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HomeMy WebLinkAbout20200430Petition.pdf 601 W. Bannock Street PO Box 2720 Boise, ID 83701 Telephone: 208-388-1200 Facsimile: 208-388-1300 www.givenspursley.com Gary G. Allen Charlie S. Baser Christopher J. Beeson Jason J. Blakley Clint R. Bolinder Jeff W. Bower Preston N. Carter Jeremy C. Chou Michael C. Creamer Amber N. Dina Bradley J. Dixon Thomas E. Dvorak Debora Kristensen Grasham Donald Z. Gray Alex J. Gross Brian J. Holleran Kersti H. Kennedy Neal A. Koskella Michael P. Lawrence Franklin G. Lee David R. Lombardi Kimberly D. Maloney Kenneth R. McClure Kelly Greene McConnell Alex P. McLaughlin Melodie A. McQuade Christopher H. Meyer L. Edward Miller Judson B. Montgomery Deborah E. Nelson W. Hugh O’Riordan, LL.M. Samuel F. Parry Randall A. Peterman Jack W. Relf Michael O. Roe Jamie Caplan Smith Robert B. White William C. Cole (Of Counsel) Kenneth L. Pursley (1940-2015) James A. McClure (1924-2011) Raymond D. Givens (1917-2008) MICHAEL C. CREAMER DIRECT DIAL: (208) 388-1247 EMAIL: MCC@givenspursley.com April 30, 2020 Via E-MAIL Diane Hanian, Secretary Idaho Public Utilities Commission 472 W. Washington Street Boise, Idaho 83720 diane.hanian@puc.idaho.gov Re: Case Nos. RUR-T-20-01 In the Matter of Rural Telephone Company’s Petition for Approval of Long Distance Telecommunications Services Price List. Dear Ms. Hanian: Transmitted with this cover letter for filing on behalf of Rural Telephone Company dba RTI are searchable PDFs of the following documents: 1. Petition for Approval of Long Distance Telecommunications Services Price List; 2. Affidavit of Mark Martell; and 3. Long Distance Telecommunications Services Price List Should you have any questions, please do not hesitate to contact me. Sincerely, Michael C. Creamer MCC Enclosures 15111788_1.docx RECEIVED 2020 April 30,AM11:55 IDAHO PUBLIC UTILITIES COMMISSION NEW CASE April 30, 2020 Page 2 cc: Mark Martell, RTI (mark@rtci.net) RJ DelMese, Moss Adams (RJ.DelMese@mossadams.com) Jaye Rishard, Moss Adams (Jaye.Rishard@mossadams.com) PETITION - - 1 Michael C. Creamer, ISB #4030 GIVENS PURSLEY LLP 601 W. Bannock St. P.O. Box 2720 Boise, Idaho 83701-2720 Telephone: 208-388-1200 Facsimile: 208-388-1300 mcc@givenspursley.com Attorneys for Petitioner Rural Telephone Company dba RTI BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF RURAL TELEPHONE COMPANY’S PETITION FOR APPROVAL OF LONG DISTANCE TELECOMMUNICATIONS SERVICES PRICE LIST Case No. RUR-T-20-01 PETITION I. REQUEST FOR APPROVAL Rural Telephone Company dba RTI (“RTI”), through its undersigned counsel of record, Givens Pursley LLP, and pursuant to Idaho Code §§ 62-606, 61-305 and 61-314 and Commission Rules of Procedure 101-110 submits this Petition for Approval of Long Distance Services Price List (“Petition”) in the above-captioned docket. RTI intends to begin offering its customers resold intra-state and other long distance services on the rates, terms and conditions contained in RTI’s Price List filed with the Commission contemporaneously with this Petition. These are new Title 62 services that will be offered by RTI in response to numerous requests from is existing local exchange customers. This Petition is supported by the Affidavit of Mark Martell, General Manager of RTI. RECEIVED 2020 April 30,AM11:55 IDAHO PUBLIC UTILITIES COMMISSION PETITION - - 2 RTI submits that these services will not affect the quality or cost of Title 61 services currently being offered by RTI to its customers under its approved local exchange services tariff on file with the Commission. RTI further submits that it will account all revenues, expenses and net revenues attributable to its long-distance services to separate accounts apart from revenues and expenses attributable to its regulated services per the Uniform System of Accounts for Telecommunications Companies, 47 CFR Part 32.7990. RTI requests an effective date for its Price List of June 1, 2020. RTI will provide access to its long distance services and approved price list in its Glenns Ferry business office and on its website at http://www.rtci.net/services/idaho/phone. RTI respectfully requests that the Commission issue a notice of the filing of this Petition and RTI’s Price List, and as appropriate, issue a declaratory order approving same. II. COMMUNICATIONS AND SERVICE OF PLEADINGS Communications and service of notices, comments, pleadings and other documents in this matter should be sent to the following: Mr. Mark Martell RTI 892 W Madison Ave. Glenns Ferry, ID 83623 mark@rtci.net Michael C. Creamer Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 P.O. Box 2720-83701 mcc@givenspursley.com PETITION - - 3 I. REQUEST FOR MODIFIED PROCEDURE RTI believes that a hearing is not necessary to consider the requested price list approval. SUEZ therefore respectfully requests that this matter proceed under Modified Procedure pursuant to Commission Rules of Procedure 201-204. II. REQUEST FOR RELIEF For the reasons set forth above and in its supporting testimony, RTI respectfully requests this Commission