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HomeMy WebLinkAbout20190729Application - Revised.pdfI o RItrAN EIL- 7- l1-o t ftrntrt\/i: i') 2019 JUL 29 Ati 9:32 o AME Hllllllllllli trLEC il .t ri:t- 23 July 2019 Diane Hanian Commission Secretary ldaho Public Utilities Commission P.O. Box 83720 Boise. ID 83720-007 4 Dear Ms Hanian: Included following is our replacement application on behalf of: Envision Networks LLC for a Certificate of Public Converrience and Necessity to operate in thc state of ldaho as a Competitive Local Exchange Carrier (CLIJCI). This application is in replacement ofour earlier application listed as Open Case ENL-T-19-01 filed 03/l li20le. We are available to respond to any qucstions that the Commission or Commission Staff may have regarding our application. Please address all inquiries to: Michael Tague American CLECI Rlvl ichaelTague@gmail.com 502-l87-6800 Sincerely, ?'*LlW ww!v.AnleaicanCLEC.com P.O. Box 4189. Louisville, Kentucky 40204-0189 502-815-7171 . FAX 502-815-7001 Michael Tague o t APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ENVISION NETWORKS ASA COMPETITIVE LOCAL EXCHANGE CARRIER 23 JULY 2019 SUBMITED BY MICHAEL TAGUE 502-387-6800 ao l. Proposed Services Envision Networks LLC plans to deploy a telephone and fiber network to support Local Exchange Services and high-speed lnternet services throughout Southeast ldaho including Pocatello, ldaho Falls, and Rexburg. We seek authorization to operate throughout the state so thal we can expand our service areas and pursue business opportun ities where they occur. We will be operating as a Facilities Based CLEC and plan to oblain an lnterconnection agreement with CenturyLink to support our deployment of Local Exchange Services. The owner of Envision Networks LLC was a principal and founder of Optix Media which was recently sold. Optix Media is an ldaho Public Utilities Commission approved CLEC with CPCN operating since 2012 and providing similar services. ll. Form of Business Company name and principal place of business Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 The registered agent is: Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello. lD 83204-7299 The company is a Limited Liability Company organized in the State of ldaho, 11 February 2019. A copy of its ldaho Secretary of State Certificate of Existence is attached as Exhibit A. o o The owner of the company The company has no subsidiaries lll. Telecommu n ications Service Envision Networks LLC plans to begin building its network within 90 days of having relevant Commission approval and appropriate lntercon nection/Structu res Agreement in place. Envision Networks LLC will offer primarily residential telephone and internet service. lV. Service Territory lnitial service territories will be: Pocatello ldaho Falls Rexburg and surrounding areas where CenturyLink is the incumbent. Fiber facilities will be deployed by Envision Networks LLC and services will be provided across these facilities. The company's principal competitors in the area are Cable One and CenturyLink. V. Financial lnformation Name and Address Ownership Percentage Voting Percentage Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 100o/o 100o/o Envision Networks LLC is a new company and so does not have a financial history. This new start-up is being funded entirely by its 100% owner, Mr. Lysle D Barthlome, who is a high net worth individual with a successful telecommunications business o management and operations track record. Mr. Barthlome was a principal and founder of Optix Media which is an ldaho PUC approved CLEC organized in 2012 which was recently sold by Mr. Barthlome and his parlners. Vl. "lllustrative" Tariff Filing Our lllustrative Tariff is included as Exhibit C. Vll. Customer Contacts Customer lnquiries and Complaints Contact: Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 Customer Service 888-405-9944 Toll-Free su pport@En Ntwk.com Commission Contact Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 208-25'r -6878 ldb@EnNtwk.com o As the financial resources for launching Envision Networks LLC comes from Mr. Barthlome, we have included in Exhibit B a recent brokerage account statement and a copy of Mr. Barthlome's most recent year's ldaho tax return which document high assets and income to sustain the funding of the company. ao Vlll. lnterconnection Agreements Envision Networks LLC plans to initiate interconnection negotiations as soon as this application is submitted and expects to complete these negotiations in 90 to 120 days lX. Compliance with Commission Rules The applicant has reviewed all the Commission rules and agrees to comply with them. X. Escrow Account or Security Bond Envision Networks