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HomeMy WebLinkAbout20221219Application.pdfApplication for Registration of ) EarthGrid PBC dba EarthGrid PBC Corporation ) To Provide Facilities-Based and Resold Local ) Exchange Telecommunications Services in Idaho ) iiLi",Ll\"1ED ,'-.'ii:[[ i9 B.H l0: L5 , - r. !-l::lil l/5'1. ' ; Li.JLl'v ' -rlOi{i\ilSSlON BEFORE THE IDAHO PUBLIC UTILTTIES COMMISSION Case No. EPC-T- 4.2:O, APPLICATIONTO PROVIDE FACILITIES.BASED AND RESOLD LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES Pursuant to IDAPA 3 LOl .01 . I I 4 and the Idaho Public Utilities Commission Order No. 32277 in Case No. GNR-T-I l-01, EarthGrid PBC dba EarttrGrid PBC Corporation ("EarthGrid" or "Company") respectfully requests that the ldaho Public Utilities Commission ("Commission") approve the Company's application to provide facilities-based and resold local exchange telecommunications services in ldaho. All conespondence, notices, inquiries and other communications regarding this Application should be addressed to: Connie Wightman Consultant to EarthGrid PBC dba EarthGrid PBC Corporation Inteserra Consulting Group l5l Southhall Lane, Suite 450 Maitland, Florida 3275 I Telephone: (407')740-3002 Facsimile: (407)740-0613Email: cwiehtman@inteserra.com In support of its Application, EarthGrid submits the following: 01. Name, Address and Form of Business: (a)Earthcrid PBC Corporation is a Corporation incorporated in the State of Delaware. The main address ofthe Company is: Earthcrid PBC Corporation I West Barrett Avenue Richmond, CA 94801 Telephone: 833-327-8441 Toll Free: 833-327-8441Website: www.EarthGrid.io Exhibit A includes a copy of the Company's Articles of Incorporation and the Secretary of State certificate. Idaho Application of EarthGrid PBC dba Earthcrid PBC Corporation Page I The Company's Registered Agent in Idaho is: SYNERGY CORPORATE SERVICES LLC 921 S Orchard St STE H Boise, ID 83705 (b) 0flicers and Directors Officers and Directors of EarthGrid PBC dba EarthGrid PBC Corporation are provided as Exhibit B. (c) Stockholders/Orvners Owners holding a 5%o or greater interest in the Company are provided as Erhibit C. The Company has no affiliates or subsidiaries. 02. Services and Territory The Applicant proposes to offer point-to-point intraexchange and interexchange telecommunications service, including local exchange services within the State of Idaho using ie own facilities and services available from other facilities-based cariers. Pointto point services will be offered to Wireless Service Providers (WSPs), other telecommunications carrien and communications providers, municipalities, tribal communities, and commercial customers. Applicant seeks authority to provide service via its own lit and dark fiber facilities and/or through resale arrangements. 03. Financial Information EarthGrid's current profit and loss statements are provided in Exhibit D. Pursuant to Rule 229, the Applicant is requesting confidential treatment of these statements. 04. Tariffs and Price Lists EarthGrid's Price List is provided as Exhibit E. Pursuant to Title 62 of the ldatro Code, the Applicant is electing to operate on a detariffed basis for its local exchange business services and will post its rates, terms, and conditions on its website at www.EarthGrid.io/regulatory 05. Tariff and Customer Contact The contact for tariffand price list questions and for customer complaints and inquiries is: Scoff Lane, COO EarthGrid PBC dba EarthGrid PBC Corporation 2625 AlcatazAvenue, Suite I I I Berkeley, CA 94801 Telephone: 833-327-8441E-Mail: scott@eertherid.io Toll Free: 833-321-8441 Idaho Application of EarthGrid PBC dba EarthGrid PBC Corporation Page2 06. Interconnection Agreements The Applicant intends to offer service in the areas currently served by CenturyLink and other providers as deemed appropriate. EarthGrid will mirror the basic local calling scopes of the incumbent local exchange companies. 07. Compliance with Commission Rules The Applicant has reviewed all of the applicable Commission rules and agrees to comply with those rules. 08.Conseruation of Telephone Numbers The Applicant acknowledges that, if it obtains numbering resources in Idaho, it will be subject to numbering conservation measures, including mandatory one thousand block pooling, donation back to the pool of unused or underutilized thousand number blocks, and submission of applicable utilization/forecast reports at the one thousand block level for each rate center within its service tenitory. Wherefore, EarthGrid PBC Corporation respectfully requests that the Commission: l. Approve EarthGrid PBC dba Earthcrid PBC Corporation's Application to Provide Facilities-Based and Resold Local Exchange Telecommunications Services; and 2. grant such other reliefas it deems necessary and appropriate. Respectfully submitted, EarthGrid PBC dba EarthGrid PBC Corporation V'o, Ag,/r,* rroyHelmine^{1 a_/Founder and CEO EarthGrid PBC dba EarthGrid PBC Corporation 2625 Alcatraz Ave, Suite I I I Berkeley, CA94705 Idaho Application of EarthGrid PBC dba EarthGrid PBC Corporation Page 3 EARTHGRID PBC DBA EARTEGRID PBC CORPORATION Exhibit A Articles of Incorporation with Amendments And Idaho Certificate of Authority itrlr ot Ihbrrrc S.cnrry oI tuf Ilvkh,r ol Cotpntrur Ihllrad t&$At0/lsn$ ELED rl$lM0Xirut0r6 SB mll5rlltll - F[clmln 516111? I t I ) I i !. It i I.rIt 1 r!i) t!.l )') i1'j .i, ii ,.i r tl :]t i ,il 1.t-..,,:i : ' l:j.i'.riitr'.'1., :.., .1,,":,:'' ::.r' ;i. . :ii',,:! ,, CERTIFICATE OT INCORFORATION O[' Red Gopher Cooporativo Corp. A NON-STOCK, NON-PROFIT ORGANIZATION FIRST: The name of the Corporation is Red Gopher Cooperative Corp. SECOND: Its registered office is to be locatod at l0l3 Centrc Rd. Suirc 4A3-A, Wilmington, DE 19805, County of New Castle. Ttre registercd agent theroof is American Incorporators Ltd. whose address is the same as above. THIRD: The Corporation is a nonprofit organization o'rganized and operated exclu.sively for one or morc religious, charitable, scientific, testing for public safcty, literary, or educational purposes, or to foster national or international ar-nafeur sports competition (but only if no part of its sctivities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to childrren or animds, within thc meaning of Section 501(c)(3)of the Intemal Revenue Code of 1954 as amended, or the corresponding provisions of any subscquent federal ta:r law. Notrvithstanding any provision of this Certificate or any provisions of applicable state law to the conftary, the Corporation shall not have tre power to carry on any activities which would carse it to hil to qudiry, or to continue o qualifl, as (a) an organization exempt from fderal inoome tax under Section 501(cX3hf the Intemal Revenue Code of 1954, as amended, or the corrcspo'nding provisions of alry subsequent United States Internal Revenue law, or (b) any organization, contibutions to which are deductible undcr Sections fiA,2A55 and2522 of the same Intcrnal R"evenue Code as amcndod. The Corporation shall be authorized to solisit, receive and administer fimds for the above purposes but the Corporation shall not be authorized to accept gifts or contributions for other than the purposes hcrein bcfore stated. The funds of the Corporation shall not be restricted in use to people of any race, color, sex, national origrn, religiorl marital stats, disability, sexual orientation, v€teran status or creed and such funds shall be administered on a nondiscriminatory basis. Thc Corporation shall have the auttrority to excrci$e all of tbe powers oonferod upon.corporations organized not for profit and without authority to issue capital stock under the provisions of the General Corporation I:w of the State of Delaware, provided that the exercise of any such powers shall be in firfterance of any one or more of the aforesaid exempt purposcs of the Corporatiorl and within such limitations shall include as its purposes, but not be limitcd to, the general promotion of thc health of and a safer environment for the citizens of the United States of America. FQTJRTII; The Corporation sball be a membership corporation and shall have no authority to issue oapial stock. The Mernbers of the Corporation shall be the Directors thereof and shall act as the Members and Directors of ths Corporation until the election of their successors as provided in the Bylaws of the Corporation. ,EIEIII: ; Nu.part of the eamings of the Corporation shall ever inruc to the benefit of orbe distributable to arry :' Membcr or individual having a personal or private interest in the activities of the Corporation, and no substantial part of the activities of the Corporation shall ever be the carrying on of propagand4 or ,.porr06lD o&errivise athnding to influence legislation. The Corporation strall not participate in or interwne in (including the publishing or distributing of statemenh), any political carrpaign on behalf of any condidate for p-ublic office. No Ofiicsr, Director, Member or employee of the Corporarion sha.ll receive or be laurfrrlly entitled to receive any pecuniary profit ftom