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HomeMy WebLinkAbout20190311Application.pdf) AME illilil1ilil a RItr,ANtr LEtr 9 March 2019 Diane Hanian Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 { 111 1-t- 19-o I I)ear Ms Hanian: Included following is our application on behalfot Envision Networks LLC for a Certificate ofPublic Convenience and Necessity to operate in the state ofldaho as a Competitive Local Exchange Carrier (CLEC). We are available to respond to any questions that the Commission or Commission Staff may have regarding our application. Please address all inquiries to: Michael Tague American CLEC RMichaelTague@gmail.com s02-387-6800 Sincerely, /h:- www AmericanCLEC.com P.O. Box 4189. Loui8ville, Kentucky 4020+0189 502-a15-7171 . FAX 502-81t7001 Michael 'l'ague Lt6{ o o C APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ENVISION NETWORKS ASA COMPETITIVE LOCAL EXCHANGE CARRIER 9 MARCH 2019 SUBMITED BY MICHAEL TAGUE 502-387-6800 o 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 that we can expand our service areas and pursue business opportunities where they occur. We will be operating as a Facilities Based CLEC and plan to obtain 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 83204-7299 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 Existance is attached as Exhibit A. The registered agent is: Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 o o o The owner of the company The company has no subsidiaries lll. Telecommu nications Service Envision Networks LLC plans to begin building its network within 90 days of having relevant Commission approval and appropriate lnterconnection/Structures 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 Rexbu rg 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. Financiallnformation 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 1007o owner, Mr. Lysle D Barthlome, who is a high net worth individual with a successful telecommunications business Name and Address Ownership Percentage Voting Percentage Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 100Yo 100% o 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 partners. As the financial resources for launching Envision Networks LLC comes from Mr. Barthlome, we have included in Exhibit B a copy of Mr. Barthlome's most recent year's ldaho tax return and a recent brokerage account statement which document high income and assets to sustain the funding of the company. Vl. "lllustrative" Tariff Filing Our lllustrative Tariff is included as Exhibit C. Vll. Customer Contacts Customer Inquiries and Complaints Contact: Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 Customer Service 888-405-9944 Toll-Free support@EnNtwk.com Commission Contact Lysle D Barthlome Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 208-251-6878 ldb@EnNtwk.com o o 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 Off ice 450 North 4th Street PO Box 83720 Boise, lD 83720 Michael Tague MICHAEL TAGUE PO BOX 4189 LOUISVILLE, KY 40204 Request Type: Certificate of Existence/Filin g Request#: 0003444672 Receipt#: 000161803 March 6,2019 lssuance Dater 03/06/2019 Copies Requested: 0 Regarding: Envision Networks LLC Filing Type: Limited Liability Company (D) Formation/Qualification Date: 0211 112019 Status: Active-Existing DurationTerm: Perpetual 3427196 Formation Locale: IDAHO lnactive Date: Certif icate of Existence l, Lawerence Denney, Secretary of State of the State of ldaho, do hereby certifu that effective as ofthe 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 Processed By; Business Division Verification #. 001241 213 Phone: 208-334-2301 * Email: business@sos. idaho.gov . Website: SOSBIZ. idaho.gov File # : o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Title Page LOCAL EXCHANGE SERVICES TARIFF IDAHO LOCAI, EXCHANGE TELECOMMLJNICATIONS SERVICI,S TARIFF OF ENVISION NLTWORKS LLC lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effectlve: TBD a o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 832U-7299 ldaho Tariff No. 1 Original Page 2 LOCAL EXCHANGE SE RVICES TARIFF Current pages in the price list are as follows Paqe Revision Pae,c Revision Page Rer,ision 'l-itle 2 3 4 5 6 7 8I Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original l6 t7 18 l9 20 2t 22 23 24 25 26 27 28 29 30 Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original 3l 32 Original Original 10 11 l2 13 t4 l5 lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD CHIl(lK SHEET o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 LOCAL EXCHANGE SE RVICES TARIFF Contents APPLTCATTON OF PRTCE L|ST ..........._......... ............................... 5 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS lda ho Tariff No. 1 Original Page 3 USED IN THIS PRICE 1IST.,......,.. 2.20 Restoration of Service 5 6CONTACT INFORMATION 1.0 DEFINITIONS. 2,0 REGULATIONS 2.1 Undertakin8 of the Company .................. 2.2 Shortage of Equipment or Facilities........ 2.3 Selection of Transmission......... 2.13 Allowances for lnterruptions in Service 2.14 Obligations of the Customer ... 2.15 Prohibited Uses.. 2.L6 Payments 2.77 T axes, Charges, Fees.................... 2.18 Deposits 2.19 Refusal or Termination of Services ...................... 10 ...................... 11 10 11 19 22 27 .. 77 .. 18 2.4 Notification of Service-Affecting Activities.......... .................................... 11 2.5 Provision of Equipment and Facilities.............. ........... L2 2.5 Terms and Conditions........... ...........72 2.7 Non-routine lnstallation and Special Construction.......13 2.8 ownership of Facilities . 1,4 2.9 Rights-of-Way...........74 2.12 Conflicts Between Price List and Commission Rules ...',......,.... 14 ......... 15 ..........21 .............................. 