LLC does not require advance deposits of its customers. o o STATE OF IDAHO Lawerence Denney I Secretary of State Business Office 450 North 4th Street PO Box 83720 Boise, lD 83720 Michael Tague MICHAEL TAGUE PO BOX 4189 LOUISVILLE, I<Y 40204 Request Type: Certificate of Existence/Filing Request #: 0003444672 Receipt #: 000161803 March 6,2019 lssuance Date: 03/06/2019 Copies Requested: 0 Regarding: Envision Networks LLC Filing Type: Limited Liability Company (D) Formation/Qualification Date: 02111 12019Status: Active-Existing DurationTerm: Perpetual Frle # :3427196 Formation Locale: IDAHO lnactive Date: Certificate of Existence l, Lawerence Denney, Secretary of State ofthe State of ldaho, do hereby certify that effective as of the issuance date noted above Envision Networks LLC is a Limited Liability Company duly formed under the law of this State with a date of incorporation and duration as given above. Lawerence Denney Secretary of State Verif ication #. 001241213 Phone: 208-334-2301 ' Email: business@sos.idaho.gov - Website: SOSBIZ.idaho.gov Processed By: Business Division o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 Original Title Page LOCAL EXCHANGE SERVICES TARIFF IDAHO LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES'IARIFF OF ENVISION NETWORKS LLC lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lO 83204-7 299 ldaho Tariff No. 1 Ori8inalPaBe 2 LOCAL EXCHANGE SERVICES TARIFF CHECK SHEET Current pages in the price list are as follows Page Revision Pase Revision Pagc Rcvision Titl 2 J 4 5 6 7 8 9 t0il t2 l3 t4 l5 t6 t7 t8 t9 20 2t 22 23 24 e Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original 25 26 27 28 Original Original Original Original lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks l-LC ae Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7 299 ldaho Tariff No. 1 Original Page 3 LOCAL EXCHANGE SERVICES TARIFF Contents APPLICATION OF PRICE LIST EXPIANATION OF SYMBOLS, REFERENCE MARK5, AND ABBREVIAIIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST. CONTACT INFORMATION 1.0 DEflNtTtONS .......................,.......... 7 5 6 82.0 REGULATIONS 2.1 Undertaking of the Company ....., 2.2 Shortage of Equipment or Facilities ................................ 2.3 Selection of Transmission.... 2.4 Notif ication of Service-Affecting Activities.... 2.15 Prohibited Uses 2-16 Payments 2.17 Taxes, Charges, Fees....... 9 9 9 2.5 Provision of Equipment and Facilities ... 10 2.6 Terms and Conditions..... ............ 10 2.7 Non-routine lnstallation and Special Construction ............................... 11 2.8 Ownership of Faci1ities..,.....,........,..,...'..... 12 2.9 Rights-of-Way 12 2.12 Conflicts Between Price List and Commission Ru|es....,............ ........... 12 2.L3 Allowances for lnterruptions in Service............. ................................. 13 2.14 Obligations of the Customer 15 16 2.18 Deposits....... ............,..,,..... l7 ... 19 .... 19 2.19 Refusal or Termination of Services 2.20 Restoration of Service 2.2l Assignment 2.22 Promotions .. 2.23 EgtL............. ...........24 .............................. 24 ....20 ...24 .,...'.....,.'.......... 24 2.24 Public Notice..25 lssued by: Effective: TBDlssued: TBD LD Bafthlome, Member Envision Networks LLC o O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 original Page 4 TOCAL EXCHANGE SERVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 26 26 27 28 28 3.1 General 3.2 Service Descriptions 5.0 RATES AND CHARGES, 5.1 Local ExchanBe Service lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lO 83204-7 299 ldaho Tariff No. 1 Original Page 5 LOCAL EXCHANGE SERVICES TARIFF Envision Networks LLC (hereinafter "The Company") has been authorized by the ldaho Public Utilities Commission (ldaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings. rates, terms and conditions applicable to the furnishing of local exchange services to residential customers within the Statc of ldaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. EXPLANATION OF SYMBOLS, REFERENCE MARKS,AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The following symbols shall be used as set out below to describe specific changes made to the original price list. Indicates a changed listing. rule, or condition, which may affect rates or charges Indicates discontinued material, including a listing, rate, rule or condition Indicates an increase Indicates that the material has becn relocated to_another pan of price list schedules with no change in text, rate, rule or condition Indicates new material including listing, rate, rule or condition Indicates a reduction Indicates reissued matter Indicates a change in wording oftext, but not a change in rate, rule