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HomeMy WebLinkAbout20090805Notice of Name Change.pdf'( Michael C. Creamer, ISB #4030 Kelsey J. Nunez, ISB #7899 GIVENS PURSLEY LLP 601 W. Banock St. Post Offce Box 2720 Boise, Idaho 83701-2720 Telephone: 208-388-1200 Facsimile: 208-388-1300 1255-41/621867_1 REi" i:: l'clr'.. 0-vi.¡vl: i 2069 AUG -4 PM a: 09 IDAHO PUBLIC I 'Til 1--1"'8 co~,., ..(....,.'1' i.. "'--tl'l '" ...,1' ,.V ..L. t.'~ ...-tUJ'j VJ:fVi" Attorneys for Applicant Red-Ban Communcations, LLC BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF RED-BAN COMMUNICATIONS, LLC FOR A CERTIFICATE OF PUBLIC CONVNIENCE AND NECESSITY TO PROVIE LOCAL EXCHAGE SERVICES WITHIN THE STATE OF IDAHO CASE NO. RDB-T-05-1 PETITION TO AMEND ORDER NO. 29899 TO ALLOW RED-BAN TO OPERATE UNER ITS ASSUMED BUSINESS NAME, NEXTPHONE Red-Ban Communcations, LLC ("Red-Ban"), by and though its attorneys of record, Givens Pursley LLP, andpuruant to Idaho Code 61-624 and IDAPA 31.01.01.326 respectfully petitions the Idaho Public Utilties Commission ("Commission") to amend Order No. 29899 to allow Red-Ban to operate as a competitive local exchange carer ("CLEC") under its assued business name, NextPhone. Red-Ban requests that the Commission use modified procedure in the considertion of this Petition. By ths Pettion, Red-Ban also notifies the Commission of its updated contact information and changes in entity management. BACKGROUND On August 15,2005, Red-Ban Communcations, LLC filed an Application for a Cerficate of Public Convenience and Necessity to provide facilties-based local exchange and RE-BAN COMMICATIONS, LLC'S PETITION TO AMND FINAL ORDER NO. 29899 Pagel ,~ resold interexchange services within the State of Idaho and specifically within the Qwest local exchanges ("Application"). A copy of the Application is attached hereto as Exhibit A. The Commission issued Order No. 29899 approving Red-Ban's Application on October 25,2005 and issued Certificate No. 452 to Red-Ban on October 28, 2005. A copy of Order No. 29899 is attached hereto as Exhibit B and a copy of Certificate No. 452 is attached hereto as Exhibit C. Red-Ban is a Utah company with its original principal offce in Sandy, Utah. Red-Ban is authorized to transact business within Idaho and its registered agent for service in the state is Rich Redman at 225 West North Street, Albion, Idaho 83311. On July 20,2009, the Idaho Secretary of State issued Red-Ban a Certificate of Assumed Business Name. Red-Ban's Assumed Business Namè is "NextPhone." A copy of the Certificate of Assumed Business Name is attached hereto as Exhibit D. IDAHO CODE AND THE COMMISSION'S RULES ALLOW AMENDMENT OF EXISTING ORDERS Red-Ban files this Petition pursuant to Idaho Code Section 61-624 and IDAPA 31.01.01.326.01.b. Idaho Code Section 61-624 allows the Commission to amend any order and provides that an amended order has the same effect as the original order. IDAP A 3 1.01.01.326.01.b allows the Commission to amend an order when there have been changed circumstances, new information has become available, or there are other good and sufficient reasons for the amendment. REQUEST FOR AMENDMENT Red-Ban's Certificate of Assumed Business Name represents changed circumstances that provide good and sufficient reason to amend Order No. 29899 to allow Red-Ban to continue to operate as an Idaho CLEC under its assumed business name NextPhone and to issue an amended Certificate No. 452 to be in the name of "Red-Ban Communications, LLC dba NextPhone". RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 Page 2 REQUEST FOR MODIFIED PROCEDURE Red-Ban requests that the Commission use modified procedure in the consideration of this Petition. IDAPA 31.01.01.201. Modified procedure is appropriate when the Commission preliminarily finds that the public interest may not require a hearng to consider the issues presented in the proceeding. Here, Red-Ban seeks an amendment to allow it to operate under its assumed business name. Red-Ban wil not change the manner it which itprovides servce or the scope of its services, and as such, customers wil not be negatively impacted by the amendment. Thus, no hearng should be required for the Commission to grant the Petition to amend Order No. 29899 to allow Red-Ban to operate under its assumed business name, NextPhone. NOTICE OF UPDATED CONTACT INFORMATION AND CHANGE IN ENTITY MANAGEMENT Red-Ban recently updated its business mailing address and customer contact information and changed its entity membership. Red-Ban's new business address is: Red-Ban Communications, LLC dba NextPhone 225 West North Street Albion, Idaho 83311 The contact for Commission Staff and customer inquiries and complaints is: Mary Jane Jolley Red-Ban Communications, LLC dba NextPhone 225 West North Street Albion, Idaho 83311 Phone: (888) 396-6178 Email: supportênxph.com The sole Member of Red-Ban is: Albion Telephone Company, dba ATC Communications P.O. Box 98 Albion, Idaho 83311 (signature page follows) RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 Page 3 DATED thiSk; of August, 2009. GIVENS PURSLEY LLP rJc4 tJ.~ Michael C. Creamer Attorneys for Applicant Red-Ban Communications, LLC RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 Page 4 CERTIFCATE OF SERVICE I hereby cerify that on the Ý 1! day of August, 2009, a tre and correct copy of the foregoing was served upon the following individual(s) by the means indicated: Origial and Seven Copies Filed: Jean D. Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 oo~oo u.S. Mail, postage prepaid Express Mail Hand Delivery Facsimile Electronic Mail c4~tf RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 PageS Exhibit A Original Application for Certificate of Public Convenience and Necessity RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 ~ ..--~--~--~-~--,-~-" Rich Redman Red-Ban Communications, LLC 1057 SHwy77 P.O. Box 14 Albion, ID 83311-0014 Telephone No. (208) 673-2201 Fax No. (208) 673-6200 rich~atcnet.net ECEIVED IT) C"llLED 2U05 ß,UG l 5 A~t g: 03 iDj\HO PUBLiC (¡TILlTlES COMl'1ISSHJH Member Managerfor Red-Ban Communications, LLC Red-ba clec application, wpd BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF RED-BAN COMMCATIONS, LLC FOR A CERTIFICATE OF PUBLIC CONVNINCE AN NECESSITY TO PROVIDE LOCAL EXCHAGE AN TOLL SERVICES WITHIN THE STATE OF IDAHO. Case No. APPLICATION FOR CERTIFICATION COMES NOW RED-BAN COMMUCATIONS, LLC ("Red-Ban" or "Applicant"), respectfully requests the Idaho Public Utilities Commssion ("Commission") grant the Applicant a Certficate of Public Convenience and Necessity to provide local exchange and toll serces within the State of Idaho. In support of its application, and pursuant to the Commission's Rules and Regulations, Red-Ban submits the following informtion: 1. Proposed Servces Applicant will be a facilities-based provider of local exchange and interexchage telecommunications servces. Applicant seeks authority to provide local exchange and interexchange servces throughout Idaho, specifically within the Qwest Exchanges. Initially, Applicant will ptovide Local Exchange Servce, Voice over APPLICATION FOR CERTIFICATION -Page 1 of6 Internet Protocol, (VOIP) and other information serces. The Applicant may offer interexchange telecommunications servces on a resale basis withn the state. II. Form of Business 1. Applicant is a limited liability company organized under the laws of the State of Utah. Its business address and telephone number is: Red-Ban Communications 500 W 8360 South Sandy, Utah,84704 Telephone No. (801) 472-1750 Fax No. (801) 472-1759 Applicant is authorized to engage in any lawfu commercial activity. A copy of its Aricles of Organzation is attached hereto as Exhibit A. The name and address of the registered agent for servce in Idaho is: Rich Redman 1057 S HWY 77 ,Albion, Idaho 83311. 2. The Applicant is wholly owned by Rich Redman and Brad Banyai whose addresses are: Rich Redman Member Manager 1057 S HW 77 Albion, Idaho 83311 Telephone No. (208) 673-2201 Fax No. (208) 673-6200 Brad Banyai Member Manager 1657 Madsen Lane Sandy, Utah 884093 (801) 944-3500 (801) 265-1183 3. Applicant does not have a management agreement. It has retained the servces of ATe Communications experienced telecommunications personnel to maage its telecommunications system. Names and resumes for these individuals wil be fuished to the Commission under separate cover. 4. Applicant does not own or control any subsidiaries. APPLICATION FOR CERTIFICATION - Page 2 of6 m. Telecommunications Service 1. Applicant is curently constrcting facilities and wil be able to implement servce as soon as this Application is approved. 2. Applicant intends to provide local exchange and interexchange servces mainly to residential and business customers within the Southern Idaho Qwest territories.. IV. Service Terrtory 1. Applicant will compete primarily with the incumbent local exchange carrier, Qwest 2. Applicant wil be a facilities based local exchange carier. V. Financial hiformation 1. Financials are attached hereto as Exhibit B. "llustrative" Tariff Filngs VI. Applicant's proposed tariffs will generally follow the format attched hereto as Exhibit C. vn. Customer Contacts 1. Consumer inquiries and complaints may be directed to: Red-Ban Communications Customer Servce 500 W 8360 S Sandy, UT 84070 Telephone No. (801) 278-3001 Fax No. (801) 265-1183 Toll Free (866) 901-3001 support~ph.com APPLICA nON FOR CERTIFICA nON - Page 3 of 6 ..i) (a) Applicant's toll-free number for customer inquiries and complaints is (866) 901-3001. (b) The name, number and electronic mailing address of the person designated as a contact for the Commission Staff for resolving complaints, inquiries and matters concerning rates and price lists or tariffs is: Rich Redman 1057 SHWY77 Albion, Idaho 83311 Telephone No. (208) 673-2201 Fax No. (208) 673-6200 Toll Free (800) 671-5335 rich(iatcnet.net Vil. Interconnection Agreement 1. Applicant has had prelimiry discussion with Qwest, but has not initiated formal negotiation of an interconnection agreement. IX. Compliance with Commission Rules Applicant has reviewed the Commission rules and agrees to comply with them. X. Escrow Account or Security Bond Applicant does not intend to collect advance deposits or advance payments. Applicant also does not curently intend to provide any prepaid serces. If either of these policies change in the futue, Applicant wil comply with the Commission's rules and regulations governng security for deposits or prepayments. APPLICATION FOR CERTIFICATION - Page 4 of6 WHEREFORE, Applicant respectfully requests that the Commssion grant it a Certificate of Public Convenience and Necessity to provide local exchange and toll services within, Idaho. RESPECTFULLY SUBMITTED this 29th day of July 2005. Red-Ban Communications ffg By Rich Redman Member Manager of Red-Ban Communications APPLICATION FOR CERTIFICATION - Page 5 of6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of July 2005, I caused to be served a tre and correct copy of the foregoing document by the method indicated below, and addressed to the following: J U.S. Mail J Hand Delivered ) Overnght Mail ) Facsimile Boise, il 83720-0074 AMENDED APPLICATION FOR CERTIFICATION - Page 6 of6 -- . --.