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HomeMy WebLinkAbout20041027Application.pdf~~c /Jr). MAr=.--Ol/- " r" r'~' ! :' ,- / '. :. '~:: \' Proposed serv ::PLlCA TION FOR CERTIFICA T' fN 2 T ~7 Pil j ~; ;~ , f "( 'I i ' ;-:, , ('., uIILifii'=',) (, . (" (' r, i,),) UN Matraex, Inc. plans to provide voice and data connectivity solut ns to our customers. We will provide combined centralized PBX and data (internet) se ices to primarily business customers over point to point T1 and Fractional T1 circuit . We will also provide individual phone and data circuits to businesses and residence ~ough this will not be a priority in marketing. We currently provide web hosting and server ooIlQ~ation services at our data center rack located from within Solutions Pro (a large ISP in Bol We plan to terminate our lines at this location , and then use our existing infrastructure to provide services from this location. We do not have any current plans to build any data facilities in the future. We will market our services as a turnkey phone and data provider with managed PBX services via direct sales and "billboard" advertising. We will also market our services to existing customers. Our current customers receive IT solution implementation consulting and services. We have been providing web hosting and programming services in Idaho for 6 years and we will market to our existing customer base to as our first method of introducing our services. Matraex, Inc is privately held S-Corporation and does not have any other owners nor does it own any other companies. Form of Business 1. Matraex, Inc, is located in Eagle Idaho and is an S-Corporation a. Matraex, Inc. will be providing phone and data services to the customers. b. Matraex, Inc. was incorporated in Idaho c. The principle address of Matraex, Inc. is i. 2319 E Halsey Eagle , Idaho 8361 6 d. A certified copy of Articles of Incorporation for Matraex, Inc. can be found in attachment 1 , immediately following this application.2. Michael Blood is the 100% shareholder of the corporation and has all voting rights in the company Michael Blood 2319 E Halsey Eagle, Idaho 83616 2000 100%100% III 3. Michael Blood (listed above) is the President a. 2319 E Halsey Eagle, Idaho 8361 6 4. No other company, corporation or organization has any management of ownership of this company. 5. No other subsidiaries are named or owned. Telecommunication Service 1. We would like to begin service on December 1 20042. We will have two classes of customers: Business and Residential. a. We will offer 2 services to our business customers. Even though these services are separate we will be bundling them and providing a turnkey solution to quickly and affordably add services. i. Telephone services, we will offer telephone services to our business customers. These services will include Plain old telephone service T1 telephony and managed PBX solutions. Our goal with these solutions to is to offer small businesses low cost alternatives to proprietary PBX solutions. ii. Data Services , we will offer dedicated , reliable and routed internet access via leased lines. We plan to specifically market and provide Value added services configuring and managing VPN connections.b. We will offer the same business services to residential customers. We will be offering connections to residences as part of the business packages so that VPN connections and telecommuting are available to employees of the business. Service Territory1. We will be providing service in the Greater Boise area and the surrounding areas. We will be expanding our services to include Canyon , Owyhee, Boise, Elmore and surrounding counties: Westcom LLC DBA Digital Easy Chair Big Sky Telecom, Inc Electric Lightwave, Inc. 2. We will be providing both resold and facilities based services. Initially we will be offering Business Multiline Data and Telephone Services optionally including hosted PBX services from our facilities. All other services will be resold until the point where we can bring the c5ther services into our facilities as well. 3. We are likely to compete with each of the CLECs listed in the PUC utilities document under the CLEC section at http://www.puc.state.id.us/FILEROOM/UTILITIES.pdf. name a few that we are familiar with and whom we have spoken with in the past. 4. We own T1 Multiplexers, T1 Cards, CSU/DSU units with FXO and FXS ports. also own Routers and switches for handling Data Internet connectivity. We also own several Intel based servers. We can provide POTS, Hosted PBX, Data and VolP Services, Web hosting and other hosting services. Our goal it to provide a "one stop shop" for a business for all of their Connectivity needs (Telephone, Internet, Website eMail Financial Information 1. Current detailed balance sheets, including a detailed income and profit and loss statements of Matraex, Inc. reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet can be found in attachment , immediately following this application. Illustrative" Tariff Filings Tariff Filing can be found in attachment 3 immediately following this application. Customer Contacts 1. Consumer inquiries and complaints from the public can be made to Matraex, Inc. as follows: a. By mail, at Matraex, Inc. 2319 E Halsey Dr. Eagle, ID 83616 b. by the web at www.matraex.com c. by email at supportCCilmatraex.com d. or by telephone, toll-free , at 1-800-363-9729. 