20191125Application.pdf

FosterDanowsky LLP
Jason A. Danowsky
Attorney at Law
VIA FIRST CLASS MAIL
November 21, 2019
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, Idalro 83720 -007 4
Re:Application of Simwood. Inc. for a Certificate of Public Convenience and
Necessity to provide local and long-distance telecommunications service in Idaho
Dear Secretary Hanizul
Ifyou have any questions conceming this matter, please do not hesitate to contact
me.
Respectfull tted.
5Ir1 -T- tq-o I
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Enclosures
904 West Ave. Ste. 107
Austin, Texas 78701 Writer's Email:
(5f2) 708-8700 idanowsky(4fbstcrdanowsky.conr
Fax [phone]
www.fostcrdanowskv.com
Simwood, Inc. (the "Applicant") hereby encloses an original (unbound trnd
unstapled) and seven (7) copies ofthe PUBLIC version of its Application for a Certificateof Public Convenience and Necessity to provide local and long-distance
telecommunications service in Idaho ("Application"). Also enclosed are an original
(unbound and unstapled) and seven (7) copies of a Request for Trade Secret Treatment.
The enclosed Application includes TRADE SECRET information. Pursuant to Rules 61
and 67 of the Rules of Procedure of the Idaho Public Utilities Commission, the pages
containing the trade secret information are reproduced on yellow paper and have been
separated from the non-trade secret portion of the Application. Each page is marked
"CONFIDENTIAL.'
Jason A.
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BEFORE THE IDAHO PTJBLIC UTILITIES COMMISSION
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APPLICATION FOR CERTIFICATION A}tD REQUEST FOR AUTHORITY
Pursuant to the rules of the tdaho Public Utilities Commission (the "Commission"),
Simwood, Inc. ("Simwood" or "Applicant") respectfully applies for a Certificate of Public
Convenience and Necessity to provide facilities-based local exchange and interexchtrnge service
in Idaho pursuant to Idaho Code Sections 61 -526-528 and IDAPA 3 1 .01 .01 . 1 I 1 (Rule s lll & I l2)
as clarified by Commission Order No. 26665.In support of this Application, Applicant submits
the following information:
I. PROPOSED SERVICES
Through this Application and Request for Authority, Simwood requests authority to offer
Idaho citizens facilities-based and resold competitive local exchange telecommunications and
interexchange telecommunications services throughout the entire state ofldaho.
Application of Simwood, Inc. for
a Certificate of Public Convenience and
Necessity to provide local and long distance
telecommunications service in Idaho
II. FORM OF BUSINESS
1. Name, Address, and Form ofBusiness
Simwood, Inc.
5016 Spedale Ct., Ste 306
Spring Hill, TN,37174
Telephone: [phone]
The Commission should direct all inquiries and correspondence with respect to this
Application to:
Jason A. Danowsky
Texas Bar No. 24092318
FosterDanowska, LLP
904 Wesl Ave, Suite I 07
Austin" TX 78701
Office: [phone]
Fax: [phone]
y@fosterdan owskv.com
Counsel lor Simwood. lnc.
Simwood, Inc., is a colporation organized pursuant to the laws of the State of Wyoming.
Applicant is authorized to conduct business in Idaho as a foreign corporation. Applicant currently
has no principal business address within the State ofldaho. Applicant's registered agent for service
ofprocess in Idaho is:
Cogency Clobal Inc.
921 S. Orchard Street- Suite G
Boise, ID 83705
A copy of Applicant's Articles of Incorporation and Foreign Corporation Certification are
attached as Exhibit t hereto.
2
2. Ifa corporation, the names and addresses ofthe ten cornmon stockholders of applicant
owning the greatest number of shares of common stock and the number of such shares
owned by each, as follows:
Copies of Applicant's Organizational Chart is being filed as Confidential Exhibit 2 in a
separately sealed envelope marked "Confidential and Proprietary".
3. Names and addresses ofthe of'ficers and directors ofApplicant:
4. Names and addresses oforganizations holding 5% or greater ownership or management
interests in Applicant:
Copies of Applicant's Organizational Chart are being filed as Confidential Exhibit 2 in a
separately sealed envelope marked "Confidential and Proprietary".
5. Names and addresses of subsidiaries owned or controlled by Applicant:
Not applicable.
III. TELECOMMUNICATIONS SERVICE.
l. The date on which applicant prcposes to begin construction or anticipates it will begin
to provide service:
Applicant proposes to begin providing service in the first quarter of 2020.
3
Simon Woodhead, CEO
Simwood House
CubeM4 Business Park
Old Gloucester Road
Bristol 8516 lFX, Uniled Kingdom
Telephone: [phone]
Email: simon.woodhead(g)simwood.com
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Telephone: [phone]
Email: Thomas.haddcn? simu'ood.com
IV. SERVICE TERRITORY.
l. A description sufficient for determining whether service is to be offered in a particular
location; and the names of all incumbent local exchange corporations with whom the
proposed utility is likely to compete.
Applicant seeks authority to provide local exchange and interexchange services throughout
the State of ldaho. It is possible that Applicant's service offering might compete with such entities
as Qwest Corporation, Frontier Communications, or other ILECs.
2. Written description of the intended manner of service, for example, resold servrces or
facilities based. A general description ofthe property owned or controlled by applicant.
Applicant may provide services on either a resold or facilities basis. Applicant neither owns
nor controls property in the State ofldaho at the present time.
3. A statement describing with whom the applicant is likely to compete.
Applicant does not know of any direct competitors in Idaho. As explained in the response
to Question IV.l, it is possible that some services, such as business telephone lines, will compete
with ILECS.
4. A desoription of the property owned by thc applicant clarifics thc applicant's proposed
services and operation.
At present, Applicant neither owns nor controls propcrty in thc Statc of ldaho at this time.
4
2. Description of Customer Classes and Customer Services that Applicant proposes to offer
to the public:
Simwood will own, control, operate, and manage both telephone lines and conduits in
connection with, or to facilitate, communication by telephone lor compensation. Simwood will
offer a fufl range of communications services, including data, local exchange voice services, and
interexchange/long distance to business customers. Simwood provides most, if not all, of its
services pursuant to individual-case-based contracts.
V. FINANCIAL INtr'ORMATION.
Current detailed balance sheets, including a detailed income and profit and loss
statements ofapplicant reflecting current and prior year balances for the twelve months
ended as ofthe date ofthe balance sheet, or ifnot readily available, for the period since
the close ofthe preceding calendar year.
Copies of Applicant's Financial Statements are being filed as Confidential Exhibit 3 in a
separately sealed envelope marked "Confidential and Proprietary". Included therein are audited
2018 financials of Applicant's parent - Simwood Group, PLC. Confidential Attachment D contains
the Audited Financial Statements for the Year Ended November 30, 2018, which includes financial
information of its subsidiary, Simwood, Inc. Simwood Group PLC ends its fiscal year on November
30 and does not create separate financial statements for its subsidiaries.
YI. *ILLUSTRATIVE' TARItr'F FILINGS.
Applicant's initial tariff and price sheets are attached hereto as Exhibit 4.
VII. CUSTOMER CONTACTS
1. Contact Information for Applicant:
a) For consumer inquiries and complaints from the public:
b) Toll-free number for customer inquiries and complaints:
[phone]
c) For resolving complaints, inquiries and matters conceming rates and price lists or
tariffs:
Thomas Hadden
5016 Spedale Ct. #304
Spring Hill TN 37174
Telephone: [phone]
simwood.com
1
5
Email: thomas.hadden
Thomas Hadden
5016 Spedale Ct. #304
Spring Hill TN 37174
Telephone: [phone]
Email: [e-mail]
VIII. INTERCONNECTION AGREEMENTS.
In the State of ldaho, Applicant will seek interconnection negotiations with ILECs and/or
commercial agreements with other carriers on an as-needed basis.
IX. COMPLIANCE WITH COMMISSION RULES.
Attached hereto, as Exhibit 5, is Applicant's written statement aflrming that it has reviewed
all of the Commission rules and agrees to comply with them.
X. ESCROW ACCOUNT OR SECURITY BOND.
Applicant does not anticipate requiring advance deposits by its customers at this time.
WHEREFORE, Simwood, Inc., requests that the ldaho Public Utilities Commission enter
an order granting a Certificate of Public Convenience and Necessity authorizing Simwood, lnc.,
to provide resold and facilities-based local exchange telecommunications and interexchange
services pursuant to Idaho Code Sections 61-526-528 and IDAPA 31.01.01.11 1.
Respectfully
Jtson A.
Texas Bar No
FosterDan , LLP
904 West Ave, Suite 107
Austin, TX 78701
Office: [phone]
Fax: [phone]
i d a n o wsk,v @lbste rd anows ky. co rl
ATTORNEY FOR SIMWOOD, INC.
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BEFORE THE IDAHO PUBLIC UTILITIE,S COMMISSION
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REQUEST F'OR TRADE SECRET TREATMENT
Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission"),
Simwood, Inc. ("Simwood" or "Applicant") respectfully requests that the ldaho Public Utilities
Commission ("Commission") grant protection from public disclosure and afford trade secret
treatment to the TRADE SECRET version of the Application for a Certificate of Public
Convenience and Necessity to provide local telecommunications service in Idaho ("Application").
including the organizational charts submitted as Confidential Exhibit 2 and the financial
information submitted as Confidential Exhibit 3 to the Application (together, the "Confidential
Information"). Applicant requests that the Commission afford the highest level of protective
treatment to the Confidential Information and asks that the Confidentiai Information be made
available only to the Commission.
Pursuant to Idaho Public Utilities Commission Rules of Procedure Rule 67- Simwood
requests trade secret treatment of the Confidential Information because they contain revenue
information and highly confidential information regarding Simwood's assets, liabilities, and
financial condition and the relation of Simwood to its affiliates. The information provided in the
Confidential lnformation derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by other persons who can
obtain economic value from its disclosure or use; and is the subject of reasonable efforts to
maintain its secrecy by Simwood.
Application of Simwood, Inc. for
a Certificate of Public Convenience and
Necessity to provide local and long distance
telecommunications service in Idaho
.)
