20130109Application.pdf

CAHILL GORDON & REINDEL LLP
SUITE 950
1990 K STREET, N.W.
D.C. WASHINGTON, "' AUGUSTINE HOUSE
EIGHTY PINE STREET 6A AUSTIN FRIARS
NEW YORK, N.Y. 10005-1702 LONDON, ENGLAND EC2N 2HA
(2 12) 701-3000 (011) 44.20.7920.9 800
FAX: [phone] TELEPHONE [phone] FAX: [phone]
FACSIMILE [phone]
ANGELA F. COLLINS 202-862-8930 1 [e-mail]
January 8, 2013 ..
Zn:.
Via Federal Express '- rn
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission _
PO Box 83720 1 N /
Boise, Idaho 83720-0074
Re: Application of lonex Communications North, Inc. dba Birch
Communications for a Certificate of Public Convenience and Necessity to
provide local telecommunications service in Idaho
Dear Ms. Jewell,
lonex Communications North, Inc. dba Birch Communications (the "Applicant") hereby
encloses an unbound original and three (3) copies of the PUBLIC version of its Application for a
Certificate of Public Convenience and Necessity to provide local telecommunications service in
Idaho ("Application"). Also enclosed are an unbound original and three (3) copies of a Request
for Trade Secret Treatment. The enclosed Application includes TRADE SECRET information.
Pursuant to Rules 61 and 67 of the Rules of Procedure of the Idaho Public Utilities Commission,
two (2) copies of the enclosed trade secret information have been submitted on yellow paper and
have been separated from the non-trade-secret portion of the Application. This Application is
being submitted in conjunction with a pending transaction, as such, the Applicant respectfully
requests expedited handling of this Application.
'Please date stamp the extra copy of the Application and Request for Trade Secret
Treatment, and return them in the enclosed envelope. If you have any questions concerning this
matter, please contact the undersigned.
Respectfully submitted,
&Counse
llins
onex Communications North,
Inc. dba Birch Communications
Enclosures
93493830
PUBLIC VERSION
Angela F. Collins
Cahill Gordon & Reindel, LLP fli AM . ')' 1990 K St. NW, Suite 950 - -q
'U. QJ
[phone] (telephone) WAft PUBL(• 866-814-6582 (facsimile) UTILITIES COMMISS iO
[e-mail]
Attorney for lonex Communications North, Inc. dba Birch Communications
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Application of lonex
Communications North, Inc. dba ) Birch Communications for a ) Certificate of Public Convenience ) A and Necessity to provide local telecommunications service in Idaho )
/3 -0/
APPLICATION FOR CERTIFICATION
Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission"), lonex
Communications North, Inc. dba Birch Communications ("lonex" or "Applicant") hereby applies
for a Certificate of Public Convenience and Necessity to provide basic local exchange service in
Idaho pursuant to Commission Order No. 26665. In support of this application, Applicant
submits the following information:
I. Proposed Services
lonex will offer local exchange and long distance services within Idaho. lonex is filing
this application in connection with an Asset Purchase Agreement ("Agreement") between
lonex' s parent, Birch Communications, Inc. ("BCI"), and Covista, Inc. ("Covista"), an
authorized local exchange carrier in Idaho. Pursuant to the Agreement, BCI will purchase
certain assets and customers of Covista, including certain customer accounts and receivables,
certain customer agreements and contracts, certain vendor agreements and contracts, certain
equipment, and certain intellectual property. BCI, however, will not assume any of Covista's
pre-closing liabilities or obligations. lonex and Covista are filing for any necessary approvals of
the transaction under separate cover. Once Ionex receives all necessary authority from the
Commission, Birch will serve the customers currently served by Covista in Idaho. lonex,
therefore, requests expedited review of its Application.
86727440
PUBLIC VERSION
II. Form of Business
1. Name, Address and Form of Business: lonex is a South Dakota corporation
with headquarters located at 2300 Main Street, Suite 340, Kansas City, MO,
64108. lonex is a wholly owned subsidiary of Birch Communications Inc.
("BCI"), a Georgia corporation with headquarters located at 3060 Peachtree Road
NW, Suite 1065, Atlanta, Georgia 30305. BCI and its subsidiaries provide
telecommunications services to both business and residential customers in 38
states. A copy of lonex's authority to do business in the state of Idaho is attached
as Exhibit A. A copy of the Certificate of Assumed Business Name for Ionex to
use the name Birch Communications is also set forth in Exhibit A. A certified
copy of its articles of incorporation is attached as Exhibit B.
If the applicant is a corporation, a short statement of the character of
public service in which it may engage: The provision of
telecommunications services.
2. Principal business address within Idaho: None
3. Name and address of registered agent for service in Idaho:
Corporation Service Company
12550 W. Explorer Drive, Suite 100
Boise, ID 83713
4. 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:
Birch Telecom, Inc. owns 100% of lonex. BCI owns 100% of Birch
Telecom, Inc. Birch Communications Holdings, Inc. ("Birch Holdings") owns a
100% voting and equity interest in BCI. Birch Holdings is a Georgia corporation
whose principal business is telecommunications holdings. The address for Birch
Holdings and both stockholders is 3060 Peachtree Road, NW, Suite 1065,
Atlanta, GA 30305.
Ownership of Birch Holdings is as follows:
(1)Holcombe Green, a U.S. citizen, owns a 66% voting and equity interest
in Birch Holdings; and
(2)R. Kirby Godsey, a U.S. citizen, owns a 32% voting and equity interest'
in Birch Holdings.
5. Names and addresses of the officers and directors of Applicant: are
attached as Exhibit C.
R. Kirby Godsey holds his percentage through his individual holdings and through the R. Kirby
Godsey 2008 Grantor Retained Annuity Trust.
86727440
PUBLIC VERSION
6.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: See
response to Question 4.
7.Names and addresses of subsidiaries owned or controlled by applicant:
N/A
III. Telecommunication Service
1.The date on which applicant proposes to begin construction or anticipates
it will begin to provide service: As soon as authorized. As discussed above,
lonex's parent company is acquiring the customers and substantially all of the
assets of Covista, Inc., and is submitting this Application pursuant to that
transaction. lonex will begin to serve Covista customers as soon as it receives the
necessary regulatory approvals.
2.A written description of customer classes and customer service[s] that the
applicant proposes to offer to the public: Local exchange and interexchange
service to residential and business customers.
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 utility is likely to compete: The service
will be offered to those customers currently served by Covista, Inc. Ionex is
likely to compete with Qwest.
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: lonex will offer resold services and will own no
facilities in Idaho.
3.A statement describing with whom the applicant is likely to compete: Other
local exchange carriers, such as Qwest, XO, TW Telecom, and Level 3.
4.A description of the property owned by the applicant clarifies the
applicant's proposed services and operation: N/A
V. Financial Information
The Applicant possesses adequate financial resources to provide the proposed services.
In support of this, the Applicant submits the financial statements of its parent company
(BCI) from 2012 as Exhibit D and pursuant to a Request for Confidential Treatment.
8672744v1
PUBLIC VERSION
VI. "Illustrative" Tariff Filings
Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations
applicable to the contemplated service are attached as Exhibit E. lonex will further
revise this tariff to incorporate the services currently offered by Covista to ensure
Covista' s customers continue to receive the same services and rates without immediate
change after those customers are transferred to Ionex.
VII. Customer contacts
1. Contact information for the Applicant:
a)Person(s) responsible for consumer inquiries and complaints from
the public, as well as complaints, inquiries, and matters concerning
rates and price lists from Commission Staff:
Tara Jackson
Senior Manager, Legal, Regulatory, Security, and Fraud
Birch Communications
2300 Main Street, Suite 340
Kansas City, MO 64108
816-300-1677(telephone)
[e-mail]
b)A toll-free number for customer inquiries and complaints: 1-888-
772-4724
VIII. Interconnection Agreements
lonex has an existing interconnection agreement with Qwest and will add Idaho to that
agreement.
IX. Compliance with Commission Rule: The Applicant has reviewed all of the Commission
rules and agrees to comply with them.
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: The Applicant does not require
advance deposits by its customers, and this requirement is therefore inapplicable.
86727440
PUBLIC VERSION
WHEREFORE, lonex respectfully requests that the Commission hereby grant its
Application for a Certificate of Public Convenience and Necessity to provide local
telecommunications service in Idaho.
Respectfully submitted,
IONEX COMMUNICATIONS NORTH,
INC. DBA BIRCH
COMMUNICATIONS
Angela F. Collins
Cahill Gordon & Reindel LLP
1990 K Street, N.W.
Suite 950
Washington, D.C. 20006
202-862-8930 (telephone)
866-814-6582 (facsimile)
[e-mail]
Counsel for lonex Communications North,
Inc. d/b/a Birch Communications
8672744v1
PUBLIC VERSION
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this Pday of January, 2013, served the foregoing
Application of lonex Communications North, Inc. dba Birch Communications for a Certificate of
Public Convenience and Necessity to provide local telecommunications service in Idaho upon all
parties of record in this proceeding, by mailing a copy thereof, properly addressed with postage
prepaid, to:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
P0 Box 83720
Boise, Idaho 83720-0074
IONEX COMMUNICATIONS, INC.
DBA BIRCH COMMUNICATIONS
Angel . Collins
Cahill Gordon & Reindel LLP
1990 K Street, N.W.
Suite 950
Washington, D.C. 20006
202-862-8930 (telephone)
866-814-6582 (facsimile)
[e-mail]
Counsel for lonex Communications,
Inc. dlb/a Birch Communications
86727440
PUBLIC VERSION
List of Exhibits
Exhibit A Secretary of State Certificate of Authority to do business in Idaho and Certificate
of Assumed Business Name
Exhibit B Certified Copy of Articles of Incorporation
Exhibit C Names and addresses of Officers and Directors
Exhibit D Financial Statements - TRADE SECRET*
Exhibit E Proposed Tariff
*Submitted pursuant to a Request for Trade Secret Treatment
8672744v1
PUBLIC VERSION
Exhibit A
Secretary of State Certificate of Authority to do business in Idaho and Certificate of Assumed
Business Name
8672744v1
State of Idaho.
CERTIFICATE OF AUTHORITY
OF
IONEX COMMUNICATIONS NORTH, INC.
File Number C 196891
I, BEN YSURSA. Secretary of State of the State of Idaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
Idaho Business Corporation Act, has been received In this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested In me by law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate of
the application for such certificate.
Dated: December 24, 2012
&-" n?"A4A"
SECRETARY OF STATE
By -
FILED EFCflV
202
APPLICATION FOR CERTIFICATE
OF AUTHORITY (For Profit) 20I2UEC 2(i P1112:05
(instructions on Back of Application)
SECRETARY C` STATE
The undeisigned Corporation applies fore Ceillflcate ofAuthorily and elates as follows: STAN OF AJAHO
1.The name of the corporation is:
lonex Communications North, Inc.
2.The name which It shall use in Idaho is: lonex Communications North. Inc.
3.ills incorporated under the laws of: South Dakota
4.Its dale of Incorporation is: 06/2811093
5.The address of Its principal office Is:
2300 Main -Street, Ste 340, Kansas City, MO 84108
6.The address to which correspordence should be addressed, it different from Item 6, is:
7.The street address Wits registered office In Idaho Is:, 12550W. Explorer Drive, Suite 100, BoIse, ID 83713
and Its registered agent In Idaho at that address is Corporation Service Company -
S. The names and respective business addresses of its directors and officers are:
Name Title
Vincent M. Oddo President/CEO
Christopher Aversano Exec vpicao
Christopher Bunco Sr. VP/General Couns
Edward James iii Sr. VPICFO
Holcombe T. Green, Jr. Director
R. Kirby Godsay Director
Business Address
4885 Riverside Dr., Ste 304, Macon, GA
4885 Riverside Dr., Ste $04, Macon, GA
2300 Main St., Ste 340, Kansas City, MC
4886 Riverside Dr., Ste 304, Macon, GA
3060 Peachtree Rd NW, Ste 1065, Atlant
3060 Peachtree Rd NW, Ste 1065, Atlant
Dated: 12119/2012
Signature: -0-4—
Typed Name: Christopher Bunco
Capacity: Sr. Vice President & General Counsel
(The sl9ner must be a dbeLor or an ofticer of the cOroraUon.J
CuitomerAce 5:
Sesretery of Slate use
I
IlifillO SEIRETI1RT OF SUITE
12'24/201 sø
WebUP HUt4I Us 1157 Wila 1352719
S IBO.II 10.80 AUTh PRO I 2
It S 28.09 EXPEDITE C II J
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CERTIFICATE OF
ASSUMED BUSINESS NAME
Pursuant to Section 53-504, Idaho Code, the undersigned
submits for filing a certificate of Assumed Business Name.
Please type or print legibly.
Instructions are included on back of application.
1.The assumed business name which the undersigned use(s) in the transaction of
business is:
Birch Communications
2.The true name(s) and business address(es) of the entity or individual(s) doing
business under the assumed business name:
Name Complete Address
lonex Communications North, Inc. 2300 Main Street,Ste 340, Kansas City, MO 64108
3.The general type of business transacted under the assumed business name is:
I D
U
I
Retail Trade
Wholesale Trade
Services
Manufacturing
LI Transportation and Public Utilities
LI Construction
LII Agriculture
LII Mining
Finance, Insurance, and Real Estate
Submit Certificate of
Assumed Business
Name and $25.00 fee to:
4.The name and address to which future
correspondence should be addressed:
lonex Communications North, Inc.
2300 Main Street, Ste 340
Kansas City, MO 64108
5.Name and address for this acknowledgment
COPY iS (if other than # 4 above):
Secretary of State
450 North 4th Street
P0 Box 83720
Boise ID 83720-0080
208 334-2301
Signature:
Printed Name: Christopher Bunce
Capacity/Title:_Sr. Vice President & General Counsel
Signature:
I Printed Name:
I Capacity/Title:
abn.pmd Rev. 07/2010 9/21/2012
INSTRUCTIONS
Optional: If the document requires a correction, please list a telephone number where we can reach you.
816-300-1049
Filing a Certificate of Assumed Business Name does not give a business any specific right to the use of the name on the
Certificate. Before filing, it might prove useful to have the Secretary of State's Office search the records for names which
are identical or deceptively similar. Another business might already be using the name you wish to file; in many cases this
would be a reason to select another name. Please be aware that all filings with this office are public record and
are available upon request and via the internet.
When an Assumed Business Name filing is required:
(1)Any person who proposes to or intends to transact business in Idaho under an assumed business name shall,
before beginning to transact business, file with the Secretary of State a certificate of assumed business name.
(2)An entity which is organized, registered or admitted to the state by filing its organizational document or
qualification papers with the Secretary of State is not required to file a Certificate of Assumed Business Name,
except when it conducts business under a name other than its true name which appears on its organizational
document or qualification papers. Formally organized or registered entities include corporations, limited liability
companies, limited partnerships and limited liability partnerships.
(3)If an individual is using both his/her legal first and last name within the business name, filing of this certificate is
not required.
One certificate must be filed per assumed business name. If an individual or business conducts business under more
than one assumed name, it must file a separate certificate for each assumed business name it uses.
Line 1. Enter the assumed business name exactly as is used in conducting the business with the public. Please note
that the business name shall not include words or abbreviations which falsely imply the existence of a formally
organized or registered entity, such as "Inc.", "Corporation", "LLC', "Company", etc.
Line 2. Enter the name and address of each individual who has a financial interest. (Since this information is public
record we advise you use a business address and NOT a home address.) For a formally organized entity,
enter in item #2 the true name exactly as it appears on the organizational or registration document, and its
principal business address.
Line 3. Check one or more boxes in item #3. You MUST select one of the options that best describe your business.
Do not make up your own category.
Line 4. Enter the address to which the Secretary of State should send future correspondence concerning this
certificate.
Line 5. Acknowledgment address. If you want this certificate returned to a different address than listed on line 4,
enter that address in line 5.
Signature. The certificate must be signed by an individual who has actual authority to bind the business to legal
obligations. The signer must be identified by printing or typing his/her name below the signature and indicate in what
capacity they sign (i.e. president, partner, manager, owner, etc.) Only one signature is required, but space has been
provided for more than one signature.
Pursuant to Idaho Code § 67-910(6), the Secretary of State's Office may delete a business entity filing from our
database if payment for the filing is not completed.
Mail or deliver to: The filing fee is $25.00.
Office of the Secretary of State
450 N 4th Street
P0 Box 83720
Boise ID 83720-0080
If you have questions or need help, call the Secretary of State's office at [phone].
PUBLIC VERSION
Exhibit B
Certified Copy of Articles of Incorporation
8672744v1
WON Fay ma -kl-- WA ~1~ - -AMM1,46 11
OFFICE OF THE SECRETARY OF STATE
Department of State
United States of America, }
} Secretary's Office
State of South Dakota }
This is to certify that the attached instrument of writing is a true, correct and
examined copy of the Articles of Incorporation and all Amendments for IONEX
COMMUNICATIONS NORTH, INC. filed with this office through April 14,
2006.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and
caused to be affixed the Great Seal
of the state of South Dakota at the
city of Pierre, the capital, this April
14,2006.
Chris Nelson
Secretary of State
Fees, $33,
CeriftedCopy Merge doe
L___
CERTIFICATE OF INCORPORATION
BUSINESS CORPORATION
I. JOYCE HAZELTINE, Secretary of State of the
State of South Dakota, hereby certtfy that the Articles
of Incorporation of FIRSTEL, INC. duly signed and
verified,, pursuant to the provisions of the South Dakota
Business Corporation Act, have been received in this
office and are found to conform to law.
ACCORDINGLY and by virtue of the authority vested in
me by law. I hereby issued this Certificate of
Incorporation and attach hereto a duplicate of the
Articles of Incorporation of FIRSTEL, INC.
N TESTIMONY WHEREOF. I have
hereunto set my hand and
affixed the Great Seal of the
State of South Dakota, at
Pierre, the Capital. this June 25, 1993.
)OYCE ZELTIN
I
Secretary of St lj~
a
0
JUN 2 !Q9
--

