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HomeMy WebLinkAbout20121025Revised Application.pdfCaleb Hansen 3163 E Fairview Ave STE 150 Meridian, ID 83642 208-321-2534 (office) CalebSatdelight.com Representing Praxis Limited Co RE.: 201OcT75 Ph 1:1.8 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Praxis Limited ) Co for Certificate of Public ) Convenience and Necessity to ) Provide Competitive Local ) Exchange Service in Idaho ) CASE NO. PLC-T-12-01 Praxis Limited Co. Proof of Service PURSUANT TO IDAPA 31.01.064; I CALEB HANSEN DO HEREBY CERTIFY that I have this day Of October the 25th 2012 served the foregoing documents 1)"Praxis Limited Co. Application for New CLEC Certificate of Public Convenience and Necessity" 2)"Exhibit A: Praxis Limited Co. Illustrative Tariff' 3)"Exhibit C: Praxis Limited Co. Supplemental Documents" upon all parties of record in this proceeding, by delivering 1 original and 3 copies of each document in person: Jean Jewell Secretary - Idaho Public Utilities Commission 472 W. Washington St. Boise, ID 83702 ______ •IIW!IPIJP lillis shall replace their Counterparts filed on July] (Exhibit B is not replaced and shall remain on file) Caleb Hansen 3163 E Fairview Ave STE 150 701?rT 2S F1 J: L Meridian, ID 83642 rw 208-321-2534 (office) CalebSatdelight.com Representing Praxis Limited Co BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Praxis Limited ) Co for Certificate of Public ) Convenience and Necessity to ) Provide Competitive Local ) Exchange Service in Idaho ) CASE NO. PLC-T- 12-01 Praxis Limited Co. Application for New CLEC Certificate of Public Convenience and Necessity Pursuant to Title 62 of the Idaho Code, Commission Order No. 26665, IDAPA 31.01.114 (Rule 114), and applicable law; Praxis Limited Co requests that the Commission issue the Company a Certificate of Public Convenience and Necessity and any other Certifications necessary to undertake business as a Competitive Local Exchange Carrier in the State of Idaho. The following necessary facts and information supporting this application are hereby submitted to the Commission for consideration. Praxis Limited Co. New CLEC Application for CPCN Page 1 of 7 Company Background Praxis Limited Co has been doing business as "A+ Satellite" in Idaho since 2005. Our showroom on Fairview and Eagle has been helping customers since 2008. We retail Satellite TV service, Internet, and Phone primarily in the Treasure Valley. We have thousands of active customers in the valley with TV, Phone, and/or Internet service purchased from A+ Satellite. We seek to increase the control we have over the customer experience because we know that we can improve it. The A+ Satellite Showroom at Fairview & Eagle A+ Satellite is also in the business of building and maintaining private cable systems for Commercial and Bulk applications. We undertake to build and maintain Cable systems, which do not cross public right-of-ways, for properties such as Apartments, Hotels, Hospitals, Assisted Living Centers, and other commercial or bulk applications. We seek to provide the best experience possible for our customers, both business and residential, by providing a unified offering to meet all of their telecommunications needs including Video, Voice, and Data services. Praxis Limited Co. New CLEC Application for CPCN Page 2 of 7 Our Market of Primary Focus will be the Treasure Valley area in southwest Idaho. We plan to focus on the Treasure Valley Market exclusively for 2 years before expanding. We do not currently have specific plans to build facilities, but that is an area we are excited to invest in as our business expands. Marketing: Paul J Schneider of 670 KBOI has been endorsing A+ Satellite for over 3 years. We will immediately use this endorsement and advertising schedule (Currently running over 100 spots per month) to promote our Voice and Data offerings as a CLEC. A+ Satellite has a great deal of name recognition and trust by his listeners. Our current marketing plan also utilizes phone books, direct mail, door-hangers, and events. As growth allows, TV and additional radio advertising will be utilized. We also have a great referral rate from our customers; we will continue to focus on this valuable source of new business. Reason for seeking Certification Currently for ongoing customer service, or even something as simple as billing issues, we are contractually restricted from offering assistance and our customers must contact the "provider" directly. This is a significant inconvenience to the customer, as well as a significant restriction to the quality of care we can provide. Another public inconvenience we seek to alleviate is the wait time for installation. Many of our "retail" customers must wait several days, even over a week at times to have their service installed. These customers must wait even though we have technicians available that could get the job done much sooner. Providing convenience, and the best overall experience for customers obtaining and using necessary services is our goal as a Competitive Local Exchange Carrier. Praxis Limited Co. New CLEC Application for CPCN Page 3 of 7 Information Required for Application Praxis Limited Co 3163 E Fairview Ave # 150 Meridian, ID 83642 An Idaho Limited Liability Company doing business as "A+ Satellite" Registered Agent: Caleb Hansen 3163 EFairview Ave #150 Meridian, ID 83642 Company Name: Praxis Limited Co dba A+ Satellite. The terms "Company", "Praxis Limited Co" and "A+ Satellite" are used interchangeably. Date to begin providing service: The Company is making every effort to begin offering services for resell by December 1st 2012. Customer Classes and Services: Company proposes to offer Local Exchange Service for Residential, and Business customers in the Service Territory. Service Territory: Those parts of the state of Idaho which are served by CenturyLink as the Incumbent Local Exchange Carrier. Intended Manner of Service: Company intends to offer service on a resale basis initially; Company's Interconnection Agreement with Centurylink allows for facilities based operations, which Company