20171228Application.pdf

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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIOffi.ECEIVED
Z0ti DtC 28 pt 3: 30
Application of , ,i r1
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Vero Fiber Networks, LLC ApplicationNo. VfAl - f* I 7-o I
For a Certificate of Public Convenience and
Necessity to Provide Competitive Local
Exchange Services on a Limited Facilities-
Basis in the State of Idaho
(Filed December _, 2017)
APPLICATION OF VERO FIBER NETWORKS, LLC FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE COMPETITIVE LOCAL
EXCHANGE SERVICES ON A LIMITED FACILITIES-BASIS IN THE STATE OF
IDAHO
Vero Fiber Networks, LLC, ("Vero Fiber" or "Applicant") through its undersigned
counsel and pursuant to IDAPA 3 I .01 .0 I . I I 4, Title 62 of the Idaho Code, and Order No. 32211
issued in Case No. GNR-T-I1-01, hereby applies to the Idaho Public Utilities Commission
("Commission") for a Certificate of Public Convenience and Necessity to provide Competitive
Local Exchange Services.
Applicant submits the following information in support of its Application:
1. Name, Address and Form of Business [IDAPA 31.01.01.114.0U
(cXi). A short statement of the character of public service in which Aoplicant is ensaeed
Applicant seeks authority to enter the Idaho market as a provider of limited facilities-
based local exchange service, specifically by primarily providing essential broadband
infrastructure to schools and libraries by connecting district locations with fiber optic cable that
provides reliable, scaleable, and secure connectivity through the federal E-rate program.
(cXii). The name of Applicant and its state of oreanization
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The Applicant's legal name is Vero Fiber Networks, LLC. Applicant is organized in the
state of Colorado.
(c)(iii) Applicant's princioal business address and principal address in Idaho
Principal Address:
Vero Fiber Networks, LLC.
1023 Walnut Street
Boulder, CO 80302
[phone]
Idaho Registered Agent:
Incorp Services, Inc
1310 S Vista Ave, Ste 27
Boise, Idaho 83705
(c)(iv) Articles of Oreanization
A copy of Applicant's Articles of Organization is attached hereto as Exhibit A.
(cXv) The names and addresses of Applicant's officers and directors:
Matt Erickson
Managing Partner
[phone]
merickson@veronetworks. com
Zach Nebergall
Chief Operating Officer
[phone]
znebergall@veronetworks. com
Greg Friedman
Chief Financial Officer
[phone]
gfriedman@veronetwork s. com
John Real
Executive Vice President of Sales
[phone]
[e-mail]
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Scott Beer
Executive Vice President of Business Development and Chief Legal Officer
[phone]
sbeer@veronetworks. com
All principal owners and managers have a business address of:
Vero Fiber Networks, LLC
1023 Walnut Street
Boulder, CO 80302
(c)(vi) The names and addresses of Applicant's subsidiaries:
Applicant does not own or control any subsidiaries.
(cXvii) Authority to Operate
A copy of Applicant's certificate of authority from the Idaho Secretary of State is
attached hereto as Exhibit B, and certificate of good standing from the Colorado Secretary of
State is attached as Exhibit C.
Applicant's Registered Agent is:
Incorp Services, Inc
1310 S Vista Ave, Ste 27
Boise, Idaho 83705
(cXviii) Ownership
No corporation, association, or other similar organization hold a 5oh or greater ownership
or managerial interest in the Applicant.
2. Services and Territory [IDAPA 31.01.01.114.021
Applicant seeks authority to enter the Idaho market as a provider of limited facilities-
based local exchange service, specifically by primarily providing essential broadband
infrastructure to schools and libraries by connecting district locations with fiber optic cable that
provides reliable, scaleable, and secure connectivity through the federal E-rate program.
Applicant intends to deliver an aggregation of technologies utilizing fiber optic cable depending
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on the customer's location and needs. Applicant will offer leasing of dedicated fiber optic
strands to allow schools and libraries to create their own privately-operated fiber optic network.
This type of dedicated, purpose-built dark fiber networks are physically separate from other
customers and controlled by the end-user. Applicant will also provide private lit fiber network
for schools and libraries wanting assistance with running their networks and associated
equipment.
Applicant does not currently own any property in Idaho. Applicant desires to provide
broadband service using fiber optic cabling that is either leased from other providers, placed
within existing rights-of-way and/or conduits that are leased from other providers, or constructed
within existing rights-of-way or via pole attachment arrangements. Applicant may seek to
deploy its own facilities in or on existing structures. It is Applicant's understanding that without
a CPCN, incumbent local exchange carriers have refused to allow entities to use their conduit or
poles. It is therefore necessary for Applicant to have a CPCN so that it may obtain
interconnection agreements with the incumbent local exchange carriers ("ILECs"), pole
attachment agreements with local utility companies, and franchise agreements and permitting
arangements with local municipalities in Idaho.
Applicant seeks authority to offer services in the entire state of Idaho. As soon as it
receives a CPCN from the Commission, Applicant intends to negotiate interconnection
agreements with ILECs and to begin bidding on potential projects. Applicant anticipates it will
begin construction and provide service in Idaho in 2018.
3. Financiallnformation[IDAPA31.01.01.114.03]
Applicant was formed on October 13, 2017. As a new formed Limited Liability
Company, Applicant does not have financial information for the prior 12 months. However,
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Applicant attaches hereto as Confidential Exhibit D, a copy of its pro forma financials,
demonstrating its ability to provide the proposed services.
4. Tariff and Price Lists [IDAPA 31.01.01.114.041
A copy of Applicant's tariff is attached hereto as Exhibit E.
