20160513Application .pdf

ISG-Telecom Consultants
4274 Enfield Ct., Suite 1600
Palm Harbor, Florida 34685
727-738-5553
May 10, 2016
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472West Washington
Boise, ID 83702
-RECEIVED
2016 MAY I i PM2�0
D/:.HO ?UBLl0 .
: J ILITIL: .. : COMMISSION
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Re: Chickadee wireless, Inc. Certificate of Public Necessity and Convenience to Provide Resale and
Facilities Based Local Exchange Service
To whom it may concern:
Attached please find an original and seven (7) copies of the petition for a Certificate of Public Necessity and
Convenience to Provide Resale and Facilities Based Local Exchange Service along with copies of the petition.
Please contact Joseph Isaacs@ ISG-Telecom Consultants if you have any questions.
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BEFORE THE PUBLIC UTILITIES COMMISSION OF IDAHO
IN THE MA TIER OF THE APPLICATION OF
CHICKADEE WIRELESS, INC. FOR A CERTIFICATE OF
,PUBLIC CONVENIENCE AND NECESSITY TO
PROVIDE FACILITIES BASED AND RESOLD
LOCAL EXCHANGE TELECOMMUNTA TIO NS
SERVICES IN THE STATE OF IDAHO
1. PROPOSED SERVICE
Chickadee Wireless, Inc. intends to become a resale and facilities based CLEC with no other
current operations in any other jurisdictions. Chickadee Wireless intends to offer Local Exchange
Services throughout its service area.
2. FORM OF BUSINESS
Chickadee Wireless, Inc. is an Idaho for profit Corporation located at 913 Main Avenue, St.
Maries, Idaho 83861. Chickadee wireless is current a Wireless ISP and not a wireless cell phone
company. A list of the owners and managers is listed as Exhibit A. Chickadee Wireless has its Articles of
Incorporation to operate in Idaho which is attached as Exhibit B.
The registered agent for Chickadee Wireless is the following:
Robert C. Sharrett
913 Main Ave.
St. Maries, Idaho 83861
3. TELECOMMUNICATIONS SERVICE
Chickadee Wireless will begin operations once it has been approved by the Public Utilities
Commission. Since Chickadee Wireless intends to be facilities based, there will be some lag time between
the certification date and when Chickadee Wireless can first provision services.
E. SERVICE TERRITORY
E. Chickadee Wireless requests that its service territory be the same as the service territory
of Frontier Communications in the non-rural rate centers.
b. Chickadee Wireless will use a combination of its own facilities and the facilities of other
carriers to provision its telecommunications services.
c. Chickadee Wireless does not currently own any equipment within the state of Idaho and
will make the decision on equipment depending on the concentration of customers within
the service area.
E. FINANCIAL INFORMATION
Chickadee Wireless provides as Exhibit C its detailed income statement and balance sheet for the
previous 12 months.
E. 1�INANCIAL INFORMATION
Chickadee Wireless provides as Exhibit C its detailed income statement and-bclance sheet for the previous 12 months.
6. TA RIFF FILING
Chickadee Wireless provides as Exhibit D a copy of its tariff.
7. INTERCONNECTION AGREEMENTS
Chickadee wireless has not yet begun the process of obtaining and interconnection agreement with Frontier Communications and will do so upon approval of the Public Utilities Commission.
8. CUSTOMERCONTACTS
All customer service inquiries should be sent to the following: Customer Service 9 1 3 Main Ave. St. Maries, Idaho 83861 208-686-6329
The contact for Commission Staff is the following: Joseph Isaacs % ISG-Telecom Consultants, LLC 4274 Enfield Ct. Suite 1600 Phone: [phone] E-mail: [e-mail]
9. COMPLIANCE WITH COMMISSION RULES
Chickadee Wireless has reviewed all of the Commission rules and agrees to comply with them and is not requesting a waiver from any of the rules at this time.
10. ESCROW ACCOUNT OR SECURITY DEPOSIT
Chickadee Wireless does intend to provide retail telecommunications to the public and will set up an Escrow Account or Security Bond if required by the Commission as a condition of the approval of this petition. Chickadee Wireless does in some cases require its customers to have a deposit on file, but that decision is made on a case by case basis off the credit worthiness of the customer, but requiring a deposit is not a general practice that Chickadee Wireless will engage in.
1 1 . CONCLUSION
Chickadee Wireless possess the technical and managerial ability and the necessary financrsl resources to provide competitive local exchange telecommunications services that will serve the public interest,-"" convenience and necessity by providing other carriers the ability to provide telecommunications services throughout the State of Idaho giving customers more choice in their telecommunications service provider.
WHEREFORE, Chickadee Wireless, Inc. respectfully requests that the Commission issue an order approving this Application issuing a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services to provide Services in the Proposed Service Area Dated this 9th day of May, 2016
Respectfully Submitted,
Isl Joseph Isaacs Joseph Isaacs% ISG-Telecom Consultants
4274 Enfield Ct., Suite 1600 Palm Harbor, Florida 34685 Phone: [phone] E-mail: isaacs(@,isg-telecorn.com
EXHIBIT A
OWNERSHIP INFORMATION AND MANAGERS
OWNERSHIP LIST and Officer Titles
Robert Sharrett - President/ I 00% Owner
Joseph Hydzik - CTO
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EXHIBIT B
ARTICLES OF INCORPORATION
•
ART;ICLES OF INCORPORATION
OF
CHICKADEE WIRELESS, INC.
· - -�
FILED iEFF.Ec1'�Vl:::---..
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10 JUL 19 AH 8: 30
SEffi()} �AJE
KNOW ALL MENBY1HESEPRESENTS, that the undersigned.acting as incorporator of a corporation under the Idaho Business Corporation Act (Act), adopts the following Articles of Incorporation for such corporation:
1. �. The name of the corporation is Chickadee Wireless, Inc.
2. Duration, The corporation shall exist in perpetuity.
3. Registered office and a�ent. The registered office of the corporation is P.O. Box 428, Plummer, Idaho 83851, and the registered agent at that address is Robert C. Sharrett. 349 Rocky Point Loop, PlU111111er ID 83851
4. lncorporators. The name of the incorporator is Robert C. Sharrett.
The incorporator's address is 349 Rocky Point Loop Road, Plummer, Idaho 83851.
5. Pwpose. The purpose for which this corporation is org� ; s
to provide interenet services, and to conduct transactions of any other lawful business for which corporations may be incorporated under the Act.
6. Directors, AJI corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in a shareholder agreement authorized under Section 30-1- 732, Idaho Code. The number of directors constituting the initial board of directors shall be two (2), and the names and addresses of the persons to serve as director until the first annual meeting of shareholders or until their successors are elected and qualified are:
Address
Robert C. Sharrett
Robert Frawley
ARTICLES OF INCORPORATION
349 Rocky Point Loop Road Plummer, Idaho 83851
409 S. 3n1 Street
St Maries, Idaho 8386\DAIIO SECRETARY If STATE 07/19/2810 85188 a. 11216 CT: 11&41'\ Ill: 12311166 i I 111.11 "' 1111.11 alliSI I
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7. Authomed share�. The aggregate number of shares the corporation is authorized to issue shall be One Hundred Thousand (100,000) shares of non-assessable common stock.
8. Cumulative Voting. All shareholders are entitled to cumulate their votes for directors, that is, they are entitled to multiply the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and cast the product for a single candidate or distribute the product among two (2) or more candidates.
9. Preemptive Rights. The corporation elects jo have preemptive rights.
10. Indemnification/Liability, To the fullest extent permitted by law, and the Act, this corporation shall have the power to indemnify any person and to advance expenses incurred or to be incurred by such person in defending a civil, criminal, administrative or investigative action, suit or proceeding threatened or commenced by reason of the fact said person is or was a director, officer, employee
or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise. Any such indemnification or advancement of expenses shall not be deemed exclusive of any other rights to which such person may
be entitled under any bylaw, agreement, vote of shareholders or disinterested directors or otherwise, both as to action in such person's official capacity and as to action in another capacity while holding such office. Any indemnification or advancement of expenses so granted or paid by the corporation shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs and personal representative of such a person.
No director or officer shall be liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty except liability for:
(i) The amount of a financial benefit received by a director or officer ·"' which he or she is not entitled;
(ii) An intentional infliction of harm on the corporation or . the stockholders;
(iii) An intentional violation of criminal law; or
ARTICLES OF INCORPORATION 2
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(iv) A director shall also be liable for a violation of Section :,o=--i- �33,
Idaho Code.
In witness whereof, I have subscribed these Articles oflncorporation this
l�-r..i day of July, 2010.
