HomeMy WebLinkAbout20051109Application.pdfMcDevitt & Miller LLP
Lawyers
(208) 343-7500
(208) 336-6912 (Fax)
420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Chas. F. McDevitt
Dean 1. (Joe) Miller
November 8, 2005
Via Hand Delivery
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
P.o. Box 83720
Boise, Idaho 83702
Cz.~-o5 '01
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Re: Contact Communications S:'r:::if; 0if;
Dear Ms. Jewell:
Enclosed please find the original and seven (7) copies of the Application of Contact
Communications for a Certificate of Public Convenience.
Also enclosed in sealed envelopes are confidential exhibits C and D, containing
financial information regarding the company. These are available for review by staff;
otherwise it is requested that they be kept confidential.
I am also enclosing two copies of Contact's proposed price lists.
Kindly return a file stamped copy to me.
Very truly yours
McDevitt & Miller LLP~Ui~
Dean J. Miller
DJMllcC: Contact Communications
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Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564 - Boise 83701
Boise, Idaho 83702
Tel: 208-343-7500
Fax: 208-336-6912
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Attorneys for Applicant,
Contact Communications, Inc.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CONTACT COMMUNICATIONS, INC.
FOR APPROVAL OF A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE LOCAL SERVICE IN IDAHO
Case No. C Z Co t -o,
APPLICATION OF CONTACT
COMMUNICTIONS, INC.
CONTACT COMMUNICATIONS, INc., by its undersigned counsel, and pursuant to
Idaho Code Sections 61-526 through -528 and IDAPA 31.01.01.111 and 112, hereby files for a
certificate of public convenience and necessity to provide basic local exchange service
throughout the State of Idaho. Applicant respectfully requests that the Commission grant it a
certificate to provide the local exchange telecommunications services described herein. In
support thereof, Applicant provides the following information:
I. PROPOSED SERVICES.
Contact Communications, Inc., a Wyoming-based corporation, will provide advanced
data services including MMS (Managed Modem Service), VOIP (Voice Over Internet Protocol),
Dedicated Transport circuits, Local High-Capacity circuits, and IP Bandwidth connectivity.
Contact will provide these services to Internet Service Providers (ISPs) and other retailers on a
APPLICATION OF CONTACT COMMUNICATIONS, INC. - 1
wholesale basis, operating as a both a reseller and facility-based provider. Contact has no
immediate plans to construct telecommunications facilities other than switching and other central
office equipment and will provide its services over circuits and network elements provided by
Qwest and other carriers. Contact will market its wholesale services, in Qwest territories, to ISPs
and other telecommunications providers through direct contact. Contact does not currently
provide services in the state of Idaho.
II. FORM OF BUSINESS.
Form of Business. The applicant is a corporation incorporated under the laws of
Wyoming. Attached as Exhibit A is a certified copy of its articles of incorporation. Additionally,
a certificate of good standing issued by the Secretary of State is attached as Exhibit B. The
applicant intends to provide competitive local exchange service throughout the State ofIdaho.
Due to the nature of the business, Contact Communications, Inc. does not intend to establish a
principal business address in Idaho. Applicant maintains its principal place of business at 937
West Main Street, Riverton, Wyoming 82501. The phone number at this address is (307) 856-
0980. The name and address of the registered agent for service in Idaho is: Corporation Service
Company, 1401 Shoreline Drive, Ste. 2, Boise, ID 83702. Questions regarding this application
should be directed to the following:
Dean J. Miller (ISB No. 1968)
MCDEVITI & MILLER LLP
420 West Bannock Street
O. Box 2564 - Boise 83701
Boise, Idaho 83702
Tel: 208-343-7500
Fax: 208-336-6912
Shareholders. The name and addresses of the common stockholders of Contact
Communications, Inc. are as follows:
APPLICATION OF CONTACT COMMUNICATIONS, INC. - 2
Steve Mossbrook 540 000 common stock 90 per cent
Sandra Mossbrook 000 common stock 10 per cent
Directors and Officers. The Officers and Directors of Contact Communications
Inc. are as follows:
Steve Mossbrook President Director
Sandra Mossbrook Secretary Director
Jack Berridge Vice President Director
Alexander Davison Assistant Secretary
4. AfiIliations. Contact Communications is an independent company and not a subsidiary
nor affiliated with any other company. Contact Communications is a spin off CLEC which
originated from Wyoming. com, the dominant internet service provider for the State of Wyoming.
III. TELECOMMUNICATION SERVICE.
Contact Communications, Inc. wishes to provide service beginning January 1, 2006, or as
soon thereafter as interconnection facilities can be constructed with Qwest. Contact
Communications, Inc. does not intend to initially provide service directly to end users on a retail
basis. The company will provide advanced data services including MMS (Managed Modem
Service) VOIP (Voice Over Internet Protocol), Dedicated Transport circuits, Local High-
Capacity circuits, and IP Bandwidth connectivity on a wholesale basis to ISP's (internet service
providers). After implementation ofthe wholesale services, applicant intends to offer a full
range oflocal exchange services, including two way voice communications, but excluding
traditional single line POTS. Therefore, the company initially anticipates no direct relationship
with retail consumers.
APPLICATION OF CONTACT COMMUNICATIONS, INC. - 3
IV. SERVICE TERRITORY.
Contact Communications, Inc.s proposed service territory is that portion ofthe State of
Idaho currently served by Qwest. As described above, the applicant will act as a wholesaler of
service to internet service providers through interconnection agreements. The company will
provide resold and facilities based services utilizing leased space Points-of-Presence (POPs) and
Collocations within Qwest Serving Wire Centers (SWCs). The applicant will provide MMS
(Managed Modem Service) VOIP (Voice Over Internet Protocol), Dedicated Transport circuits
Local High-Capacity circuits, and IP Bandwidth connectivity using Cisco, 0 I Communications
and Lucent equipment. In the future, the company may expand its offerings to include voice
service. Service will primarily be directed toward rural areas and cities with a population of less
than 250 000. The incumbent local exchange competitor of Contact Communications, Inc. is
Qwest.
V. FINANCIAL INFORMATION.
Filed as Confidential Exhibit C are the current and previous fiscal year s detailed
balance sheets. Filed as Confidential Exhibit D is the current and previous fiscal year s income
statement for Contact Communications.
The company has proven financially capable of providing service in the State of
Wyoming since 1999. Contact Communications has also been granted CLEC certification in
Montana, Oregon, Wisconsin, Kansas, North Dakota, South Dakota, Nebraska, and Colorado.
The Applicant has available sufficient capital to fulfill any obligations it may undertake with
respect to its operations and the services it proposes to offer.
APPLICATION OF CONTACT COMMUNICATIONS, INc. - 4
VI. "ILLUSTRATIVE" TARIFF FILINGS.
Enclosed is the company s initial tariff and price sheets. Contact Communications
will initially provide wholesale service on an individual case basis, upon initiation of retail sales
the tariff and price sheets will be amended.
VII. CUSTOMER CONTACTS.
As stated above, the primary customers of Contact Communications, Inc. will be ISPs
and the applicant initially will have no direct contact with end users. However, the company
maintains the highest level of technical expertise with immediate response to trouble calls on a
24 hours, 7 day a week basis. Experience to date has shown that the company s response to
service needs far exceed that of most incumbent local exchange companies. Questions regarding
tariffs may be directed to: Chris Robisch, 937 West Main, Riverton, Wyoming 82501 , Phone
(800) 996-4638. Questions regarding customer service maybe directed to: Chris Robisch, 937
West Main, Riverton, Wyoming 82501 , Phone (800) 996-4638.