The potential harm to Simwood is substantial, and the need for proprietary protection of
this information outweighs any need tbr public disclosure at this time. As such, the Confidential
Infbrmation should be afforded protection from public inspection. Disclosure ofthe Confidential
Information would have adverse competitive consequences for Simwood. Absent protection from
disclosure, Simwood's competitors would have access to Simwood's sensitive and private
financial data and proprietary information and the corporate structure of Simwood's atliliates,
which are not publicly traded companies. Because Simwood and its affiliates are operating in a
highly competitive market, public availability of this inlbrmation would adversely disadvantage
Simwood and its affiliates. Release of this information to the public would cause undue economic
damage and substantially harm the Applicant's ability to compete in the marketplace. Protection
ofthe information provided in the Confidential Information does not affect the public interest and
does not restrict interested parties from participating in the administrative process. Furthermore.
the harm that would result from disclosure olthis information far outweighs the public interest in
accessing this information.
Al[ notices and inquiries conceming this request should be directed to:
Jason A. Danowsky
Texas Bar No. 24092318
FosterDanowsky, LLP
904 West Ave. Suite 107
Austin. TX 78701
Office: [phone]
Fax: [phone]
idanowskt afostcrdanowskv.com
WHEREFORE, Simwood, Inc., requests that the Idaho Public Utilities Commission afTord
trade secret treatment to the Confidential Infbrmation. In the event that this request is denied,
please provide the undersigned with notice of that determination prior to making the Confidential
Information available to the public. The Applicant further requests that the Commission stay the
release ofthe Confidential Information until such time as an application for review ofthe requested
determination is resolved. Disclosure of the Confidential Information without affording the
Applicant an opportunity to contest a finding against confidentiality would prejudice the Applicant
and render moot any successful appeal.
RespecLlull tted
Jason A.
Texas Bar o.8
FosterDanowsky, LLP
904 West Ave. Suite 107
Austin, TX 78701
Office: [phone]
Fax: [phone]
idanowsky@ fosterdanowskv.com
Attorney for Simwood, Inc.
Exhibit I
lApplicant's Articles of Formation and Foreign Corporation Certification
,tM Wiomlng Secretary ol Stale
2020 Carey Avenue
Suite 700
Cheyenne, VVY 82002-0020
Ph.307-777-7311
For Office Use Onlv
Ed Murray, WY Secretary of State
FILED: Aug 21 2017 'l'1i17 AM
Origlnal lD: 2017-000765735
Secretarv of State
Profit Corporation
Articles of lncorporation
l. The namo of the corporation is:
SIMWOOD INC,
ll. The name and physical addresE of the registered agent of the corporation is:
lncorp Services, lnc.
1910 Thomes Ave
Cheyenne, WY 82001
lll. The mailing address of the corporatlon ls:
CubeM4 Business Park, Simwood House
Bristol, Avon & Somerset BS16 1FX
United Kingdom
lV. The principal office address of the corporation is:
CubeM4 Eusiness Park, Simwood House
Bristol, Avon & Somerset BS16 1FX
United Kingdom
v. The number, par value, and cle8s ofshareB the corporation will have the authorlty lo lssue are:
Number of Common Shares: 5,000 Common Par Valuo: $0.0000
Number of Prefenad Shares: 0 Preferred ParValue: $0.0000
Vl. The name and address of each incorporator is as follorvs:
MyUSAcorporalion.com
1 Radisson Plaza. Ste. 800 New Rocholle, NY 10801
Slgnature:
Print Name:
Title:
Email:
Daytime Phone #:
Jomark Reyes Date: 0812'112017
Jomark R6yes
lncorporator
[e-mail]
(8771330-2677
Paqe 1 of 4
W Wyomlng Socntary of Strte
2020 Caoy Avenr
Sulte 700
Choyonne, wY 82002-0020
Ph.w-7n-7311Secretary of State
E I am 0ra perton who8a slgnatnr appoars on the fillng; &8t I am aulhodzod to fib tteso do{rimonb on bchalf of tte
buslnasi €ndty b wtrlch they pedaln; and that lhe lnforma0on I am submlHng as fu€ and oorff* to ho bo6t of my
knowtodgB,
0 I am fllng ln eocordencs ldth tha Forrlalona ol lhe Wtomlng &Irt'n€ss Corporalion Act (W.S. 17-16-101 hrolgh 17-
1G1804) and Reg*slarcd Ofrces and AgenE Act (WS, 17-28.1010rcugh 17-2&1 11).
M t underatand that [ro lnfoflnaudl suhnlfied d6cnonbally by mo wlll bo us6d to g€nsrato Ar{d€a o, lncorporallon
that wlll b€ frled wilh he Wyomlng S€cr€tary of State.
E I lntcrd ard aglto thst thc .Lctronlc submbdon of tho t rlbrmeton set ft.tr h6r€ln constfrrt6s my dgndrt€ for thls
fiflng.
El I haw conducbd fi€ aegroprlsto namo s.srch€B b onsur€ compllanc€ wlth W.S. 17-1&401.
El I affrm, tmdcr pena$ of perjury, thal I havc ocoiv€d acfin[ expr€ss p€rmlsdon fr,om each of the follor'vlng
incorporabrs b add lhem b hls fuslness fllng: MytJSAcorporatioo.com
t{odc. Rogordlng Frho FlllngE: Filng . f.h. doilment could mcrlt ln cdmlml p.n!lB/ rnd
prcsoculhn purru.ntb W.8. S5€0E.
W.S. 6-5-308. Penrlty for llllng false document
(a) A persoo commits a fclony punishable by imprisonmcnt for not more than two (2) years, a finc
of not morc than two thousad dollam ($2,000.00), or both, if he filcs with the secrctary of state
and willfully or knowingly:
(i) Falsifies, conceals or oovers up by any trick, schcme or device I materisl fact;
(ii) Makes any matcrially ftlsc, fictitious or fauduleff statcmctrt or represcntstion; or
(iii) Makes or uses any frlse writing or documcnt knowing thc same to contain any marcrially
falsc, fictitious or fraudulent statcment or entry.
@ I adctoledge havlng read W.S. 6$308.
Fllar bt g An lndMduel E An Omanlzalion
Oale]. OU21[2O17JotnaftReya
Jom.rtRA,to
lncotDolttor
lul3.(Orryutacorporadon.com
$mtwzsn
Page 2 oI4
Flhrlnbnnadon:
By cubmlldng thls form I agne and lccept thl. electronlc fiBng c legal aubmlrslon of my Artcier of
lncorporatlon.
SlOft uro:
Prlnt Namg:
Tille:
Emsll:
Daytmo Phona #:
w Wtomlng Sacmtery o, Std.
2020 Carcy Avenue
Suite 7fl)
Cheyenne, WY 82{X}2-0020
Ph.3tl-Tn-7311Secrrary of State
Consent to Appointment by Reglstered Agent
lncorp Servlceo, lnc., whose reglstered offce ls located at lgl0 Thomee Ave, Cheyenne,
tltlY 82001, voluntarily consent€d to serve as the mgistered agentfor SlilVlfOOD lNC. and has
certified they are in compliance with the requlrements of W.S. 17-28-101 through W.S. 17-28-111.
I haro obtalned a signed and dated statement by the registered agent ln whlch they
voluntarily cons€nt to appointnsnt br thls entlty.
Slgnrturt:
ftlnt Name:
Tl0o:
Email:
Dayflm€ Phon€ #:
Jorna*Reys Dat6:08111,2017
Jomark Reye.
lncorporator
lulla(hyusrcorpor.don.com
p77r3f$-26n
Page 3 of 4
STATE OFWYOMING
Offlce of the Secretary of State
I, ED MURRAY, Secretrary of State of the State of Wyomlng, do hereby certlff that the filing
requirements for the issuance of this cerdfrcate have been fulfilled.
CER]'IFICATE OF INCORPORATION
stMwooDtNc.
I have affxed hereto the Great Seal of the State of Wloming and duly exealed thls offcial
certificate at Cheyenne, Wyoming on this 21Bt day of August, 2017 at11t17 A16.
Remalnder lntondonally left blank.
of
F'[ed Onllne By:
Jornark Reyes
on0al21n017
Page 4 of 4
Fflod Dair: O0r2tr2017i. : -':...'.
STATE OF V/YOMING
Sccretary of Slale
I ner.,tJf COrt,ty lhal fl'lg rS S lrt O
I lhs documrnland (:Jrrlndt€ copy o
a3 ftl6d n thls onice.
I
By
Date:
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4.
=7//, r.,*
ilililtffiilililillilIIilil]
The nam€ of th€ irntity iE.
FOREIGN REGISTRATION STATEMENT
Title 30, Chapter 21, ldaho Code
Baee Filing fae: 3100.00 + $20.00 for manual procassing (fortr-trld.blt(lgdL
Slmrood lno,
2. Th6 nam6 whici it shall uso in ldaho b:
{t:lrier ,! ,,;rr,i,: lr.lr ,;,i? to(; n.: t;)qr.r(;riila .(irtt't ar,li:!rnaiU lt.,,r,r'i3. Saled th€ typ6 d 6ntity you riish b rogislar
E Bushc Corporation O 6on6ral Partnollhh
E Nonprolll Coporalion E GeneralCooperatvo Associalim
tr Umit€d tbbility Parilor8hlp E Llmibd Parln€islip (lnduding a limilod liab{ity limitod pertn6Ehip
tr t-lmiteO tleOimy Cornpany E Statuory frueq Busine.s Tru8t, a Cqnmon-bw Business Trugt
Eofier:
4. Jutisdkiion of formation:
rtr.,4 () r,.r ' r.::ilv ilyoul lorr,rr errtry_ t pE, ii nol l,sred ,tov3. rfil srxc, tllc tyt4 t|lnc.)
y,,yomhg
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5. The addrase ol ils princiral cflice b:
li)rovirlc rilc d.rfi(ili(: lr,:'s(ltLliolr vrlli:rr- llv: criilit rra! tlrfiedi
sOrG Sp.d.b C( Slc:i(E, SptW HiI, TN 37174
ii.{.tll,,,! r 1\1,, r,., ,i drll-r.,n1r;
6. Th€ addr€ss of il8 domoslic principal o{ica 0f required by tho lavus of lho iurisdic{ion of lbmelion) i8:
i '.j:,,,r,.i,r1',.( , I 0,li r, ., ;
7. Tho mailing addr6s6 to whach conospond€nos should be addrEr8ed, if difl€r€nt lrcrn itom 5, is:
i...idr,.3!l
8. Namo and Bfsot eddre€8 ot regiBtarsd ag6nt i0-ltE0&
COGEI{CY GLOSAL ]NC., gll S. tule d strlct- Suile G, &$q lD 83705
tli.,.:L irrnl /rlti;(....r
8. Th6 nam€, capacity, and mailing addrot3 ol at l6ast ono golrarno,:
Thsne3 H.d(bn PraHentiOOO 5010 Sp6dab Ct, St! 3ot, Sp.hC Hl, TN 37t74
(i ).,j,:', rlrl
S€rrct ry o, Stalc u.. d ,llEoF'
oaot
troEao
Typ6d Nam€
Signaturo:
Thom6 Haddcn
Capecity: PrlsidsnUCOO
E
STATE OF I'STOMNG
Office of the Secretary of State
I, EDWARD A. BUCHANAN, SECRETARY OF STATE ofthe STATE OF WYOMING, do
hereby certifi that according to the records of this office,
sriiln ooD rNc.
isa
Profit Gorporation
forrned or qualified under the laws of Mfoming did on Augmt 21, 2017, comply with all appticable
requirements of this offce. lts period of duration as Perpetual. This entity has been assigned entity
identification number 2017{t00785735.
