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APPLICATION FOR CERTIFICATION-LED
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BG Enterprises, Inc. (d/b/a Grizzly Telephone) isaDbmpetitiw8\Iibu~lS!ON
Exchange Carrier (CLEC) that wishes to resell telecommunication services in the
State ofIdaho. The company provides only basic local telephone service. It is not
a long distance carrier. Grizzly is non-facility based and has no plans to build
facilities in the future. Grizzly appeals to individuals and businesses with
challenged credit history and serves its customers by providing basic telephone
services without requiring a deposit. The company has been providing service to
customers in Idaho since 2000, pursuant to an interconnection agreement with
Qwest. Grizzly is the operating name BG Enterprises, Inc., a Montana
Corporation.
II. Form of Business
BG Enterprises, Inc., d/b/a Grizzly Telephone, is a Montana Corporation.
The company is located at 2437 South Avenue West, Missoula, Montana
59801.
c. If the applicant is a corporation
(1) The company provides only basic local telephone service. It is
not a long distance carrier.
(2) The company is a Montana corporation.
(3) National Registered Agents, Inc., 1423 Tyrell Lane, Boise, ID
83706
(4) See attached Exhibit "A" a certified copy of Grizzly s articles
of incorporation.
(5) See Attached Exhibit ", a certificate of existence issued by
the Idaho Secretary of State ofIdaho, and certificate of good
standing issued by the Montana Secretary of State s Office
(6) Name and address of registered agent for service in Idaho:
National Registered Agents, Inc., 1423 Tyrell Lane, Boise, ID
83706
2. If a corporation, the names and addresses of the ten common
stockholders of applicant owning the greatest number of shares of
common stock and the number of such shares owned by each, as follows:
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
*****
Linda Gordon Shares Percentage of Percentage
of Voting
1632 Pittman Drive Owned All Shares Issued Control
and Outstanding
Missoula, Montana 5000 100%
59803 100%
3. Names and addresses of the officers and directors of applicant: Linda
Gordon, 2437 South Avenue West, Missoula, Montana 59801.
4. Name and address of any corporation, association, or similar
organization holding a 5% or greater ownership or a management interest
in the applicant. As to ownership, the amount and character of the interest
must be indicated. A copy of any management agreement must be
attached: N/ A
5. Names and addresses of subsidiaries owned or controlled by applicant:
None
III. Telecommunication Service
1. The date on which applicant proposes to begin construction or
anticipates it will begin to provide service:
The company has provided service to Idaho customers since 2000.
2. A written description of customer classes and customer service( s) that
the applicant proposes to offer to the public:
Grizzly provides POTS (Plain Old Telephone Service) on a resold basis
through local exchange carriers.
IV. Service Territory
1. A description sufficient for determining whether service is to be offered
in a particular location; and the names of all incumbent local exchange
corporations with whom the proposed utility is likely to compete.
Grizzly serves in areas serviced by Qwest and Verizon.
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
2. Written description of the intended manner of service, for example
resold services or facilities based. A general description of the property
owned or controlled by applicant:
Grizzly resells services. It is non-facility based. It owns no property in
Idaho.
3. A statement describing with whom the applicant is likely to compete:
Grizzly may compete with other CLECs and ILECs doing business in
Idaho.
4. A description of the property owned by the applicant clarifies the
applicant's proposed services and operation:
None Owned
V. Financial Information
1. Current detailed balance sheets, including a detailed income and profit
and loss statements of applicant reflecting current and prior year balances
for the twelve months ended as of the date ofthe balance sheet, or if not
readily available, for the period since the close of the preceding calendar
year.
See Attached.
2. If a balance sheet and income statement are not available, the applicant
must submit financial data sufficient to establish that it possesses adequate
financial resources to provide the proposed services.
V1. "Illustrative" Tariff Filings
Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations
applicable to the contemplated Amended Price List: Effective: 01/02/2004
Basic telephone service is $49.99. This price includes:
Federal Excise Tax (ill, .66 per access line
Federal Access Charge:(ill,$6.50 per access line
Idahao Telephone Assistance Program: (ill,.12 per access line
No Deposit.
No Installation charge.
Special features:
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
A. Caller ID
1) One time installation fee of$12.95 per access line
2) Monthly rate of$5.95 per access line
B. Call waiting
1) One time installation fee of$12.95 per access line
2) Monthly rate of$5.00 per access line
C. Non-published telephone number
1) One time installation fee of$12.95 per access line
2) Monthly rate of $4.00 per access line
5. Charge per use features:
Grizzly Telephone makes every effort to block charge per use features.
If we receive charges from Qwest for a charge per use feature that was used by the end
user, the end user will be charged at the following rates:
A. Directory Assistance (DA) is $1.50 per use with no cap.
B. National Directory Assistance (NDA) is $1.00 per use with no cap.
C. Last Call Return (LCR) is $1.00 per use with a cap at eight (8).
D. Continuous Redial (CR) is $1.00 per use with a cap at eight (8).
E. I Called Messaging (Icall) is $1.00 per use with no cap.
F. 3-Way Calling (3-Way) is $1.00 per use with no cap.
G. Long distance is blocked. If a long distance call is made or if a collect call
is accepted the end user will be responsible for those charges as well as the applicable
tax. This includes calls from Correction Facilities.
H. Call trace charge is $2.00 per call.
6. Customers will be assigned a due date that is based on their actual turn on date.
Customers paying their monthly phone payments five (5) days after their due date will be
charged a $5.00 late fee.
7. Customers requesting to move their telephone service to a new service address
will be charged a $15.00 move fee.
8. Customers wishing to make changes to their telephone number or listing will be
charged a $10.00 change fee.
9. Prices effective September 1 2002. Customers notified of new price list by
mail.
VII. Customer contacts
1. Contact information for the Applicant.
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
a) The name, address, and telephone number and electronic
mailing addresses (if available) of the person( s) responsible for consumer inquiries and
complaints from the public.
Linda Gordon, 2347 South Avenue West, Missoula, Montana 59801 , 406-721-
6209
lindag~grizzl yphone. com
b) A toll-free number for customer inquiries and complaints.
888-406-6209
c) The name, number and electronic mailing addresses (if
available) of the person(s) designated as a contact for the
Commission Staff for resolving complaints, inquiries and matters
concerning rates and price lists or tariffs.
Thomas C. Orr, Esq., P.O. Box 8096, Missoula, Montana 59807
406-543-1112/
VIII. Interconnection Agreements
1. Statements of whether the applicant has initiated interconnection
negotiations and, if so, when and with whom.
Grizzly has an interconnection agreement with Qwest and Verizon.
Grizzly Telephone has been operating under this interconnection
agreement since January of2000.
Ix. Compliance with Commission Rules
A written statement that the applicant has reviewed all of the Commission
rules and agrees to comply with them, or a request for waiver of those
rules believed to be inapplicable.
Grizzly has reviewed all Commission Rules and will comply.
X. Escrow Account or Security Bond
1. If a company requires advance deposits by its customers, the company
must submit a signed copy of an escrow account with a bonded escrow
agent or a security bond. The escrow or bond shall be sufficient to meet
customer deposit refunds in case of company default.
Grizzly does not require customers to make a deposit.
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
2. At the Commission s discretion, an additional deposit may be required
to keep customers whole in case of company default.
N/A
3. The Commission will review the individual requirement of establishing
an escrow or security account by the Company upon good showing by the
Company for a period of two years.
N/A
I :lintern et/te I eco rnJ cert. doc
BG Enterprises, Inc. (d/b/a Grizzly Telephone) Application for Certification
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 1
CHECK SHEET
Sheets of this Tariff are effective as ofthe date shown at the bottom of the respective sheets. Original
and revised sheets, as named below, comprise all changes from the original Tariffthat are currently in
effect as of the date on the bottom of this sheet.
