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HomeMy WebLinkAbout20150212Application.pdfiCommLaw 1547 Palos Verdes, #298 Walnut Creek, CA 94597 (415) 699-7885 phone anita@icommlaw.com February 12,2015 Via FedEx Docket Clerk Idaho Public Utilities Commission 472 W est Washington Street Boise,lD 83702 Rc Lr'\s'Dl Re: Application of RCLEC. Inc. for a Certificate of Public Convenience and Necessity Dear Sir/Madam: Enclosed for filing are an original and seven (7) copies of the Application of RCLEC, Inc. for a Certificate of Public Convenience and Necessity. The Company's confidential financials are being submitted under seal. Please contact me at the above contact information if you have any questions regarding this filing. Sincerely, /s/ Anita TaffiRice Counsel for RCLEC, Inc. Enclosures BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO ln the Matter of the Application of RCLEC, Inc. ) for a Certificate of Public Convenience and Necessity ) to Provide Facilities-Based and Resale Local ) Exchange and Interexchange Services in Eligible Areas ) Statewide ) ) APPLICATION OF RCLEC, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Anita Taff-Rice ICOMMLAW 1547 Palos Verdes, #298 Walnut Creek, CA94597 (4ls) 699-7885 anita@icommlaw.com Counsel for RCLEC, Inc. February 12,2015 RCLEC, Inc. CPCN Application Page I of9 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO In the Matter of the Application of RCLEC, Inc. for a Certificate of Public Convenience and Necessity to Provide Facilities-Based and Resale Local Exchange and Interexchange Services in Eligible Areas ) Statewide ) ) APPLICATION OF RCLEC, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Pursuant to Idaho Code $ 62-615,Idaho Public Utilities Commission ("Commission") rules and regulations, and the Telecommunications Act of 1996, RCLEC, Inc. ("RCLEC" or "Applicant"), hereby seeks, a Certificate of Public Convenience and Necessity ("CPCN") for authority to operate as a provider of facilities-based and resale local exchange telecommunications services in eligible interconnection areas in Idaho, specifically, Qwest and Verizon incumbent local exchange areas, as well as authority to offer interexchange interLATA and intraLATA services statewide. In support of its Application, RCLEC provides the following information: Proposed Services RCLEC, Inc. proposes to operate in Idaho as a wholesale carrier offering services to other providers. To support these services, RLCEC is currently constructing a nation-wide network, which includes a core structure of transport circuits connected to high-capacity soft switches and media gateways in carrier hotels in New York, Miami, Los Angeles, San Francisco, Chicago and Dallas. Customer traffic will be picked up at one of two "super POPs" located in Virginia and California where RCLEC's equipment will be collocated with RCLEC's customers' equipment for handoff of traffic, which is then transported across RCLEC's backbone network to the appropriate switch for routing to a terminating carrier. The super POPs utilize fault tolerant, redundant equipment platforms connected to fully redundant circuits and carrier diverse meshed backbone, ensuring ensure a high level of reliability for customer traffic. RCLEC will receive and send traffic for Idaho customers from providers and will route that traffic to its switch and media gateway located in Califomia. RCLEC will utilize high capacity trunks between the ILEC and RCLEC as well as obtaining backhaul facilities from other carriers to connect to ILEC access tandems or other points of interconnection in order to route traffic to and from Idaho end users of RCLEC's carrier customers. RCLEC will monitor its network serving customers in Idaho from a network operation center. RCLEC initially will purchase or lease network facilities from the ILECs or other carriers in Idaho, so it does not anticipate engaging in any construction for its initial network deployment. If RCLEC anticipates the need to engage in construction of facilities at a later date, it will obtain all necessary permits and regulatory approval prior to such construction. IL Form of Business Name, Address, and Form of Business RCLEC, Inc. wasformed as a Delaware corporation on January 26, 2012. The Articles of Incorporation and the Certificate of Status issued by the ldaho Secretary of State stating that it is qualified to transact business in the State of ldaho are attached as Exhibit A hereto. hs principal place of business is 920 Davis Drive, Belmont, CA 94002. Its principal telephone number is (650) 472-4100 and toll free number is (877) 888-3156. Its.fax number is (650) a72- 4100. RCLEC's registered ogent in the state of ldaho is Incorp Services, Inc., 1524 Vista Ave., Ste. 12, Boise, ID 83705. If a corporation, the names and addresses of the ten common stockholders of applicant owning the greatest number of shares of common stock and the number of such shares owned by each, as follows: RCLEC, Inc. is owned by the parent company: RingCentral, Inc. RingCentral, Inc. owns 100% of the shares of the Company RingCentral, Inc. can be contacted at Applicant's address. RingCentral, Inc. J RCLEC, [nc. J.Names and addresses of the officers and directors of applicant. All fficers and directors moy be contacted at Applicant's address. Name Position John Marlow C hie f Exe cut iv e O ffi c er Mitesh Dhruv Chief Financial Officer Bruce Johnson Secretary Jeffrev Slater Director of Voice Gateways Curtis Lee Peterson Consultant 4. Name and address of any corporation, association, or similar organization holding a 5% or greater ownership or a management interest in the applicant. As to ownership, the amount and character of the interest must be indicated. A copy of any management agreement must be attached. RingCentral, Inc., RCLEC's parent company, owns 100% of the shares of the Company. 5. Names and addresses of subsidiaries owned or controlled by applicant. RCLEC, Inc. has no subsidiaries that it owns or controls. Resumes Exhibit C for Management Bios. III. Telecommunication Service The date on which applicant proposes to begin construction or anticipates it will begin to 6. See L provide service. The Applicant does not anticipate engaging in any deployment. It anticipates providing service within application. construction for its initial network six months of the approval of this 2. A written description of customer classes and customer service that the applicant proposes to offer to the public. Applicant will be providing local exchange and interexchange services on a wholesale basis to other providers. The Applicant will not be providing services to end users. IV. Service Territory l. A description sufficient for determining whether service is to be offered in a particular location; and the ruImes of all incumbent local exchange corporations with whom the proposed utility is likely to compete. Applicant will be providing services in all areos served by incumbent local exchange caruiers that are required by the Telecommunications Act of 1996 to interconnect their networks with competitive local exchange caniers. In ldaho, that will include oreas serviced by incumbents Qwest and Verizon. 2. Written description of the intended manner of service, for example, resold services or facilities based. A general description of the property owned or controlled by applicant. All services provided by Applicant will be focilities-based or resale services purchased from other providers. These facilities will use existing structures and as such will not result in any environmental domage. 3. A statement describing with whom the applicant is likely to compete. Applicant will compete with all providers of traditional telecommunications services including incumbent local exchange carriers, competitive local exchange corriers, and long distance carriers. Applicant will also compete with nascent voice/VolP offerings of cable companies. 4. A description of the property owned by the applicant clarifies the applicant's proposed services and operation. Pleose see L Proposed Services in this Application. V. Financial Information l. Current detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting current and prior year balances for the twelve months ended as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. RCLEC is financially qualiJied to operate as a provider offacilities-based intrastate local and interexchange telecommunications services in ldaho. Applicant has sfficient financial resources to operate in ldaho. In support of the Company's /inancial ability to provide the proposed services, the Applicant offers its /inancial statements in Exhibit B. RCLEC requests confidential treatment of itsfinancial information. Both RingCentral, Inc. and RCLEC are privately-held companies and therefore their financial information is not publicly available. The Companies take all reasonable steps to protect the privacy of their /inancial information. In situations where RCLEC must provide its financial information to other public utilities commissions or governmental entities, it does so under seal and requests con/idential treotment. Therefore, RLEC submits its ConJidential Finoncial Statements under seal in Exhibit 5. VI. "Illustrative" Tariff Filings Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service. See Exhibit D. VII. Customer Contacts 1. Contact information for the Applicant. a) The narne, address, and telephone number and electronic mailing addresses (if available) of the person(s) responsible for consumer inquiries and complaints from the public. Jeff Slater, Sr. Director - Voice Gateways RCLEC, Inc. 20 Davis Drive Belmont, CA 94002 650-93 I -6664 6s0-620-1 1s3 (/) i e ff s I a t e r (d.r c I e c. c o m b) A toll-free number for customer inquiries and complaints. (877) 888-31s6 c) The nanne, number and electronic mailing addresses (if available) of the person(s) designated as a contact for the Commission Staff for resolving complaints, inquiries and matters concerning rates and price lists or tariffs. Jeff Slater, Sr. Director - Voice Gateways RCLEC, Inc. 20 Davis Drive Belmont, CA 94002 650-93 1-6664 6s0-620-1 1s3 (/) i e-{f, s I ot e r @ r c I e c. c o m VIII. Interconnection Agreements Statements of whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Applicant hos not yet engaged in interconnection agreement negotiations with Qwest and Verizon, but will do so upon opproval of its certification. IX. Compliance with Commission Rules A written statement that the applicant has reviewed all of the Commission rules and agrees to comply with them, or a request for waiver of those rules believed to be inapplicable. Applicant has reviewed all Commission rules and agrees to comply with such rules as exist now and in the.future. X. Escrow Account or Security Bond If a company requires advance deposits signed copy of an escrow account with a bonded bond shall be sufficient to meet customer deposit by its customers, the company must submit a escrow agent or a security bond. The escrow or refunds in case of company default. Applicant does not require advance deposits from its customers. WHEREFORE, RCLEC, [NC. requests that the Commission: (a) Grant Applicant a CPCN to provide facilities-based and resale local exchange services in eligible incumbent local exchange carrier areas as well as authority to provide interexchange intraLATA and interLATA telecommunications services within ldaho; (b) Make the grant effective on the date of issuance; (c) Authorize the filing of tariffs on or before the effbctive date of such a grant, such tariffs to be effective immediately thereafter; and (d) Grant such further relief as may be just and reasonable. Respectfully submitted, lsl AnitaTaff-Rice Counsel for RCLEC, Inc. APPLICATION OF RCLEC. INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE FACILITIES BASED AND RESALE LOCAL EXCHANGE, INTERLATA AND INTRALATA TELECOMMUNICATIONS SERVICES EXHIBIT A B C D DESCRIPTION Articles of Organization and Certificate of Status Issued by the Idaho Secretary of State Financial Statements Management Bios Draft Tariff EXHIBIT A Articles of Organization and Certificate of Status Issued by the Idaho Secretary of State .9t te of Ilelem.e T*ffirorlgr%i SERTIFICATE Or INCORpORATIONSm, 12a0884f,7 - : OF RCLEC, Inc. FIRST: The narne ofthe corporation is RCLEC,Inc. SECOND: The ad&ess of the initial registered office of the