20171205Application.pdf

T'EE,ECOMrFt
PR,OFE$SIONAL$, HNC.
REC E IVE D
?0li DIC -5 AH l0: 3r
Judith A. Rlley, J.D.12316 Hidden Foreql Flvd.
Oklahotua Citv.;Oli T0lilil: ,, : l,i;lrll-ilSSl0N
.U^aE^<d.[}-_
December 1,2017
Via UPS Overnight
Idaho Public Utilities Commission
Telecommunications Division
472W. Washington
Boise,lD 83720-0074
[phone]
r^AG -T- /7-ol
RE: Application of Magnas LLC for a Certificate of Public Convenience and Necessity
Idaho Public Utilities Commission:
Enclosed please find an original and two copies of the Application of Magna5 LLC for a
Certificate of Public Convenience and Necessity to provide Resold Iocal Exchange and Resold
Interexchange Telecommunications Services throughout the State of ldaho.
Please acknowledge this filing by file-stamping the enclosed duplicate cover letter and returning
in the self-addressed and stamped envelope provided. Please direct any questions to my
attention at (a05) 755-8L77 ext 103 or by email at mdean(dtelecompliance.net.
Respectfully
Matt W. Dean
Regulatory Agent for
Magna5 LLC
Office (405) 7s5-8177 [phone] Fax [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of )
Magna5 LLC for a Certificate )
of Public Convenience and Necessity to )
Provide Resold Basic Local Exchange )
AndResoldlnterexchangeTelecommunications )
Services throughout the State of Idaho. )
Docket No.:
APPLICATION FOR CERTIFICATION
I. Proposed Services
Magna5 LLC ("Applicant"), by the undersigned and pursuant to ldaho Code of the Public
Utilities Commission ("Commission"), hereby petitions the Commission for the issuance of a
Certificate of Public Convenience and Necessity to provide Resold l,ocal Exchange and Resold
Interexchange Telecommunications Services throughout the State of Idaho. In support of this
Application, the Applicant provides the following information:
I Form of Business
This Applicant is a foreign for-profit limited liability company formed in the State of
Delaware on October 10,2074. Magna5 LLC has permission to do business in the State of Idaho
and has attached as EXHIBIT A, the Certificate of Authority issued by the ldaho Secretary of
State, and a current corresponding Certificate of Good Standing.
Applicant maintains a principal business address at:
5445l-e,gacy Dr., Suite 180
Plano, TX 75024
Telephone : [phone]
Facsimile: none
Toll Free: 866-240-7912
Email: [e-mail]
Names and Addresses of Applicant's Officers and Directors are:
Greg Forrest, Chief Executive Officer, 5445 l*,gacy Dr., Suite 180, Plano, TX 75024
Joseph O'Hara, Chief Financial Officer, 5445l*gacy Dr., Suite 180, Plano, TX 75024
Dan Horton, Chief Informational Officer, 5445 Legacy Dr., Suite 180, Plano, TX 75024
The Applicant's parent company is Magna5 Holdings LLC, a holding company and is not
active in Idaho. Applicant has two subsidiaries, Magna5 International LLC and Magnas MS LLC,
neither of which is providing intrastate services in Idaho. An Organizational Chart has been
attached as EXHIBIT B.
III. Telecommunications Service
Magna5 LLC is a reseller of telecommunications services with no pre-paid service offerings.
The Applicant seeks to provide resold local exchange, interexchange, dedicated point-to-point
private line service, Voice over Internet Protocol ("VolP"), and dedicated Internet access to
business customers only, effective immediately upon approval of this application. The Company's
voice product offerings include local dial tone, local calling features, bundled feature packages, L+
outbound long and inbound toll free service. All services are offered over both switched and
dedicated facilities including Integrated Services Digital Network (ISDN). The Company's data
product offerings provides bandwidth starting and T-1 (I.544 Mbps) and proceeds into the high
speed optical carrier networks. AII operator services and access to 911 services will remain with the
underlying carrier. The Company will not provide alternate operator services.
ry. Service Territory
The Company intends offer competitive resold services throughout all exchanges currently
served by underlying carriers Centurylink and Frontier. As a reseller, Applicant will own no
physical property within the State of ldaho. A map of the service territories is included as
EXHIBIT C.
V. Financial Information
The Applicant possesses the requisite financial, managerial, and technical capacities to
provide the proposed services. Attached as EXHIBIT D are their 2015 and 2016 financial
statements. This exhibit is submitted in sealed envelope and filed pursuant to Idaho Code $ 9-
3a0D(1)(a)(b). Magnas LLC is not a publicly traded company, and as such, does not file financial
statements with the SEC. The statements contain sensitive financial information, which Magna5
LLC protects from disclosure. This information is not generally available to those inside the
Company without specific need-to-know, and the Company keeps it in a secure location to prevent
inadvertent disclosure. This information has not been released previously. Public disclosure of the
information would cause undue harm to Magna5 LLC and would prove detrimental to Magna5
LLC's competitive position in the marketplace; and due to the sensitive nature of this information, it
is appropriate for the Commission to limit access to the information. The confidential information
is being provided for the sole use of the Commission in exercising their respective governmental
functions by examining the Application. There is no legitimate purpose to be served in disclosing
this proprietary material to any person other than the appropriate reviewing staffs of the
Commission.
VI. "Illustrative" Tariff Filings
Attached as EXHIBIT E, is the Applicant's proposed Local Exchange Services Tariff.
Attached as EXHIBIT F, is the Applicant's Price List for Interexchange Services.
VII. Customer Contacts
Contact information for the Applicant is as follows:
Customer Inquiries/Complaints Commission Inquiries/Complaints
Sally Comstock
Tier l" Support Manager
5445[*,gacy Dr., Suite 180
Plano, TX 75024
Phone: [phone]
Fax: none
Email: [e-mail]
Joseph O'Hara
Chief Financial Officer
5445[-ngacy Dr., Suite 180
Plano, TX 75024
Phone: 2t4-932-9293
Fax: none
Email: re gulatory@magna5 global.corn
A toll free number for customers is: 866-240-7912.
Vm. Interconnection Agreements
The Applicant is not seeking interconnection with Idaho's incumbent carriers, but is
planning to opt into resale agreements with them. These resale agreements can be filed with the
Commission, upon Commission request.
IX. Compliance with Commission Rules
The Applicant has reviewed all Commission Rules of Procedure, Customer Relations Rules
and Idaho Statues and agrees to comply with all requirements. The Applicant has reviewed and
acknowledges that the Idaho Public Utilities Commission has Delegated Authority for area code
relief and that the Applicant will comply with Commission Order 30425 and any and all applicable
Rules and Regulations of the Commission. The Affidavit of Joseph O'Hara, is attached as
EXHIBIT G.
X. Statement of no Escrow Account or Security Bond
The Applicant does not collect deposits or require advance payments from Customers and
therefore respectfully requests waiver of the Commission Escrow Account and/or Security Bond
requirement.
WHEREFORE, Applicant, Magna5 LLC respectfully requests the Idaho Public Utilities
Commission grant it a Certificate of Public Convenience and Necessity to provide Resold Local
Exchange and resold Interexchange Telecommunications Services throughout the State of Idaho. In
addition, Applicant requests confidential information submitted as Exhibit D and waiver of the
Surety Bond requirements.
Respectfu lly submitted,
December 1.2017
Matt W. Dean, Regulatory Agent
On behalf of Magna5 LLC
12316 Hidden Forest Blvd.
Oklahoma City, OK 73142
Phone: [phone] xl03
Fax: [phone]
Email: [e-mail]
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
Magna5 LLC
LIST OF EXHIBITS
Idaho Secretary of State Certificate
Organizational Chart
Service Territory Map
Financials
Submitted as CONFIDENTIAL
Proposed l,ocal Exchange Services Tariff
Proposed Price List for Interexchange Services
Affidavit of Compliance
J L
State of ldaho
CERTIFICATE OF AUTHORITY
OF
x5 oPco LLc
File Number W 152257
l, I-AWERENCE DENNEY, Secretary of State of the State of ldaho, hereby
certify that an Application for Certificate of Authority, duly executed pursuant to the
provisions of the ldaho Uniform Limited Liability Act, has been received in this office
and is found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Certificate of Authority to transact business in this State and aftach hereto a duplicate of
the application for such cedificate.
Dated: May 28, 2015
SECRETARY OF STATE
Office'of the Secretary of State
.I
253
CATION FOR CERTIFICATE
OF AUTHORITY FOR FOREIGTV
LI M ITED LIAB I LITY COM PANY
(lnstructions on back of application)
1, The name of the limiled liability company is:
X5 OpCo LLC
2. lfthenameofthslimitedliabilitycompanyisnotpermissibleorisnotavailableinldaho,the
name the foreign limtted liability cornpany wilt use in ldaho ie:
3. Thejurisdictionunderwhoselawsthetimitedliabllltycompanyisformedis: DE.
4. The name and complete street address of the registered agent in ldaho is:
Co'rporatton Servlce Company 12550 W, Explorer Drive, Sulte 100, Bolse, lD 83713
5. The sfeet and mailing address otthe limited liability company's principaloffice is
1301 sth Ave, Sulle 2301, S€attle, WA 98101
Woct Add|ass
MaWng Ail*osq if difrercnl
6. The street and rnailing address of the limited tiability company's ofrice in the jurisdiction
underwhose laws it is organized is:
2711 CENTERVILLE RD SUtrE 4OO WILMINGTON, DE 19808
slrtacE_IZffiss
SECREIAIiY OT STAIT
STATE OF IDAHO
Mailtng AdcfiDss, tr dltran,
7. The name and mailing address of at least one member or manager:
GREG FORREST 1301 Sth Ave, Sulte 2301, Seattle, WAS8101
E. The maili n g add rass for future correspon dence:
1301 str Ave, Sulte 2301, Seat0e, WA 98101
9. Signature of
person
Greg Fonest
, memberorauthorized
Typcd Ng1?e
Seoretay of St t uoo only
IDAITC, SETPETART CT 5Ti.TE
t}5./2&/2tr15 tt5,: Oft
EK: PEEPAID ,,lT : 115? BIi: i4? *t X+!"1g 1u0.00 = 100.00 f.E
vu52-?-51
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State of ldaho
AMENDED CERTIFICATE OF REGISTRATION
OF
x5 oPco LLc
File Number W 152257
l, LAWERENCE DENNEY, Secretary of the State, hereby certify that an
Application for Amended Foreign Registration has been received in this office and is
found to conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Amended Certificate of Foreign Registration to reflect the name change from X5 OPCO
LLC to MAGNAS LLC and attach hereto a duplicate of the application for such
amended certificate.
Dated: September 1 4, 2016
OF STATE
(
Office of the Secretary of State
-I
SECR
214
l. Enlity name:
Ai,IENDIITENT OF FOREIGN
RE G IST RATION STATEME NT
Titlo 30, Cfiapbr 21, ldaho Code
Flling foe: i30 9ped, $50 not typed
Complgir rnd rubrnlt thr rppllcrUm in OUlEdl.