SHEET
NUMBER OF REVISION
Except as Noted)
EFFECTIVE
DATE
Original
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March 10 2004
March 10, 2004
March 10 2004
March 10 2004
March 10, 2004
March 10 , 2004
March 10, 2004
March 10, 2004
March 10, 2004
March 10 2004
March 10, 2004
March 10 2004
March 10 2004
March 10, 2004
March 10 2004
March 10, 2004
March 10 2004
March 10 2004
March 10, 2004
March 10 2004
March 10 2004
March 10 2004
March 10, 2004
March 10 2004
March 10, 2004
March 10, 2004
March 10 , 2004
March 10, 2004
March 10 2004
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 2
TABLE OF CONTENTS
Sheet
CHECK SHEET................................................."""""""""""""""""""'" 1
TABLE OF CONTENTS .............................................................................. 2
APPLICATION OF TARIFF.................................................""""""""""""" 3
EXPLANATION OF SYMBOLS..................................................................... 4
TARIFF FORMAT....................................................................................... 5
D EFINITI ON S .......................................................................................... 6
REGULATIONS
""""""""""""""""""""""""""""""""""""""""""'"
1 Undertaking of the Company ....................................................................... 8
2 Prohibited Uses ....................................................................................... 14
3 Obligations of the Customer ........................................................................
2.4 Customer Equipment and Channels """""""""""""""""""""""""""...........
5 Payment Arrangements .............................................................................. 18
6 Allowances for Interruptions in Service.... .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .... 21
7 Allowance for Uncompleted Calls/Wrong Number .............................................
8 Cancellation of Service ..............................................................................
9 Transfers and Assignments.........................................................................
10 Notices and Communications
................................................ ... ...................
0 SERVICE AREAS
...............
......................................................""""""" 24
1 Exchange Service Areas & Rate Class
"""""""""""""""""""""""""""......
0 SERVICE DESCRIPTION AND RATE..........................................................
1 Local Exchange Telephone Service............................................................ ...
4.2 Basic Local Exchange Rates and Charges
"""""""""""""""""""""""""""
3 Directory Listings...
................................................................................
4.4 Emergency Services (Enhanced 911)
.............................................................
5 Promotion Offerings .................................................................................
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 3
APPLICATION OF TARIFF
This tariff sets forth the services offerings, rates, terms and conditions applicable to the furnishing of
intrastate communications services by BG Enterprises, Inc. dba Grizzly Telephone, (hereinafter
Company ) with principal offices at 2347 South Avenue West, Missoula, Montana 59801. This tariff
applies to services furnished in the State ofIdaho. This Tariff is on file with the Idaho Public Utilities
and copies can be inspected, during normal business hours, at Company s principal place of business.
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 4
EXPLAN A TI 0 N OF SYMBOLS REFERENCE MARKS. AND
ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF
The following symbols shall be used in this tariff for the purpose indicated below:
To signify a changed condition or regulation.
To signify a discontinued rate or regulation
I -To signify an increased rate
To signify a move in location of text
N -To signify a new rate or regulation.
To signify a reduced rate.
To signify a change in text but no change in rate or regulation.
To signify a correction.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 5
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper-right corner of the sheet. Sheets are
numbered sequentially. However, new sheets are occasionally added to the Tariff. 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 14.
Sheet Revision Numbers - Revision numbers also appear in the upper-right corner of the sheet.
These numbers are used to determine the most current sheet version on file with the
Commission. For example, the 4th revised in their Tariff approval process, the most current sheet
number on file with the Commission is not always the Tariff page in effect. Consult the Check
Sheet for the sheet currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of
Coding is subservient to its next higher level of coding.
1.1.
2. 1. LA.
1. LA. 1
1. LA. 1. (a)
2. 1. LA. l.(a). 1
2. 1. LA. l.(a). 1.i
A.1.(a).(1)
Check Sheets When a Tariff filing is made with the Commission, an updated check sheet
accompanies the Tariff filing. The check sheet lists the sheets contained in the Tariff, with a
cross reference to the current revision number. When new sheets are added the check sheet is
changed to reflect the revision. All revisions made in a given filing are designated by an asterisk
). There will be no other symbols used on this sheet if these are the only changes made to it
(i., the format, etc. remains the same, just revised revision levels on some sheets). The Tariff
user should refer to the latest check sheet to find out if a particular sheet is the most current sheet
on file with the Commission.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 6
SECTION 1 - DEFINITIONS
Certain terms used generally throughout this tariff are defined below.
Authorized User:A person that either is authorized by the Customer to use local exchange
Telephone service at Customer s residence or other location, or is placed in a position by the
Customer, either through acts or omissions, to use local exchange telephone service.
Commission:Idaho Public Utilities Commission, unless context indicates otherwise.
Class of Service (COS):Used to prevent a station from dialing certain codes and numbers.
Company:BG Enterprises, Inc., dba Grizzly Telephone, a Montana Corporation, which is the
issuer of this Tariff.
Customer:The person or entity which orders services from the Company, purchases a prepaid
calling card from the Company, or prepays the Company for use of its services: and who is
responsible for the payment of charges and for compliance with the Company tariff regulations.
Exchange Carrier:Any individual, partnership, association joint-stock company, trust
Governmental entity or corporation engaged in the provision of local exchange telephone
serVIce.
Incumbent Local Exchange Carrier (lLEC):Local exchange carriers that are providing
Telephone Exchange Service in an area on the date of the enactment of the Telecommunications
Act of 1996 and that are deemed to be members of the exchange carrier association.
Individual Case Basis:A service arrangement in which the regulations, rates and charges are
developed based on the specific circumstances of the Customer s situation
LATA: A local access and transport area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action
No. 82-0192 for the provision and administration of communications services.
Local Calling: A completed call or telephone communication between a calling station and any
other station within the local service area of the calling station.
Local Exchange Carrier: A company which furnishes exchange telephone service.
Non-Recurring Charges: The one-time initial charges for services or facilities, including but not
limited to charges for processing and installation, for which the Customer becomes liable at the
time the Service Order is executed.
Recurring Charges: The monthly charges to the Customer for services, facilities and equipment
which continue for the agreed upon duration of the service.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 7
Reminder Notice: The notification given to the Customer prior to the expiration of the current
Prepaid period.
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 extended by the
Customer s refusal to accept service which does not conform to standards set forth in the Service
Order or this Tariff, but the duration of the service is calculated from the Service
Commencement Date. Service Order may also be referred to as Customer Service Agreement.
Service Order:The written request for local exchange services executed by the Customer and the
Company in a format specified by the Company. The signing of a Service Order by the Customer
and Acceptance thereof by the Company initiates the respective obligations of the parties as set
forth therein and pursuant to this tariff, but the duration of the service is calculated from the
Service Commencement Date. Service Order may also be referred to as Customer Service
Agreement.
Service(s): The Company s local telecommunications service(s) offered to the Customer under
this Tariff.
Station: Telephone equipment from or to which calls are placed.
Trunk: A communications path connecting two switching systems in a network, used in the
Establishment of an end-to-end connection.
User: A Customer or any other person authorized by the Customer to use Services provided
under this tariff.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 8
SECTION 2 - REGULATIONS
Undertaking of the Company
1.1 Scope
The Company undertakes to furnish intrastate telecommunications services within the
State of Idaho under the terms of this tariff as a reseller of services from Qwest
Communications and Verizon.
The Company is responsible under this tariff only for the services and facilities provided
herein. Should Customers use such services and facilities to obtain access to services
offered by other providers, the Company assumes no responsibility for such other service.
1.2 Shortage of Equipment or Facilities
The Company has the right to limit or to allocate the use of existing facilities, or of
additional facilities offered by the Company, when necessary because of lack of facilities
or due to some other cause beyond the Company s control.
The furnishing of service under this tariff is subject to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company
facilities as well as any facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the Company.