ARTICLES OF INCORPORATION 3
EXHIBIT C
PROFIT AND LOSS/BALANCE SHEETS
1:40PM
05105116
Accrual f 1sls
Chickadee Wireless Inc.
Profit & Loss
January through December 2015
Ordinary Income/Expense Income 3210-00 · ISP Service Fees 3220-00 • Dish 3225-00 · Hughes Net 3230-00 · Installation & Repairs 3240-00 · Equipment Sales 3241-00 · Shipping & Handling 3500-00 · Other Miscellaneous Income
Total Income
Cost of Goods Sold 4000-00 • Equipment Cost 4001-00 · Parts 4002·00 • 1/8 Freight (Inventory/Resale) 4051-00 • Use Tax Expense 4150-00 · Contract Labor 4200-00 · Direct Labor Costs 4200·01 · Direct Wages 4215-00 · Direct Vacation & Holiday 4220-00 · Direct Employee Benefits 4230-00 · Dintet Workers Compensation
Total 4200-00 · Direct Labor Costs
4500-00 · Mileage reimbursement 4680-00 • Bad Debt Expense 4710-00 · Unlfonns
Total COGS
Gross Profit
Expense 5120-00 · Manager Salaries 5200-00 · Rent 0t Lease 5200-01 · Office Rent 5200-02 · Sile Rental Expense 5200-03 · Equipment Rental 5200-04 · Internet feed
Total 5200-00 · Rent or Lease
5210-00 · Utilities 5250-00 · Telephone 5270-00 · Equipment Expense 5270-01 · Access Point Equipment Expense 5270-02 • Network Equipment ExpenS<t
Total 5270-00 • Equipment ExpenS<t
5280-00 • Repair & Maintenance 5300-00 · Office Expenses 5301-00 · Postage & Shipping 5302-00 · Stationery & Printing 5304-00 · Bank Charges 5305-00 · Credit Card Processing Fees 5310-00 • Tools & Supplies 5315-00 · Vehicle Expenses 5315-01 • Repairs & Maintenance 5315-02 · Registration 5315·00 · Vehicle Expenses· Other
Total 5315-00 · Vehicle Expenses
5320-00 · Fuel 5320-01 · Generator Fuel 5320-02 • Artie Cat Prowler Fuel
Jan· Dec 15
133,360.07 104.280 14 18.148.28 38,359.13 41,572.59 84.19 643.48
336,447.88
78,296.58 8,640.97 3,806.16 -0.28 958.75
75,174.97 3,439.91 5.109.32 123.85
83,848.05
4,658.03 2,928.00 144.50
183,280.76
153,167.12
39,742.95
6,300.00 12,930.00 263.64 39,600.00
59.093.64
3,443.13
4,820.97
1,367.51 1,327.93
2,695.44
11,911.22 6.651.74 810.14 52.95 286.76
5,323.36 86.25
7,646.92 220.20 42.56
7,909.66
2,987.23
26.54
Page 1
1:40 PM
05/05/16
Accrual Basis
Chickadee Wireless Inc.
Profit & Loss
January through December 2015
5320--03 · Ford Explorer fuel
Total 5320--00 • Fuel
5350-00 • Advertising & Promotion 5350--01 • $100 Bill Promotion 5350--00 • Advertising & Promotion • Other
Total 5350-00 · Advertising & Promotion
6400--00 • Insurance 5400--02 · Property 5400-03 • Liability 5400-00 • Insurance • Other
Total 5400-00 • Insurance
5430-00 · Manager Medical Insurance 5500-00 · Payroll Tax Expenses 5500-01 · Federal Payroll Taxes 5500-02 • FUTA 5500--03 · SUTA 5500--04 · Workers Compensation 5500-00 • Payroll Tax Expenses • other
Total 5500-00 • Payroll Tax Expenses
5550-00 · Taxes & Licenses 5550--05 · Corporate Taxes 5550--00 • Taxes & Licenses • Other
Total 5550--00 • T axee & Licenses
5600-00 · Professional Fees 5600-01 · Accountant 5600-03 · Attorney 5600-05 • IT Consultant. training, etc ..
Total 5600--00 • Professional Fees
5640-00 · Depreciation Expense 5641-00 · Amortization Expense 5650-00 · Interest Expense 5710-00 · Officer Meals 5800-00 · Charitable Contributions
Total Expense
Net Ordinary Income
Other Income/Expense Other Income 6301-00 · Finance Charge Income
Total Other Income
Other Expense 9999-00 · Suspense
Total Other Expense
Net Other Income
Net Income
Jan· Dec 15
3,923.12
6,936.89
4,600.00 3.317.46
7,917.46
2,325.02 2,091.70 1,016.00
5,432.72
0.00
8,997.09 260.42 1,775.88 4,161.00 68.71
15,263.10
20.00 272.30
292.30
9,427.27 1,000.00 11,347.43
21.774.70
36,217.00 1,944.00 45,208.24 34.42 125.00
283,974.06
-130,806.94
17.98
17.98
0.00
0.00
17.W-
-130,788.96
Page 2
1:37 PM
05105116
Accrual Basis
Chickadee Wireless Inc.
Balance Sheet
As of December 31, 2015
ASSETS Current Assets Checking/Savings 1110..01 · Checking
1120·01 · AW Satellite Checking 1140-01 · Petty Cash
Total Checking/Savings
Accounts Receivable 1200-00 · Accounts Receivable
Total Accounts Receivable
Other Current Assets 1299--00 · Undeposlted Funds
1450..00 · Prepaid Expenses 1450--01 · Prepaid Insurance
1450..02 · Prepaid Leases 1450--03 · Security Deposits 1450-10 · FCC License (10 yr)
Total 1450..00 · Prepaid Expenses
1500--00 · Inventory
Total Other Current Assets
Total Current Assets
Fixed Assets 1600..00 · Equipment 1600..01 · Equipment 1600..02 · Furniture & Fixtures 1600..()3 · Leasehold Improvements 1600-10 · Artie Cat 1600-12 · Chickadee Vechlcles
Total 1600..00 · Equipment
1699--00 · Accumulated Depreciation
Total Fixed Assets
Other Assets 1700-00 · Goodwill 1799..00 · Accumulated Amortization
Total Other Assets
TOTAL ASSETS
LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 2000..()0 • Accounts Payable
Total Accounts Payable
Other Current Liabilities 2100..()0 · Sales Tax Payable 2110--00 · Accrued Payroll Costs 2150--00 · Payroll Liabilities 2150..01 · Federal Payroll Taxes Payable 2150..02 · Stale Withholding Payable
2150..03 · FUTA Payable 2150--04 • SUTA Payable
Total 2150..00 · Payroll Liabilities
Dec 31, 15
8,009 G< 2.25 252.49
8,264.38
-43.48
-43.48
176.30
9,276.91
4.370.00 875.00 2,450.70
16.972 61
15.752.93
32,901.84
41,122.74
174.215.00 8,171.27
18.904.00 16,463.00 25,666.73
243,420.00
-107,036.00
136,384.0Q._.
50,000.00 -1,944.00
48,056.00
225,562.74
1,832.79
1,832.79
831.13 5,150.21
2,181.46 360.00 260.42
443.89
3,245.77
Page 1
1:37 PM
05105/16
Accrual Basis
Chickadee Wireless Inc.
Balance Sheet
As of December 31, 2015
22()0.-00 · Loans From Shareholders 2200-01 · Bob Sharrett (Note #1) 2200-02 • Bob Sharrett (Note #2) 2200-03 · Bob Shamttt (Note #3) 2200-04 · Bob Sharrett (Note 11-4) 2200-05 · Bob Sharrett (Note #5) 2200-06 · Bob Sharrett (Note #6) 2200-07 · Bob Shamttt (Note #7) 2200-08 · Bob Sharrett (Note #8) 2200-09 · Bob Sharrett (Note #9) 2200-10 · Bob Sharrett (Note #tO)
2200-11 • Bob Sharrett (Note #11) 2200-12 · Bob Sharrett (Note #12) 2200-13 · Bob Sharrett (Note #13) 2200-14 · Bob Sharrett (Note #14) 2�00-15 · Bob Sharrett (Note #15) 2200-16 · Bob Sharrett (Note #16) 2200-17 · Bob Sharrett (Note #17) 2200-18 · Bob Sharrett (Note #18) 2200-19 · Bob Sharrett (Note #19) 2200-20 · Bob Sharrett (Note #20) 2200-21 · Bob Sharrett (Note #21) 2200·22 · Bob Sharrett (Note #22) 2200-23 · Bob Sharrett (Note #23) 2200-24 · Bob Sharrett (Note #24)
Total 2200-00 · Loans From Shareholders
2210-00 · Notes Payable 2210-05 · Koelbel Loan #1 2210-06 · Koelbel Loan #2
Total 2210-00 · Notes Payable
Total Other Current Liabilities
Total Current Llabilltles
Total Llabllltles
Equity 2810-00 · Capital Stock
28l!O-OO · Retained Earnings Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
Dec 31, 15
23,745.16 50,000.00 25,895.31 21,562.10 24,250.00 35,322.00 60,000.00 38,601.56 30.000.00 36,802.97 34,000.00 41.438.95 28,918.86 30,535.00 25,000.00 43,241.39 30,000.00 27,642.32 35,000.00 161,019.41 35,771.79 59,401.60 21.413.00 53,243.05
972,804.49
10,661.07 12,300.42
22,961.49
1,004,993.09
1,006,825.88
1,006,825.88
1,000.00 -651,474.18 -130, 788.96
-781,263.14
225,562.74
Page 2
EXHIBIT D
LOCAL EXCHANGE T ARRIF
Submitted via email to [e-mail]
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF
Toll-Free Number: 208-686-6329
CHICKADEE WIRELESS, INC.
