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HomeMy WebLinkAbout20180329Application - Revised.pdfAMERItrAN fllllllllll| tr LEtr ldaho Pu-blic Utilities Commission Off ic^e _of the SecretaryRECEIVED MAR 2 I 2018 Boise,ldaho 28 March 2018 Diane Hanian Commissions Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise,lD 83720-0074 F6t'T-l8-ol Dear Ms Hanian: We would like to withdraw our earlier application dated 19 February 2018 and submit the following application in its place. The application is for: Fiber Broadband LLC. dba Tru Fiber for a Certificate of Public Convenience and Necessity for to operate in the state of Idaho as a Competitive Local Exchange Carrier (CLEC). We are available to respond to any questions that the Commission or Commission Staff may have regarding our application. Please address all inquiries to: Michael Tague American CLEC tague@AmericanCLEC.com 502-387-6800 Sincerely, h*lJ www.AmericanCLEC.com P.O. Box,ll 89 . Louisville, Kentucky 402(X-01 89 502-815-7 17 1 . FAX 502-81 5-7001 Michael Tague APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TRU FIBER ASA COMPETITIVE LOCAL EXCHANGE CARRIER 28 MARCH 2018 SUBMITED BY MICHAEL TAGUE 502-387-6800 TAGUE@AMERTCANCLEC.COM l. Proposed Services Tru Fiber which is a dba name for Fiber Broadband L.L.C. plans to deploy a fiber network to support Local Exchange Services and high-speed lnternet services throughout Southeast ldaho including: Pocatello, Blackfoot, ldaho Falls, and Rexburg. We are seeking authorization to operate throughout the state so that we can readily expand our service areas and pursue business opportunities where they occur. We will be operating as a Facilities Based CLEC and plan to obtain an lnterconnection agreement with CenturyLink to support our deployment of Local Exchange Services and lnternet services. The principals of Tru Fiber are largely the same as the earlier Optix Media, an ldaho PUC approved CLEC with CPCN, which operated since 2012 and provided similar services but was recently sold. 11. Form of Business Company name and principal place of business: dba Tru Fiber Fiber Broadband LLC 620 Pheasant Ridge Dr Chubbuck,lD 83202 The company is a Limited Liability Company organized in the State of ldaho, 25 July 2016. A copy of its ldaho Certificate of Organization in attached in Exhibit A. The registered agent is: Kenneth Pfannenstiel 620 Pheasant Ridge Dr. Chubbuck, lD 83202 Name and Address Ownership Percentaqe Votinq Percentaqe Kenneth Pfannenstiel 2390 Duskview Ct. Pocatello, lD 83201 15o/o 15% Brad Barrott 5951 W Pocatello Creek Rd. Pocatello, ID 83201 15o/o 15o/o Darren Miller 1355 Granite Dr. Pocatello, lD 83201 23113o/o 23113% Brad McSpadden 7964 Prospector Hollow Pocatello, !D 83201 231t3%23113% Shane Mouton 314 S. 1Oth Ave Pocatello. ID 83204 231t3%23113o/o The five owners of the company: The owners are all members of the LLC. The company has no subsidiaries. lll. Telecommunications Service Tru Fiber plans to begin building its network within 90 days of having relevant Commission approval and appropriate lnterconnection/Structures Agreement in place. Tru Fiber will initially offer optically based Telephone Service including both Analog telephone service and digital PBX services as well as broadband lnternet services. lV. Service Territory lnitial service territories will be: Pocatello Blackfoot ldaho Falls Rexburg and surrounding areas where CenturyLink is the incumbent. Fiber facilities will be deployed by Tru Fiber and services will be provided across these fiber facilities. The company's principal competitors in the area are Cable One and CenturyLink. V. Financial lnformation Tru Fiber is new and so we just have one full year financials which are for 2017. We have also included the financials of Optix Media for 2016 as a predecessor organization where 3 of 4 Optix Media owners are now owners of Fiber Broadband carrying forward expertise and financial resources. Financials are provided in Exhibit B. Vl. "lllustrative" Tariff Filing Our lllustrative Tariff is included as Exhibit C Vll. Customer Contacts Customer lnquiries and Complaints Contact: Tru Fiber 620 Pheasant Ridge Dr Chubbuck, ID 83202 Customer Service 208-9044888 Direct 888-31 3-1 61 6 Toll-Free support@MyTru Fiber. com Commission Contact Kenny Pfannenstiel 208-244-1175 kennv@MvTruFiber.com Vlll. Interconnection Agreements Tru Fiber plans to initiate interconnection negotiations as soon as this application is submitted and expects to complete these negotiations in 30 to 60 days. lX. Compliance with Commission Rules The applicant has reviewed allthe Commission rules and agrees to comply with them X. Escrow Account or Security Bond Tru Fiber does not require advance deposits of its customers. CERTI FICATE OF ORGANIZATION LIMITED LIABILITY GOMPANY Title 30, Chapters 21 and 25, ldaho Code Filing fee: $100 $ped, $120 not typed Complete and submit the application in duplicate. FILED EFFECTIVE m6 .U. 25 lil * q2 'ugm[l?fof,B"1 The name of the limited liability company is: Fiber