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HomeMy WebLinkAbout20050603Application.pdfill t~n~ JiJti - 2 Fd'\ I: 01 IDAHO PUBL~~5\ON In Re The Application Of PT\L\1\ES COMM Extreme Media Technologies Inc., For a Certificate Of Public Convenience and Necessity To Provide Local Exchange Telecommunications Services In The State Of Idaho r; '~ 1:""'\IEO vt. y n to , "-,",,, BEFORE THE PUBLIC SERVICE COMMISSION IN AND FOR THE STATE OF Idaho Docket Number EX T- r -o..:s -(J APPLICATION COMES NOW Applicant Extreme Media Technologies Inc. dba XMT3 (Kirk Adkison, President) (henceforth or "Applicant") to apply, pursuant to S. ~62-615 , to the Public Service Commission of the State of Idaho Commission ) for a Certificate Of Public Convenience And Necessity to provide Local Exchange Telecommunications Services using IP Voce over private networks within the State of Idaho. Applicant seeks authority to provide local exchange telecommunication services in the exchanges where Qwest Communications Corporation ("Qwest") is currently designated as the incumbent local exchange carrier (ILEC). INTRODUCTION Applicant seeks authority to provide resold throughout the southern part of the State of Idaho where Qwest is the primary incumbent Local Exchange Carrier utilizing incumbent resold retail network elements platform, which will be purchased or leased from Qwest, Electric Lightwave Time Wamer and Global Crossings. Applicant owns a Vocal Data Class 5 Soft switch, a Carrius Class 4 soft switch, and the necessary Cisco switches, Intel and Sun servers, and Cisco routers necessary to deploy carrier grade voice to its customers. Applicant seeks to provide integrated voice and data services utilizing its engineered IP voice over private networks in order to provide consumers with a choice for their voice and data needs at savings up to 70%. Applicant seeks to compete primarily with Qwest and ELI for voice services in Boise, Meridian, Nampa, Eagle Caldwell Twin Falls, Idaho Falls, Pocatello, Burley, Couer D' Alene, and Jerome and all the local areas to those towns where service is provided by Qwest. The applicant would like to begin offering its service immediately. Applicant will market its product using radio, print, and television for name recognition. Applicant will utilize a direct sales team to solicit its services to residential, business, and municipal entities. The applicant will also utilize contract sales teams and currently has wholesale agreements for companies wishing to add voice to their current service offering and push our products and services out to their current customer base. Applicant seeks to provide discounted rates to non-profit and not-for profit entities as a gesture of public service and currently its members lend their time teaching or presenting on technology at no charge to local schools. N ames and address of common stockholders is listed as Exhibit A. confidential) Biographies of officers and Directors is listed as Exhibit C (confidential) Copies of the Article of Incorporation and Certificates of good standing are listed as Exhibit B INFORMATION The following information is provided in accordance with the Commission s "Information To Be Furnished By Applicants For Concurrent Certification To Provide Local Exchange Telecommunications Services In Idaho." While the information request did not dictate form or limit content, it is the desire of Applicant to provide sufficient information to satisfy the Commission s inquiries, and justify issuance of the requested Certificate of Public Convenience and Necessity. A. Name~ Address~ and Form of Business: The full legal name of Applicant is Extreme Media Technologies Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 www.xmt3.com Attached hereto as Exhibit B is a true and correct copy of Certificate of Authority from the Secretary of State of the State of Idaho, permitting Applicant to conduct business in the State of Idaho. B. Officers~ Directors~ and Key Management:The names and titles of Applicant's members and key management are as follows: (confidential) Kirk Adkison President 2694 N Lapis Ave Meridian, Idaho 83642 Robert Prusinowski Vice President Technology 4683 E Tanoak Dr. Boise, Idaho 83716 Bonnie Bell Secretary 10200 W Macaw Ct. Boise, Idaho 83704 Paul ~ogen Treasurer 2241 Farnum St. Casper, WY 82609 Attached hereto as Exhibit C is a true and correct copy of Applicant' senior management biographies. C. Telecommunications Services:Applicant is currently providing switched- based resold, non- facilities-based interstate inter-exchange telecommunications local exchange services utilizing incumbent unbundled network elements in the following states. Applicant intends to initiate applications for authority in California, Oregon, Washington, and Montana, and is currently providing service in Wyoming. As of the time of the execution of this application Applicant has not been denied a certificate of authority to provide telecommunications services, nor has any regulatory or other legal enforcement action been taken against the Applicant. Applicant intends to begin offering resold local exchange services to residential and business customers in the State of Idaho upon authorization by the Commission. Applicant intends to market its services through both inside sales staff and independent agents, using a variety of channels, including direct marketing, advertising, and the Internet. Applicant will not engage in multi-level marketing. When working with independent sales agents, XMT3 oversees their operations but does not assumes responsibility for their actions. Applicant does have a formal business plan related to service provision in the State of Idaho. D. Service Territory:Applicant seeks certification to provide local exchange telecommunications services throughout Qwest's exchanges in the State of Idaho in the following cities or towns: Boise, Meridian, Nampa, Caldwell, Twin Falls Pocatello, Jerome, Burley, Idaho Falls and surrounding locations where it makes sense. Applicant proposes that its service territory boundaries correspond to Qwest's service territory boundaries in the exchanges serving these communities. Applicant is most likely going to compete with Qwest, ELI, Mcleod, and Time Wamer. E. Financial Information.Applicant's financial information is attached as Exhibit D to this application, and is submitted in a sealed envelope marked CONFIDENTIAL." Applicant requests that its financial information be treated as trade secret information and protected from disclosure, including public inspection examination, and copying. As a privately held corporation, Applicant does not file documents with the federal Securities and Exchange Commission and therefore does not issue an annual report. F. Tariff Filing:Attached hereto as Exhibit E is Applicant's proposed local exchange tariff. Applicant