HomeMy WebLinkAbout20130430Application.pdfBING HAM
Jean L. Kiddoo
Brett P. Ferenchak
Phone: 202.373.6000
Fax: 202.373.6001
jean.kiddoo@bingham.com
brett.ferenchakbingham.com
April 29, 2013
Via Overnight Courier
ar
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Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
To I
Boston
Hartford
Hong Kong
London
Los Angeles
New York
Orange County
San Francisco
Santa Monica
Silicon Valley
Tokyo
Washington
Re: TNCI Operating Company LLC Application for Certificate of Public
Convenience and Necessity to Provide Resold and Facilities-Based Local
Exchange and Exchange Access Telecommunications Services in the State of
Idaho
Dear Ms. Jewell:
On behalf of TNCI Operating Company LLC ("TNCI-OpCo"), enclosed for filing are an
original and three (3) copies the above-referenced Application. The original copy of the
Application is unbound.
TNCI-OpCo respectfully requests confidential treatment of Exhibit D to the Application.
This exhibit contains sensitive financial information that is considered proprietary and
confidential in nature and is not otherwise available to the public. Disclosure of such
information could provide Applicant's competitors with a significant advantage that
would result in substantial harm to Applicant's competitive position in Idaho. Applicant
therefore respectfully requests that the information contained therein be treated in a
confidential manner and be protected from public disclosure.
Please date-stamp the enclosed extra copy and return it in the envelope provided. Should
you have any questions concerning this filing, please do not hesitate to contact the
undersigned.
Respectfully submitted,
Jean Kiddoo
Brett P. Ferenchak
Counsel for TNCI Operating Company LLC
A/75502803.1
Bingham McCutchen LLP
2020 K Street NW
Washington, DC
20006-1806
T 202.373.6000
F 202.373.6001
bingham.com
BEFORE THE
PUBLIC UTILITIES COMMISSION
OF IDAHO
Application of
TNCI OPERATING COMPANY LLC
for a Certificate of Public Convenience and Necessity
to Provide Resold and Facilities-Based
Local Exchange and Exchange Access
Telecommunications Services in the
State of Idaho
Docket No. 1) t7 -/3 -o /
APPLICATION OF
TNCI OPERATING COMPANY LLC
TNCI Operating Company LLC ("TNCI-OpCo" or "Applicant"), by its undersigned
counsel and pursuant to Idaho Code §§ 61-526-528, IDAPA 31.01.01.111, Procedural Order No.
26665, and the rules of Public Utilities Commission of Idaho ("Commission"), hereby applies for
a Certificate of Convenience and Necessity ("Certificate") to provide facilities-based and resold
local exchange and exchange access telecommunications services in the State of Idaho.
As described below, this Application is being filed in connection with a transaction
whereby TNCI-OpCo will acquire certain of the assets, including customer accounts and
contracts and telecommunications equipment, of Trans National Communications International
Inc. (Debtor-In-Possession) ("TNCI-DIP"), through a sale pursuant to Section 363 of the United
States Bankruptcy Code (the "Transaction") that was approved by the Bankruptcy Court on
March 13, 2013. TNCI-DIP is currently authorized to provide local exchange service (including
exchange access) in Idaho pursuant to a Certificate granted by Order No. 29637 dated November
22, 2004. TNCI-OpCo does not currently provide telecommunications services, but is
authorized to provide intrastate telecommunications services in Montana and is in the process of
A/75493441.1
obtaining authority to provide intrastate telecommunications services in all of the contiguous
United States, Hawaii, and the District of Columbia. Accordingly, TNCI-OpCo urges that the
Commission expedite its consideration of this request for a Certificate to enable the Transaction
to be completed as envisioned by the Bankruptcy Court Sale Order as soon as possible. TNCI-
OpCo also requests, to the extent required, that the Commission treat this Petition as notice of the
Transaction. TNCI-OpCo will notify the Commission when the Transaction has been completed
with respect to the intrastate telecommunications operations of TNCI-DIP.
The Applicant submits the following information in support of this request.
I. PROPOSED SERVICES
As noted above, TNCI-OpCo is purchasing the assets and operations of TNCI-DIP and
will operate the business as it is currently configured as opposed to constructing any new
facilities. TNCI-OpCo intends to provide the same facilities-based and resold local exchange,
exchange access telecommunications services to business customers that TNCI-DIP currently
provides to its customers. These services include (a) basic local exchange services and various
ancillary services such as custom calling features, (b) dedicated Internet Protocol ("IP")-enabled,
integrated voice and data services, and (c) private line, frame relay and other non-voice services.
Applicant's network will primarily consist of leased facilities provided by other carriers, but
where appropriate it may deploy its own facilities. TNCI-OpCo is seeking the same
authorizations as currently held by TNCI-DIP so that TNCI-OpCo can continue to provide the
same services as TNCI-DIP's customers currently receive from TNCI-DIP.
TNCI-OpCo is technically and managerially qualified to establish and operate its
proposed telecommunications operations in Idaho. TNCI-OpCo is managed by individuals with
significant experience in the telecommunications industry who are well equipped to manage
A175493441.1
providing service in Idaho and will share many of the same customer service, technical,
operational and managerial personnel as TNCI-DIP. Descriptions of the Applicant's key
personnel of TNCI-OpCo are attached hereto as Exhibit A.1 TNCI OpCo's highly-qualified
technical staff will ensure that its operations will meet high standards for service quality and
reliability.
II. FORM OF BUSINESS
Applicant's legal name is TNCI Operating Company LLC. Applicant's principal place of
business is:
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
Tel: (805) 560-7809
Fax: (805) 869-1445
TNCI-OpCo is a Delaware limited liability company formed on January 9, 2013. A
copy of its formation documents are attached hereto as Exhibit B. Attached as Exhibit C is a
copy of TNCI-OpCo's Certificate of Authority to Transact Business as a foreign corporation in
Idaho.
The corporate officers for Applicant are as follows:
Jeff Compton - President & CEO
Julian Weldon - Secretary
As a member managed limited liability company, TNCI-OpCo does not have directors but
rather is managed by TNCI Holdings LLC ("TNCI Holdings"), which is also TNCI-OpCo's sole
1 As described in Exhibit A, TNCI-OpCo notes that Mr. Jeff Compton, TNCI-OpCo's President
and Chief Executive Officer and a member of its Board of Managers of TNCI Holdings, also serves as
Chief Executive Officer and is a co-owner (49%) and Director of Blue Casa Telephone, LLC ("Blue
Casa"), a non-dominant local and long distance provider offering services in California. Mr. Howard
Brand, the other co-owner and a Director of Blue Casa, also holds a seat on the Board of Managers of
TNCI Holdings but will not be an officer of TNCI-OpCo.
A175493441.1
owner. TNCI Holdings' Board of Managers include David Thompson, Jeffrey Fier, Jeff Compton
and Howard Brand. A fifth manager may be designated in the future.
III.TELECOMMUNICATION SERVICE
TNCI-OpCo intends to provide the same facilities-based and resold local exchange,
exchange access telecommunications services to business customers that TNCI-DIP currently
provides to its customers and proposes to begin service consistent with the Commission's approval
of its Application.
IV.SERVICE TERRITORY
TNCI-OpCo seeks authority to provide local exchange and exchange access
telecommunications services to and from all points in the State of Idaho that are currently open,
and that become open, to competition. Applicant will compete directly with CenturyLink and
Verizon for the provision of local exchange services. As noted above, TNCI-OpCo is purchasing
the assets and operations of TNCI-DIP and will operate the business as it is currently configured
as opposed to constructing any new facilities.
V.FINANCIAL INFORMATION
TNCI-OpCo has been funded by investment funds managed by Garrison Investment
Group (collectively, the "Garrison Group"), a leading middle market investor. Therefore, TNCI-
OpCo is well-qualified financially to operate within the State of Idaho. In support of Applicant's
financial qualification, confidential pro forma financial information is being provided, under
seal, as Exhibit D. As shown in the provided information, Applicant is financially qualified to
operate within the State of Idaho.
A175493441.1
VI.ILLUSTRATIVE PRICE LISTS
TNCI-OpCo's illustrative price lists, setting forth the terms, conditions, rates, charges
and regulations pursuant to which TNCI-OpCo proposes to provide regulated
telecommunications service is provided as Exhibit E. Since TNCI-OpCo will continue to
provide services at the same rates and under the same terms and conditions as TNCI-DIP, TNCI-
OpCo' s illustrative price lists will mirror the existing tariffs and price lists of TNCI-DIP except
for the name and address of the company.
VII.CONTACTS
Correspondence concerning this Application should be directed to Applicant's attorneys:
Jean L. Kiddoo
Brett P. Ferenchak
Bingham McCutchen LLP
2020 K Street, N.W.
Washington, DC 20006-1806
Tel: (202) 373-6000
Fax: (202) 373-6001
jean.kiddoo(bingham.com
brett.ferenchakbingham.com
The following toll-free number is available for end user consumer inquiries:
1-800-800-8400
The person responsible for customer service is:
Stefanie Edwards
Vice President, Operations
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
Tel: (805) 560-8014
Fax: (805) 965-2476
sedwards@bluecasa.com
A/75493441.1
Following the grant of this Application, the Commission should direct all correspondence
directly to TNCI-OpCo's regulatory contact:
Jeff Compton
President & CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
Tel: (805) 560-7809
Fax: (805) 869-1445
jcompton@bluecasa.com
VIII.INTERCONNECTION AGREEMENTS
TNCI-OpCo has not yet entered into or requested interconnection/resale agreements in
Idaho, but where necessary for the provision of service has made arrangements with underlying
carriers to assume the existing interconnection/resale agreements of TNCI-DIP as part of the
bankruptcy process. Applicant plans on using the existing local exchange boundaries and
established local calling scope of the incumbent local exchange carriers in Idaho.
IX.COMPLIANCE WITH COMMISSION RULES
TNCI-OpCo's statement that it agrees to comply with all applicable Idaho laws and
Commission rules and regulations is attached hereto as Exhibit F. Applicant will comply with all
applicable Commission rules, regulations and standards, and will provide safe, reliable and high-
quality telecommunications services in Idaho.
X.ESCROW ACCOUNT OR SECURITY BOND
TNCI-OpCo does not require advance payments or deposits from retail customers.
Should Applicant decide to require advance payments or deposits, it will enter into an escrow
agreement with a bonded escrow agent prior to offering telecommunications services in Idaho
and will file such agreement with the Commission upon request. TNCI-OpCo will comply with
A175493441.1
all applicable Idaho laws and Commission rules and regulations regarding advance customer
deposits.
XI.DESCRIPTION OF THE TRANSACTION
Pursuant to an Asset Purchase Agreement, dated as of January 31, 2013 (the
"Agreement"), TNCI-OpCo will acquire certain of the assets of TNCI-DIP, including TNCI-
DIP's customer accounts and contracts, telecommunications equipment, and, to the extent
permitted under applicable law and regulations, certificates, licenses, registrations or other
authorizations to provide intrastate, interstate, and international telecommunications services.
The Bankruptcy Court approved the Agreement and the Transaction contemplated thereby on
March 13, 2013. The Agreement and Sale Order provide for an Initial Closing following receipt
of approvals from the FCC, and for additional closings at approximately 45-day intervals until
the Final Closing, which will occur no later than the 180th day following the Initial Closing. At
each closing, TNCI-DIP will assign to TNCI-OpCo those customers and assets for which
applicable governmental approvals have been obtained in order to complete the assignment.
XII.PUBLIC INTEREST CONSIDERATIONS
Granting this Application will promote the public interest by allowing the Transaction to
be completed, thereby permitting the assignment of TNCI-DIP customers to a financially stable
company that will continue to provide telecommunications services to such assigned customers
without interruption. Further, TNCI-OpCo's operations will be overseen by a well-qualified
management team with substantial telecommunications experience and technical expertise. In
addition, the proposed Transaction is structured to assure an orderly transition of customers from
TNCI-DIP to TNCI-OpCo. TNCI-OpCo will provide customers high quality, cost effective
telecommunications services, with an emphasis on customer service.
AJ75493441.1
Further, granting this Application will promote the public interest by maintaining the
current level of competition in the provision of telecommunications services in Idaho. In
addition to driving prices closer to costs, thereby ensuring just and reasonable rates, competition
also promotes efficiency in the delivery of services and in the development of new services.
These benefits work to maximize the public interest by providing continuing incentives for
carriers to reduce costs while, simultaneously, promoting the availability of potentially desirable
services.
XIII. CONCLUSION
For the reasons stated above, Applicant respectfully submits that the public interest,
convenience, and necessity would be furthered by an expeditious grant of this Application for the
authority to provide all types of facilities-based and resold local exchange and exchange access
telecommunications services.
Respectfully submitted,
Jean L. Kiddoo
Brett P. Ferenchak
Bingham McCutchen LLP
2020 K Street, N.W.
Washington, DC 20006-1806
Tel: (202) 373-6000
Fax: (202) 373-6001
jean.kiddoo(bingham.com
brett.ferenchak(2lthingham.com
Counsel for TNCI Operating Company LLC
Dated: April 29, 2013
A175493441.1
LIST OF EXHIBITS
Exhibit A - Management Biographies
Exhibit B - Certificate of Formation
Exhibit C - Certificate of Authority to Transact Business
Exhibit D - Financial Statements (CONFIDENTIAL- FILED
UNDER SEAL)
Exhibit E - Proposed Price Lists
Exhibit F - Applicant Statement
A175493441.1
EXHIBIT A
Management Biographies
A/75493441.1
JEFF COMPTON
PRESIDENT AND CEO, TNCI OPERATING COMPANY LLC
MEMBER, TNCI HOLDINGS LLC
Mr. Compton is the President and Chief Executive Officer of TNCI Operating Company
LLC ("TNCI-OpCo") and a member of its parent company, TNCI Holdings LLC. He is
also the President and Chief Executive Officer of Blue Casa Telephone, LLC ("BCT"), a
land-line telephone company dedicated to serving the Hispanic market. As President and
CEO of TNCI-OpCo and BCT, Mr. Compton manages all aspects of their
telecommunications operations, including planning, marketing, sales, and day-to-day
management. Mr. Compton has worked in the telecommunications industry for 18 years,
and for the past 2 years has served as CEO/President of BCT, a CLEC offering residential
and business telecommunication services. His areas of expertise include strategic
planning, operation and administration of local exchange carriers, financing, program
development, and general business management.
Mr. Compton began his telecommunications carrier as a Manager of Network Operations
for First World Communications, a fiber over-builder in Anaheim California.
Subsequently, Mr. Compton was one of the original 10 employees of Telscape
Communications ("Telscape"), holding positions in network operations and provisioning
and sales. Mr. Compton undertook regulatory responsibilities at Telscape between 2002
and 2009, ultimately as VP - Regulatory for Teiscape. In that position, Mr. Compton
was responsible for regulatory reporting, compliance, and communication with all
regulatory agencies and Commissions. Following Telscape, Mr. Compton was an
independent consultant for a number of CLECs helping them resolve regulatory
compliance issues and industry disputes.
Most recently, Mr. Compton co-founded, and is currently the President and CEO of BCT,
which purchased all of the assets of Blue Casa Communications, Inc. ("BCC"), a then
failing telecommunications business. Mr. Compton successfully managed the transfer of
customers from BCC to BCT with no disruption of service. This experience
demonstrates his ability to successfully guide a company through the acquisition of assets
and customers from a financially distressed company.
Mr. Compton has a Bachelor of Science degree in Business Management from the
University of Phoenix.
A175414338.2
MEMBER, TNCI HOLDINGS LLC
Over the past 30 years, Howard Brand has established himself as a successful and
accomplished entrepreneur and executive, with a focus in manufacturing, production and
operations. During this time period, Mr. Brand has been successful in the acquisition,
management, repositioning and divestiture of many private companies.
Mr. Brand is the President of HNB Capital LLC, a Los Angeles-based investment
banking firm, specializing in acquisitions and-debt based corporate finance. Mr. Brand is
a director of Color Labs Enterprises, Chatsworth Data, lOG Products and Gameworks
Entertainment. Mr. Brand provides management oversight through active participation
on the Board of Directors/Managers. Mr. Brand helps management by, among other
things, providing guidance in developing various corporate management tools (such as
dashboards, SWOT analysis, metric reviews and budgeting).
Mr. Brand participated in the funding of Blue Casa Telephone, LLC in March, 2011 and
is currently a Director of the company. Mr. Brand has assisted BCT with its financial
reporting and procedures. With the new management team, Mr. Brand has stabilized its
customer operations and made it profitable its acquired the assets of BCC.
Mr. Brand is a native of California and grew up in Los Angeles. He holds a BA in
Economics from UCLA and an MBA from the University of West Los Angeles.
STEFANIE EDWARDS
Stefanie Edwards joined Blue Casa Telephone in 2005. She is currently Vice President
of Operations at BCT and will have similar responsibilities at TNCI Operating Company
LLC. Ms. Edwards is responsible for billing, finance and call center operations, risk
management, regulatory and human resources. Her experience includes operations and
processes reengineering, change management, quality assurance controls & standards,
systems development & enhancements, performance management and leadership
development.
Ms. Edwards hold a Bachelor of Arts in Psychology, from the University of California,
Santa Barbara.
PETER A. HELMS
Mr. Helms is currently Director of Carrier Relations at Trans National Communications
International, Inc. and will have similar responsibilities at TNCI Operating Company,
LLC upon completion of the Transaction. In his current role, Mr. Helms is responsible
2
A/75414338.2
for product lifecycle for both on-net and resold services (colloborating with Network
Engineering and Operations to roll out an on-net product offering - TNCInet),
establishing and negotiating contracts with carriers and other vendors, and overseeing
regulatory and corporate compliance with the FCC, PUCs, State and local authorities.
Mr. Helms began his telecommunication career in 1995 at Teleport Communications
Group ("TCG"), one of the nation's first Competitive Local Exchange Carriers
("CLEC"). During his tenure at TCG, Mr. Helms held roles in External Affairs (Public
Affairs and Investor Relations), Marketing and Project Management. Six months after
TCG was purchased by AT&T Corp., Mr. Helms began working for Network Plus in
Product Management and Marketing where he lead the product definition process and
successfully developed and established all resold and facility based pricing and product
offerings. In 2002, Broadview Networks purchased Network Plus and retained him in the
role of Director of Field Marketing where he continued to provide pricing, product and
marketing support to all sales channels. In May of 2003, Mr. Helms was promoted to
Director of Account Management where his team was responsible for 40% of the
company's billable customer base and met and exceeded churn targets and sales forecasts
and ensured overall customer satisfaction.
Mr. Helms holds a Bachelor of Arts in English and Literature from Keene State
University.
JOSHUA PLOUDE
Mr. Ploude has been Chief Technology Officer of Trans National Communications
International, Inc. since 2008. He was responsible for planning and executing the
deployment of a nationwide network for the company delivering business dialtone,
dedicated internet access and MPLS VPN services. Mr. Ploude will have similar
responsibilities at TNCI Operating Company LLC.
Mr. Ploude has been working in the telecommunications industry since 1999. In 2001
Ploude became the C.T.O. of PCS1, a California-wide facilities based CLEC. While at
PCS 1 Ploude was responsible for deploying legacy TDM and next-generation voice over
IP network services across a 70 central office footprint in California. Ploude was also
responsible for regulatory, provisioning, customer service and sales organizations during
his time at PCS 1. Following PCS 1 Ploude founded and ran Ethos Communications
Group, Inc. a consultancy focusing on technology and business development for
communications service providers including CLECs, ISPs and triple-play service
providers. Ethos also provided operational and OSS development services as well as
network planning and deployments.
Mr. Ploude holds a B.S. in Political Science from U.C.L.A. and a M.S. in
Telecommunications Management from Golden Gate University.
3
A175414338.2
EXHIBIT B
Certificate of Formation
A175493441.1
5272302 8100
130030762
You mayverify this certificate online at corp. delaware. gov/authver. shtml
Delaware PAGE 1
'The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF FORMATION OF "TNCI OPERATING COMPANY
LW", FILED IN THIS OFFICE ON THE NINTH DAY OF JANUARY, A. D.
2013, AT 4 O'CLOCK P.M.
wqz~u(-<~7
Jeffrey W. Bullock, Secretary of State
AUTHEN C TION: 0134267
DATE: 01-10-13
State of Delaware
Secretary of State
Division of Corporations Delivered 04:51 PM 0110912013
FIlED 04:00 PM 0110912013
SRV 130030762 - 5272302 FILE
STATE of DELAWARE
LIMITED LIABILITY COMPANY
CERTIFICATE of FORMATION
First: The name of the limited liability company is
TNCI Operating Company L.
Second: The address of its registered office in the State of Delaware is
2711Centerville Road. Suite 400 in the City of Wilmington
Zip code 19808 The name of its Registered agent at such address is
çoration Service Company
Third: (Use this paragraph only if the company is to have a specific effective date of
dissolution: "The latest date on which the limited liability company is to dissolve is
Fourth: (Insert any other matters the members determine to include herein.
