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HomeMy WebLinkAbout20180604Final Approved CLEC Tariff.pdfJudith A.Riley,J.D.12316 Hidden Forest Blvd. Oklahoma City,Ok 73142 Via UPS OvernightDelivery Idaho Public Utilities Commission Telecommunications Division 472 W.Washington Boise,ID 83720-0074 (208)334-0300 RE:Final Tariff Filing Docket No.MAG-T-17-01 Idaho Public Utilities Commission: I have enclosed an original and one (1)copy of Magna5 LLC's final Local Exchange Tariff No. 1 and an original and one (1)copy of their final InterexchangePrice List. Please direct any questions to my attention at (405)755-8177 ext 103 or by email at mdean@telecompliance.net. Respectfully, Matt W.Dean Regulatory Agent for Magna5 LLC Office (405)755-8177 (800)406-4777 Fax (405)755-8377 Magna5 LLC M P.UC.Tariff No.l Original Page l LOCAL EXCHANGE SERVICES TARIFF OF MAGNA5 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 Legacy Dr.,Suite 180,Plano,TX 75024. Magna5 LLC can also be reached at 866-240-1912 toll free. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 2 LOCAL EXCHANGE I ll ITO\iN11 Nlt \\lONS 51 RVKTS CHECK LIST Current sheets in the Tariff are as follows: PAGE Revision PAGE Revision PAGE Revision PAGE Revision 1 Original 31 Original 2 Original 32 Original 3 Original 33 Original 4 Original 34 Original 5 Original 35 Original 6 Original 36 Original 7 Original 37 Original 8 Original 38 Original 9 Original 39 Original 10 Original 40 Original 11 Original 41 Original 12 Original 42 Original 13 Original 43 Original 14 Original 44 Original 15 Original 45 Original 16 Original 46 Original 17 Original 47 Original 18 Original 48 Original 19 Original 49 Original 20 Original 50 Original 21 Original 51 Original 22 Original 23 Original 24 Original 25 Original 26 Original 27 Original 28 Original 29 Original 30 Original *Indicates new page revision with this issue Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 3 LOCAL ENCl i ANG TELECOMMUNICATIONS SERVICES TITLE PAGE.............................................1 CHECKSHEE T.................................................2 TABLE OF CONTENTS.....................................................3 SYMBOLS ....................................................................4 TARIFF FORMAT ......................................................................................5 INTRODUCTION ...............................................................................................6 SECTION 1 -TECHNICAL TERMS AND ABBREVIATIONS ...............................................7 SECTION 2 -RULES AND REGULATIONS.....................................................12 SECTION 3 -DESCRIPTION OF SERVICE.........................................................37 SECTION 4 -RATES....................................................................................47 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial ( 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 4 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES M henes er taritT sheets are ret ised,changes n in be identiled by the followingsymbols: (C)To signify changed regulation. (D)To signifydeleted or discontinued rate,regulation or condition. (I)To signify a change resulting,in an increase to a customer's bill. (M)To signify material moved from or to another part of tariff 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 5 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES A.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. B.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 eh,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 currentlyin effect. C.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. 2.1.1. 2.1.1.A. 2.1.1.A.1. 2.1.1.A.1.(a) 2.1.1.A.l.(a).I 2.1.1 A.1 (a).1.(i) 2.1.1 .A.1.(a).1 (i)(1) D.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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 6 INTRODUCTION This tariff ("Tariff')contains the regulations and rates applicable to the furnishingof intrastate, common carrier,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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 7 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 1 -TECHNICAL TERMS AND ABBREVIATIONS Certain terms used throughoutthis 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 billingpurposes. 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. Companv "Company"refers to Magna5 LLC,unless otherwise specified. Credit(s) "Credit(s)"has the meaning set forth in Section 2.26. Credit Allowances "Credit Allowances"has the meaning set forth in Section 2.26. 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 8 LOCAL EXCHANtil !H 00 O\1\ll NR ATIONS SE R\It TN SECTIONl-TECHNICAL RNN \ND \BBRI.