered to tenninate service by any court
the Idaho PUC, or any other duly authorized public authority.
19.3 Services Obtained Illegally. The services(s) was (were) obtained, diverted or used
without the authorization or knowledge of the Company,
Issued: October 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide
reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the
Customer.
19.5 Misrepresentation of Identity. The Customer has misrepresented the Customer s identity
for purposes of obtaining telephone service and either does not have or has an inadequate
security deposit on file with the Company.
19.3.6 for any governmental prohibition, or required alteration of the services provided, or any
violation of any applicable law or regulation, or unlawful use of service or use of service
for unlawful purposes, the Company may immediately discontinue or suspend service.
19.4 Notice of Disconnection
2.19.4.Seven-Dav Notice
Except as otherwise provided under the provisions of IDAP A 31.41 01.303.04 and
31.41.01.305, the Company will mail to the Customer written notice of termination at
least seven (7) calendar days before the proposed date of termination. The written notice
will contain the information required by IDAP A 31.41.0) .306.
19.4.Twentv-Four-Hour Notice
At least twenty-four (24) hours before actual termination, the Company will diligently
attempt to contact the Customer affected to apprise the Customer of the proposed action
and the steps to tale to avoid or delay termination. Oral Notice will contain the same
information as required by IDAPA 31.41.01.306.
19.4.3 Additional Notice
If the Company does not terminate service within seven (7) days after a proposed
termination date, and the matter is not the subject of a pending complaint before the
Idaho PUC, or if other arrangements have not been made with the Customer, the
Company will again make a diligent effort to contact the Customer to advise the
Customer of the proposed action. If the Company has not terminated service within
twenty-eight (28) days of mailing a written notice of termination, but still intends to
terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1
of this price list, related to Seven-Day Notice.
19.5 Customer Cancellation of Service
If the Customer cancels a service order or terminates service before the completion of the
term of service specified in the service order for any reason, the Customer agrees to pay
to the Company all costs, fees, and expenses reasonably incurred in connection with
special construction and with the term of service. In addition, the Customer may be liable
for termination charges up to a maximum amount equal to the total charges applicable for
the remaining term specified in the service order.
20 Restoration of Service
2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued
pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to
refuse to restore service until all amounts due have been paid.
Issued: October 11 , 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
221
2.22
2.23
2.24
3.D
3.1
20.2 Should the Customer request that service be restored during a period other than regular working
hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge
for service reconnection.
Assignment
The Company may, without obtaining any further consent from the Customer, assign any of its rights,
privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant
to any sale or transfer of substantially all the business of the Company; or pursuant to any financing,
merger or reorganization of the Company. The Customer may, upon prior written consent of the Company,
which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this
price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer
substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the
Customer.
Promotions
The Company may provide promotional offerings from time to time. The Company will notify the Idaho
PUC ten (10) days in advance of the rates, tenns & conditions of any such promotions.
E911
The Company will provide necessary Customer infonnation to the incumbent local exchange carrier for
appropriate routing of E911 calls. The Company s switches will be equipped with E911 trunks and all E911
traffic will be switched by the Company to the incumbent local exchange carrier for routing.
Public Notice
The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably
designed to call the attention of Customers who are affected by the changes to the proposed changes in
rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all
Customers affected will always constitute public notice
LOCAL EXCHANGE SERVICES
General
Local Exchange Services provides the Customer with connection to the public switched
telecommunications network. In addition, Local Exchange Service provides the Customer with a unique
telephone number address on the public switched telecommunications network. Each Local Exchange
Service enables the Customer to:
(a) receive calls from other stations on the public switched telecommunications network;(b) access other services offered by the Company as set forth in this price list;(c) access certain interstate and international calling services provided by the Company;
(d) access the Company s operators and business offices for service related assistance;
(e) access emergency services by dialing 0- or 9-1; and
access services provided by other common carriers which purchase the Company s Switched Access
Services as provided under the Company s Federal and State price lists or price list, or which maintain
other types of traffic exchange arrangements with the Company.
Service Descriptions
3,2.1 Residential Service
All residential services as may be provided for in the interconnect agreement between ILEC and
company and subject to such availability tenns and conditions contained therein.
Issued: October 11, 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: I
3.22 Business Service
All business services as may be provided for in the interconnect agreement between ILEC and
Company and subject to such availability, terms and conditions contained therein
3.2,3 Lines and Trunks
All business services as may be provided for in the interconnect agreement between ILEC and
Company subject to such availability, terms and conditions contained therein.
32.4 Optional and Vertical Features
All business services as may be provided for in the interconnect agreement between ILEC and
Company and subject to such availability, terms and conditions contained therein
Other
All business services as may be provided for in the interconnect agreement between ILEC and
Company and subject to such availability, terms and conditions contained therein
Number Services
6.1 Nonlisted Number Service Description
Nonlisted Service: A directory listing service wherein a Customer is not listed in the
published directory, but is listed in the directory assistance database
6.2 Non-published Number Service Description
Non-Published Service: A directory listing service wherein a Customer is not listed in the
published directory or in the directory assistance database.
Charges for Additional and Overtime Labor
3.3.1 Idaho Telecommunications Service Assistance Program (ITSAP)
ITSAP consists of two programs, Lifeline and Linkup, that were developed to provide discounted
rates for telephone service to low income customers, thus promoting universal service. The
programs are jointly sponsored (federal and state) telephone assistance programs designed
maximize federal contributions to Idaho s low-income customers. The programs provide
reductions in monthly rates for single line telephone service and/or reductions in one-time costs
for installation of telephone service for qualifying customers. The program is administered by the
Department of Health and Welfare in accordance with Idaho Code, 956-901.
