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HomeMy WebLinkAbout20200501Application.pdfldaho Public Utilities Commission Oflice of the Secretary RECEIVED MAY 0 I 2020SMITH + MALEJ$G ATTO R N EYS Boise,ldaho TAUREN STI\6ER l4EtAssistsnt lruren @sm ithmalelccom Admitted ln ldaho end Wsshington May t,2020 sLr- 7- 1o-E/ Via U.S. Mait ldaho hrbtic Utitities Commission tl33t W. Chinden Btvd., Ste. 201-a Boise,lD 83714 Re: Apptication & Exhibits To Whom it May Concern, On May 1, 2020, I submitted the originat Application and Exhibits to Diane Hanian at diane.hanian@puc.idaho.gov. Enclosed please find 7 copies of Safetink lnternet, LL.Cis CLEC Application and Exhibit B. In addition to the 7 copies enclosed, I separately mailed Exhibit A which contains confidentiat information. lf you have any questions or need additional information, please contact me. Sincerety, /s/ Lauren Smrrser I.AUREN SMYSER 601 E. FRONT AVENUE I SUITE 304 | COEUR DALENE, rD 85814 I P. 208.215.241t I F.2O8.215.2416 ldaho Public Utilities Commission Office of lhe SecretarvRECEIVED MAY 0 I 2020 Boise, ldaho Safelink Internet, L.L.C. May 1,2020 I. PROPOSED SERVICES Safelink Internet, L.L.C. ("Safelink") will be providing communications solutions to enterprise, carrier, governmental and residential customers. Safelink will deliver services to customers through Voice over Internet Protocol Phone Service ("'l&IP") and Fax. APPLICATION FOR CERTIFICATION SAFELTNK TNTERNET, L.L.C. 2 II. FORM OF BUSINESS Safelink is a limited liability company, formed and operating in accordance with the laws of the State of Idaho. The principal office of Safelink is located at 906 S. Oneida Street, Suite 8, Rupert, ID 83350. CURRBNT PARTNERS CURRENT OFFICERS APPLICATION FOR CERTIFICATION SAFELTNK INTERNET, L.L.C. J Name Address Jacob Larsen, Chief Executive Officer 906 S. Oneida Street, Suite 8 Rupert, ID 83350 Mike Ricks, Chief Operating Officer 906 S. Oneida Street. Suite 8 Rupert, ID 83350 Kevin Neal, Director of IT 906 S. Oneida Street, Suite 8 Rupert, ID 83350 Name Address Jacob Larsen, Chief Executive Officer 906 S. Oneida Street. Suite 8 Rupert, ID 83350 Mike Ricks, Chief Operating Officer 906 S. Oneida Street, Suite 8 Rupert,ID 83350 Paul Helton, Director of Sales 601 W. l9th Street, Suite #lD Idaho Falls, ID 83402 Jasen Herr, Director of Field Operations 906 S. Oneida Street, Suite 8 Rupert, ID 83350 Nicholas Owings, Director of Marketing 601 W. lgth Street, Suite #lD Idaho Falls, ID 83402 Kevin Neal, Director of IT 906 S. Oneida Street. Suite 8 Rupert,ID 83350 Safelink has no other ownership or management interests. The following are subsidiaries of Safelink: Northwest Datacom 601 W. l9th Street, #lD Idaho Falls,ID 83402 Dynamite Wireless 601 W. l9th Street,#lD Idaho Falls,ID 83402 APPLICATION FOR CERTIFICATION SAFELINK INTERNET, L.L.C. 4 III. TELECOMMUNICATION SERVICE Safelink has the technical qualifications to provide the proposed services in Idaho. Safelink services include: Voice over Internet Protocol Phone Service ("IfuIP") and Fax as well as other individual products. Safelink has been providing wireless internet services since 1997, and began providing VoIP in 2000. APPLICATION FOR CERTIFICATION SAFELINK INTERNET, L.L,C. 5 fV. SERYICE TERRITORY Safelink offers services throughout Southern Idaho. The ILECs with whom Safelink would compete include: . Century Link o Frontier . Farmers Mutual . DirectCommunications . Rural Phone Company o Project Mutual Telephone . Filer Mutual . Blackfoot o Silverstar . Albion Telephone Company . Midvale . Cambridge Telephone Company Safelink is a facilities-based telecommunication company with wireless towers and fiber delivery. APPLICATION FOR CERTIFICATION SAFELTNK TNTERNET, L.L.C. 6 V. FINANCIAL INFORIVIATION Current detailed balance sheets, including income and profit and loss statements of Safelink, are attached to this Application as BhiDilA, Exhibit A is CONFIDENTIAL. APPLICATION FOR CERTIFICATION SAFELTNK TNTERNET, L.L.C. 7 VT. ILUSTRATIVE TARIFF FILINGS A proposed initial tariff and price sheet, seffing forth the rates, rules, terms, and regulations applicable to Safelink's VolP and fax services, is attached to this Application as Exhibit B. APPLICATION FOR CERTIFICATION SAFELINK INTERNET, L.L.C. 8 Vil. CUSTOMER CONTACTS Consumer Inquiries and Complaints Safelink can be contacted at the following telephone and address for establishment of service, billing, technical support, and other customer service matters: Mailing Address:P.O. Box 30 Rupert,ID 83350 Headquarters: 906 S. Oneida St, Ste 8 Rupert,ID 83350 Commission Staff Contact Safelink can be contacted at the following telephone and email address for resolving complaints, inquiries, and matters concerning rates and price lists: Phone: Toll Free Phone: Email: Contact: Phone: Email Address: (208) 677-8000 (888) 6e2-s776 bil ling@safel inkintemet. com Anissa Paz (208) 677-8000 cr@ safe linkinternet. com APPLICATION FOR C ERTIFICATION SAFELINK INTERNET, L.L.C. 9 V[I. INTERCONNECTION AGREEMENTS Safelink has not