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HomeMy WebLinkAboutLXI-CLEC LLC.pdfLXI-CLEC, LLC Original Sheet No. 1 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 BASIC LOCAL EXCHANGE TELECOMMUNICATIONS PRICE LIST FURNISHED BY: LXI-CLEC, LLC 450 Main Avenue South, Suite 10 Twin Falls, Idaho 83301 Customer Service & Idaho Public Utilities Commission Contact: Nate Bondelid, Managing Member 877.254.5543 This price list contains rates, terms and conditions applicable to the sale of basic local exchange telecommunications services provided by LXI-CLEC, LLC within the State of Idaho Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 2 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 SECTION INDEX Sheet Title 1 Index 2-5 I. Definitions 6-10 II. General Rules and Regulations 11-21 Application 11 Explanation of Symbols 11 Obligation of Company 12-16 Use of Service and Facilities 17 Establishment and Furnishing of Service 18-20 Telephone Directories 20 Establishment of Deposits 20 Minimum Contract Periods and Termination of Service 20 Payment for Service and Facilities 20-21 Special Services and Facilities 21 Subscriber Notice 21 III. Network Access Line Service 22-23 VI. Service Connection, Move and Change Charges 23 V. Directory Assistance Service 25 VI. Custom Calling Features 25-28 VII. Directory Listings 28 VIII. Long Distance Message Restriction – Local Exchange Service 29 SUBJECT INDEX Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 3 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 Subject Sheet Access to Premise 13, 17 Adjustments of Charges 15 Alterations 19 Application and Explanation of Symbols 11 Application for Service 18-19 Availability of Facilities 12 Changes and Moves 24 Change in Telephone Number 19 Connecting Company Lines, Use of 17 Custom Calling Features (CCF) 25-28 Defacement of Premises 14 Definitions 6-10 Deposits 20 Directories, Telephone 20 Directory Assistance Service 25 Directory Listing 28 Discontinuance of and Refusal to Establish Service 17, 18 Equipment, Tampering with 17 Explanation of Symbols 11 Impersonation of Another 18 Initial Service Periods and Termination of Service 20-21 Installation Costs, Unusual 21 Interruption of Service 12-14 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 4 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 SUBJECT INDEX (Continued) Subject Sheet Language, Improper 18 Long Distance Message Restriction — Local Exchange Service 29 Maintenance and Repair 19 Minimum Contract Period 20 Move and Change Charges 24 Network Access Line Service 22-23 Obligation of Telephone Company 12-16 Ownership & Use of Equipment 17 Payment for Service 20-21 Profane Language 18 Rates 22 Rendering & Payment of Bills 19, 20-21 Responsibility For & Use of Equipment 17 Restoral of Service Charge 20 Service Charge for Restoral of Service 20 Service Connection at Subscriber Premises 17, 23-24 Service Connection Charge 23-24 Special Services & Facilities 21 Subscriber Notice 21 Subscriber Service, Use of 17 Tampering with Equipment 17 Telephone Directories 20 Telephone Numbers 19 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 5 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 SUBJECT INDEX (Continued) Subject Sheet Termination of Service 20 Unusual Installation Costs and Construction Charges 21 Use of Service and Facilities 18 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 6 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 I. DEFINITIONS Access Line The circuit that travels from Qwest Communication’s Central Office to the Subscriber's premise terminating at the Network Interface Device (NID), which provides direct Subscriber access to the Local Exchange and the toll switching networks. Basic Local Exchange Service The provision of Access Lines to Residential and Small Business Customers with the associated transmission of two-way interactive switched voice communication within a Local Exchange Calling Area. Central Office Central Office means a telephone company building where Subscribers’ lines are joined to switching equipment for connecting other subscribers to each other, locally and long distance. Circuit A channel used for the transmission of electrical energy in the furnishing of telephone service. Company LXI-CLEC, LLC Connecting Company. A corporation, association, partnership, LLC, or individual owning or operating one or more Exchanges and with who traffic is interchanged. Contract The service agreement between a Subscriber and the Company under which services and/or facilities are furnished in accordance with the provisions of the applicable Price List. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 7 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 I. DEFINITIONS (Continued) Customer See “Subscriber”, below. Customer Provided Equipment (CPE) Devices, apparatus and their associated wiring provided by a Subscriber for use with facilities furnished by the Company. Direct Dialing The capability for a Subscriber to dial anywhere in the United States with a series of numbers without operator assistance. Exchange A geographic area established by a common communications carrier for the administration and pricing of telecommunications services in a specific area that usually includes a city, town or village. An exchange consists of one or more Central Offices and their associated facilities. Extension Station An additional station connected on the same circuit as the main station and having the same telephone number as the main station. Extra Listing Any listing of a name or information in connection with a Subscriber’s telephone number beyond that to which he is entitled in connection with his regular service. Installation Charge A non-recurring charge made for the placing or furnishing of telephone equipment, which may apply in place of or in addition to Service Connection Charges and other applicable charges for service or equipment. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 8 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 I. DEFINITIONS (Continued) Local Channel That portion of a channel which connects a Station to the interexchange channel; it also applies to a channel connecting two or more Stations within an Exchange Area. Local Exchange Service Telephone service furnished between a Telephone Station and the Telephone Station(s) of others located within the same Local Service Area. Local Message A communication between telephone Stations within the same Exchange Area. Local Service Area That geographical area throughout which a Subscriber obtains telephone service without the payment of a toll charge. Main Station Synonymous with Primary Station. Premise All of the building or the adjoining portions of a building occupied and used by the Subscriber; or all of the buildings occupied and used by the Subscriber as a place of business or residence, which are located on a continuous plot of ground not intersected by a public highway or thoroughfare. Price List The document filed by the Company with the Idaho Public Utilities Commission which lists the Basic Local Exchange Service offered by the Company and the associated prices. Primary Station Synonymous with Main Station. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 9 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 I. DEFINITIONS (Continued) Private Branch Exchange (PBX) An arrangement of equipment used by a Subscriber and connected directly to a Central Office by means of trunk access lines, from which connection is made to Stations at various locations or Subscriber premises, thereby providing telecommunications between these Stations and also communication with the general exchange system. Private Line A circuit provided to furnish communication only between two or more telephones directly connected to it, and not having connection with either a Central Office or PBX switching apparatus. Residential Customer/Subscriber Person to whom telecommunication services are furnished at a dwelling and which are used for personal or domestic purposes and not for business, professional or institutional purposes. Small Business Customer/Subscriber A business entity, whether an individual, partnership, corporation or any other business form, to whom telecommunication services are furnished for occupational, professional or institutional purposes, and which business entity does not subscribe to more than five (5) Access Lines which are billed to a single billing location. Station (See Telephone, herein.) Subscriber A person or business entity subscribing to LXI-CLEC, LLC’s Basic Local Exchange Telephone Service. As used in this Price List, a separate Subscriber is involved at each location, or continuous property, where service is furnished. One individual or firm therefore may be considered as two or more separate Subscribers, even in the same Exchange. The privileges, restrictions, and rates established for a Subscriber to any class of service are limited to the service at one location; no group treatment of Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 10 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 I. DEFINITIONS (Continued) Subscriber (Continued) service at separate locations furnished to one individual or firm, is contemplated or to be implied, except when definitely provided for in the schedules. Telephone A suitable instrument, consisting of a transmitter, receiver, and associated apparatus, that permits transmitting of and receiving telephonic messages when connected to the Public Switched Telephone Network (PSTN). Tie Trunk A circuit connecting two PBX systems for the purpose of intercommunicating between the Stations connected with such PBX switching apparatus. The circuit is not intended to provide for general exchange service through either of the PBX systems with which it connects. Toll Message A message from a calling Station to a Station located in a different Local Service Area. Toll Service Telephone service rendered by the Company between patrons in different Local Service Areas in accordance with the rates specified in the Company's Toll Price List. Trunk A telephone communication channel between (a) two ranks of switching equipment in the same Central Office, (b) between Central Office units in the same switching center, or (c) between two switching centers. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 11 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS A. APPLICATION The rules and regulations specified herein apply to the intrastate services and facilities of LXI-CLEC, LLC hereinafter referred to as “the Company”. Failure on the part of the Subscribers to observe these terms and conditions of the Company, after due notice of such failure, automatically gives the Company the authority to discontinue the furnishing of service. The Company is only responsible under this Price List 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 and terminate its own services, or to communicate with its own customers. The Company hereby reserves its right to establish service packages specific to a particular Customer. These contracts may or may not be associated with volume and/or term discounts. Exchange Service Areas Local exchange services are provided, subject to availability of facilities and equipment, in areas currently served by the following Incumbent LEC: Qwest. B. EXPLANANTION OF SYMBOLS (C) Signifies a changed regulation. (D) Signifies a discontinued rate, treatment or regulation. (I) Signifies an increased rate or new treatment resulting in increased rate. (N) Signifies a new rate, treatment or regulation. (R) Signifies a reduced rate or new treatment resulting in reduces rates. (T) Signifies a change in text but no change in rate, treatment or regulation. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 12 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) C. OBLIGATION OF COMPANY 1. Availability of facilities The Company's obligation to furnish telephone service is dependent upon its ability to secure suitable facilities and to provide such service without unreasonable expense. (A) The Company reserves the right to limit 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 Price List is subject to the availability, on a continuing basis, of all the necessary facilities and is limited to the capacity of the Company’s facilities as well as the facilities the Company may maintain from other carriers to furnish service from time-to-time as required in the sole discretion of the Company. 2. Allowances for Interruptions in Service 2.1 General (A) Credit for Interruptions: When the use of service or facilities furnished by the Company is interrupted due to any cause other than the negligence or willful act of the Customer, or the operation or failure of the facilities or equipment provided by the Customer, pursuant to IDAPA 31.41.01 Rules 502 and 503 subject to interruption will be allowed for the service and facilities rendered useless and inoperative by reason of the interruption, whenever said interruption continues for a period of 24 hours or more from the time the interruption is reported to or known to exist by the Company, except as otherwise specified in the Company’s tariffs. If the Customer reports a service, facility or circuit to be inoperative but declines to release it for testing and repair, it is considered to be impaired, but not interrupted. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 13 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) C. OBLIGATION OF COMPANY (Continued) 2.1 General (Continued) (B) For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied pursuant to IDAPA 31.41.01 Rules 502 and 503 based on the rates specified hereunder for Local Line or Local Trunk Service and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit. Credit allowances for service outages that exceed 24 hours in duration will be rounded up at the next whole 24 hours. (C) If the Customer reports a service, facility or circuit to be interrupted but declines to release it for testing and repair, or refuses access to its premises for test and repair by the Company, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered b y the Company to be impaired. (D) The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company’s agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer. 2.2 Limitations of Allowances No credit allowance will be made for any interruption in service: (A) interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User, Joint-User, or other common carrier providing service connected to the service of the company; (B) interruptions due to the negligence of any person other than the Company including, but not limited to, the Customer connected to the Company’s facilities; (C) interruptions due to the failure or malfunction of non-Company equip- ment; Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 14 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) C. OBLIGATION OF COMPANY (Continued) 2.2 Limitations of Allowances (Continued) (D) interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; (E) interruptions of service during a period in which the Customer continues to use the service on an impaired basis; (F) interruptions of service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; (G) interruption of service due to circumstances or causes beyond the control of the Company. 3. Directory Errors and Omission The Company endeavors to correctly list Subscribers, their telephone numbers and other information in the local telephone directory. The Company’s liability arising from errors or omissions in Directory Listings, other than charged listing, shall be limited to the amount of actual impairment of the Customer’s service and in no event shall exceed on-half the amount of the fixed monthly charges applicable to exchange service affected during the period covered by the directory in which the error or omission occurs. In cases of charged Directory Listings, the liability of the Company shall be limited to an amount not exceeding the amount of charges for the charged listings involved during the period covered by the directory in which the error or omission occurs. 