Broadband LLC (Remember to include the words "Limited Liability Company," "Limited Company." or the abbreviations L.L.C., LLC, or LC) 2 The complete street and mailing addresses of the principal offtce is: 620 Pheasant Ridge Dr. Chubbuck lD 83202 (Street Address) 3 (t\railing Address, if different) The name of the registered agent and the street address of the registered agent: Kenneth Pfannenstiel 620 Pheasant Ridge Dr. Chubbuck lD 83202 (Name)(Address cannot be a post office box or postal mail box.) 4. The name and address of at least one governor of the limited liability company: Brad McSpadden 620 Pheasant Ridge Dr. Chubbuck lD 83202 (tramef Bradley Barrott (Address) 620 Pheasant Ridge Dr. Chubbuck lD 83202 (Name) Darren Miller (Address) 620 Pheasant Ridge Dr.Chubbuck lD 83202 (Name) Shane Molton (Address) 620 Pheasant Ridge Dr.Chubbuck lD 83202 (Name)(Address) 5. Mailing address for future conespondence (annual report notices): 620 Pheasant Ridge Dr. Chubbuck lD 83202 (Address) Signature of organizer(s) Signature: Printed Name: Secretary of State use only XDIHO EECRETARY OF STrrTE 07 1?'51"016 o5: o0 LE:30{68 trT:185281 EH:1539013 1g 100-00 = lOU-08 ORGAMLC #2 Signature: Printed Name:W/bq57b FIBER BROAOBAND, LLC dba TRU FIBER Fifrer FwaxcnL SraremENTS - lNcomE Tax Basrc FonrHEYeans Eruoeo DecEi,tBen 31 ,2417 AND 201 6 exo lxoepENoExr AccouNTANTs' CompLATION REPORT rIEER BROADBAND. L Table of Contents lndependent Accountants' Compilation Report. Financial Statements: 1 Statements of Assets, Liabilities and Members' Deficit - lncome Tax Basis ... ... ...2 Statements of Revenues and Expenses - lncome Tax Basis 4 Statements of Changes in Members' Deficit - lncome Tax Basis ..........5 Cooper Norman CPAs & BUSINESS ADVISORS {{{ flespllAL \rusy Sure 555 Pocareluo, lo*ro 83201 208.232.6006 I 208.232.6007 Fnx www.coopernorman.com INDEPENDENT ACGOU To Management Fiber Broadband LLC dba Tru Fiber Chubbuck, lD Management is responsible for the accompanying financial statements of Fiber Broadband LLC dba Tru Fiber (a partnership), which comprise the statements of assets, liabilities, and members' deficit - income tax basis as of December 31, 2017 and 2016, and the related statements of revenues and expenses - income tax basis and changes in members' deficit - income tax basis for the years then ended in accordance with the tax basis of accounting, and for determining that the income tax basis of accounting is an acceptable financial reporting framework. We have performed compilation engagements in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on these financial statements. The financial statements are prepared in accordance with the income tax basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. Management has elected to omit substantially all the disclosures ordinarily included in financial statements prepared in accordance with the tax basis of accounting. lf the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities, equity, revenue, and expenses. Accordingly, the financial statements are not designed for those who are not informed about such matters. C#f /Lr4"r^*q Pocatello, ldaho January 20,2018 integri 1 Stexpenence STATEMENTS OF ASSETS, LIABILITIES, AND EQUITY. INCOME TAX BASIS DECEMBER 31, 2017 AND 2016 ASSETS 2017 2016 2 CURRENT ASSETS. Cash $ 71,243 $17,843 PROPERW, PLANT, AND EQUIPMENT Machinery and equipment Transportation equipment Data and broadband equipment 1,050,320 143,226 298,486 491,058 143,226 86,636 1,492,032 720,920 Less accumulated depreciation (524,607',)(335,441) Property, plant, and equipment - net 967,425 385,479 TOTAL $ 1,038,668 $ 403,322 LIABILITIES AND MEMBERS' DEFICIT 2017 2016 LONG-TERM DEBT. Notes payable - net of unamortized debt issuance costs $ 't,946,923 $ 877,467 MEMBERS'DEFICIT (908,255)(474,145) TOTAL $ r,038,668 $ 403,322 See lndependent Accountants' Compilation Report. 3 STATEMENTS OF REVENUES AND EXPENSES . INCOME TAX BASIS FOR THE YEARS ENDED DECEMBER 31, 2017 AND 2016 Percent 2017 Revenue 2016 See lndependent Accountants' Compilation Report. 4 of Percent of Revenue REVENUE $ 364,868 100.00% $ 29,048 100.007o COST OF SALES: Labor Depreciation Materials 668,970 189,166 50,272 183% 52% 14o/o 3,344 335,441 99,822 11.51% 1154.78o/o 343.65% Total cost of sales 908,408 248.970/o 438,607 1509.940/o GROSS LOSS (543,540) -148.97o/o (409,559) -1409.94o/o OPERATING EXPENSES: Auto lnsurance Repairs and maintenance Bank charges Utilities Professional fees Advertising Amortization Telephone Meals and entertainment Postage 29,442 27,186 18,940 10,757 1 0,168 7,120 5,980 3,429 562 182 156 8.07o/o 7.45o/o 5.19o/o 2.95o/o 2.79% 1.95% 1.640/o 0.94o/o 0.15o/o 0.05% 0.04o/o 26,844 4,057 2,516 6,686 1,015 293 9,402 1,429 5 22 120 92.41% 13.97o/o 8.66% 23.02Yo 3.49% 1.01To 32.37Yo 4.92o/o 0.02To 0.08% 0.41o/o Total operating expenses OTHER EXPENSE. lnterest expense (77 ,846) -21.34o/o (12,197\ 41.99o/o Total other expense (77,846) -21.34%(12,197) 41.99Yo NET LOSS $ (735,308) -20't.53o/o $ (474,145) -1632.280 52113,922 31.22o/o STATEMENTS OF CHANGES IN MEi'BERS'DEFICIT - INCOME TAX BASIS FOR THE YEARS ENDED DECEMBER 31, 2017 AND 2016 See lndependent Accountants' Compilation Report. 