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HomeMy WebLinkAbout20040315Application.pdf~IDACOMM An IDACORP Company -: ,. ';- "' :~Lt V cL, IDDl; l'i;~\R 12 PI'! 3: 30 March lO, 2004 , , . "'--' () U C JTiLiYiES CUi'\I"1ISSIOH Ms. Jean Jewell Idaho Public Utilities Commission Commission Secretary O. Box 83720 Boise, ID 83720 / 7. ~ 1=tJLj-() Re: Application for a Certificate of Public Convenience and Necessity to Provide Basic Local Exchange Service in the State of Idaho Dear Ms. Jewell Enclosed you will find one original and two copies of IDACOMM's application for a Certificate of Public Convenience and Necessity to provide basic local exchange service in the State ofIdaho. You will also find enclosed in a sealed envelope our financial statements which is required for this application. They have been separated because we request that IDACOMM's financials remain confidential and are only used for the sole purpose of this application. If you have any questions, please feel free to call me at 208-388-2657. Thank you for your time and consideration as we begin this process. Sincerely, tR- c, (i,\o..c VlJ2~ Bruce MacMahon Vice President & CPO IDACOMM, Inc. 208-388-2657 bmacmahon (fYi dacomm. com Enclosures O. Box 1162 Boise, ID 83701. VOICE (208) 388-5710. FAX: 1208) 381.0044. WWWIDACOMM.COM Custom fiber solutions. Stable, proven provider. IDACOMM is an IDACORP Company INYSE, IDAI i\ECEIVEO ~:r r:, ,-- ..1 l_. ZillJ!i Hp8 12 Pi"i 3: 30 - ;, New local telecommunications providers for a Certificate of Public 20~~JJ~~n~~:;~dd Tis S! 0 N Necessity to provide basic local exchange service in Idaho must submit the following infonnation: APPLICATION FOR CERTIFICATION PROPOSED SERVICES /11 1) 1- () A narrative description of the telecommunication services provided by the Applicant and the geographic area and market to be served by the company. Other items of interest and whether the company is a facilities-based provider or a reseller, or some combination thereof; what general plans the company has to build facilities in the future; to which markets the provider will appeal; how the provider will market its products; whether the company currently provides or has a history of providing other services in Idaho; how the corporate family is structured. IDACOMM, INC. ("Applicant"), hereby respectfully submits this Application to the Idaho Public Utilities Commission (the "Commission ) for a Certificate to provide local exchange services and emerging telecommunications services ("Telecommunication Services ) throughout the State ofIdaho on a facility based and a resold basis. Applicant requests pennission to provide the following Telecommunications Services: A variety of high speed private line and dedicated transport services initially as well as switched local exchange and local access services, including advanced features such as voice mail and caller identification in the State ofIdaho. Applicant will provide these services through owned facilities and facilities to be leased from other CLEC's or Qwest, Inc. ("Qwest") utilized for resale. Applicant seeks certification to provide Telecommunication Services for the geographic area, which exactly follows the geographic boundaries of the State of Idaho. Applicant may replace certain leased facilities with its own facilities over time and may modify its network to accommodate additional service offerings. Page 1 Applicant will invest in and deploy its own state-of-the-art fiber optic network and equipment within certain communities in the State of Idaho and the ILECs' central offices, using in part, its own facilities and in part, the facilities of other carriers to provide services. Applicant seeks to provide a variety of high speed private line and dedicated transport services initially as well as switched local exchange and local access services throughout the state of Idaho where Qwest provides service. Applicant proposes to offer the following services as defined and subject to any fonn of industry-wide relaxed regulatory treatment: High-speed data transport Advanced features Premium Services InterLA T A toll services IntraLATA toll services Switched Access services Private Line services Applicant's initial focus will be a high-speed data product targeted toward small and medium size businesses. After leading with data transport products, Applicant will bundle data with voice services, including switched access and long distance. As the Internet becomes a more ubiquitous part of our daily lifestyle, and applications continue to demand more bandwidth, Applicant will market its services to the residential community as well. Because of the relative density of small and medium sized Page 2 businesses in larger communities, Applicant will focus its initial efforts on population centers of 100 000 and above. If the economics warrant it, Applicant will move into smaller communities as well. To support its service offerings of high-speed data transfer, Applicant's initial network configuration will involve the use of newly constructed state-of-the-art fiber optic network in combination with Qwest's unbundled local loops which will connect equipment located at Applicant's end-user locations to Applicant's equipment located at Qwest's Central Offices. Applicant will eventually offer switched voice services on either a resold basis using Qwest's finished services, or through the use of Applicant's facilities, or through a combination of unbundled elements leased from Qwest and Applicant's facilities. Access to ordinary intralata and interlata message toll calling, operator services directory assistance, directory listings and emergency services will all be negotiated with Qwest in the Interconnection Agreement with Qwest. Applicant will initially negotiate with Qwest to provide these services. In the future, depending on pricing structure Applicant may elect to bring some or all of those functions in-house, or sub-contract to other providers of same. II.FORM OF BUSINESS Name, Address and Ponn of Business IDACOMM, Inc.: Internet Services Provider Mailing Address O. Box 1162 Boise, ID 83l70l Physical Address 350 N. Mitchell Street Boise, ID 83704 Page 3 If the applicant is the sole proprietor (I) (2) The name and business address of the applicant, and N/A The business name of the sole proprietorship. N/A If the applicant is a partnership, (l )a list of the names and business addresses of all the partners, and N/A (2)the business name of the partnership. N/A If the applicant is a corporation (1)a short statement of the character of public service in which it may engage The infonnation contained in this Application and the Exhibits attached hereto fully describe