2. The Commission Staff should contact Michael Blood for resolving complaints inquiries and matters concerning rates and price lists or tariffs as follows: a. By mail , at Matraex, Inc. 2319 E Halsey Dr. Eagle, ID 83616 b. by the web at www.matraex.com c. by email at supportCCilmatraex.com VII VIII d. or by telephone, toll-free, at 1-800-363-9729 Interconnection Agreements 1. Matraex, Inc. has entered Interconnection negotiations with Qwest Corporation Steve Dea Wholesale - Interconnection Agreements 1801 California Street, Rm 2420 Denver, CO 80202 303-965-3029 steve. dea~qwest.com Compliance with Commission Rules Matraex , Inc. has reviewed all of the Commission rules and agrees to comply with them. Escrow Account or Security Bond 1. Matraex, Inc. does not require advance deposits by its customers, and therefore does not need an escrow account or security bond. 2. Matraex, Inc. understands that, at the Commission s discretion , an additional deposit may be required to keep customers whole in case of company default; and that the Commission will review the individual requirement of establishing an escrow or security account by Matraex, Inc. upon good showing by Matraex, Inc. for a period of two years. Attachment Certified Articles of Incorporation !Vlatraex ) IncApplication for Certification 10/26/2004 te of Idah , BEN YSURSA, Secretary of State of the State of Idaho , hereby certify that I am the custodian of the corporation records of this State. I FURTHER CERTIFY That the annexed is a full, true and complete duplicate of articles of incorporation of MATRAEX, INC., an Idaho corporation received and filed in this office on 28 March 2001 , under file number C 138352 including all amendments filed thereto, as appears of record in this office as of this date. Dated: 13 September 2004 SECRETARY OF STATE Attachment 2 Financial Statements Balance Sheet as of 10/24/2004 Profit and Loss statement for year ending 10/24/2004 Profit and Loss statement for year ending 10/24/2003 fYTatraex , Tne Application for Certification 10/26/2004 Cash Basis Matraex, Inc. Balance Sheet As of October 24, 2004 5:31 PM 10/24/04 Oct 24, 04 ASSETS Current Assets Checking/Savings First Regional Bank Washington Mutual Total Checking/Savings Other Current Assets Software Total Other Current Assets 851. 319. 171. 357. 357. Total Current Assets Fixed Assets Buildings and Other Depreciable Accumulated Depreciation Hardware Computer Accessories Laptop Memory Monitors Servers Workstations Hardware - Other 528. 38,269. Total Hardware Network Equipment Office Furniture PDA Telephone - Hardware Total Buildings and Other Depreciable 416. 747.46 822. 679. 877. 011.43 314. 870. 188. 524.24 199. 390. 904. Total Fixed Assets Other Assets PBX Equipment Total Other Assets 904. 105. 105. TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Direct Deposit Liabilities Payroll Liabilities Total Other Current Liabilities 537. 38. 306. 268. Total Current Liabilities 268. Total Liabilities Equity Distribution Opening Bal Equity Owner s Equity Deposit Retained Earnings Net Income 268. Total Equity 141 723.49 141. 879. 118,309. 199. 28,806. TOTAL LIABILITIES & EQUITY 28,537. Page 1 11:25 AM 10/26/04 Cash Basis Matraex, Inc. Profit & Loss October 25, 2003 through October 24, 2004 Oct 25, '03 - Oct 24, 04 Income Accounting Income Quickbooks Consulting Accounting Income - Other Total Accounting Income Consulting Income Hosting Income Hosting Monthly Charges Hosting Income - Other Total Hosting Income Merchant Programming Income Cold Fusion Development Programming Income - Other Total Programming Income Uncategorized Income Total Income Expense Advertising Automobile Gasoline 220. 150. 370. 748. 600. 15,959. 16,559. 944. 555. 643. 198. 38,785. 127 606. 330. 42. 42. 90. 15,600. 91. 173. 645. 650. 245. 491. Total Automobile Bank Service Charges Colocation - Web Hosting Computer Books Computer Hardware Computer Software Contract Labor Domains Dues and Subs Insurance Medical Workers Compensation Total Insurance Legal Meals and Entertainment Merchant Fees Miscellaneous Office Expense Supplies Total Office Expense Outside Services Parking Payroll Expenses Petty Cash Postage Reimburseables SSL Certificates Taxes Personal Property Tax Taxes - Other Total Taxes 386. 224. 610. 650. 569. 632. 335. 367. 367. 600. 17. 575. 40. 103. 509. 884. 768. 40. 809. Page 1 11:25 AM 1 0/26/04 Cash Basis Matraex, Inc. Profit & Loss October 25,2003 through October 24,2004 Oct 25, '03 - Oct 24, 04 Telephone - Service Cell phone Land line Total Telephone - Service 311. 642. 953. Total Expense 999. 606.Net Income Page 2 11 :24 AM 10/26/04 Cash Basis Matraex, Inc. Profit & Loss October 25, 2002 through October 24, 2003 Oct 25 , ' 02 - Oct 24, 03 Income Accounting Income Quickbooks Consulting Total Accounting Income Consulting Income AB Positive Paychecks for Life Consulting Income - Other Total Consulting Income Hosting Income Hosting Monthly Charges IPs and Domains Hosting Income - Other Total Hosting Income Merchant Merchant Acct. Income Merchant Set Up Total Merchant Acct. Income MLM Income Programming Income Cold Fusion Development Programming Income - Other Total Programming Income Uncategorized Income Total Income 2,420. 2,420. 337. 240. 117 863. 120,441. 143. 225. 732. 100. 302. 200. 200. 132. 16,477. 10,154. 632. 232. 175 462. Expense Advertising Automobile Gasoline Total Automobile 145.45 71. 71. 17. 481. 586. 190. 290. 063. 389. 337. Bank Service Charges Cable Colocation - Web Hosting Computer Books Computer Hardware Computer Repairs Computer Repairs & Maintenance Computer Software Connectivity Dial-Up Internet Access DSL Total Connectivity Contract Labor Depreciation Expense Domains Dues and Subs Gifts Insurance Medical Workers Compensation Total Insurance 70. 417. 488. 986. 32,423. 455. 288. 480. 229. 325. 554. Page 1 11 :24 AM 10/26/04 Cash Basis Matraex, Inc. Profit & Loss October 25, 2002 through October 24, 2003 Oct 25, '02 - Oct 24, 03 Income Accounting Income Quickbooks Consulting Total Accounting Income Consulting Income AB Positive Paychecks for Life Consulting Income - Other Total Consulting Income Hosting Income Hosting Monthly Charges IPs and Domains Hosting Income - Other Total Hosting Income Merchant Merchant Acct. Income Merchant Set Up Total Merchant Acct. Income MLM Income Programming Income Cold Fusion Development Programming Income - Other Total Programming Income Uncategorized Income Total Income 2,420. 