requests that the tariff become effective thirty (30) days from the date of issue Company Contacts: Inquiries regarding regulatory matters should be directed to: Kirk Adkison 280 N Maple Grove Rd Boise, Idaho 83704 (0) 208-375-8722 (C) 208-869-2705 (F) 208-375-8721 Inquires regarding consumer issues and customer complaints should be directed to: Michele Adkison 280 N Maple Grove Rd Boise, Idaho 83704 (0) 208-287-5506 (C) 208-830-0079 (F) 208-375-8721 Inquiries regarding this Application and attached Tariff should be directed to: Kirk Adkison 280 N Maple Grove Rd. Boise, Idaho 83704 (0) 208-375-8722 (C) 208-869-2705 (F) 208-375-8721 H. Contacts With ELECs And Interconnection Agreements:As of the execution of this application, At this time Applicant has no intention of offering unbundled elements to customers in Idaho and will not make a request for interconnection with Qwest in the immediate future. Applicant may seek in the future to complete negotiations with Qwest. Upon completion of negotiations, Applicant will file such Interconnection Agreements with the Commission for approval in accordance with Section 252 of the Telecommunications Act of 1996. (SIGNATURE NEXT PAGE) CONCLUSION WHEREFORE, Applicant, Extreme Media Technologies Inc. requests that the Idaho Public Service Commission enter an order granting it a Certificate of Public Convenience and Necessity authorizing the provision of resold local exchange telecommunications services in Idaho. DATED THIS day, ~(\c:.. 0 f 2t()5 Extreme Media Technologies. Print Name I!1'r ,;:feY" CC-/ Title 4t's I e IV f- f"ot()JL.bLL . (j. v. ~-I:, 13a. oj ~,- d.-' 03r''130; Soe- I1) .. 1~l Li Cc..ot n'Yll ~~ (.~\ S:fp. (1(\')-t; 201 Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877.649.1617 Exhibit E F!EGEIVED jLEO IPSC _. Original Page zona JUri- 2 AM I: 01 ID/5\110 PUSt IC t.1lILITIES COHMlSSfON Idaho Interexchange Telecommunications Price List of Extreme Media Technologies This Price List contains the descriptions, regulations, and rates applicable to the provision of interexchange telecommunications, including operator assisted services, by Extreme Media Technologies Inc. dba XMT3 (Kirk Adkison, President) within the State of Idaho. This price list is on file with the Idaho Public Service Commission and copies may be inspected during nonnal business hours, at the Company s principal place of business. Extreme Media Technologies , Inc 280 N Maple Grove Rd Boise, Idaho 83704 IPSC Original Page 2 CHECK SHEET Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. - indicates those pages includes with this document PAGE REVISION PAGE REVISION Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original *Original * Original * Extreme Media Technologies , Inc 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 3 TABLE OF CONTENTS Table of Contents................................................................................................................. Application of Price List....................................................................................................... 4 Symbols.............................................................................................................................. . Price List Format.................................................................................................................. Section 1 - Technical Terms and Abbreviations....................................................................... Section 2 - Rules and Regulations .................................................................................... . Section 3 - Description of Service and Rates ...................................................................... . Section 4 - Miscellaneous Services ................................................................................... . Section 5 - Promotions ....................................................................................................... Section 6 - Contract Services............................................................................................... Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPse Original Page 4 APPLICATION OF PRICE LIST The regulations, rules and conditions set forth in this Price List apply to the provision of intrastate public telecommunications services furnished within the State of Idaho by Extreme Media Technologies, Inc. subject to the jurisdiction of the Idaho Public Service Commission. Please note that most of our pricing will be Individual Case Basis (ICB) based on the complexity or the lack thereof of each customer s network. Below is a list of our standard pricing for small business and residential customers. Business Class IP Centrex: $24.95 per line includes a minimum of 256kps of Internet, Unified/Voice Mail Messaging, Fax Service, Call Forwarding, Call Waiting, Speed Dialing, Call Transfer, Three Way Calling, Message Light Indicator, Long Distance is $.03 per minute intrastate and interstate. $60.00 NRC per line. IP Analog Extreme Media Technologies will provide a T -1 to customer premise and break. out analog service to customers existing PBX/KSU System and provide them with up to twenty four (24) lines, DID service, a minimum of Imbps of internet $575.00 MRC $1690.00 NRC IP Digital Extreme Media Technologies will provide a T-l to a customer premise providing twenty four (24) digital PRI access lines to existing PBX/KSU System including DID service, and a minimum of Imbps. $750.00 MRC $1690.00 NRC Residential Class IP Service Extreme Media Technologies will provide one of the following; ADSL, ADSL Dry, or SDLS to customer residence providing up to six (6) lines , a minimum of 768kps of Internet, Voice Mail, Message Light Indication, Call Waiting, Call Forwarding, Speed Dialing, Three Way Calling, Call Transfer, at $17.95 per phone line NRC is $60. per phone line. Extreme Media Technologies, Inc 280 N Maple Grove Rd Boise, Idaho 877-649-1617 IPSC Original Page 5 SYMBOLS The following are the only symbols used for the purposes indicated below: To signify a changed listing, rule or condition which may affect rates or charges.(C) - (D) -To signify discontinued material, including a listing, rate, rule or condition. (I) - (L) - To signify an increase in rates or charges. To signify material relocated from or to another part of this Price List with no change in text rate, rule or condition. (N) - To signify new material, including a listing, rate, rule or condition. (R) - To signify a reduction in rates or charges. (T) -To signify a change in the wording of the text, but no change in rate, rule or condition. (X) - To signify a correction or reissued matter. Extreme Media Technologies, inc 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 6 PRICE LIST FORMAT A. Page Numbering - Page numbers appear in the upper right comer of the page. Pages are numbered sequentially. However, new sheets are occasionally added to the Price List. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be 14. B. Page Revision Numbers - Revision numbers also appear in the upper right comer of each page. These numbers are used to determine the most current sheet version on file with the IPSC. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. C. Paragraph Numbering Sequence - There are seven levels of paragraph coding. Each level of coding is subservient to its next higher level: 1.1 2.1 D. Check Sheets - When a Price List filing is made with the IPSC, an updated Check Sheet accompanies the Price List filing. The Check Sheet lists the sheets contained in the Price List, with a cross reference to the current revision number. When new sheets are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this sheet if these are the only changes made to it (Le., the format, etc. remain the same, just revised revision levels on some sheets. Extreme Media Technologies 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPse Original Page 7 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Certain terms used generally throughout this Price List, particularly those for specialized common carrier communication channels furnished by the Company over its facilities are defined below: Access - Access to Extreme Media Technologies services are provided by one or more or a combination of the following methods: presubscription in equal access areas, direct access, 800, 950 and 10XXX dialing sequences. Access Code - A sequence of numbers that, when dialed, connect the caller to the provider of services associated with that sequence. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable the Company to identify the origin of the Service User so the Company may rate and bill the call. All Authorization Codes shall be the sole property of the Company and no Customer shall have any property or other right or interest in the use of any particular Authorization Code, Automatic Numbering Identification ANI") may be used as or in connection with the Authorization Code. Authorized User - A person or entity that accesses the Company s services. An Authorized User is responsible for compliance with this Price List. Automatic Numbering Identification (ANI) - A type of signaling provided by a local exchange telephone company that automatically identifies the local exchange line from which a call originates. Billed Party - The person or entity responsible for payment of the Company s Service(s): For a Direct Dialed Call, the person or entity responsible for payment is the Customer responsible for payment for local telephone service at the telephone used to originate an intrastate call. In the case of a Traveler Card call, Phone Home Card call or other credit card call (herein collectively the "Card"), the person or entity responsible for payment is the Customer of record of the Traveler Card, Phone Home Card or other valid and acceptable Card used. In the case of a collect or third party call, the person or entity responsible for payment is the person responsible for payment for local telephone service at the telephone number that agrees to accept charges for the call. In the case of a Room Charge Call, the entity responsible for payment is the Aggregator controlling the telephone used to originate the intrastate call. In all Operator Assisted calls not involving Cards, third party calls, collect calls or Room Charge calls, the person or entity responsible for payment is the Customer responsible for payment for local telephone services at the telephone used to originate the intrastate call. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 8 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT' Calling Card Call - A Direct Dialed or Operator Assisted call for which charges are billed not to the originating telephone number, but to a LEC or interexchange carrier calling card. Central Office - A Local Exchange Carrier switching system where Local Exchange Carrier customer station loops are terminated for purposes of interconnection to each other and to trunks. Channel - The tenn "Channel" denotes a path for electrical transmission between two or more points, the path having a band width designed to carry voice grade transmission. Common Carrier - A company or entity providing telecommunications services to the public. Credit Card Call - A Direct Dialed or Operator Assisted call for which charges are billed not to the originating telephone number, but to a credit commercial card, such as Visa or MasterCard. Customer - The term "Customer" denotes the person, partnership, association, joint stock company, trust corporation, or governmental entity or any other entity that is responsible for payment of charges and for compliance with this Price List. Customer - Provided Facilities - The term "Customer - Provided Facilities" denotes all communications facilities provided by the Customer and/or Authorized User other than those provided by the Company. Direct Dialed Call - An intrastate telephone call that is automatically completed and billed to the telephone number from which the call originated without the automatic or live assistance of an operator. Equal Access - Has the meaning given that tenn in Appendix B of the Modification of Final Judgment August 24. 1982. in United States v. Western Electric. Civil Action No. 82-0192 illnited Sta~ Cowt District of Colombia as amended by the Court in its orders issued prior to October 17 1990 Equal Access Code - An access code that allows the public to obtain an equal access connection to the carrier associated with that code. Exchange - The tenn "Exchange" denotes a unit established by the Local Exchange Carrier for the administration of communications service in a specified area that usually embraces a city, town or village and its environs. It consists of one or more Central Offices together with the associated facilities used in furnishing communications service within that area. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 9 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT' Intrastate Message Telecommunications Service ("MTS"- The term "Intrastate Message Telecommunications Services" denotes the furnishing of direct dialed and operator assisted intrastate switched service to the Customer for the completion of long distance voice and dial-up low speed data transmissions over voice grade channels between points wholly within the State of Idaho. Local Exchange Carrier ("LEC") - The term "Local Exchange Carrier" denotes any telephone company that provides local telephone service to Customers within a derIDed area. Measured Charge - A charge assessed on a per minute or incremental basis in calculating a portion of the charges due for a completed call. Other Common Carrier - The term "Other Common Carrier" denotes a common carrier, other than the Company, providing domestic and/or international communications service to the public. Personal Identification Numbers (pINS) - Code numbers used in connection with designated telephone numbers which allow intrastate calls to be categorized for various applications. Point(s) of Presence - The term "Point(s) of Presence" denotes the site(s) where the Company provides a network interface with facilities provided by Other Common Carriers, Local Exchange Carriers or Customers for access to the Company network configuration. Premise - The tenn "Premise" denotes a building or buildings on contiguous property (except railroad rights-of- way, etc.) not separated by a public highway. XMT3- Extreme Media Technologies. Service - Intrastate telecommunications service provided to a Customer or Authorized User by the Company. Special Access Service - All exchange access not utilizing telephone company end office switches. This service includes dedicated access that connects end user to end user, end user to carrier, or carrier to carrier and may include analog or digital channels for voice, data or video transmissions. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 877-649-1617 IPSC 1 Original Page 10 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT' Subscriber - Any person, f1ffi1, partnership, corporation, governmental agency or other entity that orders service from the Company on behalf of itself or on behalf of others. A Subscriber may, in the ordinary course of its operations, makes telephones available to transient users of its premises for placing of intrastate calls. The Subscriber has a pre-existing business arrangement with the Company and may also be a Customer. Telecommunications - The transmission of voice communications or, subject to the transmission capabilities of the Service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence. IPSC - Idaho Public Service Commission. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 11 SECTION 2 - RULES AND REGULATIONS Undertaking of the Company Service is offered to residential and business Customers of the Company to provide direct dialed and operator assisted calls originating and terminating partially or wholly within the State of Idaho, using the Company s network configuration. The Company provides switched long distance network services for voice grade and low speed dial-up data transmission services. The Company does not undertake to transmit messages but furnishes the use of its facilities to its Customers for communications. All services are provided subject to the terms and conditions set forth in this Price List. In the event of a conflict between a contract entered into by the Company and this Price List the terms of this Price List shall prevail. The Company s services and facilities are provided on a monthly basis unless otherwise provided and are available twenty-four hours per day, seven days per week. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 877-649-1617 IPSC Original Page 12 Limitations SECTION 2 - RULES AND REGULATIONS, (CONT' 2.4 2.3 Use Service is offered subject to the availability of the necessary facilities and equipment, or both facilities and equipment, and subject to the provisions of this Price List. XMT3 reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this Price List, or in violation of the law. The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. All services and facilities provided under this Price List are directly or indirectly controlled by XMT3 and the Customer may not transfer or assign the use of service or facilities without the express written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of the service or facilities. Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this Price List shall apply to all such permitted assignees or transferees, as well as all conditions of service. Services provided under this Price List may be used for any lawful purpose for which the service is technically suited. IPSC Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-619-1617 Original Page 13 SECTION 2 - RULES AND REGULATIONS, (CONT' Liabilities of Company 4.3 Except as stated in this section, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this Price List. This Price List does not limit the liability of the Company for willful misconduct. The liability of the Company, if any, for damages resulting in whole or in part from or arising in connection with the furnishing of service under this Price List, including but not limited to mistakes, omissions, interruptions, delays, errors, or other defects in transmission or failures or defects in facilities furnished by the Company in the course of furnishing service or arising out of any failure to furnish service shall in no event exceed an amount of money equivalent to the proportionate charge to the Customer for the period of service during which such mistakes, omissions, interruptions, delays or errors or defects in transmission occur and continue. However any such mistakes, omissions, interruptions delays, errors, or defects in transmission or service that are caused by or contributed to by the negligence or willful act of Customer, or which arise ftom the use of Customer-Provided Facilities or equipment shall not result in the imposition of any liability whatsoever upon the Company. XMT3 shall not be liable for any failure of performance hereunder due to causes beyond its control, including but not limited to Acts of God, fires, flood or other catastrophes; atmospheric conditions or other phenomena of nature, such as radiation; any law, order regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over XMT3 or the services provided hereunder; national emergencies; civil disorder, insurrections, riots, wars strikes, lockouts, work stoppages, or other labor problems or regulations established or actions taken by any court or government agency having jurisdiction over the Company or the acts of any party not directly under the control of the Company. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 14 SECTION 2 - RULES AND REGULATIONS, (CONT' Liabilities of Company, Cont' 2.4. 2.4. 