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Home My WebLink About20060201Application.pdfwww. jjjGI~coifliM. com:=~ c;c, ...... Best Quality, Best Service, and Simply the Best Choice for Your Internet Access ))2.1 -1-- Ob-O Idaho Public Utilities Commission POBox 83720 Boise, Idaho 83720-0074 January 9, 2006 Dear Commissioners; Please find enclosed our CLEC application and tariff.If Y be of any service... please do not hesitate to call. i de t persona fjOds Il /J ~ E. cr Owner/manager ':::~ ,,::;1x:- " "~ ",.. 0 -' -.-, .'-~..~ v: .. ..-~ c/) : v; ::::,.$:'"'" CELLULA RONE"Authonzed Dealer 110 N. Washington Ave. Emmett, ID 83617 d1SR ~:1~~:s0 R K Pictures Your ONE-STOP SHOP for ALL your Digital Comm unications needs!" Phone: 398-7000 info(IDdigicom256.com Fax: 398-8000 D2l--t-Ob-ol ;~D APPLICA TION FOR CERTIFICATION New local telecommunications providers applying for a Certificate ofPulili'bhJe~;i tg'1 In: OLi and Necessity to provide basic local exchange service in Idaho must submit thK~oll().~i\1g." , ' infonnation: "niUIIES CrHiiJSS!OlJ Proposed Services Oigi-Comm s goal is to provide both dial-up and high speed Intel11et access, Dial Tone Long Distance, Multiple customer convenience services, and digital streaming TV to home and business. These services bundled together are collectively referred to as the Triple Play . Our specialty is to provide FTTH (fiber to the home) and FTTB (fiber to the business) and this is the basis of our business model. Also anticipated is monitored security and mobile Internet. II. Fonn of Business 1. Digital Communications aka Digi-Comm aka www.digi-comm.com a. Oigi-Comm is currently a sole Proprietorship but it is anticipated to become a LLC or a corporation before the calendar year is over (1) Digi-Comm is owned 100% by Dr. Larry E. Cromwell ND , the business is located at 110 N. Washington Ave., Emmett, Idaho 83617 , 208 398- 7000 (2) The business name of the sole proprietorship is Digital Communications aka Digi-Comm. 3. Names and addresses of the officers and directors of applicant: The sole proprietorship is owned 100% by Dr. Larry E. Cromwell, ND, lION. Washington Ave., Emmett, Idaho 83617 4. Name and address of any corporation, association, or similar organization holding a 5% or greater ownership or a management interest in the applicant. As to ownership, the amount and character of the interest must be indicated. A copy of any management agreement must be attached: NONE N/ A 5, Names and addresses of subsidiaries owned or controlled by applicant: NONE N/A III. Telecommunication Service 1. The date on which applicant proposes to begin construction or anticipates it will begin to provide regulated service(s): Digi-Comm would like to start the overbuild late 3 rei quatier or early 4th quarter of 2005 2. A written description of customer classes and customer servicelsJ that the applicant proposes to offer to the pubJic . Residential , small, medium and large business, MDU (multiple dwelling Units) and subdivision development(s), wholesale for resale for developers and MDU owners managed services for other s facilities and leasing out of facilities, conduit, rack space and fiber. IV. Service Territory 1. A description sufficient for dete1111ining whether service is to be offered in a patiicular location; and the names of all incumbent local exchange corporations with whom the proposed utility is likely to compete , Dial-up Internet Access, Voice , data, DSL, TI direct, media and unregulated broadband Internet will initially be focused in Gem County Idaho and then the surrounding areas. Owest is the incumbent in Emmett, Idaho 2. Written description of the intended manner of service, for example resold services or facilities based. A general description of the property owned or controlled by applicant. Both facilities based and resold services are anticipated in the initial offerings. Digi-Comm reserves the right to modify the blend of capital intensive facilities based operation vs reselling outsourced services. Digi-Comm s business model explores to possibility of locating soft switches on our CO site, Owests CO and developers premises. Economics are to be used to detie1111ine the most economical approach. 3. A statement describing with whom the applicant is likely to compete. Owest is the incumbent in Gem, Ada and Canyon Counties. 4. A description of the property owned by the applicant clarifies the applicant s proposed services and operation. Digi-Comm is considering the purchase of various soft switches, DSlams cabinets, rack mounts, fiber and fiber service equipment. V. Financial Infonnation 1. Current detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting current and prior year balances for the tweJ ve months ended as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. Since Digi-Comm is considered a new start up the initial balance sheet is attached as an addendum hereto. 2. If a balance sheet and income statement are not available, the applicant must submit financial data sufficient to establish that it possesses adequate financial resources to provide the proposed services. Digi-Comm currently is holding a funding commitment for $500,000.00 which may be viewed in our office, Due to the privacy requests of the entity extending the funding it is not furnished as public knowledge or record at this time. V1. "Illustrative" Tariff Filings Proposed initial tariff and price sheets setting forth rates, rules, tel111S , and regulations applicable to the contemplated service.~f'o-+)G-f:l:tt€-h0(..J.-a.S-tk4efffij..p,oo VII. Customer contacts 1. Contact infol111ation for the Applicant. a) The name, address , and telephone number and electronic mailing addresses (if available) of the person(s) responsible for consumer inquiries and complaints from the public. Larry E. Cromwell, 110 N. Washington Ave., Emmett, Idaho 83617 208 398- 7000, larry((i),digi-comm.com b) A toll-free number for customer inquiries and complaints. 