4. Defacement of Premises The Company will repair or replace any defacement or damage of property due to installation, existence, or removal of Company property, when the damage is the result of gross negligence or the willful conduct of the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 15 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) C. OBLIGATION OF COMPANY (Continued) 5. Adjustment of Charges In case of over-billing, a refund will be made by the Company for the full amount of excess charges when the amount can be determined; when the amount cannot be determined from available records, the maximum refund will not exceed the estimated over-billing over a three-year period. In case of under-billing, the Company reserves the right to back-bill for the deficiency charges up to a period of three years. 6. Limitation of Obligation with Respect to Privacy Concerns The Company shall be held harmless by the Subscriber in cases where the Subscriber's telephone number is transmitted via the Caller ID CLASS Feature to another Subscriber who subscribes to service, and the Subscriber has not blocked the transmission of his/her telephone number. 7. With respect to Emergency Number 911 Service: (A) 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 to 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 this service, or (2) installations, operations, failure to operate, maintenance, removal, presence, condition, location or use of any equipment and facilities furnishing this service. (B) The Company is not responsible for any infringement of 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 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 16 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) C. OBLIGATION OF COMPANY (Continued) 7. With Respect to Emergency Number 911 Service (Continued) [B] (Continued) 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 any one of them. 8. When a Customer with a non-published 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. 9. 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 may 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. THE EXCULPATORY LANGUAGE CONTAINED IN THIS PRICE LIST 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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 17 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) D. USE OF SERVICE AND FACILITIES 1. Ownership and Use of Equipment All equipment and lines furnished by the Company are the property of the Company unless otherwise specified. Company agents or employees shall have the right to enter Subscriber premises at any mutually agreed upon reasonable hour to install, maintain or remove, as appropriate, Company equipment. The Company may refuse to install or maintain any service at locations that are hazardous to Company employees. If such service is furnished, the Subscriber may be required to install and maintain such service, holding the Company harmless from any claims for damage by reason of the installation and maintenance of this service. 2. CPE Interconnection Policy CPE may be used and Subscriber provided communication systems may be connected with the facilities furnished by the Company for telecommunications services subject to the terms and conditions outlined in other parts of this Price List. In case any unauthorized attachment is made, the Company shall have the right to disconnect, suspend, or terminate the service. 3. Use of Subscriber Service Subscriber telephone service is furnished only for the use by the Subscriber and bona fide associates. The Company may refuse to install or permit such service to remain on premises of public or semi-public character. (The equipment may be installed at such locations provided the service is located so it is not accessible for public use.) 4. Tampering with Equipment The Company may refuse to furnish telephone service when Company equipment shows any evidence of tampering for the purpose of obtaining service without payment of charges applicable to the service rendered by the Company. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 18 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) D. USE OF SERVICE AND FACILITIES (Continued) 5. Use of Improper Language or Impersonation of Another The Company may refuse service to anyone who uses or permits abusive or obscene language over Company facilities or impersonates another individual with fraudulent or malicious intent. 6. Indiscriminate Use of Facilities The Company may refuse to furnish service or require upgrading of services provided to any Subscriber who allows indiscriminate use of Company facilities except in case of emergency. 