C,,DW-T"' w-o I
Idaho Price List No. I
Original Page I
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CHICKADEE WIRELESS, INC.
Regulatory Contact: Robert Sharrett
This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange
telecommunications services provided by CHICKADEE WIRELESS, INC. with its principal offices at 913
Main Ave., St. Maries, Idaho 83861 for services furnished within the State of Idaho. This tariff is on file
with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours,
at the Company s principal place of business.
Issued: May 10, 2016 Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
CHECK SHEET
Idaho Price List No. I
Original Page 2
Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page.
Page Revision Page Revision Page Revision
Title Original 31 Original
I Original 32 Original
2 Original 33 Original
3 Original 34 Original
4 Original 35 Original
5 Original 36 Original
6 Original 37 Original
7 Original 38 Original
8 Original 39 Original
9 Original 40 Original
10 Original 41 Original
II Original 42 Original
12 Original 43 Original
13 Original 44 Original
14 Original 45 Original
15 Original 46 Original
16 Original 47 Original
17 Original
18 Original
19 Original
20 Original
21 Original
22 Original
23 Original
24 Original
25 Original
26 Original
27 Original
28 Original
29 Original
30 Original
* - indicates those pages included with this filing
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
TABLE OF CONTENTS
Idaho Price List No. 1
Original Page 3
Title Page .
Check Sheet 2
Table of Contents 3
Explanation of Symbols 4
Application of Tariff 5 Tariff Format 6
Section I - Definitions 7
Section 2- Regulations I I
Section 3 - Service Areas 3 9
Section 4- Service Charges and Surcharges .40
Section 5- Network Service Descriptions .41
Section 6- Local Exchange Services 44
Section 7- Special Arrangements 46
Issued: May JO, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 8386 I
Effective: May 10, 2016
CHICKADEE WIRELESS, INC. Idaho Price List No. I
Original Page 4
EXPLANA TlON 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:
(C)
(D)
(I)
(M)
(N)
(R)
(S)
(T)
Issued: May I 0, 20 I 6
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate or regulation.
Effective: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
APPLICATION OF TARIFF
Idaho Price List No. 1
Original Page 5
This tariff sets forth the service offerings, rates, terms and conditions applicable to the
furnishing of intrastate end-user local exchange communications services by CHICKADEE
WIRELESS, INC., hereinafter referred to as the Company, to customers within the State of Idaho. The Company's services are furnished subject to the availability of facilities and subject to
the terms and conditions set forth herein.
This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available
for review at the main office of CHICKADEE WIRELESS, INC. at 913 Main Ave., St. Maries, Idaho 83861
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
TARIFF
FORMAT
Idaho Price List No. 1
Original Page 6
A. Page Numbering - Page numbers appear in the upper right comer of the page. Pages
are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a
new page added between pages 14 and 15 would be 14.
8. Page Revision Numbers- Revision numbers also appear in the upper right comer of each
page.
These numbers are used to determine the most current page version on file with the
Commission. For example, the 4th Revised Page 14 cancels the 3rd Revised Page 14.
Because of various suspension periods, deferrals, etc., the most current page number on file
with the Commission is not always the tariff page in effect. Consult the Check Sheet for the
page currently in effect.
C. Paragraph Numbering Sequence- There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level:
2.
2 .1.
2.1.1
2.1.1.A
2.1.1.A.I.
2.1.1.A. I .(a).
2.1. I .A. I .(a).I.
2.1.1.A.1.(a).1.(i).
2.1.1.A.l.(a).l.(i).(I ).
D. Check Sheets - When a tariff filing is made with the Commission, an updated Check
Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tariff,
with a cross reference to the current revision number. When new pages 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 page if these are the only changes made to it (i., the format, etc. remain the same, just revised revision levels on some pages.)
The tariff user should refer to the latest Check Sheet to find out if a particular page is
the most current on file with the Commission.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
SECTION 1.0 - DEFINITIONS
Idaho Price List No. I
Original Page 7
Access Line - An arrangement from a local exchange telephone company or other common carrier, using
either dedicated or switched access, which connects a Customer's location to Carrier's location or
switching center.
Account - A Company accounting category containing up to two (2) residential local exchange access lines billed to the same Customer at the same address. The second or non-primary local exchange access
line will share any call allowance of the primary local exchange access line. The second or non-primary
local exchange access line therefore will not be provisioned to include a separate call allowance structure.
No features are provided with the second or non-primary local exchange access line.
Account Codes - Permits Centrex Stations and attendants to dial an account code number of up to eight digits. For use when placing calls over facilities arranged for Automatic Message Accounting (AMA) recording. The account or project number must be input prior to dialing the called number.
Advance Payment - Part or all of a payment required before the start of service.
Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization codes shall be the sole property of Carrier and no Customer shall have any property or other right or
interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be
used as or in connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the
service of the Customer.
Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates.
Commission - Refers to the Idaho Public Utilities Commission.
Common Carrier - An authorized company or entity providing telecommunications services to the public
Company - CHICKADEE WIRELESS, [NC., the issuer of his tariff.
Customer - The person, firm or corporation that orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the
Company's services.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 1.0-DEFINITIONS
Idaho Price List No. I
Original Page 8
Customer Terminal Equipment - Terminal equipment provided by the Customer.
Deposit- Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges.
End Office - The LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange
calls dialed by the Customer are automatically routed to the Company's network. Presubscribed
Customers may also route interexchange calls to the Company's network by dialing an access code
supplied by the Company.
Exchange Telephone Comoanv or Telephone Comoanv Denotes any individual, partnership, association, joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in providing public switched communication service throughout an exchange area, and between
exchange areas within the LAT A.
Federal Access Charge - per line charge to be applied to business accounts with more than I line only.
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors.
Interruption shall not include, and no allowance shall be given for service difficulties such as slow dial
tone, circuits busy or other network and/or switching capability shortages. Nor shall Interruption include
the failure of any service or facilities provided by a common carrier or other entity other than the Carrier.
Any interruption allowance provided within this Tariff by Carrier shall not apply where service is interrupted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of non-payment of bills, unlawful or improper use of the Carrier's
facilities or service, or any other reason covered by this Tariff or by applicable law.
LAT A - 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; or
any other geographic area designated as a LAT A in the National Exchange Carrier Association, Inc.
TariffNo.4, or its successor tariff(s ).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area
also served by the Company.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
9 1 3 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
SECTION 1 .0- DEFINITIONS
Idaho Price List No. I
Original Page 9
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and
equipment which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
NECA - National Exchange Carriers Association.
Network Access Charge - This is a fee that reimburses the Company for costs associated with building a
network, connecting customers to the network, and updating related Company systems.
Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate
and establish service.
PBX - Private Branch Exchange
PIN - Personal Identification Number. See Authorization Code.
Point of Presence ("POP")- Point of Presence
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written request for Company services executed by the Customer and the Company
in the format devised by the Company. The signing of a Service Order Form by the Customer and
acceptance by the Company initiates the respective obligations of the parties as set forth therein and
pursuant to this tariff.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer s Company-provided local exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customers local telephone lines are presubscribed by the Company to the Company s outbound service such that " I
+ I 0-digit number" calls are automatically routed to the Company s or an IXC' s network. Calls to stations within the Customers LATA may be placed by dialing" IOXXX" o r " IOIXXXX" with I + JO-digit number.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave., St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 1.0 -DEFINITIONS
Idaho Price List No. 1
Original Page IO
Station - The network control signaling unit and any other equipment provided at the Customer s
premises which enables the Customer to establish communications connections and to effect
communications through such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications
service from the Company. Service may be ordered by, or on behalf of, those who own, lease or otherwise
manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company.