398- 7000 c) The name, number and electronic mailing addresses (if available) of the person(s) designated as a contact for the Commission Staff for resolving complaints, inquiries and matters concel11ing rates and price lists or tariffs. Larry E. Cromwell, 110 N. Washington Ave., Emmett, Idaho 83617 208 398-7000, larry((i),di gi -comm. com VIII. Interconnection Agreements 1, Statements of whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Negotiations were initiated with Qwest in march of 2005 for interconnection agreements with: Steve Dea Wholesale - Interconnection Agreements 1801 Califomia Street, Rm 2420 Denver, CO 80202 303-965-3029 steve.dea(ci.qwest.com IX. Compliance with Commission Rules A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them, or a request for waiver of those rules believed to be inapplicable. Digi-Comm agrees to comply with any and all Idaho PUC regulations to the full extent of its ability. X. Escrow Account or Security Bond As of this date deposits are not being considered in the offering(s). Some pre-pay products may be offered at a later date, I :linternet/telecoill/cert,eloc DIGI-COMM Emmett , Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 1 of31 DIGI-COMM EMMETT, IDAHO Schedule of General Regulations For Exchange Services Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 2 of31 TABLE OF CONTENTS APPLICATION OF PRICE LlST..................,....,..,..,..........,....,....,......,................... SYMBOLS...."",..",..,.,.,.,...,..,.,.,....,.,.".,..,."..,.,.....,.,.,.......,.,.".,.,.,.,..,.,.,.",.,""",., CONTACT INFORMATION. ..........,.................,...................................,.........,...., 0 DEFINITIONS ..................................,..,........................,....,..,.......................... 0 REGULATIONS """"""""""""""""""""""""""""""""""""""""""",........ 1 UNDERTAKING OF THE COMPANY,......,..............................,......,.............., 7 2 SHORTAGE OF EQUIPMENT OR FACILITIES....,........,................................ 7 3 SELECTION OF TRANSMISSION ..,............................,..............,.................. 2.4 NOTIFICATION OF SERVICE-AFFECTING ACTIVITIES ............................. 5 PROVISION OF EQUIPMENT AND FACILITIES ....,...................................... 8 6 TERMS AND CONDITIONS ........,....,..,............,......................................,...... 9 7 NON-ROUTINE INSTALLATION AND SPECIAL CONSTRUCTION ........,.. 8 OWNERSHIP OF FACILITIES ........'..,............,..........................,..,..........,.... 9 RIGHTS-OF-WAY ,............................,..............................."......,.........,.......... 10 LIABILITY...........,......,.......................................................,.......................... 12 11 INDEMNIFICATION ..........................,......................,..,............,..,.............., 12 CONFLICTS BETWEEN PRICE LIST AND COMMISSION RULES........... 12 13 ALLOWANCES FOR INTERRUPTIONS IN SERVICE ..,........................... 14 OBLIGATIONS OF THE CUSTOMER......,..................,..,...................,........ 14 15 PROHIBITED USES ....,................,..,.............................................,............. 16 PAYMENTS ,....,..,...............,......,....,..,..........................,..,........................... 17 TAXES, CHARGES, FEES ..,......,..,..,..........,.......................................,...... 18 DEPOSITS ..,..,..........,..............,....,......,........,.......................,........,............ 19 REFUSAL OR TERMINATION OF SERVICES.................................,......... 19 20 RESTORATION OF SERVICE .........................,..........'............................,.. 23 21 ASSIGNMENT ................................'.........................,....,.....................,... 22 PROMOTIONS ....,.......,."""",.".,.".,."".,.,.......................,.,.............,......... 23 E911.............,.........................".,.,."..,.,.,.,...".,.,.,.,.,....,....,.........,.,............... 24 PUBLIC NOTICE ...........................,....................................,..,........,..,........, 0 LOCAL EXCHANGE SERVICES,............................................,....,....,........... 25 1 GENERAL........,....",..........................,....................,.",....,.,.,.,.,.....,............... 2 SERVICES DESCRIPTION ...,......,..,....,...................,....'..,..........,..,..........,.. 26 0 RATES AND CHARGES....,......,......,....,.....................,..,......,....,..............,.... 29 1 RESIDENTIAL SERVICE ........,......,............,....,...............,..........,....'............ 29 2 BUSINESS SERVICE ..,..,....,......,..,....,..............,..................,..,......,..,.......... 29 3 LINES AND TRUNKS ..............,....,......................................,..,...................... 29 4.4 OPTIONAL VERTICAL FEATURES """""""""""""""""""""""""""""'" 29 5 OPTIONAL VERTICAL FEATURES CONT. """""""""""""""""""""""'" 30 7 OTHER.,......,....................................,....".,..,.................................,.........,....., 8 NUMBER SERVICES ..,......,....,......,......,........................'