20050314Application.pdf

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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSlc9W::-
'lUO5t1AR I 4 Aj~
Application of
Ernest Communications, Inc.
Provide Facilities-based Local
Exchange Service Throughout Idaho
H~j Hu rJULiC~S f""1r'1tSSIONCase No.
APPLICATION FOR CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PROVIDE
FACILITIES-BASED LOCAL TELECOMMUNICATIONS SERVICES
Pursuant to Procedural Order No. 26665 in Case No. GNR-96-41 and Section 253 of the Federal
Telecommunications Act of 19962 ("Act"), Ernest Communications, Inc. ("Ernest") respectfully requests that
the Public Utilities Commission ("Commission ) amend Ernest's Authority and grant a Certificate of Public
Convenience and Necessity to include authority to provide local exchange telecommunications services within
the State of Idaho.
In support of its Application, Ernest submits the following:
Introduction
Ernest is requesting authority to provide basic resold and facilities-based local exchange services to
both residence and business customers throughout Idaho in all exchanges which are not exempt from
competition. The services that Ernest intends to offer will be an adjunct to the long distance services
that the Company has previously received authority to provide statewide. Ernest plans to offer local
exchange services primarily via an unbundled network element platform (UNE-P) or its equivalent
through interconnection agreements with incumbent local exchange carriers ("LECs ). Should its
Application be granted, Ernest plans to commence offering service immediately upon the
establishment of the appropriate and necessary resale arrangements with the incumbent LECs.
Title 61 of the Idaho Code SS 61-526 through -528 and IDAPA 31.01.01.111 (Rule 111).
Idaho Local Application of
Telecommunications Act of 1996,47 V.C. S 253 (1996). Ernest Communications, Inc.
Page 1
II.
III.
Description of the Applicant
(a)Ernest Communications, Inc. is incorporated in the State of Georgia. The main address of the
corporation is:
Ernest Communications, Inc.
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092
Telephone: [phone]Facsimile: [phone]
Toll Free: [phone]
Website: www.ernestgroup.com
(b)All correspondence, notices, inquiries and other communications regarding this Application
should be addressed to:
Carey Roesel
Consultant to Ernest Communications, Inc.
Technologies Management, Inc.
O. Box 200
Winter Park, Florida 32789
Telephone: [phone]
Facsimile: [phone]
(c)The Applicant is a Georgia Corporation, authorized by the Idaho Secretary of State to transact
business within the State of Idaho.
(d)Ernest currently provides service in Alabama, Florida, Georgia, Kentucky, Louisiana
Mississippi, North Carolina, South Carolina, Tennessee, Texas, California, Missouri
Oklahoma, New York, Maryland, New Jersey, Virginia, Washington, Oregon, Arizona, and
Colorado.
Exhibits
In support of this Application, the following exhibits are attached hereto:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Certificate of Incorporation;
Certificate of Authority to Transact Business in the State of Idaho;
Financial Statements
Profiles of Senior Management Key Personnel
Proposed service area map (Rule 112( c ))
Proposed Tariff
Idaho Local Application of
Ernest Communications, Inc.
Page 2
IV.
IV.
IV.
Financial, Technical and Managerial Qualifications
Ernest possesses the managerial, technical and financial ability to provide local telecommunications
service in the State of Idaho. Ernest has strong financial resources to enable the Company to
successfully provide local telecommunications service in the State of Idaho and the management team
in place to manage this operations.
Financial Qualifications
(a)By utilizing its current customer servIce, operations and management workforce and
infrastructure supporting its resold and facilities-based local exchange and resold
interexchange operations, Ernest is financially and otherwise capable and qualified to offer
and maintain all of its tariffed services in its territories.
(b)The costs of Idaho operations will consist of leasing UNE-P or its equivalent and additional
administrative and sales overhead. The incremental administrative and sales costs are not
projected to be significant for the Company. No new funds or capital will be required to
expand the Company s services in Idaho.
(c)Ernest provides its financial statements as proof of its financial stability to provide the
required services within the State of Idaho as Exhibit C. Exhibit C is filed as Confidential.
Managerial Qualifications
(a)Ernest possesses managerial qualifications to operate a Competitive Local Exchange Carrier
within the State of Idaho. Biographical summaries of the managerial experience of Ernest are
found in Exhibit D.
Idaho Local Application of
Ernest Communications, Inc.
Page 3
IV.Technical Qualifications
(a)Ernest is technically qualified to provide facilities-based services throughout Idaho. Ernest'
primary market is residential and business customers. Ernest proposes to offer facilities-based
local exchange telecommunications services to residential and business customers throughout
the state using unbundled network element platforms ("UNE-) or its equivalent. Local
Exchange Services include basic local service, PBX Trunk service, Direct Inward Dialing,
Optional Calling Features and listing services. Ernest will offer these services in conjunction
with its interexchange toll services, which include inbound and outbound interexchange
telecommunications services to residential and business customers, utilizing switched and
dedicated access.
(b)Ernest will offer services to its subscribers through purchase of unbundled network elements
from the incumbent LEC, Verizon.
Customer Service
Ernest understands the importance of effective customer service for local service consumers. Ernest
has a toll free customer service telephone number that is available with live operator response 24 hours
per day, 7 days per week. Ernest's toll free telephone number for customer inquiries, complaints and
repair is 1-800-456-8353. In addition, customers may contact the company in writing at the
headquarters address.
The contact for resolution of customer complaints with the Commission is:
Paul Masters
President
Ernest Communications, Inc.
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092
[phone]
Idaho Local Application of
Ernest Communications, Inc.
Page 4
VI.Service Description and Anticipated Service Date
Ernest proposes to offer facilities-based local exchange telecommunications services to residential and
business customers throughout the state using unbundled network element platforms ("UNE-) or its
equivalent. Local Exchange Services include basic local service, PBX Trunk service, Direct Inward
Dialing, Optional Calling Features and listing services. The company will offer these services in
conjunction with its interexchange toll services, which include inbound and outbound interexchange
telecommunications services to residential and business customers, utilizing switched and dedicated
access. Ernest also offers operator assisted services to its own customers. The Company will also
provide bundled offerings consisting of local and/or long distance services combined with internet
access, web hosting, and e-mail services.
Ernest intends to offer service in the geographic areas currently served by Qwest Communications.
Ernest will mirror the basic local calling scopes of the incumbent local exchange companies.
VI.Public Interest Standard
Grant of Ernest's Application to provide facilities-based local exchange services is in the public
interest and serves the public convenience and necessity. In enacting the Federal Telecommunications
Act of 1996, the United States Congress determined that it is in the public interest to promote
competition in the provision of telecommunications services, including local exchange services.
Experience with competition in other telecommunications markets, such as long distance, competitive
access, and customer premises equipment, demonstrates the benefits that competition can bring to
consumers. Consumers are enjoying increased services, lower prices, higher quality, and greater
reliability. This is true not only with respect to the service offerings of the new entrants, but also as a
result of the response of incumbent monopoly providers to the introduction of competition.
Ernest plans to bring the benefits of competition to residential consumers. Ernest's proposed services
will provide multiple public benefits by increasing the competitive choices available to users in Idaho.
Enhanced competition in telecommunications services likely will further stimulate economic
development in Idaho. In addition, increased competition will create incentives for all carriers to offer
lower prices, more innovative services, and more responsive customer service.
Idaho Local Application of
Ernest Communications, Inc.
Page 5
VIII.Waivers and Regulatory Compliance
Ernest has reviewed all of the Commission s rules applicable to competitive local exchange service
providers and agrees to comply with those rules except to the extent the rules are explicitly waived for
Ernest or for all carriers in the same class. Specifically, Ernest requests exemption from the following
rules:
(a)
(b)
(c)
Title 41. Chapter 1. Rules 101-103.02 - Guarantee in lieu of deposit:Ernest requests
exemption only from that portion of the rule that requires a guarantee form on file with the
Commission.
Title 41. Chapter 1. Rule 502.01 - Service Standards:To the extent that Ernest offers service
on a UNE-P and resold basis from the incumbent local exchange service providers, Ernest
requests a waiver of the requirement to adopt and pursue a maintenance program for outside
plant facilities and equipment.
Title 41. Chapter 2. Rule 102.03 - Press Release: Ernest requests a waiver of the requirement
to send a press release to all newspapers, radio and television stations on the Commission
list. Unlike the incumbent LECs whose customer density in any given area makes press
releases practical, Ernest does not anticipate sufficient market share to warrant the expense of
preparing and coordinating a press release. Ernest maintains a detailed web site which
includes information on the Company's services and rates as well as corporate information and
all press releases. Ernest customers will be informed of the Company s web site and will be
able to receive all manner of information from that site. In addition, consumers will be
informed of rate increases by bill insert. Therefore, the additional step of notification via press
release is unnecessary.
Idaho Local Application of
Ernest Communications, Inc.
Page 6
VIII.Waivers and Regulatory Compliance, (Cont'
(d)Local Exchange Directories
Ernest requests that it not be required to publish local exchange directories. Ernest will make
arrangements with the incumbent LECs whereby the names of Ernest's customers will be
included in the directories published by the incumbent LECs. These directories will be
distributed to Ernest's customers. This approach is entirely reasonable and will have a direct
benefit to the customers of both Ernest and the incumbent LECs since customers will have to
refer to only one directory for a universal listing of customer information. It would be an
unnecessary burden on Ernest to require that it publish and distribute its own directory to all
customers located within each exchange area, particularly since nearly all of these customers
will be customers of the incumbent LECs. It is more efficient for Ernest to simply include its
limited customer list in the existing directories of the incumbent LECs.
(e)Title 41. Chapter 2. Rule 105 and 602.01: Customer Notice: Ernest has requested a waiver
of the requirement to publish Local Telephone Directories. Rules 105 and 602.01 require that
each local exchange company summarize the provisions of Sections 48-1001 et seq., Idaho
Code, and summarize the customer disclosure rules in an annual insert in a billing statement
mailed to customer or by conspicuous publication in the consumer pages of the local
telephone directory. Ernest maintains that such information is published in the local telephone
directories and therefore does not need to be redistributed by Ernest on an annual basis.
(f)Reporting Requirements
Ernest further requests waivers of any reporting requirements which, although applicable to
incumbent LECs, are not applicable to competitive providers such as Ernest because such
requirements: (1) are not consistent with the demands of the competitive market; and (2) they
constitute an undue burden on a competitive provider, thereby requiring an inefficient
allocation of its limited resources. In addition, Ernest reserves the right to seek any regulatory
waivers which may be required for Ernest to compete effectively in the Idaho local exchange
services market.
Idaho Local Application of
Ernest Communications, Inc.
Page 7
IX.Conclusion
This Application demonstrates that Ernest possesses the technical, financial and managerial resources
to provide local exchange service in Idaho.