Switched Access Origination/Termination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer
is a LED-provided business or residential access line. The cost of switched Feature Group access is billed
to the interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave., St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
Idaho Price List No. 1
Original Page 1 1
The Company undertakes to furnish communications service pursuant to the terms
of this tariff in connection with one-way and/or two-way information
transmission between points within the State of Idaho.
The Company is responsible under this tariff only for the services and facilities
provided hereunder, and it assumes no responsibility for any service provided by
any other entity that purchases access to the Company network in order to
originate or terminate its own services or to communicate with its own customers.
2.1 .2 Shortage of Equipment or Facilities
A. The Company reserves 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.
B. 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 s facilities as well as facilities the Company
may obtain from other carriers to furnish service from time to time as
required at the sole discretion of the Company.
2.1.3 Terms and Conditions
A. Minimum Period - Service is provided month-to-month or in a term
agreement. The minimum term period is one (I) year unless otherwise
specified in this tariff or mutually agreed upon by contract. Penalties may
apply for early termination of the term agreement
8. Except as otherwise stated in this tariff, Customers may be required to
enter into written service orders which shall contain or reference a
specific description of the service ordered, the rates to be charged, the
duration of the services, and the terms and conditions in this tariff.
Customers will also be required to execute any other documents as may be
reasonably requested by the Company.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company (Cont'd.)
2.1.3 Terms and Conditions (Cont'd.)
Idaho Price List No. I Original Page 12
C. Continuation of Service: Except as otherwise stated in this tariff, at the expiration of the initial term specified in each Service Order, or in any
extension thereof, service shall be renewed automatically for a one ( 1)
year term, unless the Customer provides notice of intent not to renew such
agreement at least thirty (30) days prior to the end of the initial or any
additional term. Any termination shall not relieve the Customer of its
obligation to pay any charges incurred under the service order and this tariff
prior to termination. The rights and obligations that by their nature extend
beyond the termination of the term of the service order shall survive such
termination.
D. In any action between the parties to enforce any provision of this tariff,
the prevailing party shall be entitled to recover its legal fees and court costs
from the non-prevailing party in addition to other relief a court may award.
E. Service may be terminated upon written notice to the Customer if:
1. the Customer is using the service in violation of this tariff; or 2. the Customer is using the service in violation of the law.
F. This tariff shall be interpreted and governed by the laws of the State of
Idaho regardless of its choice of laws provision.
G. Any other Telephone Company may not interfere with the right of any person
or entity to obtain service directly from the Company. No person or entity
shall be required to make any payment, incur any penalty, monetary or
otherwise, or purchase any services in order to have the right to obtain service
directly from the Company.
H. To the extent that either the Company or any other telephone company
exercises control over available cable pairs, conduit, duct space, raceways, or
other facilities needed by the other to reach a person or entity, the party
exercising such control shall make them available to the other on terms
equivalent to those under which the Company makes similar facilities under its
control available to its customers. At the reasonable request of either party,
the Company and the other telephone company shall join the attempt to
obtain from the owner of the property access for the other party to serve a
person or entity.
Issued: May JO, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability
Idaho Price List No. I
Original Page 13
A. Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: ( 1) the furnishing of its services, including but not
limited to mistakes, omissions, interruptions, delays, or errors, or other defects
representations, or use of these services or (2) the failure to furnish its service
whether caused by acts or omission, shall be limited to the extension of
allowances to the Customer for interruptions in service as set forth in Section 2.6.
B. Except for the extension of allowances to the Customer for interruptions in service as set forth in Section 2.6, the Company shall not be liable to a Customer
or third party for any direct, indirect, special, incidental, reliance, consequential,
exemplary or punitive damages, including, but not limited to, loss of revenue or
profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service.
C. The liability of the Company for errors in billing that result in overpayment by
the Customer shall be limited to a credit equal to the dollar amount erroneously
billed or, in the event that payment has been made and service has been
discontinued, to a refund of the amount erroneously billed.
D. The Company shall be indemnified and saved harmless by the Customer from
and against all loss, liability, damage and expense, including reasonable counsel
fees due to:
Issued: May 10, 2016
I.
2.
Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) common carriers or
warehousemen, except as contracted by the Company;
Any delay or failure of performance or equipment due to causes beyond
the Company s control, including but not limited to, acts of God, fires,
floods earthquakes, hurricanes, or other catastrophes; national
emergencies insurrections, riots, wars or other civil commotions; strikes,
lockouts, work stoppages or other labor difficulties; criminal actions
taken against the Company; unavailability, failure or malfunction of
equipment or facilities provided by the Customer or third parties; and
any law, order, regulation or other action of any governing authority or
agency thereof;
Effective: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0- REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability, (cont'd)
D. (cont'd)
Idaho Price List No. 2
Original Page 13
3. Any unlawful or unauthorized use of the Company's facilities and
services;
Issued: May 10, 2016
4.
5.
6.
7.
8.
9.
10.
Libel, slander, invasion of privacy or infringement of patents, trade
secrets or copyrights arising from or in connection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services;
Breach in the privacy or security of communications transmitted over the
Company s facilities;
Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company
and is not provided to the Customer, in which event the Company s
liability is limited as set forth in paragraph A. of this Subsection 2.1.4.
Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof;
Injury to property or mJury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any
act or omission of the Customer, or the construction, installation,
maintenance presence, use or removal of the Customer s facilities or equipment connected, or to be connected to the Company s facilities;
Any non-completion of calls due to network busy conditions;
Any calls not actually attempted to be completed during any period that service is unavailable;
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company (Cont'd)
2.1.4 Limitations on Liability (cont'd)
D. (continued)
Idaho Price List No.2
Original Page 14
1 1 . And any other claim resulting from any act or omission of the Customer
or patron(s) of the Customer relating to the use of the Company s
services or facilities.
E. The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere.
F. The Company makes no warranties or representations, EXPRESS OR IMPLIED
either in fact or by operation of law, statutory or otherwise, including warranties
of merchantability or fitness for a particular use, except those expressly set forth
herein.
G. Failure by the Company to assert its rights pursuant to one provision of this rate sheet does not preclude the Company from asserting its rights under other
provisrons.
H. Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions of listings obtainable from the
directory assistance operator, including errors in the reporting thereof, shall attach to the Company. An allowance for errors or mistakes in or omissions of
published directory listings or for errors or mistakes in or omissions of listing
obtainable from the directory assistance operator shall be at the monthly tariff
rate for each listing, or in the case of a free or no-charge directory listing, credit
shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs.
I.
Issued: May 10, 2016
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential
damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.4 Limitations on Liability, (cont'd)
J. With respect to Emergency Number 9 1 1 Service
Idaho Price List No.2
Original Page 1 5
Issued: May 10, 2016
I .
2.
3.
This service is offered solely 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 for any personal injury or death
of any person or persons, and for any loss, damage or destruction of any
property, whether owned by the Customer or others, caused or claimed to
have been caused by: (I) mistakes, omissions, interruptions, delays,
errors or other defects in the provision of service, or (2) installation,
operation, failure to operate, maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service.
Neither is the Company responsible for any infringement, nor 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 9 1 1 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 9 1 1
service, and which arise out of the negligence or other wrongful act of
the Company, the Customer, its users, agencies or municipalities, or the
employees or agents of anyone of them.
When a Customer with a nonpublished telephone number, as defined
herein places a call to the emergency 9 1 1 service, the Company will
release the name and address of the calling party, where such information
can be determined, to the appropriate local governmental authority
responsible for emergency 9 1 1 service upon request of such
governmental authority. By subscribing to service under this rate sheet,
the Customer acknowledges and agrees with the release of information as
described above.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
9 1 3 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.5 Notification of Service-Affecting Activities
Idaho Price List No.2
Original Page 1 6
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
routine preventative 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 notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage
resulting from cable damage, notification to the Customer may not be possible.
2.1.6 Provision of Equipment and Facilities
A.
B.
C.
D.
E.
Issued: May 10, 2016
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
Company does not guarantee availability by any such date and shall not be liable
for any delays in commencing service to any Customer.
The Company shall use reasonable efforts to maintain only the facilities and equipment that it 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 or equipment installed by the
Company, except upon the written consent of the Company.
The Company may substitute, change or rearrange any equipment or facility at
any time and from time to time, but shall not thereby alter the technical
parameters of the service provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which it was provided.