1.3 Terms and Conditions
1.3.Except as otherwise provided herein, service is prepaid and provided on the
basis of a minimum period of at least one month, and shall continue to be
provided until Customer fails to prepay for the subsequent month pursuant to the
Company s Reminder Notice. If Customer does not provide payment prior to the
expiration of the prepaid service period. Customer s service will be disconnected
pursuant to Section 2.5 ofthis Tariff.
1.3.Unless otherwise specified herein, for the purpose of computing charges in this
Tariff, a month is considered to have thirty (30) days. All calculations of dates
set forth in this tariff shall be based on calendar days. Should the Payment Due
Date fall on a Sunday or a Federal holiday; the Customer will be permitted to
make Payment on the next regular business day.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 9
Undertaking of the Company (Cont'
1.3 Terms and Conditions (Cont'
1.3.
1.3.4
1.3.
1.3.
Customer may be required to enter into a written Customer Service Agreement
which may contain or reference the name of the Customer, a specific description
of the service ordered, the rates to be charged, the duration of the services, and
the terms and conditions of this Tariff. At the expiration of any term specified in
the Customer Service Agreement, or in any extension thereof, service shall
continue on a month to month basis at the then current rates unless terminated
by either party. Any termination shall not relieve Customer of its obligation to
pay any charges incurred under the Agreement and this tariff prior to
termination. The rights and obligations that by their nature extend beyond the
termination of the term of the Agreement and this tariff prior to termination. The
rights and obligations that by their Nature extend beyond the termination of the
term of the Agreement shall survive such termination.
This tariff shall be interpreted and governed by the laws ofthe State ofIdaho
without regard for the State s choice of law provisions.
Another telephone company must not interfere with the right of any person or
entity to obtain service directly from the Company.
The Customer has no property right to the telephone number or any call number
designation associated with services furnished by the Company. The Company
reserves the right to change such numbers, or the central Office designation
associated with such numbers, or both, assigned to the Customer, whenever the
Company deems it necessary to do so.
1.4 Liability of the Company
1.4.The liability of the Company for damages arising out of the furnishing of its
services, including but not limited to mistakes, omissions, interruptions, delays, or
errors, other defects, or representations by the Company, or use of these services
or damages arising out of the failure to furnish the service whether caused by acts
or omission, shall be limited to the extension of allowances for interruptions as set
forth in Section 2.6 below. The extension of such allowances for interruption shall
be the sole remedy of the Customer as a result of any Company service
equipment or facilities, or the acts or omissions or negligence of the Company
employees or agents.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801Issue Date: March 8, 2004 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 10
Undertaking of the Company (Cont'
1.4 Liability of the Company (Cont'
1.4.
1.4.
1.4.4
1.4.
1.4.
1.4.
The Customer is responsible for taking all necessary legal steps for
interconnecting his or her customer provided terminal equipment of
communications systems with Company s facilities. Customers shall secure all
licenses, permits, rights-of-way, and other arrangements necessary for such
interconnections.
The Company s liability for willful misconduct is established as a result of
judicial or administrative proceedings, is not limited by this tariff. With respect to
any other claim or suit, by a Customer or by others, for damages associated with
the ordering (including the reservation of any specific number for use with a
service), installation (including delays thereof), provision, termination
maintenance, repair, interruption or restoration of any service or facilities offered
under this tariff, and subject to the provisions of Section 2., the Company
liability, if any, shall be limited as provided Herein
The Company shall not be liable for any delay or failure of performance or
equipment due to causes beyond its control, including but not limited to: acts of
God, fire, flood explosion or other catastrophes; and law and 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 the Company, or of any department, federal, state, or local
governments or of any military authoriti, preemption of existing unavailability of
rights-of-way or materials, or strikes, lockouts, work stoppages, or other labor
difficulties
The Company shall not be liable for: (a) any act or omission of any entity
furnishing the Company or the Company s Customers facilities or equipment used
for or with the services the Company offers; or (b) for the acts or omissions of
other common carriers or warehousemen.
The Company shall not be liable for any damages or losses due to the fault or
negligence of, or any omission by, the Customer or due to the failure or
malfunction of Customer-provided equipment or facilities.
The Customer shall indemnify and hold the Company harmless from any and all
loss, claims, demands, suits or other action, or any liability whatsoever, whether
suffered, made, instituted, or asserted by any other party or person(s), and for any
loss, damage, or destruction of any property, whether owned by the Customer or
others, caused or claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance, removal, condition
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801Issue Date: March 8, 2004 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 11
Undertaking of the Company (Cont'
1.4.Liability of the Company (Cont'
1.4.
1.4.
1.4.
location or use of any installation provided by the Company. The Company
reserves the right to require each Customer to sign an agreement acknowledging
acceptance of the provisions of this section as a condition precedent to such to
such installations.
The Company shall not be liable for any defacement of or damage to Customer
premises resulting from the furnishing of services or equipment on such premises
or the installation or removal thereof, unless such defacement or damage is caused
by gross negligence or willful misconduct of the Company s agents or employees.
No agents or employees of other participating carriers shall be deemed to be
agents or employees of the Company.
Notwithstanding the Customer s obligations as set forth in Section 2.3.2, the
Company shall be indemnified, defended, and held harmless by the Customer or
by others authorized by it to use the service against any claim, loss or damage
arising from Customer s use of services furnished wider this tariff, including:
Claims for defamation, libel, slander, invasion of privacy, infringement of
copyright, unauthorized use of trademark, trade name, or service mark, unfair
competition, interference with or misappropriation or violation of any contract
proprietary or creative right, or any other injury to any person, property, or entity
arising from the material, data, information or content revealed, transmitted
processed, handled or used by the Company under this Tariff.
Patent Infringement claims arising from combining or connecting the service
offered by the Company with apparatus and systems of the Customer or others
and.
All other claims arising out of any act or omission of the Customer or others, in
connection with any service provided by the Company pursuant to this tariff.
The entire liability of the Company for any claim, loss, damage or expense from
any cause whatsoever shall in no event exceed sums actually paid to the Company
by the Customer for the specific services giving rise to the claim, and no action or
proceeding against the Company shall be commenced more than one year after
the service is rendered.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801Issue Date: March 8, 2004 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 12
Undertaking of the Company (Cont'
1.4.
1.4.
1.4.
1.4.
1.4.
THE COMPANY MAKES NO WARRANTIES OR REPRESENT A TIONS,
EXPRESS OR IMPLIED. INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
The Company shall not be liable for any act other company or companies
furnishing a portion of the service, or for damages associated with service
channels, or equipment which it does not furnish, or for damages which result
from the operation of Customer provided systems, equipment, facilities or
services which are interconnected with Company services.
No agent or employee of any other carrier shall be deemed to be an agent or
employee of the Company.
With respect to Emergency 911 Service
This service is offered solely as part of the resold ILEC Service, where available
as an aid in handling assistance calls in connection with fire, police and other
emergencies. The Company is not responsible for any losses, claims, demands
suits or any liability whatsoever, whether suffered, made, instituted or asserted by
the Customer or by any other party or Person or persons, and for any loss, damage
or destruction of property, whether owned by the Customer or others, caused or
claimed to have been caused by: (1) mistakes, omissions, interruptions, delays
errors or other defects in the provision of this Service, or (2) installation
operation, failure to operate, maintenance, removal, presence, condition, location
or use of any equipment and facilities furnishing this service.
Neither is the Company responsible for any infringement or invasion of the right
of privacy of any person or persons, caused or claimed to have been caused
directly or indirectly, by the installation, operation, failure to operate
maintenance, removal, presence, condition, occasion or use of emergency 911
service features and the equipment associated therewith, or by any services
furnished by the Company including, but not limited to, the identification of the
telephone number, address or name associated with the telephone used by the
party or parties accessing Emergency 911 Service, and which arise out of the
negligence or other wrongful act of the Customer.