)G OpCo LLC
10|6SEP lb PH es t6
STCRTTARY OF SIATE
STATE OF II}AHO
2. The cntty neme ir sll*ndod Magna5 LLC
a. llthe nar ngme lr not avallable or permlrrlbb in ldaho, the nemc to be ussd ln ldaho ls:
3. The ently typo i! mcnded to:
E Burinet CoDorallon
E Nonpmfit Coporstjon
E Llmlted Llablllty Perfiership
fl Llmitert Llabillty Company
El Gcncral Partnerthip
El Gsnenl C@poreth/s Assocletlofl
tr Limited Partne6hp (lncludiru a limlted ll.blllty llmlted partrcnhlp
E Etatutory lrurl, Burineu Trur[ or Common-law Eurirrerr Trurl
Elotnec (trro*lE unI-ffi-loru-gr crilryFF tI
,t, The entltys lurbdlcilon h smended to;
S, The ltret and malling addiors(e.) of 'rt! prindpelolhce lr smended to:
(streetAddress)
(Mriting Addr6s, r, dltercr{,
0. Thc narne. capgclty, and m.lllng adtlrcr of thc eovamo(t) l! amGfilql to:
illagnaS Holdings LLC Member 2628 N. Harwoort Slreet, Sulte 1700. Dallas, TX75201
(Name)
Magna5 Partnes LLC
(Grpsdu)
Member
(AddietsT
555 E. Lancaster Avenue, $uil6 444, Radnor, PA 19087
(Nama;(C.p3clly)(AddrltB)
Typed N6me:Magna5 LLC, Member
SignstuI":
cepacity: Walter P. Maner, lV, Manager of Member
ID},HCI SECEETTRY C'T S?ETE
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Magna5 Structure and
Ownership
NewSpring Holdings Management
Company LLC
Ohana Holdings, LLC Carbon lnvestments LLC
NewSpring Holdings, LLC NewSpring Holdings Parallel, LLC
NewSpring Holdings
Fundco, LLC
NewSpring Holdings Parallel
Fundco, LLC
Magna5 Partners LLC
Magna5 Holdings LLC
Magna5 RTC LLC
Magna5 LLC
Magna5 MS LLCMagna5 lnternational LLC
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EXHIBIT D
Financials
Submitted sealed as CONFIDENTIAL
Mngra5 LLC and Subsidiaries
Conrolid*ted Balancs She*t
As of December 31, 1016 and 2015
{in thousands}
Current Assets
Cash
Restricted cash
Acreunts receivable, net of allowance
Prepaid and other current assets
Total current assets
Frnperty xnd equipnrent, net
Other Assets
lntangible assets, net
Gcodwill
Sther non-current a$sets
Total other amets
Tatrl assct$
Current Liabilities
Acccunts payable
{irrrent portian *f long term debt
Other accrued liabilitiEr
Total current liabilities
Long Ierm Liabilirie$
Long term deb{
0ther long term liabilities
Total long term liabilities
Unitholders' Equity
F*id in rapital
Accumulated deficit
Total unitholders' equity
To'ta llabilltler and unltholder'r cquhy
ffiEEEffiffi@EE
-E
Unaudited
2015
Audited
2015
$
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Magra5 LLC and Suhsldlaries
Concolidat d Staternent of Operations
As of Decernber 31, 3016 and 2015
{in thousands}
Revcnue
Opcratirq Exp*nrea
Costr of revsn$e
Selling. general and administrative
Trawactisn and related costs for busines: aequisitions
R*lated party management fees
Lors an impairment of assets
Depreciation and amorf ieat ion
Operatlng losc
lnterest expenss, net
Net loes
Unaudited
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,Auclited
ust5
SW $W
ffiffi ffiffi
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Magna5 ILC and Subsldiaries
Reanriliation to Earnings befort lntcrcst, Taxes, Deprecintion, and Arnortization {a non{AAP mrasure}
As of 0ecenrber 31, 1016 and 2015
{ln thousande}
Unaudited
20r5
Net losr sry
lnterest expense, net
Transactisn and related costs ftrr business acquisitions
Related party rnanagement fees
Loss on impairment of assets
Depreciatian and xmortization
EBITDA
Audited
3{I15
$
$w $ w
EXHIBIT E
Proposed l.ocal Exchange Services Tariff
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page L
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
LOCAL EXCTIANGE SERVICES TARIFF
MAGNAs LLC
This tariff is on file with the Idaho Public Utilities Commission and copies may be inspected,
during normal business hours, at Magna5 LLC,5445 Le,gacy Dr., Suite L80, Plano, TX 75024.
Magna5 LLC can also be reached at 866-240-1912 toll free.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite 180
Plano, TX 75024
OF
Issued
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 2
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
CHECK LIST
Current sheets in the Tariff are as follows:
PAGE Revision PAGE Revision PAGE Revision PAGE Revision
1
2
4
5
6
7
8
9
10
11
1,2
13
l4
15
t6
17
18
T9
20
2I
22
23
24
25
26
27
28
29
30
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
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Original
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Original
Original
31
32
33
34
35
36
3t
38
39
40
4T
42
43
44
45
46
47
48
49
50
51
* Indicates new page revision with this issue
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 3
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
TABLE OF CONTENTS
TITLE PAGE
CHECK SHEET......
TABLE OF CONTENTS..
SYMBOT.S
TARIFF FORMAT
TNTRODUCTION
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS
SECTION 2 - RULES AND REGULATIONS
SECTION 3 - DESCRIPTION OF SERVICE.
SECTION 4 _ RATES
1
12
37
47
.,.....,..,,4
5
6
7
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 4
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SYMBOI.S
Whenever tariff sheets are revised, changes will be identified by the following symbols:
(c)
(D)
(D
(M)
(N)
(R)
(r)
To signify changed regulation.
To signify deleted or discontinued rate, regulation or condition.
To signify a change resulting, in an increase to a customer's bill.
To signify material moved from or to another part of tariff with no change in text,
rate, rule or condition.
To signify new rate, regulation, condition or sheet.
To signify a change resulting in a reduction to a customer's bill.
To signify change in text but no change in rate, rule or condition.
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite L80
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 5
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
A.
B.
C.
D
TARIFF FORMAT SHEET
Page Numbering. Page numbers appear in the upper-right corner of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When
a new page is added, the page appears as a decimal. For example, a new page added
between pages 34 and 35 would be 34. 1.
Page Revision Numbers. Revision numbers also appear in the upper-right corner of the
page. These numbers are used to determine the most current page version on file with the
Idaho Public Utilities Commission. For example, the 4th revised Page 34 cancels the
third revised Page 34. Because of deferrals, notice periods etc., the most current page
number on file with the Commission is not always the tariff page in effect. Subscriber
should consult the check page for the page currently in effect.
Paragraph Numbering Sequence. There are nine levels of paragraph coding. Each level
of coding is subservient to its next higher level of coding.
2.
2.1.
2.1.7.
2. t. t.4.
2.t. t. A.1..
2.r. r. A. 1. (a)
2.1.1.A.1.(a).I
2.t.1A.1(a). 1. (i)
2.r.r .A.1.(a).1 (D (1)
Check List of Effective Pages. When a tariff filing is made with the Commission, an
updated Check List of Effective Pages ("Check List") accompanies the tariff filing. The
Check List lists the pages contained in the tariff, with a cross reference to the current
revision number. When new pages are added, the Check List is changed to reflect the
revision. All revisions made in a given filing are designated by an asterisk (*). There
will be no other symbols used on the Check List if these are the only changes made to it
(i.e., the format, etc.). The subscriber should refer to the latest Check List to find out if a
particular page is the most current page on file with the Commission.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 6
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
INTRODUCTION
This tariff ("Tariff') contains the regulations and rates applicable to the furnishing of intrastate,
common carcier, local exchange telecommunications services by Magna5 LLC ("Company")
between various locations in the State of Idaho.
The regulations governing the provision and use of services offered under this Tariff are set forth
in Section 2. Service descriptions and rates are set forth in Sections 3 and 4, respectively.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 7
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS
Certain terms used throughout this Tariff are defined below.
Authorization Code
"Authorization Code" means a numerical code, one or more of which are assigned to a Customer
to enable it to access the Services provided by the Company and to identify the Customer for
billing purposes.
Carrier
"Carrier" means a communications common carrier authorized by the Commission or the FCC to
provide communications service to the public.
Commission
"Commission" means the Idaho Public Utilities Commission.
Company
"Company" refers to Magna5 LLC, unless otherwise specified.
Credit(s)
"Credit(s)" has the meaning set forth inSection2.26.
Credit Allowances
"Credit Allowances" has the meaning set forth inSection2.26.
Credit Limit
"Credit Limit" means a credit limit placed on Customer's monthly consumption of Services
pursuant to Section 2.18.
Customer
"Customer" means the person, firm, company, corporation, or other entity who, pursuant to a
Service Order, orders Service(s) under this Tariff.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Issued
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page 8
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D)
FCC
"FCC" means the Federal Communications Commission.
Governmental Authority
'oGovernmental Authority" means any judicial, administrative, or other federal, state or
municipal governmental authority (including without limitation the Commission and the FCC)
having jurisdiction over the Company or the provision of Services hereunder.
Holidays
"Holidays" means all Company-specified holidays: New Year's Day (January 1), Independence
Day (July 4),[-abor Day, Thanksgiving Day and Christmas Day (December 25).
ICB
Individual Case Basis" or "ICB" has the meaning set forth in Section 2.35.
Interruption
"Interruption" means the disruption of, or removal of a circuit from, Service such that the Service
becomes unusable by Subscriber for a continuous period of thirty (30) minutes or more.
InterLATA Service
"InterLATA Service" means communications between a point located in a local access and
transport area ("LATA") and a point located outside such area.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 9
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D)
Local Exchange Carrier (" LEC")
I'I EC, means any person that is engaged in the provision of local exchange service or exchange
access service. However, such term does not include any person insofar as such person is
engaged in the provision of commercial mobile radio service.
[.ocal Access and Transport Area ("LATA")
"L-ocal Access and Transport Atea" or "LATA" means a geographical area established by the
U.S. District Court for the District of Columbia in Civil Action No. 82-0192, within which a
LEC provides communications service.
Minimum Service Period
"Minimum Service Period" (or "MSP") means the minimum period of time during which
Customer takes Services under this Tariff.
NP
Number Portability - a service arrangement that allows a Customer to retain its telephone
number when switching to another service provider.
Other Providers
"Other Providers" means any carriers or other service providers, whose services or facilities are
connected to the Services.
Performance Failure
"Performance Failure" means any disruption, degradation, or failure of Service, including
without limitation any Interruption (but excluding Scheduled Interruptions), any installation
failure or delay, or any mistake, delay, omission, error or other defect in the Service or in the
provision thereof.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445I-egacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 10
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D)
Resulation(s)
"Regulation(s)" means any and all law(s), rule(s), regulation(s) (including without limitation
those set forth in this Tariff), order(s), policy or policies, ruling(s), judgment(s), decree(s) or
other determination(s) which are made by the Commission or any other Governmental Authority
or which arise under any federal, state, or local statute, utility code, or ordinance, and which are
applicable to the Services or to any provision of this Tariff.
Resale Tariff(s)
"Resale Tariff(s)" means the tariff(s) of one or more Underlying Carriers.
Scheduled Interruption
"Scheduled Interruption" means an Interruption which has been scheduled by the Company in
advance for maintenance, testing, or other administrative purposes.
Service(s)
"service(s)" means the Company's regulated, communications common carrier service(s)
provided under this Tariff.
Service Commencement Date
"Seryice Commencement Date" means either (i) the first day following the date on which the
Company notifies the Customer that the requested Service is available for use, (ii) in the event
Customer lawfully refuses to accept such Service, the date of Customer's acceptance of such
Service, or (iii) another, mutually agreed upon date.
Service Order
"Service Order" means (i) a contract between the Company and Customer, or (ii) a Company
designated form used from time to time by Customer for purposes of ordering Services
hereunder.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite L80
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 11
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D)
Subscriber
"Subscriber" means a person, firm, company, corporation, or other entity that is authorized by
the Customer to use Service under this Tariff.
TDD
TDD" means a Telecommunications Device for the Deaf.
Termination (Terminate)
"Termination" (or "Terminate") means discontinuance of (to discontinue) Services, either at
Customer's request, or by the Company in accordance with Regulations.
Third Party Billing Companies
"Third Party Billing Companies" means, collectively, ofly clearinghouses, LECS, Other
Providers, credit card companies or other third parties who bill Customers for Services on the
Company's behalf.
Underlying Carrier(s)
"Underlying Carrier(s)" means the LEC(s) or other Carrier(s) whose services are resold or leased
by the Company pursuant to this Tariff.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445I-egacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 72
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS
2.1 Undertaking of the company
2.L.L Obligation to Provide Service
The Company shall exercise its best efforts to provide Services to Subscribers
pursuant to the terms and conditions of this Tariff. The company shall exercise
reasonable efforts to make such Services available for Subscribers'use on either
the installation date set forth in a Service Order (or, if no date is specified) as soon
as practicable after execution of a Service Order, subject to Customer's
compliance with Regulations. [n addition to the Service Order, Customer shall
also execute such other documents as the Company may reasonably require. In
the event of a conflict or inconsistency between (i) the terms of a Service Order
(or of any other document executed by the Customer) and (ii) those of this Tariff,
the latter shall govern.