The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company s agents or employees to the Premises of the
Customer when the service difficulty or trouble report results from the use
equipment or facilities provided by any party other than the Company, including
but not limited to the Customer.
Effective: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
9 1 3 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0- REGULATIONS
2.1 Undertaking of the Company, (Cont'd)
2.1.6 Provision of Equipment and Facilities, ( cont'd)
Idaho Price List No.2
Original Page 17
F. 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. Subject to this responsibility, the Company shall not be
responsible for:
( 1) the transmission of signals by Customer-provided equipment or for
the quality of, or defects in, such transmission; or
(2) the reception of signals by Customer-provided equipment.
2.1.7 Non-routine Installation
At the Customers 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. If installation is started during regular business hours but, at
the Customer s request extends beyond regular business hours into time periods
including, but not limited to weekends, holidays, and/or night hours, additional
charges may apply.
2.1.8 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in
this tariff special construction of facilities may be undertaken on a reasonable efforts
basis at the request of the Customer. Special construction is that construction
undertaken:
A. where facilities are not presently available, and there is no other requirement
for the facilities so constructed;
B. of a type other than that which the Company would normally utilize in
the furnishing of its services;
C. over a route other than that which the Company would normally utilize in the
furnishing of its services;
D. in a quantity greater than that which the Company would normally construct;
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave., St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULA TlONS
2.1 Undertaking of the Company, (Cont'd)
2.1.8 Special Construction, (Cont'd)
E. on an expedited basis;
Idaho Price List No.2
Original Page 1 8
F. on a temporary basis until permanent facilities are available;
G. involving abnormal costs; or
H. in advance of its normal construction.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this rate sheet remains in the
Company, its partners, agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose or for
any use as to which the Customer has not obtained all required governmental
approvals, authorizations licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the
Company's offerings for resale and/or for shared use to file a letter with the Company
confirming that their use of the Company s offerings complies with relevant laws and
Commission regulations, policies orders, and decisions.
2.2.3 The Company may block any signals being transmitted over its Network by
Customers which cause interference to the Company or other users. Customer shall be
relieved of all obligations to make payments for charges relating to any blocked
Service and shall indemnify the Company for any claim, judgment or liability
resulting from such blockage.
2.2.4 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.
Issued: May 10, 2016 Effective: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.3 Obligations ofthe Customer
2.3.1 General
Idaho Price List No.2
Original Page 19
The Customer is responsible for making proper application for service; placing any necessary order, complying with tariff regulations; payment of charges for services provided. Specific Customer responsibilities include, but are not limited to the following:
A. the payment of all applicable charges pursuant to this tariff;
B. damage to or loss of the Company 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 Premises, unless caused by the negligence or willful misconduct of the employees or agents of the
Company;
C. providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment space and power to operate Company facilities and
equipment installed on the premises of the Customer, and the level of heating and
air conditioning necessary to maintain the proper operating environment on such
premises;
D.
E.
Issued: May 10, 2016
obtaining, maintaining, and otherwise having full responsibility for all rights-of­
way and conduits necessary for installation of fiber optic cable and associated
equipment used to provide Communication Services to the Customer from the
cable building entrance or property line to the location of the equipment space
described in 2.3.l(C.) Any and all 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-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 for service;
providing a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company s facilities and
equipment. The Customer may be required to install and maintain Company
facilities and equipment within a hazardous area if, in the Company s opinion,
injury or damage to the Company s employees or property might result from
installation or maintenance by the Company. The Customer shall be responsible
for identifying, monitoring, removing and disposing of any hazardous material
( e.g. asbestos) prior to any construction or installation work;
Effective: May I 0, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.3 Obligations of the Customer, (Cont'd)
2.3.1 General, (cont'd)
Idaho Price List No.2
Original Page 20
F. 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 facilities and equipment in any Customer premises or the rights-of­
way for which Customer is responsible under Section 2.3. ID. ; and granting or
obtaining permission for Company agents or employees to enter the premises of
the 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;
G. not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and making Company facilities and
equipment available periodically for maintenance purposes at a time agreeable to
both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes.
2.3.2 Liability ofthe Customer
A.
B.
Issued: May 10, 2016
The Customer will be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the negligent or intentional
acts or omissions of the Customer, its officers, employees, agents, invites, or
contractors where such acts or omissions are not the direct result of the
Company's negligence or intentional misconduct.
To the extent caused by any negligent or intentional act of the Customer as described in A., preceding, the Customer shall indemnify, defend and hold
harmless the Company from and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attorneys' fees , for (I) any loss,
destruction or damage to property of any third party, and (2) any liability
incurred by the Company to any third party pursuant to this or any other rate sheet of the Company, or otherwise, for any interruption of, interference to, or
other defect in any service provided by the Company to such third party.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.3 Obligations of the Customer, (Cont'd)
2.3.2 Liability of the Customer, (Cont'd)
Idaho Price List No.2
Original Page 21
C. The Customer shall not assert any claim against any other Customer or user of
the Company s services for damages resulting in whole or in part from or arising
in connection with the furnishing of service under this rate sheet including but
not limited to mistakes, omissions, interruptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in
any way to the occurrence of the damages, unless such damages were caused
solely by the negligent or intentional act or omission of the other Customer or
user and not by any act or omission of the Company. Nothing in this rate sheet is
intended either to limit or to expand Customer s right to assert any claims against
third parties for damages of any nature other than those described in the
preceding sentence.
2.4 Customer Equipment and Channels
2.4.1 General
A User may transmit or receive information or signals via the facilities of the Company.
The Company's services are designed primarily for the transmission of voice-grade
telephonic signals, except as otherwise stated in this tariff. A User may transmit any form
of signal that is compatible with the Company s equipment, but the Company does not
guarantee that its services will be suitable for purposes other than voice-grade telephonic
communication except as specifically stated in this tariff.
2.4.2 Station Equipment
A.
Issued: May I 0, 2016
Terminal equipment on the users premises and the electric power consumed by
such equipment shall be provided by and maintained at the expense of the User.
The user is responsible for the provision of wiring or cable to connect its
terminal equipment to the Company Point of Connection.
Effective: May IO, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.4 Customer Equipment and Channels, (Cont'd)
2.4.2 Station Equipment, (Cont'd)
Idaho Price List No.2
Original Page 22
8. The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such
equipment and facilities. The magnitude and character of the voltages and
currents impressed on Company-provided equipment and wiring by the
connection, operation, or maintenance of such equipment and wiring shall be
such as not to cause damage to the Company-provided equipment and wiring or
injury to the Company s employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the
Company at the Customer s expense subject to prior Customer approval of the
equipment expense.
2.4.3 Interconnection of Facilities
A. Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communication
Services and the channels, facilities, or equipment of others shall be provided at
the Customers expense.
8. Communication 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 the tariffs of the other communications carriers that are
applicable to such connections.
C.
D.
Issued: May 10, 2016
Facilities furnished under this tariff may be connected to Customer-provided terminal equipment in accordance with the provisions of this tariff. All such terminal equipment shall be registered by the Federal Communications
Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all
User-provided wiring shall be installed and maintained in compliance with those
regulations.
Users may interconnect communications facilities that are used in whole or in
part for interstate communications to services provided under this tariff only to
the extent that the user is an is "End User, as defined in Section 69.2(m), Title
47, Code of Federal Regulations (1992 edition).
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.4.4 Inspections
Idaho Price List No.2
Original Page 23
A. Upon suitable 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 in Section 2.4.2A. 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.
B. 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 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.
2.5 Payment Arrangements
2.5.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the Customer
regardless of whether those services are used by the Customer itself or are resold to or
shared with other persons.
The Customer is responsible for payment of any sales, use, gross receipts, excise, access
or other local, state, federal and 9 1 1 taxes, charges or surcharges (however designated)
(excluding taxes on Company s net income) imposed on or based upon the provision, sale
or use of Network Services.
The security of the Customers PIN is the responsibility of the Customer. All calls placed
using a PIN shall be billed to and shall be the obligation of the Customer. The Customer
shall not be responsible for charges in connection with the unauthorized use of PINs arising after the Customer notifies the Company of the loss, theft, or other breach of security of such PINs.
Customers will only be charged once, on either an interstate or intrastate basis, for any nonrecurring charges.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.5 Payment Arrangements (Cont'd)
2.5.2 Billing and Collection of Charges
Idaho Price List No.2
Original Page 24
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A. Nonrecurring charges are due and payable within thirty (30) days after the
invoice date, unless otherwise agreed to in advance.