may elect to undertake at a later date. Competition: CenturyLink (the Incumbent) will be our most significant competition. Other CLECs, authorized retailers, etc. will make up the remainder of the competition. We are in a mature and very competitive industry, and are under no illusions to the contrary. We are familiar with the market, and our commitment to the customer experience has proven to be a competitive advantage upon which we can build success. Description of Property: A+ Satellite does not currently own any existing "facilities" for carrying local exchange service. Praxis Limited Co. New CLEC Application for CPCN Page 4 of 7 Contact information for consumer inquiries and complaints from the public: Customer Service 3163 E Fairview Ave #150 Meridian, ID 83642 208-321-2534 (local) 888-315-9429 (toll free) Service@Satdelight.com Contact for the Commission Staff for resolving complaints, inquiries and matters concerning rates and price lists or tariffs: Caleb Hansen 208-321-2534 (office) CalebSatdelight.com Interconnection Agreements: Company has elected to adopt the interconnection agreement made between "CentuiyLink" and "Optix Media LLC". Principals Telecommunications and Management Experience: Principals of Praxis Limited Co are Caleb Hansen and Blake Summers who are each 50% shareholders. Their 12 years of combined Telecommunications and Management experience is all with Praxis Limited Co dba A+ Satellite which they have built from the ground up. Technical: Both Principals have a background in installations of residential TV systems and home wiring. They have continued to expand the scope of their company's undertakings as well as their experience to building private cable systems for commercial applications. They have shown an ability to quickly master new systems and technologies that will be indispensable in operating as a Competitive Local Exchange Carrier. Praxis Limited Co. New CLEC Application for CPCN Page 5 of 7 Customer Service: Under their Leadership A+ Satellite was recognized as the #1 quality Directv Dealer in the western states in an annual competition among retailers. A+ Satellite also consistently boasts among the highest customer satisfaction rates and lowest customer cancellations. They maintain several thousand happy customers in the Treasure Valley and an "A+" rating with the Better Business Bureau. Perhaps their loudest recommendation comes from their customers: In a recent survey asking 50 new customers to grade A+ Satellite on several criteria including overall experience, utilizing a scale from 1 to 10, more responses of "10+" were received than all answers of 9 or lower combined. "10+" was not an option listed on the survey. Illustrative Tariff Filings: Submitted as Exhibit A Financial Information: Submitted as Exhibit B Supplemental Documents: Submitted as Exhibit C Praxis Limited Co. New CLEC Application for CPCN Page 6 of 7 Statement of Compliance with Commission Rules: I have reviewed and understand all of the Commission rules and agree to comply with those rules. Signed___ Date By: Caleb Hansen Notary: State of Idaho S.S. County of 4L ) On this day of , in the year of 201 , before me Jw 11 X,dJ personally appeared CaJd.b /-kns'r, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged that be (she) (they) executed the same. Pu Nblic ' My Commission Exqpes on JO/I3,LO/3 / ¶p1A, . -- :* Praxis Limited Co. New CLEC Application for CPCN Page 7 of 7 Caleb Hansen 3163 EFairview Ave STE 150 Meridian, ID 83642 208-321-2534 (office) CalebSatdelight.com Representing Praxis Limited Co ?01 20CT25 PM I:I1 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Praxis Limited ) Co for Certificate of Public ) Convenience and Necessity to ) Provide Competitive Local ) Exchange Service in Idaho ) CASE NO. PLC-T-12-01 Exhibit A: Praxis Limited Co. Illustrative Tariff Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Exhibit A: Praxis Limited Co Illustrative Tariff Cover page IDAHO PUBLIC UTILITIES COMMISSION Praxis Limited Co. Illustrative Tariff Schedule of GENERAL REGULATIONS FOR EXCHANGE SERVICES Applying to the Local Exchange Services and Facilities of this Company in the State of Idaho Exhibit A: Praxis Limited Co Illustrative Tariff I Page 1 4- c D 0 cu I E cu E Io U CHECK SHEET Current sheets in the price list are as follows: Sheet Revision 1 Original 2 Original 3 Original 4 Original 5 Original 6 Original 7 Original 8 Original 9 Original 10 Original Sheet Revision 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 Original 18 Original 19 Original 20 Original Sheet Revision 21 Original 22 Original 23 Original 24 Original 25 Original 26 Original 27 Original 28 Original Exhibit A: Praxis Limited Co Illustrative Tariff Page 2 0= . 0 NA a) .; E Io U TABLE OF CONTENTS Subject Matter Sheet Number Title Page 1 Price list Check Sheet 2 Table of Contents 3 Application of Price list 6 Symbols 6 Contact Information 7 SECTION 1.0—DEFINITIONS 8 SECTION 2.0 - REGULATIONS 10 2.1 Undertaking of the Company 10 2.2 Shortage of Equipment or Facilities 10 2.3 Selection of Transmission 11 2.4 Notification of Service-Affecting Activities 11 2.5 Provision of Equipment and Facilities 11 2.6 Terms and Conditions 11 2.7 Non-Routine Installation and Special Construction 12 2.8 Ownership of Facilities 13 2.9 Rights-of-Way 13 2.10 Liability 13 Exhibit A: Praxis Limited Co Illustrative Tariff I W Page 3 D 0 I G) WE WE Io U TABLE OF CONTENTS (CONT'D) Subject Matter Sheet Number 2.11 (Reserved) 16 2.12 Conflicts Between Price List and Commission Rules 17 2.13 Service Restoration Deadline 17 2.14 Obligations of the Customer 18 2.15 Prohibited Uses 18 2.1,6 Payments 19 2.17 Taxes, Charges and Fees 21 2.18 Deposits 22 2.19 Refusal or Termination of Services 22 2.20 Restoration of Service 25 2.21 Assignment 26 2.22 Promotions 26 2.23 E-911 26 2.24 Public Notice 26 SECTION 3.0 - LOCAL EXCHANGE SERVICES 27 3.1 General 27 3.2 Service Descriptions 27 SECTION 4.0 - RATES 28 Exhibit A: Praxis Limited Co Illustrative Tariff Page 4 U) 142 . 