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HomeMy WebLinkAbout20200430Application.pdfGtvBNs PunSLEY,,,, Gory G. Allen Chorlie S. BoPr Chrislopher J. Beesn Joson J. Blokley Clinl R. Bolinder Jetf W. Bower Preslon N. Corler Jeremy C. Chou MlchclC. Creorer Amber N. Dino Erodley J. Oixon Ihomos E. Dvtrok Deboro KfulenFn Groshom Donold Z. Groy Alex J. Gros &irn J. Holleron Kersti H. Kennedy Neol A. Koskello Michoel P. Lowrence konklin G. Lee Dovid R. Lombordi Kimberly D. Moloney Kenneth R. McClure Kelly Greene Mcconnell Alex P. McLoughlin Melodie A. Mcouode Chrislopher H. Meyer L. Edword Miller Judsn B. Monlgomery Deboroh E. Nelson W. Hugh O'Riordon. LL.M. Somuel F. Porry RECEIVED 2020 April30lMll:55 IDAHO PUBLIC UTILITIES COMMISSION RondoI A. Petemon Jock w. Rell Michoel O. Roe Jomie Coplon Smilh Robert B. White Williom C. Cole (Of Counsel) Kenneth L. Pursley (t91e2ol5) Jomes A. Mcclure ltr2+2ol ll Roymond D. Givens (tfl7-2oo8l Attorneys and Counselors at Law 601 W. Bonnock Streel PO Box272o Boise, lD 83701 Tebphone:20&38&1200 Focsimile: 20&38&1300 www.givenspursley.com MICHAEL C. CREAMER DTRECT D|AL: (208) 38&1247 EMAIL: MCC@givenspu6ley.com April30,2020 Wa E-MAIL Diane Hanian, Secretary Idaho Public Utilities Commission 47 2 W . Washington Street Boise,Idaho 83720 di ane. hani an(d.puc. idaho. go v Re:Case Nos. RUR-T-20-01 In the Mafter 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, MCC Enclosures l5l I 1788 l.docx Michael C. Creamer April30,2020 Page2 cc:Mark lvlartell, RTI (pqe*@xtci.net) RI DeMese, Moss Adams (RJ.DeMese@mossadaurs.com) JayeRishad MossAdams RECEIVED 2020 April30lMll:55 IDAHO PUBLIC UTILITIES COMMISSIONMichaelC. Creamer, ISB #4030 GIVENS PURSLEY LLP 601 W. Bannock St. P.O. Box2720 Boise, ldaho 83701-2720 Telephone: 208-388-1200 Facsimile: 208-388-1 300 mcc@qivensou rslev.com Aftorneysfor Petitioner RuralTelephone Company dba RTI BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF RURAL TELEPHONE COMPANY'S PETITION FOR APPROVAL OF LONG DISTANCE TELECOMMUN ICATIONS SERVICES PRICE LIST Case No. RUR-T-20-01 PETITION I. REQUEST FOR APPROVAL Rura! Telephone Company dba RTI ('RTl'), through its undersigned counselof record, Givens Pursley LLP, and pursuant to ldaho Code SS 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. RT! 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. PETITION .. 1 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 longdistance 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 ?t htto://www.rtci.neUservices/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, lD 83623 mark@rtci.net Michael C. Creamer Givens Pursley LLP 601 W. Bannock St. Boise, lD 83702 P.O. Box 2720-83701 mcc@qivensou rslev. com PETITION .. 2 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 RTl. By:/s/ Michael C. Creamer Michael C. Creamer Givens Pursley LLP Attorneys for Petitioner PETITION - - 3 Michael C. Creamer,ISB #4030 GTVENS PURSLEY LLP 601 W. Bannock St. P,O.Box2720 Boise, Idaho 83701-2720 Telephone: 208-388-1200 Facsimile: 208-388- I 300 mcc@ givenspursley.com Attorneysfor Petitioner Rural Telephone Company dba RTI BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF RURAL TELEPHONE COMPAIYY'S PETITION X'OR APPROVAL OF LONG DISTAI\CE TELECOMMUI\[ICATIONS SERYICES PRICE LIST Case No. RUR-T-20-01 AFFIDAYIT OX' MARK MARTELL STATE OF rDAHO ) )ss. County of Elmore ) Mark Martell, being first duly sworn on oath, deposes and states as follows: l. I am over the age of l8 and hereby make this affrdavit based upon my personal knowledge and experience. 2. I am the General Manager of Rural Telephone Company dba RTI (*RTI') and have knowledge of RTI's operations. 3. RTI intends to begin offering its customers resold intra-state long distance seruices (the "Services") on the rates, terms, and conditions contained in RTI's Price List (the "Price List") filed with the Commission and, contemporaneously with this Afiidavit, is submitting a Petition for Approval of Long Distance Services Price List ("Petition") in the AFFIDAVIT OF MARK MARTELL- I above-captioned docket pursuant to Idaho Code $$ 62-606,61-305 and 6l-314 and Commission Rules of Procedure I 0l - I 10. 4. The Services are new Title 62 services being offered by RTI. 5. RTI is initiation the Services in response to numerous customer requests. Providing the 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. 6. RTI will account all revenues, expenses, and net revenues attributable to its long- distance services to separate accounts apart fi'om revenues and expenses attributable to its regulated se1ices per the Uniform System of Accounts for Telecommunications Companies, 47 CFR Part 32.7990. 7. RTI requests an effective date of June 1,2020 for its Price List, so as to coincide with RTI's next billing cycle. 8. RTI will provide customer access to its Price List at its Glenns Feuy business offrce and on its website at http ://www.rtci. net/serv ices/idaho/phole. Dated: Apri,l 282020 I Mark Martell SUBSCRIBED AND SWORN to before me Notary Public Idaho Residing 'hx of April,2020 Til THERESA A{ WILSON Not!ry Publlc'Strte of ldaho Commlsslon Number 37959 ,*y Commlt3lon ExPlrar Jut 28,2022 AFFTDAVTT oF MeRr M.c,nrguu- 2 My Commission Expires Rural Telephone Coryanydba RTI Idaho Price List Original Title Page Rural Telephone Coryany dba RTI Long Distance Telecorrrmunications Price List Toll-Free Telephone Number 1.888.36.7241 Idaho Public Utilities Commiesion 472W. Washington Steet 1.800.432.0369 This price list conains the domestic calling rates, terms and conrditions applicable to the sale of long distance telecommunications services provided by Rural Telephone Coryany dba RTI within the State of Idaho. These services are provided to both btrsiness and residence custom€rs rmlcss otherwise indicated. Issued Date: Issued by: April30,2020 James Martell, President Rural Telephone Coryany dba RTI 829 