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HomeMy WebLinkAbout20020815Application.pdfBig Sky Telecom,Inc.DE AUG 15 PN 3:LO 128 E.Main Street,Emmett,Idaho 83617 LICINTERNETTel:(208)398-7380 Fax:(208)398-7402 UTILi llES 00MifliSSION Emmett,Idaho August 12,2002 Idaho Public Utilities Commission Jean Jewell Commission Secretary 472 W.Washington -j'PO Box 83720 Boise,ID 83720-0074 Jean Jewell: Per instructions from Wayne Hart,enclosed please find an original application for certificationandassociatedrequireddocumentationforbecominganIdahoCLEC.Also enclosed are threecompletecopies. If you have any questions,please feel free to call me on my cell 208-861-1396 or email mejerry@bigskytel.com.Thank you for your time and consideration as we begin this process. Re ards, erald "Jerr Lambert President Big Sky Telecom,Inc. 'e*"'Big Sky Telecom,Inc. 128 E.Mam Street,Emmett,Idaho 83617 Tel:(208)398-7380 Fax:(208)398-7402INTERNET Emmett,Idaho July 24,2002 Idaho Public Utilities Commission NE W CASE PO Box 83720 Boise,ID 83720-0074 To whom it may concern: Big Sky Telecom,Inc.is a local internet services provider located in Emmett,Idaho Gem County.Big Sky Telecom,Inc.is initially looking to provide traditional DSL services along with current high speed internet offerings in Emmett and Gem County and other areas. If you have any questions,please feel free to call me on my cell 208-861-1396 or email me jerry@bigskytel com.Thank you for your time and consideration as we begin this process. Regards rald "Jerry"Lambert President Big Sky Telecom,Inc. W Big Sky Telecom,Inc.m is en 3:to 128 E.Main Street,Emmett,Idaho 83617 INTERNET Tel:(208)398-7380 Fax:(208)398-7402 UTILi liE3 00 310N Emmett,Idaho August 12,2002 Idaho Public Utilities Commission Jean Jewell Commission Secretary 472 W.Washington .. PO Box 83720 Boise,ID 83720-0074 Jean Jewell: Per instructions from Wayne Hart,enclosed please find an original application for certification and associated required documentation for becoming an Idaho CLEC.Also enclosed are three complete copies. If you have any questions,please feel free to call me on my cell 208-861-1396 or email me jerry@bieskytel.com.Thank you for your time and consideration as we begin this process. Re ards, "Jerr Lambert President Big Sky Telecom,Inc. TE C 'Big Sky Telecom,Inc. 128 E.Main Street,Emmett,Idaho 83617 Tel:(208)398-7380 Fax:(208)398-7402INTERNET Emmett,Idaho July 24,2002 Idaho Public Utilities Commission NE W CASE PO Box 83720 Boise,ID 83720-0074 To whom it may concern: Big Sky Telecom,Inc.is a local internet services provider located in Emmett,Idaho Gem County.Big Sky Telecom,Inc.is initially looking to provide traditional DSL services along with current high speed internet offerings in Emmett and Gem Countyand other areas. If you have any questions,please feel free to call me on my cell 208-861-1396 or email me jerry@bigskvtel.com.Thank you for your time and consideration as we begin this process. Regards, rald "Jerry"Lambert President Big Sky Telecom,Inc. APPLICATION FOR CERTIFICATION New local telecommunications providers applying for a Certificate of Public convenience and Necessity to provide basic local exchange service in Idaho must submit the following information: I.Proposed Services A narrative description of the telecommunication services provided by the Applicant and the geographic area and market to be served by the company.Other items of interest are whether the company is a facilities-basedprovider or a reseller,or some combination thereof;what general plans the company has to build facilities in the future;to which markets the provider will appeal;how the provider will market its products;whether the company currentlyprovides or has a history of providing other services in Idaho;how the corporate family is structured. Big Sky i elecom,Inc.(BST)is an Imernet Sendees Provider GSP)cornpany.BST is incorporated in the State of Idaho.BST started in December 1997 as the only ISP serving Gem County and the towns of Emmett.Sweet,Gia,Montour and Letha Ovest is the primary LEC in Gem County with Citizens (now Frontier)serving Sweet and Ola areas. En 1998,BST was one of the first TSPs to ofikt broadband internet sentices to æstomers n Emmelt via Fixed Wireless.Since that time BST has expanded and provides high speed wireless DSL services to over 100 consumers and small businesses in Gem County Pavette County,Carson Cototy and Ada county where no Cable or DSL internet sernoes emst. Recently BST proposed a telephone service capability using fixed wireless to the community of Peari Idaho.At present right of way neg:otiations with the inhabitants of Pearl are on going.Additionally,Qwest has confirmed they wm not proxide traditional DSL services in the city of Emmett As being a primary services provider i a rural community,BST is interested in investing in the rural cormnunities.BST already has a large investment in the local comrnanities and provides învaluable services to local businesses and local governments. BST prosides internet and data communications services to Gem CountyGovemment, Payette County Government,City of Emmett,Walter Knox Memoria!Hospital, Messenger Index local newspaper,Independent School District #221,and mrmerous businesses and consumers requiring intemet and broadband type data senices. As a result of Qwest not going to provide DSL services or any specialized digital services.BST is interested in bridging that gap.Because Qwest is the LEC and the fiber and copper is primarily their property,due to tariffs BST is told,Qwest cannot seli wholesale services to BST without BST being a competitive local exebagge carrier (CLEC).There¾re,BST is looking to apply with the State of Idaho PUC to beoorne a CLEC and provide services for Gem County and rural towns in and around Gem Coimty if certification is granted immediately BST plans to provide traditional wireline DSL senices to the people and businesses of Emmett.AdditionalyBST Lopes to povide telephone sen;ices to the community of Pead Idaho whem none exist or have evel existed.BST intends to use a combination ofñxed wireless services and unreline services purchased ffom Qwest at wholesale piices,in the fúture BST plans to provide combined internet,data and voice services to Emmett and Gern County bu.shwsses and residences.BST plans to provide services in one himng,with pricing competitive with other municinalities and comoetitive to Qwest and other CLECs in the area, 11.Form of Business 1.Name,Address and Form of Business -Big Sky Telecom,Inc.,128 E.Main Street Emmett,idaho 83637 -Internet Services Provider a.If the applicant is the sole proprietor, (1)the name and business address of the applicant,and (2)the business name of the sole proprietorship. b.If the applicant is a partnership, (1)a list of the names and business addresses of all the partners,and (2)the business name of the partnership. c.If the applicant is a corporation, (1)a short statement of the character of public service in which it may engage, -Big Sky Telecom,Ïnc.provides internet services to the comnnmities in Gem Coutny Idaho Big Sky Telecom,Inc.started when local calling senices was long distance to Boise and surrounding areas,Big Sky Telecom,Inc.provides wireless DSL senices to consumers,local governments and businesses of (2)the name of the state in which it is incorporated, -Idaho (3)its principal business address and its principal business address within Idaho, 28 EMn Street.Emmett,Babo 83617 (4)a certified copy of its articles of incorporation, -See attached Big Sky Telecom,Inc.copy of Articles of Incorporation (5)if not incorporated in Idaho,a certificate of good standing issued by the Idaho Secretary of State of Idaho,and (6)name and address of registered agent for service in Idaho. 