---1 RED-BAN COMMUNICATIONS, LLC Original Sheet No.1 RED-BAN COMMUNICATIONS, LLC BASIC LOCAL EXCHANGE TELECOMMUICATIONS PRICE LIST TELEPHONE NUMBER 208-673-2201 IDAHO PUBLIC UTILITIES COMMISSION 472 WEST WASHINGTON STREET 1-800-432-0369 This price list contains rates, term and conditions applicable to the sale oftelecomiunications servces provided by RED-BAN COMMUNICATIONS, LLC with the State ofIdaho Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No.2 SECTION INDEX Sheet No. Title 1 Section Index 2,3 Subject Index 4-6 Definitions 7-10 General Rules and Regulations 11-21 Application Explanation of Symbols Obligation of Company Use of Servce and Facilities Establishment and Furshing of Service Telephone Directories Establishment of Deposits Minum Contrct Penods and Tennation of Serce Payment for Servce and Facilities Special Services and Facilities Liabilty of Company Customer Notice 11 11 11,12 13,14 15,16 16 17 17,18 20 20 20 21 Network Access Line Service 22,23 Servce Connection, Move and Change Charges 24,25 Intrexchange Private Line 26 Directory Assistace Service 27 Custom Calling Featues (CCF)28,29 30-36Advanced Custom Calling Featues (ACCF) Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No.3 SECTION INDEX (Continued) Sheet No. Directory Listings 37,38 Automatic Dialing and Anouncement Devices (ADADS)39 Constrction Charges 40-45 Connection with Subscriber-Owned Equipment 46 Trunk Hunting Service Arangements 47 Long Distance Message Restrction - Local Exchange Service 48 Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC SUBJECT INDEX Subject Sheet No. Access Lines Access to Premise Adjustments of Charges Advanced Custom Calling Featues (ACCF) Alterations Application and Explanation of Symbols Application for Service Automatic Dialing and Anouncement Devices (ADADs) Availability of Facilties 22 13 12 30-36 15 11 15 39 11 Chages and Moves Change in Telephone Number Connection With Subscriber-Owned Equipment Constrction Charges Constrction, Special Types Custom Calling Featues (CCF) Customer Notice 24,25 15 46 40-45 16 28,29 21 Defacement of Premises Definitions Deposits Directories, Telephone Directory Assistace Service Directory Errors and Omission Directory Listings 12 7-10 17 16 27 12 37,38 Equipment, Tamperig with Establishment and Furishing of Servce Establishment of Deposits Explanation of Symbols 14 15 17 11 Impersonation of Another Indiscrinate Use of Facilities Installation Costs, Unusual Interconnection Policy Interrption of Service 14 14 16 13 11 Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 Original Sheet No.4 RED-BAN COMMUNICATIONS, LLC \ Original Sheet No.5 SUBJECT INDEX (Continued) Subject Sheet No. Intraexchange Private Line 26 Language, Improper Liability of Company Line Extensions Long Distance Message Restrction - Local Exchange Service 14 20 16,41 48 Maintenance and Repair Minimum Charges (see Minium Contract Period) Minimum Contract Periods and Termation of Service Move and Change Charges 16 17 17,18 24,25 22,23Network Access Line Service Obligation of Company Ownership and Use of Equipment 11,12 13 Payment for Service and Facilities Payment of Servce Private Branch Exchange Access Line Profane Language 20 15 22 14 Reconnection Charge Rendering & Payment of Bils Responsibilty For & Use of Equipment Restoral of Servce Charge 16 20 13 16 Service Charge for Restoral of Service Servce Connection at Subscriber Premises Service Connection, Move and Change Charges Special Services and Facilities Subscriber Service, Use of 16 14 24 20 14 Tampering with Equipment Telephone Directories Telephone Numbers Tempora Servce on Speculative Projects 14 16 15 44 Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No.6 SUBJECT INDEX (Contiued) Subject Sheet No. Termnation of Service Toll Restrction Tru Hunting Service Arangements 18 48 47 Unusual Intallation Costs and Construction Chages Use of Improper Languge or Impersonation of Another Use of Service and Facilities Use of Subscriber Service 16 14 13 14 Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 7 DEFINITIONS Access Line The circuit that travels from the RED-BAN COMMUNICATIONS, LLC central offce to the subscriber's premise termnating at the Network interface Device (NID), which provides direct access to the local exchange and the toll switching networks. Chanel The electrcal path provided by RED-BAN between two or more locations. Circuit A channel used for the tranmission of electrcal energy in the furnishing of telephone service. Company RED-BAN Communications, LLC. Connecting Company A corporation, association, parership, LLC, or individual owning or operating one or more exchanges and with who trffc is interchanged. Contract The servce agreement between a subscriber and the Company under which services and facilities are fushed in accordance with the provisions ofthe Price Lists applicable. Customer See definition of Subscriber. Customer Provided Equipment (CPE) Devices, apparatus, and their associated wiring provided by a subscriber for use with facilities furnished by the Company. Direct Dialing The capabilty for a subscriber to dial anywhere in the United States with a series of numbers without operator assistance. Exchange Area The terrtory served by an exchange. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No.8 DEFINITIONS (Continued) Extension Station An additional station connected on the same circuit as the main station and havig the same telephone number as the main station. Extra Listing Any listing of a name or information in coiiection with a subscriber's telephone number beyond that to which he is entitled in coiiection with his regular servce. Foreign Exchange Directory Listing An alphabetical and diectory listing in the directory of an exchange other th the exchange in which a subscriber is furnished local service. Individual Line An exchange line designed for the coiiection of only one access line. Installation Charge A non-recurng charge made for the placing or fuishing of telephone equipment, which may apply in place of or in addition to servce connection charges and other applicable charges for service or equipment. Local Chaiiel That portion of a chanel which coiiects a station to the interexchange chael; it also applies to a chanel connecting two or more stations withn an exchange area. Local Exchange Servce Telephone serce fushed between subscriber's stations located with the same local servce area. Local Message A communication between subscribers' stations withn the same exchange area. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No.9 DEFINITIONS (Contiued) Local Service Area That geographical area thoughout which a subscriber obtains telephone service without the payment of a toll charge. Main Station A suitable telephone instrent or station that is connected to a network access line though a centrl offce and has a unique telephone number. Part Line A central office line designed for the connection of more than one network' access line. Premises All of the building or the adjoining portions of a buildig occupied and used by the subscriber; or all of the buildings occupied and used by the subscriber as a place of business or residence, which are located on a contiuous plot of ground not intersected by a public highway or thoroughfare. Price List The document fied by the Company with the Public Utilities commssion which lists the communication servces offered by the Company and the associated press. Prima Station Synonymous with mai station. Private Branch Exchange (PBX) An arangement of equipment used by a subscriber and connected directly to a central office by mean of tr access lines, from which connection is made to stations at varous location or customer premises, thereby providing telecommunications between these stations and also communication with the general exchange system. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 10 DEFINITIONS (Contiued) Private Line A circuit provided to furnsh communication only between the two or more telephones directly connected to it, and not having connection with either central offce or P.B.X. switching appartus. Subscriber A person or agency subscribing for telephone servce. As used in ths Price List, a separate subscriber is involved at each location, or continuous propert, where service is furnshed. One individual or firm therefore may be considered as two or more separte subscribers, even in the same Exchange. The privileges, restrctions, and rates established for a subscriber to any class of servce are limted to the servce at one location; no group treatment of servce at separte locations fushed to one individual or firm is contemplated or to be implied, excet when defiiutely provided for in the schedules. Telephone Station A suitable telephone instrent, consisting of a trmitter, receiver, and associated appartus, so connected as to permt tranmitting of and receivig telephone messages. TieTnm A circuit connecting two P .B.X. systems for the purose of intercommuncating between the stations connected with such P .B.X. switching apparatus. The circuit is not intended to provide for gener exchange service though either of the P.B.x. systems with which it connects. Toll Message A message from a calling station to a station located in a different local servce area. Toll Service Telephone service rendered by the Company between patrons in different local serce areas in accordance with the rates specified in the Company's Toll Price List. Trunk A telephone communication channel between (a) two rans of switching equipment in the same centrl offce, (b) between central offce units in the same switchig center, or (c) between two switching centers. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 -~~ RED-BAN COMMUNICATIONS, LLC Original Sheet No. 11 GENERAL RULES AND REGULATIONS A. APPLICATION The rules and regulations specified herein apply to the intrtate serices and facilities of RED-BAN COMMUNICATIONS, LLC, hereinafter referred to as the Company. Failure on the par of the subscribers to observe these term and conditions of the Company, after due notice of such failure, automatically gives the Company the authority to discontinue the fuishing of servce. B. EXPLANATION OF SYMBOLS (C) Signifies a changed regulation. (D) Signifies a discontinued rate, treatment or regulation. (1) Signifies an increased rate or new treatment resulting in increased rate. (N) Signfies a new rate, treatment or regulation. (R) Signfies a reduced rate or new treatment resultig in reduces mtes. (T) Signifies a change in text but no change in rate, treatment or regulation. C. OBLIGATION OF COMPAN 1. Availability of Facilities The Company's obligation to fuish telephone servce is dependent upon its ability to secure suitable facilities and to provide such servce without unreasonable expense. 2. Interrption of Service An allowance wil be made upon notice and demand to the Company for interrption of servce not due to subscriber negligence or other circumstances not due to Company facilties. The Company wil credit a customer's account in accordace with IDAHO IDAPA 31.41.01 Rule 503. Issued Date: Issued By: \ RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMNICATIONS, LLC Original Sheet No. 12 GENERAL RULES AND REGULA nONS (Continued) C. OBLIGATION OF COMPAN (Continued) 3. Directory Errors and Omission The Company endeavors to correctly list customers, their telephone numbers and other information in the local telephone directory. The Company will waive the tarf rate for special diectory servces in cases in which the Company provides inormation for a diectory listing and an error occurs. 4. Defacement of Premises The Company wil repair or replace any defacement or damage of propert due to installation, existence, or removal of Company proper, when the daage is the result of negligence of the Company. 5. Adjustment of Charges In case of over biling, a refund will be mae by the Company for the full amount of excess charges when the amount can be determed; when the amount canot be determed from available records, the maimum refud will not exceed the estiated over biling over a thee year period. In case of under biling, the Company reseres the right to back bil for the deficiency charges up to a period of thee years. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 13 GENERAL RULES AND REGULATIONS (Continued) D. USE OF SERVICE AND FACILITIES 1. Ownership and Use of Equipment All equipment and lines furnished by the Company are the propert of the Company unless otherwise specified. Company agents or employees shall have the right to enter said premjses at any mutually agreed upon reasonable hour to install or maintain equipment or remove equipment The Company may refuse to install or maintain any service at locations that are hadous to Company employees. If such service is furnshed, the subscriber may be required to install and maintain such service, holding the Company haress from any claims for damage by reason of the installation and maintenance of ths service. 2. Interconnection Policy Subscriber provided termnal equipment may be used and subscriber provided communication systems may be connected with the facilities furnshed by the Company for telecommuncations servces subject to terms and conditions outlined in other pars of ths Price List In case any unauthorized attchment is made, the Company shall have the right to disconnect, suspend, or termnate the servce. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 14 GENERA RULES AND REGULATIONS (Contiued) D. USE OF SERVICE AND FACILITIES (Continued) 3. Use of Subscriber Servce Subscriber telephone service is fushed only for the use by the subscriber, the subscriber's family, and associates. The Company may refuse to install or pennt such service to remain on premises of public or semi~public charcter. The equipment may be installed, at such locations provìded the service is located so it is not accessible for public use. 4. Tampering with Equipment The Company may refuse to fush telephone servce when company equipment shows any evidence of tapering for the purose of obtaining service without payment of charges applicable to the servce rendered by the Company. 5. Use of Improper Languge or Impersonation of Another The Company may refuse service to anyone who uses or pennts abusive or obscene language over Company facilities or impersonates another indivìdual with fraudulent or malicious intent. 6. Indiscrite Use of Facilties The Company may refue to fush serce or require upgrading of servces provìded to any subscriber who allows indiscriminate use of Company facilities except in case of emergencies. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 15 GENERAL RULES AND REGULATIONS (Continued) E. ESTABLISHMENT AND FURNISHING OF SERVICE 1. Application for Service Application for service must be made on the Company's standard form, which becomes a contract when accepted in writing by the Company or upon establishment of service. The conditions of such contracts are subject to all provisions of this and other applicable Price Lists. Requests for additional servce may be made verbaly, if provided in the original contract, and no advance payment wil be required. A move withn the exchange area is not considered to termnate the contract and orders for such may be made verbally. 2. Telephone Numbers The Company may change the telephone number or central offce designation of a customer whenever it is required or by mutual consent and with proper wrtten notification (30 days) 3. Alterations The subscriber agrees to notify the Company of any alterations that wil necessitate changes in the Company's wig; and the subscriber agrees to pay the Company's curent charges for such changes. The subscriber can change the inside wirig up to the demacation point. 4. Payment of Service The subscriber is required to pay all charges for servces rendered by the Company, both exchange and toll in accordance with provisions contained elsewhere in this Price List. The subscriber is responsible for all charges for servces rendered at his telephone, including collect charges. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMNICATIONS, LLC Original Sheet No. 16 GENERAL RULES AND REGULATIONS (Continued) E. ESTABLISHMENT AND FURNISHING OF SERVICE (Continued) 5. Maintenance and Repai The Company shall bear the expense of all repair and maintenance of its facilities, except where damage or destrction of its facilities is due to the gross neglect of the subscriber. The subscriber may not rearange, remove or disconnect any Company facilities without consent of the Company. 6. Line Extensions Lines wil be extended to permanent customers in accordance with the guidelines established in the Constrction Charge section. Where required by the conditions, applicants may be required to provide to the Company suitable private right-of-way parlel to the public highway. 7. Reconnection Charge Where servce has been termnated by the Company, the regular non-recurg charges shall apply for reconnection of servce. ' F. TELEPHONE DffCTORlS The Company will furnsh to its subscribers, without charge, only such directories, as it deems necessary for the effcient use of the servce. Other diectories wil be fuished at the discretion of the Company at a reasonable charge. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 17 GENERAL RULES AND REGULATIONS (Continued) G. ESTABLISHMENT OF DEPOSITS 1. Deposits No deposits are required at ths time. 2. Reserved H. MINIMUM CONTRACT PERIODS AND TERMINA nON OF SERVICE 1. Minimum Contract Periods Except as hereinafter provided, the minium contract period for all servces and facilties are one month at the same location. The Company may require a minimum contrct period longer than one month at the same location in connection with special (non-standard) tyes or arrangements of equipment, or for unusual constrction necessar to meet special demads, and involving extra cost. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 18 GENERA RULES AND REGULATIONS (Continued) H. MINIMUM CONTRACT PERIODS AND TERMINATION OF SERVICE (Contiued) 2. Termnation of Service The Company shall comply with all Comrssion Rules relating to the denial, restrction and notification processes before denyig, restrcting, or termnating a customets servce. Specifically, IDAPA 31.41.01, Rules 300 thugh 400 - Denial, Restrctions, and Termnation of Service. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 19 GENERAL RULES AND REGULATIONS (Continued) Ths page intentionally left blan Issued Date: Issued By: RED~BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 20 GENERAL RULES AND REGULATIONS (Contiued) I. PAYMENT FOR SERVICE AND FACILITIES The subscriber shall pay for service and facilities monthly in advance, except all varous units of governent, and shall pay for moves and changes when biled. Failure to receive a bil does not relieve the subscriber of the responsibility for payment in accordance with the provisions set fort herein. All bils for servce are due and payable at the office of the Company on or before the fifteenth day followig the post marked date of the statement of the month in which the bil is rendered. J. SPECIAL SERVICES AND FACILITIES Special services and facilities not ordiarly used in the furnishing of telephone service and not otherwise provided for by the Price List schedules of the Company may be furnished or leased pursuant to special contrct for such special service or facility for such period as may be agreed upon, provided such special service or facility or the use made thereof is not unawful and does not interfere with the telephone service fushed by the Company. Special services are provided for each individual application as a custom-engineered system to satisfy and provide for the needs of that customer. Applicable chages will be determed by the Company for each individual system. In the event any such special servce or facility or the use made thereof interferes with the furnishig of the telephone servce by the Company, the Company may termnate such contract and cease to furnish such special servce or facilty after thirt (30) days wrtten notice to the subscriber. K. LIAILIT OF COMPAN The included taff languge does not constitute a determation by the Commssion tht a limitation of liability imposed by the Company should be upheld in a cour of law. Acceptance for fiing by the Commssion recognizes that it is a court's responsibility to adjudicate negligence and consequential damage clais. It is also the cour's responsibility to determne the validity of the exculpatory clause. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 21 GENERAL RULES AND REGULATIONS (Continued) L. CUSTOMER NOTICE The Company wil give at least ten (10) days notice to customers and the Idaho PUC before increasing rates or other changes. The notice to customers wil be either individual notice or a public notice in the newspapers in Company's Idaho service areas. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 . . RED-BAN COMMUNICATIONS, LLC Original Sheet No. 22 NETWORK ACCESS LINE SERVICE RATES Access Lines Monthly Rate Residence (R-l) Business (B-1) Single Line Local Service $24.10 $42.00 PABXTru $56.35 CONDITIONS 1. The above rates apply to the provision of network access lines which, when connected to a suitable telephone instrment provides access to the telephone network. 2. Instrents must be provided by the subscnber, subject to the conditions descnbed in the Connection With Subscnber-Owner Equipment porton of this Pnce List. 3. Additional intrents may be attched to network access lines. The Company reserves the nght to limt the number of instrents connected to an access line if they cause interference with the normal operation of the line. 4. Tone Dial service is provided only where the facilities are available. 5. Business Rates Apply: a. At any location where activities are of a business, trade or professional natue. b. At any location where the listig of servce at that location indicates a business, trde or profession. c. Where only one network access line is provide at a location, which is both a residence and a business. d. At schools, hospitas, libraes, churches, and other similar institutions. 6. Residence Rates Apply: a. In pnvate residence where business listings are not provided and telephone service is not used for the conduct of business. b. In the place of residence of a clergyan physician, or other medical practitioner provided the subscnber does not mata an offce in the residence. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 23 NETWORK ACCESS LINE SERVICE (Continued) CONDITIONS (Contiued) 7. Extended Area Service: Extended Area Servce (EAS) will be provided between the exchanges listed below without additional charges. Exchange Area Exchange Areas included in Extended Local Callng Area Boise Eastern Idaho Albion, Burley, Rupert Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 24 SERVICE CONNECTION, MOVE AND CHANGE CHARGES RATES Service Order Line Connection Premises Visit First 30 minute increment or frction thereof Next the 15 miute increments or frction thereof All additional 15 miute increments or frctions thereof Business Residence $25.00 $25.00 $49.50 $28.50 $45.00 $45.00 $22.00 $22.00 $12.00 $12.00 CONDITIONS 1. These charges are intended to cover the expense incured by the Company in conjunction with the following: Establishment of servce; Change in location of a service to other premises; Trafer of serce from one customer to another; Change of telephone numer at customer's request; Instalation of auxiar equipment; Restoration of serce discontiued for non-payment. 2. Charges shown in ths schedule ar based on work being performed durng regularly scheduled workig hours of the Company's employees. Work pedormed with overte labor costs will be performed at diect cost to the customer. 3. No charges will apply under the following circumtances: Service to which no monthly rates apply. DEFINITIONS 1. Service Order Applicable to work done in receivig, recordig and processing information necessar to execute a customer's request for the establishment of servce. It is also applicable for customer's request for additions, moves or changes to existing servce. 2. Premises Visit Applicable if a Company emloyee must visit the customer's premises to move or change a servce drop or standard network intedace at the customer's request. Not applicable when a Company employee is on the customer's premises for any other business purpose. Issued Date: Issued By: RED-BAN COMMNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 25 SERVICE CONNECTION, MOVE AND CHANGE CHARGES (Continued) DEFIITIONS (Contiued) 3. Line Connection Applicable for work done in the Central Office or work involving Centrl Offce equipment necessar to provide a network access line or make changes to an existing network access line. If service requires work in more than one Central Offce area, ths charge applies for each offce. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 26 INTRAEXCHANGE PRIATE LINE RATES Intalation Monthly Rate Per Channel Termnation Actual Cost ICB CONDITIONS 1. The Company wil furnsh and mainta private lines, where facilities are available and within the Exchange Area, for communcation between stations not connected to the telephone network. 2. The chanel termnation rate will apply for each termation within the exchange area. Issned Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 27 DIRCTORY ASSISTANCE SERVICE RATES Per each Directory Assistace Call $0.85 CONDITIONS 1. The above charge will apply to each call to a diectory assistance operator requesting information for locations within the company. 2. The charge wil apply regardless of whether or not the operator is able to supply the requested informtion. 3. A maimum of two requests for information wil be allowed per directory assistance call. 4. Charges for Directory Assistace calls placed from customers who have a reading, physical or visual handicap and thus are unable to use the directory wil receive five (5) directory assistance calls per month free of charge. 5. hi the event a customer obtains directory assistance service through fraudulent means, in addition to any other action authorized by this Price List, the Company may assess appropriate directory assistance charges on the customer's regular telephone account. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Origial Sheet No. 28 CUSTOMER CALLING FEATURES (CCF) RATES Monthly Rates Residence Business Custom Calling Featue (CCF) Call Waiting Call Forwarding Three-Way Callng Speed Calling - 8 Numbers Speed Caling - 30 Numbers Fixed Calling/ar Line Manual Line $4.50 $2.50 $3.00 $2.00 $3.00 $1.50 $1.00 $7.00 $5.00 $5.00 $4.00 $5.00 $3.50 $2.00 Packages Package of two CCF Package of thee CCF Package offour CCF Package of five CCF 20% discount 30% discount 40% discount 50% discount 20% discount 30% discount 40% discount 50% discount CONDITIONS 1. Custom Calling Services are available only to those customers who are served from a Central Offce equipped to provide such servces. 2. From time to time the Company may offer promotional progr where the non-recurg charges may be waived. 3. When a service is programed for both Thee-way Calg and Call Waitig only one ofthe two may be activated at anyone time. 4. When a servce is progred for both Call Waitig and Call Forwarding only one of the two may be activated at anyone tie. 5. A service may be programed with any combination of the five customer calling servces. Issued Date: Issued By: RED-BAN COMMNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUICATIONS, LLC Original Sheet No. 29 CUSTOMER CALLING FEATURES (CCF) (Continued) DEFINITIONS 1. Call Waiting A distictive tone informs the telephone user that another call has been placed to their line. By briefly depressing the hookswitch, the user wil be connected to the second caller while holding the first, subsequent depressions of the hookswitch wil allow the user to alternate between callers. 2. Call Forwarding Pennts transfer of all incomig calls automatically to any dialable number. The number can be selected by the customer each time Call Forwarding is activated or the call diected to the previously selected number. If the alternate location is not a free call the customer wil be biled for each call forwarded. 3. Conference Calling (Three-Way) Pennts a telephone user to add a third par to an existing local or long distance call. It wil also permt a telephone user to consult privately with a thd part while holding the original calL. 4. Speed Calling Permts placing local and long distace calls to preselected telephone numbers by dialing an abbreviated code. To add a number to the callng list the customer uses his own telephone. 5. Fixed Calling/arm Line After dial tone is obtaed, if the caller does not commence dialing withn a predetermned lengt of time, a call wil automatically be placed to a number previously selected by the subscriber. 6. Manual Line Provides an automatic connection between a subscriber station that goes off-hook and an operator. Issued Date: Issued By: RED-BAN COMMNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 30 RATES ADVANCED CUSTOM CALLING FEATURES (ACCF) Advanced Custom Calling Featues (ACCF) Account Code Forced Anonymous Call Rejection Automatic Callback/Continuous Redial Automatic Recall Call Forward Don't Answer Call Forwarding Busy Caller il - Name and Number Caller il - Number Only Caller il - Per Call Blockig Caller il - Per Line Blockig Caller il - Per Call Unblocking Calling Line Identification Cancel Call Waiting (*70) Customer Originate Call Trace Dened Customer Origiated Call Trace Deny Originating Deny Termnating Distictive Riging/Call Waiting Access Distinctive Ringing/Customer Intercom Selective Call Acceptace Selective Call Forwarding Selective Call Rejection Usage Sensitive Call Forwarding Usage Sensitive Three-Way Calling Usage Sensitive Call Waiting User Trasfer 0+ Blocking Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 Monthly Rate Per Usage Rate Residence Business Residence Business Max $3.00 $3.00 N/C N/C $3.00 $3.00 $3.00 $3.00 $1.00 $3.00 $1.00 $3.00 $6.50 $750 $650 $7.00 N/C N/C $1.00 $1.50 N/C N/C $5.00 $5.00 N/C N/C N/C N/C $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $2.00 $2.