Applicant's business and its ability to provide consumers and businesses within and throughout the State of Idaho with a viable and economical alternative for the satisfaction of their telecommunications services needs. Applicant submits these reasons in support of its belief that the public interest would be served by the approval of this Application. Page 4 Primarily, Applicant intends to offer businesses of the State of Idaho high-speed data transfer services, local dial tone and a variety of other telecommunications servIces.This will promote competitive telecommunications marketplace while protecting and maintaining the wide availability high-quality telecommunications services. Approval of this Application will enhance free market competition within the telecommunications industry by providing Idaho businesses with increased customer choices and decreased customer rates. Applicant's entry into Idaho s local exchange market will also increase the utility of the Internet and of private data networks by substantially increasing the speed of data transfer in the local loop. As Applicant expects its servIces to be priced attractively, end users may realize cost savmgs over presently available services. In addition, because Applicant will employ state-of-the-art facilities and technology, end users can expect new products not previously available and the highest quality services from Applicant. Competition for local exchange service will also stimulate additional demand for the service of all carriers Page 5 (2) including incumbent LECs. Thus, in a competitive market there will be increased potential for all LECs to generate higher revenues. Additionally, in a competitive market incumbent providers will have market incentives to improve the efficiency of their operations and improve the quality of their service. Approving Applicant's application is also in the public interest because in many of its proposed markets it may be the first operational facilities-based competitor to the incumbent LEC. The name of the state in which it is incorporated. Idaho (3)Its principal business address and its principal business address within Idaho 350 N. Mitchell Street, Boise, Idaho 83704 (4)a certified copy of its articles of incorporation See attached Exhibit I for copy of Articles of Incorporation (5)if not incorporated in Idaho, a certificate of good standing issued by the Idaho Secretary of State of Idaho, and N/A (6)name and address of registered agent for service in Idaho. Pat Harrington - l22l W. Idaho Street, Boise, ID 83702 Page 6 If a corporation, the names and addresses of the ten common stockholders of applicant owning the greatest number of share of common stock and the number of such shared owned by each, as follows: IDACOMM, Inc. is wholly owned by IDACORP, Inc. Names and addresses of the officers and directors of applicant. Chris Britton, President & CEO 350 N. Mitchell Street, Boise, ID 83704 Bruce MacMahon, Vice President and CPO 350 N. Mitchell Street, Boise, ID 83704 Dave Bartlett, Executive Vice President of Operations 350 N. Mitchell Street, Boise, ID 83704 Bob Speers, Executive Vice President of Sales 350 N. Mitchell Street, Boise, ID 83704 Jan Packwood, Director l22l W. Idaho Street, Boise, ID 83702 Darryl Anderson, Director l22l W. Idaho Street, Boise, ID 83702 Brian Kearney, Director 1221 W. Idaho Street, Boise, ID 83702 Pat Harrington, Secretary 1221 W. Idaho Street, Boise, ID 83702 Name and address of any corporation, association, or similar organization holding a 5% or greater ownership or a management interest in the Page 7 III. applicant. S to ownership, the amount and character of the interest must be indicated. A copy of any management agreement must be attached. IDACORP, Inc; l221 W. Idaho Street, Boise, ID 83702 N ames and addresses of subsidiaries owned or controlled by applicant. IDACOMM Services, LLC; 100% owned by IDACOMM. 350 N. Mitchell Street, Boise, ID 83704 TELECOMMUNICATION SERVICE The date on which applicant proposes to begin construction or anticipates it will begin to provide service. IDACOMM anticipates to provide regulated services 2nd Quarter, 2004. A written description of customer classes and customer service(s) that the applicant proposes to offer to the public. Applicant's initial focus will be a high-speed data product targeted toward small and medium size businesses. After leading with data transport products, Applicant will bundle data with voice services, including switched access and long distance. As the Internet becomes a more ubiquitous part of our daily lifestyle, and applications continue to demand more bandwidth, Applicant will market its services to the residential community as well. Because of the relative density of small and medium sized businesses in larger communities, Applicant will focus its initial efforts on population centers of 100 000 and above. If the economics warrant it, Applicant will move into smaller communities as well. Page 8 Customer Services: High-speed data transport Advanced features Premium services InterLA T A toll services IntraLA T A toll services Switched access services Private line services Wholesale telecommunication services Retail telecommunication servIces Toll-Tandem Revenue servIces Call Validation and Trunk Routing Services Enterprise Network Service XDSL services Integrated Services Digital Network Residential service (dial tone) Business service (dial tone) Trunk Service Customer Calling Features Custom Local Area Signaling Services Analog Display Services Centrex Based Services Call Center Services Customized Billing Data and Video Services Page 9 IV.SERVICE TERRITORY A description sufficient for detennining whether service is to be offered in a particular location and the names of all incumbent local exchange corporations which whom the proposed utility is likely to compete. Applicant will be targeting the Treasure Valley area initially and later expanding to other areas of Idaho in the Qwest territory. Applicant is likely to complete with utilities such as Qwest, Time Warner and ELI. 