....,......,..,.............., 30 9 MISC. CHARGES """"""""""""""""""""""""""""""""""""""""""""" 30 DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 3 of31 APPLICATION OF PRICE LIST DIGI-COMM (hereinafter "The Company ) has been authorized by the Idaho Public Utilities Commission (Idaho PUG) to provide competitive local exchange and inter-exchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUG, SYMBOLS Explanation of Symbols, Reference Marks, and Abbreviations of Technical Terms Used in this Price List The following symbols shall be used as set out below to describe specific changes made to the original price list. C--- Indicates a changed listing, rule , or condition , which may affect rates or charges D--- Indicates discontinued material , including a listing, rate, rule or condition 1---- Indicates an increase M---Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition N--- Indicates new material including listing, rate , rule or condition R--- Indicates a reduction S--- Indicates reissued matter T --- Indicates a change in wording of text, but not a change in rate , rule or condition, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 4 of 31 CONTACT INFORMATION DIGI-COMM 110 N. Washington Ave, Emmett, Idaho 83617 Phone: (208) 398-7000 Fax: (208) 398-8000 Customer Contact: For establishment of service , complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems, Customer Service: (208) 398-7000Maintenance: (208) 398-7000 Commission Contact: For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service: Larry Cromwell, Customer Service Manager Phone: (208) 398-7000 Fax: (208) 398-8000 Email: larry(Wdiqi-comm.com Matters concerning tariffs and regulatory affairs: Larry Cromwell Phone: 208-398-7000 Fax: 208-398-8000 Email: larry(Wdiqi-comm,com DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 5 of31 0 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines: Telephone facilities which permits access to and from the Customer s premises and the telephone exchange or serving central office. Advance Payment: A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non-recurring charges, and an estimate of up to the existing month's recurring charges and the next months' (billed in advance) recurring charges, Advance Payments will be applied to the first bill rendered by Company following implementation of services. Agent: A business representative authorized by the Company to bring about , modify, affect accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Application: A request made in writing for telephone service. Authorized User: A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI): The automatic transmission of a calling party s billing account telephone number to a local exchange Company, inter-exchange carrier or a third party subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area: A specific geographic area , within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Company or Name of Company: DIGI-COMM Customer or Subscriber: The person , firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company s regulations related to that service. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services , facilities and equipment, which recur monthly for the agreed upon duration of the service. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 6 of31 Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes, Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date, Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers, Small Business Service: Telephone service provided to businesses with five (5) or fewer lines, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 2006 Effective: January 1 , 2006 Page 7 of3l REGULATIONS 1 Undertaking of the Company 1 Scope 1 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2 The services offered herein may be used for any lawful purpose. Customers may not share or resale any of the Company s services.. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals, authorizations licenses, consents and permits. 1.4 Company services may be connected to the services or facilities of other communications carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carriers, 5 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. 2 Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service, Services will be provided using DIGI-COMM provided services and LEC or other CLEC resale services. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 8 of31 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 4 Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but arenot limited to , equipment or facilities additions, removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions , such as an outage resulting from cable damage. Provision of Equipment and Facilities 1 The Company shall make a reasonable effort to provide service to a Customer on or before particular date , subject to the provisions of and compliance by the Customer with the regulations contained in this price list. 2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the customer. The Customer shall not , and the Customer shall not permit others to , rearrange disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 9 of3l Terms and Conditions 1 Service is provided on a minimum term basis of at least one month, using 24-hours per day for each day of the month. For purposes of this price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days , unless otherwise specified herein, 2 This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 10 of31 7 Non-routine Installation and Special Construction 1 Non-Routine Installation. At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or in hazardous locations, In such cases, charges based on cost of the actual labor, material , or other costs incurred by or charged to the Company will apply. 2 Special Construction. Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer, Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (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 utilize in the furnishing of its services; (e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company s other Customers and contractual responsibilities, 3 Advance Payment. If required by the Company, the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer s initial bill. The Company may require such an advance payment , in lieu of a deposit when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer, Advance payments should not exceed the NRC , and the MRC of the existing month's MRC and the following month's MRC billed in advance, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 2006 Effective: January 1 , 2006 Page 11 of 31 8 Ownership of Facilities Title to all facilities and equipment, and related plans and proposals , provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested , within a reasonable period following the request and in as good condition as reasonable wear will permit. 