2.If a corporation,the names and addresses of the ten common stockholders of applicant owning the greatest number of shares of common stock and the number of such shares owned by each,as follows: Name Address Shares Percentage of an Percentage of Owned shares issued votiegcontrol Gerald Lambert 3892 Pitteneid Wav 600 60 60% Boise,Idaho 83706 John Bevins (passîve South Riding,VA 100 10 10% Jim Bevins (passive)Waynesboro,A 100 10 10% Hobert Tanner (pass e)Fa:hfax Statiort VA 100 10%10% Larry Tanner (passive)|Fairix,VA 100 10%10% 3.Names and addresses of the officers and directors of applicant. -Gerald Larnbert,President &Treasurer -John Bevins,Secretarv 4.Name and address of any corporation,association,or similar organization holding a 5%or greater ownership or a management interest in the applicant.As to ownership,the amount and character of the interest must be indicated.A copy of any management agreement must be attached. 5.Names and addresses of subsidiaries owned or controlled by applicant. III.Telecommunication Service 1.The date on which applicant proposes to begin construction or anticipates it will begin to provide service. -Immediately upon certification of CLEC status within the State of Idaho,BST wil order copper circuits frorn Qwest in order to begin providing local services to eustomers of Ernmett Resale of dial tone wil begin for residents of Peari idaho once negotiations Ox right of way are cornpieted,no due date at this time 2.A written description of customer classes and customer service[s]that the applicant proposes to offer to the public. -Traditional wireline DSL services over existing copper telephoneUnes Analog POTS lines -VoíP (voice o er IP) -Combined single biling kr intemet and voice caling services IV.Service Territory 1.A description sufficient for determining whether service is to be offered in a particular location;and the names of all incumbent local exchange corporations with whom the proposed utilityis likely to compete. -Gem Countv Ïdaho -Emmett,.Idaho -Pearl Idaho (no current senáces exisD 2.Written description of the intended manner of service,for example,resold services or facilities based.A general description of the property owned or controlled by applicant. -Tradtfonal DSL services will be a combination of facilities provided services by BST and resale of existing copper circuits -BST NE own the DSLAM,ovms Œe fixed wireless afhstructure already, and wll coeodst DSLAM and data networking equipment in LEC premises 3.A statement describing with whom the applicant is likely to compete. -Qwest telephone company -Frontier telephone company 4.A description of the property owned by the applicant clarifies the applicant's proposed services and operation. -BST owns outright a five tower networkof fixed wireless equipment providing high speed wireless DSL service today.The equipmentprovidngdreless DSL is Cisco/Aironet 2 4gHz 802.11b unileensed wireless radios and antenna system. Towers exist on BST bolding in Enunett,Freezeout tower south of Emmett, Squaw Butte north of Emmett (serving Sweet,Montour and Ola),Clay Peak east of Payette,and Wilderness Ridge near Bogus Basin north of Boise.These towers and equipment provide %ne of sîght"high speed data communications with broadband speeds up to I hnbs V.Financial Information 1.Current detailed balance sheets,including a detailed income and profit and loss statements of applicant reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet,or if not readily available,for the period since the close of the preceding calendar year. -See attached copies 2.If a balance sheet and income statement are not available,the applicant must submit financial data sufficient to establish that it possesses adequate financial resources to provide the proposed services. VI."Illustrative"Tariff Filings Proposed initial tariff and price sheets setting forth rates,rules,terms,and regulations applicable to the contemplated service. -See attached "draft"tariff VII.Customer contacts 1.Contact information for the Applicant. a)The name,address,and telephonenumber and electronic mailing addresses (if available)of the person(s)responsible for consumer inquiries and complaints from the public. -Big Sky Telecom,Inc.,128 E.Main Street,Emmett,Idaho 83617 -Tel:(208)398-7380 -Fax:(208)398-7402 -Email:sales bigskvtel.com ,support@bigskvtel.com -John Lambert,Manager Big Sky Telecom,Inc.john@bigskvtel.com b)A toll-free number for customer inquiries and complaints. -None at this time,local services only b)The name,number and electronic mailing addresses (if available)of the person(s)designated as a contact for the Commission Staff for resolving complaints,inquiries and matters concerning rates and price lists or tariffs. -Big Sky Telecom,Inc.,128 E.Main Street,Emmett,Idaho 83617 -Tel:(208)398-7380 -Fax:(208)398-7402 -Email:sales@bigskyteLeom ,suaport@bigskvtel.com -John Lambert,Manager Big Sky Telecom,Inc.john@bieskytel.com -Gerald "Jerry"Lambert,President Big Sky Telecom,Inc. VIII.Interconnection Agreements 1.Statements of whether the applicant has initiated interconnection negotiations and,if so,when and with whom. -Qwest -pendingPUC approval of CLEC status (see attached email clarification from Qwest) IX.Compliance with Commission Rules A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them,or a request for waiver of those rules believed to be inapplicable. -See attached letter X.Escrow Account or Security Bond 1.If a company requires advance deposits by its customers,the company must submit a signed copy of an escrow account with a bonded escrow agent or a security bond.The escrow or bond shall be sufficient to meet customer deposit refunds in case of company default. -No deposits required,however if in the future company policy needs to change BST will comply with Idaho PUC Commission rules and regulations 2.At the Commission's discretion,an additional deposit may be required to keep customers whole in case of company default. 3.The Commission will review the individual requirement of establishing an escrow or security account by the Company upon good showing by the Company for a period of two years. I:/internet/telecom/cert.doc ARTICLES OF INCORPORATION OF BIG SKY TELECOM,INC. The undersigned,acting as the incorporator of a corporation (hereinafter referred to as the "Corporation")organized pursuant to and subject to the Idaho Business Corporation Act,Chapter 1,Title 30,Idaho Code,as now existing or hereafter amended and supplemented (the "Act"),adopts the following Articles of Incorporation for the Corporation. ARTICLE I.NAME The name of the Corporation is Big Sky Telecom,Inc. ARTICLE H.AUTHORIZED SHARES The aggregate number of shares of capital stock which the Corporation shall have authority to issue is Ten Thousand (10,000)shares,all of which shares shall be of one (1)class only,which shall be designated as voting common stock. ARTICLE IIL REGISTERED OFFICE AND AGENT The address of the initial registered office of the Corporation is 128 E.Main,Emmett,Idaho 83617,and the name of its initial registered agent at that office is Jerry Lambert. ARTICLE IV.INITIAL DIRECTORS The name and address of the initial director is: Jerry Lambert 128 E.Main Emmett,Idaho 83617 ARTICLES OF INCORPORATION -1 ARTICLE V.INCORPORATORS The name and address of the incorporator of the Corporation is: Name Address Clifford L.Brown 280 N.8th Street,Suite 138 Boise,ID 83702 DATED This 2/_s/day of October,1997. Incorporator ARTICLES OF INCORPORATION -2 Big Sky Telecom,Inc. Balance Sheet As of June 30,2002 