VIII. INTERCONNECTION AGREEMENTS.
Contact Communications, Inc. has completed negotiations with Qwest and thus has
an Interconnection Agreement in effect today. Contract No. ID-CDS-050228-0002 has been
approved by the Commission.
IX. COMPLIANCE WITH COMMISSION RULES.
The applicant, Contact Communications, Inc., has reviewed the Commission rules
and agrees to comply with these rules.
APPLICATION OF CONTACT COMMUNICATIONS, INc. - 5
X. ESCROW ACCOUNT OR SECURITY BOND.
Contact Communications, Inc. will not initially provide retail service to end users.
Upon implementation of retail service, applicant does not intend to collect advanced deposits
from customers. In the event Contact Communications does collect advanced deposits, it will
promptly arrange for an escrow account with a bonded escrow agent in accordance with the
Commission rules.
Dated this day of November, 2005.
CONTACT COMMUNICATIONS, INC.
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Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564 - Boise 83701
Boise, Idaho 83702
Tel: 208-343-7500
Fax: 208-336-6912
Attorneys for Contact Communications, Inc.
APPLICATION OF CONTACT COMMUNICATIONS, INc. - 6
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Application of
CONTACT COMMUNICATIONS, INC. was delivered to the following individual(s) by the
method indicated on the 'l-tl1.day of November, 2005.
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
J Regular United States Mail
( v1 Hand Delivered
J Via Fax
( JOth
APPLICATION OF CONTACT COMMUNICATIONS, INc. - 7
A.~-
CID: 2000-00402555
WY Secretary of State
Secretary of State
State of Wyoming
The Capitol
Cheyenne, Wyoming 82002
ARTICLES OF INCORPORATION
I. Corporate Name:Contact Communications
II. Number and class of shares which the
corporation is authorized to issue that together
have unlimited voting rights:
10,000,000 (common)
III. Number and class of shares which are
entitled to receive the net assets of the
corporation upon dissolution: (This class of
shares may also be the class of shares that
together have unlimited voting rights.
10,000,000 (common)
IV. The registered agent and street address of
its registered office are:
Alexander K. Davison
1920 Thomes Avenue, Suite 600
Cheyenne, Wyoming 82001
V. The name and address of the incorporator
IS:
Alex Davison
1920 Thomes Avenue
Cheyenne, Wyoming 82001
For name availability purposes , list the type of
business the corporation will be conducting
and the counties in which the corporation will
be doing business:
Business: Communications and all
other legal purposes.
Counties: All counties within
Wyoming, but not limited thereto.
Signed --:2
Alex DavIson
, .
Date
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Exhibit A
Page 1 of 3
FILED: 06/04/2001
cm: 2000-00402555
WY Secretary of State
ARTICLES OF AMENDMENT Doc. 10: 2001-00421276
Wyoming Secretary of State
Corporations Division
The State Capitol Building
Cheyenne, WY 82002-0020
1. The name of the corporation is: Contact Communications
2. Article VI is added as follows:
Please see attached Amended Articles of Incorporation
3. The amendment was adopted on May 17, 2001 , by the shareholders.
4. The designation, number of outstanding shares, number of votes entitled tq,
, cast by each voting group entitled to vote separately on the amendment:
~:::,
600,000; and the number of votes of each voting group indisputably
represented at the meeting: 600,000.
5. Total number of votes cast for and against the amendment by each voting~-
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group entitled to vote separately on the amendment: 600,000 votes cast for
the amendment; 0 votes cast against.
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6. The number of votes cast for the amendment by each voting group was
sufficient for approval by that voting group.
. ,
7. If the amendment provides for an exchange, reclassification, or cancellation of
issued shares, provisions for implementing the amendment if not contained in
the amendment itself: NI
DATE:5/;lS/o Signed:
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Title: President
Exhibit A I
Page 2 of 3
Secretary of State
State of Wyoming
The Capitol
Cheyenne, Wyoming 82002
AMENDED ARTICLES OF INCORPORATION
I. Corporate Name:Contact Communications
II. Number and class of shares which the
corporation is authorized to issue that together
have unlimited voting rights:
10,000,000 (common)
III. Number and class of shares which are
entitled to receive the net assets of the
corporation upon dissolution: (This class of
shares may also be the class of shares that
together have unlimited voting rights.
10,000,000 (common)
IV. The registered agent and street address of
its registered office are:
Alexander K. Davison
1920 Thomes Avenue, Suite 600
Cheyenne, Wyoming 82001
V. The name and address of the incorporator
IS:
Alex Davison
1920 Thomes Avenue
Cheyenne, Wyoming 82001
$ .
00l/share
" ,, ,,-
VI. Par Value for authorized shares:
", ,,--
For name availability purposes, list the type of
business the corporation will be conducting
and the counties in which the corporation will
be doing business:
Business: Communications and all
other legal purposes.
Counties: All counties within
Wyoming, but,not limited thereto.
Signed
~ ~
Steve Moss rook, President
Date ~l;1-5Io
G,IHDRlVE\cO'1'ICoo"'ct Comm!OO Articles oflncorporalioo,doc
Exhibit A
Page 3 of 3
uct 'I~ U:) UL:urp r-attono.uavlson AttOrneys .)u 1-o,)v-o~U~fJ. I
EXHIBITi-B-
State of Idaho
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CERTIFICATE OF AUTHORITY
CONTACT COMMUNICATIONS
dba CONTACT COMMUNICATIONS, INC.
File Number C 135201
J PETE T, CENARRUSA, Secretary of State of the State of Idaho , hereby certify
t,'lat an Application ~or Certificate of Authori1y. duly executed pursuant to the provisions
of the Idaho Business Corporation Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Certificate of Au1hority to transact business in this State and attach hereto a duplicate of
the application for such certificate.
Dared: August 16. 2000
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SECRETARY OF STATE
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Exhibit B '
Page 1 of 2
IDSOS Viewing Business Entity
IDAHO SECRETARY OF STATE
Viewing Business Entity
Page 1 of I
Ben Ysursa, Secretary of State
New Search
Get a certificate of existence for CONTACT COMMUNICATIONS
CONTACT COMMUNICATIONS
937 W MAIN ST
RIVERTON , WY 82501
Type of Business: CORPORATION , GENERAL BUSINESS
Status: GOODSTANDING, ANREPT SENT 01 Jun 2005
State of Origin: WYOMING
Date of 16 Aug 2000
Origination/ Authorization:
Current Registered Agent:CORPORATION SERVICE COMPANY
1401 SHORELINE DRIVE STE 2
BOISE , ID 83702
OrganizationallD / Filing C135201
Number:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 14 Jun 2005
Amendments:
Amendment filed 16 Aug 2000 CERTIFICATE OF
AUTHORITY
Annual Reports:
Report for year 2005 ANNUAL REPORT
Report for year 2004 ANNUAL REPORT
Report for year 2004 CHNG RAjRO
Report for year 2003 ANNUAL REPORT
Report for year 2002 ANNUAL REPORT
Report for year 2001 ANNUAL REPORT
View Document
Online
Download (TIFF
format)
View Document Online
Download (TIFF format)
View Document Online
Download (TIFF format)
View Document Online
Download (TIFF format)
View Document Online
Download (TIFF format)
View Document Online
Download (TIFF format)
View Document Online
Download (TIFF format)
Idaho Secretary of State s Main Page State of Idaho Home Page
Comments, questions or suggestions can be emailed to: sosinfo(a)idsos.state.id.
http://www . accessidaho .org/public/ sos/ corp/ search.html ?ScriptF orm. startstep=viewenti ty...1118/200txhibit B
Page 2 of 2
CO NFID ENTIAL
ATTACHMENTS
Contact Communications Price Schedule No. I
Intrastate Telecommunications Services
Regulations, Rates and Price Schedule applicable to
Retail Telecommunications Services provided by:
Contact Communications , Inc.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
T ABLE OF CONTENTSCHECK SHEET """"'--""""'---""""""""0_0-.0_.____--..--..__.--00.----0--..0'--.----'.-----..0.____..---..