or condition. C D I M N R S T lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC APPLICATION OF PRICE LIST I a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-1299 ldaho Tariff No. 1 OriSinal Page 6 LOCAL EXCHANGE SERVICES TARIFF CONTACT INFORMATION Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 Phone (Toll Free): 888-405-9944 support@EnNtwk.com Customer Contact - For establishment ofservice, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 888-405-9944 Maintenance: 888-405-9944 Commission Contact - For complaints, inquiries and matters conceming rates and price lists. n IN tll Customer Service (or LD Banhlomc) Phone (Toll Free): 888-405-9944 Email: support@EnNtwk.com Matters concemine tarif fs and requlator) at'tairs: LD Barthlome, Member Phone: 208-25 l-6878 Toll lrree: 888-405-9944 Email: ldb@EnNtwk.com lssued by: Effective: TBDlssued: TBD LD Ba rthlome, Member Envision Networks LLC o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 7 LOCAL EXCHANGE SERVICES TARIFF 1.0 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Applioant: A person who applies lbr telecommunications service. lncludes persons seeking reconnection of service alter Company-initiated termination. Authorized Uscr: A person, firm or corporation that is authorized by the Company to bc connected to the servicc of the Customer or joint uscr. Customer or Subscriber: The person. firm or corporation that orders service and is responsible for the paynrent ofcharges for that service and for compliance with the Company's regulations related to that service. Recurrins Charges: The charges to a Customer for services. facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day following the date on which the Company notitles 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. Servic Ordcr : The written order fbr Services executed bv the Customer and the Company in the fbrmat devised by the Company. The signing ofa Service Order by the Customer and acceptance by the Company initiates the obligations ofthe respective parties as set forth therein and pursuant to this price list; except that the duration ofthe service is calculated from the Service Commencement Date. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 Original Page 9 LOCAL EXCHANGE SERVICES TARIFF 2.2 Shortage of Equipment or Facilities The furnishing ofservice under this price list is sub.iect to the availability on a continuing basis ofall facilities necessary to provide the service. Services will be provided using Thc Company's facilities or other carrier's l'acilities as may bc tlctcrmincd by The Company. 2,3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network lacilities 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 ofthe FCC's Rules and Regulations and this price list. 2.4 Notifi cation of Service-Affecting Activities The Company will provide the Customer with reasonable notilication of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to an individual Customer but afl'eot many Customers' services. No specific advance notification period is applicable to all service-affecting activilies. Thc Company will work cooperatively with the Customer to determine reasonable notiflcation requirements. Notification to the Customer may not be possible with some emergency or unplanned serv ice-affecting conditions. such as an outage resulting f'rom cable damage. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 lda ho Tariff No. 1 Original Page 10 LOCAL EXCHANGE SERVICES TARIFF 2.5 Provision of Equipment and Facilities 2.5.1 The Company shall make a reasonable effbrt to provide service to a Customer on or before a particular date, subject to the provisions ofand compliance by the Customer with the regulations contained in this price list. 2.5.2The Company shall make a rcasonable ellbrt to maintain facilities that it lirrnishes to the Customer. Thc Customer shall not, and the Customer shall not permit others to, rearrange, disconnect, remove, attcmpt to repair or otherwise interfere with any of the facilities installed by thc Company, except upon the written consent ofthe Company. 2.6 Terms and Conditions 2.6. I Service is provided on a m inimum 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 ofdates set lbrth in this price list shall be based on calendar days. unless otherwise specified herein. 2.6.2 This price list shall be interpreted and governed by the laws ofthe State of [daho and the Rules issued by the Idaho Public Utilities Commission. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by Effective: TBD I o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 OriginalPage 11 LOCAL EXCHANGE SERVICES TARIFF 2.7 Non-routine lnstallation and Special Construction 2.7.1 Non-Routine Installation 2.7.2 Special Construction Subject to the agreement ofthe Company, special construction offacilities may be undertaken on a reasonable effon 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 fumishing 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; (l) on a temporary basis until pcrmanent facilities are available: (g) involving abnormal costs; or (h) in advance of normal construstion. Special construction will be undertaken at the discretion ofthe Company consistent with budgetary responsibilities and consideration for the eff'ect on Company's other Customcrs and contractual responsibilities. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o 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 Contpany will apply. o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 o ldaho Tariff No. 1 Original Page 12 LOCAL EXCHANGE SERVICES TARIFF 2.8 Ownership of Facilities Title to all lacilities and equipmcnt. and related plans and proposals. provided by the Company in fumishing 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. 2.9 Rights-of-Way 2.12 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 tariffor price list provisions that deny or restrict any olthose rights, unless otherwise ordered by the Commission, court order. or statute. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD Provisioning ofthe 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 ofthe facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 o ldaho Tariff No. 1 Original Page 13 LOCAL EXCHANGE SERVICES TARIFF 2.L3 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service. subject to the provisions of this section. 2. I 3.1 Credit for Service lnterruptions A credit allowance will be made when an interruption in service occurs. 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 fbr voice grade communications bccausc of cross talk, static or othcr transmission problem. An intemrption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 2.13.1.1 The Company must restore service: within sixteen (lf) hours after the report oflthe outage if the customer notifies the telephone company that the service outage creates an emergencyi or 2.13.1.2 within 24 hours aftcr the report of the outage ifno emergency exists 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within fbrty-eight (48) hours or by 6:00 p.m on the following Monday, whichever is sooner. 2. 13. I .4 lf the Company does not restore service within the times required by this paragraph, the Company will credit the customer's account lbr an amount equal to the monthly rate for one ( I ) month of basic local exchange service. lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC Oo Envision Networks ILC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 14 LOCAL EXCHANGE SERVICES TARIFF 2.13.2 Limitations on Allowances No credit allowance will be niade for: 2.l3.2.linterruptionsduetothenegligenceoftheCustomer,ornoncompliance with. or acts of omission regarding the provisions of this price list by the Customer. authorized user or joint user: 2.13.2.2 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 interruptiunsi 2.1 3.2.3 interruptions ofservice during a period when the Customer has released service to the Company for maintenance purposes or for implementation ofa Customer order lor a change in service arrangcments: or 2. I 3.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC aa Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lO 83204-1 299 LOCAL EXCHANGE SERVICES TARIFF 2.14 Obligations of the Customer 2. 14. I 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's premises 2.14-2Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be nccessary to determine that the Customer is complying with the requirements set forth herein for the installation, operation, and maintenance of Customer-provided fhcilities. equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 2. 14.3 Ifthe 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 ofthe action taken. If the Customer lails to do this, the Company may take whatever additional action is deemed necessary, including the suspension ofservice, to protect its facilities, equipment and personnel lrom harm. lssued:TBD LD Barthlome, Member Envision Networks tLC lssued by Effective: TBD ldaho Tariff No. 1 Original Page 15 o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 16 LOCAL EXCHANGE SERVICES TARIFF 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company's f'acilities 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. The abuse ofCompany Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b) Using service in such a way that it interlbres unreasonably with the use of Company services by others. 