The Company s liability arising from errors or omissions in directory listing, other
than charged listings, shall be limited to the amount of actual impairment to the
Customer s service and in no event shall exceed one-halfthe amount ofthe fixed
monthly charges applicable to exchange service affected during the period
covered by the directory in which the error or omission occurs. In cases of
charged Directory Listings, the liability of the Company shall be limited to an
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801Issue Date: March 8, 2004 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 13
Undertaking of the Company (Cont'
1.4.15 Liability of the Company (Cont'
1.4.
1.4.
1.4.
1.5
amount not exceeding the amount of charges for the charged listings involved
during the period covered by the directory in which the error or omission occurs.
In conjunction with a non-published telephone number, the Company will not be
liable for failure or refusal to complete any Call to such telephone when the
number does not place the call. The Company will try to prevent the disclosure of
the number of such telephone, but will not be liable should such number be
divulged.
When a Customer with a non-published telephone number places a call to the
Emergency 911 Service, the Company will release the name and address of the
calling parry, where such information can be determined, to the appropriate local
governmental authority responsible for the Emergency 911 Service upon request
of such governmental authority. By subscribing to service under this tariff
Customer acknowledges and agrees with the release of information as described
above.
The included tariff language does not constitute a determination by the
Commission that a limitation imposed by the Company should be upheld in a
court of law. Acceptance for filing by the Commission recognizes that it is a
court's responsibility to adjudicate negligence and consequential damage claims.
It is also the court's responsibility to determine the validity ofthe exculpatory
clause.
Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such Activities may include
but are not limited to, equipment or facilities additions, removals, or rearrangements and
routing 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 activities. The Company will work cooperatively with the
Customer to determine the reasonable notifications requirements. With some emergency or
unplanned service-affecting conditions, such as outage resulting from cable damage
notification to the Customer may not be possible.
1.6 Provision of Equipment and Facilities
1.6.The Company shall use reasonable efforts to make available services 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 tariff. The
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801Issue Date: March 8, 2004 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 14
Undertaking of the Company (Cont'
1.6.1Provision of Equipment and Facilities (Cont'
Company does not guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
1.6.The Company shall use reasonable efforts to cause the ILEC to maintain its own
facilities, which the Company furnishes to the Customer. The Customer may not
nor may the Customer permit others to, rearrange, disconnect, remove, attempt to
repair or otherwise interfere with any of the facilities provided by the ILEC or the
Company
1.7 Customer Equipment and Channels
1.7.The Company shall not be responsible for the installation, operation, or
maintenance of any Customer provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this Tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this Tariff and to the maintenance and operation of such facilities.
Beyond this responsibility, the Company shall not be responsible for:
The transmission of signals by Customer-provided equipment or for the quality
, or defects in, such transmission; or
The reception of signals by Customer-provided equipment; or
Network control signaling where such signaling is performed by Customer-
provided network control signaling equipment
1.8 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the ILEC, its agents
or contractors.
2 Prohibited Uses
The services the Company offers shall not be used for any unlawful purposes or for any
use as to which the Customer has not obtained all required Governmental approvals
authorizations, licenses, consents and permits. Services also may not be used for any
purpose for which payment or other compensation is received by the Customer except
when the Customer is a duly authorized regulated common carrier. This provision does not
prohibit an arrangement between the customer, authorized user, or joint user to share
serVIces.
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 15
The Company may block any signals being transmitted over its Network by Customers
that cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payment for charges relating to any blocked service and shall
indemnify the Company for any claim, judgment or liability resulting from such blockage.
3 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to another
entity if the existing Customer has paid all charges owed to the Company for regulated
communications services. Such a transfer will be treated as a disconnection of existing
service and installation of new service, and non-recurring installation charges as stated in
this tariff will apply.
Obligations of the Customer
General
The Customer shall be responsible for:
A. Placing orders for service.
When placing an order for service. Customer must provide:
1. the name(s) and addressees) of the person(s) responsible for the payment of
service charges: and
2. the name(s), telephone number(s), and addressees) of the Customer contact
person(s).
B. The payment of all applicable charges pursuant to this Tariff;
C. Reimbursing the Company for damage to or loss of. the Company s or the ILEC's
facilities or equipment caused by the acts or omissions of the Customer; or the
noncompliance by the Customer, with these regulations; Or by fire or theft or other
casualty on the Customer s premises, unless caused by the negligence or willful
misconduct of the employees or agents of the Company. The Company will, upon
reimbursement for damages, cooperate with the Customer in prosecuting a claim
against the person causing such damage and the Customer shall be subrogated to the
Company s right of recover of damages to the extent of such payment.
D. Providing at no charge as specified from time to time by the Company any needed
personnel, equipment, space and power to operate Company or ILEC facilities and
equipment installed on the premises of the Customer, and the level of heating and air
conditioning necessary to maintain the operating environment on such premises;
E. Obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 16
Obligations of the Customer (Cont'
1E General (Cont'
used to provide local exchange service to the Customer from the cable building
entrance or property line to the location of the equipment space described in 2.3 .1.D.
Any costs associated with obtaining and maintaining the rights-of-way described
herein, including the costs of altering the structure to permit installation of the
Company or ILEC provided facilities, shall be borne entirely by, or may be charged by
the Company to the Customer. The Company may require the Customer to
demonstrate its compliance with this section prior to accepting an order
F. Providing a safe place to work and complying with a laws and regulations regarding
the working conditions on the premises at which ILEC employees and agents shall be
installing or maintaining the facilities and equipment under this Tariff. The Customer
may be required to install and maintain ILEC's facilities and equipment within a
hazardous area if, in the ILEC's opinion , injury or damage to the ILEC's employees or
property might result from installation or maintenance by the ILEC. The Customer
shall be responsible for identifying, monitoring, removing and disposing of any
hazardous material (e.g. friable asbestos) prior to any construction or installation work;
G. Complying with all laws and regulations applicable to, and obtaining all consents
approvals, licenses and permits as may be required with respect to, the location of
Company or ILEC facilities and equipment in any Customer premises or the rights-of-
way for which Customer is responsible under section 2.1.E. above: and granting or
obtaining permission for needed personnel to enter the premises ofthe Customer at any
time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company or ILEC:
H. Not creating or allowing to be placed or maintained any liens or other encumbrances
on the Company s or ILEC's equipment or facilities: and
I. Making Company or ILEC facilities and equipment available periodically for
maintenance purposes at a time agreeable to all affected parties. No allowance for
interruptions in service will be made for the period during which service is interrupted
for such purposes.
Claims
With respect to any service or facility provided by the Company, Customer shall
indemnify, defend and hold harmless the company from all claims, actions, damages
liabilities, costs and expenses for:
A. Any loss, destruction or damage to property of the Company or any third party, or the
death of or injury to persons, including, but not limited to, employees or invitees of
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 17
Obligations of the Customer (Cont'
Claims (Cont'
either the Company or the Customer to the extent caused by or resulting from
negligent or intentional act or omission ofthe Customer, its employees, agents
representatives or invitees: or
B. Any claim, loss damage, expense or liability for infringement of any copyright, patent
trade secret, or any proprietary or intellectual property right of any third party, arising
from any act or omission by the customer, including, with limitation, use of the
Company s services and facilities in a manner not contemplated by the agreement
between the Customer and the Company.
Customer Equipment and Channels
2.4.Interconnection of Facilities
2.4.1.1 Services furnished by the Company may be connected to the services or facilities of
other authorized communications carriers only when authorized by, and in
accordance with, the terms and conditions of the tariffs of the other communications
carriers, which are applicable to such connections. Service furnished by the company
is not part of a j oint undertaking with such other carriers.
2.4.1.2 Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing local exchange service
and the channels, facilities, or equipment of others may be provided at the Customer
expense.
1.3 Facilities furnished under this tariff may be connected to Customer-provided terminal
equipment in accordance with the provisions of this tariff.