5. Tariff and Customer Contact [IDAPA 31.01.01.114.051
The name, address, and telephone number for the person responsible for tariff and price
list questions, and customer complaints and inquiries is:
Scott Beer
Executive Vice President of Business Development and Chief Legal Officer
Vero Fiber Networks, LLC
1023 Walnut Street
Boulder, CO 80302
[phone]
sbeer@veronetworks. com
As a newly created entity, Applicant currently does not have a toll-free telephone
number. Upon issuance of a CPCN, Applicant will obtain a toll-free telephone number prior to
offering services in Idaho.
6. InterconnectionAgreements[IDAPA31.01.01.114.061
Applicant has not yet initiated any interconnection negotiations but intends to do so as
necessary and upon being granted authority by the Commission. Once Applicant has conducted
negotiations and reached agreements, copies of any interconnection agreements will be filed with
the Commission for its approval.
7. Compliance with Commission Rules [IDAPA 31.01.01.114.071
Applicant has reviewed all of the Commission's rules and agrees to comply with them.
8. Conservation of Telephone Numbers UDAPA 31.01.01.114.08I
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Applicant does not intend to provide telephone number resources in Idaho. To the extent
Applicant has telephone number resources in Idaho, Applicant shall be subject to numbering
conservation measures including mandatory one thousand (1,000) block pooling. Applicant will
evaluate its numbering resources and donate to the numbering resource pool unused one
thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than
ten percent (10%) of the telephone numbers assigned. Applicable carriers shall also file the
necessary utilization reports with the number administrator and semi-annually report their
number resource fiilizationlforecast (NRUF) data at the one thousand (1,000) block level for
each rate center within their service territory.
9. Conclusion
WHEREFORE, Vero Fiber Networks, LLC respectfully requests the Idaho Public
Utilities Commission issue an order granting a Certificate of Public Convenience and Necessity
to Vero Fiber Networks, LLC and authorizing it to provide limited facilities-based competitive
local exchange broadband services in the State of Idaho.
Respectfully Submitted this 28th day of December,2017 .
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Holland & Hart LLP
800 W. Main Street, Suite 1750
Boise, Idaho 83702
Telephone: [phone] I 3
Email : kcstan ger@hollandhart. com
Thorvald A. Nelson
Holland & Hart LLP
6380 S. Fiddlers Green Circle, Suite 500
Greenwood Village, Colorado 801I I
Telephone: [phone]
Facsimile: (303) 97 5-5290
Email: [e-mail]
Attorneyfor Vero Fiber Networl<s, LLC
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O Exhibit A
Page 1 of5
OFF'ICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF DOCUMENT FILED
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to
the records of this office, the attached document is a true and complete copy of the
Articles of Organization
with Document# 20171770786 of
Vero Fiber Networks, LLC
Colorado Limited Liability Company
(Entity rD # 2017 1770786 )
consisting of 4 pages.
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
l2l2ll20l7 that have been posted, and by documents delivered to this office electronically through
1212812017@ 10:43:46.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 1212812017 @ 10:43:46 in accordance with applicable law. This
certificate is assigned Confirmation Number 10625834
Secretary of State ofthe State ofColorado
************'l.******{.*************************End OfCeftifiCate*******************************************
Notice: A certifrcate issued electronicallv from the Colorado Secretam ofState's lleb site is fullv and immediatelv valid and effective. However,
as an option, the issuance and validity ofa certificate obtained electronically may be esablished by visiting the Validate a Certificate page of
the Secrenry of State's Web sile, hltp://www.sos.state.co.us/bi/CertificaleSearchCriteria.do entering the certifrcate's confirmation number
displayed on the certificate, andfollowing the instructions displayed. Co4lirmine the issuance of a certi.licate is merel! optional and is not
necessary to the valid and ellective issuance q{ a certilicate. For more infornntion, visit our Ll/eb site, http:/htww.sos.state.co.us/ click
"Businesses, trademarks, trade names" and select "Frequently Askcd Questions."
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Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of fi led documents, visit www.sos.state.co.us.
I Exhibit A
cororado Secretary of State Page 2 of 5
Date and Time: 1011312017 03:43 PM
ID Number:20171770786
Document number: 2017 17 7 07 86
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to $ 7-80-203 and $ 7-80-204 of the Colorado Revised Statutes (C.R.S.)
l. The domestic entity name of the limited liability company is
Vero Fiber Networks, LLC
(fhe name ofa limited liability company must contain the term or abbreviation
"limited liability company", "ltd. liability company", "limited liability co.", "ltd.
liability co.", "limited", "1.1.c.", "llc", or "ltd.". See $7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address 1023 Walnut Street
(Street number and name)
Boulder co 80302
(City)(Stare) (ZlP/Postal Code)
United States
(Province ifapplicable)(Country)
POBox1110
Boulder 80306
(City)(State) (ZlP/Posral Code)
United States .
(Province - if applicable)(Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)Friedman Gregory
(last)(First)(Middle) (Sufix)
(if an entity)
(Caution: Do not provide both an individnl and an entity name.)
Street address 431 7lh Street
(Streel number and name)
Unit 773811
Steamboat nngs
Mailing address
(leave blank ifsame as street address)
Mailing address
(leave blank ifsame as street address)
(Street number and name or Post Olfice Box idormation)
CO
or
CO
(State)
80487
(ZIP Crd")(City)
PO Box 773811
(Street number and name or Post Olfice Box information)
ARTORG-LLC Page I of3 Rev.l2/0lD0l2
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Steamboat Springs
Exhibit A
Page 3 of 5
80477
(ZlP Crd4(City)
CO
(State)
(Thefollowing snkmenl is adopted by marking the box.)