This entity is in existence and in good standing in this office and has filed all annual reports
and paid all annual license taxes to date, or is not yet required to file such annual reports; and has
not filed Articles of Dissolution.
I have affixed hereto the Great Seal of the State of Wyoming and duly generated, executed,
euthenticated, issued, delivered and communicated this offcial certifcate at Cheyenne, lAfoming
onthislOthdayofJune,20l9atS:55AM. Thiscertificateisassigned03l..l0973l.
Seqetary State
Nolice: A certificate E3ued el€clronically ftun the \ ryoming Secretary of State s web site is immediately ysli, and
eflective. The v6lidity of a certiricate may be established by vi6u/ing the Certificete Confirmataon $reen of the
Secrotary of Stat6's urebBite http/wyobiz.wy.gov end fiollowing the imtructions di6played under Vslidate Cefificate.
Confidential Exhibit 2
Applicant's Organizational Chart
Submitted Separately Under Soal
Conlidential Exhibit 3
Applicant's Financial Statements
Submitted Separately Under Seal
Simwood, Inc.Idaho TariffNo. I
Original Page No. I
LOCAL AND INTERT]XCHANGE SI)RVICES,I.ARIFF
IDAHO
LOCAI- AND IN'I'I,REXCIIANCE TEI,ECOMMUNICATIONS SERVICES TARIITF OF
Simwood, lnc.
This tariff contains the descriptions, regulations, and rates applicable to the provision oflocal
exchange telecommunications services provided by Simwood, Inc. with principal offices at 5016
Spedale Ct. #304, Spring Hill, TN 37174 for services fumished within the State ofldaho. This
tarif'f is on file with the Idaho Public Utilities Commission, and copies may be inspected, during
normal business hours at the Company's principal place ofbusiness.
l'homas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DAI'Ll
Issued by:
EFFEC:TIVE: IDATEI
Simwood, Inc.Idaho "I'ariff No. I
Original Page No. 2
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET
Current sheets in the tariffare as tbllows:
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Pagc Revision Page Revision
I Original 22 Original
2 Original -L)Original
3 Original Original
.+Original 25 Original
5 Original Original
6 Original Original
7 Original 28 Original
I Original 29 Original
9 Original Originat
10 Original JI Original
1l Original 32 Original
12 Original -r -,Original
13 Original 34 Ori,rinal
14 Original 35 Original
t5 Original :16 Original
l6 Original 37 Original
t7 Original 38 Original
18 Original 39 Original
Original 40 Original
20 Original 4t Original
21 Original Original
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
I
24
26
27
30
19
Simrvood, Inc.Idaho Tariff No. I
Original Page No. 3
LOCAL AND INTEREXCHANGE SIIRVICES TARIFF
EXPLANATION OF SYMBOLS
When changes are made in any tariffsheet, a revised sheet will be issued canceling the tariff sheet
affected. Changes will be identified on the revised sheet(s) through the use of the following
symbols:
(C) To signily changed rate, regulation or condition.
(D) To signiff discontinued rate, regulation or condition.
(l) To signifi increase.
(N) To signifu new material, including a listing, rate, regulation, rule or condition.
(R) 'l'o signily reduction.
('f) To signiff a change in the word of text, but no change in the rate, rule or condition.
(M) Moved from another tariff location.
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DAI'EI
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring I{ill 'l'N 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 4
LOCAL AND INTEREXCI-IANGE SERVICI.,S TARI T. T'
APPLICATION OF TARIFT
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing
ol intrastate end-user local exchange communications services by Simwood, Inc., hereinafter
referred to as the Company, to Customers within the state of ldaho. The Company's services are
furnished subject to the availabitity of facilities and subject to the terms and conditions set lorth
herein.
Simwood, Inc. provides services to businesses who have entered into individual case-based
contractual agreements which will govem the rates to be charged for the particular services to be
provided as well as additional contractual terms as needed for the particular service or location. In
the event any tcrm or rate within this tariff is dilferent from or contrary to a contract provision or
rate, the contract provision or rate will control. To the extent that the contract does no1 provide a
paxticular term or pricing for any local exchange or interexchange service, the rates and prices
contained within this tariffwill control.
This tariff is on file with the Idaho Public Utilities Commission. ln addition, this tarif'f is available
for review at the main office of Simwood. Inc. at 5016 Spedale Ct. #304, Spring Hill, TN 37174.
Thomas Hadden. COO
501 6 Spedale Ct. #304
Spring IIill 'l-N 37174
ISSUED: IDAT'E]
Issued by:
EFFECTIVE: IDATE]
Simwood, Inc.Idaho TariffNo. I
Original Page No. 5
LOCAL AND INTEREXCHANGE SIIRVICES'|ARIFF
SECTION I . DEFINITIONS
For the purpose of this tariff, the following del'initions will apply:
Access Line - An ztrrangement from a local exchange telephone company or other common carrier,
using either dedicated or switched access, which connects a Customer's location to Carrier's
location or switching center.
Authorization (Access) Code - A numerical code, one or more of which may be assigned to a
Customer, to enable Carrier to idcntify the origin ol'servicc olthe Customer so it may rate and bill
the call. All authorization codes shall be the sole property ol Carrier and no Customer shall have
any property or other right or interest in the use of any particular authorization code. Automatic
numbering identification (ANI) may be used as or in connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of
the service ofthe Customer.
Automatic Numbering ldentification (ANI) - A type of signaling provided by a local exchange
telephone company which automatically identifies the local exchange line from which a call
originates.
Commission - 1'he Idaho Public Utilities Commission.
Common Carrier - An authorized company or entity providing telecommunications services to
the public
Company - Simwood. Inc.. the issuer of this tariff.
Customer - The person, firm or corporation that orders service and is responsible lbr the payment
ofcharges and compliance with the terms and conditions ofthis tarilf.
Customer Premises - A location designated by the Customer for the purposes of connecting to
the Company's services.
Customer Terminal Equipment - Terminal equipment provided by thc Customer.
End Office - The LEC switching system ollice or serving wire center where Customer station
loops are terminated for purposes of inlerconnection to each other and/or to trunks.
ISSUED: IDATL]EFFECTIVE: [DA1'E]
Issucd by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 6
LOCAL NND INTEREXCHANGE SI]RVICL,S TARIF'I.'
End-User Premises - A location designated by the Customer lor the purposes of connecting to
the Company's services.
Equal Access - A form of dialed access provided by local exchange companies whereby
interexchange calls dialed by the Customer are automatically routed to the Company's network.
Presubscribed Customers may also route interexchange calls to the Company's network by dialing
an access code supplied by the Company.
Exchange Telephone Company or Telephone Company - Denotes tury individual, partnership.
association, joint-stock company, trust, or corporation authorized by the appropriate regulatory
bodies to engage in providing public switched communication service throughout an exchange
area. and between exchange areas within the LATA.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - 'lhe inability to complete calls due to equipment malfunctions or human errors.
Intem.rption shall not include, and no allowance shall be given for service difficulties such as slow
dial tone, circuits busy or other network and/or switching capability shortages. Nor shall
Intemrption include the failure of any service or facilities provided by a common carrier or other
entity other than the Carrier. Any Intemrption allowance provided within this Tariff by Carrier
shall not apply where service is interrupted by the negligence or wiltful act ofthe Customer. or
where the Carrieg pursuant to the terms of this Tariff, terminates service because of non-payment
ofbills, unlawful or improper use ofthe Carrier's facilities or service, or any other reason covered
by this Tariffor by applicable law.
LATA - A Local Access and Transport Area established pursuant to the Modification ofFinal
Judgment entered by the United States District Court lbr the District of Columbia in Civil Action
No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier
Association, Inc. 'l'ariffF.C.C. No. 4, or its successor tari ff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in
the area also served by the Company.
Monthly Recurring Charges - The monthly charges to the Customer for services. lacilities and
equipment, which continue for the agreed upon duration ofthe service.
Serving Wire Center - A specified geographic point liom which the vertical and horizontal
coordinate is used in calculation of airline mileage.
EFFLCTIVE: [DATE]
Issued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill'IN 37174
lSSl.lED: IDATEI
Simwood, Inc.ldaho Tariff No. I
Original Page No. 7
LOCAI- AND INTERT,XCTIANGE SERVICES TARII.'F
Shared Inbound Calls - Ref'ers to calls that are terminated via the Customer's Company-provided
local exchange line.
Shared Outhound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the
Customer's local telephone lines are presubscribed by the Company to the Company's outbound
service such that "l + lO-digit number" calls are automatically routed to the Company's or an
IXC's network. Calls to stations within the Customer's LAI A may be placed by dialing ' l0XXX"
or "l0lXXXX" with I + lO-digit number."
Station - The network control signaling unit and any other equipment provided at the Customer's
premises which enables the Customer to establish communications connections and to eflbct
communicalions through such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders
telecommunications service fiom Simwood. Service may be ordered by, or on behalfof, those who
own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an
End l-lser places a call utilizing the services of the Company.
Non-Recrrring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to
initiate and establish service.