1.4 The Customer is responsible for taking all necessary legal steps for interconnecting
his or her customer provided terminal equipment of communications systems with
Company s facilities. Customers shall secure all licenses, permits, rights-of-way, and
other arrangements necessary for such interconnections.
Inspections
1 Upon reasonable notification to the Customer, and at a reasonable time, the Company
may make such tests and inspections as may be necessary to determine that the
Customer is complying with the requirements set forth herein for the installation
operation, and maintenance of any Customer-provided facilities and equipment to any
Company-owned facilities and equipment. No credit will be allowed for any
interruptions occurring during such inspections.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 18
2.4 Customer Equipment and Channels (Cont'
Inspections (Cont'
2.4.2 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, and personnel. The Company will notify the Customer
promptly ifthere 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. The Company will, upon
request 24 hours in advance, provide the Customer with a statement of technical
parameters that the Customer s equipment must meet.
Payment Arrangements
Payment for Service
The Customer is responsible for payment of all charges for service and facilities
furnished by the Company to the Customer or authorized users. Objections must be
received within five days after the due date, or the charges shall be deemed correct.
Should the Customer pay the charges under protest, he may have an additional 30 days to
dispute same in writing or the charges will become binding upon Customer. If an entity
other than the Company imposes charges on the Company, in addition to its own internal
costs, in connection with a service for which a Company Non-Recurring Charge is
specified, those charges may be passed on to the customer.
1.1 Taxes: The Customer is responsible for the payment of any sales, use, gross receipts
excise, access or other local, state and federal taxes on the Company s net income
assessed in conjunction with service used. Any taxes imposed by a local jurisdiction
(e.g. comity and municipal taxes) will only be recovered from those Customers
residing in the affected jurisdictions. It shall be the responsibility of the Customer to
pay any such taxes that subsequently become applicable retroactively.
Billing and Collection of Charges
1 Prepayment of Services: Customer shall prepay Customer s monthly service
provided by Company for each one-month period. The Company shall present a bill
or reminder call for monthly charges to the Customer in advance of the month for
which service is being provided.
2 Service is to be prepaid each month. The first payment is due in advance when the
customer signs up for service. This is the activation date. All other payments are due
monthly on the anniversary of the Customer s activation date for the ensuing month'
serVIce.
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 19
Payment Arrangements (Cont'
Billing and Collection Charges (Cont'
3 Payments shall be considered delinquent and customer will be assessed a late charge
if the bill is not paid on or before the due date. Additionally, a non-recurring 1.5
percent per month delayed payment charge will accrue upon any past-due amount
after the customer s account becomes delinquent.
2.4 The Customer is responsible for payment of all charges for service furnished to the
Customer, including, but not limited to all calls originated and or received at the
Customer s number(s). Notwithstanding section 3.1.1 ofthis Tariff, which provides
for the blocking of certain toll calls, including direct dia110ng distance, collect calls
operator-assisted calls, and third number billed calls, in the event that the blocking of
these calls is circumvented by the Customer, or in the event of a temporary failure of
the blocking mechanism, the Customer is responsible for payment of any toll charges
billed to the Customer s number(s). The initial billing may include the account set-up
charge where applicable.
5 For existing customers whose service is disconnected, the charge for the fraction of
the month in which service was furnished will be calculated on a pro rata basis. For
this purpose, every month is considered to have 30 days.
6 Customers may pay for service by credit card, authorized debit card, an authorized
payment, cashier s check, or money order
7 Company will bill Customer a one-time charge of$30.00 if Customer s check for
payment of service is returned for insufficient or uncollected funds closed accounts
or any other insufficiency or discrepancy necessitating return of the check at the
discretion of the drawee bank or other financial institution.
8 A charge of $25.00 or the applicable statutory charge for reconnection of service (if
any), whichever is greater, will apply whenever a Subscriber requests to be
reconnected to the services after the Company has terminated Services to Subscriber
for any reason allowed by this Tariff.
DisDuted Bills
The Customer shall notify the Company of any disputed items on a bill within 30 days. If
the Customer and the Company are unable to resolve the dispute to their mutual
satisfaction, the Customer may file a complaint with the Idaho Utilities Commission in
accordance with the Commission s rules of procedure.
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 20
Payment Arrangements (Cont'
1 The date of the dispute shall be the date the Company receives sufficient
documentation to enable it to investigate the dispute. The date of the resolution is the
date the Company completes its investigation and notifies the Customer of the
disposition of the dispute.
5.4 Customer Devosits
The company does not require deposits from Customers.
Discontinuation of Service
Customer s service may be discontinued without the Company incurring liability for any
of the following reasons.
1 Upon expiration of any prepaid service period unless Customer has paid to Company
the next full month's service fee and/or applicable reconnection fee and any other
charges incurred by the customer:
2 Upon violation of or noncompliance with any Commission regulations, or for
violation or noncompliance with any of the other material terms or conditions for
furnishing service.
3 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 if the customer fails to furnish
service equipment, permits, certificates or rights of way specified to be furnished in
the utility s rules filed with the Commission as conditions for obtaining service.
5.4 Immediately and without notice upon the Customer s insolvency, assignment for the
benefit of creditors, filing for bankruptcy or reorganization, failing to discharge an
involuntary petition within the time permitted by law, or abandonment of service.
5 The Company may discontinue the furnishing of any and/or all service(s) to a
Customer, without incurring any liability:
A. Immediately and without notice if the Company deems that such action is
necessary to prevent or to protect against fraud or to otherwise protect its
personnel, agents, facilities or services. The Company may discontinue service
pursuant to this sub-section 2.A (1-4) if:
1. The Customer provides false information to the Company regarding the
Customer s identity, address, past or current use of common carrier
communications services(s); or
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 21
Payment Arrangements (Cont'
Discontinuation of Service (Cont'
2. The Customer uses, or attempts to use, service with the intent to avoid the
payment, either in whole or in part, ofthe tariffed charges for the service by:
a. Using or attempting to use service by rearranging, with, or making
connections to the Company s service not authorized by this tariff; or
b. Using tricks, schemes, false or invalid numbers, false credit devices
electronic devices; or
c. Any other fraudulent means or devices; or
3. Use of service in such a manner as to interfere with the service of others; or
4. Use of service for unlawful purposes.
Unless otherwise stated, the Company will provide Customer with notice in
conformance with the Commission s Rules and Regulations prior to any
disconnection of service.
5. 7 The suspension or discontinuance of service(s) by the Company pursuant to this
Section does not relieve the Customer of any obligation to pay the Company for
charges due and owing for service(s) furnished during the time of, or up to
suspension or discontinuance.
5. 8 Upon the Company s discontinuance of service to the Customer under Section
5.4.1 or 2.5.4.2 all applicable charges, including termination charges, shall
become due. This is in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff.
6 Allowances for Interruption of Service
When the use of service or facilities furnished by the Company is interrupted due to any cause
other than the negligence or willful act of the Customer, or the operation or failure of the
facilities or equipment provided by the Customer, a pro rata adjustment of the monthly charges
subject to interruption will be allowed for the service and facilities rendered useless and
inoperative by reason of the interruption whenever said interruption continues for a period of 24
hours or more from the time the interruption is reported to or known to exist by the Company
except as otherwise specified in the Company s tariffs.
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 22
Credit allowances
1.1 Credit for failure of service or equipment will be allowed only when failure is
caused by or occurs in facilities or equipment owned, provided and billed for, by
the Company or ILEC.
1.2 Credit allowances for failure of service or equipment starts when Customer
notifies Company of the failure or when Company becomes aware of the failure
and ceases when the operation has been restored and an attempt has been made to
notify Customer.
1.3 For calculating credit allowances, every month is considered to have 30 days. A
credit allowance is applied on a pro rata basis against the monthly charges
specified hereunder and is dependent upon the length of the interruption. Only
those facilities on the interrupted portion ofthe circuit will receive a credit. Credit
allowances for service outages that exceed 24 hours in duration will be rounded
up to the next whole 24 hours.