the operatio.ns and astivities of the Corporation cxcept reimbursement for out of pocket expenditures and reasonable compcnsation for services actually rendered to and on behalf of the Corporation. SUEE: Tho affairs and business of the Corporation shall be managed and conducted by the Board of Directolt. The qualifications, election, numb€,r, tenure, powers, and duties of the mernbers of the Board of Dircctors shall be as provided in the Bylaws. $EYEhIIII: - If, at any time or times, the Corporation shall be classified as a private foundation under Unitod States Intcrnal Rcricnuc laws, then at sush time or times the Corporation shall be subject to the following restrictions: (l) The Corporation shall not engagc in any aet of selfdealing as defined in Section a94l(d) of the htemd Revcnue Code of 1954, as arnended, or corrcsponding provisions of any subsequent federal ta:r laws. (2) Thc C;orporation shall distribute its incsme for each taxable year at such time and in such qannqr so as not to become subject to the tarc on uudisuibuted income imposed by Section 4942 qf thelgFrnal Revenue Code of 1954, as amended, or corresponding provisions of any subscquentfedcral tan laws. (3) The Corrporation shall not retain any exsess business holdiogs as dcfined in Section a9a3(c) of the Internal Rsvcnue Codc of 1954, as amendcd, or cottcsponding provisions ofany subsequentfederal tax laws. (a) The Corporation shall not make any investnents in such manner as to subject it to tax rmder Section 49,04 of the Internal Rpvenue Code of 1954, as amcnded, or corresponding provisions of arry zubsequent Hcrd ta>r laws. (5) The Coqroration shall not make any tatable expenditures as defined in Section 4945(d) of the lntcrnal Revenue Code of 1954, as amcndod, or corresponding provisions ofany subsequent federal tan laws. EIGTXIE: No Member of the Corponrrion, member of thc Board of Dircctors or Officcr shall bo pcrsonally liable for the paymetrt of the debts of the Corporation except as suoh Member, Director, or OfEcer may be liable by rea$m of his own conduct or ac{s. iYINTH: In fuilherance and not in limitation of the powers conferred upon the Board ofDirectors by law the Board of Directors shall have the power to makc, adopt, or rcpeal, fro.m time to time, the By-laws of the Corporation. TENTII:,., . ' trrnthe event of the tiquidatiou dissolution, or winding up of the affairs of thc Corporatior; whethsr., ' , ,vdhlntry, involunury, or by operation of law, the Board of Directors of the Corporation shall, except ",,,,, - : ,'d$trt4ybe otherwise provided by law, transfer all of tho asssts of thc Corporation in such manncr as-the Directors, in the exercise of their discretion, may be a majority vote determine; provided however, that qon06lD any such distibution of asssts shall be calculated to c.arry out thc objects and purposes hereinbefore statd in Article THIRD hereofl and only suoh objects and purposes; an4 provided firrther, that such distributions must be to one or more organizations (a) which are oreurpt ftom tax as organizations described in Section 501(cX3)of the Internal Revenue Code of 1954, as amended, or the conesponding pmvision of any subsequent United Statcs Internsl Rwenue laws, and (b) contributions to which are dcduetiblc undcr ttre provisions of Sections I 70, 2055, er,fr2522 of the Intsnal Revenue Code of 1954, as amendcd, ortrc corresponding provisions of my subsequent United Statc Intemal Rcvenuc laws. ELEYE}TTH: Thc Corporation reservcs the right to amon4 alter, or repgal any provisions contained in this Ccr.tificate of Incor.poration in a manner now or hereafter prescribed by applicablc statrtes, and all rights conferred hercin are granted subject to this reservation; provided, however, that no anendment shail authorizpthe Board of Directors or thc Mcmbcrs of the Corporation to csnduct the affairs of the Corporation in any rnaoner or for any prupose contrary to the provisions of Section 501(cX3Ff the Irrtcrnal Revcnuc Code of 1954, as amcndcd, or the corrcsponding provision of ury gubsqugnt United Statcs Inteinal Revemrc laws. L\YELFTII: The powa of the incorporator will terminate upon filing of the Certificate of Incorporation. The name and addrcss of tha incorpor,ator is as follows: Curtis Sweltz l0l3 Cenre Rd. Suite 403-A $lilmingtoru DE 19805 FOI.IRTEENTII: The duration of the Corporation is to bc perpennl. I, TIIE IINIIERSIGNED, for the ptr{pose of forming a Corporation rmder the laws of the StaE of Delaunrc, do make, ffle and record this certificate, and do certify ttnt tho facts stated hcrein ar€ tntre, and I bave acoqdiugly setmy hand as of Sepemba23,20l6 Curtis Sweltz N{CORPORATOR rqori06lD Statement of Incorporator IN LTEU OF ORGANIZATION MEETING OF RED GOPHER COOPERATTVE CORP. THE UNDERSIGNED, being the Incorporator of Red Gopher Cooperative Corp. a corporation of the State of Delawarg does hereby adopt the following resolutions and takes the following action by written consent in lieu of a meeting: RESOLVED that a @py of the Certificate of Incorporation of Red Gopher Cooperative Corp., as filed in the Office of the Secretary of State of Delaware on the September 23, 2076,be, and the same hereby is, ordered filed in the minute book of this corporation; and RESOLVED, that the number of initial directors forming this corporation shall be One (1); and RESOLVED, that from this day hence, the undersigned has fuIfilled the duties of Incorporator and relinquishes all further duties to the initial Directors of Red Gopher Cooperative Corp.; and RESOL\IED, that the following named person(s) shall constitute the initial director(s) of Red Gopher Cooperative Corp.: Troy Helming Signed and executed by the Incorporator on September23,2016. Curtis Sweltz Inmrporator Shrr of DdrrrF Scnbry of $rb DlyUol of Corpontlou Ddvrnd 0ll6llf06nf/!0tt IILED 09:26lll $n6n0fi SR 201&2172U9 - IlLNuubcr 61612l?AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF RED GOPHER COOPERATTVE CORP. Thc undersigned, Presideat of Red Gophcr Cooperative Corp., I non-stock, non-Fofit organization organized and exirting urdor tbe laws of the State of Delaunrc, pur$Ent to thc Generat C,orporation Law of the State of Delawarc (hereiruser "the Corporation'), does hercby certify as folloua: (l) Th* the Certificale of Incorporation of Red Gopher Cooperative Corp. was filed wittt thc Secrcnary of Stste of the State of Delaware Septernber 23, 2016; and (2) That the Corporation hereby amends and fully rcstrabs the Certificate of Incorporation, pursuant to a rrcsolution of the Board ofDiregtors of the corporation Now thercfore, the undcreige{ pursuant to Sections 242 at:d245 of the General Corporation Lanr of&e State of Delanvare, does hereby restate and amend the Crrtificate of Incorporation as follows: AMENDED A}.ID RESTATED CERTITICATE OF INCORPORATION OF RED GOPHER COOPERATIVE PBC A PUBLIC BENEFIT CORPORATION FIR"ST: Ths narre of the corporation is Red Gopher Cooperative PBC (h*cinafter "tre Corporation) SECO}ID: Ihe registered office of this cotporation in ttre State of Dclaware is l0l3 Csntrc Roa4 Suite 403-A" Y/ilmington, Ncw Castle County, Delaware I9805 and its registered agent at that address is American Incorporators Ltd. THIRD: Tbe purpose of the corporation is to develop and build a subtemanean clean eoergy supcrhighway system to connect low cos[ fixcd price wind and solar power ptants to cities and indusrid centeis. The Corporation shall then dcvelop and build a network of vacuun tmnels underground to support Hyaerloop and other forms of low cost, super-bigh-speed transportation solutions designed for the 2l$ cenhrry. FOURTH: The amorurt of the authorized capital stock of this sorporatioo is One Million (1000000) shres with a par value of O0001 and are to be of one class. FIFTH: The name and address of &e incorporator are: Curtis Sweltz, l013 Cenbe Road, Suite 403-4, Wilminglon, NewCastle County, Delaware 19805 SIXTH: Each persoa who scrcs as 8 dircctor ofthe corporation shall not be liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a dtrector, except to the o$ent such excnrption from liability or limitation $ereof is not permincd under the Gmeral Corporation law of the State of Delaware as the same exists or may hereafter be amended. Any amendmcnt, modification or rqeal ofthe foregoing sentenc'e by dre stockholders of the corporction shall not adversoly affect ony rigfit or protcction of a direc,tor of the oorporation in rtspect of any act or omission occurring prior o the time of such amcndmen! modification or repeal. IN WITNESS WHEREOF, the undersigned, thePresidentof theabove refercnced corporation, fot the purpose ofamending and restating the Certificere of lncorporaeion pursuant to Scctions 242 arrd 245 ofthe General Corporation Law of drc State of Delaurarc, do make this certifroate and accordingly have hereunto ex€cuted this Certificate this 22nd dayof Marcta 2018. 