ARTICLES OF INCORPORATION
OF
FIRSTL, INC.
Iwo
4
I •'
Tne undersigned * acting as incorporator of a corporation
under the South Dakota Business Corporation Act, adopts the fol-
lowing Articles of Incorporation for such corporation:
ARTICLE I The name of the corporation shall be yIRSTE(.,
INC
ARTICLE TX; The period of existence shall be perpetual.
ARTICLE III: The purposes for which the corporation is
formed are to carry on and conduct a general corporate business
for the buying, selling. leasing, reselling. operating, main-
taming or otherwise engaging in long distance telecommunications
of any type or kind; buying. selling and dealing in all kinds and
forms of property, both teal or personal, and the doing of any
and all other business and contracting incidental thereto or con-
nected therewith and the doing and performing of any and all
actions and things necessary, proper, or incidental to such busi-
ness: dealing in goods, wares and merchandise of all kinds; to
borrow or lend money; to take by will or gift; and to engage in
any lawful ousiness or activity as authorized under the South
Dakota Business Corporation Act.
ARTICLE TV: The aggregate number of shares which the cor-
poration shall have the authority to issue is 1,000,000 shares of
common stock s each share having the par value of $1.00 for a
total authorized capital stock in the sum of $1,000,000.00.
AR?ICC.E V: The address of the initial registered office
is 303 3rd Street, Brandon, South Dakota 57005.
ARTICLE VI: The name of the initial registered agent at
such address is Richard S. Law, 303 3rd Street, Brandon, South
Dakota 37005.
ARTICLE Vtf: The number of directors of this corporation
shall be not less than one nor more than five. The number of
directors constituting the initial Board of Directors shall be
one. The name and address of the initial Board is:
NAMX ADDRESS
Richard S. Law 303 3rd Street
Brandon, SD 57005
ARTICLE VIZ: The name and address of the incorporator is:
EAMj ADDRESS
Richard S. Law 303 3rd Street
Brandon, SD 57005
ARTICLE IX: The directors of this corporation shall not be
liable, personally, for monetary damages for breach of fiduciary
duty as a director, except for any breach of the director's duty
of loyalty to the corporation or its shareholders for acts or
omissions not in good faith or which involve intentional miscon-
duct or a knowing violation of law, for any violation of SDCL
ff47-5-I5 to 47-5-19, inclusive, or for any transaction from
which the director derived an improper personal benefit, all as
set forth in SOCL 547-2-58.8.
- 2 -
ARTICLE X This corporation shall not commence business
until consideration of the value of at least $1,000.00 has been
received for the issuance of shares.
ARTICLE XI These Articles may be amended in the manner
authorized by law at the time of amendment.
Executed in duplicate on the 4225 day of June, 1993.
Efidbard S. Law
STATE OF SOUTH DAKOTA
: SS
COUNTY OP 141'flJEHAHA
Personally came before me this day of June, 1993, the
above-named RICHARD S. LAW, known to me to be the person who
executed the toregoig instrument and a dged the sane.
MILiS F.
NOTAXY iizi

b1xc Dakota -
(SEAL)
My C mbiln Expse 44.9$
STATE OP SOUTH DAKOTA )
: 55
COUNT! OF MINNEHASA
RICHARD S. LAW, being duly sworn, deposes and says: That he
is the person described in and who signed the foregoing Articles
of Incorporation as incorporator therein; that he has read the
said Articles and knows the contents thereof; that he intends in
good faith to form a corporation for the purposes of the promo-
-3-
tion of a lawful business as set forth in said Articles and not
or the purpose of enabling any corporation or corporations to
avoLd the Provisions of SDCL Chapter 37-1 i relating to unlawful
trusts and combinations, and laws amendatory thereto.
- Richard S. Law
Subscribed and sworn to before me this day of June,
1993 1
MILES F. SCHUMAC'.
• Publi* South Dakota
(SEPL) My CcM%hso txøtss 4.1..98
CONSENT OF APPOINTMENT BY TEE REGISTERED AGENT
I, RICHARD S. LAW, hereby give my consent to serve as the
cegistered agent for FXRSTEL,, INC.
Dated June1, 1993.
"10?or
- 4 -
Reespi to
Fitt No MID 33181
Filed ai Request of
CIJR1.TOPIJERSON IIMLIN & ANDERSON
MI I.1S SCIWNACUER
509 SOUTH DAKOTA AVENUE
SIOUX FALLS SD 57102
ART OF I NC:
of:
insrni., INC
1,0000041 ) S1,09
Ss. ni S,n,sIs fljL,,w
O1tsr uS u us i of
jItiI its hit- uftiirol tfs Srcuiat. ofSuron
19
2rLJ
Scrn fin of Suir
Dtrpssly
Fee Reteird
SOS CRP 491 V81
Pita, Dow
STATE CAPITOL STATEMENT OF CHANCE OF-REGISTERED OFFICE
OR REGISTEREDAGENT, OR BOTH
FIUNG M. $5 In addItion to annual Us
Puriui,qttths previsions of-th is Schaft Dakota CtiOtitlan Acts, the undersigned corporation submits the foRowin • statement Wthe purpose 01 changing liareglstered office and/or its registered egnt in the state of South Dakota.
• 1. The nerneolthe W ho6f&66~18 ' _- P775ti. Thc.
• Z.. The *estddreu.estst*mnt that there is no street address, at its registered otlics
303 3rd A 5700S.1255
3. The street address, • esi*menttsst thtdie no street address, to which the registered office is to
be changed is 1.3,Q 3, 12 -

..Si1sSD. -.
:.. Z1p44 5710
'
5. The name of Itsuccissor registered agent is
'The Consm*of Re d-Agern below Mg&bs completed by the new agent.
S. The address of its iegiszeretoffice and the address of ft—business office of its registered agent. as changed.
wiubeidentical. .
7. This change has been authOriaedby resoIutionddy adopted by the board of directors.
The statement must be sighei by the chairman of the board of directarL or by Its president, or by another of
Its officers in the presenc, olá notary public.
Date 8-26 _.19 94 -
Ititis) STATE ç South. Dakota -
COUNTY OF '!!a "- .
t. Cynthiaff. hin cartft 26th
of Auoad.. : . personally appeared before in. Fred L. ThuMn
who. beft by
,.
_President of F.roto.t Inc..
that- ,. --- '-----.- : corporezia an4h enistharein contain i.trua
My C mlssAE*plres '297 - l€L?4 ir ', i
.......
c0NSENTOFAPPO1NYMENT BY ThE REGISTERED AGENT
an. .- hereby give my consent to serve sa the

(name of registered apsitU .. - ••.
reerd-agentlat._ - FiXSt&. e.
Kurpcet. name) . i
Dazed 8.2G - —i94
SECRETARY OF Vs ATE STATEMENT OF CHè9 UIT CAPMOL REGISTERED OFFICE, OR REGISTERED AMT. OR BOTH 500 E. CAPITOL
PIERRE. FILING FEE: $10 Ov 6 19%
6O5.77344&4s
Putuant to the pw4slons of the South Dakota Co'poration Acts, the widemigned coipomxion submits the toflawng
statement for the pwpose of changing Its igisteied office anWcc Its mgistemd agent in the state of So**h Oakct&
I. TIM n eottflecepoceion is Frari ZIL, XNC.
2.The pmaus stteet address. are ataimt*t* that there is no stzeel address, of its registered otr=110 S. PUliPs
Ave. 202, $owr t'1Z. SD S"24'672 ZIP.4 --
3.The attest address, Of a statement that there is no street adtkm to which the registeled ofrice Is to be changed
IS CID C ? CPOt St''. -2111 S. W3 4")tree. -
Pierce. SD - ZIP e4 S750
4.The name at its VVftfi registeren agete is Thuman. Fred L. -
S. The mm of its suoouw momma aum ts • C 7 CCRP0RfTrOt S!ST!',M
1te Catser of Registered ent below be cempisted by me new agent -
6.The address of Its registeted duos and me address of the bceine$s attics of a • is
WIN be iddatical.
7.TW change has been stehodzed by feWtition duly aaoed by the boatd Of
This atatemeis may be signed by the otmainnai of the boaat of dimctois. by its preside
in the pressnos of a notasy ptdIic.
Date_- Ott. 13 199t__-
STATE OF
as
a notary puhoc, no hereby ceilIfy that on this day 1i4fJ j9itf Pj$fl3by appeated before me_1i IIie ,vt 14. Vmsi t.,-.D3' -
whoa being by me lust duly anm, dectarad that halahe Is the_Q.0 fe.'*Lcf. of 1ISTL IUC.
mat MISfIt signed 11* foregmng dowmeot as officer of the
caipondico. and the statements therein antsained are true.
MyComahalon E*pises &4d 1P2
{Notaflal Seat) -
CONSENT OF APPOINTMENT BY THE REGISTERED AGENT
f C T ORPOflAflOS?S?( -- -- *

hereby give cnyeoflsent to sine as the (naMe of ,egste0 QMe)
registered agnnt for TRSSL. rxc.
tpom*nene) TICK SYSTCK
Datid 19 _91
Ass. Secretary
R,W*.e&97 -
Fl ))1' fl)
1(157
2
9' / RECEIPT NO.
FILE NO.05033181
FEE RECEIVED; $ 10.00
STATEMENT OF CHANGE
OF
FIRSTEL, INC.
Stock;
Filed at the Recuest of:
MARNE 3 HOFFMAN
CT CORPORATION SYSTEM
• 4. 120 SOUTH CENTRAL AVE
CLAYTON NO 63105
.1
State of South Dakota ss
Office of the Secretary of State
Filed in the office of the Secretary of
State on November *6, 1998
C .
JOYCE HA2ELTINE
Secretary of State
By
Deputy
1
1•
c ±U± Muixf11 B UIUthZ
OFFICE OF THE SECRETARY OF STATE
Certificate of Amendment
I, JOYCE HAZELUNE, Secretary of State of the State of South Dakota.
hereby certify that duplicate of the Articles of Amendment to the Articles of
Incorporation of FIRSTEL, INC. changing its name to IONEX
COMMUNICATIONS NORTH, INC. duly signed and verified pursuant
to the provisions of the South Dakota Corporation Acts, have been received in this
ofliec and are fund to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I hereby
issue this Certificate of Amendment to the Articles of Incorporation and attach hereto a duplicate or the Articles of Amendment.
IN TESTIMONY WHEREOF. I
have hereunto set my hand and
affixed the Great Seal of the State of
South Dakota. at Pierre. the Capitol.
this March 30.2000.
VA., C t: ~: ~-
Joyce Hazeltine
Secretary of State
RECEVED O
4
OO53
TLMTO 5flhIrJU
SET*RYOP STATE
STATE CAPtTOt. , JFZ7II S. CAPtIOL ARTICLESOJ AMENDMENT
PIEJ, SD $73014070 TOM 630773*45 - ARUCI.ES OF tNCORPORATTON
of MM 41-24 tha w eiiWied copoetian WOO the fotlowtnç Articles
otieii* to A,bc*esot Rlaioa
1. TUteporabanis - WOO, -. _
Z instilC1 go Mes of Itioepotili oits by me WafthaftMcr 8* pCmtkin
*V • tCOO in Vie mm eanitaø by the South Dakota Cc'potstlon Acts
OR
No lwe bees iasa rd the foVowln9 eilmetti was adc*ad by the Boatid d Dirociee on
RESOLVED, that the Articles of Incorporation of the Corporation be
amended so that Article FIRST thereof shall read in its entirety 48
follows:
FIRST: The name of the corporation is: tonex Communications
North, Inc
V j
3. TM ,uthwd*esthetimpor*ian m4a.ov a the time ot wdia rónm* was IO6LI4 odft a~d p,mmvWtftdtDVAg vWqCnWn_L,0W.1
4 iTs ft iqwaioa and mmmw of cWsMmft ehems of each dais entitled to vote themon as a dM
5. Th.nLmesdietoded%emsn3ns'* '-°-
•Tt. mVennSt Was
Its vutivd dases d eat dW at*4Jad to vcfttbeeon as a dass vaW for and agauet Such amendnet*
on Nimbd PI a Ques CcO

Fbrjjj~-116
OWN-9T%madow
0005301.0198

lbS UVW. 11-0 * foth m VXA anendmt in WKb 4$11e ficgon or carceion
of iteued ateiss puvtda for in Uteaoendaeiti ehel be offead. Is tofolbvr
-'NA--
7. Th neiver in wtich si nmate affaft e thw9e in the smouit at s*ed a*at. Wd a statement
wpissat3 in dafls. of the weiai of saW CWW a Ourod by such ementtent.
--NA--
To be opmd In the pmaenoe of a noteiy adlc by sither the ntofnnen of the boaid at dkadcs. or by
tt wofcer. T!RSTII Inc.
Dated _Ch 10 7 1 °° . 5 UflR TO ATMNED PAQ PCI SIC tJiE(NOThRY
crate)
State of
Co.*yd
On s day of .19 , betoe me
poanly appsd , loimen to me, or ptoved to me,
to be die of the ccperatlan ow Is dasaibad in and that
exeadad thewU ruinent and aduic'Ieded to ma that such cupoi3on
Nataflal Seal
NotatyPubc
FiliNG FE $20
I. pampa CTpatate iema in tumbvcwe.
3. Cnel$.dnstuiee ead titles of the ciffil's ,s%FftfcrU*cwpofatiolL
3. Cwuiibe5 no" iie1ñlon.
MORIGINAL sM OW EXACT COPY at the Midas of Meiidment muci be submitted
SOS CRP 455 0MG
U0053U I .0198
SIGNATURE F i U
TO
ARTIcLES OF AM4DMENT
TO WE
ARTICLES OF ThCORPORATION
FST8 W.
ar-;Q~~
Namc
The: CO
STATE OF _7x4.s
COUNTY OF -
On this day o'Mard. 2W. Wort me peirscaaUy appeated
ó-qv' known to me, or psuved to me, to be the
. e ) of the corporation that is descñbcd in and that executed the within
instrument and acknowiedged to me that such corporation executed same.
AMU= I Public
My commission Expuns
—SOUTH DAKOTA-
1I)4Ut OCSO --I execution copy--
I, UIja Ii
100531 1.0198
Receipt Number/ 71 9~71:E7r-
ERCINumber 08033181
For
FIRSTEL, 1(C. changing its name to JONEX COMMUNCAT1ONS NORTH1 INC.
Filed a *ic requciiot
cycoon&1toN
GNI NAY
31$IEMSST
Pi" aDsTml
State ofSouth Dakota
Office ofthe Secrfai'yofState
Filed in the office of the Secierary of State on: Thursday, March 302000
Fs
C'4
qq Receipt Number:_______________________________ In
, File Number DB033181
.- 000
iNIIIIlihIIIrnII1 rnlLoilllliioiii STTMN 0 F CHNG
STATEMENT—OF—CHANGE
For
IONEX COMMUNICATIONS NORTH, INC.
Filed at the request of
csc
P0 BOX $81
WILMINGTON DE 19899
State of South Dakota
Office of the Secretary of State
Filed in the office of the Secretary of State on: Thursday, July 03, 2003
Secretary of State
Fee Received: $10.00
SECRETARY OF STATE * V 063-51 ëí
STATE CAPITOL STATEMENT OF CHANGE OF REGISTERED OFFICE,
500CAPf1OL AVE. OR REGISTERED AGENT, OR BOTH
!O5773..4345 FILING FEE: $10
Pursuant to the provisions of the South Dakota Corporation Acts, the undersigned corporation submits the following statement fir the purpoi
nf changing its registered office and/or its registered agent in the state of South Dakota.
I. The name of the corporation is _LONEX COMMUNICATIONS NORTH, INC. RECEIVED
2.The previous street address, or a statement that there is no street address, of its registered office____________________
319 South Coteau Street, Pierre, SD Zip 57501-3108 SD. SEC. OF STATE
3.The street address, a statement that there is no street address, to which the registered office is to be changed is 503 South Pierre Street
Pierre, SD Zip 5750ifj7hiL3 Iay(it
4.The name of its previous registered agent is
3
5.The name of its successor registered agent is *
* The Consent of Registered Agent below MM be completed by the new ag4FJAR.Y Of STATr
6.The address of its registered office and the address of the business office of its registered agent, as changed, Will
be identical.
7.This change has been authorized by resolution duly adopted by the board of directors.
.ste statement may be signed by the chairman of the board of directors, by its president or by another of its officers in the presence of a notar
Date June 27, 2003 £ u141,ti
(Signature)
Anne Martin, Attorney in Fact
(Title)
STATE OF DELAWARE
COUNTY OF NEW CASTLE
j, _Elizabeth A. Dawson anotypijbfi, doherthytjffliat on this _27th d1yof June 20.9L, personally appeared before me Anne Martin who, being by inc first duly svrn, declared that he/she is the AttorneyinFact of IONEXCOMMUNICATIONS NORTH, INC. thathe/shcsign the fbregoingdocumenias officer ofthe
corporationj and the ustcrn tbemi, contained are true.
.