21 2.2l Assignment 2.22 Promotions. 2.23 E911........................ ..... 2 8 .............28 .................................. 28 lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7 299 I LOCAL EXCHANGE SE RVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 29 293.1 Genera I 3.2 Service Oescriptions ........ 5.0 RATES AND CHARGES .. 5.1 Local ExchanBe Service,............... ...30 ...32 32 lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC ldaho Tariff No. 1 Original Page 4 o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Ori8inal Page 5 LOCAL EXCHANGE SERVICES TARIFF Envision Networks LLC (hereinafter "The Company") has been authorized by the Idaho Public Utilities Commission (ldaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service otTerings, rates, terms and conditions applicable to the fumishing oflocal exchange services to residential customers within the State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations ofthe Idaho PUC. EXPLANATION OF SYMBOLS, REFERINCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICI 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 been relocated to_another part ofprice 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 M N R S T lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC APPLICATION OF PRICE IIST o I Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lo 83204-7299 ldaho Tariff No. 1 Original Page 6 LOCAL EXCHANGE SERVICES TARIFF CONTACT INFORMATION Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-'1299 Phone ('l.oll F'ree): 888-405-9944 support@EnNtwk.com Customer Contaot - For establishment of service, 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. Matters concemin customer service: Customer Service (or LD Barthlome) Phone (Toll Free): 888-405-9944 Email: support@EnNtwk.com LD Barthlome, Member Phone: 208-25 l -6878 Toll Free: 888-405-9944 Email: ldb@EnNtwk.com lssued: TBD LD Barthlome, Member Envisaon Networks LLC lssued by Matters conoemine tariffs and requlatory allbirs: Effective: TBD t t 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. Apolicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Authorized User: A person, firm or corporation that is authorized by the Company to be connected to the service ofthe Customer orjoint user. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by Effective: TBD o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lO 83204-7299 ldaho Tariff No. 1 OriBinal Page 8 TOCAL EXCHANGE SERVICES TARIFF Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment ofcharges for that service and fbr compliance with the Company's regulations related to that service. Recurrins Charges: The charges to a Customer for services, Ibcilities and equipment, which recur monthly for the agreed upon duration of the servlce. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day follo*'ing the date on u'hich 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 lbrth 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. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7 299 ldaho Tariff No. 1 Original Page 9 LOCAL EXCHANGE SERVICES TARIFF Service Order: l'he written order lbr Sen'ices executed by the Customer and the Company in the lormat devised by the Company. The signing of a 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 lisl; except that the duration of the service is calculated from the Service Commencement Date, lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD a o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 oriBinal Page 10 LOCAL EXCHANGE SERVICES TARIFF 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.1.1.2The serviccs offered herein may be used for any lauful purpose. 'fhere are no restrictions on sharing or resale ofthe Company's services. Horl'ever, the Customer remains liable for all obligations under this price list even ifsuch sharing or resale arrangements exist regardless of the Company's knowledge of these arrangements. Ifservice isjointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 2.1.1 .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 govemmental approvals, authorizations, licenses, consents and permits. 2.l L4 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. 2.1.1.5 l'he services of the Company are fumished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similzu communications, subject to the transmission capabilities of the technologies or combination oftechnologies available. Service is available twenty-lbur hours a day, seven days a week. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD 2.1.1 .l The Company undertakes to fumish local exchange communications service pursuant to the terms ofthis price list. o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 ldaho Tariff No. 1 Original Page 11 LOCAL EXCHANGE SERVICES TARIFF 2.2 Shortage of Eqrriprncnt or Facilities The fumishing ofservice under this price list is subject to the availability on a continuing basis ofall facilities necessary to provide the service. Services will be provided using The Company's facilities or other camier's facilities as may be determined by The Company. 2,3 Sclection of 'l'ransmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities uscd to provide service. The Company may modily 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 Noti fication 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 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 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. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 ldaho Tariff No. 1 Original Page 12 LOCAL EXCHANGE SERVICES TARIFF 2.5 Provision ol Equipment and Facilitics 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or befbre a particular date, subject to the provisions ofand compliance by the Customer with the regulations contained in this price list. 2.5.2Tbe Company shall make a reasonable effort to maintain facilities that it fumishes to the Customer. The Customer shall not, and the Customer shall not permit others to, re.[range, disconnect, remove, attempt to repair or otherwise inlerfbre with any olthe facilities installed by the Company, except upon the written consent ofthe Company. 2.6 Terms and Conditions 2.6.1 Service is provided on a minimum term basis ofat least one month, using 24-hours per day for each day of the month. For purposes ofthis price list, a month is considered to have thirty days. All calculations ofdates set forth in this price list shall be based on calendar days, unless otherwise specified herein. 2.6.2 This price list shall be interpreted and govemed by the laws ofthe State ofldaho and the Rules issued by the Idaho Public Utilities Commission. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 13 LOCAL EXCHANGE SERVICES TARIFF 2,7 Non-routine Installation and Spccial Construction 2.7. I 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 ofthe actual labor, material, or other costs incurred by or charged to the Company will apply. 2.7 .2 Special Construction Subject to the agrcement of the Company, special construction offacilities 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 lurnishing of its service; (c) over a route other than that which the Company would normally utilize in the f'umishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the fumishing of its services; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance ofnormal construction Special construction wilI be undertaken at the discretion ofthe Company consistent with budgetary responsibilities and consideration for the elfect on Company's other Customers and contractual responsibilities. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: (e) on an expedited basis; Effective: TBD o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original PaBe 14 LOCAL EXCHANGE SERVICES TARIFF Title to all facilities and equipment, 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 retumed to the Company by the Customer whenever requested, within a reasonable period lollowing the request and in as good condition as reasonable wear will permit. 2,9 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 ofthe facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. 2.12 Conflicts Betwcen Price List arrd 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 ofthose rights, unless otherwise ordered by the Commission, court order, or statute. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD 2.8 Ownership of Facilities e o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lo 83204-7299 ldaho Tariff No. 1 Original Page 15 LOCAL EXCHANGE SERVICES TARIFF 2.13 Allowances fnr Interruptions in Scrvice A credit allowance will be given for intemrptions of service, subject to the provisions of this section. 2.13.1 Credit for Service lntemrptions A credit allowance will be made when an intemrption in service occurs. An intem:ption 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 ofcross talk, static or other transmission problem. An intemrption period begins when the Customer reports a circuit. service or facility to be interrupted and releases it for testing. 2. I 3. 1 .1 The Company must restore service: within sixteen ( I 6) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 2.13.1.2 within 24 hours after the report of the outage if no emergency exists 2.1 3.1 .3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. 2.13.1.4If 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 monthly rate fbr one (l) month ofbasic local exchange service. lssued:TBD LD Ba rthlome, Member Envision Networks LLC lssued by: Effective: TBD o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, to 83204-7299 ldaho Tariff No. 1 Original Page 16 LOCAL EXCHANGE SERVICES TARIFF 2.13.2 Limitations on Allowances No credit allowance will be made for: 2.13.2.I intemrptions due to the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions olthis 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 intemrptionsl 2.13.2.3 interruptions of service during a period when the Customer has released service to the Company for maintenanoe purposes or for implementation of a Customer order for a change in service arrangements; or 2,13.2.4 intem-rption of service due to circumstances or causes beyond the control ofthe Company and affecting large groups of customers. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envisio n Networks LLC O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 a LOCAL EXCHANGE SERVICES TARIFF 2,14 Obligations of the Custonrer 2.14.1 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's prcmises 2.14.2 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. 2. 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.'l'he Company will notit, the Customer promptly if there is any need for further correclive action. Within ten days ofreceiving this notice. the Customer must take this corrective action and notifo the Company of the action taken. lf the Customer fails to do this, the Company may take whatever additional action is deemed necessary. including the suspension ofservice, to protect its facilities, equipment and personnel from harm. lssued: TBD lssued by: Effective: TBD LD Barthlome, Member Envisio n Networks LLC ldaho Tariff No. 1 Original Page 17 o O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD a320/-7299 ldaho Tariff No. L Original Page 18 LOCAL EXCHANGE SE RVICES TARIFF 2.15 Prolribited Uses The Customer shall not use or allow the use ofthe Company's facilities or equipment installed at the Customer's premises lbr zrny purpose other than that for which the Company provides it, without the prior written consent of the Company. 