2. I 5.2 ["raudulent Use The fraudulent use or tJre intended or attempted fraudulent use ol service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists ofusing or attempting to use service with the intent to avoid the payment. either in whole or in part, ofthe price listed charges lbr 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. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC 2.l5.lAbuse o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 832M-7299 ldaho Tariff No. 1 Original PaBe 17 LOCAL EXCHANGE SERVICES TARIFF 2.16 Payments 2. I 6.1 Customer Obligations 2. I 6. I . I The Customer shall pay outstanding clrarges in flull within 30 days of the invoice date. Charges normally will be invoiced in advance, with monthly recurring charges invoiced on or about the first ol the month for which the charges apply. Amounts not paid within 30 days atter the date olthe invoice are considered delinquent. 2.l6.l.2The 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 lor 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. 2. 16.2 Disputed Bills 2. I 6.2. I Any Customer u'ho disputes a portion of a bill rendered lbr Company services shall pay the undisputed portion ofthe bill and notify the Company that such unpaid amount is in dispute within thirty (30) days ofreceipt ofthe 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 o1'the amount due by the Ciustomer does not constitute a waiver of the Customer's rights under the provisions of IDAPA 31.41.01.204 to challenge any billing amount due or paid to the Company. 2.16.2.2ln the event a Customer and the Company cannot resolve a billing dispute to thcir mutual satisf'action, the Customcr may contact the Idaho PIJC and proceed in accordance with the ldaho PIJC's Rules. The address and telephone numbers tbr the Idaho PU('arc: Idaho Public Utilities Commission P.O. Box 83720 Boise Idaho 83720-0074 208-334-0300 Toll Free: 800-432-0369 lssued by: lssued:TBD LD Barthlome, Member Envision Network LLC o Effective: TBD Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 o ldaho Tariff No- 1 Original Page 18 IOCAL EXCHANGE SERVICES TARIFF 2. I 6.3 Payment Arrangernents 2.16.3.1 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 ofthe outstanding bill will be paid. 2.16.3.2in 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 ofservice, and the amount of time and reasons why the debt is outstanding. 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. Ifapplicable, and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services. Such palnnents shall be applied first to the oldest undisputed balances. 2.16.3.411a 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. 2. 16.3.5 Customer failure to pay undisputed charges for other services may result in discontinuance ol'those serv iccs. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 o ldaho Tariff No. 1 Original Page 19 LOCAL EXCHANGE SERVICES TARIFF 2,17 Taxes, Charges, Fces In addition to the rates and charges described in this price list, the Customer may be responsible for payment oftaxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, local and county governments, or the Federal government. 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. 2,18 Deposits The Company will not require advance deposits. lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC a a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 20 LOCAL EXCHANGE SERVICES TARIFF 2.19 Refusal or Termination of Services If the Company intcnds to deny an available service to an applicant, the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: a) the reasons for denial ofthe servrcei b) actions the applicant may take in order to receive th€ denied service; and .r a raa!.ran.trl aaa.r a... --aa-nat aia, al. i.a lrahprral -, -ffi.1conccmlng dcnlal of thc rcrvlcc wlth thc company or wlth thc ldaho PUc, 2. 19. I Grounds for Refusal to Establish Service Tho Comprny mry rcfut. to..t bli.h ..rvlc. if .ny of thG followln8 condltlon. .xl.t: ]rD*tIxlfDrf,rilrEil*trlr-i nit'rrx l rtltarrtrrthtimrt,- tftlty,]fl lr !ililfltmhlr,'lllll'JtL$rflrmrnrt4r.'r ;rlFt{E JlLtfi r,rhJ3L-l... r, 2.19.1.3 the applicant is known to be in violation of the Company's price lists filed with the Commission; 2. 19. I .4 the applicant fails to furnish such funds. suitable facilities, and/or rights- of-way which have been specitied by the Company as necessary to and a condition for providing service to the applicant; or 2. I 9.1 .5 the applicant has falsified his/her identity for the purpose of obtaining service. 