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HomeMy WebLinkAbout20020329Application.pdfA TORNEYS AT LAW Tel:208-93da900 Fax:208-938-7904 March 29,2002 Ms.Jean J.Jewell,Commission SecretaryIdahoPublicUtilitiesCommission Bos I 8 33772200 -00 7 4 RE:Application of WestCom LLC for ApprovalOfaCertificateofPublicConvenienceand Necessity. Dear Ms.Jewell: Enclosed please find an original and seven (7)copies of the Application of WestComLLCforapprovalofacertificateofpublicconvenienceandnecessity.We have included sevencopiesoftheapplicationitselfandexhibits101,102 and 103 (Confidential).'Because of thevolumeofExhibit104(the proposed price list of WestCom LLC),we have only included twocopiesofitinitsentirety. We will submit additional copies if they are necessary. Also enclosed is the first page of the application to be date-stamped and returned to us intheenclosedself-addressed,stamped envelope,for our file. Thank you for your consideration in this matter. Sincerely, MyrnaJ.Walters Legal Assistant Mjw enclosures Molly O'Leary(ISB No.4996)RICHARDSON &O'LEARY PLLC 99 E.State Street,Suite 200 P.O.Box 1849 Eagle,Idaho 83616 Telephone:(208)938-7900 Fax:(208)938-7904 Attorneys for WestCom,LLC BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF WESTCOM LLC 'S )APPLICATION FOR APPROVAL OF A )CASE NO.CERTIFICATE OF PUBLIC CONVENIENCE )AND NECESITY ) APPLICATION WestCom,LLC ("WestCom",d/b/a "Digital Easy Chair")hereby submits this application for a Certificate of Public Convenience and Necessity ("Certificate")to provide basic local exchange service in Idaho.WestCom respectfully requests that the Idaho Public Utilities Commission (the Commission)grant the Certificate pursuant to Sections 61-526 through -528, Idaho Code. 1.NAME,ADDRESS AND FORM OF BUSINESS A.WestCom is a facilities-basedcompetitive telecommunications company that intends to offer residential telecommunications services. B.WestCom is a Limited Liability Company. APPLICATION FOR CERTIFICATEOFPUBLICCONVENIENCEANDNECESSITY 1 C.WestCom's principal business address is: 1488 E.Blue Tick Street Meridian,ID 83642 D.See attached certified copy of WestCom's articles of organization.(Exhibit 101). E.See attached Certificate of Existence issued by the Secretary of State for the state of Idaho.(Exhibit 102). F.The name and address of WestCom's registered agent for service in Idaho is: Robert R.Bass 223 Discovery Way,Suite 100 Boise,ID 83713 G.The WestCom,LLC Members,and their respective ownership interest in the company are as follows: MEMBERSHIP PERCENTAGENAMEADDRESSINTERESTVOTING CONTROL (Sharing Ratio) 1488 E.Blue Tick StreetTimothyJ.Taylor Meridian,ID 83642 25%25% 6223 N.Discovery WayRobertR.Bass Suite 100 25%25% Boise,ID 83717 6223 N.Discovery WayR.Craig Groves Suite 100 25%25% Boise,ID 83717 P.O.Box 344GregoryB.Johnson Meridian,83680 25%25% TOTAL 100.0% APPLICATIONFOR CERTIFICATE OF PUBLIC CONVENIENCEAND NECESSITY 2 H.The names and addresses of WestCom's Managing Members are as follows: NAME OFFICE ADDRESS Robert R.Bass Managing Member 223 Discovery Way,Suite 100 Boise,ID 83713 TimothyJ.Taylor Managing Member 1488 E.Blue Tick Street Meridian,ID 83642 2.TELECOMMUNICATIONSSERVICE Upon the effective date of an approved Certificate,WestCom intends to provide facilities-based local exchange services,intra-exchange private line services,frame relay service, and ISDN services to subdivision residents over a fiber optic network.The proposed services will be suitable for transmission of voice,data,video and other digital information in a variety of speeds and formats dependingupon particular customer needs. 3.SERVICE TERRITORY WestCom intends to provide telecommunication services in residential subdivisions throughoutthe southern Idaho territory of Qwest Communications ("Qwest"). 4.FINANCIAL INFORMATION WestCom is currentlyin a start-up phase of operationhaving been organized on January 28,2001.In accordance with IPUCRP 67 governing information exempt from public review, WestCom's financial information is filed herewith under separate cover,as Exhibit 103.IDAPA 31.01.01.067.Exhibit 103 contains a CONFIDENTIALcopy of WestCom's Current Balance Sheet and a CONFIDENTIALProfit &Loss Statement through December 31,2001. 5.MAPS WestCom proposes to provide service in Qwest's existing southern Idaho service area and thereby references and incorporates herein by this reference Qwest's southern Idaho service area map on file with the Commission. APPLICATIONFOR CERTIFICATEOFPUBLICCONVENJENCEANDNECESSITY 3 6.PRICE LIST FILING WestCom is filing an illustrative price list to reflect services to be offered under Title 62 authority in compliance with the appropriateCommission rules.(Exhibit 104). 7.CUSTOMER CONTACTS For establishment of service,complaints and inquiries regarding service and billing,or reporting or inquiring about network outages or service problems: Customer Contact: Digital Easy Chair 1488 E.Blue Tick Street Meridian,ID 83642 1-866-546-5512 For complaints,inquiries and matters concerning rates and price lists: Commission Contact: Tim Taylor 1488 E.Blue Tick Street Meridian,ID 83642 208-888-4039 8.INTERCONNECTION AGREEMENT WestCom will negotiate an InterconnectionAgreement with Qwest.Qwest will then file an executed copy of the Interconnection Agreement with the Commission for approval. 9.COMPLIANCE WITH COMMISSION RULES WestCom has reviewed all of the Commission rules and agrees to comply with them, unless otherwise ordered. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCEAND NECESSITY 4 10.ESCROW ACCOUNT FOR DEPOSITS WestCom has established an Escrow Account at Idaho Banking Company for the handling of all Customer Deposits. 11.RELEASE OF INFORMATION WestCom hereby pennits the release of its name,address and general business telephone number in response to a request for the same. DATED this 29th day of March,2002. Richardsdh &O'Leary PLLC By \/OfMoll'LearyAttorneforW6st i m LLC APPLICATIONFOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 5 ARTICLES OF ORGANIZATION ' LIMITED LL4BILITY COMPANY (Instructions on back of application) 1.The name of the limited liability company is: 2.The address of the initial registered office is:6223 N.Discoverv Way,Ste BB 8 13andthenameoftheinitialregisteredagentatthataddressis:Robert R.Bass 3.The mailing address for future correspondence: 4.Management of the limited liability company will be vested in: Manager(s)E or Member(s)O.(please check the appropriate box) 5.If management is to be vested in one or more manager(s),list the name(s)and address(es)of at leastoneinitialmanager.If management is to be vested in the members,list the name(s)and address(es)of at least one initial member. Name Addess Robert R.Bass .ery Way,Suite 100 3713 i 6.Signature of at least one person responsible for forming the limited liability company: Secretary of State use only Robert R¾uaging Member IDAHO SECRETART OF STATE 01/30/2001 09:00CK:none CT:1117 BH:375653 1 180.88 =180.06 ORGM LLC 4 2 EXHIBIT NO.101 80]M11.326898 1 NOV 2 8 2001 State of Idaho Office of the Secretary of^State CERTIFICATE OF EXISTENCE OF WESTCOM,LLC File Number W 14298 I,PETE T.CENARRUSA,Secretary of State of the State of Idaho,hereby certify that I am the custodian of the limited liability company records of this State. I FURTHER CERTIFY That the records of this office show that the above-named limited liability company filed articles of organization in Idaho on January29,2001. I FURTHER CERTIFYThat the limited liability comparty's articles of organization has not been dissolved. Dated:November 26,2001 SECRETARYOF STATE EXHIBIT NO.104 WESTCOM L.L.C. d.b.a. DIGITAL EASY CHAIR PRICE LIST EXHIBIT NO.104 Original Titic Sheet WESTCOM L.L.C. d.b.a. DIGITAL EASY CHAIR 1488 E.Blue Tick St. Meridian,ID 83642 This price list sets forth the service offerings,rates,terms and conditionsapplicabletothefurnishingofintrastatecommunicationservicesbyDigital EasyChair(hereinafter "The Company")to Customers within the State of Idaho.TheratesandrulescontainedhereinaresubjecttochangepursuanttotherulesandregulationsoftheIdahoPublicUtilitiesCommission.This price list is on file withtheIdahoPublicUtilitiesCommissionandcopiesmaybeinspected,duringnormalbusinesshours,at the Company's principal place of business at 1488 E.Blue Tick St.,Meridian,ID 83642 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 1 CHECK SHEET Sheet No.Revision Effective Date 1 Original March 29,2002 2 Original March 29,2002 3 Original March 29,2002 4 Original March 29,2002 5 Original March 29,2002 6 Original March 29,2002 7 Original March 29,2002 8 Original March 29,2002 9 Original March 29,2002 I 10 Original March 29,2002 ' ll Original March 29,2002 12 Original March 29,2002 13 Original March 29,2002 14 Original March 29,2002 15 Original March 29,2002 16 Original i March 29,2002 17 Original i March 29,2002 18 Original March 29,2002 19 Original March 29,2002 I 20 Original March 29,2002 ' 21 Original March 29,2002 22 Original March 29,2002 23 Original March 29,2002 24 Original March 29,2002 25 Original March 29,2002 26 Original March 29,2002 27 Original March 29,2002 28 Original March 29,2002 29 Original March 29,2002 30 Original March 29,2002 Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 2 CHECK SHEET (CONT'D) Sheet No.Revision Effective Date 31 Original March 29,2002 32 Original March 29,2002 33 Original March_29,_2002 34 Original March 29,2002 35 Original March 29,2002 36 Original March 29,2002 37 Original March 29,2002 38 Original March 29,2002 39 Original March 29,2002 40 Original March 29,2002 41 Original March 29,2002 42 Original March 29,2002 43 Original March 29,2002 44 Original March 29,2002 45 Original March 29,2002 46 Original March 29,2002 47 Original March 29,2002 48 Original March 29,2002 49 Original March 29,2002 50 Original March 29,2002 51 Original March 29,2002 52 Original March 29,2002 53 Original March 29,2002 54 Original March 29,2002 55 Original March 29,2002 56 Original March 29,2002 57 Original March 29,2002 58 Original March 29,2002 59 Original March 29,2002 60 Original March 29,2002 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 3 CHECK SHEET (CONT'D) Sheet No.Revision Effective Date 61 Original 'March 29,2002 62 Original March 29,2002 63 Original March 29,2002 64 Original March 29,2002 65 Original March 29,2002 66 Original March 29,2002 67 Original March 29,2002 68 Original March 29,2002 69 Original March 29,2002 70 Original March 29,2002 71 Original March 29,2002 72 Original March 29,2002 73 Original March 29,2002 74 Original March 29,2002 75 Original March 29,2002 76 Original March 29,2002 77 Original March 29,2002 78 Original March 29,2002 79 Original March 29,2002 80 Original March 29,2002 81 Original March 29,2002 82 Original March 29,2002 83 Original March 29,2002 84 Original March 29,2002 85 Original March 29,2002 86 Original March 29,2002 87 Original March 29,2002 88 Original March 29,2002 89 Original March 29,2002 90 Original March 29,2002 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 4 CHECK SHEET (CONT'D) Sheet No.Revision Effective Date Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 5 TABLE OF CONTENTS Sheet NumberCHECKSHEET1 Section 1.CONTACT INFORMATION 7 Section 2.TRACKING AND NUMBERING 8 Section 3.SERVICE AREA 8 Section 4.DEFINITIONS 9 Section 5.DEPOSIT REQUIREMENTS 15 Section 6.PAYMENT ARRANGEMENTS 156.1 Billing and Collection of Charges 166.2 Payment for Service 186.3 Billing Under inappropriate Rates 196.4 Disputed Bills 206.5 Complaints 206.6 Advance Payments 216.7 Allowances for interruptions of Service 226.8 Late Payment Charges 236.9 Partial Payments 236.10 Moves,Adds and Changes 24 Section 7.SERVICE OUTAGES 257.1 Definition 257.2 Receipt and Recording of Reports 257.3 Repair Service Standards 257.4 Failure to Restore Service in a Timely Manner 26 Section 8.REFUSAL of SERVICES 27 Section 9.DISCONTINUANCE OF SERVICE 289.1 With Written Notice to the Customer 289.2 Without Written Notice to the Customer 299.3 Upon Customer Request 309.4 If Rule 402 Complaint is Pending 30 Section 10.TERMINATION OF SERVICE 3110.1 Cancellation of Application for Service 3110.2 Termination of Service Contract 3110.3 Service Termination 33 Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 6 TABLE OF CONTENTS (Cont'd) Section 11.TRANSFERS AND ASSIGNMENTS 34 Section 12.NOTICES AND COMMUNICATIONS 34 Section 13.CUSTOMERS WITH LESS THAN SIX LINES 35 13.1 Purpose and Scope 3513.2 Customers with Good Credit -Final Bills 35 13.3 Rate Information 35 Section 14.REGULATIONS 36 14.1 Undertaking of the Company 36 14.2 Prohibited Uses 46 14.3 Obligations of the Customer 4714.4 Customer Equipment and Channels 49 14.5 Conflicts Between Price List and Commission Rules 5214.6 Exculpatory Clause 52 Section 15.Local Exchange Service 53 15.1 Application to Local Exchange Service 5315.2 General 53 15.3 Business Service Description 53 15.4 Directorj Services 6215.5 Residence Service Descriptions 63 15.6 Rates and Charges 64 Section 16.IntraLata Long Distance Sentice 71 16.1 General 71 16.2 Dial Station-to-Station Service 7116.3 Timing of Calls 71 16.4 Collection of Charges 72 16.5 Payment Arrangements 7216.6 Rates 72 Section 17.Switched Access Services 73 17.1 Application to Switched Access Services 73 17.2 Explanation of Abbreviations 73 17.3 General Service Description 73 17.4 FGD Service Description 73 17.5 Ordering Procedures 7617.6 Pre-Subscription 81 17.7 Billing and Jurisdictional Reporting Requirements 84 17.8 Rates 86 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 7 Section 1.CONTACT INFORMATION 1.1 Customer complaints,bill inquiry,new service or disconnect requests: Digital Easy Chair 1488 E.Blue Tick St. Meridian,ID 83642 (208)947-1369 (866)546-5512 1.2 Commission contact -price list information: Digital Easy Chair Tim Taylor 1488 E.Blue Tick St. Meridian,ID 83642 (208)888-4039 1.3 Commission contact -complaints: Digital Easy Chair Tim Taylor 1488 E.Blue Tick St. Meridian,ID 83642 (208)888-4039 1.4 Idaho Agent : Molly O'Leary Richardson &O'Leary PLLC 99 E.State St. Suite 200 Eagle,ID 83616 208-938-7900 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 8 Section 2.TRACKING AND NUMBERING The following symbols shall be used in this price list (price sheet)for the purposeindicatedbelow: (C)-To signify change in regulation. (D)-To signify discontinued rate,regulation or condition. (I)-To signify increase in rate or charge.(M)-To signify that material has moved from another price list location.(N)-To signify a new rate,regulation,condition or sheet.(R)-To signify decrease in rate or charge.(T)-To signify a change in text,but no change in rate or charge orregulation. Section 3.SERVICE AREA This price list sets forth service offerings,rates,terms and conditions applicable tothefurnishingoftheCompany's End User intrastate telecommunications servicestoCustomerswithintheStateofIdaho. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 9 Section 4.DEFINITIONS Certain terms used generally throughout this price list are defined below. Access Lines:A telephone facility which permits access to and from both the Customer's premises and the telephone exchange or serving central office. Advance Payment:Payment of all or part of a charge required before the start of service. Agent:A business representative authorized by the Company to bring about, modify,affect,performance of,or terminate contractual obligations between the Company and its applicants or Customers. Applicant:A person who applies for telecommunications service.Includes persons seeking reconnection of service after Company-initiated termination. Application:A request made in writing for telephone service. Authorized User:A person,firm,corporation or other entity that either is authorized by the Customer to use local exchange telephone service or is placed in a position by the Customer,either through acts or omissions,to use local exchange telephone service. Automatic Number identification (ANI):The automatic transmission of a calling party's_billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber.The primary purpose of ANI is for billing of toll calls. Basic Rate Area:A specific geographic area,within which the schedule rates for local exchange service shall apply without exchange line mileage and without special rates in lieu of mileage. Bit:The smallest unit of information in the binary system of notation. CCS:One hundred call seconds or one hundred seconds of telephone conversation.One hour of traffic is equal to 36 CCS. Call Blockinq:Restricts the delivery of the calling party's telephone number to a called party's caller identification unit. Call Forward Busy:Automatically routes incoming calls to a designated answering point when the called line is busy. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 10 Section 4.DEFINITIONS(Cont'd) Call Forward No Answer:Automatically routes incoming calls to a designated answering point when the called line does not answer within a pre-specified number of rings. Call Forward Variable:Automatically routes incoming calls to a designated answering point,regardless of whether the user's Station is idle or busy. Call Hold:Allows the User to hold one call for any length of time provided that neither party goes On Hook. Call Park:Allows a User to "park"a call against their directory number within the business group and "unpark"the call from any other directory number.A business group consists of a series of Customer-defined telephone numbers. Call Pickup:Allows a User to answer incoming calls to another Station line within a defined call pickup group.Call Pickup is provided as either Group Call Pickup, where predesignated groups can pickup each other's calls by activating an access code or a feature key,or Directed Call Pickup,where any call can be retrieved by dialing a different access code followed by the extension number. Call Transfer/Consultation/Conference/Three WaY:Provides the capability to transfer or add a third party,using the same line. Call Waiting:Provides the User with a burst of tone to indicate that another call is waiting.The second call can either be answered by flashing the switchhook or hanging up the phone and being rung back by the caller. Call Waiting Cancel:Allows a User to cancel the Call Waiting feature on a per call basis by dialing a specific two-digit code. Callinq Number Deliver/:Identifies the 10-digit number of the calling party. Callinq Name and Number Delivery:Identifies the name,as provided in the directory listing,as well as the 10-digit number of the calling party. Callinq Number Delivery Blockinq:Blocks the delivery of the number to the called party on either a per call or per line basis. Class of Senrice (COS):Used to prevent a Station from dialing certain codes and numbers. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 11 Section 4.DEFINITIONS (Cont'd) Central Office:Company facilities where subscriber lines are connected to eachotherthroughswitchingequipmentforplacinglocalandlongdistancetelephonecalls. Company:Avista Communications of Idaho,Inc.that is the issuer of this price list. Commission:The Idaho Public Utilities Commission. Customer:The person,firm,corporation or other entity that orders service and isresponsibleforthepaymentofchargesandforcompliancewiththeCompany'spricelistregulations. Customer Group Dialinq Plan:A dialing scheme shared by the members of aCustomergroup,such as 4 digit internal dialing. Dial Pulse (DP):The pulse type employed by rotary dial Station sets. Direct Inward Dialinq (DID):A service attribute that routes incoming calls directlytoStations,by-passing a central answering point. Do Not Disturb:Allows the User to prevent incoming calls from ringing its line bydivertingthemtoatoneorarecordedannouncementthatinformsthecallerthattheUserisnotacceptingcallsatthistime. Dual Tone Multi-Frequency("DTMF"):The pulse type employed by tone dialStationsets. Duplex Service:Service which provides for simultaneous transmission inoppositedirections. Exchanqe Carrier:Any individual,partnership,association,joint-stock company,trust governmental entity or corporation engaged in the provision of localexchangetelephoneservice. Fiber Optic Cable:A thin filament of glass with a protective outer coating throughwhichalightbeamcarryingcommunicationssignalsmaybetransmittedbymeansofmultipleintemalreflectionstoareceiver,which translates the message. Huntinq:Routes a call to an idle Station line.With Serial Hunting,calls to amemberofahuntgroupwillsearchfromthatpointtotheendofthegroupandstop. Individual Case Basis:A service arrangement in which the regulations,rates andchargesaredevelopedbasedonthespecificcircumstancesoftheCustomer'ssituation. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 12 Section 4.DEFINITIONS (Cont'd) Joint User:A person,firm or corporation designated by the Customer as a user oflocalexchangeservicefurnishedtotheCustomerbytheCompany,and to whom a portion of the charges for such facilities are billed under a joint use arrangement. K_bp_s:Kilobits per second.Denotes thousands of bits per second. LATA:A local access and transpod area established pursuant to the ModificationofFinalJudgmententeredbytheUnitedStatesDistrictCourtfortheDistrictofColumbiainCivilActionNo.82-0192 for the provision and administration ofcommunicationsservices. Least ldle Trunk Selection (LIDL):LIDL trunk selection occurs when a switchingunitselectsfromaTrunkgrouptheTrunkthathasbeenidlefortheshortestperiodoftime. Local Callinq:A completed call or telephonic communication between a calling Station and any other station within the local service area of the calling Station. Local Exchange Carrier:A company that furnishes exchange telephone service. Mbps:Megabits,or millions of Bits,per second. Messaqe Waitinq:This feature provides an indication to a Station User that amessageiswaiting.Indications may be visual (lamp)or audible (stuttered dialtone). Most Idle Trunk Selection (MIDL):MIDL Trunk selection occurs when a switchingunitselectsfromaTrunkgrouptheTrunkthathasbeenidleforthelongestperiod of time. Multiple Appearance Directory Numbers:A directory number that is assignedmorethanoncetooneormoreProprietaryBusinessSets. Multi-Frequency ("MF"):An inter-machine pulse-type used for signaling betweentelephoneswitches,or between telephone switches and PBX/key systems. Nonlisted Service:Means a Customer is not listed in the published directory,but is listed in the directory assistance database. Non-Published Service:Means a Customer is not listed in the published directoryorinthedirectonyassistancedatabase. Non-Recurring Charges:The one-time charges for services or facilities,includingbutnotlimitedtochargesforconstruction,installation,or special fees,for whichtheCustomerbecomesliableatthetimetheServiceOrderisexecuted. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sucet 13 Section 4.DEFINITIONS (Cont'd) Off-Hook:The term "off-hook"denotes the active condition of a telephone exchange service line. On-Hook:The term "on-hook"denotes the idle condition of a telephone exchange service line. Originating Off-Net:A call originating on and placed via non-company owned or company leased facilities. Originatinq On-Net:A call originating on and placed via company owned or company leased facilities. Recurrinq Charges:The monthly charges to the Customer for services,facilities and equipment,which continue for the agreed upon duration of the service. Pre-subscription:Pre-subscription is an arrangement whereby an end user may select and designate to the Telephone Company an interexchange carrier (IXC)to access,without an access code,for interlata calls.This IXC is referred to as the end user's pre-designated IXC. 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 extended by the Customer's refusal to accept service which does not conform to standards set forth in the Service Order or this price list,in which case the Service Commencement Date is the date of the Customer's acceptance of service.The parties may mutually agree on a substitute Senrice Commencement Date. Service Order:The written request for local exchange services executed by the Customer and the Company in a format specified by the Company.The signing of a Service Order by the Customer and acceptance thereof by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this price list,but the duration of the service is calculated from the Service Commencement Date. Services:The Company's telecommunications services offered on the Company's network. Shared:A facility or equipment system or subsystem that can be used simultaneously by several Customers. Shared Inbound Calls:Refers to calls that are terminated via local exchange access lines provided by the Customer's local exchange carrier Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 14 Section 4.DEFINITIONS (Cont'd) Shared Outbound Calls:Refers to calls in Feature Group D exchanges whereby the Customer's local telephone lines are presubscribed through the Customer's local exchange Company to the Company's outbound service such that "1 +10- digit number'calls are automatically routed to the Company's network. Speed Call:Provides a User with the option to call selected directory numbers by dialing a one or two-digit code. Station:Telephone equipment from or to which calls are placed. Trunk:A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. User or End User:A Customer or any other person authorized by the Customer to use service provided under this price list. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 riginal Sheet 15 I Section 5.DEPOSIT REQUIREMENTS 5.1 Deposits If the Customer cannot establish a satisfactory credit standing with the Company,the Customer shall make a deposit before a service is fumished or continued.Such deposit shall be held as a guarantee for the payment of charges.The Company may require such a deposit, which may be in addition to an advance payment,if the Company considers this action necessary to safeguard its interests.The deposit requested will be in cash or the equivalent of cash.Payment of a deposit does not relieve the Customer from compliance with Company Regulations conceming prompt payment of bills,nor does it change the condition regarding disconnection of service when bills are not paid. The deposit shall not exceed one-sixth (1/6)of estimated annual billings. At any time,at its option,or after (12)months of service,if the Customer has not been delinquent in the payment of the Company bills,the Company may retum the deposit or credit it to the Customer's account. In addition,the Company shall be entitled to require the Customer to pay all its bills within a specified period of time,and to make such payments in cash or the equivalent of cash.When a service is discontinued,the amount of any applicable deposit,plus accrued interest,will be applied to the Customer's account and any credit balance remaining will be refunded. 5.1.1 Each Customer who pays a deposit will be given a receipt under the provisions of IDAPA 31.41.01.109. 5.1.2 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC under the provisions of IDAPA 31.41.01.106. 5.1.3 Upon termination of service,the Company shall retum to the Customer the amount then on deposit,plus accrued interest, less any amounts due to the Company from the Customer for service rendered on the telephone account. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 16 Section 5.DEPOSIT REQUIREMENTS (Cont'd) 5.1 Deposits (Cont'd) 5.1.4 Any deposit,plus accrued interest,may be applied to the Customer's telephone account following completion of twelve months'satisfactory payment.The credit will be applied against service in the 13'"and,if appropriate,subsequent months once satisfactory credit is established.Upon the Customer's request, the refund shall be made in the form of a check issued and mailed to the Customer. 5.1.5 The Company will maintain records which will enable a Customer entitled to retum of deposit to obtain the refund even though unable to produce the receipt.These records will include the name of each Customer,the date(s)and amount(s) of the deposits.The Company will retain these records for at least ten years. 5.1.6 Upon the sale or transfer of the Company,or any,of its operating units,the Company will file with the Commission a list showing the names of all customers affected by the sale who have to their credit a deposit,the date the deposit was made and the amount of the deposit. Section 6.PAYMENT ARRANGEMENTS 6.1 Billing and Collection of Charges 6.1.1 Issuance and Contents of Bills. Bills will be rendered monthly to Customers and shall contain the following information: a)the billing date; b)the time period covered by the bill; c)the due date of the bill; d)any amounts transferred from another account; e)any amounts past due; Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 17 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.1 Billing and Collection of Charges (Cont'd) 6.1.1 Issuance and Contents of Bills (Cont'd) f)any payment credits applied to the Customer's accountsincethelastbill; g)the total amount due; h)names of other entities,if any,for which the Customer is also being billed by the Company for services which are notprovidedbytheCompany,including,the identification oftheservice(s)billed,and the amount(s)of those billings; i)the mailing address(es)or toll-free telephone number(s)available to Customers in the service territory for answeringinquiriesabouttelephoneservicesbilled; j)an itemization of all non-recurring charges; k)an itemization of the following recurring charges:total localexchangeservicebill(mileage or zone charges and charges for extended area service may be included in thetotalratherthananseparateitems),touch tone capability,custom calling features,non-primary directory listings,wiremaintenanceplans,equipment leases,and governmentimposedtaxes,surcharges or subscriber line charges.Allotherrecurringchargesmaybeincludedina miscellaneous billing category if the Company explains thechargesinwritingpursuanttoIDAPA31.41.02.101. Charges for each element of packages services,local measured service,or other calling plans in which individualcallsarenotbilledneednotbeseparatelyitemizedifthe Company provides an explanation of those services pursuant to IDAPA31.41.02.101;and; I)for MTS bills,the number called,the date,time,duration,destination,and charge for each call.For collect and third-party calls,the Company will itemize the origin of the call. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 18 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.2 Payment for Semice The Customer is responsible for payment of all charges for semice andfacilitiesfurnishedbytheCompanytotheCustomeroritsJointorAuthorizedUsers.Objections must be received by the Company within30daysafterstatementofaccountisrendered,or the charges shall bedeemedcorrectandbindingupontheCustomer. 6.2.1 Taxes:The Customer is responsible for the payment of any sales,use,gross receipts,excise,access or other local,stateandfederaltaxes,charges,user fees,or surcharges (howeverdesignated)excluding taxes on the Company's net incomeimposedonorbasedupontheprovision,sale or use of theCompany's services.The Customer is responsible for paymentoftaxes,charges,or fees ordered by the Idaho Public Utilities Commission,the Idaho State Legislature,or local,and countygovemment.It shall be the responsibility of the Customer topayanysuchtaxesthatsubsequentlybecomeapplicableretroactively. 6.2.2 A surcharge is imposed on all charges for service originating ataddressesinstateswhichlevy,or assed a claim of right to levy,a gross receipt tax on the Company's operations in any suchstate,or a tax on interstate access charges incurred by theCompanyfororiginatingaccesstotelephoneexchangesin thatstate.The surcharge will be shown as a separate line item ontheCustomer's monthly invoice. 6.2.2.1 Universal Service Fund Surcharge: In compliance with the IPUC Order No.27380,a monthly surcharge rate is assessed on each business exchange access line and to all MTS calls.ThesurchargecontributestowardsfundingfortheIdaho Universal Service Fund.The surcharge rate remainseffectiveuntilothenvisemodified,changed,orcanceledbytheIPUC. Effective October 1,2001 Per business exchange access line $.15 Per MTS minute of use $.0035 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 OrigimlSheet 19 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.2 Payment for Service (Cont'd) 6.2.3 AII senrice,installation,monthly Recurring Charges and Non- Recurring Charges are due and payable upon receipt. 6.2.4 The Company shall present bills for Recurring and Usage Charges monthly to the Customer,in arrears of the month for which service is provided. 6.2.5 For new customers or existing customers whose service is disconnected,the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis.For this purpose,every month is considered to have 30 days. 6.2.6 Amounts not paid within 30 days after the date of invoice are considered past due and delinquent and are subject to LatePaymentChargespursuanttosection6.8 of this price list. 6.2.7 A $20.00 charge will be assessed for checks with insufficient funds or non-existing accounts. 