2.L.2 Conditions to Company's Obligations
The obligations of the company to provide services are subject to the following:
(i) availability, procurement, construction, and maintenance of facilities required
to meet the Service Order; (ii) the provision of Services to the Company for
Resale by the Underlying Carrier; (iii) interconnection to Other Providers'
services or facilities as required; and (iv) any applicable Credit Limit.
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445lrgacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page 13
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTTON 2 - RULES AND REGULATIONS (CONT'D)
2.I Undertaking of the company (Cont'd)
2.1.3 Right to Discontinue or Block Services
The Company reserves the right (i) to discontinue or temporarily suspend Services
to or from a location where the necessary facilities or equipment are not available
under terms and reasonably acceptable to the Company; or (ii) to block Services to
any Subscriber location or any authorization Code, without any liability
whatsoever, in the event that the Company detects or reasonably suspects either (a)
fraudulent or unlawful use of the Services at or by means of said location or
Authorization Code, or (b) consumption of Services in excess of the Credit Limit (if
any).
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-e,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page 74
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
2.2 Responsibility and Use
2.2.t Services may be used by Customer or Subscriber for any lawful purpose, twenty
four (24) hours per day, seven (7) days per week, subject to the terms and
conditions set forth herein and in any applicable Service Order. Customer is
solely responsible for (i) prevention of unauthorized, unlawful or fraudulent, use
of or access to Services, which use or access is expressly prohibited; and (ii)
administration and non-disclosure of any Authorization Codes provided by
Company to Customer.
2.2.2 Although the Company reserves all rights to any telephone number assigned to a
customer for local service, the customer has the right to port any number to another
carrier. At all times, the Company will comply with all Federal Local Number
Portability guidelines.
2.3 Transmission
The Services are suitable for the transmission of voice, data, or other communications
only to the limited extent set forth in the Tariff(s).
2.4 Call blocking
Notwithstanding any other provision of this Tariff, the Company may block calls which
are (i) made to certain countries, cities, or central office ("NXX") exchanges, or (ii) use
certain Authorization Codes, as the Company, in its sole discretion, deems reasonably
necessary to prevent unlawful or fraudulent use of Services.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445l-egacy Dr., Suite 180
Plano, TX 75024
Issued:
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 15
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
2.5
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Interconnection
2.5.1 Services or facilities furnished by the company will be connected with services or
facilities of Other Providers subject to any technical limitations set forth in said
Other Providers' tariffs (if any); provided, however, Service furnished by the
company is not part of a joint undertaking with any Other Provider.
2.5.2 Interconnection with the facilities or services of Other Providers is subject to (i)
the availability of said Other Providers'facilities; and (ii) the applicable terms and
conditions of the other Providers' tariffs (if any). Customer shall be solely
responsible for satisfying all legal requirements for interconnecting Customer
provided terminal equipment or communications systems with Other Providers'
facilities, including, without limitation, application for all licenses, permits, rights
of-way, and other arrangements necessary for such Interconnection. Satisfaction
of all legal requirements, any interface equipment or any other facilities necessary
to interconnect the facilities of the Company and Other Providers must be
provided at the Customer's sole expense.
Issued Effective:
By: Joseph O'Hara, Chief Financial Officer
5445le,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 16
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
2.6 Equipment
2.6.1 The company's facilities or Services may be used with or terminated to Customer
Premises equipment ("CPE"), such as a private branch exchange, key system or
pay telephone. CPE is the sole responsibility of the Customer and the Company
has no responsibility whatsoever for the installation, operation, and maintenance
of such CPE. The Customer is solely responsible for all costs of installing,
maintaining or repairing CPE, including without limitation personnel charges,
wiring costs, and costs associated with routing of electrical power, incurred in the
attachment to and use of the Company's facilities or Services.
2.6.2 The Customer is responsible for ensuring that all attached CPE conforms to the
Federal Communications Commission's registration requirements set forth in Part
68 of the Code of Federal Regulations (as amended), and the Company may
discontinue the provision of Services to any location where CPE fails to conform
to such Regulations.
2.6.3 The Customer will be responsible for payment of service charges at the
Company's standard, hourly rates in effect from time to time for visits by
Company personnel to the Customer's premises in response to any Service
difficulty or trouble report determined to be caused, in whole or in part, by the use
of any CPE, Services, facilities, or other equipment which is not provided by the
Company.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite 180
Plano, TX 75024
Issued:
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 17
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.7 Title
Title to any and all equipment or facilities provided by Company under this Tariff will
remain in the Company.
2.8 Customer Premises
Customer shall provide, without cost to Company, all equipment, space, conduit, and
electric power required to terminate the Services at the Subscriber's premises. The
Customer shall arrange for the company, or other Carriers as required, to leave access to
the Subscriber's premises at all reasonable times for purposes of Service installation,
Termination, inspection and repair. Customer shall be solely responsible for any damage
to or loss of Company equipment while on the premises of Subscriber, unless such
damage is caused by the negligence or willful misconduct of the Company, its employees,
subcontractors or agents.
2.9 Non-routine maintenance and installation
At the Customer's request, the Company will perform installation or maintenance on
weekends or times other than during normal business hours; provided, however, customer
may be assessed reasonable, additional charges based on the Company's actually incurred
labor, material or other costs for such non-routine installation or maintenance. Said non-
routine maintenance and installation will be subject to availability to Company by
contract providers.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445l*,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 18
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.10 Interruption
The Company, without incurring any liability whatsoever, may make Scheduled
Interruption at any time (i) to ensure compliance by the Customer or Subscriber with
Regulations (including without limitation the provisions of this Tariff), (ii) to ensure
proper installation and operation of the Customer's and the Company's equipment and
facilities, (iii) to prevent fraudulent use of or access to the Services, or (iv) to perform any
other maintenance, testing or inspection reasonably required for the provision of Services
hereunder.
2.ll Service commencement and acceptance
Billing for Services will commence as of the Service Commencement date. The
Company shall notify the Customer when Services ordered pursuant to an accepted
Service Order are ready for use. Customer may refuse to accept such Services only if
such Services fail to substantially comply with the specifications (if any) therefore set
forth in the Service Order or in this Tariff.
2.72 Minimum Service Period
The Minimum Service Period ("MSP") will be for the term specified in the applicable
Service Order, which term must be no less than thirty (30) days. Except as otherwise
provided in the Service Order, (i) this MSP will automatically renew for subsequent
terms of equal duration, and (ii) either the Company or the Customer may elect not to
renew any MSP by written notice to the other no later than thirty (30) days prior to the
expiration date of said MSP.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l*,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 19
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.13 Service Order Cancellation
Customers who cancel a Service Order prior to Service installation (including without
limitation cancellation of special construction or Services provided on an individual case
basis will incur a charge equal to the greater of (i) the non-recurring charges for the MSP,
or (ii) the company's reasonably incurred, actual expenses associated with such
cancellation..
2.14 Billing and Payments
2.14.1Except as otherwise limited by Regulation, Customer shall be responsible for
payment of all charges, whether authorized or not, for any and all use of or access
to Services provided to Subscribers, including without limitation any
unauthorized, unlawful or fraudulent use or access.
2.74.2 All amounts stated in each monthly invoice are due and payable immediately upon
Customer's receipt thereof.
2.14.3 Except as otherwise provided in this Tariff, charges for Services will be billed to
Customer on a monthly (30 day) basis. l,ocal service charges, including
installation charges, are billed in advance. Certain toll charges and NRCs are
billed in arrears.
2.14.4 Charges for telecommunications Service will be billed to Customer on a monthly
(30 days) basis, in advance, 20 days before the due date for the following month's
service. Customer's Service will be discontinued if the amount stated on the
monthly invoice is not paid in full by 5:00 p.m. on the 10th day of the month
following the due date. Customers may pay their monthly bills with a casher's
check, money order, cash, money gram, credit card or ACH payment directly to
the Company or at an authorized agent of the Company.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445le,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 20
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.t4 Billing and Payments (Cont'd)
2.14.5 Except as otherwise provided in this Tariff, the Company, at its sole Option, may
Terminate Services in the event Customer fails to pay any invoice within thirty
(30) calendar days after the due date stated thereon, subject to ten (L0) business
days prior written notice and at least twenty-four (24) hours notice as well as to
any other applicable Commission Regulations provided.
Termination of Services by the Customer or the Company for any reason
whatsoever will not relieve Customer of its payment obligations for all Service
charges incurred by Customer through the date of Termination.
Any invoice for Services not disputed in writing by Customer within ten (10) days
after receipt thereof is to be deemed conclusively correct and binding upon the
Customer; provided, however, Customer will have the right to Obtain Commission
investigation of any disputed invoice before Service is disconnected in accordance
with Regulation.
2.15 Late Payment
If the customer's invoice is not paid in full by 5:00 p.m. on the 10th day of the
month following the due date the customers account will be charged a $20.00 late
payment fee.
2.16 Deposits
The Company does not require deposit to secure service
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445L-e,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 21
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.L7 Advance Payments
2.t7.L Recurring Advance Payments
The Company will not require any Customer to make an advance payment.
2.17.2 Non-Recurring Advance Payments
The Company will not require any Customer to make an advance payment.
2.18 Credit Limit
The Company may, at any time, set a Credit Limit for any Customer's or Subscribers'
consumption of Services for any monthly period if determination has been made that
there is a need for a Credit Limit to be established. Customers will be notified in writing
of a need for credit limit.
Such a Limit will be based on average monthly usage for a total of two months. Charges
for local access to 911 services are not included in amounts established for Credit Limit
purposes.
The determination of need of a Credit Limit is based on
A Customer who in the last twelve (12) months has had service
disconnected either from The Company or from another utility;
If a Customer exceeds an agreed upon a usage amount for a period of two
(2) months.
2.19 Taxes
The Customer is responsible for payment of any and all state taxes or surcharges,
including without limitation franchise fees, excise taxes, sales taxes, or municipal utilities
taxes. All such taxes and surcharges will be billed by the Company as separate line items
on Customer's invoice and are not included in any rates set forth in this Tariff.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite 180
Plano, TX 75024
A.
B.
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 22
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 . RULES AND REGULATTONS (CONT'D)
2.20 Discontinuation
2.20.1 By Company
Notwithstanding any other provision of this Tariff, the Company may at its sole
option and discretion Terminate Service without incurring any liability therefore
whatsoever, subject to (i) no less than five (5) business days prior written notice
or such other notice period required by Regulation, and (ii) any applicable
Regulations, for any of the following reasons:
By order of a Governmental Authority;
In the event of any unlawful, unauthorized or fraudulent use of or access
to the Services, including without limitation violation of the provisions of
this Tariff, a Service Order, or of any other Regulations, by the Customer,
by any Subscriber, or by any other person;
Customer's use of Services in excess of its Credit Limit (if any) or its
failure to make an advance payment (if so required) for Services provided
hereunder; or
Customer's provision of false or misleading information in its Service
Order or in any other document delivered by Customer to the Company.
2.20.2 By Customer
The Customer may Terminate Service upon thirty (30) days prior verbal notice,
provided however, that Customer, upon Termination of Services prior to the end
of the MSP for any reason whatsoever, will be charged the full amount for all
nonrecurring Charges applicable to the remainder of said MSP.
A
B
C
D
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 I.e,gacy Dr., Suite L80
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 23
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.2L Restoration of Services
The Company shall restore any Terminated Service in accordance with Commission
Regulation, including but not limited to charging the Customer a reconnection fee as set
forth in Section 4.2.
2.22 Limitation of Liability
2.22.1 Except as caused by its willful misconduct or negligence, the Company's liability
with respect to any action, claim, judgment, damages, demand, liability or
expense, (including without limitation reasonable attorney's fees) (i) brought or
incurred by Customer, by any Subscriber, or by any other party in connection
with the installation, provision, preemption, termination, maintenance, repair or
restoration of Service (including without limitation 9lL Service and Directory
Listing Service) or (ii) arising from any Performance Failure, will in no event
exceed an amount equal to the Service charges incurred by Customer for the
month during which the Service was affected. Such amount will be in addition to
any amounts that may otherwise be due Customer as Credits or Credit Allowances
pursuant to the provisions of Section 2.26 hereof.