9 Rights-of-Way Provisioning of the Company s services is subject to and contingent upon the Company s ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company s services to the Customer's service point as agreed to by the Company, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 12 of 31 10 Liability NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES ARISING FROM ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, OR DELAYS OF THE COMPANY, ITS AGENTS, SERVANTS OR EMPLOYEES IN THE COURSE OF ESTABLISHING FURNISHING, REARRANGING, MOVING, TERMINATING, OR CHANGING THE SERVICE OR FACILITIES (INCLUDING THE OBTAINING OR FURNISHING OF INFORMATION IN RESPECT THEREOF OR WITH RESPECT TO THE CUSTOMERS OR USERS OF THE SERVICE OR FACILITIES) IN THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.1 Exculpatory Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW, ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS 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. 11 Indemnification The Customer shall at all times indemnify, defend, and save the Company harmless from any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties arising out of or resulting from the Company s performance of its obligations under this Tariff on behalf of the Customer, except in cases of gross negligence or intentional wrongdoing by the Company. 12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights , unless otherwise ordered by the Commission, court order or statute. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 13 of 31 13 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subject to the provisions of this section. 13.1 Credit for Service Interruptions, A credit allowance will be made when an interruption in service occurs when the outage lasts longer than 48 continuous hours at a time after customer notifies Company of the outage.. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem, An interruption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 13.1 The Company must restore service: within one business day after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 13,2 within two business days after the report of the outage if no emergency exists. 13.3 Outages reported between 5:00PM on Friday and 8:00 AM the following Monday must be restored within two business days of the following Monday, 13,1.4 If the Company does not restore service within the times required by this paragraph, the Company will credit the customer's account for an amount equal to the pro rated monthly rate for one (1) month of basic local exchange service for the full duration of the outage, 13,2 Limitations on Allowances No credit allowance will be made for: 13.1 interruptions due to the negligence of the Customer, or noncompliance with , or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; 13.2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 13,3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 13,2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 14 of 31 14 Obligations of the Customer 14,1 The Customer shall provide at no charge, as specified by the Company, any personnel equipment, space, power , heating and air conditioning needed to operate, and maintain a proper operating environment for the Company s facilities and equipment installed on the Customer premises 14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation, operation , and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 14.3 If the protective requirements for Customer-provided equipment are not being complied with , the Company may take such action as it deems necessary to protect its facilities equipment, 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. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 15of31 15 Prohibited Uses The Customer shall not use or allow the use of the Company s facilities or equipment installed at the Customer s premises for any purpose other than that for which the Company provides it without the prior written consent of the Company. 15.1 Abuse, The abuse of Company Services is prohibited. Abuse includes , but is not limited , the following activities: (a) Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. 15.2 Fraudulent Use. The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment either in whole or in part, of the price listed charges for the service including but not limited to: (a) Rearranging, tampering with , or making connections not authorized by this price list to any network components used to furnish service; or (b) Using fraudulent means or devices, tricks, schemes , false or invalid numbers, false credit devices, or electronic devices. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 16 of31 16 Payments 16.1 Customer Obligations 16,1 SERVICES ARE BILLED ONE MONTH IN ADVANCE, The Customer shall pay outstanding charges in full within 15 days of the invoice date. .Charges normally will be invoiced IN ADVANCE with monthly recurring charges invoiced on or about the first of the month for which the charges apply, Amounts not paid within 15 days after the date of the invoice are considered delinquent. A late payment fee of 1,5% of the outstanding balance of the invoice or $10.00; whichever is greater, will be assessed for past due accounts. 16.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer s present and former employees , agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted, The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company s willful or negligent act. 16.2 Disputed Bills 16.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bill. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer s rights under the provisions of IDAPA 31.41,01,204 to challenge any billing amount due or paid to the Company, 16,2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction , the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules, The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 800-432-0369 (from outside the local calling area) DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 17 of 31 16.3 Payment Arrangements 16.1 When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. 16.2 In deciding on the reasonableness of a particular agreement , the Company will take into account the Customer's ability to pay, the size of the unpaid balance, the Customer s payment history and length of service, and the amount of time and reasons why the debt is outstanding. 16,3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable , and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services, (See IDAPA.31.41.01 Rule 306,06.) Such payments shall be applied first to the oldest undisputed balances. 16,5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment arrangement. 16.7 A Customer's failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1 + dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges , if any. 2.16.8 Customer failure to pay undisputed charges for other services may result in discontinuance of those services, 17 Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible or payment of taxes , charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes , charges or fees from the Customer, these taxes, charges and fees will be itemized separately on the Customer s bill. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 18 of31 18 Deposits 18.1 Deposits are not anticipated to be required with the option of charging for the existing month of subscribing and the next month in advance. If the customer does not pay current his/her account by the 15th of the second month then the Company may disconnect the service. The remaining monthly service previously prepaid may be assessed as a disconnect fee. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 19of31 19 Refusal or Termination of Services The Company may refuse service to any applicant for any reasonable economic reason it deems fit and/or appropriate. 19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 19.1 the applicant has an outstanding amount due to the Company for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 19.2 a condition exists that, in the Company s judgment, is unsafe or hazardous to the applicant, the general population , or the Company s personnel , agents or facilities; 19,3 the applicant refuses to provide the Company with a pre-payment of service after having failed to meet the credit criteria for waiver of pre-payment of a second month in advance. 19.1.4 the applicant is known to be in violation of the Company s price lists filed with the Commission; 19,5 the applicant fails to furnish such funds , suitable facilities, and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 19,6 the applicant has falsified his/her identity for the purpose of obtaining service. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 20 of 31 19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 19.1 for nonpayment of any undisputed amounts owing to the Company; 19.2 for services provided to premises that have been vacated by the Customer; 19.3 for tampering with the Company s property; 19.2.4 for violation of rules , service agreements, or filed price lists; 19.5 for use of Customer equipment which adversely affects the Company property, facilities, or service to its other Customers, or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 19,6 for fraudulent obtaining or use of service, including, but not limited to: (a) providing false information to carrier the Company regarding the Customer s identity, address creditworthiness, or current or planned use of common communications; (b) using or attempting to use service by rearranging, tampering with , or making connection to the Company s service where not authorized by this price list; (c) using tricks , schemes, false or invalid numbers, false credit devices, electronic devices; or (d) any other fraudulent means or device, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 21 of3l 19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer s permission for one or more of the following reasons: 19.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life physical safety, or property exists, or it is necessary to prevent a violation of federal , state or local safety or health codes. 19,2 Ordered to Terminate Service, The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority, 19.3 Services Obtained Illegally, The services(s) was (were) obtained , diverted or used without the authorization or knowledge of the Company. 19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. 19.5 Misrepresentation of Identity, The Customer has misrepresented the Customer s identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company, 19,6 for any governmental prohibition , or required alteration of the services provided , or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 22 of 31 19.4 Notice of Disconnection 19.4,1 Seven-Day Notice Except as otherwise provided under the provisions of IDAPA 31.41,01,303.04 and 31.41,01.305 the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date of termination. The written notice will contain the information required by IDAPA 31.41.01,306. 19.4.2 Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination, the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination. Oral Notice will contain the same information as required by IDAPA 31.41.01,306, 19.4.3 Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action, If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination , but still intends to terminate, the Company will again issue a written notice as set out by subsection 19.4.1 of this price list, related to Seven-Day Notice. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 23 of 31 19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason , the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition , the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. 20 Restoration of Service 20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2,19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid, 20,2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends , the Customer may be required to pay an after- hour charge for service reconnection. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 24 of 31 21 Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights , privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer, 22 Promotions The Company may provide promotional offerings from time to time, The Company will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. 23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls, The Company s switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing, 24 Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice, Individual notice to all Customers affected will always constitute public notice, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 25 of 31 0 LOCAL EXCHANGE SERVICES 1 General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition , Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer to: (a) Receive calls from other stations on the public switched telecommunications network; (b) Access other services offered by the Company as set forth in this price list; (c) Access certain interstate and international calling services provided by the Company or others; (d) Access the Company s operators and business offices for service related assistance; (e) Access emergency services by dialing 0- or 9-1; and (f) Access services provided by other common carriers which purchase the Company s Switched Access Services as provided under the Company s Federal and State price lists or price list, or which maintain other types of traffic exchange arrangements with the Company. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 26 of 31 2 Service Descriptions 1 Residential Service All residential services as may be provided for in the interconnect agreement between ILEC or outsourced vendor's services and Company and subject to such availability terms and conditions contained therein. 2 Business Service All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein 3.2.3 Lines and Trunks All business services as may be provided for in the interconnect agreement between ILEC and Company subject to such availability, terms and conditions contained therein, 2.4 Optional and Vertical Features All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein 5 Other All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein 3.2.6 Number Services 1 Nonlisted Number Service Description, Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. 2 Non-published Number Service Description. Non-Published Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 27 of 31 3 Charges for Additional and Overtime Labor 1 Idaho Telecommunications Service Assistance Program (ITSAP) ITSAP consists of two programs, Lifeline and Linkup that were developed to provide discounted rates for telephone service to low income customers, thus promoting universal service, The programs are jointly sponsored (federal and state) telephone assistance programs designed to maximize federal contributions to Idaho s low-income customers, The programs provide reductions in monthly rates for single line telephone service and/or reductions in one-time costs for installation of telephone service for qualifying customers. The program is administered by the Department of Health and Welfare in accordance with Idaho Code 56-901. 2 Eligibility - The Company is not set up to participate in the program at this time: DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 28 of 31 8 Rules 10 Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund. The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. OIGI-COMM Emmett , Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 , 2006 Effective: January 1 , 2006 Page 29 of 31 0 RATES AND CHARGES 1 Residential Service USOC 1 51 Line Additional Line 1FR AKF 2 Business Service 1 51 Line Additional Line 1BR ABF 3 Lines and Trunks 1 Line Non- Recurring Charge 39. Monthly Recurring Charge 59. 59, 39. 39. 1 FR Bid per location 395. 4 Optional Vertical Features a. Residential Caller 10 Call forwarding Call waiting 3 Way Calling Voice Mail Follow Me Addt'liisting 14. OIGI-COMM Emmett , Idaho Local Exchange Services Tariff Release: 6. Issued: January 1 2006 Effective: January 1 , 2006 Page 30 of 31 5 Optional Vertical Features Cont. b. Business USOC Non- Recurring Charge Monthly Recurring Charge Hunting Call Return 1FR Caller 10 Call forwarding Call waiting 3 Way Calling Voice Mail 19. Other TBO 1 FR To be determined 8 Number Services 1 FR Not yet provided Misc. Charges Misc. Charges 1FR 59,95 Hr, 1 Installation Charges Installation Charges 1FR 59.95 Hr. 2 Move and Change Charges Move and Change Charges 1FR 59,95 Hr, 3 Charges for Additional Overtime Labor Charges for Additional Overtime Labor 1FR 119.95 Hr, DIGI-COMM Emmett, Idaho Local Exchange Services Tariff Release: 6, Issued: January 1 , 2006 Effective: January 1 , 2006 Page 31 of 31 9.4 Integrated Voice and Data TI The basic integrated voice and data T1 consists of 24 channels for a Total transmission rate of 544 Mbs. Each 64kbs can be purchased Incrementally for voice and data and will be priced on an individual case basis. USOC Non- Recurring Charge Monthly Recurring Charge Installation Rate $75/hr Month To Month $840. $720.One Year Term Three Year Term $672, $576, Two Year Term