B. The Company shall present invoices for recurring charges monthly to the Customer in advance of the month in which service is provided, and Recurring
Charges shall be due and payable within thirty (30) days after the invoice date.
When billing is based on customer usage, charges will be billed monthly for the
preceding billing periods.
C. Upon initiation or termination of service, Customer billing will commence, or terminate, with the next available bill cycle. Monthly recurring charges are not
prorated based on the actual number of days that the Customer had service during
the billing cycle.
D. Billing of the Customer by the Company will begin on the first day of the next available bill cycle following the Service Commencement Date, which is the first day following the date on which the Company notifies the Customer that the
service or facility is available for use, except that the Service Commencement
Date may be postponed by mutual agreement of the parties, or if the service or
facility does not conform to standards set forth in this tariff or the Service Order.
E. If any portion of the payment is not received by the Company, or if any portion of the payment is received by the Company in funds that are not immediately
available, within twenty (20) days of the mail date on the bill, then a late
payment penalty shall be due the Company. The late payment penalty shall be
that portion of the payment not received by the date due minus any charges billed
as local taxes multiplied by 1.5%.
F. The Customer will be assessed a charge of twenty dollars ($20.00) for each
check submitted by the Customer to the Company that a financial institution
refuses to honor.
G.
Issued: May 10, 2016
If service is disconnected by the Company in accordance with Section 2.5.6 following and later restored, restoration of service will be subject to all applicable installation charges.
Effective: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.5 Payment Arrangements (Cont'd.)
2.5.2 Billing and Collection of Charges (cont'd.)
Idaho Price List No.2
Original Page 25
H. End of Cycle Billing - For billing purposes only, if a customer cancels or
terminates service and is in a bundled rate plan, the cancellation/termination will
not be deemed effective until the final day of the billing cycle and the Company will retain all amounts paid by the customer for that month of service.
I. Customers may access their invoices and pay their invoices online. There is a
Paper Invoice Charge of $1.25 applied to customers who choose to have their
invoice mailed to them and is intended to recover the cost of preparing and
mailing paper bills and processing payments associated with paper bills.
2.5.3 Disputed Bills
A. In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bill to avoid discontinuance of service for non­
payment. The Customer must submit a documented claim for the disputed amount. The Customer will submit all documentation as may reasonably be
required to support the claim. All claims must be submitted to the Company within 90 days of receipt of billing for those services. If the Customer does not
submit a claim as stated above the Customer waives all rights to filing a claim
thereafter.
B. Unless disputed the invoice shall be deemed to be correct and payable in full by
the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may file a complaint with the Commission.
Idaho Public Utilities Commission
472 West Washington
Statehouse
Boise, ID 83702-0074
Telephone: [phone]
Toll Free: [phone]
C.
Issued: May I 0, 2016
If the dispute is resolved in favor of the Customer and the Customer has withheld
the disputed amount, no interest, credits or penalties will apply.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave., St. Maries, Idaho 83 861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.5 Payment Arrangements, (Cont'd.)
2.5.4 Advance Payments
The Company will not be collecting advance payments.
2.5.5 Deposits
The Company will not be collecting deposits.
2.5 Payment Arrangements, (Cont'd)
2.5.6 Discontinuance of Service
Idaho Price List No.2
Original Page 26
A. Service may be disconnected after seven (7) days written notice for any of the
following reasons:
1. The Customer did not pay undisputed delinquent bills for local exchange
services or paid a delinquent bill for local exchange services with any dishonored check.
2. The Customer failed to abide by the terms of a payment arrangement.
3. The Customer misrepresented the Customer s identity for the purpose of
obtaining telephone service.
4. The Company determines as prescribed by relevant state or other applicable standards that the Customer is willfully wasting or interfering
with service through improper equipment or otherwise.
5. The Customer is using service(s) for which the Customer did not apply. B.
At least twenty- four (24) hours before actual termination, the Company will attempt to contact the Customer affected to apprise the Customer of the proposed termination action and steps to take to avoid or delay termination. Service will
not be terminated in the event that a formal or informal complaint concerning
termination is filed with the Commission.
Issued: May 10, 2016 Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.5 Payment Arrangements, (Cont'd)
2.5.6 Discontinuance of Service, ( cont'd)
Idaho Price List No.2
Original Page 27
C. Service may be disconnected without notice and without incurring any liability
for any of the following reasons:
Issued: May 10, 2016
I.
2.
3.
4.
5.
6.
A condition immediately dangerous or hazardous to life, physical safety
or property exists, or it is necessary to prevent a violation of federal, state
or local safety or health codes.
The company is ordered to terminate service by any court, the
Commission or any other duly authorized public authority.
In the event of fraudulent use of the Company s network, where the
service(s) was (were) obtained, diverted or used without the
authorization or knowledge of the Company, the Company will
discontinue service without notice and/or seek legal recourse to recover
all costs involved in enforcement of this provision.
The Company has tried diligently to meet the notice requirements but has
been unsuccessful in its attempt to contact the Customer affected.
The Customer has misrepresented the Customer's identity for purposes
of obtaining telephone service and has an outstanding bill exceeding
$100.
Upon the Company's discontinuance of service to the Customer under
Section 2.6.6 A. or 2.6.6 C., the Company, 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 price list, may declare all future
monthly and other charges that would have been payable by the
Customer during the remainder of the term for which such services
would have otherwise been provided to the Customer to be immediately
due and payable.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.5 Payment Arrangements (Cont'd)
2.5.8 Cancellation of Application for Service
Idaho Price List No.2
Original Page 28
A. Applications for service cannot be canceled without the Company s agreement.
Where the Company permits a Customer to cancel an application for service
prior to the start of service or prior to any special construction, no charges will be
imposed except for those specified below.
B. 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 incurred by the Company, less net salvage shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation
charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service commenced.
C. Where the Company incurs any expense in connection with special construction,
or where special arrangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the costs incurred by
the Company, less net salvage, applies. In such cases, the charge will be based on
such elements as the cost of the equipment, facilities, and material, the cost of
installation, engineering, labor, and supervision, general and administrative
expense other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction
or arrangements.
D. The special charges described in 2.5.7 A. through 2.5.7 C. will be calculated and applied on a case-by-case basis.
2.5.9 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer s installation fee shall be
adjusted accordingly.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.6 Allowances for Interruptions in Service
Idaho Price List No.2
Original Page 29
Interruptions in service that are not due to the negligence of, or noncompliance with
the provisions of this tariff by, the Customer or the operation or malfunction of the facilities,
power or equipment provided by the Customer, will be credited to the Customer as set forth
in 2.6.1 for the part of the service that the interruption affects.
Credits identified in this section are in addition to those required by Rule 503 of the Commission
Telephone Customer Relations Rules:
2.6.1 General
A. A credit allowance will be given when service is interrupted, except as
specified below. A service is interrupted then it becomes inoperative to the
Customer, e.g., the Customer is unable to transmit or receive, because of a
failure of a component furnished by the Company under this rate sheet.
B. An interruption period begins when the Customer reports a service, facility or
circuit to be inoperative and, if necessary, releases it for testing and repair.
An interruption period ends when the service, facility or circuit is operative.
C. If the Customer reports a service, facility or circuit to be interrupted but
declines to release it for testing and repair, or refuses access to its premises
for test and repair by the Company, the service, facility or circuit is
considered to be impaired but not interrupted. No credit allowances will be
made for a service, facility or circuit considered by the Company to be
impaired.
D.
Issued: May I 0, 2016
The Customer shall be responsible for the payment of service charges as set
forth herein for visits by the Company s agents or employees to the premises
of the Customer when the service difficulty or trouble report results from the
use of equipment or facilities provided by any party other than the Company,
including but not limited to the Customer.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
9 1 3 Main Ave., St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.6 Allowances for Interruptions in Service, (Cont'd)
2.6.2 Limitations of Allowances
Idaho Price List No.2
Original Page 30
No credit allowance will be made for any interruption in service. These limitations do not apply to the credits provided in accordance with Rule 503 of the Commission's
Telephone Customer Relations Rules.
A. Due to the negligence of or noncompliance with the provisions of this rate sheet
by any person or entity other than the Company, including but not limited to the Customer;
B. Due to the failure of power, equipment, systems, connections or services not
provided by the Company;
C. Due to circumstances or causes beyond the reasonable control of the Company;
D. During any period in which the Company is not given full and free access to its
facilities and equipment for the purposes of investigating and correcting
interruptions;
E. A service will not be deemed to be interrupted if a Customer continues to
voluntarily make use of the service. If the service is interrupted, the Customer can get a service credit, use another means of communications provided by the Company (pursuant to Section 2.6.3), or utilize another service provider;
F. During any 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;
G. That occurs or continues due to the Customer s failure to authorize replacement
of any element of special construction; and
H. That was not reported to the Company within thirty (30) days of the date that service was affected.
2.6.3 Use of Another Means of Communications
If the Customer elects to use another means of communications during the period of
interruption, the Customer must pay the charges for the alternative service used.