CONCURRING, CONNECTING AND OTHER
P ARTI CIP A TIN G CARRIERS _-.-0"."'-'-'----------'-"'----'--'0'---'-.-----"------------..-------___.._0'0----
EXPLANATION OF SYMBOLS'----.-----------.-.-...0.._....---.----------...----.,-,-,----------,-..-..00'
EXPLANATION OF ABBREVIATIONS
.----.-.--.....---.-------------.------.....--------.-.--------.
APPLI CABILITY'-"""'.--.-..0..__._.-.----------------.---.-----.-.-.-..-.--.--..0.0..__.-0._.._.0._0..._..-------.-'
MAP OF EXCHANGE AREAS
-"-'-------------""------"-"'---------'----"-------.--.------------...--...
DEFINITIONS'-""'-'-"-""--""'----------0'_0__'___---___"'0.--...-..0-.-_.0.._...--..-.---.-_.__._0...0.-0-------...
RULES AND REGULATIONS0_.____-------------...-----.-....-..-------...--..-.-.-------.-.-......0000---'--
SERVICE OFFERINGS OOO.n._____------.--...O-..O__O--..-..--O".-- -------."-000"."--0---------""""'---'"
BASIC SERVICE RATES"'-.-0-._.._----------------...--------..-...-------.---------.......---___.._0.0"-'--'-'
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 1
CHECK SHEET
The title page, table of contents, and pages 1-23 inclusive of this Regulations , Rates and Price
Schedule are effective as of the date shown. Original and revised pages, as named below, comprise
all changes from the Original Price Schedule in effect on the date indicated.
PAGE
Title
Table of Contents
REVISION
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Issued: Monday, November 07 2005 Effective: December 1 , 2000
Steven Mossbrook, President
937 West Main
Riverton, WY
Contact Communications Price Schedule No.
Page 2
CONCURRING, CONNECTING AND OTHER P ARTICIP TING CARRIERS
CONCURRING CARRIERS
No Concurring Carriers
CONNECTING CARRIERS
No Connecting Carriers
OTHER PARTICIPATING CARRIERS
No Participating Carriers
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 3
(C)
(D)
(I)
(M)
(N)
(R)
(S)
(T)
EXPLANATION OF SYMBOLS
To signify changed listing, rule or condition which may affect rates or charges.
To signify discontinued material , including listing, rate, rule or condition.
To signify rate or charge increase.
To signify material relocated from or to another part of Price Schedule with no change in
text, rate, rule or condition.
To signify new material including listing, rate, rule or condition.
To signify reduction.
To signify reissued material.
To signify a change in wording of text but not change in rate , rule, or condition.
EXPLANATION OF ABBREVIATIONS
LATA Local Access and Transport Area. A geographic area established by the U.S. District
Court for the District of Columbia in Civil Action No. 17-, within which a Local Exchange
Company provides Communication Services.
LEC Local Exchange Company
MMS Managed Modem Service
ISP Internet Service Provider
POTS Plain Old Telephone Service
Effective: January 1, 2006Issued: Monday, November 07 2005
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 4
APPLICABILITY
This Price Schedule contains the regulations and rates applicable to the retail sales of
telecommunications services by Contact Communications between and among points within the State
of Idaho as specified herein. Service is furnished subject to the availability of facilities and subject to
transmission, atmospheric , and like conditions. This Price Schedule does not apply to wholesale
customers of Contact Communications. Rates and Regulations applicable to such service will be
determined ICB.
Issued: Monday, November 07 2005 Effective: January 1,2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 5
MAP OF EXCHANGE AREAS
The Exchange Areas to be served by Contact Communications are those areas currently served by
Qwest, through Interconnection Agreement.
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 6
DEFINITIONS
For the purpose of this Price Schedule , the following definitions will apply:
Access Coordination
Provides for the design, ordering, installation, coordination, preservice testing, service turn-
up and maintenance on a Company provided Local Access Channel.
Access Line
An arrangement which connects the Customer s telephone to a Contact Communications
designated switching center, Facility Location, or Point of Presence.
Administrative Change
A change in Customer billing address or contact name.
Alternate Access
Alternate Access is a form of Local Access except that the provider of the service is an
entity, other than the Local Exchange Carrier, authorized or permitted to provide such
service. The charges for Alternate Access may be subject to private agreement rather than
published or special Price Schedule if permitted by applicable governmental rules.
Application for Service
standard Company order form which includes all pertinent billing, technical and other
descriptive information which will enable the Company to provide a communication service
as required.
ASR
ASR (Access Service Request) means an order placed with an Access Provider for Access
Services.
Authorization Code
A numerical sequence which enables a customer to access the carrier and which is used by
the Company to identify the customer for billing purposes.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 7
Authorized User
A person, firm, corporation, or any other entity authorized by the Customer to utilize the
Carrier s service under the terms and conditions of this Price Schedule. The customer
remains responsible for payment of services.
Bandwidth
The total frequency band, in hertz, allocated for a channel.
Bill Date
The date on which billing information is compiled and sent to the customer.
Call
A completed connection between the Calling and Called Stations.
Called Station
The telephone number called.
Central Office
A Local Exchange Carrier switching system where Local Exchange Carrier customers station
loops are termination for purposes of interconnection to each other and to trunks.
Channel or Circuit
dedicated communications path between two or more points having bandwidth or
transmission speed specified in this Price Schedule and selected by a Customer.
Company
Contact Communications.
Customer
The person, firm, corporation, or governmental entity which orders service either for its own
use , as a resale carrier or as a nonprofit manager of a sharing group, and is responsible for
the payment of charged and for compliance with Company Price Schedule regulations. The
term customer also includes an entity that remains presubscribed to the Company service after
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 8
its account(s) are removed from the Company s billing system, subsequently continues to use
the company s network, and it s billed by the local exchange Carrier for such use, or
otherwise uses service for which no other Customer is obligated to compensate the Company.
Customer Premises/Customer s Premises
Locations designated by a customer where service is originated/terminated whether for its
own communications needs or for the use of its resale customers.
Customer Provided Equipment
Telecommunications terminal equipment that is located at the Customer s residence or place
of business.
Dedicated Access/Special Access
Dedicated Access between the customer s premises or serving wire center and the Company
Point of Presence or Facility Location for the origination and termination of traffic.
DS-
DS-O means Digital Signaling Level Service and is a 64 Kbps signal.
DS-
DS-l means Digital Signal Levell Service and is 1.544 Mbps.
DS-
DS-3 means Digital Signal Level 3 Service and is 45 Mbps.