Wherefore, Ernest respectfully requests that the Commission:1. grant Ernest authority to operate as a provider of resold and facilities-based basic local
exchange telecommunications services in the State of Idaho;
grant the waivers requested in this Application; and
grant such other relief as it deems necessary and appropriate.
Respectfully submitted
Ernest Communications, Inc.
Paul Masters
President
Ernest Communications, Inc.
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092
Idaho Local Application of
Ernest Communications, Inc.
Page 8
ERNEST COMMUNICATIONS, INC.
Exhibit A
Certificate of Incorporation
ARTICLES OF ~~CORPORA. TION
OF E~\TST. CO i\L\l1J?\:l CA TIONS, INC.
TIJe f1J..Ine of Ille CorporaTion is: ErnesT CommunicaTions, Inc.
II.
The CorporaTion shalJ have aUThoriTY to issue Two Ivfillion (2 000 000) shares of common stockCommon Srock"). Each share of Common Srock shalJ be identical in a)1 respects and ror ajl purposesand enrirJed to one vote in a11 proceedings in \vhich action mayor is required to be taken by shareholders
or the Corporation; panicipate eq ualJy in all dividends payable with respect to Common Swck, as , if, and
when decLired by the Board of Directors oftne CorporaTion; and,share ratabJy in all distribUtions
assets of the Corporation in the event of any voluntary or involuntary liquidation, or winding up of the
affairs of rne Corporation or any other disITibution of assets , rights, or properTy.
ill.
The initial registered office of the Corporation s hajj be at 3475 Lenox Rd. NE, Suite 990Atlanta, GA 30326, in FuJton County. The initiaJ registered agent ortneCorporation at such address
shan be Gerardo ~1. Balboni, II
IV.
The name and address of the incorporator is:
Erick H. Rock
Balboni Law Group LLC
3475 Lenox Road, N.
Suite 990
AtI.anta, GA 30326
The mailing address of the initial principal office of the Corporation is:
, Ernest Communications, Inc.
c/o Erick H. Rock
Balboni Law Group LLC
3475 Lenox Road, No
Suire 990
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VI.
~;G direc:or sn2.L havE any pe:sonalliabiliry TO the Corpo;-alic;1 or to iIS SDa;-enoiCers ror
moneI..3.ry 02:TJ :::ge~ for breach of d:..::-y of care or other dUT)' as .1 directoL by re2son of 3.n)'2ct Q:om!55iOn
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occulTing swb~eq!J~nI to The date \\'hen This provision becomes effective except Ihat This provision s~31jnot eliminate (Ii- limit the li2.biJil): of 3. director for (a) any .Jppropri3tion , in vio13.Iion of his duTies of 3.nybusiness tJPPoITUniL): ofrne Corporation; (0) acts or omissions \vhich in\-'oJve imemioD3.l misconducT or.Jkno\-ving vio1J.tion of 13\\'; (c) Ji2oililies Or3 direcIOr imposed by SeCLion J4-:2-832 ofIne GeorgiaBusiness Corporation Code; or (d) any TIans3.crion from which the direcIOr derived 2J1 improper persofJ3.Jten efir.
VII.
- An\' 3ction required by law or by The B'\'lawS of the Comofation to be taken at:1 meetinQ oftne
shareholders of the Corporati on , 3Jld any aCtion which ill a)' be taken at a m cering of the sharehoJ dersmay be taken v/irnour a meeting if 3. \vriI1en consent, setting fonh Ihe acTion so taken, shajJ- be signed persons enritJed to VOLe at a meeting those shares having sufficient voiing power to cast not less than The
minimum number of votes thaT would be necessaT)' to authorize or Take such action at 3. meeting at which
a1 I shares emjtled TO vore were present and vored. Notice of such acTion without a meeting by Jess thanunanimous written consent shall be given -within ten (1 q) days of the taking of such action to those
shareholders of record on the date \vhen the \\'fitten consent is first execUted a.nd whose shares were notreprese~ted on the writTen consent.
Vill.
The Corporation shall have the power, acting through its Board of Directors, to make
distributions of its assets to its shareholders out of its capital surplus and to repurchase its shares out of
its unreserved and unrestricted capita! surplus available therefor.
di- IN \VIDjE,SS WHEREOF, the undersigned has executed these i~\J1jcles oflncorp~ratjon this
day of 'L-t 199(f.
lor;:L
Erick H. Rock, IncorporatOr
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ERNEST COMMUNICATIONS , INC.
Exhibit B
Certificate of Authority to Transact Business in the State of Idaho
te of Idah
CERTIFICATE OF AUTHORITY
ERNEST COMMUNICATIONS, INC.
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Dated: 9 August 2004
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APPLICATION FOR CE~TIFICATE OF AUT~1ijjY9(FOr Profit)
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(Instructlon~ on Back of Application) Sf/.' ) r' ;., 4 10: I
To the Secretary of State of Idaho:'
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The undersigned Corporation applies for a Certificate of A.uthprily and states aiffotltJ~F t S
7J~ TE AHa
1. The name of the corporation is ERNEST COMMUNICATIONS, INC.
2. The :name which it shall use in Idaho is
3. It is incorp~rated under the laws of Georgia
4. Its date of incorporation is May 11, 1998
5. The address of its principa~ office is 5275 Triangle Parkway, Suite' 150.
Norc~oss, GA . 30092
6. The address to which correspondence should be addressed, if different from item 5, is
7. The street address of its registered office in Idaho is 1423 T rell Lane,Bo,ise, ID 83706
. and its registered agent in Idaho at that address is National Registered
Agents, -Inc.
8. The names -and resp~ctive business addresses of its directors an~ officers are:
Name Office Address
Joseph Ernest.
President, Dir. 5275 Triangle Parkway, Suite 1
Norc:r&ssJ) Gkid j!30092
Vice-President, . D ir. 5275 Triangle Patkway,- Suite 1. Norcross, GA 30092
Paul Masters
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Dated:July 27, 2004
Cus1omer Acc:t " :
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IDAHO SECRETARY IF STATE88/89/2804 85: 09'
CK: 16283 . CT: 144298 BH: 75%34 .
1 i 188.88 = '188.88 AUTH PRO * 2
ERNEST COMMUNICATIONS, INC.
Exhibit C
Financial Statements
The Company s Financial Statements are filed under separate Seal as Confidential.
. CONFIDENTIAL
ATTACHMENTS
ERNEST COMMUNICATIONS, INC.
Exhibit D
Profiles of Senior Management Key Personnel
ERNEST COMMUNICATIONS, INC.
MANAGEMENT PROFILES
Joseph Ernest
Chairman and CEO. Ernest Communications Inc.
Mr. Ernest founded Ernest Group in 1984 and is the co-founder of Ernest Communications, Inc. (ECI) where
he currently serves as Chairman and Chief Executive Officer. Joe is responsible for overseeing the strategic
direction ofECI and the Ernest Group family of companies. Joe is responsible for the engineering, patenting
and developing of many of the public communications products and services still in use today. Joe has served
on dozens of boards, panels and industry steering committees throughout his 20-year telecommunications
career.
Prior to Ernest Telecom, Joe was owner of a successful commercial and residential real estate brokerage firm
for ten years. Joe holds a Bachelor of Arts degree from University of Southern Mississippi.
Paul Masters
President. Ernest Communications Inc.
Paul Masters is a telecommunications industry veteran and an experienced executive at Ernest Group. As the
co-founder and President of Ernest Communications, Inc. (ECI), Paul oversees all day-to-day operations at
ECI. After holding various senior sales and management positions within the Ernest Group family of
companies, Paul is responsible for shifting ECI's focus from being the nation s largest manufacturer of public
telecommunications instruments to becoming the nation s largest competitive local telephone service provider
to the PSP industry, among other customer channels. Paul has been a leading industry advocate and driving
force behind opening the Regional Bell Operating Company markets to local competition and a primary
architect of developing many of the Unbundled Network Element Platform (UNE-P) products available to the
industry today.
Paul holds a Bachelor of Science in Business Administration from Shorter College, and a Master of Business
Administration from Emory University. In addition, Paul is a sought-after industry speaker as well as serving
on various Boards and Panels within the telecommunications industry.
Jay Morris
Senior Vice President. Ernest Communications Inc.
Jay Morris is a 20-year telecommunications industry veteran who joined Ernest Communications, Inc. (ECI) in
2002. Jay oversees all of ECI's sales and marketing efforts and reports to the President of the company. Jay
began his telecommunications career during telecommunications divestiture in the early eighties beginning fIrst
as a Major Account and National Account Manager at MCI. Jay went on to become one of MCI's leading
senior product development executives and was an architect of many of MCI' s early business and consumer
product development efforts, which included corporate account billing solutions, Prism, Friends and Family,
Vnet, and Partner Marketing Affmity Programs. Jay has built his telecommunications career around developing
solutions and programs to serve large telecom clients and partner s needs. Prior to joining ECI, Jay held various
senior management and board positions with A TC, Campuslink Communications and LightSource Telecom.
Jay holds a Bachelor of Science degree from Kings City College. Jay has resided on dozens of various
telecommunications industry steering committees and boards as well as volunteering his time as a board
member of various non-profit organizations throughout his 20-year telecom career.
ERNEST COMMUNICATIONS, INC.
Exhibit E
Proposed Service Area Map
Ernest seeks statewide authority to offer its services.
ERNEST COMMUNICATIONS, INC.
Exhibit F
Illustrative Tariff
Ernest Communications, Inc.Idaho Tariff No. 1
Original Title Page
IDAHO
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF
Ernest Communications, Inc.
This tariff contains the descriptions, regulations, and rates applicable to the provision of local
exchange telecommunications services provided by Ernest Communications, Inc. with
principal offices at 5275 Triangle Parkway, Suite 150, Norcross, Georgia 30092 for services
furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities
Commission, and copies may be inspected, during normal business hours, at the Company
principal place of business.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Preface
Original Page 1
TABLE OF CONTENTS
PREF ACE
Table of Contents...................................................................................
Check Sheet............................................ 0"""""""""""""""""""""""
Explanation of Symbols """""""""""""""""""""""0""""""..............
Application of Tariff.............. 0""""""""""""""""""""""""""""""'"
SECTION 1 - DEFINITIONS
SECTION 2 - RULES AND REGULATIONS
SECTION 3 - SERVICE AREAS
SECTION 4 - SERVICE CHARGES AND SURCHARGES
SECTION 5 - LOCAL EXCHANGE SERVICE
SECTION 6 SUPPLEMENTAL SERVICES
SECTION 7 - LONG DISTANCE SERVICES
SECTION 8 - ACCESS SERVICES
SECTION 9 - SPECIAL ARRANGEMENTS
SECTION 1 0 - PROMOTIONS
Page
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Preface
Original 2
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised
pages as named below contain all changes from the original rate sheet that are in effect on the date shown on
each page.
