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HomeMy WebLinkAbout20140903Amendment.pdf-/--Bracltroor (/- Telecommunications Group i:lEC{:l\/i-i' 20lq SEP -2 PH h: b9 lDAtiO -1",, . uT lLlTl ES CCl,ii.i Iiis IciAugust 27,2014 Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington St. Boise, lD 83702 Ft< c-T-qq'o t RE: Case No.{l Blackfoot Communications, lnc.'s Application for Ceftificate of Public Convenience and Alecessify for Competitive Local Exchange and lnterexchange Telecommunications Senrice & Fretel Communications, LLC Notice of Merger Dear Ms. Jewell: On August 15,2014, Blackfoot Communications, lnc. ("Blackfoot") and Fretel Communications, LLC ("Fretel") submitted an Application for Certificate of Public Convenience and Necessity for Competitive Local Exchange and lnterexchange Telecommunications Service and Notice of Merger. BlackfooUFrete! submitted this pleading in anticipation of Fretel being merged into Blackfoot effective October 1,2014, As explained in the application, Fretel and Blackfoot are both wholly owned subsidiaries of BTC Holdings, lnc. Fretel is a CLEC serving business customers in ldaho and Montana; Blackfoot is a CLEC serving business and residential customers in Montana. Fretel does business in ldaho as "Fremont Communications." After the merger of Fretel into Blackfoot, Blackfoot will do business in ldaho as "Fremont Communications." Thus, from a customer perspective, the merger will be transparent and will in no way change the way Frete! currently provides service. All existing customer service contacts will remain the same for Fretel's customers after the merger as they are today. Upon the advice of ldaho Public Utilities Commission ("!PUC") Staff, Blackfoot wishes to withdraw its CPCN Application and, instead, simply have Fretel's CPCN transferred to Blackfoot. Fretel's CPCN is number 370. Effective October 1,2014, Fretel will no longer exist as a legal entity and thus will no Ionger be providing any services. lnstead, those services wi!! be provided by Blackfoot. Aftached is Blackfoot's proposed ldaho Price List which wi!! become effective on October 1,2014. l22l North Russell Street, Missoulo, MT 59808 866-541 -5000 www.blockfoot.com Blockfoot Telephone Cooperolive Blockfoot Communicotions Fremont Communicotions TeleSphere Softwore Jean D. Jewell, Secretary ldaho Public Utilities Commission August 27,2014 Page 2 Please contact me if you have any questions regarding this matter. N Sincerely, ^.1. Kon B. Williams Vice President - General Counsel Blackfoot Communications, !nc. Fretel Communications, LLC Enclosure Blackfoot Communications, Inc.Idaho Price List Original Title Page Blackfoot Commturications, Inc. d/b/a Fremont Communications Basic Exchange Local Service Blackfoot Communications, Inc. Toll Free Telephone Number 1.866.541.5000 Idaho Public Utilities Commission 47 2 W . Washington Street Boise, ID 83702-5983 1-800-432-0369 This price list contains the rates, terms and conditions applicable to the sale of basic exchange local service within the state of Idaho provided by Fretel Communications, LLC. lssuedDate: August 15,2014 Issued by: Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Sfreet Missoula, MT 59808 Advice Letter: D-I4-02 Blackfoot Communications, Inc.Idaho Price List Original Page2 l) 2) Table of Contents Definitions, Terms and Abbreviations......... General Rules and Regulations....... 2.1 Undertaking of Fretel Communications, LLC...... 2.2 Limitations...2.3 Use2.4 Payment2.5 Taxes 2.6 Regulatory Fees ............. ................... 5 2.7 Customer Relations RuIes............ ........................... 5 2.8 Establishment and Reestablishment of Credit ........ 5 2.9 Rendering and Payment of Bills ....... 6 2.lO The Corrpany May Offer Discounted Service to Its Emp1oyees................ ....... 6 2.ll Liability of the Company .................. 7 2.12 Provision of Equipment and Facilities .................... 8 2.13 Customer Equipment and Channels...... .................. 8 A) General ......... 8 B) StationEquipment... ...........8 C) Interconnection ofFaci1ities.................... ....................... 9 2.14 Non-routine Installation and Special Construction ....................... 9 A) Non-routine Installation... ........................ 9 B) Special Construction .......... 9 2.15 Ownership of Facilities ..................... 10 2.16 ProhibitedUses.................. ................ l0 2.17 Shortage of Equipment or Facilities.. ...................... 11 Description of Services Offered......... ............ 1l 3.1 General ...................... 12 3.2 Local Calling Area ............. ............... 12 3.3 Exchange Access Line Service ......... 12 3.4 Service Order Charges.................... ......................... 12 3.5 Service Restoration... ......................... 12 3.6 Exchange Access Optional Featues........ ............... 13 A) Directory Listings......... ...... 13 B) Traffic Blocking and Restriction................... ................ 13 l) 9XXBlockingService......... ........ 13 2) l+ and O+ Restriction ................ 13 C) hstallation ......................... 13 l) New Service. ........ 13 2) Transfer Service ........................ 13 Rates for Services Offered......... .................... 14 4.1 Standard Rates............ ....................... 