Point ofPresence ("POP") - Point ofPrescnce
Preferred Customer Discount ("PCD") - A discount added to the monthly invoice and deducted
from the rack rate for grandfathered products and term contract discount
Recurring Charges - Monthly charges to the Customer fbr services, and equipment, which
continues fbr the agreed upon duration ofthe service.
Remote Call Forward ("RCF") - A service whereby calls placed to a telephone number are
automatically forwarded by central office equipment to another number designated by the end
user. The Remote Call Forwarding number may be either a different exchange (remote) or another
central office area within the same exchange (local). Additional paths may be provided to handle
multiple calls to the Remote Call Forwarding number as long as there are at least an equal number
oflines at the terminating end. Any toll portions ofcalls are billed to the Customer.
Service - Any means ofservice offered herein or any combination thereof.
ISSUED: [DATEI EFFECTIVE: [DA'[E]
Issued by:Thomas Hadden, COO
5016 Spedale Ct.#304
Spring I{ill TN 37174
Simwood, Inc.Idaho TariffNo. I
Original Page No, 8
LOCAL AND INI-F]REXCHANGE SERVICES TARIFF
Service Order - l'he written or verbal request for Company services by the Customer and the
Company in the format devised by the Company. A Service Order initiates the respective
obligations of the parties as set forth therein and pursuant to this tariff.
Switched Access Origination/Termination - \rVhere access between the Customer and the
interexchange oarrier is provided on local exchange company Feature Group circuits and the
connection to the Customer is a LtsD-provided access line. The cost of switched Feature Group
access is billed to the interexchange oarrier.
Terminal Equipment - Any telecommunications equipment other than the transmission or
receiving equipment installed at a Company location.
Usage Charges - Charges for minules or messages traversing over local exchange facililies
User or End User - A Customer, Joint User, or any other person authorized by a Customer to use
service provided under this tariff.
'Ihomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Simwood, Inc.
I,OCAL AND INTERT,XCIIANGE SERVICES 1'ARIFF
2.1 Undertaking of thc Company
2.1.1 Scope
Idaho 1ariffNo. I Section 2 Original Page I
The Company undertakes to fumish communications service pursuant to the terms of this
tariff in connection with one-way andlor two-way information transmission originating
from points within the State ofldaho and terminating within a local calling area as defined
herein.
T'he Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity
that purchases access to the Company network in order to originate or lerminate its own
services, or to communicate with its own Customers.
A. The Company reserves the right to limit or to allocate the use of existing facilities,
or ofadditional f-acilities offered by the Company, when necessary because oflack
offacilities, or due to some other cause beyond the Company's control.
B. The I'umishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity ofthe
Company's facilities as well as facilities the Company may obtain lrom other
carriers to fumish service from time to time as required at the sole discretion of the
Company.
2.1.3 Terms and Conditions
Idaho Tariff No. I Section 2 Original Page 2
C. Service is provided on the basis of a minimum period of at least thirty (30) days,
24-hours per day. For the purpose of computing charges in this tariff, a month is
considered to have thirty (30) days.
ISSUBD: [DATE]EFFECTIVE: [DATE]
lssued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ldaho Tariff No. I
Original Page No. 9
SECTION 2 - RULES AND RE(;ULATIONS
2.1.2 Shortage of Equipment or Facilities
Simnood, lnc.Idaho Tarilf No. I
Original Page No. l0
LOCAL AND INTERI]XCHAN(Jt., SERVICES'I'ARI }'F'
D. Customers may be required to enter into written service orders which shall contain
or reference a specific description of thc service ordered, the rates to be charged,
the duration ofthe services, and the terms and conditions in this tariff. Customers
will also be required to execute any other documents as may be reasonably
requested by the Company.
E. Except as otherwise stated in the tariff, at the expiration ol'the initial term specified
in each Service Order, or in any extension thereof, service shall continue on a month
to month basis at the then current rates unless terminated by either party upon
notice. Any termination shall not relieve the Customer of its obligation to pay any
charges incurred under the service order and this tariff prior to termination. The
rights and obligations which by their nature extend beyond the termination of the
term of the service order shall survive such termination.
F. Service may be terminated upon written notice to the Customer if:
I . the Customer is using the service in violation of this tariff; or
2. the Customer is using the service in violation of the law.
G. This tariff shall be interpreted and governed by the laws of the Slate of ldaho
without regard for its choice of laws provision.
H. Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or
purchase any services in order to have the right to obtain service directly from the
Company.
I. To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party exercising such control
shall make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At
the reasonable request of either party. the Company and the Other 'Ielephone
Company shall jointly attempt to obtain from the owner ofthe property access for
the other party to serve a person or entity.
'l'homas I ladden. COO
5016 Spcdalc Ct. #304
Spring Hill TN 37174
ISSUED: IDA1'El
Issued by:
EFF-EC'l'lVE: [DATE]
Simwood, Inc.Idaho 'Iariff No. I
()riginal Page No. I I
LOCAL AND INTEREXCHANGE SERVICES TARIFI.'
J. The Company hereby reserves its rights to establish service packages speciiio to a
particular Customer. 'l'hsse contracts may or may not be associated with volume
and/or term discounts. Al[ service packages established by the Company will be
filed with the Commission prior to the fumishing of service.
2.1.4 Limitations on Liabilih
A. Except as otherwise stated in this section, the liability of the Company for damages
arising out ofeither: (l) the fumishing of its services, including but not limited to
mistakes, omissions, intemrptions, delays, or errors, or other defects,
representations, or use of these services or (2) the failure to fumish its service,
whether caused by acts or omission, shall be limited to the extension ofallowturces
to the Customer for interruptions in service as set forth in Section 2.7.
B. Except for the extension of allowances to the Customer fbr interruptions in service
as set lbrth in Section 2.7, the Company shall not be liable to a Customer or third
party for any direct, indirect, special, incidental, reliance, consequential, exemplary
or punitive damages, including, but not limited to, loss of revenue or profits, for
any reason whatsoever, including, but not limited to, any act or omission, failure to
perform, delay, interruption, lailure to provide any service or any failure in or
breakdown of facilities associated with the service.
C. The liability of the Company for erors in billing that result in overpayment by the
Customer shall be limited to a credit equal to the dollar amount enoneously billed
or, in the event that payment has been made and service has been discontinued, to
a refund of the amount erroneously billed.
D. The Company shall be indemnified and saved harmless by the Customer lrom and
against all loss, liability, damage and expense, including reasonable counsel fees,
due to:
1 . Any act or omission of: (a) the Customer, (b) any other entity lumishing service,
equipment or facilities for use in conjunction with services or facilities provided
by the Company; or (c) cornmon carriers or warehousemen, except as
contracted by the Company;
2. Any delay or failure of performance or equipment due to causes beyond the
Company's control, including but not limitcd to, acts of God, fires, floods,
ISSUED: IDAI'E]EFFECTIVE: [DATE]
Issued by:Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.
ISSUED: IDATE]
ldaho Tariff No. 1
Original Page No. 12
LOCAI, AND INTEREXCHANGE SERVICES TARIFF
earthquakes, hurricanes, or other catastrophes; national emergencies,
insurrections, riots, wars or other civil commotionsi strikes, lockouts, work
stoppages or other labor difficulties; criminal actions taken against the
Company; unavailability, failure or malfunction ol equipment or facilities
provided by the Customer or third parties; and any law, order, regulation or
other action of any goveming authority or agency thereof;
3. Any unlaudrl or unauthorized use ofthe Company's facilities and services;
4. Libel, slander, invasion ofprivacy or infringement of patents, trade secrets, or
copyrights arising from or in connection with the material transmitted by means
of Company-provided facilities or services; or by means ofthe combination of
Company-provided facilities or services;
a. Breach in the privacy or security of communications transmitted over the
Company's facilities;
b. Changes in any of the facilities, operations or procedures of the Company
that render any equipment, facilities or services provided by the Customer
obsolete, or require modification or alteration ofsuch equipment, facilities
or services, or otherwise affect their use or performance, except where
reasonable notice is required by the Company and is not provided to the
Customer, in which event the Company's liability is limited as set forth
above in Section 2.1. I .A.
Defacement of or damage to Customer premises resulting from the
fumishing of services or equipment on such premises or the installation or
removal thereof;
d. Injury to property or injury or death to persons, including claims for
payments made under Workers' Compensation law or under any plan for
employee disability or death benefits. arising out of, or caused by, any act
or omission of the Customer, or the construction, installation, maintenance,
presence, use or removal of the Customer's facilities or equipment
connected, or to be connected to the Company's facilities;
Any noncompletion of calls due to nctwork busy conditions;
c
c
EFFECTIVE: [DATE]
Issued by:Thomas lladden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.
ISSUED: [DATE]
ldaho Tariff No. 1
Original Page No, l3
LOCAL ANI) INTEREXCHANGT.] SI]RVICES'I'ARI}-F'
1'. Any calls not actually attempted to be completed during any period that
scrvice is unavailable;
g. And any other claim resulting from any act or omission ofthe Customer or
patron(s) of the Customer relating to the use of the Company's services or
lacilities.
E, The Company does not guarantee nor make any warranty with respect to
installations provided by it lor use in an explosive atmosphere.
F. The Company makes no warranties or representations, EXPRESS OR IMPLIED,
either in fact or by operation of law, statutory or otherwise, including warranties of
merchantability or fitness for a particular use, except those expressly set forth
herein.
G. Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asscrting its rights under other provisions.
H. Directory Errors - In the absenoe of gross negligence or willful misconduct, no
liability for damages arising lrom erors or mistakes in or omissions of directory
listings, or errors or mistakes in or omissions oflisting obtainable liom the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance fbr errors or mistakes in or omissions of published
directory listings or for errors or mistakes in or omissions oflisting obtainable from
the directory assistance operator shall be at the monthly tarilf rate for each listing,
or in the case ofa free or no-charge directory listing, credit shall equal two times
the monthly tariff rate for an additional listing, for the life of the directory or the
charge period during which the error, mistake or omission occur.
l. With respect to Emergency Number 91 I Service:
This service is offered solely as an aid in handling assistance calls in connection
with fire, police and other emergencies. The company is not responsible for any
losses, claims, demands, suits or any liability whatsoever, whether suffered,
made instituted or asserted by the Customer or by any other party or person for
any personal injury or death olany person or persons, and lbr any loss, damage
or destruction of any property, whether owned by the Customer or others,
caused or claimed to have been caused by: (1) mistakes, omissions,
EFFECTIVD: IDATE]
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 14
LOCAL AND INTE,RIIXCHANCE SERVI(IIIS TARIFF
intemrptions, delays, errors or other defects in the provision of service, or (2)
installation, operation, Iailure to operate, maintenance, removal, presence,
condition, local or use of any equipment and facilities fumishing this service.