5 BALANCE AT JANUARY 1, 2016 NET LOSS (474,145) BALANGE AT DECEMBER 31,2016 $ (474,145) NET LOSS (735,308) CONTRIBUTIONS 326,1 98 DISTRIBUTIONS (2s,000) BALANCE AT DECEMBER 31, 2017 $ (908,255) $0 OPTIX MEDIA GROUP COMBINED CoilrstNED Ftxancnu SrerEmENT Fon rHE Yean Exoeo DecemBER 31, 2016 ANO IxoepeNDENT AccouNTANTS' CouprlATron Reponr h Table of Contents lndependent Accountants' Compilation Report Financial Statements: Combined Balance Sheet 1 Combined Statement of Operations . 2 3 4 5 7 Combined Statement of Members' Equity Combined Statement of Cash Flows Notes to Financial Statements ............. Supplementary lnformation : Schedule 1 - Combining Balance Sheets 12 Schedule 2 - Combining Statements of Operations Schedule 3 - Combining Statements of Changes in Members' Equity.. ..... 13 14 Cooper Norman CPAs & BUSINESS ADVISORS {{{ f{esp1re1 lJ,tuv Sure 555 Pocnrrrlo, loaxo 83201 208.232.6006 [ 208.232.6007 Fnx www.coopernorman.com I To the Members of Optix Media Group Combined Pocatello, ldaho Management is responsible forthe accompanying combined financialstatements of Optix Media, LLC, Optix Holdings, LLC, and Network Construction, LLC (Optix Media Group Combined) which comprise the combined balance sheet as of December 31, 2016 and the related combined statement of operations, members' equity, and cash flows for the year then ended, and the related notes to the combined financial statements in accordance with accounting principles generally accepted in the United States of America. We have performed compilation engagements in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on these combined financial statements. The accompanying supplementary information contained in Schedules 1, 2, and 3 are presented for purposes of additiona! analysis and are not a required part of the basic financial statements. Such information is the responsibility of management. We have not audited or reviewed the supplementary information and do not express an opinion, a conclusion, nor provide any form of assurance on such supplementary information. bf^ fir4'fri** Pocatello, ldaho May 11,2017 rntegrl 1 texpenence COMBINED BALANCE SHEET DECEMBER 31,2016 ASSETS LIABILITIES AND MEMBERS' EQUITY See lndependent Accountants' Compilation Report and Notes to the Financial Statements. 2 CURRENTASSETS: Cash Accounts receivable lnventory Note receivable - related party $162,779 119,584 55,299 252,000 Total current assets PROPERTY AND EQUIPMENT: Land Buildings and improvements Network infrastructure Machinery, equipment and vehicles 121,172 607,566 549,795 1,958,683 3,237.216 Less accumulated depreciation Property and equipment - net TOTAL (583,542) 2,653,674 $ 3,243,336 589 CURRENT LIABILITIES: Accounts payable Line of credit Current portion of notes payable Notes payable - related party $94,193 293 1 53,1 90 254,480 Total current liabilities 502,1 56 LONG.TERM DEBT - Notes payable 734,334 Total long-term debt MEMBERS'EQUITY TOTAL 734,334 2,006,846 336 COMBINED STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31 ,2016 See lndependent Accountants' Compilation Report and Notes to the Financial Statements. 3 REVENUES: Support and maintenance Construction Hardware $ 4,185,775 37,378 5,426 98.99% 0.88% 0.130/o Tota! revenues 4,228,579 100.00% COST OF SALES 1,285,785 30.41% GROSS PROFIT 2,942,794 69.59% OPERATING EXPENSES 1,761,146 41.65% INCOME FROM OPERATIONS 1,181,648 27.94o/o OTHER EXPENSE 91,556 2.',170/o NET INCOME 1,090,092 25.780/o Percent of Sales COMBINED STATEMENT OF MEMBERS' EQUITY FOR THE YEAR ENDED DECEMBER 31 ,2016 See lndependent Accountants' Compilation Report and Notes to the Financial Statements. 4 BALANCE AT JANUARY 1,2016 $ 1,058,931 NET INCOME 1,090,092 DISTRIBUTIONS (142,177) BALANCE AT DECEMBER 31,2016 $ 2,006,846 COMBINED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2016 5 OPERATING ACTIVITIES: Cash received from customers $ 4,173,444 Cash paid to suppliers and employees lnterest paid (2,853,304) (e1,022) Net cash provided by operating activities 1.229.118 INVESTING ACTIVITIES - Purchase of property and equipment (961,483) Net cash used by investing activities (961,483) FINANCING ACTIVITIES: Net payments on lines of credit Proceeds from notes payable Payments on notes payable Proceeds from note receivable - related party Payments on notes payable - related party Distributions (82,719) 611,120 (423,518) 252,000 (447,618) (142,177) Net cash used by financing activities NET CHANGE IN CASH CASH AT BEGINNING OF YEAR CASH AT END OF YEAR (232,912\ 34,723 128,056 $162,779 CASH FLOWS FROM OPERATING ACTIVITIES: Net income 1,090,092 Adjustments to reconcile net income to net cash used by operating activities: Depreciation 218,607 Change in assets and liabilities, net of effects from non-cash investing and financing activities: lncrease in assets - Accounts receivable Decrease in liabilities - Accounts payable (s5,135) (24,446) NET CASH FLOWS PROVIDED BY OPERATING ACTIVITIES $ 1,229,118 SUPPLEMENTAL SCHEDULE OF NONCASH INVESTING AND FINANCING ACTIVITIES 2016 Reclass construction in prooress to buildinqs and improvements Buildings and improvements $ 293,537 Construction in progress $293,537 See Independent Accountants' Compilation Report and Notes to the Financial Statements. 