!LAX 17, 2005
MyCoinmimon Epir (Notary •)
Elizabeth A. Dawson
CONSENT OF APPOINTMENT BY THE REGISTERED AGENT
Corporation Service Company , hereby give my consent to serve as the
(name of registered agent)
registered agent for ZONEXCOMMUNICATIONS WORTH, INC.
(corporate name) Corporation Service Company
Dated _ June 27,2003 By:
I) CD
C4 N.
CD STATE OF )
COUNTY OF
POWER OF ATTORNEY
NOTICE IS HEREBY GIVEN THAT Gregory C. Lawhon, the Senior Vice
President, Secretary arid General Counsel of Birch Telecom, Inc. (the Company'), a
Corporation established under the laws of DE, and of the subsidiary entitles shown on
the list appended hereto, does hereby appoint Anne Martin and Maureen Cullen
attorneys-In-fact for the Company and for the subsidiary entitles, to act for the Company
and for the subsidiary entities and in the name of the Company and of the subsidiary
entities for the liftled purposes authorized herein.
The Company ano the subsidiary entities having talcan all necessary steps to
authorize the changes and the establishment of this Power of Attorney, hereby grants
its attomeys-in4act the power to execute the documents necessary to change the
Company's and the subsidiary entities registered agent and registered office, or the
agent and office of smiler import, in any jurisdiction,
In the e xecution of any documents necessary for the purposes set forth herein,
Anne Martin shall exertise the power of Vice President and Maureen Cullen shall
exercise the power of secretary, or, in the case of entitles having managers or other
positions of authority rather than officers such as Vice President or Secretary, the
named individuals shall act in such office and with such authority as is required to effect
the changes herein contemplated.
This Power of Attorney expires upon the completion and filing of the documents
necessary to effect the changes in registered agent and registered office addresses
Contemplated herein, or when revol ted by Gregory C. Lawhon, which ever shall occur
first.
IN WITNESS WHEREOF the undersigned has executed this Power of Attorney
on this 29th day of May 2003.
Birch Telecom,
4-%~_______
Greg . Lawhon
Senior Vice Pesident. Secretary and General Counsel
IN-
Subscribed arid sworn to before me this ay ofli .t 2O0
Notary P ublic
C13mm11slMd In Jaøisat CMI?Y
My Gamml.ulofl expireat Jui.6, 2004
S..
CD
NAME OF ENTITY
BIRCH TELECOM, INC.
JONEX COMMUNICATIONS, INC.
IONEX COMMUNICATIONS NORTH, INC.
IONEX COMMUNICATIONS SOIJTH INC.
TELECOM RESOURCES, INC.
U,
Receipt Number:
File Number DB033 181
D B03 3181 -
1 ARTICLES OF AMEP4DMENT.
ARTICLES—OF—AMENDMENT
For
JONEX COMMIJMCATIONS NORTH, INC.
Filed at the request of
MARILYN PERSON
819W THIRD
Pierre SD $7501
State of South Dakota
Office of the Secretary of State
Filed in the office of the Secretary of State on: April 14, 2006
JThL
Secretary of State
Fee Received: $50
alE
OFFICE OF THE SECRETARY OF STATE
Certificate of Amendment
ORGANIZATIONAL ID #: DB033181
x, Chris Nelson, Secretary of State of the State of South Dakota, hereby certify
that duplicate of the Articles of Amendment to the Articles of Incorporation of
IONEX COMMUNICATIONS NORTH, INC. duly signed and
verified pursuant to the provisions of the South Dakota Corporation Acts, have
been received in this office and are found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I hereby
issue this Certificate of Amendment to the Articles of Incorporation and attach
hereto a duplicate of the Articles of Amendment.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and
affixed the Great Seal of the State of
South Dakota, at Pierre, the Capital,
this April 14, 2006.
Chris Nelson
Secretary of State
ko
Ae,4Cctiftc*t Mtgedoc
Wi
'0 ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
OF
IONEX COMMUNICATIONS NORTH, INC.
Adopted in accordance with the provisions
of SDCL 47-IA-1008
It is hereby certified that:
FIRST: The original Articles of Incorporation of Firstel, Inc. (the
"Corporation") were filed with the Secretary of State of the State of South Dakota on
June 28, 1993. Articles of Amendment to the Articles of Incorporation of the
Corporation were filed with the Secretary of State of the State of South Dakota on
March 30, 2000, changing the name of the Corporation from "Firstel, Inc." to "lonex
Communications North, Inc."
SECOND: These Articles of Amendment amend the provisions of the
Amended Articles of Incorporation of the Corporation, and were duly adopted
pursuant to the Corporation's Plan of Reorganization as filed with the United States
Bankruptcy Court for the District of Delaware and confirmed by such court as of
March 30, 2006 (the "Plan") pursuant to Chapter 11 of Title 11 of the United States
Code and otherwise in accordance with SDCL. 47-1A-1008.
THIRD: The Amended Articles of Incorporation are hereby amended
as follows:
1. Adding the following Article to the end of such document:
"ARTICLE XII: The issuance of nonvoting equity securities shall be
prohibited pursuant to Section 1 123(a)(6) of title 11 of the United States Code, as
amended."
FOURTH: Except as specifically set forth in these Articles of
Amendment, the terms of the Amended Articles of Incorporation shall not be
changed by these Articles of Amendment and shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, I have subscribed this document on the date set
forth below and do hereby affirm, under the penalties of perjury, that the statements
contained therein have been examined by me and are true and correct.
Date: April 13 ill 2006
IONEX COMMUNICATIONS NORTH, INC.
B4A
Name: Thomas A. Peterson
Title: Senior Vice President, Chief
Financial Officer & Treasurer
2
447133.Wibnington Server IA - MSW
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
OF
IONEX COMMUNICATIONS NORTH, INC.
Adopted in accordance with the provisions
of SDCL 47-IA- 008
It is hereby certified that:
FIRST: The original Articles of Incorporation of Firstel, Inc. (the
"Corporation") were filed with the Secretary of State of the State of South Dakota on
June 28, 1993. Articles of Amendment to the Articles of Incorporation of the
Corporation were filed with the Secretary of State of the State of South Dakota on
March 30, 2000, changing the name of the Corporation from "Firstel, Inc." to "lonex
Communications North, Inc."
SECOND: These Articles of Amendment amend the provisions of the
Amended Articles of Incorporation of the Corporation, and were duly adopted
pursuant to the Corporation's Plan of Reorganization as filed with the United States
Bankruptcy Court for the District of Delaware and confirmed by such court as of
March 30, 2006 (the "Plan") pursuant to Chapter II of Title 11 of the United States
Code and otherwise in accordance with SDCL. 47-IA-1008.
THIRD: The Amended Articles of Incorporation are hereby amended
as follows:
1. Adding the following Article to the end of such document:
"ARTICLE XII: The issuance of nonvoting equity securities shall be
prohibited pursuant to Section 1123(a)(6) of title ii of the United States Code, as
amended."
FOURTH: Except as specifically set forth in these Articles of
Amendment, the terms of the Amended Articles of Incorporation shall not be
changed by these Articles of Amendment and shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, I have subscribed this document on the date set
forth below and do hereby affirm, under the penalties of perjury, that the statements
contained therein have been examined by me and are true and correct.
Date: April 13th 2006
IONEX COMMUNICATIONS NORTH, INC.
Name: Thomas A. Peterson
Title: Senior Vice President, Chief
Financial Officer & Treasurer
2
447733-Wilmington Server I A MSW
ht, ft ~8—t k I lop, rl_
i: z1*f 4'&'1 1 fI I
Certificate of Amendment
ORGANIZATIONAL II) #: DB033181
1, Chris Nelson, Secretary of State of the State of South Dakota, hereby certify
that duplicate of the Articles of Amendment to the Articles of Incorporation of
IONEX COMMUNICATIONS NORTH, INC. duly signed and
verified pursuant to the provisions of the South Dakota Corporation Acts, have
been received in this office and are found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I hereby
issue this Certificate of Amendment to the Articles of Incorporation and attach
hereto a duplicate of the Articles of Amendment.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and
affixed the Great Seal of the State of
South Dakota, at Pierre, the Capital,
this April 14, 2006.
Mep
Chris Nelson
Secretary of State
AmendCUfica MerO
'0 4k
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
OF
JONEX COMMUNICATIONS NORTH, INC.
i4
Adopted in accordance with the provisions
of SDCL 47-IA-1008
It is hereby certified that:
FIRST: The original Articles of Incorporation of Firstel, Inc. (the
"Corporation") were filed with the Secretary of State of the State of South Dakota on
June 28, 1993. Articles of Amendment to the Articles of Incorporation of the
Corporation were filed with the Secretary of State of the State of South Dakota on
March 30, 2000, changing the name of the Corporation from "Firstel, Inc." to "lonex
Communications North, Inc."
SECOND: These Articles of Amendment amend the provisions of the
Amended Articles of Incorporation of the Corporation, and were duly adopted
pursuant to the Corporation's Plan of Reorganization as filed with the United States
Bankruptcy Court for the District of Delaware and confirmed by such court as of
March 30, 2006 (the "Plan") pursuant to Chapter 11 of Title 11 of the United States
Code and otherwise in accordance with SDCL. 47-1A-1008.
THIRD: The Amended Articles of Incorporation are hereby amended
as follows:
I. Adding the following Article to the end of such document:
"ARTICLE XII: The issuance of nonvoting equity securities shall be
prohibited pursuant to Section 1 123(a)(6) of title ii of the United States Code, as
amended."
FOURTH: Except as specifically set forth in these Articles of
Amendment, the terms of the Amended Articles of Incorporation shall not be
changed by these Articles of Amendment and shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
\
IN WITNESS WHEREOF, I have subscribed this document on the date set
forth below and do hereby affirm under the nena1fie nfnermrv that the thtnentQ
contained therein have been examined by me and are true and correct.
Date: April i3ft 2006
JONEX COMMUNICATIONS NORTH, INC.
BXII
Name: Thomas A. Peterson
Title: Senior Vice President, Chief
Financial Officer & Treasurer
2
447733-Wik9ngton Servcr IA- MSW
- c4
NEW BYLAWS DATED FEBRUARY 18,1998.
OF
FIR.STEL, INC.
- ARIICLEI
omcs
Section 1. Principal Office. The principal office of the Corporation shall be
located at such place, within the State of South Dakoti, as the Board of Directors shall designate
from thneto time.
Section 2. Other Offices. The Corporation may also have offices at such other
places both within or without the State of South Dakota as the Board of Directors may from time
to time determine or the business ofthe Corporation may require.
AwrIcLEn.
SHAREHOLDERS
Section 1. Place of Meetings. All meetings of the shareholders shall be held
within or without the State of South Dakota at such place as may be designated from time to Iliac
by the Board of Directors.
Section 2. Annual Meetings. A meeting of shareholders shalt be held annually
for the purpose of the election of directors and to transact such other business as may be properly
brought before the meeting shall be held at IM p.m on the 1 3t Wednesday of March. If such
day is a legal hoiday, then the annual meeting will be held on the next business day.
Section 3. Notice ofAnnual Meeting. Written notice; of the animal meeting shall
be given to each shareholder entitled to vote thereat not Less than ten (10) nor more than fifty
(50) days before the day of the meeting.
Section 4. LISt o(Shareholdczs EnHtled to Vote The officer who has charge of
the stock ledger of the Corporation shall prepare and make, at least tea (10) days before every
meeting of shareholders, a complete list of shareholders endUed to vole at said meeting, arranged
in alphabetical order, showing the address of and the number of shares registered in the name of
each shareholder. Such list shall kept on file at the registered office ãrprincipai place of
business of the Corporation and shall be open to the .ntti00 of any shareholder, for any
ptupose germane to the meeting, during ordinary business hours, for a period of at least ten (10)
days prior to the election. The list shall be produced and kept at the time and place of election
during the whole time thereof, and shall be subject to the inspection of any shareholder who may
be present
sitDOI-6S5S45V
Sections. Call of Special Meetings. Special meetings of the shareholders, for
any purpose or purposes, unless otherwise prescribed by statute, may be called at any time by the
president, or by the Board of Directors, or shall be called by the president at the request of the
holders of not less than twenty percent (20 0A) of the shares entitled to vote at the meeting. Such
request shall state the purpose or purposes of the proposed meeting.
Section 6. Notice of Special Meeting. Written notice of a special meeting of
shareholders, stating the timet place and object thereof shall be given to each shareholder
entitled to vote thereat, not less than ten (10) nor more than fifty (50) days before the date fixed
for the meeting.
Section?. Transactions at Special Meeting. Business transacted at any special
meeting of the shareholders shall be limited to the purposes stated in the notice.
Section 8. Quorum. The hoLders of a majority of the capital stock issued and
outstanding and entitled to a vote thereat1 present in person or represented by proxy, shall
constitute a quorum at all meetings of the shareholders for the transaction of business. If
however, such quorum shall not be put or represented at any meeting of the shareholders, the
holder of a majority of such shares entitled to vote thereat, present in person or represented by
proxy, shall have the power to adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum shall be prusent or represented. At such a4ourned
meeting at which a quorum shall be present or represented, any business may be transacted
which might have been transacted at the meeting as originally notified.
SectIon 9. Aft at When quorum is present at any
meeting, the vote of the holders ofa majority of the stock having voting power present in person
or represented by proxy shall decide any question brought before such meeting, unless the
question is one upon which by ccprm provision of the statutes, a dIrent vote is required, in
which case such express provision shall govern and control the decision of such question.
Section 10. Vote in Person or by Proxy. Each shareholder shall at every meeting
of the shareholders be entitled to one (1) vote in pson or by proxy far each share of the capital
stock having voting power held by such shareholder, but no proxy shall be voted on after eleven
(11) months from its date, unless the proxy provides for longer period.
Section 11. Consent o( Shareholders in Lim ofMeedg. Any action requited or
permitted by dat provisions of the statutes to be taken at any annual or special meeting of
shareholders of the Corporation, or any action which may be taken at any annual or spccW
meeting of such shareholders, may be taken without a meeting, without prior notice and without
a vote, if a consent in wddn& setting forth the action so taken, shall be signed by the holders of
all of the outstanding stock entitled to vote thereon were present and voted.
New Bykm thred?cbnziy 1*, 1998, FurTel, Inc., Page 2
- ARTICLE m
Section 1. Number and Qualifications. The number of diractoraof the
Corporation shall be at least one (1) and no more than three (3); each director shall hold offlc
until the next annual meeting of shareholders and until his successor shall have been elected and
qualified. The number of directors elected to the Board of Directors of the Corporation may be
increased or decreased from time to time by amendment to the Bylaws, but no decrease shall
haw the effect of shortening the term of any incumbent director. in the absence of a bylaw
fixing the number of directors, the number shall be the same as that stated in the Articles of
Incorporation. Directors need not be shareholders.
Section 2. Election and Vacawics. At each irm,isj meeting, the shareholders
shall elect by ballot the members of the Board of Directors. Each person named In the Articles
Of Incorporation as a director shall bold office until the first amrnl. meeting of the shareholders
or until his successor shall have been elected by the shareholders, unless he shall have been
removed by the shareholders. Each director elected thereafter shall Imid office for a term of one
(1) year and thereafter until his successor shall have been elected and qualified, unless he shall be
removed by action of the shareholders. Whenever any vacancy on the Board ofDkectors shall
occur for any reason, a majority of the remaining directors then in office, even if that majority is
less than a majority of the entire Board of Directors, may fill the vacancy or vacancies so created
until a successor or successors shall be duly elected by the shareholders and shall qualify.
Section 3, Power to M an= gERgEgLog. 7be business of the Corporation shall
be managed by its Board of Directors which may exercise all such poumn ofthe Corporation ad
do all such lawful acts and things asarc not by swift orby the Articles cflncorperadoncrby
these Bylaws directed or required to be exercised or done by the shareholders.
Section 4. Creation of Committees. The Board of Directors may by resolution
passed by a majority of the Board create one or more committees, each committee to consist of
one or more directors of the Corporation. To the extent provided by the Board of Directors, each
committee may exercise all the powers and authority of the Board so granted and may authorize
the seal of the Corporation to be affixed to all papers which so require. However, the
committee(s) may not be empowered to amend the Articles of Incorporation or the Bylaws of the
Corpothtioa adopt an agreement ofconsolidation or mwge% recommend to the shareholders the
sale, lease, or exchange of all or substantially all of the Corporation's assets, reconunez4 to the
shareholders a dissolution or revocation of dissolution, declare a dividend, or authorize the
issuance of stock. In the absence or disqualification of a, member of a committee, the member(s)
thereof present at the meeting and qualified to vote, whether or not those present constitute a
quorum, may unanimously appoint another member of the Board to act at the meeting In the
place of the absent or disqualified member.
Section S. Place of Mectin&a. The Board of Directors of the Corporation may
hold meetings, both regular and special, either within or without the State of South Dakota,
STU4S5S4SV1 New Bylaws dated February 18, 1998, FInT4 Inc.. Page 3
Section 6. Regular Meetings Regular meetings of the Board of Directors may be
held without notice at such time and at such place as shall from time to time be determined by
the Board, but not less often than annually.
Section 7. Special Meetings. Special meetings of the Board may be called by the
president or any two directors. Written notice of the special meeting, stating the time, and in
general terms the purpose or purposes thereof shall be mailed, telecopied or personally delivered
to each director on at least two (2) day's notice.
Section L. TelephOniC Mee*ing. Members of the Board of Directors may
participate in any regular or special meeting of the Board of Directors, or of any committee of
the Board, by means of confrencc telephone or similar commw'ntcoa equipment, by mene of
which all persons participating In the meeting can how each other. Participation in a meeting
pinsuanito this Section 8 will constitute presence in person at such meeting.
Section 9. Quorum. At all meetings of the Board, a mjodty of the directors shall
constitute a quorum for the tmunsaclionofbndn, and the act of a majority of the directors
present at any meeting at which there is a quonmm shall be the act of the Board of Directors,
except as may be otherwise specifically provided by statute. If a quorum shall not be present at
any meeting of the Board of Directors; the directors present thereat may adjourn the meeting
from time to dine, without notice other thai announcement at the meeting, until a quorum shall
be present.
Section l(. Action Without Meeting. Unless otherwise restricted by the Articles
of Incorporation or these Bylaws, any action required or permitted to be taken at any meeting of
the Board of Directors or of any committee thereof may be taken without a meeting if all
members of the Board or such committee, as the case may be, consent thereto in writing and
such written consent Is filed with the minutes ofproceedings ofthe Board or comnmlttee.
- ARTICLE IV
Section 1. Notice to Shareholders. Notices to shareholders shall be In writing and
delivered, PNOi at their addresses on the books of the
Corporation. Notice by mail shall be deemed to be given at the time when the same shall be
mailed, postage prepaid. Notice given by telccopy shall be deemed to be given at the dine the
telecopy is dispatched.
Section 2. Nice toDiç,ctors. Notices to directors may be oral or written, and if
in writing must be delivered, mailed or telecepied to liz directors atth* addresses appearing on
the books of the Corporation. Notice given by mail shall be deemed to be given at the time when
the same shall be mailed. Notice given by teiccopy shall be deemed to be given at the time the
telecopy is dispatched. Notice may be given by telephone
StLD5I4SSS4SVt New Bylaws d tedruary 18, 19M ThTet, lee., Page 4
-
- Section 3. Written Waiver of Notice, Whenever any notice is required to be
given under the provisions of the statutes or of these Bylaws, a waiver thereof in writing signed
by the person or 'persons entitled to said notice, whether before or after the time stated therein,
shall be deemed equivalent thereto.
ARTICLE V
OFFICERS
Section 3. Officers Shall be Chosen by Directors. The officers of the Corporation
shall be elected by the Board of Directors and shall be a president and a secretary. The Board of
Directors may also choose a Chairman of the Board of Directors, vice presidents, a treasurer,
assistant secretaries and assistant treasurers. Any two (2) or more offices may be held by the
same person.
Section 2. Election at Directors' Oritani'tion Meeting. The Board otDirectors
shall after each annual meeting of shareholders shall elect a president and a secretary.
Section 3. Appolntmentof Other Officers. The Board of Directors may appoint
such other officers and agents as It shall deem necessary who shall bold their offices far such
terms and shall exercise such powers and perform such duties as shall be determined from time
-to tim by the Board ofDirectors.
Section 4. Conqeznation. The compensation of all officers and agents of the
Corporation shall be ibd by the Board of Directors.
Section 5. Tenure. The officers of the Corporation shall hold office until their
successors arc chosen and qualify. Any officer ciected or appointed by the Board of Directors
may be removed at any time by the affirmative vote of a maority of the members of the Board of
Directors. Any vacancy occurring in any office of the Corporation shall be filled by the Board of
Directors.
Section 6. Chairman of the Board. The Chairman of the Board shall be the chief
executive officer of the COrporation and shall preside at all meetings of the stockholders. The
Cbaiunart of the Boerdahall see that all orders and resolutions of the Board of Directors are
carried into effect and shall have such authority and perform such duties as am normally
exercised and performed by the chief executive officer of a corporation. The Omirinan cit tire
Board shall sign orcountersiga or authorize others to sign certificates, contracts and other
instruments of the Corporation. The Chairman of the Board shall have the aUthority assigned
herein to a treasurer unless the Board of Directors elects a treasurer. In the absence of direction
by the Board of Directors to the contrary, the Chairman of the Board shall have the power to vote
all securities held by the Corporation and to issue proxies therefor.
S:n.001453$45VI New Byletie dated Fcbruaty 18,1998, P1rsTcl Inc., Pages
Section 7. President. The president shall have general and active management of
the business of the Corporation. The president shall also perform such duties as are dckgated to
hint by the Chairman of the Board and the Board of Directors.
Section S. Vice President A vice president shall have such powers and perform
such duties as may be assigned by tbc Board of Directors, the Chairman of the Board, or the
president In the absence otdisability of the president, the vice president designated by the
Board of Directors or the president shall perform the duties and exercise the powers of the
Section 9. The Secretary. The secretary shall be under the supervision of the
Board of Directors. The sccrçtary shall attend all meetings of the Board of Directors and all
meetings of the shareholders and record all the proceedings ofthe meetings of the shaxcboldexs
and of the Board of Directors in a bock to be kept ft that pur*rscnd shall perform like duties
for the standing committees when required. ilic secretary shall give, or cause to be given, notice
of all meetings of the shareholders and special meetings of the Board of Directors, and shall
perform such other duties as may be prescribed by the Board of Directors or Omirnn of the
Board. The secretary shall have custody of the corporate seal of the Corporation and the
secretary, or an assistant secretary, shall have authority to affix the same to airy instrument
requiring it, and when so affixed it may be attested by the signature of the secretary or of such
assistant secretary. The Board of Directors may give general authority to any other officer or
committee to affix the seal of the Corporation and to attest the affixing by his siguitwc
Section 10. Assistant Secretaries. An assistant secretary shall, in the absence or
( disability of the secretary, perfann the duties and exercise the powers of the secretary and shall
perform such other duties and have such other powers as the Board of Directors may from time
to time prescribe.
Section II. The Tresawer. The treasurer shall have the custody of the corporate
funds and securities and shall keep full and accurate accounts ofreceipts and disbursements in
books belonging to the Corporation and shall deposit all moneys and other valuable effects in the
name and to the credit of the Corporation in such depositories as may be designated by the Board
of Directoms. The treasurer shall disburse the f1inds of the Corporation as may be ordered by the
Board of Directors, taking preper vouchers for such disbursements, and shall rendorto the
president and the Board of Directors, at its regular meetings, or when the Board of Directors so
requires, an account of all transactions as treasurer and of the financial condition of the
Corporation. If required by the Board of Directors, the treasurer shall give the Corporation a
bond, in such sum and with suck surety or sureties as shall besarisfactorytothe Board of
Directors for the faithfid performance of the duties of the office and for the restoration to the
Corporation, in case of the death, resignation, retirement or removal front office of the treasurer,
of all books, papers, vouchers, money awl other property of whatever kind in the possession of
or wider the control of the treasurer belonging to the Corporation.
Section 12. Assistant Treasuret An assistant treasurer , shall, in the absence or
disability of the treasurer, perform the duties and exercise the powers ofthe treasurer and shall
perform such other duties and have such other powers as the Board of Directors may from time
srLorI-03345vI New Bylaws dated Peizimary IS, 199k Firsiel, Ins., PageS
to time prescribe. If required by the Board of Directors, the assistant freasurer shall give the
Corporation a bond, in such sum and with such surety or sureties as shall be satisfhctozy to the
Board of Directors for the feithful performance of the duties of the of and for the restoration
to the Corporation, in case of the death, resignation, retirement or removal from office of the
assistant treasurer, of all books, papers, vouchers, money and other property of ehatever kind in
the possession of or under the control of the assistant treasurer belonging to the Corporation.
Section 13. Delegation of Power. In case of absence of any officer of the
Corporation or for any other reason that the Board of Directors may deem sufficient, the Board
may delegate the powers or duties of such officer to any other officer, director, or committee for
the time being, provided a majority of the entire Board concurs therein.
ARTICLE VI
CAPITAL STOCK
Section 1. Certificate of Stock. Every holder of stock in the Corporation shall be
entitled to have a cwdficatei signed by, or in the name of the Corporation by, the president or a
vice president and the secretary or an assistant secretary àfthe Corporation ccrtiiylng the number
of shares owned by him in the Corporation. Any or all of the foregoing signatures may be
facsimile.
Section 2. Fixing Record Date. The Board of Diicctor may fix in advance a date
• s not exceeding fifty (50) days preceding the data of any meeting Of shareholders, or the date for
the payment of any dividend, or the date for the allotment of rights, or the date when any change
or conversion or exchange of capital stock shall go into effect, or a date in connection with
obtaining the consent of shareholders for any purpose, as a record date for the determination, of
the shareholders entitled to notice of: and to vote at any such meeting, and any adjournment
or entitled to receive payment of any such dividend, or to any such allotment of rights, or
to exercise the rights in respect of any such change1 conversion or exchange of capital stock, or
to give such consent, and in such case such shareholders and oily such shareholders as shall be
shareholders of record on the date so fixed shall he entitled to such notice of: and to vote at, such
meeting and any adjournment thereof, or to receive payment of such dividends, or to receive
such allotment of rights, or to exercise such rights, or to give such consent, as the can may be,
notwithatandingany transfer of any stock on the books of the Corporation after any such record
date fixed as aforesaid.
Section 3. Registered Shareholders. The Corporation shall be entitled to
recognize the exclusive right of a person registered on its books as the owner ofshares to receive
dividends, and to vote as such owner, and to bold liable for calls and assessments a person
registered on its books as the owner of shares, and shall not be bound to recognize any equitable
or other claimtoorintewstm sucb share or shams on the put of any other person, whether or
not it shall have express or other notice théreof, except as otherwise provided by the laws of
_ South Dakota
5Th001435$45V1 Now Bylaws datcd Fcbrnasy It, 199s, FksTel, inc., Page?
Section 4. Issuance of New Stock. The Corporation shall not have authority to
issue additional stock or bonds, notes or debentures convertible into stock, or warrants or rights
to subscribe to stock except in the quantity and amount approved and to the person or persons to
whom issuance is approved by the affinnadve vote of a majority of the members of the Board of
Directors of the Corporation, or by the affirmative vote of the holders of a majority of the
common stock outstanding.
V *
GENERAL PROVIS]ONS
Section 1. Dividends Dividends upon the capital stock of the Corporation, may
be declared by thiBoard of Directors at any regular or special meeting, pursuant to law.
Dividends may be paid in cash, in property, or in shares of the capital stock.
Section 2. Seal. Any seal of the Corporation may be used by causing it or a
facsimile thereof to be impressed or affixed or otherwise reproduced.
ARTICLE vm
AMENDMffS -
Section I. Anicndmearts. These Bylaws may bemade,aitczed, amended or
repealed, at any regular or speciai meeting of the Board ofDirectors, unless reserved to the
shareholders by the Articles of Incorporation.
... S. *S****$**$*•
S'ltDOl451545VZ New Bykws dated Pcbraay 11. 195, P1,14 Inc., Page 8
min
OFFICE OF THE SECRETARY OF STATE
Certificate of Amendment
I, JOYCE HAZELTINE, Secretary of State of the State of South Dakota,
hereby eertii' that duplicate of the Articles of Amendment to the Articles of
Incorporation of FLRSTEL, INC. changing its name to LONEX
COMMUNICATIONS NORTH, INC. duly signed and verified pursuant
to the provisions of the South Dakota Corporation Acts, have been received in this
office and are found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I hereby
issue this Certificate of Amendment to the Articles of Incorporation and attach
hereto a duplicate of the Articles of Amendment.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and
affixed the Great Seal of the State of
South Dakota, at Pierre, the Capital,
this March 30, 2000.
Joyce Hazeltine
Secretary of State
I
BY-LAWS OF
FIRSTEL, INC.
ARTICLE I - NAME AND LOCATION
Section 1. The name of this corporation shall be FIRSTEL,
INC.
Section 2. The principal office of the corporation shall be
located at Sioux Falls, South Dakota. The corporation may have
such other offices, either within or without the State of South
Dakota, as the Board of Directors may designate or as the busi-
ness of the corporation may require from time to time.
Section 3. The registered office of the corporation required
by the South Dakota Business Corporation Act to be maintained in
the State of South Dakota may be, but need not be, identical with
the principal office in the State of South Dakota, and the
address of the registered office may be changed from time to time
by the Board of Directors.
ARTICLE II - SHAREHOLDERS
Section 1. ANNUAL MEETING. The annual meeting of the share-
holders shall be held on the 1st Wednesday in the month of
March in each year, beginning with the year 1994 at the hour
of 1:00 o'clock P.M. for the purpose of electing directors and
for the transaction of such other business as may come before the
meeting. If the day fixed for the annual meeting shall be a
legal holiday in the State of South Dakota, such meeting shall be
held on the next succeeding business day. If the election of
directors shall not be held on the day designated herein for any
annual meeting of the shareholders, or at any adjournment thereof,
the Board of Directors shall cause the election to be held in a
special meeting of the shareholders as soon thereafter as con-
veniently may be.
Section 2. SPECIAL MEETINGS. Special meetings of the share-
holders for any purpose or purposes, unless otherwise prescribed
by statute, may be called by the President or by the Board of
Directors, and shall be called by the President at the request of
the holders of not less than twenty per cent of the outstanding
shares of the corporation entitled to vote at the meeting
Section 3. PLACE OF MEETING. The Board of Directors may
designate any place, either within or without the State of South
Dakota, as the place of meeting for any Annual Meeting or any
Special Meeting called by the Board of Directors. A waiver of
notice signed by all shareholders entitled to vote at a meeting
may designate any place, either within or without the State of
South Dakota, as the place for the holding of such meeting. If
no designation is made, or if a special meeting be otherwise
called, the place of meeting shall be the registered office of
the corporation in the State of South Dakota.
Section 4. NOTICE op MEETING. Written or printed notice
stating the place, day and hour of the meeting and, in case of a
special meeting, the purpose or purposes for which the meeting is
called, shall be delivered not less than ten nor more than fifty
days before the date of the meeting, either personally or by
mail, by or at the direction of the President, or the Secretary,
or the officer or persons calling the meeting, to each share-
holder of record entitled to vote at such meeting. If mailed,
( such notice shall be deemed to be delivered when deposited in the
United States mail, addressed to the shareholder at his address
as it appears on the stock transfer books of the corporation,
with postage thereon prepaid.
Section 5. CLOSING OF TRANSFER BOOKS OR FIXING OF RECORD
DATE. For the purpose of determining shareholders entitled to
notice of or to vote at any meeting of shareholders or any
adjournment thereof, or shareholders entitled to receive payment
of any dividend, or in order to make a determination of share-
holders for any other proper purpose, the Board of Directors of
the corporation may provide that the stock transfer.books shall
be closed for a stated period not to exceed, in any case, fifty
days. If the stock transfer books shall be closed for the pur-
pose of determining shareholders entitled to notice of or to vote
at a meeting of shareholders, such books shall be closed for at
least ten days immediately preceding such meeting. In lieu of
closing the stock transfer books, the Board of Directors may fix.
in advance a date as the record date for any such determination
of shareholders, such date in any case to be not more than fifty
days, and, in case of a meeting of shareholders, not less than
ten days prior to the date on which the particular action,
requiring such determination of shareholders, is to be taken. If
the stock transfer books are not closed and no record date is
fixed for the determination of shareholders entitled to notice of
or to vote at a meeting of shareholders, or shareholders entitled
to receive payment of a dividend, the date on which notice of the
meeting is mailed or the date on which the resolution of the
Board of Directors declaring such dividend is adopted, as the
case may be, shall be the record date for such determination of
shareholders. When a determination of shareholders entitled to
vote at any meeting of shareholders has been made as provided in
this section, such determination shall apply to any adjournment
thereof.
Section 6. VOTING LISPS. The officer or agent having charge
of the stock transfer books for shares of the corporation shall
make, at least ten days before each meeting of shareholders, a
complete list of the shareholders entitled to vote at such
meeting, or any adjournment thereof, arranged in alphabetical
order, with the address of and the number of shares held by each,
which list, for a period of ten days prior to such meeting, shall
be kept on file at the registered office of the corporation and
shall be subject to inspection by any shareholder at any time
during usual business hours. Such list shall also be produced
and kept open at the time and place of the meeting and shall be
subject to the inspection of any shareholder during the whole
time of the meeting. The original stock transfer book shall be
prima facie evidence as to who are the shareholders entitled to
examine such list or transfer books or to vote at any meeting of
shareholders.
Section 7. QUORUM. A majority of the outstanding shares of
the corporation entitled to vote, represented in person or by
proxy, shall constitute a quorum at a meeting of shareholders.
If less than a majority of the outstanding shares are represented
at a meeting, a majority of the shares so represented may adjourn
the meeting from time to time without further notice. At such
adjourned meeting at which a quorum shall be present or repre-
sented, any business may be transacted which might have been
transacted at the meeting as originally notified. The share-
holders present at a duly organized meeting may continue to trans-
act business until adjournment, notwithstanding the withdrawal of
enough shareholders to leave less than a quorum.
Section 8. PROXIES. At all meetings of shareholders, a
shareholder may vote by proxy executed in writing by the share-
holder or by his duly authorized attorney in fact. Such proxy
shall be filed with:the Secretary of the corporation before or at
the time of the meeting. No proxy shall be valid after eleven
months from the date of its execution, unless otherwise provided
in the proxy.
Section 9. VOTING OF SHARES. Subject to the provisions of
Section 11 of this Article II, each outstanding share entitled to
vote shall be entitled to one vote upon each matter submitted to
a vote at a meeting of shareholders.
Section 10. VOTING OF SHARES BY CERTAIN HOLDERS. Shares
standing in the name of another corporation may be voted by such
officer, agent or proxy as the by-laws of such corporation may
prescribe, or, in the absence of such provision, as the Board of
Directors of such corporation may determine.
Shares held by an administrator, executor, guardian or con-
servator may be voted by him, either in person or by proxy,
without a transfer of the shares into his name. Shares standing
in the name of a trustee may be voted by him, either in person or
by proxy, but no trustee shall be entitled to vote shares held by
him without a transfer of such shares into his name.
Shares standing in the name of a receiver may be voted by
such receiver, and shares held by or under the control of a
receiver may be voted by such receiver without the transfer
thereof into his name if authority so to do be contained in an
appropriate order of the court by which such receiver was
appointed.
A shareholder whose shares are pledged shall be entitled to
vote such shares until the shares have been transferred into the
name of the pledgee, and thereafter the pledgee shall be entitled
to vote the shares so transferred.
Shares of its own stock belonging to the corporation or held
by it in a fiduciary capacity shall not be voted, directly or
indirectly, at any meeting, and shall not be counted in deter-
mining the total number of outstanding shares at any given time.
Section 11. CUMULATIVE VOTING. At each election of
Directors every shareholder entitled to vote at such election
shall have the right to vote, in person or by proxy, the number
of shares owned by him for as many persons as there are Directors
to be elected and for whose election he has a right to vote, or
to cumulate his votes by giving one candidate as many votes as
the number of such directors multiplied by the number of his
shares shall equal, or by distributing such votes on the same
principle among any number of candidates.
Section 12. INFORMAL ACTION BY SHAREHOLDERS. An action
required to be taken at a meeting of the shareholders, or any other
action which may be taken at a meeting of the shareholders, may be
taken without a meeting if a consent in writing, setting forth the
the action so taken, shall be signed by all of the shareholders
entitled to vote with respect to the subject matter thereof.
ARTICLE III - BOARD OF DIRECTORS
Section 1. GENERAL POWERS. The business and affairs of the
corporation shall be managed by its Board of Directors.
Section 2. NUMBER, TENURE AND QUALIFICATIONS. The number of
directors of the corporation shall be at least one and no more
than five; each director shall hold office until the next annual
meeting of shareholders and until his successor shall have been
elected and qualified. The number of directors elected to the
Board of Directors of the corporation shall not be increased or
decreased except upon the vote of no less than two-thirds of the
directors. Directors need not be residents of the State of South
Dakota or shareholders of the corporation.
Section 3. REGULAR MEETINGS. A regular meeting of the Board
of Directors shall be held without other notice than this by-law
immediately after, and at the same place as, the annual meeting
of shareholders. The Board of Directors may provide, by resolu-
tion, the time and place, either within or without the State of
South Dakota, for the holding of additional regular meetings
without other notice than such resolution.
Section 4. SPECIAL MEETINGS. Special meetings of the Board
of Directors may be called by or at the request of the President
or any two directors. The person or persons authorized to call
special meetings of the Board of Directors may fix any place,
either within or without the State of South Dakota, as the place
for holding any special meeting of the Board of Directors called
by them.
Section 5. NOTICE. Notice of any special meeting shall be
given at lease two days previously thereto by written notice
delivered personally or mailed to each director at his business
address, or by telegram. If mailed, such notice shall be deemed
to be delivered when deposited in the United States mail so
addressed, with postage thereon prepaid. If notice be given by
telegram, such notice shall be deemed to be delivered when the
telegram is delivered to the telegraph company. Any director may
waive notice of any meeting. The attendance of a director at a
meeting Shall constitute a waiver of notice of such meeting,
except where a director attends a meeting for the express purpose
of objecting to the transaction of any business because the
meeting is now lawfully called or convened. Neither the business
to be transacted at, nor the purpose of, any regular or special
meeting of the Board of Directors need be specified in the notice
or waiver of notice of such meeting.
Section 6. QUORUM. A majority of the number of directors
fixed by Section 2 of this Article III shall constitute a quorum
for the transaction of business at any meeting of the Board of
Directors, but if less than such majority is present at a meeting,
a majority of the directors present may adjourn the meeting from
time to time without further notice.
Section 7. MANNER OF ACTING. The act of the majority of the
directors present at a meeting at which a quorum is present shall
be the act of the Board of Directors.
Section 8. VACANCIES. Any vacancy occurring in the Board of
Directors may be filled by the affirmative vote of a majority of
the remaining directors though less than a quorum of the Board of
Directors. A director elected to fill a vacancy shall be elected
for the unexpired term of his predecessor in office. Any direc-
torship to be filled by reason of an increase in the number of
directors shall be filled by election at an annual meeting or at
a special meeting of shareholders called for that purpose.
Section 9. COMPENSATION. By resolution of the Board of
Directors, the directors may be paid their expenses, if any, of
attendance at each meeting of the Board of Directors, and may be
paid a fixed sum for attendance at each meeting of the Board of
Directors or a stated salary as Director. No such payment shall
preclude any director from serving the corporation in any other
capacity and receiving compensation therefor.
Section 10. PRESUMPTION OF ASSENT. A director of the cor-
poration who is present at a meeting of the Board of Directors at
which action on any corporate matter is taken shall be presumed
to have assented to the action taken unless his dissent shall be
entered in the minutes of the meeting or unless he shall file his
written dissent to such action with the person acting as the
secretary of the meeting before the adjournment thereof or shall
forward such dissent by registered mail to the secretary of the
corporation immediately after the adjournment of the meeting.
Such right to dissent shall not apply to a director who voted in
favor of such action.
Section 11. EXECUTIVE COMMITTEE. The directors may, by
resolution, appoint members of the Board of Directors as an exe-
cutive committee to manage the business of the corporation during
the interim between meetings of the Board.
Section 12. ACTION BY DIRECTORS WITHOUT A MEETING. Any
action required to be taken at a meeting of the directors of this
corporation or any action which may be taken at a meeting of
directors may be taken without a meeting if a consent in writing
setting forth the action so to be taken, shall be signed before
such action by all of the directors. Such consent shall have the
same effect as a unanimous vote.
ARTICLE IV - OFFICERS
Section 1. NUMBER. The officers of the corporation shall be
a President, one or more Vice Presidents, the number thereof to
be determined by the Board of Directors, a Secretary and a
Treasurer, each of whom shall be elected by the Board of
Directors. Such other officers and assistant officers as may be
deemed necessary may be elected or appointed by the Board of
Directors.
Such officers need not be members of the Board of Directors
or shareholders in the corporation. Any two or more offices may
be held by the same person.
Section 2. ELECTION AND TERM OF OFFICE. The officers of the
corporation to be elected by the Board of Directors shall be
elected annually by the Board of Directors at the first meeting
of the Board of Directors held after each annual meeting of the
shareholders. If the election of officers shall not be held at
such meeting, such election shall be held as soon thereafter as
(