\\\lM\<RONiln FCC "FCC"means the Federal Communications Commission. Governmental Authority "Governmental 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 (July4),Labor 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñcer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 9 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION l -TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) Local Exchange Carrier ("LEC") "LEC"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. Local Access and Transport Area ("LATA") "Local Access and Transport Area"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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 10 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES "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 UnderlyingCarriers. Scheduled Interruption "Scheduled Interruption"means an Interruptionwhich 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 "Service Commencement Date"means either (i)the first day followingthe 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,mutuallyagreed 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.I Original Page 11 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 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,any clearinghouses,LECS,Other Providers,credit card companies or other third parties who bill Customers for Services on the Company's behalf. UnderlyingCarrier(s) "UnderlyingCarrier(s)"means the LEC(s)or other Carrier(s)whose services are resold or leased by the Company pursuant to this Tariff. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 12 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 2.1 Undertaking of the company 2.1.1 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.In 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. 2.1.2 Conditions to Company's Oblications 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 13 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 2 -RULES AND REGUIATIONSJCONT'D) 2.1 Undertaking of the companvíCont'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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 14 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 2 -RULES AND REGULATIONS CONT'D) 2.2 Responsibility and Use 2.2.1 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 Notwithstandingany 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 fraudulert use of Services. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 15 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 2 -RULES AND REGULATIONS (CONT'D) 2.5 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 17 LOCAL EXCHANGl Til i CO\1\l NICATIONS SERVICES SECTION 2 -RULES AND REGULATTONS (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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 18 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 2 -RULES AND REGULATIONSJCONT'D) 2.10 Interruption The Company,without incurring any liability whatsoever,may make Scheduled Interruptionat 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. 2.11 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. 2.12 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 19 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 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 Pavments 2.14.1 Except 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. 2.14.2 All amounts stated in each monthlyinvoice 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.Local 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 followingmonth'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 followingthe 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 20 LOCAL EXCHANGE TELECOMMUNICATIONS Si RVICES 2.14 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 (10)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 conclusivelycorrect 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 followingthe 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 21 LOCAL EXCHAMiE I l IN OM\U >M il lONS SERVICES 2.17 Advance Pavments 2.17.1 Recurrine Advance Pavments 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.A Customer who in the last twelve (12)months has had service disconnected either from The Company or from another utility; B.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, includingwithout 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 22 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 incurringany 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 followingreasons: A By order of a Governmental Authority; B In the event of any unlawful,unauthorized or fraudulent use of or access to the Services,includingwithout 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; C 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 D 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. Issued:May 25,20l8 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 23 LOCAL EXCHAMil TEl I O\lMi NK'\\H)NS NFRYKTS 2.21 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 911 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 negligencewill also be limited to the amounts described in Section 2.22.1 Hereof. 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 24 LOCAL EXCHANGE TELECOMMUNICATIONS S R VICES 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 (including911 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 (including911 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.It is also the court's responsibility to determine the validity of the exculpatory clause. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 25 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 UnderlyingCarriers'or Other Providers'Performance Failure,(ii)any act or omission of any third party furnishingequipment,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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 26 LOCAL EXCHAMiE ITI Et OM\H \K \l lONS SIRVICES 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 In.jury,death,loss or damage was proximatelycaused 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 Section 2.24 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 validityof the exculpatory clause. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 27 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 2.25 Indemnification bx 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 Infringementof any patent,copyright,trademark,trade name,service mark or Trade secret arising from:(i)the transmission of any material transmitted (a)By any Subscriber of (b)by any other person using the Services provided to any Subscriber,Subscriber location or Authorization Code;or (ii)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,any unauthorized, unlawful,or fraudulent use of or access to the Services provided to Subscribers. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 28 LOCAL EXCHANGl 11 I i COM\H NIC \l iuNN SI R\KTS SECTION 2 -RULES AND REGULATIONS (CONT'D 2.26 Credits and Credit Allowances for Interruptions in Service and or Service Outages 2.26.1 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 multiplyingthe 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 interruptionor 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 31.41.01.502.01 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñcer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 29 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 2.27 Local Callino 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 Relav 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,unavailabilityof 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 30 2.31 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 31 L(X'AL EX(I LtNGE TELECOMMUNICATIONS SERVICES 2.34 M 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 32 1,OCAI,EXCll \NG1 Il l MX)MN1l NK \llONS Si R\KTS SECTION2-luTI5 \\\3REM i \ll)NNGONi'it 2.35 Special Construction 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 normallyprovide 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 actuallyincurred labor,material and other costs,and (iii)may include without limitation recurring,nonrecurring,and early termination Charges. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 33 LOCAl F M'l lANGE TELECOMMUNICATIONS U RVICES 2.36 Customer Complaints and/or BillingDisputes 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 Legacy 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 billingdispute.Customers may contact the Commission at the followingaddress: The Idaho Public Utilities Commission 472 West Washington Street Boise,ID 83702 Toll Free 1-800-432-0369 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 Ll (Idaho P.UC.Tariff No.1 Original Page 34 LOCAl l-M'llANtil 11 1 1 (1)M\l N1(il lONS RRVICTS SECTION 3 -DESCRIPTION OF SERVICE 3.1 Local 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 Local Service is an intrastate,telecommunications service which permits Customers to establish communications between two locations within one local exchange.Switched Local Service interfaces with the local central office equipment. Switched Local 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 Local Calling Area;(ii)access 911 Service if available in the Customer's Local 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,and 711). The Company will charge a Customer applicable Non-Recurring Charges, monthlyRecurring Charges,and Usage Charges as specified in Section 4. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 35 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 3 -DESCRIPTION OF SERVICE 3.1 Local Exchange ServiceíCont'd) 3.1.2 Dedicated Local Service Dedicated Local Service is an intrastate,telecommunications service which permits Customers to establish communications between two locations within one local exchange.Dedicated Local Service interfaces with the local central office equipment. Dedicated Local 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 Local Calling Area;(ii)access 911 Service if available in the Customer's Local 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, monthlyRecurring Charges,and Usage Charges as specified in Section 4. Dedicated Local Service can be provided via Digital Subscriber Level 1 (DSl), Integrated Services Digital Network (ISDN)Primary Rate Interface (PRI),Digital Subscriber Level 3 (DS3),Optical Carrier Level 3 (OC3),Optical Carrier Level 12 (OC12),and Optical Carrier Level 48 (OC48). Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 36 LOCAL EXCHANGE TELECOMMUND ATIONS SERVICES 3.1 Local Exchange Service (Cont'd) 3.1.3 Local 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 trafñc 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 Local ISDN PRI will be considered switched. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 37 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES 3.1 Local Exchange Service (Cont'd) 3.L4 Leased 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,includingmileage and Customer commitment to a volume of service for a fixed term of months. Leased Line Services are available from the Compañy,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.Leased Line service is provided to Customers with transmission speeds of either DS1 (1.544 Mbps),DS3 (44.736 Mbps),OC3 (155.52 Mbps), OCl2 (622.08 Mbps)and OC48 (2,488.32 Mbps). Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 38 LOCAL EXCHANG)1 El I OMMUNICATIONS SERVICES SECTION3-DESCRlPil0\00 M R\Kl N ED: 3.1 Local Exchange Sers ice (Com'd) 3.1.5 Unlimited Domestic Lone 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 followingoptional 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 39 LOCAL EXCHANGE l ELECOMMUNICATIONS SERVKTS 3.1 Local Exchange Services/Cont'd) 3.L8 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-digitcode. Call Trace This service permits the tracing of the last call received and holds the information for an authorized law enforcementagency. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 40 LOCAL LMl lAMiL 11 I líX)M\H NT A l k)NS NER\K I S SECTION 3 -DESCRIPTION OF SERVICE R O\!TO 3.1 Local 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. Speed 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.1 Original Page 41 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.I Original Page 42 LOCAL EXCHAlt(iE LEl I ()\l\U N!t'\l R)NS SI-RVl(TS 3.2 Directorv 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 withdrawingany 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 43 3.3 911 l mereenes senice 3.3.1 911 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 911 Service facilities to discover errors,defects,or malfunctions in 911 Service. 3.3.3 Upon the Company's transmittal of a Customer's 911 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 44 LOCAL EXCHANGE TELECOMMUNICATIONS 4 R \RE 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/Activation Fee 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. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 45 LOCAL EXCHANGE TELECOMMUNICATIONS SERYKTS 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 UnderlyingCarrier. 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 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 i LC Idaho P.UC.Tariff No.l Original Page 46 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 4 -RATES (CONT D) 4.6 Business Local Exchange Services 4.6.1 Non-recurrine Charges Processing/Application Fee $50.00 Activation Fee/Restoral Fee $50.00 4.6.2 Recurring Charges Business Basic Service $99.99 Call Restriction Included Directory Listing Included 911 Service Included Hearing Impaired Service Included Access Charge Included Area Calling (where available)$25.00 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 47 LOCAL EXCIIANGE 1El COMMI NK AllONS Si RVKTS SECTION4-R \,,L i)N in 4.6 Business Local Exchance Services 4.6.3 Business Packages Monthlv Package A $95.99 Each additional line $95.99 Unlimited local calling 100 minutes of LD Package B $99.99 Each additional line $99.99 Unlimited local calling 100 minutes of LD Caller ID Call Waiting Three-Way Calling Package C $119.99 Each additional line $119.99 Unlimited local calling Unlimited long distance Caller ID Call Waiting Three-Way Calling Issued:May 25,2018 Effective:June 4,2018 By:Joseph O Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 E LC Idaho P.UC.Tariff No.1 Original Page 48 LOCALEXCHANGl EH l\l Ni \ER)\¾9 RTU S 4.6 Business Local Exchange Services (Cont'd) 4.6.3 Business Packages (Cont d)Monthly Package D $129.99 Each additional line $129.99 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 Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P UC.Tariff No.I Original Page 49 LOCAL EXCHAN(iE I liL(UM\H 510 \llONS SER\KTS SECTION 4 RATES (CONTB 4.7 Additional Non-recurringCharges Add/Change/Delete Features $30.00 Caller ID Setup Fee $20.00 Change Name $30.00 Change TelephoneNumber $50.00 Non-Productive Trip Charge $200.00 Move -Order $150.00 4.8 Individual Feature Recurring Charges Call Block $9.99 Call Forwarding $9.99 Call Return $9.99 Call Trace $18.99 Call Waiting $9.99 Caller ID $12.99 Speed Dial $8.99 Three-Way $9.99 Unpublished Number $9.99 Voice Mail $12.99 Long-Distance 100 Minutes $9.99 Long-Distance 200 Minutes $14.99 Long-Distance 500 Minutes $29.99 4.9 Directory Assistance "1-411"local directory assistance $1.29 per call "1-XXX-555-1212"directory assistance $0.99 per call Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Ofñeer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 ELE Idaho P.UC.Tariff No.l Original Page 50 4.10 Dedicate Service -Nonrecurring InstalkttionCharges Transmission Speed Term of Contract in Months 12 DSl $1,000.00 PRI $1,000.00 Note:The foregoing rates represent a onetime installation charge associated with the Service. 4.1l Dedicated Service -Base Rates for Recurring Charges Transmission Speed Duration of Contract (in months) 12 DS1 $0.B10 Note:The foregoing monthlyrates 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:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho Magna5 LLC Idaho P.UC.Tariff No.l Original Page 5 l LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES SECTION 4 -RATESJCONT'D) 4.2.6 Dedicated Service -Volume Discount Percentages by Contract Term Volume Term of Contract in Months 12 $100,000.00 3% $200,000.00 5% $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 monthlycost of service and are applied to the base rate per circuit,per month. Issued:May 25,2018 Effective:June 4,2018 By:Joseph O'Hara,Chief Financial Officer 5445 Legacy Dr.,Suite 180 Plano,TX 75024 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING June 4, 2018 Boise, Idaho