14 4 4 4 4 for Service 3) 4) lssued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 1) Blackfoot Commturications, Inc.ldaho Price List Original Page 3 Definitions, Terms and Abbreviations Company - Whenever used in this price list, company refers to Blackfoot Communications, Inc. dba Fremont Communications unless otherwise specified. Customer - -The person, firm, corporation or govemment unit that orders service and is responsible for the payment of charges and for compliance with company tariff regulations. Basic Local Exchange Service - The provision of access lines to business customers with the associated transmission of two-way interactive switched voice communications within a local exchange area. Basic Local Exchange Rate - The monthly charge imposed by the company for basic local exchange service, but not including any charges resulting from action by a state or federal agency or taxes or surcharges imposed by a governmental body which are separately itemized and billed by the company to its customers. Commission - The Idaho Public Utilities Commission. General Rules and Regulations 2.1 Undertaking of Blackfoot Communications, Inc. dba Fremont Communications The company's services are furnished for basic local exchange service and additional optional services as described in this price list. Any services not described herein are not governed by this price list terms, conditions, rules and rates. Blackfoot Communications, Inc. dba Fremont Communications will install, operate, own and maintain the facilities provided in accordance with the terms and conditions set forth in this price list. The company's services are provided on a monthly basis unless otherwise noted, and are available twenty-four hours per day, seven days a week. 2.2 Limitations 2.2.1 Services are offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this price list. 2) Issued Date: Issued by: August 15,2014 Effective Date: October 1,2014 Michelle Owens Blacldoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 rD-14-01Advice Letter: Blackfoot Communications, Inc.Idaho Price List Original Page4 2.3 2.4 2.2.2 The company reserves the right to intemrpt or limit service when necessitated by conditions beyond its control , or when the customer is using service in violation of provisions of the price list, or in violation of the law. 2.2.3 The company does not undertake to fransmit messages , but offers the use of its facilities when available and will not be liable for errors in toansmission or for a failure to establish connections. 2.2.4 A customer, joint user, or authorized user may not assign or transfer in any ilulnner the service or any rights associated with the service without the written consent of the company. The company will permit customers to transfer their existing service to another entity if the existing customer has paid all charges owed to the company for regulated communications service. Such a transfer will be treated as a disconnection of existing service and installation of new service and non-recurring installation charges as stated in this price list will apply. Use Services provided under this price list may be used for any lawful purpose for which the service is technically suited. Payment for Service All charges due by the customer are payable to the company or any agency duly authorized to receive such payments. Any objections to billed charges must be reported to the company within thirty (30) days of the invoice date. Adjustments to the customer's bill shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. Once service is activated, the customer is liable for the payment of all usage charges for the services provided by the company including any fraudulent use, misuse, or abuse of the customer's service or customer provided equipmant by third parties the customer's employees or the public. Taxes All state and local taxes are listed as separate line items and are not included in the quoted rates. Regulatory Fees All state and federal commission ordered rates, fees, and surcharges except the fee for telecommunications relay services, are listed as separate line items and are not included in quoted rates. 2.5 2.6 lssued Date: Issued by: August 15,2014 Michelle Owens Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Steet Missoula, MT 59808 Effective Date: October 1,2014 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 5 Customer Relations The rules applicable to the company's relationships with its customers are contained in IDAPA 31.41.01 which address the following: - Billing- Denial, restriction and termination of sendce - payment a:rangemants- Complaint procedures - Quality of Service- Miscellaneous provisions Establishment and Reestablishment of Credit The company may conduct a credit investigation of each new customer prior to accepting the seryice application. A customer whose service has been discontinued for nonpayment of bills will be required to reestablish credit before service is restored. The company may require a customer to pay all amounts past due in addition to any service corurection charges. 