I fne person appointed as registered agent has consented to being so appointed.
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)Friedman Gregory
(Last)(First)
(if an entity)
(Caution: Do not provide both an indiviilnl and an entity name.)
Mailing address PO Box 773811
(Slreel number and name or Post O/fice Box infomntion)
Steamboat Springs 80477
(Ciry)
(Middte) (5ufr4
or
(ZIP/Postal Code)
(Province - if applicable) (Country)
(lfthefollowing stalement applies, adopt the statement by marking the box and include an attachmenl.)
I fn" limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
! or" or more managers.
or
[]tne members.
6. fhefoltowing statement is adopted by marking the box.)
I there is at least one member of the limited liability company.
7 . (f the following statemenl applies, adopt the statement by marking the box and include an attachment.)
I fnis document contains additional information as provided by law.
8, (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed ffictive date has
significant legal consequences. Read instructions before entering a date.)
(lfthefollowing slatement applies, adopt lhe slalement by entering a date and, {applicable, time using the requiredformat.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yy1y how : m i nute any'p m)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
States
CO
(Strt4
itedUn
ARTORG LLC Page 2 of 3 Rev. 1210112012
o O Exhibit A
Page 4 of 5
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Friedman Gregory
(Middle) (Sufrx)
(Streel number and name or Post O/fice Box information)
Steamboat Springs co 80477
(City)(State) (ZlP/Postal Code)
United States .
(Province - if applicable) (Country)
(lfthefollowing stdtement applies, adopt the stalement by marking the box and include an atlachment.)
I fnis document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are fumished without representation or warranty. While this form/cover sheet is believed to satisfu
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
(Last)
PO Box 773811
(First)
ARTORG_LLC Page 3 of 3 Prev.12/0lD0l2
o o Exhibit A
Page 5 of 5
Matt Erickson
- 950 Gilbert St., Boulder, CO 80302
Gregory Friedman
- PO Box 773811, Steamboat Springs, CO 80477
Scott Beer -
365 Morningstar Way, Castle Rock, CO 80108
Zach Nebergall-
1133 Mapleton Avenue, Boulder, CO 80304
John Real -
1 1885 Osceola St., Westminster, CO 80031
Matt Geraghty -
1780 Norwood Avenue, Boulder, CO 80304
IDSOS CERTIFICATE OF ES}TENCE O Page
Exhibit
I of 1
B
State of ldaho
CERTIFICATE OF EXISTENCE
OF
VERO FIBER NETWORKS, LLC
File NumberW-192196
I, LAWERENCE DENNEY, Secretary of State of the State of ldaho, hereby certify that I am the
custodian of the limited liability company records of this State.
I FURTHER CERTIFY That the records of this office show that the above-named limited
liability company was organized under the laws of COLORADO and filed for authorization to
transact business in ldaho on 1112012017 .
I FURTHER CERTIFY That the limited liability company's certificate of authority has not been
canceled.
Dated: 12128/2017 10:42 AM
d
SECRETARY OF STATE
Authentic Access Idaho Document ( http://www.accessidaho.ore/public/oortal/authenticate.html )
Tag: b5ae5f5ff8d7408761d73ce31b2718df738785edfe7a920n76275397266d0690a7fc1b435f0d4b
Office of the Secretary of State
https ://www.accessidaho.org/secure/sos/corp/cert.html t2/2812017
I Exhibit C
Page 1 of 1
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according
to the records of this office,
Vero Fiber Networks, LLC
isa
Limited Liability Company
formed or registered on 1011312017 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 2017 17707 86 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
1110312017 that have been posted, and by documents delivered to this office electronically through
1110812017 @ og:oo:zg .
I have affixed hereto the Great Seal ofthe State ofColorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 1l108/2017 @ 09:00:29 in accordance with applicable law.
This certificate is assigned Confirmation Number 10540888
Secretary ofState ofthe State ofColorado
*********************************************End OfCeftifiCate**************************************l****
Notice: A certificate issued electronicalb, from lhe Colorado Secretarv of State's Web site is fullv and immediatelv valid and elfective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the yalidale a
Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate's
confirmation number displayed on lhe certificate, andfollowing the instructiors displayed. Confirmine the issuance of a certilicate is merelv
optional and is not necessary to lhe valid and e,tfective issuance of a certificate. For more information, visit our Web site, http://
www.sos.state.co.us/ click "Businesses, trademarlrs, trade names" and selecl "Frequently Askzd Questions."
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O o PUBLIC
Exhibit D
Page 1 of 1
REDACTED EXHIBIT D
Confidential Exhibit D contains commercially-sensitive information and trade secrets that
are exempt from disclosure pursuant to Idaho Code $ 74-107(l).
Exhibit E
Page 1 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. I
Vero Fiber Networks, LLC
REGULATIONS AND SCHEDULE OF CHARGES
APPLYING TO COMPETITIVE LOCAL EXCHANGE COMMUNICATIONS SERVICES
WITHIN THE STATE OF IDAHO
This tariff contains the descriptions, regulations, and rates
applicable to the resale of localtelecommunications services offered
by Vero Fiber Networks, LLC within the State of Idaho. The
Company has a principal office at 1023 Walnut Street, Boulder,
Colorado 80302, telephone number [phone]. This tariff is on
file with the ldaho Public Utilities Commission ("Commission").
Copies may be inspected during normal business hours at the
Company's principal place of business.