6 OPTIX MEDIA GROUP NOTES TO COMBINED FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Operations Optix Media Group (the Company) is the combined group of Optix Media, LLC (Optix), Optix Holdings, LLC (Holdings), and Network Construction, LLC (Network Construction). Optix Media, LLC engineers, installs, and supports high performance wireless internet networks in demanding wireless areas such as apartment complexes, hotels, hospitals, schools, government buildings, and convention centers. Optix Media serves customers throughout ldaho and in a growing number of locations nationwide. Optix Holdings, LLC owns and leases realestate Network Construction, LLC is a utility contractor specializing in underground fiber optic placement utilizing horizontal boring, trenching, and plowing. Basis of Combination The combined financial statements for the year ended December 31,2016, include the accounts of Optix Media, LLC; Optix Holdings, LLC; and Network Construction, LLC. Wtrere applicable, inter-company balances and transactions have been eliminated upon consolidation. Basis of Accountinq The accompanying financialstatements have been prepared on the accrualbasis of accounting in conformitywith accounting principles generally accepted in the United States of America. Revenue is recognized when earned and expenses are recognized as they are incurred. The entities use the cash method of accounting for income tax purposes. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. 7 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Cash The Company considers deposit accounts which are not subject to restrictions or penalties, and highly liquid debt instruments with a maturity of three months or less when purchased to be cash equivalents. At times, such investments may exceed the FDIC insurance limit. Accounts Receivable The Company considers accounts receivable to be fully collectible and no allowance for uncollectable accounts has been recorded. lnventory lnventories consists of supplies and fiber networking components and is stated at the lower of cost or market (first-in, first out method). Propertv and Equioment Property and equipment are stated at historical cost. Depreciation is computed using the straight line method of depreciation for financial reporting purposes. Estimated useful lives and accumulated depreciation are as follows: The Company cannot reasonably estimate the amount of compensation for future absences, and accordingly, no liability has been recorded in the accompanying financial statements. The Company's policy is to recognize the costs of compensated absences when actually paid to the employees. 8 Description Estimated Useful Lives Accumulated Depreciation Buildings and improvements Network infrastructure Machinery, equipment and vehicles Total 15-39 30 5-15 22,535 30,923 530,084 $ 583,542 $ Advertisinq Advertising costs are charged to operations as they are incurred. Comoensated Absences 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED lncome Taxes The Company consists of pass through entities (limited liability companies) for income tax purposes. As such, the income is distributed for income tax purposes to the owners and any income taxes due are paid by the respective owners. Accordingly, no provision for income taxes has been made in the accompanying financial statements, expect for annual minimum state taxes paid by the and respective LLC. Under ASC 740-10-50 this is considered an income tax position subject to evaluation regarding the possibility of the position being overturned upon examination by a taxing authority. Management believes this position will not be overturned. No interest or penalties related to income taxes have been recognized in the statement of operations or statements of financial position. The Group uses a calendar year end for income tax reporting purposes, and tax years back to and including the tax year ended December 31 , 2013 are subject to examination by major taxing ju risdictions. Subsequent Events The Company has evaluated all subsequent events through May 1 1,2017, the date the financial statements were available to be issued. 2. OPERATING LINE OF CREDIT Optix Media, LLC has a $250,000 revolving line-of-credit with Citizens Community Bank. lnterest rates on these lines of credit are variable. The interest rate as of December 31, 2016 was 5.75o/o. The line of credit is secured by the business assets of Optix. The loan matures on July 1,2017. 