20120126Application.pdf

"'
AMERICAN
1111111111111 C LEe
RECEIVED
2011 JAN 26 PM 12: 51
IDAHO PI.ÆUC
UTILITIES COMMISSION
20 Januar 2012
Jean Jewell
Commissions Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, il 83720-0074
CJL-I- I J--Q I
Dear Ms Jewell:
Included following is our application (together with two additional copies) on behalf of:
Optix Media L.L.C.
for a Certificate of Public Convenience and Necessity for Optix Media to operate in the
state of Idaho as a Competitive Local Exchange Carer (CLEC).
We are available to respond to any questions that the Commssion or Commssion Staff
may have regarding our application. Please address all inquines to:
Michael Tague
Amencan CLEC
tague(g AmencanCLEC.com
502-815-7171
Sincerely,~.¥.
Michael Tague
ww.AmericanCLEC.com
P.o. Box 4189. Louisvile, Kentucky 40204-0189
Toll Free 1-800-800-1842. 502-815-7008. FAX [phone]
"I
APPLICATION
FOR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FROM
OPTIX MEDIA L.L.C.
AS
COMPETITIVE LOCAL EXCHANGE CARRIER
17 JANUARY 2012
SUBMITED BY
MICHAEL TAGUE 502-815-7171 TAGUE(§AMERICANCLEC.COM
i. Proposed Services
Optix Media's plan involves the deployment of fiber lines to support high-speed Internet
and Voice services throughout Southern Idaho including: Pocatello, Blackfoot, Idaho
Falls, and Rexburg. We are seeking authorization to operate throughoutthe state so
that we can readily expand our service areas and pursue business opportunities where
they occur.
We wil be operating as a Facilities Based CLEC and plan an initial Interconnection
Agreement with CenturyLink. Our initial products wil include ADSL, SDSL, and T1 data
services together with channelized T1 and PRI voice services. We plan to market our
services in conjunction with complementary services offered by our affiliate: HJ LLC dba
Big Dog Internet.
Optix Media L.L.C. and HJ L.L.C. are separate corporations with common ownership.
The two companies wil market their products and services jointly to customers
throughout Idaho.
HJ L.L.C., dba Host Idaho, was begun in 1998 as an Internet service provider in
Southeast Idaho. In 2000, Host Idaho began offering wireless Internet services in
Pocatello and Soda Springs. In 2006 with an investment from the owner of Big Dog
Satellte, Host Idaho became Big Dog Internet and today operates throughout Southern
Idaho plus Grand Junction, Colorado and Ponce, Puerto Rico.
II. Form of Business
Company name and Principal place of business:
Optx Media L.L.C.
4978 Rainbow Ln
Chubbuck, 10 83202
The company is a Limited Liability Company organized in the State of Idaho, 19
December 2011 , to be a telecommunications carrier. A copy of its Idaho Certificate of
Organization in attached in Exhibit A. The registered agent is:
Brad McSpadden
7964 Prospector Hollow
Pocatello, 10 83201
The four owners of the company:
Name and Address Ownership Percentage Voting Percentage
Darren Miller
746 Homestead 25%25%
Chubbuck,ID 83202
Brad McSpadden
7964 Prospector Hollow 25%25%
Pocatello, 10 83201
Lysle David Barthlome
9950 Peppergrass 25%25%
Pocatello, 10 83201
Shane Mouton
314 S. 10th Ave 25%25%
Pocatello, 10 83201
The company has no subsidiaries.
III. Telecommunications Service
Optix Media plans to begin building its network within 90 days of having relevant
Commission approval and appropriate Interconnection/Structures Agreement in place;
this summer we anticipate.
Optix Media wil initially offer optically based dedicated point-to-point and point-to-
multipoint services including T1 and Ethernet based services to business class
customers and plans to collocate in the CenturyLink Pocatello Central Office to gain
access to copper circuits to supply ADSL, SDSL, and T1 s. Further deployment wil
involved remote terminals throughout our service territory.