2,420. 337. 240. 117 863. 120,441. 143. 225. 732. 15,100. 302. 200. 200. 132. 16,477. 154. 632. 232. 175,462. Expense Advertising Automobile Gasoline Total Automobile 145.45 71. 71. 17. 1,481. 20,586. 190. 290. 063. 389. 337. Bank Service Charges Cable Colocation - Web Hosting Computer Books Computer Hardware Computer Repairs Computer Repairs & Maintenance Computer Software Connectivity Dial-Up Internet Access DSL Total Connectivity Contract Labor Depreciation Expense Domains Dues and Subs Gifts Insurance Medical Workers Compensation Total Insurance 70. 417. 488. 986. 32,423. 455. 288. 480. 229. 325. 554. Page 1 Attachment Illustrative Tariff Filing Ivlatraex , IncApplication for Certification 10/26/2004 Matraex , Inc Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Check Sheet Current Sheets in the price list are as follows Sheet Revisions Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Ori inal Matraex , Inc. Boise , Idaho Local Exchange Services Tariff Release Table Of Contents COVER SHEET ............................ .................... ................... ............... ................... ......... ............................. PRI CE LIS T CHECK SHHE T ........... ............................... ........... ........................... ................ .................... 2 TABLE 0 F CONTENTS... ....... ......................... ........................ ................................................................... 3 APPLI CATION OF PRICE LIS T ............................................................................................................... YMB 0 LS . ...................... .................................................. .............. .......................................... .................... DE FINITI 0 N S ............. ............ ........ .... ................ ....... .......................................................................... 6 CONTACT INFO RMA TI 0 N ...................................................................................................................... 2.4 2.10 2.12 2.15 2.19 RE GULA TI 0 N S ....... ......... ..................... ...................... ................... ......... ................ ...................... ...... UNDERTAKING OF THE COMPANY .................................................................................................... 7 SHORTAGE OF EQUIPMENT OR FACILITIES....................................................................................... 7 SELECTION OF TRANSMISSION ......................................................................................................... 7 NOTIFICATION OF SERVICE-AFFECTING ACTIVITIES........................................................................ 7 PROVIS ION OF EQUIPMENT AND FACILITIES................. .................................................................... 8 TERMS AND CONDITIONS ................................................................................................................. NON-ROUTINE INSTALLATION AND SPECIAL CONSTRUCTION ......... ................ ................................. 8 OWNERSHIP OF FACILITIES .............................................................................................................. RIGHTS-O F - WAY....... .. . ... .... ... .. ............ .. .................................................... . . ....... .... .. .... . ...... .. .. ........ LIABILITY. .................................................................................. ........... .......... ................... .............. 9 INDEMNIFICATION .......................................................................................................................... CONFLICTS BETWEEN PRICE LIST AND COMMISSION RULES.......................................................... 10 ALLOWANCES FOR INTERRUPTIONS IN SERVICE............................................................................. 1 0 OBLIGATIONS OF THE CUSTOMER .................................................................................................. PROHIBITED USES......................................................................................................................... 12 PAYMENTS ..................................................................................................................................... TAXES, CHARGES, FEES ................................................................................................................. DEPOSITS ....................................................................................................................................... REFUSAL OR TERMINATION OF SERVICES..................................................................................... . RESTORATION OF SERVICE........................................................................................................... .. ASSIGNMENT ................................................................................................................................. PROMOTIONS ................................................................................................................................. E911 .............................................................................................................................................. PUBLIC NOTICE .............................................................................................................................. TELECO MMUNI CA TI 0 NS SER VI CES ........................................................................................ 