0 I G) ItA IN E WE Io U This page left intentionally blank Exhibit A: Praxis Limited Co Illustrative Tariff Page 5 U, 0 0 NA I a. E Io U APPLICATION OF PRICE LIST Praxis Limited Co. (hereinafter "The Company") has been authorized by the Idaho Public Utilities Commission (IPUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the Service Territory. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the IPUC. EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST The following symbols shall be used as set out below to describe specific changes made to the original price list. C Indicates a changed listing, rule, or condition, which may affect rates or charges D Indicates deleted material, including a listing, rate, rule or condition I Indicates an increase M Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition N Indicates new material 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. Exhibit A: Praxis Limited Co Illustrative Tariff I ci Page 6 o U- t, 0 cu (Wu Io L) CONTACT INFORMATION Praxis Limited Co. dba A+ Satellite 3163 E Fairview Ave STE 150 Meridian, ID 83642 Phone: (208) 321-2534 Toll Free: 888-315-9429 Fax: (208) 806-0246 Email: salessatdelight.com ; servicesatde1ight.com Customer Contact For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 888-315-9429 (Toll free) Maintenance: 888-315-9429 (Toll free) Commission Contact For complaints, inquiries and matters concerning rates and price lists. Matters concerning customer service: Contact Name: Caleb Hansen Phone: (208) 321-2534 Fax: (208) 806-0246 Email: OwnerSatdelight.com Matters concerning tariffs and reulatorv affairs: Caleb Hansen - Co-Owner Idaho Public Utilities Commission Company Address is listed above 472 W. Washington Phone: (208) 321-2534 Boise, ID 83702 Fax: (208) 806-0246 (208) 334-0300 Email: OwnerSatdelight.com (800) 377-3529 (Idaho only) Exhibit A: Praxis Limited Co Illustrative Tariff Page 7 U) 4- C - 0 I E WE Io 0 1.0 DEFINITIONS The following words and terms when used in this price list shall have the meaning set out by this section. Access Lines: Telephone facilities which permits access to and from the Customer's premises and the telephone exchange or serving central office. Advance Payment: A payment required before the start of service. Advanced payment may consist of any required construction cost, all appropriate non-recurring charges, and an estimate of the first month's recurring charges. Advance Payments will be applied to the first bill rendered by Company following implementation of services. Agent: A business representative authorized by the Company to bring about, modify, affect, accept performance of, or terminate contractual obligations between the Company and its applicants or Customers. Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of service after Company-initiated termination. Application: A request made in writing for telephone service. Authorized User: A person, firm, corporation, or other entity that is authorized by the Company to be connected to the service of the Customer or joint user; or such person, firm, corporation, or entity that is placed in a position to use the service by acts or omissions of the Customer. Automatic Number Identification (ANI): The automatic transmission of a calling party's billing account telephone number to a local exchange Company, interexchange carrier or a third party subscriber. The primary purpose of ANI is for billing of toll calls. Basic Rate Area: A specific geographic area, within which the schedule rates for local exchange service apply without exchange line mileage and without special rates in lieu of mileage. Branded Service: Services carrying the brand and logo of their parent company, which are available to be resold by outside authorized retailers. Central Office: Company facilities where subscriber lines are connected to each other through switching equipment for placing local and long distance telephone calls. Exhibit A: Praxis Limited Co Illustrative Tariff Page 8 = 140-a 1 . I D 0 ° l E WE Jo U 1.0 DEFiNITIONS (Cont'd) Company or Name of Company: "Praxis Limited Co" also doing business as "A+ Satellite" Customer or Subscriber: The person, firm or corporation that orders service and is responsible for the payment of charges for that service and for compliance with the Company's regulations related to that service. ILEC: Incumbent Local Exchange Carrier Individual Case Basis (ICB): A service arrangement wherein regulations, rates, and charges, are developed based on the specific circumstances of a customer's situation. Nonlisted Service: A directory listing service wherein a Customer is not listed in the published directory, but is listed in the directory assistance database. Nonpublished Service: A directory listing service whereina Customer is not listed in the published directory or in the directory assistance database. Non-Recurring Charges: The one-time charges for services or facilities which may include but are not limited to charges for: construction, installation, truck roll, activation, special fees. The customer becomes liable for these charges when the Company initiates any action associated with a non-recurring charge at the customers request. Recurring Charges: The charges to a Customer for services, facilities and equipment, which recur monthly for the agreed upon duration of the service. Residential Service: Telephone Service provided to customers when the actual or obvious use is for domestic purposes. Service Commencement Date: The first day following the date on which the Company notifies the Customer that the requested service or facility is available for use, unless the Customer refuses to accept service because it does not conform to the standards set forth in the Service Order or in this price list, in which case the Service Commencement Date is the date on which the Customer accepts service. The Company and the Customer may agree on a substitute Service Commencement Date. Service Order: The written order for Services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the obligations of the respective parties as set forth therein and pursuant to this price list; except that the duration of the service is calculated from the Service Commencement Date. Exhibit A: Praxis Limited Co Illustrative Tariff Page 9 - 0 D 0 J E Io U 1.0 DEFINITIONS (Cont'd) Service Territory: Those parts of Idaho which are served by CenturyLink as the Incumbent Local Exchange Carrier. *Reference "Idaho Telephone Exchanges and Company Areas" map downloaded from the Idaho PUC Website. Shared: A facility 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. 