2.22.2 To the extent permitted by any applicable Regulation, the Company's liability for
negligence will also be limited to the amounts described in Section 2.22.1Hereof.
2.22.3 To the extent permitted by any applicable Regulation, the Company's liability for
gross negligence will also be limited to the amounts described in Section 2.22.1
hereof.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 24
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.22 Limitation of Liability (Cont'd)
2.22.4 In no event will the Company be liable for loss of profits (even if the Company
has been advised of the possibility of such loss) or for any indirect, incidental,
special, consequential, exemplary or punitive damages whatsoever arising,
directly or indirectly, from or in connection with the provision of Services
(including 9LL Service and Directory Listing Service) hereunder.
2.22.5 Except as caused by its willful misconduct or negligence, the Company will not
be liable for defacement of or damages to Subscribers' premises or for any
personal injury or death arising, directly or indirectly, from the furnishing of
Services (including 911 Service and Directory Listing Service), including without
limitation the installation or removal of any facilities, equipment or wiring
associated therewith. Customer is solely responsible for connecting any and all
apparatus, equipment and associated wiring on Subscribers' premises to the
Services, and no other Carrier or third party engaged in such activity is to be
deemed to be an agent or employee of the Company.
2.22.6 Any action or claim against the Company arising from any of its alleged acts or
omissions in connection with this Tariff will be deemed waived if not brought or
made in writing within-sixty (60) days from the date that the alleged act or
omission occurred.
2.22.7 The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes that
it is a court's responsibility to adjudicate negligence and consequential damage
claims. [t is also the court's responsibility to determine the validity of the
exculpatory clause.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Issued
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 25
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.23 Disclaimer
The Company will have no liability whatsoever to Customer, its employees, agents,
subcontractors, or assignees, or to any other person for (i) damages arising out of any
Underlying Carriers'or Other Providers'Performance Failure, (ii) any act or omission of
any third party furnishing equipment, facilities or service to any Subscriber in connection
with this Tariff or with the Services, or (iii) any other act or omission of any Other
Provider, Subscriber or third party related to the use or provision of Services hereunder.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE FOR OR IN CONNECTION WITH THE USE OR PROVISION OF
SERVICES PROVIDED HEREUNDER.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445I-egacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page26
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.24 Indemnification
Subject to the limitations of liability set forth in Section 2.22 hereof, the Company and
the Customer shall defend, indemnify, and hold each other harmless from and against
any, and all actions, claims, judgments, damages, demands, liabilities, and expenses,
including without limitation reasonable attorney's fees, resulting from Injury to or death
of any person (including Injury to or death of their employees) or from the loss of or
damage to tangible real or tangible personal property or to the environment, to the extent
that such Injury, death, loss or damage was proximately caused by any negligent act or
omission on the part of the party from whom indemnity is sought, its agents, employees,
subcontractors or assignees, in connection with use of the Services. The indemnifying
party under this Section2.24 shall defend the other at the other's request against any such
action, liability, claim or demand. The party seeking indemnification under this Section
2.24 must notify the other promptly of written claims or demands for which the
indemnifying party is responsible hereunder. The Company and the Customer, as the
case may be, shall cooperate fully with the other in the course of such indemnification,
and the indemnifying party shall control such defense and the right to litigate, settle,
appeal (provided it pays the cost of any required appeal bond), compromise or otherwise
deal with any such claim or resulting judgment, provided that such settlement,
compromise or other resolution of said claim does not result in any liability to the
indemnified party.
2.24.1 The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes
that it is a court's responsibility to adjudicate negligence and consequential
damage claims. It is also the court's responsibility to determine the validity of the
exculpatory clause.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l*gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 27
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.25 Indemnification by Customer
Customer shall defend, indemnify and hold the Company (together with its officers,
directors, employees, and agents) harmless from any and all actions, claims, judgments,
damages, demands, liabilities, and expenses, including without limitation reasonable
attorney's fees, arising from or in connection with:
2.25.1 Libel or slander resulting from Subscriber's use of the Services;
2.25.2 Any loss, damage, or destruction of any property or any personal injury (including
death) not due to the Company's negligence or willful misconduct and caused,
directly or indirectly, from the installation, operation, or other use (or failure to
use) of the Services or any Company supplied facilities (i) in combination with
the services or equipment supplied by the Subscriber or any third party, or (ii) in
an explosive or otherwise hazardous environment;
2.25.3 Infringement of any patent, copyright, trademark, trade name, service mark or
Trade secret arising from: (D the transmission of any material transmitted (a) By
any Subscriber of (b) bV any other person using the Services provided to any
Subscriber, Subscriber location or Authorization Code; or (iD from the
combination Subscriber's use of Services with CPE or with other Subscriber
provided facilities Or services; and
2.25.4 Except as otherwise provided by applicable Regulation, ony unauthorized,
unlawful, or fraudulent use of or access to the Services provided to Subscribers.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 28
LOCAL EXCHANGE TELECOMMUNTCATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.26 Credits and Credit Allowances for Interruptions in Service and/or Service Outages
2.26.7 The Company will maintain appropriate methods in order to offer service under
safe and adequate conditions to minimize service interruptions and service
outages.
2.26.2 A Customer will be eligible for credit(s) to the fixed charges, if any, for interruptions,
which last twenty-four (24) hours or more per month; and for Service Outages
or the ratio of the hour(s) for which the outage remains. Credits are calculated
by multiplying the monthly recurring rate (if any) for the affected Service by the ratio
that the number of hours the Interruption bears to 720 hours. For the purpose of this
computation, each month is deemed to leave 720 hours.
A.Commitments to customers for repair service shall be in accordance with
IDAPA 31.41.01.503. Every attempt will be made to fulfill repair
commitments to Customers. Customers shall be notified of unavoidable
delays and/or changes in appointments or commitments in a timely
manner. Failure on the part of The Company shall not relieve the
Company of obligations to provide credit(s) to a Customers bill. The
Company will not be obligated to apply credit(s) if The Company makes a
commitment or appointment to resolve trouble reports and the Customer
fails to keep the original arranged commitment or appointment.
B.If a Customer causes the Customers own interruption or service outage or
does not make reasonable effort to arrange for the appropriate resolution
with the Company, or if the Company determines the interruption or
service outage is attributable to the Customer's own equipment and or
actions, the Company shall not be required to provide the Customer with
any credit(s) described in preceding paragraphs of this tariff section and
contained herein.
C.The Company shall comply with all trouble report Compliance Standards
as outlined in IDAPA 31.41.01.503.01 and 31.41.01.503.02 and all
notification requirements outlined in IDAPA 31.41.0L.502.0L
Issued Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-egacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page 29
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.27 l-ocal Calling Area
The Company will provide Services from all exchanges of its Underlying Carrier, in
conformance with the Company's existing local exchange boundary maps as approved by
the Commission.
2.28 Access to Telephone Relay Service
Where required by the Commission, the Company will participate in telephone relay
services for handicapped or hearing impaired Customers, and will comply with all
regulations and requirement related thereto.
2.29 Compliance
The Company and Customer shall (and Customer shall cause Subscriber to) comply with
all Regulations.
2.30 Force Majeure
The Company is excused from any performance failure due to causes beyond its
reasonable control, including but not limited to acts of God, fire, floods, other
catastrophes, insurrections, national emergencies, wars, strikes, work stoppages or other
labor disputes, unavailability of rights-of-way, disconnection or unavailability (through
no fault of the Company) of any Underling Carriers' facilities or services, or any
Regulation or other directive, action or request of any Governmental Authority.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 30
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
AND REGULATI N ,D
2.3L Full Force and Effect
Should any provision or portion of this Tariff be held by a court or administrative agency
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions
of this Tariff will remain in full force and effect.
2.32 Cooperation
Customer shall cooperate with the Company to the extent necessary for the Company to
discharge its obligations hereunder and as reasonably requested by the Company.
2.33 Governing Law
This Tariff is to be governed by and construed in accordance with the rules and orders of
the Commission and the laws of Idaho.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445[-ngacy Dr., Suite 180
Plano, TX 75024
Issued
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 31
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.34 Assignment
2.34.1 By Customer
The Customer may not transfer or assign its rights or obligations associated with
any Service Order without the Company's prior written consent. The Company
will permit a Customer to transfer its Service to another party only upon payment
of all Charges due through the date of transfer. Such a transfer will be treated as a
discontinuation, followed by an installation of new Services, subject to any
applicable installation or other non-recurring Charges.
2.34.2 By Company
The Company may, in accordance with Regulations, assign its rights or delegate
its obligations under this Tariff to any affiliate or successor in interest.
Issued Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l*gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page32
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
2.35 SpecialConstruction
At its option, the Company may provide Customers, upon request, special construction of
facilities or Services on an individual case basis ("ICB") at rates other than as set forth
herein. Special construction of ICB is construction undertaken.
2.35.1 Where facilities are not presently available, and there is no other provision
hereunder for the facilities to be constructed;
2.35.2 Where facilities other than those which the Company provides are requested by
the Customer;
2.35.3 Where facilities are requested by the Customer over a route other than that which
the Company serves;
2.35.4 When Services are requested in a quantity greater than that which the Company
would normally provide to a Customer;
2.35.5 Where Services are requested by a Customer on an expedited basis; or
2.35.6 Where Services or facilities are requested on a temporary basis until such Services
or permanent facilities are available.
The Charges for special construction or ICB (i) are subject to individual
negotiation between the Company and the Customer, (ii) will be based upon the
Company's actually incurred labor, material and other costs, and (iii) may include
without limitation recurring, nonrecurring, and early termination Charges.
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445[*gacy Dr., Suite 180
Plano, TX 75024
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 33
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Customers may contact the Company's representatives 24 hours a day, 7 days a week at
866-240-7912 or by writing the Company at 5445 l-egacy Dr., Suite 180, Plano, TX
75024.
Any objection to billed charges should be reported within thirty (30) days of the date of
the invoice to the Company. Adjustments to Customers' bills shall be made to the extent
that records are available and/or circumstances exist which reasonably indicate that such
charges are not in accordance with approved rates or that an adjustment may otherwise be
appropriate. A Customer who is unable to resolve a billing dispute with the Company
may request that the Commission intervene in the billing dispute. Customers may contact
the Commission at the following address:
The Idaho Public Utilities Commission
472 W est Washington Street
Boise, ID 83702
Toll Free 7-800-377 -1363
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445I*gacy Dr., Suite 180
Plano, TX 75024
2.36 Customer Complaints and/or Billing Disputes
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 34
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 3 - DESCRIPTION OF SERVICE
3.1 [,ocal Exchange Service
Basic local exchange services are provided by the Company through resale of local
exchange access and local exchange services provided by an Underlying Carrier. The
Company's Services consist of (i) Residential Telecommunications Service, (ii) Business
Telecommunications Service, (iii) Optional Features, (iv) access to Directory Listing
Services, and (v) access to 911 services.
3.1.1 Switched local Service
Switched l,ocal Service is an intrastate, telecommunications service which
permits Customers to establish communications between two locations within one
local exchange. Switched l.ocal Service interfaces with the local central office
equipment.
Switched [-ocal Service provides a Customer with a single, voice-grade
communications Channel, including a telephone number and a Directory Listing.
The Company's Service permits a Customer to: (i) place calls within the lncal
Calling Area; (ii) access 911 Service if available in the Customer's l.ocal Calling
area; (iii) originate calls to direct dial (1+) or (0+) toll services. The Company's
Service does not permit a Customer to originate calls to caller paid information
services (i.e., 900, 976, andTll).
The Company will charge a Customer applicable Non-Recurring Charges,
monthly Recurring Charges, and Usage Charges as specified in Section 4.
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 35
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 3 - DESCRIPTION OF SERVICE
3.1 l.ocal Exchange Service (Cont'd)
3.1.2 Dedicated I-ocal Service
Dedicated [-ocal Service is an intrastate, telecommunications service which
permits Customers to establish communications between two locations within one
local exchange. Dedicated l,ocal Service interfaces with the local central office
equipment.