2.15.1 Abuse The abuse of Company 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 interferes unreasonably with the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use ofservice is prohibited and can result in the discontinuance ofservices as set out by this price list. Fraudulent use consists ofusing or attempting to use service r,ith the intent to avoid thc payment, either in whole or in part, ofthe price listed charges for the scn,ice including but not limited to: (a) rearranging, tampering with, or making connections not authorized by this price list to any network components used to fumish service; or (b) using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices, or electronic devices. lssued:TBD LD Ba rthlome, Member Envision Networks LLC lssued by: Effective: TBD o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. L Original Page 19 LOCAL EXCHANGE SERVICES TARIFF 2.16 Payments 2. 16. I Customer Obligations 2.16. I .1 The Customer shall pay outstanding charges in full within 30 days of the invoice date. Charges normally will be invoiced in advance, with monttily recurring charges invoiced on or about the first ofthe month for which the charges apply. Amounts not paid within 30 days after the date ofthe invoice are considered delinquent. 2.16.1.2 The Customer shall pay all charges fbr 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 fbr calls billed to the Customer via third party billing and the Company did not verify that the charges lbr the call would be accepted. The Customer is not responsible for unauthorized use ofservice to the extent such use is proximately caused by the Company's willful or negligent act. 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion ofthe bill and notily the Compiury that such unpaid amount is in dispute within thirty (30) days ofreceipt ofthe bill. If such notice is not receivcd 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. 2.16.2.2In 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 PllC are: Idaho Public Utilities Commissron P.O. Box 83720 Boise ldaho 83720-0074 208-334-0300 lssued: TBD lssued by: Effective: TBD LD Barthlome, Member Envision Networks LLC o o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, to 83204-7299 ldaho Tariff No. 1 Original Page 20 LOCAL EXCHANGE SERVICES TARIFF 2. I 6.3 Payment Arrangements 2.16.3.1 When a Customer cannot pay a bill in flull, the Company may continue to serve the Customer ifthe 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. 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 olservice, and the amount of time and reasons why the debt is outstanding. 2.1.6.3.3 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 ofinstructions from the Customer, a partial payment shall be allocated first to local exchange services. Such payments shall be applied first to the oldest undisputed balances. 2.16.3.4If a Customer lails 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 of those services. lssued by: Effective: TBDlssued:TBD LD Barthlome, Member Envision Networks LLC o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 21 LOCAL EXCHANGE SERVICES TARIFF 2.1 7 Taxes, Charges, Fces In addition to the rates and charges described in this price list, the Customer may be responsible for palment oftaxes, charges or lees ordered by the Idaho PUC, the Idaho State Legislature, local and county govemments, or the Federal govemment. When the Company is authorized to collect such taxes, charges or fees from the Customet. 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: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original PaBe 22 LOCAL EXCHANGE SERVICES TARIFF 2.19 Refusal or'ferminatiou of Serviccs If the Company intends 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 service; b) actions the applicant may take in order to receive the denied service; and c) a statement that the Customer may file an informal or formal complaint conceming denial of the service with the Company or with the Idaho PUC. 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 2.19.1 . I the applicant has an outstanding ernount due to the Company-for similar utility services and the applicant is unwilling to make acceptable arangements with the Company for payment; 2.19.1.2 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; 2.19.1.3 the applicant is known to be in violation of the Company's price lists filed w-ith the Commission; 2.19.1.4 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 2.19.1.5 the applicant has falsified his/her identity for the purpose ofobtaining service. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD O o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD a3204-7299 lda ho Tariff No. 1 Original Page 23 LOCAL EXCHANGE SERVICES TARIFF 2.19.2 Grounds for 'l'ermination 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 lbr any ofthe following reasons: 2.19.2.1 for nonpayment ofany 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 for violation of rules, service agreements, or filed price lists; 2.19.2.5 for use of Customer equipment which adversely alfects 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 all or any material portion ofsuch facilities inoperable beyond leasible repair; or 2.19.2.6 for lraudulent obtaining oruse of service. including, but not limited 10: (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. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 ldaho Tariff No. 1 Original Page 24 TOCAL EXCHANGE SERVICES TARIFF 2. 