2. Neither is the Company responsible for any infringement, nor invasion of the
right ofprivacy ofany person or persons, caused or claimed to have been caused
directly or indirectly, by the installation, operation, failure 1o operate,
maintenance, removal, presence! condition, occasion or use of emergency 9l 1
service features and the equipment associated therewith, or by any services
fumished by the Company, including, but not limited to the identification of the
telephone number, address or name associated with the telephone used by the
party or parties accessing emergency 9l I service, and which arise out of the
negligence or other wrongful act of the Company, the Customcr, its users,
agencies or municipalities, or the employees or agents ofany one of them.
3. When a Customer with a nonpublished telephone number, as defined herein,
places a call to the emergency 91 1 service, the Company will release the name
and address ofthe calling party, where such information can be determined, to
the appropriate local governmental authority responsible for emergency 911
service upon request ofsuch govemmental authority. By subscribing to service
under this tariff, the Customer acknowledges and agrees with the release of
information as described above.
J. The included tariff language does not constitute a determination by the Commission
that a limitation of liability imposed by the Company should be upheld in a court of
law. Acceptance for filing by the Commission recognizes that it is a court's
responsibility to adjudicate negligence and consequential damage claims. [t is also the
court's responsibility to determine the validity ofthe exculpatory clause.
2,1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include.
but are not limited to, equipment or facilities additions, removals or rearrangements and
routine preventative maintenance. Generally, such activities are not specific 10 an
individual Customer but affect many Customers' services. No specific advance notilication
period is applicable to all service activities. The Company will work cooperatively with
the Customer to determine the reasonable notification requirements. With some emergency
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
lssued by:
EFFECI'IVE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. l5
LOCAL AND INTEREXC I IANCE SERVICES'IARI T.'T.'
or unplanned service-affecting conditions, such as an outage resulting from cable damage.
notification to the Customer may not be possible.
2.1.6 Provision of Equipment and Facilities
A. The Company shall use reasonable efforts to maintain only the facilities and
equipment that it fumishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfbre with any of the facilities or equipment installed by the
Company, except upon the written consent ofthe Company.
B. 'lhe Company may substitute, change or rearrange any equipment or lacility at any
time and from time to time, but shall not thereby alter the technical parameters of
the service provided the Customer.
C. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
D. Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constructed,
maintained and operated as to work satislhctorily with the facilitics of the
Company.
E. The Company shall not be responsible for the installation, operation, or
maintenance of any Customer provided communications equipment. Where such
equipment is connected to the facilities fumished pursuant to this tariff, the
responsibility of the Company shall be limited to the fumishing of facilities offered
Subject under this tariff and to the maintenance and operation ofsuch facilities. to
this responsibility, the Company shall not be responsible for:
l. the through transmission ofsignals by Customcr provided equipment or for
the quality ol, or defects in, such transmission; or
2. the reception ofsignals by Customer-provided equipment; or
3. network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.
ISSUED: IDA'll]l EFFECTIVE: IDATE]
lssued bv:Thomas l{adden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. 1
Original Page No. 16
LOCAL AND IN'I'h,R!]XCHANGE St,RVICES TARIFF
2.1.7 Non-Routine lnstallation
At the Customer's request, installation and/or maintenance may be performed outside
the Company's regular business hours or in hazardous locations. In such cases, charges
based on cost olthe actual labor, material, or other costs incurred by or charged to the
Company will apply. Ifinstallation is started during regular business hours, but, at the
Customer's request, extends beyond regular business hours into time periods including,
but not limited to, weekends, holidays, and/or night hours, additional charges may
apply.
2.1.8 Special Construction
Subject to the agreement of the Company and to all ofthe regulations contained in this
tarifi, special construction offacilities may be undertaken on a reasonable efforts basis
at the request of the Customer. Special construction is construction undertaken:
l. where faoilities are not presently available, and there is no other requirement
for the facilities so constructed;
2. of a type other than that which the Company would normally utilize in the
fumishing of its services;
3. over a route other than thal which the Company would normally utilize in the
furnishing of its services;
4. in a quantity greater than that which the Company would normally construct;
5. on an expedited basis;
6. on a temporary basis until permanent facilities are available;
7. involving abnormal costs; or
8. in advancc of its normal construction.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariffremains in the Company. its
partners, agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1 The services the Company offers shall not be used for any unla*f.rl purpose or for any
use as to which the Customer has not obtained all required governmental approvals,
authorizations, licenses, consents and permits.
ISStJED: [DATE]EFFECTIVE: [DATE]
Issued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, lnc.Idaho Tariff No. I
Original Page No. 17
LOCAL ANI) INTEREXCIIANGE SERVICES TARIT'F
2.2.3 The Company may block any signals being transmitted over its Network by Customers
which cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall
indemni$ the Company for any claim, judgment or liability resulting from such blockage.
2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner. the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transf'er its existing service to another
entity if the existing Customer has paid all charges owed to the Company for regulated
communications services. Such a transfer will be treated as a disconnection of existing
service and installation olnew service, and non-recurring installation charges as stated in
this tariff will apply.
2.3 Obligations of the Customer
2.3.1 General
The Customer shall be responsible for
A. the payment of all applicable charges pursuant to this tari lll
B. damage to or loss of the Company's facilities or equipment caused by the acts or
omissions of the Customer; or the noncompliance by the Customer, with these
regulationst or by fire or theft or other casualty on the Customer Premises, unless
caused by the negligence or willful misconduct ofthe employees or agents of the
Company;
C. providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company lacilities and equipment installed
on the premises of the Customer, and the level of heating and air conditioning
necessary to maintain the proper operating environment on such premises;
ISSLJED: [DATEj EFI'ECTIVE: [DATE]
Issued by:Thomas Hadden. COO
5016 Spedale Ct.#304
Spring Hill TN 37174
2.2.2 The Company may require applicants for service who intend to use the Company's
offerings tbr resale and,/or for shared use to file a letter with the Company confirming that
their use of the Company's offerings complies with relevant laws and the Public Utilities
Commission ofldaho's regulations, policies, orders, and decisions.
Simwood, lnc.
ISSUED: [DATE]
Idaho Tariff No, I
()riginal Page No. 18
D. obtaining, maintaining, and otherwise having full responsibility for all rights-of:
way and conduit necessary for installation of fiber optic cable and associated
equipment used to provide Communications Services to the Customer from the
cable building entrance or property line to the location of the equipment space
described above in Section 2.3.1.C. Any and all costs associated with the obtaining
and maintaining the righs-of-way described herein, including the costs ofaltering
the structure to permit installation of the Company provided facilities, shall be
bome entirely by, or may be charged by the Company, to the Customer. The
Company may require the Customer to demonstrate its compliance with this
section prior to accepting an order for service.
E. providing a safe place to work and complying with all laws and regulations
regtrding the working conditions on the premises at which Company employces
and agents shall be installing or maintaining the Company's facilities and
equipment. 'fhe Customer may be required to install and maintain Company
lhcilities and equipment within a hazardous area if, in the Company's opinion,
injury or damage to the Company employees or property might result from
installation or maintenance by the Company. The Customer shall be responsible
for identif,ing, monitoring, removing and disposing of any hazardous material
(e.g., fiiable asbestos) prior to any construction or installation work;
F. complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of- way
lor which Customer is responsible under Section 2.3.1 .D; and granting or
obtaining permission for Company agents or employees to enter the premises of
the Customer at any time for the purpose of installing, inspecting, maintaining,
repairing, or upon termination of service as stated herein, removing the facilities
or equipment of the Company;
G. not creating or allowing to be placed any liens or othff encumbrances on the
Company's equipmenl or facilities; and
H. making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made lor the period during which service is intemrpted for such purposes.
EFFEC'l'lVE: [DATE]
Issued by Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
I-O(]AI, AND NTEREXCHAN(;II SERVICES I'ARIFF
Simwood. Inc.Idaho Tarilf No. I
Original Page No. 19
I,OCAL AND IN'I-EREXCHANCE SERVICES TARIFI.
2.3,2 Liability of the Customer
A. 'I'he Customer will be liable for damages to the facilities of the Company and for
all incidental and consequential damages caused by the negligent or intentional acts
or omissions of the Customer, its officers, employees, agents, inviles, or contractors
where such acts or omissions are not the direct result ofthe Company's negligence
or intentional misconduct.
B. The included tarifflanguage does not constitute a determination by the Commission
that a limitation of liability imposed by the Company should be upheld in a court
ol 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.
C. To the extent caused by any negligent or intentional act of the Customer as
described in (A), preceding, the Customer shall indemnifu, defend and hold
harmless the Company Iiom and against all claims, actions, damages, liabilities,
costs and expenses, including reasonable attorneys' fees, for (1) any loss,
destruction or damage to property ofany third party, and (2) any liability incurred
by the Company to any third party pursuant to this or any other tariff of the
Company. or otherwise, for any interruption of, interference to, or other defect in
any service provided by the Company to such third party.
D. The Customer shall not assert any claim against any other Customer or user of the
Company's services for damages resulting in whole or in part from or arising in
connection with the furnishing of service under this tariff including but not limitedto mistakes, omissions, interruptions, delays, errors or other defects or
misrepresentations, whether or not such other Customer or user contributed in any
way to the occurrence of the damages, unless such damages were caused solely by
the negligent or intentional act or omission of the olher Customer or user and not
by any act or omission of the Company. Nothing in this tariff is intended either to
limit or to expand Customer's right to assert any claims against third parties for
damages ofany nature other than those desoribed in the preceding sentence.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATE]
Simwood, Inc.Idaho TariffNo. I
Original Page No. 20
LOCAL AND INTEREXCHANGII SIIRVICES TARIFF
2.4 Customcr Equipment and Channels
2..1.1 Ccneral
A user may transmit or receive information or signals via the facilities of the Company. The
Company's services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form of signal that is
compatible with the Company's equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specifically stated in this tariff.
