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HomeMy WebLinkAbout20030128Application.pdfKELLEY DRYE &WARREN LLP TYSONS CORNER NEW YORK,NY SOOO TOWERS CRESCENT DRIVE FACSlMILE WASHINGTON,DC (703)918-2450SUITE1200LOSANGELES,CA WWW.kelleydrye.com CHICAGO,lL VIENNA,VIRGINIA 22182 STAMFORD,CT PARSIPPANY,NJ BRUSSELS,BELGIUM HONG KONG AFFILIATE OFFICES BANGKOK,THAILAND JAKARTA,INDONESIA MANILA,THE PHILIPPINES January 26,2002MUMBAl,1NDIA TOKYO,JAPAN Ms.Jean D.Jewell Secretary Idaho Public Utilities Commission 472 West Washington d i Boise,ID 83702 Re:Application of Excel Telecommunications,Inc.for Authority to Provide Competitive Local Exchange Telecommunications Service in the State of Idaho Dear Ms.Jewell, Enclosed please find,on behalf of Excel Telecommunications,Inc.("Excel"),an original, a duplicate and three copies of the above-captionedApplication for local exchange authority. Please date-stamp the duplicate copy of this filing and return in the pre-addressed envelope provided.If there are questions regarding this submission,my direct telephonenumber is (703)918-2315.Thank you in advance for your assistance with this matter. C Winafred Brantl Counsel for Excel Telecommunications,Inc. enclosures DC01/BRANW/170126.2 idaho Public UtUties knmissÍon BEFORE THE PUBLIC UTILITIES COMMISSION of IDAHO Applicationof ) EXCEL TELECOMMUNICATIONS,INC.) )Docket No.>Ô Í for Authority to Provide )CompetitiveLocal Exchange )Telecommunications Service )in the State of Idaho ) APPLICATION Excel Telecommunications,Inc.("Excel,""Applicant"or "Company"),by its attorneys and pursuant to the Telecommunications Act of 1996 as well as all relevant Rules and Regulations of the Idaho Public Utilities Commission ("Commission"),respectfully requests that the Commission grant it authority to provide a full range of competitive local exchange telecommunications services throughoutthe State of Idaho.Applicant intends to offer local exchange services to customers throughout those areas within the State of Idaho approved by the Commission for competitive provision of local exchange services.' Initially,Excel will focus on providing local services to residential customers.This focus is unique.This Commission is well aware that residential customers typically have scant choice in their local service provider.Nationwide,many entrants to the local marketplace have chosen to concentrate their efforts strictly on large and medium sized businesses. *At this time,the Company is not requesting authorityto provide such services in areasfallingwithinthescopeofruralexemptionsorotherregulatoryconstraintsupon competitive provision of services. Excel has had success in taking a different path.Excel has brought high quality long distance services,at competitivelylow prices,to the residential consumer---both in urban and in outlying areas ----to low volume users as well as high.Unlike other applicants,Excel plans to direct its local service offerings to a solidlyresidential base of customers. The challenge ahead is to bring comparable choice in service providers to residential customers.Excel respectfullysubmits that approval of its Application,authorizing the Company to commence provision of a full range of competitive facilities-based local services to residential consumers will be a measurable step towards achieving that important goal and therefore is in the public interest. In support of its Application,Excel provides the followinginformation: I.THE APPLICANT A.Corporate Information 1.Excel is a privately-held corporation formed on December 6,1988 under the laws of Texas.2 Excel's principal address is: Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 Telephone:(214)863-8700 Facsimile:(214)863-8721 Toll Free:(800)875-9235 2 Through a series of intervening companies,Excel is an indirect wholly-ownedsubsidiary of Bell Canada Enterprises ("BCE").BCE,at the time of this filing,has negotiated to transfer control of the North American Excel companies to Var Tec,Inc.("VarTec"), pursuant to the obtaining of all federal and state regulatory approvals.Notice of this transaction was sent to the Commission on October 30,2001. 2 2.A copy of Excel's Articles of Incorporation is attached as Exhibit A.Excel has been duly authorized by the Secretary of State of to transact business as a foreign corporation within Idaho.A Copy of Excel's Certificate of Authority to Transact Business is attached as Exhibit B. The name and address of Excel's registered agent in Idaho for service of process is: The Corporation Company 300 North 6th Street Boise,ID 83701 3.Excel was organized to provide state-of-the-art telecommunications services to customers in the State of Idaho and throughout the United States.A chart illustrating Excel's corporate structure is appended as Exhibit C. 4.Those persons specifically in charge of Excel's Idaho operations are still to be determined;however,in the interim,all questions regarding the Applicant's operations may be addressed to: Joel Ballew Director,Regulatory Affairs EXCEL TELECOMMUNICATIONS,INC. 8750 North Central Expressway,Suite 200 Dallas,Texas 75231 Telephone:(214)863-8700 Facsimile:(214)863-8721 Toll Free:(800)783-2909 3 B.Officers and Directors 5.The followingis a list of Excel's officers: Christina A.Gold Chairman,President and CEO HuntleyW.Bakich Senior Vice President,eBusiness Mike Roudi Senior Vice President -North American Product Marketing William G.Smit Senior Vice President,Network Laura Collins Senior Vice President of US Sales and North American Representative Services James R.McFelea Senior Vice President,Customer Service James G.Timmer Executive Vice President and Chief Financial Officer Christopher P.Kelly General Counsel Michael T.Boychuk,Executive Vice President and Chief Financial Officer [BCE] David G.Masse Assistant Corporate Secretary [BCE] The followingis a list of Excel's Directors: Christina A.Gold William G.Smit James G.Timmer Biographical materials discussing the backgrounds and experience of these ofÏicers and directors are appended as Exhibit D.All of the above-listed individuals may be reached at the following address: 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 Telephone (214)863-8700 4 II.DESIGNATED CONTACTS 6.The designated contact for this application is: Winafred R.Brantl KELLEY DRYE &WARREN,LLP 8000 Towers Crescent Drive,Suite 1200 Vienna,VA 22182 Telephone:(703)918-2315 Facsimile:(703)918-2450 Email:wbrantl@kellevdrye.com 7.Copies of all correspondence,notices,inquiries and orders should be sent to the followingindividual,who is Applicant's initial contact person for all regulatory and compliance issues: Jerry G.Kirby,Tariff Manager -Regulatory Affairs Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 Telephone:(214)863-8720 Facsimile:(214)863-8918 E-mail Address:RegulatoryAffairs@excel.com Department Toll-Free Number:(800)783-2909 with the exception of consumer issues or customer complaints which should be addressed to: Joel Ballew,Director,Regulatory Affairs Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 Telephone:(214)863-8700 Facsimile:(214)863-8721 E-mail Address:jballew@excel.com or RegulatoryAffairs@excel.com Department Toll-Free Number:(800)783-2909 5 III.DESCRIPTION OF BUSINESS HISTORY 8.Excel proposes to operate as a facilities-based provider of local exchange telecommunications services in the State of Idaho and throughout the nation.The Company is committed to provision of a full range of competitive local services to residential consumers.3 Excel's objective is to provide its customers with a complete solution for their communications needs. 9.As of the date of this Application,Excel is authorized by virtue of certification, registration,or (where appropriate)on an unregulated basis to provide local exchange and/or interexchange telecommunications services in the jurisdictions listed on the chart attached as Exhibit E.Excel's application to provide interexchangetelecommunications services in Idaho was accepted for filing effective May 13,1991. 10.In addition to this request for authority to operate in Idaho,Excel is currently seeking authorityvia pending applications to provide resold and facilities-based local exchange services in the jurisdictionslisted on the chart attached as Exhibit F. After a time,should economic conditions permit,the Applicant may begin to offer services to business customers as well;however,the Company's primary customer base will be residential consumers. 6 IV.DESCRIPTIONOF AUTHORITYREQUESTED 11.By this Application,Excel seeks authorityfrom the Commission to provide a full range of local telecommunications and data services on a facilities and resale basis.Specifically,Excel seeks authority to provide all forms of switched and dedicated telecommunications services, includingbut not limited to the followinglocal services: "Plain Old Telephone Service"-originatingand terminatinglocal calls; Access Service -originating and terminating traffic between a customer premise and an IXC POP; Private Line; Data transmission service;and Internet services. 12.With respect to the geographic coverage area for its intended services,Excel requests authorityto operate as a local exchange carrier in all areas within the State of Idaho which have been opened to competitive provision of such services.Excel anticipates that it will primarily serve residential customers at this time;however the Company may expand its product offering to serve business customers should economic conditions permit.With respect to the initial scope of its proposed operations,the Company respectfullyrequests permission to concur in U.S. West's service area maps,already on file with the Commission. 13.Excel is currentlyundertaking the requisite steps to opt into an existing interconnection agreement with U.S.West. 7 V.DESCRIPTIONOF EXCEL's NETWORK 14.Excel plans to provide its service initially through a combination of unbundled network elements ("UNEs"),specifically the unbundled network element platform (UNE-P),purchased from the ILEC.The Company may eventuallycollocate its own equipment in central offices and/or carrier hotels insofar as feasible within the changing telecommunications market.Excel has no plans to construct outside plant or loop distribution equipment at the current time,but may undertake such actions in the future if changes in market conditions and the Company's business plans dictate. VI.DESCRIPTIONAND FITNESSOF THE COMPANY 15.As demonstrated below,Excel is well-qualifiedmanagerially,technicallyand financially to provide the competitive local exchange telecommunications services for which authority is requested in this Application. 16.Excel has adequate managerial resources to support its proposed Idaho operations.The Excel management team includes individuals with substantial experience in the successful development and operation of telecommunications businesses.Consequently,this team is well- qualified to develop and manage Excel's local exchange operations in Idaho.Further details regarding the business and operational experience of Excel's officers and management personnel are provided in Exhibit D. 17.As is evident from the information contained in Exhibit D,Excel is managed by persons with substantial technical expertise in designing,constructing and operating telecommunications networks.This wealth of experience will enable Excel to provide its local exchange customers with advanced,state-of-the-art technology for its telecommunications services as described in this Application. 8 18.As specifically demonstrated in the financial statements of Excel Communications,Inc., the parent company of Excel,appended as part of Exhibit G,Excel has access to sufficient capital to fund the development and operation of its telecommunications network in Idaho,and to meet any lease and ownership obligations associated with its provision of local exchange telecommunications services in Idaho. 19.Excel is a privately-heldcompany and,thus,does not issue annual reports or submit any financial filings with the Securities and Exchange Commission. VII.PROPOSED TARIFF 20.All of the regulated telecommunications services offered by Excel in Idaho will be provided pursuant to the terms and conditions set forth in Excel's proposed local exchange services tariff,which is appended as Exhibit H. VIII.BILLINGINFORMATION AND CUSTOMER SERVICE 21.Excel will bill all of its end-user customers directly.Excel does not intend to utilize a billingagent,a "billing clearinghouse"or other outside entityto issue bills to its customers.All invoices sent to end-user customers will bear the company's name and provide a toll-free number for customer inquiries and complaints. 22.Excel's customer service representatives will be able to assist customers with billing questions between the hours of 8:00 AM to 5:00 PM,Monday through Friday at (888)227-7631. When a call is received,a service representative will retrieve customer account information and be prepared to address specific billinginquiries includingquestions about the customer's overall monthly bill,specific rates and charges,and the mechanics of the company's special discount programs.Service representatives are also available to assist customers with other questions about the company and its product offerings. 9 23.Excel strives to work with customers to resolve any complaints in a satisfactory manner. When a billing adjustment is needed,the service representative will process the adjustment at the time of inquiry.Each representative has the authorityto adjust a customer's bill up to a specified dollar amount.Any adjustments which exceed this amount are approved by a department supervisor.When an adjustment is made,the customer will see the credit within sixty (60)days of issuance.Alternatively,customers will be able to communicate billing questions or concerns to Excel customer service representatives in writing. 24.Written inquiries from regulatory agencies and others are handled by the Customer Relations Department.When a written complaint is received,it is promptly reviewed and researched.In some instances,a service representativemay contact the customer to obtain more information about a particular grievance.A letter addressing the problem and documenting the resolution is then forwarded to the agency,customer or complainant as appropriate. 25.Excel provides its service representatives with one-on-one,hands-on training..In addition,Department meetings and periodic service bulletins keep service representatives apprised of changes in rates,billing policies and operating procedures.Future systems enhancements and modifications of current procedures are aimed at ensuring that Excel's customers receive the help they need in the most expeditious and efficient manner possible. 26.For service and maintenance issues,customers will be able to contact Excel's customer services 24 hours a day,seven (7)days a week,by calling toll-free at (888)227-7631. 