Dedicated [.ocal Service can be provisioned to provide a Customer with a
multiple, voice-grade communications Channels, including telephone numbers
and a Directory Listings. The Company's Service permits a Customer to: (i) place
calls within the l.ocal Calling Area; (ii) access 911 Service if available in the
Customer's l,ocal Calling area; (iii) originate calls to direct dial (1+) or (O+) toll
services. The Company's Service does not permit a Customer to originate calls to
caller paid information services (i.e., 900,976, and 711).
The Company will charge a Customer applicable Non-Recurring Charges,
monthly Recurring Charges, and Usage Charges as specified in Section 4.
Dedicated Local Service can be provided via Digital Subscriber lrvel 1 (DS1),
Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI), Digital
Subscriber lrvel 3 (DS3), Optical Carrier [rvel 3 (OC3), Optical Carrier [rvel
12 (OC72), and Optical Carrier lrvel 48 (OC48).
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445le,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 36
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 3 - DESCRIPTION OF SERVICE
3.1 Local Exchange Service (Cont'd)
3.1.3 t-ocal Integrated Services Digital Network (ISDN) Primar), Rate Interface (PRI)
The ISDN PRI Port provides a DS1 level electrical interface to the local switch
for the provision of 24 DSO 64 Kbps channels. The base configuration consists of
23 64 Kbps B channels for end user voice and/or data traffic and one 64 D
channel for out of band signaling control of the B channels. The Primary Rate
ISDN Port provides access to the functions and capabilities of the local switch
data functions. The full complement of channels will always be present at the
physical network interface. All channels can simultaneously support independent
applications. B channels are capable of supporting Voice and Circuit Switched
Data. The D channel controls all B channels Voice and Circuit Switched Data.
Long distance usage generated from a l.ocal ISDN PRI will be considered
switched.
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
54451-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 37
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
3.t [,ocal Exchange Service (Cont'd)
3.1.4 [rased Line Service
The Company offers and leased line services capable of transmitting voice and
data. The Customer's total use of the Company's service is charged at the
applicable rates set forth herein, in addition to any monthly service charges. None
of the service offerings are time-of-day sensitive.
For leased line telecommunications services, the Company offers rates on a
"month to month" basis, and on a term agreement contract basis. Rates are based
on a number of factors, including mileage and Customer commitment to a volume
of service for a fixed term of months.
Irased Line Services are available from the Company, where technically and
economically feasible.
A leased line is a private, dedicated point-to-point connection between a
Company POP and another point on the Company's network specified by the
Customer. lrased Line service is provided to Customers with transmission
speeds of either DS1 (1.544 Mbps), DS3 (44.736 Mbps), OC3 (155.52 Mbps),
OClz(622.08 Mbps) and OC48 (2,488.32 Mbps).
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 38
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 3 - DESCRIPTION OF SERVICE (CONT'D)
3.1 l,ocal Exchange Service (Cont'd)
3.1.5 Unlimited Domestic [ong Distance
Selected Residential Plans may include unlimited domestic long distance.
Unlimited long distance includes voice calls by residential customers to all fifty
states. Data, business calls and internet access calls are not included. Residential
use is considered to be 2000 minutes or less per month. Any residential customer
on this plan that uses more than 2000 minutes per month for more than one
consecutive month will have their service suspended.
3.1.6 Standard Features
Each Customer is provided with only local exchange service unless
subscribing to a plan that includes long distance as described herein below.
3.1.7 Optional Features
Customers may select from the following optional features: (i) Anonymous Call
Reject, (ii) Call Block, (iii) Call Forwarding, (iv) Call Return; (v) Call Trace; (vi)
Call Waiting; (vii) Caller ID (viii) Speed Dial; (ix) Three Way Calling; ( x)
Unpublished Number; and (xi) Voice Mail.
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
54451-e,gacy Dr., Suite L80
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 39
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
-D
3.L [,ocal Exchange Services (Cont'd)
3.1.8 Optional Feature Descriptions
Anonymous Call Reject
This service allows customers to automatically stop certain calls from ringing
their phone. These calls are restricted calls or those that would be reflected as
"Private" on the customer's caller id. This option is only available when
purchasing a service bundle.
Call Block
The Subscriber may block incoming telephone calls from unwanted calls by
dialing a two digit code.
Call Forwarding
The Subscriber may direct incoming calls to the Customer's telephone number to
be routed to a Subscriber-defined telephone number.
Call Return
The Subscriber may return the last call to the Customer's telephone number by
dialing a one or two-digit code.
Call Trace
This service permits the tracing of the last call received and holds the information
for an authorized law enforcement agency.
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445\-e,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 40
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
3.1
SECTION 3 - DESCRIPTION OF SERVICE (CONT'D)
[.ocal Exchange Services (Cont'd)
3.1.8 Optional Feature Descriptions (Cont'd)
Call Waiting
A tone signals the Subscriber to indicate that another call is waiting. The
Subscriber can answer the second call by flashing the switchook or by hanging up
the phone.
Caller ID
The Subscriber may view on a display unit the telephone number and name of
incoming telephone calls.
Soeed Dial
The Subscriber may call pre-selected, pre-programmed telephone numbers by
dialing a one or two-digit code. This option is only available when purchasing a
service bundle.
Three Way Calling
The Subscriber may sequentially call up to two other Customers' telephone
numbers and add the calls together making a three way call.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-egacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 4I
LOCAL EXCHANGE TELECOMMUNICATTONS SERVICES
3.t
SECTION 3 - DESCRIPTION OF SERVICE (CONT'D)
[,ocal Exchange Services (Cont'd)
3.1.8 Optional Feature Descriptions (Cont'd)
Unpublished Number
The Customer may refuse a listing of its name, street address, and telephone
number in the telephone directory published by the dominant exchange service
provider in the customer's exchange area.
Voice Mail
The Subscriber will have a private voice mail messaging system which will allow
them to create a personal greeting, play messages and save or delete messages.
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445[*gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 42
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTTON 3 - DESCRIPTION OF SERVICE (CONT',D)
3.2 Directory Listing Service
3.2.1 The Company will provide Customer a single directory listing consisting of the
Customer's name, Customer's street address, and Customer's telephone number
which is designated as the Customer's main billing number, in the telephone
directory published by the dominant exchange service provider in the Customer's
exchange area.
3.2.2 The Company may limit the length of any listing in the directory by the use of
abbreviations when in its sole discretion, the clearness of the listing or the
identification of the Customer is not impaired thereby.
3.2.3 The Company may, in its sole discretion, refuse a listing (i) that does not
constitute Customer's legally authorized or adopted name, (ii) that contains
obscenities in the name, (iii) that is likely to mislead or deceive calling persons as
to the identify of the listed party, (iv) that is a contrived name used for advertising
purposes or used to secure a preferential position in the directory, or (v) that is
more elaborate than reasonably necessary to identify the listed party. The
company will notify the Customer prior to withdrawing any listing which is found
to be in violation of this subpart.
3.2.4 In order for listings to appear in a directory, a Customer must furnish the listing to
the Company in time to meet the directory publishing schedule.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 43
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTTON 3 - DESCRTPTTON OF SERVICE (CONT',D)
3.3 911 Emergency Service
3.3.1 91.I Service permits Customers to reach appropriate emergency services
including police, fire and medical services.
3.3.2 The Company undertakes no responsibility to inspect or to monitor 9LL Service
facilities to discover errors, defects, or malfunctions in 911 Service.
J.J.J Upon the Company's transmittal of a Customer's 9l I Service record, including
The Customer's name, address and telephone number, to the appropriate Public
Safety Agency, such agency is solely responsible for the accuracy of the
Customer's Street name, address, telephone number, appropriate police, fire,
ambulance or other agencies' jurisdiction over such address, as well as any and
all changes as they occur in the establishment of new streets, the closing or
abandonment of existing streets, the modification of municipal or county
boundaries, the incorporation of new cities or any other similar matter that may
affect the routing of 911 service calls to the proper Public Safety Answering
Point.
3.3.4 By dialing 911, the 911 Service calling party waives all privacy rights afforded by
non-listed and non-published Service to the extent that the Customer's telephone
number, name, and address associated with the originating station location are
furnished to the Public Safety Answering Point.
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445\-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 44
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 4 - RATES
4.1, Return Check Charge
The policy of the Company will be to accept checks on a discretionary basis with a return
check charge of twenty dollars.
4.2 Reconnection/ActivationFee
A charge of $50.00, or the applicable statutory charge for reconnection of Service (if
any), whichever is greater, will apply whenever a Subscriber requests to be reconnected
to the Services after the Company has terminated the Services to Subscriber for any
reason allowed by this Tariff.
4.3 Promotions
The company may from time to time engage in special promotional offerings limited to
certain dates, times or locations designed to attract new subscribers or increase subscriber
usage. The company will not have special promotional offerings for more than 90 days
in any 12 month period. The Company will file Promotional material, including rates,
terms, conditions and duration schedules with the Commission for its information.
Effective
By: Joseph O'Hara, Chief Financial Officer
5445 Legacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 45
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 4 - RATES (CONT',D)
4.4 Miscellaneous Charges
When charges are waived by Underlying Carrier due to promotions, the Company will
also waive the charges. This would include but not limited to Line Connection charges,
Line Change Charges, Secondary Charges, etc.. However when there are any charges
applicable and due the Underlying Carrier, the Company will pass them on to the end
user at the tariff price of the Underlying Carrier.
The installation charges may be paid either in full with application or half at application
and the other half billed on the first invoice. This would be extended to new customers
and would not apply to reapplication of customers who have previously been
disconnected for non-payment of a bill(s).
4.5 Customized Service Packages and Competitive Discounts
From time-to-time, based on competitive situations, the Company will offer special
discount structures or promotional offerings to retain existing customers and/or develop
new customers.
Customized service packages and competitive pricing packages may also be furnished at
negotiated rates on a case-by-case basis, in response to requests by Customers to the
Company for proposals or for competitive bids. Service offered under this Tariff
provision will be provided to Customers pursuant to contract. Unless otherwise specified,
the regulations for such arrangements are in addition to the applicable regulations and
prices in other sections of this Tariff. Specialized rates or charges will be made available
to similarly situated Customers on a non-discriminatory basis
Effective:
By: Joseph O'Hara, Chief Financial Officer
5445[-ngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 46
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 4 - RATES (CONT'D)
4.6 Business Local Exchange Services
4.6.7 Non-recurring Charges
Processing/Application Fee
Activation Fee/Restoral Fee
4.6.2 Recurring Charges
Business Basic Service
Call Restriction
Directory Listing
911- Service
Hearing Impaired Service
Access Charge
Area Calling (where available)
$s0.00
$50.00
$99.99
Included
Included
Included
Included
Included
$2s.00
Issued:
By: Joseph O'Hara, Chief Financial Officer
5445l*gacy Dr., Suite 180
Plano, TX 75024
Effective:
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 47
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
4.6 Business [-ocal Exchange Services
4.6.3 Business Packages
Package A
Each additional line
Unlimited local calling
100 minutes of LD
Package B
Each additional line
Unlimited local calling
100 minutes of LD
Caller ID
Call Waiting
Three-Way Calling
Package C
Each additional line
Unlimited local calling
Unlimited long distance
Caller ID
Call Waiting
Three-Way Calling
SECTION 4 _ RATES (CONT'D)
Monthly
$95.99
$es.99
$99.9e
$ee.99
$119.99
$119.99
lssued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445[-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 48
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
4.6
SECTION 4 - RATES (CONT',D)
Business l.ocal Exchange Services (Cont'd)
4.6.3 Business Packages (Cont'd) Monthly
Package D
Each additional line
Unlimited local calling
Unlimited long distance
Caller ID
Call Waiting
Three-Way Calling
Call Return
Call Block
Call Forwarding Variable
Call Forwarding Don't Answer-Basic
Call Forwarding Busy Line-Basic
$t29.99
$t29.99
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-egacy Dr., Suite 180
Plano, TX 15024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 49
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
4-
4.7 Additional Non-recurringCharges
Add/Chang e lD elete Features
Caller ID Setup Fee
Change Name
Change Telephone Number
Non-Productive Trip Charge
Move - Order
4.8 Individual Feature Recurring Charges
Call Block
Call Forwarding
Call Return
Call Trace
Call Waiting
Caller ID
Speed Dial
Three-Way
Unpublished Number
Voice Mail
l.ong-Distance 100 Minutes
Long-Dista nce 200 Minutes
[,ong-Distance 500 Minutes
4.9 Directory Assistance
"I -411 " local directory assistance
" 1 -XXX-5 55 -1212" directory assistance
$30.00
$20.00
$30.00
$s0.00
$200.00
$150.00
$9.9e
$9.99
$9.9e
$18.99
$e.e9
$L2.99
$8.ee
$9.99
$e.ee
$t2.99
$9.ee
$14.9e
$29.99
$t.29 per call
$0.99 per call
Issued:Effective:
By: Joseph O'Hara, Chief Financial Officer
5445l-egacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. 1
Original Page 50
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
-RA CONT'D
4.10 Dedicate Service - Nonrecurring Installation Charges
Transmission Speed Term of Contract in Months
t2
Note: The foregoing rates represent a onetime installation charge associated with
the Service.