IV. Service Territory
Initial service territories will be:
Pocatello
Blackfoot
Idaho Falls
Rexburg
Our initial service territories wil be in areas with CenturyLink as the incumbent.
V. Financial Information
Optix Media is a new company, but in Exhibit B we have included the 2010 and 2011
financial statements for our affiliate MJ L.L.C. dba Big Dog Internet.
VI. "Ilustrative" Tariff Filing
Our Ilustrative Tariff is included as Exhibit C.
Vii. Customer Contacts
Customer Inquiries and Complaints Contact:
Optx Media L.L.C.
4978 Rainbow Ln
Chubbuck, 10 83202
Customer Service
208-242-3711 (or 888-365-2669)
customerservice (§ optixmedia.net
Commission Contact
Brad McSpadden
208-339-5662
puc (§ optixmedia.net
VIII. Interconnection Agreements
Optix Media has not yet initiated interconnection negotiations but plans to do so as soon
as this applications has been submitted and plans to reach an Interconnection
Agreement with CenturyLink.
IX. Compliance with Commission Rules
The applicant has reviewed all of the Commission rules and agrees to comply with
them.
X. Escrow Account or Security Bond
Optix Media does not require advance deposits of its customers.
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251
CERTIFICATE OF ORGANIZATION
LIMITED LIABILITY COMPANY FILED EFFECTIVE
(Instructions on back of application) : : ;-:~c ¡ 9 i\1 9=
1. The name of th limited liabilit coa:n~: LLC. S1t"
, ::Ö~ liC. ..... "j'
2. The complete street and mailng addresses of the initial designated offce:
4918 Rainbo Lane Chubbok Idaho 83202
(Stre Adres)
SAME
(Mailing Addre, if dlfret than st ad)
3. The name and comple street addre of the registere agent:
Brad MCSpadden
(Name)
7964 Proctor Hollo Pocello. Idao 83201
(Street Address)
4. The name and addres of at least one member or manager of the limited liabilit
company:
lM
Brad MCSpadde
Ad :
7964 Prospect Hollo Pocello. Idaho 83201
5. Mailng address for future correspondence (annual report notices):
4978 Rainbo Lane Chubbuck, Idaho 8320
6. Future effctive date of filing (optional):
Signature of a manager, member or authorizedperson. .SkJnatre~~
Typ Naime: Brad Mcs en . . . .
Sec of Sla us only
Signature
Typed Name:
. . , . ~
. . . EAllfW STaTE12~/e.l1 851..CK: 4e: Ch 211115 It" 131111..... 1... ..LLie:
ce_orli Rlv. 071210 () J ô qiqL(
In the following Financial Statements, we have included our most recent 2009/2010
Accountant Compilation Report. Since 2011 just closed, we are only able to release
the 2011 Financial Statements with a REVIEW DRAFT stamp however the company's
management expect the final reports to be substantially in line with the draft.
e.'føI 1!l41
We ha coif the acng st of ass, lil an eq - In
tebasis of H J, LLC dba Big Co High Spe Int as of Debe 31, 2010
and th re ste of reenue, exen, af\d chge in .
b.. an casb flow - In ta basis fQr the ye th en.or re th acpa fil st an,
exf1 an opnfo or pi any 8Bnc abo ~rth ftncltte_inac wi ~ Inco t8 bais of acti.
Managment Is repønslle for th preparati and. fair preentatin of the. fi
atant in .ccan wi th in tax bais of acunting' fo d l
l and maita Inl co re to th n and fa. of th finci st. .
Our reeponlbllit Is to couct th' cotl in accrdance Wi St .
Sta s fo Acunting an Revie servloi Issued by the Amerl lbi Acnt. Th ob of . coilti is to 8S .pl' fincln In th form of ftnc: stemnt wi toobin or pn any assur tht th n no maal moti th Ih beme to th fi~al st. -
.