Issued Effective
Scott Beer
Executive Vice President of Business Development and Chief Legal Officer
1023 Walnut Street
Boulder, Colorado 80302
(303) 3s0-4060
[e-mail]
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o Exhibit E
Page2 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 2
REVISION
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CHECK SHEET
PAGE NO
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TABLE OF CONTENTS
Title Sheet
Check Sheet
Table of Contents
Symbols Sheet.......
Tariff Format Sheet
Section 1 - Definitions
Section 2 - Rules and Regulations
2.1 Application of Tariff ..
3.2 Other Services ..
Section 4 . Rates and Charges........
4.1 Rates
4.2 Standard and Maximum Rates for Non-lCB Services
4.3 Taxes and Surcharges ...........
a Exhibit E
Page 3 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 3
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2.2 Use of Services
2.3 Liability of Company .............
2.4Force Majeure
2.5 Obligations of the Customer
2.6 Cancellation or Interruption of Services
2.7 Credit Allowance for Certain Interruption of Services ...............12
2.8 Payment and Rendering of Bills
2.9 Yalidation of Credit
2.10 Disputed Bills ......
2.I I Deposits
2.12 Taxes
2.13 Shortage of Equipment or Facilities ....... 15
2.1 4 Special Construction .... l5
2.15 Other Services Provided by Company t6
Section 3 . Description of Services t6
3.1 Fiber Optic Broadband Service
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a I Exhibit E
Page 4 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 4
C-
D-
I-
M.
N-
R-
s-
T-
SYMBOLS SHEET
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate or regulation.
I t Exhibit E
Page 5 of 17
Idaho Public Utilities Commission. Tariff No. 1
Original Page No. 5
TARIFF FORMAT SHEET
A Page numbering - Page numbers appear in the upper right hand corner of the page. Pages
are numbered sequentially. However, new pages are occasionally added to the tariff.
When a new page is added between pages already in effect, a decimal is added. For
example, new pages added between pages l4 and l5 would be 14.1.
B Page revision numbers - Revision numbers also appear in the upper right corner of each
page. These numbers are used to determine the most current page version on file with the
Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14.
Because of various suspension periods, deferrals, etc., the Commission allows in their tariff
approval process, the most current page number on file with the Commission is not always
the tariff page in effect. Consult the Check Sheet for the page currently in effect.
C Paragraph Numbering Sequence -There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level:
2
2.1
2.1 .1.
2.1.1.2.1.1.A.1
2.1.1.A.1.(a).
2.1 .1.A.1 .(a).1.
2.1.1.A.1.(a).1.(i).
2.1 .t .A.1.(a).1.(i).( I )
D Check Sheets: When a tariff filing is made with the Commission, an updated Check Sheet
accompanies the tariff filing. The Check Sheet lists contained in the tariff, with a cross
reference to the current revision number. When new pages are added the Check Sheet is
changed to reflect the revision. All revisions made in a given filing are designated by an
asterisk (*). There will be no other symbols used on this page if these are the only changes
made to it (i.e. the format, etc. remains the same, just revised revision levels on some
pages). The tariff user should refer to the latest Check Sheet to find out if a particular page
is the most current on file with the Commission.
o o Exhibit E
Page 6 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 6
SECTION 1 - DEFINITIONS
Access Line - An arrangement from a local exchange telephone company or other common carrier,
using either dedicated or switched access, which connects a Customer's location to Carrier's
location or switching center.
Authorization Code - A numerical code, one or more of which may be assigned to a Customer to
enable Carrier to identify the origin of service of the Customer so it may rate and bill the call. All
authorization codes shall be the sole property of Carrier and no Customer shall have any property
or other right or interest in the use of any particular authorization code. Automatic numbering
identification (ANI) may be used as or in connection with the authorization code.
Company - Vero Fiber Networks, LLC.
Common Carrier - An authorized company or entity providing telecommunications service to the
public.
Commission - The ldaho Public Utilities Commission
Customer - The person, firm, corporation or other entity which subscribes to, utilizes, or enters
into arrangements for Carrier's telecommunications services and is responsible for payment of
Carrier's services.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a specific
Customer or End User.
Holiday - New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day.
Telecommunications - The transmission of voice, data, facsimile, signaling, metering, or other
similar communications.
WAN - Wide AreaNetwork.
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SECTION 2 . RULES AND REGULATIONS
2.1 Application of Tariff
o Exhibit E
Page7 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 7
2.1.1 This Tariff contains the regulations and rates applicable to intrastate local
exchange telecommunications services provided by Company for
telecommunications between points within the State of Idaho. Company's
services are furnished subject to the availability of facilities and services and
subject to the terms and conditions of this Tariff.
2.1.2 Company's services may be provided over the telecommunications channels,
facilities or services of other facilities-based carriers and may involve the resale
of services of underlying Common Carriers.
2.1.3 The rates and regulations contained in this Tariff apply only to the services
furnished by Company to the Customer and do not apply to lines, facilities, or
services used in accessing the services of Company that are not provided by
Company.
2.1.4 The Customer is entitled to limit the use of Company's services by end users at
the Customer's facilities, and may use other Common Carriers in addition to or in
lieu of Company.
2.2 Use of Services
2.2.1 Company's services may be used for any lawful purpose consistent with the
transmission and switching parameters of the telecommunications facilities
utilized in the provision of services.
2.2.2 The use of Company's services 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.
2.2.3 Company's services are available for use twenty-four hours per day, seven days
per week, except with respect to limited planned outages about which the
Customer will be provided advance notice.
2.2.4 Company does not transmit messages pursuant to this Tariff, but its services may
be used for that purpose.
2.2.5 Company's services may be cancelled for nonpayment of uncontested bill charges
or for other violations of this Tariff.
2.3 Liability of the Company
2.3.1 Due to the unavoidability of errors incident to the services and to the use of the
facilities furnished by the Company, the services and facilities furnished by the
Company are subject to the terms, conditions and limitations set forth herein.
Exhibit E
Page 8 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. 8
2.3.2 The liability of the Company for any loss or damages whatsoever arising out of
mistakes, omissions, delays, elTors, defects or failures in the service, or in any
non-regulated equipment or facilities, shall not exceed an amount equivalent to
the proportionate charge to the Customer for the period during which the mistake,
omission, delay, defect, or failure existed, or the Tariff charge for the service
involved. Under no circumstances shall the Company be liable for any
consequential, special, indirect, incidental or exemplary damages.
2.3.3 Company shall not be liable for any act or omission of any connecting carrier,
underlying carrier, or incumbent local exchange company; for acts or omissions
of any other providers of connections, facilities, or service other than the
Company; or for culpable conduct of the Customer or failure of equipment,
facilities or connection provided by the Customer.
2.3.4 Company shall not be liable for defacement of, or damage to, the premises of a
Customer resulting from the attachment of instruments, apparatus and associated
wiring furnished by the Company on such Customer's premises or by the
installation or removal thereof, when such defacement or damage is not the result
of the Company's gross negligence. No agents or employees of the other
participating carriers shall be deemed to be agents or employees of Company.
2.3.5 Company shall not be liable for any unlawful or unauthorized use of Company's
facilities and service, unless such use results solely from the negligence or willful
misconduct of Company.
2.3.6 The Customer is responsible for taking all necessary legal steps for
interconnecting Customer-provided terminal equipment with Company's
facilities. The Customer shall secure all licenses, permits, rights-of-way, and
other arrangements necessary for such interconnection.
2.4 Force Maieure
2.4.1 Except as provided in Sections 2.4.2 through 2.4.4 below, and notwithstanding
any provision or inference to the contrary contained in this Tariff, neither party
shall be liable for any failure or suspension of performance due to an act of God;
fire; explosion; local, state or federal government action; unusual shortage of
materials; strike or other labor unavailability; riot or war (individually, a "force
majeure event"). The party claiming relief under this section shall exercise
reasonable efforts to minimize the time of any failure or suspension of
performance hereunder and promptly notify the other party of the occurrence of
the force majeure event. Notwithstanding the foregoing, in no event shall a failure
to pay sums required pursuant to this Tariff or any service order(s) be deemed, or
postponed by, a force majeure event.
If a failure of performance arising out of a force majeure event shallbe solely on
the part of Customer and shall be for thirty (30) days or less, then the affected
service shall remain in effect and Customer shall remain liable for all charges
o a
2.4.2
a Exhibit E
Page 9 of 17
Idaho Public Utilities Commission. Tariff No. 1
Original Page No. 9
therefore. If such failure ofperformance by Customer shall be in excess of thirty
(30) days, Customer shall have the option either to maintain the affected service
by continuing payments or to cancel the affected service by notice to Company
without further liability of the parties.
If a failure of performance arising out of a force majeure event shall be solely on
the part of Company and shall be for thirty (30) days or less, then the affected
service shall remain in' effect with no liability on the part of Company, and
Customer shall have no liability for recurring charges as to the period of
Company's nonperformance as to the affected service. If such failure of
performance by Company shall be in excess of thirty (30) days ("Failed
Performance Period"), then the affected service may be canceled by Customer any
time thereafter but no later than twenty (20) days after the end of the Failed
Performance Period without further liability of the parties, provided that until such
time as Customer cancels the affected service, such service shall remain in effect
with no liability on the part of Company; and, until the sooner of such time as
Customer so cancels the affected service or resumption of Company's
performance after the force majeure event, Customer shall have no liability for
recurring charges as to said period of Company's nonperformance as to the
affected service.
If a failure to perform arising out of a force majeure event shall be on the part of
both Customer and Company shall be for thirty (30) days or less, then the affected
service shall remain in effect with no liability on the part of Company, and
Customer shall have no liability for recurring charges as to the period of
Company's nonperformance as to the affected service. If such failure of
performance by both parties shall be in excess of thirty (30) days, then the affected
service may be canceled by either party without further liability of the parties
thereunder any time within twenty (20) days after the end of such force majeure
event(s), provided that until the sooner of such time of cancellation or resumption
of Company's performance after any force majeure event, Customer shall have
no liability for recurring charges as to said period of Carrier's nonperformance as
to the affected service.
2.5 Obligations of the Customer
2.5.1 The Customer is responsible for placing any necessary orders for complying with
Tariff regulations; for the placement of any stickers or tent cards provided by
Company or as required by law; and for assuring that end users comply with Tariff
regulations. The Customer shall ensure compliance with any applicable laws,
regulations, orders or other requirements (as they exist from time to time) of any
governmental entity relating to services provided or made available by the
Customer to end users. The Customer is also responsible for the payment of
charges for calls originated at the Customer's numbers which are not collect, third
paffy, calling card, or credit card calls.
o
2.4.3
2.4.4
o Exhibit E
Page 10 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l0
2.5.2 The Customer is responsible for charges incurred for special construction and/or
special facilities which the Customer requests and which are ordered by Company
on the Customer's behalf.
2.5.3 If required for the provision of Company's services, the Customer must provide
any equipment space, supporting structure, conduit and electrical power without
charge to Company.
2.5.4 The Customer is responsible for arranging access to its premises at times mutually
agreeable to Company and the Customer when required for Carrier personnel to
install, repair, maintain, program, inspect or remove equipment used for or with
the provision of Company's services.
2.5.5 The Customer shall ensure that its equipment and/or system is properly interfaced
with Company facilities or services, that the signals emitted into Company's
network are of the proper mode, bandwidth, power, and signal level for the
intended use of the Customer and in compliance with the criteria set forth in this
Tariff and that the signals do not damage equipment, injure personnel, or degrade
service to other Customers. If the Federal Communications Commission or some
other appropriate certifying body certifies terminal equipment as being technically
acceptable for direct electrical connection with interstate communications service,
Company will permit such equipment to be connected with its channels without
use of protective interface devices. If the Customer fails to maintain the
equipment and/or the system properly, with resulting imminent harm to Company
equipment, personnel, or the quality of service to other Customers, Company may,
upon written notice, require the use of protective equipment at the Customer's
expense. If this fails to produce satisfactory quality and safety, Company may
terminate the Customer's service.
2.5.6 The Customer is responsible for payment of the charges set forth in this Tariff.
2.5.7 The Customer is responsible for compliance with the applicable regulations set
forth in this Tariff.
2.5.8 The Customer shall indemnify and save Company harmless from all liability
disclaimed by Company as specified in Section 2.3 above, arising in connection
with the provision of service by Company.
2.5.9 Customer has the sole responsibility and liability for obtaining at its expense any
and all third party access rights (including, without limitation, entrance facilities
and interconnection) that Customer desires or requires for Customer to access
Customer's customers from or between any Carrier Point of Presence and said
customer.
I
t Exhibit E
Page11of17
Idaho Public Utilities Commission. Tariff No. 1
Original Page No. I I
Cancellation or Interruption of Services
2.6.1 Without incurring liability, Company may discontinue services to a Customer or
may withhold the provision of ordered or contracted services, subject to the
procedures set forth in2.6.2:
2.6.1.1. For nonpayment of any sum due Company for more than thirty (30)
days after issuance of the bill for the amount due;
2.6.1.2. For violation of any of the provisions of this Tariff;
2.6.1.3. For violation of any law, rule, regulation or policy of any governing
authority having jurisdiction over Company's services;
2.6.1.4. By reason of any order or decision of a court, public service
commission or federal regulatory body or other governing authority
prohibiting Company from furnishing its services;
2.6.1.5. If Company is reasonably unable to furnish all of the service requested
by Customer for any cause other than Company's negligence or willful
misconduct; or
2.6.1.6. If any material rate or term contained in this Tariff is substantially
changed adversely to Company by order of the Commission and such
order is sustained by the highest court of competent jurisdiction to
which the matter is appealed.
2.6.2 Procedures for discontinuance of existing service:
2.6.2.1. Company may discontinue service without notice for any of the
following reasons:
2.6.2.2. If a Customer or User causes or permits any signals or voltages to be
transmitted over Company's network in such a manner as to cause a
hazard or to interfere with Company's service to others.
2.6.2.3. If a customer or User uses Company's services in a fraudulent manner.
2.6.2.4. In all other circumstances, Company will provide the Customer with
written notice via first class U.S. mail stating the reason for
discontinuance, and will allow the Customer not less than fifteen (15)
days to remove the cause for discontinuance. In cases of nonpayment
of charges due, the Customer will be allowed at least ten (10) days
written notice via first class mail that disconnection will take place,
excluding Sundays and holidays, and the Customer will be given the
opportunity to make full payment of all undisputed charges, and in no
event will service be discontinued on the day preceding any day on
I
2.6
o o Exhibit E
Page 12 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l2
which Company is not prepared to accept payment of the amount due
and to reconnect service.
2.6.2.5.Without incurring liability, Company may interrupt the provision of
services at any time in order to perform tests and inspections to assure
compliance with tariff regulations and the proper installation and
operation of Customer and Company's equipment and facilities and
may continue such interruption until any items of noncompliance or
improper equipment operation so identified are rectified.
2.6.2.6.Service may be discontinued by Company, without notice to the
Customer, by blocking traffic to certain countries, cities, or NXX
exchanges when Company deems it necessary to take such action to
prevent unlawful use of its service. Company will restore service as
soon as it can be provided without undue risk.
2.7 Credit Allowance for Certain Interruption of Services
2.7.1 Interruption means an interruption or degradation of the service provided by
Company that violates Company's technical standards for such service as set forth
in Customer's Service Agreement including, a failure of any line subscribed to by
the Customer hereunder and/or, if applicable, Company-provided equipment or
software attached thereto. Interruption shall not include the failure of any service
or facilities provided by a Common Carrier or other entity other than the
Company. Any Interruption allowance provided within this Tariff by Company
shall not apply where service is interrupted by the negligence or willful act of the
Customer, or where the Company, pursuant to the terms of this Tariff, terminates
service because of non-payment of bills, unlawful or improper use of the
Company's facilities or service, or any other reason covered by this Tariff or by
applicable law.
2.7.2 Customer shall be entitled to a credit for any Interruption of Service exceeding
thirty (30) minutes in duration, computed at a rate of VI460 of the monthly
recurring charge applicable to the service subject to said Interruption for each half
hour or majority fraction thereof that such Interruption continues, measured as
provided below, after the maintenance time permitted Company pursuant to
Section 2.7.5 below; provided that if more than one Interruption occurs within a
twenty-four (24) hour period, the length of all such Interruptions shall be
aggregated and treated as a single Interruption for purposes of determining the
availability and amount of a credit. Interruptions shall be measured from the time
that Company receives notice of such Interruption to the time of material
restoration of the applicable portion of the service, less any maintenance time
permitted Company pursuant to Section 2.7.5 below, and less any time period
during which Customer fails to accord access to Company to any necessary
facilities provided by Customer for the purpose of investigating and curing such
Interruption. Customer may notify Company of an Interruption by telephone,
facsimile, electronic mail, courier or any such similar expedited communication
2.7.3
2.7.4
2.7.5
o o Exhibit E
Page13of17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l3
methodology. Credit in any billing period shall not exceed the total non-usage
charges for that period for the services and facilities furnished by the Company
rendered useless or substantially impaired. No allowance shall apply to any non-
recurring or usage charges.