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. Applicant plans to provide both resold and facilities based services to customers. Applicant currently owns and controls existing fiber metro rings in Ada and Canyon County. A statement describing with whom the applicant is likely to compete. Applicant is likely to complete with utilities such as Qwest, Time Warner and ELI. A description of the property owned by the applicant clarifies the applicant's proposed services and operation. Applicant owns fiber metro rings, voice switching equipment and key co-locations in the Treasure Valley area. FINANCIAL INFORMATION Current detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet, or if not readily available, for the period since the close ofthe preceding calendar year. See attached Exhibit 2. Page 10 VI. VII. If a balance sheet and income statement are not available, the applicant must submit financial data sufficient to establish that it possesses adequate financial resources to provide the proposed services. N/A ILLUSTRATIVE" TARIFF FILINGS Proposed initial tariff and price sheets setting forth rates, rules, tenn and regulations applicable to the contemplated service. See attached Exhibit 3 for tariff. At this time, applicant has not included pricing, which is the process of being established and will be submitted to PUC at a later date before regulated services are provided. CUSTOMER CONTACTS Contact infonnation for the Applicant. The name, address, and telephone number and electronic mailing addresses (if available) of the person( s) responsible for consumer inquiries and complaints from the public. Name: Rebecca Yeager, Customer Service Manager Tel:(208) 336-3600 Fax:(208) 381-0011 Email: rebeccay(fYvelocitus.net A toll-free number for customer inquiries and complaints. 800-219-9996 The name, number and electronic mailing addresses (if available) of the person(s) designated as a contact of the commission staff for resolving complains, inquiries and matters concerning rates and price lists or tariffs. Page II Name: Candice Kittrell Tel:(208) 388-6809 Fax:(208) 381-0011 Email: ckittrell(fYidacomm.com VIII. INTERCONNECTION AGREEMENTS IX. Statements of whether the applicant has initiated interconnection negotiations and, if so, when and with whom. IDACOMM has entered an interconnection agreement with Qwest in the states ofIdaho and Utah. COMPLIANCE WITH COMMISSION RULES A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them, or a request for waiver of those rules believed to be inapplicable. See attached Exhibit 4 for Affidavit. ESCROW ACCOUNT OR SECURITY BOND 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. IDACOMM does not require advance deposits at this time, however, if in the event that Applicant subsequently detennines to require deposits, it agrees to be bound by all regulations then in effect. At the Commission s discretion, an additional deposit may be required to keep customers whole in case of company default. Page l2 The Commission will review the individual requirement of establishing an escrow or security account by the Company upon good showing by the Company for a period of two years. Page 13 , ...' ."-" . EXHIBIT 1F"..:EO VI: FFECTIV ARTICLES 'OF INCORPORATION AUG , 4 21+ PH ' SECHn , \;;, ' ':'F STATE IDACOMM, INC. STAiT fj, : ;. Jhi-JO The undersigned, acting as the incorporator of a corporation under the Idaho Business Corporation Act, as amended (the "Idaho Act"), hereby adopts the following Articles of Incorporation for such corporation: ARTICLE I Name The name of the corporation is IDACOMM, Inc. (the "Corporation ARTICLE II Capital Stock The Corporation is authorized to issue one class of Common Stock. The total number of shares of Common Stock authorized to be issued is one hundred thousand (100 000) shares. The Common Stock shall have no par value. ARTICLE III Limitation of Director Liability To the fullest extent permitted by the Idaho Act or any other applicable law, as now in effect or as it may hereafter be amended, no director of the Corporation shall be personally liable to the Corporation or its shareholders for monetary damages for any action taken or any failure to take any action, as a director. ARTICLE IV Indemnification The Corporation shall indemnify all officers and directors of the Corporation against all liability for any action taken or any failure to take any action to the fullest extent pennitted by the Idaho Act or any other app~icable law, as now in effect or as it may hereafter be amended. IDAHO SECRETARY OF STATE 08/15/2000 09: CK: none CT: 2863 BH: 341145 1 I! 188.88 = 186.88 CORP II 2 L" ~~ \~::, - : ARTICLE V Address and Registered Agent The street address of the initial registered office of the Corporation is: 1221 West Idaho Street Boise, Idaho 83702 The name of the Corporation I s initial registered agent at that address is: Patrick A. Harrington ARTICLE VI Name and Address of Incorporator The name and address of the Corporation I s incorporator is: Patrick A. Harrington 1221 West Idaho Street Boise, Idaho 83702 ARTICLE VII Name and Address of Initial Director The name and address of the initial director of the Corporation is: Richard R. Riazzi 1221 West Idaho Street Boise, Idaho 83702 DATED this l!J!i'ay of August, 2000. tIaPtk/!l.1f Patrick A. Harrington Incorporator EXHIBIT 3 IDACOMM, INC. Schedule of General Regulations For Exchange Services Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho TABLE OF CONTENTS APPLICATION OF PRICE LIST .................................................................................................................. SYMBOLS......................................................................................................................................................... 1 CONTACT INFORMATION .......................................................................................................................... DEFINITIONS ...................................................................................................................................... 3 REGULATIONS ................................................................................................................................... 4 UNDERTAKING OF THE COMPANY.,.,...,...,.......,...,.......,.. .,.,..,..,.....,........,...,...,.,.,......,....,..................... SHORTAGE OF EQUIPMENT OR FACILITIES ,................................,.........,............,...........................,..,.., SELECTION OF TRANSMISSION .........,.........,.,.,...,......,......,.,..,.,.,....,........,.,.......,.,.,..,.,....,.,.,.,.........,....2.4 NOTIFICATION OF SERVICE-AFFECTING ACTIVITIES...,.,.,.,.....,.....,....................,.,....,....,.,.,.,......,.....,..2.5 PROVISION OF EQUIPMENT AND FACILITIES..,........,.....................,..,.................,......................,........... 5 TERMS AND CONDITIONS......,......,.,.,.,.......,.....................,. ...,.,....,.,..,.......,..,.,.,..,.,....,.,......................, 7 NON-ROUTINE INSTALLATION AND SPECIAL CONSTRUCTION ..........,..,..,....,...............,..,..............,...... OWNERSHIP OF FACILITIES .,..,.,......,...,.,.,.,.,.,...,.,......,......,.,....,..........................,.............,...,......,......, 9 RIGHTS-OF-WAY ,....,............,......,.,...,....,....,.,...............................,.........."