4-, ^H/-,.r;"mim7 Cerdflcete ofAmendment of Cer{ficate of Incorporatlon Red Gopher Cooperative PBC, a corporation organized and existing under and by virhre of tbe General Corporation l-aw of the Strate ofDelaware, DOES I{EREBY CERTIFY: EIRST: That at a meeting of the Board of Directors of Red Gopher Coqerative PBC, the following resolutions were duly adopted setting forth proposed asrendment of the Certificate of Incorporation of said corporatioa, declaring said amendment to be advisable and consent of the stocl&olders of said corporation for consideration thereof The resolution setting forth the proposed amendment is as follows: RESOLVED, that the Certificate of Incorporation of this corporation be amended by changing the Article thereof numbened "FOURTH' so that, as amended, said Article shall be and read as follows: The amount of toAl anthorized capital stock of the corporation is One Thousand Five Hundred (1500) oourmotr shares with a parvalue of $0.000000. SECOND: That said amendments were duly adopted in acoondance with the provisions of section 242 of tbe General Corporation law ofthe Sarc of Delaware. IN WTINESS I|.HEREOF, said Red Gopher Cooperative PBC, has caused this oertificate to be signed by the hesident this 2ls day of January, 2020. By:/s/TrovHelmitrc TroyHelming hesident $trtc of D&rrn Socnbry of Sbtr Dhth of Co4ontbrr Ddlvcnd l0{1All0/nUl;020 IttH) l0d2llluilnt,J SR 10illl07{Sl - I&Nunba 6161217 Shh of D&f,ln Sarfiry of 8[t Xllrlhr of Corpnthr Ddhmd 0{53PM064r2020 trr,Ell o{sPlrlwrmwo SR 20205r71fl7 - IlcNlotr 6l6l2t7Certlflcate of Amendment of Red Gopher Cooperatlve PBC Red Gopher Gooperatlve PBC a corporation organlzed and exlsting underand byvirtre of the Corporation Law of the State of Delaware, DOES HEREBY CERTIFY: FIRST: That at a meeting of the Board of Dlrectors of Red Gopher Gooperatlve PBC the following resolution was duly adopted by the Board of Directors setting furth a proposed amendment of the Certlficate of lncorporation of sald corporation, declaring said amendment to be advisable. The resolution sefling forth the proposed amendment ls as follows: RESOLVED, that the Certificate of lrrcorporation of this oorporation be amended by changing the Article thereof numbered 'FIRST, so that, as amended, said Artcle shall be and read as follows: The name of the corporation is: EarthGrld PBC lN WTNESS THEREOF, said Red Gopher Gooperatlve PBC has caused his Certificate to be signed by its President on this 29h day of June, zm0. Bv: /slTrov Helmino Troy Helming, Presldent State of ldaho CERTIFICATE OF REGISTRATION OF EarthGrid PBC dba EARTHGRID PBC CORPORATION Filing Number: 4289525 I, LAWERENCE DENNEY, Secretary of State of the State of ldaho, hereby certify that an application for Foreign Registration Statement, duly executed pursuant to the provisions of the ldaho Uniform Business Organization Code, has been rcceived in this office and is found to conform to law. ACCORDINGLY, by virtue of the authority vested in me by law, I issue this certmcate of Registration to transac{ business in thls State and attach hereto a duplicate of the application for such certificate. Dated: 24May 2021 Lawerence Denney Secretary of State Processed by: Business Division EARTHGRID PBC DBA EARTHGRID PBC CORPORATION Exhibit B Officers and Directors EarthGrtd PBC dh Elrecrfi PBG Corpon0on Officersand Directors All ofrcers and directors csn be reached at ttrc Company's hcadqrnrtqs location: 2625 AlcatrzaAvcnug Suito I t l, Bor|cctsy, CA 94?05 or at E33-32?-8441. Ofun: TroyHclming Scott t ane Bon lvdar*hart Ian Doylc $hawnMclaughlin Jefflrvine Edu/ad Corncjo Dircctorr: ChrisGsrlach Rrcholle Chong J-D. Tlde Founder&CEO coo cTo cRo SVP of Electrtcgl Eryincering and Telecommunisatiorr S\lP Projects ald Construstion VP of Engincering Dirwtor Dircctor EARTHGRID PBC db. EARIHGRID PBC CORBORATION E)&ibit c Stockhold€rs SYo or greater inter€st in ttrc Cunpany Nrme Troy Helmfig SconLano GrcenRoach Inc. Helming Family Trust Penccnhre 2Wo ZWo 4We l3Yo EANTHGnID PBC dbl E.ARUGruI'PBC CORPIORATION E &ibitD Financial Informdion The fimnchl slitoncrlB of Bar&Gdd PBC dbs E8r&GrH HIC Corpordon at! being nrbmitrd urdor a sepotatc oovGrr with a rcqrcst for mnfiffial &eafineitt EARTHGRID PBC dba EARTEGRID PBC CORPORATION Exhibit E Price List EARTHGRIDPBC Idaho Prioe List Original TttlcPags FACILITIES-BASBD AND RESOLD LOCAL EXCHANGE TELECOMMT'MCATIONS SERVICES FURNISHED BY EARTTICruD PBC IN THE STATEOF IDAHO This Price List contains the descriptions, rryuladons, aod rdcs applicable to the funristring of scnrice and facilities for local exchange telecommunication rrvices providod by ErthGrU PBC fm ccnriccs frnflishcd within the Stmc of ldaho. This prico list is pwtcd on tfio cornpany's wobcits urww.earttryrid.io. EARTHGRID PBC Idaho Price List Original Page I CHECK SHEET All sheets inclusive of this price guide are effective as ofthe date shown at the top of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original price guide and are cunently in effect as of the date on the top of this sheet. PAGE Title I 2 3 4 5 6 I 2 I 2 3 4 5 6 7I 9 r0il t2 t3 t4 I5 PAGE r6 l7 l8 t9 20 2t 22 23 24 25 26 27 28 29 30 3t REVISION Original t Original + Original + Original * Original * Original t Original * Original t Original t Original * Original * Original 'Original + Original + Original 'iOriginal * Original t Original + Original t Original * Original 't Original + Original 'tOriginal * REVISION Original * Original * Original * Original * Original t Original * Original t Original * Original * Original * Original I Original + Original * Original + Original t Original * tsART}!C}RID PBC Id{ho Frios List Origrml Paep2 TABLE OF CONTENTS Title Shoot ..Titlc ShoEt I Tahlc of Conterrts ...."..a Symbols ........,..........-...3 Scction I - Tochnical Tcrnrs and Abbrcvhfiions r.................... ...".............5 Soedon 3 - Ilescripdon of Scryicc ...............,....2t EARTHGRIDPBC IdahoPricc List Originsl Page 3 SYMBOLS The following symbols shdl be uscd in this price lis for ttc purpmes irdicaed belorr: C To indicate changed regulation. D To indicate discontinued rate or rcguldion. I To indicate insEased ratc. M To indicate a movc in thc locdion of to<t. N To indicate ncw rate orregulation. R To indicatc rcduced rma g TosignifrrcissrdmatEr T To indicate a changc in tort but no change in mte or regulation EARTHGRID PBC Idaho Price List Original Page 4 A. B. C. D. PRICE LIST FORMAT Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially, however, new pages are occasionally added to the price list. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and l5 would be 14.1. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 46 Revised Page 14 cancels the 3d Revised Page 14. Because of various suspension periods, deferrals, etc., the most current page number on file with the Commission is not always the price list page in effect. Consult the Check Sheet for the page currently in effect. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: l. l.A. r.A.l 2.1.l.A.1.(a). 2.1.l.A.l.(a).1. 2.1.1.A.1.(a).I.(i). 2. l. l.A. l.(a).I.(i).(l ). Check Sheets - When a price list filing is made with the Commission, an updated Check Sheet accompanies the price list filing. The Check Sheet lists the pages contained in the price list, with a cross reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The price list user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. 2 2 2 2 2 EARTHGRID PBC Idaho hice List Original Page 5 SECTION I - TECHNICAL TERMS AND ABBREVIATIONS 9l I Service Area - The geographic area in which the 9l I customer will respond to all 9l I calls and dispatch appropriate emergency assistance. Additional 9l I Exchange Line - Additional terminating lines at a PSAP that may be ordered by the 9l I customer. Advancc Payment - Payment of all or part of a charge required before the start of service. Alternate PSAP - A feature provided to allow 9l I calls to be routed to a designated alternate location if the9ll exchange lines to the primary PSAP (see definition of PSAP following) are out of service for any reason. Altemate Routing - A feature that will route a 9l I call to a location other than the primary PSAP, should some temporary condition prevent the primary PSAP from answering the call. Authorized User - A Customer, or any other person, firm, corporation, or other entity authorize.d by a Customer to use Service provided under this Price list or placed in a position by the Customer, either through acts or omissions, to use Service provided under this Price list. Automatic Location ldentification (ALI) - A feature by which the name and primary service address associated with the calling parly's telephone number (identified by ANI as defined below) is fonuarded to the PSAP for display. Telephones associated with a calling party's telephone number but which are physically located elsewhere (off-premises extensions, secondary locations, etc.) can also be identified with the same address associated with the calling parly's telephone number at the primary location if the 9l t customer enters this same information into the remarlcs section of the ALI record. No ALI data is provided when a call is sent to Default Routing @R). Automatic Number ldentification (ANI) - A feature by which the calling party's ANI telephone number