entered into any interconnection agreements at this time. Safelink is currently utilizing existing agreements through VoIP innovation for connectivity to the Public Switched Telephone Network. APPLICATION FOR CERTIFICATION SAFELTNK TNTERNET, L.L.C. l0 IX. COMPLIANCE WITH COMMISSION RULES Satilink has read. reviewed. and herehy- agrees to comply rvith all of the ('ommission rulcs. f'ursuant to Commission Order No. 30425- Safblink acknnvl'ledges that non-paeing tclccomntunications carriers with telephone numbering rcsources in ldaho shall be subject to numbering conservation measures including mandatory one thousand ( 1,000) block pooling. Bt': Name: lts: Jacob Larsen Chief Executit'e 0tlicer A PPLICATION FOR CERTITTCATION SAFET-INK INTERNET. L.L.C. il X. ESCROW ACCOUNT OR SECURITY BOND Safelink is exempt from a performance bond as it will not offer prepaid service or require customer deposits or advance payments. APPLICATION FOR CERTIFICATION SAFELINK INTERNET, L.L.C. t2 EXHIBIT B SAFELINK INTERNET, L.L.C. Schedute of GENERAL REGUI-ATIONS FOR EXCHANGE SERVICES Appl.ying to the Locat Exchange Services and Facil.ities of this Company in the State of ldaho This Price List contains the rates, terms, and conditions appticable to the services provided by Safelink lnternet, L.L.C. within the State of ldaho. lssued:Effective: SAFELINK INTERNEI, L.L.C. PRICE LIST: t CHECK SHEET Current sheets in the price list are as fo[[ows: Sheet Revision L 2 3 4 5 6 7 8 9 10 LL L2 L3 L4 15 L6 L7 18 t9 20 2L 22 23 Originat OriginaL Originat OriginaI OriginaI Original. Originat OriginaI Original. Originat OriginaL Original. Original. Original. OriginaI Originat 0riginat Original. Originat OriginaI Original. Original, OriginaI SAFELI NK INTERNET, L.L.C. PRICE LIST:2 TABLE OF CONTENTS TITLE PAGE CHECK SHEET TABLE OF CONTENTS APPLICATION OF PRICE LIST SYMBOLS CONTACT INFORMATION SECTION 1.0 - DEFINITIONS sECflON 2.0 - REGUI.ATIONS SECTION 3.0. LOCAL EXCHANGE SERVICES SECTION 4.0 - RATES AND CHARGES SAFELI NK I NTERNEI, L,L.C. PRICE LIST:5 1 2 3 4 5 6 7 8 22 23 APPLICATION OF PRICE LIST Safetink lnternet, L.L.C. (hereinafter "Comoany") has been authorized by the ldaho PubLic Util.ities Commission fldaIO_PUg) to provide competitive locat exchange and interexchange services. This Price List sets forth the service offerings, rates, terms, and conditions applicabte to the furnishing of tocal exchange services to residentiat and sma[[ business customers within the State of ldaho. The rates and rutes contained herein are subject to change pursuant to the rules and regulations of the ldaho PUC. This Price List is on file with, and covers the use of the services subject to the ldaho PUCb jurisdiction. SAFELINK INTERNEI, L.L.C. PRICE LIST:4 SYMBOLS The foLl.owing symbol.s shaLl, be used as set out below to describe specific changes made to the originaI Price List. C lndicates a changed [isting, ru[e, or condition, which may affect rates or charges D lndicates discontinued materia[, including a I'isting, rate, rute, or condition I lndicates an increase M lndicates that the material has been relocated to another part of price tist schedules with no change in text, rate, rute or condition N lndicates new materiaL incLuding listing, rate, ru[e, or condition R lndicates a reduction T lndicates a change in wording of text, but not a change in rate, rute, or condition' SAFELINK INTERNET, L.L.C. PRICE LIST:5 CONTACT INFORMATION Headquarters: 905 S. Oneida St., Ste 8 Rupert,lD 85550 Phone: (208) 577-8000 Customer Contact For establishment of service, complaints, and inquiries regarding service and bit[ing, or reporting or inquiring about network outages or seryice prob[ems: Mail.ing Address: P.O. Box 30 Rupert, lD 85550 Phone: To[[ Free Phone: Fax: Emait: (208) 577-8000 (888) 692-s775 (888) 475-6e08 bi tti ng @safe[i nki nternet.com Commission Contact For complaints, inquiries, and matters concerning rates and price lists: Name: Anissa Paz Phone: (208) 577-8000 Emai I Address: cr@safe[inki nternet.com Regutatory Contact For matters concerning tariffs and regulatory affairs: Name: Mike Ricks Phone: (208) 577-8000 Emai t Address: cr@safe[i nki nternet.com SAFELINK INTERNET, L.L.C. PRICE LIST:5 SECT!ON 1.0 . DEFINITIONS The fo11owing words and terms when used in this Price List shaLl. have the meaning set out by this section. Agent: A business representative authorized by the company to bring about, modify' affect' accept performance of, or terminate contractuat obtigations between the Company and its Applicants or Customers. Appticant: A person who appl.ies for tetecommunications service. lncLudes persons seeking reconnecti on of service after compa ny- i nitiated termi nati on. Company: Safel.ink lnternet, L'L'C. Customer: The person, firm, or corporation that orders service and is responsibLe for the payment of charges for that service and for compliance with the company's regutations related to that service' ldaho PUC: ldaho PubLic UtiLities Commission' Price List: This instrument, containing the rates, terms, and