to issue an Order: 1. Approving RTI’s Long Distance Telecommunications Services Price List with an effective date of June 1, 2020; and 2. Providing such other relief as may be appropriate under the circumstances. Respectfully submitted this 30th day of April, 2020. Rural Telephone Company dba RTI. By: /s/ Michael C. Creamer Michael C. Creamer Givens Pursley LLP Attorneys for Petitioner Rural Telephone Company dba RTI Idaho Price List Original Title Page Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No: RUR-T-20-01 Rural Telephone Company dba RTI Long Distance Telecommunications Price List Toll-Free Telephone Number 1.888.366.7241 Idaho Public Utilities Commission 472 W. Washington Street 1.800.432.0369 This price list contains the domestic calling rates, terms and conditions applicable to the sale of long distance telecommunications services provided by Rural Telephone Company dba RTI within the State of Idaho. These services are provided to both business and residence customers unless otherwise indicated. Rural Telephone Company dba RTI Idaho Price List Original Table of Contents Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No.: RUR-T-20-01 Table of Contents Page 1. Definitions, Terms and Abbreviations .................................................................................................... 1 2. General Rules and Regulations ............................................................................................................... 1 2.1 Undertaking of Rural Telephone Company dba RTI .................................................................. 1 2.2 Limitations .................................................................................................................................. 2 2.3 Use .............................................................................................................................................. 2 2.4 Payment for Service .................................................................................................................... 3 2.5 Taxes ........................................................................................................................................... 3 2.6 Regulatory Fees or Surcharges .................................................................................................... 3 2.7 Cancellation ................................................................................................................................. 3 2.8 Other Rules .................................................................................................................................. 4 2.9 Timing of Calls ........................................................................................................................... 5 3. Description of Domestic Services Offered and Rates ............................................................................. 5 3.1 Usage Rate .................................................................................................................................. 5 3.2 Monthly Plan ............................................................................................................................... 5 3.3 Unlimited Calling Plan ................................................................................................................ 5 3.4 Toll Free Number Service ........................................................................................................... 6 3.5 Directory Assistance ................................................................................................................... 6 3.6 Promotional and Bundled Offerings ............................................................................................ 6 Rural Telephone Company dba RTI Idaho Price List Original Page 1 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No.: RUR-T-20-01 1. Definitions, Terms and Abbreviations Company - - Whenever used in this price list, Company refers to Rural Telephone Company dba RTI unless otherwise specified or clearly indicated by the context. Customer - The person, firm, corporation or governmental unit which orders service and responsible for the payment of charges and for compliance with the Company price list regulations. The term customer also includes an entity that remains presubscribed to the Company service after its account(s) is removed from the Company’s billing system, subsequently continues to use the Company’s network, and is billed by a local exchange carrier for such use, or otherwise uses service for which no other customer is obligated to compensate Company. Toll Free Service --_ Toll free service includes 800 and 888 series numbers as well as any other future toll free series numbers. 