3.1 3.4 ApPLICATION FOR RESALE. ............................................................................................................ GENERAL LOCAL EXCHANGE SERVICE........................................................................................ .. TERMINATION OF SERVICE. .................................................................................,.......................... TELECOMMUNICATION SERVICES DESCRIPTIONS........................................................................... 19 RATE S AND CHARGES........... ...................... ....................................... .......................................... 22 4.4 4.11 RESIDENTIAL................. ............ .... ...... ................................................... ..... ........ .................. ......... 22 BUSINESS SERVICE......................................................................................................................... LINES AND TRUNKS........................................................................................................................ OPTIONAL AND VERTICAL FEATURES ........................................................................................... OTHER............................................................................................................................................ NUMBER SERVICES ........................................................................................................................ MISCELLANEOUS CHARGES ...............,........................................................................................... OVERTIME RATES .......................................................................................................................... RATE CHANGES.............................................................................................................................. THE CUSTOMER WILL BE BILLED FOR............................................................................................. 24 OTHER TAXES AND SURCHARGES ................................................................................................. 24 Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release APPLICATION OF PRICE LIST Matraex, Inc (hereinafter "The Company ) has been authorized by the Idaho Public Utilities Commission (Idaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within Southern Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. 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. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release CONTACT INFORMATION Matraex, Inc 2319 E Halsey St Eagle, Idaho 83616 clec(Q)matraex.com Phone: 208.344.1115 Fax: 208.493.3040 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: 888.363.9729 Maintenance: 888.363.9729 Commission Contact - For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service: Michael Blood Phone: 208.344.1115 Fax: 208.493.3040 Email: Michael(Q)Matraex.com Matters concerning tariffs and regulatory affairs: Michael Blood President Phone: 208.344.1115 Fax: 208.493.3040 Email: Michael(Q)Matraex.com Matraex, Inc. Boise , Idaho Local Exchange Services Tariff Release DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines: Telephone facilities which permits access to and from the Customer s premises and the telephone exchange or serving central office. Advance Payment:A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non- recurring charges, and an estimate of the first month's recurring charges. Advance Payments will be applied to the first bill rendered by Company following implementation of services. Aaent:A business representative authorized by the Company to bring about modify, affect, accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Application: A request made in writing for telephone or other services. Authorized User: A person , firm or corporation that is authorized by the Company to be connected to the service of the Customer or joint user. Automatic Number Identification (M;ill: 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: Matraex, Inc. Customer or Subscriber: The person , firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company s regulations related to that service. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. Recurrina Charaes: 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 conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Shared:A facility or equipment system or subsystem that can be used simultaneously by several Customers. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release Small Business Service: Telephone service provided to businesses with five (5) or fewer lines. REGULATIONS Undertaking of the Company Scope 1 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2 The services offered herein may be used for any lawful purpose except that no services may be resold by Customer without explicit written agreement with the Company. 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. The services of the Company are furnished for the transmission of voice and data communications but may also be used for 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 Company s acceptance of orders for Service is subject to the availability of adequate Company Facilities and equipment The furnishing of Service under this Tariff is subject to the availability on a continuing basis of all the necessary Company Facilities and is limited to the capacity of Company Facilities, as well as facilities Company may obtain from other carriers to furnish Service. Selection of Transmission a. 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. 2.4 Notification of Service-Affecting Activities Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release b. 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. Company shall reserve to arrange hours availability in a manner requested , negotiated and agreed with the Customer. 