conveniently may be. Each officer shall hold office until his
successor shall have been duly elected and shall have qualified or
until his death or until he shall resign or shall have been
removed in the manner hereinafter provided.
Section 3. REMOVAL. Any officer or agent elected or
appointed by the Board of Directors may be removed by the Board
of Directors whenever, in its judgment, the best interests of the
corporation would be served thereby, but such removal shall be
without prejudice to the contract rights, if any, of the person
so removed.
Section 4. VACANCIES. A vacancy in any office because of
death, resignation, removal, disqualification or otherwise, may
be filled by the Board of Directors for the unexpired portion of
the term.
Section 5. PRESIDENT. The President shall be the principal
executive officer of the corporation and, subject to the control
of the Board of Directors, shall in general supervise and control
all of the business and affairs of the corporation. He shall,
when present, preside at all meetings of the shareholders and of
the Board of Directors. Be may sign, with the Secretary or any
other proper officer of the corporation thereunto authorized by
the Board of Directors, certificates for shares of the corpora-
tion, any deeds, mortgages, bonds, contracts, or other instruments
which the Board of Directors has authorized to be executed,
except in cases where the signing and execution thereof shall be
expressly delegated by the Board of Directors or by these by-laws
to some other officer or agent of the corporation, or shall be
required by law to be otherwise signed or executed; and in
general shall perform all duties incident to the office of
President and such other duties as may be prescribed by the Board
of Directors from time to time.
Section 6. THE VICE PRESIDENTS. In the absence of the
President or in the event of his death, inability or refusal to
act, the Vice President, or in the event there be more than one
vice president, the Vice Presidents in the order designated at
the time of their election, or in the absence of any designation,
then in the order of their election, shall perform the duties of
the President, and when so acting, shall have all the powers of
and be subject to all the restrictions upon the President. Any
Vice President may sign, with the Secretary or an Assistant
Secretary, certificates for shares of the corporation; and shall
perform such other duties as from time to time may be assigned to
him by the President or by the Board of Directors.
Section 7. THE SECRETARY. The secretary shall: (a) Keep
the minutes of the shareholders and of the Board of Directors
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with the provisions
of these by-laws or as required by law; (c) be custodian of the
corporate records and of the seal of the corporation and see that
I