oorporation in the State of Delaware is One Commerce Center, l20l Orange St. #600, Wilmington" DE 19899, and thc name of the initial rogistorod ogcnt therein and in ohcgo thereof, upon whom process against rhe corporation may be served is Incorp Services, Inc. TIIIRD: The nduro of the business or purposcs to be conductd or promoted is to sngage in any lanfirl act or activity for whioh corporations moy be organized rmder ttre General Cmpordion Law of Delaware. FOURTH: The total number of sharcs the corporation shall have autbority to issue is one thousand (1,000) shares each with a par value of One Cent ($.0001) each, FIFTH: The corporation shall have perpctual existence. SIXTH: No director shall be personally liable to the corporation or any of its stockholders for rnonetary damages for breach of fiduciary duty re a director, cxcqlt for liability (i) for any breach of the director's duty of loyalty to the coryordion or its stockholders, (ii) for acB u ornissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) prusuant to Section 174 of lhe Dehware General Corporarion Law or (iv) for any mnsadion frorn which thc direstor derived an improper personal benefie Any repeal or modification of this Article Sixth by the stockholders of the co4roration shall not advercely affect any right or protection of a director of the corporatiotr existing at the time of such repeal or modification with respect to acts or omissions occuring priot to such re,peal or modification. SEYENTE; The Corporation sball have the right to indernnlff any and all direc'tm and office,ts to the fullestoxtcnt psrmitted by the Delaware General Corrporation Law. EIGHTH: The narne and rnailing address of the incorporalor is lance JJVI. Steinhart, is Lance J.M. Steinharg P.C., 1725 V/infivard Concourse, Suite 150, Alpharett4 Georgig 30005. I, being the eolo incorporator hereinbefqe narued, bereby sign this certificate for the Law of the State ofpurpose of formiqg a corporatiott pur$ant to the Oeneral Delaware this l9e day of Janury,2012. Defowore PA6a 7 'lTre first Suu I, ;TEEEREr t. BOLT,OCX, SBCRETARY OP STATB OE TEE STATE O? DB[,,A[AXE, N E&BBt CBRTryy "RCr.EC, IIIC - " IS DWY INCORpORtr,T.?,D ITIYDER TEE I.ArS OP TEB STATB OT DEI.ANARE EIYD IS TN WD S.rATDITG .aIUD .E LB A LBGAIT CORPORAIB frtISgExlCB SO t:IR AS Tm RECORDS O? TEIS O"?ZCE SEOr, AS OP Tm tflglW-EIeETg DAy OE;nNE, A-D. 2072. AtrD T DO EBAEB! gAATgta, CERTTET TEXT TM Ttr.;AIICETSB TaJTES EAW ror AEttr aSSE.9SED rO DA|EE. exD r N EBREB! pOArgE8 CBRTTPr rEAT TEE SArD oRCr.BC, rNC." re.S If,CORPORAWD ON TEB rf,Ex,I/rf-SIXTE DAY O? .TANOARY, A-D. 2072- 57A7715 8300 720787t80 W. 8rflEt, SGcrltJt otstlE: 96768O7 MW: 06-28-72 You Dy votLttt {'ta crrlltlc.t oalta.tt cor:it. dr.ltrtsn. gov,lrruthrr,t. rttrl RCLEC. I)iC. CERTIFICATE OF CORRECTION TO THE CERTI FICATE OF I)iCORPORATION RC'LEC. [nc. (the "Corporation"). a corporation organized and existing under and by rirtue rrf'the Gencral Corporation La,,r,'tlf thc State of Delarvare (the "DGCL"). does hereby certil),': l. The name of the Corporation is RC'LECI. Inc. The Corporation ,uvas originall., incorporated pursuant to the DGCL on Januarv 16. 1012. l. This Ccrtifrcate of Correction to the Certificate of Incorporation rvm duly adopted b1 the Corporation's board of directors and stockholders in accordance with the applicable provisions of Sections 103. 228 and l4l of the DGCL and corrects certain provisions of the Corporation's Certi ficate of Incorporation. i. Thc Certificate of Incorporation ,was filed by the Secretary of State of Delarvare on Januar,"- 16.2012 and such certitlcate requires correction as permitted by Section 103 of the DGCL. "1. The inaccuracies in the Certitjcate of Incorporation are in the text of Article FOURTH of the Certificate of lncorporation. where (i) the class of stock has not be designated and (ii) the amount of the par value is inaccuratel_v- stated. in each case as set forth below: "FOURTH: The totrl number of shares the corporation shall have authority ttr issue is one thousand (1.000) shares each rvith a par value of One Cent (S0.0001 t each." 5. The text of .\rticlc FOURTH of the Certifrcate of Incorporatiorr is hereby con'ectecl to read irt its entiret-u., as tbllorvs: "FOL,RTH: The total nurnber rrt shares ol common stock that the corporltion shall ha.,'e authorit-v- to issue is one thousand ( 1.000) shares each rvith r par lalue of 50.0()01 ." lSignarure Page Followsl I\ WIT\ ESS \\'HEREOF. this Certificate of Comection to the Certificate of Incorporation. rvhich cnrrects certain provisions of the Certitic-rte i-rf lncorporation. having been duly adoptecl in accrrrdunce u,ith Sections 103. 218 and l.ll ol'the DCCL. has been cluly'erecuted b-"" thc Corptrraticrn's President and Chief Executivc Ottrcer this l6L da;- ol.{pri1. l() i l. RCLEC. IsC. ;ident and Chief Executive Of'ficer lSrcr.rr"r nE P.\GE To CER'rr[rc.{.r'E oF CoRRf,c'no\ To'r}rr CTRTTFTcATE oF I\coRpoR\TIo\l 03:18:'11 p.m. 09-08-2014 {Defoware ProE ! I. ;t,liEREitr l, BoLIOtatr, '8icfrClPl,l;f OE 'EaEt3 An gfr fi^*? Oj aEzrnaar w alnaBt c8n;ttDr rStEt,/Cr rf,e. l, tg DW;t .f,r(xriPaRrllD omla w t 18 0E !LqEE 8rr!!l or ar!.rnSa fi@ ,g fr @ rgralffi 'Ezt afrrcB Enn, ,a oi rE ,ow,g, Nr a, gI"aE8R, u.D. aota- lE r n Eatglr '{lw cIISiIrr Ef lw ,NNni sBaall' gw nry Efi& m A,IIE. ,D r n &ll8,r !(ruER elxcrar lt?Et gB tn NEtla lNre z t w tr.trD fi DxB- anD z Do wESt luBllEIR *RtEEtr mr t4 tlID .8Qrrt6, m, IlIG0lPgnrgrD 0N Gf, lf,Z/tfF.ttMl Drt ei lffi4filt l.D. EtalTaS c300 LatLa90a2 a0-o1-La State of ldaho CERTIFICATE OF AUTHORITY OF HCLEC, INC, File Number C 203373 l, BEN YSURSA, Secretary of State of the Stale of ldaho, hereby certify that an Application for Cedificate of Authority, duly executed pursuant to the provisions of the ldaho Business Corporation Act, has been received in this office and is lound to conform to law. ACCORDINGLY and by virtue of lhe authority vested in me hy law, I issue this Certificate of Authority to transact business in this State and attach hereto a duplicate of the application for such ceftificate. Dated: September 8, 2014 {t* /ufr,^,eA- SECRETARY OF STATE \er\sD*w 3ts03:17:4lp,m. 09-09-2014 APPLICATION FOR CERTIFIGATE OF AUTHORITY (For Profit) fllrlrucdon or SrdeotApplcrtho)20rt sEP -8 Theun&rrrfinedcolporanionappoarlbracerfllcebdArt]rorltyrnddrbrrfrt $:[tiii,;ff 1. ThBnt nedtheoorporelbnb: RCLEQ lnc. SIAII Ci PH tr;20 | , \ -. -u-i '.;l l:- 1l l. :l il;, i::'v L 3. a. 5. TlnnamEwlrlch ltchaluee h lddroE Itb lncorporu m.16fi. h,! 6r Debvran ltr&bof haoryordrrn b' o1l726li/o12 The addru dbprlnchal offiEE lE 1400 FeJthn ldartdBt d.. Stg.700. Srlr llrbo, C gl404 A Threddrnioutrkfi crrarponCeaertrcsts breddcrrc( ffficntficn hrr6, h 7. TicrUrct!.ldr.ldlbltgbhnd ofrtc. h ldrhoh, md n! ngirtarcd agerth lddto el thd eddur k A Tho nama and nrpceUva bulhsrs addratsa dll ilrctorr ud olllerr rs tdl4 S. VhbAto, 9rtu 12, Eotsc, lD fiI?0S2S5 lnGorpSguhua, hc. Arharefih.B ll00 rriht Ltlnt, h. Er zu, tm xrrn, GA Haor l,bm John Marlow TTs Dllacilor Jolrn Malbw Pr€lident fi00 hnE ffi nil r,rf,, 8rlro'c/r a{aoa BruceJohncor Dlrector ilorlllrt EIn ( ar-rq, &rLaq, c tm. Bnre Jotneon Sqcr€tily flDr.dtr llrtlld.r'ru. rrIE C taaoa t4Oltl&t Erndtv4 &.r|tr ErL.Ii, G/t H{oa'lrlaheeh l*l Dlra6r Mah*h PElal Treagulpr rao Hrtsr Udtlr4 tr'?oq E arrq Clerfia Dcbd Sepbmbcr4,?fr14 Typedmrne Bnr Johmon Capcdts SecteEry frll |t}raC b . &fr t J, ffi d b rryilrr,, ISIO IEtrRETANY O? SOATE O9/o8/2O11 o5: Bo cz:z?o?112 m : L7 2a99 BH: 14,[0{55 *tB 100-00 - 100-00 A0TH mO #2 a A .>33'13 RCLEC, lnc. Balance Sheet PUBLIC COPY ASSETS Current Assets: Cash Other Current Assets Total Current Assets Property and Equipment, net Other assets Receivable from Parent TOTAL ASSETS IIABITITIES & SHAREHOLDERS' EQUITY Current Liabilities: Accounts Payable Accrued Liabilities Total Current Liabilities Payable to Parent TOTAT LIABITITIES SHAREHOLDERS' EQUITY Common Stock Additional Paid in Capital Accumulated Deficit TOTAT SHAREHOTDERS' EQUIW TOTAL LIABTLTTIES & SHAREHOLDERS' EQUIW 31-Dec-L4 RCLEC, lnc. Statement of Operations PUBTIC COPY Revenues Cost of Revenues Gross Profit Operating Expenses: Research & Development Expense General & Administrative Expense Total Operating Expenses lncome from Operations Other income (expense), net lncome before provision (benefit)for income taxes lncome Taxes Net lncome 12 months ended Dec 31, 2014 December 2014 Reporting Actlvity 12/01 - 12/313003 Tasman Drive Santa Clara, cA 95054 ADDRESS SERVICE REQUESTED >005383'{8?8It1, 0001, 01a1CE 1,02 RCLEC INC 14OO FASHION ISLAND BLVD 7TH FLOOR SAN MATEO CA 94404 Page I of 10 Managing Your Accounts Phone: (408) 654{636 Toll.Free: (800) 774-7390 Email: clientservice@svb.com Online: www.svb.com o @ @ @ Summary of Accounts Account Type Account Number Ending Balance Analysis Checking Total Balance xxxxxxl - I Analysis Ghecking - W Account Summary Date Description 1AUnU4 BeginningBalance 12J3112014 EndingBalance Total debits this period Total credits this period Service Charge Account Activity Transaction Date Description - - I - s0.00 Debits Balance 12t}',U2014 Beginning Balance I 12103t2014 RCLEC Funding 20141203 FROM ACCOUNT 3300421287 -- 12t0312014 RCLEC INC 12032014 PREFUNDING ACH OFFSET I - o o 12t03t2014 RCLEC tNC 12032014 PREFUNDING ACH OFFSET -- 12t08t2014 CHECK #1302 I E 12t0912014 BROADVOX CLEC, L PY 12108114 RING CENTRAL INC. I I jr o j o 12tO9t2014 CHECK #1296 I I 12109t2014 CHECK #1304 I - 12tO9t2014 CHECK #1303 I - 12109t2014 ^A. MemborHt Fuc -ArL SVBAUDIT @l,lFlRMATlON REOUESTS SHOULD BE SUBMITTED TO CAPITAL CONFIRMATION YWVW CONFIRNIATION.COM CHECK #1293 I John Marlow, Chief Executive Officer of RCLEC, Inc. Mr. Marlow serves as Chief Executive Officer of RCLEC, Inc. Mr. Marlow also oversees business and legal affairs at RingCentral, RCLEC's parent company. For the last six years, Mr. Marlow has worked as RingCentral's General Counsel and Senior Vice President of Corporate Development. Beforeioining RingCentral, Mr. Marlow was the founding and managing partner of Entrepreneurs Law Group (ELG), a boutique law firm based in San Francisco specializing in corporate, securities, tax, intellectual property, venture capital. mergers and acquisitions and licensing matters. During his five years at ELG. Mr. Marlow represented companies in a broad range of industries, including software. hardware. information technology. and telecommunications. Befbre founding ELG, Marlow was a partner in the San Francisco office of Reed Smith, a full- service international law firm. Prior to that. Mr. Marlow was a partner at Crosby. Heafey, Roach & May. LLP. a law firm that was acquired by Reed Smith. Mr. Marlow received his law degree from University of California Berkeley School of Law (Boalt Hall) in 1994. and a Bachelor's degree, summa cum laude, from Colgate University. Mitesh Dhruv, Chief Financial Officer of RCLEC, Inc. Mr. Dhruv serves as Chief Financial Officer of RCLEC. Inc. With l4 years' experience in the finance industry, Mr. Dhruv has a deep accounting and financial planning background, and extensive public accounting experience. He is experienced in building long-range financial plans, establishing operational performance metrics, and developing business plans for growth opportunities. Mr. Dhruv is experienced with SaaS business models, strategic finance, team building, operational execution, and enabling successful IPOs. Mr. Dhruv has served as the Vice President, Finance and Strategy, at RingCentral since April 2012.ln his role, he works closely with the executive team on business strategy, corporate frnance, partnerships, and growth opportunities. Mr. Dhruv utilizes his 6 years of experience in equity research and IPO experience he developed in his prior role as Vice President, Enterprise Software at Menill Lynch. At Merrill Lynch, Mr. Dhruv performed equity analysis covering over 20 software companies. Mr. Dhruv has authored reports on major software industry trends such as Cloud Computing, which is the most widely read technology report within Bank of America- Merrill. Prior to that, Mr. Dhruv served as Audit Manager at Gumbiner Savett Inc. for 5 years, and in a Senior Assurance and Advisory role at PricewaterhouseCoopers. Mr. Dhruv is a Certified Public Accountant, CFA, and Chartered Accountant. Bruce Johnson, Secretary of RCLEC, Inc. Mr. Johnson serves as Secretary of RCLEC, Inc. Mr. Johnson also