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 Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release of the Customer. Special construction may include that construction undertaken: c. where facilities are not presently available; d. of a type other than that which the Company would normally utilize in the furnishing of its service; e. over a route other than that which the Company would normally utilize in the furnishing of its services; in a quantity greater than that which the Company would normally utilize in the furnishing of its services; g. on an expedited basis; h. on a temporary basis until permanent facilities are available; involving abnormal costs; or in advance of normal construction. k. 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. 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 perform 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 permit. Rights-of-Way Provisioning of the Company s services is subject to and contingent upon the Company s ability to obtain and maintain rights-of-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. 10 Liability NO LIABILITY SHALL ATTACH TO THE COMPANY FOR DAMAGES ARISING FROM ERRORS , MISTAKES , OMMISSIONS , INTERRPTIONS, OR DELAYS OF THE COMPANY, ITS AGENTS, SERVANTS OR EMPLOYEES , IN THE COURSE OF ESTABLISHING , FURNISHING , REARRANGING , MOVING, TERMINATING Matraex, Inc. Boise , Idaho Local Exchange Services Tariff Release OR CHANGING THE SERVICE OR FACILITIES (INCLUDING THE OBTAINING OR FURNISHING OR INFORMATION IN RESPECT THEREOF OR WITH RESPECT TO THE CUSTOMERS OR USERS OF THE SERVICE OR FACILITIES) IN THE ABSENCE OF CROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.Exculpatory 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. 11 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. 12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer s rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights , unless otherwise ordered by the Commission , court order, or statute. 13 Allowances for Interruptions in Service A credit allowance will be given for interruptions of service, subject to the provisions of th is 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 phone 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 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.within 24 hours after the report of the outage if no emergency exists. Matraex, Inc. Boise , Idaho Local Exchange Services Tariff Release 13.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. 13.1.4 If the Company does not restore service within the times required by this paragraph, the Company will credit the customer s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. 13.Limitations on Allowances No credit allowance will be made for: 13.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.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.interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 13.2.4 interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups ofcustomers. 14 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 premises 14.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. 14.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 Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. 15 Prohibited Uses The Customer shall not use or allow the use of the Company s facilities or equipment installed at the Customer s premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. 15.1 Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: a. Using service to make calls that might reasonably be expected to frighten, torment, or harass another. b. 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: c. rearranging, tampering with , or making connections not authorized by this price list to any network components used to furnish service; or d. using fraudulent means or devices, tricks, schemes false or invalid numbers, false credit devices, or electronic devices. 16 Payments 16.Customer Obligations 16.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 first of the month for which the charges apply. Amounts not paid within 25 after the date of the invoice are considered delinquent. 16.The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer except in those instances where it has been determined that the Customer s present and former employees, agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company s willful or negligent act. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release 16.Disputed Bills 16. 16. 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 of IDAPA 31.41.01.204 to challenge any billing amount due or paid to the Company. 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. 16.Payment Arrangements 16. 16. 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. In deciding on the reasonableness of a particular agreement the Company will take into account the Customer s ability to pay, the size of the unpaid balance, the Customer s payment history and length of service, and the amount of time and reasons why the debt is outstanding. Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such payments shall be applied first to the oldest undisputed balances. 16.3.4 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to enter into a second payment arrangement. 16.5 A Customer s failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and 1 + dialing Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 16.6 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. 17 Taxes, Charges , Fees In addition to the rates and charges described in this price list, the Customer may be respon~ible for payment of taxes , charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and 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. 