is forwarded to the PSAP and displayed on the PSAP monitor. Business Telephone Service - Telephone service to a business location or to a residential location, where the customer has no regular business telephone and the use of the Service, either by himself, members of his household. or his guests. or parties calling him, can be considered as more of a business than of a residential nature, which fact might be indicated by advertising - either by business cards, newspapers, handbills, billboards, circulars, motion pictures. screens. or other advertising matter, such as on vehicles, etc.; or when such business use is not such as commonly arises and passes over to residential telephone during the intervals when, in compliance with the law or established custom, business places are ordinarily closed. EARTHGRID PBC Idatro Price List Original Page 6 SECTION r - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) Call Trace - Allows a Customer who has been receiving harassing or annoying phone calls to have the number of the caller recorded and kept by the Company. Customer must then file a complaint with appropriate law enforcement agencies. Called Party Hold - Enables the PSAP attendant to hold a 9l I connection even if the calling party hangs up. Caller - An individual who places a 9l I call in order to obtain emergency assistance. May also be referred to as an end user. Carrier - Earthcrid PBC CIR - Committed Information Rate Class of Service (COS) - Used to prevent a Station from dialing certain codes and numbers. Commission - Idaho Public Utilities. Common Canier - An authorized Carrier or entity providing telecommunications services to the public. Company - Refers to EarthGrid PBC Completed - A call which the Company's network has determined has been answered by a person, answering machine, fax maching computer modern device, or other mechanical answering device. Customer - The person or legal entity which subscribes to, utilizes, or entem into arrangements for Carrier's telecommunications services and is responsible for payment of Carrier's services. Customer-Provided Equipment (CPE) - Equipment provided by the Customer for use with the Company's Service. CPE can include a station set, facsimile machine, key system, PBX, or other information, communication, or power system. Default Routing - A feature activated when an incoming 9l I call cannot be selectively routed due to an ANI failure, garbled digits, or other causes. Such incoming calls are routed from the 9l I Control Office to a default PSAP. Each incoming 9l I facility group routed to the Central Office is assigned to a designated default PSAP. This is a standard feature of 9l I Service. No ANI/ALI data is provided when a call is sent to Default Routing. EARTHGRID PBC Idaho Price List Original PageT SECTION r - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) Dial Pulse (DP) -The pulse type employed by rotary dial Station sets. Display and Transfer Unit - A selector console and associated common equipment for displaying AM numbers at the PSAP attendant position and used by the attendantto activate Fixed and/or SelectiveTransfer functions. Diverse Routing - Diverse routing provides for the processing of 9l I calls over alternate paths to rcduce service interruptions due to possible interference in facilities. This feature is available only where adequate facilities exist. Dual Tone Multi-Frequency (DTMF) - The pulse type employed by tone dial Station sets. Emergency Response Agency - An Emergency Response Agency (ERA) is a functional division of an agency authorized to respond to requests from the public to meet emergencies related to safety and/or health. The agency is prepared to provide its service(s) in response to a 9l I call received at, or transfened from, a PSAP. Emergency Ringback - Allows the PSAP attendant to ring back the caller's line. This feature may only be available if the call is routed to the PSAP via dedicated facilities. This feature may not be available with arrangements using tandem switching. End Office - The Central Office(s) in the 9l I System from which a 9l I caller is served. Exchange Carrier - Any individual, partnership, association, joint stock company, trust, govemmental entity, or corporation engaged in the provision oflocal exchange telephone service. Fixed Transfer - A feature which enables a PSAP attendant to transfer incoming 911 calls to secondary PSAPs by use of a single button on the Display and Transfer unit. Forced Disconnect - Enables the PSAP attendant to release a connection on a 9l I call, even if the calling party remains off-hook. Gbps - Gigabits per second EARTHGRID PBC Idaho Price List Original Page 8 SECTION l - TECFTNTCAL TERMS AND ABBREVTATTONS (CONT'D) Holidays - New Yeafs Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. Host Provider - The telephone company that serves exchanges within the 9l I customer's serving area and provides 9l I service to the 9l I customer and, where applicable, acts as the coordinator of other regulated telephone companies which serve as secondary providers within the 9l I customer's serving area. lndividual Case Basis - A service arrangement in which the regulations, rates, and charges are developed based on the specific circumstances ofthe Customer's situation. Intemrption - The inability to transport dat4 telephony or internet traffic due to equipment malfunctions or human erors. Interruption shall not include the failure of any service or facilities provided by a common carrier or other entity other than the Carrier. Any Intemrption allowance provided within this Price list by Canier shall not apply where service is intemrpted by the negligence or willful act of the Customer, or where the Carrier, pursuant to the tenns of this Price list, terminates service because of non-payment of bills, unlawful or improper use of the CanieCs facilities or service or any other reason covered by this Price list or by applicable law. Joint User - A person, firm, or corporation designated by the Customer as a user of Local Exchange Service furnished to the Customer by the Company, and to whom a portion of the charges for such facilities are billed under a joint use arrangement. Local Access and Transport Area (LATA) - A geographical area established by the U.S. District Court for the District of Columbia in Civil Action No. 82-0202, within which a local exchange Carrier provides communications services, Local Calling - A completed call or telephonic communication between a calling Station and any other Station within the local service area of the calling Station. Manual Transfer - A feature that enables the PSAP attendant to kansfer an incoming call by accessing a dial tone line and dialing either a seven-digit or ten-digit telephone number. Manual transfer is associated with the 9l I trunk unit and is a standard feature of 9l I Service. Master Street Address Guide (MSAG) - A perpetual database definingthe geographic areaof a9l I service, such as by an alphabetical listing of the street names, high-low house number ranges, community narnes, PSAP identification codes, and Emergency Service Number (ESNs). The E9l I customer is responsible for the construction and maintenance of the MSAG. EARTHGRID PBC Idaho Price List Original Page 9 SECTION r - TECHNTCAL TERMS AND ABBREVIATIONS (CONT'D) Mbps - Megabytes per second. MRC - Monthly Recurring Charge Message - A completed telephone call. Multi-Frequency (MF) - An inter-machine pulse-type used for signaling between telephone switches, or between telephone switches and PBX/key systems. Nonrecurring Charges (NRC) - The one-time installation charges for Service or facilities, including but not limited to charges for construction, installation, or special fees, for which the customer becomes liable at the time the Service Order is executed. NRC - Non-Recurring Charge Presubscription - A process whereby a Customer chooses a long distance carrier and is then able to access that carrier by dialing I +. Public Safety Answering Point (PSAP) - An answering location for 9l I calls originating in a given area. The PSAP responds first; the Emergency Response Agencies (ERAS) receive calls on a transfer basis only. PSAPs are established and operated by public service agencies such as police, fire, or emergency medical or by a common bureau serving a group of such entities. Recurring Charges -The monthly charges to the Customer for services, facilities, and equipment which continue for the agreed upon duration of the Service. Residential Service - Telephone service to a residential location which is not listed in the business section of the local telephone directory. Resold Services - Local exchange services provided by the Incumbent Local Exchange Carrier and resold by the Company. Secondary Provider - A regulated telephone company that participates in offering 91 I service under an agreement with the host provider. Selective Routing - A service that routes calls to the conect PSAP based on the caller's ANI. This service is available when an E9l I system is served by more than one PSAP or when a Central