Jun 30,02 ASSETS Current Assets Checking/Savings 1000 Business Checking 4,072.49 1100 Petty Cash 100.00 Total Checking/Savings 4,172.49 Accounts Receivable 1200 -Accounts Receivable 5,294.85 Total Accounts Receivable 5,294.85 Other Current Assets 1250 ·Undeposited Funds 244.11 1300 inventory 2,356.46 Total Other Current Assets 2,600.57 Total Current Assets 12,067.91 Fixed Assets 1500 -Equipment 66,527.09 1600 ·Accum.Depreciation (43,586.00) Total Fixed Assets 22,941.09 Other Assets 1800 Intangible Assets 1825 -Computer Software 1,480.44 1850 Organizational Costs 490.00 1900 Accum.Amortization (1,797.00) Total 1800 ·Intangible Assets 173.44 Total Other Assets 173.44 TOTAL ASSETS 35,182.44 LIABILITIES &EQUITY Liabilities Current Liabilities Accounts Payable 2000 Accounts Payable 6,196.26 Total Accounts Payable 6,196.26 Credit Cards 2040 ·Credit Cards 2051 American Express -Optima 9,396.95 2052 Capital One 1,704.94 2053 Office Depot 705.70 Total 2040 ·Credit Cards 11,807.59 Total Credit Cards 11,807.59 Other Current Liabilities 2100 ·Payroli Liabilities 2110 ·Federal Withholding Payable 496.00 2120 -Social Security Tax Payable 620.06 2130 ·Medicare Tax Payable 145.00 2140 State Withholding Payable 230.00 2150 FUTA Tax Payable 49.78 2160 State Unemployment Tax Payable 363.32 Total 2100 Payroll Liabilities 1,904.16 2200 Sales Tax Payable 119.21 Page 1 See Accountant's Compilation Report 3ig Sky Telecom,Inc. Balance Sheet As of June 30,2002 Jun 30,02 2500 -Line Of Credit 2525 -MBNA Line of Credit 48,492.72 2550 ·US Bank LOC 8,756.65 2575 US Bank Reserve Line 7,285.70 Total 2500 Line Of Credit 64,535.07 Total Other Current Liabilities 66,558.44 Total Current Liabilities 84,562.29 Long Term Liabilities 2700 ·JFCU Loan 9,876.11 2800 ·Jerry Lambert 30,650.00 Total Long Term Liabilities 40,526.11 Total Liabilities 125,088.40 Equity 3000 ·Capital Stock 77,466.11 3500 -Retained Earnings (173,203.32) Net income 5,831.25 Total Equity (89,905.96) TOTAL LIABIUTIES&EQUITY 35,182.44 Page 2 See Accountant's Compilation Report Jig Sky Telecom,Inc. Profit &Loss YTD Comparison June 2002 JunO2 Jan-JunO2 Ordinary income/Expense income 4000 ·Sales 4001 Internet Sales 12,644.74 68,452.92 4002 Wireless Internet Sales 6,420.23 44,822.82 4003 Related Services 1,129.61 6,527.86 4004 Pager Sales 25.00 141.60 4010 Retail Sales 1,915.46 9,934.24 Total 4000 -Sales 22,135.04 129,879.44 4060 ·Returns and Allowances 4062 Customer Refunds 0.00 (269.98) 4064 -Allowances and Credits (35.90)(443.30) 4066 -Cash Discounts (100.00)(540.98) 4068 -Bad Checks 0.00 78.00 Total 4060 ·Returns and Allowances (135.90)(1,176.26) Total Income 21,999.14 128,703.18 Cost of Goods Sold 5001 Cost of Goods Sold 3,659.78 19,915.43 Total COGS 3,659.78 19,915.43 Gross Profit 18,339.36 108,787.75 Expense 6000 ·ínternet Expense 6010 Sprint 2,078.86 10,880.35 6020 Internet Outlet 0.00 3,000.00 6030 ELI 2,825.20 13,972.12 6040 Qwest 1,035.86 2,516.52 6050 Wireless Tower 325.45 2,090.37 6000 ·Internet Expense -Other 0.00 3,304.93 Total 6000 -Internet Expense 6,265.37 35,764.29 6100 -Amortization Expense 30.00 180.00 6110 -Auto &Mileage 21.13 622.64 6120 Bank Service Charges 107.40 575.19 6125 ·Credit Card Discount 35.63 235.35 6130 -Advertising Expense 266.40 1,504.22 6135 -Contract Labor 205.00 2,102.39 6150 ·Depreciation Expense 885.00 5,310.00 6155 ·Donations 0.00 125.00 6160 ·Dues and Subscriptions 0.00 240.00 6180 -Insurance 158.00 560.00 6200 ·Interest Expense 1,055.89 6,692.13 6240 ·Miscellaneous 278.61 1,520.73 6245 Office Supplies 505.68 3,115.20 6250 Postage and Delivery 403.48 1,309.18 6270 Professional Fees 675.00 3,560.00 6290 Rent 500.00 2,500.00 6300 Repairs 40.00 40.00 6320 Supplies 2.38 321.81 6340 Telephone 6342 -Local Charges 227.99 710.87 6344 Long Distance Charges 41.36 309.96 6345 ·Cellular (167.45)(24.79) 6346 -Pager 28.85 173.37 8340 -Telephone -Other 0.00 118.34 Total 6340 ·Telephone 130.75 1,287.75 6350 ·Travel &Ent 6352 Meals &Entertainment 51.82 57.96 6353 Travel 0.00 559.00 Total6350 -Travel&Ent 51.82 616.96 Page 1 See Accountant's Compilation Report dig Sky Telecom,Inc. Profit &Loss YTD Comparison June 2002 Jun 02 Jan -Jun 02 6390 Utilities 6392 Gas 15.00 242.52 6393 Electricity 216.90 1.141.12 6394 Sewer and Water 32.55 195.30 Total 6390 ·Utilities 264.45 î,578.94 6400 ·Wireless Products 0.00 33.30 6410 Cellular Products 36.95 451.93 6560 Wages 5,011.50 25,232.25 6570 Payroll Taxes 530.55 2,724.56 6700 Taxes -Other 94.55 405.47 9000 Write-offs 160.17 6,514.47 9010 Bad Debt Expense 0.00 80.74 Total Expense 17,715.71 105,204.50 Net Ordinary income 623.65 3,583.25 Other Income/Expense Other Income 7030 Other income 101.50 2,248.00 Total Other Income 101.50 2,248.00 Net Other income 101.50 2,248.00 Net Income 725.15 5,831.25 Page 2 See Accountant's Compilation Report Big Sky Telecom,Inc.Local Exchange Page 1 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 Big Sky Telecom,Inc. Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 2 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 CHECK SHEET Current sheets in the price list are as follows: Sheet Revision 1 Original Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 3 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 TABLE OF CONTENTS Subject Matter Sheet Number Title Page 1 Price list Check Sheet 2 Table of Contents 3 Application of Price list 6 Symbols 6 Contact Information 7 SECTION 1.0 -DEFINITIONS 9 SECTION 2.0 -REGULATIONS 2.1 Undertaking of the Company 11 2.2 Shortage of Equipment or Facilities 11 2.3 Selection of Transmission 12 2.4 Notification of Service-Affecting Activities 12 2.5 Provision of Equipment and Facilities 12 2.6 Terms and Conditions 12 2.7 Non-Routine Installation and Special Construction 13 2.8 Ownership of Facilities 14 2.9 Rights-of-Way14 Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 4 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 TABLE OF CONTENTS (CONT'D) 2.10 Liability 14 2.11 Indemnification 15 2.12 Conflicts Between Price List and Commission Rules 15 2.13 Allowances for Interruptionsin Service 15 2.14 Obligations of the Customer 16 2.15 Prohibited Uses 17 2.16 Payments 18 2.17 Taxes,Charges and Fees 19 2.18 Deposits 20 2.19 Refusal or Termination of Services 20 2.20 Restoration of Service 23 2.21 Assignment 23 2.22 Promotions 24 2.23 E-911 24 2.24 Public Notice 24 SECTION 3.0 -LOCAL EXCHANGE SERVICES 3.1 General 25 3.2 Service Descriptions 25 Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 5 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 TABLE OF CONTENTS (CONT'D) 3.2.1 Residential Service 25 3.2.2 Business Service 25 3.2.3 Lines and Trunks 26 3.2.4 Optional and Vertical Features 26 3.2.5 Other 26 3.2.6 Number Services 26 3.2.7 Miscellaneous Charges 26 3.2.7.1 Installation 26 3.2.7.2 Move and Change Charges 26 3.2.7.3 Additional Labor/Overtime 26 3.2.8 Idaho Telephone Service Assistance Pgm 27 3.2.9 Universal Service Fund 29 SECTION 4.0 -RATES 4.1 Residential Service 30 4.2 Business Service 30 4.3 Lines and Trunks 30 4.4 Optional and Vertical Features 30 4.5 Other 30 Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 6 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 TABLE OF CONTENTS (CONT'D) 4.6 Number Services 30 4.7 Miscellaneous Charges 30 Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 7 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 APPLICATION OF PRICE LIST Big Sky Telecom,Inc.