2.7 2.8 Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 6 2.9 Rardering and Paymurt of Bills Billing of the customer by the company will begin on the seryice commencement date which is the day on which the company notifies the customer that the service or facility is available for use. The service commencement date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the service order. Billing acques through and includes the day that the service, circuit arrangemort or component is discontinued. Customer bills are due and payable on presentation and become delinquent if not paid by the due date on the bill which will be 30 days after the billing date. The customer will be assessed a charge of twenty-five dollars (S25.00) for each check submitted by the customer to the company which a financial institution refuses to honor. A) B) c) 2.t0 2.tt The Company May Offer Discounted Service to Its Employees Liability of the Company A)The liability of the company for damages arising out the fumishing of its services, including, but not limited to: mistakes, omissions, intemrptions, delays, errors, or other defects, representations, or use ofthese services or arising out ofthe failure to furnish the service, whether caused by acts or omission, shall be limited to the extension of allowances for interruption. The extension of such allowances for interruption shall be the sole remedy of the customer and the sole liability of the company. The company will not be liable for any direct indirect, incidortal, special, consequantial, exemplary or punitive damages to the customer as a result of any company service, equipment or facilities, or the acts or omissions or negligance of the company's employees or agents. The company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catasfophes; any law, order, regulation, direction, action, or request of the United States Govemment, or of any other govemment, including state and local governments having or claiming jtrisdiction over the company, or of any departrnent agency, commission, bureau, corporation, or other instrumentality of anyone or more of the federal, state, or local govemments, or of any civil or military authority; national emergencies; insurrections; riots; war; unavailability of rights-of-way or materials; or strikes lock-outs, work stoppages, or other labor difliculties. B) Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, [rc. dba Fremont Communications l22l North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original PageT C) The company shall not be liable for any damages or losses due to the fault or negligance of the customer or due to the failure or malfunction of customer- provided equipment or facilities. D) The company shall be indernnified, defended and held harmless by the customer against any clainr, loss or damage arising from the customer's use of services involving claims for libel, slander, invasion of privacy, or infringement of copyright laws arising from the customer's own communications. E) The entire liability for any claim, loss, damage, or expense from any cause whatsoever shall in no event exceed sums actually paid the company by the customer for the specific services glving rise to the claim. No action or proceeding against the company shall be commenced more than one year after the service is rendered. THE COMPANIY MAKES THIS WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND MAKES NO OTIIER WARRANTY OR REPRESENTATION EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F) The included tarifflanguage does not constitute a determination by the commission that a limitation of liability imposed by the company should be upheld in court of law. Acceptance for filing by the commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 2.12 Provision of Equipment and Facilities A) The company shall use reasonable efforts to make available services to a customer on or before a particular date, subject to the provisions ofan compliance by the customer with the regulations contained in this price list and the availability of facilities and equipment. B) The company shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the customer. The customer may not, nor may the customer permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the company. lssued Date: lssued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 8 C) The company may substitute, change, or rearrange any equipmant or facility at any time as long as the change does not thereby diminish the technical parameters of the service provided the customer. D) Equipment the company provides or installs at the customer premises for use in connection with tlrc seryices the company offers shall not be used for any purpose other than that for which the company provided it. E) The customer shall be responsible for the payments of service charges as set forth herein for visits by the company's agents or employees to the premises of the customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any parly other than the company, including, but not limited to, the customer. F) The company shall not be responsible for the installation operation, or maintenance of any customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the company shall be limited to the fumishing of facilities offered under this tariff and to the maintenance and operation of such facilities. Subject to this responsibility, the company shall not be responsible for: the transmission, or the reception of signals by customer-provided equipment. 