In Witness Whereof, the undersigned have executed this Certificate o[om*ion this
2L______ day of January 2013
By: K-=
Abthorkzed Ierson (s)
Name:
EXHIBIT C
Certificate of Authority to Transact Business
A/75493441.1
State of Idaho
I Office of the Secretary of State
CERTIFICATE OF AUTHORITY
OF
TNCI OPERATING COMPANY LLC
File Number W 122275
I, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
Idaho Uniform Limited Liability Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested in me by Law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate of
the application for such certificate.
Dated: February 22, 2013
0' SECRET IYOFTATE
By
J
253
,9APPLICATION FOR CERTIFICATE 22 7 20 OF AUTHORITY FOR FOREIGN
LIMITED LIABILITY COMPANY
(Instructions on back of application)
1.The name of the limited liability company is:
•TNCI Operating Company LLC
2.If the name of the limited liability company is not permissible or is not available in Idaho, the
name the foreign limited liability company will use in Idaho is:
3.The jurisdiction under whose laws the limited liability company is formed is: Delaware
4.The name and complete street address of the registered agent in Idaho is:
Corporation Service Company 12550 W. Explorer Drive, Suite 100, Boise, II) 83713
5.The street and mailing address of the limited liability company's principal office is:
114 E Haley St. Su eA,SantaBarbara, CA 93101
Strast Address
Mailing Address, if dIfferent
6.The street and mailing address of the limited liability company's office in the jurisdiction
under whose laws it is organized is:
2711 Centerville Road, Wilmington, DE 19885
Street Address
Mailing Address, if different
7.The name and mailing address of at least one member or manager:
TNCI Holdings do Garrison Investment 1350 Avenue of the Americas 9th Floor, New York, NY 10019
8.The mailing address for future correspondence:
114 E Haley St. Suite A, Santa Barbara, CA 93101
9.Signature of a manager, mber or authorized
person. - _
S1gnatyF 2' -
Jeff Comptrn
Typed Name
secretary of State use only
IDti0 SECRETARY OF STATE
32,222013 05ZIBB
NONE Cl-1157 BH 1361486
1 8 15 20 = 166M REGFORGLLC 13 2
1 13 20.013 = 20.130 EXPEDITE C 13 3
12 1-76
5272302 8300
130202466
You may verify thia certificate 0zuzn. at Corp. dalaware. guv/authver. shbn
Delaware PAGE 1
'The First State
I, JEFFREY N. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELA WARE, DO HEREBY CERTIFY "THOr OPERATING COMPANY LLC IS DULY
FORMED UNDER THE LAPIS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE TWENTY-FIRST DAY OF FEBRUARY, A.D- 2013.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID TNCI
OPERATING COMPANY LLC" WAS FORMED ON THE NINTH DAY OF JANUARY,
AD. 2013.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
NOT BEEN ASSESSED TO DATE.
w f ~7A
Jeffrey W Bullock. secretary of State
AUTJiEN ION: 0229421
DATE: 02-21-13
EXHIBIT D
Financial Statements
CONFIDENTIAL - FILED UNDER SEAL
A/75493441.1
EXHIBIT E
Proposed Price Lists
A/75493441.1
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
inal Title
IDAHO TELECOMMUNICATIONS PRICE LIST
Rates, Terms and Conditions
Relating to the Provision of Local Exchange Service in the State of Idaho
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
This Price List contains descriptions, regulations, and rates applicable to the furnishing of
competitive, presubscribed local exchange telecommunications Services provided by TNCI
Operating Company LLC ("TNCI") within the State of Idaho. Please note this Price List is on file
with the Idaho Public Utilities Commission ("Commission"). In addition, Price List may be
inspected during normal business hours at TNCI's principal place of business at 114 E. Haley
Street, Suite A, Santa Barbara, CA 93101. Questions regarding this Price List should be
addressed to Stefanie Edwards, VP Operations at (805) 560-8014 or via postal service at
TNCI 's principal business address.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 1
CHECK SHEET
The Title Sheet and Sheets I through 90 of this Price List are as follows:
Sheet No. Sheet Version Sheet No. Sheet Version Sheet No. Sheet Version
Title Original
1 Original 31 Original 61 Original
2 Original 32 Original 62 Original
3 Original 33 Original 63 Original
4 Original 34 Original 64 Original
5 Original 35 Original 65 Original
6 Original 36 Original 66 Original
7 Original 37 Original 67 Original
8 Original 38 Original 68 Original
9 Original 39 Original 69 Original
10 Original 40 Original 70 Original
11 Original 41 Original 71 Original
12 Original 42 Original 72 Original
13 Original 43 Original 73 Original
14 Original 44 Original 74 Original
15 Original 45 Original 75 Original
16 Original 46 Original 76 Original
17 Original 47 Original 77 Original
18 Original 48 Original 78 Original
19 Original 49 Original 79 Original
20 Original 50 Original 80 Original
21 Original 51 Original 81 Original
22 Original 52 Original 82 Original
23 Original 53 Original 83 Original
24 Original 54 Original 84 Original
25 Original 55 Original 85 Original
26 Original 56 Original 86 Original
27 Original 57 Original 87 Original
28 Original 58 Original 88 Original
29 Original 59 Original 89 Original
30 Original 60 Original 90 Original
* Indicates sheet included in this filing
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 2
TABLE OF CONTENTS
CheckSheet ............................................................................................................................... 1
Tableof Contents .......................................................................................................................2
ConcurringCarriers ....................................................................................................................6
ConnectingCarriers ...... ................................... ............................................................. ..... ... ......6
OtherParticipating Carriers.........................................................................................................6
Explanationof Symbols ..............................................................................................................7
PriceList Format ....................................................... . .................................................................. 8
Applicationof Price List...............................................................................................................9
Section 1 - Definitions and Abbreviations ............................................................................10
Section 2 - Rules and Regulations ........................................................................................14
2.1. Undertaking of TNCI .................................................................................... 14
2.1.1. Scope............................................................................................... 14
2.1.2. Shortage of Equipment or Facilities.................................................. 15
2.1.3. Terms and Conditions ...................................................................... 16
2.1.4. Liability of TNCI................................................................................ 17
2.1.5. Service-Affecting Activities ............................................................... 25
2.1.6. Provision of Equipment and Facilities............................................... 26
2.1.7. Non-Routine Installation ................................................................... 26
2.1.8. Special Construction ........................................................................ 26
2.1.9. Ownership of Facilities ..................................................................... 27
2.2. Prohibited Uses ........................................................................................... 28
2.2.1. No Unlawful Purpose........................................................................ 28
2.2.2. Compliance Letter Required............................................................. 28
2.2.3. No Interference................................................................................. 28
2.2.4. Assignment Provisions..................................................................... 28
2.2.5. TNCI Provided Equipment................................................................ 29
2.2.6. Service Used for Compensation....................................................... 29
2.2.7. Service Used to Annoy or Harass..................................................... 29
2.2.8. Service Used for Impersonation or Lewd or Obscene Purposes....... 29
2.2.9. Service Used Without Payment........................................................ 29
2.2.10. Rights and Titles Remain With TNCI ................................................ 30
2.2.11. Use of Resold Services From Other Providers ................................. 30
2.2.12. Use for Solicitation By Recorded Messages..................................... 30
2.2.13. Use for Clerical Services.................................................................. 30
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
inal Paqe 3
TABLE OF CONTENTS, Continued
Section 2 - Rules and Regulations, Continued
2.3. Obligations of the Customer ......................................................................... 31
2.3.1. Payment of Bills and Charges .......................................................... 31
2.3.2. Unauthorized Use............................................................................. 31
2.3.3. Identification ..................................................................................... 32
2.3.4. TNCI-Provided Equipment and Facilities.......................................... 33
2.3.5. Resources and Rights of Way .......................................................... 33
2.3.6. Working Conditions .......................................................................... 34
2.3.7. Compliance With Regulations........................................................... 35
2.3.8. Compliance With Law....................................................................... 35
2.3.9. Liens or Encumbrances .................................................................... 35
2.110. Relationship ..................................................................................... 35
2.3.11. Claims.............................................................................................. 35
2.3.12. Station Equipment............................................................................ 36
2.3.13. Interconnection of Facilities.............................................................. 37
2.3.14. Inspections....................................................................................... 37
2.4. Customer Equipment and Channels ............................................................38
2.4.1. General ............................................................................................38
2.5. Payment Arrangements ............................................................................... 39
2.5.1. Establishment of Service.................................................................. 39
2.5.2. Payment for Service......................................................................... 43
2.5.3. Billing and Collection of Charges...................................................... 43
2.5.4. Advance Payments .......................................................................... 44
2.5.5. Deposits........................................................................................... 44
2.5.6. Disputed Bills ................................................................................... 45
2.5.7. Late Payment Charges..................................................................... 46
2.5.8. Credit Limit ....................................................................................... 46
2.5.9. Issuance of Credit............................................................................ 46
2.6. Interruptions of Service ................................................................................ 47
2.6.1. General ............................................................................................47
2.6.2. Limitations of Allowances .................................................................48
2.6.3. Use of Another Means of Communications.......................................48
2.6.4. Application of Credits for Interruptions in Service .............................49
2.6.5. Credit Allowance for Interruptions in Service ....................................49
2.7. Restoration of Service..................................................................................50
2.8. Use of Customer's Service By Others .......................................................... 51
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 4
TABLE OF CONTENTS, Continued
Section 2 - Rules and Regulations, Continued
2.9. Cancellation of Service By Customer...........................................................52
2.10. Cancellation of Service By TNCI .................................................................. 53
2.10.1. Discontinuance Without Notice.........................................................53
2.10.2. Discontinuance With Notice .................................. ............................53
2.10.3. Payment Obligation up to Discontinuance of Service........................54
2.11. Notices and Communications ......................................................................55
2.12. Full Force and Effect....................................................................................55
Section 3— Description of Service ........................................................................................56
3.1. Application of Rates and Charges ................................................................ 56
3.1.1. General ............................................................................................56
3.1.2. Service Connection and Maintenance Charges ................................ 57
3.2. Exchange Services......................................................................................58
3.2.1. Local Service Area ...........................................................................58
3.2.2. Basic Local Exchange Service .........................................................58
3.3. Optional Calling Features ............................................................................. 60
3.3.1. General ............................................................................................60
3.3.2. Descriptions of Features ................................................................... 60
3.4. Calling Party Number Blocking.....................................................................65
3.4.1. Per Call Blocking..............................................................................65
3.5. Service Provider Options .............................................................................66
3.5.1. No Primary lnterexchange Carrier (PlC) Option ................................ 66
3.5.2. Two PlC Option ................................................................................ 66
3.5.3. Preferred Carrier Freeze (PCF)........................................................66
3.5.4. Carrier Change Charge....................................................................66
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
nal Paqe 5
TABLE OF CONTENTS, Continued
Section4— Rates .................................................................................................................... 67
4.1. Service Connection and Maintenance Charges ...........................................67
4.1.1. Service Order and Change Charges.................................................67
4.1.2. Restoration of Service Charge..........................................................67
4.2. Exchange Services Rates and Charges....................................................... 68
4.2.1. Standard Local Exchange Service Rates .......................................... 68
4.2.2. Digital Subscriber Line Service......................................................... 69
4.2.3. Optional Calling Features ................................................................. 70
4.2.4. Integrated Services Digital Network.................................................. 72
4.2.5. Ti Resold - General......................................................................... 73
4.2.6. Internet Protocol Dedicated .............................................................. 74
4.2.7. Internet Protocol Fractional............................................................... 75
4.2.8. Frame Relay..................................................................................... 76
4.2.9. MPLS-VPN ..................................................................................... 78
4.2.10. MCI Integrated Local T-i Local Loop ............................................... 81
4.2.11. PaeTec Voice and Internet Protocol Port ......................................... 83
4.2.12. PaeTec Integrated Local - General Information ............................... 84
4.3 Intrastate Presubscription ............................................................................86
4.4 Audio Conferencing .....................................................................................88
Section5— Promotions ..........................................................................................................89
5.1. Promotions...................................................................................................89
Section 6— Individual Case Basis Agreements .................................................................... 90
6.1. Individual Case Basis Agreements...............................................................90
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 6
CONCURRING CARRIERS
None
CONNECTING CARRIERS
None
OTHER PARTICIPATING CARRIERS
None
Issued: April 30, 2013
Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Oriainal Paae 7
EXPLANATION OF SYMBOLS
(C)To signify a changed regulation.
(D)To signify a discontinued regulation.
(I) To signify an increase in rate or charge.
(M)To signify material relocated from or to another Price List location.
(N)To signify a new rate or regulation.
(R) To signify a rate reduction.
(5) To signify a correction or reissued matter.
(T) To signify a change in text only.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 8
PRICE LIST FORMAT
A.(Sheet I Page - choose one) - Numbering - Sheet numbers appear in the upper
right corner of the Sheet. Sheets are numbered sequentially. However,
occasionally, when a new Sheet is added between Sheets already in effect, a
decimal is added. For example, a new Sheet added between Sheets 14 and 15
would be 14.1.
B.(Sheet I Page Revision - choose one) - Numbers - Revision numbers also appear
in the upper right corner of each Sheet. These numbers are used to determine the
most current Sheet version on file with the Commission. For example, the 4th
revised Sheet 14 cancels the 3rd Revised Sheet 14. Because of various suspension
periods, deferrals, etc. the Commission follows in its Price List approval process, the
most current Sheet number on file with the Commission is not always the Sheet in
effect. Consult the Check Sheet for the Sheet currently in effect.
C.Paragraph Numbering Sequence - There are nine levels of paragraph coding.
Each level of code is subservient to its next higher level:
2.
2.1.
2.1.1.
2.1.1.A.
2.1.1.A.1.
2.1.1.A.1.(a).
2.1.1.A.1.(a) I.
2.1.1.A.1.(a) I.(i).
2.1.1.A.1.(a) l.(i) (1).
D.Check Sheets - When a Price List filing is made with the Commission, an updated
Check Sheet accompanies the Price List filing. The Check Sheet lists the Sheets
contained in the Price List with a cross-reference to the current revision number.
When new Sheets are added, the Check Sheet is changed to reflect the revision. All
revisions made in a given filing are designated by and asterisk (*)• There will be no
other symbols used on this Sheet if these are the only changes made to it (i.e., the
format, etc., remains the same, just revised revision levels on some Sheets). The
Price List user should refer to the latest Check Sheet to find if a particular Sheet is
the most current on file with the Commission.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 9
APPLICATION OF PRICE LIST
A.This Price List schedule sets forth the Service offerings, rates, terms and conditions
applicable to the furnishing of specialized combined local exchange Services offered
by TNCI to Customers in the State of Idaho, subject to availability.
B.TNCI has been granted authority to provide Local Exchange Service in the areas
served by Verizon and Qwest.
C.The rates and regulations contained in this Price List apply only to the intrastate
telecommunications Services furnished by TNCI and do not apply, unless otherwise
specified, to the lines, facilities, or the Services provided by a Local Exchange
Carrier or other common Carrier for use in accessing the Services of TNCI. This
Price List does not cover any information service or other unregulated service offered
by TNCI. TNCI will offer any information or other unregulated service in accordance
with TNCI's current price list or contract, whichever applies to the particular
Customer.
D.TNCI may not be deemed to have waived or impaired any right, power, requirement
or option reserved by this Price List (including, but not limited to, the right to demand
exact compliance with every term and condition herein), by virtue of any custom or
practice of TNCI at variance with the terms hereof, or any failure, refusal or neglect
of TNCI to exercise any right under this Price List or to insist upon exact compliance
with its terms, or any waiver, forbearance, delay, failure or omission by TNCI to
exercise any right, power or option hereunder.
E.The rates, rules, terms and conditions contained herein are subject to change
pursuant to the rules and regulations of the Commission.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 10
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
Certain terms used generally throughout this Price List are defined in this section. Other terms
having reference only to a specific Service offered by TNCI may be defined in the sections
applicable to that Service.
Access Line: A circuit providing Exchange Service between a Customer's standard network
interface and a serving switching center.
Applicant: The individual, firm, partnership, association, corporation, municipality, cooperative
organization, governmental agency, etc., which has applied to TNCI for Services provided as
set forth in this Price List.
Authorized User: A person, firm, corporation or other entity that either is authorized by the
Customer to use Service or is placed in a position by the Customer, either through acts or
omissions, to use Service.
Basic Local Exchange Service: Service that includes the following:
• Single-party Service;
• Voice grade access to the public switched network;
• Support for local use;
• Dual tone multifrequency signaling (touch-tone);
• Access to emergency Services (911);
• Access to operator Services;
• Access to lnterexchange Services;
• Access to directory assistance; and
• Toll limitation Services.
Business Customer: A Business Customer is a Customer who subscribes to TNCI's
Service(s) and whose primary use of the Service is of a business, professional, institutional, or
otherwise occupational nature. Please note, TNCI only offers Service(s) to business customers;
TNCI does not offer Service(s) to residential customers.
Called Station: The terminating point of a call (i.e., the called number).
Carrier: An entity certified by the Commission to provide telecommunications Services within
the State of Idaho. Companies providing telecommunications Services but for which
certification is not required by Commission are also included in this definition.
Central Office: A switching unit, in one location of a telecommunications system providing
Service to the general public, having the necessary equipment and operating arrangements for
terminating and interconnecting lines.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 11
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, Continued
Channel: A communications path between two or more points of termination.
Commission: State of Idaho Public Utilities Commission.
TNCI: TNCI Operating Company LLC ("TNCI")
Customer: The individual, firm, partnership, association, corporation, municipality, cooperative
organization, governmental agency, etc., which contracts for telephone Service and is
responsible for the payment of charges and compliance with the rules and regulations of TNCI.
Please note, TNCI only offers Service(s) to business customers within the State of Idaho.
Customer Premises: A location designated by the Customer for the purposes of connecting to
TNCI's Services.
Directory Listing: The publication in alphabetical directory published by an incumbent local
exchange carrier ("LEC") of information relative to a subscriber's telephone number, by which
telephone Users are enabled to ascertain the telephone number of a desired telephone.
Disconnect or Disconnection: The termination of a circuit connection between the Originating
Station and the Called Station or TNCI's operator.
End User: Any person, firm, corporation, partnership or other entity that uses the Services of
TNCI under the provisions and regulations of this Price List. The End User is responsible for
payment unless the charges for the Services utilized are accepted and paid by another
Customer.
Exchange: A basic unit for the administration of communication Services in a specified area,
called the Exchange Area. It usually consists of one or more Central Offices together with the
associated plant used in furnishing communication Service in that area.
Facility or Facilities: Includes, in the aggregate or otherwise, but is not limited to, the
following: Channels, Lines, Apparatus, Devices, Equipment, Accessories, Communications
paths and Systems, which are provided by TNCI and utilized by it in the furnishing of
telecommunications Services or which are provided by a Customer and used for
telecommunications purposes.
Force Majeure: Causes beyond TNCI's control, including but not limited to: acts of God, fire,
flood explosion or other catastrophes; any law, order, regulation, direction, action or request of
the United States Government, or of any other government, including state and local
governments having or claiming jurisdiction over TNCI, or of any department, agency,
commission, bureau, corporation related thereto.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 12
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, Continued
Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, or any day which is a legally observed federal government holiday.
Installation Charges: Charges, which are assessed on a non-recurring basis at the
establishment of a Service.
Interexchange: Telephone calls, Traffic, Facilities or other items that originate in one
Exchange and terminate in another.
InterLATA: A term used to describe Services, functions, etc., that relate to telecommunications
originating in one LATA and terminating outside of the originating LATA.
IntraLATA: A term used to describe Services, revenues, functions, etc., that relate to the
telecommunications that originate and terminate within the same LATA.
Joint User: An individual, partnership, association or corporation sharing a Customer's
Exchange Service according to the provisions of this Price List for such shared use.
LATA (Local Access and Transport Area): A geographical area established by the U.S.
District Court for the District of Columbia in Civil Action No. 82-0192 or any other geographical
area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C. No.
4 or its successor Tariffs.
Local Calling Area: One or more rate centers within which a Customer can place calls without
incurring long-distance (toll) charges.
Local Exchange Carrier ("LEC"): A company that furnishes Local Exchange
telecommunications Service.
Local Exchange Service: The furnishing of telecommunications Service to individual and
Business Customers within a specified geographical area for Basic Local Exchange Service.
Local Exchange Service Area: The area within which a Customer may make calls without
payment of message toll charges. A Local Exchange Service Area may include one or more
Exchange Areas of TNCI or of other telephone companies.
Premises: The building, or portion or portions of a building or structure, occupied at one time
by a Customer either as a residence or for business use.
Service(s): The intrastate telecommunications Service(s) that TNCI offers as set forth in this
Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 13
SECTION 1 - DEFINITIONS AND ABBREVIATIONS, Continued
Station: Telephone equipment from or to which calls are placed.
Telecommunications Relay Service (TRS): Enables deaf, hard-of-hearing or speech-
impaired persons who use a text telephone or similar devices, to communicate freely with the
hearing population not using text telephone and visa versa.
Trunk: A communications path connecting two switching systems in a network used in the
establishment of an end-to-end connection.
User: A Customer or any other person authorized by the Customer to use Service provided
under this Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 14
SECTION 2- RULES AND REGULATIONS
2.1. UNDERTAKING OF TNCI
2.1.1. Scope
A.TNCI undertakes to furnish competitive Local Exchange communications
Services within the State of Idaho pursuant to the rates, terms and conditions
set forth in this Price List.