(hereinafter "The Company")has been authorized by the Idaho Public Utilities Commission (Idaho PUC)to provide competitive local exchange services. This price list sets forth the service offerings,rates,terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the State of Idaho.The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. EXPLANATION OF SYMBOLS,REFERENCE MARKS,AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The followingsymbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing,rule,or condition,which may affect rates or charges D Indicates discontinued material,including a listing,rate,rule or condition I Indicates an increase M Indicates that the material has been relocated to another part of price list schedules with no change in text,rate,rule or condition N Indicates new material includinglisting,rate,rule or condition R Indicates a reduction S Indicates reissued matter T Indicates a change in wording of text,but not a change in rate,rule or condition. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 8 Emmett,Idaho services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 CONTACT INFORMATION Big Sky Telecom,Inc. 128 E.Main Street,Emmett,Idaho 83617 sales@bigskytel.com Phone:208-398-7380 Fax:208-398-7402 Email:sales@bigskytel.com Customer Contact - For establishment of service,complaints and inquires regarding service and billing,or reporting or inquiring about network outages or service problems. Customer Service:208-398-7380 or sales@bigskytel.com Maintenance:208-398-7380 or support@bigskytel.com Commission Contact - For complaints,inquiries and matters concerning rates and price lists. Matters concerninR customer service: John Lambert,Manager Phone:208-398-7380 Fax:208-398-7402 Email:john@bigskytel.com Big Sky Telecom,Inc. Revision 1-A Big sky Telecom,Inc.Local Exchange Page 9 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 Commission Contact (Cont'd)- Matters concerning tariffs and regulatory affairs: Gerald "Jerry"Lambert President Phone:208-398-7380 Fax:208-398-7402 Email:jerry@bigskytel.com Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 10 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 1.0 DEFINITIONS The followingwords and terms when used in this price list shall have the meaning set out by this section. Access Lines:Telephone facilities which permits access to and from the Customer's premises and the telephone exchange or serving central office. Advance Payment:A payment required before the start of service.Advanced payment may consist of any required construction cost,all appropriate non-recurring charges, and an estimate of the first month's recurring charges.Advance Payments will be applied to the first bill rendered by Company followingimplementation of services. Agent:A business representative authorized by the Company to bring about,modify, affect,accept performance of,or terminate contractual obligations between the Company and its applicants or Customers. Applicant:A person who applies for telecommunications service.Includes persons seeking reconnection of service after Company-initiated termination. Application:A request made in writingfor telephone service. Authorized User:A person,firm or corporation that is authorized by the Companyto be connected to the service of the Customer or joint user. Automatic Number Identification (ANI):The automatic transmission of a calling party's billing account telephone number to a local exchange Company, interexchangecarrier 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 apply without exchange line mileage and without special rates in lieu of mileage. Central Office:Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephonecalls. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 11 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 1.0 DEFINITIONS (Cont'd) Company or Name of Company:Big Sky Telecom,Inc. Customer or Subscriber:The person,firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company's regulations related to that service. Nonlisted Service:A directory listing service wherein a Customer is not listed in the published directory,but is listed in the directory assistance database. Nonpublished Service:A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges:The charges to a Customer for services,facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service:Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date:The first day followingthe date on which the Company notifies the Customer that the requested service or facility is available for use,unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list,in which case the Service Commencement Date is the date on which the Customer accepts service.The Company and the Customer may agree on a substitute Service Commencement Date. Service Order:The written order for Services executed by the Customer and the Company in the format devised by the Company.The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective_parties as set forth therein and pursuant to this price list;except that the duration of the service is calculated from the Service Commencement Date. Shared:A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service:Telephone service provided to businesses with five (5)or fewer lines. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 12 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.1.1.2 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2.1.1.2 The services offered herein may be used for any lawful purpose.There are no restrictions on sharing or resale of the Company's services.However, the Customer remains liable for all obligations under this price list even if such sharing or resale arrangements exist regardless of the Company's knowledge of these arrangements.If service is jointly ordered by more than one Customer,each is jointly and severally liable for all obligations. 2.1.1.3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals,authorizations,licenses,consents and permits. 2.1.1.4 Company services may be connected to the services or facilities of other communications carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carners. 2.1.1.5 The services of the Company are furnished for the transmission of voice communications but may also be used for data,facsimile,signaling, metering,or other similar communications,subject to the transmission capabilities of the technologiesor combination of technologies available. Service is available twenty-fourhours a day,seven days a week. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 13 Emmett,Idaho services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.2 Shortage of Equipment or Facilities 1.The furnishingof service under this price list is subject to the availabilityon a continuingbasis of all facilities necessary to provide the service.Services will be provided using Big Sky Telecom,Inc.provided services and LEC or other CLEC resale services. 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlyingnetwork facilities used to provide service.The Company may modify or change the channels,service components and underlyingCompany facilities or the underlyingcarrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. 2.4 Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business.Such activities may include,but are not limited to,equipmentor facilities additions,removals or rearrangements and routine preventive maintenance.Generally,such activities are not specific to an individual Customer but affect many Customers'services.No specific advance notification period is applicable to all service-affecting activities.The Company will work cooperatively with the Customer to determine reasonable notification requirements.Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions,such as an outage resulting from cable damage. 