. Man.,nt hu ele to omit lUbatlll .11 of th diacufes orinar in infincl stteent prere in accan wi th ln ta bais of acng. Ifth om dis we in in th finc st~ th ndht.in th
user's coions abut th Co au. ia. equit, re. ex ancu fl. Accingl, th financ sten ar not de fo1h wh 8f no
. Infor ab such matra.
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Optix Media L.L.c.
Schedule of
GENERAL REGULATIONS FOR EXCHANGE SERVICES
Applying to the Local Exchange
Services and Facilties of this Company
in the State of Idaho
TABLE OF CONTENTS
Contents
APPLICATION OF PRICE LIST............................................................................................................. 6
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS
USED IN THIS PRICE LIST ..................................................................................................................7
CONTACT INFORMATION.................................................................................................................8
1.0 DEFINITIONS...............................................................................................................................9
2.0 REGULATIONS ..........................................................................................................................12
2.1 Undertaking of the Company...............................................................................................12
2.2 Shortage of Equipment or Facilties..................................................................................... 13
2.3 Selection of Transmission ...................................... .............................................................. 14
2.4 Notification of Service-Affecting Activities ............ .............................................................. 15
2.5 Provision of Equipment and Facilities..................................................................................16
2.6 Terms and Conditions ..........................................................................................................17
2.7 Non-routine Installation and Special Construction.............................................................. 18
2.8 Ownership of Facilities........................................................................... ........ ......................20
2.9 Rights-of-Way ......................................................................................................................21
This Page Intentionally Left Blank.............................................................................................. 22
This Page Intentionally Left Blank..............................................................................................23
2.12 Conflicts Between Price List and Commission Rules.......................................................... 24
2.13 Allowances for Interruptions in Service............................................................................. 25
2.14 Obligations of the Customer .............................................................................................. 27
2.15 Prohibited Uses.................................................................................................................. 28
2.16 Payments............................................... .............. ........................................... ...... ............. 29
This Page Intentionally Left Blank.............................................................................................. 31
2.17 Taxes, Charges, Fees ..........................................................................................................32
2.18 Deposits................................................................. ............................................................ 33
2.19 Refusal or Termination of Services .................................................................................... 34
2.20 Restoration of Service........................................................................................................ 39
2.21 Assignment ........................................................................................................................40
This Page Intentionally Left Blank
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND
ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST
The following symbols shall be used as set out below to descnbe specific changes made
to the onginal pnce list.
C Indicates a changed listing, rule, or condition, which may affect rates or
charges
D Indicates discontinued matenal, including a listing, rate, rule or condition
I Indicates an increase
M Indicates that the matenal has been relocated to_another par of pnce list
schedules with no change in text, rate, rule or condition
N Indicates new matenal including listing, rate, rule or condition
R Indicates a reduction
S Indicates reissued matter
T Indicates a change in wording of text, but not a change in rate, rule or
condition.
1.0 DEFINITIONS
The following words and terms when used in this pnce list shall have the meaning set out
by this section.
Access Lines: Telephone facilties which permts access to and from the Customer's
premises and the telephone exchange or serving central offce.
Advance Payment: A payment required before the start of service. Advanced payment
may consist of any required construction cost, all appropnate non~recurrng charges, and
an estimate ofthe first month's recurrng charges. Advance Payments wil be applied to
the first bil rendered by Company following implementation of services.
Agent: A business representative authonzed by the Company to bnng about, modify,
affect, accept pedormance of, or termnate contractual obligations between the Company
and its applicants or Customers.
Applicant: A person who applies for telecommunications service. Includes persons
seeking reconnection of service afer Company-initiated termnation.
Application: A request made in wnting for telephone service.
Authonzed User: A person, firm or corporation that is authorized by the Company to be
connected to the service of the Customer or joint user.