B.Customers and Users may use Services and Facilities provided under this
Price List to obtain access to Services offered by other service providers.
TNCI is responsible under this Price List 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 TNCI network in order to
originate or terminate its own services, or to communicate with its own
customers.
C.TNCI offers Services to Customers for the transmission and reception of
voice, data, and other types of communications.
D.TNCI does not transmit messages pursuant to this Price List, but its Services
may be used for that purpose.
E.TNCI's Services are provided on a monthly basis unless otherwise provided,
and are available twenty-four (24) hours per day, seven (7) days per week,
and three-hundred and sixty-five (365) days per year.
F.TNCI may, at TNCI's sole discretion, elect to employ third parties to perform
any of its obligations under this Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 15
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.2. Shortage of Equipment or Facilities
A.TNCI reserves the right to limit or to allocate the use of existing Facilities, or
of additional Facilities offered by TNCI, when necessary because of lack of
Facilities, or due to some other causes beyond TNCI's control.
B.The furnishing of Service under this Price List is subject to the availability on
a continuing basis of all the necessary Facilities and is limited to the capacity
of TNCI's Facilities as well as Facilities TNCI may obtain from other Carriers
to furnish Service from time to time as required at the sole discretion of TNCI.
C.Notwithstanding anything else in this Section, the quality of Service will meet
or exceed the minimum standards set forth in Commission regulations as
amended from time to time.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 16
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.3. Terms and Conditions
A.Service is provided on the basis of a minimum period of at least one month,
24-hours per day. For the purpose of computing charges in this Price List, a
month is considered to have 30-days.
B.Customers may be required to enter into written Service orders, which shall
contain or reference a specific description of the Service ordered, the rates to
be charged, the duration of the Services, and the terms and conditions in this
Price List; further, Customers will also be required to execute any other
documents as may be reasonably requested by TNCI.
C.At the expiration of 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 30-days' written
notice. Any termination shall not relive the Customer of its obligation to pay
any charges incurred under the Service order and this Price List 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.
D.This Price List shall be interpreted and governed by the laws of the State of
Idaho.
E.No other telecommunications provider may interfere with the right of any
person or entity to obtain Service directly from TNCI. 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 TNCI.
F.To the extent that either TNCI or any other telephone TNCI 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 TNCI makes similar Facilities under its control available to its
Customers. At the reasonable request of either party, TNCI and the other
telephone TNCI shall join the attempt to obtain from the owner of the property
access for the other party to serve a person or entity.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 17
SECTION 2 - RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI
Because the Customer has exclusive control of its communications over the Services
furnished by TNCI, and because interruptions and errors incident to these Services
are unavoidable, the Services TNCI furnishes are subject to the terms, conditions,
and limitations specified in this Price List and to such particular terms, conditions,
and limitations as set forth in the special regulations applicable to the particular
Services and Facilities furnished under this Price List.
A.Liability for Service Disruption - The liability of TNCI for damages arising out
of the furnishing of its Services, including but not limited to mistakes,
omissions, interruptions, delays, or errors, or other defects, representations,
or use of these Services or arising out of the failure to furnish the Service,
whether caused by act or omission, shall be limited to the proportionate
charge (based on the rates then in effect) for the Service during the period of
time in which the Service is affected. The extension of such allowances for
interruption shall be the sole remedy of the Customer and the sole liability of
TNCI. TNCI will not be liable for any direct, indirect, incidental, special,
consequential, exemplary or punitive damages to Customer as a result of any
TNCI Service, equipment, or Facilities, or the acts or omissions or negligence
of TNCI's employees or agents.
B.Indemnification - TNCI will not be liable to the Customer or Authorized User
for, and the Customer and any Authorized User, jointly and severally, will
indemnify, defend and hold harmless TNCI from any allegation, claim, loss,
damage, liability, defect, cost or expense resulting from or involving:
Circumstances Beyond TNCI's Control - TNCI shall not be liable for
any delay or failure of performance or equipment due to causes
beyond its control, including but not limited to: acts of God, fire, flood,
explosion or other catastrophes; any law, order, regulation, direction,
action or request of the Unites States government or of any other
government, including state and local governments having or claiming
jurisdiction over TNCI, or of any department, agency, commission,
bureau, corporation or other instrumentality of any one or more of
these federal, state, or local governments, or of any military authority;
preemption of existing Service in compliance with national
emergencies; insurrections; riots; wars; unavailability of rights-of-way
or materials, or strikes, lockouts, work stoppages, or other labor
difficulties when it does not involve TNCI's employees.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 18
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
2.Acts of Other Entities - TNCI shall not be liable for: (a) any act or
omission of any entity furnishing TNCI or TNCI's Customers facilities
or equipment used for or with the Services TNCI offers, or (b) for the
acts or omissions of other Carriers or warehousemen.
3.Acts of the Customer - TNCI shall not be liable for any damages or
losses due to the fault of negligence of the Customer, its employees,
agents, or suppliers, or due to the failure of malfunction of Customer-
provided equipment or facilities. This limitation of liability also pertains
to Customer Premises Equipment ("CPE") purchased or leased from
TNCI by the Customer.
4.Damage to Customer's Premises - TNCI shall not be liable for any
defacement of or damage to Customer Premises resulting from the
furnishing of Services or equipment on such Premises or the
installation or removal thereof, unless such defacement or damage is
caused by gross negligence or willful misconduct of TNCI's agents or
employees.
5.Liability for Acts of Other Carriers or Companies - TNCI shall not be
liable for any act or omission of any other TNCI or companies
supplying a portion of the Service, or for damages associated with
Service, Channels, or equipment which it does not furnish, or for
damages which result from the operation of Customer-provided
systems, equipment, facilities or services which are interconnected
with TNCI Services.
6.Liability for Transmission Errors - TNCI shall not be liable for damages
arising out of mistakes, omissions, interruptions, delays, errors or
defects in transmission or other injury, including but not limited to
injuries to persons or property from voltages or currents transmitted
over the Service of TNCI, (1) caused by Customer-provided
equipment or (2) not prevented by Customer-provided equipment but
which would have been prevented had TNCI-provided equipment
been used.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 19
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
B. Indemnification, Continued
7.Disconnection of Service - TNCI shall not be liable for the
Disconnection of Service for failure to pay the charges billed to
Customer, including but not limited to, any direct, indirect, incidental,
special consequential, exemplary or punitive damages, so long as
such Disconnection of Service complied with the applicable rules and
regulations; or
8.Violations - TNCI shall not be liable for violations of the obligations of
the Customer under this Price List; or
9.Interruption - TNCI shall not be liable for the interruption of a call to
any party or any other person in conjunction with use of the Busy Line
Verification and Interrupt Service; or
10.Loss, Destruction or Damage - TNCI shall not be liable for any loss,
destruction or damage to property of the Customer, the Customer's
agent, distributors, or any third party, or the death of or injury to
persons, including, but not limited to, employees or invitees of either
TNCI or the Customer, to the extent caused by or resulting from the
negligent or intentional act or omission of TNCI, Customer, Authorized
User or their employees, agents representatives or invitees; or
11.Unlawful Acts - TNCI shall not be liable for unlawful acts of TNCI's
agents and employees if committed beyond the scope of their agency
or employment; or
12.Disclosure - TNCI shall not be liable for misrepresentation of, or the
failure to disclose, the lawful rates and charges published in the Price
List, so long as TNCI has complied with any applicable rules and
regulation related thereto; or
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 20
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
B. Indemnification, Continued
13.Fees - TNCI shall not be liable for fees TNCI delivered to a jurisdiction
in question and not returned to TNCI; or
14.Caller ID Blocking - TNCI shall not be liable for any failures, errors
malfunctions or omissions of Caller ID Blocking whether or not arising
from or relating to any ordinary negligence or other conduct by TNCI;
or,
15.Unauthorized Use - TNCI shall not be liable for any unauthorized use
of the Service provided to Customer.
C. Limitations of Damages and of Period for Bringing Claims - The entire liability
of TNCI for any claim, loss, damage or expense from any cause whatsoever
shall in no even exceed sums actually paid to TNCI by the Customer for the
specific Services giving rise to the claim, and no action or proceeding against
TNCI shall be commenced more than one (1) year after the Service related to
the claim is rendered.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
INCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 21
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
D.Service Installation and Operation - TNCI does not guarantee nor make any
warranty with respect to Service installations at locations at which there is
present an atmosphere that is explosive, prone to fire, dangerous or
otherwise unsuitable for such installations. The Customer shall indemnify
and hold TNCI harmless from any and all loss, claims, demands, suits or
other action, or any liability whatsoever, whether suffered, made, instituted or
asserted by the Customer or by any other party, for any personal injury to,
harm, or death of, any person or persons, or for any loss, damage or
destruction of any property, whether owned by the Customer or others,
caused or claimed to have been caused, directly or indirectly, by the
installation, operation, failure to operate, maintenance, removal, presence,
condition, locations or use of Service furnished by TNCI at such locations.
TNCI reserves the right to require each Customer to sign an agreement
acknowledging acceptance of the provisions of this Section as a condition
precedent to such installations.
E.Connection to TNCI's Network - TNCI shall not be liable for the Customer's
failure to fulfill its obligations to take all necessary steps including, without
limitation, obtaining, installing and maintaining all necessary equipment,
materials and supplies, for interconnecting the terminal equipment or
communications system of the Customer, or any third party acting as its
agent, to TNCI's network. The Customer shall secure all licenses, permits,
rights of way, and other arrangements necessary for such interconnection. In
addition, the Customer shall ensure that its equipment and/or system or that
of its agent is properly interfaced with TNCI's Service, that the signals emitted
into TNCI's network are of the proper mode, band-width, power data speed,
and signal level for the intended use of the Customer and that the signals do
not damage TNCI equipment, injure its personnel or degrade Service to other
Customers. If the Customer or its agent fails to maintain and operate its
equipment and/or system or that of its agent properly, with resulting imminent
harm to TNCI equipment, personnel, or the quality of Service to other
Customers, TNCI may, upon written notice, require the use of protective
equipment at the Customer's expense. If this fails to produce satisfactory
quality and safety, TNCI may, upon written notice, terminate the Customer's
Service without liability.
Issued: April 30, 2013
Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 22
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
F.EXPRESS AND IMPLIED WARRANTIES - TNCI 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.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TNCI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
TNCI MAKES NO WARRANTY THAT SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR MEET ANY
PARTICULAR PERFORMANCE LEVEL; NOR DOES TNCI MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH
THE SERVICES OR THAT ANY DEFECT IN THE SERVICE WILL BE
CORRECTED.
G.Errors in Billing - The liability of TNCI for errors in billing that result in
overpayment by the Customer will be limited to a credit equal to the dollar
amount erroneously billed or, in the even that payment has been made and
Service has been discontinued, to a refund of the amount erroneously billed.
H.Provision of Service - TNCI will not be liable for any refusals or failures to
provide or delays in commencing Service to any Customer or for any failure
to provide or maintain Service at any particular performance level.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 23
SECTION 2 - RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
Emergency 911 Service
With respect to emergency 911 Service:
This Service is offered solely as an aid in handling assistance calls in
connection with fire, police and other emergencies. TNCI is not
responsible for any losses, claims, demands, suites or any liability
whatsoever, whether suffered, made, instituted or asserted by the
Customer or by any other party or person for any personal injury to or
death of any person or persons, and for any loss, damage or
destruction of any property, whether owned by the Customer or
others, caused or claimed to have been caused by: (I) mistakes,
omissions, interruptions, delays, errors or other defects in the
provision of this Service, or (2) installation, operation, failure to
operate, maintenance, removal, presence, condition, location or use
of any equipment and facilities furnishing this Service.
2. Neither is TNCI responsible for any infringement nor invasion of the
right of privacy of any person or persons, caused or claimed to have
been caused, directly or indirectly, by the installation, operation,
failure to operate, maintenance, removal, presence, condition,
occasion or use of emergency 911 Service features and the
equipment associated therewith, or by any Services furnished by
TNCI 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 911 Service, and which arise
out of the negligence or other wrongful act of TNCI, the Customer, its
Users, agencies or municipalities, or the employees or agents of any
one of them.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 24
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.4. Liability of TNCI, Continued
J. Directory Listings - TNCI has no liability for damages arising from errors,
mistakes in or omissions of Directory Listings, or errors, mistakes or
omissions of listings obtainable from the directory assistance operator,
including errors in the reporting thereof.
Cost and Time - TNCI's liability arising from errors or omissions in
Directory Listings shall be limited to the actual cost to the Customer
for the Directory Listing during a given period of time. There is no
liability to TNCI and there will be no recovery by a Customer for loss
of business to a Customer for errors or omissions in Directory
Listings.
2.Private and Semi-Private Listings - In conjunction with private and
semi-private listing Services, TNCI will not be liable for failure or
refusal to complete any call to such telephone when the call is not
placed by dialing a number. TNCI will try to prevent the disclosure of
the number of such telephone, but will not be liable in any manner
should such number be divulged.
3.Non-Published Listings and Emergency Calls - When a Customer with
a non-published telephone number, as defined herein, places a call to
the Emergency 911 Service, TNCI will release the name and address
of the calling party, where such information can be determined, to the
appropriate local governmental authority responsible for the
Emergency 911 Service upon request of such government authority.
By subscribing to Service under this Price List, the Customer
acknowledges and agrees with the release of information under the
provisions as described above.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 25
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.5. Service-Affecting Activities
A. TNCI 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.
2.1.6. Provision of Equipment and Facilities
A.TNCI shall use reasonable efforts to make available Services to a Customer
on or before a particular date, subject to the provisions of and compliance by
the Customer with, the regulations contained in this Price List. TNCI does not
guarantee availability by any such date and shall not be liable for any delays
in commencing Service to any Customer.
B.TNCI shall use reasonable efforts to maintain only the Facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may
the Customer permit others to, rearrange, Disconnect, remove, and attempt
to repair, or otherwise interfere with any of the Facilities or equipment
installed by TNCI, except upon the written consent of TNCI.
C.TNCI may substitute, change any equipment or Facility at reasonable times,
but shall not thereby alter the technical parameters of the Service provided
the Customer.
D.Equipment TNCI provides or installs at the Customer Premises for use in
connection with the Services TNCI offers shall not be used for any purpose
other than that for which it was provided by TNCI.
E.The Customer shall be responsible for the payment of Service charges as set
forth herein for visits by TNCI's agents or employees to the Premises of the
Customer when the Service difficulty or trouble report results from the use of
equipment or Facilities provided by any party other than TNCI, including but
not limited to the Customer.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 26
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.6.. Provision of Equipment and Facilities, Continued
F. TNCI shall not be responsible for the installation, operation, or maintenance
of any Customer-provided communications equipment. Where such
equipment is connected to the Facilities furnished pursuant to this Price List,
the responsibility of TNCI shall be limited to the furnishing of Facilities offered
under this Price List and to the maintenance and operation of such Facilities.
Subject to this responsibility, TNCI shall not be responsible for:
The transmission of signals by Customer-provided equipment or for
the quality of, or defects in, such transmission; or
2. The reception of signals by Customer-provided equipment.
2.1.7. Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed
outside TNCI's regular business hours or in hazardous locations. In such cases,
charges based on cost of the actual labor, material, or other costs incurred by or
charged to TNCI will apply. If installation 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 TNCI and to all of the regulations contained in this Price
List, special construction of Facilities may be undertaken on a reasonable efforts
basis at the request of the Customer. Special construction is that construction
undertaken:
A.where Facilities are not presently available, and there is no other requirement
for the Facilities so constructed;
B.of a type other than that which TNCI would normally utilize in the furnishing of
its Services;
C.over a route other than that which TNCI would normally utilize in the
furnishing of its Services;
D.in a quantity greater than that which TNCI would normally construct;
Issued: April 30, 2013
Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 27
SECTION 2- RULES AND REGULATIONS, Continued
2.1. UNDERTAKING OF TNCI, Continued
2.1.8. Special Construction, Continued
E.on an expedited basis;
F.on a temporary basis until permanent Facilities are available;
G.involving abnormal costs; or
H.in advance of its normal construction.
2.1.9. Ownership of Facilities
Title to all Facilities in accordance with this Price List remains in TNCI, its agents,
wholesale partners or contractors.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 28
SECTION 2- RULES AND REGULATIONS, Continued
2.2. PROHIBITED USES
2.2.1. No Unlawful Purpose
The Services TNCI offers shall not be used for any unlawful purpose or for any use
as to which the Customer has not obtained all required governmental approvals,
authorizations, licenses, consents and permits.
2.2.2. Compliance Letter Required
TNCI may require Applicants for Service who intend to use TNCI's offerings for
resale and/or for shared use to file a letter with TNCI confirming that their use of
TNCI's offerings complies with relevant laws and Commission regulations, policies,
orders, and decisions.
2.2.3. No Interference
Service may not be used in any manner, which interferes with other persons in the
use of their Service, prevents other persons from using their Service, otherwise
impairs the quality of Service to other Customers, or impairs the privacy of any
communications over any Service provided by TNCI. TNCI may require a Customer
to immediately shut down its transmission of signals if said transmission is causing
interference to others.
2.2.4. Assignment Provisions
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 TNCI. TNCI will permit a Customer to transfer its existing Service to
another entity if the existing Customer has paid all charges owed to TNCI for
regulated communications Services. Such a transfer will be treated as a
Disconnection of existing Service and installation of new Service, and non-recurring
Installation Charges as stated in this Price List will apply.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 29
SECTION 2- RULES AND REGULATIONS, Continued
2.2. PROHIBITED USES, Continued
2.2.5. TNCI Provided Equipment
Equipment TNCI provides or installs at the Customer's Premises for use in
connection with the Services TNCI offers may not be used for any other purpose
other than for which TNCI provided it. Customer may not, and may not permit others
to, rearrange, Disconnect, remove, attempt to repair, or otherwise interfere with any
of the Services or equipment installed by TNCI or TNCI's agent, except upon the
consent of TNCI.
2.2.6. Service Used for Compensation
Service may not be used for any purpose for which the Customer receives any
payment or other compensation, except when the Customer is a duly authorized and
regulated common Carrier. This provision does not prohibit an arrangement
between the Customer and Authorized User to share the cost of Service.
2.2.7. Service Used to Annoy or Harass
Service may not be used in any manner so as to annoy, abuse, threaten, or harass
other persons.
2.2.8. Service Used for Impersonation or Lewd or Obscene Purposes
Service shall not be used to impersonate another person with fraudulent or malicious
intent. Service shall not be used to make any oral or written comment, request,
suggestion or proposal, or to transmit any nonverbal material, which is obscene,
lewd, lascivious, filthy, or indecent, regardless of the format or avenue of transmitting
the indecent or obscene material (e.g., 900 or 999 service).
2.2.9. Service Used Without Payment
The use of TNCI's Services either without payment for Service or attempting to avoid
payment for Service by fraudulent means or devices, schemes, false or invalid
numbers, or false calling or credit cards is prohibited.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 30
SECTION 2- RULES AND REGULATIONS, Continued
2.2. PROHIBITED USES, Continued
2.2.10. Rights and Titles Remain with TNCI
Except as provided by law, Commission regulations or the Federal Communications
Commission's regulations, the Customer obtains no property right or interest in the
use of any specific type of Facility, Service, equipment, telephone number, process
or code. All rights, titles and interests remain, at all times, solely with TNCI.
2.2.11. Use of Resold Services from Other Providers
Customer's use of any resold service obtained from other service providers is also
subject to any applicable restrictions in the underlying provider's publicly available
Price Lists.
2.2.12. Use for Solicitation by Recorded Messages
Service shall not be used for the purpose of solicitation by recorded messages when
such solicitation occurs as a result of unrequited or unsolicited calls initiated by the
solicitor by means of automatic dialing devices. Such devices, with storage
capability of numbers to be called or a random or sequential number generator that
produces numbers to be called and having the capability, working alone or in
conjunction with other equipment, of disseminating a prerecorded message to the
number called and which are calling party or called party controlled, are expressly
prohibited in accordance with state and federal laws.
2.2.13. Use for Clerical Services
A Customer may extend Service capable of two-way communication to the location
of another Business Customer for the purpose of performing clerical services, which
include the answering and originating of telephone calls. All regulations governing
use of Service and the charges normally associated with the equipment and
Channels involved are applicable in accordance with state and federal laws.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 31
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER
2.3.1. Payment of Bills and Charges
A.The Customer shall be responsible for the payment of all applicable charges
for Services rendered pursuant to this Price List;
B.The Customer is responsible for the payment of charges for visits by TNCI's
agents or employees to the Premises of the Customer or Authorized User
when the Service difficulty or trouble report results from the use of Services
and equipment by the Customer or Authorized User.
C.Customer is responsible for the payment of any bills for Services and for the
resolution of any disputes or discrepancies with TNCI. TNCI has no
responsibility with respect to billing, charges or disputes related to services
used by Customer which are not included in Services herein including,
without limitation, any local, regional and long distance services not provided
by TNCI.
D.A maximum charge of $20.00 may be assessed for checks with insufficient
funds or non-existing accounts.