Issued: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83 861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.6 Allowances for Interruptions in Service (Cont'd)
2.6.4 Application of Credits for Interruptions in Service
Idaho Price List No.2
Original Page 3 1
A. Credits for interruptions in service that is provided and billed on a flat rate basis
for a minimum period of at least one month, beginning on the date that billing
becomes effective, shall in no event exceed an amount equivalent to the
proportionate charge to the Customer for the period of service during which the
event that gave rise to the claim for a credit occurred. A credit allowance is
applied on a pro rata basis against the rates specified hereunder and is dependent
upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit.
B. For calculating credit allowances, every month is considered to have thirty (30)
days.
C. A credit allowance will be given for interruptions of thirty (30) minutes or more.
Two or more interruptions of fifteen ( 15) minutes or more during anyone 24-hour
period shall be combined into one cumulative interruption.
D. Interruptions of 24 Hours or Less
Length of Interruption Amount of Service To Be Credited
Less than 30 minutes None
30 minutes up to but not including 3 hours 1 1 1 0 Day
3 hours up to but not including 6 hours 1/5 Day
6 hours up to but not including 9 hours 2/5 Day
9 hours up to but not including 12 hours 3/5 Day
12 hours up to but not including 15 hours 4/5 Day
1 5 hours up to but not including 24 hours One Day
E. Interruptions Over 24 Hours and Less Than 72 Hours
Interruptions over 24 hours and less than 72 hours will be credited 115 day for
each hour period or fraction thereof. No more than one full day's credit will be
allowed for any period of24 hours.
Issued: May I 0, 2016 Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.6 Allowances for Interruptions in Service (Cont'd)
2.6.4 Application of Credits for Interruptions in Service (Cont'd)
E. Interruptions Over 72 Hours
Idaho Price List No.2
Original Page 32
Interruptions over 72 hours will be credited 2 days for each full 24-hour period.
No more than thirty (30) days credit will be allowed for anyone month period.
2.6.5 Cancellation for Service Interruption
Cancellation or termination for service interruption is permitted only if any circuit
experiences a single continuous outage of 8 hours or more or cumulative service credits
equaling 16 hours in a continuous I2-month period. The right to cancel service under this provision applies only to the single circuit that has been subject to the outage or cumulative service credits.
2.7 Use of Customer's Service by Others
2.7. I Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From
each joint use arrangement, one member will be designated as the Customer responsible
for the manner in which the joint use of the service will be allocated. The Company will
accept orders to start, rearrange, relocate, or discontinue service only from the designated
Customer. Without affecting the Customer s ultimate responsibility for payment of all
charges for the service, each joint user shall be responsible for the payment of the charges billed to it.
2.8 Cancellation of Service/Termination Liability
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 Section 2.6.1 above), the Customer agrees to pay to the Company termination liability charges, as defined below. These charges shall become due as of the effective date of the cancellation or termination and be
payable within the period, set forth in Section 2.5.2.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.8 Cancellation of Service/Termination Liability, (Cont'd)
2.8.1 Termination Liability
Idaho Price List No.2
Original Page 33
A. The Customer s termination liability for cancellation of term or contract service
shall be equal to:
I . all unpaid Non-Recurring charges reasonably expended by the Company
to establish service to the Customer; plus 2. any disconnection, early cancellation or termination charges reasonably incurred and paid to third parties by the Company on behalf of the Customer; plus 3. 90% of the Monthly Recurring Charge for the service under the term
agreement, multiplied by the number of lines, multiplied by the months
remaining in the term agreement.
B. Customers who subscribe to service on a month-to-month basis will be billed a $50.00 initiation fee on a final invoice if service is cancelled within the first Billing period.
2.9 Transfers 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:
2.9.1 to any subsidiary, parent company or affiliate of the Company; or
2.9.2 pursuant to any sale or transfer of substantially all the assets of the Company; or
2.9.3 pursuant to any financing, mergeror reorganization of the Company.
2.10. Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual, apparent or implied authority to use the network, obtains the Company s services provided under this rate sheet.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Idaho Price List No.2
Original Page 34
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.10. Customer Liability for Unauthorized Use of the Network (Cont'd)
Idaho Price List No.2
Original Page 35
2.10.1 Customer Liability for Fraud and Unauthorized Use of the Network
A. The Customer is liable for the unauthorized use of the network obtained through
the fraudulent use of a Company calling card, if such a card is offered by the
Company, or an accepted credit card, provided that the unauthorized use occurs
before the Company has been notified.
B. A Company calling card is a telephone calling card issued by the Company at the
Customer s request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls
billed to the Customers account.
An accepted credit card is any credit card that a cardholder has requested or
applied for and received, or has signed, used, or authorized another person to use
to obtain credit. Any credit card issued as a renewal or substitute in accordance
with this paragraph is an accepted credit card when received by the cardholder.
C. The Customer must give the Company written or oral notice that an unauthorized
use of a Company calling card or an accepted credit card has occurred or may
occur as a result of loss, and/or theft.
D. The Customer is responsible for payment of all charges for calling card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this rate sheet, unless due to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer
service or Customer-provided equipment by third parties, the Customer's
employees or the public.
The liability of the Customer for unauthorized use of the Network by credit card
fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification
to the Company.
Issued: May 10, 2016 Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
CHICKADEE WIRELESS, INC.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83 861
Idaho Price List No.2
Original Page 36
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2 .11 Notices and Communications
Idaho Price List No.2
Original Page 3 7
2 . 1 1 . 1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may
also designate a separate address to which the Company s bills for service shall be mailed.
2.11.2 The Company shall designate on the Service Order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may
designate a separate address on each bill for service to which the Customer shall mail payment on that bill.
2.11.3 Except as otherwise stated in this tariff, 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 to the other party on the third business day following placement of the notice, communication or bill with the U. S. Mail or a private delivery service, prepaid and
properly addressed, or when actually received or refused by the addressee, whichever
occurs first.
2 . 1 1 .4 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the
procedures for giving notice set forth herein.
2.12 Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer. Taxes and fees
include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross
Receipts Tax. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer invoices.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC.
SECTION 2.0 - REGULATIONS
2.13 Miscellaneous Provisions
2.13.1 Telephone Number Changes
Idaho Price List No.2
Original Page 3 8
Whenever any Customer's telephone number is changed after a directory is published,
the Company shall intercept all calls to the former number for a minimum of ninety (90
days and give the calling party the new number provided existing central office equipment will permit, and the Customer so desires.
When service in an existing location is continued for a new Customer, the existing telephone number may be retained by the new Customer only if the former Customer
consents in writing, and if all charges against the account are paid or assumed by the new
Customer.
2.13.2 Maintenance and Operations Records
Records of various tests and inspections, to include non-routine corrective maintenance
actions or monthly traffic analysis summaries for network administration, necessary for
the purposes of the Company or to fulfill the requirements of Commission rules shall be
kept on file in the office of the Company as required under Commission rules.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
9 1 3 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 3.0- SERVICE AREAS
3. I Exchange Service Areas
Idaho Price List No.2
Original Page 39
Local exchange services are provided, subject to availability of facilities and equipment, in
areas currently served by the following Incumbent LECs:
A. Frontier Communications, Inc.
The Company will mirror the local exchange service area of Frontier.
B. Qwest Communications, Inc.
The Company will mirror the local exchange service area of Frontier.
Issued: May I 0, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May I 0, 2016
CHICKADEE WIRELESS, INC. Idaho Price List No.2
Original Page 40
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES
4.1 New Line Installation and Existing Line Migration Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in
service. Move or change existing service and equipment or add new or additional service
and equipment other than access lines.
a) New Line Installation Charges
The installation of new line number and dial-tone services. Pricing varies depending
upon service address and line location requirements. Non-recurring pricing per new
local line installation can be up to:
Non-recurring Charge
$60.00
b) Existing Line Migration Charges
The migration/transfer of existing line number and dial-tone services from another
local telephone service provider to the Company. Pricing varies based up service term length agreed upon by customer. For Month-To-Month service the local line
migration charges per local line migrated:
Non-recurring Charge
$35.00
Issued: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave., St. Maries, Idaho 83861
Effective: May IO, 2016
CHICKADEE WIRELESS, INC.