2.13 Customer Equipment and Channels A) General A user may transmit or receive information or signals via the facilities of the company. The company's services are designed primarily for the transmission of voice-grade telephonic signals except as otherwise stated in this tariff. A user may transmit any form of signal that is compatible with the company's equipment, but the company does not guarantee that its serwice will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this tariff B. Station Equipment 1) Terminal equipment on the user s premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the user. The user is responsible for the provision of wiring or cable to connect its terminal equipment to the company point of connection. Issued Date: Issued by: August 15,2014 Michelle Owens Blackfoot Communications, Inc. dba Fremont Commtrnications 1221 North Russell Street Missoula, MT 59808 ID-14-01 Effective Date: October 1,2014 Advice Letter: Blackfoot Communications, Inc.Idaho Price List Original Page 9 2) The customer is responsible for ensuring that customer-provided equipment connected to company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on company-provided equipment and wiring by the connection, operation maintenance of such equipment and wiring shall be such as not to cause damage to the company-provided equipment and wiring or lnjury to the company's employees or to other persons. Any additional protecfive equipment required to prevant such damage or rnjury shall be provided by the company at the customer's expense. C. Interconnection of Facilities 1) Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the company used for furnishing communications services and the channels facilities, or equipmurt of others shall be provided at the customer's expense. 2) Commtrnication services may be connected to the services or facilities of other communications carriers only whur authorized by, and accordance with, the terms and conditions of the tariffs of the other communications carriers which are applicable to such connections. 2.14 Non-routine Installation and Special Construction A) 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 ofthe actual labor, material or other costs incurred by or charged to the company will apply. If installation is started during regular business hours into time periods including, but not limited, to weekends, holidays, and/or night hours, additional charges may apply. B) Special Construction Subject to the agreement of the company and to all of the regulations contained in this tarifl special construction of facilities may be undertaken on a reasonable efforts basis at the request of the customer. Special construction is that construction undertaken: lssued Date: Issued by: August 15,2014 Michelle Owens Effective Date: Octobcr 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 10 where facilities are not presently available , and there is no other requirement for the facilities constructed; of a type other than that which the company would normally utilize in the furnishing of its services; 3) over a route other than that which the company would normally the furnishing of its services; 4) in a quantity greater than that which the company would normally utilize in the fumishing of its services; 5) on an expeditedbasis; 6) on a temporary basis until permanant facilities are available 7) involving abnormal costs; or 8) in advance of its normal construction schedule. 2.15 Ownership of Facilities Title to all facilities provided in accordance with this tariff remains in the company, agents or confractors. 2.16 Prohibited Uses A) The services the company offers shall not be used for any unlawful purpose or for any use as to which the customer has not obtained all required govemmental approvals authorizations, licenses, consents and permits. B) The company may require a customer to immediately shut down its transmission of signals if said hansmission is causing interference to others. 1) 2) ul Issued Date: Issued by: August 15,2014 Michelle Owens Effecfive Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Steet Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page I I 2.17 Shortage of Equipment or Facilities The company reserves the right to limit or allocate the use of existing facilities, or of additional facilities offered by the company, when necessary because of lack of facilities, or due to some other cause beyond the company's contol. The fi:rnishing of service under this price list is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the company's facilities, as well as facilities the company may obtain from other carriers to furnish service from time to time, as required, at the sole discretion of the company. 3) Description of Services Offered 3.1 General Exchange access service, as defined for this price list, provides a customer with a telephonic connection to, and a unique telephone ntrnber address on the public switched telecommunications network. Each exchange access service enables users to: 1) make calls to or receive calls from other stations on the public switched telecommunications network; access other services offered by the company as set forth in this price list; access interstate and international calling services; access (at no additional charge) emergency services by dialing 9-1-1; access (at no additional charge) the company's or its conftacted agort for operator services; and access services provided by other common carriers which purchase the company's switched access seryices as provided under the company's filed price lists at the federal and state level. 