6.3 Billing Under Inappropriate Rates If a Customer was billed under an inappropriate rate,the Company willrecalculatetheCustomer's past billings and correctly calculate futurebillingsbasedontheappropriaterate;except that the Company shall not be required to adjust billings when it has acted on good faith based uponavailableinformationorwhentheCustomerwasgivenwrittennoticeofoptionsundertheCompany's service offerings and did not make a timelyelectiontoexercisetheCustomer's options.A Customer has been billedunderaninappropriaterateif: a)the Customer was billed under a rate for which the Customer was noteligible;or b)the Customer,who is eligible for billing under more than one rate,wasbilledunderaratecontrarytotheCustomer's election,or the electionwasmadeuponerroneousinformationprovidedbytheCompany. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.4 Disputed Bills Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and provide written notice to the Company that such unpaid amount is in dispute within thirty (30)days of receipt of the bill.If such written 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 IDAPA31.41.01.204 to challenge any billing amount due or paid to the Company. a)In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction,the Customer may contact the Idaho Public Utilities Commission and proceed in accordance with the Idaho Public Utilities Commission's rules. b)If the time when the error in preparation or malfunction of billing equipment or failure to bill began cannot be reasonably determined,the corrected billings shall not exceed the most recent six (6)months before the discovery of the error or malfunction.If the time when the malfunction or error or failure to bill began can be reasonably determined,the corrected billings shall go back to that time,but need not exceed the time provided by section 61-642,Idaho Code (three (3)years). b)Once the billing dispute is resolved,the Customer shall submit payment of any outstanding amounts deemed due to the Company within five (5)working days of notification of the amount due,or as ordered by the Idaho Public Utilities Commission or court. 6.5 Complaints 6.5.1 Conference Upon receiving a complaint or request for conference,the Company shall promptly,thoroughly and completely investigate the complaint,confer with the Customer or applicant when requested,and notify the Customer or applicant of the results of its investigation and make a good faith attempt to resolve the complaint.The oral or written notification shall advise the Customer or applicant that the Customer or applicant may request the Commission to review the Company's proposed disposition of the complaint. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 \<rinal Sheet 21 I Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.5 Complaints (Cont'd) 6.5.2 Record of Complaints The Company shall keep a record of written complaints and requests for conferences pursuant to IDAPA 31.41.01.401 and 402.These records shall be retained for a minimum of one year at office of the Company where the complaints were received or where conferences were held.The records shall be readily available upon request by the complaining Customer or applicant,the Customer's or applicant's agent possessing written authorization,or the Commission.The records must note whether the Customer was advised as required by pursuant to IDAPA 31.41.01.401.03 that the Customer or applicant may request the Commission to review the Company's proposed disposition of the complaint, When directed by the Commission,the Company shall submit a report to the Commission that states and classifies the number of complaints made to the Company pursuant to IDAPA 31.41.01.401 and 40,and the general subject matter of the complaints. 6.6 Advance Payments To safeguard its interests,the Company may require a Customer to make an Advance Payment before services and facilities are fumished. The Advance Payment will not exceed an amount equal to the Non- Recurring Charge (s)and two months'charges for the service or facility. In addition,where special construction is involved,the Advance Payment may also include an amount equal to the estimated Non-Recurring Charges for the special construction and Recurring Charges (if any)for a period to be set between the Company and the Customer.The Advance Payment will be credited to the Customer's initial bill.An Advance Payment may be required in addition to a deposit. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 22 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.7 Allowances for Interruptions of Service A credit allowance will be given for interruptions of service subject to the provisions of this section. 6.7.1 Credit for Service Interruptions: When the use of semice or facilities furnished by the Company is interrupted due to any cause other than the negligence or willful act of the Customer,or the operation or failure of the facilities or equipment provided by the Customer,the Company will credit the Customer's account as further defined in subsection 7.4 of section 7.If the Customer reports a service,facility or circuit to be inoperative but declines to release it for testing and repair,it is considered to be impaired, but not interrupted.Only those facilities on the interrupted portion of the circuit will receive a credit. 6.7.2 Limitations on Allowances No credit allowance will be made for: (a)interruptions due to the negligence of,or noncompliance with the provisions of this price list by,the Customer, Authorized User,Joint User,or other common carrier providing service connected to the senrice of Company; (b)interruptions due to the negligence of any person other than the Company including but not limited to the Customer or other common carriers connected to the Company's facilities; (c)interruptions due to the failure or malfunction of non- Company equipment; (d)interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; (e)interruptions of service during a period in which the Customer continues to use the service on an impaired basis; Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 23 Section 6.PAYMENT ARRANGEMENTS (Cont'd) 6.7 Allowances for Interruptions of Service (Cont'd) 6.7.2 Limitations on Allowances (Cont'd) (f)interruptions of service during any period when theCustomerhasreleasedsenticetotheCompanyformaintenancepurposesorforimplementationofaCustomerorderforachangeinservicearrangements; (g)interruptions of service due to circumstances or causesbeyondthecontroloftheCompany. 6.7.3 Use of Alternative Service Provided by the Company: Should the Customer elect to use an alternative service provided by theCompanyduringtheperiodthataserviceisinterrupted,the Customermustpaythepricelistedratesandchargesforthealternativeserviceused. 6.8 Late Payment Charges A Late Payment Charge of one and a half percent (1 ½%)will apply toeachCustomerbillwhenthepreviousmonth's bill has not been paid infull,leaving an unpaid balance carried forward.The late payment chargeisappliedtothetotalunpaidamountcarriedforwardandisincludedinthetotalamountdueonthecurrentmonth's bill.The amount of the latepaymentpenaltyshallbeindicatedontheCustomer's bill. 6.9 Partial Payments 6.9.1 When a Customer cannot pay a bill in full,the Company maycontinuetoservetheCustomeriftheCustomerandthe Company agree on a reasonable portion of the outstanding billtobepaidimmediately,and the manner in which the balance oftheoutstandingbillwillbepaid. 6.9.4 In deciding on the reasonableness of a particular agreement,the Company will take into account the Customer's ability topay,the size of the unpaid balance,the Customer's paymenthistoryandlengthofservice,and the amount of time andreasonswhythedebtisoutstanding. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 24 Section 6.PAYMENT ARRANGENiENTS (Cont'd) 6.9 Partial Payments (Cont'd) 6.9.3 Payments are to be applied to ine undisputed balance owed by theCustomer.A Customer may designate how a payment insufficient to paythetotalbalancedueshallbeapplied.If applicable,and in the absenceofinstructionsfromtheCustomer,a partial payment to the Companyshallbeallocatedamongtheprovidersbasedupontheratiooftheundisputedamountduetoeachprovidertotheundisputedtotalamountbilled.Such payments shall be applied first to the oldest undisputedbalances. 6.9.4 The Company shall notify the Customer of its procedures for allocatingpartialpaymentsinitssummaryoftheIdahoPublicUtilitiesCommissionRulesavailableinitslocalofficeandinitswrittennoticeregardingdiscontinuanceofserviceprovidedtotheCustomerunderthispricelist.In discussing or negotiating payment arrangements,the Company shalladvisetheCustomerwhatamountofpaymentthecustomershallallocatetolocalexchangeserviceortoMTSserviceorotherservicesinordertopreventtheterminationofthoseservices. 6.9.5 If a Customer fails to make the payment agreed upon by thedatethatitisdue,the Company may,but is not obligated to,enter into a second payment arrangement. No payment arrangement binds a customer if it requires theCustomertoforegoanyrightprovidedforintheIdahoPublicUtilitiesCommission's Rules. 6.9.6 A Customer's failure to pay for undisputed MTS charges billedbytheCompanymayresultinlossof0+or 0-and 1+dialingaccesstoMTSservicesuntilsuchtimeasthecustomerpaysthedisputedchargesandapplicablereconnectioncharges,ifany. 6.9.7 Customer failure to pay undisputed charges for other servicesmayresultindiscontinuanceofthoseservices. 6.10 Moves,Add and Changes Upon written request from the Customer,the Company will transfer anexistingservicefromonelocationtoanother,change from one class ofservicetoanother,or add additional services or features to specificlinesandequipment.The Company may charge the Customer a non-recurring charge for such service. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 25 Section 7.SERVICE OUTAGES 7.1 Definition Service Outage -when a Customer's local telephone semice quality deteriorates to such an extent that the Customer cannot make local calls or cannot make local calls or cannot receive local calls or cannot use the service for voice grade communication because of cross-talk,static,or other transmission problems,the Company will respond to a Customer's report of as a "service outage"and proceed in accordance with this section. 7.2 Receipt and Recording of Reports The Company shall provide for the receipt of Customer trouble reports at all hours and make a full and prompt investigation of and response to all reports.The Company shall maintain an accurate record of trouble reports made by its Customers.The record shall include accurate identification of the Customer or service affected,the time,date,and nature of the report,the action taken to clear the trouble or satisfy the Customer,and the time of trouble clearance or other disposition.The record shall be available to the Commission or its authorized representatives upon request at any time within five years of the date of a record. 7.3 Repair Service Standards When informed by a Customer of a service outage as defined by subsection 7.1 of this section,the Company shall: a)restore service within sixteen (16)hours after the report of the outage if the Customer notifies the Company that the service outage creates an emergency for the Customer;or b)restore service within twenty-four (24)hours after the report of the outage if no emergency exists,except that outages reported between noon on Saturday and 6:00 p.m.on the following Sunday must be restored within 48 hours or by 6:00 p.m.on the following Monday,whichever is sooner. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 26 Section 7.SERVICE OUTAGES (Cont'd) 7.4 Failure to Restore Service in a Timely Manner The Company shall notify the Customer of unavoidable changes in the agreed repair schedule;however,if the Company does not restore service within the times set out by this subsection 7.3 of this section,the Company shall credit the Customer's account for an amount equal to the monthly rate for one (1)month of basic local exchange service unless: a)the Customer fails to keep an appointment with the Company that was agreed to between the Company and the Customer when the original commitment was made; b)the disruption of telephone semice was caused by natural disaster or other causes not within the Company's control affecting large groups of Customers; c)conditions exist where the personal safety of a repair technician would be jeopardized and the Company has used reasonable judgement and diligence to restore semice,giving due regard for the needs of various Customers and the requirements of the telecommunications service priority program order in FCC Docket 88-341 (47 C.F.R.Part 64,Appendix A); d)the Customer causes the Customer's own service outage; e)the Customer does not make a reasonable effort to arrange a repair visit within the service restoration deadline;or f)the Company determines that the outage is attributable to the Customer's own equipment or inside wire. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 27 Section 8.REFUSALof SERVICES 8.1 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 the denial of the service; b)actions the applicant may take in order to receive the denied service;and c)a statement that an informal or formal complaint conceming denial of the service may be filed with the Company or with the Idaho Public Utilities Commission. 8.1.1 Grounds for Refusal of Service The Company may refuse to establish service if any of the following conditions exist: a)the applicant has an outstanding amount due for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; b)a condition in which,in the Company's judgement,is unsafe or hazardous to the applicant,the general population,or the Company's personnel,agents or facilities; c)the applicant refuses to provide the Company with a deposit after having failed to meet the credit criteria for waiver of deposit requirements; d)the applicant is known to be in violation of the Company's price lists filed with the Commission; e)failure of the applicant to fumish 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 f)the applicant has falsified his/her identity for the purpose of obtaining service. g)Commission rules supersede any conflicting price list provisions that deny or restrict a Customer's rights unless otherwise ordered by the Commission,court order,or statute. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 28 Section 9.DISCONTINUANCE OF SERVICE 9.1 With Written Notice to the Customer Except as othenvise 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: a)for nonpayment of any undisputed amounts owing to the Company; b)the premises have been vacated by the Customer; c)for tampering with the Company's property; d)for violation of rules,service agreements,or filed price lists; e)for use of Customer equipment which adversely affects the Company's property,facilities,or services to its other Customers,oruponcondemnationofanymaterialportionofthefacilitiesusedbytheCompanytoprovideservicetoaCustomer,or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair;or f)for any governmental prohibition,or required alteration of the services provided,or any violation of any applicable law orregulation,or unlawful use of service or use of service for unlawfulpurposes,the Company may immediately discontinue or suspend service;or g)for fraudulent obtaining or use of service,including,but not limited to: 1)providing false information to the Company regarding theCustomer's identity,address,creditworthiness,or current orplanneduseofcommoncommunications; 2)using or attempting to use service by rearranging, tampering with,or making connection to the Company's service where not authorized by this price list; 3)using tricks,schemes,false or invalid numbers,false credit devices,electronic devices;or 4)any other fraudulent means or device. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 29 I Section 9.DISCONTINUANCE OF SERVICE (Cont'd) 9.1 With Written Notice to the Customer (Cont'd) Whenever a fraudulent obtaining or use of a service is detected,the Company may discontinue service without notice,as described in 9.2 ofthispricelist;provided,however,that if the Customer makes immediate payment for the estimated amount due for the service that had beenfraudulentlyobtained,and for all costs resulting from such fraudulent use,the Company may choose to continue such service,subject to anyapplicabledepositrequirements. 