Office is split by a political boundary and one of the political areas does not subscribe to 9l I services or when a central office's political subdivisions are served by different 9l I systems. EARTHGRID PBC Idaho Price List Original Page l0 SECTION I - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) Selective Transfer - A feature providing persons at the PSAP the ability to transfer an incoming call to another agency by depressing a single button labeled with the type of agency, e.g., "Fire," on the Display and Transfer Unit. For a given 9l I caller, the unique combination of police, fire, and ambulance or any other appropriate agencies responsible for providing emergency service in the 9l I service area is defined by an "Emergency Service Number" (ESN). Service - Any Telecommunications Service(s) provided by the Company under this Price list. Service Commencement Date -The date on which the Company notifies the Customer that the requested Service or facility is available for use. Service Order - The written request for Service executed by the Customer and the Company in a format specified by the Company. lssuance of a Service Order initiates the respective obligations of the parties as set forth therein and pursuant to this Price list, but the duration ofthe Service is calculated from the Service Commencement Date. Serving Central Office - The Central Office from which a PSAP, either primary or secondary, is served Station - Telephone equipment from or to which calls are placed. Telecommunications - The transmission of voice communications or, subject to the transmission capabilities of the seryice, the transmission of data facsimile, signaling, metering, or other similar communications. Termination of Service - Discontinuance of both incoming and outgoing Service. Toll Calling - A completed call or telephonic communications between a calling Station and any other Station outside the local service area ofthe calling Station. Trunk - A communications path connecting two switching systems in a netrvork" used in the establishment of an end-to-end connection. EARTHGRID PBC Idaho Price List Original Page ll sEcTroN l - TECHNTCAL TERMS AND ABBREVIATIONS (CONT'D) Universal Emergency Number Service - A telephone exchange communication service for receiving telephone calls placed by persons in need of assistance who dial the number 9l l. Such calls are answered at PSAPs established and operated by the 9l I customer. The lines and equipment associated with the service arangement for the answering hansfening and dispatching of public emergency telephone calls are included. Universal Emergency Number Service Customer - A municipality, county, or other state or local government unit or an authorized agent of one or more municipalities, counties, or other state or local govemmental units to whom authority has been lawfully delegated within a defined geographic area to respond to public emergency telephone calls includin& at the minimum, calls requesting police and fire service. User - A Customer or any other person authorized by the Customer to use seruice provided under this price list. WAN - Wide AreaNetwork. EARTHGRID PBC Idaho Price List Original Page 12 SECTION 2. RULES AND REGULATIONS 2.1 Application of Price List 2.1.1 The Price List sets forth the service offerings, rates, terms, and conditions applicable to the fumishing of intrastate Local and Interexchange communications services by caxrier to Customers in the State of ldaho. Service is fumished for the use of Users in placing and receiving calls within ldatro. 2.1.2 Carrier's services may be provided over the telecommunications channels, facilities or services of other facilities-based carriers including the facilities of the incumbent local exchange carrier. 2.1.3 The rates and regulations contained in this price list apply only to the services furnished by Carrier to the Customer and do not apply, unless otherwise specified, to the lines, facilities, or services provided by the incumbent local exchange telephone company or other common canier for use in accessing the services of Carrier. 2.1.4 The Customer is entitled to limit the use of Carriefs services by end users at the Customer's facilities and may use other common carriers in addition to or in lieu of Carrier, 2.2 Terms and Conditions 2.2.1 In fumishing facilities and Service, the Company does not undertake to transmit messages, but fumishes the use of its facilities to Customers for communications. 2.2.2 Except as otherwise provided herein, Service is provided on the basis of a minimum period ofat least one month, 24 hours per day, and shall continue to be provided until canceled by the Customer. For the purpose of computing charges in this Price list, a month is considered to have 30 days. All calculations of dates set forth in this Price list shall be based on calendar days, unless otheruise specified herein. EARTHGRID PBC Idaho Price List OriginalPage l3 2.3 SECTION 2 - RULES AND REGULATIONS (CONT'D) Undertaking of the Company 2.3.1 RegulatoryCompliance Company will comply with all applicable billing and termination rules of the Commission, as set forth in the Idaho Code of State Rules, Title 6l . 2.3.2 Scope A. The Company undertakes to furnish telecommunications service in connection with one-way and/or two-way transmission of messages between points within the State of Idaho underthe terms of this Price list. When Service and facilities are provided in part by the Company and in part by other companies, the regulations of the Company apply only to that portion of the Service or facilities furnished by it. When Service and facilities are provided in part by the Company and in part by other companies, the regulations of the Company apply only to that portion of the Service or facilities fumished by it. When Service and facilities provided by the Company are used to obtain access to the regulated or unregulated services provided by another company, or are used by another company as part of the regulated or unregulated services offered by that company, the regulations of the Company apply only to the use of the Company's Service and facilities. The Company assumes no responsibility for any service provided by another company that purchases access to the Company's network in order to originate or terminate its own services or to communicate with its own customerc. D.This Price list applies only forthe use ofthe Company's Service within ldaho. This includes the use of the Company's network to complete an end-to-end call within Idaho and to obtain access to the intrastate and interstate Toll Call services offered by the Company. The provision of Local and Interexchange Phone Service defined herein is subject to the terms and conditions specified in this Price list and may be revised, added to, or supplemented by superseding issues. The provision of Service by the Company as set forth in this Price list does not constitute a joint undertaking with the Customer for the furnishing of any Service. B c E. F EARTHGRID PBC Idaho Price List Original Page 14 SECTION 2 - RLTLES AND REGULATIONS (CONT'D) 2.3 Undertaking of the Company 2.3.3 Shortage of Equipment or Facilities The Company reserves the right to limit or allocate the use of existing facilities or of additional facilities offered by the Company, when necessary, because of lack of facilities or due to some other cause beyond the Company's control. The furnishing of Service under this hice list is subject to the availability on a continuing basis of all the necessary facilities and technical capabilities and is limited to the capacity ofthe Company's facilities as well as facilities the Company may obtain from other carriers to fumish Service from time to time as required at the sole discretion of the Company. The Company shall not be required to finish, or continue to fumish, facilities or Service where the circumstances are such that the proposed use of the facilities or Service would tend to adversely affect the Company's plant, property or Service. The fumishing of Service may be subject to the Company's implementation of interconnection agreements with incumbent LECs. A. B. c. D. EARTHGRID PBC Idaho Price List OriginalPage 15 SECTTON 2, RULES AND REGULATIONS (CONT'D)- 2.4. Use of Services 2.4.1 Canier's services may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications facilities utiliz.ed in the provision of services. 2.4.2 The use of Canie/s services without payment for service or attempting to avoid payment for service by fraudulent m€ans or devices, or schemes is prohibited. 2.4.3 Caniefs services are available for use twenty-four hours per day, seven days pcr week, except with respect to limited planned out4ges about which the Customer will be provided advance notice. 2.4.4. Carrier does not transmit messages pursuant to this Price list, but its services may be used for that purpose. 