2.4. XMT3 is not liable for any act, omission or negligence of any Local Exchange Carrier or other provider whose facilities are used concurrently in furnishing any portion of the services received by Customer, or for the unavailability of or any delays in the furnishing of any services or facilities that are provided by any Local Exchange Carrier. Should the Company employ the service of any Other Common Carrier in furnishing the service provided to Customer, the Company s liability shall be limited according to the provisions stated above. XMT3 shall be indemnified and held hannless by the Customer and Authorized User from and against all loss, liability, damage, and expense, including reasonable attorney s fees, due to claims for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by any person using the Company s services and any other claim resulting from any act or omission of the Customer or Authorized User relating to the use of the Company s facilities. The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities or equipment used with the service furnished hereunder; nor shall the Company be liable for any damages or losses due in whole or in part to the failure of Customer-provided service, equipment or facilities. Under no circumstances whatever shall the Company or its officers, directors, agents, or employees be liable for indirect, incidental, special or consequential damages. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 877-649-1617 IPSC 1 Original Page 15 SECTION 2 - RULES AMD REGULATIONS, (CONT' Deposits The Company does not nonnally require deposits from customers, however deposits may be required of customers who do not meet the company s credit requirements, or for whom no credit history is available. Advance Payments The Company bills its customers one month in advance for services and if and when a customer decides to disconnect services that advanced payment is applied to their final bill. Taxes The Company shall charge the Customer an amount sufficient to recover any governmental assessments, fees, license, or other similar taxes or fees imposed upon the Company. Such taxes or fees shall be recovered in the following manner: (a)For Debit Service, taxes or fees shall be included in the schedule for this service, unless otherwise negotiated with the distributor. (b)For all other services offered by the Company, taxes and fees shall be added pro-rata, insofar as practical, to the rates and charges stated in the Company s rate schedules and listed as separate line items on the Customer s bill for services provided. Payment for Service Billing and Credit Regulations The charges for service are due when billed and are billed and collected by the Company or its authorized agent, or the connecting company from whose service point the messages were sent paid or at whose service point the messages were received collect. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC 1 Original Page 16 SECTION 2 - RULES AND REGULATIONS, (CONT') 2. Payment for Service, (Cont') 2.Payment for Service The Customer is responsible for payment of all charges for services, including charges for service originated or charges accepted at the Customer s service point. (A) (B) (C) (D) (E) Charges for third party calls which are charged to a domestic telephone number will be included on the Billed Party's local exchange telephone company bill pursuant to billing and collection agreements established by XMT3 or its intermediary with the applicable telephone company. Charges for credit card calls will be included on the Billed Party's regular monthly statement from the card-issuing company. For Room Charge Calls (Time and Charges), when requested by the Authorized User, and authorized by the Aggregator, the charges will be provided to the Aggregator for inclusion on the hotel, motel, or hospital bill of the Authorized Users. In such cases, XMT3 will provide a record of the call detail and charges to the hotel, motel, or hospital for such billing purposes. The Aggregator is solely responsible for the collection of Room Charges from its guests, and remains liable to XMT3 for all Room Charge calls regardless of whether such charges are in fact collected from the Authorized User. Room charge calls are rated in accordance with the Real-Time Rate Table set forth in Section 4 herein. Charges for direct dialed calls will be included on the originating party s bill pursuant to billing and collection agreements established by the Company or its intermediary with the applicable telephone company, Any applicable federal, state and local use, excise, sales or privileges taxes or similar liabilities chargeable to or against the Company as a result of the provision or the Company s service hereunder to the Customer shall be charged to and payable by the Customer in addition to the rates indicated in this Price List. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 1 SECTION 2 - RULES AND REGULATIONS, (CONT') 2. Payment for Service, (Cont' Billing and Credit Regulations, (cont' (F) (G) (H) (I) (J) (K) (L) The Customer shall remit payment of all charges to any agency authorized by the Company to receive such payment. If the bill is not paid within thirty calendar days following the mailing of the bill, the account will be considered delinquent. A delinquent account may subject the Customer s service to temporary disconnection. The Company is responsible for notifying the Customer at least five calendar days before service is disconnected. The Company charges a late charge for unpaid bills in the amount of 1.5% applied monthly. Failure to receive a bill will not exempt a Customer from prompt payment of any sum or sums due the Company. In the event the Company must employ the services of attorneys for collection of charges due under this Price List or any contract for special services, Customer shall be liable for all costs of collection including reasonable attorney s fees and court costs. XMT3 will not bill for unanswered calls in areas where Equal Access is available, nor will XMT3 knowingly bill for unanswered telephone calls where Equal Access is not available. In the event that an unanswered call is inadvertently billed due to the unavailability of Equal Access, XMT3 will cancel all such charges upon request or may credit the account of the Billed Party. Any call for which the billed duration exceeds one minute shall be presumed to have been answered. In the event the Customer is over billed, an adjustment will be made to the Customers account and the Customer will be deemed to not owe over billed amount. If the Customer is under billed, the Customer is allowed to either pay in lump sum or in installments. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 877-649-1617 IPSC Original Page 18 SECTION 2 - RULES AND REGULATIONS, (CONT' Right to Backbill for Improper Use of the Company s Service Any person or entity that uses, appropriates or secures the use of service from the Company, whether directly or indirectly, in any unlawful manner or through the providing of any misleading or false information to the Company and which uses, appropriation, or securing of services is inconsistent with the stated uses, intents, and purposes of this Price List or any restrictions, conditions, and limitations stated herein, shall be liable for an amount equal to the accrued and unpaid charges that would have been applicable to the use of the Company s service actually made by Customer. Billing Entity Conditions When billing functions on behalf ofXMT3 are performed by local exchange telephone companies credit card companies or others, the payment conditions and regulations of such companies apply, including any applicable interest and/or late payment charges. In case of any disputed charges that cannot be resolved by the billing company, the Billed Party may contact XMT3 directly. If there is still a disagreement about the disputed amount after investigation and review by XMT3 or other service provider, the Billed Party has the option to pursue the matter with the appropriate state commission and/or the Federal Communications Commission. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC 1 Original Page 19 SECTION 2 - RULES AND REGULATIONS, (CONT' Compliance with Regulatory Requirements The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulatory rules and standards of the IPSC. Interconnection The Company reserves the right to interconnect its services with those of any Other Common Carrier Local Exchange Carrier, or alternate access provider of its election, and to utilize such services for the provision of services offered herein. Denial of Access to Service by the Company The Company expressly retains the right to deny access to service without incurring any liability for any of the following reasons: 13.Nonpayment of any sum due for service provided hereunder, where the Customer s charges remain unpaid more than ten (10) days following notice of nonpayment from the Company. Notice shall be deemed to be effective upon mailing of written notice, postage prepaid, to the Customer s last known address; 13.Customer s acts or omissions that constitute a violation of, or a failure to comply with, any regulation stated in this Price List governing the furnishing of service, but which violation or failure to comply does not constitute a material breach or does not pose any actual threatened interference to XMT3 operations or its furnishing of service. The Company agrees to give Customer ten (l0) days notice of such violation or failure to comply prior to disconnection of service; or 13.3 The implementation of any order of a court of competent jurisdiction, or federal or state regulatory authority of competent jurisdiction, prohibiting the Company from furnishing such service; or 13.Failure to pay a previously owed bill by the same Customer at another location. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 20 SECTION 2 - RULES AND REGULATIONS, (CONTD. Customer s Liability in the Event of Denial of Access to Service by the Company In the event a Customer s service is disconnected by the Company for any of the reasons stated in Section 2., the Customer shall be liable for all unpaid charges due and owing to the Company associated with the service. Reinstitution of Service The Company will reconnect service upon Customer request as soon as the reason for the Customer termination is removed. If the Customer seeks reinstitution of Service following denial of service by the Company, the Customer shall pay to the Company prior to the time service is reinstituted (1) all accrued and unpaid charges, but there will be no charge for the service restoration. Credit Allowances for Interruption of Service Credit allowances for interruptions of service are limited the initial minimum period charge incurred to re-establish the interrupted call. Inspection, Testing and Adjustment Upon reasonable notice, the facilities provided by the Company shall be made available to the Company for tests and adjustments as may be deemed necessary by the Company for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made when the interruption is less than twenty-four consecutive hours. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC Original Page 21 SECTION 2 - RULES AND REGULATIONS, (CONT' 800" Numbers XMT3 will make every effort to reserve "vanity" 800 numbers on the Customer s behalf, but makes no warranty or guarantee that the "vanity" numbers) will be available for use by the Customer. If a Customer accumulates undisputed past-due charges, the Company reserves the right not to honor the Customer s request for a change in 800 service to another carrier (Le. "porting" of the 800 number), including a request for a Responsible Organization (Resp Org) change, until such charges are paid in full. Promotional Offerings 19.The Company may from time to time waive or vary charges for promotional, market research or other similar business purposes. The varying charges will not exceed those in this Price List for the same services. 19.The Company will provide thirty (30) days notification to the Commission of the availability and duration of such offers. 19.3 Special offerings will not exceed a period of ninety (90) days. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 22 SECTION 2 - RULES AND REGULATIONS, (CONT' Responsibilities of the Subscriber 20.1 The Subscriber is responsible for placing any necessary orders, for complying with Price List regulations, and for ensuring that Authorized Users comply with Price List regulations. The Subscriber is also responsible for the payment of charges for calls originated at the Subscriber s premises mat are not collect, third party, calling card, or credit card calls. 20.2 The Subscriber is responsible for charges incurred for special construction and/or special facilities that the Subscriber requests and which are ordered by XMT3 on the Subscriber behalf. 20.3 If required for the provision ofXMT3 's Services, the Subscriber must provide any equipment space, supporting structure, conduit, and electrical power without charge to XMT3. 20.4 The Subscriber is responsible for arranging ingress to its premises at times mutually agreeable to it and XMT3 when required for XMT3 personnel to install, repair, maintain program, inspect, or remove equipment associated with the provision ofXMT3's Services. 20.The Subscriber shall ensure that its terminal equipment and/or system is properly interfaced with XMT3's facilities or services, that the signals emitted into XMT3's network configuration are of the proper mode, bandwidth, power, and signal level for the intended use of the Subscriber and in compliance with the criteria set forth in Part 68 of the Code of Federal Regulations, and that the signals do not damage equipment, injure personnel, or degrade service to other Subscribers. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC Original Page 23 SECTION 2 - RULES AND REGULATIONS, (CONT' Responsibilities of the Subscriber, (Cont' 20.If the Subscriber fails to maintain the equipment and! or the system properly, with resulting imminent harm to XMT3's equipment, personnel, or the quality of Service to other Subscribers or Customers, XMT3 may, upon written notice, require the use of protective equipment at the Subscribers expense. If this fails to produce satisfactory quality and safety, XMT3 may, upon written notification, terminate the Subscriber s service. 