SECTION PAGE REVISION SECTION PAGE REVISION
Title Original Original
Preface Original Original
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Original
* - indicates those pages included with this filing
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Preface
Original Page 3
CHECK SHEET, CONT'
SECTION PAGE REVISION SECTION PAGE REVISION
Original Original
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* - indicates those pages included with this filing
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Idaho Tariff No. 1
Preface
Original Page 4
Ernest Communications, Inc.
EXPLANATION OF SYMBOLS
When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariff sheet affected.
Changes will be identified on the revised sheet(s) through the use of the following symbols:
(C)
(D)
(I)
(N)
(R)
(T)
(M)
To signify changed rate, regulation or condition.
To signify discontinued rate, regulation or condition.
To signify increase.
To signify new material, including a listing, rate, regulation, rule or condition.
To signify reduction.
To signify a change in the word of text, but no change in the rate, rule or condition.
Moved from another tariff location.
Issued: March 14, 2005
Issued by:
Effective: March 28, 2005
Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Preface
Original Page 5
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate
end-user local exchange communications services by Ernest Communications, Inc., hereinafter referred to as
the Company, to Customers within the state of Idaho. Ernest's services are furnished subject to the availability
of facilities and subject to the terms and conditions set forth herein.
This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at
the main office of Ernest Communications, Inc. at 5275 Triangle Parkway, Suite 150, Norcross, Georgia
30092.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 1
Original Page 1
SECTION 1.0 - DEFINITIONS
F or the purpose of this tariff, the following defmitions will apply:
Access Line - An arrangement from a local exchange telephone company or other common carrier, using either
dedicated or switched access, which connects a Customer s location to Carrier s location or switching center.
Advance Payment - Part or all of a payment required before the start of service.
Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable
Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization codes
shall be the sole property of Carrier and no Customer shall have any property or other right or interest in the
use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in
connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end -user of the service
of the Customer.
Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone
company which automatically identifies the local exchange line from which a call originates.
Commission - The Idaho Public Utilities Commission.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 1
Original Page 2
SECTION 1.0 - DEFINITIONS, CONT'
Common Carrier - An authorized company or entity providing telecommunications services to the public
Company - Ernest Communications, Inc., the issuer of this tariff.
Customer - The person, flflll or corporation that orders service and is responsible for the payment of charges
and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the Company's
servIces.
Customer Terminal Equipment - Terminal equipment provided by the Customer.
Deposit - Refers to a cash or equivalent of cash security held as a guarantee for payment of the charges.
End Office - The LEC switching system office or serving wire center where Customer station loops are
terminated for purposes of interconnection to each other and/or to trunks.
End-User Premises - A location designated by the Customer for the purposes of connecting to the Company's
servIces.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls
dialed by the Customer are automatically routed to the Company s network. Presubscribed Customers may also
route interexchange calls to the Company s network by dialing an access code supplied by the Company.
Ernest - Ernest Communications, Inc., issuer of this tariff.
Exchange Telephone Company or Telephone Company - Denotes any individual, partnership, association
joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in
providing public switched communication service throughout an exchange area, and between exchange areas
within the LATA.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 1
Original Page 3
SECTION 1.0 - DEFINITIONS, CONT'
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption
shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or
other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or
facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance
provided within this Tariffby Carrier shall not apply where service is interrupted by the negligence or willful
act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of
non-payment of bills, unlawful or improper use of the Carrier s facilities or service, or any other reason covered
by this Tariff or by applicable law.
LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment
entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any
other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. TariffF.
No., or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also
served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment
which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
NECA - National Exchange Carriers Association.
Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and
establish service.
PIN - Personal Identification Number. See Authorization Code.
Point of Presence ("POP") - Point of Presence
Issued: March 14, 2005 Effective: March 28 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 1
Original Page 4
SECTION 1.0 - DEFINITIONS, CONT'
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the
agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written or verbal request for Company services by the Customer and the Company in the
fonnat devised by the Company. A Service Order initiates the respective obligations of the parties as set forth
therein and pursuant to this tariff.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used
in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer s Company-provided local
exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer s local
telephone lines are presubscribed by the Company to the Companys outbound service such that" 1 + 1 O-digit
number" calls are automatically routed to the Company s or an IXC's network. Calls to stations within the
Customer s LATA may be placed by dialing "1 0 XXX " or "101XXXX" with 1 + 10-digit number.
Station - The network control signaling unit and any other equipment provided at the Customer s premises
which enables the Customer to establish communications connections and to effect communications through
such connections.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 1
Original Page 5
SECTION 1.0 - DEFINITIONS, CONT'
Subscriber - The person, fIrm, partnership, corporation, or other entity who orders telecommunications service
from Ernest. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay
telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the
Company.
Switched Access Origination/Termination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LED-provided business or residential access line. The cost of switched Feature Group access is billed to the
interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
U sage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 1
SECTION 2.0 - RULES AND REGULATIONS
Undertaking of the Company
1.1 Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission originating from
points within the State of Idaho, and terminating within a local calling area as derIDed herein.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity that
purchases access to the Company network in order to originate or terminate its own services
or to communicate with its own Customers.
Shortage of Equipment or Facilities
The Company reserves the right to limit or to 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 tariff is subject to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company
facilities as well as facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the Company.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 2
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.3 Terms and Conditions
Minimum Period - Service is provided on a term basis only. The minimum term
period is one (1) year unless otherwise specified in this tariff or mutually agreed upon
by contract. Penalties may apply for early termination of the term agreement.
Except as otherwise stated in this tariff, Customers may be required to enter into
written service orders which shall contain or reference a specific description of the
service ordered, the rates to be charged, the duration of the services, and the terms
and conditions in this tariff. Customers will also be required to execute any other
documents as may be reasonably requested by the Company.
Continuation of Service - Except as otherwise stated in the tariff, at the expiration
of the initial term specified in each Service Order, or in any extension thereof, service
shall be renewed automatically for a one (1) year term, unless the Customer provides
notice of intent not to renew such agreement at least thirty (30) days prior to the end
of the initial or any additional term. Any termination shall not relieve the Customer of
its obligation to pay any charges incurred under the service order and this tariff prior
to termination. The rights and obligations that by their nature extend beyond the
termination of the term of the service order shall survive such termination.
Service may be terminated upon written notice to the Customer if:
the Customer is using the service in violation of this tariff; or
the Customer is using the service in violation of the law.
This tariff shall be interpreted and governed by the laws of the State of Idaho without
regard for its choice of laws provision.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 3
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'd.
1.3 Terms and Conditions, Cont'
Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or purchase
any services in order to have the right to obtain service directly from the Company.
To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party exercising such control shall
make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At the
reasonable request of either party, the Company and the Other Telephone Company
shall jointly attempt to obtain from the owner of the property access for the other
party to serve a person or entity.
The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts mayor may not be associated with volume
and/or term discounts. All service packages established by the Company will be filed
with the Commission prior to the furnishing of service.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 4
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.4 Limitations on Liability
Except as otherwise stated in this section, the liability of the Company for damages
arising out of either: (1) the furnishing of its services, including but not limited to
mistakes, omissions, interruptions, delays, or errors, or other defects, representations
or use of these services or (2) the failure to furnish its service, whether caused by acts
or omission, shall be limited to the extension of allowances to the Customer for
interruptions in service as set forth in Section 2.
Except for the extension of allowances to the Customer for interruptions in service
set forth in Section 2., the Company shall not be liable to a Customer or third party
for any direct, indirect, special, incidental, reliance, consequential, exemplary or
punitive damages, including, but not limited to, loss of revenue or profits, for any
reason whatsoever, including, but not limited to, any act or omission, failure to
perform, delay, interruption, failure to provide any service or any failure in or
breakdown of facilities associated with the service.
The liability of the Company for errors in billing that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount erroneously billed or
in the event that payment has been made and service has been discontinued, to a
refund of the amount erroneously billed.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 5
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.4 Limitations on Liability, Cont'
The Company shall be indemnified and saved harmless by the Customer from and
against all loss, liability, damage and expense, including reasonable counsel fees, due
to:
Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) common carriers or
warehousemen, except as contracted by the Company;
Any delay or failure of performance or equipment due to causes beyond the
Company s control, including but not limited to, acts of God, fITes, floods
earthquakes, hurricanes, or other catastrophes; national emergencies
insurrections, riots, wars or other civil commotions; strikes, lockouts, work
stoppages or other labor difficulties; criminal actions taken against the
Company; unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order, regulation or
other action of any governing authority or agency thereof;
Any unlawful or unauthorized use of the Company s facilities and services;
Libel, slander, invasion of privacy or infringement of patents, trade secrets
or copyrights arising from or in connection with the material transmitted by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services;
Breach in the privacy or security of communications transmitted over the
Company s facilities;
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 6
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.4 Limitations on Liability, Cont'
Cont'
Changes in any of the facilities, operations or procedures of the Company
that render any equipment, facilities or services provided by the Customer
obsolete, or require modification or alteration of such equipment, facilities or
services, or otherwise affect their use or performance, except where
reasonable notice is required by the Company and is not provided to the
Customer, in which event the Company s liability is limited as set forth
above in Section 2.
Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises or the installation or
removal thereof;
Injury to property or injury or death to persons, including claims for
payments made under Workers' Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any act or
omission of the Customer, or the construction, installation, maintenance
presence, use or removal of the Customer facilities or equipment
connected, or to be connected to the Company s facilities;
Any noncompletion of calls due to network busy conditions;
Any calls not actually attempted to be completed during any period that
service is unavailable;
And any other claim resulting from any act or omission of the Customer or
patron(s) of the Customer relating to the use of the Company s services or
facilities.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 7
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.4 Limitations on Liability, Cont'
The Company does not guarantee nor make any warranty with respect to installations
provided by it for use in an explosive atmosphere.
The Company makes no warranties or representations, EXPRESS OR IMPLIED
either in fact or by operation of law, statutory or otherwise, including warranties of
merchantability or fitness for a particular use, except those expressly set forth herein.
Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asserting its rights under other provisions.
Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance for errors or mistakes in or omissions of published directory
listings or for errors or mistakes in or omissions of listing obtainable from the
directory assistance operator shall be at the monthly tariff rate for each listing, or in
the case of a free or no-charge directory listing, credit shall equal two times the
monthly tariff rate for an additional listing, for the life of the directory or the charge
period during which the error, mistake or omission occurs.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 8
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.4 Limitations on Liability, Cont'd.