2.4,5 Canie/s services may be cancelled for nonpayment of uncontested bill charges or forother violations of this Price list or any written service agrcement. EARTHGRIDPBC Idatro Price List OriginalPage 16 sEcTroN 2 - RULES AND REGULATIONS (CONT'D) 2.5 Liability of Carrier 2.5.1 The Carrier shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage) for any interruption, delay, error, omission, or defect in any service, facility (including services and facilities involved in emergency calling activity) or transmission provided under this price list, if caused by any person or entity other than the Carrier, by any malfunction of any service or facility provided by any other carrier, by an act of God, fire, war, civil disturbance, or act of govemment or by any other cause beyond the Carrier's direct control. 2.5.2 The Carier shall not be liable for, and shall be fully indemnified and held harmless by Customer and Subscriber against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slandec invasion, infringement of copyright or patent, unauthorized use of any trademark, tradename or service mark, unfair competition, interference with or misappropriation or violation of any contact, proprietary or creative right, or any other injury to any person, property or entity arising out ofthe material, data" information, or other conduct revealed to, transmitted by, or used by the Carrier under this price list; or for any act or omission of the Customer or Subscriber; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use, or removal of equipment or wiring provided by the Carrier, if not caused by negligence of the Carrier. 2.5.3 The Canier shall not be liable for any defacement of or damages to the premises of a Customer or Subscriber, resulting from the furnishing of service, which is not the result of the Canier's negligence. 2.5.4 Except when a court of competent jurisdiction finds that gross negligence, willful neglect, or willful misconduct on the Canier's part has been a contributing factor, the liability of the Carrier for any claim or loss, expense or damage (including indirect special or consequential damage) for any intemrption, delay, error, omission, or defect in any service, facility (including services and facilities involved in emergency calling activity) or transmission provided under this price list shall not exceed an arnount equivalent to the prorata charge to the Customer or Subscriber for the period of service or facility usage during which such intemrption, delay, error, omission or defect occurs. For the purpose of computing this amount, a month is considered to have thirty (30) days. EARTHGRID PBC Idaho Price List Original Page l7 SECTTON 2 - RULES AND REGULATIONS (CONT'D) 2.6 Service Availability The Company will provide the Customer reasonable notification of Service affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance, Generally, such activities are not specific to an individual Customer but affect many Customers' Service. No specific advance notification period is applicable to all Service activities. The Company will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned Service affecting conditions, such as an outage resulting from a loss of power or damage to facilities or equipment, notification to the Customer may not be possible. 2.7 Responsibilities of the Customer 2.7.1 The Customer is responsible for placing any necessary orders for complying with Price list regulations; for the placement of any stickea or tent cards provided by Carrier or as required by law; and for assuring that end users comply with Price list regulations. The Customer shall ensure compliance with any applicable laws, regulations, orders or other requirements (as they exist from time to time) of any governmental entity relating to services provided or made available by the customer to end users. 2.7.2 The Customer is responsible for charges incurred for special construction and/or special facilities which the Customer requests and which are ordered by Canier on the Customer's behalf. 2.7.3 If required for the provision of Carrier's services, the Customer must provide any equipment space, supporting structure, conduit and electrical power without charge to Canies. 2.7.4 The Customer is responsible for arranging access to its premises at times mutually agreeable to Carrier and the Customer when required for Carrier personnel to install, repair, maintain, program, inspect or remove equipment with the provision of Carrier's services. EARTHGRID PBC Idaho Price List Original Page 18 SECTION 2 - RULES AND RECULATIONS (CONT',D) 2.7 Responsibilities of the Customer (cont'd) 2.7.5 The Customer shall ensurie that the equipment and/or system is properly interfaced with Carrier facilities or services that the signals emitted into Carrier's network are ofthe proper mode, bandwidth, power, and signal level for the intended use of the Customer and in compliance with the criteria set forth in this Price list and that the signals do not damage equipment injure personnel, or degrade service to other Customers. If the Federal Communications Commission or some other appropriate certiffing body certifies terminal equipment as being technically acceptable for direct electrical connection with communications service, Carrier will permit such equipment to be connected with its channels without use of protective interface devices. If the Customer fails to maintain the equipment and/or the system properly, with resulting imminent harm to Carrier equipment, personnel, or the quality of service to other Customers, Carrier may, upon written notice, require the use of protective equipment at the Customer's expense. If this fails to produce satisfactory quality and safety, Carrier may, upon five (5) days written notice, via fint class U.S. mail terminate the Customer's seryice. 2.7.6 The Customer is responsible for payment of the charges set forth in this hice list or any written service agreement. 2.7.7 The Customer is responsible for compliance with the applicable regulations set forth in this Price list and any written service agreement. 2.7.8 The Customer shall indemnifr and save Carrier harmless from all liability disclaimed by Carrier as specified in Section 2,4. above, arising in connection with the provision of service by Canier. EARTHGRID PBC Idaho hice List Original Page 19 SECTION 2 - RULES AND REGULATTONS (CONT'D) 2.8 Prohibited Activities and Uses 2.8.1 The Service the Company offers shall not be used for any unlawful purpose or any use as to which Customer or User has not obained all required govemmental approvals, authorizations, licenses, consents and permits. 2.8.2 The Company may require a Customer or User immediately to shut down transmission of sigrrals if said transmission is causing interference to others. 2.8.3 The Company will require applicants for seruice who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that applicant's intended use complies with relevant laws and Commission regulations, policies, orders, and decisions. 2.8.4 Customer or User may not assign, or transfer in any manner, the Service or any rights associated with the Service without the written consent of the Company. The Company may permit a Customer to transfer its existing Service to another person or entity if the existing Customer has paid all charges owed to the Company for Service provided pursuant to this Price list. Such a transfer will be trcated as a disconnection of existing Service and installation of new Service. EARTHGRID PBC Idaho Price List Original Page 20 SECTION 2 - RULES AND REGULATIONS (CONT',D) 2.9. Claims Notwithstanding anything to the contrary in this hice list, with respect to any Service, equipment or facility provided by the Company, the Customer shall indemniff, defend and hold harmless the Company from and against all claimq actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees and court costs for: A.Any loss, destruction or damage to property of the Company or any third party, or the death or injury to persons, including but not limited to, employees or invitees of either party; to the extent caused by or resulting from the negligent or intentional act or omission of the Customer or User or either of their employees, agents, representatives or invitees; B.Any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or inrcllectual property right of any third party arising from any act or omission by the Customer or an Authorized User, including without limitation, use of the Service and facilities in a manner not contemplated by the Agreement between the Company and the Customer; or c.Any claim of any nature whatsoever brought by a User with respect to any matter for which the Company would not be directly liable to the Customer under the terms of this Price list. EARTHGRID PBC ldaho Price List Original Page?l sEcTroN 2 - RULES AND REGULATIONS (CONT'D) 2.10 Customer Equipment and Channels 2.10.1 General A User may transmit or receive information or signals via the facilities of the Company. A User may transmit any form of signal that is compatible with the Company's equipment, but, except as otherwise specifically stated in this Price list, the Company does not guarantee that its Service will be suitable for purposes other than those described herein. 