2. General Rules and Regulations 2.1 Undertaking of Rural Telephone Company dba RTI Rural Telephone Company dba RTI, services are furnished for domestic calling within Idaho and calling to the lower 48 states made within the state of Idaho. Rural Telephone Company dba RTI, installs, operates and maintains the communications services provided herein in accordance with the terms and conditions set forth in this price list. The Company’s services are provided on a monthly basis unless otherwise provided, and are available twenty-four hours per day, seven days per week. Rural Telephone Company dba RTI Idaho Price List Original Page 2 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No: RUR-T-20-01 2.2 Limitations 2.2.1 Services are offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this price list. 2.2.2 Rural Telephone Company dba RTI, reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the customer is using service in violation of provisions of the price list, or in violation of the law. 2.2.3 The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. 2.2.4 All services provided under this price list are directly or indirectly controlled by Rural Telephone Company dba RTI. The customer may not transfer or assign the use of service or facilities without the express written consent of the Company. Such transfer or assignment shall only apply when there is no interruption of the use or location of the service or facilities. 2.2.5 Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this price list shall apply to all permitted assignees or transferees, as well as all conditions of service. 2.2.6 The included price list 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. 2.3 Use Services provided under this price list may be used for any lawful purpose for which the service is technically suited. Rural Telephone Company dba RTI Idaho Price List Original Page 3 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No: RUR-T-20-01 2.4 Payment for Service All charges due by the customer are payable to Rural Telephone Company dba RTI, or any agency duly authorized to receive such payments. Any objections to billed charges must be reported to the Company within fifteen (15) days of the invoice date. Adjustments to the customer’s bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate. Once service is activated, the customer is liable for the payment of all usage charges for services to be provided by the Company to the customer including any fraudulent use, misuse, or abuse of the customer’s service or customer-provided equipment by third parties, the customer’s employees, or the public. This includes payment for calls or services that originate at the customer’s number(s), are accepted at the customer’s number(s) (e.g. collect calls), and/or billed to the customer number(s) via third number billing. Rural Telephone Company dba RTI will not require deposits of its customers but does reserve the right to discontinue services upon notice as allowed under Commission rule and identified below in this price list. Payments are due on or before the fifteenth day following the post marked date of the statement of the month rendered. 2.5 Taxes All state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates. 2.6 Regulatory Fees or Surcharges All State and Federal Commission ordered rates, fees, and surcharges such as the Idaho Universal Service Fund Surcharge and the Telecommunications Relay Service Surcharge may be listed as separate line items and are not included in the quoted rates. 2.7 Cancellation 2.7.1 For any of the following reasons, the Company may, unless otherwise required by law, discontinue service upon at least 5 days’ written notice or cancel an application for all services without incurring any liability. Separate accounts for the same customer are also subject to this provision. 2.7.1.1 In the event that a customer’s bill remains unpaid after more than thirty days following rendition of the bill. Rural Telephone Company dba RTI Idaho Price List Original Page 4 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No: RUR-T-20-01 2.7.1.2 In the event of a violation of any regulation governing the service under this price list, when necessitated by conditions beyond the Company’s control, a violation of any law, rule, or regulation of any government authority having jurisdiction over the service. 2.7.1.3 Where the Company is prohibited from furnishing services by order of a court or other government authority having jurisdiction. 2.7.2 The Company, by written notice to the customer, may, without incurring any liability, cancel or suspend the provision of service or equipment for the following reasons: non-payment of any sum due to the Company from the customer, whether pursuant to service offered under this price list or otherwise; or as a result of actions of a government agency which forces discontinuance of the provision of service or equipment; or for violation or threatened violation of any of the terms or conditions of this price list by the customer or authorized user; or if the customer becomes insolvent or bankrupt, or makes a general assignment for the benefit of creditors or as otherwise permitted by this price list. Cancellation will be effective on the date specified on the written notice. A reasonable attempt will be made within twenty-four (24) hours after the ten (10) day cancellation notice period to personally contact the customer. 