serves as Vice President, Legal, of RCLEC's parent company, RingCentral, lnc. Mr. Johnson has over 25 years' experience as an attorney, and has served as in-house legal counsel to telecommunications-related companies for l4 years. Mr. Johnson served as Associate General Counsel of Atheros Communications, Inc., a provider of wireless and wired connectivity semiconductors and systems, where he handled and efflectively managed every aspect of Atheros becoming and remaining a publically traded company in good legal standing. He served as Senior Director and Legal Counsel for Qualcomm Atheros, Inc. following the acquisition of Atheros b,v Qualcomm Incorporated. Prior to that, Mr. Johnson served as General Counsel to Vyyo, Inc., and prior to that, Mr. Johnson was an Associate and Partner at Bay Venture Counsel, LLP, a law firm, and an Associate at Brobeck, Phleger & Harrison, a law firm. Mr. Johnson holds a Juris Doctorate degree from University of California at Los Angeles. School of Law. Mr. Johnson received his Bachelor of Arts degree in Economics and English from Duke [Iniversity. Jeff Slater, Director of Voice Gateways of RCLEC, Inc. Mr. Slater serves as the Senior Director of Voice Gateways at RCLEC, Inc. Mr. Slater has 30 years managerial experience in the telecommunications industry. Mr. Slater's experience includes executive management. business plan development, product and service development, engineering, network implementation, operations management, back office integration, vendor and facility contract negotiations, regulatory and compliance processes. and development of new sales channels both domestically and internationally. Mr. Slater has served as the Chief Operating Officer of Covista Conmrunications, providing traditional long distance, UNE-based local service and next generation SIP trunking and hosted PBX products to residential and business customers throughout the US. Prior to that, he was President of Broadvox, a CLEC providing next-generation local service using and providing IP originated and terminated calls. As Vice President of Business Development at CIMCO. Mr. Slater was responsible for planning the next generation of products, services and network topologies for the company. Mr. Slater was responsible for managing the IP-based SMB business initiative, building network strategies to overcome LINE regulatory issues, mapping CoEu, wireless and fiber network strategies, and auditing all internal process to secure retroactive and prospective cost savings. As the President of Cedar Valley Communications. Mr. Slater succeeded in developing and implementing a reorganization plan, anaining positive cash flow, and attracting equity investments resulting in the sale of the Company. Mr. Slater has also held executive positions as Founder and President of JTek Systems, Chief Operating Officer of TotalTel, a Covista Communications Company, Vice President of Operations of Charter Network. and Director of Lexicom. Mr. Slater received his degree in Business from DePaul lJniversity. Curtis Lee Peterson Mr. Peterson serves in a consulting capacity to contribute his technological and managerial knowledge to RCLEC, Inc. Mr. Peterson has established his ability to rapidly grow businesses when he helped NuVox grow tiom a $550,000 business to $550M in ten years. Mr. Peterson also has strong skills in VOIP, IP Networking, and Information I'echnology. His information technology experience includes software design and design management. hardware and network design. security, implementation and deployment, virtualization/cloud services management of rapid application development, and multi-department project management. His network operations experience includes VOIP,'fDM, wireless, aggregation, content delivery networks, data centers, high availability applications. network design and operation, and SAAS. Mr. Peterson developed his technical and managerial skills in his long career at NuVox (previously NewSouth Communications, Inc.). As Vice President of Center Operations of NuVox, he managed 120 technical professionals, improving the customer base and reliability of the VolP network. Mr. Peterson oversaw the operations of 29 Class 5 switches, 40 Central Office Sites, 500+ collocations,4 Customer (SAS-70 II certified) data centers, 24 Softswitch gateways, l6 state MPLS / IP network with over 550 routers. and the VOIP platform. Mr. Peterson worked in diverse managerial positions throughout his career at NuVox, including Director of Data Product Development/Senior Manager of Data Products, Director of Customer Marketing, and Director of IT. Prior to that. Mr. Peterson was Director of IP Operations at Talk.com (formerly Omnicall), and District Technology Coordinatory for a multi-campus school district. Mr. Peterson holds a degree in Computer Engineering from Aubum University in Auburn, Alabama. I.P.U.C. Tariff No. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmontn CA 94002 Original Page I Revises Page Cancels Page RCLEC, INC. Schedule of Regulations, Rates and Charges Applying to the Provision of Telephone Services Provided in the Territory Service by RCLEC, Inc. Within the the State of Idaho lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Effective Jean D. Jewell, Secretary I.P.U.C. Tariff No. I Original Page2 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 TABLE OF CONTENTS Title Page. ..........1 Table of Contents................ ...................2 Check Sheet ...................... 3 Tariff Format............. ........ 4 Concurring, Participating and Connecting Carriers ..................5 Explanation of Symbols .............. ......... 5 Application of Tariff ......... 6 Section I - Technical Terms and Abbreviations .......................7 Section 2 - Rules and Regulations ......... ............. 15 Section 3 - Description of Service ........... .............42 Section 4 - Rates .............. 48 Section 5 - Miscellaneous Services.... ...................53 Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Effective Jean D. Jewell, Secretary I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 3 Revises Page Cancels Page CHECK SHEET Sheets 1 through 46, inclusive of this tariff are effective as of the date shown at respective sheet(s). Original and revised sheets as named below comprise all Original tariff and are currently in effect as of the date on the bottom of this sheet. REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original the bottom of the changes from the REVISTON Original Original Original SHEET Title I 2 3 4 5 6 7 8 9 l0 l1 t2 l3 l4 l5 l6 t7 l8 20 2t 22 23 24 25 REVISION Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original SHEET 26 27 28 29 30 3l 32 34 34 35 36 37 38 39 40 4t 42 43 44 45 46 47 48 49 50 SHEET 5l 52 s3 Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 4 Revises Page Cancels Page A. B. TARIFF FORMAT 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 between pages already in effect, a decimal is added. For example, a new page added between Page 14 and 15 would be 14.1. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with thoCommission. For example, the 4th revised Page 14 cancels the 3'd revised Page t4. Paragraph Numbering Sequence - There are various levels of paragraph coding. Each level of coding is subservient to its next higher level: 2 2.t 2.t.r 2.t.t.t Check Sheets - When a taiff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the tadfl with a cross-reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. An asterisk designates all revisions made in a given filing (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current on file with the Commission. D. C. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo.l Name of Utitity: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 5 Revises Page Cancels Page CONCURRING CARRIERS None CONNECTING CARRIERS None OTHER PARTICIPATING CARRIERS None EXPLANATION OF SYMBOLS Changes to this tariff shall be identified on the revised page(s) through the use of symbols. The following are the only symbols used for the purposes indicated below: (c) (D) (r) (L) (N) (R) (r) To signify changed regulation To signify discontinued rate or regulation To signify an increase To signify matter relocated without change To signi$ new rate or regulation To signify reduction To signiff change in text but no change in rate or regulation Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Original Page 6 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 APPLICATION OF TARIFF This tariff sets forth the service offering, rates, terms and conditions applicable to the fumishing of intrastate communications services by RCLEC, Inc., (hereinafter "Company"). This tariff is on file with the Idaho Public Utilities Commission ("Commission"), and copies can be inspected, during normal business hours, at Company's principal place of business at 20 Davis Drive, Belmont, CA 94002. In the event of a conflict between any rate, rule, regulation or provision contained in these General Rules and Regulations and any rate, rule, regulation or provision contained in the specified tariffs, the rate, rule, regulations or provision contained in the specific tariffs shall prevail. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Original PageT Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS ACCESS SERVICE(S) - The Company's intrastate telephone services offered pursuant to this Tariff. 10BASE-T - An Ethernet LAN that works on twisted pair wiring that is similar to telephone cable. ACTUAL COST - Any costs charged against a special case or circumstance, including any appropriate taxes or other overhead. AUTHORIZED USER - A user who is a customer, or a person authorized by a customer that uses the Company's services. An Authorized User is responsible for compliance with this tariff. BASE STATION - All of the radio equipment located at one fixed station (tower or existing high structure) in a cellular/wireless network, used for communicating with mobile terminals. A Base Station is what links mobile phones to a wireless carrier's network. BATTERY BACKUP - The name given to a secondary power supply, usually a direct current battery, to provide power in the absence of the main power supply. BEST-EFFORT INTERNET ACCESS - A classification of low priority network traffrc used especially in relation to the lntemet. Different kinds of traffic have different priorities. Videoconferencing and other types of real-time communication, for example, require a certain minimum guaranteed bandwidth and latency and so must be given a high priority. Electronic mail, on the other hand, can tolerate an arbitrarily long delay and is classified as a "best-effort" service. CARRIER HOTEL - A carrier hotel, also called a colocation center, is a secure physical site or building where data communications media converge and are interconnected. CELLULAR BACKHAUL - [n wireless networks, the connection from an individual base station (tower) to the central network (backbone). Typical backhaul connections are wired high- speed data connections (Tl line, fiber), but they can be wireless as well (using point-to-point microwave or WiMax, etc.) Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Original Page 8 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION I - TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) CHANNEL or CIRCUIT - A communications path between two or more endpoints, at a transmission speed agreed to between Company and Customer. COLOCATION - An arrangement whereby the facilities of Customer are terminated with the equipment necessary to provide interconnection for the purpose of accessing the Services offered by Company. COLOCATION SPACE - The space designated by Company for the installation of Customer's equipment for Collocation. COMMISSION: The Idaho Public Utilities Commission ("Commission"). COMMON VOIP PATH - A designated path dedicated to voice requiring the highest level of clarity/QoS. A technology for transmitting voice, such as ordinary telephone calls, over packet- switched data networks. Also called IP telephony. COMPANY - RCLEC, Inc. ("RCLEC"), the issuer of this Tarifl and its concurring subsidiaries. CONVERGENT DATA NETWORK - The efficient coexistence of telephone, video and data communication within a single network. The use of multiple communication modes in a single network offers convenience and flexibility not possible with separate infrastructures. Network convergence is also called media convergence. CROSS-COI\NECT - A connection provided to Customer from any facilities of Customer or another Service Provider approved by Company. CUSTOMER - The person, firm, corporation or other entity which responsible for the payment of charges and compliance with the terms Tariff, including Service Providers. Company POP to the orders Service and is and conditions of this Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities CommissionApproved Effective Jean D. Jewell, Secretary I.P.U.C. TariffNo. I Original Page 9 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) DESIGN LAYOUT REPORT or DLR - A record containing the technical information that describes the facilities and terminations provided at the request of Customer by the Company to the Customer. The technical information is needed by Company to design the overall service and includes such items as cable makeup (gauge, loading, length, etc.), channel bank type and system mileage, signaling termination compatibility, etc. DIRECT INTERNET ACCESS (DIA) - Metropolitan Ethernet Access service that supports IP IPv4 protocol and is intended for eventual connection to the Intemet by the Customer. EMERGENCY POWER - A source of power that becomes available, usually automatically, when normal power line service fails. For networks, this very often refers to generator power. ETHERNET - A technology based on the I0BASE-T Ethemet CSMA/CD network access method to accommodate the operation of local area networks (LANs). EXCHANGE POINT - a remote Carrier Hotel that can support Wholesale Transit Services but not Wholesale Access Services. FACILITIES - Any cable, poles, conduit, carrier equipment, wire center distribution frames, central office equipment, etc., utilized to provide the Services offered under this Tariff. FIRE SUPPRESSION SYSTEM - an automated system specifically designed for data centers that involves no human interaction and is minimally invasive to computer equipment. GATEWAY - A network node equipped for interfacing with another network. GATEWAY ROUTER - A device on a network that is responsible for the establishment of mutually acceptable administrative procedures between two or more networks. GBPS - Gigabits per second, denotes billions of bits per second. HIGH DEFINITION MULTICAST - An enhanced or high definition transmission of a single sender and multiple receivers on a network. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. Tariff No. I Original Page 10 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) HOTSPOT - A venue that offers internet access over a wireless LAN. INDMDUAL CASE BASIS or ICB - A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer. INTERACTM VIDEO SESSION - A combination of video and computer technology in which the user's actions, choices, and decisions affect the way in which the program unfolds. INTEREXCHANGE SERVICE - Any of the Company's service offerings which provide switched communications between Local Exchange Carrier defined exchange service areas. Interexchange Services include, but are not limited to MTS, Toll Free Service and Other Service Arrangements. INTERNET PROTOCOL or IP - The protocol that specifies the format of information packets transported over the Internet, including how the packets are addressed for delivery. IPTV - A system where a digital television service is delivered using Internet Protocol over a network infrastructure, which may include delivery by a broadband connection. A general definition of IPTV is television content that, instead of being delivered through traditional broadcast and cable formats, is received by the viewer through the technologies used for computer networks. JOINT USER - Joint or shared user service is a shared service arrangement which permits the business telephone exchange service of a subscriber to be used, within the limits and capabilities of the service and facilities provided to the subscriber, by individuals, firms or corporations not associated with the subscriber in business. KBPS - Kilobits per second, denotes thousands of bits per second. LOCAL AREA NETWORK or LAN - A short distance data communications network connecting computers and peripherals under a standard protocol inside a building or a campus. The LAN provides high bandwidth communications over coaxial cable, twisted pair, fiber or microwave media. LANs typically are owned by the Customer. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Original Page 11 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) MBPS - Megabits per second, denotes millions of bits per second. MEET-ME FIBER DISTRIBUTION - A "carrier neutral" telecom hotel status to ensure autonomy in connections to consumers, Service Providers and tenants. This is the location in the Canier Hotel where Service Providers are connected to the Company network. MONTHLY RECURRING CHARGE or MRC - Monthly charges to the Customer for Services, facilities or equipment, which continue and are billed to Customer each month for the duration of the Service. MULTICAST - Communication between a single sender and multiple receivers on a network. POINT OF PRESENCE - or POP - A point of presence is an artificial demarcation point or interface point between communicating entities. QUALTITY OF SERVICE or QOS - The performance specification of a communications channel or system. QoS may be quantitatively indicated by channel or system performance parameters, such as signal-to-noise ratio (SA{), bit error ratio (BER), message throughput rate, and call blocking or packet dropping probability. QOS CONDITIONING - The ability to provide different priority to different applications, users, or data flows, or to guarantee a certain level of performance to a data flow. For example, a required bit rate, delay, jitter, packet dropping probability and/or bit error rate may be guaranteed. SERVICE - Any means of Service offered herein or any combination thereof. SERVICE ORDER - A written request for Service executed by Customer and Company in the format devised by Company. The signing of a Service Order by Customer and the acceptance by Company, or the use of Service by Customer, initiates the respective obligations of the parties as set forth therein and pursuant to this Tariff. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Original Page 12 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) SERVICE PROVIDER - Any other service provider, including but not limited to other telecommunications providers authorized by the Commission to provide telecommunications service in ldaho, such as exchange carriers, electronic message service carriers, resellers and interconnect companies, as well as video service providers, Internet service providers. SERVICE COMMENCEMENT DATE - The first date on which the Company notifies the Customer that the requested service or facility is available for use, unless extended by the Customer's refusal to accept service which does not conform to standards set forth in the Service Order or this Tarifl in which case the Service Commencement Date is the date of the Customer's acceptance. The Company and the Customer may mutually agree on a substitute Service Commencement Date. If the Company does not have an executed Service Order from a Customer, the Service Commencement Date will be the first date on which the service or facility was used by a Customer. SERVICE SWITCHING POINT (SSP) - A Service Switching Point denotes an end office or tandem which, in addition to having SS7 and SP capabilities, is also equipped to query centralized data bases. SERVING WIRE CENTER - The term "Serving Wire Center" denotes the wire center from which the Customer designated premises would normally obtain dial tone. SOFTSWITCH - A central device in a telecommunications network which connects calls from one phone line to another, entirely by means of software running on a computer system. This work was formerly carried out by hardware, with physical switchboards to route the calls. STANDARD DEFINITION MULTICAST - Communication between a single sender and multiple receivers on a network that has a resolution that meets standards but not considered either enhanced definition or high definition. February 12,2015 Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary By: John Marlow, Chief Executive Officer Effective I.P.U.C. Tariff No. I Original Page 13 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CONT'D) SYNCHRONOUS OPTICAL NETWORK or SONET - Transport network for synchronously multiplexed tributary signals. The standard defines a set of transmission rates, signals and interfaces for fiber optic transmission. The basic electrical signal runs at 51.840 Mbps, approximately 5l times the bandwidth of a standard US, Ti leased line running at l.544Mbps. SONET grows in multiples of the basic signal into the multi-Gigabit range. SONET has the feature of adding and dropping lower bit-rate signals from the higher bit-rate signal without needing electrical demultiplexing. TARIFF - The rates, charges, rules and regulations adopted and filed by RCLEC, Inc. with the Idaho Corporation Commission. TDM - Time division multiplexing. A digital data transmission method that takes signals from multiple sources, divides them into pieces which are then placed periodically into time slots, transmits them down a single path and reassembles the time slots back into multiple signals on the remote end of the transmission. TDMOIP - Time Division Multiplexing over the Internet Protocol. TELECONFERENCING - The live exchange and mass articulation of information among persons and machines remote from one another but linked by a telecommunications system, usually over a phone line. TELEPRESENCE - A set of technologies which allow a person to feel as if they were present, to give the appearance that they were present, or to have an effect, at a location other than their true location. TERMINAL EMULATION PATH - A network application in which a computer runs software that makes it appear to a remote host as a directly attached terminal. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Original Page 14 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 1 . TECHNICAL TERMS AND ABBREVIATIONS (CON'TD) TOLL FREE - A term to describe an inbound communications service which permits a call to be completed at a location without charge to the calling party. Access to the service is gained by dialing a ten (10) digit telephone number (e.g.NPA is 800, 888, etc.). TYPE I - Type I service providers are providers that install network infrastructure, such as network transmission, switching and auxiliary equipment for the provision of telecommunications services. Type I services include fixed line services such as local, domestic long distance and international long distance services, as well as interconnection, leased line, ADSL and satellite services and wireless services such as cellular, including 3G cellular, paging, mobile data and trunked radio services. TYPE 2 - Type II service providers are defined as all telecommunications service providers other than Type I service providers. Type II services are divided into special services and general services. Special services include simple resale, VoIP intemational leased circuits. VIRTUAL CONNECTION - A connection established between users, where packets are forwarded along the same path and bandwidth is not permanently allocated until it is used. WIRE CENTER - A building in which one or more central offices, used for the provision of exchange services, are located. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. 1 Name of Utility: RCLEC,Inc. 20 Davis l)rive Belmont, CA 94002 Original Page 15 Revises Page Cancels Page 2.1 SECTION 2 . RULES AND REGULATIONS Undertakins of the Companv 2.1.1 Scope The Company undertakes to furnish Access Services in accordance with the terms and conditions set forth in this Tariff. 2.1.2 Shortaqe of Facilities All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue fumishing services when necessary because of the lack of transmission medium capacity or because ofany causes beyond its control. 