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $1.00 $3.00 $1.00 $050 $0.50 $6.00 $1.00 $1.00 $050 $050 $050 $050 $050 $0.50 $6.00 $6.00 $6.00 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 31 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) CONDITIONS 1. Advanced Custom Calling Featues are available only to those subscribers who are served from a central offce equipped to provide such services. 2. Certin Advanced Custom Calling Featues may not be available in certain areas. 3. Caller il - Name and Number Service, Caller il - Per Call and Per Line Blockig and Anonymous Call Rejection require an additional piece of Customer Provided Equipment (CPE) to fully activate features. 4. Selective Call Forwarding, Selective Call Rejection, Selective Call Acceptance, and Call Waiting provide customers with four different options for treating inconnng calls. Each feature is capable of holding a list of up to 12 diectory options for treatig incomig calls. Each featu is capable of holding a list of up to 12 directory numbers (DNS) that should receive screening treatment. Once a customer has programed the list and tued on the featue, the switch will screen each inconnng call and direct the call to the treatment specified by the feature. 5. For those Advanced Custom Calling featues biled on a per usage basis excluding Call Trace, a maximum amount as listed above wil be biled once the per usage charges reach or exceeds the maimum. 6. From time to time, the Company may offer special promotions to its customers. These offerigs will generally consist of a reduced price, a waiver of installation chages, or a free servce with a purchase of another servce. These offerings may be limted to certn dates and locations, and will be for limited time periods. When such an offerig is made, the Commssion wil be notified and a copy of the offerig will be provided to them. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 32 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) OBLIGATION OF COMPANY 1. Linntation of Obligation with Respect to Privacy Concern The Company shall be held haress by the subscriber in cases where the subscrber's telephone number is tInsnntled via the Caller il CLASS Feature to another subscriber who subscribes to that service, and the subscriber has not blocked the transnnssion of his telephone number. 2. Obligation of the Subscriber Under no circumstaces should any subscriber to the Caller il Advanced Custom Callng Feature use telephone number delivered to hi for puroses of maketing any service, or for the sale of those numbers to any interested par. Penntted uses of the number information received though the Caller il servce include: "biling and collection, routing, screening, and completion of the originating subscrber's call or trnsaction, or for servces directly related to the originting subscriber's call or transaction." Caller il informtion can be used only to maket goods and serices to existing customers, and only to maket goods and servces to existing customers that are diectly related to those the existing customer aleady uses. Notification of ilegal procedures havig been given herein the Company shall be held haress by all paries in cases where subscriber of the Company use th inormation in an unauthorized maner, as described above. DEFINITIONS Account Code Forced - this featue prevents the use of a telephone by unauthorized individuals. A code must be dialed which is recognized by the system, thereby allowing the use of the telephone. If an invalid code is dialed, then reorder tone is returned to the subscriber. Anonymous Call Rejection - allows the subscriber to reject private number. With ths service, if the caller does not alow their number to be recognzed, they wil hear a recorded anouncement telling them "The number you have reached is not accepting calls from private numbers." To activate ths servce, dial *77 (rotar - i 177) or deactivate, dial *87 (rota - 1187). Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 33 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) DEFINITIONS (Continued) Automatic Callback. allows the subscriber to automatically retu a call to the number of the phone that last called. By dialing the access code (*66) push-button or 1166 rota, the callback featue wil automatically dial the last calling number. The feature can be deactivated by dialing (*86) push-button or 1186 rotar. (NOT CURRNTLY AVAILABLE) Automatic Recall - allows the subscriber who calls a busy number to dial an access code (*69) pushbutton or 1169 - rotar to be alerted, by way of a distinctive ring, when the number is no longer busy. When the user picks up their phone, they wil be connected automatically to the previously busy number. To deactivate the Automatic Recall feature, the user can dial (*89) on a push-button phone or 1189 on a rotar phone. (NOT CURTLY AVAILABLE) Call Forward Don't Answer - allows a subscriber to have all calls (incoming or intrgroup) forwarded to another number if the subscriber does not answer after a preset number of ringing cycles as set by the Company. The subscriber can activate the feature by dialing (*92) push-button or 1192 rota and deactivate the feature by dialing (*93) push-button or 1193. Call Forwarding Busy - allows a subscriber to have all cals (incoming or intrgroup) forwarded to a predetermned alternate number when the called number is busy. The subscriber can activate the featue by dialing (*90) push-button or 1190 rotary and deactivate the feature by dialing (*91) push-button or 1191 rotar. The alternate number can be any dialable number and can be modified only at the Central Office. If the alternate location is not a free call, the subscriber will be biled for each call diverted. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 34 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) DEFINITIONS (Continued) Caller ID - Name and Number - allows for the automatic delivery of a calling par's name and telephone number (including nonpublished and nonlisted telephone numbers) to the called customer, after the fist ring, but before the call is answered. The name and number are displayed on customer provided equipment. The name displayed shall be the name associated with the calling telephone number as shown on the Company's records. The Company, in its discretion, may abbreviate or limit that name display purposes. The Company does not assure name accuracy, and it shall not be liable to any par for errors, omissions or mistakes. The Company's sole and obligation shall be to reasonably correct errors in names when notified in wrting of such errors. The calling telephone name and number is only available in those areas where appropriate signaling network connections exist to forward the calling par's nae and number. The calling name and number is also not available when incoming calls have been hadled by an operator or chaged to credit cards. Number delivery for calls originated from a PBX wil display the mai PBX number only. If the caller's numer is a multi- par line, or is blocked, the number wil not be displayed. Caller ID information trmitted via Caller ID may not be sold or given to another par without the caller's consent. Caller ID informtion may only be used for: a) routig or completion of calls, b) billing of calls, c) account management puroses, d) serces directly related to the call or trsaction, e) verification of callig par identity and f) marketing products or servces tht are directly related to those previously acquired by the subscriber from the number delivery services subscriber. Caller ID subscribers failing to comply with any of these conditions wil have their serce teted. Caller ID - Number Ony - same as "Name and Number" except only the calling par's numer is delivered. Caller ID - Per Call (*67) Blocking - allows a subscriber to block delivery of his /her name and number when calling someone with Caller ID capabilities. The activation code for ths featue is (*67) pushbutton or 1167 rotary. This feature is provided free of chage to all subscribers receivig telephone service from suitably equipped central offices. Caller ID - Per Line Blocking - provides a perment indicator on a customer's line. Once block is established on the customer's line, the private statu can be deactivated by the customer on a per call basis. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 35 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) DEFINITIONS (Continued) Caller ID - Per Call Unblocking - allows a subscriber who has Caller ID - Per Line Blockig to unblock delivery of his/her name and number when callng someone with Caller ID capabilities. The activation code for this feature is *82 (1182 rota). This feature is provided free of charge. Calling Line Identification - provides the capabilty to identify the callng line or incomig trnk number on specified directory numbers. Cancel Call Waiting - allows the subscriber to cancel Call Waiting before or durng one telephone calL. The access code to cancel Call Waitig is (*70) push-button or i 170 rotar. Customer Originated Call Trace (COT) - allows a subscriber to have the last incomig number automatically traced. The results of the trace are not provided directly to the subscriber; they are output to the telephone company. The Company, at the subscriber request will forward the results to the police afer a case number has been assigned by the police. The access code for this feature is (*57) push~button or 1157 rota. Denied Customer Originated Call Trace - allows the subscriber to have the featue whereby no trace may be done on a per call basis. Deny Originating - allows the subscrber to receive calls but not originate any calls. Deny Termnatig - allows the subscriber to originate calls but not receive any calls. Distinctive Ringing/Call Waiting Access - allows a subscriber to receive a Call Waiting tone from a line so equipped from paries on a pre-programmed list. If the call line is idle, a Distictive Rigig signl wil be heard. If the called line is busy, the called line receives a Call Waiting tone. The access code for ths featue is (*81) push-button or 1181 rotar. Distinctive Ringig/Customer Intercom - allows for a distinctive riging on all extensions of a line for revertive calls. The subscriber lifts the receiver, dials own number and follows instrctions. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 36 ADVANCED CUSTOM CALLING FEATURES (ACCF) (Continued) DEFINITIONS (Continued) Selective Call Acceptance - allows subscribers to specify a list of numbers from which they are wiling to accept calls. Calls from numbers not contained on the list are routed to an appropriate announcement. The access code for this featue is (*84) push-button or 1184 rota, and is used to add or delete numbers form the list of acceptable calls. Selective Call Forwarding - permts the subscriber to create a list of calling numbers that are to be call forwarded. If a call is received from a Directory Number on the screenig list, the call is forwarded to the designated forward-to-number. All other calls are treated normly. The access code for this featue is (*83) push-button or 1183 rotar. Selective Call Rejection - allows the subscriber to have incoming calls from designated directory numbers rejected. Calls from the directory numbers specifed by the subscriber will not be allowed to termnate at the station. To activate or deactivate, dial *60 push button or 1160 rota. Usage Sensitive Call Forwarding - causes all calls attempting to termate to a subscrber's line to be directed to an alternate line, whether the subscriber's line is busy or idle. The featue diers from stadard Call Forwarding in that the subscriber is chaged on a usge basis rather than a flat rate basis. Usage Sensitive Three-Way Caling - alows the subscrber to add a thd par to an existig two-way connection. The subscriber flashes the hookswitch durig a normal taking connection, receives a second dial tone, and dials a thd par. The subscriber controls the conference and must rema on line for the duration of the call. Ths service is chaged on a per usage basis rather than a flat rate. Usage Sensitive Call Waitig - allows the subscriber durng a norm cal, to be informed that a thid par is calling and allows connection to the third par without dropping the initial talking connection. User Trasfer - allows the subscriber to trsfer a call to another number. The subscriber must have 3- Way Callng or Usage Sensitive 3-Way Calling. 0+ Blocking - no 0+ calls can be origiated. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 37 DIRECTORY LISTINGS RATES Monthly Rate Additional or Alternate Listing - Business Residence $1.50 $1.00 $1.00 $0.50 $0.50 $1.00 Cross Reference or Duplicate Extra Lines, per line Non-List Non-Publish CONDITIONS 1. The regulations for directory listings as provided in this section, apply only to that section of the directory containing the regular alphabetical list of names of subscribers. 2. Priary Listing 3. One listing without chage, termed the Priar Listing, is provided as follows: a. For each separate subscriber service. When two or more main station lines or PBX tr lines are consecutively operated, the first number of the group is considered the priar listing. b. Non-listed telephone numbers are listed in the informtion file, but are not listed in the Company's directory. They wil be given out upon request. c. Non published numbers are not listed either in the directory or the information file and are not to be given out to anyone unless authorized by a court oflaw. 4. Restrctions Names in directory listings shall be limited to the following: a. In connection with residence servce: i) The individual names of the subscriber, or 2) The individual name of a member of the subscriber's famly, or 3) The individual name of a permanent member of the subscriber's household, or 4) Dual Goint) listings for customers who share the same surname and reside at the same address. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 38 DIRECTORY LISTINGS (Contiued) CONDITIONS (Continued) 4. Restrctions (Continued) Names in directory listings shall be limited to the following: (Continued) b. In connection with business service: 1) The individual name of the subscriber, or 2) The name under which the subscriber is actually doing business, or 3) The name under which a business is actually being conducted by someone other than the subscriber and which the subscriber is authorized by such other to use, or 4) The individual names of the offce, parers, or employees of the subscriber, or 5) The names of deparents when such listigs are deemed necessar from a public reference viewpoint. 5. The Company may require that the subscriber provide the Company with wrtten pennssion for the inserton or continuance of listigs. The Company may refue to accept or may delete listigs of a business, which the subscriber clai to represent. The Company may refuse to accept or may delete a listing, which includes the trade name of another. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 39 AUTOMATIC DIALING AND ANNOUNCEMENT DEVICES (ADADS) An automatic dialing anouncement device (ADAD) dials telephone numbers it has been programmed to dial and plays a recorded message when a call is answered. There are two tyes of ADADs: those used for solicitation calls and those used for non-solicitation calls. RATES Monthy Rate Per Access Line Business Access Line Rate CONDITIONS 1. Certification Before any ADAD, other than one that will be used to deliver a message in response to an emergency, may be connected to the telephone network, the potential user must verify in wrting to the Company that the ADAD(s) will have the capacity to comply with the requirements of these Price List provisions and that the user will use the ADAD(s) only in compliance with these provisions. 2. Customer Obligations a. The potential user must notify the Company in wrting of the intended use of the ADAD(s). The notice shall list the calendar days and clock hour durng which the ADAD(s) wil be used and shall estimate the message attempts per hour and the average length of completed messages. b. The ADAD user (customer) must notify the Company in wrting within thirt (30) days of any changes in the ADAD operation that results in either an increase or decrease in the number of message attempts per hour and/or the average lengt of completed message. c. The use of automatic dialing and announcement devices (ADADs) that do not automatically disengage the called par's line when the called par hangs up its receiver are absolutely prohibited, except for their use in securty and alar system or other system in which the called par has previously agreed to the ADAD's call and has consented to its line being engaged in ths maer. d. ADADs are prohibited from maing unsolicited calls before 9:00 AM or after 9:00 PM. e. ADADs are prohibited from calling public safety numbers such as police, fire and emergency servces. ADADs are prohibited from calling unlisted, unpublished or inward WATS numbers. ADADs are prohibited from calling more than one number held by a given called par. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 40 CONSTRUCTION CHARGES 1. GENERA Line extensions consist of additions to plant beyond existing leads, and do not include additions to plant along existing telephone utility leads. Lirie extension charges are applied to subscriber applicants with abnormally long extension requirements to prevent uneasonably burdening the general body of existig subscribers. All line extensions wil be owned and maintained by the Company. Line extension chages set fort in ths schedule apply in connection with all tyes of servce when established by means of an extension to the Company's plan consisting of "bured wire" or pole constrction, including extensions by means of poles to be owned solely by the Company or jointly with others and by means of contacts or contact space on poles of others. The Company shall determne the tye of constrction to be used. In lieu of the charges otherwise applicable, the applicant, if he so elects, may initially clear the right of way, furnsh and set the required poles in accordace with the normal constrction stadads of the Company. In all instances the ownership of facilties shall be entirly vested in the Company. The location of line extensions are detered by the telephone company and the distaces (including drop wie) ar measurd along the route so selected. Constrction to serve two or more customers, whether on public right-of-way or private easements, may be used for serng subscrbers in general. The total extension to plan (along public roads or on private propert) to be fushed without charge shall not exceed 300 feet per application. Where the total extension exceeds 300 feet, the fre footage allowance is first computed for the private propert portion of the extension prior to computig any allowance for the constrction along public roads. In addition to the Line Extension Allowance, customers shall receive up to 300 feet of drop wire constrction without charge. However, ownership of facilty wil be retained by the Company. Contrcts, coverig periods not more th thee years of telephone service, may be required by the Company as a condition precedent to estalishment of the servce when line extensions are necessar. Such contrts will not requie advace or unusual payments in excess of those otherwise required by ths schedule, and shal not intedere with the Company's right to collect amounts as provided elsewhere in its Price List schedule. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 41 CONSTRUCTION CHARGES (Continued) 1. GENERAL (Continued) When an applicant is so located that it is necessar to use private anor public right-of-way to fuish service, and the Company is unable to obtain the required right-of-way without cost, the applicant may be required to pay the costs incured in securg the right-of-way in addition to other charges. The estimate cost of the line extensions are payable in advance. In the event of overcharge, refunds to applicants wil reflect the difference between the estimated cost and the actual cost of the line extension. In the event of undercharge, the Company shall bil the applicant for an amount not to exceed ten (10%) percent of the estimated extension costs. Any adjustments between the estimated costs advanced by the applicant and the reasonable actual cost shall be made with sixty (60) days after completion of the extension. 