9 3. LONG-TERM DEBT Long-term debt consists of the following notes payable: Optix Media: Citizens Community Bank - Note payable in monthly installments of $481, including interest of 4.5o/o. The note matures June 20, 2019. A HyundaiAccent is pledged as collateral. E Optix Holdings: Citizens Community Bank: Note payable in monthly installments of $2,056 including interest of 4.So/o.The note matures July 22, 2023. Realestate is pledged as collateral. Note payable in monthly installments of $2,950 including interest of 4.45%.fhe note matures April 21, 2031. Real estate is pledged as collateral. Network Gonstruction: Citizens Community Bank: Note payable in monthly installments of $1,sil including interest of 4.$o/o.The note matures December 20,2018. Equipment is pledged as collateral. Note payable in monthly installments of $1,845 including interest of 5.0%.The note matures May 20, 2019. Equipment is pledged as collateral. Note payable in monthly installments of $2,829 including interest of 5.0%.The note matures October 20,2019. Equipment is pledged as collateral. Note payable in monthly installments of $3,952 including interest of 5.0%.The note matures February 20,2021. Equipment is pledged as collateral. Total Less current portion Long-term debt 10 13,984 142,974 376,619 35,685 51,050 89,438 177 774 887,524 (153,190) $ 7U,334 3 LONG.TERM DEBT, CONTINUED Principa! maturities are as follows: Year ended December 31. 2017 2018 2019 2020 2021 and thereafter $153,190 157,382 125,442 89,034 362,477 Total $ 887,524 4, RELATED PARTY TRANSACTIONS Note Receivable - Related Partv Fiber Broadband, LLC dba Tru Fiber is a related party through common ownership. During 2016, Optix Media, LLC paid expenses incurred by Tru Fiber for employee Ieasing costs. As a result, Optix holds a receivable due from Tru Fiber in the amount of $252,000 as of December 31, 2016. There are currently no stated terms for this receivable. The Company expects to collect this receivable within the next twelve months. Notes Pavable - Related Partv Optix Media, LLC has notes payable to the members of the Company. The notes are payable in total monthly installments of $44,876, including interest at 10%. The notes mature June 23, 2017. The notes are unsecured. Other Related Partv Transactions Data Solutions, lnc. is owned by the members of the Company. Data Solutions provides employee leasing to the Company. The Company paid Data Solutions $506,264 during 2016 for employee leasing costs. 11 OPTIX MEDIA GROUP GOMBINED SU PPLEM ENTARY I N FORMATION todoEcogoEoo c9ocF5o c@Ecoo E;o6 @oo^o$o{ @ o@o-o@sr oo$-(ooN e rtoF-(oNooi o oo#EO =o!E6.;i EEe H* -i = i6 -Y o ur E-d-vc Eii 6 r, F6 lrjo 6 EF EO F ITIri!5 o>z =^lUi= {o seN NNo-o\tN jNN. o @o\6 ooooooo@ -- (\'l e- t-$ o$o ooTN o@$-$oN -!9oo>>i8E6-.. a6ffi PEFO hE -OJdc-- Etsr€arsExd' F E*= qfri3sEOZdcfOu.<J.ozlo ooON NO ooS-oo6i r-o @\tN- D o o oooort- c.loI.- a (oo-ooa @oN- @NN N $_o o- oN o st-@- o6@- N oNN.oo* ooo{ @oN oN.\ro$- ooE =EiD = .!2;'9.6EE EE E-looEUO=PoE'63EB9'=ofiPBEE !d-oecrE.A il EP.=odaE E sdE8-9 ot\to_o@@ s@_oo bon-olN @@ oN<. 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F-o, t*O_ -_ONo) !to r.-$_soN oot'- (O O$lrro$oONC! rt@o$$- @_l-- @(\INo, (f) Eo9At FoiNioJG,!Ul?oa=I lrJ2(J = z e H l,, q-trl/,UER?UzU-=2I Z E E Toozcl0 @sc!(")(O N$-rtoN o UIzo =oo ozoF z =J IJJ zo Ei.o; =alr, (,,z2oo o =gLEod T (? UI foluIoo xsFOL I.IJo= F@ dnlu;'Oo ud,Lu lrltr6 ==uJ uJ =oXHIo EH Hfi<tF<(, u.i9)zu ExoEo Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalTitle Page LOCAL EXCHANGE SERVICES TARIFF IDAHO LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES TARIFF TRU FIBER OF lssued by: Effective: TBDlssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 2 LOCAL EXCHANGE SERVICES TARIFF CHECK SHEET Current pages in the price list are as follows Paqe Revision Page Revision Page Revision l6 t7 l8 l9 20 2l 22 23 24 25 26 27 28 29 30 Title 2 J 4 5 6 7 8 9 l0 ll t2 l3 t4 l5 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 3l 32 JJ 34 35 Original Original Original Original Original lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 3 LOCAL EXCHANGE SERVICES TARIFF Contents APPLICATION OF PRICE LIST ..........5 EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST. CONTACT INFORMATION 5 ....6 1.0 DEFINITIONS .............7 2.0 REGULAT|ONS............................... 10 2.l Undertaking of the Company 10 2.2 Shortage of Equipment or Facilities 11 2.3 Selection of Transmission.............. ......11 2.4 Notification of Service-Affecting Activities LI 2.5 Provision of Equipment and Facilities 12 2.7 Non-routine lnstallation and Special Construction 13 2.8 Ownership of Facilities .................... 14 2.9 Rights-of-Way ............... 14 2.12 Conflicts Between Price List and Commission Rules 1.4 15 77 18 19 2.13 Allowances for lnterruptions in Service 2.14 Obligations of the Customer 2.15 Prohibited Uses 2.15 Payments 2.17 faxes, Charges, Fees ....2L 2.19 Refusal or Termination of Services..................22 2.20 Restoration of Service ....27 .........28 2.23 EgtL ............. 