Due Date
The Due Date is the date on which payment is due.
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.
Issued: Monday, November 07 2005 Effective: January 1 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 9
Facilities
The assemblage of buildings , equipment, software , wire, fiber, and other items used to
estab lish telecommunications services.
Facility Location
The Company designated location containing equipment, wire, fiber, and/or cable
connections to the Local Exchange Company network, located within collocated space of the
Local Exchange Company s Central Office. The facility is maintained for the purpose of
providing access to The Company s Service.
Individual Case Basis (ICB)
Individual Case Basis (ICB) determinations involve situations where complex Customer
specific arrangements are required to satisfactorily serve the Customer. The nature of such
service requirements makes it difficult to establish general Price Schedule provisions for such
circumstances. When it becomes possible to determine specific terms and conditions for such
offerings , they will be offered pursuant to such terms and conditions.
Initial and Additional Period
The Initial Period denotes the interval of time allowed at the rate specified for a connection
between given service points. The Additional Period denotes the interval of time used for
measuring and charging for time in excess of the Initial Period.
Installation
The connection of a circuit or port for new , changed or an additional service.
Interruption
Interruption shall mean a condition whereby the service or a portion thereof is inoperative
beginning at the time of notice by the customers to the Company that such service is
inoperative and ending at the time of restoration.
Kbps
Kilobits per second.
LATA (Local Access Transport Area)
Issued: Monday, November 07 2005 Effective: January I, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 10
geographical area established for the provision and administration of communications
service of a Regional Bell Operating System.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page
Local Access
Local Access means the service between a Customer Premises and a Company-designated
Point of Presence of Facility Location within the same LEC Serving Wire Center.
Local Access Provider
Local Access Provider means an entity providing Local Access.
Local Exchange Carrier (LEC)
The local telephone utility that provides local telephone exchange and access service.
Mbps
Megabits per second.
Multiplexing
Multiplexing, or "muxing , is the sequential combining of lower bit rate services or circuits
onto a higher bit rate service or circuit for more efficient facility capacity or vice versa.
Not Available.
N/C
No Charge.
Nonrecurring Charges
Nonrecurring Charges are one-time charges.
Operator Assisted Call
A telephone connection complete through the use of the Company s Operator Services.
Issued: Monday, November 07, 2005 Effective: January I , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 12
Payment Method
The manner which the customer designates as the means of billing charges for calls using the
Company s service.
Parties
The Company and any customer that agree to, by signature, terms and conditions of any
contract or agreement between them.
Point of Presence (POP)
The Company designated location containing equipment, wire, fiber , and/or cable
connections to the other Telecommunications Carriers ' networks located outside of the Local
Exchange Company s Central Office. The facility is maintained for the purpose of providing
access to its service.
Rate Center
A specified geographical location used for determining mileage measurements.
Restore
To make service operative following an interruption by repair, reassignment, rerouting,
substitution or component parts, or otherwise , as defmed by the carrier(s) involved.
Service
Service means any or all service(s) provided pursuant to this Price Schedule.
Service Commitment Period
The term elected by the customer and stated on the service order during which the Company
will provide the services subscribed to by the customer.
Serving Wire Center
The Central Office of a Local Exchange Company for the purposes of providing
telecommunications services.
Special Promotional Offerings
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 13
Special trial offerings , discounts , or modifications of its regular service offerings which the
Company may, from time to time, offer to its customers for a particular service. Such
offerings may be limited to certain dates , times and locations.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 14
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 LEC
provided business or residential access line. The cost of switched Feature Group access.
Third Number Billing
An Operator Assisted Call for which charges are billed not to the originating number but to
another telephone number which is neither the originating nor the terminating telephone
number.
Travel Card Call
A service whereby the customer or authorized user dials all of the digits necessary to route
and bill a call placed from a location other than his/her residence or normal place of business.
Service is accessed via a "800" or other access code dialing sequence.
United States
The forty-eight states contained within the mainland United States, the District of Columbia
Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands.
V & H Coordinates
Geographic points which define the originating and terminating points of call in mathematical
terms so that the airline mileage of the call may be determined. Call mileage may be used for
the purpose of rating calls.
II.RULES AND REGULATIONS
Undertaking of the Company
Contact Communications services and facilities are furnished for communications originating
within the State of Idaho terms of this Price Schedule. The Company s services and
facilities are available twenty-four (24) hours per day, seven (7) days per week.
Any member of the general public (including any natural person or legally organized entity
such as a corporation, partnership, or governmental body) is entitled to obtain service under
this Price Schedule, provided that the Company reserves the right to deny service: (A) to any
Customer that, in the Company s reasonable opinion, presents an undue risk of nonpayment
(B) in circumstances in which the Company has reason to believe that the use of the service
would violate the provisions of this Price Schedule or any applicable law or regulation, or if
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 15
any applicable law or regulation restricts or prohibits provision of this servIce , or (C) if
insufficient facilities are available to provide the service.
Use of Service
The services offered herein may be used for any lawful purpose, including residential
business , governmental, or other use. However , the Customer remains liable for all
obligations under this Price Schedule notwithstanding such sharing or resale and regardless of
the Company s knowledge of the same. The Company shall have no liability to any person or
entity other than the Customer. The Customer shall not use nor permit others to use the
service in a manner that could harm the facilities of the Company or others or that is
inconsistent with any applicable law or regulation.
Limitations
Service is offered subject to the availability of facilities and the provisions of this
Price Schedule. The Company reserves the right to refuse to provide service to or
from any location where it has not ordered facilities installed network
interconnections or the necessary facilities and/or equipment are otherwise not
available.
2. The Company reserves the right to discontinue service when necessitated by
conditions beyond its control , or when the Customer is using the service in violation
of the provisions of this Price Schedule , or in violation of the law.
3. The Company does not undertake to transmit messages, but offers the use of its
facilities when available , and will not be liable for errors in transmission or for failure
to establish connection.
3.4.The Company reserves the right to discontinue service, limit service , or to impose
requirements on Customers as required to meet changing regulatory or statutory rules
and standards , or when such rules and standards have an adverse material affect on
the business or economic feasibility of providing service, as determined by Contact
Communications.
Billing begins on the date that service becomes effective and is provided on the basis
of a minimum period of at least one month. For the purpose of computing charges in
this Price Schedule, a month is considered to have 30 days. When a service is
discontinued prior to the expiration of the minimum period, charges are applicable
whether the service is used or not.
Issued: Monday, November 07 2005 Effective: January 1 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 16
6. Service will be provided until cancelled by the Customer on not less than thirty (30)
days written notice from the date postmarked on the letter giving notice of
cancellation.
7 The Service Commitment Period for any service shall be established by the service
order relevant thereto and commence at the start of service. Upon the expiration of the
Service Commitment Period term, the Service Commitment Period shall automatically
be extended unless written notice of termination by either the Company or Customer
received by the other party thirty (30) days prior to the expiration of the Service
Commitment Period.
Early termination of the Service Commitment Period term will result in a penalty to
the Customer in the amount of twenty five per cent (25 %) of the amount due under
the remainder of the term. This amount is due from the Customer within thirty (30)
days after the notice of early termination of service.
2.4 Assignment or Transfer
All service provided under this Price Schedule is directly or indirectly controlled by the
Company and neither the customer nor its Authorized Users may transfer or assign the use of
service without the express prior written consent of the Company. Such transfer or
assignment shall only apply where there is no interruption of the use or location of service.