2.0 REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope 2.1.1.1 The Company undertakes to furnish local exchange communications service pursuant to the terms of this price list. 2.1.1.2 The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 2.1.1.3 The services of the Company are furnished for the transmission of voice communications but may also be used for data, facsimile, signaling, metering, or other similar communications, subject to the transmission capabilities of the technologies or combination of technologies available. Service is available twenty-four hours a day, seven days a week. 2.1.1.4 Company may elect to offer additional services through interconnection which are not regulated by the IPUC or this tariff. 2.2 Shortage of Equipment or Facilities The furnishing of service under this price list is subject to the availability on a continuing basis of all facilities necessary to provide the service. Services will be provided using the resale of other carriers' facilities and/ or any facilities the Company may construct, as may be determined by the Company. Exhibit A: Praxis Limited Co Illustrative Tariff Page 10 - l 0 u-c D 0 I ° I E U 2.0 REGULATIONS (Cont'd) 2.3 Selection of Transmission The Company selects and/or arranges for the channels and/or service components and underlying network facilities used to provide service. The Company may modify or change the channels, service components and underlying Company facilities or the underlying carrier at any time. 2.4 Notification of Service-Affecting Activities The Company will provide the Customer with reasonable notification of service- affecting activities that may occur during the normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service-affecting activities. The Company is not responsible for notifications regarding any ILEC activities of which the Company was not given reasonable notification. The Company will work cooperatively with the Customer to determine reasonable notification requirements. Notification to the Customer may not be possible with some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage. 2.5 Provision of Equipment and Facilities 2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this price list. 2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the Customer. The Customer shall not, and the Customer shall not permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company. 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 forth in this price list shall be based on calendar days, unless otherwise specified herein. Exhibit A: Praxis Limited Co Illustrative Tariff cu Page 11 I- 0 '4- C .c, 0 E WE Io L) 2.0 REGULATIONS (Cont'd) 2.6.2 This price list shall be interpreted and governed by the laws of the State of Idaho and the Rules issued by the Idaho Public Utilities Commission. 2.7 Non-routine Installation and Special Construction 2.7.1 Non-Routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. 2.7.2 Special Construction Subject to the agreement of the Company, special construction of facilities may be undertaken on a reasonable effort basis at the request of the Customer. Special construction may include that construction undertaken: (a)where facilities are not presently available; (b)of a type other than that which the Company would normally utilize in the furnishing of its service; (c)over a route other than that which the Company would normally utilize in the furnishing of its services; (d)in a quantity greater than that which the Company would normally utilize in the furnishing of its services; (e)on an expedited basis; (f)on a temporary basis until permanent facilities are available; (g)involving abnormal costs; or (h)in advance of normal construction. Special construction will be undertaken at the discretion of the Company consistent with budgetary responsibilities and consideration for the effect on Company's other Customers and contractual responsibilities. Exhibit A: Praxis Limited Co Illustrative Tariff Page 12 l 0 u-c 0 0 cu l E lo U 2.0 REGULATIONS (Cont'd) 2.8 Ownership of Facilities Title to all facilities and equipment, and related plans and proposals, provided by the Company in furnishing service remains with the Company, its agents or contractors. Such facilities and equipment, plans and proposals shall be returned to the Company by the Customer whenever requested, within a reasonable period following the request and in as good condition as reasonable wear will permit. 2.9 Rights-of-Way Provisioning of the Company's services is subject to and contingent upon the Company's ability to obtain and maintain rights-of-way and access to public and private property necessary for installation of the facilities used to provide the Company's services to the Customer's service point as agreed to by the Company. 2.10 Liability and Indemnification 2. 10.1 Exculpatory Clause THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITUTE A DETERMINATION BY THE COMMISSION THAT A LIMITATION OF LIABILITY IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO DETERMINE THE VALIDITY OF THE EXCULPATORY CLAUSE. Exhibit A: Praxis Limited Co Illustrative Tariff Page 13 0 . 