9.2 Without Written Notice to the Customer The Company may deny or discontinue the fumishing of any and/or allservice(s)to a Customer immediately and without prior notice to theCustomerandwithouttheCustomer's permission for one or more of thefollowingreasons: a)Dangerous Condition.A condition immediately dangerous orhazardoustothelife,physical safety,or property exists,or it is necessary to prevent a violation of federal,state or local safety orhealthcodes. b)Ordered to Terminate Service.The Company is ordered toterminateservicebyanycourt,the Idaho PUC,or any other dulyauthorizedpublicauthority. c)Services Obtained Illegally.The service(s)was (were)obtained,diverted or used without the authorization or knowledge of the Company. d)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. e)Misrepresentation of Identity.The Customer has misrepresentedtheCustomer's identity for purposes of obtaining telephone serviceandeitherdoesnothaveorhasaninadequatesecuritydepositonfilewiththeCompany. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 30 * I Section 9.DISCONTINUANCE OF SERVICE (Cont'd) 9.3 Upon Customer Request The Company will,upon Customer request,discontinue or suspend services due to the Customer's: a)insolvency; b)assignment for the benefit of creditors; c)filing for bankruptcy or reorganization;or d)failure to discharge an involuntary petition in bankruptcy within thetimepermittedbylaw. 9.4 If Rule 402 Complaint is Pending Except as authorized by order of the Idaho PUC or of the Judiciary,local exchange semice shall not be terminated for failure to pay amounts indisputewhileacomplaintregardingthattelephonesemiceandproperlyfiledpursuanttoIDAPA31.41.01.402 is pending before the Idaho PUC,or while a case placing at issue payment for that telephone service ispendingbeforeacourtintheStateofIdaho. The suspension or discontinuance of service(s)by the CompanypursuanttothisSectiondoesnotrelievetheCustomerofanyobligationtopaytheCompanyforchargesdueandowingforservice(s)furnishedduringthetimeoforuptosuspensionordiscontinuance. Upon the Company's discontinuance of service to the Customer underSection7,all applicable charges,including termination charges,shall become due.This is in addition to all other remedies that may beavailabletotheCompanyatlaworinequityorunderanyotherprovision of this price list. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Onginal Sheet 31 Section 10.TERMINATION OF SERVICE 10.1.Cancellation of Application for Service 10.1.1 Applications for service are non-cancelable unless theCompanyothenviseagrees.Where the Company permitsCustomertocancelanapplicationforservicepriortothestart ofserviceorpriortoanyspecialconstruction,no charges will beimposedexceptforthosespecifiedbelow. 10.1.2 Where prior to cancellation by the Customer,the Companyincursanyexpensesininstallingthesemiceorinpreparing toinstalltheservicethatitotherwisewouldnothaveincurred,achargeequaltothecoststheCompanyincurred,less salvage,shall apply,but in no case shall this charge exceed the sum ofthechargefortheminimumperiodofserviceordered,includinginstallationcharges,and all charges others levy against theCompanythatwouldhavebeenchargeabletotheCustomerhadservicebegun. 10.1.3 The special charges described in 10.1.1.and 10.1.2 will becalculatedandappliedonacase-by-case basis. 10.2 Termination of Service Contract 10.2.1 After the expiration of the initial contract period,and if no newcontractperiodisagreedupon,in writing,by the Company andtheCustomer,service may be terminated upon thirty daysadvancenoticetotheCompany.The Customer shall beresponsibleforpaymentofallchargesduetothedateofterminationofthesemice,including charges calculated at amonth-to-month rate after the expiration of the contract period. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Section 10.TERMINATION OF SERVICE (Cont'd) 10.2 Termination of Service Contract (Cont'd) 10.2.2 If a Customer cancels a Service Order or terminates services before the completion of the term for any reason whatsoeverotherthanaserviceinterruption(as defined in 6.7.1 above), Customer agrees to pay to the Company following sums which shall become due and owing as of the effective date of the cancellation or termination and be payable within the period set forth in 6.2.2:all costs,fees and expenses reasonable incurred in connection with (1)AII Non-Recurring Charges reasonably expended byCompanytoestablishservicetoCustomer,plus (2)any disconnection,early cancellation or termination charges (3)reasonably incurred and paid to third parties by CompanyonbehalfofCustomer,plus (4)all Recurring Charges specified in the applicable Service Order price list for the balance of the then current term. 10.2.3 The Customer may terminate service prior to the expiration ofthetermiftheCustomerordersanewsemicethroughthe Company for a specific length of service and a minimum monthly billing commitment exceeding the original agreement. The former service will terminate on the start date of the newservice. 10.2.4 Restoration of Service A reconnection charge of $50.00 shall be imposed on any Customer whose service has been discontinued pursuant to theprovisionsofthispricelist.The Company reserves the right to impose additional advance payment and/or deposit requirements on such Customers prior to restoration of service,and to refuse to restore service until all amounts due have been paid. Should the Customer request that service be restored during aperiodotherthanregularworkinghours,such as evenings orweekends,the Customer may be required to pay an after-hour charge of $150.00 for service reconnection. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 33 Section 10.TERMINATION OF SERVICE (Cont'd) 10.3 Service Termination Unless otherwise provided by this price list or as required by the Commission or other local,state,or federal authorities,the Company will not terminate service to a Customer until a minimum of twenty-four (24)hours after notice or a diligent attempt to notify the Customer. 10.3.1 Seven-Day Notice Except as otherwise provided under the provisions of IDAPA 31.41.01.304 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.ThewrittennoticewillcontaintheinformationrequiredbyIDAPA 31.41.01.306. 10.3.2 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 thestepstotaketoavoidordelaytermination.Oral notice willcontainthesameinformationrequiredbyIDAPA31.41.01.306. 10.3.3 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 PublicUtilitiesCommission,or if other arrangements have not beenmadewiththecustomer,the Company will again make a diligent effort to contact the Customer of the proposed action.IftheCompanyhasnotterminatedservicewithintwenty-eight (28)days of mailing a written notice of termination,but still intends to terminate,the Company will again issue a writtennoticeassetoutbysubsection10.3.1 of this section. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 34 Section 11.TRANSFERS AND ASSIGNMENTS Neither the Company nor the Customer may assign or transfer its rights or duties inconnectionwiththeservicesandfacilitiesprovidedbytheCompanywithoutthewritten consent of the other party,except that the Company may assign its rights and duties (a)to any subsidiary,parent company or affiliate of the Company; (b)pursuant to any sale or transfer of some or all the assets of the Company; or (c)pursuant to any financing,merger or reorganization of the Company. Section 12.NOTICES AND COMMUNICATIONS 12.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications,except thatCustomermayalsodesignateaseparateaddresstowhichtheCompany's billsforserviceshallbemailed. 12.2 The Company shall designate on the Service Order and address to which the Customer shall mail or deliver all notices and other communications,except that Company may designate a separate address on each bill for service to which theCustomershallmailpaymentonthatbill. 12.3 All notices or other communications required to be given pursuant to this price list will be in compliance with Commission rules.Notices and other communications of either party,and all bills mailed by the Company,shall be presumed to have been delivered to the other party on the third business day following deposit of thenotice,communication or bill with the U.S.Mail or a private delivery service, prepaid and properly addressed,or when actually received or refused by the addressee,whichever occurs first. 12.4 The Company or the Customer shall advise the other party of any changes to the addresses designated for notices,other communications or billing,by followingtheproceduresforgivingnoticesetforthherein. 12.5 The Company shall give 'public notice"of all proposed changes in rates.Public notice must be reasonably designed to call affected Customer's attention to the proposed changes in rates.Legal advertisement alone will not be considered adequate public notice.Individual notice to all Customers affected will alwaysconstitutepublicnotice. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 35 Section 13.CUSTOMERS WITH LESS THAN SIX LINES 13.1 Purpose and Scope If a Customer is provided with less than six lines of senrice from the Company,theprovisionsofthissectionshallapplyinadditiontoanyotherprovisionofthispricelist.If any other provision of this price list conflicts with any provision of thissection,the provisions of this section shall govem for purposes of senting thosecustomerswithlessthansixlines. 13.2 Customers with Good Credit -Final Bills When a Customer with good credit voluntarily terminates service with theCompany,the final bill shall contain or be accompanied by a statement that theCustomerhadgoodcreditwiththeCompanyuponthedatethestatementwasissued.When an applicant for service presents such a statement to a localexchangeCompany(whether from one regulated by the Commission orotherwise),the statement constitutes evidence of good credit in the application forsenrice.However,presentation of such a statement will not require the companytoconsidertheapplicanttohavegoodcreditsolelyonthebasisofthatstatement. 13.3 Rate Information The Company shall transmit annually to each Customer with less than six linesandgivetoeachsuchnewCustomeratthetimeofinitiationoflocalexchangeserviceaclearandconcisewrittenexplanationofallservicestowhichtheCustomersubscribesandthechargesforthoseservices. 13.3.1 Customer Notice of Rate Change Proposed by the Company.If theCompanyappliesforaratechangeforanyserviceregulatedbytheCommissionunderthePublicUtilitiesLaw(Chapters 1 through 7,Title61,ldaho Code)provided to any Customer with less than six lines,it shallgivetoeachsuchCustomerastatement(Customer notice)announcingtheapplication.The notice shall be clear that the application is aproposal,subject to public review and a Commission decision.It shallalsoinformCustomersthatacopyoftheCompany's application isavailableforpublicreviewattheofficesofboththeCommissionand theCompany. 13.3.2 Distribution of Customer Notices The Customer notices referred to in subsection 13.3.1 of this sectionmaybemailedtoCustomersasbillinsertsoverthecourseofabillingcycleormaybecontainedinadditionalcommentpagestotheCustomer's monthly bill.If additional comment pages are used,theinformationrequiredbytheserulesshallbeclearlyidentified,easilyunderstood,and pertain only to the proposed rate change. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 36 Section 14.REGULATIONS 14.1 Undertaking of the Company 14.1.1 Scope The Company undertakes to furnish communications service pursuant to the terms of the price list in connection with one-way and/or two-wayinformationtransmissionbetweenpointswithintheStateofIdaho. 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 pricelistevenifsuchsharingorresaleagreementsexistregardlessofthe Company's knowledge of these arrangements.If service is jointlyorderedbymorethanonecustomer,each is jointly and severably liable for all obligations. Customers may use services and facilities provided under this price list to obtain access to services offered by other service providers.The Company is responsible under this price list only for the services and facilities provided herein,and it assumes no responsibility for anyserviceprovidedbyanyotherentitythatpurchasesaccesstothe Company network in order to originate or terminate its own services,or to communicate with its own Customers. The services of the Company are fumished for the transmission of voice communications but may also be used for data,facsimile,signaling,metering,or other similar communications,subject to the transmissioncapabilitiesofthetechnologiesorcombinationoftechnologiesavailable. Sentice is available twenty-four hours a day,seven days a week. 14.1.2 Shortage of Equipment or Facilities 14.1.2.1 The Company reserves the right to limit or allocate the use of existing facilities,or of additional facilities offered by theCompanywhennecessarybecauseoflackoffacilitiesor due to any cause beyond the Company's control. 14.1.2.2 The furnishing 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 fiber optic cablefacilitiesaswellasfacilitiestheCompanymayobtainfrom other carriers,from time to time,to furnish service as requiredatthesolediscretionoftheCompany. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 37 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.3 Terms and Conditions 14.1.3.1 Except as otherwise provided herein,service is provided and billed on the basis of a minimum period of at least one month,and shall continue to be provided until canceled by the Customer,in writing,on not less than 30 days notice.Unlessothenvisespecifiedherein,for the purpose of computingchargesinthispricelist,a month is considered to have 30 days.All calculations of dates set forth in this price list shall bebasedoncalendardays,unless otherwise specified herein. 14.1.3.2 Customers may be required to enter into written Service Orders which shall contain or reference the name of the Customer,a specific description of the service ordered,theratetobecharged,the duration of the services,and the terms and conditions in this price list. 14.1.3.3 At the expiration of the initial term specified in each Service Order,or in any extension thereof,service shall continue on amonth-to-month basis at the then current rates unlessterminatedbyeitherpartyupon30dayswrittennotice.Any termination shall not relieve Customer of its obligation to payanychargesincurredundertheServiceOrderandthispricelistpriortotermination.The rights and obligations that by their nature extend beyond the termination of the term of theServiceOrdershallsurvivesuchtermination. 14.1.3.4 This price list shall be interpreted and governed by the laws oftheStateofIdaho. 14.1.3.5 Another telephone company must not interfere with the right ofanypersonorentitytoobtainservicedirectlyfromtheCompany. 14.1.3.6 The Customer has no property right to the telephone number or any other call number designation associated with servicesfurnishedbytheCompany.The Company reserves the right tochangesuchnumbers,or the central office designation associated with such numbers,or both,assigned to the Customer,whenever the Company deems it necessary to do so in the conduct of its business. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 38 Section 14.'riEGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.3 Terms and Conditions (Cont'd) 14.1.3.7 The Customer agrees to operate Company-provided equipment in accordance with instructions of the Company or the Company's agent.Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to section 14.1.3.8 below. 14.1.3.8.The Customer agrees to retum to the Company all Company- provided equipment delivered to Customer within five (5)days of termination of the service in connection with which the equipment was used.Said equipment shall be in the same condition as when delivered to Customer,normal wear and tear only excepted.Customer shall reimburse the Company,upon demand,for any costs incurred by the Company due to Customer's failure to comply with this provision. 