conditions appticabLe to the services provided by company within the state of ldaho, fil.ed with the ldaho PUC' Recurring charges: The charges to a customer for services, facil'ities and equipment' which recur monthl.y for the agreed upon duration of the service' services: The services provided by company to customers, as set out in further detaiI in section 3 of this Price List. A[so referred to as "services" or "service" throughout' SAFELI NK tNTERNET, L.L.C PRICE LIST:7 SECTION 2.0 . REGUI.ATIONS 2.1, Undertaking of the Company Company undertakes to furnish locat exchange communications services pursuant to the terms of this Price List. The services offered herein may be used for any lawful purpose. There are no restrictions on sharing or resale of Company's services. However, Customer remains liable for al.[ obLigations under this Price List even if such sharing or resate arrangements exist, regardless of Company's knowledge of these arrangements. Customer sha[[ be responsible for atl charges due and costs incurred as a resu[t of any service arrangement. lf services are jointly ordered by more than one Customer, each is jointl.y and several.Ly Liabte for a[[ ob[igations. Charges for insta[[ations, service connections, moves, and rearrangements, where applicabte, are payable upon demand by the Company or its authorized agents. The bil.l.ing thereafter witl inctude recurring charges and actual usage as defined in this Price List. The services Company offers shatt not be used for any unlawful purposes or for any use for which Customer has not obtained a[[ required governmentaI approvals, authorizations, licenses, consents, and permits. Company 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 any price lists or tariffs of such other communications carriers. The services of Company are furnished subject to the transmission capabiLities of the technologies or combination of technologies avaitab[e. Services are avaitabte twenty-four hours a day, seven days a week, subject to the limitations further set out herein. 2.2 Shortage of Equipment or Facilities The furnishing of services under this Price List is subject to the availability on a continuing basis of aLl. facitities and equipment necessary to provide the services. Customer shat[ be responsib[e for the use and compatibility of equipment or software not provided by Company. lf Customer's equipment or software not provided by Company impairs the Customer's use of the services, Customer sha[[ nonetheless be Liable for payment of the services. Upon notice from Company that the equipment or software not provided by Company is causing or is Likel.y to cause hazard, interference, or service obstruction, Customer sha[[ immediatel.y pursue a way to correct the issue or potentiat issue. Customer equipment may be used with Company faciLities and equipment. Company does not provide customer equi pment. SAFELINK INTERNET, L.L.C. PRICE LIST:8 2.3 Limitations company reserves the right to discontinue or limit service when necessitated by conditions beyond its controt, or when customer is using service in viotation of provisions of this Price List, or in vioLation of the 1aw. company wil.l, not be LiabLe for errors in transmission or for fail.ure to estabtish connections. company is responsibLe for the provision of services from station to station' company is not responsibl.e for the qual.ity of transmission or signal'ing on the customer's side of the interface at a customer's premises. 2.4 NotificationofService-AffectingActivities subject to the Limitations in this section 2.4, Company wil'L provide customer with reasonable notification of service-affecting activities that may occur during the norma[ operation of its business. Such activities may include, but are not Limited to, equipment or facilities additions' remova[s or rearrangements and routine preventive maintenance. GeneraLl'y, such activities are not specific to an individuar. customer but affect many customers' services. No specific advance notification period is appl,icabl.e to al.L service-affecting activities. Notification to customer may not be possibLe with some emergency or unplanned service-affecting conditions' such as an outage resul.ting from cable damage. 2.5 Provision of Equipment and Facilities 2.5.1 Company sha11 make a reasonable effort to provide services to Customer, subiect to (i) avaiLability of facitities; (ii) avaitabil.ity of bitting; and (iii) the provisions of and compliance by Customer with the regulations contained in this Price List' Company sha[[ instatl equipment and/or software for operation and maintenance of services at Customer's Location. The equipment and any license fees associated with software installed at customer's location remains the property of company and wiLL be returned to company within thirty (30) days of termination' 2.5.2 Company shal,[ make a reasonable effort to maintain equipment that it furnishes to the Customer. Customer sha[], not, and Customer shaLt not permit others to' rearrange' disconnect, remove, attempt to repair or otherwise interfere with any of the equipment instal,l.edbyCompany,exceptuponthewrittenconsentofCompany' SAFELI NK I NTERN ET, L.L.C. PRICE LIST:9 2.6 Terms and Conditions 2.5.1 Service is provided on a minimum term basis of at teast one month, using 24-hours per day for each day of the month. For purposes of this Price List, a month is considered to have thirty days. Al.l. catculations of dates set forth in this Price List sha[[ be based on calendar days, unless otherwise specified herein. 