10 IX.PUBLIC INTEREST CONSIDERATIONS 27.Approval of this Application and Excel's proposed tariff will serve the public interest and result in direct benefits to local service customers in Idaho.First,Excel's provision of the services described above will expand the availability of high quality affordable telecommunications services to Idaho consumers.Moreover,the Company's proposed operations will increase the demand for and usage of the existing state-of-the-art networks of its underlying carriers as well as its own facilities,thereby promoting continued development of advanced telecommunications infrastructure to serve the needs of Idaho residential consumers. As discussed above,Excel's entry into the facilities-based local exchange services market will focus upon the still underserved residential market in Idaho.While the majority of new local exchange entrants continue to focus upon the business sector,Excel will concentrate instead upon the market group for whose benefit telecommunications competition was originally intended residential users. WHEREFORE,Excel respectfullypetitions this Commission for authorityto provide a full range of competitive local exchange telecommunications services in the State of Idaho in accordance with this Application,for approval of the Company's proposed local exchange services tariff and for such other relief as the Commission deems necessary and appropriate. Respectfully submitted, EXCEL TELECOMMUNICATIONS,INC. By: Winafred Brantl I ILLEY DRYE &WARREN LLP 8000 Towers Crescent Drive,Suite 1200 Vienna,VA 22182 (703)918-2315 January 26,2002 VERIFICATION [Commonwealth/State]of ss. County of James G.Timmer,Affiant,being duly [sworn/affirmed]according to law,deposes and says that: He is the Executive Vice President and ChiefFinancial Officer(Office of Affiant)of Excel Telecommunications,Inc. That he is authorized to and does make this affidavit for said corporation; That the facts set forth in this Application are true and correct to the best of his knowledge,information,and belief and that he expects said corporation to be able to prove e same at any hearing hereo Ja G.Timmer E c ive Vice President and C Financial Officer Excel Telecommunications,Inc. Sworn and subscribed before me this day of ,20$. ELECTRONIC VERSION DC01/BARKK/169292.1 CEL TELECOMMUNICATIONS,INC. APPLICATION FOR LOCAL SERVICE AUTHORITY IDAHO EXHIBIT A EXHIBIT A ARTICLES OF INCORPORATION e fate of exas SECRETARYOF STATE CERTIFICATEOF AMENDMENT OF EXCEL TELECOMMUNICATIONS,INC. CHARTER NO.1096708-0 The undersigned,as Secretary of State of Texas,hereby certifies that the attachedArticles of Amendmentfor the above named entity have been received in this office and are found to conform to law. ACCORDINGLYthe undersígned,as Secretary of State,and by virtue of the authority vested in the Secretary by law,hereby issues this Certificate of Amendment. Dated:December 28,1995 Effective:December 28,1995 Antonio 0.Gana,Jr. Secretary of State FILED ARÈCLESOF AMENDME'°In the Office of the TO THE ARTICLESOF INCORPORATION Secretary of State of Texas OF DEL'g 8 1995 EXCEL TELECOMMUNICATIONS,INC. (the "Corporation")CorporationsSection Pursuant to the provisions of Article 4.04 of the Texas Business Corporation Act,the Corporation adopts the following Articles of Amendment to its Articles of.Incorporation. ARTICLEONS The name of the Corporation is Excel Telecommunications,Inc. ARTICLETWO The following amendment to the Articles ofIncorporation was adopted by the shareholders of the Corporation on December g 1995,so as to amend the capitalization of the Corporation set forth in Article Four.Article Four of the Articles of Incorporationis hereby amended to read in its entirety as follows: A.The aggregate number of shares that the Corporation shall have authorityto issue is One MillionTwo Hundred Thousand (1,200,000)shares.Such shares shall be issued in two (2) classes of stock to be designated"Common Stock"and "Preferred Stock."The number of shares of Common Stock authorized is Two Hundred Thousand (200,000)shares having no par value per share.The number of shares of Preferred Stock authorized is One Million (1,000,000)shares having no par value per share. B.The Preferred Stock may be issued from time to time in one (1)or more series. The Board of Directors is hereby authorized,by filing a statement pursuant to Article2.13 of the Texas Business Corporation Act,to fix or alter from time to time the designations,preferences, limitations and relative rights of the shares of each such series,including,withoutlimitation,the dividend rights,dividend rate,conversion rights,votingrights,rights and terms of redemption (including sinking fund provisions),redemption price or prices,and the liquidationpreferences of any whollyunissued series of Preferred Stock,and to establish from time to time the number of shares constituting any such series and the designation thereof,or any of them (a "Preferred Stock Designation");and to increase or decrease the number of shares of any series subsequent to the issuance of shares of that series,but not below the number of shares of such series then outstanding.In case the number of shares of any series shall be so decreased,the shares constituting such decrease shall resume the status that they had prior to the adoption of the resolution originally fixingthe number of shares of such series. ARTICLE THREE The number of shares of the Corporation outstanding at the time of such adoption was 99,000,and the number of shares entitledto vote thereon was 99,000. ARTICLEFOUR The number of shares voted for such amendment was 'N,Igo ;the number of shares voted against such amendment was 0.The holders of at least a majority of the shares of Common Stock outstanding and entitled to vote on the amendments set forth above have signed a consent in writing pursuant to Article 9.10 adopting such arnendments as set forth below and any writtennotice required by Artic1c 9.10 has been given to all shareholders who did not consent in writing. ARTICLE FIV.E The amendment does not involveany exchange,reclassification or cancellation of issued shares of the Corporation. ARTICLESIX The amendment does not effect a change in the amount of stated capital of the Corporation. Dated:December §1995 EXCEL TELECOMMUNICATIONS,INC. A Texas Corporation By: Name:kp.o 0,,,4 Title:aç{{ R:\CORP\2655\1\NEWENT\ARTICLES.M 1 Fab 12/27/95 2 In the Othce os om STATEMENTOF CANCELLATIONOF TRE GRY SHARE ecretary of State of Texas 0 E.C 2 8 1995 Pursuant to the provisions of Article 4.11 of the Texas Business CorpcAlfeprA rgþection undersigned corporation subniits the followingstatement of cancellation by resolution of its Board ofDirectors of shares of the corporation reacquired by it: 1.The name ofthe corporation is Excel Telecommunications,Inc.(the "Corporation"). 2.A resolution was duly adopted by the Board of Directors of the Corporation on December g,1995,authorizing the cancellation of One Thousand (1,000)treasury shares,itemized as follows: Class Series Numberof Shares Common Stock n/a 1,000 3.The amount of stated capital represented by the shares to be cancelled is Twelve Thousand Nine Hundred Fifty Dollars ($12,950). 4.The aggregate number of issued shares,itemized by classes and series and par value,if any, . after giving effect to such cancellationis itemized as follows: Class Series Par Value Number of Shares Common n/a no par 99,000 5.The amount ofthe stated capital ofthe corporation after giving effect to such cancellationis Two Hundred Fifty Seven Thousand Four Hundred Seventy Three Dollars (5257,473). Dated:December J 1995 EXCEL TELECOMMUNICATIONS,INC. A Texas Corporation By: Namel K'en ;Úç UR Title:. Ÿresthyr† R·\COW2655\l\NEWENTiSTATECAN.EXC I Fab 12/21/95 e fate of exas SECRETARY OF STATE CERTIFICATE OF MERGER The undersigned,as Secretary of State of Texas,hereby certifies that the attached Articles of Merger of EXCEL MERGER SUBSIDIARY,INC.(a Delaware no permit) with EXCEL TELECOMMUNICATIONS,INC. have been received in this office and are found to conform to law. ACCORDINGLY,the undersigned,as Secretary of State,and by virtue of the authority vested in the Secretary by law,hereby issues this Certificate of Merger. Dated December 28,1995. Effective January 1,1996 12:01 AM Antortio O.Gar::a,Jr. Secretary of State ENT BY: 12-28-55 ;14:32 ; 94- FJLED ... Secrenthe o eexas DEC 2 8 1995 ARTICTE OF MERGER Pursuant to the provisions of Article 5.04 of the Texas Corpor tion e ¡Qtet (t "TBCA"),Excel Telecommunications,Inc.,a Texas corporation ("Surviving Corporation"),and Excel Merger Subsidiary,Inc.,a Delaware corporation (the "Merged Corporation"),submit the following Articles of Merger for the purpose of effectinga merger (the "Merger")in accordance with the provisions of Article 5.01 of the TBCA: L An Agreement and Plan of Merger (the "Plan of Merger"),adopted in accordance with the provisions of Article 5.03 of the TECA,pursuant to which the Merged Corporation will be merged with and into the Surviving Corporation,was duly authorized by all action required by the TBCAand the articles or certificate of incorporation of such corporations,a copy of which is attached to these Articles of Merger and made a part hereof. 2.Thenames of the undersigned corporations and the laws of the State under which such corporations were formed are: State Name of Corporation ExcelTelecommunications,Inc.Texas Excel Merger Subsidiary,Inc.Delaware 3.As to the Surviving Corporation and the Merged Corporation,the number of shares outstanding are as follows: (a)SurvivingCorporation:99,000 shares of common stock,no par value per share. (b)Merged Corporation:1,000 shares of common stock,par value$.001 per share. 4.As to the Surviving Corporation and the Merged Corporation,the numbers of shares voted for and against such Plan of Merger by the shareholders and stockholders,as applicable,of such corporations are,respectively,as follows: (a)Surviving Corporation: (i)TOTAL VOTEDFOR:74,180 shares (ii)TOTALVOTED AGAINST:0 shares (b)Merged Corporation: (i)TOTALVOTEDPOR:1,000 shares ---Um A GAINST:0 sharcs DT BY: 112-28-85 ;14:32 :686724---.- (c)The holders of at least two-thirds of the shares of Common Stock of the Surviving Corporation have signed a consent in writing pursuant to Article 9.10 adopting the Plan of Merger and any written notice required by Article 9.10 has been given to all shareholders of the Surviving Corporation who did not consent in writing. 5.The Plan of Merger and the performance of its terms were duly authorizedby all action required by the laws under which each foreign corporation or other entity that is a party to the Plan of Merger was incorporated or organized and by its constituent documents. 6.The effective date and time of the Merger shall be January 1,1996,at 12:01 a.m., Central Standard Time. Executed December _Ñ,1995. EXCELTELECOMMUNICATIONS,INC. a Texas corporation By: Name:.o Title: EXCELMERGERSUBSIDIARY,INC. a Delaware corporation By:- Name: Title: R:\CORP\2655\l\NEWENGARTMER.TX 1 Fab 12/19/95 Ì2-28-SS ;14:33 ; 686724- SENT BY·. -" AGREEMENTAND PLAN OF MERGER TIES AGREEMENTAND PLANOP MERGER (this "Plan of Merger"),to be effective as of the EffectiveTime (as defined in Section 1.2),is executed by Excel Merger Subsidiary,Inc., a Delaware corporation ("Merged Corporation"),Excel Telecommunications,Inc.,a Texas corporation ("Surviving Corporation"),and Excel Telecommunications Holdings,Inc.,a Delaware corporation ("Parent Corporation"). RECITALS: The respective Boards of Directors of Merged Corporation,SurvivingCorporation and Parent Corporation have adopted resolutions in accordance with the Texas Business Corporation Act ("TBCA")and the Delaware General Corporation Law ("DGCL"),as applicable,approving this Plan of Merger,recommending its approval by the respective shareholders or stockholders of each entity and directing that this Plan of Merger be submitted to the respective shareholders or stockholders of each entity for approval. NOW,THEREFORE,in consideration of the promises and the mutual agreements, covenants and provisions herein contained,thc parties hereto agree as follows: ARTICLEI I The Mergers 1.1 The Merger.At the Effective Time and in accordancc with the TECA and the DGCL,the Merged Corporation shall be merged with a¤d into the SurvivingCorporation,the separate existence of the Merged Corporation shall cease,and the Surviving Corporation,as the survivingcorporation of such merger (the "Merger"),shall continue to exist by virtue of and shall be governed by the laws of the State of Texas. 1.2 Effective Time of Merger.Articles of Merger setting forth the information required by,and otherwise in compliance with,the TBCA shall be filed with the Secretary of State of the State of Texas and a Certificate of Merger setting forth the informationrequired by,and otherwise in compliance with,the DGCLshall be filed withthe Secretary of State of the State of Delaware and the merger of the Merged Corporation with and into the Surviving Corporation shall become effective at 12:01 a.m.Central Time January 1,1996 (the time of such effectiveness is herein called the "Effective Time"). 1.3 Effect of Merger.The Merger shall have the effects set forthin Article 5.06 of the TBCA,Section 259 of the DGCL and of the other relevant provisions of the TECA and the DGCL. 1.4 Articles of Incorporation.The Articles of Incorporation of the Survivin: Corporation as in effect at the Effective Time shall be the Articles of Incorporation of Survivin: DT By:12-28-95 :14:33 :686724,5124 tzt Corporation.No changes are to be effected to the Articles of Incorporationof the Surviving Corporation as a result of the Merger. 1.5 Bylaws.The Bylaws of the Surviving Corporation as in effect at the Effective Time shall te the Bylaws of the SurvivingCorporation.No changes are to be effected to the Bylaws of the SurvivingCorporaiton as a result of the Merger. 1.6 Officers.The officers of the SurvivingCorporation who are serving as such at the Effective Time shall be the officers of the Surviving Corporation from and after the Effective Time,each such individual to serve until his or her successor has been duly elected or appointed . and qualified or until his or her earlier death,resignation or removal in accordance with law,the Surviving Corporation's Articles of Incorporation and its Bylaws. 1.7 Directors.The directors of the Surviving Corporation who are serving as such immediately prior to the Effective Time shall be the directors of the SurvivingCorporation from and after the Effective Time,each such individualto serve until his or her successor has been duly elected or appointed and qualified or until his or her earlier death,resignation or removal. 1.8 Further Assurances.If at any time the Surviving Corporation,or its successors or assigns,shall consider or be advised that any further assignments or assurances in law or any other acts are necessary or desirable to (a)vest,perfect or confirm,of record or otherwise,in the Surviving Corporation its rights,title or interest in,to or under any of the rights,properties or assets of the Merged Corporation acquired or to be acquired by the Surviving Corporation as a resultof,or in connection with,the Merger,or (b)otherwise carry out the purposes of this Plan of Merger,the Merged Corporation and its proper officers and directors shall be deemed to have granted to the Surviving Corporation an irrevocable power of attorney to execute and deliverall such proper deeds,assignments and assurances in law and to do all acts necessary or proper to vest,perfect or confirm title to and possession of such rights,properties or assets in the Survivi¤g Corporation and otherwise to catry out the purposes of this Plan of Merger;and the proper officers and directors of the SurvivingCorporation are fully authorizedin the name of the Merged Corporation or otherwise to take any and all such action. 1.9 Amendment.Notwithstandingshareholder or stockholder approval of this Plan of Merger,this Plan of Merger may be amended,modified or supplemented by resolutionof the boards of directors of the Merged Corporation and the Surviving Corporation,at any time on or before filing of Articles of Merger or a Certificate of Merger embodying the Plan of Merger with the Secretary of State of the State of Texas or the Secretary of State of Delaware,if permitted by the TBCA and the DGCL. 1.10 Successor to Rights and I iabilities.At the Effective Time,the separate existence of the Merged Corporation shall cease,and the SurvivingCorporation shall succeed without other transfer to all the rights and property of the Merged Corporation and shall be subject to all the 2 SBT gy:12-28-35 ;14:34 ; 686724,512fla debts and liabilities of the Merged Corporation in the same manner as if the Surviving Corporation had itselfincurred them. ARTICLEIl Conversion of Shares in the Mercer and Other Matters 2.1 Conversion. (a)Except as otherwise provided in Section 2.1(b)and except for shares with respect to which the holder thereof ("Dissemer")ultimatelyreceives payment pursuantto Articles 5.11 through5.13 of the TBCA ("Dissenters'Securities"),each share of issued and outstanding shares of the no par value per share common stock of the Surviving Corporation ("Excel Common Stock")immediately prior to the Effective Time shall be converted into 1,000 shares ("Merger Consideration")of the Parent Corporation's $.001 par value per share Common Stock (the "Parent Common Stock")and in connection therewith such shares of the Excel Common Stock shall be cancelled and restored to the status of authorized but unissued shares. (b)Upon the conversion of the Excel Common Stock provided for in Section 2.1(a),each share of capital stock of the Merged Corporation outstanding immediately prior to the Effective Time shall be converted into one share of Excel Common Stock. (c)The Parent Common Stock held by the Surviving Corporationimmediately prior to the Effective Time shall be cancelled and retired and thereafter such shares of the Parent Common Stock shall be restored to the status of authorized but unissued shares. 