2.1.3 Terms and Conditions 2.1.3.1 Service is provided on the basis of a minimum period of at least one month, twenty-four (24) hours per day. For the purpose of computing charges in this Tariff, a month is considered to have thirty (30) days. 2.1.3.2 Customers may be required to enter into written Service Orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this Tariff. Customers will also be required to execute any other documents as may be reasonably requested by the Company. 2.1.3.3 In any action between the parties to enforce any provision of this Tariff, the prevailing party shall be entitled to recover its legal fees and court costs from the non-prevailing party in addition to other relief a court may award. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CL 94002 Original Page 16 Revises Page Cancels Page 2.1 SECTION 2 - RULES AND REGULATIONS Undertaking of the Companv (Cont'd) 2.1.3 Terms and Conditions (Cont'd) 2.1.3.4 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. 2.1.4 Limitations on Liabilitv 2.1.4.1 The liability of the Company for effors in billing that result rn overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. 2.1.4.2 The Company shall not be liable for any claims for loss or damages involving: l) Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) Common Carriers; 2) Any unlawful or unauthorized use of the Company's facilities and services; Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 17 Revises Page Cancels Page 2.1 SECTION 2 . RULES AND REGULATIONS Undertakins of the Companv (Cont'd) 2.1.4 Limitations on Liabilitv (Cont'd) 2.1.4.2 (Cont'd) Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company- provided facilities or services with Customer-provided facilities or services; Breach in the privacy or security of communications transmitted over the Company's facilities; Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company's liability is limited as set forth in Section 2.1.4.1 and 2.1.4.2, preceding; Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; Idaho Public Utilities CommissionIssued: February 12,2015 By: John Marlow, Chief Executive Officer 3) 4) s) 6) Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 18 Revises Page Cancels Page 2.1 SECTION 2 - RULES AND REGULATIONS (CONT'D) Undertakine of the Companv (Cont'd) 2.1.4 Limitations on Liabilitv (Cont'd) 2.1.4.2 (Cont'd) 7) 8) Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be connected to the Company's facilities; Any noncompletion of calls due to network busy conditions. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 19 Revises Page Cancels Page 2.1 SECTTON 2 - RULES AND REGULATIONS (CONT'D) Undertakins of the Comnanv (Cont'd) 2.1.4 Limitations on Liability (Cont'd) 2.1.4.3 The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal itjury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service. 2.1.4.4 The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or non- preemptibility as may be provided by the other entities. 2.1.5 Provision of Equipment and Facilities 2.1.5.1 Except as otherwise indicated, Customer-provided station equipment at the Customer's premises for use in conjunction with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company. d: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary By: Effective I.P.U.C. Tariff No. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 20 Revises Page Cancels Page 2.1 SECTION 2 . RULES AND REGULATIONS (CONT'D) Undertakins of the Companv (Cont'd) 2.1.5 Provision of Equipment and Facilities (Cont'd) 2.1.5.2 The Company shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment. Where such equipment is connected to service furnished pursuant to this Tariff, the responsibility of the Company shall be limited to the furnishing of services under this Tariff and to the maintenance and operation of such services in the proper manner. Subject to this responsibility, the Company shall not be responsible for: 1) the through transmission of signals generated by Customer-provided equipment or for the quality of or defects in such transmission; or 2) the reception of signals by Customer-provided equipment; or 3) network control signaling where such signaling is performed by Customer-provided network control signaling equipment. 2.1.6 Ownershin of Facilities Title to all facilities provided in accordance with this Tariff remains in the Company, its agents, contractors or suppliers. Oblieations of the Customer 2.2.1 General 2.2.1.1 The Customer shall be responsible for ensuring that the characteristics and methods of operation of any circuits, facilities or equipment not provided by the Company and associated with the facilities utilized to provide Service under this Tariff shall not interfere with or impair Idaho Public Utilities Commission 2.2 lssued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page2l Revises Page Cancels Page 2.2 Service over facilities of the Company; cause damage to its plant; impair privacy or create hazards to employees or the public; SECTION 2 - RULES AND REGULATIONS (CONT'D) Oblieations of the Customer (Cont'd) 2.2.1 General (Cont'd) 2.2.1.2 The Service provided under this Tariff shall not be used for any unlawful purpose; or used in an abusive manner which would reasonably be expected to frighten, abuse, torment or harass another; or interfere with use of Service by one or more customers; or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits; 2.2.1.3 If Customer intends to use the Company's offerings for resale and/or for shared use, Customer may be required to file a letter with the Company confirming that its use of the Company's offering complies with relevant laws and Commission regulations, policies, orders, guidelines and decisions; 2.2.1.4 The Customer shall be responsible for the payment of all applicable charges pursuant to this Tarift including without limitation, charges for visits by the Company's employees or agents to the Cusotomer's Premises when a Service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer or another Service Provider; 2.2.1.5 The Customer shall be responsible for damage to or loss of the Company's facilities or equipment caused by acts or omissions of the Customer; or noncompliance by the Customer; or by fire or theft or other casualty on the Customer's Premises, unless caused by the negligence or willful misconduct of Company's employees or agents; lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. Tariff No. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Ptge22 Revises Page Cancels Page 2.2 SECTTON 2 - RULES AND REGULATIONS (CONT'D) Oblieations of the Customer (Cont'd) 2.2.2 Prohibited Uses 2.2.2.1 The services the Company offers shall not be used for any unlawful purpose or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits. 2.2.2.2 The Company may require a Customer to immediately shut down its transmission if such transmission is causing interference to others. 2.2.2.3 A Customer, Joint (Jser, or Authorized User may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company. The Company will permit a Customer to transfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated Access services. Such a transfer will be treated as a disconnection of existing service and installation of new service, and non-recurring installation charges as stated in this Tariff will apply. 2.2.3 CustomerPremisesProvisions 2.2.3.1 The Customer shall provide the personnel, power and space required to operate all facilities and associated equipment installed on the premises of the Customer. 2.2.3.2 The Customer shall be responsible for providing Company personnel access to premises of the Customer at arry reasonable hour for the purpose of testing the facilities or equipment of the Company. l: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. Tariff No. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page23 Revises Page Cancels Page 2.3 2.5 2.4 SECTION 2 - RULES AND REGULATIONS (CONT'D) Liability of the Customer 2.3.1 The Customer will be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its officers, employees, agents, invitees, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. Deposits 2.4.1 The Company does not charge its customers deposits. Advanced Pavments 2.5.1 To safeguard its interests, the Company may require a Customer to make an advance payment to cover contingencies before services and facilities are furnished. The advance payment will not exceed an amount up to two months of estimated monthly usage charges. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's first bill where the special construction charges appears. Claims 2.6.1 To the extent caused by any negligent or intentional act of the Customer as described in 2.2.1.2 preceding, the Customer shall indemnifu, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, for (1) any loss, destruction or damage to property of any third party, (2) the death of or injury to persons, including, but not limited to, employees or invitees of either party, and (3) any liability incurred by the Company to any third party pursuant to this or any other Tariff of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided by the Company to such third party. C: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission 2.6 Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page24 Revises Page Cancels Page 2.6 SECTION 2 - RULES AND REGULATIONS (CONT'D) Claims (Cont'd) 2.6.2 The Customer shall not assert any claim against any other Customer or user of the Company's services for damages resulting in whole or in part from or arising in connection with the fumishing of service under this Tariff including but not limited, to mistakes, omissions, intemrptions, delays, errors or other defects or misrepresentations, whether or not such other customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other customer or user and not by any act or omission of the Company. Nothing in this Tariff is intended either to limit or to expand Customer's right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence. Pavment Arrangements 2.7.1 Pavment for Service The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer. 2.7.1.1 Taxes All Idaho and local taxes (including but not limited to franchise fees, excise tax, sales tax, and municipal utilities tax) are listed as separate line items and are not included in the quoted rates. 2.7.2 Return Check Charse A retum check charge of fifteen dollars ($15.00) will be assessed for checks made payable to the Company and retumed for insufficient funds. For service billed on behalf of the Company, any applicable return check charges will be assessed according to the terms and conditions of the Company's billing agent. 2.7 Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 25 Revises Page Cancels Page 2.7 SECTION 2 - RULES AND REGULATIONS (CONT',D) Pavment Arrangements (Cont'd) 2.7.3 Billine and Collection of Charees The Customer is responsible for payment of all charges incurred by the Customer or other users for services and facilities furnished to the Customer by the Company. 2.7.3.1 Non-recurring charges are due and payable within thirty (30) days after the date of the invoice. 2.7.3.2 The Company shall present invoices for Recurring Charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within thirty (30) days after the date of the invoice. When billing is based upon Customer usage, usage charges will be billed monthly for the preceding billing period. 2.7 .3.3 When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have thirty (30) days. 2.7.3.4 Billing of the Customer by the Company will begin on the Service Commencement Date, which is the day on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this Tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued. 2.7.3.5 Any charges for service provided by the Company but did not appear on a customer's invoice can be back billed for a period of up to twenty-four (24) months from the date of discovery of the un-billed charges. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page26 Revises Page Cancels Page 2.7 SECTION 2 . RULES AND REGULATIONS (CONT'D) Pavment Arransements (Cont'd) 2.7.3 Billins and Collection of Charees (Cont'd) 2.7.3.6 A penalty cannot be applied to a prior penalty amount. 2.7.3.7 If service is disconnected by the Company in accordance with Section 2.7.4 following and later reinstalled, service will be subject to all applicable installation charges as described in 2.8.2 in this tariff. If service is suspended by the Company and later restored, service will be subject to all applicable restoration charges found in2.l3 in this tariff. 2.7.4 Billinq Disputes 2.7.4.1 General All bills are presumed accurate, and shall be binding on the Customer unless notice of the disputed charge(s) is received by the Company. For the purposes of this section, "notice" is defined as written notice to the Company, containing sufficient documentation to investigate the dispute, including the account number under which the bill has been rendered, the date of the bill, and the specific items on the bill being disputed. The undisputed portions of the bill must be paid by the payment due date to avoid assessment of a late payment charge on the undisputed amount. In the event that a billing dispute is resolved by the Company in favor of the Customer, any disputed amount withheld pending resolution of the billing dispute shall not be subject to the late payment charge. In the event that a billing dispute is resolved in favor of the Company, the Customer shall pay the late payment charge. J: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary By: Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page27 Revises Page Cancels Page 2.7 SECTION 2 . RULES AND REGULATIONS (CONT'D) Pavment Arransements (Cont'd) 2.7.4 Billine Disnutes (Cont'd) 2.7.4.2 Late Payment Charge RCLEC will assess a late payment charge equal to l.5o/o for any past due balance that exceeds thirty (30) days. A late payment penalty may be assessed only once on any bill for rendered services. Late payment penalties shall comply with Idaho Public Utilities Commission regulations and Idaho law. 2.7.4.3 Adjustments or Refunds to the Customer In the event that the Company resolves the billing dispute in favor of a Customer who has withheld payment of the disputed amount pending resolution of the disputed bill, the Company will credit the Customer's account for the disputed amount in the billing period following the resolution of the dispute. In the event that the Company resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill, the Company will credit the Customer's account for any overpayment by the Customer in the billing period following the resolution of the dispute. In the event that the Company resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill but canceled the service, the Company will issue a refund of any overpayment by the Customer. 1) 2) 3) Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 28 Revises Page Cancels Page 2.7 SECTION 2 - RULES AND REGULATIONS (CONT'D) Pavment Arrangements (Cont'd) 2.7.4 Billine Disputes (Cont'd) 2.7.4.3 Adjustments or Refirnds to the Customer (Cont'd) 4) All adjustments or refunds provided by the Company to the Customer at the Customer's request, or provided by the Company to the Customer by way of compromise of a billing dispute, and which are accepted by the Customer, are final and constitute full satisfaction, settlement, and/or compromise of all of the Customer's claims for the billing period for which the adjustment or refund was issued. 5) Customers have up to ninety (90) days (commencing five (5) days after remittance of the bill) to initiate a dispute over charges or to receive credits. 2.7.4.4 Unresolved Billing Disputes In the case of a billing dispute between the Customer and the Company for service furnished to the Customer, which cannot be settled to the mutual satisfaction of the Customer and the Company, the Customer is required to take the following course of action. l) First, the Customer may request and the Company will provide an in-depth review of the disputed amount. 2) Second, if after investigation and review by the Company a disagreement remains as to the disputed amount, the Customer may contact: Idaho Public Utilities Commission PO Box 83720 Boise,lD 83720-0074 d: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary By: Effective LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page29 Revises Page Cancels Page 2.7 t-800-432-0369 SECTION 2 - RULES AND REGULATTONS (CONT'D) Payment Arransements (Cont'd) 2.7.5 Refusal or Discontinuance bv Comnany 2.7.5.1 The Telephone Company may discontinue service without prior notice: (1) if a condition immediately dangerous or hazardous to life, physical safety, or property exists; (2) upon order by any court, the Commission, or any other duly authorized public authority; or (3) if service was obtained fraudulently, under deceptive conditions or without the specific authorization of the Telephone Company. The Telephone Company may terminate service if it has tried diligently to meet the notice requirements, but has been unsuccessful in its attempt to contact the end user affected. The Telephone Company fray, on seven (7) days written notice by U.S. Mail to the person designated by customer authorized to receive such notices of noncompliance, refuse additional applications for service and/or refuse to complete any pending orders for service by the non- complying end user at any time thereafter as referenced in Section 31- 41.01 of the I.D.A.P.A. If the Telephone Company does not refuse additional applications for service on the date specified in the seven (7) days' notice, and the customer's noncompliance continues, nothing contained herein shall preclude the Telephone Company's right to refuse additional applications for service to the non-complying end user without further notice, subject to the Commission Rules and Regulations goveming customer relations of telephone companies. In the case of such Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 30 Revises Page Cancels Page discontinuance, all applicable charges shall become due. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities CommissionApproved Eff( Jean D. Jewell, Secretary LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 31 Revises Page Cancels Page 2.7 SECTTON 2 - RULES AND REGULATIONS (CONT'D) Pavment Arransements (Cont'd) 2.7.5 Refusal or Discontinuance bv Companv 2.7.5.2 If the Telephone Company does not discontinue the provision of the services involved on the date specified in the seven (7) days' notice, and the end user's non-compliance continues, nothing contained herein shall preclude the Telephone Company's right to discontinue the provision of the services to the non-complying end user provided the Telephone Company diligently attempts, at least twenty-four (24) hours before actual termination, to apprise the customer of actions or steps that may be taken to avoid such disconnection. 2.7.5.3 When the Telephone Company has disconnected Local Exchange Service to the end user for non-compliance with this tariff, the end user will be required (unless other arrangements have been made) to pay all unpaid charges prior to the reconnection of service. In addition, the end user will be required to reapply after having been disconnected continuously for 30 calendar days. All end users that are disconnected for non-payment of their bill for any period may be subject to the deposit requirements. End users will be billed Exchange Order and Line Connection Charges when service is restored. 2.7.6 Limitations on the Discontinuance of Service 2.7 .6.1 No end user will be given notice of discontinuance of service nor shall his/her service be discontinued if the unpaid bill is for services that are not set forth in this Local Exchange Tariff. 2.7.6.2 The Telephone Company will not discontinue service on ffiy, Saturday, Sunday or legal holiday recognized by the State of Idaho, or after 12:00 noon on any Friday or any business day before any legal holiday, or at any time when the Telephone Company's business offices are not open for business, or from December 24 through Idaho Public Utilities CommissionIssued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 32 Revises Page Cancels Page 2.8 January 2, inclusive. Telephone service will only be discontinued between the hours of 8:00 a.m. and 4:00 p.m. SECTION 2 . RULES AND REGULATIONS (CONT'D) Orderins 2.8.1 General A Service Order will be required by the Company to provide Customer with new Services or to provide changes to existing Services. Upon receipt of a properly completed Service Order, the Company will specify a Firm Order Commitment (FOC) and an estimated Service Date based on the type and quantity of Services requested. 2.8.2 Charses Due to the special and limited nature of the services offered by the Company, and the requirement that the Customer be a carrier, all terms and conditions for Customer requests for new, additional, changed or modified services; discontinuance for any reason and/or restoration ofservice; cancellation ofservice orders will be provided for in an ICB between the Company and the customer. 2.8.3 Notice to Companv for Cancellation of Service Pursuant to Idaho statute and regulations, a Customer may cancel an existing service by providing three (3) days written notice to the Company. 2.8.4 Cancellation of Service Order Customer may cancel a Service Order for the installation of Service on any date prior to the service commencement date or notification by the Company that Service is available for Customer's use. The cancellation date is the date the Company receives written notice from the Customer that the Service Order is to be canceled. Idaho Public Utilities CommissionIssued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 33 Revises Page Cancels Page 2.8 SECTION 2 . RULES AND REGULATIONS (CONT'D) Orderine (Cont'd) 2.8.5 Modification of Service Order Customer may request a modification of its Service Order or Service prior to the Service Commencement Date. All modifications must be in writing. The Company, in its sole discretion, may accept a verbal modification from the Customer. The Company will make every reasonable effort to accommodate a requested modification when it is able to do so within the normal work force assigned to complete such Service Order within normal business hours. 2.8.6 Minimum Period of Service The minimum period for which Services are provided and for which rates and charges are applicable is one year unless otherwise specified. 2.8.7 Customer0verpavment The Company will pay interest on a Customer overpayment. Customer overpayment shall mean a payment to the Company in excess of the correct charges for service when caused by erroneous billing by the Company. The rate of interest shall be at the rate of 6%o. Interest shall be paid from the date when the Customer overpayment was made, adjusted for any changes in the deposit interest rate or late payment penalty rate, and compounded monthly, until the date when the overpayment is refunded. No interest shall be paid on Customer overpayments that are refunded within thirty (30) days after such overpayment is received by the Company. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 34 Revises Page Cancels Page SECTION 2 - RULES AND REGULATIONS (CONT'D) 2.9 Allowances for Interruptions in Service 2.9.1 General 2.9.t.1 2.9.1.2 2.9.1.3 2.9.t.4 A credit allowance will be given when service is intemrpted, except as specified h2.9.1.4 following. A service is interrupted when it becomes inoperative to the Customer (e.g. the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this Tariff). An intemrption period begins when the Customer reports a service, facility or circuit to be inoperative and, if necessary, releases it for testing and repair. An intemrption period ends when the service, facility or circuit is operative. If the Customer reports a service, facility or circuit to be intemrpted but declines to release it for testing and repair, the service, facility or circuit is considered to be impaired but not intemrpted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired. No credit allowance will be made for any intemrption in service: Due to the negligence of or noncompliance with the provisions of this Tariff by any person or entity other than the Company, including but not limited to the Customer or other common carriers connected to the service of the Company; - Due to the failure of power, equipment, systems, connections or services not provided by the Company; Due to circumstances or causes beyond the control of the Company; During any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting intemrptions; Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 35 Revises Page Cancels Page 2.9 SECTTON 2 - RULES AND REGULATIONS (CONT'D) Allowances for Interruptions in Service (Cont'd) 2.9.2 Limitations of Allowances 2.9.2.1 During any period in which the Customer continues to use the service on an impaired basis; 2.9.2.2 During any 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; 2.9.2.3 That occurs or continues due to the Customer's failure to authorize replacement of any element of special construction; and 2.9.2.4 That was not reported to the Company within thirty (30) days of the date that service was affected. 