28 lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 4 LOCAL EXCHANGE SERVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 29 29 30 33 33 34 34 3.l General 3.2 Service Descriptions 4.0 OTHER SERVICES 5.0 RATES AND CHARGES 5.1 Local Exchange Service 3s5 lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 5 LOCAL EXCHANGE SERVICES TAR]FF APPLICATION OF PRICE LIST Tru Fiber, the doing-business-as name for Fiber Broadband LLC (hereinafter "The Company") has been authorized by the Idaho Public Utilities Commission (ldaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential customers within the State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the ldaho PUC. EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST Indicates a changed listing, rule, or condition, which may affect rates or charges Indicates discontinued material, including a listing, rate, rule or condition Indicates an increase Indicates that the material has been relocated to-another part of price list schedules with no change in text, rate, rule or condition Indicates new material including listing, rate, rule or condition Indicates a reduction Indicates reissued matter Indicates a change in wording of text, but not a change in rate, rule or condition. C D I M N R S T lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD The following symbols shall be used as set out below to describe specific changes made to the original price list. Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 6 LOCAL EXCHANGE SERVICES TARIFF CONTACT INFORMATION Tru Fiber 620 Pheasant Ridge Dr. Chubbuck, ID 83202 Phone: 208-904-4888 Toll Free: 888-31 3-l 6l 6 support@MyTruF i ber.com Customer Contact - For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 888-3 13-161 6 Maintenance: 888-3 I 3-l 6 I 6 Commission Contact - For complaints, inquiries and matters conceming rates and price lists Matters concerning customer service: Customer Service (or Brad McSpadden) Phone: 208-904-4888 Toll-Free: 888-3 l3-l 61 6 Email : support@MyTruF iber.com Matters concerning tariffs and regulatory affairs: Kenny Pfannenstiel Member Phone: 208-904-4888 Toll-Free: 888-3 I 3-l 6 l6 Email : kenny@MyTruFiber.com lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPageT LOCAL EXCHANGE SERVICES TARIFF 1.0 DEFINITIONS The following words and terrns when used in this price list shall have the meaning set out by this section. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Authorized User: A person, firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 LOCAL EXCHANGE SERVICES TARIFF 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. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day following the 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. ldaho Tariff No. 1 Original Page 8 lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 9 LOCAL EXCHANGE SERVICES TARIFF 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 10 LOCAL EXCHANGE SERVICES TARIFF 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.l.l.l 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 :urangements 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 .l .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-four hours a day, seven days a week. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 11 LOCAL EXCHANGE SERVICES TARIFF 2.2 Shortage of Equipment or 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 The Company's facilities or other carrier's facilities as may be determined by The Company. 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modiff or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 2.4 Notifi cation of Servi ce-Affecting Activiti es 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' seryices. No specific advance notification period is applicable to all service-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPage 12 LOCAL EXCHANGE SERVICES TARIFF 2.5 Provision of Equipment and 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. 2.5.2The 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. 2.6.2This 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 13 LOCAL EXCHANGE SERVICES TARIFF 2.7 Non-routine Installation and Special Construction 2.7. I Non-Routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost 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 normally utilize in the furnishing of its service; (c) over a route other than that which the Company would normally utilize in the fumishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the furnishing of its services; (e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company's other Customers and contractual responsibi lities. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 14 LOCAL EXCHANGE SERVICES TARIFF 2.8 Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will permit. 2.9 Rights-of-Way Provisioning of the Company's services is subject to and contingent upon the Company's ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. 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 conflicting tariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 15 LOCAL EXCHANGE SERVICES TARIFF 2.13 Allowances for Interruptions in Service A credit allowance will be given for intemrptions of service, subject to the provisions of this section. 