7. Obligation of Caller ID Custom Calling Feature Subscribers Under no circumstances should any Subscriber to the Caller ID Custom Calling Feature use telephone numbers delivered to him/her for purposes of marketing any service, or for the sale of the numbers to any interested party. Permitted uses of the number information received through the CID service are limited to: billing and collection, routing, screening, and completion of the originating caller's core transaction, or for services directly related to the originating caller's call or transaction. Caller ID information may be used only to market goods and services to the Subscriber’s existing customers and only to market goods and services of the Subscriber’s that are directly related to those the existing customer already uses. Notification of illegal procedures having been given herein, the Company shall be held harmless by all parties in cases where Subscribers of the Company use this information in an unauthorized manner, as described above. E. ESTABLISHMENT AND FURNISHING OF SERVICE 1. Application for Service Application for service must be made on the Company's standard form, which becomes a contract when accepted in writing by the Company or upon establishment of service. The person or entity submitting an application for service is hereafter referred to as “Applicant”. The conditions of such contracts are subject to all provisions of this and other applicable Price Lists. Requests for additional service may Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 19 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) E. ESTABLISHMENT AND FURNISHING OF SERVICE (Continued) 1. Application for Service (Continued) be made orally, if provided for in the original contract, and no advance payment will be required. A move within the Exchange Area is not considered grounds for termination of the contract. 2. Telephone Numbers The Company may change the telephone number or Central Office designation of a Subscriber whenever it is required WITH consent FROM THE SUBSCRIBER and 30 days advance written notice. 3. Alterations The Subscriber agrees to notify the Company of any alterations that will necessitate changes in the Company's wiring; and the Subscriber agrees to pay the Company's current charges for such changes. The Subscriber can change the inside wiring up to the demarcation point. 4. Payment of Service The Subscriber is required to pay all charges for services rendered by the Company, both exchange and toll, in accordance with provisions contained elsewhere in this Price List. The Subscriber is responsible for all charges for services rendered at his/her telephone, including collect charges. 5. Maintenance and Repairs The Company shall bear the expense of all repair and maintenance of its facilities, except where damage or destruction of its facilities is due to the gross neglect of the Subscriber. The Subscriber may not rearrange, remove or disconnect any Company facilities without consent of the Company. 6. Line Extensions The Company will extend the Subscriber’s line from the point of demarcation to one qualified inside phone jack. Additional jack wiring will be done at a flat rate of $100.00 per jack, plus materials. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 20 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) E. ESTABLISHMENT AND FURNISHING OF SERVICE (continued) 7. Reconnection Charge Where service has been terminated by the Company, the regular non- recurring charges shall apply for reconnection of service. F. TELEPHONE DIRECTORIES Reserved G. ESTABLISHMENT OF DEPOSITS No deposits are required at this time. H. MINIMUM CONTRACT PERIODS AND TERMINATION OF SERVICE 1. Minimum Contract Periods Except as hereinafter provided, the minimum contract period for all services and facilities are one month at the same location. The Company may require a minimum contract period longer than one month at the same location in connection with special (non-standard) types of service or arrangements of equipment, or for unusual construction necessary to meet special demands, and involving extra cost. 2. Termination of Service The Company shall comply with all applicable Commission rules relating to the denial, restriction and notification processes before denying, restricting or terminating a Subscriber's service. Specifically, the Company shall abide by Telephone Customer Relations Rules 301 through 314. IDAPA 31.41.01.301 – 314. I. PAYMENT FOR SERVICE AND FACILITIES The Subscriber shall pay for service and facilities monthly in advance, except units of government, and shall pay for Moves and Changes when billed. Failure to receive a bill does not relieve the Subscriber of the responsibility for payment in accordance with the provisions set forth herein. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 21 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 II. GENERAL RULES AND REGULATIONS (Continued) I. PAYMENT FOR SERVICE AND FACILITIES (Continued) All bills for service are due and payable at the office of the Company on or before the fifteenth (15th) day following the postmarked date of the statement for the month in which the bill is rendered. J. SPECIAL SERVICES AND FACILITIES Special services and facilities not ordinarily used in the furnishing of Basic Local Exchange Service and not otherwise provided for by the Price List schedules of the Company may be furnished or leased pursuant to special contract for such special service or facility for such period as may be agreed upon, provided such special service or facility or the use made thereof is not unlawful and does not interfere with the general telephone service furnished by the Company. Special services are provided for each individual Applicant as a custom-engineered system to satisfy and provide for the needs of that Subscriber. Applicable charges will be determined by the Company for each individual system. In the event any such special service or facility or the use made thereof interferes with the furnishing of the telephone service by the Company, the Company may terminate such contract and cease to furnish such special service or facility after thirty (30) days written notice to the Subscriber. K. FLEXIBLE PRICING Notice to Customers of rate changes shall be made in accordance with Idaho Code 62-606. Where there are no regulations, notification will be made in a manner appropriate to the circumstances involved. A Customer can request that the Company disconnect service that is provided under the Flexible Pricing due to a price increase. The Customer will be credited for the difference between the new price and the old price retroactive to the effective date of the price increase if the Customer notifies the Company of its desire to disconnect service within 20 days of receiving notification of the price increase. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 22 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 III. NETWORK ACCESS LINE SERVICE A. RATES Residential Customer Service $50.00/ month; paid in advance Includes Call Waiting, Caller ID, unlimited local and nationwide long distance calling Small Business Customer Service $60.00/month; paid in advance Includes Directory Listing, Caller ID, unlimited local and nationwide long distance calling B. SPECIAL PROMOTIONS From time to time, the Company may offer special promotions to its Basic Local Exchange Service Subscribers. These offerings will generally consist of a reduced price, a waiver of installation charges, or a free service with a purchase of another service. These offerings may be limited to certain dates and locations, and will be for limited time periods. When such an offering is made, the Commission will be notified and a copy of the offering will be provided to them. C. CONDITIONS The above rates apply to the provision of network Access Lines which, when connected to a dial tone-enabled instrument (“Phone”), provide access to the telephone switched network. Telephones must be provided by the Subscriber. Additional instruments may be attached to network Access Lines upon Company approval. The Company reserves the right to limit the number of instruments connected to an Access Line if they cause interference with the normal operation of the line. Dial tone service is provided only where the facilities are available. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 23 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 III. NETWORK ACCESS LINE SERVICE (Continued) C. CONDITIONS (Continued) Small Business Customer Rates Apply:  At any location where activities are of a business, trade or professional nature.  At any location where the listing of service at that location indicates a business, trade or profession.  Where only one network Access Line is provided at a location, which is both a residence and a business.  At schools, hospitals, libraries, churches and other similar institutions. Residential Customer Rates Apply:  In private residences where business listings are not provided and telephone service is not used for the conduct of business.  In the place of residence of a clergyman, physician, or other medical practitioner provided the Subscriber does not maintain an office in the residence. VI. SERVICE CONNECTION, MOVE AND CHANGE CHARGES A. SERVICE ORDER INSTALLATIONS Premise Visit Schedule A (Applicable Monday – Friday; 8 a.m. – 5 p.m.)  First 15 minutes or fraction thereof  Each additional 15-minute increment or fraction thereof Premise Visit Schedule B (Applicable Monday – Friday at hours other than Schedule A and Saturday.)  First 15 minutes or fraction thereof  Each additional 15-minute increment or fraction thereof Premise Visit Schedule C (Applicable to work performed Sundays & Holidays.)  First 15 minutes or fraction thereof  Each additional 15-minute increment or fraction thereof Nonrecurring Charge  $65.00  $25.00  $70.00  $25.00  $75.00  $30.00 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 24 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 IV. SERVICE CONNECTION, MOVE AND CHANGE CHARGES (Continued) A. SERVICE ORDER INSTALLATIONS (Continued) Schedule C Holidays: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Day Observed: January 1 Last Monday of May July 4th First Monday in September Fourth Thursday in November December 25th B. TRENCHING & BURIED WIRE SERVICE Trenching (includes cost of buried wire used)  1 – 300 feet  301 – 600 feet Buried Service Wire  Three Pair, per 10 feet  Three pair, gopher-protected, per 10 feet  Six pair, per 10 feet  Six Pair, gopher-protected, per 10 feet Nonrecurring Charge  $545.00  $1,035.00  $2.50  $3.00  $3.50  $4.00 C. DEFINITIONS Service Order Applicable to work done in receiving, recording and processing information necessary to execute a Subscriber's request for the establishment of service. It is also applicable for Subscriber's request for additions, moves or changes to existing service. Premise Visit Applicable if a Company employee must visit the Subscriber's premises to move or change a service drop or standard network interface at the Subscriber's request. Not applicable when a Company employee is on the Subscriber's premises for any other business purpose. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 25 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 V. DIRECTORY ASSISTANCE SERVICE A. RATES Per each Directory Assistance Call - $1.50 B. CONDITIONS 1. The above charge will apply to each call to a directory assistance operator requesting information for locations within the Company’s service area. 2. The charge will apply regardless of whether or not the operator is able to supply the requested information. 3. A maximum of one request for information will be allowed per directory assistance call. 4. Charges for Directory Assistance calls placed from Subscribers who have a reading, physical or visual handicap and thus are unable to use the Telephone Directory shall receive five (5) Directory Assistance Calls per month free of charge. 5. In the event a Subscriber obtains directory assistance service through fraudulent means, in addition to any other action authorized by this Price List, the Company may assess appropriate Directory Assistance charges on the Subscriber's regular telephone account. VI. CUSTOM CALLING FEATURES (CCF) A. RATES (Monthly) Call Forwarding Three-Way Calling Speed Calling – 10 Number Voice Mail Call Forward No Answer Call Forward Busy Call Forward Busy/No Answer Call Hold/Retrieve Caller ID — Number Only Do Not Disturb Hot Line Last Number Redial Residence No Additional Charge NAC NAC NAC NAC NAC NAC NAC NAC NAC NAC NAC Business No Additional Charge NAC NAC NAC NAC NAC NAC NAC NAC NAC NAC NAC Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 26 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 VI. CUSTOM CALLING FEATURES (CCF) (Continued) B. CONDITIONS  Custom Calling Features are available only to those Subscribers who are served from a Central Office equipped to provide such services.  When a service is programmed for both Three-way Calling and Call Waiting, only one of the two may be activated at any one time.  When a service is programmed for both Call Waiting and Call Forwarding only one of the two may be activated at any one time. C. DEFINITIONS Call Forwarding Variable (standard) This service allows Central Office Subscribers to forward their phone calls to any phone number whether local or long distance. Remote Call Forwarding (standard) This service allows Central Office Subscribers to log in remotely to their phone and forward their phone to any phone number whether local or long distance. Selective Call Forwarding (standard) This service allows Central Office Subscribers to set call forwarding by time of day or date to any phone number whether local or long distance. Find Me/Follow Me This service allows Central Office Subscribers to have their phone ring up to nine other devices sequentially or simultaneously. Three-Way Calling Permits a telephone user to add a third party to an existing local or long distance call. It will also permit a telephone user to consult privately with a third party while holding the original call. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 27 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 VI. CUSTOM CALLING FEATURES (CCF) (Continued) C. DEFINITIONS (Continued) Speed Calling Permits placing local and long distance calls to pre-selected telephone numbers by dialing an abbreviated code. To add a number to the calling list the Subscriber uses his own telephone. Call Forward Busy Call Forward Busy allows a customer to preprogram a separate number for calls to forward to in the event their line is busy. Call Forward No Answer Call Forward No Answer allows a customer to preprogram a phone number for their line to forward to in the event they are unable to answer their phone line. Caller ID Caller ID will display the customers outgoing calls and display the customers’ incoming calls. Caller ID Block Caller ID Block allows the customer to block their outgoing display by programming their phone prior to each call or they can set it permanently to block every call. Priority Call Priority Call allows customers to program in numbers of other parities they deem to have priority when calling their phone. Selective Call Rejection Selective Call Rejection allows customers to select phone numbers that they prefer not to receive calls and program those numbers into their phone. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 28 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 VI. CUSTOM CALLING FEATURES (CCF) (Continued) C. DEFINITIONS (Continued) Call Transfer Call Transfer allows a customer to transfer a caller to another party both internally and externally or outside of their network. VII. DIRECTORY LISTINGS – NA Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho LXI-CLEC, LLC Original Sheet No. 29 Issued Date: Issued By: LXI-CLEC, LLC 460 Main Avenue South Suite 10 Twin Falls, Idaho 83301 EFFECTIVE DATE: 11/02/2010 VIII. LONG DISTANCE MESSAGE RESTRICTION-LOCAL EXCHANGE SERVICE A. RATES Monthly Rate Long Distance Message Restriction Residence NAC Business NAC B. CONDITIONS 1. Long Distance Message Restriction is an arrangement that permits Local Exchange Service line users to dial local service area calls but prevents the origination of long distance calls. 2. Long Distance Message Restriction is provided for use only on individual network access line service and only where the Subscriber has other network access line service on the same premises arranged for unrestricted use of the telecommunications network. 3. The acceptance of collect call messages is not restricted by this telecommunications network. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING November 2, 2010 Boise, Idaho