2) 3) 4) 5) 6) Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Steet Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Commtrnications, Inc.Idaho Price List Original Page 12 Local Calling Area Geographically defined local calling areas are associated with each exchange access service provided pursuant to this section. Unless specifically noted otherwise herein, local calling areas are as specified'in US West Communications, Inc. Basic Local Exchange maps, in effect and as amended from time to time. The rates and charges for local exchange seryice entitle the customer to local calls, without toll charges, to all local exchange access lines corunected to a Central Office of the exchange, or to all exchange lines served by Central Offices of the extended local service area where comprised ofmore than one exchange. Exchange Access Line Service Line service provides a customer with a single, voice-grade telephonic communications channel which can be used to place or receive one call at a time. Lines are provided for connection of customer-provided terminal equipmant to the public switched telecommunications network. Each line nnay be configured into a hturt group with other company provided lines. Service Order Charges Absent a promotional offering, service order charges will apply to new service orders or to orders to change existing service. Service Restoration A standard installation charge applies to restoration of service temporarily suspended because of non-paymort of bills and is payable at the time that service is restored. The charge does not apply whan service has been terminated and laterreinstalled. 3.2 3.3 3.4 3.5 Issued Date: Issued by: August 15,2014 Michelle Owens Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Steet Missoula, MT 59808 ID-14-01 Effective Date: October 1,2014 Advice Letter: Blackfoot Commtnications, Inc.Idaho Price List Original Page 13 3.6 Exchange Access Optional Features Directory Listings Blacldoot Communications, Inc. dba Fremont Communications For each customer of the company provided exchange access service(s), the company will arrange for the listing of the customer's main billing telephone number in the directory(ies) published by the dominant local exchange carrier. A listing will include the customer's name address and telephone ntrmber at no additional charge. Traffic Blocking and Restriction 9XX Blocking Service This service blocks access from the customer's access line to 9XX (900 I 97 6) telephone numbers. A customer may have 9XX blocking installed one time for no charge. Subsequant unblocking or blocking shall incur a nonrecurring charge. I + and 0+ Restriction This service blocks access from the customer access line to all calls starting with 1 or 0. The company may impose this on a customer's line in the event the customer's account is more than days past due. Customers with this restriction will still have calling to numbers within the local exchange, however calls to numbers in other EAS exchanges will be blocked. Installation 1) New Service New service is defined as service at a location that has not had telephone service with any local exchange carrier in the past. 2) Transfer Service Transfer service is defined as senrice at a location that has had telephone service in the past with any local exchange carrier. A) B) r) 2) c) Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc. Rates for Services Offered 4.1 Standard Rates* Idaho Price List Original Page 14 4. Description Business Exchange Access Line Service Standard Installation Service Order Charge Recurrine Non-Recurring Business s29.9s $s0.00 $20.00 * The rates listed in this price list represent ala cart single line business service. Current competitive offerings can be fotmd at: http://www.fremontsolutions.com/ or by calling the business oflice. Services offered to businesses in the competitive area are customer specific solutions that are offered under contract. lssued Date: Issued by: August 75,2014 Michelle Owens Effective Date: Octobcr 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Title Page Blackfoot Communications, Inc. d.b.a. Fremont Communications Telecommunications Price List Toll-Free Telephone Number 1.866.541.s000 Idaho Public Utilities Commission 47 2 W . Washington Street 1.800.432.0369 This price list contains the rates, terms and conditions applicable to the sale of telecommunications services provided by Blackfoot Communications, Inc. within the State of Idaho. Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 1.) 2.) Blackfoot Communications, Inc.Idaho Price List Original Table of Contents Table of Contents Definitions, Terms and Abbreviations .................1 General Rules and Regulations .........12.1 Undertaking of Blackfoot Communications,Inc. ............ .............12.2 Limitations ........22.3 Use............ ........22.4 Payment for Service .............32.5 Taxes......... ........3 2.6 Regulatory Fees............ ....... 