All terms and conditions contained in this Price Schedule shall apply to all such permitted
transferees or assignees, as well as all conditions of service.
Liability of the Company
Except as stated in this 2., the Company shall have no liability for damages of any
kind arising out of or related to events , acts, rights or privileges contemplated in this
Price Schedule. This Price Schedule does not limit the liability of the Company for
willful misconduct.
The liability of the Company for damages of any nature arising from errors, mistakes
omissions, interruptions , or delays of the Company, its agents, servants, or
employees , in the course of establishing, furnishing, rearranging, or changing the
service or facilities or equipment shall not exceed an amount equal to the charges
applicable under this Price Schedule (calculated on a proportionate basis where
appropriate) to the period during which such errors , mistake , omission, interruption
or delay occurs. However, any such mistakes, omissions, interruptions, delays , errors
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 17
or defects in transmission or service which are caused by or contribute to by the
negligence or willful act of the customer, or which arise from the use of the customer-
provided facilities or equipment provided by third parties, shall not result in the
imposition of any liability whatsoever upon the Company.
The Company is not liable for any act , omission or negligence of any other Local
Exchange Carrier, Other Common carrier , or other provider whose facilities are used
concurrently in furnishing any portion of the services received by the Customer, or
for the unavailability of, or any delays in, the furnishing of any service or facilities
which are provided by any Local Exchange Carrier.
5.4. The Company shall not be liable for any failure of performance hereunder due to
causes
beyond its control, including but not limited to fire, flood, or other catastrophes , Acts
of God: atmospheric conditions or other phenomena of nature, such as radiation; any
law , regulation, directive, order or request of the United States Government , or any
other government including state and local governments having any jurisdiction over
the Company or the services provided hereunder; national emergencies; civil disorder
insurrections , riots , wars , strikes , lockouts, work stoppages, or other labor problems
or regulations established or actions taken by any court or government agency having
jurisdiction over the Company.
The Company shall not be liable for any act or omission of any other entity furnishing
to the customer facilities or equipment used with the service furnished hereunder; nor
shall the Company be liable for any damages or losses due in whole or in part to the
fault or negligence of the customer or due in whole or in part to the failure of
customer-provided equipment or facilities.
6. The customer shall indemnify, defend and hold harmless the Company (including the
costs of reasonable attorney s fees) against:
(a)Claims for libel , slander, infringement of copyright or unauthorized use of any
trademark, trade name or servicemark arising out of the material , data
information, or other content transmitted over the Company s facilities or
equipment;
(b)Claims for patent infringement arising from combining or connecting the
Company s facilities or equipment with facilities , equipment, apparatus or
systems of the Customer; and
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications
(c)
Price Schedule No. 1
Page 18
All other claims (including, without limitation, claims for damage to any
business or property, or injury to , or death of, any person) arising out of any
act or omission of the Customer, the Customer s agents or authorized Users
in connection with any service or facilities or equipment provided by the
Company.
Under no circumstances whatsoever shall the Company or its officers , directors
agents, or employees be liable for indirect, incidental , special or consequential
damages.
Issued: Monday, November 07 2005 Effective: January 1 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 19
Minimum Period
The minimum period for which services are provided and for which rates and charges are
applicable is one (1) month unless otherwise specified in this Price Schedule or by mutually
agreed upon contract. When a service is disconnected prior to the expiration of the minimum
period, charges are applicable , whether the service is used or not.
Billing and Payment for Service
Responsibility for Charges
1. a Customer shall perform those duties outlined in herein, any related
Agreement signed between the Parties , and in Company-accepted Service Order
Forms.
1. b Charges for installations , service connections, moves, rearrangements
and prepaid services, where applicable, are payable upon demand to the Company or
its authorized agent. Billing thereafter will include recurring charges and actual usage
as defined in this Price Schedule.
1. c Charges for the Service shall be determined according to the pricing set
forth herein or agreed upon by written Agreement between the Parties. Recurring
charges shall be invoiced by The Company on a monthly basis and non-recurring
charges shall be invoiced in arrears. If the Start of Service Date for any Service falls
on any day other than the first day of the month, the first invoice to the customer shall
consist of: (i) the pro-rata portion of the applicable monthly recurring charge
covering the period from the Start of Service Date to the first day of the subsequent
month.
1.d The customer shall be responsible to pay The Company all charges
applicable to the Services regardless of: (i) whether the customer mayor may not use
the Services; or (ii) whether the customer mayor may not use the Services due to the
unavailability, incompatibility, or other impairment of customer-provided transport or
backhaul circuits not provided by The Company.
1. e In the event that the customer disconnects a Service or terminates any
written Agreement between the Parties prior to the full Service Term, for reasons
other than Cause or an Upgrade (as defined herein), the customer shall pay all
applicable Termination and Cancellation charges to The Company at once as set forth
herein or a relevant written Agreement between the Parties, as well as all applicable
Termination and Cancellation charges for related services ordered on behalf of the
customer.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 20
Payment for Service
The customer is responsible for payment of all charges for services
furnished to the customer or its joint or authorized users. This responsibility is not
changed due to any use , misuse, or abuse of the customer s service or customer-
provided equipment by third parties , the customer s employees , or the public. This
includes payment for calls or services that originate at the customer s number(s), are
accepted at the customer s number s (e.g. collect calls), are billed to the customer
number(s) via Third Number Billing if the customer is found to be responsible for
such call or service, the use of a Calling Card, or the use of a Company-assigned
Special Billing Number, and incurred at the specific request of the Customer.
Customer bills will be mailed by the of each month and are due
upon receipt. Any amount left unpaid by the of the month (payment date), will
be past due and may be subject to a Late Payment Fee. If such payment date would
cause payment to be due on a Saturday, Sunday or any legal holiday observed in the
state , payment for such bills will be due from the customer as follows:
If such payment date falls on a Saturday, Sunday or a Holiday which is
observed on a Monday, the payment date shall be the first non-holiday day following
such Saturday, Sunday or Holiday. If such payment date falls on a Holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment date shall be the
next non-Holiday day following such Holiday.
Issued: Monday, November 07 , 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 21
Late Payment Fee
Amounts not paid by the payment date of the invoice will be considered past due.
Customers may be assessed late fees on past due amounts at the rate of 1.5 % of the
unpaid balance. If a customer presents an undue risk of nonpayment at any time, the
Company may require that Customer to pay bills within a specified number of days
and to make such payments in cash or of the equivalent of cash.
7.4 Return Check Charge
The Company reserves the right to assess a return check charge of $15.00 whenever a
check or draft presented for payment of service is not accepted by the institution upon
which it is written.
Other
Disputes with respect to charges must be presented to the Company within days
from the date the invoice is rendered or such invoice will be deemed to be correct and
binding on the Customer.
In the event the Company incurs fees or expenses, including attorney s fees , in
collecting, or attempting to collect , any charges owed the Company, the Customer
will be liable to the Company for the payment of all such fees and expenses
reasonably incurred.
Deposits
The Company reserves the right to examine the credit record of customer. If the customer
financial condition is unknown or unacceptable to the Company, the customer may be
required to post a security deposit in the amount not greater than three (3) months of the
service requested. The Company may apply this deposit against overdue charges. The fact
that a security deposit has been made in no way relieves the customer from the prompt
payment of bills upon presentation. The unused portion of the security deposit, without
interest, will be returned to customer thirty (30) days after termination of service.