0 I a IN E WE Io U 2.0 REGULATIONS (Cont'd) 2.10.2 Liability and Indemnification of the Company 2.10.2.1 The Company shall be held harmless, defended, and indemnified by any subscriber, user or by any other entity against any claim, loss, expense, damage or liability arising from the material transmitted over its services involving claims for libel, slander, invasion of privacy, or infringement of copyright, patent, trade secret, or proprietary or intellectual property right of any third party arising from any act or omission by the Customer, including without limitation, the Customer's own communications or use of the Company's services and facilities in a manner not contemplated by this price list or by any agreement between the Customer and the Company. The Company's entire liability, if any, for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid the Company by the Customer for the specific services giving rise to the claim. No action or proceeding against the Company shall be commenced more than one year after the service is rendered. In the event parties other than the Customer, including but not limited to joint users and the Customer's Customers, shall have use of the Company's service directly or indirectly through the Customer, then the Customer agrees to forever indemnify and hold the Company harmless from and against any and all such claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted by said parties arising out of or relating to the Company's furnishing of service. 2.10.2.2 The Company shall not be liable for any defect, omission, or act of any entity furnishing services, facilities or equipment used for or with the Company's services, to the Company or to the Customer, or for the acts or omissions of common carriers or warehousemen. 2.10.2.3 The Company shall not be liable for any personal injury, or death of any person or persons, and for any loss or damage sustained by reason of acts, mistakes, omissions, errors or defects in providing its services, whatever shall be the cause which is not the direct result of the Company's gross negligence or willful misconduct. Exhibit A: Praxis Limited Co Illustrative Tariff Page 14 U., lu-c D 0 I E WE Io U 2.0 REGULATIONS (Cont'd) 2.10.2.4 Except as otherwise provided herein, no liability for indirect, incidental or consequential damages shall attach to the Company, its agents, servants or employees, for damages or costs arising from errors, mistakes, omissions, interruptions, failures, delays, or defects or malfunctions of equipment or facilities, in the course of establishing, furnishing, maintaining, rearranging, moving, terminating, or changing the service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the customer or users of the service or facilities) in the absence of willful and wanton conduct or gross negligence, whether a claim for such liability is premised upon breach of contract, breach of warranty, fulfillment of warranty, negligence, strict liability, misrepresentation, fraud, or any other theories of liability. 2.10.2.5 The Company shall not be liable to a customer or service user or any other person, firm, entity, for any failure to perform its obligations under this tariff due to any cause or causes beyond its reasonable control, which is not the direct result of the Company's gross negligence or willful misconduct. 2.10.2.6 The remedies set forth herein shall not be exclusive and the Company at all times shall be entitled to all rights available to it under either law or equity. 2.10.2.7 The liability of the Company for damages arising out of the furnishing of these services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts of commission or omission, shall be limited to the extension of allowances as set forth in the section of this price list on Allowances for Interruptions in Service. The extension of such allowances for interruption shall be the sole remedy of the Customer, authorized user, or joint user and the sole liability of the Company. 2.10.2.8 The Company shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars: unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties. Exhibit A: Praxis Limited Co Illustrative Tariff I W Page 15 1 0 -o 0 I I E Io U 2.0 REGULATIONS (Cont'd) 2.10.2.9 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer provided equipment or facilities. 2.10.2.10 The Company shall not be liable for the claims of vendors supplying equipment to Customers of the Company, which may be installed at premises of the Company, nor shall the Company be liable for the performance of said vendor or vendor's equipment. 2.10.2.11 The Company shall not be liable for any damages whatsoever to property resulting from the installation, maintenance, repair or removal of equipment and associated wiring unless the damage is caused by the Company's willful misconduct or negligence. 2.10.2.12 The Company shall not be liable for any damages resulting from delays in meeting any service dates due to delays resulting from normal construction procedures. Such delays shall include, but not be limited to, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals and delays in actual construction work. 2.10.2.13 The Company shall not be liable or responsible for any direct, indirect, incidental, special, consequential, exemplary, lost profits, or punitive damages to the Customer as a result of any Company service, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. 2.10.2.14 The Company shall not incur any liability, direct or indirect, to any person who dials or attempts to dial the digits "9-1-1" or to any other person who may be affected by the dialing of the digits "9-1 -1". 2.10.2.15 THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. 2.11 (Reserved) Exhibit A: Praxis Limited Co Illustrative Tariff Page 16 0 4- c "D 0 I E WE Io U 2.0 REGULATIONS (Cont'd) 2.12 Conflicts Between Price List and Commission Rules If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected by Commission rules, Commission rules supersede any conflicting tariff or price list provisions that deny or restrict any of those rights, unless otherwise ordered by the Commission, court order, or statute. 2.13 Service Restoration Deadline Deadlines for resolving service interruptions are subject to the provisions of this section 2.13.1 Service Interruptions An interruption in service is considered to exist when the local service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communications because of cross talk, static or other transmission problem. An interruption period begins when the Customer reports a circuit, service or facility to be interrupted and releases it for testing. 