19.3 Without Written Notice to the Customer The Company may deny or discontinue the fumishing ofany 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: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety. or property exists. or it is necessary to prevent a violation olfederal, state or local safety or health codes. 2.19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 2.19.3.3 Services Obtained Illegally. The services(s) was (were) obtained, dive(ed or used without the authorization or knowledge ofthe Company. 2.19.3.4 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. 2.19.3.5 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. 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 ol service or use olservice for unlawful purposes, the Company may immcdiately discontinue or suspend service. lssued by: Effective: TBDlssued: TBD LD Barthlome, Member Envision Networks LLC o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD a3zo4-7299 o ldaho Tariff No. L Original Page 25 LOCAL EXCHANGE SE RVICES TARIFF 2. I 9.4 Notice of Disconnection 2. 19.4. I Seven-Dav Notice Exoept 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 belbre the proposed date of termination. The written notice will contain the information required by IDAPA 3l .41 .01 .306. 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 inlormation as required by IDAPA 31.41.01.306. lf the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject ofa pending complaint before the ldaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent efTort to contact the Customer to advise the Customer ofthe proposed action. lf 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 2. 19.4.1 ofthis price list, related to Seven-Day Notice. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD 2.1 9.4.2 T*'entv-Four-Hour Notice 2. I 9.4.3 Additional Notice o a Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 Original Page 26 LOCAT EXCHANGE SERVICES TARIFF Ifthe Customer cancels a service order or terminates service before the completion ofthe 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 corurection 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 fot the remaining term specified in the service order. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD 2. 19.5 Customer Cancellation of Service o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 o ldaho Tariff No. 1 Original Page 27 TOCAL 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 of this 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 for service reconnection. 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 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 affrliate ofthe Customer; pursuant to any sale or transfer ol substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. lssued: TBD LD Ba rthlome, Member Envision Networks l-LC lssued by: Effective: TBD o O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 Original Page 28 LOCAL EXCHANGE 5E RVICES TARIFF 2.22 Pronrotions The Company may provide promotional offerings from time to time. The Company will notil, the Idaho PUC ten ( l0) days in adva:rce ofthe rates, terms & conditions ofany such promotions. 2.23 89L1. The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing ofE9l I calts. The Company's switches will be equipped with E91 1 trunks and all E91 1 traffrc will be switched by the Company to the incumbent local exchange carrier for routing or to another provider as allowed by the Idaho Public Utilities Commission. 2.24 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 LD Barthlome, Member Envision Networks LLC lssued by Effective: TBDlssued: TBD O Envision Networks LLC 9950 Pepper Grass Pt Pocatello, tD 83204-7299 a lda ho Tariff No. 1 Original Page 29 LOCAL EXCHANGE SERVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 3.1 Goneral Local Exchange Services provides the Customer with connection to the public switched telecommunications netw'ork. 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 stalions on the public switched telecommunications network; (b) access other services offered by the Company as set lbrth in this price list: (c) access certain interstate and international calling services provided by the Company; (d) access the Company's operators and business offices for service related assistancel (e) access emergency services by dialing 9-1-l ; and (f) access services provided by othet 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. lssued by: Effective: TBDlssued: TBD LD Ba rthlome, Member Envision Networks LLC a o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7 299 ldaho Tariff No. 1 Original Page 30 LOCAL EXCHANGE SERVICES TARIFF 3.2 Scrvice Dcscriptions Local Exchange Service - Telephone Service - is offered to one class of customers: Residential customers The service is classified as residential when none ofthe following conditions exist: l. The service is fumished 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 oflocal exchange service. lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD o o Envision Networks LLC 9950 Pepper Grass Pt Pocatello, lD 83204-7299 ldaho Tariff No. 1 Original Page 31 TOCAL EXCHANGE SERVICES TARIFF 3.2. I Residential Sen'ice Telephone service is provided to residential customers on a single line, two-way, inbound and outbound basis. Residential telephone service includes Touch-Tone dialing and Caller-lD. See Section 5 for Rates. lssued:TBD LD Barthlome, Member Envision Networks LLC lssued by: Effective: TBD t I Envision Networks LLC 9950 Pepper Grass Pt Pocatel lo, lD 83704-7 ?99 ldaho Tariff No. 1 Original Page 32 TOCAL EXCHANGE SERVICES TARIFF 5.0 RATES AND CHARGES 5.1 Local [xchange Service 5.1.1 Residential Service Non-Recurring Charge s76.00 s75.00 Monthly Rate s4s.9s 5so.9s lssued: TBD LD Barthlome, Member Envision Networks LLC lssued by Description Single Telephone Line Digital line with Voice Mail Effective: TBD