Taxes and Fees
The Company reserves the right to bill any and all applicable taxes and fees 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 , Gross Receipts Tax
and Access Charges. Such taxes and fees are in addition to rates as quoted in this Price
Schedule and will be itemized separately on Customer invoices.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 22
10.1 Interconnection
10.1 Service furnished by the Company may be interconnected with services or facilities of
other authorized communications common carriers and with private systems , subject
to technical limitation established by the Company. Service furnished by the Company
is not part of a joint undertaking with such other common carriers or systems. The
Company does not undertake to provide any special facilities , equipment, or services
to enable the customer to interconnect the facilities or the equipment of the Company
with services or facilities of other common carriers or with private systems.
10.2 Interconnection with the services or facilities of other common carriers shall be under
the applicable terms and conditions of this Price Schedule and the other common
carrier s Price Schedules.
Inspection, Testing and Adjustment
The Company may, upon reasonable notice, make such tests and inspections as may be
necessary to determine whether the terms and conditions of this Price Schedule are being
complied with in the installation, operation or maintenance of the Customer s or the
Company s facilities or equipment. The Company may interrupt service at any time, without
penalty or liability, due to the departure from or reasonable suspicion of the departure from
any of these terms and conditions.
Credit Allowances for Interruption of Service
12.1 Credit allowances for interruptions of service which are not due to the Company
inspection or testing, to the negligence of the customer, or to the failure of channels
equipment and/or communications systems provided by the customer, are subject to the
general liability provisions set forth in this Price Schedule.
12.2 It shall be the obligation of the customer to notify the Company immediately of any
interruption in service for which a credit allowance is desired by customer. Before giving
such notice , the customer shall ascertain that the trouble is not within his or her control , or is
not in wiring or equipment, if any, furnished by customer.
For purposes of credit computation every month shall be considered to have 30 days. The
customer shall be credited in accordance with the Service s Service Level Agreement.
Cancellation by the Customer
Issued: Monday, November 07 2005 Effective: January I , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 23
The customer may have service discontinued upon notice to the Company. The Company
shall hold the customer responsible for payment of all bills for service furnished as detailed in
6 herein.
Discontinuance of Service
14.1 Upon nonpayment of any sum that is more than 30 days overdue to the Company, or
any violation of any provisions governing the furnishing of service under this Price
Schedule , the Company may, upon written notification to the customer, without
incurring any liability, immediately discontinue the furnishing of such service.
cCustomer shall be deemed to have cancelled service as of the date of such
disconnection and shall be liable for any cancellation charges set forth in this Price
Schedule.
14.2 The Company reserves the right to discontinue furnishing services or billing options
upon written notice, when necessitated by conditions beyond its reasonable control.
14.3 Service may be discontinued by the Company, without notice to the customer, by
blocking traffic to or from certain cities, or NXX exchanges , or by blocking calls
using certain customer authorization codes such as Calling Card codes when the
Company deems it necessary to take such action to prevent unlawful use of the
service. The Company will restore service as soon as it can be provided without
undue risk.
14.4 Without incurring any liability, the Company may discontinue the furnishing of
service(s) to a customer immediately and without notice if the Company deems that
such action is necessary to prevent or to protect against fraud or to otherwise protect
its personnel , agents , facilities or services.
14.5 The discontinuance of service by the Company pursuant to this Section does not
relieve the customer of any obligations to pay the Company for charges due and
owing for service(s) furnished up to the time of discontinuance.
14.6 The customer whose check or draft is returned unpaid for any reason, after one
attempt at collection, shall be subject to discontinuation of service in the same manner
as provided for nonpayment of overdue charges.
14.7 The remedies set forth herein shall not be exclusive and the Company shall at all times
be entitled to all rights available to it under either law or equity.
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. I
Page 24
14.8 Except as otherwise provided in the Price Schedule, or as specified in writing by the
party entitled to receive service, notice may be given orally or in writing to the
persons whose names and business addresses appear on the executed service order.
15 Restoration of Service
If service has been discontinued for nonpayment or as otherwise provided herein and the
customer wishes it continued , service shall , at the Company s discretion, be restored when all
past due amounts are paid or the event giving rise to the discontinuance (if other than
nonpayment) is corrected.
16 Use of Recording Devices
Customers and Authorized Users who use recording devices do so at their own risk. A
customer or authorized user may only use a recording device if the customer or authorized
user complies with the requirements of the applicable State and Federal law.
17 Special Customer Arrangements
For special equipment and arrangements furnished due to customer request for such in
connection with the provision of service, charges equivalent to the actual cost of furnishing
such requested equipment or arrangements apply. Actual cost consists of an estimate of the
cost of maintenance; cost of operation; depreciation based on the estimated useful life of the
facilities with an appropriate allowance for estimated net salvage; administration, taxes and
uncollectible revenue on the basis or reasonable average charges for these items; any other
specific items of expense associated with the particular situation; and a reasonable amount
computed on the estimated cost installed of any facilities provided for return contingencies.
Actual cost installed as mentioned above includes cost of equipment and materials specifically
provided or used plus the estimated cost of installing, including engineering, labor
supervision, transportation, rights of way and other items which are chargeable to the capital
accounts.
Issued: Monday, November 07, 2005 Effective: January 1 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 25
18 Other Terms and Conditions
18.1 The provision of service will not create a partnership or joint venture between the
Company and the customer nor result in joint service offerings to their respective
customers.
18.2 A customer shall not use any service mark or trademark of the Company or refer to
the Company in connection with any product , equipment, promotion, or publication of
the customer without prior written approval of the Company.
18.3 If an entity other than the Company (e., another carrier or a supplier) imposes
charges on the Company in connection with a service , that entity's charges may, at the
Company s option, be passed through to the custOmer.
18.4 In the event suit is brought or an attorney is retained by the Company to enforce the
terms of this Price Schedule, the Company shall be entitled to recover, in addition to
any other remedy, reimbursement for reasonable attorney s fees, court costs, costs of
investigation and other related expenses incurred in connection therewith.
18.5 The failure to give notice or default, to enforce or insist upon compliance with any of
the terms or conditions herein, the waiver of any term or condition herein, or the
granting of an extension of time for performance by the Company or the customer
shall not constitute the permanent waiver of any term or condition herein. Each of the
provisions shall remain at all times in full force and effect until modified in writing.
III.SERVICE OFFERINGS
General
Service offerings in their entirety can be viewed by the customer at The Company
headquarters during regular business hours, Monday through Friday 8:00AM through 5:00
PM. M.
Description of Service Offerings
The Company offers a range of local exchange and wholesale services, including two-way
voice communications, but excluding traditional single line telephone service.
The Company will provide advanced data services including MMS (Managed Modem
Service), Dedicated Transport circuits, Local High-Capacity circuits , and IP Bandwidth
connectivity on a wholesale basis to Internet Service Providers and other retail service
Issued: Monday, November 07, 2005 Effective: January I , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 26
providers. VOIP (Voice Over Internet Protocol) services are not available at this time, but
may be available in the future.
1 Managed Modem Service
The Company s Managed Modem Service is a high-quality V.92 managed modem service
utilizing industry-proven hardware and uses Dialed Number Identification Service (DNIS) to
rapidly route an end-user to the appropriate retail service provider. The Company provides
dial-in telephone numbers for its service as well as local number portability (if requested)
capabilities.