With respect to Emergency Number 911 Service:
This service is offered solely as an aid in handling assistance calls in
connection with fITe, police and other emergencies. The company is not
responsible for any losses, claims, demands, suits or any liability whatsoever
whether suffered, made instituted or asserted by the Customer or by any
other party or person for any personal injury or death of any person or
persons, and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused by:
(1) mistakes, omissions, interruptions, delays, errors or other defects in the
provision of service, or (2) installation, operation, failure to operate
maintenance, removal, presence, condition, local or use of any equipment
and facilities furnishing this service.
Neither is the Company responsible for any infringement, nor invasion ofthe
right of privacy of any person or persons, caused or claimed to have been
caused directly or indirectly, by the installation, operation, failure to operate
maintenance, removal, presence, condition, occasion or use of emergency
911 service features and the equipment associated therewith, or by any
services furnished by the Company, including, but not limited to the
identification of the telephone number, address or name associated with the
telephone used by the party or parties accessing emergency 911 service, and
which arise out of the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or agents of
anyone of them.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 9
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
Limitations on Liability, Cont'
With respect to Emergency Number 911 Service, Cont'
When a Customer with a nonpublished telephone number, as derIDed herein
places a call to the emergency 911 service, the Company will release the
name and address of the calling party, where such infonnation can be
determined, to the appropriate local governmental authority responsible for
emergency 911 service upon request of such governmental authority.
subscribing to service under this tariff, the Customer acknowledges and
agrees with the release of infonnation as described above.
The included tariff language does not constitute a determination by the Commission
that a limitation of liability imposed by the Company should be upheld in a court of
law. Acceptance for filing by the Commission recognizes that it is a court s
responsibility to adjudicate negligence and consequential damage claims. It is also
the court's responsibility to detennine the validity of the exculpatory clause.
1.5 Notification of Service-Affecting Activities
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' services. 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 cable damage, notification to
the Customer may not be possible.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 10
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'd.
1.6 Provision of Equipment and Facilities
The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the Company.
The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of the
service provided the Customer.
Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
Except as otherwise indicated, Customer provided station equipment at the
Customer s premises for use in connection with this service shall be so constructed
maintained and operated as to work satisfactorily with the facilities of the Company.
The Company shall not be responsible for the installation, operation, or maintenance
of any Customer provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibility of the
Company shall be limited to the furnishing of facilities offered under this tariffand to
the maintenance and operation of such facilities. Subject to this responsibility, the
Company shall not be responsible for:
the through transmission of signals by Customer provided equipment or for
the quality of, or defects in, such transmission; or
the reception of signals by Customer-provided equipment; or
network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.7 N on-Routine Installation
At the Customer s request, installation and/or maintenance may be performed outside the
Company s regular business hours or in hazardous locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company will
apply. If installation is started during regular business hours, but, at the Customer s request
extends beyond regular business hours into time periods including, but not limited to
weekends, holidays, and/or night hours, additional charges may apply.
1.8 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this tariff
special construction of facilities may be undertaken on a reasonable efforts basis at the request
of the Customer. Special construction is construction undertaken:
where facilities are not presently available, and there is no other requirement for the
facilities so constructed;
of a type other than that which the Company would normally utilize in the furnishing
of its services;
over a route other than that which the Company would normally utilize in the
furnishing of its services;
in a quantity greater than that which the Company would normally construct;
on an expedited basis;
on a temporary basis until permanent facilities are available;
involving abnormal costs; or
in advance of its normal construction.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Idaho Tariff No. 1
Section 2
Original Page 12
Ernest Communications, Inc.
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Undertaking of the Company, Cont'
1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
partners, agents, contractors or suppliers.
Prohibited Uses
The services the Company offers shall not be used for any unlawful purpose or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations
licenses, consents and permits.
The Company may require applicants for service who intend to use the Company s offerings
for resale and/or for shared use to file a letter with the Company confIrming that their use of
the Company s offerings complies with relevant laws and the Public Utilities Commission of
Idaho s regulations, policies, orders, and decisions.
The Company may block any signals being transmitted over its Network by Customers which
cause interference to the Company or other users. Customer shall be relieved of all obligations
to make payments for charges relating to any blocked Service and shall indemnify the
Company for any claim, judgment or liability resulting from such blockage.
A Customer, joint user, or authorized 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 will permit a Customer to transfer its existing service to another entity if the
existing Customer has paid all charges owed to the Company for regulated communications
services. Such a transfer will be treated as a disconnection of existing service and installation
of new service, and non-recurring installation charges as stated in this tariff will apply.
Issued: March 14, 2005
Issued by:
Effective: March 28 , 2005
Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 13
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Obligations of the Customer
General
The Customer shall be responsible for:
the payment of all applicable charges pursuant to this tariff;
damage to or loss of the Company s facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fITe or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company facilities and equipment installed
on the premises of the Customer, and the level of heating and air conditioning
necessary to maintain the proper operating environment on such premises;
obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
used to provide Communications Services to the Customer from the cable building
entrance or property line to the location of the equipment space described above in
Section 2.3 .C. Any and all costs associated with the obtaining and maintaining the
rights-of-way described herein, including the costs of altering the structure to permit
installation of the Company provided facilities, shall be borne entirely by, or may be
charged by the Company, to the Customer. The Company may require the Customer
to demonstrate its compliance with this section prior to accepting an order for service.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 14
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Obligations of the Customer, Cont'
General, Cont'd.
providing a safe place to work and complying with all laws and regulations regarding
the working conditions on the premises at which Company employees and agents
shall be installing or maintaining the Companys facilities and equipment. The
Customer may be required to install and maintain Company facilities and equipment
within a hazardous area if, in the Companys opinion, injury or damage to the
Company employees or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying, monitoring, removing
and disposing of any hazardous material (e., friable asbestos) prior to any
construction or installation work;
complying with all laws and regulations applicable to, and obtaining all consents
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of-way for
which Customer is responsible under Section 2.1.D; and granting or obtaining
permission for Company agents or employees to enter the premises of the Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company;
not creating or allowing to be placed any liens or other encumbrances on the
Company s equipment or facilities; and
making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period during which service is interrupted for such purposes.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 15
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Obligations of the Customer, Cont'
Liability of the Customer
The Customer will be liable for damages to the facilities of the Company and for all
incidental and consequential damages caused by the negligent or intentional acts or
omissions of the Customer, its officers, employees, agents, invites, or contractors
where such acts or omissions are not the direct result of the Company s negligence or
intentional misconduct.
To the extent caused by any negligent or intentional act of the Customer as described
in (A), preceding, the Customer shall indemnify, defend and hold harmless the
Company from and against all claims, actions, damages, liabilities, costs and
expenses, including reasonable attorneys' fees, for (1) any loss, destruction or damage
to property of any third party, and (2) any liability incurred by the Company to any
third party pursuant to this or any other tariff of the Company, or otherwise, for any
interruption of, interference to, or other defect in any service provided by the
Company to such third party.
The Customer shall not assert any claim against any other Customer or user of the
Company s services for damages resulting in whole or in part from or arising in
connection with the furnishing of service under this tariff including but not limited
mistakes, omissions, interruptions, delays errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in any
way to the occurrence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the other Customer or user and not by
any act or omission of the Company. Nothing in this tariff is intended either to limit
or to expand Customer s right to assert any claims against third parties for damages of
any nature other than those described in the preceding sentence.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle ParkWay, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 16
SECTION 2.0 - RULES AND REGULATIONS, CONT'
2.4 Customer Equipment and Channels
2.4.General
A user may transmit or receive information or signals via the facilities of the Company. The
Company s services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form of signal that
compatible with the Company s equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specifically stated in this tariff.
2.4.Station Equipment
Terminal equipment on the user s premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the user. The user is
responsible for the provision of wiring or cable to connect its terminal equipment to
the Company MPOP.
The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such equipment
and facilities. The magnitude and character of the voltages and currents impressed on
Company-provided equipment and wiring by the connection, operation, or
maintenance of such equipment and wiring shall be such as not to cause damage to
the Company-provided equipment and wiring or injury to the Company s employees
or to other persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer s expense
subject to prior Customer approval of the equipment expense.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 1
2.4
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Customer Equipment and Channels, Cont'
2.4.Interconnection of Facilities
Local Traffic Exchange provides the ability for another local exchange provider to
terminate local traffic on the Company s network. In order to qualify for Local
Traffic Exchange the call must: (a) be originated by an end user of a company that is
authorized by the Public Utilities Commission of Idaho to provide local exchange
service; (b) originate and terminate within a local calling area of the Company.
Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communications
Services and the channels, facilities, or equipment of others shall be provided at the
Customer s expense.
Communications Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the tenns
and conditions of the tariffs of the other communications carriers which are
applicable to such connections.
Facilities furnished under this tariff may be connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal
equipment shall be registered by the Federal Communications Commission pursuant
to Part 68 of Title 47, Code of Federal Regulations; and all user-provided wiring
shall be installed and maintained in compliance with those regulations.
Issued: March 14, 2005 Effective: March 28 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 18
2.4
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Customer Equipment and Channels, Cont'd.
2.4.4 Inspections
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 in Section 2.4.2.B of this tariff
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.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to protect its
facilities, equipment, and personnel. The Company will notify the Customer
promptly if there is any need for further corrective action. Within ten days of
receiving this notice, the Customer must take this corrective action and notify the
Company of the action taken. If the Customer fails to do this, the Company may take
whatever additional action is deemed necessary, including the suspension of service
to protect its facilities, equipment and personnel from harm.
Ifharm to the Company s network, personnel or services is imminent, the Company
reserves the right to shut down Customer s service immediately, with no prior notice
required.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 19
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Customer Deposits and Advance Payments
Advance Payments
To safeguard its interests, the Company may require a Customer to make an advance payment
before services and facilities are furnished. The advance payment will not exceed an amount
equal to the non-recurring charge(s) and one month's charges for the service or facility. The
advance payment will be credited to the Customer s initial bill.
Deposits
The Company does not require deposits from Customers.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 20
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Payment Arrangements, Cont'
Payment for Service
General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Customer itself or are
resold to or shared with other persons.
The Customer is responsible for payment of any sales, use, gross receipts, excise
access or other local, state, federal and 911 taxes, charges or surcharges (however
designated) (excluding taxes on Company s net income) imposed on or based upon
the provision, sale or use of Network Services.
The security of the Customer s PIN is the responsibility of the Customer. All calls
placed using a PIN shall be billed to and shall be the obligation of the Customer. The
Customer shall not be responsible for charges in connection with the unauthorized
use of PINs arising after the Customer notifies the Company of the loss, theft, or
other breach of security of such PINs.
Customers will only be charged once, on either an interstate or intrastate basis, for
any nonrecurring or usage based charges.
Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and
surcharges in addition to normal rates and charges for services provided to the
Customer, where permitted by law. Taxes and fees include, but are not limited to:
Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho
Telecommunications Service Assistance Program, and Universal Service. Unless
otherwise specified in this tariff, such taxes, fees and surcharges are in addition to
rates as quoted in this tariff and will be itemized separately on Customer invoices.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 21
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Payment Arrangements, Cont'
Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
Nonrecurring charges are due and payable within thirty (30) days after the invoice
date, unless otherwise agreed to in advance.