E.If the Customer chooses to place information services provider ("ISP") calls or
receives calls via a non-TNCI Operating Company LLC affiliated carrier, the
Customer will be liable for all charges related to such calls; including without
limitation, charges billed to TNCI or Customer by ISP or other carriers, and
any applicable rebilling charge and charges for any service provided by TNCI
or its affiliates.
2.3.2. Unauthorized Use
The Customer is responsible for any damages, including usage charges that the
Customer may incur as a result of the unauthorized use of its communications
equipment. The unauthorized use of the Customer's communications equipment
includes, but is not limited to, the placement of calls from the Customer's Premises
and the placement of calls through Customer-controlled or Customer-provisioned
equipment that are transmitted or carried over TNCI's network without the
authorization of the Customer.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 32
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
2.3.3. Identification
The Customer is responsible for verifying the name(s) of the Authorized Users
allowed to request and use the Customer's Service, upon TNCI request, and for
establishing identity as often as is necessary during the course of a call to TNCI or
when seeking credits from TNCI.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 33
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
2.3.4. TNCI-Provided Equipment and Facilities
A.Damage to TNCI Facilities or Equipment - The Customer shall be responsible
for reimbursing TNCI for damage to, or loss of, TNCI's Facilities or equipment
caused by the acts or omissions of the Customer; or the failure of the
Customer to comply with these regulations; or by fire or theft or other casualty
on the Customer's Premises, unless caused by the negligence or willful
misconduct of the employees or agents of TNCI. TNCI will, upon
reimbursement for damages, cooperate with the Customer in prosecuting a
claim against the person causing such damage and the Customer shall be
subrogated to TNCI's right of recovery of damages to the extent of such
payment.
B.Return of Equipment - Customer will return to TNCI within five (5) days of
termination of Service all TNCI-provided equipment. All returned equipment
must be in the same condition as when delivered to the Customer by TNCI.
Upon demand, Customer will reimburse TNCI for any costs incurred by TNCI
due to Customer's failure to comply with this Section.
2.3.5. Resources and Rights of Way
A.The Customer must make arrangements or obtain permission for safe,
reasonable and continuous access and right-of-way for TNCI employees or
agents of TNCI to enter the Premises of the Customer or any Authorized
User of the Customer at any reasonable hour for the purpose of performing
TNCI's obligations under this Price List.
B.The Customer shall be responsible for obtaining, maintaining, and otherwise
having full responsibility for all rights-of-way and conduits necessary for
installation of fiber optic cable and associated equipment used to provide
Communication Services to the Customer from the cable building entrance or
property line to the location of the equipment space described in Subsection
(A) above. TNCI may require the Customer to demonstrate its compliance
with this Section prior to accepting an order for Service.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 34
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
2.3.5. Resources and Rights of Way, Continued
C.The Customer shall be responsible for making TNCI Facilities and equipment
available periodically for maintenance purposes at a time agreeable to both
TNCI and the Customer. No allowance for interruptions in Service will be
made for the period during which Service is interrupted for such purposes.
D.The Customer shall be responsible for providing, at no charge to TNCI and as
specified from time to time by TNCI, any needed personnel, equipment,
space and power to operate TNCI Facilities 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.
2.3.6. Working Conditions
A.The Customer shall be responsible for providing at no charge, as specified
from time to time by TNCI, any needed personnel, equipment space and
power to operate TNCI Facilities 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.
B.The Customer shall be responsible for providing a safe place to work and
complying with all laws and regulations regarding the working conditions on
the Premises at which TNCI employees and agents shall be installing or
maintaining TNCI's Facilities and equipment. The Customer may be required
to install and maintain TNCI Facilities and equipment within a hazardous area
if, in TNCI's opinion, injury or damage to TNCI's employees or property might
result from installation or maintenance by TNCI. The Customer shall be
responsible for identifying, monitoring, removing and disposing of any
hazardous material (e.g. friable asbestos) prior to any construction or
installation work.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 35
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
2.3.7. Compliance with Regulations - The Customer is responsible for compliance with
applicable regulations set forth in this Price List.
2.3.8. Compliance with Law - The Customer shall be responsible for 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 TNCI Facilities and
equipment in any Customer Premises or the rights of way for which the Customer is
responsible under this Price List and granting or obtaining permission for TNCI's
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 TNCI.
2.3.9. Liens or Encumbrances - The Customer shall be responsible for not creating or
allowing to be placed or maintained any liens or other encumbrances on TNCI's
equipment or Facilities or Customer-Premises equipment leased by the Customer
from TNCI.
2.3.10. Relationship - A Customer or Authorized User may not represent in any way that
the relationship between Customer or Authorized User and TNCI is anything other
than one of customer and supplier, respectively. Nothing in this Price List gives
Customer or Authorized Users any authority to bind or otherwise incur liability on
behalf of TNCI. Nothing in this Price List constitutes an endorsement by TNCI of any
activity, service or product of Customer or Authorized Users.
2.3.11. Claims - With respect to any Service or Facility provided by TNCI, the Customer
shall indemnify, defend and hold harmless TNCI from all claims, actions, damages,
liabilities, costs and expenses, including reasonable attorneys' fees for:
A.Any loss, destruction or damage to the property of TNCI or any third party, or
the death of or injury to persons, including, but not limited to, employees or
invitees of either TNCI or the Customer, to the extent caused by or resulting
from the negligent or intentional act or omission of the Customer, its
employees, agents, representatives or invitees; or
B.Patent or trademark infringement or other infringement of intellectual property
rights including, but not limited to, copyrights, trademarks, and trade secrets,
from (1) combining TNCI-provided Services and equipment with any facilities,
Services, or products provided by the Customer or Authorized User or (2) use
of Services, functions, or products which TNCI furnished in a manner TNCI
did not contemplate and over which TNCI exercises no control; or
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 36
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
C.Any claim for breach in the privacy or security of communications transmitted
over TNCI's Facilities; or
D.Any and all other claims arising out of any act or omission of the Customer or
others, in connection with any Service provided by TNCI pursuant to this
Price List.
2.3.12. Station Equipment
A.The Customer is responsible for providing and maintaining any terminal
equipment on the Customer Premises. The electric power consumed by
such equipment shall be provided by, and maintained at the expense of, the
Customer. All such terminal equipment must be registered with the FCC
under the FCC's rules and all wiring must be installed and maintained in
compliance with those regulations.
B.TNCI will, where practicable, notify the Customer that temporary
discontinuance of the use of a Service may be required; however, where prior
notice is not practicable, nothing contained herein shall be deemed to impair
TNCI's right to discontinue forthwith the use of a Service temporarily if such
action is reasonable under the circumstances.
C.In case of such temporary discontinuance, the Customer will be promptly
notified and afforded the opportunity to correct the condition that gave rise to
the temporary discontinuance. During such period of temporary
discontinuance, credit allowance for Service interruptions as set forth in
Section 2.6 following is not applicable.
D.The Customer is responsible for ensuring that Customer-provided equipment
connected to TNCI equipment and Facilities is compatible with such
equipment and Facilities. The magnitude and character of the voltages and
currents impressed on TNCI-provided equipment and wiring shall be such as
not to cause damage to TNCI-provided equipment and wiring or injury to
TNCI's employees or other persons. Any additional protective equipment
required to prevent such damage or injury shall be provided by TNCI at the
Customer's expense.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 37
SECTION 2- RULES AND REGULATIONS, Continued
2.3. OBLIGATIONS OF THE CUSTOMER, Continued
2.3.13. Interconnection of Facilities - Any special interface equipment necessary to
achieve compatibility between the Facilities and equipment of TNCI used for
furnishing Local Exchange Service and the Channels, facilities, or equipment of
others may be provided at the Customer's expense. TNCI's Services (as detailed in
Section 3 of this Price List) 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 Price Lists of the other communications Carriers that are
applicable to such connections. Facilities furnished under this Price List may be
connected to Customer-provided terminal equipment in accordance with the
provisions of this Price List.
2.3.14. Inspections - Upon reasonable notification to the Customer, and at a reasonable
time, TNCI may make such tests and inspections as may be necessary to determine
that the Customer is complying with the requirements set forth in this Price List for
the installation, operation, and maintenance of Customer-provided facilities and
equipment to TNCI-owned Facilities and equipment. No credit will be allowed for any
interruptions occurring during such inspections. If the protective requirements for
Customer-provided equipment are not being complied with, TNCI may take such
action as it deems necessary to protect its Facilities, equipment and personnel.
TNCI will notify the Customer promptly if there is any need for further corrective
action. Within ten days of receiving this notice the Customer must take this
corrective action and notify TNCI of the action taken. If the Customer fails to do this,
TNCI may take whatever additional action is deemed necessary, including the
suspension of Service, to protect it s Facilities, equipment and personnel from harm.
TNCI will, upon request 24 hours in advance, provide the Customer with a statement
of technical parameters that the Customer equipment must meet.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 38
SECTION 2- RULES AND REGULATIONS, Continued
2.4. CUSTOMER EQUIPMENT AND CHANNELS
2.4.1. General
A User may transmit or receive information or signals via the Facilities of TNCI.
TNCI's Services are designed primarily for the transmission of voice-grade or data
telephonic signals, except as otherwise stated in this Price List. A User may transmit
any form of signal that is compatible with TNCI's equipment, but TNCI does not
guarantee that its Services will be suitable for purposes other than voice-grade
telephonic and data communication except as specifically stated in this Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 39
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS
2.5.1. Establishment of Service
A. Application for Service
An Applicant for Service may be required by TNCI in its sole
discretion to sign an application form requesting TNCI to furnish
Facilities or Service in accordance with the rates, charges, rules and
regulations as set forth in this Price List. This application for Service,
where required by TNCI, together with the provisions of this Price List,
establishes the Contract between TNCI and the Customer, which may
not be assigned or transferred in any manner.
2.If Customer's Service has been terminated and the Customer wishes
to reestablish Service, payment of all unpaid, undisputed charges, as
well as a Deposit and I or Advance Payment for all connection
charges, may be required prior to re-establishing Service, pursuant to
rules of the Commission and state laws, if any.
3.TNCI may refuse to establish Service if any of the following conditions
exist:
(a)The Applicant has an outstanding amount due for similar
Services and is unwilling to make acceptable arrangements
with TNCI for payment; or
(b)A condition exists which in TNCI's judgment is unsafe or
hazardous to the Applicant, the general population, or TNCI's
personnel or facilities; or
(c)Refusal by the Applicant to provide TNCI with a Deposit when
the Customer has failed to meet the credit criteria for waiver of
Deposit requirements; or
(d)The Applicant is known to be in violation of TNCI's Price Lists
filed with the Commission; or
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 40
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.1. Establishment of Service, Continued
A. Application for Service, Continued
3. TNCI may refuse to establish, Continued
(e)Failure of the Applicant to furnish such funds, suitable
facilities, and/or rights-of-way necessary to serve the Applicant
and which have been specified by TNCI as a condition for
providing Service; or
(f)Applicant falsifies his or her or its identity for the purpose of
obtaining Service; or
(g)TNCI may refuse to provide Service at an address where
Service has been discontinued for non-payment of bills for any
Service subject to this Price List if it is determined that the
non-payment Customer or real users of the Service still reside
at the address; or
(h)The Service requested is not expressly offered under this
Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 41
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.1. Establishment of Service, Continued
B. Establishment of Credit
Request for Service under this Price List will authorize TNCI to
conduct a credit search on the Customer. TNCI may refuse Service
on the basis of credit history and to refuse further Service due to late
payment or nonpayment by the Customer.
2.In order to assure the proper payment of all Customer-incurred
charges for Service, TNCI will require Applicants for Service and
Customers to establish and maintain acceptable credit.
3.The establishment or re-establishment of credit by an Applicant or
Customer will not relieve the Applicant or Customer from compliance
with other responsibilities, including the payment of advance
payments or bills, and in no way modifies the provisions concerning
disconnection and termination of Service for failure to pay Customer-
incurred charges for Service rendered by TNCI.
4.TNCI may refuse to furnish Service to an Applicant that has not paid
charges for Service of the same classification previously furnished by
any telephone TNCI until, at the option of TNCI, the Applicant pays
any past due bill and/or makes deposit arrangements suitable to
TNCI.
5.If the verification of credit results in unsatisfactory credit information, the
Applicant will be informed of the reason or reasons for denial of credit,
after which TNCI may refuse to provide or continue Service pursuant to
State of Idaho law.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 42
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.1. Establishment of Service, Continued
B. Establishment of Credit, Continued
6. An existing Customer may be required to reestablish when any of the
following conditions occur:
(a)During the first twelve (12) months that a Customer receives
Service, the Customer pays late three (3) times or has Service
disconnected by TNCI for nonpayment two (2) times; or
(b)After the first twelve (12) months that the Customer has
received Service, the Customer has had Service disconnected
two (2) times by TNCI or TNCI provides evidence that the
Customer used a device or scheme to obtain Service without
payment; or
(c)After the first twelve (12) months that a Customer has received
Service, the Customer pays late at least three (3) times during
any twelve (12) month period; or
(d)At any time during the term of the agreement the customers
exceeds the established credit limit.
7. Payment by a Customer of past-due bills will not, of itself, relieve the
Customer from the obligation of establishing credit.
8. A Customer may be required to reestablish credit when the nature of
Service furnished or the basis on which credit was established has
significantly changed.
9. If a Customer fails to reestablish credit as required by TNCI, Service
may be disconnected pursuant to Commission rule(s) and state laws,
if any.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 43
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
25.2. Payment for Service
A.Facilities and Service Charges - The Customer is responsible for the payment
of all charges for Facilities and Services furnished by TNCI to the Customer
and to all Users authorized by the Customer, regardless of whether those
Services are used by the Customer itself or are resold to or shared with other
persons.
B.Taxes - The Customer is responsible for payment of any sales, use, gross
receipts, excise, access or other local, state and federal taxes, charges or
surcharges (however designated) (excluding taxes on TNCI's net income)
imposed on or based upon the provision, sale or use of TNCI's Services.
C.Changes in Service 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.
D.Return Check Charge - Checks presented in payment for Services and
subsequently returned to TNCI by the Customer's financial institution for
"Non-Sufficient Funds" or other reasons will incur a nonrecurring charge up to
the maximum allowed by Commission rule, per Customer per check.
2.5.3. Billing and Collection of Charges
A.Recurring charges are billed monthly in arrears. Usage charges, if
applicable, are billed in arrears. Usage charges may apply for calls placed
from the Customer's line. No usage charges will apply to calls received by
the Customer.
B.Billing is payable upon receipt and past due pursuant to Commission rules
and State rules, if any.
C.Where any undercharge in billing of a Customer is the result of a TNCI
mistake, TNCI will backbill in accordance with the Commission's rules.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 44
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.4. Advance Payments
TNCI does not require advance payments.
2.5.5. Deposits
TNCI does not require deposits.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 45
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.6. Disputed Bills
The Customer is responsible for notifying TNCI in writing, within twenty-one (21)
days of the date of mailing of the bill, of any charges in dispute and the specific basis
of such dispute by the date on the invoice.
In case of a billing dispute between Customer and TNCI as to the correct amount of
a bill which cannot be adjusted with mutual satisfaction. Customer may enter the
following arrangement if confirmed by TNCI:
A.Customer requests and TNCI will comply with the request for an investigation
and review of the disputed amount.
B.The Customer pays the undisputed portion of the bill by the invoice Due Date
shown on the bill. Otherwise the Service will be subject to disconnection if
TNCI has notified Customer by written notice of such delinquency and
impending termination.
If there is still disagreement after the investigation and review by a manager of TNCI,
Customer may appeal to Commission for its investigation and decision.
TNCI will not disconnect Customer's Service for nonpayment as long as Customer
complies with this arrangement.
TNCI will respond to the Commission's requests for information within the timeframe
specified by the Commission.
The Commission will review the claim regarding the disputed amount, communicate
the results of its review to Customer and TNCI, and require disbursement according
to those results.
After the investigation and review are completed by TNCI as noted in subsection "A"
above, if Customer elects not to deposit the amount in dispute with Commission,
such amount becomes due and payable at once. In order to avoid disconnection of
Service, such amount must be paid within seven (7) calendar days after the date
TNCI notifies Customer that the investigation and review are completed and that
such payment must be made or Service will be interrupted. However, the Service
will not be disconnected prior to the Due By Date shown on the bill.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 46
SECTION 2- RULES AND REGULATIONS, Continued
2.5. PAYMENT ARRANGEMENTS, Continued
2.5.6. Disputed Bills, (Continued)
The address and telephone number of the Commission are:
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Telephone: (208) 334-0300
2.5.7. Late Payment Charges
Collection procedures and the requirement for a Deposit or Advance Payment are
not affected by the application of a late payment charge.
2.5.8. Credit Limit
TNCI may, at any time and at its sole discretion, set a credit limit for any Customer's
consumption of Services for any monthly period.
2.5.9. The Issuance of Credit or Payments
Customers may contact TNCI for resolution of billing disputes by telephone to TNCI's
Customer Service Department at (800) 800-8400 or in writing addressed to the
attention of TNCI Customer Service at 114 E. Haley Street, Suite A, Santa Barbara,
CA 93101. Customer Service representatives are available to address inquiries
during company business hours from Monday through Friday 8 a.m. to 10 p.m. (EST)
and Saturday 9 a.m. to 6 p.m. (EST).
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 47
SECTION 2- RULES AND REGULATIONS, Continued
2.6. INTERRUPTIONS OF SERVICE
2.6.1. General
A.TNCI may temporarily interrupt Service when necessary to effect repairs or
maintenance; to eliminate an imminent threat to life, health, safety or
substantial property damage; or for reasons of local, State or National
emergency. TNCI shall establish procedures to be followed by its employees
to prevent or mitigate interruption or impairment and provide prompt oral or
written notification to affected Customers.
B.It is the obligation of the Customer to notify. TNCI of any interruptions in
Service. Before giving such notice, the Customer will ascertain that the
trouble is not being caused by any action or omission of the Customer, is not
within the Customer's control, and is not in wiring or equipment connected to
the terminal of TNCI.
C.A credit allowance will not be given unless otherwise specified in this Price
List. A Service is interrupted when it becomes inoperative to the Customer,
e.g., the Customer is unable to transmit or receive because of a failure of a
component furnished by TNCI under this Price List.
D.If the Customer reports to TNCI that a Service, facility or Circuit is inoperative
but declines to release it for testing and repair, or refuses access to Customer
Premises for test and repair by TNCI or an agent of TNCI, the Service, facility
or Circuit is considered to be impaired but not interrupted. No credit
allowance will be made for a Service, facility or Circuit considered by TNCI to
be impaired. The Customer will be responsible for the payment of Service
charges as set forth herein when the Service difficulty or trouble report results
from the use of equipment or facilities provided by any party other than TNCI,
including, but not limited, to the Customer.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 48
SECTION 2- RULES AND REGULATIONS, Continued
2.6. INTERRUPTIONS OF SERVICE, Continued
2.6.2. Limitations of Allowances
No credit allowance will be made for any interruption in Service:
A.Due to the negligence of, willful act of, or noncompliance with the provisions
of this Price List by, the Customer; or
B.Due to the malfunction of Customer-owned telephone equipment; or
C.Due to a Force Majeure; or
D.During any period in which TNCI is not given full and free access to TNCI-
provided facilities and equipment for the purposes of investigating and
correcting interruptions; or
E.During any period when the Customer has released Service to TNCI for
maintenance purposes or for implementation of a Customer order for a
change in Service arrangements; or
F.That occurs or continues due to the Customer's failure to authorize
placement of any element of special construction; or
G.That occurs when TNCI, under the terms of the Contract for Service,
suspends or terminates Services for nonpayment of charges; or
H.For the unlawful or improper use of the facilities or Service.
2.6.3. Use of Another Means of Communications
If the Customer elects to use another means of communications during the period of
interruption, the Customer must pay the charges for the alternative Service used.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 49
SECTION 2 - RULES AND REGULATIONS, Continued
2.6. INTERRUPTIONS OF SERVICE, Continued
2.6.4. Application of Credits for Interruptions in Service
A.Credits for interruptions in Service that is provided and billed on a flat rate
basis for a minimum period of at least one (1) month, beginning on the date
that billing becomes effective, will in no event exceed an amount equivalent
to the proportionate charge to the Customer for the period of Service during
which the event that gave rise to the claim for a credit occurred. A credit
allowance is applied on a pro rata basis against the rates specified hereunder
and is dependent upon the length of the interruption. Credit will be given only
for that portion of the Customer's Service affected by the interruption.
B.For calculating allowances, every month is considered to have thirty (30)
days.
2.6.5. Credit Allowance for Interruptions in Service
If the interruption is for more than twenty four (24) hours, an allowance, at the rate for
that portion of the Customers Service affected by the interruption, will be made upon
request for the time such interruption continues after the fact is reported by the
Customer or detected by TNCI as follows:
A.If the interruption is for twenty four (24) hours or less, no allowance will be
made.