20.7 The Subscriber must pay XMT3 for replacement or repair of damage to the equipment or facilities ofXMT3 caused by negligence or willful act of the Subscriber, its Authorized Users or others, or by improper use of equipment provided by the Subscriber, Authorized Users or others. 20.The Subscriber must pay for the loss through theft or fire of any ofXMT3's equipment installed at Subscriber s premises. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC Original Page 24 SECTION 2 - RULES AND REGULATIONS, (CONT' Responsibilities of Authorized Users 21.The Authorized User is responsible for compliance with the applicable regulations set forth in this Price List as well as all rules and regulations of the state utility commission and the FCC. 21.2 The Authorized User is responsible for identifying the station, party, or person with whom communication is desired and/or made at the called number. 21.3 The Authorized User is responsible for providing XMT3 with a valid method of billing for each call. XMT3 reserves the right to validate the credit worthiness of users through available credit card, calling card, called number, third party telephone number, and room number verification procedures. Where a requested billing method cannot by validated, the user may be required to provide an acceptable alternate billing method or XMT3 may refuse to place the call. Other The Company may temporarily suspend service without notice to the Customer, by blocking traffic to certain cities or NXX exchanges, or by blocking calls using certain Personal Account codes when the Company deems it necessary to take such action to prevent unlawful use of its service. The Company will restore service as soon as service can be provided without undue risk of fraud. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPse Original page 25 SECTION 3 - DESCRIPTION OF SERVICE AND RATES General XMT3 offers direct dialed, inbound toll free service, travel card and directory assistance services for communications originating and terminating within the State of Idaho under terms of this tariff. Operator Services will be furnished by XMT3's underlying carrier. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 26 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT' Calculation of Distance Usage charges for all mileage sensitive products are based on the airline distance between serving wire centers associated with the originating and terminating points of the call. The serving wire centers of a call are determined by the area codes and exchanges of the origination and destination points. The distance between the Wire Center of the Customer s equipment and that of the destination point is calculated by using the industry standard "V" and "H" coordinates. Step 1 - Step 2 - Step 3 - Step 4 - Step 5 - Step 6 - Formula: Obtain the "V" and "H" coordinates for the Wire Centers serving the Customer and the destination point. Obtain the difference between the "V" coordinates of each of the Wire Centers. Obtain the Difference between the "H" coordinates Square the differences obtained in Step 2 Add the squares of the "V" difference and "H" difference obtained in Step 3. Divide the sum of the square obtained in Step 4 by ten (10). Round to the next higher whole number if any fraction results from the division. Obtain the square root of the whole number obtained in Step 5. Round to the next higher whole number if any fraction is obtained. This is the distance between the Wire Centers. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC Original Page 27 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT' Timing of Calls Billing for calls placed over the network is based in part on the duration of the call. 3.3.Timing for all calls begins when the called party answers the call (Le. when two way communications are established.) Answer detection is based on standard industry answer detection methods, including hardware and software answer detection. 3.3.Chargeable time for all calls ends when one of the parties disconnects from the call. 3.3.3 Minimum call duration and call timing increments for billing purposes is specified on a per- product basis in this tariff. 3.3.Usage charges are computed and rounded up to the nearest penny on a per call basis. 3.3.There is no billing applied for incomplete calls. Rate Periods The Companys services are not time of day or day of week sensitive. The same rates apply 24 hours per day, seven (7) days per week. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 28 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT') 3.Direct Dial 1 + Service Direct Dial 1 + Service allows Customers to make + direct dialed calls ftom presubscribed switched or dedicated access lines. This service is available from equal access end offices only. Direct Dial Switched Silver Service Direct Dial Switched Silver Service allows Customers to make 1 + direct dialed calls ftom pre subscribed switched access lines. This service is available ftom equal access end offices only. Customers access the service via switched access lines. All Customers are eligible to subscribe to this service. F or billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. Per minute rate:$ 0.035 Direct Dial Switched Gold Service Direct Dial Switched Gold Service allows Customers to make 1 + direct dialed calls from pre subscribed switched access lines. This service is available ftom equal access end offices only. Customers access the service via switched access lines. All XMT3 local exchange Customers are eligible to subscribe to this service. For billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. Per minute rate:$ 0. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPse 1 Original Page 29 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT') 3. (Cont' Direct Dial! + Service, Dedicated Direct Dial Service Dedicated Direct Dial Service allows Customers to make 1 + direct dialed calls. Customers access the service via dedicated or special access T-l (1.544 Mbps) lines. Service is available only where T -1 access is available. The Customer is responsible for payment charges associated with the dedicated T -1 circuit. Such charges are normally billed by and paid directly to the access provider (i.e. local exchange carrier). All Customers are eligible to subscribe to this service. F or billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of six (6) seconds. Per minute rate:$ 0. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPse Original Page 30 SECTION 3 - DESCRIPTION OF SERVICE ANT) RATES, (CONT' Inbound Toll Free (Le. 800/888) Service Inbound Toll Free Service provides an inbound toll free calling service to XMT3 Customers. The XMT3 Customer is billed for each toll free call, rather than the call originator. Toll free calls may originated from any location throughout the continental United States. Calls terminate to the XMT3 toll free Customer via switched or dedicated access lines. Inbound Switched Silver Service Inbound Switched Silver Service provides an in-bound toll free calling service to XMT3 Customers. Calls terminate to the XMT3 Toll Free Customer via switched access lines. All Customers are eligible to subscribe to this service. F or billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. Per minute rate:$ 0. Inbound Switched Gold Service Inbound Switched Silver Service provides an in-bound Toll Free calling service to XMT3 Customers. Calls terminate to the XMT3 Toll Free Customer via switched access lines. All ofXMT3's local exchange Customers are eligible to subscribe to this service. F or billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. Per minute rate $ 0. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 31 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT') 3. Inbound Toll Free (i.e. 800/888) Service, (Cont'd) 3.Dedicated Toll Free Service Dedicated Toll Free Service calls terminate to the XMT3 Toll Free Customer via dedicated T -1 (1.544) access lines. Service is available only where T -1 access is available. The Customer is responsible for payment charges associated with the dedicated T -1 circuit. Such charges are normally billed by and paid directly to the access provider (i.e. local exchange carrier). All XMT3's Customers are eligible to subscribe to this service. F or billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of six (6) seconds. Per minute rate:$ 0. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPse Original Page 32 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT') 3. Travel Card XMT3's Travel Card provide telecommunications services and optional enhanced service to customers while traveling away from the office or home. Customers must dial a Toil-Free (Le. 800/888) access number followed by their authorization code to make a call or use the service. A monthly credit limit will be assigned to each card for fraud protection. Customers have the option of raising or lowering the limit amount to best suit their calling practices. For billing purposes, call timing is rounded up to the nearest one (1) minute increment after the initial minimum period of one (1) minute. Per minute rate:$0.189 A $0.25 per call surcharge applies to each call. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877 -649-1617 IPSC Original Page 33 SECTION 3 - DESCRIPTION OF SERVICE AND RATES, (CONT' Casual Calling Service Casual Calling Service allows end users to obtain XMT3 service and become Customers of XMT3 without the necessity of pre subscription of their local lines. Customers utilizing Casual Calling Service shall access XMT3 by dialing an access code in the fonn of 10XXX or 101XXXX, where "X" is a 3 or 4 digit Carrier Identification Code (CIC) assigned to Carrier and provided to Customer. When dialing, the access code shall be followed by the nonnal sequence of +Area Code+Number. Calls placed using Casual Calling Service are billed to Customer through the serving Local Exchange Carrier. Casual Calling Silver Service For billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. All calls 20 minutes or more in duration All calls less than 20 minutes in duration Per Minute Rate $ 0.10 $0.10 Casual Calling Gold Service All ofXMT3' s local exchange Customers making Casual Calls receive the rates noted below. For billing purposes, call timing is rounded up to the nearest six (6) second increment after the initial minimum period of eighteen (18) seconds. All calls 20 minutes or more in duration All calls less than 20 minutes in duration Per Minute Rate $ 0.10 $ 0.10 Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 34 SECTION 3 - DESCRIPTION OF SERVICE AND RATES (CONT' Public Telephone Surcharge In order to recover the Company s expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company s services. This surcharge, which is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with the Company s service applies for the use of the instrument used to access the Company service and is unrelated to the Company s service accessed from the pay telephone. Pay telephones include coin-operated and coinless phones owned by local telephone companies independent companies and other interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (Le., using the "#" symbol). Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained infonnation from a carrier that the originating station is an eligible pay telephone. The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Per Call Surcharge:$0. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 877 -649-1617 IPSC Original Page 35 SECTION 4 - MISCELLANEOUS Late Payment Charge A late fee of 1.5% per month will be charged on any past due balance. Return Check Charge A return check charge of $20.00 will be assessed for checks returned for insufficient funds. Any applicable return check charges will be assessed according to the terms and conditions of this Price List and pursuant to Idaho law and Commission regulations, 4.3 Directory Assistance Directory Assistance is available to Customers of XMT3 service. A Directory Assistance charge applies to each call to the Directory Assistance Bureau. Up to two requests may be made on each call to Directory Assistance. The Directory Assistance charge applies to each call regardless of whether the Directory Assistance Bureau is able to furnish the requested telephone number. Directory Assistance, Per Call $ 1.40 Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC Original Page 36 SECTION 5 - PROMOTIONS 5.1 Promotions - General From time to time the Company shall, at its option, promote subscription or stimulate network usage by offering to waive some of all of the nonrecurring or recurring charges for the Customer (if eligible) of target services for a limited duration, not to exceed 90 days, or by offering premiums or refunds of equivalent value. Such promotions shall be made available to all similarly situated Customers in the target market area. All promotions will be filed with and approved by the Commission prior to offering them to Customers. Demonstration of Calls From time to time the Company shall demonstrate service by providing free test calls of up to four minutes duration over its network. Extreme Media Technologies, Inc. 280 N Maple Grove Rd Boise, Idaho 83704 877-649-1617 IPSC 1 Original Page 37 Contract Senrices XMT3 will offer its IP Centrex service under a 12 month agreement or month to month. XMT3 resells wholesale services from Qwest, and Global Crossings. Those services can be offered in the following formats: Month to Month, 36 months, and 60 months. . CONFIDENTIAL ATTACHMENTS