2.6.2 This Price List sha[[ be interpreted and governed by the laws of the State of ldaho and the Rules issued by ldaho PUC. 2.7 Non-Routine lnstallation and Special Construction 2.7.1 Non-Routine lnstallation. At Customer's request, installation and/or maintenance may be performed outside Company's regutar business hours or in hazardous locations. ln such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to Company witl. appl.y. 2.7.2 SpeciaI Construction. Subject to the consent of Company, speciaI construction of facil.ities may be undertaken on a reasonable effort basis at the request of Customer. Special. construction may include such construction undertaken: 1) where facil.ities are not presently availabte; of a type other than that which Company would normally utilize in the furnishing of its services; over a route other than that which Company wou[d norma[[y utilize in the furnishing of its services; in a quantity greater than that which Company would normalty utilize in the furnishing of its services; 5) on an expedited basis; 6) on a temporary basis until permanent facilities are available; involving abnormaI costs; or in advance of normaI construction SAFELTNK TNTERNEI L.L.C. PRICE LIST:10 2) 5) 4) 7) 8) Special. construction wil.L be undertaken at the discretion of Company, consistent with budgetary responsibil.ities and consideration for the effect on Company's other Customers and contractuaI responsi bi I'ities. 2.8 OrnershiP of Facilities Titl.e to al.t faciLities and equipment, and retated plans and proposats, provided by company in furnishing service remains with Company, its Agents or contractors. Such facitities and equipment, pLans and proposals shaLL be returned to company by customer whenever requested, within a reasonable period fottowing the request and in good condition, accounting for reasonabte wear and tear. 2.9 Rights-of'WaY provisioning of Company's services is subject to and contingent upon Company's abitity to obtain and maintain rights-of-way and access to publ.ic and private property necessary for instaltation of the facilities used to provide Company's services to Customer's service point as agreed to by Company. z.LO Liabitity Z.IO.L Company's Liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission which occur in the course of furnishing services or facil.ities, shal.l, be determined in accordance with ldaho PUC regulations and any other applicabLe [aw. Z.LO.Z The LiabiLity of Company for any claim, [oss, expense, damage, or liability (incl'uding indirect, specia[, or consequentiat damage) for any interruption, de[ay, error, omission, or defect in any service, facil.ity or transmission provided under this Price List shalL not exceed an amount equivalent to the proportionate charges to customer for the period of service or the facil.ity provided during which such interruption, detay, error, omission, or defect occurs' 2.lO.S Company shau, not be Liabte for any claim or [oss, expense or damage (incLuding indirect, special, or consequentiaL damage), for any interruption, de[ay, error' omission' or defect in any service, facil.ity or transmission provided under this Price List, if caused by any person or entity other than Company, by any malfunction of any service or facility provided by any other carrier, by an act of God, force majeure, pandemic, fire, flood, war, civil disturbance, or act of government, or by any other cause beyond Company's controL 2.10.4 The services are provided on an "as is" and "as availabte" basis and Company does not warrant against any loss or damage as the resutt of interruption of services. No advice or information given by Company, its affil.iates or contractors, or their respective employees sha1L create a warranty. Neither Company nor its affil,iates or Agents warrant that the SAFELINK INTERNET, L.L.C. PRICE LIST:11 services shall. be uninterrupted or error-free or that any information, software, or other materiaI accessible on the services are free of viruses or other harmfuI components. 2.10.5 lf Customer is dissatisfied with the services or with any terms, conditions, ru[es, policies, guidelines, or practices of Company in operating the services, Customer's sole and exclusive remedy is to terminate the services in accordance with Section 2.17 of this Price List. 2.L0.6 No LiabiLity sha[[ attach to Company by reason of any defacement or damage to Customer's premises resutting from the existence of Company's equipment or facilities on such premises, or by the installation or removaI thereof. 