4.ll Dedicated Service - Base Rates for Recurring Charges
DS1
PRI
Transmission Speed
DS1
$1,000.00
$1,000.00
Duration of Contract (in months)
12
$0.1210
Note: The foregoing monthly rates are per DSO mile, based on V&H coordinates;
additional POP to POP charges and/or local access charges may apply. Contracts
over 12 months will be priced ICB
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445[*,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho P.UC. Tariff No. L
Original Page 5L
LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES
4.2.6
SECTION 4 - RATES (CONT',D)
Dedicated Service - Volume Discount Percentages by Contract Term
Volume Term of Contract in Months
12
$100,000.00 370
$200,000.00 570
$500,000.00 7%
Note: All Volume Discounts are applied when the End User reaches the specified
level. Volume amounts over the next lower increment will be rounded down to
that lower increment. Volume discounts are based on the gross monthly cost of
service and are applied to the base rate per circuit, per month.
Issued:Effective
By: Joseph O'Hara, Chief Financial Officer
5445l*gacy Dr., Suite 180
Plano, TX 75024
EXHIBIT F
Proposed Price List for Interexchange Services
Magna5 LLC Idaho Price List No. 1
TNTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 1
INTEREXCHANGE SERVICES PRICE LIST
OF
MAGNAs LLC
This Price List is on file with the Idaho Public Utilities Commission and copies may be
inspected, during normal business hours, at Magna5 LLC,5445l-egacy Dr., Suite 180,
Plano, TX 75024. Customers may also call us toll free at 866-240-7912.
Effective
By: Joseph O'Hara
5445[-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 2
CHECK SHEET
Pages inclusive of this Price List are effective as of the date shown at the bottom of each
respective page(s). Original and revised pages as named below comprise all changes from the
original Price List and are currently in effect as of the date on the bottom of this page.
PAGE Revision PAGE Revision PAGE Revision PAGE Revision
1
2
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5
6
1
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11
12
13
t4
15
t6
I7
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2t
22
23
24
25
26
27
28
29
Original
Original
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30
31
Original
Original
x Indicates new page revision with this issue
Issued:Effective:
By: Joseph O'Hara
5445l*gacy Dr., Suite L80
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 3
TABLE OF CONTENTS
TITLE PAGE
CHECK SHEET
TABLE OF CONTENTS......
SYMBOI.S
PRICE LIST FORMAT
SECTION 1. - TECHNICAL TERMS AND ABBREVIATIONS .
SECTION 2 - RULES AND REGULATIONS
SECTION 3 - DESCRIPTION OF SERVICE....
SECTION 4 - RATES....
SECTION 5 - SPECIALIZED SERVICE ARRANGEMENTS......
.1
2
......23
.28
a.J
.4
.5
.6
.7
Effective
By: Joseph O'Hara
5445[-ngacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho Price List No. 1
Original Page 4
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
SYMBOI-S
Whenever Price List sheets are revised, changes will be identified by the following symbols:
(C) To signify changed regulation.
(D) To signify deleted or discontinued rate, regulation or condition.
(D To signify a change resulting, in an increase to a customer's bill.
(M) To signify material moved from or to another part of Price List with no change in
text, rate, rule or condition.
(N) To signify new rate, regulation, condition or sheet.
(R) To signify a change resulting in a reduction to a customer's bill.
(T) To signify change in text but no change in rate, rule or condition.
By: Joseph O'Hara
5445l*gacy Dr., Suite 180
Plano, TX 75024
Issued Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 5
A.
B.
C.
D.
PRICE LIST FORMAT SHEET
Page Numbering. Page numbers appear in the upper-right corner of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the Price List.
When a new page is added, the page appears as a decimal. For example, a new page
added between pages 24 and 25 would be 24. l.
Page Revision Numbers. Revision numbers also appear in the upper-right corner of the
page. These numbers are used to determine the most current page version on file with the
Idaho Public Utilities Commission. For example, the 4th revised Page 24 cancels the
third revised Page 24. Because of deferrals, notice periods etc., the most current page
number on file with the Commission is not always the Price List page in effect.
Subscriber should consult the check page for the page currently in effect.
Paragraph Numbering Sequence. There are nine levels of paragraph coding. Each level
of coding is subservient to its next higher level of coding.
2.
2.t.
2.t.1..
2. t. L.A.
2.L. t. A. t.
2.L. L. A. 1. (a)
2.1.1.A.1.(a).I
2.1,.1 A.1 (a). 1. (i)
2.7. | .A. 1.(a).1 (i) (1)
Check List of Effective Pages. When a Price List filing is made with the Commission, an
updated Check List of Effective Pages ("Check List") accompanies the Price List filing.
The Check List lists the pages contained in the Price List, with a cross reference to the
current revision number. When new pages are added, the Check List is changed to reflect
the revision. All revisions made in a given filing are designated by an asterisk (*). There
will be no other symbols used on the Check List if these are the only changes made to it
(i.e., the format, etc.). The subscriber should refer to the latest Check List to find out if a
particular page is the most current page on file with the Commission.
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued Effective
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS S ERVICES
Original Page 6
SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS
Access Line - An arrangement which connects the Customer's location to the Company's
network switching center.
Authorization Code - A numerical code, one or more of which are available to a Customer to
enable him/her to access the carrier, and which are used by the carrier both to prevent
unauthorized access to its facilities and to identify the Customer for billing purposes.
Commission -Idaho Public Utilities Commission
Company - Magna5 LLC, unless otherwise specified
Customer - The person, firm, corporation or other entity which orders service and is responsible
for payment of charges due and compliance with the Company's Price List regulations.
Day - From 8:00 AM up to but not including 5:00 PM local time Monday through Friday.
Evening - From 5:00 PM up to but not including 11:00 PM local time Sunday through Friday.
NightAVeekend - From 11:00 PM up to but not including 8:00 AM Sunday through Friday, and
8:00 AM Saturday up to but not including 5:00 PM Sunday.
InterLATA Toll Call - Any call terminating beyond the LATA of the originating caller.
IntraLATA Toll Call - Calls terminating within the LATA of the originating caller.
Telecommunications - The transmission of voice communications or, subject to the transmission
capabilities of the services, the transmission of data, facsimile, signaling, metering, or other
similar communications.
Underlying Carrier - The telecommunications carrier whose network facilities provide the
technical capability and capacity necessary for the transmission and reception of Customer
telecommunications traffic.
By: Joseph O'Hara
5445l*gacy Dr., Suite 180
Plano, TX 75024
Issued Effective
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 7
SECTION 2 - RULES AND REGULATIONS
2.7 Undertaking of The Company
This Price List contains the regulations and rates applicable to Business customer's
intrastate telecommunications services provided by the Company for telecommunications
between points within State of Idaho. Resale services are furnished subject to the
availability of facilities and subject to the terms and conditions of this Price List in
compliance with limitations set forth in the Commission's rules. The Company's
services are provided on a statewide basis and are not intended to be limited
geographically. The Company offers service to all those who desire to purchase service
from the Company consistent with all of the provisions of this Price List. Customers
interested in the company's services shall file a service application with the Company
which fully identifies the Customer, the services requested and other information
requested by the Company. The Company may act as the Customer's agent for ordering
access connection facilities provided by other carriers or entities when authorized by the
Customer, to allow connection of a Customer's location to a service provided by the
Company. The Customer shall be responsible for all charges due for such service
arrangement.
2.t.7 The services provided by the Company are not part of a joint undertaking with
any other entity providing telecommunications channels, facilities, or services, but
may involve the resale of the Message Toll Services (MTS) and Wide Area
Telecommunications Services (WATS - Toll Free Services) of underlying
common carriers subject to the jurisdiction of this Commission.
2.7.2 The rates and regulations contained in this Price List apply only to the resale
services furnished by the Company and do not apply, unless otherwise specified,
to the lines, facilities, or services provided by a local exchange telephone
company or other common carriers for use in accessing the services of the
Company.
Issued:Effective:
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 8
2.1 Undertaking of The Company (Cont'd)
2.1.3 The Company reserves the right to limit the length of communications, to
discontinue furnishing services, to refuse to reconnect a customer or limit the use
of service necessitated by conditions beyond its control, including, without
limitation: lack of satellite or other transmission medium capacity; the revision,
alteration or repricing of the Underlying Carrier's Price Listed offerings; required
underlying carrier commitments; or when the use of service becomes or is in
violation of the law or a provision of this Price List.
2.1.4 Unless otherwise stated, the Company's services and facilities are provided on a
monthly basis unless ordered on a longer term basis, and are available twenty-four
hours per day, seven days per week.
2.2 Use and Limitations of Services
2.2.1 The Company's services may be used for any lawful purpose consistent with the
transmission and switching parameters of the telecommunications facilities
utilized in the provision of services, subject to any limitations set forth in this
Section 2.2.
2.2.2 The use of the Company's services to make calls which might reasonably be
expected to frighten, abuse, torment, or harass another or in such a way as to
unreasonably interfere with use by others is prohibited.
2.2.3 The use of the Company's services without payment for service or attempting to
avoid payment for service by fraudulent means or devices, schemes, false or
invalid numbers, or false calling or credit cards is prohibited.
2.2.4 The Company does not transmit messages, but the services may be used for that
purpose.
2.2.5 The Company's services may be denied for nonpayment of charges or for other
violations of this Price List subject to Section 2.5.
2.2.6 Customers shall not use the service provided under this Price List for any
unlawful purpose.
By: Joseph O'Hara
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 9
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.2 Use and Limitations of Services (Cont'd)
2.2.7 The Customer is responsible for notifying the Company immediately of any
unauthorized use of services.
2.2.8 All facilities provided under this Price List are directly controlled by The
Company and the Customer may not transfer or assign the use of the service or
facilities, except with the express written consent of the Company. Such transfer
or assignment shall only apply where there is no interruption of the use or location
of the service or facilities.
2.2.9 Prior written permission from the Company is required before any assignment or
transfer. All regulations and conditions contained in this Price List shall apply to
all such permitted assignees or transfers.
2.3 Liability of the Company
2.3.t The Company shall not be liable for any claim, loss, expense or damage for any
interruption, delay, error, omission, or defect in any service, facility or
transmission provided under this Price List, if caused by an act of God, fire, war,
civil disturbance, act of government, terrorism, or due to any other causes beyond
the Company's control.
2.3.2 The Company shall not be liable for, and shall be fully indemnified and held
harmless by the Customer against any claim, loss, expense, or damage for
defamation, libel, slander, invasion, infringement of copyright or patent,
unauthorized use of any trademark, trade name or service mark, proprietary or
creative right, or any other injury to any person, property or entity arising out of
the material, data or information transmitted.
2.3.3 No agent or employee of any other carrier or entity shall be deemed to be an agent
or employee of the Company.
By: Joseph O'Hara
54451-ngacy Dr., Suite 180
Plano, TX 75024
Issued:Effective
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATTONS SERVICES
Original Page 10
SECTTON 2 - RULES ANp REGULATTONS (CONT'p)
2.3 Liability of the Company (Cont'd)
2.3.4 The Company's liability for damages arising out of mistakes, interruptions,
omissions, delays, errors, or defects in the transmission occurring in the course of
furnishing service or facilities shall, in no event, exceed an amount equivalent to
the proportionate charge to the Customer for the period during which the
aforementioned faults in transmission occur. No other liability in any event shall
attach to the Company, except as ordered by the Commission.