18 Deposits 18.1 The Company will not require advance deposits. 19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant , the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: e. the reasons for denial of the service; actions the applicant may take in order to receive the denied service; and g. a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 19.Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 19.the applicant has an outstanding amount due to the Company for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 19.2 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.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.the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which have been specified by the Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release Company as necessary to and a condition for providing service to the applicant; or 19.the applicant has falsified his/her identity for the purpose of obtaining service. 19.Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer discontinue services for any of the following reasons: 19.for nonpayment of any undisputed amounts owing to the Company; 19.for services provided to premises that have been vacated by the Customer; 19.for tampering with the Company s property; 19.2.4 for violation of rules, service agreements , or filed price lists; 19.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.for fraudulent obtaining or use of service, including, but not limited to: a. providing false information to carrier the Company regarding the Customer s identity, address creditworthiness, or current or planned use of common 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 permission for one or more of the following reasons: Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release 19.1 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.Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 19.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.Misrepresentation of Identity. 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. 19.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. 19.4 Notice of Disconnection 19.4. 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 termination at least seven (7) calendar days before the proposed date of termination. The written notice will contain the information required by IDAPA 31.41.01.306. Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination , the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to tale to avoid or delay termination. Oral Notice will contain the same information as required by IDAPA 31.41.01.306. Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date , and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination, but still intends Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release to terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. 19.Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. 20 Restoration of Service 20.1 A reconnection charge shall be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 20.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. 21 Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be 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. 22 Promotions The Company may provide promotional offerings from time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates , terms & conditions of any such promotions. 23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 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. 24 Public Notice The Company shall give public notice of all proposed changes in rates. Public notice must be reasonably designed to call the attention of Customers who are affected by the changes to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release TELECOMMUNICATIONS SERVICES Application for Resale Local Exchange Services This section contains the regulations and rates applicable to the provision of Resale Local Exchange Services by Electric Lightwave , LLC. The Company will offer Resale Local Exchange Services in the U S WEST Communications, Inc. serving area. General Local Exchange Service provides the Customer with connection to the public switched telecommunications network. In addition , Resale Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Resale Local Exchange Service enables users to: (a) receive calls from other stations on the public switchedtelecommunications network; (b) access other services offered by the Company as set forth in this pricelist; (c) access certain interstate and international calling services provided by the Company; (d) access the Company s operators and business office for service related assistance; (e) access emergency services by dialing 9-1; and (f) access services provided by other common carriers which purchase the Company s Switched Access Services as provided under the Company Federal and State price lists, or which maintain other types of traffic exchange arrangements with the Company, or which accept 10XXX, 8000r other casual traffic originated through the Company s Telecommunication Services. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release Termination of Service The Customer will be billed a Termination Charge under the provisions of the regulations specified in this price list if service is discontinued by the Customer. 3.4. Telecommunication Services Descriptions3.4 3.4. 3.4. 3.4.4 3.4. 3.4. 3.4. Residential 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. Lines and Trunks 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. 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 3.4.1 Nonlisted Number Service Description Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. 3.4.2 Nonpublished Number Service Description Non-Published Service: A directory listing service wherein a Customer is not listed in the published directory or in the directory assistance database. 