2.L0.7 Company sha[[ not be liabl.e for any claim, [oss, expense, or damage for defamation, [ibe[, slander, invasion, infringement of copyright or patent, unauthorized use of trademark, trade name, or service mark, proprietary or creative right, or any other injury to any person, property, or entity arising out of the materia[, data, or information transmitted. 2.L0.8 Company sha[[ not be Liable for any indirect, special, incidental, or consequential damages under this Price List inctuding, but not limited to, loss of revenue or profits for any reason whatsoever, inctuding the breakdown of facilities associated with the service, or for any mistakes, omissions, de[ays, errors, or defects in transmission occurring during the course of furnishing service. 2.L0.9 The inctuded exculpatory language in this Section 2.10 does not constitute a determination by the ldaho PUC that a limitation of Liabitity imposed by the Company shou[d be uphel.d in a court of [aw. Acceptance for fiLing by the ldaho PUC recognizes that it is a court's responsibility to adjudicate neg[igence and consequentiaI damage c[aims. lt is also the court's responsibility to determine the val.idity of the exculpatory clause. 2.1,1, lndemnification Company sha[[ not be Liable for and sha[[ be fuil.y indemnified, defended, and hetd harmless by Customer against any claim or [oss, suit, expense, action, or damage (incl,uding indirect, specia[, or consequentiaI damage) for defamation, [ibe[, stander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or viotation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted, or used by Company under this Price List; or for any act or omission of Customer; or for any personat injury or death of any person caused directty or indirectly by the installation, maintenance, location, condition, operation, fai[ure, presence, use or removal of equipment or wiring provided by Company, if not directly caused by the sote neg[igence of Company; or for any [oss, damage, defacement or destruction of the premises of any Customer or any other entity or any other property whether owned or controlled by Customer or others; or for any loss of revenue or profits, for any reason whatsoever, including the breakdown of facitities SAFELINK INTERNET, L.L.C. PRICE LIST: 12 associated with the services, or for any mistakes, omissions, de[ays, errors, or defects in transmission occurring during the course of furnishing service. 2.L2 Conflicts Between Price List and ldaho PUC Rul'es lf this price List contains provisions that deny or restrict a Customer's rights otherwise protected by ldaho pUC rutes, ldaho pUC rules supersede any conflicting provisions in this Price List that deny or restrict any of those rights, unless otherwise ordered by the ldaho PUC, court order, or statute' 2.L3 Altowances for lnterruptions in Service Without incurring tiabitity, Company may interrupt the provision of services at any time in order to perform tests and inspections and assure compliance with this Price List and the proper installation and operation of Company's equipment and facil.ities, and may continue such interruption untiI any items of non-compliance or improper equipment operation are rectified' Company may discontinue service without notice to Customer. Company wi[[ restore service as soon as it can be provided without undue risk. 2.L4 Obl,igations of the Customer 2.L4.1 Customer shal.l. provide at no charge, as specified by Company, any personnel' equipment, space, power, heating and air conditioning needed to operate, and maintain a proper operating environment for Company's facil,ities and equipment insta[[ed on Customer's Premises. 2.74.2 Upon notice to customer, the company may make such tests and inspections as may be necessary to determine that customer is compl.ying with the requirements set forth herein for the instatl.ation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 2.14.3 lf the protective requirements for Customer-provided equipment are not being compl.ied with, Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. company wil.l. notify customer promptl.y if there is any need for further corrective action. Within ten days of receiving the notice, Customer must take this corrective action and notify Company of the action taken. lf Customer fails to do this, Company may take whatever additional. action is deemed necessary, incl'uding the suspension of service, to protect its facil.ities, equipment and personnel from harm' 2.L5 Payments Z.LS.L Customer shatl. pay outstanding charges in ful.t within 20 days of the invoice date. Charges normaLLy wiLl. be invoiced in advance, with monthl.y Recurring Charges invoiced on or about the anniversary of the date services were insta[l.ed. For il'tustrative purposes, if SAFELINK INTERNET, L.L.C. PRICE LIST:15 services were instal.led for Customer on the 6th of the month, the monthly Recurring Charges woutd be invoiced on the 6th of each month thereafter. Amounts not paid within 5 days after the date of the invoice are considered detinquent. Service agreements commence upon activation of services by Company and remain in effect for the selected rate plan period. Once the agreement period has been met, the term of services for each Customer is thirty (30) days and sha[[ automatically renew for successive thirty (30) day terms at Company's current month-to-month rates. 