2.9.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period of intemrption, the Customer must pay the charges for the alternative service used. 2.9.4 Anplication of Credits for Interruptions in Service 2.9.4.1 Credits for intemrptions in service that is provided and billed on a flat rate basis for a minimum period of at least one month, beginning on the date that billing becomes effective, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the period of service during which the event that gave rise to the claim for a credit occurred. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the C: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 36 Revises Page Cancels Page 2.9 intemrption. Only those facilities on the intemrpted portion of the circuit will receive a credit. SECTTON 2 - RULES AND REGULATIONS (CONT'D) Allowances for Interruptions in Service (Cont'd) 2.9.4 Apnlication of Credits for Interruptions in Service (Cont'd) 2.9.4.2 For calculating credit allowances, every month is considered to have thirty (30) days. 2.9.4.3 A credit allowance will be given for intemrptions in service of fifteen (15) minutes or more. Two or more intemrptions of fifteen (15) minutes or more during any one twenty-four (24)-hour period shall be considered as one intemrption. 2.9.4.4 Intemrptions of twenty-four (24) Hours or Less lntemrption Period Length of Intemrption Less than 15 minutes l5 minutes up to but not including 3 hours 3 hours up to but not including 6 hours 6 hours up to but not including t hours t hours up to but not including12 hours 12 hours up to but not including 15 hours l5 hours up to but not including24 hours To Be Credited None 1/10 Day ll5 Day 2l5Day 315 Day 4l5Day One Day lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities CommissionApproved Effective Jean D. Jewell, Secretary I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page37 Revises Page Cancels Page 2.9 SECTION 2 . RULES AND REGULATIONS (CONT'D) Allowances for Interruptions in Service (Cont'd) 2.9.4 Application of Credits for Interruptions in Service (Cont'd) 2.9.4.5 Continuous lnterruption Over twenty-four (24) Hours and Less Than seventy-two (72) Hours. Intemrptions over twenty-four Q$ hours and less than seventy-two (72) hours will be credited one-fifth (1/5) day for each three-hour (3) period or fraction thereof that occurs following the expiration of the initial twenty-four (24)-hour period. No more than one full day's credit will be allowed for any period of twenty-four (24) hours. 2.9.4.6 Intemrptions Over seventy-two (72) Hours. Intemrptions over seventy- two_(72) hours will be credited two (2) days for each full twenty-four (24)-hour period that occurs following the expiration of the irntial T2- hour period. No more than thirty (30) days credit will be allowed for any one-month period. 2.9.5 Cancellation For Service Interruntion Cancellation or termination for service intemrption is permitted only if any circuit experiences a single continuous outage of 8 hours or more or cumulative service credits equaling sixteen (16) hours in a continuous twelve (l2)-month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 38 Revises Page Cancels Page SECTION 2. RULES AND REGULATIONS (CONT'D) 2.10 Customer Liabilitv for Unauthorized Use of the Network (Cont'd) 2.10.1 Unauthorized Use of the Network (Cont'd) 2.10.1.1 Unauthorized use of the Network occurs when: l) a person or entity that does not have actual, apparent or implied authority to use the Network obtains the Company's services provided under this Tariff; or 2) a person or entity that otherwise has actual, apparent, or implied authority to use the Network makes fraudulent use of the Network to obtain the Company's services provided under this Tariff or uses specific services that are not authorized. 2.10.1.2 The following activities constitute fraudulent use: l) Using the Network to transmit a message, locate a person, or otherwise give or obtain information, without payment for the service; 2) Using or attempting to use the Network with the intent to avoid payment, either in whole or part, of any of the Company's Tariffed charges by either rearranging, tampering or making connections not authorized by this Tariff to any service components used to furnish the Company's services or using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices or electronic devices; 3) Using fraudulent means or devices, tricks, schemes, false or invalid numbers, false credit devices or electronic devices to defraud or mislead callers. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective [P.U.C. Tariff No. 1 Original Page 39 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTION 2 - RULES AND REGULATIONS (CONT'D) 2.10 Customer Liabilitv for Unauthorized Use of the Network (Cont'd) 2.10.2 Liabilitv for Unauthorized Use (Cont'd) 2.10.2.1 Except as provided for elsewhere in this Tariff, the Customer is responsible for payment of all charges for services provided under this Tariff furnished to the Customer or User. This responsibility is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by Users or other third parties, the Customer's employees or the public. 2.10.2.2 The Customer is liable for all costs incurred as a result of unauthorized use of the Network, including service charges and any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive charges. 2.10.2.3 The Customer is responsible for payment of any charges related to the suspension and/or termination of service, and any charges for reconnection of service, incurred as a result of unauthorized use of the Network. 2.ll Reciprocal Compensation Arrangements 2.ll.l General Reciprocal Compensation Arrangements are available to Other Network Providers (ONP) who are also certificated providers of local exchange service. Under a Reciprocal Compensation Arrangement, the Company compensates the ONP for Company traffic terminating on the ONP's network and the ONP compensates the Company for ONP traffic terminating on the Company's network. The Company will negotiate Reciprocal Compensation Arrangements with ONPs on a case-by-case basis. lssued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 40 Revises Page Cancels Page SECTION 2 , RULES AND REGULATIONS (CONT'D) 2.ll Reciprocal CompensationArransements (Cont'd) 2.ll.l General (Cont'd) In the absence of negotiated arrangements between the Company and ONPs, the Company's Reciprocal Compensation Arrangements to ONPs will be no higher than those of the incumbent carrier for the region in which that incumbent is providing service. Recognizing the technical constraints of cellular carriers and other smaller carriers where it is not technically possible for the Company to interconnect directly to each of another carrier's switching offices, the Company will pay charges when requested by the carrier for traffic that it terminates on such carrier's network as specified above until such time as that carrier interconnects, through its own facilities or a third carrier's facilities, directly to a Company switching office or negotiates alternative arrangements. 2.11.2 Measurement of Access Minutes and Determination of Balance All traffic subject to a Reciprocal Compensation Arrangement will be considered terminating for usage measurement purposes, i.e., Company traffic is terminating to the ONP and ONP traffic is terminating to the Company. Usage measurement will begin when the Company entry switch receives answer supervision from the Company's Customer's switching office or from the ONP's point of termination, whichever occurs later. Usage measurement will end when the Company's entry switch receives disconnect supervision from the Company's Customer's office or from the ONP's point of termination, whichever occurs first. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities CommissionApproved Effective Jean D. Jewell, Secretary LP.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTTON 2 - RULES AND REGULATTONS (CONT'D) 2.12 Inspection. Testins and Adiustment 2.12.I The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions of this Tariff are being complied with in the installation, operation or maintenance of the Customer's or the Company's facilities or equipment relating to the Service. The Company may intemrpt Service at any time, without penalty or liability, due to the departure from or reasonable suspicion of the departure from any of these terms and conditions. 2.12.2 The Customer shall be responsible for making arrangements or obtaining permission for safe and reasonable access for Company employees or agents of the Company to enter the Customer's Premises at any reasonable hour for the purpose of inspecting, repairing, testing or removing any part of the Company's facilities or equipment. 2.12.3 Upon reasonable notice, the facilities or equipment provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary for maintenance in a condition satisfactory to the Company. No intemrption allowance shall be granted for the time during which such tests and adjustments are made, unless such intemrption exceeds twenty-four (24) hours in length and is requested by the Customer. 2.13 ReconnectionCharse A reconnection fee of $25.00 per occurrence, per account, may be charged when service is re-established for Customers who have been disconnected for non-payment, and is payable at the time that the restoration of suspended service and facilities is arranged. 2.14 Operator Service Rules The Company will not provide Operator Services. It will be the responsibility of the resale carrier to provide Operator Services to its customers. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. I Original Page 42 Revises Page Cancels Page Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 SECTTON 2 - RULES AND REGULATTONS (CONT'D) 2.15 Access to Carrier of Choice Customers of the Company's local service shall have the right to select the interexchange telecommunications service provider (IXC) of their choice. The IXC should request confirmations/ verifications of choice from its Customers no later than the date of submission of its first bill to the Customer. RCLEC should maintain signed letters of agency or confirmations of choice on file for use in dispute resolution. 2.16 Universal Emergencv Telephone Number Service (911. E911) 2.19.1 RCLEC does not provide 911 services for its wholesale customers. The Customer is responsible for providing 911 services. d: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 43 Revises Page Cancels Page 3.1 SECTION 3 . SERVICE DESCRIPTIONS Wholesale Transit Services Wholesale Transit Service is a private line transport that provides connectivity from a Company Gateway at one of its Carrier Hotels through an Internet Protocol Open Shortest Path First (OSPF) Ethernet path, Direct Circuit, Channel, wavelength division multiplexer, or sub path thereof specifically dedicated to the use of a service provider as a Customer to one of the Customer's Premises. Wholesale Transit Services provide connectivity on a metropolitan Ethernet basis. Wholesale Transit Services are priced based on bandwidth and QoS Conditioning with no usage sensitive cost element. Wholesale Transit Services described in this section allow the Company to extend Wholesale Local Loop Services from a Company Carrier Hotel Gateway to a Customer's Premises. Both Wholesale Transit Services and Wholesale Local Loop Services are dependent upon the availability of facilities and will be provided at the discretion of the Company and priced on an Individual Case Basis, applied in a nondiscriminatory manner. The following Wholesale Transit Services are offered pursuant to this Tariff: T- I (Trunk, level I - l.544Mbps) DS3 (Digital Signal, level3 - 44.736 Mbps) OC3 (Optical Carrier,level 3 - 155.52 Mbps) OC 12 (Optical Carrier, level12, SONET channel - 622.08 Mbps) OC48 (Optical Carrier, level 48, SONET channel - 2,488.32 Gbps) OC 192 (Optical Carrier,level 192, SONET channel -9.953 Gbps) Ethernet Transit Service Each Wholesale Transit Service represents transmission capacity and protocol specific to the ordered Service. Company does not guarantee the use of equipment specifically dedicated to any Customer. Company reserves the right to limit the number of Wholesale Transit Services on any Service arrangement based upon engineering considerations. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 44 Revises Page Cancels Page 3.1 SECTION 3. SERVICE DESCRIPTIONS (CONT'D) Wholesale Transit Services (Cont'd) Wholesale Transit Services may be provided either as Type I or Type II Services, depending upon the availability of facilities. Type I Service rates apply when both endpoints of the channel are served by the Company's network. Type II Service rates apply when the endpoints of the channel are served by another Service Provider's network. 3.1.1 T-1 Service T-1 is composed of digital channels provided at 1.544 Mbps for the transmission of one-way and two-way communication. 3.1.2 DS3 DS3 is composed of digital channels provided at 44.736 Mbps for the transmission of one-way and two-way communication. 3.1.3 OC3 Service OC3 provides for the direct electrical-to-optical mapping of the STS-3 signal at 155.52 Mbps with frame synchronous scrambling. 3.1.4 OCl2 Service OC 12 provides for the direct electrical-to-optical mapping of the STS-48 (SONET) channel of 622.08 Mbps with frame synchronous scrambling. 3.1.5 OC48 Service OC48 provides for the direct electrical-to-optical mapping of the STS-48 (SONET) channel of 2,488.32 Gbps with frame synchronous scrambling. 3.1.6 OCl92 Service OCl92 provides for the direct electrical-to-optical mapping of the STS-192 (SONET) channel of 9.953 Gbps with frame synchronous scrambling. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 45 Revises Page Cancels Page 3.1 SECTION 3 - SERVICE DESCRTPTIONS (CONT',D) Wholesale Transit Services (Cont'd) 3.1.7 Ethernet Transit Service Ethernet Transit Service is an optically switched high-speed fiber-based data service that allows a Customer to connect two Company Carrier Hotel Gateway or Exchange Points using packet-based technologies. Ethernet Transit Service is a flexible, easy to use, transport service that uses established Ethernet transport. Ethemet Transit Service allows Customer to connect Customer's equipment located at Company Carrier Hotel or Exchange Points with Company Wholesale Transit Services or other Customer equipment collocated at other Company Gateway locations using native Ethemet protocol. Ethemet Transit Service supports transmission speed from 1 Gbps to 100 Gbps. Ethernet Transit Service provides Customer traffic segmentation enabling private and secure transfer of Ethemet frames over a shared network. Ethernet Transit Service is offered using either the tPv4 or [Pv6 protocol. Wholesale Local Loop Service Wholesale Local Loop Service is a private line transport that provides connectivity to two or more Company Gateways at its Carrier Hotels through a direct circuit, channel, wavelength division multiplexer, or sub path thereof specifically dedicated to the use of a Service Provider as a Customer. Wholesale Local Loop Service provides connectivity on a Private Metro Ethernet Path or SONET add/drop multiplexer basis. Wholesale Local Loop Service is priced based on distance, bandwidth, and multiplexing technique with no usage sensitive cost element. Wholesale Transit Services described in Section 2.1 of this Tariff allows the Company to extend Wholesale Local Loop Services from a Company Carrier Hotel Gateway to a Customer's Premises. Both Wholesale Transit Services and Wholesale Local Loop Services are dependent upon the availability of facilities and will be provided at the discretion of the Company and priced on an Individual Case Basis, applied in a nondiscriminatory manner. Idaho Public Utilities Commission 3.2 l: February 12,2015 John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo.l Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CL 94002 Originat Page 46 Revises Page Cancels Page Issued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CL 94002 Original Page 47 Revises Page Cancels Page 3.2 SECTION 3 - SERVICE DESCRTPTIONS (CONT'D) Wholesale Local Loon Service (Cont'd) The following Wholesale Local Loop Services are offered pursuant to this Tariff: T-l (Trunk,level I - 1.544 Mbps) DS3 (Digital Signal, level 3 - 44.736 Mbps) OC3 (Optical Carrier, level 3 - 155.52 Mbps) OC 12 (Optical Carrier, level 12, SONET channel - 622.08 Mbps) OC48 (Optical Carrier,level43, SONET channel -2,488.32 Gbps) OCl92 (Optical Carrier, level192, SONET channel -9.953 Gbps) Ethernet Transit Service Each Wholesale Local Loop Service represents transmission capacity and protocol specific to the ordered Service. Company does not guarantee the use of equipment specifically dedicated to any Customer. Company reserves the right to limit the number of Wholesale Local Loop Services on any Service iurangement based upon engineering considerations. Wholesale Local Loop Services may be provided either as Type I or Type II Services, depending upon the availability of facilities. Type I Service rates apply when both endpoints of the channel are served by the Company's network. Type II Service rates apply when the endpoints of the channel are served by another Service Provider's network. 3.2.1 T-1 Service T-1 is composed of digital channels provided at 1.544 Mbps for the transmission of one-way and two-way communication. 3.2.2 pS3 DS3 provides digital channels at 44.736 Mbps for the transmission of one-way and two-way communication. d: February 12,2015 John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 48 Revises Page Cancels Page 3.2 SECTION 3 . SERVICE DESCRIPTIONS (CONT'D) Wholesale Local Loon Service (Cont'd) 3.2.3 OC3 Service OC3 provides for the direct electrical-to-optical mapping of the STS-3 signal at 155.52 Mbps with frame synchronous scrambling. 3.2.4 OC12 Seruice OC 12 provides for the direct electrical-to-optical mapping of the STS-48 (SONET) channel of 622.08 Mbps with frame synchronous scrambling 3.2.5 OC48 Service OC48 provides for the direct electrical-to-optical mapping of the STS-48 (SONET) channel of 2,488.32 Gbps with frame synchronous scrambling. 3.2.6 OCl92 Service OCl92 provides for the direct electrical-to-optical mapping of the STS- 192(SONET) channel of 9.953 Gbps with frame synchronous scrambling. 3.2.7 Ethernet Transit Service Ethernet Transit Service is an optically switched high-speed fiber-based data service that allows a Customer to connect two Company Carrier Hotel Gateway or Exchange Points using packet-based technologies. Ethernet Transit Service is a flexible, easy to use, transport service that uses established Ethemet transport technology. Ethernet Transit Service allows Customer to connect Customer's equipment located at Company Carrier Hotel or Exchange Points with Company Wholesale Transit Services or other Customer equipment collocated at other Company Gateway locations using native Ethernet protocol. Ethemet Transit Service supports transmission speed from 1 Gbps to 100 Gbps. Ethernet Transit Service provides Customer traffic segmentation enabling private and secure transfer of Ethemet frames over a shared network. Ethemet Transit Service is offered using either the [Pv4 or IPv6 protocol. Idaho Public Utilities CommissionC: February 12,2015 John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective LP.U.C. TariffNo. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 49 Revises Page Cancels Page SECTION 3 - SERVICE DESCRTPTIONS (CONT',D) Wholesale Local Loop Service (Cont'd) 3.2.8 Intrastate. InterLATA InterExchanee Service (Cont'd) RCLEC offers Intrastate, InterLATA InterExchange Service only in conjunction with its Local Exchange Services. The Company does not offer toll service on a stand-alone basis. Issued: February 12,2015 By: John Marlow, Chief Executive Offrcer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 50 Revises Page Cancels Page 4.1 SECTION 4 _ RATES Application of Rates The Company may institute volume and term arrangements, which involve discounts on recurring charges, or discounts or waivers of non-recurring charges. Discounts based on volume, term, or promotional arrangements will be available on arrangements where the Customer commits to a term contract of one year or longer. Nonrecurring and monthly recurring charges apply for each Service furnished by the Company. Monthly recurring charges vary according to the time period for which the Customer commits to take the Service. Unless otherwise noted, these standard rate elements are used in calculating the monthly recurring charge for Services. Because Type II Service prices are dependent upon another Service Provider's facilities, Type II Service will be provided at the discretion of the Compahy and priced on an Individual Case Basis, applied in a nondiscriminatory manner. Transport Channel - Fixed This rate element applies per channel for the transmission facility between the POPs associated with two Customer Premises, between a POP associated with the Customer Premises and a Company Point of Termination, or between two Company Points of Termination. Variable Mileage This rate element applies per channel for the number of miles (interoffice miles) between the two POPs that serve the terminal locations. Fractions of a mile are rounded up to the next whole mile before rates are applied. d: February 12,2015 John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary By: Effective [P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 51 Revises Page Cancels Page SECTION 4 - RATES (CONT'D) Wholesale Transit Rates T-1 MRC - Fixed MRC - Per Mile NRC D53 MRC - Fixed MRC - Per Mile NRC oc3 MRC - Fixed MRC - Per Mile NRC oct2 MRC - Fixed MRC - Per Mile NRC oc48 MRC - Fixed MRC - Per Mile NRC oct92 MRC - Fixed MRC - Per Mile NRC Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary I.P.U.C. TariffNo. 1 Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 52 Revises Page Cancels Page SECTION 4 - RATES (CONT'D) Wholesale Transit Rates (Cont'd) Ethernet Transit MRC - Fixed IOGbE 100GbE MRC/per mile IOGbE 100GbE NRC IOGbE 100GbE lssued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 53 Revises Page Cancels Page SECTION 4 - RATES (CONT'D) Wholesale Local Loop Service T-1 MRC - Fixed MRC - Per Mile NRC DS3 MRC - Fixed MRC - Per Mile NRC oc3 MRC - Fixed MRC - Per Mile NRC oct2 MRC - Fixed MRC - Per Mile NRC oc48 MRC - Fixed MRC - Per Mile NRC oc192 MRC - Fixed MRC - Per Mile NRC Issued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. TariffNo.l Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 54 Revises Page Cancels Page SECTTON 4 - RATES (CONT'D) Wholesale Local Loop Service (Cont'd) Ethernet Transit MRC - Fixed IOGbE 100GbE MRC/ner mile IOGbE 100GbE NRC IOGbE 100GbE Issued: February 12,2015 By: John Marlow, Chief Executive Officer Approved Jean D. Jewell, Secretary Effective I.P.U.C. Tariff No. I Name of Utility: RCLEC,Inc. 20 Davis Drive Belmont, CA 94002 Original Page 55 Revises Page Cancels Page 5.1 SECTION 5 - MISCELLANEOUS Miscellaneous Services 5.1.1 Individual Case Basis (ICB) Arraneements Arrangements will be developed on a case-by-case basis in answer to a bona fide request from a Customer or prospective Customer to develop a competitive bid for a service offered under this price list. Rates quoted in response to such competitive requests may be different than those specified for such service in this tariff. ICB rates will be offered to the Customer in writing. All tCBs will be made available to the Commission upon request. Contracts will be used in the circumstance of Individual Case Basis ("ICB") service offerings. The terms and conditions of each contract offering are subject to the agreement of both the Customer and Company. Such contract offerings will be made available to similarly situated Customers in substantially comparable circumstances. Contracts are obtainable to any similarly situated Customer that places an order within 90 days of their effective date. In the event of a conflict between the Customer and the Company, the contract will take precedence over this price list in regards to resolution of the conflict. Contracts are subject to applicable law of a competent jurisdiction. Issued: February 12,2015 By: John Marlow, Chief Executive Officer Idaho Public Utilities Commission Approved Jean D. Jewell, Secretary Effective