14.1.4 Liability of the Company Because the Customer has exclusive control of its communications over the services fumished by the Company,and because interruptions and errors incident to these services are unavoidable,the services the Company furnishes are subject to the terms,conditions,and limitations specified in this price list and to such particular terms,conditions,and limitations as set forth in the special regulations applicable to the particular services and facilities furnished under this price list. 14.1.4.1 The liability of the Company for damages arising out of the furnishing of these services,including but not limited to mistakes,omissions,interruptions,delays,or errors,or other defects,representations,or use of these services or arising out of the failure to fumish the service,whether caused by acts of commission or omission,shall be limited to the extension of allowances as set forth in the section of this price list on Allowances for Interruptions in Service.The extension of such allowances for interruption shall be the sole remedy of the Customer,authorized user,or joint user and the sole liability of the Company. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 39 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.4 Liability of ine Company (Cont'd) 14.1.4.2 The Company shall not be liable or responsible for any direct, indirect,incidental,special,consequential,exemplary,lost profits,or punitive damages to the Customer as a result of any Company senrice,equipment or facilities,or the acts or omissions or negligence of the Company's employees or agents. 14.1.4.3 The Company shall not be liable for any failure of performance or equipment due to causes beyond its control,including but not limited to:acts of God,fire,flood or other catastrophes;any law,order,regulation,direction,action,or request of the United States Govemment,or of any other govemment,including state and local govemments having or claiming jurisdiction over the Company,or of any department,agency commission,bureau, corporation,or other instrumentality of any one or more of these federal,state,or local governments,or any civil or military authority;national emergencies;insurrections;riots;wars; unavailability of rights-of-way or materials;or strikes,lock-outs, work stoppages,or other labor difficulties. 14.1.4.4 The Company shall not be liable for any act or omission or defect of any entity furnishing services,facilities or equipment used for or with the Company's services,to the Company or to the Customer,or for the acts or omissions of common carriers or warehousemen. 14.1.4.5 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer provided equipment or facilities. 14.1.4.6 The Company shall not be liable for the claims of vendors supplying equipment to Customers of the Company which may be installed at premises of the Company nor shall the Company be liable for the performance of said vendor or vendor's equipment. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 40 Section 14.REGULATIONS (Cont'd) 14.1Undertaking of the Company (Cont'd) 14.1.4 Liability of the Company (Cont'd) 14.1.4.7 The Company does not guarantee nor make any warranty withrespecttoinstallationsitprovidesforuseinanexplosive atmosphere.The Customer indemnifies and holds the Company harmless from any and all loss,claims,demands, suits,or other action,or any liability whatsoever,whether suffered,made,instituted,or asserted by any other party orperson(s),and for any loss,damage,or destruction of any property,whether owned by the Customer or others,caused or claimed to have been caused directly or indirectly by the installation,operation,failure to operate,maintenance, removal,presence,condition,location,or use of any installation so provided. 14.1.4.8 The Company is not liable for any defacement of or damage to the premises of a Customer (or authorized or joint user) resulting from the furnishing of senrices or equipment on suchpremisesortheinstallationorremovalthereof,when such defacement or damage is not the result of negligence or willfulmisconductonthepartoftheagentsoremployeesoftheCompany. 14.1.4.9 The Company shall not be liable for any damages resultingfromdelaysinmeetinganyservicedatesduetodelays resulting from normal construction procedures.Such delaysshallinclude,but not be limited to,delays in obtainingnecessanjregulatoryapprovalsforconstruction,delays in obtaining right-of-way approvals and delays in actual construction work. 14.1.4.9 The Company shall not be liable for any damages whatsoever to property resulting from the installation,maintenance,repair or removal of equipment and associated wiring unless the damage is caused by the Company's willful misconduct ornegligence. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 41 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.4 Liability of the Company (Cont'd) 14.1.4.11 The Company shall be indemnified,defended and held harmless by the Customer against any claim,joss,expense, damage or liability arising from Customer's use of services involving claims for libel,slander,invasion of privacy,or infringement of copyright,patent,trade secret,or proprietary orintellectualpropertyrightofanythirdpartyarisingfromanyact or omission by the Customer,including without limitation,the Customer's own communications or use of the Company'sservicesandfacilitiesinamannernotcontemplatedbythis price list or by any agreement between the Customer and the Company. The Company's entire liability,if any,for any claim,joss, damage or expense from any cause whatsoever shall in noeventexceedsumsactuallypaidtheCompanybytheCustomerforthespecificservicesgivingrisetotheclaim.No action or proceeding against the Company shall be commenced morethanoneyearaftertheserviceisrendered.With respect to thefurnishingofCompany's services to public safety answering points or municipal emergency service providers,the Company's liability,if any,will be limited to the lesser of: a)the actual monetary damages incurred and proved by the Customer as the direct result of the Company's action,or failure to act,in providing the service;or b)the sum of $1,000.00 In the event parties other than the Customer,including but notlimitedtojointusersandtheCustomer's Customers,shall have use of the Company's service directly or indirectly through the Customer,then the Customer agrees to forever indemnify andholdtheCompanyharmlessfromandagainstanyandallsuch claims,demands,suits,actions,losses,damages,assessments or payments which may be asserted by said padies arising outoforrelatingtotheCompany's furnishing of senrice. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 OngnalSheet 42 i Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.4 Liability of the Company (Cont'd) 14.1.4.12 The Company shall not incur any liability,direct or indirect,toanypersonwhodialsorattemptstodialthedigits"9-1-1"or toanyotherpersonwhomaybeaffectedbythedialingofthe digits "9-1-1". 14.1.4.13 THE COMPANY MAKES NO WARRANTIES ORREPRESENTATIONS,EXPRESS OR IMPLIED EITHER INFACTORBYOPERATIONOFLAW,STATUTORY OROTHERWISE,INCLUDING WARRANTIES OFMERCHANTABILITYORFITNESSFORAPARTICULAR USE,EXCEPTTHOSE EXPRESSLY SET FORTH HEREIN. 14.1.5 Notification of Service-Affecting Activities The Company will provide the Customer reasonable notification ofservice-affecting activities that may occur in normal operation of itsbusiness.Such activities may include,but are not limited to,equipment or facilities additions,removals or rearrangements and routinepreventativemaintenance.Generally,such activities are not specific toanindividualCustomerbutaffectmanyCustomerservices.No specificadvancenotificationperiodisapplicabletoallserviceactivities.TheCompanywillworkcooperativelywiththeCustomertodeterminethereasonablenotificationsrequirements.With some emergency orunplannedservice-affecting conditions,such as outage resulting fromcabledamage,notification to the Customer may not be possible. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 43 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.6 Provision of Equipment and Facilities 14.1.6.1 The Company shall use reasonable efforts to make availablesenricestoaCustomeronorbeforeaparticulardate,subject totheprovisionsofandcompliancebytheCustomerwith,theregulationscontainedinthispricelist.The Company does notguaranteeavailabilitybyanysuchdateandshallnotbeliable for any delays in commencing service to any Customer. 14.1.6.2 The Company shall use reasonable efforts to maintain facilitiesthatitfurnishestotheCustomer.The Customer may not,nor may the Customer permit others to,rearrange,disconnect,remove,attempt to repair,or otherwise interfere with any of thefacilitiesinstalledbytheCompany,except upon the writtenconsentoftheCompany. 14.1.6.3 Equipment or facilities installed at the Customer Premises foruseinconnectionswiththeservicestheCompanyoffersshall not be used for any purpose other than that for which the Company provided it. 14.1.6.4 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 fumished pumuant to this price list,the responsibility of the company shall be limited to thefumishingoffacilitiesofferedunderthispricelistandto the maintenance and operation of such facilities.Beyond thisresponsibility,the Company shall not be responsible for: (a)the transmission of signals by Customer provided equipment or for the quality of,or defects in,such transmission;or (b)the reception of signals by Customer provided equipment;or (c)network control signaling where such signaling is performed by Customer-provided network control signalingequipment. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 44 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.7 Non-routine Installation At the Customer's request,installation and/or maintenance may beperformedoutsidetheCompany's regular business hours or inhazardouslocations.In such cases,charges based on cost of the actuallabor,material,or other costs incurred by or charged to the Company willapply.If installation is started during regular business hours but,at theCustomer's request,extends beyond regular business hours into timeperiodsincluding,but not limited to,weekends,holidays,and/or nighthours,additional charges may apply. 14.1.8 Special Construction Subject to the agreement of the Company,special construction offacilitiesmaybeundertakenonareasonableeffortbasisattherequestoftheCustomer.Special construction may include that constructionundertaken: a)where facilities are not presently available; b)of a type other than that which the Company would normally utilizeinthefurnishingofitsservice; c)over a route other than that which the Company would normallyutilizeinthefurnishingofitsservices; d)in a quantity greater than that which the Company would normallyutilizeofitsservices; 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 CompanyconsistentwithbudgetaryresponsibilitiesandconsiderationfortheimpactonCompany's other Customers and contractual responsibilities. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 45 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.9 Selection of Transmission The Company selects and/or arranges for directly or with its underlying carrier(s)the channels and/or service components and underlying network facilities used to provide service.The Company may modify or change the channels,service components and underlying Company facilities or the 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. 14.1.10 Ownership of Facilities Title to all facilities,equipment,related plans and proposals,provided by the Company in fumishing sentice 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. 14.1.11 Telecommunications Service Priority The Telecommunications Service Priority System is the regulatory, administrative and operational system authorizing and providing for priority treatment,to provide and restore National Security Emergency Preparedness Telecommunications service.Under the rules of the Telecommunications Service Priority System,The Telephone Company is authorized and required to provide and restore services with Telecommunications Service Priority assignments before services without such assignments.The provision and restoration of Telecommunications Service Priority System services shall be in compliance with Part 64,Appendix A,of the Federal Communications Commission's Rules and Regulations,the guidelines set forth in the Telecommunications Service Priority for National Security Emergency Preparedness Service User Manual and Service Vendor Handbook. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 46 Section 14.REGULATIONS (Cont'd) 14.1 Undertaking of the Company (Cont'd) 14.1.12 Government Authorization The provision of the Company's services is subject to and contingentupontheCompanyobtainingandretainingallgovernmental authorizations that may be required.The Company shall be entitled to take any action necessary to bring its facilities and/or services intoconformancewithanyrequirementorrequestoftheFederalCommunicationsCommissionorothergoverningentityoragency. 14.1.13 Rights of Way Provisioning of the Company's services is subject to and contingent upontheCompany's ability to obtain and maintain rights-of-way and access topublicandprivatepropertynecessaryforinstallationofthefacilitiesused to provide the Company's services to the Customer's service point asagreedtobytheCompany. 14.2 Prohibited Uses 14.2.1 The service the Company offers shall not be used for any unlawfulpurposeorforanyuseastowhichtheCustomerhasnotobtained all required govemmental approvals,authorizations,licenses,consents andpermits. 14.2.2 The Company may require a Customer to immediately shut down itstransmissionofsignalsifsaidtransmissioniscausinginterferencetoothers. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 47 Section 14.REGULATIONS (Cont'd) 14.3 Obligations of the Customer 14.3.1 General The Customer shall be responsible for: (a)the payment of all applicable charges pursuant to this price list; (b)reimbursing the Company for damage to,or loss of,the Company'sfacilitiesorequipmentcausedbytheactsoromissionsoftheCustomer;or the noncompliance by the Customer,with theseregulations;or by fire or theft or other casualty on the Customer'spremises,unless caused by the negligence or willful misconduct oftheemployeesoragentsoftheCompany.The Company will,uponreimbursementfordamages,cooperate with the Customer in prosecuting a claim against the person causing such damage andtheCustomershallbesubrogatedtotheCompany's right ofrecoveryofdamagestotheextentofsuchpayment. (c)providing at no charge,as specified from time to time by theCompany,any needed personnel,equipment,space and power tooperateCompanyfacilitiesandequipmentinstalledonthepremisesoftheCustomer,and the level of heating and air conditioningnecessarytomaintaintheproperoperatingenvironmentonsuchpremises; (d)obtaining,maintaining,and otherwise having full responsibility for allrights-of-way and conduit necessary for installation of fiber opticcableandassociatedequipmentusedtoprovidelocalexchangeservicetotheCustomerfromthecablebuildingentranceorpropertylinetothelocationoftheequipmentspacedescribedin14.3.1(c).Any costs associated with the obtaining and maintaining the rights- of-way described herein,including the costs of altering the structuretopermitinstallationoftheCompany-provided facilities,shall bebomeentirelyby,or may be charged by the Company to,theCustomer.The Company may require the Customer to demonstrateitscompliancewiththissectionpriortoacceptinganorderforservice; Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 48 Section 14.REGULATIONS (Cont'd) 14.3 Obligations of the Customer (Cont'd) 14.3.1 General (Cont'd) (e)providing a safe place to work and complying with all laws andregulationsregardingtheworkingconditionsonthepremisesatwhichCompanyemployeesandagentsshallbeinstallingormaintainingtheCompany's facilities and equipment.The CustomermayberequiredtoinstallandmaintainCompanyfacilitiesandequipmentwithinahazardousareaif,in the Company's opinion,injury or damage to the Company's employees or property mightresultfrominstallationormaintenancebytheCompany.TheCustomershallberesponsibleforidentifying,monitoring,removinganddisposingofanyhazardousmaterial(e.g.friable asbestos)prior to any construction or installation work; (f)complying with all laws and regulations applicable to,and obtainingallconsents,approvals,licenses and permits as may be required with respect to,the location of Company facilities and equipment inanyCustomerpremisesortherights-of-way for which Customer isresponsible;and granting or obtaining permission for CompanyagentsoremployeestoenterthepremisesoftheCustomerat anytimeforthepurposeofinstalling,inspecting,maintaining,repairing,or upon termination of senrice as stated herein,removing thefacilitiesorequipmentoftheCompany; (g)not creating or allowing to be placed or maintained any liens or otherencumbrancesontheCompany's equipment or facilities;and (h)making Company facilities and equipment available periodically formaintenancepurposesatatimeagreeabletoboththeCompanyandtheCustomer.No allowance for interruptions in service will bemadefortheperiodduringwhichserviceisinterruptedforsuchpurposes. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 49 Section 14.REGULATIONS (Cont'd) 14.3 Obligations of the Customer (Cont'd) 14.3.2 Indemnification With respect to any service or facility provided by the Company,Customer shall indemnify,defend and hold harmless the Company from and against all claims,actions,damages,liabilities,costs and expenses,including reasonable attorneys'fees for: (a)any loss,destruction or damage to property of the Company or anythirdparty,or the death of or injury to persons,including,but notlimitedto,employees or invitees of either the Company or the Customer,to the extent caused by or resulting from the negligent orintentionalactoromissionoftheCustomer,its employees,agents,representatives or invitees;or (b)any claim,loss damage,expense or liability for infringement of anycopyright,patent,trade secret,or any proprietary or intellectual property right of any third party,arising from any act or omission bytheCustomer,including,without limitation,use of the Company'sservicesandfacilitiesinanamenotcontemplatedbythepricelist oranyagreementbetweentheCustomerandtheCompany. 14.4 Customer-Provided Equipment and Channels 14.4.1 General A Customer may transmit or receive information or signals via the facilities of the Company. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 50 | Section 14.REGULATIONS (Cont'd) 14.4 Customer-Provided Equipment and Channels (Cont'd) 14.4.2 Station Equipment 14.4.2.1 The Customer is responsible for providing and maintaining any terminal equipment on the Customer premises.The electric power consumed by such equipment shall be provided by,and maintained at the expense of,the Customer.AII such terminal equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations.The Company will,where practicable,notify the Customer that temporary discontinuance of the use of a service may be required;however,where prior notice is not practicable,nothing contained herein shall be deemed to impair the Company's right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances.In case of such temporary discontinuance,the Customer will be promptly notified and afforded the opportunity to correct the condition that gave rise to the temporary discontinuance.During such period of temporary discontinuance,credit allowance for service interruptions as set forth in Section 7 following is not applicable. 14.4.2.2 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,or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-provided equipment and wiring or injury to the Company's employees or other persons.Any additional protective equipment required to prevent such damage or injury shall beprovidedbytheCompanyattheCustomer's expense. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 51 Section 14.REGULATIONS (Cont'd) 14.4 Customer-Provided Equipment and Channels (Cont'd) 14.4.3 Interconnection of Facilities 14.4.3.1 Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing communication services and the channels,facilities,or equipment of others may be provided at the Customer's expense. 14.4.3.2 Communication services may be connected to the sentices or facilities of other communications carriers only when authorized by,and in accordance with,the terms and conditions of the price lists of the other communications carriers that are applicable to such connections. 14.4.3.3 Facilities fumished under this price list may be connected to Customer provided terminal equipment in accordance with the provisions of this price list. 14.4.4 Inspections 14.4.4.1 Upon reasonable notification to the Customer,and at a reasonable time,the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth in Section 14.4.2.2 for the installation,operation,and maintenance of Customer-provided facilities and equipment to Company- owned facilities and equipment.No credit will be allowed for any interruptions occurring during such inspections. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 l Original Sheet 52 I Section 14.REGULATIONS (Cont'd) 14.4 Customer-Provided Equipment and Channels (Cont'd) 14.4.4 Inspections (Cont'd) 14.4.4.2 If the protective requirements for Customer-provided equipment are not being complied with,the Company may take such action,as it deems necessary to protect its facilities,equipment, and personnel.The Company will notify the Customer promptly if there is any need for further corrective action.Within ten days of receiving this notice the customer must take this corrective action and notify the Company of the action taken.If the Customer fails to do this,the Company may take whatever additional action is deemed necessary,including the - suspension of service,to protect its facilities,equipment and personnel from harm.The Company will,upon request 24 hours in advance,provide the Customer with a statement of technical parameters that the Customer's equipment must meet. 14.5 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. 14.6 Exculpatory Clause The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law.Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims.It is also the court's responsibility to determine the validity of the exculpatory clause. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 53 Section 15.LOCAL EXCHANGE SERVICES 15.1 Application to Local Exchange Services This section contains the regulations and rates applicable to the provision ofResidentialandCommercialLocalExchangeServicesbyDigitalEasyChair. 15.2 General Local Exchange Services provides the Customer with connection to the publicswitchedtelecommunicationsnetwork.In addition,Local Exchange ServiceprovidestheCustomerwithauniquetelephonenumberaddressonthepublicswitchedtelecommunicationsnetwork.Each Local Exchange Service enables thecustomerto: a)receive calls from other stations on the public 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 theCompany; d)access the Company's operators and business offices for service relatedassistance; e)access emergency services by dialing 0-or 9-1-1;and f)access services provided by other common carriers that purchase theCompany's Switched Access Services as provided under the Company'sFederalandStatepricelistsorpricelist,or which maintain other types oftrafficexchangearrangementswiththeCompany. 15.3 Business Service Descriptions 15.3.2 Simple Business Service A Simple Business Line provides the Customer with 2-waycommunications.This line has no features.It's primary application is forfaxes,modems and any area where you only need basic functionalityandnospecialcallingfeatures. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 54 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.2 Enhanced Business Service The Enhanced Business Line provides the Customer the same functionality as Simple Business Line service,but includes the following features as standard:Call Forward AII Calls,Call Fonward Busy- Programmable,Call Forward No Answer-Programmable,Call Transfer, Call Waiting,Caller ID-Number,Conferencing,Hunting,Last Call Retum, Speed Call 8/30.Customers subscribing to Enhanced Business Senrice are required to pay the monthly rates for service,whether or not all standard features are activated at initial installation.Optional features are available for an additional charge. 15.3.3 Analog Trunk Service (ATS) Analog Trunk Service provides a Customer with a single voice grade channel that can be used to place or receive one call at a time.Analog Trunks are provided for connection of a Customer-provided private branch exchange (PBX)to the public switched network.Analog Trunks may be equipped with Direct Inward Dial (DID)Capability and DID number blocks for an additional charge. 15.3.5 Digital Trunk Service (DTS) Digital Trunk Service provides a Customer with a digital connectionoperatingat1.544 Mbps that is time-multiplexed up to 24 individual voice grade channels.Digital Trunks are provided for connection with a compatible Customer-provided PBX to the public switched telecommunications network.Each Digital Trunk is provided with dual tone multi-frequency (DTMF)or multi-frequency (MF)signaling,as specified by the Customer. Individual channels carried over a Digital Trunk may be equipped with DID capability and DOD/DID (2 Way DID)and DID number blocks for an additional charge. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 55 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.5 Standard Enhanced Business Service Features a)Call Forwarding All Calls Allows you to fonvard both busy and no answer calls to the same number. b)Call Forward Busy -Programmable Allows you to change the number that you forward calls to on a busy condition to a separate number than the one you forward calls to on a no answer condition. c)Call Forward Don't Answer -Programmable Allows you to change the number that you forward calls to on a no answer condition to a separate number than the one you forward calls to on a busy condition. d)Call Hold Allows the Customer to place a caller on-hold by dialing a code. e)Call Transfer Allows you to transfer a call on your line to another line. f)Caller identification -Number Allows you to see the number calling you on a telephone equipped with a Caller ID display.This is functionality that the Customer purchases.The Company does not supply this equipment. g)Conferencing Allows you to add or conference another party into an existing call or conversation. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 56 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.5 Standard Enhanced Business Service Features (Cont'd) h)Call Waiting Allows you to take a second incoming call and to toggle backandforthbetweenthetwocallswhileonlyhavingoneline.Atonealeltsyoutothesecondincomingcall.The customer mayalsocancelthisfeature. i)Hunting Allows an incoming call to automatically search for an idle line when the Customer has more than one line. j)Last Call Retum Allows you to automatically dial the last call that called you bydialingacode. k)Speed Dialing 8 and 30 Code Allows you to program 8 or 30 frequently dialed numbers intomemoryonalineandsubsequentlyaccessthembyusingaoneortwodigitabbreviateddialingcode. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 57 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Service Descriptions (Cont'd) 15.3.6 Optional Enhanced Business Service Features a)Caller ID Name and Number Displays the call identification information and the calling party's directory name and number (including non-published and non- listed directory name and numbers)prior to the call being answered.Callers have the ability to block the delivery of calling party information to the terminating number. b)Caller ID -Call Waiting Displays the call identification information and the calling party's directory name and number (including non-published and non-listed directory names and numbers)prior to the call being answered on Call Waiting.Caller ID on Call Waiting can offer number only or name and number delivery. c)Call Park Allows the Customer to place a call on hold and then retrieve it from any station by dialing a code. d)Call Rejection This feature allows a station to block callers who do not identify themselves. e)Remote Call Forward This feature allows a customer to dial a number that forwarded to another number that can be located in another city. f)Remote Access Call FonNarding This feature allows the Customer to send calls to another phone,from a different (remote)location.It allows the Customer to have the flexibility to activate,deactivate,or change the "fonvard to"number from a touch-tone phone Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 58 i Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.7 Integrated Services Digital Network Primary Rate Interface (ISDN PRI) The basic PRI service structure consists of 23 B-channels and one D-channel,or 24 B channels,for a total transmission rate of 1.544 Mbit/s,which is equivalent to a Tl facility.Each 64 Kbit/s B-channel carries user information such as voice calls,circuit-switched data,or video.The D-channel is a 64 Kbits/s channel that is used to carry the control or signaling information. 15.3.7.1 Data Only PRI A Circuit-Switched Data Connection is a central office translation that provisions 23 or 24 B-channels on a PRI Ti facility.All B-channels are dedicated with 2-way operation and have access to the exchange network.Incoming calls are restricted to circuit-switched data or video. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 59 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.7 Integrated Services Digital Network Primary Rate Interface (ISDN PRI) (Cont'd) 15.3.7.2 Voice and Data PRI B-channels carry user information such as voice calls,circuitswitcheddata,or video,while the D-channel handles signalinginformation. 15.3.7.3 Standard Features a)Calling Number Identification This feature displays the call identification information andthecallingparty's directory number prior to the call being answered.Callers have the ability to block the delivery ofcallingpartyinformationtotheterminatingnumber. b)Calling Number Identification Blocking All Calls This feature allows all outgoing calls to have the associated call identification information blocked. c)Circuit-Switched Data This feature allows the transmission of circuit-switched data on a voice circuit. d)Direct Inward Dialing (DID)Service This feature allows users to place or receive calls by passing the attendant. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.7 Integrated Services Digital Network Primary Rate Interface (ISDN PRI)(Cont'd) 15.3.7.4 Premier Features Descriptions a)Call Forwarding Busy Line for Circuit-Switched Data This feature permits all circuit-switched data calls attempting to terminate to a busy public data network to be redirected to another Customer-specified directory number.A busy line condition exists when a circuit switched data B-Channel is unavailable.This feature can either be assigned to the user on an active basis or it can be assigned to a feature button that can be activated or deactivated by the user.If the feature is assigned to a feature button,the directory number can be changed by dialing an access code and programming the new directory number. b)Call Forwarding Don't Answer For Circuit-Switched Data This feature permits all circuit-switched data calls attempting to terminate to an idle public data network to ring a specified number of seconds prior to being forwarded to a previously specified directory number.This feature can either be assigned to the user on an active basis or it can be assigned to a feature button that can be activated or deactivated by the user.If the feature is assigned to a feature button,the directory number can be changed by dialing an access code and programming the new directory number. c)Call Forwarding Variable All Calls For Circuit Switched Data This feature allows circuit-switched data calls,attempting to terminate to a line,to be redirected to another specified line.The user must activate or deactivate the forwarding function by either using an access code or a feature button.If the feature button is assigned to a feature button,the directory number can be changed by dialing an access code and programming the new directory number. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 61 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.3 Business Service Descriptions (Cont'd) 15.3.7 Integrated Services Digital Network Primary Rate Interface (lŠDN PRI) (Cont'd) 15.3.7.4 Premier Features Descriptions (Cont'd) d)Call-by-Call Selection The PRI B-Channels are configured to support inwardloutward,public/private,intemational,and WATS call flexibility to be determined by the Customer traffic flow. 15.3.8 Number Services 15.3.8.1 Reserved Numbers Service Description Reserved Numbers Service allows the Customer to reserve a number,or a block of numbers,for future use. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 62 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.4 Directory Sentices Customer directory listings will be provided by the Company to the incumbent local exchange company for publication. 