2.19.2 Crounds lirr Termination rvith 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 serv'ices for any ofthe following reasons: lssued: TBD Effective: TBD lssued by:LD Barthlome, Member Envision Networks LLC t Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. L Original Page 21 LOCAL EXCHANGE SERVICES TARIFF 2-19-2.1 for nonpayment of any undisputed amounts owing to the Company; 2.19.2.2 for services provided to premises that have been vacated by the Customer: 2.19.2.3 for tampering with the Company's property; 2.19.2.4 lbr violation of rules, service agreements, or filed price lists; 2.19.2.5 for use of Customer equipment which adversely affects the Company's property, facilities, or service to its other Customers, or upon condemnation of any material portion ofthe facilities used by the Company to provide service to a Customer, or if a casualty renders allor any material portion ofsuch tacilities inoperablc beyond leasible repair: or 2.19.2.6 for fraudulent obtaining or use of scrvice, including, but not limited to: (a) providing false information to carier the Company regarding the Customer's identity, address, creditworthiness. or curr€nt or planned use ol common communications; (b) using or attempting to use service by rearranging, tampering wifh, or making connection to the Company's service where not authorized by this pricc list; (c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devicesl or (d) any other fraudulent means or device 2. I 9.3 Without Written Notice to the Customer The Company' may deny or discontinue the fumishing of any and/or all service(s) to a Customer immediately and without prior notice to thc Customer and without the Customer's permission for one or more of the following re asons: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life. physical saf'ety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. lssued: TBD LD Barthlome, Member Envision Networks LLC Effective: TBD a lssued by: ao Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 ldaho Tariff No. L Original Page 22 LOCAL EXCHANGE SERVICES TARIFF 2. 19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the ldaho PUC, or any other duly authorized public authority. 2. 19.3.3 Services Obtained Illegally'. Thc scrviccs(s) was (u,ere) obtained, diverted or used without the authorization or knowledge ofthe Company. 2. I 9.3.5 Misrepresentation of Identity. The Customer has misrepresented the Customer's identity for purposes ofobtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any govemmental prohibition, or required alteration of the services provided, or any violation ofany applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. 2. 19.4 Notice of Disconnection Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305, the Companywill 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 intbrmation required by IDAPA 3r.4|.0r.306. 2. I 9.4.2 Twentv-Four-Hour Notice At least twenty-four (24) hours be fbrc actual termination. the Company rvill diligently attempt to contact the Customer affected to apprise the Customer ofthc proposed action and the steps to tale to avoid or delay termination. Oral Notice will conrain the samc intbrmation as rccluired by IDAPA 31.41.01.306. lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC 2. 19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Custonrer, but has been unsuccessful in its attempt to contact the Customer. 2. 19.4. I Seven-Day Notice o O Envision Networks LLC 9950 Pepper 6rass Pt Pocatello, lD a3204-7799 ldaho Tariff No. 1 Original Page 23 LOCAL EXCHANGE SERVICES TARIFF Ifthe Company does not terminate service within sevcn (7) days after a proposed termination date, and the matter is not the subject of'a pending complaint betbre the Idaho PUC, or ifother arrangements have not been made with the Customer, the Company will again make a diligent efl'ort to contact the Customer to advise the Customer ofthe proposed action. Ifthe Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination. but still intends to terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. 2. 19.5 Customer Cancellation of Service Ifthe Customer cancels a service order or terminates service before the completion ofthe term ol service specified in the service order lbr 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 ofservice. 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. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD 2. I 9.4.3 Additional Notice oo Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD a32O4-7 299 ldaho Tariff No. 1 Original Page 24 LOCAL EXCHANGE SERVICES TARIFF 2.20 Restoration of Service 2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 olthis price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 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 lor service reconncction. 