the seal of the corporation is affixed to all documents, the exe-
cution of which on behalf of the corporation under its seal is
duly authorized; (d) keep a register of the post office address
of each shareholder which shall be furnished to the secretary by
- such shareholder; (e) sign with the President, or a Vice Presi-
dent, certificates for shares of the corporation, the issuance of
which shall have been authorized by resolution of the Board of
Directors; (f) have general charge of the stock transfer books of
the corporation; and (g) in general, perform all duties incident
to the office of Secretary and such other duties as from time to
time may be assigned to him by the President or by the Board of
Directors.
Section S. THE TREASURER. If required by the Board of
Directors, the Treasurer shall give a bond for the faithful
discharge of his duties in such sum and with such surety or sure-
ties as the Board of Directors shall determine. He shall: (a)
have charge and custody of and be responsible for all funds and
securities of the corporation; receive and give receipts for
money due and payable to the corporation from any source what-
soever, and deposit all such moneys in the name of the cor-
poration in such banks, trust companies, or other depositaries as
shall be selected in accordance with the provisions of Article V
of these by-laws; and (b) in general, perform all of the-duties
incident to the office of Treasurer and such other duties as from
time to time may be assigned to him by the President orby.the
Board of Directors.
Section 9. ASSISTANT SECRETARIES AND ASSISTANT TREASURERS.
The assistant secretaries, when authorized by the Board of
Directors, may sign with the President or a Vice President cer-
tificates for shares of the corporation, the issuance of which
shall have been authorized by a resolution of the Board of
Directors. The assistant treasurers shall respectively, if
required by the Board of Directors, give bonds for the faithful
discharge of their duties in such sums and with such sureties as
the Board of Directors shall determine. The assistant secre-
taries and assistant treasurers, in general, shall perform such
duties as shall be assigned by them by the Secretary or the
Treasurer, respectively, or by the President or the Board of
Directors.
Section 10. SALARIES. The salaries of the officers shall be
fixed from time to time by the Board of Directors and no. officer
shall be prevented from receiving such salary by reason of the
fact that he is also a Director of the corporation.
ARTICLE V - CONTRACTS, LOANS, CHECKS AND DEPOSITS
Section 1. CONTRACTS. The Board of Directors may authorize
any officer or officers, agent or agents, to enter into any
contract or execute and deliver any instrument in the name of and
on behalf of the corporation, and such authority may be general
or confined to specific instances.
Section 2. LOANS. No loans shall be contracted on behalf of
the corporation and no evidences of indebtedness shall be issued
in its name unless authorized by a resolution of the Board of
Directors. Such authority may be general or confined to specific
instances.
Section 3. CHECKS, DRAFTS, ETC. All checks, drafts or other
orders for the payment of money, notes or other evidences of
indebtedness issued in the name of the corporation, shall be
signed by such officer or officers, agent or agents, of the cor-
poration and in such manner as shall from time to time be deter -
mined by resolution of the Board of Directors.
Section 4. DEPOSITS. All funds of the corporation not
otherwise employed shall be deposited from time to time to the
credit of the corporation in such banks, trust companies or other
depositaries as the Board of Directors may select.
ARTICLE VI - CERTIFICATES FOR SHARES AND THEIR TRANSFER
Section 1. CERTIFICATES FOR SHARES. Certificates repre-
senting shares of the corporation shall be in such form as shall
be determined by the Board of Directors. Such certificates shall
be signed by the President or a Vice President and by the
Secretary or an Assistant Secretary. All certificates for shares
shall be consecutively numbered or otherwise identified. The
name and address of the person to whom the shares represented
thereby are issued, with the number of shares and date of issue,
shall be entered on the stock transfer books of the corporation.
All certificates surrendered to the corporation for transfer
shall be cancelled and no new certificate shall be issued until
the former certificate for a like number of shares shall have
been surrendered and cancelled, except that in case of a lost,
destroyed or mutilated certificate, a new one may be issued
therefor upon such terms and indemnity to the corporation as the
Board of Directors may prescribe.
Section 2. TRANSFER OF SHARES. Transfer of shares of the
corporation shall be made only on the stock transfer books of the
corporation by the holder of record thereof or by his legal
representative, who shall furnish proper evidence of authority to
transfer, or by his attorney thereunto authorized by Power of
Attorney duly executed and filed with the Secretary of the cor-
poration and on surrender for cancellation of the certificate for
such shares. The person in whose name shares stand on the books
of the corporation shall be deemed by the corporation to be the
owner thereof for all purposes.
Section 3. All stock issued by this corporation shall be
fully paid and nonassessable.
Section 4. DESIGNATION OF SHARES. Every certificate repre-
senting shares of the corporation shall designate on the face of
such certificate the type of stock whether common or preferred,
and if preferred, shall set forth thereon the variations in the
relative rights and preferences thereof as determined by the
Board of Directors.
Section 5. All shares of stock of the corporation shall be
subject to the terms and conditions of any stockholders agreement
entered into by the stockholders of the corporation and approved
by the Board of Directors of this corporation and such condition
shall be noted on the face of all shares of stock.
ARTICLE VII - FISCAL YEAR
The fiscal year of the corporation shall begin on the first
day of January and end on the last day of December
in each year.
ARTICLE VIII - DIVIDENDS
The Board of Directors may from time to time declare, and the
corporation may pay, dividends on its outstanding shares in the
manner and upon the terms and conditions provided by law, but no
dividends will be paid out that will impair the capital of the
( corporation, or will curtail the effective operation of the
business.
ARTICLE IX - SEAL
The Board of Directors shall provide a corporate seal which
shall be circular in form and shall have inscribed thereon the
name of the corporation and the words "Corporate Seal, South
Dakota."
ARTICLE X - WAIVER OF NOTICE
Whenever any notice is required to be given to any share-
holder or director of the corporation under the provisions of
these by-laws or under the provisions of the South Dakota
Business Corporation Act, a waiver thereof in writing signed by
the person or persons entitled to such notice, whether before or
after the time stated therein, shall be deemed equivalent to the
giving of such notice.
ARTICLE XI - AMENDMENTS
These By-laws may be altered, amended or repealed and new By-
laws may be adopted by the Board of Directors at any regular or
special meeting of the Board of Directors.
WRITTEN ASSENT OF DIRECTORS TO BY-LAWS
I, the undersigned, being the director of FIRSTEL, INC., a
corporation organized under the laws of the State of South
Dakota, do hereby in writing assent to the above, foregoing and
annexed By-laws as the duly adopted By-laws of the said FIRSTEL,
INC. The purpose and effect hereof is that by this assent the
annexed By-laws become and are the By-laws of the said FIISTEt.,
INC.-,without any other or further action whatsoever.
Dated this 10th day of September , 199
PUBLIC VERSION
Exhibit C
Names and addresses of Officers and Directors
Directors & Officers
Dr. R. Kirby Godsey, Chairman of the Board
Vincent Oddo, President & CEO
Chris Aversano, Chief Operating Officer and Executive Vice President
Edward James, Chief Financial Officer and Senior Vice President
Christopher Ramsey, Senior Vice President - Chief Sales & Marketing Officer
Chris Bunce, Senior Vice President, Legal, and General Counsel
Tom Stachowiak, Vice President, Information Technology
The address for all Directors and Officers is:
3060 Peachtree Road, NW, Suite 1065
Atlanta, GA 30305
8672744v1
PUBLIC VERSION
Exhibit D
Financial Statements - TRADE SECRET
8672744v1
PUBLIC VERSION
This page allegedly contains trade secrets or confidential material and is separately filed
8672744v1
PUBLIC VERSION
Exhibit E
Proposed Tariff
8672744v1
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Original Title Page
LOCAL AND INTEREXCHANGE SERVICES TARIFF
O_YUIU
LOCAL AND INTEREXCUANGE TELECOMMUNICATIONS SERVICES TARIFF
LIM
IONEX COMMUNICATIONS NORTH, INC DBA BIRCH COMMUNICATIONS
This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange
telecommunications services provided by Birch Communications with principal offices at 2300 Main St. Suite
340, Kansas City, MO 64108 for services furnished within the State of Idaho. This tariff is on file with the
Idaho Public Utilities Commission, and copies may be inspected, during normal business hours at the
Company's principal place of business.
Wherever in this Tariff or its headings, the term "Company" or the name lonex Communications North,
Inc, "Birch Communications" or "Birch" appears, that shall mean and shall refer to lonex Communications
North, Inc. dba Birch Communications.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
TABLE OF CONTENTS
Page
PREFACE
Tableof Contents ................................................................................... ... 1
CheckSheet...........................................................................................2
Explanationof Symbols.........................................................................4
Application of Tariff..............................................................................5
SECTION 1 - DEFINITIONS
SECTION 2- RULES AND REGULATIONS
SECTION 3- SERVICE AREAS
SECTION 4- SERVICE CHARGES AND SURCHARGES
SECTION 5- LOCAL EXCHANGE SERVICE
SECTION 6- SUPPLEMENTAL SERVICES
SECTION 7— LONG DISTANCE SERVICES AND RATES
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET
The Title Page and pages listed below are inclusive and effective as of the date shown. Original and revised
pages as named below contain all changes from the original rate sheet that are in effect on the date shown on
each page.
SECTION PAGE REVISION SECTION PAGE REVISION
Title Original 2 19 Original
Preface 1 Original 2 20 Original
Preface 2 Original 2 21 Original
Preface 3 Original 2 22 Original
Preface 4 Original 2 23 Original
Preface 5 Original 2 24 Original
1 1 Original 2 25 Original
1 2 Original 2 26 Original
1 3 Original 2 27 Original
1 4 Original 2 28 Original
1 5 Original 2 29 Original
2 1 Original 2 30 Original
2 2 Original 2 31 Original
2 3 Original 2 32 Original
2 4 Original 2 33 Original
2 5 Original 2 34 Original
2 6 Original 2 35 Original
2 7 Original 2 36 Original
2 8 Original 2 37 Original
2 9 Original 3 1 Original
2 10 Original 4 1 Original
2 11 Original 4 2 Original
2 12 Original 4 3 Original
2 13 Original 4 4 Original
2 14 Original 4 5 Original
2 15 Original 4 6 Original
2 16 Original
2 17 Original
2 18 Original
* - indicates those pages included with this filing
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET, CONT'D.
SECTION PAGE REVISION
5 1 Original
5 2 Original
5 3 Original
5 4 Original
5 5 Original
5 6 Original
5 7 Original
5 8 Original
5 9 Original
5 10 Original
5 11 Original
6 1 Original
6 2 Original
6 3 Original
6 4 Original
6 5 Original
6 6 Original
6 7 Original
6 8 Original
6 9 Original
6 10 Original
7 1 Original
7 2 Original
SECTION PAGE REVISION
* - indicates those pages included with this filing
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
EXPLANATION OF SYMBOLS
When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariff sheet affected.
Changes will be identified on the revised sheet(s) through the use of the following symbols:
(C)To signify changed rate, regulation or condition.
(D)To signify discontinued rate, regulation or condition.
(I) To signify increase.
(N) To signify new material, including a listing, rate, regulation, rule or condition.
(R) To signify reduction.
(T) To signify a change in the word of text, but no change in the rate, rule or condition.
(M) Moved from another tariff location.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Preface
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate
end-user local exchange communications services by Birch Communications, hereinafter referred to as the
Company, to Customers within the state of Idaho. Birch's services are furnished subject to the availability of
facilities and subject to the terms and conditions set forth herein.
This tariff is on file with the Idaho Public Utilities Commission. In addition, this tariff is available for review at
the main office of Birch Communications at 2300 Main St. Suite 340, Kansas City, MO 64108.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS
For the purpose of this tariff, the following definitions will apply:
Access Line - An arrangement from a local exchange telephone company or other common carrier, using either
dedicated or switched access, which connects a Customer's location to Carrier's location or switching center.
Advance Payment - Part or all of a payment required before the start of service.
Authorization (Access) Code - A numerical code, one or more of which may be assigned to a Customer, to
enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All authorization
codes shall be the sole property of Carrier and no Customer shall have any property or other right or interest in
the use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in
connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service
of the Customer.
Automatic Numbering Identification (AN!) - A type of signaling provided by a local exchange telephone
company which automatically identifies the local exchange line from which a call originates.
Commission - The Idaho Public Utilities Commission.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 2
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Common Carrier - An authorized company or entity providing telecommunications services to the public
Company - Birch Communications, the issuer of this tariff.
Customer - The person, firm or corporation that orders service and is responsible for the payment of charges
and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to the Company's
services.
Customer Terminal Equipment - Terminal equipment provided by the Customer.
End Office - The LEC switching system office or serving wire center where Customer station loops are
terminated for purposes of interconnection to each other and/or to trunks.
End-User Premises - A location designated by the Customer for the purposes of connecting to the Company's
services.
Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls
dialed by the Customer are automatically routed to the Company's network. Presubscribed Customers may also
route interexchange calls to the Company's network by dialing an access code supplied by the Company.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Exchange Telephone Company or Telephone Company - Denotes any individual, partnership, association,
joint-stock company, trust, or corporation authorized by the appropriate regulatory bodies to engage in
providing public switched communication service throughout an exchange area, and between exchange areas
within the LATA.
ICB - Individual Case Basis.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfunctions or human errors. Interruption
shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or
other network and/or switching capability shortages. Nor shall Interruption include the failure of any service or
facilities provided by a common carrier or other entity other than the Carrier. Any Interruption allowance
provided within this Tariff by Carrier shall not apply where service is interrupted by the negligence or willful
act of the Customer, or where the Carrier, pursuant to the terms of this Tariff, terminates service because of
non-payment of bills, unlawful or improper use of the Carrier's facilities or service, or any other reason covered
by this Tariff or by applicable law.
LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment
entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any
other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C.
No. 4, or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also
served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment,
which continue for the agreed upon duration of the service.
MOU - Minutes of Use.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used
in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided local
exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local
telephone lines are presubscribed by the Company to the Company's outbound service such that "1 + 1 0-digit
number" calls are automatically routed to the Company's or an IXC's network. Calls to stations within the
Customer's LATA may be placed by dialing "1 OXXX" or "101 XXXX" with 1 + 10-digit number."
Station - The network control signaling unit and any other equipment provided at the Customer's premises
which enables the Customer to establish communications connections and to effect communications through
such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders telecommunications service
from Birch. Service may be ordered by, or on behalf of, those who own, lease or otherwise manage the pay
telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the
Company.
NECA - National Exchange Carriers Association.
Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and
establish service. -
PIN - Personal Identification Number. See Authorization Code.
Point of Presence ("POP") - Point of Presence
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 1
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 1.0 - DEFINITIONS, CONT'D.
Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the
agreed upon duration of the service.
Service - Any means of service offered herein or any combination thereof.
Service Order - The written or verbal request for Company services by the Customer and the Company in the
format devised by the Company. A Service Order initiates the respective obligations of the parties as set forth
therein and pursuant to this tariff.
Switched Access Origination/Termination - Where access between the Customer and the interexchange
carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a
LED-provided business or residential access line. The cost of switched Feature Group access is billed to the
interexchange carrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or receiving
equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service
provided under this tariff.
Birch - Birch Communications, issuer of this tariff.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
The Company undertakes to furnish communications service pursuant to the terms of this
tariff in connection with one-way and/or two-way information transmission originating from
points within the State of Idaho, and terminating within a local calling area as defined herein.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity that
purchases access to the Company network in order to originate or terminate its own services,
or to communicate with its own Customers.
2.1.2 Shortage of Equipment or Facilities
A.The Company reserves the right to limit or to allocate the use of existing facilities, or
of additional facilities offered by the Company, when necessary because of lack of
facilities, or due to some other cause beyond the Company's control.
B.The furnishing of service under this tariff is subject to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company's
facilities as well as facilities the Company may obtain from other carriers to furnish
service from time to time as required at the sole discretion of the Company.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.3 Terms and Conditions
A.Service is provided on the basis of a minimum period of at least thirty (30) days, 24-
hours per day. For the purpose of computing charges in this tariff, a month is
considered to have thirty (30) days.
B.Customers may be required to enter into written service orders which shall contain or
reference a specific description of the service ordered, the rates to be charged, the
duration of the services, and the terms and conditions in this tariff. Customers will
also be required to execute any other documents as may be reasonably requested by
the Company.
C.Except as otherwise stated in the tariff, at the expiration of the initial term specified
in each Service Order, or in any extension thereof, service shall continue on a month
to month basis at the then current rates unless terminated by either party upon notice.
Any termination shall not relieve the Customer of its obligation to pay any charges
incurred under the service order and this tariff prior to termination. The rights and
obligations which by their nature extend beyond the termination of the term of the
service order shall survive such termination.
D.Service may be terminated upon written notice to the Customer if:
the Customer is using the service in violation of this tariff; or
the Customer is using the service in violation of the law.
E.This tariff shall be interpreted and governed by the laws of the State of Idaho without
regard for its choice of laws provision.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.3 Terms and Conditions, Cont'd.
F.Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or purchase
any services in order to have the right to obtain service directly from the Company.
G.To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party exercising such control shall
make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At the
reasonable request of either party, the Company and the Other Telephone Company
shall jointly attempt to obtain from the owner of the property access for the other
party to serve a person or entity.
H.The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts may or may not be associated with volume
and/or term discounts. All service packages established by the Company will be filed
with the Commission prior to the furnishing of service.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability
A.Except as otherwise stated in this section, the liability of the Company for damages
arising out of either: (1) the furnishing of its services, including but not limited to
mistakes, omissions, interruptions, delays, or errors, or other defects, representations,
or use of these services or (2) the failure to furnish its service, whether caused by acts
or omission, shall be limited to the extension of allowances to the Customer for
interruptions in service as set forth in Section 2.7.
B.Except for the extension of allowances to the Customer for interruptions in service as
set forth in Section 2.7, the Company shall not be liable to a Customer or third party
for any direct, indirect, special, incidental, reliance, consequential, exemplary or
punitive damages, including, but not limited to, loss of revenue or profits, for any
reason whatsoever, including, but not limited to, any act or omission, failure to
perform, delay, interruption, failure to provide any service or any failure in or
breakdown of facilities associated with the service.
C.The liability of the Company for errors in billing that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount erroneously billed or,
in the event that payment has been made and service has been discontinued, to a
refund of the amount erroneously billed.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 5
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
D. The Company shall be indemnified and saved harmless by the Customer from and
against all loss, liability, damage and expense, including reasonable counsel fees, due
to:
Any act or omission of: (a) the Customer, (b) any other entity furnishing
service, equipment or facilities for use in conjunction with services or
facilities provided by the Company; or (c) common carriers or
warehousemen, except as contracted by the Company;