3.4.Vanity Numbers Description Vanity and Premium Numbers: A number which Company has determined to have a unique combination of digits. These numbers are offered to the Customer at a per number quoted rate and is based on availability. These numbers are not portable from the Company. 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 Matraex, Inc. Boise , Idaho Local Exchange Services Tariff Release 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, 9 56-901 . 3.4.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. 3.4.2 Residents of Tribal Lands may be eligible for additional federal assistance if the individual participates in one of the following federal assistance programs: 3.4.(a)Bureau of Indian Affairs general assistance 3.4.7.4 (b) Tribally administered Temporary Assistance for Needy Families; 3.4.(c) Head Start (only those meeting its income qualifying standard); 3.4.(d)National School Lunch Program s free lunch program. 3.4.Eligibility and qualification determinations will be performed according to the telecommunication provider s federal tariff and/or 47 C. F. R. Part 54. 3.4.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. Matraex, Inc. Boise , Idaho Local Exchange Services Tariff Release 3.4.Lifeline Discounts - applied to tariffed monthly recurring rates and charges for qualifying residential customers. Monthly discount (not to exceed the rate charged for the grade of subscribed residential basic local exchange service) $3. 3.4.Additional federal discounts may apply: 3.4.9 Tier 1 - Monthly service discount equal to the subscriber line charge $3. 3.4.10 Tier 2 - Monthly service discount for customers of eligible telecommunications carriers who have received non- federal regulatory approvals $1. 3.4.11 Tier 3 - Monthly service discount equal to one half of the amount of any state support up to a maximum of $1. 3.4.12 Tier 4 - Eligible residents of Tribal Lands may be eligible for discounts of up to $25. This discount may not bring the local residential rate to below $1.00 per month $25. 3.4.Linkup Discounts - applied to installation of new service including line extensions, construction of facilities, etc., but shall not apply to customer premises facilities or equipment. A service installation cost reduction of 50% up to $30. For an eligible resident of Tribal Lands, an additional reduction of up to $70 may be applied to cover 100% of the charges between $60 and $130 assessed for initiating telephone service. $70. 3.4.14 Rules 3.4.14.Applies to Telecommunication service at the principal residence of the eligible subscriber/head of household. 3.4.14.2A 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. 3.4.14.3 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. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release 3.4.14.4 Nonrecurring charges to change to or from this program because of change in eligibility status will be waived. 3.4.14.5 Lifeline service is not available for foreign exchange service. Only one line per household will qualify for ITSAP discounts. 3.4.14.6 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. 3.4.14.7When the customer is no longer eligible , the discount will be discontinued and regular tariff rates and charges will apply. 3.4.Recovery The cost of providing assistance through ITSAP shall be recovered by imposing a monthly surcharge determined by the Public Utilities Commission and assessed on each line used for providing residential and business access. Participating ITSAP customers are exempted from this surcharge. 05/1ine/month 3.4.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 Non-Recurring Charge Monthly Recurring Charge 1 st Line xx. Additional Line xx. Business Service Non-Recurring Charge Monthly Recurring Charge 1 st Line xx. Additional Line xx. Lines and Trunks Non-Recurring Charge Monthly Recurring Charge 1 Line xxx. xx xxx. Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release 4.4 Optional and Vertical features (a)Residential Non-Recurring Charge Monthly Recurring Charge Call Waiting 3 way calling Call Return Voice mail Call Forwarding Caller ID (b)Business Non-Recurring Charge Monthly Recurring Charge Call Waiting 3 way calling Call Return Voice mail Call Forwarding Caller ID Line Hunt Other Non-Recurring Charge Monthly Recurring Charge TBD Additional Line xX. Number Services Non-Recurring Charge Monthly Recurring Charge TBD Miscellaneous Charges Installation Charges Non-Recurring Charge Installation Charges X. Changes to Service Non-Recurring Charge Overtime Rates Standard installation and routine maintenance hours are during normal business hours 5 days a week. If the Customer should request after hours , weekend or holiday installation , maintenance or other services Non-Recurring Charge Overtime Rates Holiday Rates Matraex, Inc. Boise, Idaho Local Exchange Services Tariff Release Rate Changes The Company expressly reserve the right to initiate price list revisions seeking to change the applicable rates under which the Customer has obtained service during any specified service period, unless otherwise agreed upon between the Company and the Customer. 10 The Customer will be billed for, and is responsible for the amount of any monthly surcharge which a local exchange carrier and/or the Company s underlying carrier(s) may imposed on the Company for any services, or facilities used to provide services to the Customer, including but not limitied to surcharges for special access , switch access , and private pay telephone compensation. 11 Other Taxes and Surcharges The Customer will be billed for, and is responsible for payment of any other taxes surcharges , fees or assessments (excluding taxes on the Company s net income) imposed on or based upon the provision, sale or user of the Company s services.