2.21 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 ofthe Company; pursuant to any sale or transfer ofsubstantially all the business ofthe Company; or pursuant to any financing, merger or reorganization ofthe Company. The Customer may, upon prior written consent ofthe Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or alliliate ofthe Customeri pursuant to any sale or transtbr of substantially all the business of the Customer: or pursuant to any financing, merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings tiom time to time. The Company will notify the Idaho PUC ten ( l0) days in advance ofthe rates, terms & conditions ofany such promotions. 2.23 E91L The Company will provide necessary Customer information to the incumbent local exchange carrier lbr appropriate routing ofE9l I calls. The Company's switches will be equipped with E9l I trunks and all E9l I traffic will be switched by the Company to the incumbent local exohange carrier for routing or to another provider as allowed by the Idaho Public Utilities Commission. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by Effective: TBD a a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 25 LOCAL EXCHANGE SERVICES TARIFF 2.24 Public Notice The Company shall give public notice ofall proposed changes in rates. Public notice must be reasonably dcsigncd to call the altention of Customers who are affected by the changes to the proposed changes in rates. [,egal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by Effective: TBD aa Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD A32O4-? 299 ldaho Tariff No. 1 Original Page 26 LOCAL EXCHANGE SERVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 3,1 General Local Exchange Services provides the Custom€r with connection to the public switched telecommunications network. In addition, Local Fixchange Service provides the Customer with a unique telephone number addr€ss on the public switched telecommunications net\,,'ork. Each Local Exchange Service enables the Customer to: (a) receive calls from other stations on the public switched telecommunications network; (b) access other services ofl'ered by the Company as set forth in this price list; (c) access certain interstate and international calling services provided by the Company; (d) access the Company's operators and business olfices for service related assistance; (e) access emergency services by dialing 9- l - I ; 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 pricc list. or which maintain other types oltraffic exchange arrangements with the Company. lssued by Effective: TBDlssued:TBD LD Ba rthlome, Member Envision Networks LLC ao Envision Networks LLC 9950 Pepper Grass Pt Pocatello, to 83204-7299 ldaho Tariff No. 1 Original Pa8e 27 LOCAL EXCHANGE SERVICES TARIFF 3.2 Service Descriptions Local Exchange Service - Telephone Service - is ofl'ered to one class ofcustomers: Residential customers The service is classified as residential when none of the following conditions exist: L The service is furnished at a location of business, trade, or professional practice and where the location is not confined primarily to domestic activities. 2. The directory listing is to be a business listing. 3. The service is sold to a reseller of local exchange service. 3.2. I Residential Sera'ice Telephone service is provided to residential customers on a single line, two-way, inbound and outbound basis. Residential telephone service includes the lbllowing features and Custom Local Area Signaling Services (CLASS) features: Touch-Tone dialing CallerJD. Call Waiting o Beep heard on the line when a 2"d call comes in while the customer is on a phone call. o The customer can accept or ignore the incoming call. Automatic recall dialing (*69) o Ability to call back a missed Call Waiting call or a previously missed call. Redial (*66) o Redial an earlier dialed outbound number, E9l I Emergency Service o ln case of Emergency: for Police. Fire, or Ambulance service. Busy,No-Answer Voice mail (optional feature) See Section 5 fbr Rates. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC It Envision Networks LLC 9950 Pepper 6rass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 28 LOCAL EXCHANGE SERVICES TARIFF 5.0 RATES AND CHARGES 5,1 Local Exchange Service 5.1.1 Residential Service See description of service at section 3.2.1. Description Non-Recurring Charge* Single Telephone Line 549.00 Digital line with Voice Mail 549.00 Monthly Rate 534.9s 538.9s * Non-Recurring Charge is for the installation of telephone service to a point of demarcation at the custome/s residence and the setup of all features including setting up the E911 location and porting of an existing telephone number. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD