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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 L - - r'- - - I - 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