2.13-l Credit for Service Intemrptions A credit allowance will be made when an interruption in service occurs. An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An intemrption period begins when the Customer reports a circuit, service or facility to be intemrpted and releases it for testing. 2.13 .1. I The Company must restore service: within sixteen ( I 6) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 2.13-1.2 within 24 hours after the report of the outage if no emergency exists 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m on the following Monday, whichever is sooner. 2.13.1.4If the Company does not restore service within the times required by this paragraph, the Company will credit the customer's account for an amount equal to the monthly rate for one ( I ) month of basic local exchange service. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 15 LOCAL EXCHANGE SERVICES TARIFF 2.13.2 Limitations on Allowances No credit allowance will be made for: 2.13.2.1 intemrptions 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 intemrptions 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 intemrptions; 2.13.2.3 intemrptions 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 intemrption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 17 LOCAL EXCHANGE SERVICES TARIFF 2.L4 Obligations of 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 equipment to Company-owned facilities and equipment. 2.14.3If 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 noti$ the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notiff the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 18 LOCAL EXCHANGE SERVICES TARIFF 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.l5.1Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a) Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b) Using service in such a way that it interferes unreasonably with the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use 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 including but 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD 2.16 Payments 2.16.1 Customer Obligations 2.16.1.1 The Customer shallpay outstanding charges in full within 30 days of the invoice date. Charges normally will be invoiced in advance, with monthly recurring charges invoiced on or about the first of the month for which the charges apply. Amounts not paid within 30 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 billing and 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 proximately caused by the Company's willful or negligent act. 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion 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 31.41.01.204 to challenge any billing amount due or paid to the Company. 2.16.2.2In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission P.O. Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) l-800-432-0369 (from outside the local calling area) Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPage 19 LOCAL EXCHANGE SERVICES TARIFF lssued: TBD lssued by Effective: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 20 LOCAL EXCHANGE SERVICES TARIFF 2.1 6.3 Payment Arrangements 2.16.3.1When 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. 2.16.3.2In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer's ability to pay, the size of the unpaid balance, the Customer's payment history and length 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. Such payments shall be applied first to the oldest undisputed balances. 2.16.3.4If 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 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 21 LOCAL EXCHANGE SERVICES TARIFF 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, local and county goverrrments, or the Federal govemment. 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. 2.18 Deposits The Company will not require advance deposits. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPage22 LOCAL EXCHANGE SERVICES TARIFF 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. 2.19.1Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 2.19.1.1 the applicant has an outstanding amount due to the Company_for similar utility services and the applicant is unwilling to 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 is known to be in violation of the Company's price lists filed with the Commission; 2.19.1.4 the applicant fails to furnish such funds, suitable facilities, and/or rights- of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 2.19.1.5 the applicant has falsified his/her identity for the purpose of obtaining service. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPage23 LOCAL EXCHANGE SERVICES TARIFF 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 following reasons: 2.19.2.1 for nonpayment of 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 aftempting to use service by rearranging, tampering with, or making connection to the Company's service where not authorized by this price list; (c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or (d) any other fraudulent means or device. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 24 LOCAL EXCHANGE SERVICES TAR]FF 2.19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishing of 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 following reasons: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety, or property exists, or it is necessary to prevent a violation 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 Misrepresentation of Identity. The Customer has misrepresented the Customer's identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any governmental prohibition, 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 25 LOCAL EXCHANGE SERVICES TARIFF 2.19.4 Notice of Disconnection 2.19.4.1 Seven-Day Notice Except as otherwise provided under the provisions of IDAPA31.41.01.303.04 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 3l .41 .01 .306. 2. I 9 .4.2 Twenty-Four-Hour Notice 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. OralNotice willcontain 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 2-19.4.1of this price list, related to Seven-Day Notice. Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBDlssued: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 26 LOCAL EXCHANGE SERVICES TARIFF 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 reasonably incurred 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 OriginalPage2T LOCAL EXCHANGE SERVICES TARIFF 2.20 Restoration of Service 2.20.1A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. 2.2l 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 unreasonably withheld, 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. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 28 LOCAL EXCHANGE SERVICES TARIFF 2.22 Promotions The Company may provide promotional offerings from time to time. The Company will notiff the ldaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. 2.23 Eglr The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E9l l calls. The Company's switches will be equipped with E9l I trunks and all E9l I traffic will be switched by the Company to the incumbent local exchange carrier for routing or to another provider as allowed by the Idaho Public Utilities Commission. 2.24Public 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 lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 29 LOCAL EXCHANGE SERVICES TARIFF 3.0 LOCAL EXCHANGE SERVICES 3.1 General Local Exchange Services 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 9-l-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. lssued by: lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 30 LOCAL EXCHANGE SERVICES TARIFF 3.2 Service Descriptions Local Exchange Service - Telephone Service - is offered to one class of customers: Residential customers The service is classified as residential when none of the following conditions exist: l. The service is furnished at a location of business, trade, or professional practice and where the location is not confined primarily to domestic activities. 2. The directory listing is to be a business listing. 3. The service is sold to a reseller of local exchange service. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 31 LOCAL EXCHANGE SERVlCES TARIFF 3.2. I Residential Service Telephone service is provided to residential customers on a single line, two-way, inbound and outbound basis. Residentialtelephone service includes Touch-Tone dialing and Caller-ID. See Section 5 for Rates. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 32 LOCAL EXCHANGE SERVICES TARIFF 3.2.2 Business Service Business Telephone service is not offered by Tru Fiber lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 620 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 33 LOCAL EXCHANGE SERVICES TARIFF 4.0 OTHER SERVICES 4.1 DSL Loops DSL Loops are copper circuits that deliver high-capacity Asymmetrical Digital Subscriber Line service for the provision of data services including broadband Internet service. See Section 5 for Rates. lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 34 LOCAL EXCHANGE SERV]CES TAR]FF 5.0 RATES AND CHARGES 5.1 Local Exchange Service 5.1.1 Residential Service Description Single Telephone Line Digital line with Voice Mail Non-Recurring Charge S7G.oo $76.00 Monthly Rate S4s.ss Sso.9s lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD Tru Fiber 520 Pheasant Ridge Dr Chubbuck, lD 83202 ldaho Tariff No. 1 Original Page 35 LOCAL EXCHANGE SERVICES TARIFF 5.2 DSL Loops Description 2-Wire DSL Loop (Zone 0.1) 2-Wire DSL Loop (Zone 0.2) 2-Wire DSL Loop (Zone 0.3) Non-Recurring Charge s2s.00 s2s.00 s2s.0o Monthly Rate S18.78 S28.s1 s4S.60 4-Wire DSL Loop (Zone 0.1) 4-Wire DSL Loop (Zone 0.2) 4-Wire DSL Loop (Zone 0.3) s2s.00 S2s.oo s2s.00 s36.84 Sss.eG Sgs.ss lssued: TBD Brad McSpadden, Member Tru Fiber, a dba for Fiber Broadband L.L.C. lssued by: Effective: TBD