Automatic Number Identification (ANI): The automatic transmission of a callng party's
biling account telephone number to a local exchange Company, interexchange carer or
a third party subscnber. The pnmary purpose of ANI is for biling of toll calls.
Basic Rate Area: A specific geographic area, within which the schedule rates for local
exchange service apply without exchange line mileage and without special rates in lieu of
mileage.
Service Order: The wntten order for Services executed by the Customer and the
Company in the format devised by the Company. The signing of a Service Order by the
Customer and acceptance by the Company initiates the obligations of the respective
paries as set forth therein and pursuant to this pnce list; except that the duration of the
service is calculated from the Service Commencement Date.
Shared: A facilty or equipment system or subsystem that can be used simultaneously by
several Customers.
Small Business Service: Telephone service provided to businesses with five (5) or fewer
lines.
2.2 Shortage of Equipment or Facilities
The furnishing of service under this pnce list is subject to the availabilty on a continuing
basis of all facilties necessary to provide the service. Services wil be provided using The
Company's facilties or other carer's facilties as may be determned by The Company.
2.4 Notification of Service-Affecting Activities
The Company wil provide the Customer with reasonable notification of service-affecting
activities that may occur dunng the normal operation of its business. Such activities may
include, but are not limited to, equipment or facilities additions, removals or
rearangements and routine preventive maintenance. Generally, such activities are not
specific to an individual Customer but affect many Customers' services. No specific
advance notification penod is applicable to all service-affecting activities. The Company
wil work cooperatively with the Customer to determne reasonable notification
requirements. Notification to the Customer may not be possible with some emergency or
unplanned service-affecting conditions, such as an outage resulting from cable damage.
2.6 Terms and Conditions
2.6.1 Service is provided on a minimum term basis of at least one month, using 24-hours
per day for each day of the month. For purposes of this price list, a month is considered to
have thirty days. All calculations of dates set fort in this price list shall be based on
calendar days, unless otherwise specified herein.
2.6.2 This pnce list shall be interpreted and governed by the laws of the State of Idaho
and the Rules issued by the Idaho Public Utilties Commssion.
Special construction wil be undertaken at the discretion of the Company consistent with
budgetary responsibilties and consideration for the effect on Company's other Customers
and contractual responsibilties.
2.7.3 If required by the Company, the Customer shall make an advance payment before
services are furnished and such advance payment wil be credited to the Customer's
initial bilL. The Company may require such an advance payment, in addition to a deposit,
when additional costs are incurred to perform special or extraordinar construction to
provide services required by the customer.
2.9 Rights-of-Way
Provisioning of the Company's services is subject to and contingent upon the Company's
abilty to obtain and maintain nghts-of-way and access to public and pnvate property
necessar for installation of the facilties used to provide the Company's services to the
Customer's service point as agreed to by the Company.
This Page Intentionally Left Blank
2.13 Allowances for Interruptions in Service
A credit allowance wil be given for interrptions of service, subject to the provisions of
this section.
2.13.1 Credit for Service Interrptions
A credit allowance wil be made when an interrption in service occurs. An interrption
in service is considered to exist when the local service quality detenorates to such an
extent that the customer cannot make local calls or cannot receive local calls or cannot
use the service for voice grade communications because of cross talk, static or other
transmission problem.
An interrption penod begins when the Customer reports a circuit, service or facilty to
be interrpted and releases it for testing.
2.13.1.1 The Company must restore service: within sixteen (16) hours after the report of
the outage if the customer notifies the telephone company that the service outage creates
an emergency; or
2.13.1.2 within 24 hours after the report of the outage if no emergency exists.
2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following
Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the following
Monday, whichever is sooner.
2.14 Obligations of the Customer
2.14.1 The Customer shall provide at no charge, as specified by the Company, any
personnel, equipment, space, power, heating and air conditioning needed to operate, and
maintain a proper operating environment for the Company's facilties and equipment
installed on the Customer's premises
2.14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company
may make such tests and inspections as may be necessary to determne that the Customer
is complying with the requirements set forth herein for the installation, operation, and
maintenance of Customer-provided facilities, equipment, and winng in the connection of
Customer-provided facilties and equipment to Company-owned facilties and equipment.