W. MadisonAvenue Glenns Ferry, ID 83623 CaseNo: RUR-T-2G01 Effective Date: Jure L,2020 Rural Telephone Conpany dba RTI Idaho Price List Original Table of Contents Table of Contents Page l. Definitions, Terms and Abbreviations 2. General Rules and Regulations2.1 Undertaking of Rural Telephone Coryany dba RTI 2.2 Limitations 2.4 Payment for Service2.5 Taxes2.6 Regulatory Fees or Surcharges...2.7 Cancellation2.8 Other Rules..2.9 Timing of Calls 3. Description of Domestic Services Offered and Rates 3.1 Usage Rate3.2 MonthlyPlan3.3 Unlimited Calling P1an............. 3.4 Toll Free Number Service........3.5 DirectoryAssistance3.6 Promotional and Bundled Offerings..... Issued Date: Issued by: April30, 2020 James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 I I I 2 2 J 3 J 3 4 5 5 5 5 5 6 6 6 CaseNo.: RUR-T-20-01 Effective Date: June 1,2020 Rural Telephone Company dba RTI Idaho Price List Original Page I 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, firnl corporation or govemmental unit which orden service and responsible for the pa)4nent of charges and for compliance with the Company price list regulations. The term customer also includes an entity that remains presubscribed to the Cornpany service after its account(s) is removed from the Company's billing systern, 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 Rezulations 2.1 Undertaking of Rural Telephone Company dba RTI Rural Telephone Company dba RT[ services are fumished 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 othenvise provided, and are available twenty-four hours per day, seven days per week. Issued Date: Issued by: April30, 2020 Effective Date: June 1,2020 James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, tD 83623 Case No.: RUR-T-20-01 Rural Telephone Company dba RTI Idaho Price List Original Page2 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 tansmission or for failure to establish connections. 2.2.4 All services provided under this price list are directly or indirectly contolled by Rural Telephone Company dba RTI. The customer may not tansfer or assign the use of service or facilities without the express written consent of the Company. Such fiansfer or assignment shall only apply when there is no intemrption 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 fiansfer. All regulations and conditions contained in this price list shall apply to all permitted assigrees or tansferees, 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. Issued Date: Issued by: April30,2020 Effective Date: June 1,2020 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 Idaho Price List Original Page 3 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) dap of the invoice date. Adjustnents to the customer's bills shall be made to the extent that cfucunstances exist which reasonably indicate that such changes are appropriate. Once service is activated, the customer is liable for the payn,ent 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 numbe(s), are accepted at the customer's numbe(s) (e.g. collect calls), and/or billed to the customer numbe(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 .l.l In the event that a customer's bill remains unpaid after more than thirty days following rendition of the bill. Issued Date: Issued by: April30, 2020 Effective Date: June 1,2020 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 Idaho Price List Original Page4 2.7.1.2 In the event of a violation of any regulation governing the service under this price lisl when necessitated by conditions beyond the Company's contol, 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 fumishing services by order of a court or other govemment authority having jurisdiction. ,,1.,The Company, by written notice to the customer, may, without incuning any liability, cancel or suspend the provision of service or equipment for the following reasonsi: 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 tlreatened 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 assigrrnent 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 atternpt 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. [n 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 ttrey receive the desired calling plan rates. 2.7.4 The Company will pay the Presubscribed lnterexchange Carrier @IC) 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 serice, limit service, or to impose requirements on customers as required to meet changing regulatory rules and standards of the Idaho Public Utilities Commission. Issued Date: Issued by: April30,2020 Effective Date: June 1,2020 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 Idaho Price List Original Page 5 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. Ifthe final interval ofa 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 nontime 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 Qglling 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 transfen or dial up lntemet. If it is determined that the plan is used for high volume data tansfers or dial up lntemet, the customer will be notified and the plan will be discontinued. Issued Date: Issued by: April30, 2020 Effective Date: June 1,2020 James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 CaseNo:RUR-T-20-01 Rural Telephone Company dba RTI Issued Date: Issued by: April30, 2020 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 incuning 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 senrice, without incuning 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 DirectoryAssistance 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 Oflering 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 is website at: http:i/www.flci.net Idaho Price List Original Page 6 James Martell, President Rural Telephone Company dba RTI 829 W. Madison Avenue Glenns Ferry, ID 83623 CaseNo.: RUR-T-20-01 Effective Date: June 1,2020