B.If the interruption continues for more than twenty-four (24) hours, the
allowance will be equal to one thirtieth (1/30th) of the monthly rates for the
first full twenty four (24) hour period and for each succeeding twenty four (24)
hour period or fraction thereof.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 50
SECTION 2- RULES AND REGULATIONS, Continued
2.7. RESTORATION OF SERVICE
2.7.1. The use and restoration of Service in emergencies shall be in accordance with part
64, Subpart D of the Federal Communications Commission's Rules and Regulations
on file with the Commission, which specifies the priority system for such activities.
2.7.2. At the Customer's request Service shall be restored when the causes of suspension
or discontinuance have been removed and when payment or satisfactory
arrangements for payment of all proper charges due from the Customer or Applicant,
including any proper Deposit, have been made as provided for in the Price List; or as
the Commission may order pending resolution of any bona fide dispute between
TNCI and the Customer or Applicant over the Disconnection.
2.7.3. When a Customer's Service has been disconnected in accordance with this Price
List and the Service has been terminated through the completion of a TNCI Service
order, Service will be restored only upon the basis of application for new Service.
2.7.4. A Customer whose Service has been discontinued for failure to establish credit or for
nonpayment of bills will be required to pay the unpaid balance due TNCI before
Service is restored.
2.7.5. Whenever Service has been discontinued for fraudulent or other unlawful use, TNCI
may, before restoring Service, require the Customer to make, at its own expense, all
changes in facilities or equipment necessary to eliminate such fraudulent or
otherwise unlawful uses and to pay an amount reasonably estimated as the loss in
revenues resulting from such fraudulent use.
2.7.6. Any Customer whose Service has been disconnected may be required to pay
Service reconnection charges equal to the initial Service Connection Charge before
Service is restored.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 51
SECTION 2- RULES AND REGULATIONS, Continued
2.8. USE OF CUSTOMER'S SERVICE BY OTHERS
Joint use arrangements will be permitted for all Services provided under this Price
List. From each joint use arrangement, one member will be designated as the
Customer responsible for the manner in which the joint use of the Service will be
allocated. TNCI will accept orders to start, rearrange, relocate, or discontinue
Service only from the designated Customer. Without affecting the Customer's
ultimate responsibility for payment of all charges for the Service, each Joint User
shall be responsible for the payment of the charges billed to it.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 52
SECTION 2 - RULES AND REGULATIONS, Continued
2.9. CANCELLATION OF SERVICE BY CUSTOMER
2.9.1. Customer may cancel local Service by providing written notice to TNCI thirty (30)
days prior to cancellation.
2.9.2. Customer is responsible for usage charges while still connected to TNCI's Service
and for the payment of associated local Exchange TNCI charges, if any, for Service
charges.
2.9.3. Any cost of TNCI expenditures shall be borne by the Customer if:
A.The Customer orders Service requiring special Facilities dedicated to the
Customer's use and then cancels the order before such Service begins,
before completion of the minimum period or before completion of some the
period mutually agreed with the Customer for the non-recoverable portions of
expenditures; or
B.Liabilities are incurred expressly on behalf of the Customer by TNCI and not
fully reimbursed by installation and monthly charges; and
C.If based on an order for Service and construction has either begun or has
been completed, but no Service provided.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 53
SECTION 2- RULES AND REGULATIONS, Continued
2.10. CANCELLATION OF SERVICE BY TNCI
2.10.1. Discontinuance Without Notice
TNCI reserves the right to immediately discontinue furnishing the Service to
Customers without incurring liability:
A.In the event of a condition determined to be hazardous to the Customer, to
other Customers of TNCI, to TNCI's equipment, the public or to employees of
TNCI; or
B.By reason of any order or decision of a court or any other governmental
authority which prohibits TNCI from furnishing such Service; or
C.For unlawful use of the Service or use of the Service for unlawful purposes;
or
D.When necessary for TNCI to comply with any order or request of any
governmental authority having jurisdiction; or
E.In the event that the Facilities have been abandoned or are being used by
unauthorized persons.
2.10.2. Discontinuance With Notice
TNCI may discontinue Service according to the following conditions upon ten (10)
days written notice:
A.For violation of TNCI's filed Price Lists; or
B.For the non-payment of any proper charge as provided by TNCI's Price List,
including one for the same Class Of Service furnished to the Applicant or
Customer at the same or another location, or where the Applicant or
Customer voluntarily assumed, in writing, responsibility for the bills of another
Applicant or Customer; or
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 54
SECTION 2- RULES AND REGULATIONS, Continued
2.10. CANCELLATION OF SERVICE BY TNCI, Continued
2.10.2. Discontinuance With Notice, Continued
C.For failure to make payment in accordance with the terms of a deferred
payment agreement; or
D.When TNCI has reason to believe that a Customer has used a device or
scheme to obtain Service without payment and where TNCI has so notified
the Customer prior to disconnection; or
E.Failure to meet or maintain TNCI's credit requirements; or
F.If the Customer provides false information to TNCI regarding the Customer's
identity, address, credit-worthiness, past, current or planned use of TNCI's
Services; or
G.For Customer's breach of the contract for Service between TNCI and
Customer, including by not limited to unauthorized resale of equipment or
Service; or
H.Please note that TNCI's disconnection notices are issued pursuant to
applicable Commission rules; or
Please further note that when a Customer's Service has been disconnected
in accordance with this Price List, Service will be re-established only upon the
basis of an application for new Service.
2.10.3. Payment Obligation up to Discontinuance of Service
The discontinuance of Service(s) by TNCI pursuant to this Section does not relieve
the Customer of any obligations to pay TNCI for charges due and owing for
Service(s) furnished up to the time of discontinuance. The remedies available to
TNCI set forth herein shall not be exclusive and TNCI shall at all times be entitled to
all the rights available to it under law or equity.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 55
SECTION 2- RULES AND REGULATIONS, Continued
2.11. NOTICES AND COMMUNICATIONS
2.11.1. The Customer will designate an address to which TNCI will mail or deliver all notices
and other communications. The Customer may also designate a separate address
to which TNCI's bills for Service will be mailed.
2.11.2. TNCI will designate on the bills an address to which the Customer will mail or deliver
all notices and other communications. TNCI may designate a separate address on
each bill for Service to which the Customer will mail payment on that bill.
2.11.3. All notices or other communications required to be given pursuant to this Price List
will be in writing, unless otherwise provided.
2.11.4. TNCI or the Customer will advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures
for giving notice set forth herein.
2.12. FULL FORCE AND EFFECT
Should any provision or portion of this Price List be held by a court or administrative
agency of competent jurisdiction to be illegal, invalid or unenforceable, the remaining
provisions of this Price List will remain in full force and effect.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 56
SECTION 3— DESCRIPTION OF SERVICE
3.1. APPLICATION OF RATES AND CHARGES
All Services offered in this Price List are subject to Service order and change
charges where the Customer requests new Services or changes in existing Services,
as well as indicated Non-Recurring and Monthly Recurring Charges.
3.1.1. General
A. The following sections set forth the rules and regulations governing the
application of rates for TNCI Services, including the following general rate
categories:
1.Nonrecurring Charges for installation of Facilities and Services;
2.Monthly Rates for availability and use of Facilities and Services; and
3.Usage or Transaction Charges (where applicable).
B. Services Offered
The following Network Services are available to Customers where
provisioning is technically possible; further, Standard Line and Intrastate Long
Distance Services are offered on a dedicated or switched access basis.
Standard Business Line Service
Direct Inward Dial (DID) Service
Optional Calling Features
Miscellaneous Services (including Number Portability)
ISDN / PRI
ISDN I BRI
ADSL
SDSL
Ti
Internet Protocol
Frame Relay
Point-to-Point
MPLS-VPN
Conferencing
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 57
SECTION 3— DESCRIPTION OF SERVICE, Continued
3.1. APPLICATION OF RATES AND CHARGES, Continued
3.1.2. Service Connection and Maintenance Charges
A. Service Connection Charges
Service Connection Charges are nonrecurring charges for
establishing or modifying Services. Unless specifically exempted in
this or other Sections of this Price List, Service Connection Charges
apply to all Customer-initiated requests, and are in addition to all other
scheduled rates and charges.
2.Charges for installation or rearrangement of Service are billed on the
next month's bill immediately following work performed by TNCI.
3.The charges specified in this Price List reflect Service provided during
regularly scheduled work hours, at current installation intervals and
without work interruptions by the Customer.
4.Customer requests for expedited Services that require installations on
a date that is sooner normally offered may result in an increase in
applicable Service Connection Charges.
5.Customers that request service connection to be performed outside of
normal business hours shall also incur an additional Service
Connection Charge (excluding the Service Ordering Charge) as well
as additional costs attendant to the request.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 58
SECTION 3 - DESCRIPTION OF SERVICE, Continued
3.2. EXCHANGE SERVICES
3.2.1 Basic Local Coverage Area
TNCI's service area within the State of Idaho mirrors that of its underlying local
exchange carriers Verizon and Qwest.
3.2.2 Basic Local Exchange Service
A.Local Exchange Service provides the Customer with a single, analog, voice-
grade telephonic communications Channel, which can be used to place or
receive one call at a time. Local Exchange Service lines are provided for the
connection of Customer-provided wiring, telephones, facsimile machines or
other Station equipment. An optional per-line Hunting feature is available for
multi-line Customers, which routes a call to the next idle line in a prearranged
group when the called line is busy. Local Exchange Service lines and Trunks
are provided on a single party (individual) basis only. No multi-party lines are
provided.
B.Local Exchange Services provide a Customer connection to TNCI's network,
enabling the Customer, among other things, to:
1.Originate communications to other points on TNCI's network;
2.Receive communications from other points on TNCI's network;
3.Access TNCI's Services as set forth in this and other TNCI Price Lists;
4.Access local, interexchange and international telecommunications
services provided by other authorized Carriers and the customers of
such Carriers to the extent such Carriers are interconnected with
TNCI's network;
5.Access TNCI's business office for Service-related assistance;
6.Access 911 or E911 services, where available, operator services,
directory assistance, and telecommunications relay services;
7.Access Operator-Assisted Calling Services; and
8.Access Directory Assistance.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 59
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.2. EXCHANGE SERVICES, Continued
3.2.1 Basic Local Exchange Service, Continued
C.Local Exchange Services may not be available to originate calls to other
telephone companies' caller-paid information services (e.g., NPA 900-NXX,
976-NXX, etc.). Calls to those numbers and other numbers used for
caller-paid information services may be blocked by TNCI's Facilities.
D.Local Exchange Customers receive one listing per assigned telephone
number in the local White Pages Directory and receive a copy of the White
Pages Directory at no additional charge.
E.The Standard Line is restricted to voice only traffic. Internet usage is not
permitted.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 60
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.3. OPTIONAL CALLING FEATURES
3.3.1. General - The features listed in Section 3.3.2 are offered by TNCI to Business
Customers.
3.3.2. Descriptions of Features
A. Call Forwarding Don't Answer - Basic: Permits the forwarding of incoming
calls when the end-user's line remains unanswered after a pre-designated
ringing interval. The ringing interval before forwarding and the forward-to
number are fixed by the Service order.
B Call Forwarding Busy Line - Basic: Permits the forwarding of incoming calls
when the end-user's line is busy. The forwarded number is fixed by the end-
user Service order.
C. Call Waiting - Basic: Call Waiting provides a tone signal to indicate to a
Customer already engaged in a telephone call that a second caller is
attempting to dial in. It permits the Customer to place the first call on hold,
answer the second call and then alternate between both callers. Cancel Call
Waiting is provided with the feature and allows a Call Waiting end-user to
disable the Call Waiting feature for the duration of a single outgoing
telephone call. Cancel Call Waiting is activated by dialing a special code prior
to placing a call, and is automatically deactivated when the Customer
disconnects from the call.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 61
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.3 OPTIONAL CALLING FEATURES, Continued
3.3.2 Descriptions of Features, Continued
D. Call Waiting - Deluxe: Allows the end-user to control the treatment applied to
incoming calls while the Customer is off-hook on an existing call. This feature
includes the capabilities of Call Waiting Basic plus additional call treatment
options. Treatment options offered with Call Waiting Deluxe include:
Answer the waiting call and placing the first party on hold;
2.Answer the waiting call and disconnecting from the first party;
3.Direct the waiting caller to hold via a recording; and
4.Forward the waiting caller to another location (e.g., voice mailbox or
telephone answering Service).
Full utilization of Call Waiting Deluxe requires specialized Customer Provided
Equipment, which is not provided by TNCI. It is the responsibility of the
Customer to provide the necessary equipment. The end-user must have
either Caller ID Basic or Caller ID Deluxe for display of calling party
identification information for waiting calls. The End-User must have a Call
Forwarding Don't Answer feature active in order to forward a waiting call to
another location.
E. Caller ID - Basic: Permits the End-User to view a Directory Number of the
calling party on incoming telephone calls. Information is displayed on
specialized Customer Provided Equipment. The feature also provides the
date and time of each incoming call. It is the responsibility of the Customer to
provide the necessary equipment.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 62
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.3 OPTIONAL CALLING FEATURES, CONTINUED
3.3.2 Descriptions of Features, Continued
F.Caller ID - Deluxe: Permits the end-user to view a Directory Name and
Directory Number of the calling party on incoming telephone calls.
Information is displayed on specialized Customer Provided Equipment. The
feature also provides the date and time of each incoming call. It is the
responsibility of the Customer to provide the necessary equipment. In some
situations, the calling party's city and state may be displayed, rather than a
Directory Name, depending on available call data.
G.Anonymous Call Rejection: Permits the end-user to automatically reject
incoming calls when the call originates from a telephone number that has
blocked delivery of its calling number (see Calling Number Delivery Blocking).
When active, calls from private numbers will be routed to a special
announcement then terminated. The feature may be turned on or off by the
end-user by dialing the appropriate feature control code. Anonymous Call
Rejection either is offered either as a stand-alone feature or as an add-on to
Caller ID Deluxe.
H.Call Block: Allows the end-user to automatically block incoming calls from up
to six end-user pie-selected telephone numbers programmed into the
feature's screening list. Callers whose numbers have been blocked will hear
a recorded message stating that their call has been blocked. The end-user
controls when the feature is active, and can add or remove calling numbers
from the feature's screening list.
Call Return: Allows the Customer to return a call to the last incoming call,
whether answered or not. Upon activation, it will redial the number
automatically, and continue to check the number every 45 seconds for up to
30 minutes, if the number is busy. The Customer is alerted with a distinctive
ringing pattern when the busy number is free. When the Customer answers
the ring, the call is then completed. The calling party's number will not be
delivered or announced to the call recipient under any circumstances.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 63
SECTION 3 - DESCRIPTION OF SERVICE, Continued
3.3 OPTIONAL CALLING FEATURES, Continued
3.3.2 Descriptions of Features, Continued
J.Call Selector: Allows a Customer to assign a maximum of 15 telephone
numbers to a special list. The Customer will hear a distinctive ring when calls
are received from telephone numbers on that list.
K.Call Tracing: Allows the tracing of nuisance calls to a specified telephone
number suspected of originating from a given local office. The tracing is
activated upon entering the specified dial code. The originating telephone
number, outgoing Trunk number or terminating number, and the time and
date, are generated for every call to the specified telephone number, which
can then be identified.
L.Calling Number Delivery Blocking: Prevents the delivery, display and
announcement of the end-user's Directory Number and Directory Name on all
calls dialed from an Exchange Service equipped with this option. When
active, the end-user's telephone name and number will not appear on the
called party's Caller ID Customer Provided Equipment or be disclosed in
another way. The feature is available on a per-call or per line basis. With per
call Calling Number Delivery Blocking, it is necessary for the end-user to dial
an activation code prior to placing the call. With the per line version of the
feature, all calls are placed with the end-user's number blocked. Per line,
end-users must dial an activation code prior to utilization.
M.Message Waiting Indication: Provides the end-user with an audible (stutter
dial tone) or visual (lamp or other Customer Provided Equipment display)
indication that messages are waiting to be retrieved. Message Waiting
Indication can only be activated/deactivated by a voice mailbox or other voice
messaging service provided by TNCI or third party. It is the responsibility of
the Customer to subscribe to a compatible voice messaging service. Visual
Message Waiting Indication requires specialized Customer Provided
Equipment. It is the responsibility of the Customer to provide the necessary
equipment.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 64
SECTION 3 - DESCRIPTION OF SERVICE, Continued
3.3. OPTIONAL CALLING FEATURES, Continued
3.3.2. Descriptions of Features, Continued
N. Multiple Directory Number Distinctive Ringing: This feature allows an End
User to determine the source of an incoming call by a distinctive ring. The
End User may have up to two additional numbers assigned to a single line
(i.e. Distinctive Ringing - First Number and Distinctive Ringing - Second
Number). The designated primary number will receive a normal ringing
pattern. Other numbers will receive distinctive ringing patterns. The pattern
is based on the telephone number that the calling party dials.
0. Speed Calling: Permits the Customer to place calls to other telephone
numbers by dialing a one or two digit code rather than the complete
telephone number. The feature is available as either an eight (8) code list or
a thirty (30) code list. Code lists may include local and/or toll telephone
numbers. The Customer has the ability to add or remove telephone numbers
and codes to/from the speed- calling list without assistance from TNCI.
P. Three Way Calling: Permits the end-user to add a third party to an
established connection. When the third party answers, a two-way
conversation can be held before adding the original party for a three-way
conference. The end-user initiating the conference controls the call and may
disconnect the third party to reestablish the original connection or establish a
connection to a different third party. The feature may be used on both
outgoing and incoming calls.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 65
SECTION 3 - DESCRIPTION OF SERVICE, Continued
3.4. CALLING PARTY NUMBER BLOCKING
3.4.1 PER CALL BLOCKING
TNCI will not provide per-line blocking.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 66
SECTION 3- DESCRIPTION OF SERVICE, Continued
3.5. SERVICE PROVIDER OPTIONS
3.5.1. No Primary Interexchange Carrier (PlC) Option
Customers have the option of not selecting a toll provider as primary Carrier for
intraLATA and/or interLATA toll traffic, thus requiring the Customer to use an access
code to obtain toll providers' Services (i.e., 101 0-XXX).
3.5.2. Two PlC Option
Customers will be able to select one toll provider for intraLATA toll calls and, if so
desired, the same or another toll provider for interLATA toll calls.
3.5.3. Preferred Carrier Freeze (PCF)
TNCI offers a free Service called Preferred Carrier Freeze. This Service is available
to all Customers. PCF allows Customers to designate their local long distance
(intraLATA) provider, long distance (interLATA) provider, and a local exchange
Service provider, as permanent choices, which may not be changed absent further
authorization from the Customer. TNCI will send a letter to each Customer upon
initiation or transfer of Service, which informs the Customer of the option to freeze
his/her intraLATA, interLATA and local Service provider choice(s). At the time a
Customer contacts TNCI to establish a freeze, a representative will advise him/her
on how to facilitate a change of provider(s) on a frozen account.
3.5.4. Carrier Change Charge
After the initial 30-day period, or at any time after an initial Carrier selection has been
made, any Carrier selection or change is subject to a Non-Recurring Charge, per
change, per line.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 67
SECTION 4— RATES
4.1. SERVICE CONNECTION AND MAINTENANCE CHARGES
4.1.1. Service Order and Change Charges
Non-recurring charges may apply to processing Service Orders for new Business
Service, and for changes in Business Service.
Line Connection Charge (Qwest) Service Charge
First Line $57.72
Each Additional Line $15.69
Change Fee, Per Order $14.00
Line Connection Charge (Verizon) Service Charge
First Line $50.36
Each Additional Line $26.58
Change Fee, Per Order $15.00
4.1.2. Restoration of Service Charge
A non-recurring charge may be assessed in instances where consumers request
service restoration.
Restoration of Service Charge Service Charge
Per restoration - Switched Services $ 25.00
Per restoration - Dedicated Services $100.00
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 68
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES
4.2.1. Standard Business Local Exchange Service Rates
A.Standard Local Exchange Service Monthly Recurring Charges.
The following charge applies to Standard Business Local. Exchange Service
lines per month. Rates and charge includes Touch-tone Service for each line.
The rate below applies to Service provided on a month-to-month basis.
Service Charge
Unlimited Local with Long Distance (Qwest) $ 32.00
Unlimited Local without Long Distance (Qwest) $ 64.00
Unlimited Local with Long Distance (Verizon) $ 95.00
Unlimited Local without Long Distance (Verizon) $130.00
B.Other Monthly Recurring Charges
1.End-User Common Line (EUCL) Recovery Charge
The following charge applies to recovery of End User Common Lines
charges billed to TNCI by the Incumbent LEC.
Service Charge
Single Line Customer, Per Line $6.99
2.The following charges may apply to Qwest Standard Local Exchange
Service lines on a monthly basis, determined by the geographic location
of the consumer within the coverage area. At the time service is
requested, the customer will be advised of the appropriate charge.
Service Charge
Suburban Surcharge $14.00
Rural Surcharge $42.00
3.Local Number Portability (LNP) Fee Service Charge
Single Line Customer, Per Line $2.99
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 69
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.2. Digital Subscriber Line Service
A. Product Description - Digital Subscriber Line Service
TNCI offers Digital Subscriber Line ("DSL") Service to consumers in certain
geographic coverage areas where the provisioning of DSL is technically
feasible to the consumer's premises. TNCI's DSL Service requires that an
additional telephone line be installed at the consumer's premises, charges for
which TNCI shall assess on the consumer's account in addition to the
monthly recurring charge for the DSL Service.