2.10.2 Station Equipment Terminal equipment on the customer's or Authorized Use/s premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Customer. The Customer is responsible for the provision of wiring or cable to connect its terminal equipment to the Company's point of connection. B.The Customer is responsible for ensuring that Customer-Provided Equipment connected to the Company equipment and facilities is compatible with such equipment and facilities. Customer-Provided Equipment and facilities include, but are not limited to, telephones, key systems, PBX's other telephone-related equipment, data hansmitting and or receiving terminal equipment and alarm- sending devices that may be connected to the Company's facilities, as well as Customer premises inside wire, jacks, and other Customer facilities. All such Customer-Provided Equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47, Code of Federal Regulations; and all Customer-provided wiring shall be installed and maintained in compliance with those regulations. The magnitude and character of the voltages and currents impressed on Company provided equipment and wiring by the connectiorl operation or maintenance of such equipment and wiring shall be such as not to cause damage to Company-provided equipment and wiring or injury to the Company's employees or to other persons. Any additional protective equipment rcquired to prevent such damage or injury shall be provided by the Company at the Customer's expense. C.The Company is not responsible for malfunctions of Customer-owned telephone sets or other Customer-Provided Equipment, or for misdirected calls, disconnects or other Service problems caused by the use of Customer-Provided Equipment. A EARTHGRID PBC Idaho Price List Original Page22 SECTION 2 - RULES AND REGULATIONS (CONT',D) 2.10 Customer Equipment and Channels 2.10.3 Interconnection of Facilities Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing communications Service and the channels, facilities, or equipment of others shall be provided at the Customer's expense. B.The Service 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 this Price list and the other communications carrier's price list applicable to such connections. Facilities furnished under this Price list may be connected to Customer Provided Equipment in accordance with the provisions of this Price list. 2.10.4 Inspections Upon reasonable notice to the Customer, and at reasonable times, the Company may make such tests and inspections as may be necessary to assess the Customer's compliance with this Section 2.6. 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 notiry the Customer promptly if there is any need for further corrective action. In the time specified in the notice, the Customer must take this corrective action and notiry 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. If suspension of Service is required, the Company will, when practicable, notiff the Customer in advance. Where such prior notice is not practicable, nothing contained herein shall be deemed to impair the Company's right to suspend the Service forthwith. In no event shall Customer be eligible during any such period of inspection or period of suspension for a credit allowance for interruptions in the Service. A. C. EARTHGRID PBC Idaho Price List Original Page23 sEcIoN 2 - RULES AND REGULATIONS (CONT'D) 2.ll Cancellation or Interruption of Services 2.ll.l Without incurring liability, Carrier may discontinue services !o a Customer or may withhold the provision ofordered or contracted services, subject to the procedures set forth in 2.6.8.: For nonpayment of any sum due Canier for more than thirty (30) days after issuance of the bill for the amount due. For violation of any of the provisions of this Price list or any written service agreement, For violation of any law, rule, regulation, or policy of any goveming authority having jurisdiction over Canier's services, or By reason of any order or decision of a court, public service commission or federal regulatory body or other governing authority prohibiting Canier from furnishing its services. 2.11.2 Procedure for Discontinuance of Existing Service A. Carrier may discontinue service without notice for any of the following reasons If a Customer or User causes or permits any signals or voltages to be transmitted over Carrier's network in such a manner as to cause a hazard or to interfere with Carrier's service to others. 2.If a Customer or other user uses Carrier's services in a manner to violate the law. In all other circumstances, Carrier will provide the Customer with written notice via first class U.S. mail stating the reason for discontinuance and will allow the customer not less than fifteen (15) days to remove the cause of discontinuance. In cases of nonpayment of charges due, the customer will be allowed at least ten (10) days written notice via first class mail that disconnection will take place within five days, excluding Sundays and holidays, and the Customer will be given the opportunity to make full payment of all undisputed charges, and in no event will service be discontinued on the day preceding any day on which Carrier is not prepared to accept payment ofthe amount due and to reconnect service. A. B. C. D. B EARTHGRID PBC Idaho Price List Original Page24 SECTION 2 - RULES AND REGULATIONS (CONT'D) 2.ll Cancellation or Intemrption of Services (Cont'd) 2.11.3 Without incurring liability, Carrier may intemrpt the provision of services at any time in order to perform tests and inspections to assure compliance with price list regulations and the proper installation and operation of Customer and Carrier's equipment and facilities and may continue such interrupion until any items of non-compliance or improper equipment operation so identified are rectified. 2.12 BillingArrangements 2.12,1 Customers will either be billed directly by Canier or its intermediary. 2.12.2 Canier will render bills monthly. Payment is due by lhe payment due date shown on the biil. 2.12.3 Carrier may impose a late payment charge of l.5o/o per month, or such lower amount as required by law, on any bill not paid by the payment due date shown on the bill. 2,12.4 The Customer will be assessed a charge of twenty-five dollars ($25.00) for each chech draft, or electronic funds transfer submitted by the Customer to the Carrier which a financial institution refusa to honor. 2.13 ValidationofCredit Carrier reserves the right to validate the credit worthiness of Customers. EARTHGRID PBC Idaho Price List OriginalPage2l SECTION 2 - RULES AND REGULATTONS (CONT',D) 2.14 Contested Charges All bills are presumed accurate and will be binding on the Customer unless objection is received by Canier within thirty (30) days after such bills are rcndered. In the case of a billing dispute between the Customer and Carrier for seryice fumished to the Customer or an end user, which cannot be settled with mutual satisfaction, the customer can take the following coulse of action within thirty (30) days of the billing date: First, the Customer may request, and Carrier will provide, an in-depth review of the disputed amount. The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection. Second, if there is still a disagreement about the disputed amount after the investigation and review by a manager of Carriern the Customer may file an appropriate request for assistance or complaint with the Commission. The address and the telephone number of the Ccimmission is: Idaho Public Utilities Commission 472 West Washington P.O. Box 83720 Boise, ID 83720-0074 r-800432-0369 A. B EARTHGRID PBC Idaho Price List OriginalPage26 sEcTroN 2 - RULES AND REGULATTONS (CONT'D) 2.15 Deposits The Company does not require deposits. EARTHGRID PBC Idaho Price List OriginalPqe2T SECTION 2 - RULES AND REGULATIONS (CONT'D) 2.16 Advance Payments The Carrier may require a Customer to make an advance payment as a condition of continued or new service. The Carrier reserves the right to require, from an applicant for service, advance payments of nonrecurring charges, estimated usage charges, and other charges and guarantees in such amount as may be deemed necessary by the Canier for safeguarding its interests. In addition, where special construction is involved, advance payment of the construction charges quoted, may be required at the time of application. 2.17 Taxes All federal excise taxes and state, local sales taxes and regulatory fees, are billed as separate items and are not included in the quoted rates. 2.18 Promotions Carrier may from time to time offer services at a reduced rate, free of charge, or offer incentives for promotional, market research or rate experimentation purposes. Such offerings will be for a limited duration. All promotional offerings will be filed as a price list supplement. Promotional service offerings may not have a duration of longer than six months in any rolling l2-month period which commences as of the effective date of the filed promotion. 