2.13.1.1 The Company must restore service within forty-eight (48) hours after the report of the outage, except a)for outages reported on Thursday, the Company must restore service no later than the following Monday by 6:00 pm, and b)for outages reported on Friday, Saturday or Sunday, the Company must restore service no later than the following Tuesday by 6:00 pm. 2.13.2 Limitations on Deadlines Company is not required to meet the service restoration deadline in the following situations: 2.13.2.1 Interruptions due to Customer's own equipment or inside wiring, the negligence of the Customer, or noncompliance with, or acts of omission regarding the provisions of this price list by the Customer, authorized user or joint user; Exhibit A: Praxis Limited Co Illustrative Tariff cu Page 17 I- C . 0 I NA E WE Io U 2.0 REGULATIONS (Cont'd) 2.13.2.2 Interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; 2.13.2.3 Interruptions of service during a period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; or 2.13.2.4 Interruption of service due to circumstances or causes beyond the control of the Company and affecting large groups of customers. 2.13.2.5 When conditions exist where the personal safety of an employee would be jeopardized. 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 facilities 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 determine that the Customer is complying with the requirements set forth herein for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 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 necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. 2.15 Prohibited Uses The Customer shall not use or allow the use of the Company's facilities or equipment installed at the Customer's premises for any purpose other than that for which the Company provides it, without the prior written consent of the Company. Exhibit A: Praxis Limited Co Illustrative Tariff W Page 18 o 4- c D 0 I a E Io U 2.0 REGULATIONS (Cont'd) 2.15.1 Abuse The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the following activities: (a)Using service to make calls that might reasonably be expected to frighten, torment, or harass another. (b)Using service in such a way that it interferes unreasonably with the use of Company services by others. 2.15.2 Fraudulent Use The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can result in the discontinuance of services as set out by this price list. Fraudulent use consists of using or attempting to use service with the intent to avoid the payment, either in whole or in part, of the price listed charges for the service including but not limited to: (a)rearranging, tampering with, or making connections not authorized by this price list to any network components used to furnish service; or (b)using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices, or electronic devices. 2.16 Payments 2.16.1 Customer Obligations 2.16.1.1 The Customer shall pay outstanding charges in full within 15 calendar days of the invoice date. Charges normally will be invoiced in advance, with monthly recurring charges invoiced on or about the first of the month for which the charges apply. Amounts not paid within 15 calendar days after the date of the invoice are considered delinquent. Exhibit A: Praxis Limited Co Illustrative Tariff Page 19 o '4- c . 0 I I E WE Io U 2.0 REGULATIONS (Cont'd) 2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not authorized by the Customer, except in those instances where it has been determined that the Customer's present and former employees, agents and authorized users were not responsible for calls billed to the Customer via third party billing and the Company did not verify that the charges for the call would be accepted. The Customer is not responsible for unauthorized use of service to the extent such use is proximately caused by the Company's willful or negligent act. 2.16.2 Disputed Bills 2.16.2.1 Any Customer who disputes a portion of a bill rendered for Company services shall pay the undisputed portion of the bill and notify the Company that such unpaid amount is in dispute within thirty (30) days of receipt of the bill. If such notice is not received by the Company within thirty (30) days as indicated above, the Company shall consider the bill statement to be due and payable in full by the Customer. Payment of the amount due by the Customer does not constitute a waiver of the Customer's rights under the provisions of IDAPA 31.41.01.204 to challenge any billing amount due or paid to the Company. 2.16.2.2 In the event a Customer and the Company cannot resolve a billing dispute to their mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are: Idaho Public Utilities Commission 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) Exhibit A: Praxis Limited Co Illustrative Tariff Page 20 0 9. c 0 I2 E WE Io U 2.0 REGULATIONS (Cont'd) 2.16.3 Payment Arrangements 2.16.3.1 When a Customer cannot pay a bill in full, the Company may continue to serve the Customer if the Customer and the Company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. 2.16.3.2 In deciding on the reasonableness of a particular agreement, the Company will take into account the Customer's ability to pay, the size of the unpaid balance, the Customer's payment history and length of service, and the amount of time and reasons why the debt is outstanding. 2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A Customer may designate how a payment insufficient to pay the total balance due shall be applied. If applicable, and in the absence of instructions from the Customer, a partial payment shall be allocated first to local exchange services. Such payments shall be applied first to the oldest undisputed balances. 2.16.3.5 If a Customer fails to make the payment agreed upon by the date that it is due, the Company may, but is not obligated to, enter into a second payment arrangement. 