Local Clear Channel Transport
The Company s Local Clear Channel Transport service is a point-to-point, Intra-Wire Center
dedicated non-switched electrical transmission, over a physical cross-connect between The
Company s Facility Location and the customer s or end-user s adjacent Cable Connection or
Demarcation point. The Service provides a fixed capacity of bandwidth for transport of
customer s or end-user s digital communications traffic which originates and terminates a
physical connection at a Company-specified demarcation point located in The Company
Facility Location. The Service shall extend to and include the equipment in The Company
Facility Location maintained by The Company that is necessary to connect the Service to the
customer or end-user from The Company s Facility Location to the customer s or end-user
Cable Connection or Demarcation point. Related Transport circuitry and/or Internet
Bandwidth or Access are not included as part of the Service, but may be ordered in
conjunction with the Service through The Company.
Intrastate Clear Channel Transport
The Company s Intrastate Clear Channel Transport is a point-to-point, IntraLATA, dedicated
non-switched electrical transmission, over a physical circuit between two (2) Company
Facility Locations. The Service provides a fixed capacity of bandwidth for transport of the
customer s or end user s digital communications traffic which originates and terminates a
physical connection at a Company-specified demarcation point located in The Company
Facility Location. The Service is offered hereunder at per Megabit transmission rates. The
Service shall extend to and include the equipment maintained by The Company that is
necessary to connect the Service to the customer or end user from The Company Facility
Location to the customer s or end user s Central Office Cable Connection Point. Related
services/circuits , including but not limited to, cross-connect data transport feeds, Managed
Modem Service , Local Clear Channel Transport, and Internet Bandwidth connectivity are not
included as part of the Service, but may be ordered in conjunction with the Service through
The Company.
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 27
2.4 IP Bandwidth Service
The Company s IP Bandwidth Service delivers a fixed capacity of bandwidth, as ordered by
the customer, to the Internet Backbone from its Internet Gateways. The Company utilizes
Tier 1 Internet Backbone Providers and best-path routing via The Company s Border
Gateway
Protocol announcements to ensure best-available and direct routing of the customer s and
end-
user s digital communications traffic to destination sites. The Service is offered hereunder at
per Megabit transmission rates. The Service shall extend to and include the equipment
maintained by The Company, at its Internet Gateways , that is necessary to connect the
Service to the customer from The Company s Internet Gateway, within The Company
Facility Location, to the customer s connecting data circuits. The customer s connecting data
circuit may be through Local Clear Channel Transport, other Dedicated Transport circuits, or
Intrastate Clear Channel Transport. Related services/circuits , including but not limited to
cross-connect data transport feeds , Managed Modem Service , Local Clear Channel
Transport, and Intrastate Clear Channel Transport are not included as part of the Service, but
may be ordered in conjunction with the Service through The Company.
Customer Orders; Service Acceptance , Upgrade and Termination
1 The Company shall provide the requested Service to customer if and to the extent that
the following conditions are fully satisfied: (i) The Company receives and accepts a valid
Service Order Form from the customer requesting the Service in accordance with the terms
and conditions of herein or according to a written Agreement between the Parties , and (ii)
The Company determines , in its sole discretion, that adequate capacity is available within The
Company Facility Location and/or Point-of-Presence. The Company reserves the right to
delay, reject, or terminate any customer-submitted Service Order Form in its reasonable
discretion prior to the delivery of the ordered Service thereunder.
2 The customer agrees to submit Service Order Forms electronically to The Company
via e-mail (orders(Qicontactcom. net) or facsimile (307-856-1499). Service Order Forms
submitted via unapproved means may not be accepted. Upon receipt of any customer Service
Order Form, which does not contain complete and accurate information, The Company shall
promptly notify the customer of the need for additional information and the customer
resubmit a valid and complete Service Order Form to The Company thereafter. The
Company shall identify on each submitted Service Order Form the desired delivery date of
the Service ordered from The Company.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 28
3 Upon receipt of a valid and complete Service Order Form, if the customer Desired
Due Date is within The Company s standard installation interval, then within two (2) business
days The Company shall provide to customer a due date upon which The Company will
install the Service and make it available for testing and/or use.
3.4 The Company reserves the right to issue revised pricing or due date should the
customer request changes after The Company s acceptance of a Service Order Form. The
Company shall use reasonable commercial efforts to install each ordered Service on or before
the before the Due Date based upon (i) The Company s standard installation interval
guidelines , as amended by The Company from time to time, and (ii) when applicable , any
relevant The Company s provider s due dates; however the inability of The Company to
deliver the ordered Service by such date shall not be deemed an Outage or a default under
this Tariff or relevant written Agreement signed by the Parties.
5 The customer orders that require The Company to arrange for third-party services on
behalf of the customer s end-user require an acceptable Letter of Agency (LOA) to be
obtained and stored by the customer. The Company reserves the right to request proof of
customer-obtained LOA and , in its sole discretion, The Company reserves the right to reject
a Service Order Form until the requested LOA has been provided, by the customer, to The
Company.
6 The Company will not provide support directly to, nor interface with, any end-user.
The customer is responsible for (i) selecting the end-users that are permitted to access each
Service; (ii) implementing with the end-users appropriate terms , conditions , and measures to
ensure that all end-users comply with the terms and conditions herein or any written
Agreement signed by the Parties; (iii) establishing the end-users ' rights to access each
Service; (iv) providing training, copying, installing and distributing any Software (and
updates , if any) to the end-users; and (v) in the case of any Service the customer is permitted
to resell under this Tariff or any written Agreement signed by the Parties, billing and
collecting any amounts the customer elects to charge its end-users in connection with such
Service.
3.4 Start of Service
The start of service for each ordered Service (the "Start of Service Date ) shall begin at the
earliest to occur of (i) the date on which the customer activates the Service or (ii) the date on
which the Service is made available for use by The Company to the customer after
completion of Acceptance Testing as set forth in the applicable Service s Service Guide. The
Company shall provide notice that a Service is ready for acceptance by delivering to the
customer a service acceptance letter, confirming that the Service is ready for the customer
acceptance. If: (i) the customer fails to give written notice that the Service is in material non-
compliance with the applicable standard Company network specifications , as modified from
time to time by The Company (as set forth in the applicable Service Guide) within five (5)
Issued: Monday, November 07, 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 29
business days after The Company sends the customer the service acceptance letter; or (ii) the
customer places live traffic on the Service after notification by The Company that the Service
is available , then the customer shall be deemed to have accepted such Service, and the Start
of Service Date shall commence as of the date the service acceptance letter is sent to the
customer by The Company. Following notice by the customer of material non-compliance as
set forth above, The Company shall take such reasonable action as is necessary to correct any
such non-compliance in the Service and shall , upon correction, notify the customer of a new
Start of Service Date.
Customer Orders; Disconnect Service
1 Upon receipt by The Company of a valid Service Order Form to disconnect Service
The Company shall send the customer a written circuit disconnect order acknowledgement
confirming the request to disconnect the Service.
6.2 The customer may cancel any Service Order Form submitted to The Company or any
Service validly ordered from the Company within two (2) business days from the date in which
the customer receives the customer Commit Due Date by providing The Company with written
notice of such cancellation on a Service Order Form. If the Service or Service Order Form is
cancelled by the customer more than two (2) business days after the date in which the customer
receives the scheduled due date, but prior to the scheduled due date, the customer shall be
responsible to pay all applicable charges incurred by The Company to provision and install
such Service in full, including but not limited to, third party cancellation charges (if any are
incurred).