2.5 Provision of Equipment and Facilities 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or before a particular date,subject to the provisions of and compliance by the Customer with the regulations contained in this price list. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 14 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer.The Customer shall not,and the Customer shall not permit others to,rearrange,disconnect,remove,attempt to repair or otherwise interfere with any of the facilities installed by the Company,except upon the written consent of the Company. 2.6 Terms and Conditions 2.6.1 Service is provided on a minimum term basis of at least one month, using 24-hours per day for each day of the month.For purposes of this price list,a month is considered to have thirty days.All calculations of dates set forth in this price list shall be based on calendar days,unless otherwise specified herein. 2.6.2 This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission. 2.7 Non-routine Installation and Special Construction 2.7.1 Non-Routine Installation At the Customer's request,installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations.In such cases,charges based on cost of the actual labor,material,or other costs incurred by or charged to the Company will apply. 2.7.2 Special Construction Subject to the agreement of the Company,special construction of facilities may be undertakenon a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a)where facilities are not presently available; (b)of a type other than that which the Company would normally utilize in the furnishingof its service; Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 15 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) (c)over a route other than that which the Company would normally utilize in the furnishingof its services; (d)in a quantity greater than that which the Company would normally utilize in the furnishingof its services; (e)on an expedited basis; (f)on a temporary basis until permanent facilities are available; (g)involvingabnormal costs;or (h)in advance of normal construction. Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company's other Customers and contractual responsibilities. 2.7.3 If requiredby the Company,the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer's initial bill.The Company may require such an advance payment,in addition to a deposit,when additional costs are incurred to perform special or extraordinary construction to provide services required by the customer. 2.8 Ownership of Facilities Title to all facilities and equipment,and related plans and proposals,provided by the Company in furnishingservice remains with the Company,its agents or contractors. Such facilities and equipment,plans and proposals shall be returned to the Company by the Customer wheneverrequested,within a reasonable period followingthe request and in as good condition as reasonable wear will permit. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 16 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.9 Rights-of-Way Provisioning of the Company's services is subject to and contingent upon the Company's ability to obtain and maintain rights-of-wayand access to public and private property necessary for installation of the facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. 2.10 Liability 2.10.1 ExculpatoryClause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW.ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIALDAMAGE CLAIMS.IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. 2.10.2 Liability of the Company 2.11 Indemnification The Customer shall at all times indemnify,defend,and save the Company harmless from,any and all damages,losses,claims,includingclaims and actions relating to injury to or death of any person or damage to property,demands,suits,recoveries, costs and expenses,court costs,attorney fees,and all other obligations by or to third parties,arising out of or resulting from the Company's performance of its obligations under this Tariff on behalf of the Customer,except in cases of negligence or intentional wrongdoing by the Company. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 17 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected by Commission rules,Commission rules supersede any conflictingtariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission,court order,or statute. 2.13 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service,subject to the provisions of this section. 2.13.1 Credit for Service Interruptions A credit allowance will be made when an interruptionin service occurs within the guidelines of service level agreements setup between the Company and the Customer. An interruptionperiod begins when the Customer reports a circuit,service or facility to be interrupted and releases it for testing. 2.13.1.1 The Company must restore service:within sixteen (16)hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency;or 2.13.1.2 within 24 hours after the report of the outage if no emergency exists. 2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m.on the followingSunday must be restored within forty-eight(48)hours or by 6:00 p.m.on the followingMonday,whichever is sooner. 2.13.1.4 If the Company does not restore service within the times required by this paragraph,the Company will credit the customer's account for an amount equal to the monthlyrate for one (1)month of basic local exchange service. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 18 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.13.2 Limitations on Allowances No credit allowance will be made for: 2.13.2.1 interruptions due to the negligenceof the Customer,or noncompliance with,or acts of omission regarding the provisions of this price list by the Customer,authorized user or joint user; 2.13.2.2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 2.13.2.3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements;or 2.13.2.4 interruptionof service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 2.14 Obligations of the Customer 2.14.1 The Customer shall provide at no charge,as specified by the Company, any personnel,equipment,space,power,heating and air conditioning needed to operate,and maintain a proper operating environment for the Company's facilities and equipment installed on the Customer's premises 2.14.2 Upon suitable notification to the Customer,and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation,operation,and maintenance of Customer-provided facilities,equipment,and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 19 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.14.3 If the protective requirements for Customer-provided equipment are not being complied with,the Company may take such action as it deems necessary to protect its facilities,equipment,and personnel.The Company will notify the Customer promptlyif there is any need for further corrective action.Within ten days of receiving this notice,the Customer must take this corrective action and notify the Company of the action taken.If the Customer fails to do this,the Company may take whatever additional action is deemed necessary,includingthe suspension of service,to protect its facilities, equipment and personnel from harm. 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company's facilities or equipment installed at the Customer's premises for any purpose other than that for which the Company provides it,without the prior written consent of the Company. 2.15.1 Abuse The abuse of Company Services is prohibited.Abuse includes,but is not limited to, the followingactivities: (a)Using service to make calls that might reasonablybe expected to fi·ighten, torment,or harass another. (b)Using service in such a way that it interferes unreasonablywith the use of Company services by others. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 20 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list.Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part,of the price listed charges for the service including but not limited to: (a)rearranging,tampering with,or making connections not authorizedby this price list to any network components used to furnish service;or (b)using fraudulent means or devices,tricks,schemes,false or invalid numbers,false credit devices,or electronic devices. 2.16 Payments 2.16.1 Customer Obligations 2.16.1.1 The Customer shall pay outstanding charges in full within 20 days of the invoice date.Charges normallywill be invoiced in advance,with monthly recurring charges invoiced on or about the first of the month for which the charges apply.Amounts not paid within 10 days after the date of the invoice are considered delinquent. 2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer,except in those instances where it has been determined that the Customer's present and former employees,agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted.The Customer is not responsible for unauthorized use of service to the extent such use is proximatelycaused by the Company's willful or negligent act. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 21 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputedportion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30)days of receipt of the bill.If such notice is not received by the Company within thirty (30)days as indicated above,the Company shall consider the bill statement to be due and payable in full by the Customer.Payment of the amount due by the Customer does not constitute a waiver of the Customer's rights under the provisions of IDAPA 31.41.01.204to challenge any billing amount due or paid to the Company. 2.16.2.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction,the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules.The address and telephonenumbers for the Idaho PUC are: Idaho Public Utilities Commission P.O.Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 1-800-432-0369 (from outside the local calling area) 2.16.3 Payment Arrangements 2.16.3.1 When a Customer cannot pay a bill in full,the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately,and the manner in which the balance of the outstanding bill will be paid. 2.16.3.2 In deciding on the reasonableness of a particular agreement,the Company will take into account the Customer's ability to pay,the size of the unpaid balance,the Customer's payment historyand length of service,and the amount of time and reasons why the debt is outstanding. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 22 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer.A Customer may designate how a payment insufficient to pay the total balance due shall be applied.If applicable,and in the absence of instructions from the Customer,a partial payment shall be allocated first to local exchange services.[See IDAPA.31.41.01 Rule 306.06.]Such payments shall be applied first to the oldest undisputed balances. 2.16.3.5 If a Customer fails to make the payment agreed upon by the date that it is due,the Company may,but is not obligated to,enter into a second payment arrangement. 2.16.3.7 A Customer's failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+,0-and 1+dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges,if any. 2.16.3.8 Customer failure to pay undisputed charges for other services may result in discontinuanceof those services. 2.17 Taxes,Charges,Fees In addition to the rates and charges described in this price list,the Customer may be responsible for payment of taxes,charges or fees ordered by the Idaho PUC,the Idaho State Legislature,or local and countygovernments.When the Company is authorized to collect such taxes,charges or fees from the Customer,these taxes, charges and fees will be itemized separately on the Customer's bill. 2.18 Deposits 2.18.1 The Company will not require advance deposits. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 23 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant,the Company will provide the applicant with a written explanation of its refusal to serve.The written explanation shall include: a)the reasons for denial of the service; b)actions the applicant may take in order to receive the denied service;and c)a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the followingconditions exist: 2.19.1.1 the applicant has an outstanding amount due to the Company_for similar utility services and the applicant is unwillingto make acceptable arrangements with the Company for payment; 2.19.1.2 a condition exists that,in the Company's judgment,is unsafe or hazardous to the applicant,the general population,or the Company's personnel,agents or facilities; 2.19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet the credit criteria for waiver of deposit requirements; 2.19.1.4 the applicant is known to be in violation of the Company's price lists filed with the Commission; 2.19.1.5 the applicant fails to furnish such funds,suitable facilities,and/or rights-of-waywhich have been specified by the Company as necessary to and a condition for providing service to the applicant;or Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 24 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service. 2.19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules,the Company may, upon reasonable written notice to the Customer,discontinue services for any of the followingreasons: 2.19.2.1 for nonpaymentof any undisputed amounts owing to the Company; 2.19.2.2 for services provided to premises that have been vacated by the Customer; 2.19.2.3 for tampering with the Company's property; 2.19.2.4 for violation of rules,service agreements,or filed price lists; 2.19.2.5 for use of Customer equipment which adverselyaffects the Company's property,facilities,or service to its other Customers,or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer,or if a casualty renders all or any material portion of such facilities inoperablebeyond feasible repair;or 2.19.2.6 for fraudulent obtaining or use of service,including,but not limited to: (a)providing false information to carrier the Company regarding the Customer's identity,address,creditworthiness,or current or planned use of common commumcations; (b)using or attempting to use service by rearranging,tampering with,or making connection to the Company's service where not authorizedby this price list; 2.0 REGULATIONS (Cont'd) Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 25 Emmett,Idaho services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 (c)using tricks,schemes,false or invalid numbers,false credit devices, electronic devices;or (d)any other fraudulent means or device. 2.19.3 Without Written Notice to the Customer The Company may deny or discontinue the furnishingof any and/or all service(s)to a Customer immediately and without prior notice to the Customer and without the Customer's permission for one or more of the followingreasons: 2.19.3.1 Dangerous Condition.A condition immediately dangerous or hazardous to the life,physical safety,or property exists,or it is necessary to prevent a violation of federal,state or local safety or health codes. 2.19.3.2 Ordered to Terminate Service.The Company is ordered to terminate service by any court,the Idaho PUC,or any other duly authorized public authority. 2.19.3.3 Services Obtained Illegally.The services(s)was (were)obtained,diverted or used without the authorization or knowledge of the Company. 