ADSL
-
1.5 Mbps1384 Kbps $49.95
- -
$175.00
- -- -'
$149.00
1.5 Mbps1768 Kbps $57.99 $175.00 $149.00
3.0 Mbps/384 Kbps $62.99 $175.00 $149.00
3.0 Mbps1768 Kbps $74.99 $175.00 $149.00
6.0 Mbps!768 Kbps $83.99 $175.00 $149.00 • * One Year Minimum Commitment Required . Rebate Available for Install Fee (Includes Professional On-Site Installation)
Equipment Purchase charge May be Waived - Please Inquire with Your Agent Manager • + Each port is Provisioned with one Fixed WAN IP Address- Additional IP Addresses are Available
SDSL
192 Kbpsi192 Kbps $115.00 $225.00
-
$299.0 0
384Kbps/384Kbps $144.00 $225.00 $299.00
768Kbps/768Kbps $185.00 $225.00 $299.00
1.1MbpsI1 .1Mbps $224.00 $225.00 $299.00
1.5Mbps/1 .5Mbps $259.00 $225.00 $299.00 • * One Year Minimum Commitment Required
• Rebate Available for Install Fee (Includes Professional On-Site Installation)
Equipment Purchase Charge May be Waived - Please Inquire with Your Agent Manager • + Each port is Provisioned with one Fixed WAN IP Address- Additional IP Addresses are Available
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 70
SECTION 4 - RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.3 Optional Calling Features
A. TNCI offers the following optional calling features for use in conjunction with its
business local exchange service.
Call waiting
Call waiting Deluxe
Call Forward - Busy Line
Call Forward - Don't Answer
Call Forward - Busy Line/Don't Answer
Call Forward Variable
Custom Ringing
Speed Call 8
Speed Call 30
Three Way Calling
Anonymous Call Rejection
Call Rejection
Call Trace
Call Waiting ID
Caller ID Name and Number
Caller ID Number Only
Caller ID Privacy +
Continuous Redial
Continuous Redial Deluxe
Last Call Return
Line Hunting (No Charge)
Priority Call
Selective Call Forwarding
Service Charge
Unlimited Features & Usage $4.99/per month
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 71
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.3. Optional Calling Features, Continued
C.The features in this section are made available on an individual basis. All
features are provided subject to availability. Certain features may not be
available with all Classes of Service. Transmission levels for calls forwarded
or calls placed or received using optional calling features may not be
acceptable for all uses in some cases.
D.Features Offered on a Usage Sensitive Basis
The following features are available to all local Exchange line Customers
where Facilities and Services permit. Customers may utilize each feature by
dialing the appropriate access code. The Customer will be billed the Per
Feature Activation Charge shown in the following table each time a feature is
used by the Customer. Customers may subscribe to these features on a
monthly basis at their option to obtain unlimited use of these features for a
fixed monthly charge.
Optional Calling Features Service Charge
Call Return, Per Month $3.00
Call Trace, Per Activation $1.25
Denial of per call activation for Call Return and Call Trace from any line or
Trunk is available to Customers upon request at no additional charge.
Busy Redial, Per Activation $3.50
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 72
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.4 INTEGRATED SERVICES DIGITAL NETWORK BASIC RATE INTERFACE
A. TNCI offers local and long distance Integrated Services Digital Network, Basic Rate
Interface (ISDN BRI) Services to Business consumers in certain geographic
coverage areas where the provisioning of ISDN BRI is technically feasible.
Service Charge
Per line, per month $240.00
Per line, additional $240.00
Installation Charge $200.00
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 73
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.5. Resold TI Service
TNCI's resold TI service allows customer access to a dedicated phone connection
supporting data rates of 1 .544Mbits per second. A T-I line actually consists of
24individual channels, each of which supports 64Kbits per second. Each
64Kbit/second channel can be configured to carry voice or data traffic. Please note
that MCI & PaeTec Integrated Local offerings are contained at 4.3 of this Price List.
3.0 Mbps $729.00 $200.00 1 Year
3.0 Mbps $719.00 $200.00 2 Year
4.5 Mbps $1089.00 $200.00 1 Year
4.5 Mbps $1079.00 $200.00 2 Year
6.0 Mbps $1409.00 $200.00 1 Year
6.0 Mbps $1399.00 $200.00 2 Year
10.5 Mbps $2399.00 $200.00 1 Year
10.5 Mbps $2389.00 $200.00 2 Year
12.0 Mbps $2699.00 $200.00 1 Year
12.0 Mbps $2689.00 $200.00 2 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC
Idaho P.U.C. Price List No. I
Original Page 74
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.6. Resold Internet Protocol Service
TNCI's resold Internet Protocol service provides customers with fast reliable
Connectivity for Internet content.
Dedicated Internet Protocol
1.544Mbps $589.00
-
$500.00 iVear
1.544 Mbps $549.00 $500.00 2 Year
45 Mbps $4799.00 $3000.00 1 Year
45 Mbps $4549.00 $3000.00 2 Year
155Mbps $12099.00 $3000.00 1 Year
155Mbps $11499.00 $3000.00 2 Year
56/64K $269.00 $375.00 1 Year
128K $329.00 $500.00 1 Year
256K $409.00 $500.00 1 Year
384K $489.00 $500.00 1 Year
512K $519.00 $500.00 1 Year
768K $539.00 $500.00 1 Year
56/64K $199.00 $375.00 2 Year
128K $239.00 $500.00 2 Year
256K $309.00 $500.00 2 Year
384K $369.00 $500.00 2 Year
512K $419.00 $500.00 2 Year
768K $469.00 $500.00 2 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 75
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.7. Resold Internet Protocol Service, Continued
Fractional Internet Protocol
6 Mbps $2849.00 $150.00 1 Year
6 Mbps $2599.00 $250.00 2 Year
9 Mbps $2999.00 $250.00 1 Year
9 Mbps $2749.00 $250.00 2 Year
12 Mbps $3149.00 $250.00 1 Year
12 Mbps $2849.00 $250.00 2 Year
15 Mbps $3299.00 $250.00 1 Year
15Mbps $3049.00 $250.00 2 Year
18 Mbps $3449.00 $250.00 1 Year
18 Mbps $3149.00 $250.00 2 Year
22 Mbps $3649.00 $250.00 1 Year
22 Mbps $3349.00 $250.00 2 Year
25 Mbps $3849.00 $250.00 1 Year
25 Mbps $3499.00 $250.00 2 Year
28 Mbps $4099.00 $250.00 1 Year
28 Mbps $3749.00 $250.00 2 Year
31 Mbps $4349.00 . $250.00 1 Year
31 Mbps $3999.00 $250.00 2 Year
34 Mbps $4599.00 $250.00 1 Year
34Mbps $4199.00 $250.00 2 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 76
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.8. Resold Frame Relay Service
TNCI's resold Frame Relay service allows customers to link multiple locations with a
fast and reliable data transmission network.
- - ---
64K $109.00
----
$150.00
1-
1 Year
64K $109.00 $250.00 2 Year
128K $199.00 $250.00 1 Year
128K $199.00 $250.00 2 Year
192K $219.00 $250.00 1 Year
192K $219.00 $250.00 2 Year
256K $239.00 $250.00 1 Year
256K $239.00 $250.00 2 Year
384K $359.00 $250.00 1 Year
384K $359.00 $250.00 2 Year
512K $449.00 $250.00 1 Year
512K $449.00 $250.00 2 Year
640K $539.00 $250.00 1 Year
640K $539.00 $250.00 2 Year
768K $569.00 $250.00 1 Year
768K $569.00 $250.00 2 Year
1024K $699.00 $250.00 1 Year
1024K $699.00 $250.00 2 Year
1536K $909.00 $250.00 1 Year
1536K $909.00 $250.00 2 Year
45 Mbps $1949.00 $500.00 1 Year
45 Mbps $1949.00 $500.00 2 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 77
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.8. Resold Frame Relay Service, Continued
16K
-
$10.50 $100.00 lYear
16K $10.50 $100.00 2 Year
32K $21.00 $100.00 1 Year
32K $21.00 $100.00 2 Year
64K $42.00 $100.00 1 Year
64K $42.00 $100.00 2 Year
128K $74.00 $100.00 1 Year
128K $74.00 $100.00 2 Year
192K $111.00 $100.00 1 Year
192K $111.00 $100.00 2 Year
256K $149.00 $100.00 1 Year
256K $149.00 $100.00 2 Year
384K $221.00 $100.00 1 Year
384K $221.00 $100.00 2 Year
512K $295.00 $100.00 1 Year
512K $295.00 $100.00 2 Year
640K $369.00 $100.00 1 Year
640K $369.00 $100.00 2 Year
768K $445.00 $100.00 1 Year
768K $445.00 $100.00 2 Year
1024K $589.00 $100.00 1 Year
1024K $589.00 $100.00 2 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 78
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.9. MPLS - VPN Service
TNCI's MPLS (Multiprotocol Label Switching) - (Virtual Private Network) service is
the comprehensive solution for enterprise and carrier network requirements.
Features multiple routing protocol support: Static, BGP, OSPF, and EIGRP Flexible
speeds from 64 Kbps to 45 Mbps.
56/64K $219.00 $100.00 1 Year
56/64K $149.00 $100.00 2 Year
56/64K $139.00 $100.00 3 Year
128K $269.00 $100.00 1 Year
128K $189.00 $100.00 2 Year
128K $179.00 $100.00 Wear
256K $319.00 $100.00 1 Year
256K $219.00 $100.00 2 Year
256K $209.00 $100.00 3 Year
384K $379.00 $100.00 1 Year
384K $289.00 $100.00 2 Year
384K $239.00 $100.00 3 Year
512K $400.00 $100.00 1 Year
512K $329.00 $100.00 2 Year
512K $269.00 $100.00 3 Year
768K $449.00 $100.00 1 Year
768K $369.00 $100.00 2 Year
768K $339.00 $100.00 3 Year
1.5 Mbps $579.00 $100.00 1 Year
1.5 Mbps $459.00 $100.00 2 Year
1.5 Mbps $439.00 $100.00 3 Year
2x11 (3 Mbps) $1029.00 $100.00 1 Year
2xT1 (3 Mbps) $849.00 $100.00 2 Year
2xT1 (3 Mbps) $759.00 $100.00 3 Year
3xTl (4.5 Mbps) $1449.00 $100.00 1 Year
3x11 (4.5 Mbps) $1229.00 $100.00 2 Year
3xT1 (4.5 Mbps) $1109.00 $100.00 3 Year
4xT1 (6 Mbps) $1939.00 $100.00 1 Year
4xT1 (6 Mbps) $1549.00 $100.00 2 Year
4xT1 (6 Mbps) $1459.00 $100.00 777777 3 year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 79
SECTION 4- RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.9. MPLS - VPN Service, Continued
5xT1 (7.5 Mbps)
-
$2399.00 $100.00 1 Year
5xT1 (7.5 Mbps) $1979.00 $100.00 2 Year
5xTl (7.5 Mbps) $1829.00 $100.00 3 Year
6xT1 (9.0 Mbps) $2499.00 $100.00 1 Year
6xT1 (9.0 Mbps) $1999.00 $100.00 2 Year
6xT1 (9.0 Mbps) $1919.00 $100.00 3Year
6 Mbps (Fractional DS3) $2699.00 $100.00 1 Year
6 Mbps (Fractional DS3) $2489.00 $100.00 2 Year
6 Mbps (Fractional DS3) $2279.00 $100.00 3 Year
9 Mbps (Fractional DS3) $2899.00 $100.00 1 Year
9 Mbps (Fractional DS3) $2599.00 $100.00 2 Year
9 Mbps (Fractional DS3) $2359.00 $100.00 3 Year
12Mbps (Fractional DS3) $3119.00 $100.00 1 Year
12 Mbps (Fractional DS3) $2699.00 $100.00 2 Year
12 Mbps (Fractional DS3) $2459.00 $100.00 3 Year
15Mbps (Fractional DS3) $3219.00 $100.00 1 Year
15 Mbps (Fractional DS3) $2999.00 $100.00 2 Year
15 Mbps (Fractional DS3) $2699.00 $100.00 3 Year
18 Mbps (Fractional DS3) $3409.00 $100.00 1 Year
18 Mbps (Fractional DS3) $3219.00 $100.00 2 Year
18 Mbps (Fractional DS3) $2839.00 $100.00 3 Year
22 Mbps (Fractional DS3) $3600.00 $100.00 1 Year
22 Mbps (Fractional DS3) $3399.00 $100.00 2 Year
22 Mbps (Fractional DS3) $3009.00 $100.00 3 Year
25Mbps (Fractional DS3) $3800.00 $100.00 1 Year
25Mbps (Fractional DS3) $3499.00 $100.00 2 Year
25Mbps (Fractional DS3) $3149.00 $100.00 3 Year
28Mbps (Fractional DS3) $4009.00 $100.00 1 Year
28Mbps (Fractional DS3) $3689.00 $100.00 2 Year
28 Mbps (Fractional DS3) $3329.00 $100.00 3 Year
31Mbps (Fractional DS3) $4119.00 $100.00 1 Year
31 Mbps (Fractional DS3) $3799.00 $100.00 2 Year
31 Mbps (Fractional DS3) $3429.00 $100.00 3 Year
34 Mbps (Fractional DS3) $4319.00 $100.00 1 Year
34 Mbps (Fractional DS3) $3959.00 $100.00 2 Year
34 Mbps (Fractional DS3) $3599.00 $100.00 3 Year
45Mbps DS3 $5359.00 $100.00 1 Year
45MbpsDS3 $4500.00 $100.00 2 Year
45Mbps DS3 $3999.00 $100.00 3 Year
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 80
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
42.9. MPLS - VPN Service, Continued
Secure Internet Access and Firewall (Per Network)
Features
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 81
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.10. MCI INTEGRATED LOCAL T-1 LOCAL LOOP
TNCI's integrated TI service allows customer access to a local and long distance
calling via a partnership with MCI.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 82
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.10 MCI INTEGRATED LOCAL T-1 LOCAL LOOP, Continued
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 83
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.11. PAETEC VOICE AND INTERNET PROTOCOL PORT
TNCI's Voice and Internet Protocol Port service allows customer access to a local
and long distance calling via a partnership with PaeTec.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 84
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.12. PAETEC INTEGRATED LOCAL - GENERAL INFORMATION
TNCI's Integrated Local service allows customer access to a local and long distance
calling via a partnership with PaeTec.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 85
SECTION 4— RATES, Continued
4.2. EXCHANGE SERVICES RATES AND CHARGES, Continued
4.2.12 PAETEC INTEGRATED LOCAL - GENERAL INFORMATION, Continued
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 86
SECTION 4— RATES, Continued
4.3. INTRALATA PRESUBSCRIPTION
A. IntraLATA presubscription is a procedure whereby a subscriber designates to
TNCI the carrier which the subscriber wishes to be the carrier of choice for
intraLATA toll calls. Such calls are directed to the designated carrier, without the
need to use carrier access codes or additional dialing. IntraLATA presubscription
does not prevent a subscriber who has presubscribed to an intraLATA toll carrier
from using carrier access codes or additional dialing to direct calls to an
alternative intraLATA carrier on a per call basis.
B. IntraLATA Presubscription Offerings:
(i)Option A: Subscriber may select TNCI as the presubscribed
carrier for intraLATA toll calls subject to presubscription;
(ii)Option B: Subscriber may select his/her interLATA toll
carrier as the presubscribed carrier for intraLATA toll calls
subject to presubscription;
(iii)Option C: Subscriber may select a carrier other than TNCI
for the subscriber's interLATA toll carrier as the
presubscribed carrier for intraLATA toll calls subject to
presubscription; or
(iv)Option D: Subscriber may select no presubscribed carrier for
intraLATA toll calls subject to presubscription which will
require the subscriber to dial a carrier access code to route
all intraLATA toll calls to the carrier of choice for each call.
C. Rules and Regulations
(i)Subscribers will retain their current dialing arrangements until
they request that their dialing arrangements be changed.
(ii)Subscribers may select either Options A, B, C or D for
intraLATA presubscription.
(iii)Subscribers may change their selected Option and/or their
presubscribed intraLATA toll carrier at any time.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 87
SECTION 4— RATES, Continued
4.3. INTRALATA PRESUBSCRIPTION, Continued
D. New subscribers will be asked to select an intraLATA toll carrier(s) at the time the
subscriber places an order to establish local exchange service with TNCI. TNCI
will process the subscriber's order for intraLATA service. The selected carrier(s)
will confirm their respective subscriber's verbal selection by third-party
verification or return written confirmation notices. All new subscribers' requests
for intraLATA toll service presubscription shall be provided free of charge.
Per line, per change
Service Charge
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 1
Original Page 88
SECTION 4— RATES, Continued
4.3. AUDIO CONFERENCING
A. TNCI Conferencing Solutions include a variety of tools to increase Customer
productivity while reducing operating costs. Whether communicating around the
corner or around the globe a TNCI conferencing solution offers the immediacy
and flexibility to guarantee success. Event Conferencing allows the Customer to
deliver their audience the professionalism of an experienced Event Moderator
and the security of knowing that the content of their call will be expertly archived
for playback or future distribution. Finally, the ability to conduct Participant
Opinion Polls on the Web, during the call, or at a later time, provides the
Customer a state-of-the-art tool that brings them closer to their audiences.
Service and Rates
Reseivationless
Direct Dial
Toll Free Calling
Operator Assisted Calling
Operator Dials out to participants
Per Minute/Participant Charge
$0.0799
$0.0999
$0.2149
Event Conference $0.2999
(50-300 participants or for special call features)
Event Conference Cancellation Charge,
per scheduled line $3.50
Enhanced Features ** for Event Conference only
Additional CD or Tape $ 15.00
Conference Playback $ 15.99
Custom Greeting/Advertisement $ 35.00
Conference Recording (CD or Tape) $ 40.00
Custom Polling During Call** $ 40.00
Moderator Assistance** $ 50.00
Custom Prompt Recording $189.00
Dedicated 800 Number $299.00
Roll Call No Charge
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 89
SECTION 5— PROMOTIONS
5.1. Promotions
The Company may conduct special tests or pilot programs and promotions at its
discretion to demonstrate the ease of use, quality of service and to promote the sale
of its services. The Company may also waive a portion or all processing fees or
Installation Fees for qualifying Customers and other occasional promotional events
sponsored or endorsed by the Company.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. I
Original Page 90
SECTION 6—INDIVIDUAL CASE BASIS AGREEMENTS
6.1. Individual Case Basis Agreements
Customized service packages and competitive pricing packages at negotiated rates
may be furnished on a case-by-case basis in response to requests by Customers to
Company for proposals or for competitive bids. Service offered under this Price List
provision will be provided to Customers pursuant to contract. Unless otherwise
specified, the regulations for such arrangements are in addition to the applicable
regulations and prices in other sections of the Price List. Specialized rates or
charges will be made available to similarly situated customers on a nondiscriminatory
basis.
Issued: April 30, 2013 Effective: May 30, 2013
Issued by: Jeff Compton, President/CEO
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Title Sheet
Switched Exchange Access Services Price List
IDAHO TELECOMMUNICATIONS PRICE LIST
Rates, Terms and Conditions
Relating to the Provision of Intrastate Switched Exchange Access Service for Connection to
Intrastate Communications Facilities Within the State of Idaho Operating Authority of
TNCI OPERATING COMPANY LLC
114 E. Haley Street,
Suite A
Santa Barbara, CA 93101
This Price List contains the descriptions, regulations and rates applicable to the furnishing of
intrastate switched exchange access telecommunications services provided by TNCI Operating
Company LLC ("Company") in the absence of a separate interconnection agreement between
Company and carriers who interconnect with Company's network in the State of Idaho.
Copies may be inspected during normal business hours at TNCI's principal place of business at
114 E. Haley Street, Suite A, Santa Barbara, CA 93101, or at the Commission's
offices.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. I
Switched Exchange Access Services Price List
CHECK SHEET
The sheets of this Price List are effective as of the date shown. The Sheet revisions appearing
below designate amendments from the original Price List Sheet and are in effect on the date
shown at the bottom of this Sheet. An asterisk appearing next to the revision indicates Sheets
submitted with an amended filing.