2,4.2 Station Equipment
A. Terminal equipment on the user's premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the user. The user is
responsible for the provision of wiring or cable to connect its terminal equipment to the
Company MPOP.
B. The Customer is responsible fbr ensuring that Customer-provided equipment connected to
Company equipment and facilities is compatible with such equipment and facilities. The
magnitude and character of the voltages and currents impressed on Company-provided
cquipment and wiring by the connection, operation, or maintenance ofsuch equipment and
wiring shall be such as not to cause damage to the Company-provided equipment and
wiring or injury to the Company's employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the Company at
the Customer's expense, subject to prior Customer approval of the equipment expense
2,4.3 Intcrconnection of Facilities
A. Any special interface equipment necessary to achieve compatibility between the facilities
and equipment of the Company used for fumishing Communications Services and the
channels, facilities, or equipment of others shall be provided at the Customer's expense.
B. Communications Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the terms and
conditions of the tariffs ofthe other communications carriers which are applicable to such
connections.
Thomas Hadden. COO
5016 Spcdale Ct. #304
Spring Hill 'fN 37174
ISSUED: [DA1'E]
Issued by:
EFFECTIVE: IDA1'El
Simwood, Inc.Idaho Tariff No. I
Original Page No. 2l
LOCAL AND INTEREXCI{AN(]I.] SI]RVICES TARIFF
C. Facilities f'umished under this tariff may be connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal equipment
shall be registered by the Federal Communications Commission pursuant to Part 68 of Title
47, Code of Federal Regulations; and all user-provided wiring shall be installed and
maintained in compliance with those regulations.
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
The Company does not collect advance payments or deposit.
2.5.2 Deposits
The Company does not require deposits from Customers.
2.6 Payment Arrangements
2.6.1 Pavment for Service
A. Gcncral
The Customer is responsible for the payment of all charges for facilities rmd services
fumished by the Company to the Customer and to all Authorized Users by the Customer,
regardless ol whether those services are used by the Customer itself or are resold to or
shared with other persons.
The Customer is responsible for payment ofany use, gross receipts, excise, access or other
local, state, federal and 911 taxes, charges or surcharges (however designated) (excluding
taxes on Company's net income) imposed on or based upon the provision, sale or use of
Network Services.
Customers will only be charged once, on either an interstate or intrastate basis, for any
nonrecurring or usage based charges,
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Issued hv:
EFFECTIVE: [DATE]ISSI.JED: [DATEJ
Simwood, Inc.Idaho Tariff No. I
Original Page No. 22
LOCAL AND INTEREXCTIANGII SERVICES TARIF-F'
B. Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer, where
permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax, Gross
Receipts Tax, Idaho Telecommunications Service Assistance Program, and Universal
Service. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer
invoices.
2.6.2 Billing and Collcction of Charges
'l-he Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities fumished to the Customer by the Company.
A. Nonrecurring charges are due and payable within thirty (30) days after the invoice date,
unless otherwise agreed to in advance.
B. The Company shall present invoices for recurring charges monthly to the Customer, in
advance ofthe month in which service is provided, and Recurring Charges shall be due
and payable within thirty (30) days after the invoice date. When billing is based on
customer usage, charges will be billed monthly for the preceding billing periods.
C. The Monthly Recurring Charges are billed in advance. Monthly Recurring Charges are
accrued in full as of the first day of the billing cycle in which the service is fumished.
Therefore, the Monthly Recurring Charges are not subject to pro-rating if service is
disconnected prior to the end of a billing period.
D. Billing of the Customer by the Company will begin on the Service Commencement
Date, which is the first day following the date on which the Company notifies the
Customer that the service or facility is available for use, except that the Service
Commencement Date may be postponed by mutual agreement of the parties, or if the
service or facility does not conform to standards set forth in this tariff or the Service
Order. Billing accrues through and includes the day that the service, circuit,
.urangement or component is discontinued.
E. The Company may apply a late payment charge to Customers receiving basic or
packaged business services if any portion ofthe Customer's payment is received by the
ISSUED: [DArE]EFFECTIVE: [DATEI
Issued bv:Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 23
LoCAL AND INTEREXCHANGE SI,)RVICES I'ARIFF
Company after the payment due date, or ilany portion of the payment is received by
the "Due Before Date" in firnds which are not immediately available upon presentment.
The late payment charge shall be applied to the portion ofthe payment not received by
the date due, multiplied by a factor. The late factor shall be 1.5% per month. A Finance
Charge ol 1.5% shall apply to the outstanding balance ofcharges, as at the end ofthe
"Due Before Date", with effect from the second month after the charges are first
applied, and every month thereafter.
Collection procedures are unaffected by the application of the late payment or finance
charge. The late payment charge does not apply to final amounts.
F. The Customer will be assessed a charge of twenty dollars ($25.00) for each check or
other payment type submitted by the Customer to the Company that a bank or other
financial institution refuses to honor.
G, If service is disconnected by the Company in accordance with Section 2.7 following
and later restored, restoration of service will be subject to all applicable installation
charges.
2.6.3 Disputed Bills
A. In the event that a billing dispute occurs conceming any charges billed to the Customer
by the Company, the Company may require the Customer to pay the undisputed portion
of the bill to avoid discontinuance of service lbr non- payment. The Customer must
submit a documented claim for the disputed amount. The Customer will submit atl
documentation as may reasonably be required to support the claim. All claims must be
submitted to the Company within a reasonable period of time aller receipt of billing tbr
those services and in accordance wilh Idaho law, If the Customer does not submit a
claim as stated above, the Customer waives all rights to filing a claim thereafter.
B. Unless disputed the invoice shall be deemed to be correct and payable in full by the
Cuslomer. If the Customer is unable to resolve any dispute with the Company, then the
Customer may file a complaint with the Idaho Public Utilities Commission, 472 West
Washington, P.O. Box 83720, Boise lD 83720-0074;208-334-0300 or 1-800-432-
0369.
C. If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
ISSUED: IDATE]
Issued bv:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
EFFECTIVE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 24
LOCAL AN I] IN'I'I iRIIXCHANGE SERV ICES ]'ARI I. F'
2,7 Discontinuance of Service
2.7.1 Service may be disconnecled after seven (7) days written notice for any ofthe following
reasons:
A. The Customer did not pay undisputed delinquent bills tbr local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
B. The Customer failed to abide by the terms of a payment arrangement.
C. The Customer misrepresented the Customer's identity for the purpose of obtaining
telephone service.
D. 'fhe Company determines as prescribed by relevant state or other applicable standards
that the Customer is willfully wasting or interfering with service through improper
equipment or otherwise.
E. The Customer is using service(s) for which the Customer did not apply.
2,7.2 At least 24 hours before actual termination, the Company will attempt to contact the
Customer affected to apprize the Customer ofthe proposed termination action and steps to take
to avoid or delay termination. Service will not be terminated in the event that a formal ot
informal complaint conceming termination is filed with the Commission.
2.7.3 Service may be disconnected without notice lbr any of the following reasons
A. A condition immediately dangerous or hazardous to lif'e, physical safety or property
exists, or it is necessary to prevent a violation of federal, state or local safety or health
oodes.
B. The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C. In the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, dive(ed or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
Issued by:Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATF]I EFFEC'llVE: [DA'lE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 25
LOCAL AND IN'ItsRE,XCIIANGI SE,RVICES TARIFF
D. The Company has tried diligently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
E. The Customer has misrepresented the Customer's identifu for purposes of obtaining
telephone service and has an outstanding bill exceeding $100.
F. Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankuptcy or reorganization, or failing to discharge an involuntary petition within the
time permitted by law.
G. Upon the Company's discontinuance of service to the Customer under Section 2.7.1 or
2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision ofthis tariff, may declare all
f'uture monthly and other charges that would have been payable by the Customer during
the remainder of the term lbr which such services would have otherwise been provided
to t}re Customer to be immediately due and payable.
2.8 Cancellation of Application for Sorvice
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where
the Company permits a Customer 1o cancel an application for service prior to the start ofservice
or prior to any special construction, no charges will be imposed except for those specilied
below.
2.8.2 Where, prior to cancellation by the Customer. the Company incurs any expenses in
installing the service or in preparing to install the service that it otherwise would not have
incurred, a charge equal to the costs incurred by the Company, shall apply, but in no case shall
this charge exceed the sum ofthe charge for the minimum period olservices ordered, including
installation charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service commenced.
2.8.3 Where the Company incurs any expense in connection with special oonstruction. or
where special arrangements of facilities or equipment have begun, before the Company
receives a cancellation notice, a charge equal to the costs incurred by the Company applies. In
such cases, the charge will be based on such elements as the cost ofthe equipment, facilities,
and material, the cost of installation, engineering, labor, and supervision, general and
administralive expense, other disbursements, depreciation, maintenance. laxes. provision lor
Thomas Iladden, COO
5016 Spedale Cr. #304
Spring Hill TN 37174
ISSIJED: [DATE]
Issued bv
EFFECTIVE: [DATE]
Simwood, Inc.Idaho TariIT No. 1
Original Pagc No. 26
LOCAL AND INTEREXCTIANCE SERVICES TARIFF
return on inveshnent, and any other costs associated with the special construction or
arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and applied on a
case-by-case basis.
2.9 Changes in Servico Requested
If the Customer makes or requests material changes in circuit engineering. equipment
specifications, service parameters, premises locations, or otherwise materially modifies any
provision of the application for service, the Customer's installation fee shall be adjusted
accordingly.
2.10 Allowanccs for Interruptions in Service
Intemrptions in service that are not due to the negligence of, or noncompliance with the
provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.6.1
for the part ofthe service that the interruption affects.
2.10.1 General
A. Service Outage. A credit allowance will be given when service is intemrpted, except as
specified below. A service is interrupted when it becomes inoperative 10 the Customer,
e.g., the Customer is unable to transmit or receive, because ofa cross-talk, static or other
transmission problem, the Company will respond to a Customer's report of such a "service
outage" in accordance with IDAPA 31 .41 .01 Rule 503. Customer's bills will be
appropriately and automatically credited pursuant to the terms of Rule 503.
B, Receipt and Recording of Reports. 'l'he Company will provide for the receipt of Customer
trouble reports at all hours and make a full and prompt investigation ofand response to all
reports. The Company will maintain an accurate record of trouble reports made by its
Customers. This record will include accurate identification of the Customer or service
affected, the time, date and nature of the report, the action taken to clear the trouble or
satisry the Customer, and the date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized representatives upon request
at any time within two (2) years of the date of the record.