2.19.3.4 Customer Unable to be Contacted.The Companyhas tried diligentlyto provide reasonable notice to the Customer,but has been unsuccessful in its attempt to contact the Customer. 2.19.3.5 Misrepresentation of Identity.The Customer has misrepresented the Customer's identityfor purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 2.19.3.6 for any governmental prohibition,or required alteration of the services provided,or any violation of any applicable law or regulation,or unlawful use of service or use of service for unlawful purposes,the Company may immediately discontinue or suspend service. Big Sky Telecom,Inc. Revision 1-A Big sky Telecom,Inc.Local Exchange Page 26Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.19.4 Notice of Disconnection 2.19.4.1 Seven-DayNotice Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04and 31.41.01.305,the Company will mail to the Customer written notice of termination at least seven (7)calendar days before the proposed date of termination.The written notice will contain the information required by IDAPA 31.41.01.306. 2.19.4.2 Twenty-Four-HourNotice At least twenty-four(24)hours before actual termination,the Companywill diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination.Oral Notice will contain the same information as required by IDAPA 31.41.01.306. 2.19.4.3 Additional Notice If the Company does not terminate service within seven (7)days after a proposed termination date,and the matter is not the subject of a pending complaint before the Idaho PUC,or if other arrangements have not been made with the Customer,the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action.If the Company has not terminated service within twenty-eight(28)days of mailing a written notice of termination,but still intends to terminate,the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list,related to Seven-Day Notice. 2.19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason,the Customer agrees to pay to the Company all costs,fees,and expenses reasonablyincurred in connection with special construction and with the term of service.In addition,the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 27 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.20 Restoration of Service 2.20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list.The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer request that service be restored during a period other than regular working hours,such as evenings or weekends,the Customer may be required to pay an after-hour charge for service reconnection. 2.21 Assignment The Company may,without obtaining any further consent from the Customer,assign any of its rights,privileges or obligations under this price list to any subsidiary, parent,or affiliate of the Company;pursuant to any sale or transfer of substantially all the business of the Company;or pursuant to any financing,merger or reorganization of the Company.The Customer may,upon prior written consent of the Company, which consent shall not be unreasonablywithheld,assign its rights,privileges or obligations under this price list to any subsidiary,parent,or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer;or pursuant to any financing,merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings from time to time.The Company will notify the Idaho PUC ten (10)days in advance of the rates,terms &conditions of any such promotions. 2.23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriaterouting of E911 calls.The Company's switches will be equippedwith E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 28 Emmett,Idaho services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 2.0 REGULATIONS (Cont'd) 2.24 Public Notice The Company shall give public notice of all proposed changes in rates.Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates.Legal advertisements alone will not be considered adequate public notice.Individual notice to all Customers affected will always constitute public notice Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 29 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES 3.1 General Local Exchange Services provides the Customer with connection to the public switched telecommunications network.In addition,Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network.Each Local Exchange Service enables the Customer to: (a)receive calls from other stations on the public switched telecommunications network; (b)access other services offered by the Company as set forth in this price list; (c)access certain interstate and international calling services provided by the Company; (d)access the Company's operators and business offices for service related assistance; (e)access emergency services by dialing 0-or 9-1-1;and (f)access services provided by other common carriers which purchase the Company's Switched Access Services as provided under the Company's Federal and State price lists or price list,or which maintain other types of traffic exchange arrangements with the Company. 3.2 Service Descriptions 3.2.1 Residential Service DSL -Digital Subscriber Loop Broadband Internet Services POTS Service -Plain Old Telephone Services dialtone and access 3.2.2 Business Service DSL -Digital Subscriber Loop for BroadbandInternet Services Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 30 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES (CONT'D) POTS Service -Plain Old Telephone Services dialtone and access Data Service -T1,Fractional Tl,Frame Relay,ATM and point-to-pointdata services 3.2.3 Lines and Trunks DSL -Digital Subscriber Loop Tl,Fractional Tl,Frame Relay,ATM and point-to-pointdata services 3.2.4 Optional and Vertical Features Wireless services for extending dialtone beyond normal cable plant VoIP -Voice over IP 3.2.5 Other Internet Services Resale of LEC or other CLEC services 3.2.6 Number Services 3.2.6.1 Nonlisted Number Service Description Nonlisted Service:A directory listing service wherein a Customer is not listed in the published directory,but is listed in the directory assistance database. 3.2.6.2 Nonpublished Number Service Description Non-Published Service:A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 31 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES (CONT'D) 3.2.7 Miscellaneous Charges 3.2.7.1 Installation Charges 3.2.7.2 Move and Change Charges 3.3.7.3 CharRes for Additional and Overtime Labor 3.2.8 Idaho Telecommunications Service Assistance Program (ITSAP) ITSAP consists of two programs,Lifeline and Linkup,that were developed to provide discounted rates for telephone service to low income customers,thus promoting universal service.The programs are jointly sponsored (federal and state)telephone assistance programs designed to maximize federal contributions to Idaho's low- mcome customers. The programs provide reductions in monthlyrates for single line telephoneservice and/or reductions in one-time costs for installation of telephoneservice for qualifying customers.The program is administeredby the Department of Health and Welfare in accordance with Idaho Code,§56-901. 3.2.8.1 Eligibility-To be eligible for ITSAP,the participant must: (a)Apply through the Department of Health and Welfare, (b)Be head of household, (c)Have a total gross income at or below 133%of the Office of Managementand Budgets (OMB)Poverty guidelines. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 32 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES (CONT'D) 3.2.8.2 Residents of Tribal Lands may be eligible for additional federal assistance if the individual participates in one of the followingfederal assistance programs: (a)Bureau of Indian Affairs general assistance; (b)Tribally administered Temporary Assistance for NeedyFamilies; (c)Head Start (onlythose meeting its income qualifyingstandard); (d)National School Lunch Program's free lunch program. 