.2 Any delay or failure of performance or equipment due to causes beyond the
Company's control, including but not limited to, acts of God, fires, floods,
earthquakes, hurricanes, or other catastrophes; national emergencies,
insurrections, riots, wars or other civil commotions; strikes, lockouts, work
stoppages or other labor difficulties; criminal actions taken against the
Company; unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order, regulation or
other action of any governing authority or agency thereof;

.3 Any unlawful or unauthorized use of the Company's facilities and services;

.4 Libel, slander, invasion of privacy or infringement of patents, trade secrets,
or copyrights arising from or in connection with the material transmitted by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services;

.5 Breach in the privacy or security of communications transmitted over the
Company's facilities;
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 6
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
D. Cont'd.
.6 Changes in any of the facilities, operations or procedures of the Company
that render any equipment, facilities or services provided by the Customer
obsolete, or require modification or alteration of such equipment, facilities or
services, or otherwise affect their use or performance, except where
reasonable notice is required by the Company and is not provided to the
Customer, in which event the Company's liability is limited as set forth
above in Section 2.1.1 .A.
.7 Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises or the installation or
removal thereof,
.8 Injury to property or injury or death to persons, including claims for
payments made under Workers' Compensation law or under any plan for
employee disability or death benefits, arising out of, or caused by, any act or
omission of the Customer, or the construction, installation, maintenance,
presence, use or removal of the Customer's facilities or equipment
connected, or to be connected to the Company's facilities;
.9 Any noncompletion of calls due to network busy conditions;
10 Any calls not actually attempted to be completed during any period that
service is unavailable;
11 And any other claim resulting from any act or omission of the Customer or
patron(s) of the Customer relating to the use of the Company's services or
facilities.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 7
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
E.The Company does not guarantee nor make any warranty with respect to installations
provided by it for use in an explosive atmosphere.
F.The Company makes no warranties or representations, EXPRESS OR IMPLIED,
either in fact or by operation of law, statutory or otherwise, including warranties of
merchantability or fitness for a particular use, except those expressly set forth herein.
G.Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asserting its rights under other provisions.
H.Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance for errors or mistakes in or omissions of published directory
listings or for errors or mistakes in or omissions of listing obtainable from the
directory assistance operator shall be at the monthly tariff rate for each listing, or in
the case of a free or no-charge directory listing, credit shall equal two times the
monthly tariff rate for an additional listing, for the life of the directory or the charge
period during which the error, mistake or omission occurs.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 8
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
I. With respect to Emergency Number 911 Service:
This service is offered solely as an aid in handling assistance calls in
connection with fire, police and other emergencies. The company is not
responsible for any losses, claims, demands, suits or any liability whatsoever,
whether suffered, made instituted or asserted by the Customer or by any
other party or person for any personal injury or death of any person or
persons, and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused by:
(1) mistakes, omissions, interruptions, delays, errors or other defects in the
provision of service, or (2) installation, operation, failure to operate,
maintenance, removal, presence, condition, local or use of any equipment
and facilities furnishing this service.
.2 Neither is the Company responsible for any infringement, nor invasion of the
right of privacy of any person or persons, caused or claimed to have been
caused directly or indirectly, by the installation, operation, failure to operate,
maintenance, removal, presence, condition, occasion or use of emergency
911 service features and the equipment associated therewith, or by any
services furnished by the Company, including, but not limited to the
identification of the telephone number, address or name associated with the
telephone used by the party or parties accessing emergency 911 service, and
which arise out of the negligence or other wrongful act of the Company, the
Customer, its users, agencies or municipalities, or the employees or agents of
anyone of them.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 9
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.4 Limitations on Liability, Cont'd.
I.With respect to Emergency Number 911 Service, Cont'd.
.3 When a Customer with a nonpublished telephone number, as defined herein,
places a call to the emergency 911 service, the Company will release the
name and address of the calling party, where such information can be
determined, to the appropriate local governmental authority responsible for
emergency 911 service upon request of such governmental authority. By
subscribing to service under this tariff, the Customer acknowledges and
agrees with the release of information as described above.
J.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.
2.1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting activities
that may occur in normal operation of its business. Such activities may include, but are not
limited to, equipment or facilities additions, removals or rearrangements and routine
preventative 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 activities. The Company will work cooperatively with the Customer
to determine the reasonable notification requirements. With some emergency or unplanned
service-affecting conditions, such as an outage resulting from cable damage, notification to
the Customer may not be possible.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.6 Provision of Equipment and Facilities
A.The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the Company,
except upon the written consent of the Company.
B.The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of the
service provided the Customer.
C.Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
D.Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constructed,
maintained and operated as to work satisfactorily with the facilities of the Company.
E.The Company shall not be responsible for the installation, operation, or maintenance
of any Customer provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this tariff, the responsibility of the
Company shall be limited to the furnishing of facilities offered under this tariff and to
the maintenance and operation of such facilities. Subject to this responsibility, the
Company shall not be responsible for:
the through transmission of signals by Customer provided equipment or for
the quality of, or defects in, such transmission; or
.2 the reception of signals by Customer-provided equipment; or
.3 network control signaling where such signaling is performed by Customer -
provided network control signaling equipment.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 11
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.7 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. If installation is started during regular business hours, but, at the Customer's request,
extends beyond regular business hours into time periods including, but not limited to,
weekends, holidays, and/or night hours, additional charges may apply.
2.1.8 Special Construction
Subject to the agreement of the Company and to all of the regulations contained in this tariff,
special construction of facilities may be undertaken on a reasonable efforts basis at the request
of the Customer. Special construction is construction undertaken:
A.where facilities are not presently available, and there is no other requirement for the
facilities so constructed;
B.of a type other than that which the Company would normally utilize in the furnishing
of its services;
C.over a route other than that which the Company would normally utilize in the
furnishing of its services;
D.in a quantity greater than that which the Company would normally construct;
E.on an expedited basis;
F.on a temporary basis until permanent facilities are available;
G.involving abnormal costs; or
H.in advance of its normal construction.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 12
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.1 Undertaking of the Company, Cont'd.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
partners, agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations,
licenses, consents and permits.
2.2.2 The Company may require applicants for service who intend to use the Company's offerings
for resale and/or for shared use to file a letter with the Company confirming that their use of
the Company's offerings complies with relevant laws and the Public Utilities Commission of
Idaho's regulations, policies, orders, and decisions.
2.2.3 The Company may block any signals being transmitted over its Network by Customers which
cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall indemnify
the Company for any claim, judgment or liability resulting from such blockage.
2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the Company.
The Company will permit a Customer to transfer its existing service to another entity if the
existing Customer has paid all charges owed to the Company for regulated communications
services. Such a transfer will be treated as a disconnection of existing service and installation
of new service, and non-recurring installation charges as stated in this tariff will apply.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 13
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer
2.3.1 General
The Customer shall be responsible for:
A.the payment of all applicable charges pursuant to this tariff;
B.damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulations; or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct of the employees or agents of the
Company;
C.providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company facilities and equipment installed
on the premises of the Customer, and the level of heating and air conditioning
necessary to maintain the proper operating environment on such premises;
D.obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduit necessary for installation of fiber optic cable and associated equipment
used to provide Communications Services to the Customer from the cable building
entrance or property line to the location of the equipment space described above in
Section 2.3.1 .C. Any and all costs associated with the obtaining and maintaining the
rights-of-way described herein, including the costs of altering the structure to permit
installation of the Company provided facilities, shall be borne entirely by, or may be
charged by the Company, to the Customer. The Company may require the Customer
to demonstrate its compliance with this section prior to accepting an order for service.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 14
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
2.3.1 General, Cont'd.
E.providing a safe place to work and complying with all laws and regulations regarding
the working conditions on the premises at which Company employees and agents
shall be installing or maintaining the Company's facilities and equipment. The
Customer may be required to install and maintain Company facilities and equipment
within a hazardous area if, in the Company's opinion, injury or damage to the
Company employees or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying, monitoring, removing
and disposing of any hazardous material (e.g., friable asbestos) prior to any
construction or installation work;
F.complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of-way for
which Customer is responsible under Section 2.3.1.1); and granting or obtaining
permission for Company agents or employees to enter the premises of the Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company;
G.not creating or allowing to be placed any liens or other encumbrances on the
Company's equipment or facilities; and
H.making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period during which service is interrupted for such purposes.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 15
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.3 Obligations of the Customer, Cont'd.
2.3.2 Liability of the Customer
A.The Customer will be liable for damages to the facilities of the Company and for all
incidental and consequential damages caused by the negligent or intentional acts or
omissions of the Customer, its officers, employees, agents, invites, or contractors
where such acts or omissions are not the direct result of the Company's negligence or
intentional misconduct.
B.To the extent caused by any negligent or intentional act of the Customer as described
in (A), preceding, the 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 (1) any loss, destruction or damage
to property of any third party, and (2) any liability incurred by the Company to any
third party pursuant to this or any other tariff of the Company, or otherwise, for any
interruption of, interference to, or other defect in any service provided by the
Company to such third party.
C.The Customer shall not assert any claim against any other Customer or user of the
Company's services for damages resulting in whole or in part from or arising in
connection with the furnishing of service under this tariff including but not limited to
mistakes, omissions, interruptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in any
way to the occurrence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the other Customer or user and not by
any act or omission of the Company. Nothing in this tariff is intended either to limit
or to expand Customer's right to assert any claims against third parties for damages of
any nature other than those described in the preceding sentence.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 16
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels
2.4.1 General
A user may transmit or receive information or signals via the facilities of the Company. The
Company's services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form of signal that is
compatible with the Company's equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specifically stated in this tariff.
2.4.2 Station Equipment
A.Terminal equipment on the user's premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the user. The user is
responsible for the provision of wiring or cable to connect its terminal equipment to
the Company MPOP.
B.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 to other persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer's expense,
subject to prior Customer approval of the equipment expense.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 17
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels, Cont'd.
2.4.3 Interconnection of Facilities
A.Local Traffic Exchange provides the ability for another local exchange provider to
terminate local traffic on the Company's network. In order to qualify for Local
Traffic Exchange the call must: (a) be originated by an end user of a company that is
authorized by the Public Utilities Commission of Idaho to provide local exchange
service; (b) originate and terminate within a local calling area of the Company.
B.Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Communications
Services and the channels, facilities, or equipment of others shall be provided at the
Customer's expense.
C.Communications 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 the tariffs of the other communications carriers which are
applicable to such connections.
D.Facilities furnished under this tariff maybe connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal
equipment shall be registered by the Federal Communications Commission pursuant
to Part 68 of Title 47, Code of Federal Regulations; and all user-provided wiring
shall be installed and maintained in compliance with those regulations.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 18
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.4 Customer Equipment and Channels, Cont'd.
2.4.4 Inspections
A.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 in Section 2.4.2.13 of this tariff
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.
B.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. Tithe 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.
C.If harm to the Company's network, personnel or services is imminent, the Company
reserves the right to shut down Customer's service immediately, with no prior notice
required.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 19
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
To safeguard its interests, the Company may require a Customer to make an advance payment
before services and facilities are furnished. The advance payment will not exceed an amount
equal to the non-recurring charge(s) and one month's charges for the service or facility. The
advance payment will be credited to the Customer's initial bill. An advance payment maybe
required in addition to a deposit.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 20
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.5 Customer Deposits and Advance Payments, Cont'd.
2.5.2 Deposits
The Company does not require deposits from Customers.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 21
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.1 Payment for Service
A.General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the
Customer, regardless of whether those services are used by the Customer itself or are
resold to or shared with other persons.
The Customer is responsible for payment of any sales, use, gross receipts, excise,
access or other local, state, federal and 911 taxes, charges or surcharges (however
designated) (excluding taxes on Company's net income) imposed on or based upon
the provision, sale or use of Network Services.
The security of the Customer's PIN is the responsibility of the Customer. All calls
placed using a PIN shall be billed to and shall be the obligation of the Customer. The
Customer shall not be responsible for charges in connection with the unauthorized
use of PINs arising after the Customer notifies the Company of the loss, theft, or
other breach of security of such PiNs.
Customers will only be charged once, on either an interstate or intrastate basis, for
any nonrecurring or usage based charges.
B.Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and
surcharges in addition to normal rates and charges for services provided to the
Customer, where permitted by law. Taxes and fees include, but are not limited to:
Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax, Idaho
Telecommunications Service Assistance Program, and Universal Service. Unless
otherwise specified in this tariff, such taxes, fees and surcharges are in addition to
rates as quoted in this tariff and will be itemized separately on Customer invoices.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 22
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A.Nonrecurring charges are due and payable within thirty (30) days after the invoice
date, unless otherwise agreed to in advance.
B.The Company shall present invoices for recurring charges monthly to the Customer,
in advance of the month in which service is provided, and Recurring Charges shall be
due and payable within thirty (30) days after the invoice date. When billing is based
on customer usage, charges will be billed monthly for the preceding billing periods.
C.The Monthly Recurring Charges are billed in advance. Monthly Recurring Charges
are accrued in full as of the first day of the billing cycle in which the service is
furnished. Therefore, the Monthly Recurring Charges are not subject to pro-rating if
service is disconnected prior to the end of a billing period.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 23
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.2 Billing and Collection of Charges, Cont'd.
D.Billing of the Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this tariff or the Service
Order. Billing accrues through and includes the day that the service, circuit,
arrangement or component is discontinued.
E.The Company may apply a late payment charge to Customers receiving basic or packaged
business services if any portion of the Customer's payment is received by the
Company after the payment due date, or if any portion of the payment is received by
the "Due Before Date" in funds which are not immediately available upon
presentment. The late payment charge shall be applied to the portion of the payment
not received by the date due, multiplied by a factor. The late factor shall be 1.5% per
month. A Finance Charge of 1.5% shall apply to the outstanding balance of charges,
as at the end of the "Due Before Date", with effect from the second month after the
charges are first applied, and every month thereafter.
Collection procedures are unaffected by the application of the late payment or
finance charge. The late payment charge does not apply to final amounts.
F.The Customer will be assessed a charge of twenty dollars ($25.00) for each check or
other payment type submitted by the Customer to the Company that a bank or other
financial institution refuses to honor.
G.If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service will be subject to all applicable installation
charges.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 24
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.6 Payment Arrangements, Cont'd.
2.6.3 Disputed Bills
A.In the event that a billing dispute occurs concerning any charges billed to the
Customer by the Company, the Company may require the Customer to pay the
undisputed portion of the bill to avoid discontinuance of service for non-payment.
The Customer must submit a documented claim for the disputed amount. The
Customer will submit all documentation as may reasonably be required to support the
claim. All claims must be submitted to the Company within a reasonable period of
time after receipt of billing for those services and in accordance with Idaho law. lithe
Customer does not submit a claim as stated above, the Customer waives all rights to
filing a claim thereafter.
B.Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company, then
the Customer may file a complaint with the Idaho Public Utilities Commission, 472
West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800-
432-0369.
C.If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 25
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.1 Service may be disconnected after seven (7) days written notice for any of the following
reasons:
A.The Customer did not pay undisputed delinquent bills for local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
B.The Customer failed to make a security deposit or obtain a guarantee when one is
required.
C.The Customer failed to abide by the terms of a payment arrangement.
D.The Customer misrepresented the Customer's identity for the purpose of obtaining
telephone service.
E.The Company determines as prescribed by relevant state or other applicable
standards that the Customer is willfully wasting or interfering with service through
improper equipment or otherwise.
F.The Customer is using service(s) for which the Customer did not apply.
2.7.2 At least 24 hours before actual termination, the Company will attempt to contact the Customer
affected to apprize the Customer of the proposed termination action and steps to take to avoid
or delay termination. Service will not be terminated in the event that a formal or informal
complaint concerning termination is filed with the Commission.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 26
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.7 Discontinuance of Service
2.7.3 Service may be disconnected without notice and without incurring any liability for any of the
following reasons:
A.A condition immediately dangerous or hazardous to life, physical safety or property
exists, or it is necessary to prevent a violation of federal, state or local safety or health
codes.
B.The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C.In the event of fraudulent use of the Companys network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
D.The Company has tried diligently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
E.The Customer has misrepresented the Customer's identify for purposes of obtaining
telephone service and has no or an inadequate security deposit on file with the
Company and has an outstanding bill exceeding $100.
F.Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankruptcy or reorganization, or failing to discharge an involuntary petition within
the time permitted by law.
G.Upon the Company's discontinuance of service to the Customer under Section 2.7.1
or 2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may declare
all future monthly and other charges that would have been payable by the Customer
during the remainder of the term for which such services would have otherwise been
provided to the Customer to be immediately due and payable (discounted to present
value at six percent).
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 27
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where the
Company permits a Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs incurred by the Company, less net salvage, shall apply, but in no
case shall this charge exceed the sum of the charge for the minimum period of services
ordered, including installation charges, and all charges others levy against the Company that
would have been chargeable to the Customer had service commenced (all discounted to
present value at six percent).
2.8.3 Where the Company incurs any expense in connection with special construction, or where
special arrangements of facilities or equipment have begun, before the Company receives a
cancellation notice, a charge equal to the costs incurred by the Company, less net salvage,
applies. In such cases, the charge will be based on such elements as the cost of the equipment,
facilities, and material, the cost of installation, engineering, labor, and supervision, general
and administrative expense, other disbursements, depreciation, maintenance, taxes, provision
for return on investment, and any other costs associated with the special construction or
arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and applied on a case-
by-case basis.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 28
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.9 Changes in Service Requested
If the Customer makes or requests material changes in circuit engineering, equipment specifications,
service parameters, premises locations, or otherwise materially modifies any provision of the
application for service, the Customer's installation fee shall be adjusted accordingly.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 29
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service
Interruptions in service that are not due to the negligence of, or noncompliance with the provisions of
this tariff by, the Customer or the operation or malfunction of the facilities, power or equipment
provided by the Customer, will be credited to the Customer as set forth in 2.6.1 for the part of the
service that the interruption affects.
2.10.1 General
A.Service Outage
A credit allowance will be given when service is interrupted, except as specified
below. A service is interrupted when it becomes inoperative to the Customer, e.g., the
Customer is unable to transmit or receive, because of a cross-talk, static or other
transmission problem, the Company will respond to a Customer's report of such a
"service outage" in accordance with 1DAPA 31.41.01 Rule 503. Customer's bills will
be appropriately and automatically credited pursuant to the terms of Rule 503.
B.Receipt and Recording of Reports
The Company will 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 will maintain an accurate record of trouble reports made by its Customers.
This record will 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 date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized representatives upon
request at any time within two (2) years of the date of the record.
C.Repair Commitments
Commitments to the Customer for repair service will be set in accordance with Rule
503. The Company will make every reasonable attempt to fulfill repair commitments
to its Customers. Customers will be timely notified of unavoidable changes. Failure
to meet a repair commitment does not relieve the Company of the credited provisions
in Rule 503.01, unless the Customer fails to keep an appointment the Customer
agreed to when the original commitment was made
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 30
- LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
D. Restoration of Service
When the Company providing local exchange is informed by a Customer of a local
exchange service outage, the Company will:
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
.2 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 forty-eight
(48) hours or by 6:00 p.m. on the following Monday, which ever is sooner.
If the Company does not restore service within the times required by this
subsection, the Company will credit the Customer's account for an amount
equal to the monthly rate for one (1) month of basic local exchange service.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 31
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.10 Allowances for Interruptions in Service, (Cont'd.)
2.10.1 General, (Cont'd.)
E.Extenuating Circumstances
Following disruption of local exchange service caused by natural disaster or other
causes not within the Company's control and affecting large groups of Customers, or
in conditions where the personal safety on an employee would be jeopardized, the
Company is not required to provide the credit referred to in Subsection 503.01 as
long as it uses reasonable judgment and diligence to restore service, giving due
regard for the needs of various Customers and the requirements of the