2.L5.2 Any objections to bil.ted charges must be reported within thirty (30) days to Companyb BitLing Agent. Customer inquiries regarding service or bil.Ling may be made in writing or by catling the number listed below: Bil.ting Agent: Mail.ing Address: Phone: To[[ Free Phone: Emai[: Safetink lnternet, L.L.C. Bitl.ing Department P.O. Box 30 Rupert, lD 83350 (208) 677-8000 (888) 692-s776 bi [[i n g (Osafe [i n ki nternet.com ln the event Customer and Company cannot resolve a bil,Ling dispute to their mutual satisfaction, Customer may contact the ldaho PUC and proceed in accordance with ldaho PUC's RuLes. The address and telephone numbers for ldaho PUC are: ldaho PubLic UtiLities Commission P.O. Box 83720 Boise ldaho 83720-0074 334-0300 (within the locaI catling area) t-800-432-0369 (from outside the locaI catting area) 2.1,6 Taxes, Charges, Fees ln addition to the rates and charges described in this Price List, Customer may be responsib[e for payment of taxes, charges or fees ordered by ldaho PUC, the ldaho State Legislature, or locaL and county governments. When Company is authorized to collect such taxes, charges or fees from Customer, these taxes, charges and fees wil.l. be itemized separatety on Customer's bil,L. 2.17 Refusal or Termination of Services 2.17.1Refusat of Services. Company may refuse to establish service if any of the following conditions exist: Appl.icant has an outstanding amount due to Company for simitar util.ity services and Appl.icant is unwilting to make acceptabte arrangements with the Company for payment; SAFELI NK INTERNEI L.L.C. PRICE LIST:14 1) 2)a condition exists that, in company's judgment, is unsafe or hazardous to App[icant, the generaL popuLation, or Company's personnet, Agents or facil.ities; Appticant is known to be in vioLation of this Price List fil.ed with the ldaho PUC; 5) SAFELINK INTERNET, L.L.C. PRICE LIST: 15 4) AppLicant fail.s to furnish such funds, suitabte facitities, and/or rights-of-way which have been specified by Company as necessary to and a condition for providing service to APPticant; or 5) Appl.icant has faLsified his/her identity for the purpose of obtaining service. Z.L7.Z Written ExoLanation. lf Company intends to deny an avail,able service to an Applicant, pursuant to Section 2.77.1 above, Company wil'l' provide Appl'icant with a written expl.anation of its refusaI to serve. The written exptanation sha[[ include: 1) the reasons for denial of the service; Z) actions Appl.icant may take in order to receive the denied service; and 5) a statement that customer may fil.e an informal or formal comptaint concerning deniat of the service with Company or with ldaho PUC. 2.L7.3 Termination of services. company may suspend or terminate services at any time by providing notice as set out in section 2.17.4. Company may detete a[[ data, fi[es, or other information beLonging to customer that resides or is stored on company's hardware, if Customer's account with Company is terminated, for any reason, by either Company or Customer. 2.17.4 Notice of Disconnection. Except as otherwise provided under ldaho [aw, Company wiLl, maiL to customer written notice of termination at least seven (7) cal.endar days before the proposed date of termination. The written notice witl contain the information required by IDAPA 37.41.0L.304. At Least twenty-four (24) hours before actual termination, Company wil'l' dil'igentty attempt to contact Customer affected to apprise Customer of the proposed action and the steps to take to avoid or delay termination. Oral. Notice wil,L contain the same information as required by IDAPA 31.41.01.304. lf Company does not terminate services within seven (7) days after a proposed termination date, and the matter is not the subject of a pending compl.aint before ldaho PUC, or if other arrangements have not been made with customer, company witl' again make a dil'igent effort to contact customer to advise customer of the proposed action. lf company has not terminated services within twenty-eight (28) days of mail.ing a written notice of termination, but sti[[ intends to terminate, Company wiLl. again issue a written notice as set out by subsection 2.L7.6 of this Price List, related to Seven-Day Notice. 2.17.5 Termination Without Notice. Company may terminate services without prior notice to Customer and without Customer's permission for any of the foltowing reasons: A condition immediately dangerous or hazardous to [ife, physical safety, or property exists, or it is necessary to prevent a viotation of federa[, state or [oca[ safety or health codes; Company is ordered to terminate services by any court, ldaho PUC, or any other du[y authorized publ.ic authority; The services were obtained, diverted or used without the authorization or knowtedge of the Company; Company has tried ditigentl.y to meet the notice requirements required by [aw, but has been unsuccessful in its attempt to contact Customer; Company has determined that information provided by Customer is materialty false or materiatty misrepresents Customer's true status. 