Sheet Revision Sheet Revision Sheet Revision Sheet Revision
Title Original 30 Original
I Original 31 Original
2 Original 32 Original
3 Original 33 Original
4 Original 34 Original
5 Original 35 Original
6 Original 36 Original
7 Original 37 Original
8 Original 38 Original
9 Original 39 Original
10 Original 40 Original
11 Original 41 Original
12 Original 42 Original
13 Original 43 Original
14 Original
15 Original
16 Original
17 Original
18 Original
19 Original
20 Original
21 Original
22 Original
23 Original
24 Original
25 Original
26 Original
27 Original
28 Original
29 Original
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 2
Switched Exchange Access Services Price List
TABLE OF CONTENTS
Sheet
CHECKSHEET ..........................................................................................................................1
TABLEOF CONTENTS..............................................................................................................2
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS PRICE LIST......................................................................3
DEFINITIONS.............................................................................................................................4
APPLICATION OF PRICE LIST..................................................................................................9
REGULATIONS
2.1 Undertaking of the Company.............................................................................. 10
2.2 Prohibited Uses.................................................................................................. 17
2.3 Obligations of the Customer............................................................................... 18
2.4 Customer Equipment and Channels................................................................... 20
2.5 Customer Advance Payments and Deposits ..................................................... 21
2.6 Payment Arrangements .................................................................................... 22
2.7 Allowances for Interruptions in Service ............................................................. 29
2.8 Customer Liability for Unauthorized Use
ofthe Network.................................................................................................... 30
2.9 Application of Rates........................................................................................... 32
SERVICE DESCRIPTIONS
3.1 Intrastate Switched Exchange Access Service...................................................34
3.2 Voice Over Internet Protocol -
Public Switched Telephone Network ("V0IP - PSTN") Traffic.............................38
RATES
4.1 Access Rates.....................................................................................................43
4.2 Miscellaneous Services......................................................................................43
4.3 Individual Case Basis Arrangements..................................................................43
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 3
Switched Exchange Access Services Price List
EXPLANATION OF SYMBOLS, REFERENCE
MARKS, AND ABBREVIATIONS OF TECHNICAL
TERMS USED IN THIS PRICE LIST
The following symbols shall be used in this Price List for the purposes indicated below:
(C)Change in the offering
(D)To signify a discontinued regulation.
(I) To signify increased rate.
(M)To signify material relocated from or to another Price List location.
(N)To signify a new rate or regulation.
(R) To signify a reduced rate.
(T) To signify a change in text only.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 4
Switched Exchange Access Services Price List
DEFINITIONS
Certain terms used generally throughout this Price List are described below.
Advance Payment
Part or all of a payment required before the start of service.
Access Services
The Company's intrastate switched exchange access services offered pursuant to this
Price List.
Carrier or Common Carrier
See lnterexchange Carrier.
Commission
The Idaho Public Utilities Commission.
Company
TNCI Operating Company LLC, the issuer of this Price List.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 5
Switched Exchange Access Services Price List
DEFINITIONS, Continued
Customer
Any individual, person, firm, partnership, association, joint-stock company, trust,
governmental entity, corporation or other entity that directly or indirectly obtains access
Service. A Customer is deemed responsible for the payment of charges and compliance
with the Company's regulations. An lnterexchange Carrier is deemed a Customer of the
Company if any of the lnterexchange Carrier directly or indirectly sends traffic to or
receives traffic from a central office code ("NPA-N)(X") assigned to the Company. The
use of the Company's Access Service constitutes an order for such service and requires
compliance with the obligates, rates, and charges as set forth in this Price List,
regardless of whether the Customer has affirmatively requested service or has an
executed service order.
End Office
With respect to each NPA-NXX code prefix assigned to the Company, the location of the
Company's End Office for purposes of this Price List shall be the point of interconnection
associated with that NPA-NXX code in the Local Exchange Routing Guide, issued by
Telcordia.
End User or User
The term End User denotes a subscriber or user of an intrastate, interstate or foreign
telecommunications service that is not a Carrier. A Carrier, other than a telephone
company, shall also be deemed to be an "End User" when such Carrier uses a
telecommunications service for its own internal administrative purposes. A person or
entity that offers telecommunications services exclusively as a non facilities-based
reseller shall be deemed to be an "End User" if all resale transmission offered by such
reseller originates on the premises of such reseller.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 6
Switched Exchange Access Services Price List
DEFINITIONS, Continued
Exchange Telephone Company
Denotes any individual, partnership, association, joint-stock company, trust, or
corporation engaged in providing switched communication within an exchange.
Feature Group D or FGD
Feature Group 0 is a type of telecommunication trunk used to provide equal access
capability from telecommunication carriers and central offices through dialing 1" plus the
desired called party's ten digit telephone number. The call is routed through the caller's
presubscribed carrier.
Incidental Service
Denotes Intrastate Switched Exchange Access Service provided to a Customer under
this Price List that is not provided through a written agreement with Customer and will be
held to have been constructively ordered.
Individual Case Basis or ICB
A service arrangement in which the regulations rates and charges are developed based
on the specific circumstances of the case, unless otherwise prohibited by law or
regulation.
Interconnecting Carrier
Any Carrier that interconnects to Company's network for purposes of terminating traffic,
or receiving originating traffic.
lnterexchange Carrier, IXC
The terms Interexchange Carrier denotes any individual, partnership, association, joint-
stock company, trust, governmental entity or corporation engaged for hire in intrastate,
interstate or foreign communication by wire or radio, between two or more exchanges.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 7
Switched Exchange Access Services Price List
DEFINITIONS, Continued
Intrastate Switched Exchange Access Service or Service
Provides for a switched two-point communications path between a Customer's premises
or a collocated interconnection location and an End User's premises for originating and
terminating calls.
LATA
A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for 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. Price List F.C.C. No. 4.
Network
Refers to the Company's facilities, equipment, and Services provided under this Price
List.
Serving Wire Center
The term Serving Wire Center denotes the wire center from which the Customer
designated premises would normally obtain dial tone.
Shared
A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Toll Free
A term to describe an inbound communications service which permits a call to be
completed at a location without charge to the calling party. Access to the service is
gained by dialing a ten (10) digit telephone number (e.g., North American Numbering
Plan ("NPA") code is 800, or other 8XX, number where X is a number between 0 and 9).
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 8
Switched Exchange Access Services Price List
DEFINITIONS, Continued
Universal Emergency Telephone Number (911) Service
Wherever feasible, the Company will provide a universal Central Office number 911 for
the use of Public Safety Agencies having the responsibility to protect the safety and
property of the general public. It is intended that use of 911 Service will provide the
public with a means of simple and direct telephone access to a Public Safety Answering
Point.
Wire Center
A building in which one or more central offices, used for the provision of Exchange
Services, are located.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 9
Switched Exchange Access Services Price List
APPLICATION OF PRICE LIST
This Price List applies to Intrastate Switched Exchange Access Service supplied to Customers
for origination and termination of traffic to and from Central Off ice codes directly assigned to
TNCI Operating Company LLC in the absence of a separate interconnection agreement between
the Company and Customer.
BY INTERCONNECTING TO AND UTILIZING THE EXCHANGE ACCESS SERVICES SET
FORTH IN THIS DOCUMENT, INTERCONNECTING CARRIERS ARE DEEMED TO HAVE
CONSTRUCTIVELY ORDERED SERVICE AS CUSTOMERS, AND AGREE TO THE SERVICE
RATES, CHARGES, TERMS, AND CONDITIONS AS SET FORTH HEREIN.
Company provides exchange access Services contained in this Price List under a Multiple Bill-
Multiple Price List method, as set forth in the Alliance for Telecommunications Industry
Solutions Inc. Ordering and Billing Forum Multiple Exchange Access Billing document,
ATIS/OBF-MECAB-08, Issue 8, dated January 2003. This method allows one provider to bill for
other providers within the Multiple Bill option when there are more than two companies providing
the Service. The number of bills rendered is less than the total number of companies providing
the Service. Each provider's Price List or contract rates are applied and displayed separately for
each company's portion of the Service provided.
This Price List applies only to the extent that facilities are available and Services provided
hereunder are used by a Customer for the purpose of originating or terminating intrastate
communications.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 10
Switched Exchange Access Services Price List
REGULATIONS
2.1 Undertaking of the Company
2. 1.1 Scope
The Company undertakes to furnish Intrastate Switched Exchange Access
Services in accordance with the terms and conditions set forth in this Price List.
2.1.2 Shortage of Facilities
All Service is subject to the availability of suitable facilities. The Company
reserves the right to limit the length of communications or to discontinue
furnishing Services when necessary because of the lack of transmission medium
capacity or because of any causes beyond its control.
2.1.3 Terms and Conditions
A)Service is provided on the basis of a minimum period of at least one
month, 24-hours per day, unless otherwise deemed Incidental Service.
For the purpose of computing charges in this Price List, a month is
considered to have thirty (30) calendar days.
B)Customers may be required to execute any other documents as may be
reasonably requested by the Company.
C)This Price List shall be interpreted and governed by applicable federal
law, the laws of Massachusetts, and Commission regulations, as may
apply, regardless of choice of laws and regulation provisions.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 11
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.4 Limitations on Liability
A)Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: (1) the furnishing of its Services, including
but not limited to mistakes, omissions, interruptions, delays, or errors, or
other defects, representatives, or use of these Services or (2) the failure
to furnish its Service, whether caused by acts or omission, shall be limited
to the extension of allowances to the Customer for interruptions in Service
as set forth in Section 2.7.
B)Except for the extension of allowances to the Customer for interruptions
in Service as set forth 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, failure to provide any Service or any failure in or breakdown
of facilities associated with the Service.
C)The liability of the Company for errors in billing that result in overpayment
by the Customer shall be limited to a credit equal to the dollar amount
erroneously billed or, in the event that payment has been made and
Service has been discontinued, to a refund of the amount erroneously
billed.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 12
Switched Exchange Access Services Price List
REGULATIONS, Continued
rX
Undertaking of the Company, Continued
2.1.4 Limitations on Liability, Continued
D) The Company shall not be liable for any claims for loss or damages
involving:
1)Any act or omission of: (a) the Customer, (b) any other entity
furnishing service, equipment or facilities for use in conjunction
with services or facilities provided by the Company; or (c) common
carriers or warehousemen;
2)Any delay or failure of performance or equipment due to causes
beyond the Company's control, including but not limited to, acts of
God, fires, floods, earthquakes, hurricanes, or other catastrophes;
national emergencies, insurrections, riots, wars or other civil
commotions; strikes, lockouts, work stoppages or other labor
difficulties; criminal actions taken against the Company;
unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order,
regulation or other action of any governing authority or agency
thereof;
3)Any unlawful or unauthorized use of the Company's facilities and
services;
4)Libel, slander, invasion of privacy or infringement of patents, trade
secrets, or copyrights arising from or in connection with the
transmission of communications by means of Company-provided
facilities or services; or by means of the combination of Company-
provided facilities or services with Customer-provided facilities or
services;
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 13
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.4 Limitations on Liability, Continued
D) Continued
5)Breach in the privacy or security of communications transmitted
over the Company's facilities;
6)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 of such 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 in
Section 2.1.4, preceding;
7)Defacement of or damage to Customer premises resulting from
the furnishing of Services or equipment on such premises or the
installation or removal thereof;
8)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;
9)Any intentional, wrongful act of a Company employee when such
act is not within the scope of the employee's responsibilities for
the Company and/or is not authorized by the Company;
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 14
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.4 Limitations on Liability, Continued
D) Continued
10)Any representations made by Company employees that do not
comport, or that are inconsistent, with the provisions of this Price
List;
11)Any non-completion of calls due to network busy conditions;
12)Any calls not actually attempted to be completed during any
period that Service is unavailable.
E) The Company shall be indemnified, defended and held harmless by the
Customer or End User from and against any and all claims, loss,
demands, suits, expense, or other action or any liability whatsoever,
including attorney fees, whether suffered, made, instituted, or asserted by
the Customer or by any other party, for any personal injury to or death of
any person or persons, and for any loss, damage or destruction of any
property, including environmental contamination, whether owned by the
Customer or by any other party, caused or claimed to have been caused
directly or indirectly by the installation, operation, failure to operate,
maintenance, presence, condition, location, use or removal of any
Company or Customer equipment or facilities or service provided by the
Company.
F) Except as otherwise stated in this Price List, any claim of whatever nature
against the Company shall be deemed conclusively to have been waived
unless presented in writing to the Company within thirty (30) calendar
days after the date of the occurrence that gave rise to the claim.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 15
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.4 Limitations on Liability, Continued
G) The Company will operate as specified in these and other applicable
Price Lists. Due to the interdependence among telecommunications
companies, and the interrelationship with non-Company processes,
equipment, and systems, the Company is not responsible for failures
caused by circumstances beyond its control including, but not limited to,
failures caused by:
1.overt action, omissions, interruptions, delays, errors, other defects
or misrepresentations, or the facilities of a local exchange carrier;
2.customer premise equipment; or
3.an End User or Customer.
In addition, the Company is not liable for any incompatibility between the
Company's Services and any non-Company Services used by a
Customer or an End User.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 16
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.1 Undertaking of the Company, Continued
2.1.5 Provision of Equipment and Facilities
A)Except as otherwise indicated, Customer-provided equipment located at
the Customer's premises for use in conjunction with this Service shall be
so constructed, maintained and operated as to work satisfactorily with the
facilities of the Company.
B)The Company shall not be responsible for the installation, operation or
maintenance of any Customer-provided communications equipment
("CPE"). Where such equipment is connected to Service furnished
pursuant to this Price List, the responsibility of the Company shall be
limited to the furnishing of Services under this Price List and to the
maintenance and operation of such Services in the proper manner.
Subject to this responsibility, the Company shall not be responsible for:
1)The through transmission of signals generated by CPE or for the
quality of, or defects in, such transmission; or
2)The reception of signals by CPE; or
3)Network control signaling where such signaling is performed by
Customer-provided network control signaling equipment.
2.1.6 Ownership of Facilities
Title to all facilities provided in accordance with this Price List remains in the
Company, its agents, contractors or suppliers.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 17
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.2 Prohibited Uses
A)The Services the Company offers shall not be used for any unlawful purpose or
for any use for which the Customer has not obtained all required governmental
approvals, authorization, licenses, consents and permits.
B)The Company may require Service Customers who intend to use the Company's
offering for 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 regulations, policies, orders, and decisions.
C)The Company may require a Customer to immediately shut down its
transmission W such transmission is causing interference to others.
0) 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 transfer its
existing Service to another entity if the existing Customer has paid all charges
owed to the Company for regulated access Services. Such a transfer will be
treated as a disconnection of existing Service and installation of new Service,
and non-recurring installation charges as stated in this Price List will apply.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 18
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.3 Obligations of the Customer
2.3.1 Customer Premises Provisions
A)The Customer shall provide the personnel, power and space required to
operate all facilities and associated equipment installed on the premises
of the Customer.
B)The Customer shall be responsible for providing Company personnel
access to premises of the Customer at any reasonable hour for the
purpose of testing the facilities or equipment of the Company.
2.3.2 Liability of the Customer
A)The 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, invitees, or contractors where such acts or omissions are not the
direct result of the Company's negligence or intentional misconduct.
B)To the extent caused by any negligent or intentional act of the Customer
as described in (A), preceding, the Customer shall indemnify, defend and
hold harmless the Company from and against all claims, actions,
damages, liabilities, costs and expenses, including reasonable attorneys'
fees, for (1) any loss, destruction or damage to property of any third party,
(2) the death of or injury to persons, including, but not limited to,
employees or invitees of either party, and (3) any liability incurred by the
Company to any third party pursuant to this or any other Price List 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.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 19
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.3 Obligations of the Customer, Continued
2.3.2 Liability of the Customer, Continued
C) 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
Price List including but not limited to 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 other customer or user and not by any
act or omission of the Company. Nothing in this Price List is intended
either to limit or to expand Customer's right to assert any claims against
third parties for damages of any nature other than those described in the
preceding sentence.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 20
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.4 Customer Equipment and Channels
2.4.1 Interconnection of Facilities
A) In order to protect the Company's facilities and personnel and the
Services furnished to other Customers by the Company from potentially
harmful effects, the signals applied to the Company's Service shall be
such as not to cause damage to the facilities of the Company. Any special
interface equipment necessary to achieve the compatibility between
facilities of the Company and the channels or facilities of others shall be
provided at the Customer's expense.
2.4.2 Inspections
A)The Company may, upon notification to the Customer, at a reasonable
time, make such tests and inspections as may be necessary to determine
that the requirements regarding the equipment and interconnections are
being complied with in respect to the installation, operation and
maintenance of Customer-provided equipment and in the wiring of the
connection of Customer channels to Company-owned facilities.
B)If protective agreements governing Company oversight of Customer CPE
installed at Company's premises are not being complied with, the
Company may take such action as necessary to protect its facilities and
personnel and will promptly notify the Customer by registered mail in
writing of the need for protective action. In the event that the Customer
fails to advise the Company within ten (10) calendar days after such
notice is received or within the time specified in the notice that corrective
action has been taken, the Company may take whatever additional action
is deemed necessary, including canceling Service, to protect its facilities
and personnel from harm. Upon Customer request, the Company will
provide Customer with a statement of technical parameters that the
Customer's equipment must meet within no less than twenty four (24)
hours in advance of equipment inspection.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.5 Customer Advance Payments and Deposits
Idaho P.U.C. Price List No. 3
Original Sheet No. 21
2.5.1 Advance Payments
For other than Incidental Service, and to safeguard its interests, the Company
may require a Customer to make an advance payment before Services and
facilities are furnished. The advance payment will not exceed an amount of up to
two (2) months of estimated monthly usage charges. The advance payment will
be credited to the Customer's initial bill. An advance payment may be required in
addition to a deposit.
2.5.2 Deposits
For other than Incidental Service, and to safeguard its interests, Company may
require the Customer to make a deposit to be held as a guarantee for the
payment of charges. The deposit will not exceed an amount of up to two (2)
months of estimated monthly usage charges. A deposit does not relieve the
Customer of the responsibility for the prompt payment of bills on presentation. A
deposit may be required in addition to an advance payment.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 22
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.5
Customer Deposits and Advance Payments, Continued
2.5.2 Deposits, Continued
C) When a Service or facility is discontinued, the amount of a deposit, if any,
will be applied to the Customer's account and any credit balance
remaining will be refunded. Before the Service or facility is discontinued,
the Company may, at its option, return the deposit or credit it to the
Customer's account. If the amount of the deposit is insufficient to cover
the balance due to the Customer's account, the Company retains the right
to collect any amounts owing after the deposit has been applied plus any
costs related to the collection of any remaining balance.
0) Deposits held will accrue interest, at a rate specified by the Company to
the Customer without deductions for any taxes on such deposits. Interest
will not accrue on any deposit after the date on which reasonable effort
has been made to return it to the Customer.
W. Payment Arrangements
2.6.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and
Services furnished by the Company to the Customer.
A) Taxes
The Customer is responsible for payment of any sales, use, gross
receipts, excise, access or other local, state and federal taxes, charges or
surcharges (however, designated) (excluding taxes on the Company's net
income) imposed on or based upon the provision, sale, or use of Network
Services.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 23
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.6 Payment Arrangements, Continued
2.6.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the
Customer or other users for services and facilities furnished to the Customer by
the Company.
A)The Company shall present invoices monthly to the Customer, which
shall be due and payable within thirty (30) calendar days after the date of
the invoice. Usage charges will be billed monthly for the preceding billing
period.
B)If any portion of the payment is received by the Company after the date
due, or if any portion of the payment is received by the Company in funds
which are not immediately available upon receipt of payment, then a late
payment penalty shall be due to the Company. The late payment penalty
shall be the portion of the payment not received by the date due,
multiplied by a late factor. The late factor shall be 1.5 percent of invoice
total per month.
C)The Customer will be assessed a charge of twenty five dollars ($25.00)
for each check submitted by the Customer to the Company which a
financial institution refuses to honor.
D)Where any undercharge in billing of a Customer, Company will backbill in
accordance with the Commission's rules.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 24
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.6 Payment Arrangements, Continued
2.6.3 Billing Disputes
A)General
All bills are presumed accurate, and shall be binding on the Customer
unless notice of the disputed charge(s) is received by the Company within
thirty (30) calendar days of the date of the mailing of the bill. For the
purposes of this section, "notice" is defined as written notice to the
Company, containing sufficient documentation to investigate the dispute,
including the account number under which the bill has been rendered, the
date of the bill, and the specific items on the bill being disputed.
B)Late Payment Charge
1)The undisputed portions of the bill must be paid by the payment
due date to avoid assessment of a late payment charge on the
undisputed amount under Section 2.6.2(8).
2)In the event that a billing dispute is resolved by the Company in
favor of the Customer, any disputed amount withheld pending
resolution of the billing dispute shall not be subject to the late
payment charge.
3)In the event that a billing dispute is resolved in favor of the
Company, the Customer shall pay the total billed amount and be
subject to the late payment charge and interest due.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 25
Switched Exchange Access Services Price List
REGULATIONS, Continued
PW Payment Arrangements, Continued
2.6.3 Billing Disputes, Continued
C) Adjustments or Refunds to the Customer
1)In the event that the Company resolves the billing dispute in favor
of a Customer who has withheld payment of the disputed amount
pending resolution of the disputed bill, the Company will credit the
Customer's account for the disputed amount in the billing period
following the resolution of the dispute.
2)In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill,
the Company will credit the Customer's account for any
overpayment by the Customer in the billing period following the
resolution of the dispute.
3)In the event that the Company resolves the billing dispute in favor
of a Customer who has paid the total amount of the disputed bill
but canceled the Service, the Company will issue a refund or
credit to the Customer's account of any overpayment by the
Customer.