Thomas I{adden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSIJED: [DATEI
Issued by:
EFFEC'[|VE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 27
LOCAL AND INTEREXC]HAN(;T.] SI.,RVICI]S TARIFF
C. Repair Commitments. Commitments to the Customer for repair service will bc set in
accordance with Rule 503. The Company will make every reasonable attempt to fulfill
repair commitments to its Customers. Customers will be timely notified of unavoidable
changes. Failure to meet a repair commitment does not relieve the Company of the credited
provisions in Rule 503.01, unless the Customer fails to keep an appointment the Customer
agreed to when the original commitment was made.
D. Restoration of Service. When the Company providing local exchange is informed by a
Customer of a local exchange service outage, the Company will restore service within
fbrty-eight(48) hours after the report of the outage, except:
l. For outages reported on Thursday, the company must restore service no later than the
following Monday by 6pm.; and
2. For oulages reported on Friday, Saturday or Sunday, the company must restore service
no later than the following Tuesday by 6pm.
E. Extenuating Circumstances. Following disruption of telephone service caused by natural
disaster or other causes not within the telephone company's control and affecting large
groups of customers, or in conditions where the personal salety ofan employee would be
jeopardized, the telephone company is required to use reasonable judgment and diligence
to restore service, giving due regard for tle needs ofvarious customers. When a customer
causes the customer's own service outage or does not make a reasonable effort to arrange
a repair visit within the service restoration deadline, or when the telephone company
determines that the outage is attributable to the customer's own equipment or inside wire,
the telephone company is not required to mect the restoration timelines of Rule 502.01.
Following disruption of local exchange service caused by natural disaster or other causes
not within the Company's control and affecting large groups of Customers, or in conditions
where the personal safety on an employee would be jeopardized, the Company is not
required to provide the credit rel-erred to in Subsection 503.01 as long as it uses reasonable
judgment and diligence to restore service, giving due regard for the needs ol various
Customers and the requirements of the telecommunications service priority (TSP)
program. When a Customer causes the Customer's own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or when
the Company determines that the outage is attributable to the Customer's own equipment
or inside wire, the Company is not required to provide to that Customer the credit referred
to in Subsection 503.01.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 28
LOCAL ANI) INTEREXCHAN(iE SIIRVICES I'ARIFF
F. Compliance Standard. Each month at least ninety percent (90%) of out-of-servicc trouble
reports will be cleared in accordance with Subsection 503.01 and 503.02. The Company
will keep a monthly service record as described in Subsection 502.01 and will notifo the
Commission whenever the record indicates the ninety percent (90%) level has not been
met fbr a period ofthree (3) consecutive months.
2.1I Cancellation of Service/Term ination Liability
Ifa Customer cancels a Service Order or terminates services before the completion ofthe term
for any reason whatsoever other than a service intemrption (as defined in Section 2.10.1
above), the Customer agrees to pay to the Company termination liability charges, as defined
below. These charges shall become due as of the effective date of the cancellation or
termination and be payable within the period, set forth in Section 2.6.2.
2.1 l.l Termination Liability
The Customer's termination liabitity for cancellation ofservice shall be equal to
A. all unpaid Non-Recr.rring charges reasonably expended by the Company to establish
service to the Customer; plus
B. any disconnection, early cancellation or termination charges reasonably incuned and paid
to third parties by the Company on behalfofthe Customer; plus
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed flees, surcharges. etc., which accrue up
to the cancellation date. Customers that cancel the primary local exchange line will have the
entire Account disconnected, including any secondary line and all associated features. In the
event the Customer executes a term commitment agreement with the Company, the Customer
must cancel service and terminate the agreement in accordance with the agreement terms.
ISSUED: [DA'lEl EIrF'ECTIVE: [DATE]
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill 'IN 37174
C. minus a reasonable allowance for costs avoided by the Company as a direct result ofthe
Customer's cancellation.
Simwood, Inc.Idaho Tariff No. I
Original Pagc No. 29
2.13'l'ransfers and Assignments
Neither the Company nor the Customer may assign or lransf'er its rights or duties in connection
with the services and facilities provided by the Company without the written conscnt of the
other party, except that the Company may assign its rights and duties:
A. to any subsidiary, parent company or aftiliate of the Company; or
B. pursuant to any sale or transfer of substantially all the assets ofthe Company; or
C, pursuant to any financing, merger or reorganization ofthe Company.
2.14 Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual,
apparent, or implied authority to use the network, obtains the Company's services provided
under this tariff.
2,14.1 Customer Liability for Fraud and Unauthorized Use of Company calling card.
A. The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company calling card, ifsuch a card is offered by the Company, or
an accepted credit card, provided that the unauthorized use occurs before the Company
has been notified.
B. A Company calling card is a telephone calling card issued by the Company at the
Customer's request, which enables the Customer or user(s) authorized by the Cuslomer
to place calls over the Network and to have the charges for such calls billed to the
Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied lirr
and received, or has signed, used, or authorized another person to use to obtain credit.
Any credit card issued as a renewal or subslitute in accordance with this paragraph is
an accepted credit card when received by the cardholder.
C. The Customer must give the Company written or oral notice that an unauthoriz.ed use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
ISSUED: [DA'I'E]EFFECTIVE: [DATEI
Issued bv 'l'homa-s Hadden. COO
5016 Spedale Ct. #304
Spring Hill I'N 37174
LOCAL AND INTEREXCHANGE SERVIC]ES TARIFF
Simwood, Inc.Idaho TariffNo. I
Original Page No. 30
LOCAL AND INTEREXCHANGE SERVICIIS TARIFF
D. 'l'he Customer is responsible for payment of all charges for calling card services
fumished to the Customer or to users authorized by the Customer to use service
provided under this tariff, unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse ofthe Customer's sen'ice
or Customer-provided equipment by third parties, the Customer's employees, or the
public.
The liabiliry ofthe Customer for unauthorized use ofthe Network by credit card fraud
will not exceed the lesser of fifty dollars ($50.00) or the amount of money, property,
labor. or services obtained by the unauthorized user before notificalion to the Company.
2.15 Use of Customer's Seruice by Others
2.15.1 Joint Use Arrangements
Joht use arrangements will be permitted for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsiblc for the
manner in which thejoint use ofthe service will be allocated. The Company will accept orders
to start, rearrange, relocate, or discontinue service only from the Customer. Without alfecting
the Customer's ultimate responsibility for payment of all charges fbr the service, each joint
user shall be responsible for the payment of the charges billed to it.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company
shall mail or deliver all notices and other communications, except that Customer may also
designate a separatc address to which the Company's bills lor service shall be maited.
2.16.3 The Company shall designate on the service order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may designate
a separate address on each bill for service to which the Customer shall mail payment on that
bill.
2,16.4 Except as otherwise stated in this tariff, a notices or other communications required
to be given pursuant to this tariffwill be in writing. Notices and other communications of either
party, and all bills mailed by the Company, shall be presumed to have been delivered to the
other party on the third business day fbllowing placement of the notice, communication or bill
ISSUED: IDA'IIrl EFFEC'l'lVE: [DAI'E]
Issued by:Thomas Hadden. COO
50i6 Spedale Ct. #304
Spring Hill TN 37174
Simwood, Inc.Idaho Tariff No. I
Original Page No. 3l
LOCAI. AND INTEREXCTIANGE SERVICES TARIFF
with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
2.16.5 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, otler communications or billing, by following the procedures
for giving notice set lorth herein.
2.17 Universal Emergency Telephone Number Service (911)
l)niversal Emergency Telephone Number Service (91I Service) is an arrangement of Company
central office and trunking facilities whereby any telephone user who dials the numbers 9l I will
reach the emergency report center for the telephone from which the number is dialed or will be
routed to an operator if all lines to an emergency report center are busy. lf no emergency report
center Customer exists for a central office entity, a telephone user who dials the number 9l I will
be routed to an operator. No call-specific charges apply to 9l I calls.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued bv:
EFFECTIVE: [DATE,]
Simwood, lnc.Idaho Tariff No. I
Original Page No, 32
LOCAL AND INTEREXCHANGE SI]RVICES TARIFf'
SECTION 3 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipmenl
throughout the State of ldaho.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISStJED: IDATE]
Issued by:
EFFECTIVE: IDATE]
Simwood, lnc.
LOCAI, AND INTEREXCHANCII SERVICES TARIII-'
SECTION 4. SERVICE CHARCES AND SURCHARGES
4.1 Senice Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in
servlce.
4.1.1 Scrvice Order Charges
Primary [,ine Connection Charge - applies to requests for initial conneclion or
establishment oftelephone service to the Company.
Secondary Line Connection Charge - applies to the second or additional line of a new
access line installation and connection and customer requests for an inside move, change
or addition to regular service. This charge applies only when the second or additional line
is ordered simultaneously wilh the initial connection for service.
Service Order Charge - applies to connection ofnew lines and to service orders associated
with Customer requests lor changes in service, moves and the addition of services,
including oalling features.
{.1.2 Rates
Charge Prico
Featurc Add or Change $10.00 per Order
Basic Scrvice Change $10.00 per Order
Estabtishing or Re-arranging Hunting $10.00 per Order
Directory Listing Change $ 10.00 per Order
Invoicc Change $25.00 per Order
Transfer of Service $25.00 per Order
Telephone Number Change $25.00 per Order
Line Signaling Change $25.00 per Order
Vanitl, Number Search $25.00 per Order
Establishing Dual Service $25.00 per Order
Expedite Service Charge (LWC//L[NE)$50.00 per Order
Expedite Service Charge (Facilities)$200.00 per Day per Line
Thomas I{adden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISStiED: IDATE]
Issued by:
EFFECTIVE: [DATE]
Idaho Tariff No. I
Original Page No. 33
Simwood, Inc.Idaho Tariff No. I
Original Page No. 3.1
LOCAL AND INTEREXCHANGE SL,RVICES TARIFF
,1.2 Restoral Charge
A restoration oharge applies to the restoration of suspended service and facilities because of
nonpayment of bills and is payable at the time that the restoration ofthe suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of
service, service is later re-installed.