Limitations on Allowances
No credit will be made for:
1 Interruptions due to the negligence of, or noncompliance with the provisions of
this tariff by, the Customer:
2 Interruptions due to the negligence of any person using the Company s or the
ILEC's facilities with the Customer s permission.
3 Interruptions due to the failure or malfunction of non-Company equipment
2.4 Interruptions of service during any period in which the Company or ILEC are not
given full and free access to its facilities and equipment for the purpose of
investigating and correcting interruptions;
5 interruptions of service during a period in which the Customer continues to use
the service on an impaired basis
6 Interruption of service during any period when the customer has released service
to the Company or ILEC for maintenance purposes or for implementation of a
Customer order for a change in service arrangements;
7 Interruption of service due to circumstances or causes beyond the control of the
Company.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 23
Allowances for Uncomvleted Calls
Company shall give credit to customers for uncompleted toll calls for which the company has
billed customer.
Cancellation of Service
Cancellation of Application for Service
1.1 Applications for service are not cancelable unless the Company otherwise agrees.
Where the Company permits Customer to cancel an application for service prior
to the start of service or prior to any special constructions, no charges will be
imposed except for those specified below.
1.2 Where, prior to cancellation by the Customer, the Company incurs any expenses
in installing the service or in preparing to install the service that it otherwise
would not have incurred, a charge equal to the costs the Company incurred, less
net salvage, shall apply, but in no case shall this charge exceed the sum ofthe
charge for the minimum period of service ordered, including installation charges
and all other charges levied against the Company that would have been
chargeable to the Customer had service begun.
Cancellation of Service by the Customer
1 If a customer cancels a service order or terminates services before the completion
of the term for any reason whatsoever other than a service interruption (as defined
in 2/6 above), customer agrees to pay to Company the following sums which shall
become due and owing as ofthe effective date of the cancellation or termination
and be payable within the period set forth in 2.5.2 all costs, fees and expenses
incurred in connection with:
A. All non-recurring charges reasonably expended by Company to establish
service to Customer, plus;
B. Any disconnection, early cancellation or termination charges reasonable
incurred and paid to third parties by Company on behalf of Customer, plus;
C. All recurring charges for the applicable notice period.
Transfer and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the services and facilities provided by the Company without the written consent of the other
party, except that the Company may assign its rights and duties (a) to any subsidiary, parent
company or affiliate of the Company; (b) pursuant to any sale or transfer or substantially all the
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 24
assets of the Company; or (c) pursuant to any financing, merger or reorganization of the
Company.
Notices and Communications
10.1 The Customer shall designate an address to which the Company shall mail or deliver all
notices and other communications, except that Customer may also designate a separate
address to which the Company s reminder notices or bills for service shall be mailed.
10.2 The Company shall designate an address to which the Company shall mail or deliver all
notices and other communications, except that Company may designate a separate
address to which the Customer shall mail payment on that bill.
10.3 All notices or other communications required to be given pursuant to this tariff will be in
writing. Notices and other communications of either party, and all bills mailed by the
Company, shall be presumed to have been delivered
10.4 The Company or the Customer shall advise the other party of any changes to the address
designated for notices or other communications, by following the procedures for giving
notice set forth herein.
Section 3.0 - SERVICE AREAS
Exchange Service Areas
Local Exchange Services are provided, subject to availability of facilities and equipment, in
areas currently served by the following ILEC: 1) Qwest, 2) Verizon.
SECTION 4 - SERVICE DESCRIPTION AND RATES
Local Excham~:e Televhone Service
The Company s Local Telephone Service provides a Customer with the ability to connect to the
ILEC's switching network which enables the Customer to:
Place or receive calls to any calling Station in the local calling area, as defined
herein;
Access basic and enhanced 911 Emergency Service (if available through the
ILEC);
Place or receive calls to toll free 8XX numbers, where available
The Company s service cannot be used to originate calls to other telephone companies ' caller-
paid Information services (e.
g. "
900" and "976" calls).
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 25
Local Exchange Televhone Service (Cont'
1.1 Basic Local Service
Basic Local Service is a service that is available for access by subscribers on a
full basis. Basic Local Service provides the Customer with a single, voice-grade
communications channel and access to unlimited local calls
, "
911" and/or "E 911"
calls if available in the customer s area, as well as toll free (e.
g. "
800" or "888"
calls.
Basic Local Service does not include any long distance service or other toll
services. The following types of calls and services will be blocked by the
Company through the ILEC'S switch: interLATA intraLATA , interstate, and
international (e.
g. "
1 +- of "0+") Collect calls; operator-assisted calls; directory
assistance, third number billed calls; or Any service that may be billed to
Customer s telephone number (e.
g. "
900" and "976' Calls).
1.2 Service Area
Where facilities are available, the Company s service area incorporates the
geographic regions and exchanges currently served by Qwest and Verizon.
1.3 Local Calling Area
Exchanges and zones included in the local calling area for the Customer
exchange or zone may be found in the telephone directory published by the ILEC
in the Customer s exchange area.
1.4 Ovtional Services
1.4.Call Waiting
Allows the Customer to be notified of an incoming call while the
Customer is having a conversation with another party.
1.4.Non-Published Number
Allows the Customer to keep his local phone number out of the phone
book.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 26
Local Exchange Telephone Service (Cont'
1.4 Optional Services (Cont'
1.4.Caller ID
Caller ID is an optional feature that allows the subscriber to see the
telephone number of an incoming call displayed on the customer provided
display unit. The telephone number of an incoming call will display
between the first and second rings. Caller ID service works only on calls
that originate and terminate in central offices that are equipped and have
SS7 connectivity. Caller ID is available to customers by monthly
subscription only that provides unlimited use of this service. The Caller ID
box is not included in the rate for the monthly service fee.
The telephone numbers that will be displayed on a Caller ID subscriber
display unit include listed, non-published telephone numbers.
Telephone number that will not be displayed to the Caller ID subscriber
are: (1) calls from customers, who use Per-Call blocking or Per-Line
Blocking; (2) calls from customers located in central offices not a part of
the SS7 Signaling System; and (3) calls placed through an operator. When
a Caller ID subscriber receives these types of calls, their display unit will
notify them that the calling telephone number is unavailable.
Basic Local Service Rates and Char2es
A Basic Local Service Customer will be charged applicable Non-Recurring Charges and monthly
Recurring Charges as specified below.
Recurrin Char
Monthly Service Charge $49.
Ovtional Features
Monthl
Caller ID $5.
Call Waiting $5.
Unpublished Number $4.
Char2e Per Use Features
One-time Activation Fee
$12.
$12.
$12.
The Company makes every effort to block charge per use features. However, sometimes
the customer makes charge per use features notwithstanding the Company s efforts. If the
customer uses a charge per use feature the customer will be charged as follows:
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 27
2 Local Exchange Telephone Service (Cont'
3 Charge Per Use Features (Cont'
Directory Assistance (DA) $1.50 per use with no cap.
National Directory Assistance (NDA) $1.00 per use with no cap.
Last Call Return (LCR) $1.00 per use with a cap at eight per month.
Continuous Redial (CR) $1.00 per use with no cap.
I Called Messaging (I call) $1.00 per use with no cap.
Way Calling (3-Way) $1.00 per use with no cap.
Long Distance is blocked and the customer agrees not to charge any long
distance calls to the telephone. If a long distance call is made or if a collect
call is accepted the end user will be responsible for those charges as well
as the applicable tax. This includes call from Correctional Facilities.
Call trace $2.00 per call.
Other Fees and Chare:es
Directory Listine:s
A. Late Payment Fee-Customers prepay for their telephone service. The customer
will be assigned a due date that is based on their actual activation date. The
customer s payment must arrive on or before the due date. Late payments will
result in a $5.00 late fee.