32.7 Cancellation .........................32.8 Other Rules ..........................42.9 Timing of Calls ....................4 Calling Plans & Charges ...................53.1 Regulatory Surcharges .........53.2 Basic Rates ........5 3.3 Directory Assistance ............63.4 Promotional and Bundled Offerings ................. .........6 Issued Date: August 15,2014 Effective Date: October 1,2014 Issued by: Michelle Owens Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 3.) r.) Blackfoot Communications, Inc.Idaho Price List Original Page I Definitions. Terms and Abbreviations Company - Whenever used in this price list, Company refers to Blackfoot Communications, Inc. dba Fremont Communications unless otherwise specified or clearly indicated by the context. Customer - The person, firm, corporation or governmental unit which orders Service either for its own use as a resale carrier or as a nonprofit manager of a sharing group and which is responsible for the payment of charges and for compliance with Company price list regulations. The term customer also includes an entity that remains presubscribed to the Company Service after its account(s) is removed from the Company's billing system, subsequently continues to use the Company's network, and is billed by a local exchange carrier for such use, or otherwise uses Service for which no other Customer is obligated to compensate Company. Toll Free Service - Toll free service includes 800 and 888 series numbers as well as any other future toll free series numbers. General Rules and Rezulations 2.1 Undertaking of Blackfoot Communications,Inc. dba Fremont Communications Blackfoot Communications, Inc. dba Fremont Communicafions, services are furnished for intra-LATA and inter-LATA communications originating and terminating at specified points within the state of Idaho. Any calls originating in Idaho and terminating outside of Idaho are not applicable to this price list terms, conditions, and rates. Blackfoot Communications, Inc. dba Fremont Communications, installs, operates and maintains the communications services provided herein in accordance with the terms and conditions set forth in this price list. The Company's services and resold facilities are provided on a monthly basis unless otherwise provided, and are available twenty-four hours per day, seven days per week. Issued Date:August 15,2014 Effective Date: October 1,2014 Issued by: Michelle Owens Blackfoot Communicafi ons, Lrc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 2.) Blackfoot Communications, Inc.Idaho Price List Original Page2 2.2 Limitations 2.2.L Services are offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this price list. 2.2.2 Blackfoot Communications, Inc. dba Fremont Communications, reserves the right to discontinue or limit service when necessitated by conditions beyond its contol, or when the Customer is using service in violation of provisions of the price list, or in violation of the law. 2.2.3 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. 2.2.4 All services and resold facilities provided under this price list are directly or indirectly controlled by Blackfoot Communications, Inc. dba Fremont Communications. 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 when there is no intemrption of the use or location of the service or facilities. 2.2.5 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 permitted assignees or fransferees, as well as all conditions of service. 2.2.6 The included price list language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. Use Services provided under this price list may be used for any lawful purpose for which the service is technically suited. 2.3 Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2074 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Sheet Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 3 Payment for Service All charges due by the Customer are payable to Blackfoot Communications, Inc. dba Fremont Communications, or any agency duly authorized to receive such payments. Any objections to billed charges must be reported to the Company within thirty (30) days of the invoice date. Adjustments to the Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. Once service is activated, the Customer is liable for the payment of all usage charges for services to be provided by the Company to the Customer including any fraudulent use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public. This includes payment for calls or seryices that originate at the customer's number(s), are accepted at the Customer's number(s) (e.g. collect calls), are billed to the Customer number(s) via third number billing, use of a calling or travel card, or use of an assigned special billing number or authorization code to the customer. Blackfoot Commtrnications, Inc. dba Fremont Communications will not require deposits of its customers but does reserve the right to discontinue services upon notice as allowed under Commission rule and identified below in this price list. Taxes All state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates. Regulatory Fees All State and Federal Commission ordered rates, fees, and surcharges may be listed as separate line items and are not included in the quoted rates. Cancellation 2.7.1 For any of the following reasons, the Company may, unless otherwise required by law, discontinue service upon at least 10 days' written notice or cancel an application for all services without incurring any liability. Separate accounts for the same Customer are also subject to this provision. 