telecommunications service priority (TSP) program ordered in FCC Docket 88-341.
When a Customer causes the Customer's own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or
when the Company determines that the outage is attributable to the Customer's own
equipment or inside wire, the Company is not required to provide to that Customer
the credit referred to in Subsection 503.01.
F.Compliance Standard
Each month at least ninety percent (90%) of out-of-service trouble reports will be
cleared in accordance with Subsection 503.01 and 503.02. The Company will keep a
monthly service record as described in Subsection 502.01 and will notify the
Commission whenever the record indicates the ninety percent (90%) level has not
been met for a period of three (3) consecutive months.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 32
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.11 Cancellation of Service/Termination Liability
If a Customer cancels a Service Order or terminates services before the completion of the term for any
reason whatsoever other than a service interruption (as defined in Section 2. 10.1 above), the Customer
agrees to pay to the Company termination liability charges, as defined below. These charges shall
become due as of the effective date of the cancellation or termination and be payable within the
period, set forth in Section 2.6.2.
2.11.1 Termination Liability
The Customer's termination liability for cancellation of service shall be equal to:
A.all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
B.any disconnection, early cancellation or termination charges reasonably incurred and
paid to third parties by the Company on behalf of the Customer; plus
C.minus a reasonable allowance for costs avoided by the Company as a direct result of
the Customer's cancellation.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 33
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up to the
cancellation date. Customers that cancel the primary local exchange line will have the entire Account
disconnected, including any secondary line and all associated features. In the event the Customer
executes a term commitment agreement with the Company, the Customer must cancel service and
terminate the agreement in accordance with the agreement terms.
2.13 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
the services and facilities provided by the Company without the written consent of the other party,
except that the Company may assign its rights and duties:
2.13.1 to any subsidiary, parent company or affiliate of the Company; or
2.13.2 pursuant to any sale or transfer of substantially all the assets of the Company; or
2.13.3 pursuant to any financing, merger or reorganization of the Company.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 34
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.14 Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual, apparent, or
implied authority to use the network, obtains the Company's services provided under this tariff.
2.14.1 Customer Liability for Fraud and Unauthorized Use of Company calling card.
A.The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company calling card, if such a card is offered by the Company,
or an accepted credit card, provided that the unauthorized use occurs before the
Company has been notified.
B.A Company calling card is a telephone calling card issued by the Company at the
Customer's request, which enables the Customer or user(s) authorized by the
Customer to place calls over the Network and to have the charges for such calls billed
to the Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied
for and received, or has signed, used, or authorized another person to use to obtain
credit. Any credit card issued as a renewal or substitute in accordance with this
paragraph is an accepted credit card when received by the cardholder.
C.The Customer must give the Company written or oral notice that an unauthorized use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
D.The Customer is responsible for payment of all charges for calling card services
furnished to the Customer or to users authorized by the Customer to use service
provided under this tariff, unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse of the Customer's
service or Customer-provided equipment by third parties, the Customer's employees,
or the public.
The liability of the Customer for unauthorized use of the Network by credit card
fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money,
property, labor, or services obtained by the unauthorized user before notification to
the Company.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 35
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.15 Use of Customer's Service by Others
2.15.1 Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsible for the
manner in which the joint use of the service will be allocated. The Company will accept
orders to start, rearrange, relocate, or discontinue service only from the Customer. Without
affecting the Customer's ultimate responsibility for payment of all charges for the service,
each joint user shall be responsible for the payment of the charges billed to it.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 36
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company shall
mail or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company's bills for service shall be mailed.
2.16.3 The Company shall designate on the service order an 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 the Customer shall mail payment on that
bill.
2.16.4 Except as otherwise stated in this tariff, all notices or other communications required to be
given pursuant to this tariff will be in writing. 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 placement of the notice, 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.
2.16.5 The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for
giving notice set forth herein.
2.17 Universal Emergency Telephone Number Service (911)
Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company central
office and trunking facilities whereby any telephone user who dials the numbers 911 will reach the
emergency report center for the telephone from which the number is dialed or will be routed to an
operator if all lines to an emergency report center are busy. If no emergency report center Customer
exists for a central office entity, a telephone user who dials the number 911 will be routed to an
operator. No call-specific charges apply to 911 calls.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 2
Original Page 37
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2.0 - RULES AND REGULATIONS, CONT'D.
2.18 Dispute Resolution
If the Customer has a Dispute with the Company, the Customer must first call the Company's
Customer Service department, at the number listed on the Customer's invoice, to attempt to
resolve the Dispute. The Customer must describe the Dispute and provide the Company with any
supporting documentation reasonably requested by the Company. Likewise, if the Company has
a Dispute with the Customer it will notify the Customer by letter sent to the Customer's billing
address and attempt to resolve it before pursuing arbitration.
If the parties are unable to resolve the Dispute within 60 days of the initial notice, either party
may request arbitration as described below.
MANDATORY ARBITRATION OF DISPUTES. ANY DISPUTE OF ANY KIND BETWEEN
THE CUSTOMER AND THE COMPANY, OR ANY EMPLOYEE, AGENT, PRIVY OR
AFFILIATED ENTITY OF EITHER PARTY, WILL BE RESOLVED BY FINAL AND
BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL
ARBITRATION ACT, NOT STATE LAW, GOVERNS THIS PROCESS, INCLUDING THE
ARBITRABILITY OF ANY DISPUTE UNDER THIS TARIFF AND THE REVIEW OF ANY
AWARD.
The arbitration will be conducted by and under the then-applicable commercial arbitration rules
of the American Arbitration Association ("AAA") at the nearest AAA Case Management Center
or other location as agreed upon by Customer and Company. A single neutral arbitrator engaged
in the practice of law will conduct the arbitration. The arbitrator will be selected according to the
rules of the American Arbitration Association or, alternatively, may be selected by agreement of
the parties, who will cooperate in good faith to select the arbitrator. All expedited procedures
prescribed by the applicable rules will apply. All required fees and costs will be paid equally by
the parties as set forth in the AAA commercial arbitration rules. The arbitrator's decision and
award will be final and binding, and judgment on the award rendered by the arbitrator may be
entered in any court with jurisdiction.
No Dispute may be joined with another lawsuit, claim, dispute, or arbitration brought by any
other person, or resolved on a class-wide basis. The arbitrator may not award damages that are
barred by this tariff and may not award punitive damages. If any party files a judicial or
administrative action to resolve a Dispute without first complying with the provisions of this
Section and another party successfully stays such action and/or compels arbitration, the party
filing that judicial or administrative action must pay the other party's costs and expenses incurred
in seeking such stay and/or compelling arbitration, including attorney's fees.
Notwithstanding the provisions of this Section, the Customer may file a complaint with the
Commission as described in Section 2.6.3.
If any portion of this Section is determined to be invalid or unenforceable, the remainder of this Section
and this Tariff shall remain in full force and effect.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 3
Original Page 1
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 3.0 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment, in areas
currently served by the following Incumbent LECs:
1) Qwest.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 1
LOCAL AND ]NTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES
4.1 Service Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in service.
4.1.1 Service Order Charges
Primary Line Connection Charge - applies to requests for initial connection or establishment
of telephone service to the Company.
Secondary Line Connection Charge - applies to the second or additional line of a new access
line installation and connection and customer requests for an inside move, change or addition
to regular service. This charge applies only when the second or additional line is ordered
simultaneously with the initial connection for service.
Service Order Charge - applies to connection of new lines and to service orders associated
with Customer requests for change sin service, moves and the addition of services, including
calling features.
4.1.2 Rates
Charge Price
Feature Add or Change $10.00 per Order
Basic Service Change $10.00 per Order
Establishing or Re-arranging Hunting $10.00 per Order
Directory Listing Change $10.00 per Order
Invoice Change $25.00 per Order
Transfer of Service $25.00 per Order
Telephone Number Change $25.00 per Order
Line Signaling Change $25.00 per Order
Vanity Number Search $25.00 per Order
Establishing Dual Service $25.00 per Order
Expedite Service Charge (LWC/UNE) $50.00 per Order
Expedite Service Charge (Facilities) $200.00 per Day per Line
Expedite Service Charge (Ti Circuits) $595.00 per Day per Circuit
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 2
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.2 Restoral Charge
A restoration charge applies to the restoration of suspended service and facilities because of
nonpayment of bills and is payable at the time that the restoration of the suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of service,
service is later re-installed.
Residence Business
Restoration after temporary denial,
but prior to completion of order
to discontinue service
4.3 Premise Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble resolution require a
visit to the Customer's premises. This charge applies in addition to the Technician Dispatch Charge.
Business Residential
Time and Materials
After-hours Time and Materials
Installation Charge - 1St Hour
Repair Charge - 1st ½ Hour
Repair Charge - Each Add'l ½ Hour
Trip Charge
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.4 Public Telephone Surcharge
In order to recover the Company's expenses to comply with the FCC's pay telephone compensation
plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all
intrastate calls that originate from any pay telephone used to access Company provided services. This
surcharge, which is in addition to standard tanifed usage charges and any applicable service charges
and surcharges associated with service, applies for the use of the instrument used to access Company
provided service and is unrelated to the service accessed from the pay telephone.
Pay telephones include coin-operated and coinless phones owned by local telephone companies,
independent companies and interexchange carriers. The Public Pay Telephone Surcharge applies to
the initial completed call and any reoriginated call (e.g., using the "#" symbol). The Public Pay
Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays
for service by inserting coins during the progress of the call.
Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing
the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not
transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be
billed on a subsequent invoice after the Company has obtained information from a carrier that the
originating station is an eligible pay telephone.
Rate Per Call:
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 4
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription
4.5.1 General
Carrier Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLATA and mterLATA
toll calls. Such calls are automatically directed to the designated carrier, without the need to
use carrier access codes or additional dialing to direct the call to the designated carrier.
Presubscription does not prevent a Customer who has presubscribed to an IntraLATA or
InterLATA toll carrier from using carrier access codes or additional dialing to direct calls to
an alternative long distance carrier on a per call basis.
4.5.2 Presubscription Options - Customers may select the same carrier or separate carriers for
intraLATA and interLATA long distance. The following options for long distance
Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLATA and
InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscnbed carrier for IntraLATA calls
subject to presubscription and some other carrier as the presubscribed carrier for interLATA
toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intraLATA toll calls
subject to presubscription and the Company for interLATA toll calls subject to
presubscription.
Option D: Customer may select the carrier other than the Company for both intraLATA and
interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary intraLATA
interexchange carrier. The other carrier to be the Customer's primary interLATA
interexchange carrier.
Option F: Customer may select a carrier other than the Company for no presubscribed carrier
for intraLATA toll calls subject to presubscription which will require the Customer to dial a
carrier access code to route all intraLATA toll calls to the carrier of choice for each call.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.3 Rules and Regulations
Customers of record will retain their primary interexchange carrier(s) until they request that
their dialing arrangements be changed.
Customers of record or new Customers may select either Options A, B, C, D, E or F for
intraLATA Presubscription.
Customers may change their selected Option and/or presubscribed toll carrier at any time
subject to charges specified in 4.5.5 below:
4.5.4 Presubscription Procedures
A new Customer will be asked to select intraLATA and interLATA toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer's order for service. All new Customers' initial requests
for intraLATA toll service presubscription shall be provided free of charge.
If a new Customer is unable to make selection at the time the new Customer places an order to
establish local exchange service, the Company will read a random listing of all available
intraLATA and interLATA carriers to aid the Customer in selection. If selection is still not
possible, the Company will inform the Customer that he/she will be given 90 calendar days in
which to inform the Company of his/her choice for primary toll carrier(s) free of charge. Until
the Customer informs the Company of his/her choice of primary toll carrier, the Customer will
not have access to long distance services on a presubscribed basis, but rather will be required
to dial a carrier access code to route all toll calls to the carrier(s) of choice. Customers who
inform the Company of a choice for toll carrier presubscription within the 90 day period will
not be assessed a service charge for the initial Customer request.
Customers of record may initiate a intraLATA or interLATA presubscription change at any
time, subject to the charges specified in 4.5.5 below. If a Customer of record inquires of the
Company of the carriers available for toll presubscription, the Company will read a random
listing of all available intraLATA carriers to aid the Customer in selection.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 4
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4.0 - SERVICE CHARGES AND SURCHARGES, CONT'D.
4.5 Carrier Presubscription, Cont'd.
4.5.5 Presubscription Charges
A.Application of Charges
After a Customer's initial selection for a presubscribed toll carrier and as detailed in
above, for any change thereafter, an Presubscription Change Charge, as set for the
below will apply. Customers who request a change in intraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
B.Nonrecurring Charges
Per business or residence line
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 1
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE
5.1 General
5.1.1 Call Timing for Usage Sensitive Services
Where charges for a service are specified based on the duration of use, such as the duration of
a telephone call, the following rules apply:
5.1.1 Calls are measured in durational increments identified for each service. All calls
which are fractions of a measurement increment are rounded-up to the next whole
unit.
5.1.2 Timing on completed calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this
signaling is provided by the terminating local carrier and any intermediate carrier(s).
5.1.3 Timing terminates on all calls when the calling party hangs up or the Company's
network receives an off-hook signal from the terminating carrier.
5.1.4 Calls originating in one time period and terminating in another will be billed in
proportion to the rates in effect during different segments of the call.
5.1.5 All times refer to local time.
5.1.2 Calculation of Distance
The Company does not offer services rated by distance.
5.1.3 Time of Day
The Company does not offer services rated by time of day.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 2
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.2 Flat Rate Local Exchange Service
Flat Rate Local Exchange Service provides a Customer with a single, analog, voice-grade telephonic
communications channel that can be used to place or receive one call at a time. Flat Rate Local
Exchange Service lines are provided for the connection of Customer-provided wiring, telephone,
facsimile machines or other station equipment. Local exchange service lines and trunks are provided
on a single party (individual) basis only. No multi-party lines are provided.
Recurring charges for Flat Rate Local Exchange Service are billed monthly in advance. Non-recurring
charges for installation or rearrangement of service are billed on the next month's bill immediately
following work performed by the Company.
Flat Rate Local Exchange Service includes unlimited local exchange calling per month.
Business Residential
Monthly Rate, per line:
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 3
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.3 Direct Inward Dial (DID) Service
5.3.1 General
A.DID Service provides a Customer with a voice grade telephonic communications
trunk channel to receive incoming voice or data calls to local telephone numbers
assigned to the Customer. DID Service does not provide a line-side connection. DID
Service transmits the dialed digits for all incoming calls, allowing the Customer's
incoming calls to be routed as required by the Customer to the Customer's designated
equipment.
B.DID Service may be provided in conjunction with non-regulated services offered by
the Company pursuant to contract. To the extent that contractual rates for DID
Service differ from those set forth in Section 5.3.3 below, they will be subject to the
terms of the Individual Case Basis arrangements.
5.3.2 Service Eligibility, Restrictions and Limitations
A.Connectivity to E91 1, operator services and directory assistance is not supported by
DID Service.
B.The Company reserves the right to provision DID service based upon the availability
of facilities and equipment necessary to support the Customer's specific service
requirements.
C.The Company, at its sole discretion, reserves the right to limit the quantity of DID
number blocks a Customer may obtain. In addition, the Company reserves the right to
review vacant DID stations or stations not in use to determine their utilization.
Should the Company determine, based on its own discretion, that there is inefficient
number utilization, the Company may reassign the DID numbers.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.3 Direct Inward Dial (DID) Service, (Cont'd.)
5.3.2 Service Eligibility, Restrictions and Limitations, (Cont'd.)
D.The Customer has no property right to the telephone number or any other call number
destination associated with DID service furnished by the Company, and no right to
the continuance of service through any particular end office. The Company reserves
the right to change such numbers, or the end office designation associated with such
number, or both, assigned to the Customer, where the Company deems it necessary to
do so in the conduct of its business.
E.The Customer shall not route or transmit traffic originated through toll free (8XX)
dialing, or traffic typically subject to reverse billing treatment by any means,
including but not limited to mapping to any Carrier Identification Codes (CIC),
mapping to or in conjunction with any Birch DID numbers that utilize the Birch
network, or use any other routing method that may cause the originating telephone
company to bill Birch for the origination of such traffic, without first obtaining
explicit written permission from an officer of Birch. A Customer transmitting or
routing such prohibited traffic shall be subject to immediate discontinuance of its
service or service arrangements without advance notice, and the Customer shall be
liable for any charges billed to Birch due to such transmission or routing. In the event
that Customer sends calls to Birch that are not approved for termination, then
Customer shall pay Birch an additional $.04 per minute for all of its toll free (8XX)
or reverse billing originated traffic.
5.3.3 Rates and Charges
The following rates apply to DID Service.
Nonrecurring Annual Recurring Charge
Per DID Number
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 5
LOCAL AND NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.4 Direct Inward Dial/Direct Outward Dial (DID/DOD) Service
5.4.1 General
A.DID/DOD Service combines DID Service as described in Section 5.3 with Direct
Outward Dial (DOD) service. DOD service is not provided independently of DID
service. DID/DOD Service provides a Customer with a voice grade telephonic
communications trunk channel to place and receive voice or data calls. DID/DOD
Service does not provide a line-side connection. It transmits the dialed digits for
incoming or outgoing calls, allowing the Customer's calls to be routed as required by
the Customer to the Customer's designated equipment. Where available from the
Company, long distance services can be provided in conjunction with DID/DOD
Service or Customers may choose to route traffic to other carriers for long distance
termination.
B.Connectivity to E91 1, operator services and directory assistance is supported by
DID/DOD Service.
C.DID/DOD Service may be provided in conjunction with non-regulated services
offered by the Company pursuant to contract. To the extent that contractual rates for
DID/DOD Service differ from those set forth in Section 5.4.3 below, they will be
subject to the terms of the Individual Case Basis arrangements.
5.4.2 Service Eligibility, Restrictions and Limitations
A. The Company reserves the right to provision DID/DOD service based upon the
availability of facilities and equipment necessary to support the Customer's specific
service requirements.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 6
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.4 Direct Inward Dial/Direct Outward Dial (DID/DOD) Service
5.4.2 Service Eligibility, Restrictions and Limitations
B.The Company, at its sole discretion, reserves the right to limit the quantity of
DID/DOD number blocks a Customer may obtain. In addition, the Company reserves
the right to review vacant DID/DOD stations or stations not in use to determine their
utilization. Should the Company determine, based on its own discretion, that there is
inefficient number utilization, the Company may reassign the DID/DOD numbers.
C.The Customer has no property right to the telephone number or any other call number
destination associated with service furnished by the Company, and no right to the
continuance of service through any particular end office. The Company reserves the
right to change such numbers, or the end office designation associated with such
number, or both, assigned to the Customer, where the Company deems it necessary to
do so in the conduct of its business.
D.The Customer shall not route or transmit traffic originated through toll free (8XX)
dialing, or traffic typically subject to reverse billing treatment by any means,
including but not limited to mapping to any Carrier Identification Codes (CC),
mapping to or in conjunction with any Birch DID numbers that utilize the Birch
network, or use any other routing method that may cause the originating telephone
company to bill Birch for the origination of such traffic, without first obtaining
explicit written permission from an officer of Birch. A Customer transmitting or
routing such prohibited traffic shall be subject to immediate discontinuance of its
service or service arrangements without advance notice, and the Customer shall be
liable for any charges billed to Birch due to such transmission or routing. In the event
that Customer sends calls to Birch that are not approved for termination, then
Customer shall pay Birch an additional $.04 per minute for all of its toll free (8XX)
or reverse billing originated traffic.
5.4.3 Rates and Charges
The following rates apply to DID/DOD Service.
Nonrecurring Annual Recurring Charge
Per DID/DOD Number
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 7
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.1 BirchNet Basic Line
Basic Line
Unlimited Local,Intra-LATA Long Distance
Caller ID - Name and Number
Call Waiting
Hunting
Toll Free service is available with this product see "Toll Free Service" in a
later section for rates BirchNet Basic Line is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement.
Early Termination Fees are calculated using the following formula: $100 x
Months Remaining. The termination penalty will apply per location on the
original contract or any subsequent renewal of the contract.
Customers may accept or decline the feature(s); however, declining the
feature(s) will not reduce the package monthly rate. If more features are
chosen with the BirchNet Basic Line bundle, standard rates will apply.
The availability of certain features depends on feature availability. Some
features are only available to residential customers. Some features are only
available to business customers. Additional calling features maybe added to
the Basic Line.
Outbound Long Distance is rated at $.049/min, where available.
Caller ID with Name and Number—Caller ID with Name and Number
(Caller ID) enables the terminating Customer to identify the calling party by
displayed name and/or number before the call is answered. Caller ID
Customers must provide and connect their own compatible CPE.
Product may not be available in all CLLIs.
An additional charge will apply when adding Birch Unified Messaging or
Voicemail to the line. There is a maximum of 3 extensions per box.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 8
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.2 BirchNet Essentials
1. BirchNet Essentials is equipped with:
Basic Line with Unlimited Features
Hunting
Unlimited Local Intra-LATA Long Distance
200 Minutes of Domestic Inter-LATA Long Distance
Toll Free service is available with this product see "Toll Free Service" in a later section
for rates BirchNet Essentials is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement. Early
Termination Fees are calculated using the following formula: $100 x x Months
Remaining. The termination penalty will apply per location on the original contract or
any subsequent renewal of the contract.
Customers may accept or decline the feature(s); however, declining the feature(s) will not
reduce the package monthly rate.
The availability of certain features depends on feature availability. Some features are
only available to residential customers. Some features are only available to business
customers.
Customers may choose to use another carrier for their long distance purposes; however,
declining the Birch long distance will not reduce the package monthly rate.
BirchNet Essentials will only be available to Birch Local Service Customer locations in
which the customer subscribes to no greater than 10 lines for domestic local toll and
interLATA toll outbound calls from the business location. Customers are required to
convert all of their off-net business lines, (restrictions listed below), per location, to
BirchNet Essentials in order to qualify for this service. Multi-location customers may
choose the service per location. Birch may cancel this service if all lines at location do
not have this product.
An additional discounted charge will apply when adding Birch Unified Messaging or
Birch Voicemail to BirchNet Essentials. There is a maximum of 3 extensions per
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
voicemail box.
ISSUED: EFFECTIVE:
Issued by:

Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 9
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.2 BirchNet Essentials cont'd
2.200 Minute Long Distance Calling Block for BirchNet Essentials ':
Block of Time per Month (1)
200 Minutes of Inter-LATA
Domestic Long Distance
Additional Minutes
3.BirchNet Essentials Inclusive Feature List 2 :
Overage Usage Rate per Minute
Included in bundle
$.049
Anonymous Call Rejection, per line
Call Block
Call Forwarding
Call Forwarding Busy Line
Call Forwarding Don't Answer
Call Return
Call Selector
Call Tracing
Call Waiting
Caller ID
Caller ID Deluxe
Calling number delivery blocking, per line
Distinctive Ringing Service
Enhanced Caller ID
Preferred Call Forwarding
Remote Access - Call Forwarding Variable
Repeat Dialing
Selective Class of Call Screening
Speed Calling
Three-Way Calling
Long distance Block of Time allotment applies to all domestic 1+ direct dialed minutes of use. Free long distance is only
applicable to standard outbound domestic long distance only, originating from Birch customer to the 48 contiguous US States,
and does not apply to calls to HI, AK, or US territories (Puerto Rico, Guam, USVI, No. Marianas). Standard rates will apply for
any overage beyond any inclusive block of minutes, and all calls made to AK, HI, and U.S. territories (Puerto Rico, Guam,
USVI, and No. Marianas). All other types of calls, (Operator Assisted Long Distance calls, OS/DA, International, Toll Free,
Calling Card, etc.), will be rated at standard rate according to the rate tables established for the calls.
(2) The availability of certain features depends on feature availability. Some features are only available to business customers.
ISSUED: EFFECTIVE:
Issued by: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 10
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.3 BirchNet Value Line
1.BirchNet Value Line is equipped with a Basic Line.
Outbound Long Distance is rated at $.06Imin, where available.
Toll Free service is available with this product see "Toll Free Service" in a later section for
rates BirchNet Basic Line is available to business customers.
All customers will be required to sign a 12, 24 or 36 month term agreement. Early
Termination Fees are calculated using the following formula: $100 x Months Remaining.
The termination penalty will apply per location on the original contract or any subsequent
renewal of the contract.
If features are needed with the BirchNet Value Line, standard rates located in section 3 below
will apply. The availability of certain features depends on feature availability. Some features
are only available to residential customers. Some features are only available to business
customers.
An additional charge will apply when adding Birch Unified Messaging or Birch
Voicemail to BirchNet Value Line. There is a maximum of 20 extensions per voicemail
box.
Additional features can be added to this line.
2.Optional Calling Features
Features Offered on a Usage Sensitive Basis
The Customer will be billed the Per Feature Activation Charge each time the feature is used
by the Customer. Customers may subscribe to these features on a monthly basis to obtain
unlimited use of the feature for a fixed monthly charge.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 5
Original Page 11
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5.0 - LOCAL EXCHANGE SERVICE, CONT'D.
5.5 BirchNet Products
5.5.4 BirchNet Pricing
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 1
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES
6.1 Custom Calling Features
The features in this section are made available to residential and business Customers. All features are
provided subject to availability. Features may not be available with all classes of service. Transmission
levels may not be sufficient in all cases.
6.1.1 Feature Descriptions
Call Forward— Automatically routes incoming calls to a predetermined telephone number.
Call Waiting - Signals the Customer 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 ID - Includes all the features of Call Waiting and additionally provides for the
display of the second caller's name and telephone number on Caller ID compatible Customer
premises equipment.
Three—Way Calling - Allows the Customer to add a third party to an existing conversation.
Speed Calling 8—Allows the Customer to dial an abbreviated code to originate a call to any of
8 programmed telephone numbers.
Speed Calling 30— Allows the Customer to dial an abbreviated code to originate a call to any
of 30 programmed telephone numbers.
Priority Call - Allows a Customer to assign a maximum of fifteen (15) callers' telephone
numbers to a special list. The customer will hear a distinctive ring at his location when calls
are received from callers' telephone numbers on that list.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.2 Description of Features, Cont'd.
Auto Call Back (*69) - Automatically redials the last incoming call.
Auto Redial - Automatically redials a busy number for up to 30 minutes until line is
available.
Caller ID with Name - Provides for the display of the calling party name and telephone
number on Caller ID compatible Customer premises equipment.
Distinctive Ring - Allows Customers to designate up to two additional telephone numbers
from which incoming calls will have a distinctive ring.
Anonymous Call Rejection - Allows a customer to reject calls from callers who have activated
the Selective Blocking feature in order to prevent the display of their telephone name/number.
Caller Originating Trace - Allows the Customer to dial a Call Trace activation code to initiate
a trace of the last incoming call without obtaining prior legal authorization or assistance from
the Company. The results of a completed trace will be recorded in the Central Office and will
be made available only to law enforcement agencies, as directed by the Customers.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 3
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.3 Rates and Charges
A. Features Offered on Monthly Basis
The following optional calling features are offered to Customers on a monthly basis.
Customers are allowed unlimited use of each feature. No usage sensitive charges
apply. Multiline Customers must order the appropriate number of features based on
the number of lines which will have access to the feature.
Monthly Recurring Charge
Feature Business Residential
ISSUED:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 4
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.1 Custom Calling Features, Cont'd.
6.1.3 Rates and Charges, Cont'd.
B. Features Offered on a Usage Sensitive Basis
The following features are available to all local exchange Customers where facilities
and services permit. Customers may utilize each feature by dialing the appropriate
access code. The Customer will be billed a per use charge each time the feature is
used by the Customer. Customers may choose to subscribe to these features on a
monthly basis to obtain unlimited use of these features for a fixed monthly charge.
Custom Calling Feature Per Use
Residence Business
3-Way Calling
Auto Redial
Auto Call Back (*69)
Call Trace
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 5
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services
6.2.1 Directory Assistance
A.General
A Customer may obtain assistance, for a charge, in determining a telephone number
by dialing Directory Assistance Service. A Customer can also receive assistance by
writing the Company with a list of names and addresses for which telephone numbers
are desired.
B.Regulations
There are no call allowances for Directory Assistance Services. A Directory
Assistance Charge applies for each call to Directory Assistance for telephone
number(s), area code(s), and/or general information requested from the Directory
Assistance operator except as follows:
a)Calls from coin telephones, including COCOTS (Customer Owned
Coin Operated Telephone Sets).
b)Requests in which the Directory Assistance operator provides an
incorrect number. The Customer must inform the Company of the
error in order to receive credit.
C) Customer experiences poor transmission or is cut off during the call.
d) Customers will be provided with a maximum of two (2) telephone
numbers for each call to Directory Assistance.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 6
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.2 Directory Assistance Services, Cont'd.
6.2.1 Directory Assistance, Cont'd.
C. Rates
Per Call to Directory Assistance:
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho TariffNo. 1
Section 6
Original Page 7
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.3 Local Operator Service
Local calls may be completed or billed with the live or mechanical assistance by the Company's
operator center. Calls may be billed collect to the called party, to an authorized 3rd party number, to
the originating line, or to a valid authorized calling card. Local calls may be placed on a station to
station basis or to a specified party (see Person to Person), or designated alternate. Usage charges for
local operator assisted calls are those usage charges that would normally apply to the calling party's
service. In addition to usage charges, an operator assistance charge applies to each call:
6.3.1 Rates
Usage Rates
Usage charges will be billed at the rate in effect for the presubscribed service plan
purchased by the Customer. See Section 5 of this tariff.
Per Call Service Charges
Calling Card - Automated
Calling Card - Operator Dialed
Billed to Third Number
Collect
Person-to-Person
Operator Assistance
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 8
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.4 Busy Line Verification and Emergency Interrupt Service
Upon request of a calling party the Company will verify a busy condition on a designated local service
line. The operator will determine if the line is clear or in use and report to the calling party. At the
request of the Customer, the operator will interrupt the call on the busy line. Emergency Interruption is
only permitted in cases where the calling party indicates an emergency exists and requests interruption.
If the Customer has the operator interrupt a call, both the Busy Line Verification and the Emergency
Interrupt charge will apply.
No charge will apply when the calling party advises that the call is to or from an official public
emergency agency. Busy Verification and Emergency Interrupt Service is furnished where and to the
extent that facilities permit.
The Customer shall identify and save the Company harmless against all claims that may arise from
either party to the interrupted call or any person.
Busy Line Verification:
Busy Line Interrupt
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 9
LOCAL AND 1NTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service
6.5.1 Directory Listing Definitions
Primary Listing - One listing, termed the primary listing, is included with each Customer's
service with the primary line of a line hunting group and with each Joint User service.
Non-Listed Number (Private Directory Service) - A Non-Listed Number will be furnished at
the Customer's request, providing for the omission or deletion of the Customer's listing from
the telephone directory. Such listings will be carried in the Company's directory assistance
and other records and will be given to any calling party.
Non-Published Number (Semi-Private Directory Service) - A Non-Published Number will be
furnished at the Customer's request. A Non-Published Number is not listed in the telephone
Company's directories, or on directory assistance records. Listing information (name, address
and number) on a Non-Published Number is not available to the general public.
Additional Listings - At a charge, additional listings may be included in the alphabetical
directory and on directory assistance records, or appear on directory assistance records only.
The monthly rate for additional listings apply when the listings appear in Directory Assistance
records in accordance with the date requested by the Customer.
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 6
Original Page 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D.
6.5 Directory Listing Service, Cont'd.
6.5.2 Rates
Monthly Recurring Charge
Residence Business
Primary Listing
Additional Listings
Non-Listed Number, per account
Non-Published Number, per account
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 7
Original Page 1
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 7.0 - LONG DISTANCE SERVICES AND RATES

7.1 General
Long Distance service is only available in conjunction with local service.

7.2 Direct Dial Service
Direct Dial Service rates apply when the Customer dials the telephone number without the assistance
of an operator and the call is billed to the calling number. Usage is billed in one (1) minute increments
with a one (1) minute minimum period.
Per Minute Usage Rate All Times of Day
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108
BIRCH COMMUNICATIONS Idaho Tariff No. 1
Section 7
Original Page 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 7.0 - LONG DISTANCE SERVICES AND RATES
7.3 Additional Services and Charges
ISSUED: EFFECTIVE:
ISSUED BY: Christopher J. Bunce, Vice President Legal and General Counsel
2300 Main St. Suite 340
Kansas City, MO 64108