...,.,.............,..........,.,..,..... 10 LIABILITY"....,.,.......,....,.........,........,.....,........,....,..,.,.,.,.,....,......,........................,.,....,.,.,.."..,.,.."..,..,,11 INDEMNIFICATION ,.,.........,....,............,.,.,.,.,.,.,.,.,..,.,.,.............,.,........................,.,.................,..,...,..,.,12 CONFLICTS BETWEEN PRICE LIST AND COMMISSION RULES ....,......,..,..,......,......,......,........,..........,.... 613 ALLOWANCES FOR INTERRUPTIONS IN SERVICE ..,............,.........,...........,...........,......,......,.................,14 OBLIGATIONS OF THE CUSTOMER.......,.,.,.,.,..,....,....,.,........,..,.....,...................,........,....,.,.,.,....,.,....,.,.15 PROHIBITED USES..,.,............,.,....,.,..".......,.......,...............,....,.,....,....,....,....,.,....,..........,...,.,..,.,.,......, 16 PAYMENTS.......,..,......,.""..,.,.".,.,.,.".",.,,...,.,.,...,...........,...,.........,.,....,..,.,.,..,.,....,.,....,............,...,..,.,. 17 TAXES, CHARGES, FEES ,....,......,.....................,.......,.....................,....,..,....,...............,........................ 9 18 DEPOSITS.,..........,..,....,.........,.,..,.,.....,.,....................,......,......,.,.,....,........,..,.,....,.......................,..,...19 REFUSAL OR TERMINATION OF SERVICES ..............,............,....,....................,....,......,..............,........,20 RESTORATION OF SERVICE .,......................,..."............,.,.,....,....,.,.,..,.,..,.,.,......,....,.,....,.,.,.,.,...."..,...21 ASSIGNMENT ,...,..,.,..............,..........,.,.,.,.,......,.,..,....,...,......,......,...........,.,......,..,...,........,.,.,.,..,.,.,.,..22 PROMOTIONS ...,....,....,..,......,.,.,..........................,...............,..,.,.,...,..,....,...,..,.,......,....,.........,..,.,....... 2.23 E911.....,.,.,.,.......,..,...,...........,.,.,.........,........,.......,......,.,....,......,.,.,..,.."..,.,....,.,....,.,.,.,...,....,.....,., 24 PUBLICNoTICE....,.,......,....,......,...,....,...,..........,...........,...,....,......,...........,........,......,....,.........,."...... LOCAL EXCHANGE SERVICES ................................................................................................... 1 GENERAL..........,..........................,...,.,.,.,.,......,....'..,.,...,.............,.............,.,......,.............,.........,...,... CHARGES FOR ADDITIONAL AND OVERTIME LABOR ..........,......,........,........,..................................... RATES AND CHARGES ................................................................................................................... RESIDENTIAL SERVICE............,.....,.........,.,.,.,...,.,..,..,...,.,.,......,.............,........,....,...,..,.,.,.,.........,...... BUSINESS SERVICE ,..,.,.,..,........,...............,.................,.,.,......,..,.,.,.,.,..,..,...,.,....,.,.,......,.,.,.,.........,...4.3 LINES AND TRUNKS ..,........................,...,....,.,.,.........,.,.,.."..,.,....,.,........,......,.,..,..........,.,.,.,..............4.4 OPTIONAL VERTICAL FEATURES ........"..,......,.........,.,.,..,.,...,..,...,.,....,........,.,....,.,....,...,.,.,.,.,..,.......,4.5 OPTIONAL VERTICAL FEATURES CONT, ....,..............,..........,....,..........,......,........,..........,.....,............ OPTIONAL VERTICAL FEATURES CONT. ........,....,....,......,..........,......,...................,......,.........,........... 7 OTHER,..,.,...,...,....,.,......................,.....,.,.,...,.....,.........,.,.,.,....,.,........,..,...,......,.,....,.,.,...,.,...,..,..,....,. NUMBER SERVICES...................,.............,.,.,..........,..,.,.,...,....,.,......,.,.............,..................,.,....,.....,., MISC, CHARGES .,.,.,..,.,....,....'.,.,.................,.,.,.......,.......,...........,.,.,....,...,....,......,.,.,.,..,...,.....,.,...,... Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho APPLICATION OF PRICE LIST IDACOMM, Inc, (hereinafter "The Company ) has been authorized by the Idaho Public Utilities Commission (Idaho PUe) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, tenns and conditions applicable to the furnishing of local exchange services to residential and small business customers within the State of Idaho, The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUe. SYMBOLS Explanation of Symbols, Reference Marks, and Abbreviations of Technical Terms Used in this Price List The following symbols shall be used as set out below to describe specific changes made to the original price list. Indicates a changed listing, rule, or condition, which may affect rates or charges Indicates discontinued material, including a listing, rate, rule or condition Indicates an increase Indicates that the material has been relocated to another part of price list schedules with no change in text rate, rule or condition Indicates new material including listing, rate, rule or condition Indicates a reduction Indicates reissued matter Indicates a change in wording of text, but not a change in rate, rule or condition, Issued:Effective: Page 1 Local Exchange Services Tariff Release: 1 IDACOMM, Inc. Boise, Idaho CONTACT INFORMA nON IDACOMM, Inc. 350 N, Mitchell Street Boise, Idaho 83701 Phone: (208) 336-9200 Fax: (208) 336-4506 Customer Contact:For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems, Customer Service: (800) 219-9996 Maintenance: (888) 275-2643 Commission Contact:For complaints, inquiries and matters concerning rates and price lists, Matters concerning customer service: Rebecca Yeager, Customer Service Manager Phone: (208) 388-6803 Fax: (208) 381-0011 Email: rebeccay~velocitus.net Matters concerning tariffs and regulatory affairs: Candice Kittrell, Executive Assistant Phone: 208-388-6809 Fax: 208-381-0011 Email: ckittrell~idacomm.com Issued:Effective: Page 2 Local Exchange Services Tariff Release: 1 IDACOMM , Inc, Boise , Idaho 1.0 DEFINITIONS The following words and tenns when used in this price list shall have the meaning set out by this section, Access Lines: Telephone facilities which pennits access to and from the Customer s premises and the telephone exchange or serving central office. Advance Payment:A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non-recurring charges, and an estimate of the first month' recurring charges. Advance Payments will be applied to the first bill rendered by Company following implementation of services. Agent:A business representative authorized by the Company to bring about, modify, affect, accept perfonnance of, or tenninate contractual obligations between the Company