3 If the Customer cancels Service ordered from The Company by providing The
Company with written notice of such cancellation on or "after the due date, the customer shall
pay to The Company all Termination Liability charges for each cancelled Service ordered as
described herein or within any written Agreement signed by the Parties.
Service Level Agreements
Service Level Agreements , for all services offered by the Company, in their entirety can be
viewed by the customer at The Company headquarters during regular business hours,
Monday through Friday 8:00AM through 5:00 PM. M.
Promotions
From time to time the Company shall, at its option, promote subscription or stimulate
network usage by offering to waive some or all of the nonrecurring or recurring charges for
the Customer (if eligible) of target services for a limited duration. Such promotions shall be
made available to all similarly situated Customers in the target market area.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications
IV.SERVICE RATES
Price Schedule No.
Page 30
Managed Modem Service
1.1 Non-Recurring Rates - All Service Terms
Ports in Service
24-
97-336
337-672
673-344
345 +
Charge per Service Order
$100.
$100.
$100.
$100.
$100.
Charge per lVIMS Port
$30.
$30.
$30.
$30.
$30.
1.2 Recurring Rates
1.2.a One-Year Service Term
Total Ports in Service
24-
97-336
337-672
673-344
345 +
1.2.Two- Year Service Term
Total Ports in Service
24-
97-336
337-672
673-344
345 +
1.2.Three-Year Service Term
Total Ports in Service
24-
97-336
337-672
673-344
345 +
1.2.Four-Year Service Term
Per lVIMS Port Monthly Rate
$24.
$23.
$22.
$22.
$21.25
Per lVIMS Port Monthly Rate
$23.
$23.
$22.
$21.50
$20.
Per lVIMS Port Monthly Rate
$23.
$22.
$21.75
$21.00
$20.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 31
Total Ports in Service
24-
97-336
337-672
673-344
345 +
1.2.Five-Year Service Term
Total Ports in Service
24-
97-336
337-672
673-344
345 +
Intrastate Clear Channel Transport
1 One-Year Service Term
1.a Non-Recurring Rates
Circuit Size and Length
DSI - 1 to 8 Miles
DS 1 - 9 to 25 Miles
DS 1 - 26 to 50 Miles
DSI - 51 + Miles
DS3 - 1 to 8 Miles
DS3 - 9 to 25 Miles
DS3 - 26 to 50 Miles
DS3 - 51 + Miles
1.b Recurring Rates
Per MMS Port Monthly Rate
$22.
$22.
$21.25
$20.
$19.
Per MMS Port Monthly Rate
$22.
$21.25
$20.
$19.
$19.
Charge per Circuit
$540.
$540.
$540.
$540.
$540.
$540.
$540.
$540.
Port Termination Base Circuit Per Mile
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 32
Circuit Size and Length Monthly Rate Monthly Rate Monthly
Rate
DSI - 1 to 8 Miles $60.$43.$4.
DS 1 - 9 to 25 Miles $60.$44.$4.
DS 1 - 26 to 50 Miles $60.$46.$2.
DSI - 51 + Miles $60.$45.$0.
DS3 - 1 to 8 Miles $60.$284.$67.
DS3 - 9 to 25 Miles $60.$288.$21.82
DS3 - 26 to 50 Miles $60.$266.$26.
DS3 - 51 + Miles $60.$280.$18.
2 Three-Year Service Term
a Non-Recurring Rates
Circuit Size and Length
DSI - 1 to 8 Miles
DS 1 - 9 to 25 Miles
DS 1 - 26 to 50 Miles
DSI - 51 + Miles
DS3 - 1 to 8 Miles
DS3 - 9 to 25 Miles
DS3 - 26 to 50 Miles
DS3 - 51 + Miles
Charge per Circuit
$513.
$513.
$513.
$513.
$513.
$513.
$513.
$513.
Recurring Rates
Port Termination Base Circuit Per Mile
Circuit Size and Length Monthly Rate Monthly Rate Monthly
Rate
DS 1 - 1 to 8 Miles'$57.$41.22 $3.
DS 1 - 9 to 25 Miles $57.$42.$3.
DS 1 - 26 to 50 Miles $57.$44.$2.
DSI - 51 + Miles $57.$42.$0.
DS3 - 1 to 8 Miles $902.$269.$64.
DS3 - 9 to 25 Miles $902.$273.$20.
DS3 - 26 to 50 Miles $902.$253.$25.
DS3 - 51 + Miles $902.$266.$17.
Issued: Monday, November 07 2005 Effective: January 1 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 33
3 Five-Year Service Term
a Non-Recurring Rates
Circuit Size and Length
DSI - 1 to 8 Miles
DS 1 - 9 to 25 Miles
DS 1 - 26 to 50 Miles
DSI - 51 + Miles
DS3 - 1 to 8 Miles
DS3 - 9 to 25 Miles
DS3 - 26 to 50 Miles
DS3 - 51 + Miles
Charge per Circuit
$486.
$486.
$486.
$486.
$486.
$486.
$486.
$486.
Recurring Rates
Port Termination Base Circuit Per Mile
Circuit Size and Length Monthly Rate Monthly Rate Monthly
Rate
DSI - 1 to 8 Miles $54.$39.$3.
DS 1 - 9 to 25 Miles $54.$39.$3.
DS 1 - 26 to 50 Miles $54.$41. 94 $2.
DSI - 51 + Miles $54.$40.$0.
DS3 - 1 to 8 Miles $855.$255.$61.00
DS3 - 9 to 25 Miles $855.$259.40 $19.
DS3 - 26 to 50 Miles $855.$239.$24.
DS3 - 51 + Miles $855.$252.$16.
Local Clear Channel Transport
1 Non-Recurring Rates
Circuit Size and SWC Zone
DSI - Zone 1
DSI - Zone 2
DSI - Zone 3
DS3 - Zone 1
Charge Per Circuit
$160.
$160.
$160.
$160.
Issued: Monday, November 07 2005 Effective: January 1 , 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No.
Page 34
DS3 - Zone 2
DS3 - Zone 3
Recurring Rates
Circuit Size and SWC Zone
DSI - Zone
DSI - Zone 2
DSI - Zone 3
DS3 - Zone
DS3 - Zone 2
DS3 - Zone 3
4.4 IP Bandwidth Service
4.4.1 Non-Recurring Rates
IP Bandwidth Set-
Or Augment
Any Increment
4.4.Recurring Rates
Bandwidth Amount
10M
11M
$160.
$160.
Monthly Rate
$135.
$135.
$152.
692.
707.
071.95
Charge Per Order
$500.
Monthly Rate
$132.
$265.
$398.
$531.95
$640.
$768.
$896.
024.
152.
280.
354.
4.4.Recurring Rates (continued)
Bandwidth Amount
12M
13M
14M
Monthly Rate
$1,477.
600.
723.
Issued: Monday, November 07 2005 Effective: January 1, 2006
Steven Mossbrook, President
937 West Main
Riverton, WY 82501
Contact Communications Price Schedule No. 1
Page 35
15M
16M
17M
IBM
19M
20M
25M
30M
773.
891.95
009.
127.
245.
364.
932.
398.
Issued: Monday, November 07 2005 Effective: January I , 2006
Steven Mossbrook, President
937 West Main
Riverton, vrY 82501