B. Move Fee-Customers requesting to move their telephone service to a new
service address will be charged a $15.00 move fee.
C. Change Fee-Customers wishing to make changes to their telephone number or
listing will be charged a $10.00 change fee.
The Company shall provide for a single directory listing, termed the primary in the telephone
directory published by the dominant exchange service provider in the Customer s exchange area
of the Station number that is designated as the Customer s main billing number.
The Company reserves the right to limit the length of any listing in the directory by the
use of abbreviations when, in its judgment, the clearness of the Listing or the
Issued By:
Issue Date: March 8, 2004
Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 28
Directory Listings (Cont'
identification of the Customer is not impaired thereby. Where more than one line is
required to properly list the Customer, no additional charge is made.
The Company may refuse a listing which is known not to constitute a legally authorized
or adopted name, a listing which contains obscenities in the name, or any listing which, in
the opinion of the Company, is likely to mislead or deceive calling persons as to the
identity of the listed party, or is a contrived name used for advertising purposes or to
secure a preferential position in the directory, or is more elaborate than is reasonably
necessary to identify the listed party. The Company, upon notification to the Customer
will withdraw any listing that is found to be in violation of its rules with respect thereto.
In order for listings to appear in an upcoming directory, the Customer must furnish the
listing to the company in time to meet the directory publishing schedule.
3.4 Directory listings are provided in connection with each Customer s service as specified
herein.
Non-Recurring Charges
Non-Recurring Charges associated with Directory Listings are as follows:
Non-recurring
Primary Listing (one number)None
Recurring Charges
Monthly Recurring Charges associated with Directory Listings are as follows:
Monthly
Primary Listing (one number)None
4.4 Emergency Services (Enhanced 911
Allows Customers to reach appropriate emergency services including police, fire, and medical
services. Enhanced 911 has the ability to selectively route an emergency call to the primary E911
provider so that it reaches the correct emergency service located closest to the caller. In addition
the Customer s address and telephone information will be provided to the primary E911 provider
for display at the Public Service Answer Point (PSAP).
Promotional Offerings
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
BG Enterprises, Inc dba Grizzly Telephone
Local Exchange Services
Idaho Public Utilities Commission
Original Page 29
Referral Credit
The Company will give a $5 credit on the monthly service bill of any customer who
refers a new customer that establishes and pays for telephone service with the Company.
The customer who refers a new customer or the customer who is referred must ask for the
referral prior to telephone service being instituted.
The Company, from time to time, may make other promotional offerings of its services that may
include waiving or reducing the applicable charges for the promoted service. The promotional
offerings may be limited as to the duration, the date and times of the offerings that are made.
Promotional offerings are subject to the approval of the Commission.
Issued By:Linda Gordon, President
2347 South Ave W.
Missoula, MT 59801 Effective Date: March 10,2004Issue Date: March 8, 2004
02/03/04
BG Enterprises Inc
Profit & Loss--Accrual
January 2003 through February 4, 2004
Jan 1
, '
03 - Feb 4
Ordinary Income/Expense
Income
Credit card fee income
Reserves Income From CC
Sales
Sales-Washington
Services
Uncategorized Income
Total Income
Expense
Advertising
Amortization Expense
Bank Service Charges
Charge Backs
Cleaning
Collections
Contracts
Discount Digital Credit Card
Donations
Equipment Rental
Fees
Insurance
Leased Equipment
Licenses and Permits
Miscellaneous
Office Supplies
OR OUS Fund
Other Tax, Montana State Fund
Out of Town Expenses
Payroll
PFG INC Credit Card
Postage and Delivery
Printing and Reproduction
Professional Fees
Refunds
Rent
Repairs
Supplies
Taxes
Telephone
Travel & Ent
Uncategorized Expenses
Utilities
Vehicle Expenses
Total Expense
527.
913,
210 310,
64,423,
552,
960.
282 686,
644.
52,
315,
49,
660.
385.
265.
313,
960,
287.
679.
199,
546.
039.
661.
678,
243,
191,
225 000.48
241.
634,
4,403,
674.
662.
48,529.
876.
391.
916.
548 522.
122.
266.
309.
142 727.
Net Ordinary Income
Other Income/Expense
Other Expense
Other Expenses
Total Other Expense
139 959,
149,
149,
Net Other Income 149.
Net Income 139,809.
Page 1
02/03/04
BG Enterprises Inc
Profit & Loss--cash
January 2002 through February 4, 2004
Jan 1
, '
02 - Feb 4, 04
Ordinary Income/Expense
Income
Credit card fee income
Loan- old
Rent To Own Sales
Reserves Income From CC
Sales
Sales-Washington
Services
Uncategorized Income
Total Income
Expense
Advertising
Amortization Expense
Bank Service Charges
Charge Backs
Cleaning
Collections
Contracts
Discount Digital Credit Card
Donations
Equipment Rental
Fees
Insurance
Lease Address
Leased Equipment
Licenses and Permits
Miscellaneous
Office Supplies
OR OUS Fund
Oregon Excise Tax
Other Tax, Montana State Fund
Out of Town Expenses
Payroll
PFG INC Credit Card
Postage and Delivery
Printing and Reproduction
Professional Fees
Refunds
Rent
Repairs
Supplies
Taxes
Telephone
Travel & Ent
Uncategorized Expenses
Utilities
Vehicle Expenses
Total Expense
651.
993.
672.
181 345,
192,
512,
960,
262 328,
268.
52.
847.
49,
960,
251.
265,
673.
635,
085.
041,
599.40
728.
234.
23,720,
059.40
678.21
032.
243.
191.
385,484.
143 178,
326.
660.40
683.41
690.
388,
293.
882.
644,
044 592,
060.
266,
560.
112 332,
Net Ordinary Income
Other Income/Expense
Other Expense
Other Expenses
Total Other Expense
149 995,
149.
149.
Net Other Income 149.
Net Income 149 845.
Page 1
02/03/04
BG Enterprises Inc
Balance Sheet-Accrual
As of February 4, 2004
ASSETS
Current Assets
Checking/Savings
BG Enterprises-Community
Eagle RTO-Community Bank
Grizzly Telephone-Community
Total Checking/Savings
Accounts Receivable
. Accounts Receivable
Total Accounts Receivable
Other Current Assets
Undeposited Funds
Total' Other Current Assets
Total Current Assets
Fixed Assets
Fixed Assets
Total Fixed Assets
Other Assets
New Equipment
Total Other Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Other Current Liabilities
Ben s loan
Payroll Liabilities
Total Other Current Liabilities
Total Current Liabilities
Total Liabilities
Equity
Dividend
Money Mark~t
Opening Bal Equity
Retained Earnings
Transfer Funds
Credit CardlTransfer frm BG
Transfer Funds - Other
Total Transfer Funds
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
Feb 4,
235.
800.
11,412,
23,447.
032.
032,
333,
333,
119 813.41
000,
000,
681.
681,
127 494.
500.
148.
351.
351.
351,
175 154.
000.
964.
332 104.
733.
16,011.
722.
654.
127 845.
127 494.
Page 1
tate of Idah
CERTIFICATE OF EXISTENCE
BG ENTERPRISES, INC.
File Number C 132240
, 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 record of this office show that the above-named
corporation was incorporated under the laws of MONTANA and filed for authorization to
transact business in Idaho on 24 January 2000.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of
this office.
Dated: 3 February 2004
SECRETARY OF STATE
By (!~k
IDSOS Document Page 1 of
Ii""
" -
227
CERTIFICATE OF ASSUMED BUSINESS NAME
(Please type or print legibly. See Instructions on reverse.