and its applicants or Customers. Applicant:A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated tennination, Application: A request made in writing for telephone service, Authorized User: A person, finn or cOIporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (ANI): The automatic transmission of a calling party's billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area:A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls, Company or Name of Company:IDACOMM, Inc, Customer or Subscriber: The person, fmn or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company s regulations related to that servIce, Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database, Nonpublished Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date:The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not confonn to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service, The Company and the Customer may agree on a substitute Service Commencement Date. Issued:Effective: Page 3 Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho Service Order:The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers. Small Business Service: Telephone service provided to businesses with five (5) or fewer lines. REGULATIONS Undertaking of the Company 1.1 Scope 1 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 1.1.The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of the Company s services. However, the Customer remains liable for all obligations under this ~rice list even if such sharing or resale arrangements exist regardless of the Company s knowledge of these arrangements. If service is jointly ordered by more than one Customer, each is jointly and severally liable for all obligations. 1.1.3 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals authorizations, licenses, consents and permits. 1.4 Company services may be connected to the services or facilities of other communications carriers only when authorized by and in accordance with the terms and conditions of any price lists of such other communications carriers. 1.1.The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available, Service is available twenty-four hours a day, seven days a week. Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service, Services will be provided using IDACOMM, Inc, provided services and LEC or other CLEC resale services, 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time subject to Part 68 of the FCC's Rules and Regulations and this price list. Issued:Effective: Page 4 Local Exchange Services Tariff Release: 1 2.4 IDACOMM , Inc. Boise, Idaho Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service-affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to equipment or facilities additions, removals or rearrangements and routine preventive maintenance, Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service-affecting activities. The Company will work cooperatively with the Customer to determine reasonable notification requirements, Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. Provision of Equipment and Facilities The Company shall make a reasonable effort to provide service to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this price list. The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not, and the Customer shall not permit others to, rearrange disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company, Terms and Conditions Service is provided on a minimum term basis of at least one month, using 24-hours per day for each day of the month, For purposes of this price list, a month is considered to have thirty days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein, This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission, Non-routine Installation and Special Construction 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. Special Construction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a) where facilities are not presently available; (b) of a type other than that which the Company would normally utilize in the furnishing of its service; (c) over a route other than that which the Company would normally utilize in the furnishing of its services; (d) in a quantity greater than that which the Company would normally utilize in the furnishing of its services; (e) on an expedited basis; (f) on a temporary basis until permanent facilities are available; (g) involving abnormal costs; or (h) in advance of normal construction. Issued:Effective: Page 5 Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company s other Customers and contractual responsibilities. Advance Payment If required by the Company, the Customer shall make an advance payment before services are furnished and such advance payment will be credited to the Customer s initial bill. The Company may require such an advance payment, in addition to a deposit, when additional costs are incurred to perfonn special or extraordinary construction to provide services required by the customer. Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will pennit Rights-of-Way Provisioning ofthe Company s services is subject to and contingent upon the Company s ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company s services to the Customer s service point as agreed to by the Company, Liability NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES ARISING FROM ERRORS, MISTAKES, OMISSIONS, INTERRUPTIONS, OR DELAYS OF THE COMPANY, ITS AGENTS, SERVANTS OR EMPLOYEES, IN THE COURSE OF ESTABLISHING FURNISHING, REARRANGING, MOVING, TERMINATING, OR CHANGING THE SERVICE OR FACILITIES (INCLUDING THE OBTAINING OR FURNISHING OF INFORMATION IN RESPECT THEREOF OR WITH RESPECT TO THE CUSTOMERS OR USERS OF THE SERVICE OR FACILITIES) IN THE ABSENCE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.Exculpatorv Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. Indemnification The Customer shall at all times indemnify, defend, and save the Company harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Company s performance of its obligations under this Tariff on behalf of the Customer, except in cases of gross negligence or intentional wrongdoing by the Company. Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer s rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute, Issued:Effective: Page 6 Local Exchange Services Tariff Release: 1 IDACOMM , Inc, Boise , Idaho Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subject to the provisions of this section, 13.Credit for Service Interruptions A credit allowance will be made when an interruption in service occurs, An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An interruption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 13,1.1 The Company must restore service: within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency; or 13,1.2 within 24 hours after the report of the outage if no emergency exists. 