15.4.1 Definitions a)Additional Listing A listing provided in addition to the primary or main listing on a telephone service.Examples of additional listings are the name of another individual,in addition to the person listed in the main listing of a residence,dual name listing,or the name of an employee of a business,or another name by which a business is known. b)Directory Listing Essential information in the telephone directonj or Directory Assistance record that allows telephone users to determine the telephone number of a listed customer.Each primary business and residential service is entitled to a listing appearance in the alphabetical section of the directory at no additional charge.Each primary business service is also entitled to a listing in the classified sections of the directory at no additional charge. c)DirectorjLine of Information Any information in addition to the Directonj Listing is considered Directory Line of Information. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 63 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.5 Residence Service Descriptions 15.5.1 Simple Residence Service A Residence Line provides the Customer with 2-way communications.This line has no features.It's primary application is for faxes,modems and any area where you only need basic functionality and no special calling features. 15.5.2 Enhanced Residence Service The Enhanced Residence Line provides the Customer the same functionality as the Simple Residence Line service,but includes the following features as standard:Call Forward AII Calls,Call Waiting,Caller ID-Number,Last Call Retum.Customers subscribing to Enhanced Residence Service are required to pay the monthly rates for service, whether or not all standard features are activated at initial installation. Optional features are available for an additional charge. 15.5.3 Standard Enhanced Residence Service Features a)Call Forwarding All Calls Allows you to forward both busy and no answer calls to the same number. b)Caller [dentification -Number Allows you to see the number calling you on a telephone equipped with a Caller ID display.This is functionality that the Customer purchases.The Company does not supply this equipment. c)Call Waiting Allows you to take a second incoming call and to toggle back and forth between the two calls while only having one line.A tone alerts you to the second incoming call.The customer may also cancel this feature. d)Last Call Return Allows you to automatically dial the last call that called you by dialing a code. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 OrÏginal Sheet 64 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.6 Rates and Charges 15.6.1 Business Service Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term Term Simple Business Line $25.00 $30.50 $29.25 $28.50 $27.00 $26.00 Enhanced Business Line $45.00 $35.00 $30.00 $27.00 $25.50 $24.50 Analog 2 Way Trunks $90.00 $15.00 $15.00 $15.00 $15.00 $15.00 Digital 2 Way Trunks $25.00 $38.20 $36.30 $35.10 $34.30 $32.40 Line Changes per Order $20.00 NA NA NA NA NA Change to LD Provider $5.00 N/A N/A N/A N/A N/A Listing Changes per Order $10.00 NA NA NA NA NA Service Order Charge $10.00 NA NA NA NA NA 15.6.2 Optional Features Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term Term Calling Features Remote Call Fonwarding $24.00 $20.00 $20.00 $20.00 $20.00 $20.00 Remote Access Call Forwarding $10.00 $4.50 $4.50 $4.50 $4.50 $4.50 Caller ID Name and Number $10.00 $6.00 $6.00 $6.00 $6.00 $6.00 Caller ID -Call Waiting $10.00 $5.00 $5.00 $5.00 $5.00 $5.00 Call Park $10.00 $5.00 $5.00 $5.00 $5.00 $5.00 Call Rejection $10.00 $4.00 $4.00 $4.00 $4.00 $4.00 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 65 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.6 Rates and Charges (Cont'd) 15.6.2 Optional Features (Cont'd) Voice Mail Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term Term Standard Box $12.00 $9.95 $9.95 $9.95 $9.95 $9.95ExtensionBox $12.00 $4.00 $4.00 $4.00 $4.00 $4.00RouterBox $12.00 $4.00 $4.00 $4.00 $4.00 $4.00MessageNotification $12.00 $2.50 $2.50 $2.50 $2.50 $2.50 15.6.3 DID Trunk Service Charges Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term TermAnalogDIDTrunks $90.00 $105.75 $101.25 $99.00 $93.25 $90.00DigitalDIDTrunks $50.00 $65.50 $58.50 $56.000 $54.00 $52.60DigitalTwoWayDID Trunks $55.00 $65.50 $58.50 $56.00 $54.00 |$52.00 15.6.4 Number Services Charges Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term TermDIDStation#'s $1.00 $.15 $0.15 $0.15 $0.15 $0.15ReservedDID Number |$1.00 $.15 $0.15 $0.15 $0.15 $0.15DirectoryLineof Information :NA $.50 NA NA NA NAAdditionalDirectory Listing NA $1.00 $1.00 $1.00 $1.00 $1.00 Non-Published Service $25.00 $1.25 $1.25 $1.25 $1.25 $1.25Non-Listed Service $25.00 $.75 $.75 $.75 $.75 $.75 Listing Changes $20.00 NA NA NA NA NA Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 66 Section 15.LOCAL EXCHANGE SERVICES (Cont'd) 15.6 Rates and Charges (Cont'd) 15.6.5 ISDN PRI Service Charges Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term Term Data Only $1,000.00 $1,050.00 $1,020.00 $995.00 $940.00 $900.00 Data Only -per Trunk $55.00 $43.00 $43.00 $43.00 $43.00 $43.00 Voice and Data $1,500.00 $2000.00 $1800.00 $1760.00 $1650.00 $1600.00 Voice and Data per Trunk $65.00 $83.00 |$83.00 $83.00 $83.00 $83.00 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 67 Section 15 LOCAL EXCHANGE SERVICES (Cont'd) 15.6.6 Residence Ser/ice Charges Installation Monthly 1 Year 2 Year 3 Year I 5 Year Charge Rate Term Term Term Term Simple Residence Line $25.00 $15.75 $15.75 $15.75 $15.75 $15.75 Enhanced Business Line $30.00 $18.75 $18.75 $18.75 $18.75 $18.75 15.6.7 Optional Features Calling features Installation Monthly 1 Year 2 Year 3 Year 5 Year Charge Rate Term Term Term Term Remote Call Fontvarding $24.00 $20.00 $20.00 $20.00 $20.00 $20.00 Remote Access Call Forwarding $10.00 $4.50 $4.50 $4.50 $4.50 $4.50 Caller ID Name and Number $10.00 $6.00 $6.00 $6.00 $6.00 $6.00 Caller ID -Call Waiting $10.00 $5.00 $5.00 $5.00 $5.00 $5.00 Call Rejection $10.00 $4.00 ,$4.00 $4.00 $4.00 $4.00 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 67 Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 68 Section 15 LOCAL EXCHANGE SERVICES (Cont'd) Reserved for Future Use. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 69 Section 15 LOCAL EXCHANGE SERVICES (Cont'd) Reserved for Future Use. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 70 Section 15 LOCAL EXCHANGE SERVICES (Cont'd) Reserved for Future Use. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 71 Section 16.INTRALATALONG DISTANCE SERVICE 16.1 General This section applies to Long Distance Services fumished or made available by theCompanyandconnectingcarriers,between two or more points,which are located inthesameLocalAccessTransportArea(LATA)within the State of Idaho. 16.2 Dial Station-to-Station Service The Company offers IntraLATA Dial Station-to-Station Long Distance Service toLocalServicecustomers.The following charges apply when the calling party dialsthedesiredtelephonenumberwithouttheassistanceofanoperatorandthecallisbilledtothecallingnumber.This includes calls forwarded by call forwardingequipment.Dial Station-to-Station also applies when the operator: Records the calling telephone number for areas without recordingequipment. Reaches the called telephone number because of trouble on thenetworkorbecausedialcompletionisnotavailable. Places a call for a calling party who is identified as being disabledandisunabletodialthecallbecauseofthatdisability. Reestablishes a dialed call when there is a service fault thatinterruptsacallafterthecalledpartyhasbeenreached. 16.3 Timing of Calls 16.3.1 Chargeable time for all calls begins when the connection isestablishedbetweenthecallingpartyandthecalledparty. 16.3.2 The timing for a call ends when the calling party hangs up thetelephone.If the called party hangs up,but the calling party doesnot,the timing of the call ends when the automatic timingequipmentorthecompanyoperatorreleasesthenetworkconnection. 16.3.3 Conversation minutes are billed in six (6)second incrementsfollowingtheinitialperiodofoneminute. Issued:Digital Easy Chair Effective: 1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 72 Section 16.INTRALATA LONG DISTANCE (Cont'd) 16.4 Collection of Charges Charges for IntraLATA Long Distance calls are billed to the calling party,exceptwhere: The calling party places the call as a collect call and the calledpartyacceptsthecharge. The call is billed to a third telephone number,unless restrictedfromacceptingthiscalltype. The calling party uses an authorized calling card or special billingnumber. 16.5 Payment Arrangements The customer is responsible for payment of all charges for services fumished,dueuponreceiptofthebill.This responsibility includes charges for all: Calls originated at the customer's station. Calls accepted at the customer's station. Authorized calls billed to the customer's station. Authorized calls billed to the customer's calling card. 16.6 Rates Rate IntraLATA Long Distance Service,per minute.$.10 Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 73 Section 17.SWITCHED ACCESS SERVICES 17.1 Application to Switched Access Services This section contains particular regulations,rates and charges applicable to theprovisionofSwitchedAccessServicesbytheCompany. 17.2 Explanation of Abbreviations CCS Common Channel SignalingCCSACCommonChannelSignaling Access CapacityDLRDesignLayoutReportFGDFeatureGroupDLIDBLineInformationDataBasePIUPercentInterstateUsageSPOlSignalingPointofInterfaceSS7SignalingSystem7STPServiceTransferPointSWCServingWireCenter 17.3 General Service Description Switched Access Service,which is available to Customers for their use infurnishingtheirownservicestoEndUsers,provides a two-point electricalcommunicationspathbetweenaCustomer's premises and an End User'spremises.It provides for the use of terminating,switching,transport facilities andcommonsubscriberplantoftheCompany.Switched Access Service provides fortheabilitytooriginatecallsfromanEndUser's premises to an End User'spremisesintheLATAwhereitisprovided. 17.4 FGD Service Description FGD Service provides a trunk-side termination through the use of end office oraccesstandemswitchtrunkequipment.Wink-start,start pulsing and answersupervisorysignalingaresentbytheterminatingoffice.Disconnect-supervisorysignalingissentfromtheoriginatingorterminatingoffice.When FGD uses SS7outofbandsignaling,no signaling will be done via the message channel Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 74 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.4 FGD Service Description (Cont'd) FGD Service is provided with multi-frequency address signaling or SS7 out ofbandsignaling.Up to 12 digits of the called party number dialed by theCustomer's End User using dual-tone multi-frequency or dial-pulse addresssignalswillbeprovidedbytheCompany's equipment to the Customer'spremiseswheretheSwitchedAccessServiceterminates.Such address signalswillbesubjecttotheordinarytransmissioncapabilitiesoftheswitchedtransportprovided. FGD Service,when used in the terminating direction,may be used to accessvalidNXXcodesservedbytheCompany's switch,community informationservicesofaninformationprovider,and other Customer services (by dialingappropriatecodes)when such services can be reached using valid NXX codes.FGD may not be switched,in the terminating direction,to another TrunksideSwitchedAccessService. The Company will establish a trunk group or groups for the Customer at the endofficeswitchesoraccesstandemswitcheswhereFGDServiceisprovided.When required by technical limitations,a separate trunk group will beestablishedforeachtypeofFGDswitchingarrangementprovided.DifferenttypesofFGDorotherswitchingarrangementsmaybecombinedinasinglegroupattheoptionoftheCompany. The access code for FGD switching is a uniform access code of the form 10XXXor101XXX.These uniform access codes will be the assigned access numbersofallFGDaccessprovidedtotheCustomerbytheCompany.No access code isrequiredforcallstoaCustomeroverFGDSwitchedAccessServiceiftheEndUser's telephone service is arranged for presubscription to that Customer. Where no access code is required,the number dialed by the Customer's EndUsershallbeasevenorten-digit number for calls in the North AmericanNumberingPlan(NANP).For international calls outside the NANP,a seven totwelve-digit number may be dialed.The form of the numbers dialed by theCustomer's End User is NXX-XXXX,0,00,or 1 +NXX-XXXX,NPA +NXX-XXXX,0,00 or 1 +NPA +NXX-XXXX,and,when the end office is equipped forinternationalDirectDialing,01 +CC NN or 011 +CC +NN. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 75 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.4 FGD Service Description (Cont'd) When the 10XXXor 101XXX access code is used,FGD switching also providesfordialingthedigit0or00foraccesstotheCustomer's operator,911 for accesstoemergencyreportingservice,or at the Customer's option,the end-of-dialingdigit(#)for cut-through access to the Customer's premises. A Customer may order 950 or FGD to activate a Customer's designated 950-XXXaccesscode.This will allow the Company to direct those designated 950-XXXXcallsdialedbytheCustomer's End Users to the Customer's access service.TheCustomermustbepreparedtohandlenormallydialedFGDcalls,as well as calldialedwiththedesignated950-XXXXaccess code which requires the Customer toreceiveadditionaladdresssignaling.Such calls will be rated as FGD. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 76 i Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.5 Ordering Procedures Ordering and provisioning procedures for the Company's Switched AccessServiceareassetforthinthispricelist. The Customer shall provide all information necessary for the Company toprovideandbillfortherequestedserviceincluding: a)Customer name and premises address(es). b)Billing name and address (when different from Customer name andaddress). c)Customer contact name(s)and telephone number(s)for the followingprovisioningactivities:order negotiation,order confirmation,interactive design,installation and billing. 17.5.1 Ordering Options for Access Senrice Switched Access Service is provided by the Company as trunk-sideswitchedaccesswithequalaccesscapabilitiescompatiblewithindustrystandardsforFGDService. 17.5.1.1 Switched Access Service When a Customer requests new or additional SwitchedAccessServices,one or more Access Orders may berequired.The number of orders required is dependent on thetypeofservicesand/or facilities being requested. When placing an Access Order for service,the Customer shallspecify,at a minimum:information for Switched Transport asdescribedinthispricelist.This information is in addition to thebasicTrunksideSwitchedAccessServicearrangementinformation. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 77 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.5 Ordering Procedures (Cont'd) 17.5.1 Ordering Options for Access Service (Cont'd) 17.5.1.2 Trunkside Switched Access Service For Trunkside Switched Access Service ordered in trunks,theCustomershallspecifythenumberoftrunksandtheendofficewhenSwitchedTransportandLocalSwitchingoptionsaredesired.When ordering trunks to an access tandem or FGDtrunkstoaCustomer-provided tandem,the Customer mustalsoprovidetheCompanyanestimateoftheamountoftrafficitwillgeneratetoand/or from each end office subtending theaccesstandemorCustomer-provided tandem to assist theCompanyinitsowneffortstoprojectfurtherfacilityrequirements.In addition,the Customer shall specify forterminatingaccess,whether the trunks are to be arranged intrunkgrouparrangementsorprovidedassingletrunks.Thetraffictypemustalsobespecifiedusingthesamecategoriesasdescribedinthispricelist,to enable efficient provisioningandbillingfunctions. When a Customer orders Switched Access Service in trunks,the Customer is responsible to assure that sufficient accessfacilitieshavebeenorderedtohandleitstraffic. 17.5.1.3 LlDB When the Customer orders LIDB,the Customer must specify theOriginatingPointCode(s)and Location Identification Code(s)that will access the Company's LIDB per access order. 17.5.1.4 FGD with SS7 When the Customer orders FGD Service with SS7 out of bandsignaling,the Customer must specify the CCSAC ServicerequiredbetweentheCustomer's SPOl and the Company's STPlocationperaccessorder. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 78 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.5 Ordering Procedures (Cont'd) 17.5.2 Order Modifications The Customer may request a modification of its Access Order at anytimepriortonotificationbytheCompanythatserviceisavailablefortheCustomer's use.The Company will make every effort to accommodatearequestedmodificationwhenitisabletodosowiththenormalworkforceassignedtocompletesuchanorderwithinnormalbusinesshours. If the modification cannot be made with the normal work force duringnormalbusinesshours,the Company will notify the Customer.If theCustomerstilldesirestheAccessOrdermodification,the Company willscheduleanewservicedate.All charges for Access Ordermodificationswillapplyonaper-occurrence basis. Any increase in the number of Switched Access Service facilities ortrunkswillbetreatedasanewAccessOrder(for the increased amountonly) 17.5.2.1 Design Change The Customer may request a design change to the serviceordered.A design change is any change to an Access Orderthatrequiresengineeringreview.An engineering review is areviewbyCompanypersonneloftheserviceorderedandtherequestedchangestodeterminewhatchangeinthedesign,ifany,is necessary to meet the changes requested by theCustomer.Design changes include such things as a change ofEndUserpremiseswithinthesameservingwirecenter,theadditionordeletionofoptionalfeatures,functions,or a changeinthetypeofTransportTermination(Switched Access only),type of channel interface,type of Interface Group or technicalspecificationpackage. Design changes do not include a change of Customerpremises,End User premises to a different serving wire centerorendofficeswitch.Changes of this nature will require theissuanceofaneworderandthecancellationoftheoriginalorderwithappropriatecancellationchargesapplied Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 79 Section 17.SWITCHEDACCESS SERVICES (Cont'ci) 17.5 Ordering Procedures (Cont'd) 17.5.2 Order Modifications (Cont'd) 17.5.2.1 Design Change (Cont'd) The Company will review the requested change,notify theCustomerwhetherthechangeisadesignchange,if it can beaccommodatedandifanewservicedateisrequired.If theCustomerauthorizestheCompanytoproceedwiththedesignchange,a Design Change Charge will apply. A Design Change Charge will apply,on a per order,peroccurrencebasis.This charge will also apply to change anincorrectaddressaslongasthenewaddressisinthesamewirecenterastheincorrectaddressandthechangeismadepriortotheissuanceoftheDesignLayoutReport(DLR).If achangeofservicedateisrequired,the Service Date ChangeChargewillapply.If the change of End User premises withinthesameseNingwirecenterisrequested,Expedited OrderChargesmayalsoapply. 17.5.2.2 Service Date Change Access Order service dates for the installation of new servicesorrearrangementsofexistingservicesmaybechanged.aServiceDateChangeChargewillapply,on a per order peroccurrencebasis,for each service date changed,pursuant tothispricelist. A new service date may be established that is prior to theoriginalStandardorNegotiatedIntervalservicedateiftheCompanydeterminesitcanaccommodatetheCustomer'srequestwithoutdelayingservicedatesforordersofotherCustomers. If the semice date is changed to an earlier date,the CustomerwillbenotifiedbytheCompanythatExpeditedOrderChargesassetforthinthispricelistwillapply.Such charges will applyinadditiontotheServiceDateChangeCharge Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 80 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.5 Ordering Procedures (Cont'd) 17.5.2 Order Modifications (Cont'd) 17.5.2.2 Service Date Change (Cont'd) When,for any reason the Customer indicates that servicecannotbeacceptedontheservicedate,and the Companyaccordinglydelaysthestartofservice,a Service Date ChangeChargewillapply.If the Customer requested service date ismorethan120calendardaysaftertheoriginalservicedate,the order will be canceled by the Company and reissued withtheappropriatecancellationchargesapplied. 17.5.2.3 Expedited Orders A Customer may: a)when placing an Access Order for service(s),request a service date that is prior to the assigned service date. b)request an earlier service date on a pending ornegotiatedAccessOrder,and c)request a change of End User premises within thesameservingwirecenter. If the Customer requests an earlier service date and/or achangeofEndUserpremiseswithinthesameservingwirecenter,and the Company agrees to provide the service on anexpeditedbasis,an Expedited Order Charge will apply. When an expedited service date is missed,the ExpeditedOrderChargewillapplyunlessthemissedservicedateiscausedbytheCompany. If costs other than additional labor are to be incurred when anAccessOrderisexpedited,the Company will develop,determine and bill the Customer for the additional costs Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 81 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.6 Pre-subscription Pre-subscription is a procedure whereby an End User or location provider mayselectanddesignatetotheCompanyaninterexchangecarrier(s)to access,without dialing an access code for calls leaving the local service area of theCompany.The interexchange carriers are referred to as the End User's orlocationprovider's primary interexchange carrier.The End User or locationproviderwillbeallowedtoselectaprimaryinterexchangecarrierforintraLATAcallsandaprimaryinterexchangecarrierforinterLATAcalls. Should a caller wish to use the services of an interexchange carrier other thantheprimaryinterexchangecarrier,it is necessary for the caller to dial thenecessaryaccesscode(s)to reach that interexchange carrier's services. 17.6.1 Application of Charges on Pre-subscription a)End users or location providera placing orders for service will beaskedtoselectaprimaryinterexchangecarrieratthetimetheyplaceanorderwiththeCompanyforLocalExchangeService.There will be no charge for this selection. b)End users or location providers that choose to change their primaryinterexchangecarrierwithinonemonthoftheeffectivedateoftheirnewservicewillnotbechargedforthechange. c)Subsequent to a one-month period following installation of LocalExchangeService,for any change in selection,including a changefromoneaccesscodetoanotheraccesscodeforthesameinterexchangecarrier,a nonrecurring charge applies.Thenonrecurringchargeforaprimaryinterexchangecarrier(PIC)change is billed to the End User who is the subscriber to the LocalExchangeService.However,an interexchange carrier may,at itsoption,may elect to pay the charge for any End User and/orlocationprovideratanytime.The nonrecurring charge for a PICchangeissetforthinthispricelist. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 82 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.6 Pre-subscription (Cont'd) 17.6.2 Dispute Application for Pre-subscription If the End User or location provider disputes a PIC change,theCompanywillinvestigatetheoriginofthechangeandshallrestore theEndUserorlocationprovidertotheirpreviousPIC.If the change wasduetoCompanyerror,the End User or location provider will beretumedtotheirpreviousprimaryinterexchangecarrierfreeofcharge.If the change was submitted by an interexchange carrier,and theinterexchangecarrierisunabletoproducethesignedEndUserorlocationproviderLetterofAuthorization(LOA),the nonrecurringchargeswillbeassessedtotheunauthorizedinterexchangecarrier. If there is a conflict between an End User,a location provider,or theirrespectiveagent,on the one hand,and an interexchange carrier on theotherhand,over the designation of the primary interexchange carrier,the Company will honor the designation selected by the End User,location provideror their respective agent,regardless of any contractualobligationstheEndUser,location provider or agent may have with oneormoreinterexchangecarriers. If there is a conflict between an End User and/or location provider,ontheonehand,and their agent on the other hand,over the designationoftheprimaryinterexchangecarrier,the Company will honor thedesignationselectedbytheEndUserand/or location provider,regardless of any contractual obligations the End User and/or locationprovidermayhavewithoneormoreinterexchangecarriersoragents. The nonrecurring charge for an Unauthorized PIC change is set forth inthispricelist. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 83 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.6 Pre-subscription (Cont'd) 17.6.3 Cancellation of Interexchange Participation for Pre-subscription if an interexchange carrier elects to discontinue all of its FGD service intheendoffice,the interexchange carrier is obligated to do the following: a)Notify the Company of the cancellation of their FGD service;and b)Contact all End Usens or location providers that are pre-subscribedtothecancelinginterexchangecarrierastheirprimaryinterexchangecarrier.Inform these End Users or location providersofthecancellationandrequesttheEndUsersorlocationproviderstocontacttheCompanytoselectanewprimaryinterexchangecarrier. The Company will bill the canceling interexchange carrier the serviceorderchargeforeachEndUserandlocationprovidertheinterexchangecarrierhaspre-designated to it.Such charge will not apply to thecancelinginterexchangecarrierwherethecancelinginterexchangecarriertransfersorassignsitsFGDservicesandtheassociated10XXXor101XXXcodetoanotherinterexchangecarrierinsuchmannerthattheCompanydoesnotchangeEndUserorlocationproviderrecordsorEndUserand/or location provider PIC designation,or if anotherinterexchangecarrierelectstopaythesenriceorderchargeon behalfofthecancelinginterexchangecarrier. 17.6.4 Interexchange Carrier Initiated Conversions for Pre-subscription When an interexchange carrier requests that their End User and/orlocationproviderbechangedfromoneaccesscodetoanotheraccesscodeonamassconversionbasis,e.g.,an interexchange carrier usingtwoormorePICdesignationsoraninterexchangecarrierassumingownershipofanotherinterexchangecarrier's End Users and/or locationprovidersetc.,charges as set forth in this price list shall apply. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 84 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.7 Billing and Jurisdictional Reporting Requirements The following requirements are in addition to the terms and conditions containedinthegeneralregulationssectionofthispricelist. 17.7.1.Obligations of the Customer The Customer must indicate a projected Percent of Interstate Use (PIU)factor in a whole number (i.e.,I -100)when ordering Switched AccessService.A Customer provided PlU factor is required on each AccessServiceRequest(ASR). Where jurisdiction can be determined from the call detail,the CompanywilldevelopaprojectedPIUfactorfromthecalldetailthatwillbeusedtobilltheCustomer.Where call detail is insufficient to determine thejurisdiction,the Customer will provide a Jurisdictional Report indicatingtheprojectedPIUfactor.The Company will use the JurisdictionalReporttobillallintemtateandintrastateratesand/or nonrecurringchargesuntiltheCompanyreceivesarevisedreportfromtheCustomer. 17.7.1.1 Reporting Terminating FGD Service For terminating access minutes on FGD,the Customer hasthefollowingoptions: 1)allow the Company to develop the projected PIU factor;or 2)provide the Company with a projected PlU factor. Upon ordering terminating FGD Service,the Company willdeveloptheprojectedPIUfactoruntiltheCompanyreceivesaletterfromtheCustomer(by certified U.S.Mail retumreceiptrequested)authorizing the Company to develop theprojectedPIUfactorfromaCustomer-provided report. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 85 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.7 Billing and Jurisdictional Reporting Requirements (Cont'd) 17.7.1.Obligations of the Customer (Cont'd) 17.7.1.1 Reporting Terminating FGD Service (Cont'd) Customers who choose to provide a projected PlU factor forterminatingFGDaccessminutesshallsupplyapercentage inwholenumber(i.e.,a number 0-100).The company willdesignatethenumberobtainedbysubtractingtheprojectedterminatinginterstatepercentagefrom100astheprojectedterminatingintrastatepercentageofuse.The projected PIUfactorsuppliedbytheCustomerisusedbytheCompanytoapportiontheterminatingusagebetweeninterstateandintrastateuntilarevisedreportisreceived. The Customer-provided PIU factor will be used until theCustomerreportsadifferentprojectedPlUfactor.No proratingorbackbillingwillbedonebasedontheJurisdictionalReport. 17.7.1.2 Failure to Report When the quarterly reports are not supplied by the Customer,the Company will follow the procedures set out in paragraphs(a)-(c). a)If the Customer does not supply the reports,the CompanywillassumethePIUfactorstobethesameasthoseprovidedinthelastreport.For those cases in which aquarterlyreporthasneverbeenreceivedfromtheCustomer,the Company will assume the PIU factors to bethesameasthoseprovidedintheorderforservice. b)Upon receipt of the Customer's work papers andsummary,the Company will begin using the PIU factorsderivedfromtheworkpapersandsummarywiththenextbillingperiodandwillreviewtheworkpapersandsummarysubmittedwithinthirty(30)days from receipt oftheinformation. c)If after review of the information,it is determined that abillingdisputeexists,the Company will continue to use thederivedPlUfactorandbeginauditprocedures. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Onginal Sheet 86 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.8 Rates 17.8.1 Application of Rates The rates associated with Carrier Common Line Semice,SwitchedTransportServiceandLocalSwitchingServiceareappliedtoallaccessminutesofusethatoriginateandterminateattheCompany's local switch. 17.8.2 Rate Categories Following is a description of the rate categories for the facilities requiredtoprovideSwitchedAccessSenricestotheCustomer. 17.8.2.1 Carrier Common Line Carrier Common Line provides for the use of theCompany's common lines by Customers for access to EndUserstofumishintrastatetelecommunicationsservice. 17.8.2.2 Tandem Switched Transport Service Tandem Switched Transport provides the transmission facilitiesbetweentheCustomer's premises and the end officeswitch(es)where the Customer's traffic is switched to originateorterminateitscommunications. 17.8.2.3 Local End Office Switching Local End Office Switching provides a switch path from theCompany's local subscribers to its local switches. 17.8.3 Rating and Billing of Transpod Where More Than OneCompanyisinvolved Switched Access Service to a Customer may involve more than oneCompanyfortheprovisionoftransportservice.Each Company willprovideitsportionoftransporttotheinterconnectionpointwiththe nextCompany.The mileage used to calculate charges for the Company'sTransportServicewillbebasedtheCompany's percentage of networkfacilitiesusedtoprovidetheservice.Other companies involved with thetransportsenricemaybillaccordingtotheirowntariffsorpricelists. Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Original Sheet 87 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.8 Rates (Cont'd) 17.8.4 Carrier Common Line Service Rates Rate Per Access MinuteTerminating,per access minute $0.022720Originating,per access minute $0.017020 17.8.5 Local Transport Senrice Rate 17.8.6 Local End Office Switching Rates Rate Per Access MinuteTerminating,per access minute $0.028Originating,per access minute $0.028 17.8.7 Tandem Switched Transport Rates Rate per Access MinuteOriginating,per access minute $0.00025Terminating,per access minute $0.00025 17.8.8 Service Date Change Charge Non-Recurrinq ChargePerOrder$40.00 17.8.9 Design Change Charge Non-Recurring ChargePerOrder$50.00 17.8.10 Expedited Charge Non-Recurrinq ChargePerOrder$35.00 17.8.11 Pre-subscription Rates and Charges Non-Recurrinq ChargePICChange,per line $5.00UnauthorizedPICChange,per line $20.00CarrierInitiatedConversion,per line $10.00 Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642 Section 17.SWITCHED ACCESS SERVICES (Cont'd) 17.8 Rates (Cont'd) 17.8.12 Entrance Facility Charge 17.8.12.1 Per DS1 The rates and charges for DS1 Entrance Facilities arethechargessetfodhfortheCompany's DS1 SpecialAccessServiceasspecifiedinSection6.2.4.2 of thistariff. 17.8.12.2 Per DS3 The rates and charges for DS3 Entrance Facilities arethechargessetforthfortheCompany's DS3 SpecialAccessServiceasspecifiedinSection6.2.5.2 of thistariff. 17.8.13 Chargeable Optional Features 17.8.13.1 800 Data Base Access Service Basic Query Per Query $0.0035 17.8.13./Signaling TransferPoint Access Monthly Non-Recurring Via ThirdPerMilePerPortPartyICBICBICB Issued:Digital Easy Chair Effective:1488 E.Blue Tick St. Meridian,ID 83642