The Company shall present invoices for recurring charges monthly to the Customer
in advance of the month in which service is provided, and Recurring Charges shall be
due and payable within thirty (30) days after the invoice date. When billing is based
on customer usage, charges will be billed monthly for the preceding billing periods.
When service does not begin on the first day of the month, or end on the last day of
the month, the charge for the fraction of the month in which service was furnished
will be calculated on a pro rata basis. For this purpose, every month is considered to
have thirty (30) days.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 22
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Payment Arrangements, Cont'
Billing and Collection of Charges, Cont'd.
Billing of the Customer by the Company will begin on the Service Commencement
Date, which is the fIrst day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this tariff or the Service
Order. Billing accrues through and includes the day that the service, circuit
arrangement or component is discontinued.
If any portion of the payment is not received by the Company, or if any portion of the
payment is received by the Company in funds that are not immediately available
within twenty (20) days of the mail date on the bill, then a late payment penalty shall
be due the Company. The late payment penalty shall be that portion of the payment
not received by the date due minus any charges billed as local taxes multiplied by
1.5%.
The Customer will be assessed a charge of twenty-five dollars ($25.00) for each
check or other payment type submitted by the Customer to the Company that a bank
or other fmancial institution refuses to honor.
If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service will be subject to all applicable installation
charges.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 23
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Payment Arrangements, Cont'
Disputed Bills
In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bill to avoid discontinuance of service for non-payment.
The Customer must submit a documented claim for the disputed amount. The
Customer will submit all documentation as may reasonably be required to support the
claim. All claims must be submitted to the Company within a reasonable period of
time after receipt of billing for those services and in accordance with Idaho law. If
the Customer does not submit a claim as stated above, the Customer waives all rights
to filing a claim thereafter.
Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company, then
the Customer may file a complaint with the Idaho Public Utilities Commission, 472
West Washington, P.O. Box 83720, Boise ill 83720-0074; 208-334-0300 or 1-800-
432-0369.
If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 24
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Discontinuance of Service
Service may be disconnected after seven (7) calendar days written notice for any of the
following reasons:
The Customer did not pay undisputed delinquent bills for local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
The Customer failed to make a security deposit or obtain a guarantee when one is
required.
The Customer failed to abide by the tenus of a payment arrangement.
The Customer misrepresented the Customer s identity for the purpose of obtaining
telephone service.
The Company determines as prescribed by relevant state or other applicable
standards that the Customer is willfully wasting or interfering with service through
improper equipment or otherwise.
The Customer is using service( s) for which the Customer did not apply.
At least 24 hours before actual termination, the Company will attempt to contact the Customer
affected to apprize the Customer of the proposed termination action and steps to take to avoid
or delay termination. Service will not be terminated in the event that a formal or informal
complaint concerning termination is filed with the Commission.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idlO500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 25
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Discontinuance of Service
Service may be disconnected without notice and without incurring any liability for any of the
following reasons:
A condition immediately dangerous or hazardous to life, physical safety or property
exists, or it is necessary to prevent a violation of federal, state or local safety or health
codes.
The Company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
In the event of fraudulent use of the Company s network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
The Company has tried diligently to meet the notice requirements, but has been
unsuccessful in its attempt to contact the Customer affected.
The Customer has misrepresented the Customer s identify for purposes of obtaining
telephone service and has no or an inadequate security deposit on file with the
Company and has an outstanding bill exceeding $100.
Upon the Customer s insolvency, assignment for the benefit of creditors, filing for
bankruptcy or reorganization, or failing to discharge an involuntary petition within
the time permitted by law.
Upon the Company s discontinuance of service to the Customer under Section 2.
or 2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may declare
all future monthly and other charges that would have been payable by the Customer
during the remainder of the term for which such services would have otherwise been
provided to the Customer to be immediately due and payable (discounted to present
value at six percent).
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 26
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Cancellation of Application for Service
8.4
Applications for service cannot be canceled without the Company s agreement. Where the
Company pennits a Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for those specified
below.
Where, prior to cancellation by the Customer, the Company incurs any expenses in installing
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no
case shall this charge exceed the sum of the charge for the minimum period of services
ordered, including installation charges, and all charges others levy against the Company that
would have been chargeable to the Customer had service commenced (all discounted to
present value at six percent).
Where the Company incurs any expense in connection with special construction, or where
special arrangements of facilities or equipment have begun, before the Company receives a
cancellation notice, a charge equal to the costs incurred by the Company, less net salvage
applies. In such cases, the charge will be based on such elements as the cost ofthe equipment
facilities, and material, the cost of installation, engineering, labor, and supervision, general
and administrative expense, other disbursements, depreciation, maintenance, taxes, provision
for return on investment, and any other costs associated with the special construction or
arrangements.
The special charges described in 2.1 through 2.3 will be calculated and applied on a case-
by-case basis.
Issued: March 14, 2005
Issued by:
Effective: March 28, 2005
Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 27
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment specifications
service parameters, premises locations, or otherwise materially modifies any provision of the
application for service, the Customer s installation fee shall be adjusted accordingly.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 28
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of
this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment
provided by the Customer, will be credited to the Customer as set forth in 2.1 for the part of the
service that the interruption affects.
10.General
Service Outage
A credit allowance will be given when service is interrupted, except as specified
below. A service is interrupted when it becomes inoperative to the Customer, e., the
Customer is unable to transmit or receive, because of a cross-talk, static or other
transmission problem, the Company will respond to a Customer s report of such a
service outage" in accordance with IDAP A 31.41.01 Rule 503. Customer s bills will
be appropriately and automatically credited pursuant to the terms of Rule 503.
Receipt and Recording of Reports
The Company will provide for the receipt of Customer trouble reports at all hours
and make a full and prompt investigation of and response to all reports. The
Company will maintain an accurate record of trouble reports made by its Customers.
This record will include accurate identification of the Customer or service affected
the time, date and nature of the report, the action taken to clear the trouble or satisfy
the Customer, and the date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized representatives upon
request at any time within two (2) years of the date of the record.
Repair Commitments
Commitments to the Customer for repair service will be set in accordance with Rule
503. The Company will make every reasonable attempt to fulfill repair commitments
to its Customers. Customers will be timely notified of unavoidable changes. Failure
to meet a repair commitment does not relieve the Company of the credited provisions
in Rule 503., unless the Customer fails to keep an appointment the Customer
agreed to when the original commitment was made
Issued: March 14, 2005 Effective: March 28 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 29
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Allowances for Interruptions in Service, (Cont'
10.1 General, (Cont'
Restoration of Service
When the Company providing local exchange is informed by a Customer of a local
exchange service outage, the Company will:
restore service within sixteen (16) hours after the report of the outage if the
Customer notifies the Company that the service outage creates an emergency
for the Customer, or
restore service within twenty-four (24) hours after the report of the outage if
no emergency exists, except that 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, which ever is sooner. If
the Company does not restore service within the times required by this
subsection, the Company will credit the Customer s account for an amount
equal to the monthly rate for one (1) month of basic local exchange service.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 30
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Allowances for Interruptions in Service, (Cont'
10.1 General, (Cont'
Extenuating Circumstances
Following disruption of local exchange service caused by natural disaster or other
causes not within the Company s control and affecting large groups of Customers, or
in conditions where the personal safety on an employee would be jeopardized, the
Company is not required to provide the credit referred to in Subsection 503.01 as
long as it uses reasonable judgment and diligence to restore service, giving due
regard for the needs of various Customers and the requirements of the
telecommunications service priority (TSP) program ordered in FCC Docket 88-341.
When a Customer causes the Customer s own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or
when the Company determines that the outage is attributable to the Customer s own
equipment or inside wire, the Company is not required to provide to that Customer
the credit referred to in Subsection 503.01.
Compliance Standard
Each month at least ninety percent (90%) of out-of-service trouble reports will be
cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a
monthly service record as described in Subsection 502.01 and will notify the
Commission whenever the record indicates the ninety percent (90%) level has not
been met for a period of three (3) consecutive months.
Issued: March 14, 2005 Effective: March 28 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 31
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Cancellation of ServicelTermination Liability
If a Customer cancels a Service Order or terminates services before the completion of the term for any
reason whatsoever other than a service interruption (as defined in Section 2.10.1 above), the Customer
agrees to pay to the Company termination liability charges, as deEmed below. These charges shall
become due as of the effective date of the cancellation or termination and be payable within the
period, set forth in Section 2.6.2.
11.Termination Liability
The Customer s termination liability for cancellation of service shall be equal to:
all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of the Customer; plus
90% of the Monthly Recurring Charge for the service under the term agreement
multiplied by the number of lines, multiplied by the months remaining in the term
agreement.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 32
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up to the
cancellation date. Customers that cancel the primary local exchange line will have the entire Account
disconnected, including any secondary line and all associated features. In the event the Customer
executes a term commitment agreement with the Company, the Customer must cancel service and
terminate the agreement in accordance with the agreement terms.
Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
the services and facilities provided by the Company without the written consent of the other party,
except that the Company may assign its rights and duties:
13.to any subsidiary, parent company or affiliate of the Company; or
13.pursuant to any sale or transfer of substantially all the assets of the Company; or
13.pursuant to any fmancing, merger or reorganization of the Company.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 33
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual, apparent, or
implied authority to use the network, obtains the Company s services provided under this tariff.
14.Customer Liability for Fraud and Unauthorized Use of the Network
The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company calling card, if such a card is offered by the Company,
or an accepted credit card, provided that the unauthorized use occurs before the
Company has been notified.
A Company calling card is a telephone calling card issued by the Company at the
Customer s request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls billed
to the Customer s account.
An accepted credit card is any credit card that a cardholder has requested or applied
for and received, or has signed, used, or authorized another person to use to obtain
credit. Any credit card issued as a renewal or substitute in accordance with this
paragraph is an accepted credit card when received by the cardholder.
The Customer must give the Company written or oral notice that an unauthorized use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
The Customer is responsible for payment of all charges for calling card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this tariff, unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse of the Customer
service or Customer-provided equipment by third parties, the Customers employees
or the public.
The liability of the Customer for unauthorized use of the Network by credit card
fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification to
the Company.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 34
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Use of Customer s Service by Others
15.Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsible for the
manner in which the joint use of the service will be allocated. The Company will accept
orders to start, rearrange, relocate, or discontinue service only from the Customer. Without
affecting the Customer s ultimate responsibility for payment of all charges for the service
each j oint user shall be responsible for the payment of the charges billed to it.
Issued: March 14, 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 35
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Notices and Communications
16.1 The Customer shall designate on the service order an address to which the Company shall
mail or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company s bills for service shall be mailed.