2. LINE EXTENSIONS RATES A. Line Extensions and Additions: Extensions and additions to plant necessar to provide telephone serce No Charge B. Line Extensions and Upgrades Outside the Base Rate Area: 1) Upgrades to plant along existing exchange or toll telephone circuits of this Utilty, including 300 feet of drop wire constrction No Charge 2) Extension to plant beyond existing exchange or toll telephone circuits of this Utility, including poles and bured wire: (a) Free Footage Allowance: The Company will constrct at its' expense a maimum of 300 feet of line extension per applicant. This free footage may be on private propert or along a private road. The Company will also constrct at its' expense a maximum of 300 feet of drop wire per applicant. However, ownership will be retained by Company.No Charge Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 42 CONSTRUCTION CHARGES (Contiued) 2. LINE EXTENSIONS (Continued) RATES (Continued) B. Line Extensions and Upgrdes Outside the Base Rate Ara: (Continued) 2) Extension to plant beyond existing exchange or toll telephone circuits of ths Utility, includig poles and bured wire: (Continued) (b) Extensions to plan and drop wire constrction exceedig free footage allowace:Actual Cost 3) For line extenions of Wlusually long lengt or high cost, the Company may also estimate the cost of providing radio telephone servce. The Company or applicant may request either lien extensions or radio telephone serice and the applicant will pay the actual cost for the chosen option in excess of the free allowance which would be provided Wlder the line extension option. C. Rights-of-Way or Easements Rights-of-way and eaements to the premses, satisfactory to the company, must be furnished without costs by the applicat on public lands and private propert. GROUP OF APPLICANTS When constrction is requird to serve a new applicant, a surey is made of all prospective subscribers who might be served frm the new constrction or an extension thereof and who might benefit by being include in the project. Free footage allowances are made only for those prospective subscribers making a wrtten application for servce. All applicants are grouped in a single project when there is no more than one-half mile of constrction between successive applicants. Separate projects are established whenever the constrction between any two successive applicants exceeds one-half mile. Two ore more projects are combined, however, whenever ths results in lower charges (or no increase in charges) for all of the applicants involved. An applicant at any premises receives only a single line extension and drop wire allowance regardless of the number of services ordered at that premses. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Uta.h 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 43 CONSTRUCTION CHARGES (Continued) 2. LIN EXTENSIONS (Continued) GROUP OF APPLICANTS (Continued) Applicants ordering service at more than one premises are treated as separate applicants at each premises for purposes of this schedule. For the purpose of detennning project charges, the collective free footage allowance for the group is subtrcted from the overall Line Extension footage required for servce. The total project cost is then divided equally among all applicants. Exceptions: A. No applicant is required to pay a higher charge than he would if the project were established for hi alone. Any difference between this charge and the average charge for the group is absorbed by the Company. B. Charges for extensions to plant on private propert (including drop wie) are assumed by applicants on whose propert such extensions are made and these charges are not included in the overall charges for the project. Likewise, the free footage allowance on private propert is not included in the collective alowance for the project. CHARGES TO SUBSEQUENT APPLICANTS When a new applicant can be served from a completed project, with thee year from the date servce was intially established for such project, the charges for the entire project are recomputed to include the new applicant. the new applicant pays a prorated amount of the line extension cliarge based on the number of month (a frction of a month is counted as a full month) remaing in the original thee-year term. The time is computed from the date service is established for the new applicant. Where additional constrction is requied for an applicant to be served from a project less than thee years old, the cost of the project is computed as above if such recomputation does not increase the charges to those customers served from the existing project. Otherwse, a new project will be established. When a project is recomputed as descrbed above, existing subscrbers wil be refuded a prorated amount of the difference between the original charges and the recomputed chares, based on the remainder of the thee-year term. Recomputation of the charges due to the addition of new applicants is made on the assumption that there have been no disconnects. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 44 CONSTRUCTION CHARGES (Continued) 2. LINE EXTENSIONS (Continued) CHARGES TO SUBSEQUENT APPLICANTS (Contiued) Where constrction on private propert is subsequently treated as being on public roads, or where a private road is dedicated to the public us, with thee year of completion or the original project, the time extension charges shall be recomputed and refuds made to the initial applicants where applicable. DISCONNECTS AN REUSE OF FACILITIES When one or more subscribers on a project disconnect within the three year term, no refund is made of the line extension charge to the disconnected subscribers. Charges to remaing subscribers are not affected by disconnects. When a subscriber disconnects servce or moves off the project and servce is established for a new applicant at the same location, any adjustment in chages is a matter for negotiation between the original subscriber and the new applicant. Where a subscriber is disconnecte for any reason and subsequently re applies for service from the same premises or another premises on the same project, the subscrber wil not be requied to pay any additional line extension charges in addtion to his tota origial obligation. 3. REAL ESTATE SUBDIVISIONS Line extensions into real estate subdivisions wil be made by the Company provided niety (90%) percent of the estited total cost of such extension is advanced to the Company by the subdivider. 4. TEMPORARY OR SPECULTI SERVICE Line extensions and/or additions to provide service to an applicant engaged in tempora or speculative business wil be made on the condition tht applicant pays to the Company the total cost of the constrction and removal of the line necessar in fushing the serice, less the salvage value of the materal used. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 45 CONSTRUCTION CHARGES (Continued) 4. TEMPORARY OR SPECULATIVE SERVICE (Continued) If a subscriber maintains for thirt-six consecutive months a service installation which was originally established on a temporar or speculative basis, and ifhis business or operation at the end of that time has proven its permency to the satisfaction of the Company, there will be refunded to the subscriber an amount equal to the difference between the payment made and the normal line extension charge which would have been applicable at the time the subscriber's service was installed. In no event shall service installation be classed as tempora or speculative for more than six year. Refund provisions apply at the end of not more than six (6) years. 5. SAVING CLAUSE Arangements may be made, other than as provided for above in this schedule, in the following cases: Where the applicant requests a paricular tye of constrction or a specific route for extensions to meet the'applicants special requirements and where the constrction or route so requested differs from the normal stadads of the Company and is not required by law. Line extensions involving underground crossings of railroads, highway or power lines, submarie cable, or along river crossings. Where constrction is required to provide servce on a seasonal basis, or to provide Foreign Exchange service, or to meet other unusua conditions. Any other line extension and/or additions involving unusual or disproportionately large constrction expenditures as compared to the usual line extension. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 46 CONNECTION WITH SUBSCRIER-OWND EQUIPMENT RATES Rate Local line access will be supplied at the rates described in the "Network Access Line Servce" section of this Price List. Service Call If a trouble report results in a servce call and the trouble is found to be in the customerprovided equipment: $40.00 per hour $0.10 per mile CONDITIONS 1. Customer provided ter equipment or communcation systems (CPE) used in conjunction with telephone service shall not interfere with any of the servce offerings of the Company, endager Company employees or the public, dage or requi the altertion of Company facilities, interfere with the proper functioning of Company facilties, or impair the operation of the telephone network. Upon notice from the Company that the CPE is causing or is liely to cause such haard or interference, the customer shall make whatever changes are necessar to correct the problem. 2. The Company shall not be responsible for the instalation, operation maintenance of any CPE. The customer shall be responsible for the payment of all Company charges for visits by the Company to the customer premises where a serce diffculty or trouble reort results from customei=rovided equipment or facilities. 