2.16.3.7 A Customer's failure to pay for undisputed MTS charges billed by the Company may result in loss of 0+, 0- and I + dialing access to MTS services until such time as the customer pays the undisputed charges and applicable reconnection charges, if any. 2.16.3.8 Customer failure to pay undisputed charges for other services may result in discontinuance of those services. 2.17 Taxes, Charges, Fees In addition to the rates and charges described in this price list, the Customer may be responsible for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or local and county governments. When the Company is authorized to collect such taxes, charges or fees from the Customer, these taxes, charges and fees will be itemized separately on the Customer's bill. Exhibit A: Praxis Limited Co Illustrative Tariff I W Page 21 o D 0 I E Io U 2.0 REGULATIONS (Cont'd) 2.18 Deposits 2.18.1 The Company will not require advance deposits. 2.19 Refusal or Termination of Services If the Company intends to deny an available service to an applicant, the Company will provide the applicant with a written explanation of its refusal to serve. The written explanation shall include: a)the reasons for denial of the service; b)actions the applicant may take in order to receive the denied service; and c)a statement that the Customer may file an informal or formal complaint concerning denial of the service with the Company or with the Idaho PUC. 2.19.1 Grounds for Refusal to Establish Service The Company may refuse to establish service if any of the following conditions exist: 2.19.1.1 the applicant has an outstanding amount due to the Company -for similar utility services and the applicant is unwilling to make acceptable arrangements with the Company for payment; 2.19.1.2 a condition exists that, in the Company's judgment, is unsafe or hazardous to the applicant, the general population, or the Company's personnel, agents or facilities; 2.19.1.3 the applicant is known to be in violation of the Company's price lists filed with the Commission; 2.19.1.4 the applicant fails to furnish such ftinds, suitable facilities, and/or rights- of-way which have been specified by the Company as necessary to and a condition for providing service to the applicant; or 2.19.1.5 the applicant has falsified his/her identity for the purpose of obtaining service. Exhibit A: Praxis Limited Co Illustrative Tariff I Page 22 4- c - 0 w WE Io U 2.0 REGULATIONS (Cont'd) 2.19.2 Grounds for Termination with Written Prior Notice Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon reasonable written notice to the Customer, discontinue services for any of the following reasons: 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 filed price 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 facilities used by the Company to provide service to a Customer, or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair; or 2.19.2.6 for fraudulent obtaining or use of service, including, but not limited to: (a)providing false information to carrier the Company regarding the Customer's identity, address, creditworthiness, or current or planned use of common communications; (b)using or attempting to use service by rearranging, tampering with, or making connection to the Company's service where not authorized by this price list; (c)using tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or (d)any other fraudulent means or device. Exhibit A: Praxis Limited Co Illustrative Tariff Page 23 'eo- -D 0 WE Io U 2.0 REGULATIONS (Cont'd) 2.19.3 Refusal or Termination Without Written Notice to the Customer The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer immediately and without prior notice to the Customer and without the Customer's permission for one or more of the following reasons: 2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life, physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes. 2.19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any court, the Idaho PUC, or any other duly authorized public authority. 2.19.3.3 Services Obtained Illegally. The services(s) was (were) obtained, diverted or used without the authorization or knowledge of the Company. 2.19.3.4 Customer Unable to be Contacted. The Company has tried diligently to provide reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the Customer. 2.19.3.5 Misrepresentation of Identity. The Customer has misrepresented the Customer's identity for purposes of obtaining telephone service and either does not have or has an inadequate security deposit on file with the Company. 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 2.19.4.1Seven-Day Notice Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305, the Company will mail to the Customer written notice of termination at least seven (7) calendar days before the proposed date of termination. The written notice will contain the information required by IDAPA 31.41.01.306. Exhibit A: Praxis Limited Co Illustrative Tariff I Page 24 o U-. D0 I I E WE CC Io U 2.0 REGULATIONS (Cont'd) 2.19.4.2 Twenty-Four-Hour Notice At least twenty-four (24) hours before actual termination, the Company will diligently attempt to contact the Customer affected to apprise the Customer of the proposed action and the steps to take to avoid or delay termination. Oral Notice will contain the same information as required by IDAPA 31.41.01.306. 2.19.4.3 Additional Notice If the Company does not terminate service within seven (7) days after a proposed termination date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other arrangements have not been made with the Customer, the Company will again make a diligent effort to contact the Customer to advise the Customer of the proposed action. If the Company has not terminated service within twenty-eight (28) days of mailing a written notice of termination, but still intends to terminate, the Company will again issue a written notice as set out by subsection 2.19.4.1 of this price list, related to Seven-Day Notice. 2.19.5 Customer Cancellation of Service If the Customer cancels a service order or terminates service before the completion of the term of service specified in the service order for any reason, the Customer agrees to pay to the Company all costs, fees, and expenses reasonably incurred in connection with special construction and with the term of service. In addition, the Customer may be liable for termination charges up to a maximum amount equal to the total charges applicable for the remaining term specified in the service order. 