16.2 The Company shall designate on the service order an address to which the Customer shall
mail or deliver all notices and other communications, except that Company may designate a
separate address on each bill for service to which the Customer shall mail payment on that
bill.
16.Except as otherwise stated in this tariff, all notices or other communications required to be
given pursuant to this tariff will be in writing. Notices and other communications of either
party, and all bills mailed by the Company, shall be presumed to have been delivered to the
other party on the third business day following placement of the notice, communication or bill
with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
16.4 The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for
giving notice set forth herein.
Issued: March 14, 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 2
Original Page 36
SECTION 2.0 - RULES AND REGULATIONS, CONT'
Universal Emergency Telephone Number Service (911)
Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company central
office and trunking facilities whereby any telephone user who dials the numbers 911 will reach the
emergency report center for the telephone from which the number is dialed or will be routed to an
operator if all lines to an emergency report center are busy. If no emergency report center Customer
exists for a central office entity, a telephone user who dials the number 911 will be routed to an
operator. No call-specific charges apply to 911 calls.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No.
Section 3
Original Page 1
SECTION 3.0 - SERVICE AREAS
Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment, in areas
currently served by the following Incumbent LECs:
1) Qwest.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 1
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES
Service Order and Change Charges
1.1 General
Non-recurring charges apply to processing Service Orders for new service and for changes
servIce.
New Installation Charge - applies to requests for initial connection or establishment
of telephone service to the Company. This charge applies to each line installed.
Customer Premises Work Charge - applies, in addition to all other charges for the
visit, when a visit to the Customer s premises is necessary to move, add, change or
install service, or to isolate a problem reported to the Company which cannot be
handled remotely. This charge also applies when the Customer fails to meet the
Company agent or employees for the prearrangement appointment as requested.
Service Order Change Charge - applies to work associated with Customer-requested
changes to existing services, including adding or deleting line features. One Service
Order Change Charge applies for each change order requested by the Customer. If
multiple changes are requested by the Customer and occur on the same order, only
one charge applies.
Move Charge - applies when a Customer requests a move or change in physical
location of each line. This charge applies whether a Customer changes a telephone
number or not. In addition, if the Customer requests a telephone number change, a
separate charge may apply.
Telephone Number Change Charge - applies to each Customer-initiated change in
telephone number.
Record Order Change Charge - applies when billing or contact information is
changed on a Customer account.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 2
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
Service Order and Change Charges, Cont'
1.2 Rates
Qwest Northern Idaho Spokane LATA Business Residential
Installation $43.$27.
Change in Telephone Number $15.$15.
Change in Class, Type or Grade of Service $20.$ 0.
Miscellaneous Change Charge $20.$20.
Qwest Southern Idaho Boise LATA
Installation $52.$30.
PBX Trunk Change Charge $41.N/A
Change in Telephone Number $25.$25.
Change in Billing Name Responsibility $7.$4.
Change in Type of Service $13.$130
Change in Grade or Class of Service $25.50 $25.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 3
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
Premises Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble resolution
require a visit to the Customer s premises. This charge applies in addition to the Customer Premises
Work Charge.
Qwest Northern Idaho Spokane LATA Business Residential
Customer Premises Work Charge (fIrst 30 minutes)$60.$60.
Customer Premises Work Charge (add'l 15 minutes)$30.$30.
Premises Visit Charge, per visit $25.$25.
Qwest Southern Idaho Boise LATA
Network Premises Work Charge (fIrst 15 minutes)$38.$27.
Network Premises Work Charge (next three 15-minute $10.$10.
increments)
Network Premises Work Charge (each add'115 minutes)$7.$7.
Customer Premises Work Charge (fIrst 30 minutes)$60.$60.
Customer Premises Work Charge (add'l 15 minutes)$30.$30.
Premises Visit Charge, per visit $25.$25.
Restoral Charge
A restoral charge applies each time a service is reconnected after suspension or termination for
nonpayment but before cancellation of the service, as deemed in Section 2 of this Tariff.
Qwest Northern Idaho Spokane LATA
Restoral of Service
Suspension of Service
Business
$10.
$25.
Residential
$10.
$25.
Qwest Southern Idaho Boise LATA
Restoral of Service
Suspension of Service
$52.
$25.
$20.
$15.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 4
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
Carrier Presubscription
4.4.General
Carrier Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLA T A and interLA T A
toll calls. Such calls are automatically directed to the designated carrier, without the need to
use carrier access codes or additional dialing to direct the call to the designated carrier.
Presubscription does not prevent a Customer who has presubscribed to an IntraLA T A
InterLA T A toll carrier from using carrier access codes or additional dialing to direct calls to
an alternative long distance carrier on a per call basis.
4.4.Presubscription Options - Customers may select the same carrier or separate carriers for
intraLA T A and interLA T A long distance. The following options for long distance
Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLA T A and
InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carrier for IntraLA T A calls
subject to presubscription and some other carrier as the pre subscribed carrier for interLATA
toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intraLATA toll calls
subject to presubscription and the Company for interLATA toll calls subject to
pre sub scription.
Option D: Customer may select the carrier other than the Company for both intraLA T A and
interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary intraLATA
interexchange carrier. The other carrier to be the Customer s primary interLATA
interexchange carrier.
Option F: Customer may select a carrier other than the Company for no presubscribed carrier
for intraLATA toll calls subject to presubscription which will require the Customer to dial a
carrier access code to route all intraLA T A toll calls to the carrier of choice for each call.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 5
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
Carrier Presubscription, Cont'
4.4.Rules and Regulations
Customers of record will retain their primary interexchange carriere s) until they request that
their dialing arrangements be changed.
Customers of record or new Customers may select either Options A, B , C, D, E or F for
intraLA T A Presubscription.
Customers may change their selected Option and/or presubscribed toll carrier at any time
subject to charges specified in 4.4.5 below:
4.4.Presubscription Procedures
A new Customer will be asked to select intraLA T A and interLA T A toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer s order for service. All new Customers' initial requests
for intraLA T A toll service pre subscription shall be provided free of charge.
If a new Customer is unable to make selection at the time the new Customer places an order to
establish local exchange service, the Company will read a random listing of all available
intraLA T A and interLA T A carriers to aid the Customer in selection. If selection is still not
possible, the Company will inform the Customer that he/she will be given 90 calendar days in
which to inform the Company of his /her choice for primary toll carriere s) free of charge. Until
the Customer informs the Company of his /her choice of primary toll carrier, the Customer will
not have access to long distance services on a presubscribed basis, but rather will be required
to dial a carrier access code to route all toll calls to the carrieres) of choice. Customers who
inform the Company of a choice for toll carrier presubscription within the 90 day period will
not be assessed a service charge for the initial Customer request.
Customers of record may initiate a intraLA T A or interLA T A presubscription change at any
time, subject to the charges specified in 4.4.5 below. If a Customer of record inquires of the
Company of the carriers available for toll presubscription, the Company will read a random
listing of all available intraLA T A carriers to aid the Customer in selection.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 6
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
4.4 Carrier Presubscription, Cont'
Presubscription Charges
Application of Charges
After a Customer s initial selection for a presubscribed toll carrier and as detailed in
above, for any change thereafter, an Presubscription Change Charge, as set for the
below will apply. Customers who request a change in intraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
Nonrecurring Charges
Per business or residence line, trunk, or port $5.
Issued: March 14, 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 4
Original Page 7
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'
Public Telephone Surcharge
In order to recover Company expenses to comply with the FCC's pay telephone compensation plan
effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all
intrastate calls that originate from any pay telephone used to access Company provided services. This
surcharge, which is in addition to standard tariffed usage charges and any applicable service charges
and surcharges associated with service, applies for the use of the instrument used to access Company
provided service and is unrelated to the service accessed from the pay telephone.
Pay telephones include coin-operated and coinless phones owned by local telephone companies
independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to
the initial completed call and any reoriginated call (e., using the "#" symbol). The Public Pay
Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays
for service by inserting coins during the progress of the call.
Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing
the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not
transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be
billed on a subsequent invoice after the Company has obtained information from a carrier that the
originating station is an eligible pay telephone.
Rate Per Call:$0.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 5
Original Page 1
SECTION 5.0 - LOCAL EXCHANGE SERVICE
General
Local exchange service is offered to business and residential Customers on a presubscription basis
from equal access originating end offices only. Service is provided on a term basis only. Unless other
specified, the minimum term is one (1) year. Rates for service may vary by call type and/or term
commitment. Usage rates, per call charges and monthly fees may apply. In addition, applicable Service
Order and other non-recurring charges may apply. Call timing is derIDed in the description for each
service. Service is available 24 hours a day, 7 days a week. Service is available where technically
feasible and where facilities permit.
1.1 Application of Business and Residential Rates
A. The determination as to whether telephone service should be classified as Business or
Residential is based on the character of the use to be made of the service. Service is classified
as Business service where the use is primarily or substantially of a business, professional
institutional, or otherwise occupational nature. Where the business use, if any, is incidental
and where the major use is of a personal or domestic nature at the person s dwelling, service
is classified as Residential service.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 5
Original Page 2
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'
General (Cont'
1.1 Application of Business and Residential Rates (Cont'
Business rates apply at the following locations, among others:
In offices, stores and factories, and in quarters occupied by clubs, lodges
fraternal societies, schools, colleges, libraries, hospitals, and other business
establishments.
In residence locations where the place of residence is in the immediate
proximity to a place of business and it is evident that the telephone in the
residence is or will be used for business purposes, and in residence locations
where an extension is located at a place where business rates would apply.
In the residence of a practicing physician, dentist, veterinary, surgeon, or
other medical practitioner who has no service at business rates at another
location.
In any residence location where there is substantial business use of the
service and the customer has no service at business rates.
Residence rates apply at the following locations, among others:
In private residences; in the residential portion of hotels, apartment houses
boarding houses, churches, or institutions when the use of the service is
confIDed to the domestic use of the Customer and listings of a business
nature are not furnished.
In the residence of a practicing physician, dentist, veterinarian, surgeon, or
other medical practitioner provided that such residence is not a part of an
office building and provided the Customer has service charged for at
business rates another location.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 5
Original Page 3
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'
Charges Based on Duration of Use
Where charges for a service are specified based on the duration of use, such as the duration of a
telephone call, the following rules apply:
Calls are measured in durational increments identified for each service. All calls that are
fractions of a measurement increment are rounded-up to the next whole unit.
Timing on completed calls begins when the call is answered by the called partyo Answering is
determined by hardware answer supervision in all cases where this signaling is provided by
the terminating local carrier and any intermediate carrieres). Timing for operator service
person-to-person calls start with completion of the connection to the person called or an
acceptable substitute, or to the PBX station called.