In the event of an Interruption on more than five (5) days during any thirty (30)
day period (and so long as such Interruption does not arise out ofthe events, acts
or omissions described in Section 2.7.4below), Customer as its sole remedy shall,
at its option, have the right to either (I) terminate the affected service without
further liability of the parties; or (2) receive a credit in an amount equalto one (l)
month's recurring charge for the affected service.
In the event of required maintenance or Interruption arising out of (l) any problem
with any service provided by a party other than Company, or (2) the acts or
omissions of Customer or Customer's agents, servants, employees, officers,
directors, contractors, subcontractors, invitees or representatives, including,
without limitation, Customer's equipment malfunction or improper use, Customer
shall not be entitled to any credit. Company shall have no liability to Customer
for such maintenance or Interruption. Customer shall continue to be liable for all
payments for which Customer is obligated to pay under this Tariff and any and all
Service Order(s) as if such Interruption had not occurred. Customer shall pay,
promptly on Company's demand, Company's standard maintenance service call
fee plus Company's maintenance, repair, and replacement costs arising out of the
events, acts, and omissions described in subparagraph (2) of this section.
Company's standard maintenance service call fee is $150.00 perhour, T:00 a.m.
to 5:00 p.m. Monday through Friday, and $250.00 at all other times and on
Holidays, with a two hour minimum billing requirement
Maintenance of Company's system may, from time to time, result in Interruption
of Service, provided that, to the extent reasonably possible, maintenance shall be
performed during non-peak hours (namely, the hours between midnight to 6:00
a.m. Eastern Standard Time). Company shall provide Customer two (2) business
days notice (except in the event of an emergency no notice shall be required) prior
to its undertaking any maintenance which may be reasonably expected to result
in Interruption of Service; such notice shall be provided via telephone, facsimile,
electronic mail, courier or any such similar expedited communications
methodology, without the need for a written duplicative notice being delivered.
Maintenance required by Company which results in Interruption of Service shall
not entitle Customer to a credit if such maintenance is completed as soon as
reasonably practicable and does not exceed six (6) hours (said six-hour period to
be measured from the time of Company's receipt of notice as to the need for
required maintenance, except as to routine maintenance which shall be measured
from the beginning of the subject Interruption); in the event such maintenance
exceeds four (4) hours, Customer's sole remedy shall be credit as provided above.
o Exhibit E
Page 14 ol 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l4
2.8 Payment and Renderine of Bills
2.8.1 Customers will be billed directly by Company.
2.8.2 Company will render invoices monthly. Payment is due within thirty (30) days
after Customer's receipt of its invoice.
2.8.3 If any portion of the payment is not received by the Company, or if any portion
of the payment is received by the Company in funds that are not immediately
available, by the subject invoice due date, which shall not be sooner than 20 days
from the mail date on the bill, then a late payment penalty shall be due the
company. The late payment penalty shall be that portion of the payment not
received by the date due minus any charges billed as local taxes multiplied by 1.5
percent. Company may invoice Customer for the late payment charge on the next
regular monthly invoice.
2.8.4 For Returned Checks: The Customer will be assessed a retumed check charge of
$20.00 for each check submitted by the Customer to the Company that a financial
institution refuses to honor. This charge is inclusive of the bank fee plus a
reasonable Company administrative fee.
2.9 Validation of Credit
Company reserves the right to validate the credit worthiness of Customers.
2.10 Disputed Bills
All bills are presumed accurate, and will be binding on the Customer unless objection is
received by Company within ninety (90) days after such bills are rendered. Customer
nevertheless shall pay to Company no later than the subject invoice due date the undisputed
amount, if any, due and owing to Company and provide to Company no later than the
subject invoice due date, in writing, the grounds upon which Customer is contesting the
disputed amount. In the event that the parties are unable to amicably resolve the issues
raised by Customer concerning the Disputed Amount within ninety (90) days of the billing
date:
2.10.1 Customer or Company may file an appropriate complaint with the Commission
staff. The current address for filing complaints is:
Idaho Public Utilities Commission Utilities Division
1200 West Washington Street
Phoenix, Idaho 85007 -2927
Telephone : [phone]
If the dispute is resolved in favor of the Customer and the Customer has withheld
the disputed amount, no interest or penalties will apply. Any billing dispute
between the Company and a Customer that is being investigated by the Company
or the Commission shall be considered a bona fide dispute until the Company or
o
2.ll Deposits
2.12 Taxes
a o Exhibit E
Page 15 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l5
the Commission, whichever is the investigating entity, completes its investigation
and advises the Customer of its determination. The Customer's service or
services, which are subject to the dispute, shall not be disconnected pending
resolution of a bona fide dispute.
Company does not require a deposit from the Customer
All federal excise taxes and state and local sales taxes, are billed as separate items and are
not included in the quoted rates. Customer shall pay to Company gross receipts, right-of-
way, franchise, sales and use taxes and other similar charges that are levied upon or
assessed against Company or Company's property or legally required to be collected by
Company as a direct result of Carrier's provision of service to Customer within thirty (30)
days of Company's written request therefore, but in no event shall Customer be obligated
to pay income taxes levied upon Company's net income.