2.2 Dissenters.If after the Effective Time a Dissenter loses the right to receive payment pursuantto Articles 5.11 through 5.13 of the TBCA,the Dissenter's Securities held by such Dissenter shall be treated as if they had been converted as of the Effective Time into the Merger Consideration. 2.3 Surrender and Pavment. (a)Each holder of the Excel Common Stock that shall have been converted into the Merger Consideration,upon surrender to the Parent Corporation of a certificate or certificates formerly representing such shares of Excel Common Stock,will be entitled to receive the stock certificates of the Parent Corporation representing the Merger Consideration issuable in respect of such shares of Excel Common Stock.Until so surrendered,each such certificate shall,after the EffectiveTime,represent for all purposes,the appropriate Merger Consideration.In no event will a holderof shares of Excel Common Stock be entitled to interest on the Merger Consideration issuable in respect of such Parent Corporation. 3 SE\T BY: 12=2ßiß5 ;14:35 :686724-ou o ... (b)After the EffectiveTime,there shall be no furtherregistration of transfers of shares of Excel Common Stock held prior to the Effective Time except as may be permitted by Articles 5.11 through 5.13 of the TBCA.If,after the Effective Time,certificates formerly representing Excel Common Stock are presented to the Surviving Corporation,they shall be canceled and exchanged for the consideration provided for,and in accordance withthe procedures set forth,in this Article IL 2.4 Options.At the Effective Time,the Parent Corporation shall hereby assume the SurvivingCorporation's rights and obligations under the 1995 Stock Option Plan of Surviving Corporation and under cach option agreement issued pursuant thereto of which options for 5,041.575 shares of Excel Common Stock have been granted (the "0ptions").Pursuantto this assumption and without further action on the part of the Parent Corporation or the Surviving Corporation,Parent Corporationhereby agrees that,after the Effective Time,upon exercise of such Options,the holders thereof will be entitled to receive 1,000 shares of Parent Corporation Common Stock for each share of Excel Common Stock with an excrcise price equal to 1/1000th of the exercise price originally set forth in the option agreements for each sharc of Excel Common Stock,subject to further adjustments as set forth in such agreements for subsequent events. ARTICLEIIl Miscellaneous 3.1 Counterparts.This Plan of Merger may be executed in any number of counterparts,each of which shall be deemed an original,but all of which collectivelyshall constitute one and the same instrument.Each such multiplecounterpart of this Plan of Merger may be trammittedvia facsimile or other similar electronic means and executed by one or more of the undersigned,and a facsimile of the signature of one or more of the undersigned shall be deemed an original signature for all purposes and have the same force and effect as a manually- signed original. 3.2 Governing law.This Plan of Merger shall be governed by,and construed in accordance with,the laws of the State of Texas,except to the extent that the DGCL applies by its terms. 3.3 Section Headings.The section headings contained in this Plan of Merger are inserted for convenience of reference only and shall not affect the meaning or interpretationof this Plan of Merger. 3.4 Termination.This Plan of Merger may be terminated at any time before the EffectiveTimeby appropriate resolutionof the Board of Directors of the SurvivingCorporation for any reason which it deems appropriate. 4 12-2ß-;14 °35 ·686724-.5120 a SENT BY . R$3.5 Amendment.To the extent permitted by law,this Plan of Merger may be amended or supplemented (a)at any time before the Effective Time,by action taken by the Boards of Directors of SurvivingCorporation,Merged Corporation and Parent Corporation and (b)at any time after the Effective Time,by action taken by the Board of Directors of Parent Corporation. IN WITNESSWHEREOF,the parties hereto have executed this Plan of Merger on the date or dates indicated below,to be effective as of the date first set forth above. EXCELTELECOMMUNICATIONS,INC. EXCELMERGERSUBSIDIARY INC. EXCELTELECOMMUNICATIONSHOLDIÑGS,INC. r.\corp\1655\9\merg.pla 3 AMllsjw 122295 5 r tatt of Sexas þrrrrfary of ffaft DEC.69 1988 DAVfD L.SHERWO O 600 N RTH DALLAS ßANK TOWE?.12900 PRESTON RO DALLAS ,TX 75230 kE: äXCEL TELFCOMMUNICATIONS,INC. CHARTER NUMBëR 0199670ò-00 -IT HAS REEN UUR PLEASURE TO APPROVE AND PLACE ON RECO.RD THE ARTICLES -JF INCuRP RATION THAT CREATED YOUR CURPOkaTION.WE EXTEND OUR BEST WISHES cd SUCCFSS IN YOU.NEW VENTURE. AS A CUG.?KAffdN,YOU ARE 5UBJECT TO STATE TAX LAWS.SOME NON-PROFIT COR?d ATI NS ARE EXEMPT FRUM THE PAYMENT OF FRANCHISE TAXES AND MAY ALSO Aé EYEMPT ROM THE PAYMENT OF SALES AND USE TAX ON THE PURCHASE F TAXA3LF ITEMS.IF YOU FEEL THAT UNDER THE LAW YOUR CORPORATION IS ENTITLED TO 8 FXEMPT YOU MUST APPLY TO THE COMPTROLLER OF PUBLIC AC- COUNTS FOR THE EXEMPTION.THE SECRETARY OF STATE CANNOT MAKE SUCH DETERNINATION FOK YOUR CORPORATION. IF We CAN SE OF FURTHER SERVICE AT ANY TIME,PLEASE LET US KNOW. ERY TRUL YOURS, \N Secretary of State ..FILED in the Off¡a of th ARTICLES OF INCORPORATION Secretary of State y exas EXCEL TELECOMMUNFICATIONS,INC. DEC 08 1988 Clerk I-8Corporgt¡RS SectionArticleI The name of the corporation is EXCEL TELECOMMUNICATIONS, INC.Article II The period of its duration is perpetual. Article III The purpose for which the corporation is organized is the transaction of any or all lawful business for which corporations may be incorporated under the Texas Business Corporation Act. Article IV The aggregate number of shares which the corporation shall have authority to issue is one hundred thousand (100,000)shares of no par value. Article V The corporation will not commence business until it has received for the issuance of shares consideration of the value of One Thousand Dollars ($1,000.00)consisting of money,labor done,or property actually received. Article VI The street address of its initial registered office is 12202 Pleasant Valley Drive,Dallas,Texas 75243,and the name of its initial registered agent at such address is Kenny A.Troutt. ARTICLES OF INCORPORATION -Page 1 t Article VII Kenny A.Troutt shall constitute the initial sole director of the Board of Directors,and he shall serve as director until the first annual meeting of the shareholders,or until his successor shall be elected and qualify.The address of said director is: Kenny A.Troutt 12202 Pleasant Valley Drive Dallas,Texas 75243 Article VIII The name and address of the incorporator is David L. Sherwood,Post Office Box 670035,Dall_as,Texas 75 3.. DAVID L.SHERWOOD STATE OF TEXAS ):ss. COUNTY OF DALLAS) BEFORE ME,the undersigned Notary Public,on this day personally appeared DAVID L.SHERWOOD,known to me to be the person whose name is subscribed to the foregoing document,and being by me first duly sworn,declared that the statements therein contained are true and correct. GIVEN under my hand and sea of office this 1st day.of December,1988.· NÖTARY PUBLI tate of Texas My commission expires:UBUEJ.OVIRŒl Nma Putúlc STATE OF TEXAS 'W Comm.Exp.322-92 ARTICLES OF INCORPORATION -Page 2 CEL TELECOMMUNICATIONS,INC. APPLICATION FOR LOCAL SERVICE AUTHORITY IDAHO EXHIBIT B EXHIBIT B CERTIFICATEOF AUTHORIZATION TO TRANSACT BUSINESS IN THE STATE OF IDAHO tate of I aho CERTIFICATE OF AUTHORITY OF EXCEL TELECOMMUNICATIONS,INC. File number C 112897 I,PETE T.CENARRUSA,Secretaryof State of the State of Idaho,hereby certify that duplicate originals of an Application of EXCEL TELECOMMUNICATIONS,INC. for a Certificate of Authority to transact business in this State,dulysignedand verified pursuant to the provisionsof the Idaho Business Corporation Act,have been received in this office and are found to conform to law. ACCORDINGLY and by virtue of the authority vested in me by law,I issue this Certificate of Authority to EXCEL TELECOMMUNICATIONS,INC.to transact business in this State under the name EXCEL TELECOMMUNICATIONS,INC.and attach hereto a duplicateoriginal of the Application for such Certificate. Dated:December 8,1995 SECRETARY OF STATE in - APPLICATION FOR CERTIFICATE OF AUTHORITY (For Profit) To th emndearsigneSd o a i fo Certificate of Authority and states as follows: 1.The name of the ÍÏdn'iŠOEXCEITFTELECOHMUNICATIONSrINC. STATE OF IDAHO 2.The narne which it shall USA in Irinho is 3.It is incorporated unrier the laws of Texas 4.Its date of incorpomtion is 12 (6/88 and its dumtion,if other than perpetual,is Perpetual 5.The address of its principal office in the state or country under the laws of which it is incorporated is 9101 LBJ FREEWAY,STE.800r DALLASr Texas 75243 6.The address to which conespondence should be addressed,if different than item 5,is 7.The street address of its registered office in idaho is 300 NORTH 6TH STREET,BOISE,ID 8 3701 ,and its registered agent in idaho at that address is CT CORPORATION SYSTEM 8.The purpose or purposeswhich it is proposedto pursue in the transaction of business in Idaho are:· The purpose of the corporation is to engage in any lawful act or activity forwhichcorporationsmaybeorganizedtodobusinessunderthelawsofTdahn. 9.The names and respective addresses of its directors and officers are: Name Office Address PRESIDENT &C.E.O.9101 LBJ FREEWAY,STE.800,KENNY A.TROUTT anel nirar¥nr nAT.T.AS.'reras 794°4 EXECUTIVE VICE 9101 LBJ FREEWAY,STE.800,STEPHEN SMITH PRESIDENT and DALLAS,Texas 75243 VICE PRES.,SEC.,&9101 LBJ FREEWAY,STE.800,JACK MCLAINE TREAS,and Director 97 T.T Sr Texas 75743 10.The corporation accepts and shall comply with the Constitution and the laws of the State of Idaho. IDAHO SECRETARY OF STATE Secretary of Stcate use only AP EXCEL TELECOMMUNICATIONS,INcCK #:11200206 CUST#15948(corporation nam)AUTH PRO1@100.OO=100.OOBygigEXPEDITEC1920.00=20.00ItsP,President,Secretary or Assistant Secretary (gesse space KENNY A.TROUTT M I i STATE OF IDAHO OFFICE OF THE SECRETARY OF STATE CORPORATE ANNUAL REPORT REQUIREMENTS The information set forth is based upon Idaho statutes and administrative rulings,regulationsand policies. Applies to:Each domestic corporation and each foreign corporation authorized to transact business in this state. New corporations:The first report of a recently organized or qualified corporation is due between July 1 and November 30 of the year of orga- nization or qualification,exceptfor corporationsorganized or qualified after June 30.Such corporations file their first report between July 1 and November 30 of the year followingincorporation or qualification. Report due:A completedannual report is due in this office after July 1 and no later then November 30. Filed with:Secretary of State,PO Box 83720,Statehouse,Boise,ID 83720-0080. Forms:The required annual report form is sent directly to corporations by the Secretary of State during the first week in July each year.Direc- tions for completingthe report are on the back of the form. Eee:No filing fee is required. Penalties:If an annual report form is not received on or before the due date,the corporation will forfeit its right to do business as a corporation. CEL TELECOMMUNICATIONS,INC. APPLICATION FORLOCAL SERVICE AUTHORITY IDAHO EXHIBIT C EXHIBIT C CORPORATE STRUCTURE CO R P O R A T E ST R U C T U R E OF EX C E L TE L E C O M M U N I C A T I O N S , IN C . (A P P L I C A N T ) AS OF NO V E M B E R 30 , 20 0 1 BC E In c . [C a n a d a ] [P u b l i c l y Tr a d e d ] Te l e g l o b e In c . [C a n a d a ] Te l e g l o b e Ho l d i n g s (U . S . ) Co r p o r a t i o n [D e l a w a r e ] Ex c e l c o m , In c . [D e l a w a r e ] Ex c e l Te l e p h o n e , In c . [D e l a w a r e ] I I eM e r i t u s Co m m u n i c a t i o n s , In c . Ex c e l Te l e c o m m u n i c a t i o n s , In c . Lo n g Di s t a n c e Wh o l e s a l e Cl u b [T e x a s ] Ex c e ! Te l e c o m m u n i c a t i o n s of Vir g i n i a , In c . Ex c e l Ho l d i n g s , In c . [V i r g i n i a ] [D e l a w a r e ] CEL TELECOMMUNICATIONS,INC. APPLICATION FORLOCAL SERVICE AUTHORITY IDAHO EXHIBITD EXHIBIT D STATEMENTOF MANAGERIAL AND TECHNICAL QUALIFICATIONS BIOGRAPHICAL INFORMATION Christina A.Gold,Chairman,President,Chief Executive Officer and Director -Christina Gold is Chairman,President and CEO of Excel Communications,Inc.-one of the nation's premier direct selling companies offering telecommunications and e-commerce products and services through a nationwide network of Independent Sales Representatives.Previously,Ms. Gold was President and Founder of The Beaconsfield Group,an advisory firm specializing in global direct selling and marketing/distribution strategies.Prior to the establishment of her company,she had a distinguished career at Avon Products,Inc.,for 28 years. While at Avon,Ms.Gold held a number of key positions in executive management,including Executive Vice President -global direct selling development;President and Chief Executive Officer of Avon Canada;and President of Avon North America,where she is credited with the company's turnaround. In addition to her duties at Excel,Ms.Gold is a member of the Dallas Chamber of Commerce, and of the boards of directors of ITT Industries,Inc.,Torstar Corporation and Meredith Corporation;a Trustee and Vice Chairman of the Conference Board,Inc.,in New York;and a director of the Conference Board of Canada.She is also a member of the boards of both the Direct Selling Education Foundation and the Direct Selling Association (both in Washington) and the board of the non-profit National Executive Service Corporation;co-chairman of the Aspen Institute -DSG Group;and she serves on the President's Advisory Council of Carleton Universityin Ottawa,Canada. In January 1997,she was named one of the "Top 25 Managers of the Year"by Business Week magazine and was honored by Birmingham Southern Universitywith the Woman of Distinction Award.Ms.Gold is a graduate of Carleton University,Ottawa. Huntley W.Bakich,Senior Vice President,eBusiness -Huntley W.Bakich leads the strategic implementation of Excel's domestic and International eBusiness products and services,including Internet,intranet and extranet strategy,execution and operations.The eBusiness division creates and supports the online presence and eCommerce capabilities of Excel's vast network of Independent Sales Representatives.In addition to all Internet,extranet and corporate intranet products/services,Mr.Bakich is the principle executive responsible for building and enhancing the Design Marketing functions of the overall business.These functions include Excel's corporate brand strategy and marketing positioning across all of Excel's distribution channels. Previously,Mr.Bakich was a partner at USWeb/CKS where he was responsible for developing and operating an insurance and asset management division focusing on eCommerce business creation for the newly formed financial services practice division.Prior to USWeb/CKS,he served as Vice President,eCommerce for SunAmerica Financial where he was responsible for the online strategy and overall execution of its Internet functions for over 10,000 financial professionals. Before SunAmerica,Mr.Bakich is credited with the original creation,implementation and managing of Strong Capital Management's direct Internet sales channel.While at Strong Funds, he delivered one of the first Internet mutual fund transaction websites and eCare centers in the industry.Strong's website has since won over 20 design,customer and industryawards. Mr.Bakich received his bachelor's degree in government relations and computer applications from the Universityof Notre Dame. Mike Roudi,Senior Vice President -North American Product Marketing-Mike Roudi is Senior Vice President --North American Product Marketing.Previously,he held the position of Vice President ---US Product Marketing.Mr.Roudi is responsible for the development, management and marketing of Excel's long distance,"dial-around",wireless and paging product lines for the North American marketplace.Additionally,Mr.Roudi has responsibility for the sales and marketing business planning process for North America. Prior to joining Excel,Mr.Roudi spent 13 years at AT&T