Timing terminates on all calls when the calling party hangs up or the Company s network
receives an off-hook signal from the terminating carrier.
2.4 Calls originating in one time period and terminating in another will be billed in proportion to
the rates in effect during different segments of the call.
All times refer to local time.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 5
Original Page 4
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'
Basic Local Exchange Service
General
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:
receive calls from other stations on the public switched telephone network;
access the Company s Local Calling Services and other Services as set forth
in this tariff;
access interexchange calling services of the Company and of other carriers;
access (at no additional charge) to the Company s operators and business
office for service related assistance;
access toll-free telecommunications services such as 800 NP A; and access
toll-free emergency services by dialing 0 or 9-1 (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., 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 s 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.
Individual line Residence and Business Basic Local Exchange Service is comprised of
exchange access lines derIDed as follows:
Exchange Access Line - The service central office line equipment and all the
Company plant facilities up to the demarcation point. These facilities are Company-
provided and maintained and provide access to and from the telecommunications
network for message toll service and for local calling appropriate to the tariffed use
offering selected by the Customer.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 5
Original Page 5
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'
Basic Local Exchange Service (Cont'
Flat Rate Local Exchange Service
Flat Rate Local Exchange Service provides a Customer with a single, analog, voice-grade
telephonic communications channel that can be used to place or receive one call at a time. Flat
Rate Local Exchange Service lines are provided for the connection of Customer-provided
wiring, telephone, facsimile machines or other station equipment. Local exchange service
lines and trunks are provided on a single party (individual) basis only. No multi-party lines are
provided.
Recurring charges for Flat Rate Local Exchange Service are billed monthly in advance. Non-
recurring charges for installation or rearrangement of service are billed on the next month'
bill immediately following work performed by the Company.
Flat Rate Local Exchange Service includes unlimited local exchange calling per month. All
service is available on a term commitment basis only.
Qwest Northern Idaho Spokane LATA Business Residential
Rate Group 1 (0 - 5 000 access lines)$27.40 $14.
Rate Group 2 (5 001 - 25 000 access lines)$30.40 $16.
Qwest Southern Idaho Boise LATA
Rate Group 1 $26.$11.49
Rate Group 1A $27.$12.
Rate Group 2 $32.$17.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 1
SECTION 6.0 - SUPPLEMENTAL SERVICES
Custom Calling Features
1.1
1.2
General
The features in this section are made available on an individual basis or as part of multiple
feature packages. All features are provided subject to availability; features may not be
available with all classes of service. Transmission levels may not be sufficient in all cases.
Description of Features
Call F Olwarding - Automatically routes incoming calls to a predetermined telephone
number
Call Forward No Answer - Automatically routes incoming calls to a predetermined
telephone number when the called line does not answer within a pre-specified
number of rings.
Call Forward Busy - Automatically routes incoming calls to a predetermined
telephone number when the called line is busy.
Call Waiting - Signals the Customer with a burst of tone to indicate that another call
is waiting. The second call can either be answered by flashing the switchhook or
hanging up the phone and being rung back by the caller.
3 - Way Calling - Allows the Customer to add a third party to an existing
conversation.
Speed Calling 8 - Allows the Customer to dial an abbreviated code to originate a call
to any of 8 programmed telephone numbers.
Speed Calling 30- Allows the Customer to dial an abbreviated code to originate a
call to any of 30 programmed telephone numbers.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 2
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'
1.2 Description of Features, (Cont'
Auto Call Back - Automatically redials the last incoming call.
Repeat Dialing - Automatically redials a busy number for up to 30 minutes until line
is available.
Call Screening - Automatically rejects calls from a specified list of numbers or from
the incoming number.
Caller ill - Provides for the display of the calling party telephone number on Caller
ill compatible customer premises equipment.
Caller ill with Name - Provides for the display of the calling party name and
telephone number on Caller ill compatible customer premises equipment.
Multi Ring Service - Provides the Customer with two (2) separate telephone
numbers, each with a distinctive ring, associated with one line.
Multi Ring Service 2 - Provides the Customer with three (3) separate telephone
numbers, each with a distinctive ring, associated with one line.
Caller Originating Trace - Allows the Customer to dial a Call Trace activation code
to initiate a trace of the last incoming call without obtaining prior legal authorization
or assistance from the Company. The results of a completed trace will be recorded in
the Central Office and will be made available only to law enforcement agencies, as
directed by the Customers.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 3
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'
1.3 Rates and Charges
The following features are available to Customers on a monthly basis. Customers are
allowed unlimited use of each feature. No usage sensitive charges apply. Multiline
Customers must order the appropriate number of features based on the number of
lines which will have access to the features.
The rates and charges below are provided on a month-to-month basis.
Qwest Northern Idaho Spokane LATA
Business Residential
Abbreviated Access, one digit
Each shared list $20.N/A
Each line $0.$0.
Abbreviated Access, two digit
Each shared list $30.N/A
Each line $0.$0.
Call Curfew N/A $3.
Call Forwarding Busy Line (external)$1.N/A
Call Forwarding Busy Line (overflow)$4.$0.
Call Forwarding Busy Line/Don t Answer (external)$2.N/A
Call Forwarding Busy Line/Don t Answer (overflow)$4.$0.
Call Forwarding Don t Answer $2.$1.10
Call Forwarding Variable $3.$3.
Call Rej ection $4.$4.
Call Trace, per activation $1.$1.
Call Transfer $6.$6.
Call Waiting $4.$4.
Caller ill Name and Number $7.$5.
Caller ill - Number $7.$5.
Continuous Redial $3.$3.
Dial Lock $3.$3.
Easy Access $0.$0.
Hot Line $2.$2.
Last Call Return $3.$3.
Priority Call $3.$3.
Security Screen $2.$2.
Selective Call Forwarding $3.$3.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 4
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'
Rates and Charges
(Cont'
Qwest Northern Idaho Spokane LATA (Cont'
Speed Calling (8 code)
Speed Calling (30 code)
Three-Way Calling
Warm Line
Wireless Extension
Remote Call Forwarding (Market Expansion Line)
Market Expansion Line, additional line
Number Forwarding
Three Feature Packages
Speed Call 8, Call Forwarding, Call Waiting
Speed Call 8, Call Forwarding, Three-Way Calling
Speed Call 8, Call Waiting, Three-Way Calling
Speed Call 30, Call Forwarding, Three-Way Calling
Speed Call 30, Call Forwarding, Call Waiting
Speed Call 30, Call Waiting, Three-Way Calling
Three-Way Calling, Call Forwarding, Call Waiting
Four Feature Packages
Three-Way Calling, Call Forwarding, Call Waiting,
Speed Call 8
Three-Way Calling, Call Forwarding, Call Waiting,
Speed Call 30
Business
$3.
$5.
$3.
$2.
$4.
$16.
$16.
N/A
$8.
$8.15
$8.
$10.
$11.55
$10.
$8.
$11.
$14.
Residential
$2.
$3.
$3.
$2.
$4.
$16.
$16.
$6.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 5
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'
1.3 Rates and Charges
(Cont'
Qwest Southern Idaho Boise LATA
Business Residential
Abbreviated Access, one digit
Each shared list $20.N/A
Each line $0.$0.
Abbreviated Access, two digit
Each shared list $30.N/A
Each line $0.$0.
Call Curfew N/A $3.
Call Forwarding Busy Line (expanded)$3.$0.
Call Forwarding Busy Line (external)$3.N/A
Call Forwarding Busy Line (overflow)$8.$0.
Call Forwarding Busy Line/Don t Answer (expanded)$5.$1.35
Call Forwarding Busy Line/Dont Answer (external)$5.N/A
Call Forwarding Busy Line/Don t Answer (overflow)$10.45 $1.35
Call Forwarding Busy Line (programmable)$8.$1.85
Call Forwarding Don t Answer $4.$1.10
Call Forwarding Don t Answer (expanded)$4.$1.10
Call Forwarding Don t Answer (program)$4.$2.
Call Forwarding Variable $5.$3.
Call Rej ection $4.$4.
Call Trace, per activation $1.$1.
Call Transfer $6.$6.
Call Waiting $7.$5.
Caller ill Name and Number $7.$6.
Caller ill - Number $7.$6.
Caller ill with Privacy +$10.$90
Continuous Redial $3.$3.
Dial Call Waiting $2.15 $2.
Dial Lock $3.$3.
Issued: March 14, 2005 Effective: March 28 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 6
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'
1.3 Rates and Charges
(Cont'
Qwest Southern Idaho Boise LATA (Cont'
Directed Call Pick Up with Barge-
Distinctive Alert
Do Not Disturb
Easy Access
Hot Line
I -Called
Last Call Return
No Solicitation
Priority Call
Remote Access to Call Forwarding
Scheduled Forwarding
Security Screen
Selective Call Forwarding
Selective Call Waiting
Speed Calling (8 Code)
Speed Calling (30 Code)
Talking Call Waiting
Three- W ay Calling
Warm Line
Wireless Extension
Remote Call Forwarding (Market Expansion Line)
MEL additional line
Custom Ringing Service - one number
Custom Ringing Service - two number
Custom Ringing Service - three number
Number Forwarding
Business
$1.
$1.
$3.
$0.
$2.
N/A
$4.
$6.
$3.
$8.45
$9.45
$2.
$3.
$7.
$4.
$5.47
$3.
$5.47
$2.
$4.
$18.11
$18.11
$7.45
$50
$5.25
N/A
Residential
$1.
$1.
$3.
$0.
$2.
N/A
$4.
$6.
$3.
$5.
$6.
$2.
$3.
$5.
$2.
$3.
$2.
$3.50
$3.
$4.
$18.11
$18.
$5.
$2.
$2.
$6.
Issued: March 14, 2005
Issued by:Paul'Masters , President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092
Effective: March 28, 2005
id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 7
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Custom Calling Features, (Cont'd.
1.3 Rates and Charges (Cont'
The following features are available to all local exchange Customers on a per use
basis. Customers may utilize each feature by dialing the appropriate access code. The
Customer will be billed a per use charge each time the feature is used by the
Customer. Customers may choose to subscribe to these features on a monthly basis to
obtain unlimited use of these features for a fixed monthly charge.
Qwest Northern Idaho Spokane LATA
Continuous Redial, per activation
Last Call Return, per activation
Three-Way Calling, per activation
Business
$0.
$0.
$0.
Residential
$0.
$0.
$0.
Qwest Southern Idaho Boise LATA
Continuous Redial, per activation
Last Call Return, per activation
Three-Way Calling, per activation
$0.
$0.
$0.
$0.
$0.
$0.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 8
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Directory Assistance Services
A Customer may obtain assistance, for a charge, in determining a telephone number by dialing
Directory Assistance Service. A Customer can also receive assistance by writing the Company with a
list of names and addresses for which telephone numbers are desired. There are no call allowances for
Directory Assistance.