To the SECRETARY OF STATE, STATE OF IDAHO
Pursuant to5ection 53-504, Idaho Code, the undersigned !.Q
gives notice of adoption of an Assumed Business Name. ff/ :; 1. Theassumed business name which the undersigned use(s) in the trap~cti4i! of
,..
business Is: -,-
....,
C/y'r !;i6:nho/J"-
~:
Cb~ ~
2, The true name(s) and business addreS$(es) of the entity or inpividuaf(s) di1ng
business under the assumed business name Islara:
:28 c5,tt'r.o,./IDa. 3f/1 Ar::.~t
yj:~
dt 7fLattJ/
r: :; to ;;$:2..
3. The general type of business transacted under the assumed business name is:
(malk only ttIouthat JIPPly)
RetaY Trade Manufacturing Transportation and Public Utilities
\Nho1esa1e Trade Agriculture Finance, Insurance. and Real Estate
I2?J Services Construction Mining
4. The name and address to which future Phone number (optional):. 7'2/ ~Zo
correspondence should be addressed:
f','Jter,c;lo !5~s Jut!.
ea. go?!.
l)ft5!xJu.l4--;K 70&
5. Name and address for this acknowledgment
copy is (if other than .. 411bove):
Submit Certificate of
Assumed Business
Name and $20.00 fee to:
secretary of State
700 West Jefferson
Ba$ement West
PO Bo)( 83720
Boise ID 83720-0080
208334.2301
Signature~11 if
Printed Name: ...da c'or'd.c
Capacity:
~iftY
89/17/1999 89:89
CK: 1512 CT: 121G47 Jlh 258781l' 28.18 = 21.11 ASSIIt I11III: .
(see instnJ(:tiOn #8 on b8tk of form)
\)~qJ~~
http://www.accessidaho.org/public/sos/ corp/search.htm1 ?ScriptF orm.startstep=docview&S... 3/15/2004
IDSOS Document Page 1 of ~. --.-
State of Idaho
'--------------
Office of the Secretary of State
L__,._
- '" " , "--_
-.J
CERTIFICATE OF AurHORITY
BG ENTERPRISES, INC.
File number C 132240
, PETE T. CEN'ARRUSA, Secretary of State of the State of Idaho. hereby certify
that an Application for Certificate of Authority to transact business in this State. duly
executed pursuant to the provisions of the Idaho Business Corporation Ad, have
received in this office and are found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law. 1 issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate-
of !:he Application for such Certificate.
Dated: January 24, 2000
" .;!"
f.&:. ri'
SECRETARY OF STATE
http://www.accessidaho.org/public/sos/ corp/search.htm1 ?ScriptF arm. startstep=docview&S... 3/15/2004
.cRE~.ARy OF STATe
STATE OF MONTANA
MIKE COONEY
Business Seryices Bureau
Rose Ann Crawford, Deputy
Montana State Capitol
PO Box 20280~
Helena, MT 59620-2801
[phone]
January 3, 1997
TERRY G SEHESTEDT
LA W OFFICE
PO BOX 8281
MISSOULA MT 59807
Dear Mr. Sehestedt:
Attached please find a copy- of the documents you recently flIed with this office. The
document number and flIing date haye been recorded on the copy I'ye attached. These
documents serve as your certificate of filing and should be maintained in your files for future
reference.
Thank you for giying this office the opportunity to serve you. If you have any questions in
this regard, or need additional assistance , please do not hesitate to contact the Business
Services Bureau professionals at [phone].
Sincerely,
Mike Cooney
Secretary of State
, Enclosure
You can correspond with our office via facsimile. Our fax number is (406) 444~3976. You can now fax in
your search, copy, and certificate requests.
1t~~O, 'l'tOOn
, .01
ARTICLES OF INCORPORATION
BG ENTERPRISES, INC.
-5~fATE Of MONYANA
F I l E DdJl
DEC 271996 d $1()-
SECRETARY OF STATE
The undersigned incorporators , for the purpose of forming a
corporation under the Montana Business Corporation Act and the
Montana Close corporation Act do hereby adopt the following
articles of incorporation:
ARTICLE ONE
NAME:The name of the corporation is BG Enterprises , Inc.
ARTICLE TWO
DURATION:The duration of the corporation is perpetual.
ARTICLE THREE
PURPOSE:The purposes for which the corporation is organized are:
Sales and rental of consumer electronics household goods
and furnishings and other merchandise , and2. To transact any and all lawful business ~g~C'"" ~ch
:::;':'i Ip;
corporations may be incorporated under the laws of the:,Stat~",of
" '
fOf ,
Montana.
ARTICLE FOUR
. '
+c"
:,-(/; .
SHARES:The corporation is authorized to issue only onef:,clas E; of!
, ,"" ,
stock.The total number of shares authorized to be issued is Five
Thousand (5 000) without par value.Shares may be issued by the
corporation from time to time upon resolution of existing share-
holders (acting in lieu of a board of directors as hereinafter
provided) .The number of shareholders shall not exceed the lesser
of twentyfive (25) or the number allowed by the Internal Revenue
code under any election by the shareholders to be treated as
small business corporation ("Subchapter 5" corporation) as provided
by the Internal Revenue code in effect at such time.The shares of
, "
the corporation shall be nonassessable.
- I ARTICLE FIVE
STATUTORY CLOSE CORPORATION:The corporation is a statutory close
corporation as provided by Sect~on 35-9-101 , et. seq. M.
ARTICLE SIX
SHARE TRANSFER RESTRICTIONS:The corporation's share certif icates
shall contain the statement required by section 35-9-201 , M.
(1995).No interest in shares may be transferred voluntarily or
involuntarily, to any person or entity other than the corporation,
unless the transfer is pursuant to the written agreement of all
shareholders or pursuant to the procedures set forth in section 35-
9-203 , M.A. (1995).These share transfer restrictions extend to
the heirs and relatives of shareholders and to trustees , receivers
or other similar officers appointed as the result of the share-
holder's bankruptcy, insolvency or other similar proceedings.
The provisions of sections 35-9-205 through 35-9-208 , M.
(199~), concerning compulsory purchase of a deceased shareholder'
shares by the corporation apply to the corpor at ion and the
corporation may fund such compulsory purchase obligations
purchasing insurance on the life of each shareholder.
ARTICLE SEVEN
ABSENCE OF DIRECTORS:The corporation or its shareholders may
elect to operate without a board of directors.In the event such
election made all corporate powers and affairs sha 11
exercised and managed under the direction of the shareholders.The
shareholders may by resolution appoint one or more of their number
to execute documents on behalf of the corporation.
ARTICLE EIGHT
REGISTERED OFFICE AND AGENT:The address the corporation'
.. .. ..
initial registered of.fice is 2347 South Avenue , Missoula , MT 59801.
. I
The name of the initial registered agent at such registered office
is Kenneth Wayne Brown.
ARTICt,.E NINE
INCORPORATOR:The name and address the incorpora tors are
Patrick Gordon 2347 South Avenue Missoula MT 59801 and
Kenneth Wayne Brown , 2347 South Avenue , Missoula , MT 59801.The
incorporators shall have authority to make the corporation'
initial offering of shares to themselves.Upon issuance of one or
more shares of the corporation's stock by the incorporators to each
of the incorporators , the incorporators' authority as incorporators
shall cease and all corporate actions , including issuance of shares
of stock , shall be exercised by shareholders as above set forth.
IN WITNESS WHEREOF these Articles of Incorporation have been
executed in duplicate on the 2lfJ--day of .::u~c.?--1.uiu~.
...
199 t:;~T~
Patrick F. Gordon
SUBSCRIBED AND
( l).eL-e,...I...~ , \l.P.~
SWORN TO before me
, 199--k-.
this L It -I-\.--day of
---
SUBSCRIBED AND
/ijCl?( .I.L-t!i,
~.-
SWORN TO before me
, 199
(;;
~ 67,5:/&aL:te;;;t:'
Nota y P blic for the State of MT
Residing at Missoula , MT
My commission expires: 'i -2J,;:- --ZLH:JP,)
this 2Lt~day