SECTION 5.0-NETWORK SERVICE DESCRIPTIONS
5.1 General
5.1.1 Services Offered
The following Services are available to business Customers:
Standard Business Line Service
Optional Calling Features
5.1 .2 Application of Rates and Charges
Idaho Price List No.2
Original Page 41
All services offered in this tariff are subject to service order and change charges where
the Customer requests new services or changes in existing services, as well as indicated
Non-Recurring and Monthly Recurring Charges.
5.1.3 Emergency Services Calling Plan
Access (at no additional charge) to the local operator or emergency services bureau by
dialing 0- or 9-1-1 is offered at no charge to the Customer.
Message toll telephone calls, to governmental emergency service agencies as set forth in
(A) following, having primary or principal responsibility with respect to the provision of
emergency services to persons and property in the area from which the call is made,
meeting the definition and criteria of an emergency call as set forth in (B) following are
offered at no charge to Customers:
Governmental fire-fighting, State Highway Patrol, police, and emergency squad service
(as designated by the appropriate governmental agency) qualify as governmental
emergency service agencies provided they answer emergency service calls on a
personally attended (live) twenty-four (24) hour basis, three hundred sixty-five (365)
days a year, including holidays.
An emergency is an occurrence or set of circumstances in which conditions pose
immediate threat to human life, property, or both and necessitate that prompt action be
taken. An emergency call is an originated call of short duration to a governmental
emergency services agency in order to seek assistance for such an emergency.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
9 1 3 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 5 .0- NETWORK SERVICE DESCRIPTIONS
5.2 Standard Business Line
Idaho Price List No.2
Original Page 42
The Standard Business Line provides a Customer with a single, analog, voice-grade telephonic communications channel, which can be used to place or receive one call at a time. Standard Business Lines are provided for the connection of Customer-provided wiring and single station
sets or facsimile machines. An optional per line hunting feature is available for multi-line
Customers which routes a call to an idle station line in a prearranged group when the called
station line is busy.
5.3 Optional Calling Features
5.3.1 Features Descriptions
(A)
(B)
(C)
(D)
(E)
Issued: May 10, 2016
Call Forwarding - Busy Line: Allows a customer to have incoming calls
forwarded to another number when the called number is busy.
Call Waiting - Basic: Call Waiting provides a tone signal to indicate to a
Customer already engaged in a telephone call that a second caller is attempting to
dial in. It permits the Customer to place the first call on hold, answer the second
call and then alternate between both callers. Cancel Call Waiting is provided with
the feature and allows a Call Waiting end-user to disable the Call Waiting feature
for the duration of a single outgoing telephone call. Cancel Call Waiting is
activate by dialing a special code prior to placing a call, and is automatically
deactivated when the Customer disconnects from the call.
Call Forwarding - No Answer: Permits the forwarding of incoming calls when
the end-user's ine remains unanswered after a pre-designated ringing interval.
The ringing interval before forwarding and the forward-to number are fixed by
the service order.
Call Forwarding - Variable: Permits the end-user to automatically forward
(transfer) all incoming calls to another telephone number, and to restore it to
normal operation at their discretion. The end-user must dial an activation code
from his/her exchange line along with the forward-to number in order to turn the
feature on. A separate code is dialed by the end-user to deactivate the feature.
Caller ID: Permits the end-user to view a Directory Number of the calling party on incoming telephone calls. Information is displayed on a specialized CPE not
provided by the Company. The feature also provides the date and time of each
incoming call. It is the responsibility of the Customer to provide the necessary
CPE.
Effective: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
CH[CKADEE WIRELESS, INC.
SECTION 5.0 -NETWORK SERVICE DESCRIPTIONS
5.3 Optional Calling Features (Cont'd)
5.3.1 Features Descriptions, (Cont'd)
Idaho Price List No.2
Original Page 43
(F) Distinctive Ring: Provides the Customer with separate telephone numbers,
each with a distinctive ring, associated with one line.
(G) Repeat Dialing: Allows a customer to dial a code that will cause the feature
to automatically redial the last number the customer dialed. If the called
number is busy, the feature will redial the called number for a limited period of
time. A tone alerts the customer when the called number becomes available.
This service is available on a usage or subscription basis.
(H) Three Way Calling: Permits the end-user to add a third party to an
established connection. When the third party answers, a two-way
conversation can be held before adding the original party for a three-way
conference. The end-user initiating the conference controls the call and may
disconnect the third party to reestablish the original connection or establish
a connection to a different third party. The feature may be used on both
outgoing and incoming calls.
(I) Voicemail Services: Voice Mail can answer incoming calls, placed to
the customer's telephone line, when the called number is busy or if the
called number is not answered. The service greet incoming caller with a
personal or standard greeting. It then receives and saves the caller's messages
for review by the customer. Customers can retrieve messages left for them
from any tone signaling telephone.
5.4 Listing Services
For each Customer of Company-provided Exchange Service(s), the Company shall arrange
for the listing of the Customer's main billing telephone number in the directory(ies) published
by the dominant Local Exchange Carrier in the area at no additional charge.
5.5 Miscellaneous Services
5.5.1 Hunting Service
Hunting Service is an optional arrangement available to customers with two or more
individual line or trunk services. Where facilities permit, such lines will be arranged
so that incoming calls to a busy line/trunk will overflow to other available lines/trunks
for that customer.
Issued: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 6.0 - LOCAL EXCHANGE SERVICES
6.1 General
Idaho Price List No.2
Original Page 44
Local Exchange Services are provided through the use of resold facilities obtained from other telephone companies and the Company's facilities.
The rates, terms and conditions set forth in the section are applicable where the Company
provides specified local exchange services to Customers.
All rates set forth in this Section are subject to change and may be changed by the Company pursuant to notice requirements established by the Commission.
6.2 Standard Business Local Exchange Service
Standard Business Local Exchange Service provides the Customer with a single, analog, voice­
grade telephonic communications channel, which can be used to place or receive one call at a
time. Standard Business Local Exchange Service lines are provided for the connection of Customer-provided wiring, telephones, facsimile machines or other station equipment. An optional per line Hunting feature is available for multi-line Customers which routes a call to the next idle line in a prearranged group when the called line is busy.
Local exchange service lines and trunks are provided on a single party (individual) basis only. No
multi-party lines are provided. Service is available on a flat rate basis depending on the service
plan selected by the Customer. Not all service plans will be available in all areas. Recurring charges for Standard Business Local Exchange Service are billed monthly in advance. Usage charges, if applicable are billed in arrears. Usage charges may apply for calls placed from the Customer's line. No usage charges will apply to calls received by the Customer. Non-recurring charges for installation or rearrangement of service are billed on the next month's bill immediately following work performed by the Company.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave., St. Maries, Idaho 83861
Effective: May 10, 2016
CHICKADEE WIRELESS, INC.
SECTION 6.0 - LOCAL EXCHANGE SERVICES
6.2.1 Monthly Recurring Charges
Idaho Price List No.2
Original Page 45
The following charges apply to Standard Business Local Exchange Service I ines
per month. Rates and charges include Touchtone Service for each line. The rates and
charges below apply to service provided on a month-to-month basis.
Per Local Line
Includes:
Unlimited local calling
Caller ID
Line Hunting Service
Monthly Recurring Charge
$37.95
Issued: May I 0, 2016
Additional Line Features are provided in feature packages at an additional
cost: Monthly Recurring Charge
$3.00 $5.00 $7.00
Additional Line features available such
as: Cal I Waiting
Repeat Dialing
Distinctive Ring
Three-Way
Calling
Call Forwarding-Variable, Busy Line, No Answer
Voicemail Services
Effective: May 10, 2016
Issued By: Robert Sharrett, President Chickadee Wireless, Inc. 913 Main Ave.,
St. Maries, Idaho 83861
One Feature Package
Two Feature Package
All Feature Package
CHICKADEE WIRELESS, fNC.
SECTION 7.0 - SPECIAL ARRANGEMENTS
7.1 Individual Case Basis ((CB) Arrangements
Idaho Price List No.2
Original Page 46
Arrangements will be developed on a case-by-case basis in response to a bona fide special
request from a Customer or prospective Customer to develop a competitive bid for a service
not generally offered under this tariff. Rates quoted in response to such competitive requests
may be different than those specified for such services in this tariff. ICB rates will be
offered to the Customer in writing and on a non-discriminatory basis.
ICB will be filed with the Communications Division of the Commission.
Issued: May 10, 2016
Issued By: Robert Sharrett, President
Chickadee Wireless, Inc.
913 Main Ave.,
St. Maries, Idaho 83861
Effective: May 10, 2016