4)All adjustments or refunds provided by the Company to the
Customer at the Customer's request, or provided by the Company
to the Customer by way of compromise of a billing dispute, and
which are accepted by the Customer, are final and constitute full
satisfaction, settlement, and/or compromise of all of the
Customer's claims for the billing period for which the adjustment
or refund was issued.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 26
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.6 Payment Arrangements, Continued
2.6.3 Billing Disputes, Continued
D) Unresolved Billing Disputes
In the case of a billing dispute between the Customer and the Company
for Service furnished to the Customer, which cannot be settled to the
mutual satisfaction of the Customer and the Company, the Customer
thirty (30) calendar days after such bills have been mailed or otherwise
rendered per the Company's normal course of business to request that
the Company provide an in-depth review of the disputed amount. The
Customer may contact the Commission at any time regarding billing
disputes.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 27
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.6 Payment Arrangements, Continued
2.6.4 Discontinuance or Suspension of Service for Cause
A)Upon nonpayment of any amounts owing to the Company, the Company
may, by giving five (5) business days prior written notice to the Customer,
suspend Service without incurring any liability.
B)Upon violation of any other terms or conditions described herein for
furnishing Service, the Company may, by giving ten (10) business days
prior notice in writing to the Customer, discontinue or suspend Service
without incurring any liability.
C)Upon condemnation of any material portion of the facilities used by the
Company to provide Service to a Customer or if a casualty renders all or
any material portion of such facilities inoperable beyond feasible repair,
the Company may, by notice to the Customer, discontinue or suspend
Service without incurring any liability.
D)Upon the Customer's insolvency, assignment for the benefit of creditors,
filing for bankruptcy or reorganization, or failing to discharge an
involuntary petition within the time permitted by law, the Company may
immediately discontinue or suspend Service without incurring any liability.
E)Upon any governmental prohibition or required alteration of the Services
provided or any violation of an applicable law or regulation, the Company
may immediately discontinue or suspend Service without incurring any
liability.
F)In the event of fraudulent use of the Company's network, the Company
may without notice suspend or discontinue Service. The Customer will be
liable for all related costs. The Customer will also be responsible for
payment of any applicable reconnection charges.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 28
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.6 Payment Arrangements, Continued
2.6.4 Discontinuance or Suspension of Service for Cause, Continued
G) Upon the Company's discontinuance or suspension of Service to the
Customer under Section 2.6.4(A) or 2.6.4(B), 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 of this Price List, may declare all
future monthly and other charges which would have been payable by the
Customer during the remainder of the term for which such Services would
have otherwise been provided to the Customer to be immediately due
and payable.
2.6.5. Customer Overpayment
The Company will not pay interest on a Customer overpayment, unless
otherwise required by law or regulation.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 29
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.7 Allowances for Interruption in Service
2.7.1 No credit allowance will be made for any interruption in Incidental Service,
including, but not limited to, the following:
A)Due to the negligence of or noncompliance with the provisions of this
Price List by any person or entity other than the Company, including but
not limited to the Customer or other common Carriers connected to the
service of the Company;
B)Due to the failure of power, equipment, systems, connections or
services not provided by the Company;
C)Due to circumstances or causes beyond the control of the Company;
D)During any period in which the Company is not given full and free
access to its facilities and equipment for the purposes of investigating
and correcting interruptions;
E)During any period in which the Customer continues to use the service
on an impaired basis;
F)During any period when the Customer has released service to the
Company for maintenance purposes or for implementation of a
Customer order for a change in service arrangements;
G)That occurs or continues due to the Customer's failure to authorize
replacement of any element of special construction; and
H)That was not reported to the Company within thirty (30) calendar days
of the date that service was affected.
2.7.2 Use of Another Means of Communications
If the Customer elects to use another means of communications during the
period of interruption, the Customer must pay the charges for the alternative
service used.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 30
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.8
Customer Liability for Unauthorized Use of the Network
2.8.1 Unauthorized Use of the Network
A)Unauthorized use of the Network occurs when: (1) 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 Price List; or (2) a
person or entity that otherwise has actual, apparent, or implied authority
to use the Network, makes fraudulent use of the Network to obtain the
Company's Services provided under this Price List, or uses specific
Services that are not authorized.
B)The following activities constitute fraudulent use:
1)Using the Network to transmit a message, locate a person, or
otherwise give or obtain information, without payment for the
Service;
2)Using or attempting to use the Network with the intent to avoid
payment, either in whole or part, of any of the Company's Price
Listed charges by either rearranging, tampering with, or making
connections not authorized by this Price List to any service
components used to furnish the Company's Services or using
fraudulent means or devices, tricks, schemes, false or invalid
numbers, false credit devices or electronic devices;
3)Using fraudulent means or devices, tricks, schemes, false or
invalid numbers, false credit devices or electronic devices to
defraud or mislead callers.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 31
Switched Exchange Access Services Price List
REGULATIONS, Continued
Customer Liability for Unauthorized Use of the Network, Continued
2.8.1 Unauthorized Use of the Network, Continued
C) Customers are advised that use of telecommunications equipment and
Services, including those provided under this Price List, carry a risk of
various forms of telecommunications fraud (including, but not limited to,
toll and PBX fraud perpetrated by Users who gain access to a Customer's
facilities, account numbers, security or authorization codes, etc.).
Customers should take all necessary steps to restrict access to their
facilities, including the equipment and Services provided hereunder, and
to detect and prevent unauthorized use of the equipment and Services
provided by the Company under this Price List.
2.8.2 Liability for Unauthorized Use
A)Except as provided for elsewhere in this Price List, the Customer is
responsible for payment of all charges for Services provided under this
Price List furnished to the Customer. This responsibility is not changed
due to any use, misuse, or abuse of the Customer's Service or CPE by
Users or other third parties, the Customer's employees, or the public.
B)The Customer is liable for all costs incurred as a result of unauthorized
use of the Network, including, but not limited to, Service charges and any
direct, indirect, special, incidental, reliance, consequential, exemplary, or
punitive charges.
C)The Customer is responsible for payment of any charges related to the
suspension of Service, and any charges for reconnection of Service,
incurred as a result of unauthorized use of the Network.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 32
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.9 Application of Rates
The regulations set forth in this section govern the application of rates for Services
contained in other sections of this Price List.
2.9.1 Charges Based on Duration of Use
Customer traffic to End Offices will be measured (i.e., recorded or assumed) by
the Company. Originating and terminating calls will be measured (i.e., recorded
or assumed) by the Company to determine the basis for computing chargeable
access minutes. In the event the Customer message detail is not available
because the Company lost or damaged tapes or experienced recording system
outages, the Company will estimate the volume of lost Customer access minutes
of use based on previously known values.
A)Originating Traffic
For originating calls over Customer's Feature Group D, usage
measurement of access minutes begins when the originating Customer's
Feature Group D switch receives the first wink supervisory signal
forwarded from the Customer's point of termination.
The measurement of originating call usage ends when the Customer's
originating Feature Group D switch receives disconnect supervision from
either the Company's Network, indicating the originating End User has
disconnected, or the Customer's point of termination, whichever is
recognized first by the Company's Network.
B)Terminating Traffic
For terminating calls, the measurement of access minutes begins when
the Customer's terminating Feature Group D switch receives answer
supervision from the Company's Network, indicating the terminating End
User has answered. For terminating calls over Customer's Feature Group
D Access Service, the measured minutes are chargeable access minutes.
Where assumed minutes are used, the assumed minutes are the
chargeable access minutes.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC
Switched Exchange Access Services Price List
REGULATIONS, Continued
2.9 Application of Rates, Continued
Idaho P.U.C. Price List No. 3
Original Sheet No. 33
2.9.1 Charges Based on Duration of Use, Continued
B) Terminating Traffic, Continued
The measurement of terminating call usage over Customer's Feature
Group D ends when the Customer's terminating Feature Group D switch
receives disconnect supervision from either the Company's Network,
indicating the terminating End User has disconnected, or the Customer's
point of termination, whichever is recognized first by the switch.
Customer's Feature Group D access minutes or fractions thereof, the
exact value of the fraction being a function of the Network technology
where the measurement is made, are accumulated over the billing period
for each End Office, and are then rounded up to the nearest access
minute for each End Office.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLO Idaho P.U.C. Price List No. 3
Original Sheet No. 34
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS
3.1 Intrastate Switched Exchange Access Services
Intrastate Switched Exchange Access Service, which is available to Customers for their
use in furnishing their Services to End Users, provides a two-point communications path
between a Customer's premises and an End User's premises. It provides for the use of
common terminating, switching and trunking facilities and/or functionalities. Switched
Exchange Access Service provides for the ability to originate calls from an End User's
premises to a Customer's premises (or a collocated interconnection location), and to
terminate calls from a Customer's premises (or a collocated interconnection location) to
an End User's premises in the LATA where it is provided and served by Company.
Switched Exchange Access Service must be ordered or is provided as an Incidental
Service separately for each LATA in which the Customer desires to originate or
terminate calls.
Switched Exchange Access Service is provided in the following service categories,
which are differentiated by their technical characteristics and the manner in which an
End User or Customer accesses them when originating or terminating calls.
Terminating Switched Exchange Access provides trunk side equivalent access to the
Company's Network for the Customer's use in originating and terminating
communications.
Toll Free Data Base Access Service provides trunk side-equivalent access to the
Company's Network in the originating direction only, for the Customer's use in
originating calls dialed by an End User to telephone numbers beginning with the prefix
11800" or "8XX" where X is a number between 0 and 9.
Customer's or its End User's use of any Incidental Service shall constitute Customer's
agreement to all of the terms and conditions of this Price List. Incidental Services are
billed to Customer on a monthly basis in accordance with Customer's recorded usage for
each Service and the corresponding rates contained in the Rates Section.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 35
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.1
Intrastate Switched Exchange Access Services, Continued
3. 1.1 Standard Rate Categories
The composite rate categories in this Section apply to Switched Exchange
Access Service and include the following combined categories.
A) Rate Regulations
1)Common Line
The Common Line rate category establishes the charges related
to the use of Company-provided End User common lines by
Customers and end-users for intrastate access.
2)End Office Switching
The Company combines traditional per minute Switched
Exchange Access rate elements into a single composite per
minute rate element. This element includes the following rate
categories:
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 36
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.1 Intrastate Switched Exchange Access Services, Continued
3.1 .1 Standard Rate Categories, Continued
A) Rate Regulations, Continued
2) End Office Switching, Continued
a)Switched Transport
The Switched Transport rate category establishes the
charges related to the provision by the Company's Network
of transmission and tandem switching functionality
between the Customer designated premises and the End
Office(s) where the Customer's traffic is switched to
originate or terminate the Customer's communications.
The Switched Transport rate category also includes the
functionality of transport between an End Office or
equivalent within Company's Network that serves as host
for a remote switching system or module.
b)End Office Switching
The End Office switching rate category establishes the
charges related to the use of those portions of the
Company's network that perform End Office switching
functionality, the terminations in the End Office of End User
lines and the termination of calls at intercept operators or
recordings.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 37
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.1 Intrastate Switched Exchange Access Services, Continued
3.1.2 Other Rate Categories
A)Toll Free Data Base Access Service
Toll Free Data Base Access Service is a service offering utilizing
originating trunk side Switched Exchange Access Service. The Service
provides for the forwarding of End User dialed Toll Free calls to a
Company Service Switching Point which will initiate a query to the data
base to perform the switching. Toll Free Data Base Access Service is not
available as an Incidental Service.
B)Customer Identification and Delivery Function
The call is forwarded to the appropriate Customer based on the dialed
Toll Free number. Toll Free Data Base Access Service is comprised of
the following elements:
1) Customer Identification Charge
The Toll Free Data Base Access Service Customer Identification
Charge applies for the identification and delivery of Toll Free
dialed traffic to the appropriate Customer. The charge is assessed
to the Customer on a per query and per minute of use basis and
may include an area of Service which may range from a single
NPNNXX to an area consisting of all LATA5 and NPAs within the
operating territory of Company. The Toll Free Carrier Identification
Charge and the per minute of use charges can be found with the
Local Transport and Local Switching rates in Section 4.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.1 Intrastate Switched Exchange Access Services, Continued
Idaho P.U.C. Price List No. 3
Original Sheet No. 38
3.1.3 Other Rate Categories
A) Toll Free Data Base Access Service, Continued
2)Translation Charge
The Translation provides the option of having the ten digit number
NPA + NXX-X)O(X delivered instead of the Toll Free dialed
number (e.g., 800 + NXX-X)O(X) delivered to the service provider.
A Translation Charge is assessed per query, in addition to the Toll
Free Carrier Identification Charge. The charges can be found in
Section 4.
3)Call Handling & Destination Feature Charge
The Toll Free Call Handling and Destination Features Package,
available only with the Toll Free Data Base Access Service,
provides feature functionality in addition to basic query. The
feature package may include various destination options such as
carrier selection, time of day routing, day of week routing, specific
date routing, geographic routing, routing based on percent of
allocation, and emergency routing profiles.
A Call Handling and Destination Feature Charge is assessed on a
per-query basis, in addition to the Customer Identification Charge
and the Translation Charge as set forth in Section 4.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 39
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.2 Voice Over Internet Protocol - P ub lic S wit ch ed Tele p ho ne Ne t wo rk ("Vo IP
-PSTN")
Traffic
A. This section governs the identification and treatment of VoIP-PSTN Traffic
that is required to be compensated at interstate access rates unless the
parties have agreed otherwise in a written agreement. Specifically, this
section establishes the method of separating such traffic (referred to in this
Price List as "Relevant VOIP-PSTN Traffic") from a Customer's traditional
intrastate access Price List, so that such Relevant VOIP-PSTN traffic can be
billed in accordance with the FCC Order.
Company will bill and collect the full Access Reciprocal Compensation on
traffic exchanged with Customers when such traffic originates and/or
terminates in Internet Protocol format, as set forth in Section 51.913 of the
Federal Communications Commission's rules, 47 C.F.R. § 51.913.'
Intrastate VolP - PSTN traffic is subject to the Company's applicable
interstate switched access rate per minute, as set forth in the Company's
F.C.C. Price List No. 2.
1 See, In the Matter of Connect America Fund A National Broadband Plan for Our Future Establishing
Just and Reasonable Rates for Local Exchange Carriers High-Cost Universal Service Support
Developing an Unified Intercarrier Compensation Regime Federal-State Joint Board on Universal Service
Lifeline and Link-Up Universal Service Reform - Mobility Fund, Report and Order and Further Notice of
Proposed Rulemaking, Docket Nos. WC Docket No. 10-90, et al., FCC 11-161, (Rel. November 18,
2011.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 40
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.2 Voice Over Internet Protocol - P ub lic S wit ch ed Tele p ho ne Ne t wo rk ("Vo IP
-P S TN")
Traffic, Continued
B. Calculations and Application of Percent-VoIP-PSTN Usage
Company will determine the number of Relevant VoIP-PSTN Traffic
minutes of use ("MOU") to which interstate rates will be applied under
subsection 3.2.A, above, by applying a Percent VoIP Usage ("PVU")
factor to the total intrastate access MOU exchanged between a Company
End User and the Customer. The PVU will be derived and applied as
follows.
The Customer will calculate and furnish to Company a factor (the
"PVU-A") representing the percentage of the total terminating
intrastate and interstate access MOU that the Customer
exchanges with Company in the State, that (a) is sent to Company
and that originated in lP format; or (b) is received from Company
and terminated in IP format. This PVU-A shall be based on
information such as the number of the Customer's retail V0IP
subscriptions in the state (e.g., as reported on FCC Form 477),
traffic studies, actual call detail, or other relevant and verifiable
information.
2. Company will similarly calculate a factor (the "PVU-B")
representing the percentage of Company's total terminating
intrastate and interstate access MOU in the State that Company
originates or terminates on its network in IP format. This PVU-B
shall be based on information such as the number of Company's
retail VolP subscriptions in the state (e.g., as reported on FCC
Form 477), traffic studies, actual call detail, or other relevant and
verifiable information.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 41
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.2 Voice Over Internet Protocol - Public Switched Telephone Netwo rk ("Vo IP - P S
TN")
Traffic, Continued
B. Calculations and Application of Percent-VolP-PSTN Usage, Continued
3.Company will use the PVU-A and PVU-B factors to calculate a
PVU factor that represents the percentage of total terminating
intrastate and interstate access MOU exchanged between a
Company End User and the Customer that is originated or
terminated in IP format, whether at Company's end, at the
Customer's end, or at both ends. The PVU factor will be
calculated as the sum of: (A) the PVU-A factor and (B) the PVU-B
factor times (1.0 minus the PVU-A factor).
4.Company will apply the PVU factor to the total terminating
intrastate access MOU exchanged with the Customer to
determine the number of Relevant VoIP-PSTN Traffic MOUs.
Example 1: The PVU-B is 10% and the PVU-A is 40%. The PVU
factor is equal to 40% + (10% x 60%) = 46%. Company will bill
46% of the Customer's terminating intrastate access MOU at its
applicable Price Listed interstate rates.
Example 2: The PVU-B is 10% and the PVU-A is 0%. The PVU
factor is 0% + (100% x 10%) = 10%. Company will bill 10% of the
Customer's terminating intrastate access MOU at Company's
applicable Price Listed interstate switched access rates.
Example 3: The PVU-A is 100%. No matter what the PVU-B
factor is, the PVU is 100%. Company will bill 100% of the
Customer's terminating intrastate access MOU at Company's
applicable Price Listed interstate switched access rates.
5.If the Customer does not furnish Company with a PVU factor, the
Company will utilize a PVU-A factor of zero.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 42
Switched Exchange Access Services Price List
SERVICE DESCRIPTIONS, Continued
3.2 Voice Over Internet Protocol - P ub lic S wit ch ed Tele p ho ne Ne t wo rk ("Vo IP
-P S TN")
Traffic, Continued
C.Initial PVU-A Factor.
If the PVU-A factor is not available and/or cannot be implemented in
Company's billing systems within 30 days of the effective date of this Price
List, the Company will adjust the Customer's initial PVU-A to zero.
D.PVU Factor Updates
The Customer may update the PVU-A factor quarterly. The Customer shall
submit such update no later than the 15th day of January, April, July, and
October of each year. Revised PVU factors must be based on the data for
the prior three months ending the last day of December, March, June, and
September respectively. The Company will use the revised PVU-A factor to
calculate a revised PVU. The revised PVU will be used for future billing and
will be effective on the bill date of each month and will be used for
subsequent monthly billing until superseded by a new PVU factor. No
prorating or back billing will be done based on the updated PVU factors.
E.PVU Factor Verification
Not more than twice in any year, Company may ask the Customer to verify
the PVU-A factor furnished to Company and a Customer may ask Company
to verify the PVU-B factor and the calculation of the PVU factor. The party
so requested shall comply, and shall reasonably provide the records and
other information used to determine the respective PVU-A and PVU-B
factors.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
TNCI Operating Company LLC Idaho P.U.C. Price List No. 3
Original Sheet No. 43
Switched Exchange Access Services Price List
RATES
4.1
4.2
4.3
Access Service
4.1.1 Composite Switched Exchange Access - Idaho North
Originating, per access minute
Terminating, per access minute
4.1.2 Composite Switched Exchange Access - Idaho South
Originating, per access minute
Terminating, per access minute
4.1.3 Toll Free Data Base Access Service
Rates per query
Customer Identification Charge
Call Handling and Destination Feature Package
POTS Translation Charge
Miscellaneous Services
4.2.1 Presubscription
A) Authorized PlC Change
-Per Telephone Exchange Service
Line or Trunk, manual only
Individual Case Basis Arrangements
$0.018761
$0.005279
$0.020581
$0.005279
$0.003500
$0.000694
$0.003665
$5.50
Individual Case Basis ("ICB") arrangements will be developed on a case-by-case basis
in response to a bona fide Customer or prospective Customer request and based on
specific Customer commitments, unless otherwise prohibited by law or regulation. ICB
arrangement switched exchange access service rates will be available to any similarly
situated Customer.
Issued: April 30, 2013 Effective: May 30, 2013
Jeff Compton, President/CEO
TNCI Operating Company LLC
114 E. Haley Street, Suite A
Santa Barbara, CA 93101
EXHIBIT F
Applicant's Statement
A/75493441.1
APPLICANT'S STATEMENT
STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
I, Jeff Compton, declare under penalty of perjury that I am President and Chief Operating
Officer of the Applicant in this proceeding; that I am authorized to make this statement on
Applicant's behalf; that I have read the foregoing Application and know the contents thereof; and
that the same is true to the best of my knowledge and belief. I also declare that Applicant is willing
to comply with all applicable Idaho Laws and all applicable rules and regulations of the
Commission.
Name: Jeff Compton
Title: President and CEO
TNCI Operating Company LLC
zl-hyet SiOAe" // —
SWORN TO AND SUBSCRIBED before me on the day of
Notary Public
My commission expires:
State of California, County 044(., )h?4..
Subscribed and sworn to (or affirmed) before me
on this .4 day of .4p,J_ 2013,
&;
persor'afnown to mlor proved to me gn the
basis of satisfactory evidence lobe thepersen(s) who appeared bore me.
Signature-
DIANE K. ZAMORA
Commission # 1986963
• Notary Public - California
Z '' Santa Barbara County
My Comm. Expires Aug 30,
ID