Restoration alter temporary denial, but prior to
completion oforder to discontinue service
Busincss
$ 10.00
4.3 Premisc Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble
resolution require a visit to the Customer's premises. This charge applies in addition to the
Technician Dispatch Charge.
4.4 Carrier Prcsubscription
4.4.1 General
Carrier Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLATA and
interLATA toll calls. Such calls are automatically directed to the designated carrier,
without the need to use carrier access codes or additional dialing to direct the call to the
designated carrier. Presubscription does not prevent a Customer who has presubscribed to
Thomas I ladden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
595.00 CircuiDaExpedite Service Charge ('l'l Circuits)
Business
Timc and Matcrials $30.00
Aftcr-hours 'l'ime and Materials $100.00
Installation Charges - I st Hour $ 130.00
Repair Charge - lst l/2 Hour s 165.00
Repair Charge -Each Add'l li2 Hour $30.00
Trip Charge $ I 00.00
ISSUED: [DAl'E]
Issued by:
EFFECTIVE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 35
LOCAL AND INTEREXCI{ANGE SERVICES TARIFF
an InhaLATA or [nterLATA toll carrier from using carrier access codes or additional
dialing to direct calls to an alternative long distance carrier on a per call basis.
4.4.2 Presubscription Options - Customers may select the same carrier or separate
carriers for intral,ATA and interLATA long distance. The following options for long
distance Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLATA
and InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carrier for
IntraLA'l'A calls subject to presubscription zrnd some other carrier as the presubscribed
carrier for interLATA toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intral-A'l'A toll
calls subject to presubscription urd the Company fbr interLATA toll calls subject to
presubscription.
Option D: Customer may select the carrier other than the Company for both intraLATA
and interlATA toll calls subject to presubscription
Option F: Customer may select a carrier other than the Company for no presubscribed
carrier for intraLATA toll calls subject to presubscriplion which will require the
Customer to dial a carrier access code to route all intraLATA toll calls to the carrier of
choice for each call.
,1.4.3 Rules and Regulations
Customers of record will retain their primary interexchange carrier(s) until they request
that their dialing arrangsments be changed.
Customers of record or new Customers may select either Options A, B, C, D. E or F fcrr
intralATA Presubscription.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary
intraLATA interexchange carrier. The other carrier to be the Customer's primary
interLATA inlerexchange carrier.
Simwood, Inc.ldaho Tariff No. I
Original Page No. 36
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Customers may change their selected Option and/or presubscribed toll carrier at any time
subject to charges specified in 4.5.5 below:
4,4.4 Presubscription Procedures
A new Customer will be asked to select intraLATA and interLATA toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer's order for service. All new Customers' initial requests
lor intraLATA toll service presubscription shall be provided free ofcharge.
If a new Customer is unable to make selection at the time the new Customer places an order
to establish local exchange service, the Company will read a random listing ofall available
intraLATA and interLATA carriers to aid the Customer in selection. lf selcction is still not
possible, the Company will inform the Customer that he/she will be given 90 calendar days
in which to inibrm the Company ofhis/her choice for primary toll canier(s) free ofcharge.
Until the Customer inlbrms the Company of his/her choice of primary toll carrier, the
Customer will not have access 10 long distance services on a presubscribed basis, but rather
will be required to dial a canier access code to route all toll calls to the carrier(s) ofchoice.
Customers who inform the Company of a choice for toll carrier presubscription within the
90-day period will not be assessed a service charge for the initial Customer request-
Customers of record may initiate a intraLATA or interLATA presubscription change at
any time, subject to the charges specified in 4.5.5 below. Ifa Customer of record inquires
ofthe Company ofthe carriers available lbr toll presubscription, the Company will read a
random listing ofall available intraLATA carriers to aid the Customer in selection.
4.4.5 Presubscription Charges
A. Application of Charges
After a Customer's initial selection for a presubscribed toll carrier and as detailed in
above. for any change thereafter, an Presubscription Change Charge, as set lor the
below will apply. Customers who request a change in intraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
B. NonrecurringCharges
Per business tine $10.00
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSIJED: [DA'I'E]
Issued by:
EFFECTIVE: IDA]trl
Simwood, lnc.Idaho Tariff No. I
Original Pagc No. 37
LOCAL AND INTEREXCHANGE SERVICI]S TARI}-F
5.1 (leneral
5.1.1 Call Timing for Usage Sensitive Services
Idnho TariffNo. I Section 5 Original Page I
Where charges fbr a service are specilied based on the duration of use, such as the duration of
a telephone call, the following rules apply:
5.1.1 Calls are measured in durational increments identified lbr each service. All calls
which are fractions ola measurement increment are rounded-up to the next whole unit.
5.1.2 Timing on completed calls begins when thc call is answered by thc called party.
Answering is determined by hardware answer supervision in all cases where this signaling
is provided by the terminating local carrier and tury inlermediate carrier(s).
5.1.3 Timing terminatcs on all calls when the calling party hangs up or the Company's
network receives an olT-hook signal from the terminating carrier.
5.1.4 Calls originating in one time period and terminating in another will be billed in
proportion to the rates in effect during different segments ofthe call.
5.t.5 All times refer to local time
5.1.2 Calculation of Distance
The Company does not oll'er services rated by distance
5.1.3 Time of Dav
The Company does not offer services rated hy time of day.
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSI.IED: IDATEI
Issued bv:
EFFh,C'l'lVE: IDATE]
SECTION 5 - LOCAL EXCHAN(;E SERVICE
Simwood, Inc.Idaho Tariff No. I
()riginal Page No. 3ll
LOCAL AND INTIIRI]XCHANGE SERVICES TARltil'
5.2 Simwood Products
5.2.1 Business Exchange Access Lino Service
Monthly'
Rate
Each Line ti32.00
5.2.2 Optional f,'eatures
Monthly Per Access Line
Anonymous Call Rejection
Call Forwarding
Call Retum
Call Waiting
Caller ID
Repeat Dialing
Speed Calling (8-Code)
Speed Calling (3O-Code)
Three-Way Calling
Toll Restriction
$3.95
$3.95
$4.6s
s3.95
$9.00
$4.4s
$3.9s
$4.9s
$3.95
$4.05
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DATE]
Issued by:
EF'F-ECTIVE: [DATE]
Simwood, Inc.Idaho Tariff No. I
Original Page No. 39
I,OCAL AND IN'I'L,REXCI IAN(JE SERVICES TARIFII
5.2.3 Directory Listings
Nonrecurring
Charge
Monthll'
Rate
F'irst Listing
Each Additional Listing
Non-Published Number, per Line
Non-Listed Number, per Line
Change in Directory Listing
$0.00
$1.60
$3.15
$1.60
$18.00
5.2.4 Directory Assistancc
Directory Assistance, Each Call
Directory Assistance Call Completion, Each Call
Per Call
$0.40
$3.9s
5.2.5 Directory Assistance
Operator Service Charges Per call
- Operalor Station
- Person-to-Person
$2.05
$4.40
Thomas Hadden, COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: IDA'l'LI
Issued by:
EFFE(lTIVF,: IDA'I'F] |
Simwood, Inc.Idaho TariffNo. I
Original Page No. 40
I,OC]AI, AND INTERIIXCHANGE SERVICES TARIFF
5.2.5 Busy Line Verification and Intermpt Service
Busy Line Verification, each request $0.95
Busy l-ine lnterrupt, each request $1.40
NOTE: A Busy Line Verification charge also applies for each Busy Line lntemrption
5.2.6 Direct lnward Dial (DID) Sen'ice
Nonrecurring MonthlyCharge Rate
DID Trunk Termination $45.00 $23.40
Per Block of 20 DID Numbers, each $432.00 $3.05
NOTE: The nonrecurring charge applies to the first group of DID numbers assigned to a
customer per occasion.
5.2.7 Individual Case Basis (ICII) Arrangements
Arrangements will be developed on a case-by-case basis in response to a bona fide request
lrom a Customer or prospective Customer to develop a competitive bid for a Service. Rates
quoted in response to such competitive requests may be different than those specified for
such Services in this Tariff. ICB rates will be offered to the Customer in writing and on a
non-discriminatory basis.
8.1 Individual Case Basis (lCB) Arrangements
Individual Case Basis (lCB) Anangements Anangements will be developed on a case-by-
case basis in response to a bona fide request from a Customer or prospective Customer to
develop a competitive bid for a Service. Rates quoted in response to such competitive
requests may be different than those specified for such Services in this Tariff. ICB rates
will be offered to the Customer in writing and on a non-discriminatory basis.
ISSUED: [DA1'tsJ EFFECTIVE: TDATEI
Issucd hv:'l'homas Haddcn, COO
5016 Spedale Ct. #304
Spring l{ill TN 37174
Simwood, Inc.Idaho Tariff No. 1
Original Pagc No. 4l
LOCAL AND INTEREXCHANGE SERVICES TARII.'F
At the option ofthe Company, services may be oft'ered on a contract basis to meet specialized
pricing requirements of the Customer not contemplated by this tariff. The terms ol each
contract shall be mutually agreed upon by the Customer and Company and may include terms
which are different from those contained in this tarilfor different rates from those contained
herein or discounts offofrates contained herein and waiverofrecurring, nonrecurring, or usage
charges- The terms ofthe contract may be based partially or completely on a term and volume
commitment, typeofaccess arrangement, mixture ofservices, or other distinguishing features.
Unless otherwise specified, the contractual regulations for such arrangements are controlling
as explained al Page 4, Application of Tariff.
Thomas Hadden. COO
5016 Spedale Ct. #304
Spring Hill TN 37174
ISSUED: [DAT|.]
Issued by:
EFFECTIVE: IDAl'tll
AFHDAYIT
STATE OF TENNESSEE $
$
$COUNTYOFMAURY
1.
Simwood, Inc.
My name is Thomas Hadden; I am Chief Operating Officer of Respondent
2. I swear or affirm that I have read the foregoing Application md know the contents
thereof and that the same are true of my information and belief.
3. Simwoo4 Inc. has also reviewed all of the Commission's Rules and agre€s to
complywiththem.
f ,. //,
L)#t-aan /J ru-odJls
see
My commission expires:
....-;b,Yg;z: i -.5.r i -=
=1mt::..rrrrrAn*SS
SWORN TOAND SUBSCRIBED beforemeonthe .X, I dayof n.,--*h,r, 2019.