2.7.3 Service may be canceled by the customer at any time verbally, by e-mail or in writing. In the event the Company is unable to disconnect the customer’s long distance by the requested cancellation date, the customer will be responsible for any usage over the access line. Customer cancellation of service implies that they are selecting another preferred provider or choosing not to have a long distance provider (No-PlC). In the event the customer selects a new preferred provider it is their responsibility to make the needed arrangements with the new provider to ensure that they receive the desired calling plan rates. 2.7.4 The Company will pay the Presubscribed lnterexchange Carrier (PIC) change charge on behalf of the customer to switch carriers and subscribe to the Company's service. 2.8 Other Rules The Company reserves the right to discontinue service, limit service, or to impose requirements on customers as required to meet changing regulatory rules and standards of the Idaho Public Utilities Commission. Rural Telephone Company dba RTI Idaho Price List Original Page 5 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No: RUR-T-20-01 2.9 Timing of Calls 2.9.1 Billable time for service is the duration of time between the called station answering and the called or calling station disconnecting, provided duration may be rounded in accordance with specific descriptions in this price list. 2.9.2 The duration of a call is rated in intervals of the billing increments described for each service provided in this price list. If the final interval of a call is less than the applicable billing increment, it will be rounded up to a full increment for purposes of billing. 2.9.3 Computed usage charges or credits for each call are rounded to the nearest cent when possible. 3. Description of Domestic Services Offered and Rates 3.1 Usage Rate 3.1.1 Plan A is a per minute rate offered without a monthly plan and billed for each direct dialed long distance call based on the first minute and then billed in six second increments thereafter at $0.10 per minute. 3.2 Monthly Plan 3.2.1 The monthly plan, billed per account; offers one flat usage rate per minute of use, which is a non-distance sensitive and non-time of day sensitive for all the customer's direct dialed calls for that billing period. The monthly recurring rate is $4.95. 3.2.2 Usage Charges are billed for each call based on the first minute and then in six second increments thereafter at $0.07 per minute. 3.3 Unlimited Calling Plan 3.3.1 This monthly plan is offered to residential customers only. This is a non-distance sensitive and non-time of day sensitive plan for all their direct dialed calls for that billing period. The monthly recurring rate is $19.95. 3.3.2 This plan is not intended to be used for high volume data transfers or dial up Internet. If it is determined that the plan is used for high volume data transfers or dial up Internet, the customer will be notified and the plan will be discontinued. Rural Telephone Company dba RTI Idaho Price List Original Page 6 Issued Date: April 30, 2020 Effective Date: June 1, 2020 Issued by: James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 Case No.: RUR-T-20-01 3.4 Toll Free Number Service 3.4.1 Toll Free Number Service terminates on a local access line provided by the Company. The service provides for direct dialed calls via the public switched network. Toll Free Number Service allows callers who dial a toll-free number that begin with one of the following three-digit codes (800 or 888) to reach the customer without incurring a usage charge. The customer pays for the call. The monthly recurring rate is $2.00 and $0.15 per minute billed in six second increments. 3.4.2 The customer must obtain an adequate number of access lines to handle the customer’s expected demand in order to prevent interference or impairment of this service. The Company may terminate or refuse this service, without incurring any liability and without notice to the customer, if the use of the service would interfere with or impair any service rendered by the Company. 3.4.3 This service does not grant ownership interest or proprietary right in any particular 800 number. 3.5 Directory Assistance 3.5.1 Directory Assistance is available to customers of the Company's switched services. Each directory assistance call is $0.85. 3.5.2 The charge will apply regardless of whether or not the operator is able to supply the requested information. 3.5.3 The maximum of two requests for information will be allowed per directory assistance call. 3.5.4 No credit allowances are given unless the customer receives an incorrect telephone number. 3.6 Promotional and Bundled Offering 3.6.1 Certain promotional and bundled offerings may be provided from time to time. These offerings may apply to certain Idaho services and may be limited to certain dates, times, and locations. The Company will post all current promotional and bundled offerings on its website at: http://www.rtci.net