2.7.1.1 In the event that a Customer's bill remains unpaid after more than thirty days following rendition of the bill. 2.7 .1.2 In the event of a violation of any regulation governing the service under this tariff, when necessitated by conditions beyond the Company's control, a violation of any law, rule, 2.4 2.5 2.6 2.7 Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications,Inc. Idaho Price List Original Page 4 or regulation of any government authority having jurisdiction over the service. 2.7.I.3 Where the Company is prohibited from furnishing services by order of a court or other government authority having jurisdiction. 2.7.2 The Company, by written notice to the Customer, may, without incurring any liability, cancel or suspend the provision of service or equipment for the following reasons: non-payment of any sum due to the Company from the Customer, whether pursuant to service offered under this price list or otherwise; or as a result of actions of a government agency which forces discontinuance of the provision of service or equipment; or for violation or threatened violation of any of the terms or conditions of this price list by the Customer or authorized user; or if the Customer becomes insolvent or bankrupt, or makes a general assignment for the benefit of creditors or as otherwise permitted by this price list. Cancellation will be effective on the date specified on the written notice. A reasonable attempt will be made within twenty-four (24) hours after the ten (10) day cancellation notice period to personally contact the Customer. 2.7.3 Service may be canceled by the Customer at any time verbally, by e-mail or in writing. In the event the Company is unable to disconnect the Customer's long distance by the requested cancellation date, the customer will be responsible for any usage over the line. Customer cancellation of service implies that they are selecting another preferred provider or choosing not to have a long distance provider (No-PIC). In the event the customer selects a new preferred provider it is their responsibility to make the needed arrangements with the new provider to ensure that they receive the desired calling plan rates. Other Rules The Company reserues the right to discontinue service, limit service, or to impose requirements on customers as required to meet changing regulatory rules and standards of the Idaho Public Utilities Commission. Timing of Calls 2.9.1 Billable time for service is the duration of time between the called station answering and the called or calling station disconnecting, provided duration may be rotrnded in accordance with specific descriptions in this price list. 2.8 2.9 Issued Date: Issued by: August 15,2014 Michelle Owens Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Sheet Missoula, MT 59808 Effective Date: October 1,2014 Advice Letter: ID-14-01 3.) Blackfoot Communications, Inc.Idaho Price List Original Page 5 2.9.2 The duration of a call is rated in intervals of the billing increments described for each service provided in this tariff. If the final interval of a call is less than the applicable billing increment, it will be rounded up to a full increment for purposes of billing. 2.9.3 Computed usage charges or credits for each call are rounded to the nearest cent when possible. 2.9.4 Applicable rate periods, trnless noted otherwise, are indicated below and are based on the time in which a call is established. Calline Plans & Charses Regulatory Surcharges The following per minute rates include the current Universal Service Fund Surcharge and the Telecommunications Relay Service Surcharge. The total amolrnt of the call will be rounded to the nearest cent if the computed rate of the call results in a fractional charge. Basic Rates** 3.3.1 S0.15 per minute. Billed first minute and then in six second increments thereafter. Company will pay any PIC change charge on behalf of the customer to switch carriers to subscribe to the sendce. 3.1 3.2 Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2074 Blackfoot Communications, Inc. dba Fremont Communications 1221 North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01 Blackfoot Communications, Inc.Idaho Price List Original Page 6 3.3 DirectoryAssistance 3.3.1 Long Distance Directory Assistance is available to Customers of Company's switched services. The charge applies to each call regardless of whether the Directory Assistance Bureau is able to fumish the requested telephone number. 3.3.2 A credit allowance for a Directory Assistance call will be provided if the Customer experiences poor transmission quality, receives an incorrect telephone number, or inadvertently misdials the intended Directory Assistance number. Directory Assistance per look up Directory Assistance Call Completion $1.2s $0.15 perminute 3.4 Promotional and Bundled Offerings Certain promotional and bundled offerings may be provided from time to time. These offerings may only apply to certain services, and may be limited to certain dates, times, and locations. Blackfoot Communications, Inc. dba Fremont Communications, will provide all current promotional offerings, bundles and rates on its corporate website as required by the FCC. http ://m^rw. fremontsolutions. com/ Current offerings can be found at: Issued Date: Issued by: August 15,2014 Michelle Owens Effective Date: October 1,2014 Blackfoot Communications, Inc. dba Fremont Communications 122 I North Russell Street Missoula, MT 59808 Advice Letter: ID-14-01