in product management,consumer marketing and marketing operations. Mr.Roudi was born and raised in New Jersey where he earned a bachelor's degree in marketing from Caldwell College. William G.Smit,Senior Vice President,Network and Director -Bill Smit is Senior Vice President,Network for Excel where he is responsible for Network Operations including the Network Monitoring and Reporting Centers and the Network Trouble Resolution Center.He is also responsible for Field Operations,which includes Switch Site Operations,Network Engineering,Switch Databases and the Corporate Voice functions. Previously,Mr.Smit managed the Field Operations organization for Telco Network Services, Inc,which was acquired by Excel in October 1997.Prior to joining Excel he held Network Operations and Engineering positions at IBM Global Network,Advantis,Sears Corporate Communications and AT&T. Laura Collins,Senior Vice President of US Sales and North American Representative Services -Laura Collins is Senior Vice President of US Sales and North American Representative Services.Previously,she held the position of Excel Vice President -Sales. Ms.Collins possesses more than 12 years of senior management experience,five of which have been spent in the network marketing industry.She brings experience from her previous posts as a Training Manager with J.Crew,Operations and Training Manager with Disney Direct Marketing Services and Regional Vice President Sales and Director of Customer and Consultant Services for Princess House.Ms.Collins is a native of Lynchburg,Virginia and attended Liberty Universitywhere she studied Communications. James R.McFelea,Senior Vice President,Customer Service -James R.McFelea is Senior Vice President,Customer Service at Excel.He is responsible for customer care and order fulfillment functions at the company. Prior to joining Excel,Mr.McFelea held a varietyof positions with AT&T in local services,long distance and operations,spanning a career of 30 years. Mr.McFelea received a B.S.in Business Administration from Indiana University. James Timmer,Chief Financial Officer -Jim Timmer joined Excel in July 2000 as Executive Vice President and Chief Financial Officer.Previously,he was Vice President Finance and Planning for GTE.Mr.Timmer holds a BA in Accounting from LORAS College and an MBA from Drake University. ChristopherP.Kelly,General Counsel -Since joining Excel in April 1996,Chris Kelly successfully managed the Company's litigation in a wide variety of fields.He also wrote the first associate handbook and current employment application,oversaw the filing of the Company's first patent application,and handled legal issues with key third party vendors. Mr.Kelly holds a B.S.in Physics from Manhattan College and a J.D.from the University of Virginia.He is a member of Phi Beta Kappa and has been admitted to practice law in New York and Texas.He is currently President of the Dallas-Ft.Worth ACCA (American Corporate Counsel Association),State Bar of Texas,Texas General Counsel Forum,AIPLA,and numerous other committees. Michael T.Boychuk,Executive Vice President and Chief Financial Officer -Mr.Boychuk joined the Company as Treasurer in November 2000.Mr.Boychuk has also been Corporate Treasurer of BCE and Bell Canada since November 1999.From September 1997 to November 1999,Mr.Boychuk was President and Chief Executive Officer of BCE Capital Inc.Prior to joiningBCE,Mr.Boychuk was Co-founder,Principal and Chief Operating Officer of Manitex Capital Inc. David G.Masse,Assistant Corporate Secretary -Mr.Masse joined the Company as Assistant Corporate Secretary in November 2000.He has also been Assistant Corporate Secretary of BCE and Bell Canada since June 1997.Prior to joiningBCE,Mr.Masse was a partner with the law firm of Chait Amyot.Mr.Masse earned his law degrees from McGill University and is a member of the Quebec Bar. *****kk With such vast technical experience contributed by the members of its management team, in addition to the outstandingteam of engineers and network specialists it employs,Excel has the adequate technical experience and managerial capability to develop and maintain a successful local exchange operation in this state. CEL TELECOMMUNICATIONS,INC. APPLICATION FOR LOCAL SERVICE AUTHORITY IDAHO EXHIBIT E EXHIBIT E CURRENTTELECOMMUNICATIONSAUTHORITY Excel Telecommunications,Inc. Current Authority (as of December 27,2001) Federal Section 214 authority:File No.ITC-93-145 Interexchange All fifty states Local Exchange Connecticut (Resale only)North Carolina (CLP) Florida (ALEC)North Dakota (Resale only) Illinois (Resale only)Ohio (Resale only) Indiana (Resale only)Oklahoma Kansas (Resale only)Oregon (Resale only) Kentucky(Resale only)Rhode Island (CSR) Louisiana South Dakota (Resale only) Maryland (Resale only)Tennessee (Resale only) Massachusetts Texas Michigan Utah (Resale only) Minnesota (Resale only)Vermont Mississippi (Resale only)Virginia (Resale only) Missouri Washington (Resale only) Montana (Resale only)West Virginia (Resale only) Nebraska (Resale only)Wisconsin (Resale only) Nevada(Basic)Wyoming (Resale only) Unless otherwise indicated (ie.,Resale only),Excel has full local exchange authority. JEL TELECOMMUNICATIONS,INC. APPLICATION FORLOCAL SERVICE AUTHORITY IDAHO EXHIBIT F EXHIBIT F PENDINGTELECOMMUNICATIONSAPPLICATIONS Excel Telecommunications,Inc. Pending Applications (as of December 27,2001) Excel has an application pending for resold local exchange authorityin Arizona.This application will be amended to include a request for facilities-based authority. Applications for resold and facilities-based authorityare currentlybeing prepared for filing in thefollowingstates: Alabama Idaho Alaska Iowa Arkansas Maine California New Hampshire Colorado New Jersey Delaware New Mexico District of Columbia New York Georgia Pennsylvania Hawaii South Carolina Applications to expand existing resold local exchange authorityto include facilities-based authorityare currentlybeing prepared for filing in the followingstates: Connecticut Ohio (tariff filing) Illinois Oregon Indiana Rhode Island (Class 1 CLEC upgrade) Kansas South Dakota Kentucky(tarifffiling)Tennessee Maryland Utah Minnesota Virginia Mississippi Washington (tariff filing) Montana West Virginia Nebraska Wisconsin North Dakota Wyoming CEL TELECOMMUNICATIONS,INC. APPLICATION FOR LOCAL SERVICE AUTHORITY IDAHO EXHIBIT G EXHIBIT G FINANCIAL STATEMENTS OF EXCEL COMMUNICATIONS,INC. ON BEIIALF OF ITS SUBSIDIARY EXCEL TELECOMMUNICATIONS,INC. Total Excel EX .Operating Income Statement TM For the Twelve For the Twelve For the Eleven Months Ended Months Ended Months Ended December 31,1999 December 31,2000 November 30,2001 (unaudited)(unaudited)(unaudited) ($in thousands) Communication Services $1,366,600 $863,395 $694,622 Intercompany Services 57,592 86,936 32,249 Marketing Services 60,758 40,106 27,753 Total Revenues 1,484,950 990,437 754,624 Communication Services COS 652,772 468,546 322,898 Intercompany COS 57,592 92,436 31,756 Marketing Services COS 17,613 20,896 20,096 Total Cost of Sales 727,977 581,878 374,750 Communication Margin 713,828 394,849 371,724 Intercompany Margin -(5,500)493 Marketing Margin 43,145 19,210 7,657 Total Margin 756,973 408,559 379,874 Selling 189,295 122,834 95,755 Other Marketing 43,669 13,439 7,474 Customer Support 212,586 160,469 130,914 Department G&A 184,128 166,869 123,287 EBITDA 127,295 (55,052)22,444 Depreciation/Amortization 67,795 98,115 78,288 Operating Income 59,500 (153,167)(55,844) NOTE:This financial statement may not include subsequent accountingentries and adjustments which have been made,pursuant to auditing reviews, in order to more accurately reflect attribution of income and expenses among the years shown,as well as cenain other post-audit adjustments which appropriately fall below the operating income line. CEL TELECOMMUNICATIONS,INC. APPLICATION FOR LOCAL SERVICE AUTHORITY IDAHO EXHIBIT H Exhibit H PROPOSED LOCAL EXCHANGE TARIFF EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGs ÆRVICES TARIFF OriginalSheet 1 ILLUSTRATIVE TARIFF Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applyingto the Local Exchange Services and Facilities of Excel Telecommunications,Inc. In the State of Idaho Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Exce!Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ,ERVICES TARIFF OriginalSheet 2 CHECK SHEET The Title Page and pages listed below of this tariff are effective as of the date shown.Revised sheets contain all changes from the original tariff that are in effect as of the date indicated. PAGE REVISION PAGE REVISION 1 ORIGINAL 31 ORIGINAL 2 ORIGINAL 32 ORIGINAL 3 ORIGINAL 33 ORIGINAL 4 ORIGINAL 34 ORIGINAL 5 ORIGINAL 35 ORIGINAL 6 ORIGINAL 36 ORIGINAL 7 ORIGINAL 37 ORIGINAL 8 ORIGINAL 38 ORIGINAL 9 ORIGINAL 39 ORIGINAL 10 ORIGINAL 40 ORIGINAL 11 ORIGINAL 41 ORIGINAL 12 ORIGINAL 42 ORIGINAL 13 ORIGINAL 43 ORIGINAL 14 ORIGINAL 44 ORIGINAL 15 ORIGINAL 45 ORIGINAL 16 ORIGINAL 46 ORIGINAL 17 ORIGINAL 47 ORIGINAL 18 ORIGINAL 48 ORIGINAL 19 ORIGINAL 49 ORIGINAL 20 ORIGINAL 50 ORIGINAL 21 ORIGINAL 51 ORIGINAL 22 ORIGINAL 52 ORIGINAL 23 ORIGINAL 53 ORIGINAL 24 ORIGINAL 54 ORIGINAL 25 ORIGINAL 55 ORIGINAL 26 ORIGINAL 56 ORIGINAL 27 ORIGINAL 28 ORIGINAL 29 ORIGINAL 30 ORIGINAL Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Exce!Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥'NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGk ,ERVICES TARIFF OriginalSheet 3 [RESERVED FOR FUTURE USE] Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOMYNNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG >ERVICES TARIFF OriginalSheet 4 TABLE OF CONTENTS Subject Matter Sheet Number Title Sheet 1 Check Sheets 2 Table of Contents 4 Application of Price List 6 Symbols 7 Contact Information 8 SECTION 1.0 -Definitions 9 SECTION 2.0 -Regulations 15 2.1 -Undertaking of the Company 15 2.2 Shortage of Equipment or Facilities 17 2.3 Selection of Transmission 17 2.4 Notification of Service-Affecting Activities 17 2.5 Provision of Equipment and Facilities 18 2.6 Terms and Conditions 18 2.7 Non-Routine Installation and Special Construction 19 2.8 Ownership of Facilities 20 2.9 Rights-of-Way 20 2.10 Liability 21 2.11 Indemnification 22 2.12 Conflicts Between Price List and Commission Rules 23 2.13 Allowances for Interruptions in Service 23 2.14 Obligations of the Customer 24 2.15 Prohibited Uses 25 2.16 Payments 26 2.17 Taxes,Charges and Fees 28 2.18 Deposits 29 2.19 Refusal or Ternination of Services 29 2.20 Restoration of Service 34 2.21 Assignment 34 2.22 Promotions 34 2.23 E-911 34 2.24 Public Notice 35 Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMENICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGx »ERVICES TARIFF OriginalSheet 5 TABLE OF CONTENTS (CONT'D) Subject Matter Sheet Number SECTION 3.0 -LOCAL EXCHANGE SERVICES 36 3.1 General 36 3.2 Service Descriptions 37 3.2.1 Residential Service 37 3.2.2 Custom Features 38 3.2.3 Other Charges 41 3.2.4 Number Services 43 3.2.5 Operator Services 46 3.2.6 Idaho Telephone Service Assistance Program 49 3.2.7 Universal Service Fund 53 SECTION 4.0 -RATES 54 4.1 Residential Service 54 4.2 Custom Features 54 4.3 Non-Recurring Charges 55 4.4 Number Services 55 4.7 Operator Services 56 Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOM¥'"NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGL ERVICES TARIFF OriginalSheet 6 APPLICATION OF PRICE LIST EXCEL TELECOMMUNICATIONS,INC.(hereinafter "The Company")has been authorized by the Idaho Public Utilities Commission (Idaho PUC)to provide competitive local exchange.This price list sets forth the service offerings,rates,terms and conditions applicableto the furnishingof local exchange services to residential and small business customers within those areas in the State of Idaho approved by the Commission for competitive provision of local exchange services.The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥'"NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ,ERVICES TARIFF OriginalSheet 7 EXPLANATION OF SYMBOLS,REFERENCE MARKS,AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The followingsymbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing,rule,or condition,which may affect rates or charges D Indicates discontinued material,includinga listing,rate,rule or condition I Indicates an increase M Indicates that the material has been relocated to another part of price list schedules with no change in text,rate,rule or condition N Indicates new material includinglisting,rate,rule or condition R Indicates a reduction S Indicates reissued matter T Indicates a change in wording of text,but not a change in rate,rule or condition. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥"NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGL ,ERVICES TARIFF OriginalSheet 8 CONTACT INFORMATION Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,TX 75231 Phone:214-863-8700 Fax:214-863-8721 Email:RegulatoryAffairs@excel.com Customer Contact: For establishment of service,complaints and inquires regarding service and billing,or reporting or inquiringabout network outages or service problems. Customer Service:1-800-875-9235 Maintenance:1-877-392-3566 Commission Contact: For complaints,inquiries and matters concerning rates and price lists. Matters concerning customer service: Joel Ballew,Director,Regulatory Affairs Phone:214-863-8707 Fax:214-863-8721 Email:RegulatoryAffairs@excel.com Matters concerning tariffs and regulatory affairs: Jerry G.Kirby,Sr.Tariff Manager TelephoneNumber:214-863-8720 Fax:214-863-8918 Email:RegulatoryAffairs excel.com Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Exce!Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥"NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ,ERVICES TARIFF Original Sheet 9 1.0 -DEFINITIONS The followingwords and terms when used in this price list shall have the meaning set out by this section. Access Lines:Telephone facilities which permit access to and from the Customer's premises and the telephoneexchange or serving central office. Advance payment:A payment required before the start of service.Advanced payment may consist of any required construction cost,all appropriate non-recurring charges,and an estimate of the first month's recurring charges.Advance Payments will be applied to the first bill rendered by Company followingimplementation of services. Agent:A business representative authorized by the Company to bring about,modify,affect, accept performance of,or terminate contractual obligations between the Company and its applicants or Customers. Ancillary Devices:All terminal equipment except telephone instruments,PBX-PABX systems, key systems and data services. Answering Equipment:Equipment that will automatically answer incoming calls and make an announcement.It may also be equipped to record messages. Applicant:A person who applies for telecommunications service.Includes persons seeking reconnection of service after Company-initiated termination. Application:A request made in writing for telephone service. Authorized User:A person,firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMV"NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGL -ERVICES TARIFF Original Sheet 10 1.0-DEFINITIONS -(Cont'd) Automatic Number Identification (ANI):The automatic transmission of a calling party's billing account telephonenumber to a local exchange Company,interexchangecarrier or a third party subscriber.The primary purpose of ANI is for billingof toll calls. Basic Rate Area:A specific geographic area,within which the schedule rates for local exchange service apply without exchange line mileage and without rates in lieu of mileage. Business Service:Telecommunications service furnished to customers where the primary or obvious use is of a business,professional or occupational nature. Central Office:Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephonecalls. Company:Excel Telecommunications,Inc. Customer or Subscriber:the person,firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company's regulations related to that service. Customer Trouble Report:Any oral or written report from a customer or user of telecommunications service received by the Company relating to a physical defect or to difficulty or dissatisfaction with the service provided by the Company's facilities. Demarcation Point:The point of interconnection between Company communications facilities and the terminal equipment,protective apparatus or wiring at a subscriber's premises.The Demarcation Point is located on the customer's side of the Company's protector or equivalent, where a protector is not used,and consists of a modular jack or equivalent. Direct Connection:Connection of terminal equipment to the Company's exchange facilities by means other than acoustic and/or inductive coupling. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Exce!Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMPUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGs >ERVICES TARIFF OriginalSheet 11 1.0-DEFINITIONS -(Cont'd) Disconnect Notice:The written notice sent to a customer following billing,notifying the customer that service will be disconnected if charges are not satisfied by the date specified on the notice. Disconnection of Service:An arrangement made at the request of the customer or initiated by the Company for violation of tariff regulations by the customer,for a permanent interruption of telephone service.A "final"bill would be rendered showing moneys owed to the Company as of the date the service was disconnected. Entrance Facilities:Facilities extending from the point entrance on private property to the premises on which service is furnished. Exchange Service Area:The area within which the Company furnishes complete local telephone service at the applicable exchange rates for that area. Facilities:All the plant and equipment of the Company and all instrumentalities owned, licensed,used,controlled,furnished,or supplied for or by the Company,including any construction work in progress allowed by the Commission. Harm:Electrical hazards to Company personnel,damage to Company equipment,malfunctions of Company billing equipment,and degradation of service to persons other than the user as well as the calling or called party. ILEC:Incumbent Local Exchange Carrier. Initial NonrecurringCharge:A nonrecurring charge made for the furnishing of telephone services,which may apply in addition to service connection charges. Initial Service Period:The minimum period of time for which service is provided. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMP'UNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG.JERVICES TARIFF OriginalSheet 12 1.0-DEFINITIONS -(Cont'd) Installation Charge:A nonrecurring charge associated with optional service features and may sometimes be called an "initial"charge,and may apply in addition to Service Connection Charges. InterceptService:A service arrangement provided by the Company whereby calls placed to a disconnected or discontinued telephone number are intercepted and the calling party is informed by an operator or by a recording that the called telephone number has been disconnected, discontinued,changed to another number,or that calls are receivedby another telephone. Interface:The junction or point of interconnection between two systems or pieces of equipment having different characteristics which may differ with respect to voltage,frequency,speed of operation,type of signal and/or type of information coding including the connection of other than Company-provided facilities to exchange facilities provided by the Company.Or,the point of interconnection between Company equipment and communications facilities on the premises of the Customer.Also referred to as Demarcation Point. Interface Equipment:Equipment provided by the Company at the interface location to accomplish the direct connection of facilities provided by the Company with facilities provided by other than the Company. IntraLATA:Long Distance Message Telecommunications Service where service point locations are within the same Local Access and Transport Area (LATA). Local Access and TransportArea (LATA):Denotes a geographic area established for the administration of telecommunications service.It encompasses designated local operating telephone company exchanges which are grouped to serve common,social,economic and miscellaneous purposes. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG JERVICES TARIFF OriginalSheet 13 1.0-DEFINITIONS -(Cont'd) Local Exchange Service:Provides for telephone communication within local service area in accordance with the provisions of this Tariff,includingthe use of exchange facilities required to establish connection between exchange access lines. Local Service Charge:The charge for furnishing facilities to enable a customer to send or receive telecommunications within the local service area.This local service calling area may include one or more exchange areas. Maintenance Service Charge:A charge made by the Company when a service difficulty or trouble report results from customer-provided equipment or facilities. Message:A communication between two exchange access lines.Messages may be classified as local or toll. Mileage:The measurement (airline,route,etc.,)upon which a charge for the use of part or all of a circuit furnished by the Company is based. Minimum Contract Period:The minimum length of time for which a customer is obligated to pay for service,facilities and equipment,whether or not retained by the customer for such minimum length of time. Nonlisted Service:A directory listing service wherein a Customer is not listed in the published directory,but is listed in the directory assistance database. Nonpublished Service:A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Nonrecurring Charge:A one-time charge associated with certain installations,changes or transfers of services,either in lieu of or in addition to recurring monthlycharges. Recurring Charges:The charges to a Customer for services,facilities and equipment,which recur monthlyfor the agreed upon duration of the service. Premise(s):Building or buildings on contiguous property (except railroad rights-of-way,etc.) not separated by a public highway. Presubscription:The process by which end user customers may select and designate to the Telephone Company an Interexchange Carrier (IC)to access,without an access code,for interLATA/interstate or interLATA/intrastate calls.This IC is referred to as the end user's predesignated IC. Published Telephone Number:A number which appears in the current telephonedirectory,or is scheduled to appear in a forthcoming telephone directory,and which also appears in the information records for general public information. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG 3ERVICES TARIFF Original Sheet 14 1.0-DEFINITIONS -(Cont'd) Residential Service:Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Call:A visit to a customer's premises in connection with a service difficulty Service Commencement Date:The first day followingthe date on which the Company notifies the Customer that the requested service or facility is available for use,unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list,in which case the Service Commencement Date is the date on which the Customer accepts service.The Company and the Customer may agree on a substitute Service Commencement Date. Service Order:The written order for Services executed by the Customer and the Company in the format devised by the Company.The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list;except that the duration of the service is calculated from the Service Commencement Date. Shared:A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service:Telephoneservice provided to businesses with five (5)or fewer lines. TemporaryService:The provision of service definitelyknown to be required for a short period of time (generally less then twelve consecutive months)such as service furnished to building contractors,service to a convention,and service for seasonal business includingresorts. Termination Agreement:An agreement between the Company and the customer to provide or furnish certain lines or equipment representing a comparatively high investment or in lieu of a contribution to construction for temporary service whereby the customer agrees to compensate the Company in case the service is discontinuedprior to the date specified in the agreement. Trunk:A telephone communication path connecting a central office and customer premises equipment,used in the establishment of end-to-end service. Unbundled Network Element:Physical and functional elements of the network that can be combined into a complete set in order to provide end-to-end circuits. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG JERVICES TARIFF OriginalSheet 15 2.0 REGULATIONS 2.1 Undertakingof the Company 2.1.1 Scope 2.1.1.1 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2.1.1.2 The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company's services. However,the Customer remains liable for all obligations under this price list even if such sharing or resale arrangements exist regardless of the Company's knowledge of these arrangements.If service is jointly ordered by more than one Customer,each is jointly and severally liable for all obligations. 2.1.1.3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals,authorizations,licenses,consents and permits. 2.1.1.4 Company services may be connected to the services or facilities of other communications carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carriers. 2.1.1.5 The services of the Company are furnished for the transmission of voice communications but may also be used for data,facsimile,signaling, metering,or other similar communications,subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-fourhours a day,seven days a week. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG >ERVICES TARIFF OriginalSheet 16 2.0 REGULATIONS (Cont'd) 2.1 Undertakingof the Company (Cont'd) 2.1.2 Local Calling Scopes and Availability The Company concurs with the Incumbent Local Exchange Carrier(s)tariff for the provision of local exchange service in the State of Idaho.Exchange Areas for all Customers whose premises are located in the ILEC's territory will be the same as the ILEC's service areas except where noted by service or rate element. 2.1.3 Maps The Company concurs with the Incumbent Local Exchange Carrier(s)local exchange maps reflecting base rate areas,exchange area,and zone area boundaries which are part of their local exchange tariff(s). Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANC SERVICES TARIFF OriginalSheet 17 2.0 REGULATIONS (Cont'd) 2.2 Shortage of Equipmentor Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service.Services will be provided using resale of total local service or underlying network elements are available,or a combination thereof. The Company's obligation to furnish service,features and/or facilities is also dependent upon its ability to provide,secure and retain,without unreasonable expense to the Company (a)suitable facilities and rights for the construction and maintenance of the necessary circuits and equipment,(b)suitable space for its plant and facilities in the building where service is or is to be provided,(c)facilities for interconnection from alternate suppliers. 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlyingnetwork facilities used to provide service.The Company may modify or change the channels,service components and underlyingCompany facilities or the underlyingcarrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 2.4 Notification of Service-AffectingActivities The Company will provide the Customer with reasonable notification of service- affecting activities that may occur during the normal operation of its business. Such activities may include,but are not limited to,equipment or facilities additions,removals or rearrangements and routine preventive maintenance. Generally,such activities are not specific to an individual Customer but affect many Customers'services.No specific advance notification period is applicable to all service-affecting activities.The Company will work cooperatively with the Customer to determine reasonable notification requirements.Notification to the Customer may not be possible with some emergency or unplanned service- affecting conditions,such as an outage resulting from cable damage. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG JERVICES TARIFF OriginalSheet 18 2.0 REGULATIONS (Cont'd) 2.5 Provision of Equipmentand Facilities 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or before a particular date,subject to the provisions of and compliance by the Customer with the regulations contained in this price list. 2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer.The Customer shall not,and the Customer shall not permit others to,rearrange,disconnect,remove,attempt to repair or otherwise interfere with any of the facilities installed by the Company,except upon the written consent of the Company. 2.6 Terms and Conditions 2.6.1 Service is provided on a minimum term basis of at least one month,using 24-hours per day for each day of the month.For purposes of this price list,a month is considered to have thirty days.All calculations of dates set forth in this price list shall be based on calendar days,unless otherwise specified herein. 2.6.2 This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMTINICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG.ÆRVICES TARIFF Original Sheet 19 2.0 REGULATIONS (Cont'd) 2.7 Non-routine Installation and Special Construction 2.7.1 Non-RoutineInstallation At the Customer's request,installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations.In such cases,charges based on cost of the actual labor,material,or other costs incurred by or charged to the Company will apply. 2.7.2 Special Construction Subject to the agreement of the Company,special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer.Special construction may include that construction undertaken: (a)where facilities are not presently available; (b)of a type other than that which the Company would normallyutilize in the furnishingof its service; (c)over a route other than that which the Company would normally utilize in the furnishingof its services; (d)in a quantitygreater than that which the Company would normally utilize in the furnishingof its services; (e)on an expeditedbasis; (f)on a temporary basis until permanent facilities are available; (g)involvingabnormal costs;or (h)in advance of normal construction. Special construction will be undertakenat the discretion of the Company consistent with budgetaryresponsibilities and consideration for the effect on Company's other Customers and contractual responsibilities. 2.7.3 If required by the Company,the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer's initial bill.The Company may require such an advance payment,in addition to a deposit,when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG JERVICES TARIFF OriginalSheet 20 2.0 REGULATIONS (Cont'd) 2.8 Ownership of Facilities Title to all facilities and equipment,and relatedplans and proposals,provided by the Company in furnishingservice remains with the Company,its agents or contractors.Such facilities and equipment,plans and proposals shall be returned to the Companyby the Customer whenever requested,within a reasonable period followingthe request and in as good condition as reasonable wear will permit. 2.9 Rights-of-Way Provisioning of the Company's services is subject to and contingent upon the Company's ability to obtain and maintain rights-of-wayand access to public and private property necessary for installation of the facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG JERVICES TARIFF Original Sheet 21 2.0 REGULATIONS (Cont'd) 2.10 Liability 2.10.1 ExculpatoryClause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW.ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIALDAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. 2.10.2 Liabilityof the Company The Company's liability,if any,for its gross negligence or willful misconduct is not limited by this tariff.With respect to any other claim or suit,by a customer or any others,for damages arising out of mistakes,omissions,interruptions,delays or errors,or defects in transmission occurring during provision of telephone service,the Company's liability,if any,shall not exceed an amount equivalentto the proportionate charge to the customer for the period of service during which such mistake,omission,interruption,delay,error,or defect in transmission or service occurs and continues.This liabilityshall be in addition to any amounts that may otherwise be due to the customer under this tariff as an allowance for interruptions.However,any such mistakes,omissions,interruptions,delays, errors,or defects in transmission or service which are caused or contributed to by the negligence or willful act of the customer or authorizeduser,or joint user,or which arise from the use of customer-provided premises equipment shall not result in the imposition of any liabilitywhatsoever upon the Company. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT,CONSEQUENTIALOR INCIDENTAL DAMAGES,INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST SAVINGS,ARISING OUT OF,RESULTING FROM,OR IN ANY WAY RELATED TO,THE SERVICES AND FACILITIES FURNISHED BY THE COMPANY,EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 22 2.0 REGULATIONS (Cont'd) 2.10 Liability (Cont'd) 2.10.2 Liabilityof the Company (Cont'd) NEITHER EXCEL NOR ITS SUBCONTRACTORS SHALL BE LIABLE FOR INDIRECT,CONSEQUENTIAL,EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT OR OTHERWISE,AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.This limitation does not apply to any damages for bodily injury (includingdeath)and,if work has not been performed in a workmanlike manner,damage to real property and tangible personal property. 2.11 Indemnification -The Company's liability,if any,for its gross negligence or willful misconduct is not limited by this Tariff.With respect to any other claim or suit, by a customer or by any others,the customer indemnifies and holds harmless the Company against claims,losses or suits for injury to or death of any person,or damage to any property which arises from: a.the use,placement or presence of the Company's facilities on the customer's premises;or b.the use of customer-provided premises equipment,voltages or currents transmitted over the Company's facilities caused by customer-provided premises equipment. Further,the customer indemnifies and holds harmless the Company against claims for libel,slander,or the infringement of copyright arising directly or indirectly from the material transmitted over the Company's facilities or the use thereof by the customer; against claims for infringement of patents arising from,combining with,or using in connection with,facilities furnished by the Company and apparatus,equipment,and systems provided by the customer;and against all other claims arising out of any act or omission of the customer in connection with the services or facilities provided by the Company. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 23 2.0 REGULATIONS (Cont'd) 2.12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected by Commission rules,Commission rules supersede any conflictingtariff or price list provisions that deny or restrict any of those rights,unless otherwise ordered by the Commission,court order,or statute. 2.13 Allowances for Interruptionsin Service A credit allowance will be given for interruptions of service,subject to the provisions of this section. 2.13.1 Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs.An interruptionin service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk,static or other transmission problem.An interruption period begins when the Customer reports a circuit,service or facility to be interrupted and releases it for testing. 2.13.1.1 The Company must restore service:within sixteen (16)hours after the report of the outage if the customer notifies the telephonecompany that the service outage creates an emergency;or 2.13.1.2 within 24 hours after the report of the outage if no emergency exists. 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m.on the followingSunday must be restored within forty-eight(48)hours or by 6:00 p.m. on the followingMonday,whichever is sooner. 2.13.1.4 If the Company does not restore service within the times required by this paragraph,the Company will credit the customer's account for an amount equal to the monthlyrate for one (1)month of basic local exchange service. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGi ERVICES TARIFF OriginalSheet 24 2.0 REGULATIONS (Cont'd) 2.13 Allowances for Interruptionsin Service (Cont'd) 2.13.2 Limitations on Allowances No credit allowance will be made for: 2.13.2.1 interruptions due to the negligence of the Customer,or noncompliance with,or acts of omission regarding the provisions of this price list by the Customer,authorized user or joint user; 2.13.2.2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 2.13.2.3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 2.13.2.4 interruptionof service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 2.14 Obligationsof the Customer 2.14.1 The Customer shall provide at no charge,as specified by the Company, any personnel,equipment,space,power,heating and air conditioning needed to operate,and maintain a proper operating environment for the Company's facilities and equipment installed on the Customer's premises. 2.14.2 Upon suitable notification to the Customer,and at a reasonable time,the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation,operation,and maintenance of Customer-provided facilities, equipment,and wiring in the connection of Customer-provided facilities and equipmentto Company-owned facilities and equipment. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMlWINICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGk ERVICES TARIFF OriginalSheet 25 2.0 REGULATIONS (Cont'd) 2.14 Obligationsof the Customer (Cont'd) 2.14.3 If the protective requirements for Customer-provided equipment are not being complied with,the Company may take such action as it deems necessary to protect its facilities,equipment,and personnel.The Company will notify the Customer promptlyif 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,includingthe suspension of service,to protect its facilities,equipment and personnel from harm. 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company's facilities or equipment installed at the Customer's premises for any purpose other than that for which the Company provides it,without the prior written consent of the Company. 2.15.1 Abuse The abuse of Company Services is prohibited.Abuse includes,but is not limited to,the followingactivities: (a)Using service to make calls that might reasonablybe expected to frighten, torment,or harass another. (b)Using service in such a way that it interferes unreasonablywith the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list.Fraudulent use consists of using or attempting to use service with the intent to avoid the payment,either in whole or in part,of the price listed charges for the service includingbut not limited to: (a)rearranging,tampering with,or making connections not authorized by this price list to any network components used to furnish service;or (b)using fraudulent means or devices,tricks,schemes,false or invalid numbers, false credit devices,or electronic devices. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGi ,ERVICES TARIFF OriginalSheet 26 2.0 REGULATIONS (Cont'd) 2.16 Payments 2.16.1 Customer Obligations 2.16.1.1 The Customer shall pay outstanding charges in full within 15 days after the invoice date.Charges normallywill be invoiced in advance, with monthlyrecurring charges invoiced on or about the first of the month for which the charges apply.Amounts not paid within fifteen days after the date of the invoice are considered delinquent. 2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer,except in those instances where it has been determined that the Customer's present and former employees,agents and authorized users were not responsible for calls billed to the Customer via third party billingand the Company did not verify that the charges for the call would be accepted.The Customer is not responsible for unauthorized use of service to the extent such use is proximatelycaused by the Company's willful or negligent act. 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputedportion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30)days of receipt of the bill.If such notice is not received by the Company within thirty (30)days as indicated above,the Company shall consider the bill statement to be due and payable in full by the Customer.Payment of the amount due by the Customer does not constitute a waiver of the Customer's rights under the provisions of IDAPA 31.41.01.204to challenge any billingamount due or paid to the Company. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 27 2.0 REGULATIONS (Cont'd) 2.16 Payments (Cont'd) 2.16.2 Disputed Bills (Cont'd) 2.16.2.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction,the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules.The address and telephonenumbers for the Idaho PUC are: Idaho Public Utilities Commission P.O.Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 1-800-432-0369(from outside the local calling area) 2.16.3 Payment Arrangements 2.16.3.1 When a Customer cannot pay a bill in full,the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately,and the manner in which the balance of the outstanding bill will be paid. 2.16.3.2 In deciding on the reasonableness of a particular agreement,the Company will take into account the Customer's ability to pay,the size of the unpaid balance,the Customer's payment history and length of service, and the amount of time and reasons why the debt is outstanding. 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer.A Customer may designate how a payment insufficient to pay the total balance due shall be applied.If applicable,and in the absence of instructions from the Customer,a partial payment shall be allocated first to local exchange services.[See IDAPA.31.41.01 Rule 306.06.]Such payments shall be applied first to the oldest undisputedbalances. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥¤NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGs ÆRVICES TARIFF OriginalSheet 28 2.0 REGULATIONS (Cont'd) 2.16 Payments (Cont'd) 2.16.3 Payment Arrangements (Cont'd) 2.16.3.4 If a Customer fails to make the payment agreed upon by the date that it is due,the Company may,but is not obligated to,enter into a second payment arrangement. 2.16.3.5 A Customer's failure to pay for undisputedMTS charges billed by the Company may result in loss of 0+,0-and 1+dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges,if any. 2.16.3.6 Customer failure to pay undisputed charges for other services may result in discontinuanceof those services. 2.17 Taxes,Charges,Fees In addition to the rates and charges described in this price list,the Customer may be responsible for payment of taxes,charges or fees ordered by the Idaho PUC,the Idaho State Legislature,or local and countygovernments.When the Company is authorized to collect such taxes,charges or fees from the Customer,these taxes,charges and fees will be itemized separately on the Customer's bill. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGk ,ERVICES TARIFF OriginalSheet 29 2.0 REGULATIONS (Cont'd) 2.18 Deposits 2.18.1 If the Company can prove that the Customer is likelyto be a credit risk or to damage property of the Company,the Customer shall make a deposit before a service is furnished or continued.IDAPA 31.41.01,RULE 101.Such deposit shall be held as a guarantee for the payment of charges.The Companymay require such a deposit if the Company considers this action necessary to safeguard its interests.The deposit shall not exceed two (2)months'charges for local exchange service. 2.18.1.1 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC under the provisions of IDAPA 31.41.01.106. 2.18.1.2 When a service is discontinued the amount of any deposit held by the Company,plus accrued interest,will be applied to the Customer's account and any credit balance remaining will be refunded. 2.18.1.3 Customer's deposit will be returned,with accrued interest,when the customer has maintained good credit by making payments for all undisputed amounts due the Companybefore temporary or permanent disconnection for twelve (12)months.Any deposit,plus accrued interest, may be applied to the Customer's telephone account followingcompletion of twelve months'satisfactory payment. 2.19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant,the Company will provide the applicant with a written explanation of its refusal to serve.The written explanation shall include: a)the reasons for denial of the service; b)actions the applicant may take in order to receive the denied service;and c)a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥*NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ,ERVICES TARIFF OriginalSheet 30 2.0 REGULATIONS (Cont'd) 2.19 Refusal or Termination of Services (Cont'd) 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the followingconditions exist: 2.19.1.1 the applicant has an outstanding amount due to the Company for similar utility services and the applicant is unwillingto make acceptable arrangements with the Company for payment; 2.19.1.2 a condition exists that,in the Company's judgment,is unsafe or hazardous to the applicant,the general population,or the Company's personnel,agents or facilities; 2.19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet the credit criteria for waiver of deposit requirements; 2.19.1.4 the applicant is known to be in violation of the Company's price lists filed with the Commission; 2.19.1.5 the applicant fails to furnish such funds,suitable facilities,and/or rights-of-waywhich have been specified by the Company as necessary to and a condition for providing service to the applicant;or 2.19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOM¥'NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGk ,ERVICES TARIFF Original Sheet 31 2.0 REGULATIONS (Cont'd) 2.19 Refusal or Termination of Services (Cont'd) 2.19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules,the Company may,upon reasonable written notice to the Customer,discontinue services for any of the followingreasons: 2.19.2.1 for nonpaymentof any undisputed amounts owing to the Company; 2.19.2.2 for services provided to premises that have been vacated by the Customer; 2.19.2.3 for tampering with the Company's property; 2.19.2.4 for violation of rules,service agreements,or filed price lists; 2.19.2.5 for use of Customer equipment which adversely affects the Company's property,facilities,or service to its other Customers,or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer,or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair;or 2.19.2.6 for fraudulent obtaining or use of service,including,but not limited to: (a)providing false information to carrier the Company regarding the Customer's identity,address,creditworthiness,or current or planned use of common communications; (b)using or attempting to use service by rearranging,tampering with,or making connection to the Company's service where not authorizedby this price list; (c)using tricks,schemes,false or invalid numbers,false credit devices,electronic devices;or (d)any other fraudulent means or device. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMM'NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 32 2.0 REGULATIONS (Cont'd) 2.19 Refusal or Termination of Services (Cont'd) 2.19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishingof any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer's permission for one or more of the followingreasons: 2.19.3.1 Dangerous Condition.A condition immediately dangerous or hazardous to the life,physical safety,or property exists,or it is necessary to prevent a violation of federal,state or local safety or health codes. 2.19.3.2 Ordered to Terminate Service.The Company is ordered to terminate service by any court,the Idaho PUC,or any other duly authorized public authority. 2.19.3.3 Services Obtained Illegally.The services(s)was (were)obtained, diverted or used without the authorization or knowledge of the Company. 2.19.3.4 Customer Unable to be Contacted.The Company has tried diligently to provide reasonable notice to the Customer,but has been unsuccessful in its attempt to contact the Customer. 2.19.3.5 Misrepresentationof Identity.The Customer has misrepresented the Customer's identity for purposes of obtaining telephoneservice and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any governmentalprohibition,or required alteration of the services provided,or any violation of any applicable law or regulation,or unlawful use of service or use of service for unlawful purposes,the Company may immediately discontinue or suspend service. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGI LRVICES TARIFF OriginalSheet 33 2.0 REGULATIONS Cont'd) 2.19 Refusal or Termination of Services (Cont'd) 2.19.4 Notice of Disconnection 2.19.4.1 Seven-Day Notice.Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305,the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date of termination.The written notice will contain the information required by IDAPA 31.41.01.306. 2.19.4.2 Twenty-Four-HourNotice.At least twenty-four(24)hours before actual termination,the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination.Oral Notice will contain the same information as required by IDAPA 31.41.01.306. 2.19.4.3 Additional Notice.If the Company does not terminate service within seven (7)days after a proposed termination date,and the matter is not the subject of a pending complaint before the Idaho PUC,or if other arrangements have not been made with the Customer,the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action.If the Company has not terminated service within twenty-eight(28)days of mailing a written notice of termination,but still intends to terminate,the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list,related to Seven-DayNotice. 2.19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason,the Customer agrees to pay to the Company all costs,fees,and expenses reasonablyincurred in connection with special construction and with the term of service.In addition,the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGI ERVICES TARIFF OriginalSheet 34 2.0 REGULATIONS (Cont'd) 2.20 Restoration of Service 2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer request that service be restored during a period other than regular workinghours,such as evenings or weekends,the Customer may be required to pay an after-hour charge for service reconnection. 2.21 Assignment The Company may,without obtaining any further consent from the Customer,assign any of its rights,privileges or obligations under this price list to any subsidiary,parent,or affiliate of the Company;pursuant to any sale or transfer of substantially all the business of the Company;or pursuant to any financing,merger or reorganization of the Company. The Customer may,upon prior written consent of the Company,which consent shall not be unreasonablywithheld,assign its rights,privileges or obligations under this price list to any subsidiary,parent,or affiliate of the Customer;pursuant to any sale or transfer of substantially all the business of the Customer;or pursuant to any financing,merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings from time to time.The Company will notify the Idaho PUC ten (10)days in advance of the rates,terms & conditions of any such promotions. 2.23 E911 The Companywill provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls.The Company's switches will be equippedwith E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 35 2.0 REGULATIONS (Cont'd) 2.24 Public Notice The Company shall give public notice of all proposed changes in rates.Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates.Legal advertisements alone will not be considered adequate public notice.Individual notice to all Customers affected will always constitute public notice Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG ERVICES TARIFF OriginalSheet 36 3.0 LOCAL EXCHANGE SERVICES 3.1 General Local Exchange Service provides the Customer with connection to the public switched telecommunications network.In addition,Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network.Each Local Exchange Service enables the Customer to: (a)receive calls from other stations on the public switched telecommunications network; (b)access other services offered by the Company as set forth in this price list; (c)access certain interstate and international calling services provided by the Company; (d)access the Company's operators and business offices for service related assistance; (e)access emergency services by dialing 0-or 9-1-1;and (f)access services provided by other common carriers which purchase the Company's Switched Access Services as provided under the Company's Federal and State price lists or price list,or which maintain other types of traffic exchange arrangements with the Company. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGI ERVICES TARIFF Original Sheet 37 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions 3.2.1 Residential Service Customers subscribing to the Company's Local Service must purchase a local package consisting of an access line (dial tone),Touch Tone and a pre-determined number of Custom Features.Customers who order an additional line(s),are exceptions to the local package purchase requirement.EXCEL Local Service offers are furnished as follows: a.Excel Complete Communications Package:Single line service with Touch Tone,with the followingautomatic features included:Call Waiting,Call Return,Caller ID,Auto Redial,Call Blocking,Three- Way Calling,Distinctive Ring,Speed Dialing,Anonymous Call Rejection (ACR)or Call Forwarding. 3.2.1.1 Touch Tone Calling Service a.Touch Tone calling service provides for the origination of calls by means of instruments equipped for tone-type address signaling and special central office facilities.The service is furnished subject to the availability of central office facilities. b.All dial-type lines that terminate in an instrument equipped for tone-type address signaling shall be equipped for Touch Tone calling service except for dial-type lines served from a central office where the special facilities for Touch Tone calling service are not available. c.Other facilities,miscellaneous and supplemental equipment, requested by Customers and not detrimental to this service or other services of the Company will be furnished under the regulations and at the rates specified in the applicable sections of this tariff. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF Original Sheet 38 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.2 Custom Features The features in this section are made available on an individual basis or as a part of feature packages.Custom features are offered on a monthlybasis where facilities are available. a.Anonymous Call Rejection (ACR)-Allows customers to automatically reject all calls that have been marked anonymous, unavailable,or private by the calling party.When ACR is active,the called party receives no alerting (ringing)for a call that has been rejected.The call is routed to a denial announcement and subsequently terminated. b.Auto Redial (Repeat Dialing)-This feature automatically redials the last outgoing number dialed by the Customer.Activation and deactivation of this feature is completed by the Customer.Repeat Dialing will attempt to call the number for a maximum of thirty (30) minutes after the feature is activated.Once the call is established,the Customer will hear a special ring when the call can be completed. NOTE:Some telephones are only capable of providing a standard ring.Customers must contact the manufacturer or distributor of their telephone set if they have any questions. Repeat Dialing (usage sensitive)is available on a pay-per-use basis And the functionality is the same as Repeat Dialing.Repeat Dialing (usage sensitive)will be provisioned with local service unless customer requests the feature to be blocked or it is included in a package. c.Call Blocking -Full Restriction -Call Blocking -Full Restriction is a central office service that restricts long distance calling.Restricted calls are directed to a central office announcement.Call Blocking - Full Restriction is activated when a one or a zero precedes a dialed number.However,calls to 800 type services are not restricted,and where facilities permit,one plus calls to Company business offices and repair service are not restricted.All calls to operator services are disallowed for residence Customers. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMlWUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGI ERVICES TARIFF OriginalSheet 39 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.2 Custom Features (cont'd) d.Call Forwarding -Permits a customer to transfer all incoming calls to another dialable telephone number.The customer pre-selects a second telephone number to which all incoming calls are to be transferred automatically.Calls may be transferred to a long distance message telecommunications point subject to the availability of the necessary facilities in the central office from which the calls are to be transferred. Call Forwarding shall not be used to extend calls on a planned and continuing basis to intentionally avoid the payment in whole or in part,of message toll charges that would regularly be applicable between the access line originating the call and the access line to which the call is transferred.Customers utilizing Call Forwarding service are responsible for the payment of charges for each toll call between his access line and the distant access line to which the call was transferred. e.Call Return -This feature allows the Customer to automatically return the most recent incoming call,even if it is not answered.If the telephone number is busy,Call Return will attempt to call the number for a maximum of thirty (30)minutes after the feature is activated.Once the call is established,the Customer will hear a special ring when the call can be completed.This is accomplished by the Customer activating a code.NOTE:Some telephones are only capable of providing a standard ring.Customers must contact the manufacturer or distributor of their telephone set if they have any questions. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMlWUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 40 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.2 Custom Features (cont'd) f.Call Waiting -This feature provides a tone signal that alerts the Customer talking on the line when a second call is incoming.A maximum of two calls may be in process at one time.A Customer who subscribes to Call Waiting can also inhibit the reception of the Call Waiting tone for the duration of a single call,preventing interruption of the call by activating the code (*70)to cancel Call Waiting.This functionality is automatically included with the Call Waiting feature at no additional cost to the Customer. g.Speed Dialing 8 -This feature allows the Customer to reach a list of frequently called numbers by dialing an abbreviated code.The Customer may call up to eight pre-selected numbers by dialing one- digit codes.Programming of these numbers is completed by the Customer. h.Three-Way Calling -Enables a customer to add a third party on an existing call without operator assistance,thereby establishing a three- way conversation.The transmission quality may vary depending on the distance and routing necessary and may not necessarily meet normal standards. j.Caller ID with Name and Number -Allows the Customer to identify most callers by letting him/her see the names and phone numbers on special display equipment.The customer must purchase the equipment separately and it is not available under this tariff k.Distinctive Rine Service -This feature permits the Customer to pre- select telephone numbers that can be given a distinctive alerting signal,ring or Call Waiting tone (if the Customer also subscribes to Call Waiting).The Customer can create or change a list of telephone numbers by dialing an activation code.NOTE:Some telephones are only capable of providing a standard ring.Customers must contact the manufacturer or distributor of their telephone set if they have any questions. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG ,ERVICES TARIFF OriginalSheet 41 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.3 Other Charges 3.2.3.1 Service Connection Charges These charges are nonrecurring and apply to various Customer requests for connecting,moving or changing service.They are in addition to any other scheduled rates and charges that would normallyapply under this tariff.The charges in this section for the connection,move,or change of service contemplate work being performed by Company employees involved at a time when overtime wages do not apply.No distinction is made between a "New Installation and Connection"and an "Outside Move".All changes in location of Customer's equipment or service from one premises to another,are treated as new service connections with service charges applying. a.Local Service Charge This charge is for receiving,recording and processing information necessary to execute a Customer's request for service.One Local Service Charge,per line,is applicable for all changes and/or additions ordered and provided at the same time for the same Customer.Charges are applicable to,but not limited to,the following: -Transfer a Customer from one carrier to another for local exchange service. b.Long Distance PIC Charge To transfer a Customer from one carrier to another for long distance service,a Long Distance PIC Charge applies as specified in this tariff.This charge will not be applied when the customer initiates local service with the Company. c.IntraLATA PIC Charge To transfer a Customer from one carrier to another for IntraLATA service,a IntraLATA PIC Charge applies as specified in this tariff.This charge will not be applied when the customer initiates local service with the Company. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 42 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.3 Other Charges (cont'd) 3.2.3.1.Service Connection Charges (cont'd) d.Service Activation Charge To initiate service if no facilities construction is required. e.Special Construction To perform any customer required special construction or change of existing telephone equipment at the customer premises. 3.2.3.2.Miscellaneous Charges a.Feature Service Charge When a Customer adds,deletes,or changes a feature or changes features within a local package,the Company cannot apply more than one Feature Service Charge per order per line. b.Record Order Charge One Record Order Charge,per line,is applicable for all changes and/or additions ordered and provided at the same time for the same Customer.When multiple Record Orders are required for Company reasons,only one Record Order Charge applies.Charges are applicable to,but not limited to, the following: -Change of a directory listing name or address -Change of a telephone number except in the case of harassing calls -Changes of billingaddress Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANG ERVICES TARIFF OriginalSheet 43 SECTION 3.0 -LOCAL EXCHANGE SERVICES -(Continued) 3.2 Service Descriptions (cont'd) 3.2.4 Number Services Customers shall provide the Company with information for all listings.The Company will include the Standard listing in the White Pages (Alphabetical Section)of the telephone directory and will offer one additional listing to the Customer.The Customer must identify its non-published and non-listed telephone numbers for directory purposes. BNA (bill name and address)information associated with listed/published telephone numbers will be provided for calling card calls and collect and third party billed calls.The Company's BNA service is not available with respect to accounts of non-published/unlisted end users who,by request to the Company (which may be submitted at any time),have specified that such information may not be released,except when the requesting carrier's BNA request for non- published/unlisted end users are as a result of dial-around usage on the requesting carrier's network.If a non-published/unlisted end user requests that the information not be released,all collect and billed to third party calls will be blocked. 3.2.6.1.Directory Listing -Standard -The Customer will receive one Standard listing per telephone number,in the alphabetical section of the directory,at no additional charge. 3.2.6.2.Directory Listing -Additional -The term Additional listing denotes any White Page listing,regardless of form,in addition to the Standard listing.A monthlyrate applies for one Additional listing.An additional listing may be any of the following: a.Names of members of the Customer's family or of persons residing in the Customer's household. b.When the Customer's name or names of other persons residing in the household is spelled in more than one way,additional listings of the alternative spelling are permitted. c.The owner of a duly licensed amateur radio station may obtain a listing of the station with this residence telephone number. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF Original Sheet 44 SECTION 3.0 LOCAL EXCHANGE SERVICES -(Cont'd) 3.2 Service Descriptions (cont'd) 3.2.4 Number Services (cont'd) 3.2.4.3 Directory Listing -Non Published a.General Non-published telephone numbers are not listed in either the Company's directories or directory assistance records available to the general public.When a call is placed from a telephone number associated with a non-published listing,the number and name may be disclosed if the called party has equipment to display Calling Number Delivery and/or Calling Name Delivery.Customers may prevent the display of the calling number and name by activating Caller ID blocking.Caller ID blocking is available,at no charge,in areas where Caller ID disclosure is possible. b.Regulations Incoming calls will be completed by the Company only when the calling party places the call by dialing the telephone number.The Company will adhere to this practice notwithstanding any claim of emergency the calling party may present.The acceptance by the Company of the Customer's request to refrain from publishing his/her telephone number in the directory does not create any relationship or obligation,direct or indirect,to any other person than the Customer. The Company's liability,if any,for its gross negligence or willful misconduct or the right of the Customer to seek any legal remedy available for the same is not limited by this tariff.In the absence of gross negligence or willful misconduct with respect to any claim or suit brought by,or other legal remedies available to,the Customer for damages associated with publishing the telephone number of non published service in the directory or disclosing said number to any person,the Company's liability,if any,shall not exceed the monthly charges which the Customer may have made for such unpublished service for the period during which the service was affected. Except as provided above,the Customer indemnifies and saves the Company harmless against any and all claims for damages caused or claims to have been caused,directly or indirectly,by the publication/non-publicationof the non published listed number or the disclosing/non-disclosing of said number to any person. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGI ERVICES TARIFF OriginalSheet 45 SECTION 3.0 -LOCAL EXCHANGE SERVICES -(Cont'd) 3.2 Service Descriptions (cont'd) 3.2.4 Number Services (cont'd) 3.2.4.4.Directory Listing -Non Listed a.General Non listed numbers are not listed in the Company's directories but are included in directory assistance records available to the general public. b.Regulations The Customer indemnifies and saves the Company harmless against any and all claims for damages caused or claimed to have been caused,directly or indirectly by the publication of the listing,which the Customer has requested,be omitted from the telephone directory. Where such a listing is published in the telephone directory,the Company's liability shall be limited to a refund of any monthly charges assessed by the Company for the particular non-listed service. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 46 SECTION 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.5 Operator Services 3.2.5.1 Directory Assistance Allows Customers to obtain help determining listed telephone numbers.A maximum of two (2)requested telephone numbers will be provided for each Directory Assistance call. 3.2.5.2 Busy Line Verification Provides operator assistance in determining if there is a conversation in progress at the called station.The charge only applies if 1)a conversation is detected,or 2)the line is detected to be off-hook but no conversation. 3.2.5.3 Busy Line Verification/Interrupt Provides for operator interruption of a conversation in progress on a called station.A charge applies for each attempt to interrupt regardless of whether or not the called station releases the call.A Busy Line Verification must be made prior to a Busy Line Interrupt and both service charges will apply. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3LOCALEXCHANGERVICESTARIFFOriginalSheet47 SECTION 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.5 Operator Services (cont'd) 3.2.5.4 Customer Dialed Calling Card Station Customer Dialed Calling Card Station rates apply when calls are originated and billed as specified below.Customer Dialed Calling Card Station rates do not apply when (1)the Customer dials the appropriate Company access code and does not enter the called number prior to the call timing out and being transferred to a live Company operator or the automated operator system;or,(2)the Customer dials a Company-designated number for completion of Customer Dialed Calling Card calls,but fails to respond to system prompts and must be transferred to a Company operator. a.Customer Dialed Automated The Customer dials the appropriate Company access code (e.g.O or 10-10-XXX+0,a Company-designatednumber for completion of Customer Dialed Calling Card calls),plus the telephone number desired and completes the call without the assistance of a live Company operator or the automated operator system (except in the case for calls made from arotaryphone),and the call is billed to a consumer calling card. b.Operator Must Assist The Customer dials the appropriate Company access code (e.g.O or 10-10-XXX+0,a Company-designated number for completion of Customer Dialed Calling Card calls),plus the telephone number desired and (1)the local exchange operator services equipment capability precludes the Customer from completing the call without the assistance of a Company operator and the call is billed to the Customer's calling card, or (2)the Customer's calling card number,when input,is not the accepted length to be automatically validated and requires operator intervention. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMlWINICATIONS,INC.IPUC Tariff No.3LOCALEXCHANG.ERVICES TARIFF Original Sheet 48 SECTION 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.5 Operator Services (cont'd) 3.2.5.4 Customer Dialed Calling Card Station -(Continued) c.Customer Dialed and Operator Assisted The Customer dials the appropriate Company access code (e.g., 0,10-10-XXX+0,a Company-designated number for completion of Customer Dialed Calling Card calls),plus the telephone number desired and is able to input the calling card number but uses Company operator assistance that is limited to recording the calling card number for billingpurposes. 3.2.5.5 Operator Assisted Operator Assisted station-to-station and person-to-person charges are determined by adding the appropriate Operator Assisted service charge and/or surcharge,specified in Section 4.5.,including the applicable calling rate. The service charge categories for station-to-station Operator Assisted Calls are as follows: -Sent Paid -Station Collect/Directory Assistance -Bill to Third Number -Bill to Third Number/Directory Assistance -Person-to-Person -Person-to-Person/Directory Assistance A surcharge applies to Operator Assisted station-to-station and person-to- person calls.The surcharge applies in addition to any applicable service charges. Incoming Collect and Billed to Third party Calls can be blocked at the customer's request. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGL ERVICES TARIFF OriginalSheet 49 SECTION 3.0 CONSUMER LOCAL SERVICE DESCRIPTIONS (Cont'd) 3.2 Service Descriptions (cont'd) 3.2.6 Idaho Telecommunications Service Assistance Program (ITSAP) ITSAP consists of two programs,Lifeline and Linkup,that were developed to provide discounted rates for telephoneservice to low income customers,thus promoting universal service.The programs are jointly sponsored (federal and state)telephone assistance programs designed to maximize federal contributions to Idaho's low-income customers. The programs provide reductions in monthlyrates for single line telephone service and/or reductions in one-time costs for installation of telephone service for qualifyingcustomers.The program is administered by the Department of Health and Welfare in accordance with Idaho Code,§56-901. 3.2.6.1 Eligibility-To be eligible for ITSAP,the participant must: (a)Apply through the Department of Health and Welfare, (b)Be head of household, (c)Have a total gross income at or below 133%of the Office of Managementand Budgets (OMB)Poverty guidelines. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGi ,ERVICES TARIFF OriginalSheet 50 SECTION 3.0 CONSUMER LOCAL SERVICE DESCRIPTIONS -(Cont'd) 3.2 Service Descriptions (cont'd) 3.2.6 Idaho Telecommunications Service Assistance Program (ITSAP)(cont'd) 3.2.6.2 Residents of Tribal Lands may be eligible for additional federal assistance if the individual participates in one of the followingfederal assistance programs: (a)Bureau of Indian Affairs general assistance; (b)Tribally administered Temporary Assistance for Needy Families; (c)Head Start (only those meeting its income qualifyingstandard); (d)National School Lunch Program's free lunch program. 3.2.8.2.1 Eligibilityand qualification determinations will be performed according to the telecommunication provider's federal tariff and/or 47 C.F.R.Part 54. 3.2.6.2.2 Each eligible participating resident of Tribal Lands must provide to its local service provider a signed document certifying under penalty of perjury that the customer receives benefits from at least one of the programs mentioned. 3.2.6.3 Lifeline Discounts -applied to tariffed monthlyrecurring rates and charges for qualifyingresidential customers. Monthlydiscount (not to exceed the rate charged for the grade of subscribed residential basic local exchange service)$3.50 Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 51 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (Cont'd) 3.2.6 Idaho Telecommunications Service Assistance Program (ITSAP)(Cont'd) 3.2.6.3 Lifeline Discounts (Cont'd) Additional federal discounts may apply: Tier 1 -Monthlyservice discount equal to the subscriber line charge $3.50 Tier 2 -Monthlyservice discount for customers of eligible telecommunications carriers who have received non-federal regulatoryapprovals $1.75 Tier 3 -Monthlyservice discount equal to one half of the amount of any state support up to a maximum of $1.75 Tier 4 -Eligible residents of Tribal Lands may be eligible for discounts of up to $25.This discount may not bring the local residential rate to below $1.00 per month $25.00 3.2.6.4 Linkup Discounts -applied to installation of new service, includingline extensions,construction of facilities,etc.,but shall not apply to customer premises facilities or equipment.A service installation cost reduction of 50%up to $30.00 for an eligible resident of Tribal Lands,an additional reduction of up to $70 may be applied to cover 100% of the charges between $60 and $130 assessed for initiating telephone service.$70.00 Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGl ERVICES TARIFF OriginalSheet 52 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (Cont'd) 3.2.6 Idaho Telecommunications Service Assistance Program (ITSAP)(Cont'd) 3.2.6.5 Rules 3.2.6.5.1 Applies to Telecommunication service at the principal residence of the eligible subscriber/head of household. 3.2.6.5.2 A household is either an individual livingalone or a group of individuals livingtogether in common livingquarters and facilities under such domestic arrangements and circumstances as to create a single establishment. 3.2.6.5.3 The eligible participant can receive assistance with telephone service installation costs only once at a residential address.However,if the participant moves to a new address,meets the eligibilitycriteria and is in good standing with the telephone service provider,there is no limit to the number of times the participant may receive assistance with telephonecosts. 3.2.6.6 Nonrecurring charges to change to or from this program because of change in eligibilitystatus will be waived. 3.2.6.7 Lifeline service is not available for foreign exchange service.Only one line per householdwill qualify for ITSAP discounts. 3.2.6.8 Customers participating in either of these assistance programs must notify the company of any changes that would affect qualification.Verification of eligibilitywill be established by the Department of Health and Welfare and will be reviewed annually. 3.2.6.9 When the customer is no longer eligible,the discount will be discontinued and regular tariff rates and charges will apply. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3LOCALEXCHANGlERVICESTARIFFOriginalSheet53 3 LOCAL EXCHANGE SERVICES (Cont'd) 3.2 Service Descriptions (Cont'd) 3.2.6 Idaho Telecommunications Service Assistance Program (ITSAP)(Cont'd) 3.2.6.10 Recovery The cost of providing assistance through ITSAP shall be recovered by imposing a monthlysurcharge determined by the Public Utilities Commission and assessed on each line used for providing residential and business access. Participating ITSAP customers are exempted from this surcharge $0.05/line/month 3.2.7 Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund.The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMM*NICATIONS,INC.IPUC Tariff No.3LOCALEXCHANGlERVICESTARIFFOriginalSheet54 SECTION 4.0 RATES AND CHARGES 4.1 Exchange Services 4.1.1 Local Service Offers:Price Per Month: EXCEL Complete Communications Package $31.95 4.1.2 Local Service Access Lines Prices for Local Service Access Lines as defined in this tariff,are reflected in the Local Service Offers prices in 4.2.1,preceding,and are not rate additive. 4.1.3 Touch Tone Calling Service Prices for Touch Tone Calling Service,as defined in this tariff,are reflected in the Local Services Offers prices in 4.2.1,preceding,and are not rate additive. 4.2 Custom Feature Rates The following features are furnished,as part of the Excel Complete Communications Package: -Anonymous Call Rejection (ACR)No Additional Charge -Auto Redial (Repeat Dialing)No Additional Charge -Call Blocking Full Restriction No Additional Charge -Call Forwarding No Additional Charge -Call Return No Additional Charge -Call Waiting No Additional Charge -Speed Dialing 8 No Additional Charge -Three Way Calling No Additional Charge -Caller ID With Name and Number No Additional Charge -Distinct Ring Service No Additional Charge Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMM*NICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGE ZRVICES TARIFF OriginalSheet 55 SECTION 4.0 RATES AND CHARGES (Cont'd) 4.3 Non-Recurring Charges 4.3.1 Service Connection Charges Non-Recurring Charge: LongDistance PIC Charge $5.00 IntraLATA PIC Charge $5.00 a.Local Service Connection Charge $25.00 b.Subscriber Line Charge (SLC)$5.00 c.Add New Line Charge $25.00 d.Additional New Line/Same Trip $25.00 e.Service Activation Charge $25.00 f..Special Construction Individual case basis (ICB) 4.3.2 Service Connection Charges Non-Recurring Charge: a.Feature Service Charge $25.00 b.Record Order Charge $10.00 4.4 Number Services 4.4.1 Directory Listing -Standard No Charge 4.4.2 Directory Listing -Additional (a maximum of three)$2.00/Month 4.4.3 Directory Listing -Non Published $2.40/Month 4.4.4 Directory Listing -Non Listed $2.40/Month Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc EXCEL TELECOMMUNICATIONS,INC.IPUC Tariff No.3 LOCAL EXCHANGE ZRVICES TARIFF OriginalSheet 56 SECTION 4.0 RATES AND CHARGES -(Cont'd) 4.5 OperatorServices 4.5.1 Local Directory Assistance Service Charge,up to 2 listings $0.35,Per Call 4.5.2 Local Directory Assistance Call Completion Service Charge $0.35,Per Call 4.5.3 Busy Line Verification/InterruptService Charges $2.00,Per Verification $3.00,Per Interrupt 4.5.4 Calling Card Service Charges -Customer Dialed,Automated $0.45 -Customer Dialed,Operator Must Assist $1.65 -Customer Dialed and Operator Assisted $1.65 -Calling Card /Directory Assistance $0.80 4.5.5 Operator Assisted Calling Service Charges -Sent Paid $1.65 -Station Collect $1.65 -Bill to Third Number $1.65 -Person-to-Person $3.00 4.5.6 Operator Service Per Minute Rate:$0.40 Issued:Effective: Jerry G.Kirby,Sr.Tariff Manager Excel Telecommunications,Inc. 8750 North Central Expressway,Suite 2000 Dallas,Texas 75231 F:\desktop\idaho.doc