2.14.3 If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessar to protect its
facilties, equipment, and personneL. The Company wil notify the Customer promptly if
there is any need for further corrective action. Within ten days of receiving this notice,
the Customer must take this corrective action and notify the Company of the action taken.
If the Customer fails to do this, the Company may take whatever additional action is
deemed necessary, including the suspension of service, to protect its facilties, equipment
and personnel from har.
2.16 Payments
2.16.1 Customer Obligations
2.16.1.1 The Customer shall pay outstanding charges in full within 30 days ofthe invoice
date. Charges normally wil be invoiced in advance, with monthly recurnng charges
invoiced on or about the first of the month for which the charges apply. Amounts not paid
within 30 days after the date of the invoice are considered delinquent.
2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether
or not authonzed by the Customer, except in those instances where it has been
determned that the Customer's present and former employees, agents and authonzed
users were not responsible for calls biled to the Customer via third pary biling and the
Company did not venfy that the charges for the call would be accepted. The Customer is
not responsible for unauthonzed use of service to the extent such use is proximately
caused by the Company's wilful or negligent act.
2.16.2 Disputed Bils
2.16.2.1 Any Customer who disputes a portion of a bil rendered for Company services
shall pay the undisputed portion of the bil and notify the Company that such unpaid
amount is in dispute within thirty (30) days of receipt of the bil. If such notice is not
received by the Company within thirty (30) days as indicated above, the Company shall
consider the bil statement to be due and payable in full by the Customer. Payment of the
amount due by the Customer does not constitute a waiver of the Customer's rights under
the provisions of IDAPA 31.41.01.204 to challenge any biling amount due or paid to the
Company.
2.16.2.2 In the event a Customer and the Company cannot resolve a biling dispute to
their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in
accordance with the Idaho PUC's Rules. The address and telephone numbers for the
Idaho PUC are:
Idaho Public Utilties Commssion
P.O. Box 83720
Boise Idaho 83720-0074
334-0300 (within the local calling area)
1-800-432-0369 (from outside the local calling area)
This Page Intentionally Left Blank
2.18 Deposits
The Company wil not require advance deposits.
2.19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way
which have been specified by the Company as necessar to and a condition for providing
service to the applicant; or
2.19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service.
2.19.2 Grounds for Termnation with Wntten Pnor Notice
Except as otherwise specified in this pnce list or Idaho PUC rules, the Company may,
upon reasonable wntten notice to the Customer, discontinue services for any of the
following reasons:
2.19.2.1 for nonpayment of any undisputed amounts owing to the Company;
2.19.2.2 for services provided to premises that have been vacated by the Customer;
2.19.2.3 for tampering with the Company's property;
2.19.2.4 for violation of rules, service agreements, or fied pnce lists;
2.19.2.5 for use of Customer equipment which adversely affects the Company's property,
facilities, or service to its other Customers, or upon condemnation of any material portion
of the facilties used by the Company to provide service to a Customer, or if a casualty
renders all or any matenal portion of such facilties inoperable beyond feasible repair; or
2.19.3.4 Customer Unable to be Contacted. The Company has tned dilgently to provide
reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the
Customer.
2.19.3.5 Misrepresentation ofldentity. The Customer has misrepresented the Customer's
identity for purposes of obtaining telephone service and either does not have or has an
inadequate secunty deposit on fie with the Company.
2.19.3.6 for any governmental prohibition, or required alteration of the services provided,
or any violation of any applicable law or regulation, or unlawful use of service or use of
service for unlawful purposes, the Company may immediately discontinue or suspend
service.