2.3.5 The Company shall not be liable for and shall be indemnified and saved harmless
by any Customer or by any other entity from any and all loss, claims, demands,
suits, or other action or any liability whatsoever, whether suffered, made,
instituted, or asserted by any Customer or any other entity for any personal injury
to, or death of, any person or persons, and for any loss, damage, defacement or
destruction of the premises of any Customer or any other entity of any other
property whether owned or controlled by the Customer or others.
2.3.6 The Company shall not be liable for any indirect, special, incidental, or
consequential damages under this Price List including, but not limited to, loss of
revenue or profits, for any reason whatsoever, including the breakdown of
facilities associated with the service, or for any mistakes, omissions, delays,
errors, or defects in transmission occurring during the course of furnishing
service.
2.3.7 The remedies set forth herein are exclusive and in lieu of all other warranties and
remedies, whether express or implied, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
2.3.8 The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should be
upheld in a court of law. Acceptance for filing by the Commission recognizes that
it is a court's responsibility to adjudicate negligence and consequential damage
claims. It is also the court's responsibility to determine the validity of the
exculpatory clause.
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 11
2.4 Responsibilities of the Customer or Subscriber
2.4.1 The Customer is responsible for placing any necessary orders, for complying with
Price List regulations, and for assuring that users comply with Price List
regulations. The Customer shall ensure compliance with any applicable laws,
regulations, orders or other requirements (as they exist from time to time) of any
governmental entity relating to services provided or made available by the
Customer to authorized users.
2.4.2 The Customer is responsible for charges incurred for special construction and/or
special facilities which the Customer requests and which are ordered by the
Company on the Customer's behalf.
2.4.3 If required for the provision of the Company services, the Customer must provide
any equipment space, supporting structure, conduit and electrical power without
charge to the Company.
2.4.4 The Customer is responsible for arranging access to its premises at times mutually
agreeable to the Company and the Customer when required for the Company
personnel to install, repair, maintain, program, inspect or remove equipment
associated with the provision of the Company 's services.
By: Joseph O'Hara
5445lr,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 12
2.4 Responsibilities of the Customer or Subscriber (Cont'd)
2.4.5 The Customer shall ensure that its equipment and/or system is properly interfaced
with the Company facilities or services, that the signals emitted into the Company
network are of the proper mode, bandwidth, power, and signal level for the
intended use of the Customer in compliance with the criteria set forth in this Price
List, and that the signals do not damage equipment, injure personnel, or degrade
service to other Customers. If the Federal Communications Commission or some
other appropriate certifying body certifies terminal equipment as being technically
acceptable for direct electrical connection with interstate communications service,
the Company will permit such equipment to be connected with its channels
without the use of protective interface devices.
If the Customer fails to maintain the equipment and/or the system properly, with
resulting imminent harm to the Company equipment, personnel, or the quality of
service to other Customers, the Company may, upon written notice, require the
use of protective equipment at the Customer's expense. If this fails to produce
satisfactory quality and safety, the Company may, upon written notice, terminate
the Customer's service.
2.4.6 The Customer must pay the Company for replacement or repair of damage to the
equipment or facilities of the Company caused by negligence or willful act of the
Customer, users, or others, by improper use of the services, or by use of
equipment provided by the Customer, users, or others.
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Magna5 LLC Idaho Price List No. 1
Original Page 13
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Responsibilities of the Customer or Subscriber (Cont'd)
2.4.7 The Customer must pay for the loss through theft of any the Company equipment
installed at Customer's premises.
2.4.8 The Customer is responsible for the payment of charges for all calls originated at
the Customer's numbers, even when those calls are originated by fraudulent
means, either from the Customer's premises or from remote locations.
2.4.9 The Customer or authorized user is responsible for compliance with the
applicable regulations set forth in this Price List.
2.4.10 The Customer or authorized user is responsible for identifying the station, party,
or person with whom communications is desired and/or made at the called
number.
2.5 Cancellation or Discontinuance of Services
2.5.7 Without incurring liability, the Company may, upon verbal or written notice,
discontinue services to a Customer or may withhold the provision of ordered or
contracted services:
For nonpayment of any sum due the Company for more than five days
after issuance of the bill for the amount due,
For violation of any of the provisions of this Price List,
For violation of any law, rule, regulation or policy of any governing
authority having jurisdiction over the Company's services, or
By reason of any order or decision of a court, public service commission
or federal regulatory body or other governing authority prohibiting the
Company from furnishing its services.
2.4
A.
B.
C.
D.
lssued:Effective
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 14
-R AND
2.5 Cancellation or Discontinuance of Services (Cont'd)
2.5.2 Without incurring liability, the Company may interrupt the provision of services
at any time in order to perform tests and inspections to assure compliance with
Price List regulations and the proper installation and operation of Customer and
Company's equipment and services and may continue such interruption until any
items of non-compliance or improper equipment operation so identified are
rectified.
2.5.3 Service may be discontinued by the Company, without notice to the Customer, by
blocking traffic to certain countries, cities or NXX exchanges, or by blocking
calls using a call screening method which generates a network message not
allowing calls to complete, when the Company deems it necessary to take such
action to prevent unlawful use of its service. The Company will restore service as
soon as it can be provided without undue risk.
2.5.4 The Customer may terminate service upon verbal or written notice for the
Company's standard month to month contract. Customer will be liable for all
usage on any of the Company's service offerings until the Customer actually
leaves the service. Customers will continue to have Company usage and be
responsible for payment until the Customer or its agent notifies its local exchange
carrier and changes its long distance carrier.
Issued Effective
By: Joseph O'Hara
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 15
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.6 Interruption of Service
2.6.1,Credit allowance for the interruption of service which is not due to the Company's
testing, inspecting, or adjusting, of equipment; or to the failure of channels or
equipment provided by the Customer; or to the Company's blocking of services to
certain locations; and that is not caused by the Customer, is subject to the general
liability provisions set forth in 2.3.It shall be the obligation of the Customer to
notify the Company immediately of any interruption in service for which a credit
allowance is desired. Before giving such notice, the Customer shall ascertain that
the trouble is not being caused by any action or omission by the Customer within
his control, or is not in wiring or equipment, if any, furnished by the Customer
and connected to the Company's facilities.
2.6.2 No credit is allowed in the event that service must be interrupted in order to
provide routine service quality or related investigations.
2.6.3 Credit for failure of service shall be allowed only when such failure is caused by
or occurs due to causes within the control of the Company.
2.6.4 Credit for interruption shall commence after the Customer notifies the Company
of the interruption or when the Company becomes aware thereof, and ceases
when service has been restored.
2.6.5 For purposes of credit computation, every month shall be considered to have 720
hours.
2.6.6 No credit shall be allowed for an interruption of a continuous duration of less than
two hours.
By: Joseph O'Hara
5445Ie,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page L6
2.6
SECTION 2 - RULES AND REGULATIONS (CONT'D)
Interruption of Service (Cont'd)
2.6.7 The Customer shall be credited for an interruption of two hours or more at the rate
of U72Oth of the monthly charge for the facilities affected for each hour or quarter
hour increments thereof that the interruption continues.
CREDIT FORMULA:
credit=(AxB)1720
"A" - outage time in hours
"B" - total monthly charge for affected facility
2.7 Restoration of Service
The use and restoration of service shall be in accordance with the priority system
specified in part 64, Subpart D of the Rules and Regulations of the Federal
Communications Commission
2.8 Deposits
The Company will not require any Customer to make a deposit to secure or maintain
service.
By: Joseph O'Hara
5445\-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 17
TIONS CONT'D
2.9 Advance Payments
The Company will not require any Customer to make an advance payment
2.10 Taxes
All federal, state and local taxes, assessments, surcharges, or fees (i.e., gross receipts tax,
sales tax, use tax, municipal utilities tax) are listed as separate line items and are not
included in the quoted rates.
2.11 Billing and Charges
2.7L.1 The Company will bill its customers directly. Billing will be payable upon receipt
and will be considered past due if not paid within 5 days.
2.t1.2 The Customer is responsible for payment of all charges for services furnished to
the Customer, as well as to all persons using the Customer's codes, exchange
lines, facilities, or equipment, with or without the knowledge or consent of the
Customer. The security of the Customer's Authorization Codes, subscribed
exchange lines, and direct connect facilities is the responsibility of the Customer.
All calls placed using direct connect facilities, subscribed exchange lines, or
Authorization Codes will be billed to and must be paid by the Customer.
Recurring charges and non-recurring charges may be billed in advance. Charges
based on actual usage during a month and any accrued interest will be billed
monthly in arrears.
Effective:
By: Joseph O'Hara
5445\-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 18
SECTION 2 - RULES AND REGULATIONS (CONT'D)
2.12 Collection Costs
In the event Company is required to initiate legal proceedings to collect any amounts due
to Company for regulated services, or for the enforcement of any other provision of this
Price List or applicable law, Customer shall, in addition to all amount due, be liable to
Company for all reasonable costs incurred by Company in such proceedings and
enforcement actions, including reasonable attorneys' fees, collection agency fees or
payment, and court costs. In any such proceeding, the amount of collection costs,
including attorneys' fees, due to the Company will be determined by the Court.
2.13 CustomerComplaints and/orBillingDisputes
2.13.7 Customers may contact the Company's representatives 24 hours a day,7 days a
week at 866-240-1912 or by writing the Company at 5445 l-ngacy Dr., Suite 180,
Plano, TX 75024.
2.13.2 Any objection to billed charges should be reported within thirty (30) days of the
date of the invoice to the Company. Adjustments to Customers' bills shall be
made to the extent that records are available and/or circumstances exist which
reasonably indicate that such charges are not in accordance with approved rates or
that an adjustment may otherwise be appropriate. A Customer who is unable to
resolve a billing dispute with the Company may contact the Commission to
intervene in the billing dispute.
By: Joseph O'Hara
5445[*gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 19
SECTION 3 - DESCRIPTION OF SERVICE
3.1 Timine of Calls
3.1.1 Chargeable Time
The Customer's long distance usage charge is based on the actual usage of The
Company's network. Usage begins when the called party picks up the receiver.
When the called party picks up is determined by hardware answer supervision in
which the local telephone company sends a signal to the switch or the software
utilizing audio tone detection. When software answer supervision is employed,
up to 60 seconds of ringing is allowed before it is billed as usage of the network.
A call is terminated when the calling party hangs up thereby releasing the network
connection. If the called party hangs up but the calling party does not, chargeable
time ends when the network connection is released or by automatic timing
equipment in the network. There will be no charges for incomplete calls.
3.7.2 Billing Increments
The minimum call duration and initial billing period is 6 seconds for all intrastate
direct dialed calls unless otherwise specified by this Price List. Any additional
period is measured and rounded to the next higher 6 second increment unless
otherwise specified by this Price List.
3.I.3 Rounding
All calls will be rounded to the fourth decimal place amount of a call charge.
Issued:Effective:
By: Joseph O'Hara
5445l*,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 20
SECTION 3 - pESCRIPTION OF SERVICE (CONT',D)
3.2 Calculation of Distance
Usage charges for all mileage sensitive products are based on the airline distance rate
centers associated with the originating and terminating points of the call.
The airline mileage between rate centers is determined by applying the formula below to
the vertical and horizontal coordinates associated with the rate centers involved. The
Company uses the rate centers and associated vertical and horizontal coordinates that are
produced by Telcordia in their NPA-NXX V & H Coordinates Tape and the NECAs'
Price List No. 4
FORMULA:2
10
EXAMPLE: Distance between Miami and New York City -
VH
Miami
New York
Difference
8,351 529
4.997 r.406
3,354 -879
Square and add: 11,249,316 + 772,641= 12,02L,196
Divide by 10 and round: 12,021,597 I I0 = I,202,195.70
= 7,202,196
Take square root and round: 1,202,196 = L,O96.4
= 1,097 miles
3.3 Minimum Call Completion Rate
A Customer can expect a call completion rate (number of calls completed / number of
calls attempted) of not less than 95% during peak use periods for all services ("1+"
dialing).
By: Joseph O'Hara
5445L-e,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 21
3.4
SECTTON 3 - DESCRIPTION OF SERVICE (CONT',D)
Service Offerings
3.4.1, Switched Access Services
Switched Access Service allows a customer to access the Company's long
distance network via switched telephone lines.