2.L7.6 Customer Cancellation of Services. Customer may terminate services upon thirty (30) days advance written notice by compteting the cancellation form tocated at www.safelinkinternet.com/cancel. lf Customer agreed to a plan with a minimum term commitment and terminates prior to completion of that term, an early termination fee wi[[ be appl.ied to the account. The termination fee wil.l. be equat to 50% of the month[y plans price muttiptied by the number of remaining months in the agreement, or the price of installation that was waived at the time of signup, whichever is [ess. 2.18 Restoration of Services 2.L8.1 A reconnection charge sha[[ be imposed on any Customer whose service has been discontinued pursuant to the provisions of Section 2.17 of this Price List. The Company reserves the right to refuse to restore service until al.L amounts due have been paid. 2.18.2 ShouLd Customer request that service be restored during a period other than regutar working hours, such as evenings or weekends, Customer may be required to pay an after-hour charge for service reconnection. 2.L9 Assignment Company may, without obtaining any further consent from Customer, assign any of its rights, privileges or obligations under this Price List to any subsidiary parent, or affiliate of Company; pursuant to any sa[e or transfer of substantial.Ly al.l, the business of Company; or pursuant to any SAFELlNK INTERNET, L.L.C PRICE LIST:15 1) 2) 3) 4) s) financing, merger or reorqanization of Company. Customer may, upon prior written consent of company, which consent shatl. not be unreasonabl.y withhetd, assign its rights, privileges or obtigations under this Price List to any subsidiary, parent, or affil'iate of Customer; pursuant to any sate or transfer of substantiatty al.[ the business of Customer; or pursuant to any financing' merger or reorganization of Customer. prior written permission from company is required before any assignment or transfer by customer' Al.l. reguLations and conditions contained in this Price List shal'l' appl'y to al'l' such permitted assignees or transferees, as wetl as al"[ conditions of service' 2.2O Promotions Company may provide promotionaL offerings from time to time' Company wi[L notify the ldaho PUC ten (10)days in advance of the rates,terms & conditions of anysuch promotions' 2.21, Publ,ic Notice Company shaLL give publ.ic notice of al'L proposed changes in rates' Publ'ic notice must be reasonabty designed to catt the attention of customers who are affected by the changes to the proposed changes in rates. Legal. advertisements atone wil.l. not be considered adequate pubLic notice. lndividua[ notice to aLl. customers affected wil,l, always constitute pubtic notice' 2.22 Disclaimer of Warranties 2.22.1Customer assumes total responsibil.ity and risk for al,l. authorized users' use of the services. lt is soLely customer's responsibil.ity to eval.uate the accuracy, completeness and usefutness of al.L options, advice, services, the quaLity of al'l' merchandise' and other information, provided through the services. customer and authorized users'access to such materiats is at Customer's own risk. Company has no controt and accepts no responsibitity whatsoever for such materiats. 2.22.2 Company has no obl.igation to monitor the services' However' Customer agrees that company has the right to monitor the services electronicaLl'y from time to time and to discl,ose any information as necessary to satisfy any l'aw, regul'ation or other governmentat request, to operate the services properl.y, or to protect itseLf or its customers' Prohibited Activities 2.23.L The services company offers shal.t not be used for any unl'awful' purposes or for any use for which customer has not obtained al'l' required governmental approva[s' authorizations, [icenses, consents and permits. Customer agrees not to use the services in a manner prohibited by appl'icab[e laws or regulations' 2.23.2 Customer shatl, nOt uSe the services for any unLaMut or abusive purpose' in any way that coul.d damage, disable, overburden, or impair any company property, or in any way that SAFELI NK INTERNET, L.L.C PRICE LIST:17 2.23 directly or indirectly interferes with or disrupts the Company's network or adversely affects another's use or enjoyment of any services. 2.23.3 Customer sha[[ not restrict or inhibit any other user from accessing and enjoying the services. 