2.13 Shortaeeo@
2.13.1 The Company reserves the right to limit or to allocate the use of existing facilities,
or of additional facilities offered by the Company, when necessary because of lack
of facilities, or due to some other cause beyond the Company's control.
2.13.2 The furnishing of service under this Tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of the
Company's facilities as well as facilities the Company may obtain from other
Common Carriers to furnish service from time to time as required at the sole
discretion of the Company.
2.14 SpecialConstruction
When it is necessary for the Company to provide outside plant construction, either
on a public road or on private property, which is other than that usually provided
for the area and class of service furnished, the customer or other party requiring
such special construction is required to pay the difference between the estimated
cost of usual construction and the estimated cost of the type of construction
provided under the conditions specified herein. These costs are calculated as the
cost to the Company plus an administrative charge, minus any credit for salvage
or reuse. Such special construction includes, but is not limited to:
2.14.1
(l)underground construction where aerial construction would usually be
provided,
submarine cable,
greater quantity or a different type of facilities than that which the Company
would otherwise construct in order to fulfill the customer's initial
requirements for service,
(2)
(3)
a o Exhibit E
Page 16 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l6
(4) routing facilities different from that which the Company would normally
utilize ,(5) expedition of the construction of facilities at greater expense than would
otherwise be incurred
2.15 Other Services Provided bv Comnanv
Company may agree to provide other services or facilities to Customer that are not
regulated telecommunications services, including arranging on Customer's behalf for
telecommunications services, such as local loop services, to be provided by other
common carriers. Any such services are not covered by or subject to this Tariff, but
are subject to other agreements or arrangements between Company and Customer.
SECTION 3 - DESCRIPTION OF SERVICES
3.1 Fiber Optic Broadband Services
Vero Fiber will provide limited facilities-based local exchange service, specifically by
primarily providing essential broadband infrastructure to schools and libraries by
connecting district locations with fiber optic cable that provides reliable, scaleable, and
secure connectivity through the federal E-rate program. Applicant intends to deliver an
aggregation of technologies utilizing fiber optic cable depending on the customer's location
and needs. Applicant will offer leasing of dedicated fiber optic strands to allow schools
and libraries to create their own privately-operated fiber optic network. This type of
dedicated, purpose-built dark fiber networks are physically separate from other customers
and controlled by the end-user. Applicant will also provide private lit fiber network for
schools and libraries wanting assistance with running their networks and associated
equipment.
3.2 Other Services
Other services may be provided by the Company
SECTION 4 - RATESANDCHARGES
4.1 Rates
Vero Fiber typically offers and provides services on an individual case basis ("ICB").
Arrangements are developed on a case-by-case basis in response to a bonafide special
request from a Customer or prospective Customer to develop a competitive bid for
services. ICB rates will be offered to the Customer in writing and on a non-
discriminatory basis.
4.2 Standard and Maximum Rates for Non-ICB Services
Where Vero Fiber facilities are available, and where service is not covered under an ICB
contact under Section 4.1, then the following rates apply:
a I Exhibit E
Page 17 of 17
Idaho Public Utilities Commission. Tariff No. I
Original Page No. l7
Where this Tariff provides for a Standard Rate or Charge for a service, such Standard
Rate or Charge shall apply to Customer's use of such service regardless of the terms
of Customer's Customer Service Agreement, if any, unless the s e rv ic e is provided as
part of an ICB arangement pursuant to Section 4.1, in which case the rate or charge
applicable to Customer's use of such service shall be the rate or chargeagreedtobythe
competitive bid process.
4.3 Taxes and Surcharges
Customer shall pay to Carrier gross receipts, right-of-way, franchise, sales and use
taxes, and other similar charges that are levied upon or assessed against Carrier or
Carrier's property or legally required to be collected by Carrier as a direct result of
Carrier's provision of service to Customer within thirty (30) days of Carrier's written
request therefor, but in no event shall Customer be obligated to pay income taxes levied
upon Carrier's net income.
Transmission Speed Standard Monthly
Recurring Charge
per DSl Mile
Maximum
Monthly Recurring
Charge per DSl
Mile
Installation
Charges
DS3 Point to Point $780 $ 1,040 $2,000
OC3 Point to Point $1947 s2,595 $6,000
OCl2 Point to Point $4,480 $5,973 $20,000
OC12 Hub $3,075 $4, I 00 $20,000
OC48 Hub $6,1 50 $8,200 $50,000
DS3 Tail $37s $s00 $2,000
OC3 Tail $97s $1,300 $6,000
OC12 Tail $2,250 $3,000 $20,000
l00Mb Point to Point $ 1,41 8 $ I ,890 $6,000
l000Mb Point to
Point
$5,468 $7,290 $20,000
tI
A'TTfST.ATIO}-
STATE OF COLORADO
COUNTY OF DOUCLAS
PERSONALLY came and appeared before me. the undersigned party in and for the
jurisdiction aforesaid. the within named Scon Beer w'ho after being duly swom by me stated under
oath as follows: that I am Vice President of Business Development and Chief Legal Officer for
Vero Fiber Networks, LLC; that I executed the foregoing pleading for and on behalf of Vero Fiber
Networks, LLC; that I am authorized to execute and file said pleading: and that the matters and
things set forth in said pleading are true and correct to the best of my knowledge, inlbrmation and
belief.
Scott Eleer
SWORN TO AND SUBSCRIBED before me on this day of '.20t7
A PUBLIC
NOTARY PUBLIC
STATE OF COLORADO
NoTARY r0 f200040rs79
MY Colrulsstoil ExfiRES 032y2020
NICOLE A.IIIOSES
4D