13.1.3 Outages reported between noon on Saturday and 6:00 p,m. on the following Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday, whichever is sooner. 13,1.3 If the Company does not restore service within the times required by this paragraph, the Company will credit the customer s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. 13.2 Limitations on Allowances No credit allowance will be made for: 13.1 interruptions due to the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; 13.2,2 interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 13.3 interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for change in service arrangements; or 13.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. Obligations of the Customer 14.The Customer shall provide at no charge, as specified by the Company, any personnel, equipment space, power, heating and air conditioning needed to operate, and maintain a proper operating environment for the Company s facilities and equipment installed on the Customer s premises 14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein for the installation, operation, and maintenance of Customer- provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment Issued:Effective: Page 7 Local Exchange Services Tariff Release: 1 14. IDACOMM , Inc. Boise, Idaho If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken, If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm, Prohibited Uses The Customer shall not use or allow the use of the Company s facilities or equipment installed at the Customer s premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 15,Abuse (a) The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (b) Using service to make calls that might reasonably be expected to frighten, torment, or harass another, Using service in such a way that it interferes unreasonably with the use of Company services by others. 15.Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the service including but not limited to: (a) (b) Payments 16. Issued: Rearranging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or Using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices or electronic devices. Customer Obligations 16,1.1 The Customer shall pay outstanding charges in full within 15 days of the invoice date. Charges normally will be invoiced IN ADVANCE, with monthly recurring charges invoiced on or about the fITst of the month for which the charges apply. Amounts not paid within 15 days after the date of the invoice are considered delinquent. A late payment fee of 1.5% of the outstanding balance of the invoice or $10.00; whichever is greater, will be assessed for past due accounts. 16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer s present and former employees, agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted, The Customer is not Effective: Page 8 Local Exchange Services Tariff Release: 1 IDACOMM, Inc. Boise, Idaho responsible for unauthorized use of service to the extent such use is proximately caused by the Company s willful or negligent act. 16.Disputed Bills 16.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bilL If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer s rights under the provisions oflDAP A 31.41.01.204 to challenge any billing amount due or paid to the Company, 16.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission O, Box 83720 Boise Idaho 83720-0074 334-0300 (within the local calling area) 800-432-0369 (from outside the local calling area) 16.Pavrnent Arrangements 16.3,1 When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. 16.3.2 In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer s ability to pay, the size of the unpaid balance, the Customer payment history and length of service, and the amount of time and reasons why the debt is outstanding, 2.16.3,3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions from the Customer, a partial payment shall be allocated flfSt to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such payments shall be applied first to the oldest undisputed balances. 16.5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment alTangement. 16.3.7 A Customer s failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1 + dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 2.16.3,8 Customer failure to pay undisputed charges for other services may result in discontinuance of those services, Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and Issued:Effective: Page 9 Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho county governments, When the Company is authorized to collect such taxes, charges or fees from the Customer, these taxes, charges and fees will be itemized separately on the Customer s bill. Deposits 18.If the Company detennines that the Customer is likely to be a credit risk or to damage property of the Company, the Customer shall make a deposit before a service is furnished or continued. (SEE IDAPA 31.41.01 , RULE 101.) Such deposit shall be held as a guarantee for the payment of charges, The Company may require such a deposit if the Company considers this action necessary to safeguard its interests, The deposit shall not exceed two (2) months' charges for local exchange servIce, 18,1 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC under the provisions ofIDAPA 31.41.01.106 2.18,2 When a service is discontinued the amount of any deposit held by the Company, plus accrued interest, will be applied to the Customer s account and any credit balance remaining will be refunded. 2.18,1.3 Customer s deposit will be returned, with accrued interest, when the customer has maintained good credit by making payments for all undisputed amounts due the Company before temporary or pennanent disconnection for twelve (12) months. Any deposit, plus accrued interest, may be applied to the Customer s telephone account following completion oftwelve months' satisfactory payment. Refusal or Termination of Services If the Company intends to deny an available service to an applicant, the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: the reasons for denial of the service; actions the applicant may take in order to receive the denied service; and a statement that the Customer may file an infonnal or fonnal complaint concerning denial of the service with the Company or with the Idaho PUe. 19,Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 19,1.1 the applicant has an outstanding amount due to the CompanyJor similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 19.1.2 a condition exists that, in the Company s judgment, is unsafe or hazardous to the applicant, the general population, or the Company s personnel, agents or facilities; 19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet the credit criteria for waiver of deposit requirements; 19.1.4 the applicant is known to be in violation of the Company s price lists filed with the Commission; 19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or Issued:Effective: Page 10 Local Exchange Services Tariff Release: 1 IDACOMM, Inc. Boise, Idaho 19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service. 