2.23.4 Customer sha[[ not transmit any untaMul or obscene information of any kind inctuding and not Limited to any communications constituting or encouraging conduct that woutd constitute a criminaI offense, give rise to civiI tiabiLity, or otherwise violate any locat, state, country, or internationa[ [aw. 2.23.5 Customer sha[[ not use or attempt to use the services in any manner such as to avoid incurring charges or otherwise being required to pay for such usage. Customer sha[[ not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (otherwise known as tracking" or "hacking). This includes, but is not limited to, accessing data not intended for Customer, logging into a server or account that Customer is not expressly authorized to access, or probing the security of other networks. customer may not interfere or attempt to interfere with any services to any user, host, or network ("deniaL of service attacks"). This incLudes, but is not [imited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user's session, by any means. The services are intended for periodic, active use. Customer may not use the services on a standby or inactive basis in order to maintain a connection. 2.23.6 Customer agrees not to use the services or take any action, directty or indirectly, that wi[[ resu[t in excessive consumption or uti[ization of the system or network resources, as determined in Company's sote discretion. The excessive use or abuse of Company's services by one subscriber may have a negative impact on a[[ other subscribers. ln the event that Customer violates the terms of this provision, Company may restrict Customer's access, increase the fees associated with the services, including upgrading to a higher ctass of service, or immediately suspending or terminating services. ln the event of termination, a[[ appLicabLe termination charges wiLL appLy. 2.23.7 Customer agrees not to use the services to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity, by any means, inctuding the use of vulgar, hatefu[, racia[, ethicaI or otherwise objectionab[e information. 2.23.8 Customer agrees not to use the services to impersonate any person, including but not limited to, a Company official. or an information provider, guide or host, or communicate under a fatse name or a name that you are not entitled or authorized to use in a[t forms of communication. SAFELINK INTERNEI L.L.C. PRICE LIST: t8 2.23.9 Customer agrees not to make false or unverified compLaints against any company subscriber. 2.23.10 Customer agrees not to abuse Company's system by causing any harm to the system so that it inhibits other users'abil.ity to effectively use the system' 2.24 Recourse and Fees customers or authorized users that exceed the designated usage of their respective accounts or engage in any prohibited conduct that vioLates the terms of this Price List, wi[t, at the sole discretion of ComPanY: 1) lncur a $100 per hour charge, or a $1000 per incident charge, whichever is greater; 2) Be subject to immediate account termination; 3)Agree to pay for al.L equipment and/or software provided by Company and not returned to Company within thirty (30) days of service; and 4)Agree to pay atl reasonable costs incurred by Company for handling and processing a[. viol.ations, inctuding aLl. Legal., accounting, technicaI and any other app[icabLe costs and/or charges. 2.25 Miscetlaneous Z.Z5.l Company's fail.ure to insist upon or enforce strict performance of any provision of this Price List shaLl" not be construed as a waiver of any provision or right. 2.25.2 These terms shal"t be construed in accordance with the laws of the State of ldaho, without regard to its conflicts of laws provisions. Any cause of action customer may have with respect to the services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SAFELINK INTERNET, L.L.C. PRICE LIST:19 SECIION 3.0. LOCAL EXCHANGE SERVICES Service Product Description Residential Products VolP- ResidentiaI BundLed Bundled with SafeLink lnternet VolP- ResidentiaI Stand-a[one Without Safetink lnternet VolP- Residential Fax Stand-alone fax, charged separate from phone service Requires purchase of Fax ATA. Fax ATA TroubLe CaU,Charge for customer ca[[ where Customer or Customer's equipment is at fault. Move for Service Waived with a new one-year contract Printed lnvoice Commercial Products VolP Business- BundLed with lnternet When purchased with Safetink lnternet. VolP Business Stand-atone Without lnternet. VolP Business Fax Standatone Fax, charged separate from phone service. Requires purchase of Fax ATA. Fax ATA Trouble Ca[[Charge for customer ca[[ where Customer or Customer's equipment is at fautt. Paper lnvoices SAFELINK INTERNEI L.L.C. PRICE LIST:20 SECflON 4.0 - RATES AND CHARGES Service Product Monthty Rate One Time Charges Residential Products VolP- ResidentiaI Bundl.ed $zo VolP- ResidentiaI Stand-a[one $20 ptus $9.95 rental of ATA VolP- ResidentiaI Fax $ro Fax ATA Purchase ($10S- Fax ATA $ros Troubl"e CaU.$75lhour ($75 minimum) Move for Service $50 (waived with new t year contract) Printed lnvoice $1.s0 CommerciaI Products VolP Business- Bundted with lnternet $zs VolP Business Stand-atone $25, pl.us $9.95 Rental' of ATA VolP Business Fax $ro Requires purchase of Fax ArA ($15s) Fax ATA $rss Trouble Ca[[$75/hr ($75 minimum) Paper lnvoices $r.so SAFELI NK I NTERNET, L.L.C. PRICE LIST:21