A. Inbound Service
Inbound switched service receives inbound intrastate calls on switched
access lines using 800, 866, 877 or 888 number(s).
B. Outbound Switched Service
Outbound switched service sends outbound intrastate calls on switched
access lines by dialing "l+ ten digits" for InterLATA calls.
3.4.2 Dedicated Access Services
Dedicated Access Service allows a customer to access the Company's long
distance network via DS1 (7.544 Mbps) or larger dedicated circuits. Dedicated
circuits will bypass the local central office and not be considered switched.
A. Inbound Dedicated Service
Inbound dedicated service receives inbound intrastate calls on DS1 (1.544
Mbps) or larger dedicated circuits using 800, 866, 877 or 888 number(s).
B. Outbound Dedicated Service
Outbound dedicated service sends outbound intrastate calls on DS1 (1.544
Mbps) or larger dedicated circuits.
Issued:Effective:
By: Joseph O'Hara
5445l-ngacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page22
SECTION 3 - DESCRIPTION OF SERVICE (CONT'D)
3.4 Service Offerings (Cont'd)
3.4.3 l.ocal Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI)
The ISDN PRI Port provides a DS1 level electrical interface to the local switch
for the provision of 24 DSO 64 Kbps channels. The base configuration consists of
23 64 Kbps B channels for end user voice and/or data traffic and one 64 D
channel for out of band signaling control of the B channels. The Primary Rate
ISDN Port provides access to the functions and capabilities of the local switch
data functions. The full complement of channels will always be present at the
physical network interface. All channels can simultaneously support independent
applications. B channels are capable of supporting Voice and Circuit Switched
Data. The D channel controls all B channels Voice and Circuit Switched Data.
Local ISDN PRI's are a local exchange service offering provisioned by the
Company in jurisdictions where local exchange authority has been secured. Long
distance usage generated from a Local ISDN PRI will be considered switched.
Effective
By: Joseph O'Hara
5445l.r-,gacy Dr., Suite 180
Plano, TX 75024
Issued:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page23
3.4 Service Offerings (Cont'd)
3.4.4 lrased Line Service
The Company offers and leased line services capable of transmitting voice and
data. The Customer's total use of the Company's service is charged at the
applicable rates set forth herein, in addition to any monthly service charges. None
of the service offerings are time-of-day sensitive.
For leased line telecommunications services, the Company offers rates on a
"month to month" basis, and on a term agreement contract basis. Rates are based
on a number of factors, including mileage and Customer commitment to a volume
of service for a fixed term of months.
lrased Line Services are available from the Company, where technically and
economically feasible.
A leased line is a private, dedicated point-to-point connection between a
Company POP and another point on the Company's network specified by the
Customer. [rased Line service is provided to Customers with transmission
speeds of either DS1 (1.544 Mbps), DS3 (44.736 Mbps), OC3 (155.52 Mbps),
OClz (622.08 Mbps) and OC48 (2,488.32 Mbps).
3.5 Special Promotional Offerings
The company may from time to time engage in special promotional offerings limited to
certain dates, times or locations designed to attract new subscribers or increase subscriber
usage. The company will not have special promotional offerings for more than 90 days
in any 12 month period. Promotions will be made available to Commission Staff upon
written request.
By: Joseph O'Hara
5445l*,gacy Dr., Suite 180
Plano, TX 75024
lssued:Effective
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page24
SECTION 4 - RATES
4.L General Rate Information
4.1.1 Call Duration
Customers will be charged a minimum amount for all completed calls equivalent
to 6 seconds of their subscribed rate plan.
4.1.2 RBOC - ITC Surcharge
Dedicated rates pursuant to this Price List are based upon the condition that the
Customer will terminate at least 80% of Customer's total termination usage and
originate at least 857o of the Customer's total origination usage in a tandem owned
and operated by a Regional Bell Operating Company ("RBOC"). The Company
shall apply a surcharge of three cents ($0.03) per minute of use to the number of
minutes that exceed 207o of the total Non-RBOC termination minutes and four
cents ($0.04) per minute of use to the number of minutes that exceed 15% of the
total Non-RBOC origination minutes.
4.1.3 Charge for Non-Billable Toll Free Calls
If a Customer's usage of a toll-free number results in the non-billable (non-
completed) calls for such toll-free number in any month to be greater than 1Vo of
the billable (completed) calls for such toll-free number in that month, the
Company may charge Customer a non-discountable $0.02 charge for each non-
billable call.
4.1.3 Toll Free Minimum Usage Charge
If a customer does not use $100.00 of switched inbound toll free usage in a billing
month, a $15.00 minimum usage charge will be billed for each toll free number
terminating to switched local telephone line(s) reserved by the Customer.
lssued:Effective:
By: Joseph O'Hara
5445l*gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page25
4.2
SECTION 4 _ RATES (CONT'D)
Rate Schedules
4.2.7 Inbound Switched Service
Inbound Switched Service - $0.089 per minute
4.2.2 Outbound Switched Service
Outbound Switched Service - $0.059 per minute
4.2.3 Inbound Dedicated Service
Inbound Dedicated Service - $0.059 per minute
4.2.4 Outbound Dedicated Service
Outbound Dedicated Service - $0.039 per minute
Issued:Effective:
By: Joseph O'Hara
5445[*,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 26
SECTION 4 - RATES (CONT',D)
4.2 Rate Schedules (Cont'd)
4.2.5 [rased Line Service - Nonrecurring Installation Charges
Transmission Speed Term of Contract in Months
12
DS1 $1,000.00
Note: The foregoing rates represent a onetime installation charge associated with
the Service.
4.2.6 L,eased Line Service - Base Rates for Recurring Charges
Transmission Duration of Contract (in months)
Speed
DS1
t2
$0.1210
Note: The foregoing monthly rates are per DSO mile, based on V&H coordinates;
additional POP to POP charges and/or local access charges may apply. Contracts
over 12 months will be priced ICB
Issued Effective
By: Joseph O'Hara
5445[;-,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page27
4.2
SECTION 4 - RATES (CONT'D)
Rate Schedules (Cont'd)
4.2.7 [rased Line Service - Volume Discount Percentages by Contract Term
Volume Term of Contract in Months
s100,000.00
12
37o
s%
7%
s200,000.00
s500,000.00
Note: All Volume Discounts are applied when the End User reaches the specified
level. Volume amounts over the next lower increment will be rounded down to
that lower increment. Volume discounts are based on the gross monthly cost of
service and are applied to the base rate per circuit, per month.
Issued:Effective:
By: Joseph O'Hara
5445\-e,gacy Dr., Suite 180
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 28
SECTTON 4 - RATES (CONT'D)
4.3 Ancillary Charges
Outbound Account Codes (non-verified)
Outbound Account Codes (verified)
Inbound Account Codes (non-verified)
Inbound Account Codes (verified)
Monthly CDR per CD ROM
PICC Surcharge:
Business Single Line
Business Multi-Line
Centrex
ISDN Line/BRI
ISDN/PRI
Direct termination Overflow (per order)
SYY SMS Fee (per active SYY)
8YY Directory Assistance (per SYY listed)
SYY Area Code Blocking
8YY DNIS Deliver (per order)
8YY ANI Delivery (per trunk group)
Unauthorized PIC (per ANI)
Network Interconnection Charge
$90.00
$ 0.80
$3s.00
$00.00
$00.00
$75.00
$00.00
$00.00
MRC
$10.00
$10.00
$60.00
$60.00
$7s.00
$00.00
$ 1.s0
$ 0.s3
$ 2.81
$23.92
NRC
$ 25.00
$ 25.00
$ 8s.00
$ 8s.00
$ 00.00
$ 00.00
$ 00.00
$ 00.00
$ 00.00
$ 00.00
$ 0.s0
$ 3s.00
$ 30.00
$700.00
$150.00
$ 25.00
$ 00.00
$ 7s.00
Direct Termination Overflow - Allows a dedicated access line customer to control
potential congestion of calls placed on an SYY number by sending overflow calls to
another 8YY trunk group, WATS access line, dedicated access line or business line.
Dialed Number Identification - Allows a dedicated access customer to receive calls from
multiple 8YY numbers on the same terminating trunk group by sending special
identification digits along with the SYY call to the customer site. Customer must have
proper equipment to receive Real Time ANI.
By: Joseph O'Hara
5445 b,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page29
SECTION 4 _ RATES (CONT'D)
4.3 Ancillarv (Cont'd)
Real Time ANI - Allows a dedicated customer to receive the ANI of the calling party if
the call originates from an equal access end office. Real Time ANI is currently provided
via in-band signaling. Terminating equipment must accept FGD signaling.
Special Routing Features - Special Routing features such as Day of Week Routing,
Holiday Routing, Time of Day Routing and Percentage Allocation Routing are not
available.
4.4 Duestory,Asgis1anac
A long distance directory assistance charge applies when the caller accesses the
Company's network by dialing 1 + Area Code + 555-1212 to place a request for a
telephone number. A caller may request one telephone number per directory assistance
call. The charge applies to each inquiry regardless of whether the directory assistance
bureau is able to supply a listed number. A credit will be issued for any directory
assistance charge for which the Customer experiences poor transmission quality, is cut
off, receives an incorrect telephone number, or misdials.
Directory Assistance Charge -
Per Inquiry
$0.75
Issued Effective
By: Joseph O'Hara
54451-egacy Dr., Suite 1.80
Plano, TX 75024
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 30
4-RA
4.5 Payphone Use Surcharge
An undiscountable payphone use surcharge of $.75 shall apply to each coinless call
which The Company can identify as being placed from an intrastate payphone by or to
the Customer or its permitted user. This includes, but is not limited to, calls placed with
The Company calling card, collect calls and calls placed to 8YY numbers. This charge is
in addition to standard Price Listed usage charges and is for the use of the payphone
instrument to access The Company's service.
4.6 Finance Charge and Late Fee
A finance charge in the amount of. 1.57o monthly will be charged on any past due
balances. In addition, if the amount considered past due is greater than $6.00, a late fee
in the amount of $10.00 will also be applied.
4.7 Return Check Charges
A fee of $20.00 will be charged for each check returned.
4.8 Reconnection Charge
If the Company allows a customer to be reconnected, a reconnection fee of $200.00 per
occurrence is charged when service is re-established for Customers who had been
disconnected for non-payment.
By: Joseph O'Hara
5445le,gacy Dr., Suite 180
Plano, TX 75024
Issued:Effective:
Magna5 LLC Idaho Price List No. 1
INTEREXCHANGE TELECOMMUNICATIONS SERVICES
Original Page 31
SECTION 5 _SPECIALIZED SERVICE ARRANGEMENTS
5.1 Customized Service Packages and Competitive Discounts
From time-to-time, based on competitive situations, the Company will offer special
discount structures or promotional offerings to retain existing customers and/or develop
new customers.
Customized service packages and competitive pricing packages may also be furnished at
negotiated rates on a case-by-case basis, in response to requests by Customers to the
Company for proposals or for competitive bids. Service offered under this Price List
provision will be provided to Customers pursuant to contract. Unless otherwise specified,
the regulations for such arrangements are in addition to the applicable regulations and
prices in other sections of this Price List. Specialized rates or charges will be made
available to similarly situated Customers on a non-discriminatory basis. Customized
service contracts will be filed with the Commission upon request of Commission Staff or
an authorized representative.
By: Joseph O'Hara
5445 Lngacy Dr., Suite 180
Plano, TX 75024
Effective:Issued:
AFFIDAVIT
STATE OF TEXAS
COUNTY OF COLLIN
I, Joseph O'Hara, after being duly sworn, do hereby state that I am the Chief Financial Officer of
Magna5 LLC, and as such, swear and affirm that:
a) I have the authority to bind Magna5 LLC;
b)I have read the foregoing Application and know the contents thereof; that said
contents are true and correct in substance and in fact to the best of my
knowledge, information and belief;
c)That I have reviewed the Commission rules and agree that Magnas LLC will comply
with the Rules and Regulations of the Commission.
)
)
)
ss
By:
J Chief Financial Officer
LLC
Seal
day of November, 2017.
Notary Public
suzAilt{E GoRr{rK
My Comml$hn Elpircs
Merch 18,20tE
My Commission DI