19.Grounds for Tennination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 19.2.1 for nonpayment of any undisputed amounts owing to the Company; 19.2 for services provided to premises that have been vacated by the Customer; 2.19.3 for tampering with the Company s property; 19.2.4 for violation of rules, service agreements, or filed price lists; 19.2.5 for use of Customer equipment which adversely affects the Company s property, facilities, or service to its other Customers, or upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 19.2.6 for fraudulent obtaining or use of service, including, but not limited to: (a) providing false infonnation to carrier the Company regarding the Customer identity, address, creditworthiness, or current or planned use of common communications; (b) using or attempting to use service by rearranging, tampering with, or making connection to the Company s service where not authorized by this price list; (c) using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or (d) any other fraudulent means or device, 19.Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer s pennission for one or more of the following reasons: 19.3,1 Dangerous Condition. A condition immediately dangerous or hazardous to the life physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. 19.2 Ordered to Tenninate Service. The Company is ordered to tenninate service by any court the Idaho PUC, or any other duly authorized public authority. 19.3 Services Obtained Illegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company, 19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. 19.5 Misrepresentation ofIdentity. The Customer has misrepresented the Customer s identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. Issued:Effective: Page Local Exchange Services Tariff Release: 1 IDACOMM, Inc. Boise , Idaho 19.6 for any governmental prohibition, or required alteration of the services provided, or any violation of any applicable law or regulation, or unlawful use of service or use of service for unlawful purposes, the Company may immediately discontinue or suspend service. 19.4 Notice of Disconnection 19.4,Seven-Day Notice Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305 , the Company will mail to the Customer written notice of tennination at least seven (7) calendar days before the proposed date of tennination. The written notice will contain the infonnation required by IDAP A 31.41.01.306. 19.4.Twenty-four-Hour Notice At least twenty-four (24) hours before actual tennination, the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay tennination. Oral Notice will contain the same infonnation as required by IDAP A 31.41.01.306. 19.4.3 Additional Notice If the Company does not tenninate service within seven (7) days after a proposed tennination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not tenninated service within twenty-eight (28) days of mailing a written notice of tennination, but still intends to tenninate, the Company will again issue a written notice as set out by subsection 2.19.4. of this price list, related to Seven-Day Notice, 19.Customer Cancellation of Service If the Customer cancels a service order or tenninates service before the completion of the tenn of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the tenn of service, In addition, the Customer may be liable for tennination charges up to a maximum amount equal to the total charges applicable for the remaining tenn specified in the service order. Restoration of Service 20.A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 20.2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, Issued:Effective: Page 12 Local Exchange Services Tariff Release: 1 IDACOMM , Inc. Boise, Idaho merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. Promotions The Company may provide promotional offerings from time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing ofE911 calls. The Company s switches will be equipped with E911 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing, Public Notice The Company shall give public notice of all proposed changes in rates, Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice, Individual notice to all Customers affected will always constitute public notice LOCAL EXCHANGE SERVICES General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer to: (a) receive calls from other stations on the public switched telecommunications network; (b) access other services offered by the Company as set forth in this price list; (c) access certain interstate and international calling services provided by the Company; (d) access the Company s operators and business offices for service related assistance; (e) access emergency services by dialing 0- or 9-1; and (f) access services provided by other common carriers which purchase the Company s Switched Access Services as provided under the Company s Federal and State price lists or price list, or which maintain other types of traffic exchange arrangements with the Company. Service Descriptions Residential Service All residential services as may be provided for in the interconnect agreement between ILEC and company and subject to such availability terms and conditions contained therein. Business Service All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein 2.3 Lines and Trunks All business services as may be provided for in the interconnect agreement between ILEC and Company subject to such availability, terms and conditions contained therein. Issued:Effective: Page 13 Local Exchange Services Tariff Release: 1 Issued: 2.4 IDACOMM , Inc. Boise, Idaho Optional and Vertical Features All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein Other All business services as may be provided for in the interconnect agreement between ILEC and Company and subject to such availability, terms and conditions contained therein Number Services Nonlisted Number Service Description Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database, 3.2.Non-published Number Service Description