2.19 Shortage of Equipment or Facilities 2.19.1 The Carrier reserves the right to limit or to allocate the use of existing facilities or of additional facilities offered by the Carrier, when necessary, because of lack of facilities, or due to some other cause beyond the Carrier's control. 2.19.2 The furnishing of service under this price list is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capaciry of the Carrier's facilities as well as facilities the Canier may obtain from other carriers to fumish service from time to time as required at the sole discretion of the Carrier. EARTHCzuD PBC Idaho Price List OriginalPage 28 SECTION 3 - DESCRIPTION OF SERVICES 3.1 Data Access Service Data Access Service provides a Customer with a high-speed conduit to other locations of the Customer or to other telecommunications end user Customers in point-to-point or pointto-multi- point configurations. The Carrier provides Customers with a standard physical interface that is used to map the Customer to one or more services. This service is available at varying speeds up to l0 Gbps. 3.2 Other Services Other services, including point-to-point high-speed Intemet access, network management services, Colocation service, and Back-haul services may be provided by the Canier on an IndividualCase Basis (lCB), depending on such factors as geographic areq availability of facilities and other factors. 3.3 Individual Base Basis (lCB) Arrangements Arrangements will be developed on a case-by-case basis in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service not generally available under this Price list. ICB rates will be offered to the Customer in writing and on a non- discriminatory basis. Any such ICB rates will be made available to the Commission upon request. 3.4 Transmission Service and Facilities The Company provides resold and facilities-based intrastate Service and facilities, includingprivate line and network and transmission services, designed and provisioned on an Individual Case Basis (ICB) pursuant to contracts with Customers. ICB rates will be offered to requesting Customers in writing and on a non-discriminatory basis. EARTHGRID PBC Idatro Price List OriginalPage29 sEcTroN 3 - DESCRTPTTON OF SERVICES (CONT'D) 3.5 Basic Local Exchange Service Basic Local Exchange Service provides a Customer with a telephonic connection to, and a unique telephone number on, the Company switching network that enables the Customer to: a) receive calls from other stations on the public switched telephonc network; access the Company Local Calling Seryices and other Services as set forth in this price guide; access interexchange calling services of the Company and of other carriers; access (at no additional charge) to Company operators and business office for service related assistance; aceess toll-free telecommunications services such as 800 NPA; and access toll-free emergency services by dialing 0 or 9-l-l (where available); access relay services for the hearing and/or speech impaired. Basic Local Exchange Services cannot be used to originate calls to caller-paid information services (e.g., 900, 976) provided by other companies. Calls to those numbers and other numbers used for caller-paid information services will be blocked by the Company switch. Each Basic Local Exchange Service corresponds to one or more telephonic communications channels that can be used to place or receive one call at a time. b) c) d) e) 0 EARTHGRID PBC Idatro Price List Original Page 30 4.1 SECTION 4 _ RATES AND CHARGES Rates 4.1.1 General A.Nonrecuning charges will apply to Customer requests for connecting, moving or changing Service. These charges are in addition to any other scheduled rates and charges that would normally apply under this Price list. Charges for the connection, move, or change of Service may apply for wo* being performed during the Company's normat business hours. If the Customer requests that overtime labor be performed at a premises on the day or days ofthe week other than normal work hours or on holidays, or intemrpts work once it has begun, an additional charge may apply based on the additional costs involved. c.Changes in location of the Customer's Service from one premises to another may be treated as new Service connections with the appropriate Service Charges applying. Service Offerlnss: Frivate Line - Ethernet Point to Point Transport, Up to 10 Gbps Service Change Fee Local DiaI-Up Serice, (where available), Per Line Company Ethemet Transport Rates Rates shall be set primarily on an ICB basis at an average of approximately One Hundred- Fiffy Thousand Dollars ($150,000.00) per route mile for special constuction and on an ICB basis between lG to l00G B. MRC ICB ICB $r0.00 NRC ICB ICB EARTHGRID PBC Idaho Price List Original Page 3l sEcTroN 4 - RATES AND CHARGES (CONT'D) 4.2 Rate Elements A. Non-recurring and monthly recurring rates apply for each Dedicated Service furnished by the Canier. Monthly recurring rates vary according to the time period for which the Customer commits to take the service. B. Rates for ICB arangements will be developed on a case-by-case basis in response to a bona fide request from a customer or prospective Customer for service which vary from Price list arrangements. Rates quoted in response to such rcquests may be different for Price listservices than those specified for such service in the Rate Section. ICB rates will be offercd to Customers in writing and will be made available to the Commission upon request. EARTHGRID PBC dba EARTHGRID PBC CORPORATION Exhibit F Ofticer Verification VERIFICATION STATE OF CALIFORNIA COLNTY OF ALAMEDA I, Troy Helming being first duly swom on oatlr" deposes and states that: I am the is Founder and Chief Executive Officer of EarthGrid PBC dba EarthGrid PBC Corporation, the corporation named in the foregoing application and am authorized to make this statement on behalf of EarthGrid PBC dba EarthGrid PBC Corporation. I am authorized to make this Verification; that I am familiar with the contents of this Application; that the Applicant will comply with all ldaho laws and Commission rules and regulations, including rules on regarding the conseration of telephone numbers; and that matters set forth in the filing are true and conoct to the best of my knowledge, information, and belief. $ $ $ Ttq.lhrrt^, State of Florida County of Broward Taken, sworn to and subscribed before me this t'o Ou,of Before me appeared Troy Helming Troy Helming Founder & Chief Executive Oflicer EarthGrid PBC dba EarthGrid PBC Corporation October 2022. SHAGAYL GOROON Not ry R.6lh -St bo, Florld. Comrnb.k n # ttl2506tr E:elnson t$ta"zo,' Notarized online using audio-video communication Type of identification produced-California driver's license jl,ru / J,u, Notary Public in and for said Countyshasay L Gordon My commission expires on the 22 day og Anril 2026. lil ilIlilillt lt ll ilt IIllt lil APPEND ilillt ll lllll lll 573'.1 lil lilll lilllll ID ilI ilIlllllll ll Ill lil APPL il1il ll Llll lll 4572 ililllillll ll lll 2022 llllillillllll lllllllll llllllll ll lll 20,?2._08 29 Client Name: EarthGrid PBC Project Name: State: lD Authorlty: APPL Fillng Type: Combined Local and IXC Application Filed Date: 10lOBl2A22 Remittance: $ The following document may contain confidential information or may be conftdential in its entirety. lt .. should not be disclosed, scanned, or copied except as directed in connection with INTESERRA compliance reporting service. Use of this document for any pupose other than transmittal to an agency gr-tts aggl!, trdnsmifral to the named client, or posting to secure IUTESERRA electronic databases is strictly prohibited without permission of a INTESERRA Officer or other authorized person. For TIrfl Internal Usq n Vait E conf. E lnteserra l5l Southhall Ltm, Ste. 4s0 Maitland, ft 32751 P.O. Ottw€r 2q) wlnterPark, FL32790o.2gJ www.lnteserra,com)AFAStctComparry RE: October6 2O22 Via Overnight Ms. Jan Norlyukl, Commisslon Secretary ldaho Public Utilities Commission 472 West Washington Boise,lD 83702 Earthcrid PBC dba EarthGrid PBC Corporatlon Application to Provlde Facillties-Based and Resold Local Erchange Telecommunications Sewices Dear Ms. Noriyuki: Enclosed for filing please flnd the original and (7) coples of the Application of EarthGrid PBC dba EarthGrid PBC Corporation ("EarthGrid" or "Applicant'') to provlde facilltles-based and resold local exchange telecommunications services within the state of ldaho and an original and one (1) copy of the proposed price list. The Applicant is also submitting an original and seven (7) copies of its financial data, reguired as part of this Application, under separate cover marked "confldential" and on yellow paper. Due to the competitive nature of the telecommunications industry EarthGrid respectfully requests that this information only be inspected by Staff directly associated with this application and be kept from publk disclosure as it contains highly sensitive and proprietary information. Any questions you may have regarding this filing should be directed to my attention at 407-740-3@2 or via email to cwightman@inteserra.com. Thank you for your assistance ln this matter. Sincerely, Connie Consulta Enclosures cwkb e c tms: lDx220