3.2.8.2.1 Eligibilityand qualificationdeterminations will be performed according to the telecommunication provider's federal tariff and/or 47 C.F.R.Part 54. 3.2.8.2.2 Each eligible participating resident of Tribal Lands must provide to its local service provider a signed document certifying under penalty of perjurythat the customer receives benefits from at least one of the programs mentioned. 3.2.8.3 Lifeline Discounts -applied to tariffed monthlyrecurring rates and charges for qualifyingresidential customers. Monthlydiscount (not to exceed the rate charged for the grade of subscribed residential basic local exchange service)$3.50 Additional federal discounts may apply: Tier 1 -Monthlyservice discount equal to the subscriber line charge $3.50 Tier 2 -Monthlyservice discount for customers of eligible telecommunications carriers who have received non-federal regulatory approvals $1.75 Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 33 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES (CONT'D) Tier 3 -Monthlyservice discount equal to one half of the amount of any state support up to a maximum of $1.75 Tier 4 -Eligible residents of Tribal Lands may be eligible for discounts of up to $25.This discount may not bring the local residential rate to below $1.00 per month $25.00 3.2.8.4 Linkup Discounts -applied to installation of new service,including line extensions,construction of facilities,etc.,but shall not apply to customer premises facilities or equipment. A service installation cost reduction of 50%up to $30.00 For an eligible resident of Tribal Lands,an additional reduction of up to $70 may be applied to cover 100%of the charges between $60 and $130 assessed for initiating telephone service.$70.00 3.2.8.5 Rules 3.2.8.5.1 Applies to Telecommunication service at the principal residence of the eligible subscriber/head of household. 3.2.8.5.2 A household is either an individual living alone or a group of individuals livingtogether in common livingquarters and facilities under such domestic arrangements and circumstances as to create a single establishment. 3.2.8.5.3 The eligible participant can receive assistance with telephone service installation costs only once at a residential address.However, if the participant moves to a new address,meets the eligibilitycriteria and is in good standing with the telephoneservice provider,there is no limit to the number of times the participant may receive assistance with telephone costs. 3.2.8.6 Nonrecurring charges to change to or from this program because of change in eligibilitystatus will be waived. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 34 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 3.0 LOCAL EXCHANGE SERVICES (CONT'D) 3.2.8.7 Lifeline service is not available for foreign exchange service.Onlyone line per household will qualify for ITSAP discounts. 3.2.8.8 Customers participating in either of these assistance programs must notify the company of any changes that would affect qualification. Verification of eligibilitywill be established by the Department of Health and Welfare and will be reviewed annually. 3.2.8.9 When the customer is no longer eligible,the discount will be discontinued and regular tariff rates and charges will apply. 3.2.8.6 Recovery The cost of providing assistance through ITSAP shall be recovered by imposing a monthlysurcharge determined by the Public Utilities Commission and assessed on each line used for providing residential and business access. Participating ITSAP customers are exempted from this surcharge. $.05/line/month 3.2.9 Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund.The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. Big Sky Telecom,Inc. Revision 1-A Big Sky Telecom,Inc.Local Exchange Page 35 Emmett,Idaho Services Tariff Release:1 Issued:July 22,2002 Effective:September 1,2002 4.0 RATES AND CHARGES (service and charges to still be determined)* Service One time charge Recurring charge DSL service Unknown at this time Unknown at this time POTS service Unknown at this time Unknown at this time T1 Data Service Unknown at this time Unknown at this time Fractional Tl Data Service Unknown at this time Unknown at this time Frame Relay Unknown at this time Unknown at this time ATM Unknown at this time Unknown at this time Big Sky Telecom,Inc. Revision 1-A Page 1 of 1 From:"Heidi Higer"<hhiger@qwest.com> To:"Gerald "Jerry"Lambert"<jerry@bigskytel.com> Sent:Monday,July 15,2002 9:15 AM Subject:Re:Interconnection agreement with Qwest Jerry,you do need to file with the PUC to become a CLEC,we don't require you to be certified when we start the contract process but when we go to file the agreement with the commission they will not approve the agreement until you are certified in the state to resale services.Are you ready to move forward with the contract process? let me know. Thanks Heidi 8/12/02 West Qwest Corporation Interconnection 1801 California St. Suite 2410 Denver,Colorado 80202 Phone:303-965-3029 Fa×:303-965-4667 E-Mail:hhigereqwest.com Heidi HigerManager-Interconnection Process DATE:July 29,2002 RE:Interconnection agreement for Big Sky Telecom Inc. Dear Mr.Lambert: Enclosed for signature is one (1)Interconnection agreement and three (3)signature pages for Big Sky Telecom Inc.for the state of Idaho.Upon execution by Big Sky Telecom Inc.,return the original agreement and signed signature pages to me: Heidi Higer at 1801 California Street,Suite 2410 -Denver,Colorado -80202.Upon execution by Qwest,one (1)original will be returned to you,one will be retained by Qwestand a third will be filed with the appropriate state commission. If you have any questions please call me. Sincerely, Heidi Higer Enclosures ride tlig liglit Qw eit. Qwest Corporation Interconnection 1801 California St. Suite 2410 Denver,Colorado 80202 Phone:303-965-3029 Fax:303-965-4667 Internet:hhiger@qwest.com Heidi Higer Manager-Inter con nection Process VIA CER TIFIED MAIL August 8,2002 Sig Sky Telecom,Inc. Jerry Lambert President 128 E Main Street Emmett,Idaho 83617 RE:Wireline Interconnection agreement between Big Sky Telecom and Qwest for the state of Idaho. Attached for your file is your executed original of the above captioned Agreement. If you have any questions,please give me a call. Sincerely, Heidi Higer Enclosures Section 22.0 -SIGNATUREPAGE By signing below,and in consideration of the mutual promises set forth herein,and other good and valuable consideration,CLEC adopts this SGAT and upon receipt by Qwest,the Parties agree to abide by the terms and conditions set forth in this InterconnectionAgreement. Big Sky Telecom,Inc.Qwest Corporati Signature *Signature Vos 4W L.T.Christensen Name Printed/Typed Name Printed/Typed t EN Director -Business Policy Title Title Date //Date / Qwest idaho SGAT -Third Revision,May 24,2002 -315 - -,oc nomal-a ro,luim/Rim Skv/IDICOS-020726-0005 'gg g'Big Sky Telecom,Inc. 128 E.Main Street,Emmett,Idaho 83617 INTERNET Tel:(208)398-7380 Fax:(208)398-7402 Emmett,Idaho July2,2002 Idaho Public Utilities Commission PO Box 83720 Boise,ID 83720-0074 To whom it may concern: Please accept this letter as statement I have read and reviewed the commission rules and agree to comply with them. If you have any questions,please feel free to call me on my cell 208-861-1396 or email me jerrv@bigskytel.com.Thank you for your time. Rega s, d "Jerry"Lambert President Big Sky Telecom,Inc.