3. Where CPE is connected to Company facilities, the respnsibility of the Company shal be limted to the furnshig, operation and maitenance of such facilities in a maner suitable for telephone servce. The Company shall not be responsible for the though trsmission of signals generated by the CPE or, for the quaity of, or defects in, such tranmission, or the reception of signals by CPE. 4. The Company shal not be responsible to the customer if changes in any of the facilities, operations or procedures of the Company render any CPE obsolete or requie modification or alteration of such equipment or otherwise affect its use or performance. 5. Where CPE is used with telephone servce in violation of any of these conditions, the Company wil take whatever action is necessar to protect the network and wil promptly notify the customer of the violation in wrting. The customer shall discontiue use of the equipment or correct the violation. Written confirmtion of the corrctive action taken will be supplied to the Company within ten (10) days following receipt of notice of the violation by the customer. Failure of the customer to comply with these requirements shall result in susension of the customer's servce until the customer complies with the provision of ths Price List. Issued Date: Issued By: RED-BAN COMMNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMUNICATIONS, LLC Original Sheet No. 47 TRUNK HUNTING SERVICE ARNGEMENTS RATES Monthly Rate Hunting Service per line or Tru is a group so aranged $7.50 CONDITIONS 1. Trunk hunting servce arangement is equipment located in the Telephone Company's central office aranged to select the next available line of a customer's group of hunting lines, when the line associated with the called number of the customer is busy. 2. When a customer requests that specific sequential numbers be reserved for his future use with additional lines, there will be a monthly charge of 1/3 business access line rate. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 RED-BAN COMMNICATIONS, LLC Original Sheet No. 48 LONG DISTANCE MESSAGE RESTRICTION-LOCAL EXCHANGE SERVICE . RATES Monthy Rate Long Distance Message Restrction Residence Business $1.00 $1.00 CONDITIONS 1. Long Distance Message Restrction - Local Exchange Service is an argement that pennts Local Exchange Service line users to dial local service area calls but prevents the origination oflong distance calls. 2. Long Distance Message Restrction - Local Exchage Service is provided for use only on individual network access line service and only where the customer has other network access line service on the same premises aranged for unestrcted use of the telecommunications network. 3. The acceptance of collect call messages is not restrcted by this argement. Issued Date: Issued By: RED-BAN COMMUNICATIONS, LLC 500 West 8360 South Sandy, Utah 84070 Red-Ban Communcations Balance Sheet July 31, 2005 ASSETS Curent Assets Cash on Hand Notes Receivable-FutueVision $121,065.84 (1,000.00) Total Curent Assets 120,065.84 Propert and Equipment Total Propert and Equipment 0.00 Other Assets Star up costs (196,260.29) Total Oter Assets Total Assets $ (196,260.29) (76,194.45) LIABILITIES AND CAPITAL Curent liabiliies Federal Payroll Taxes Payable State Payroll Taxes Payable $3,071.42 410.70 Total Cuent Liabilities 3,482.12 Long-Term liabilties Note Payable - BBC Management (196,260.29) Total Long-Term Liabilties ( 196,260.29) (192,778.17)Tota liabilties Capita Redman Wireless - Equity FVT Communcation - Equity Net Income 100,000.00 100,000.00 (83,416.28) Total Capital 116,583.72 Total Liabilties & Capital $(76,194.45) Unaudited - For Mangement Puroses Only Page: 2 Red-Ban Commcations Income Statement For the Seven Months Ending July 31, 2005 Curent Month Year to Date Management Fees Expense 0.00 0.00 0.00 0.00 Marketig Expense 2,500.00 12.94 10,650.00 26.92 Meals and Entertainment Exp 0.00 0.00 0.00 0.00 Miscellaneous Expense 0.00 0.00 0.00 0.00 Miscellaneous Expense - resale 0.00 0.00 0.00 0.00 Offce Expense 3,629.96 18.79 5,103.34 12.90 Outsource Scang Services 0.00 0.00 0.00 0.00 Other Taxes 0.00 0.00 0.00 0.00 Payroll Tax Exp 243.19 1.26 1,387.41 3.51 Printing Offite Expense 0.00 0.00 0.00 0.00 Persona Propert Expense 0.00 0.00 0.00 0.00 Postage Expense 0.00 0.00 0.00 0.00 Programg Expense 0.00 0.00 0.00 0.00 Promotions Expense 0.00 0.00 0.00 0.00 Proper Tax Expense 0.00 0.00 0.00 0.00 Rent Expense 0.00 0.00 0.00 0.00 Salaries Expense 0.00 0.00 0.00 0.00 Service Agreement Expense 0.00 0.00 0.00 0.00 Shipping Expense 0.00 0.00 0.00 0.00 Shreddig Expense 0.00 0.00 0.00 0.00 Supplies Expense 18,699.50 96.81 56,424.95 142.64 Supplies - CDs 0.00 0.00 0.00 0.00 Supplies - Labels 0.00 0.00 0.00 0.00 Supplies - Offce 0.00 0.00 0.00 0.00 Printig/Copyig Expense 0.00 0.00 0.00 0.00 Techncal Support Expense 0.00 0.00 0.00 0.00 Telephone Expense 61.07 0.32 429.50 1.09 Travel Expense 212.12 1.0 1,262.12 3.19 Utilties Expense 0.00 0.00 0.00 0.00 Wages Expense 3,168.00 16.40 16,709.00 42.24 Other Expense 0.00 0.00 0.00 0.00 Purchase Disc- Expense !tems 0.00 0.00 0.00 0.00 Total Expenses 45,972.95 238.Q 122,975.20 310.87 Net Income $(26,657.13 )(138.01)$(83,416.28)(210.87) For Management Puroses Only Exhibit B Original Order No. 29899 RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 -..._-_.------------------- Office of the Secretary Service Date October 26, 2005 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) RED-BAN COMMUNICATIONS, LLC FOR A ) CERTIFICATE OF PUBLIC CONVENIENCE ) AND NECESSITY TO PROVIDE LOCAL ) EXCHANGE SERVICES WITmN THE STATE ) OF IDAHO. ) CASE NO. RDB-T-05-l ORDER NO. 29899 On August 15, 2005, Red-Ban Communications, LLC fied an Application for a Certficate of Public Convenience and Necessity to provide facilties-based local exchange and resold interexchange services within the State of Idaho and specifically within the Qwest local exchanges. On September 27, 2005, the Commission issued a Notice of Application and Modified Procedure to process Red-Ban's Application. Written comments were fied only by Commission Staff durg the comment period. In this Order the Commission approves Red- Ban's Application for a Certificate of Public Convenience and Necessity. Red-Ban is a Utah company with its principal offce located in Sandy, Utah. Red- Ban is authorized to transact business within Idaho and has obtained a registered agent for service in the state. Red-Ban intends to provide local exchange and interexchange servces to residential and business customers, including local exchage service and voice over Internet protocol and other information services. The Company states it does not intend to collect advance payments or deposits and requests a waiver of an escrow account requirement.' Staff confrmed that Red-Ban's Application provides the necessary information to obtain a Certificate of Public Convenience and Necessity, and that the Company understads and agrees to comply with the Commission rules and requirements as applicable. Staff recommended that the Commssion approve Red-Ban's Application for a CPCN, including the Company's request for a waiver of an escrow account requirement. COMMISSION FININGS Based on our review of the record, including Staff s recommendation, we find that the Application of Red-Ban complies with Procedural Order No. 26665 and the Commission's Rules to obtain a Certificate of Public Convenience and Necessity. We therefore approve Red- Ban's Application for a Certificate to provide facilities-based local exchange and resold interexchange services within the State of Idaho. Because Red-Ban wil not require advance ORDER NO. 29899 1 payments or deposits, the Commission finds it reasonable to waive any requirements to maintain an escrow account ORDER IT is HEREBY ORDERED that Red-Ban Communications, LLC is granted a Certificate of Public Convenience and Necessity to provide local telecommunications services within the State ofIdaho. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;i~ day of October 2005. ~M~§~~~NER ATTEST: ~&~J D. Jewell C mission Secretary O:RDB-T-05-01_ws ORDER NO. 29899 2 Exhibit C Original Certifcate of Public Convenience and Necessity RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) RED-BAN COMMUNICATIONS, LLC FOR A ) CERTIFICATE OF PUBLIC CONVNIENCE ) AND NECESSITY TO PROVIDE LOCAL ) EXCHANGE SERVICES WITHIN THE STATE ) OF IDAHO. ) CASE NO. RDB-T-05-1 CERTIFICATE NO. 452 IT is HEREBY CERTIFIED that this Certificate of Public Convenience and Necessity, Certificate No. 452, is issued to Red-Ban Communications~ LLC. This Certifcate authorizes Red-Ban to provide local exchange and interexchange services within the State of Idaho. The Commission approved Red-Ban's Certificate by Order No. 29899 issued October 26~ 2005, and authorized Red-Ban to provide telecommunications services in the State of Idaho. This Certificate is predicated upon and is issued pursuat to the findings of the Commission in Order No. 29899. DATED at Boise, Idaho this ;Lt¡~ day of October 2005. ~ J~'l1 MARSHA H. SMITH~ COMMiSSIOÑÎR ATTEST: fÈfJ.~j;ñ.Jewell Co ission Secreta bls/O:RDB-T-05-01_Cert 452 JO Exhibit D Certifcate of Assumed Business Name RED-BAN COMMUNICATIONS, LLC'S PETITION TO AMEND FINAL ORDER NO. 29899 CERTIFICATE OF ASSUMED BUSINESS NAME Pursuánt to section 53-504, Idaho Code, the undersigned submits fo filing a certficae of Assumed Business Name. Please type or print legibly. NOTE: Se instrctions on reerse before filing. FILED EFFECTIVE 09 JUL 20 AK9:59 SECRETABY OF STAr¡ STATE OF IDAH 1. The assume busines name which th underigne use(s) in th trnsactio of busines is:Ne 2. Th tr name(s) and busines addreees) of the enti or indivual(s) doing business under the assume busine name: Name Red-Bn Comunicas, LLC (w ~(oã;i ), Com Addres 225 We Nort St Alon 10 8311 3. The general ty of busines transaed under th assumed buins name is: o Retil Trade It Transpotin and Public Utlit o Wholesale Trade 0 Constrion o Services 0 Agñcultre o Manufactring 0 Mining o Finance, Insuranc, and Real Est 4. The name and addres to which future corrpondence should be adresd: Submit cee of Assumed Business Nam an $26.00 fe to: Neho PO Bo 98 Aln. 10 83311 Ida Sscety of St 45 N 4C StP08o8372Bose io 83720 (20) :J231 5. Name and address fo this aCknownt copy is (i 0I lhn. 4 ab):sa Sø of....on Signature: Printe Name: ~ 0D Redman Capacitrit:Prt ! i_ SE IF SlTE87/28/2..9 8SI!!til !977 eta 2R1 8li Un..1125... es. 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