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 price list. The Company reserves the right to refuse to restore service until all amounts due have been paid. 2.20.2 Should the Customer request that service be restored during a period other than regular working hours, such as evenings or weekends, the Customer may be required to pay an after-hour charge for service reconnection. Exhibit A: Praxis Limited Co Illustrative Tariff cu Page 25 - U, 0 -0 0 ICOA E Io 0 2.0 REGULATIONS (Cont'd) 2.21 Assignment The Company may, without obtaining any further consent from the Customer, assign any of its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Company; pursuant to any sale or transfer of substantially all the business of the Company; or pursuant to any financing, merger or reorganization of the Company. The Customer may, upon prior written consent of the Company, which consent shall not be unreasonably withheld, assign its rights, privileges or obligations under this price list to any subsidiary, parent, or affiliate of the Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or pursuant to any financing, merger or reorganization of the Customer. 2.22 Promotions The Company may provide promotional offerings from time to time. The Company will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions. 2.23 E911 The Company will provide necessary Customer information to the incumbent local exchange carrier for appropriate routing of E911 calls. The Company's switches will be equipped with E91 1 trunks and all E911 traffic will be switched by the Company to the incumbent local exchange carrier for routing. 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 will not be considered adequate public notice. Individual notice to all Customers affected will always constitute public notice Exhibit A: Praxis Limited Co Illustrative Tariff Page 26 140- . 0 a' ) I' Io U 3.0 LOCAL EXCHANGE SERVICES 3.1 General Local Exchange Services provides the Customer with connection to the public switched telecommunications network. In addition, Local Exchange Service provides the Customer with a unique telephone number address on the public switched telecommunications network. Each Local Exchange Service enables the Customer to: (a)receive calls from other stations on the public switched telecommunications network; (b)access other services offered by the Company as set forth in this price list; (c)access certain interstate and international calling services provided by the Company; (d)access the Company's operators and business offices for service related assistance; (e)access emergency services by dialing 0- or 9-1-1; and (f)access services provided by other common carriers which purchase the Company's Switched Access Services as provided under the Company's Federal and State price lists or price list, or which maintain other types of traffic exchange arrangements with the Company. 3.2 Service Descriptions Local Exchange Service is offered to Residential and Business Customers. The service is classified as Business Service when any of the following conditions exist: (a)The service is to be furnished at a location of business, trade, or professional practice and where the location is not confined primarily to domestic activities. (b)The directory listing is to be a business listing (c)The service is sold to a reseller of local exchange service. The service is classified as Residential if none of the above conditions exist 3.2.1 Residential Service Telephone service is provided to Residential Customers on a single line, two-way, inbound and outbound basis. See Section 4 for rates. Exhibit A: Praxis Limited Co Illustrative Tariff Page 27 I Nu U, o -o o E Io 0 3.0 LOCAL EXCHANGE SERVICES (Cont'd) 3.2.2 Business Service Telephone service is provided to Business Customers on a single line, two-way, inbound and outbound basis. See Section 4 for rates. 3.2.3 Idaho USF Surcharges A surcharge is calculated on minutes of use, and assessed on all access lines to contribute towards funding for an Idaho Universal Service Fund. The Surcharge Rate is established by the Commission and will be assessed to each business and residential line. 4.0 RATES AND CHARGES 4.1 Local Exchange Service Local exchange service shall be available at the following rates. 4.1 .1 Residential Service Description Non-Recurring Monthly Single Line TBD TBD Additional Line TBD TBD 4.1.2 Business Service Description Non-Recurring Monthly Single Line TBD TBD Additional Line TBD TBD Exhibit A: Praxis Limited Co Illustrative Tariff I Page 28 o 'e- c D 0 Ui I G) I E cu E I° U Caleb Hansen 3163 EFairview Ave STE 150 Meridian, ID 83642 208-321-2534 (office) CalebSatdelight.com Representing Praxis Limited Co RECi:tV 7U170CT25 PM 1: 41 rc1J r IT4 - 44 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Praxis Limited ) Co for Certificate of Public ) Convenience and Necessity to ) Provide Competitive Local ) Exchange Service in Idaho ) CASE NO. PLC-T-12-01 Exhibit C: Praxis Limited Co. Supplemental Documents Articles of Organization 2012 Secretary of State Annual Report Exhibit C: Praxis Limited Co. Supplemental Documents Page 1 of 3 MIM Downloaded from the Idaho Secretary of State Website Page 2 of 3 Exhibit C: Praxis Limited Co. Supplemental Documents p suir - A Du* flo$itsrd,aikn 31: 2012 AnUbI Report Form 1. *Wftw. Cir j PRAusLoc CALEB F NSEN 163EFAIREWAVESTE 150 PERIDIAN ID 63642 USA CALEB HANS 3163 EFAIRV 43UDIAN ID I M9 Regered Agent gnat Unted LOR -Cum" Enter Nans and o(at Iesst am Menber CauntrV I EN 1926 MILAnO BflSE ID USA 83646 R U4ERs 10656. WA$LWE NSE ID USA 83709 5. Organized Under the tam of: 6. Anua4 Report mist be sgned. 10 nature: Caleb l4ansea. Date: 01/Q6/2012 W3098 Nn tvoe or or*'e bHansm The Mana.aer Downloaded from the Idaho Secretary of State Website Exhibit C: Praxis Limited Co. Supplemental Documents Page 3 of 3