2.19.4 Notice of Disconnection
2.19.4.1 Seven-Day Notice
Except as otherwise provided under the provisions ofIDAPA 31.41.01.303.04 and
31.41.01.305, the Company wil mail to the Customer wntten notice oftermnation at
least seven (7) calendar days before the proposed date of termnation. The wntten notice
wil contain the information required by IDAPA 31.41.01.306.
2.19.4.2 Twenty-Four-Hour Notice
At least twenty-four (24) hours before actual termnation, the Company wil dilgently
attempt to contact the Customer affected to appnse the Customer of the proposed action
and the steps to tale to avoid or delay termnation. Oral Notice wil contain the same
information as required by IDAPA 31.41.01.306.
2.20 Restoration of Service
2.20.1 A reconnection charge shall be imposed on any Customer whose service has been
discontinued pursuant to the provisions of Section 2.19 of this pnce list. The Company
reserves the nght to refuse to restore service until all amounts due have been paid.
2.20.2 Should the Customer request that service be restored dunng a penod other than
regular working hours, such as evenings or weekends, the Customer may be required to
pay an afer-hour charge for service reconnection.
2.22 Promotions
The Company may provide promotional offenngs from time to time. The Company wil
notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any
such promotions.
2.24 Public Notice
The Company shall give public notice of all proposed changes in rates. Public notice
must be reasonably designed to call the attention of Customers who are affected by the
changes to the proposed changes in rates. Legal advertisements alone wil not be
considered adequate public notice. Individual notice to all Customers affected wil always
constitute public notice
3.2 Service Descriptions
3.2.1 Residential Service
3.2.3 Lines and Trunks
3.2.6.1 Nonlisted Number Service Descnption
Nonlisted Service: A directory listing service wherein a Customer is not listed in the
published directory, but is listed in the directory assistance database.
3.2.6.2 Nonpublished Number Service Descnption
Non-Published Service: A directory listing service wherein a Customer is not listed in the
published directory or in the directory assistance database.
3.2.7 Miscellaneous Charges
3.2.7.1 Installation Charges
3.3.7.3 Charges for Additional and Overtime Labor
3.2.8.2.1 Eligibilty and qualification determnations wil be performed according to the
telecommunication provider's federal tanff and/or 47 C.F.R. Par 54.
3.2.8.2.2 Each eligible paricipating resident of Tnbal Lands must provide to its local
service provider a signed document certifying under penalty of peijury that the customer
receives benefits from at least one of the programs mentioned.
3.2.8.3 Lifeline Discounts - applied to tanffed monthly recurnng rates and charges for
qualifying residential customers.
Monthly discount (not to exceed the rate charged for the grade of subscnbed residential
basic local exchange service) $3.50
Additional federal discounts may apply:
Tier 1 - Monthly service discount equal to the subscnber line charge $3.50
Tier 2 - Monthly service discount for customers of eligible telecommunications
carers who have received non-federal regulatory approvals $1.75
Tier 3 - Monthly service discount equal to one half of the amount of any state
support up to a maximum of $1.75
Tier 4 - Eligible residents of Tnbal Lands may be eligible for discounts of up to
$25. This discount may not bnng the local residential rate to below $1.00 per
month $25.00
3.2.8.8 Customers paricipating in either of these assistance programs must notify the
company of any changes that would afect qualification. Venfication of eligibilty wil be
established by the Department of Health and Welfare and wil be reviewed annually.
3.2.8.9 When the customer is no longer eligible, the discount wil be discontinued and
regular tanff rates and charges wil apply.
3.2.8.6 Recovery
The cost of providing assistance through ITSAP shall be recovered by imposing a
monthly surcharge determned by the Public Utilties Commssion and assessed on each
line used for providing residential and business access. Paricipating ITSAP customers
are exempted from this surcharge.
$.05/line/month
3.2.9 Idaho USF Surcharges
A surcharge is assessed on all access lines to contnbute towards funding for an Idaho
Universal Service Fund. The Surcharge Rate is established by the Commssion and wil
be assessed to each business and residential line.