Non-Published Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database, Charges for Additional and Overtime Labor 3.3.4 Idaho Telecommunications Service Assistance Program (ITSAP) ITSAP consists of two programs, Lifeline and Linkup, that were developed to provide discounted rates for telephone service to low income customers, thus promoting universal service, The programs are jointly sponsored (federal and state) telephone assistance programs designed to maximize federal contributions to Idaho s low-income customers. The programs provide reductions in monthly rates for single line telephone service and/or reductions in one-time costs for installation of telephone service for qualifying customers. The program is administered by the Department of Health and Welfare in accordance with Idaho Code 56-901. Eligibility - To be eligible for ITSAP, the participant must: (a) Apply through the Department of Health and Welfare (b) Be head of household (c) Have a total gross income at or below 133% of the Office of Management and Budgets (OMB) Poverty guidelines. Residents of Tribal Lands may be eligible for additional federal assistance if the individual participates in one ofthe following federal assistance programs: (a) Bureau ofIndian Affairs general assistance; (b) Tribally administered Temporary Assistance for Needy Families; (c) Head Start (only those meeting its income qualifying standard); (d) National School Lunch Program s free lunch program. Eligibility and qualification determinations will be performed according to the telecommunication provider s federal tariff and/or 47 C.R. Part 54, Each eligible participating resident of Tribal Lands must provide to its local service provider a signed document certifying under penalty of perjury that the customer receives benefits from at least one of the programs mentioned. Lifeline Discounts - applied to tariffed monthly recurnng rates and charges for qualifying residential customers. Effective: Page 14 Local Exchange Services Tariff Release: 1 IDACOMM, Inc. Boise, Idaho Monthly discount (not to exceed the rate charged for the grade of subscribed residential basic local exchange service) $x.XX Additional federal discounts may apply: Tier 1 - Monthly service discount equal to the subscriber line charge $X. Tier 2 - Monthly service discount for customers of eligible telecommunications carriers who have received non-federal regulatory approvals $X. Tier 3 - Monthly service discount equal to one half of the amount of any state support up to a maximum of $x.XX Tier 4 - Eligible residents of Tribal Lands may be eligible for discounts of up to $Xx. This discount may not bring the local residential rate to below $X.OO per month $XX. Linkup Discounts - applied to installation of new service, including line extensions, construction offacilities, etc., but shall not apply to customer premises facilities or equipment. A service installation cost reduction of 50% up to $XX.OO for an eligible resident of Tribal Lands an additional reduction of up to $XX may be applied to cover 100% of the charges between $XX and $XXX assessed for initiating telephone service. $XX.OO. Rules 1.1Applies to Telecommunication servlce at the principal residence of the eligible subscriber/head of household. 2 A household is either an individual living alone or a group of individuals living together in common living quarters and facilities under such domestic arrangements and circumstances as to create a single establishment. 3.3.The eligible participant can receive assistance with telephone service installation costs only once at a residential address. However, if the participant moves to a new address meets the eligibility criteria and is in good standing with the telephone service provider there is no limit to the number of times the participant may receive assistance with telephone costs. 3.3.8.4 Nonrecurring charges to change to or from this program because of change in eligibility status will be waived. Lifeline service is not available for foreign exchange servlce. Only one line per household will qualify for ITSAF discounts. Customers participating in either of these assistance programs must notify the company of any changes that would affect qualification. Verification of eligibility will be established by the Department of Health and Welfare and will be reviewed annually. 7 When the customer is no longer eligible, the discount will be discontinued and regular tariff rates and charges will apply, Recoverv Issued:Effective: Page 15 Local Exchange Services Tariff Release: 1 Issued: IDACOMM, Inc. Boise, Idaho The cost of providing assistance through ITSAP shall be recovered by imposing a monthly surcharge detennined by the Public Utilities Commission and assessed on each line used for providing residential and business access. Participating ITSAP customers are exempted from this surcharge, 05/1ine/month Idaho USF Surcharges A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund, The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. RATES AND CHARGES Residential Service USOC IFR AKF Non-Recurring Charge 151 Line Additional Business Service USOC IFR AKF Non-Recurring Charge 151 Line Additional Lines and Trunks I Line Non-Recurring Charge IFR Optional Vertical Featuresa, Residential Hunting IFR Caller ID Call Forwarding Non-Recurring Charge Optional Vertical Features Cont. MontWy Recurring Charge Monthly Recurring Charge Monthlv Recurring Charge MontWy Recurring Charge Residential Non-Recurrin Char MontW Recurrin Char Call Waiting 3 Way Calling Call Return Voice Mail Optional Vertical Features Cont.b. Business Hunting IFR Non-Recurring Charge Page 16 Monthly Recurring Charge Effective: Local Exchange Services Tariff Release: 1 Issued: Caller ID Call Forwarding Call Waiting 3 Way Calling Call Return Voice Mail Other TBD Number Services Misc. Charges Misc, Charges Installation Charges Installation Charges IFR Move and Change Charges IFR Non-Recurring Charge IFR Non-Recurring Charge IFR Non-Recurring Charge Non-Recurring Charge Non-Recurring Charge Move and Change ChargesIFR x. Charges for Additional Overtime Labor Non-Recurring Charge Charges for Additional Overtime LaborIFR x, Page 17 Monthly Recurring Charge Monthly Recurring Charge Monthly Recurring Charge Effective: IDACOMM , Inc, Boise, Idaho EXHIBIT 4 AFFID A VIT , Bruce MacMahon, being first duly sworn, state that all ofthe contents of this Application are true, accurate and correct and that I have reviewed all of the Commission rules and agree to comply with them. ~vt E., 1J6C- BRUCE MACMAHON, Vice President & CFO SUBSCRIBED AND SWORN to before me this /J!I,day of March, 2004. t~~/ Notary Public for BOiSe ahO My Commission Expires: -; tl7