3.32 Eligibility - To be eligible for ITSAP, the participant must:
(a) Apply through the Department of Health and Welfare,
(b) Be head of household
(c) Have a total gross income at or below 133% of the Office of Management and Budgets
(OMB) Poverty guidelines.
3.3.Residents of Tribal Lands may be eligible for additional federal assistance if the individual
participates in one of the following federal assistance programs:B ureau of Indian Affairs general
assistance;(a) Tribally administered Temporary Assistance for Needy Families;
(b) Head Start (only those meeting its income qualifying standard);(c) National School Lunch Program s free lunch program.
Issued: October 11 2007
Effective: January 1 2008
AMERICAN FIBER SYSTEMS, Ire.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
335
Eligibility and qualification detenninations will be perfonned according to the telecommunication
provider s federal tariff and/or 47 C.P.R. Part 54.
Each eligible participating resident of Tribal Lands must provide to its local service provider a
signed document certifying under penalty of perjury that the customer receives benefits from at
least one of the programs mentioned.
3.3.4
3.3.Lifelin~ Discounts applied to tariffed monthly recurring rates and charges for qualifyingresidentIal customers.
Monthly discount (not to exceed the rate charged for the grade of subscribed residential basic local
exchange service) $X.xX
Additional federal discounts mav applv:
Tier 1 - Monthly service discount equal to the subscriber line charge $X.xX
Tier 2 - Monthly service discount for customers of eligible telecommunications carriers who have
received non-federal regulatory approvals $X.xX
Tier 3 - Monthly service discount equal to one half of the amount of any state support up to a
maximum of $X.xX
Tier 4 Eligible residents of Tribal Lands may be eligible for discounts of up to SXX. This
discount may not bring the local residential rate to below $X.OO per month $XX.
3.3.Linkup Discounts applied to installation of new service, including line extensions, construction
of facilities, etc., but shall not apply to customer premises facilities or equipment.
A service installation cost reduction of 50% up to $XX.OO for an eligible resident of Tribal Lands
an additional reduction of up to $XX may be applied to cover 100% of the charges between $XX
and $XXX assessed for initiating telephone service. $XX.OO.
3.3.Rules
1 Applies to Telecommunication service at the principal residence of the eligible
subscriber/head of household.
2 A household is either an individual living alone or a group of individuals living together
in common living quarters and facilities under such domestic arrangements and
circumstances as to create a single establishment.
8.3 The eligible participant can receive assistance with telephone service installation costs
only once at a residential address. However, if the participant moves to a new address,
meets the eligibility criteria and is in good standing with the telephone service provider
there is no limit to the number of times the participant may receive assistance with
telephone costs.
8.4 Nonrecurring charges to change to or from this program because of change in eligibility
status will be waived.
5 Lifeline service is not available for foreign exchange service. Only one line per
household will qualify for ITSAP discounts.
Issued: October 11 , 2007
Effective: January 1 , 2008
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
6 Customers participating in either of these assistance programs must notify the company
of any changes that would affect qualification. Verification of eligibility will be
established by the Department of Health and Welfare and will be reviewed annually.
7 When the customer is no longer eligible, the discount will be discontinued and regular
tariff rates and charges will apply.
3..3..Recoverv
The cost of providing assistance through ITSAP shall be recovered by imposing a monthly
surcharge determined by the Public Utilities Commission and assessed on each line used for
providing residential and business access. Participating ITSAP customers are exempted from this
surcharge.
O5/1ine/month
3. 3.10 Idaho USF Surcharges
A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal
Service Fund. The Surcharge Rate is established by the Commission and will be assessed to each
business and residential line.
RATES AND CHARGES
Residential Service
1 st Line
Additional
USOC
IFR
AKF
Non-Recuning Charge
Business Service
1st. Line
Additional
USOC
IFR
AKF
Non-Recunin Char
Lines and Trunks
l Line
Non-Recunin Char
IFR
Optional Vertical Features
Residential
Hooting IFR
Caller ill
Call Forwarding
Non-Recuning Charge
Optical Vertical Features Cont.
Residential Non-Recurrin Char
Call Waiting
Issued: October 11 , 2007
Effective: January 1, 2008
Monthl Recurrin Char
Monthly Recurring Charge
Monthly Recurring Charge
Monthl Recurrin Char
Monthly Recurring Charge
AMERICAN FIBER SYSTEMS, Inc.
Boise, Idaho
Local Exchange Services Tariff
Release: 1
4.6 Optional Vertical Features Cont.b. Business
Hunting IFR
Caller ill
Call Forwarding
Call Waiting 3
Way Calling
Call Return
Voice Mail
4.7 Other
TBD
Number Services
Misc. Charges
Misc. Charges
9.1 Installation Charges
4.9.2
Installation Charges
IFR
Move and Change Charges
Non-Recurring Charge Monthly Recurring Charge
Non-ReculTing Charge Monthly Recurring Charge
IFR
Non-ReculTing Charge Monthly Recurring Charge
IFR
Non-ReculTing Charge Monthly Recurring Charge
IFR
Non-Recurring Charge
Non-Recurring Charge
Move and Change ChargesIFR x.
4.9.3 Charges for Additional Overtime Labor
Non-Recurring Charge
Charges for Additional Overtime LaborIFR x.
Integrated Voice and Data TI
issued: October 11 , 2007
Effective: January 1 , 2008
Installation
Rate
75.001hr
One Year
Tenn
Three Year
Tenn
Monthly
Rate
Two Year
Tenn
$840.$720.$672.$576.
The basic integrated voice and data TI consists of 24 channels for a
total transmission rate of 1.544 Mbs, Each 64kbs can be purchased
incrementally for voice and data and will be priced on an individual
case basis.