Basic Directory Assistance
The rates specified following apply when Customers request company assistance in
determining telephone numbers of Customers who are located in the same local service area
or who are not located in the same local service area but who are located within the same
NPA.
A maximum of two (2) requested telephone numbers are allowed per call.
Charges will not apply for calls placed from hospital services or calls placed from telephones
where the Customer or, in the case of residence service, a member of the Customer
household, has been affIrmed in writing as unable to use a Company provided directory
because of a visual, physical or reading handicap.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 9
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Directory Assistance Services, (Cont'
Directory Assistance Call Completion
Directory Assistance Call Completion (DACC) is a service that provides Customers the
option of having their local or intraLA T A calls automatically completed when they request a
telephone listing from the Directory Assistance operator. The requested number can be dialed
automatically by the Operator Services System upon selection by the Customer of a
mechanized prompt.
No alternative billing is provided by the Directory Assistance Operator, however, alternative
billing of can be provided by dialing "0" and requesting such billing through the "0" Operator
at the rates specified in Section 5.8 of this tariff.
Service is available only where the facilities and service used by the Customer can support all
billing requirements.
There are no call allowances or exemptions for DACC.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 10
SECTION 6.0 ~ SUPPLEMENTAL SERVICES, CONT'
Directory Assistance Services, (Cont'
Rates
Each Directory Assistance Call
(Qwest Northern Idaho Spokane LATA)
Local and Intrastate
National Directory Assistance
$0.
$0.
Each Directory Assistance Call
(Qwest Southern Idaho Boise LATA)
Direct Dialed
Operator Assisted
$1.
$6.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Operator Services
General
The Companys operator services, available to presubscribed Customers, are accessible on
a twenty-four (24) hour per day seven (7) days per week basis. In addition to the per call
service charge, usage rates apply. The types of calls handled are as follows:
Customer Dialed Calling/Credit Card Call - This charge applies in addition to
usage charges for station to station calls billed to an authorized Calling Card or
Commercial Credit Card. The Customer must dial the destination telephone number
where the capability exists for the Customer to do so. A separate rate applies in the
event operator assistance is requested for entering the Customer s card number for
billing purposes.
Operator Dialed Calling/Credit Card Call - This charge applies in addition to
usage charges for station to station calls billed to an authorized telephone Calling
Card or Commercial Credit Card and the operator dials the destination telephone
number at the request of the Customer.
Operator Station - These charges apply in addition to usage charges fornon-Person-
to-Person calls placed using the assistance of a Company operator and billed Collect
to a Third Party, by deposit of coins in Pay Telephones, or via some method other
than a Calling Card or Commercial Credit Card.
Person-to- Person - This charge applies in addition to usage charges for calls placed
with the assistance of a Company operator to a particular party at the destination
number. This charge applies regardless of billing method, including but not limited to
billing to a Calling Card, Commercial Credit Card, Collect, by deposit of coins in Pay
Telephones, or to a Third Party. Charges do not apply unless the specified party or an
acceptable substitute is available.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 12
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Operator Services (Cont'
Busy Line Verification and Interrupt Service
Upon request of a calling party the Company will verify a busy condition on a designated
local service line. The operator will determine if the line is clear or in use and report to the
calling party. At the request of the Customer, the operator will interrupt the call on the busy
line. Emergency Interruption is only permitted in cases where the calling party indicates an
emergency exists and requests interruption.
A Verification Charge will apply when:
The operator verifies that the line is busy with a call in progress, or
The operator verifies that the line is available for incoming calls.
Both a Verification Charge and an Emergency Interrupt Charge will apply when the operator
verifies that a called number is busy with a call in progress and the Customer requests
interruption. The operator will interrupt the call advising the called party of the name of the
calling party and the called party will detennine whether to accept the interrupt call. Charges
will apply whether or not the called party accepts the interruption.
No charge will apply when the calling party advises that the call is to or from an official
public emergency agency. Busy Verification and Emergency Interrupt Service is furnished
where and to the extent that facilities permit.
The Customer shall identify and save the Company harmless against all claims that may arise
from either party to the interrupted call or any person.
Issued: March 14, 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 13
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Operator Services, (Cont'
Operator Service Rates
Usage Charges:
No usage charges apply.
Local Per Call Charges:
Each Directory Assistance Call
(Qwest Northern Idaho Spokane LATA)
Customer Dialed Calling Card
Operator Assisted Station to Station
Operator Assisted Person to Person
$0.
$1.
$3.
Each Directory Assistance Call
(Qwest Southern Idaho Boise LATA)
Customer Dialed Calling Card
- Mechanized
- Partially Assisted
Operator Assisted Station to Station
- Partially Assisted
- Fully Assisted
Operator Assisted Person to Person
- Partially Assisted
- Fully Assisted
$4.
$4.
$4.
$5.
$9.48
$9.
3.4 Rates for Busy Line Verification and Line Interrupt Service
Each Directory Assistance Call
(Qwest Northern Idaho Spokane LATA)
Per Busy Line Verification, Per Call
Per Line Interruption, Per Call
N/A
N/A
Each Directory Assistance Call
(Qwest Southern Idaho Boise LATA)
Per Busy Line Verification, Per Call
Per Line Interruption, Per Call
$1.
$3.
Issued: March 14 2005 Effective: March 28 , 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 14
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
6.4 Directory Listing Service
Directory Listing Definitions
Primary Listing - One listing, termed the primary listing, is included with each Customer
service with the primary line of a line hunting group and with each Joint User service.
Non-Listed Number (Private Directory Service)- A Non-Listed Number will be furnished at
the Customer s request, providing for the omission or deletion of the Customer s listing from
the telephone directory. Such listings will be carried in the Companys directory assistance
and other records and will be given to any calling party.
Non-Publishe Number (Semi-Priva e Directory Service)- A Non-Published Number will be
furnished at the Customer s request. A Non-Published Number is not listed in the telephone
Company s directories, or on directory assistance records. Listing information (name, address
and number) on a Non-Published Number is not available to the general public.
Additional Listings - At a charge, additional listings may be included in the alphabetical
directory and on directory assistance records, or appear on directory assistance records only.
The monthly rate for additional listings apply when the listings appear in Directory Assistance
records in accordance with the date requested by the Customer.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 6
Original Page 15
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'
Directory Listing Service, Cont'
Rates
Nonrecurring Charges
Business Residential
Non-Listed, per listing
Qwest Northern Idaho (Spokane)$5.$5.
Qwest Southern Idaho (Boise)$25.$25.
N on-Published, per listing
Qwest Northern Idaho (Spokane)$5.$5.
Qwest Southern Idaho (Boise)$25.$25.
Additional Listings, per listing
Qwest Northern Idaho (Spokane)$5.$5.
Qwest Southern Idaho (Boise)$12.$0.
Monthl Recurrin Char
Business Residential
Non-Listed, per listing
Qwest Northern Idaho (Spokane)$2.$2.
Qwest Southern Idaho (Boise)$0.$0.
Non-Published, per listing
Qwest Northern Idaho (Spokane)$4.$4.
Qwest Southern Idaho (Boise)$1.$1.
Additional Listings, per listing
Qwest Northern Idaho (Spokane)$2.$1.50
Qwest Southern Idaho (Boise)$6.$1.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 7
Original Page 1
SECTION 7.0 - LONG DISTANCE SERVICES
General
Toll service is only available in conjunction with local service.
IntraLATA Toll Service
IntraLATA Switched Service Toll Plan 1
IntraLA T A Switched Service Toll Plan 1 is an outbound calling plan available to Customers
who presubscribe to the anyone of the Company s local exchange services. Calls are billed in
six (6) second increments after an initial period for billing purposes of eighteen (18) seconds.
A Monthly Recurring Charge applies in addition to the usage rate.
Per minute rate:
Monthly Recurring Charge, per line:
$0.
$3.
IntraLA T A Call Pack 100
IntraLA T A Call Pack 100 is an outbound calling plan available to Customers who
presubscribe to anyone of the Company s local exchange services. A call allowance of one
hundred (100) minutes is available for a flat monthly rate. Additional usage above the call
allowance is billed in six (6) second increments after an initial period for billing purposes of
eighteen (18) seconds. In addition to usage, a Monthly Recurring Charge applies.
Per minute rate:
Monthly Recurring Charge, per line:
$0.
$9.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 7
Original Page 2
SECTION 7.0 - LONG DISTANCE SERVICES
Toll Free Services
Switched Toll Free Plan 1
Switched Toll Free Plan 1 is available to Customers for incoming calls. Calls originate from
any interstate or intrastate location over a toll free number and terminate to a Customer-
provided switched access line. Call charges are billed to the Subscriber rather than to the
originating caller. Rates are neither time-of-day sensitive nor mileage sensitive. Calls are
billed in six (6) second increments after a minimum call duration for billing purposes of
eighteen (18) seconds. Rates are not mileage or time-of-day sensitive. A Monthly Recurring
Charge applies in addition to usage rates.
Rate Per Minute:
Monthly Recurring Charge:
$0.
$8.
7.4 Calling Card Service
Calling Card Service is available to Customers for placing calls while away from home or office. Calls
are originated by dialing a toll-free access number, followed by an account identification number and
personal identification number. Calls may originate from standard residential, business or pay
telephone access lines and may terminate to any interstate or intrastate location. Calls are billed in
sixty (60) second increments after an initial period for billing purposes of sixty (60) seconds. A one-
time charge for card set-up applies. There is no per call charge.
Per Minute Rate:$0.25
Set Up Charge:$2.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 8
Original Page 1
SECTION 8.0 - ACCESS SERVICES
General
Rates and regulations for the Company s Access Services may be found in the Company s Idaho Tariff
No.
Issued: March 14, 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 9
Original Page 1
SECTION 9.0 - SPECIAL ARRANGEMENTS
Individual Case Basis (ICB) 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
offered under this tariff. Rates quoted in response to such competitive requests may be different than
those specified for such services in this tariff. ICB rates will be offered to the Customer in writing and
on a nondiscriminatory basis.
ICB will be filed with the Idaho Public Service Commission.
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 id1O500
Ernest Communications, Inc.Idaho Tariff No. 1
Section 10
Original Page 1
SECTION 10.0 - PROMOTIONS
10.Special Promotions
The Company may, from time to time, offer services in this Tariff at special promotional rates and/or
terms. Such promotional arrangements shall be filed with the Commission when so required. 'All rates
and terms contained in this Tariff shall continue to apply unless specifically addressed in the
promotional agreements. Notice of such promotional offerings will be given to the Idaho Public
Service Commissiono
Issued: March 14 2005 Effective: March 28, 2005
Issued by:Paul Masters, President
5275 Triangle Parkway, Suite 150
Norcross, Georgia 30092 idl0500