20190207Application.pdf

FosterDanowsky LLP
Jason A. Danowsky
Attorney at Law
904 West Ave. Ste. 107
Austin, Texas 78701
(s12) 708-8700
Fax [phone]
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Writer's Ema{:. '. - 7 l, i c: l: O
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www.fosterdanowskv.com
January 31,2019
VIA FIRST CLASS MAIL
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-007 4
L,J Ar- r- 11- Ot
Application of WANRack, LLC for a Certificate of Public Convenience and
Necessity to provide local and long-distance telecommunications service in Idaho
Dear Secretary Hanian:
WANRack, LLC (the "Applicant") hereby encloses an original (unbound and
unstapled) and seven (7) copies of the PUBLIC version of its Application for a Certificateof Public Convenience and Necessity to provide local and long-distance
telecommunications service in Idaho ("Application"). Also enclosed are an original
(unbound and unstapled) and seven (7) copies of a Request for Trade Secret Treatment.
The enclosed Application includes TRADE SECRET information. Pursuant to Rules 61
and 67 of the Rules of Procedure of the Idaho Public Utilities Commission, the pages
containing the trade secret information are reproduced on yellow paper and have been
separated from the non-trade secret portion of the Application. Each page is marked
''CONFIDENTIAL.''
If you have any questions conceming this matter, please do not hesitate to contact
Jason A.
me.
Enclosures
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Application of WANRack, LLC for
a Certificate of Public Convenience and
Necessity to provide local and long distance
telecommunications service in Idaho
DOCKETNO. LdA.// - r, I?- 0/
APPLICATION FOR CERTIFICATION AI\D REQUEST FOR AUTHORITY
Pursuant to the rules of the Idaho Public Utilities Commission (the "Commission"),
WANRack,LLC ("WANRack" or "Applicant") respectfully applies for a Certificate of Public
Convenience and Necessity to provide facilities-based local exchange and interexchange service
in Idaho pursuant to Idaho Code Sections 61-526-528 and IDAPA 31.01.01.111 (Rules 111 &
112) as clarified by Commission Order No. 26665. In support of this Application, Applicant
submits the following information:
I. PROPOSED SERVICES
Applicant is certificated, registered or otherwise authorized to provide interexchange and
local exchange telecommunications services in the States of Arizona, Arkansas, Colorado, Illinois,
Indiana, Kansas, Missouri, Montana, Nevad4 Oklahoma, Ohio, Texas, Wisconsin, and Wyoming.
Through this Application and Request for Authority, WANRack requests authority to offer
Idaho citizens facilities-based and resold competitive local exchange telecommunications and
interexchange telecommunications services throughout the entire state of Idaho.
II. FORM OF BUSINESS
1. Name, Address, and Form of Business
WANRack,LLC
15700 College Blvd., Suite 200
Lenexa, KS 66219
Telephone: I -855-482 -7225
)
)
)
)
I
The Commission should direct all inquiries and correspondence with respect to this
Application to:
Jason A. Danowsky
Texas BarNo. 24092318
FosterDanowslry, LLP
904 West Ave, Suite 107
Austin, TX 78701
OfiFrce: [phone]
Fax: [phone]
i danowsky@fosterdanowsky. com
Counsel for WANRack, LLC
WANRack,LLC, is a limited liability company organized pursuant to the laws of the State
of Delaware. Applicant is authorized to conduct business in Idaho as a foreign corporation.
Applicant currently has no principal business address within the State of Idaho. Applicant's
registered agent for service of process in Idaho is:
Corporation Service Company
12550 W. ExplorerDrive, Suite 100
Boise ID 83713 USA
A certified copy of Applicant's Articles of Formation and Foreign Corporation
Certification are attached as Exhibit I hereto.
2.If a corporation, the names and addresses of the ten common stockholders of applicant
owning the greatest number of shares of common stock and the number of such shares
owned by each, as follows:
Copies of Applicant's Organizational Chart is being filed as Confidential Exhibit 2 in a
separately sealed envelope marked "Confidential and Proprietary".
2
3. Names and addresses of the offrcers and directors of Applicant:
Rob Oyler, CEO and Director
15700 College Blvd., Suite 200
Lenexa, KS 66219
Telephone: [phone]
Email : rob. [e-mail]
Raghav Nayar, Director
1900 K Street NW, Suite I130
Washington, D.C.20006
Telephone: [phone]
[e-mail]
Michael McKenzie, Director
1900 K Street NW, Suite 1130
Washington, D.C. 20006
Telephone: [phone]
Email : mmckenzie@ graingp.com
4. Names and addresses of organizations holding 5Yo or greater ownership or management
interests in Applicant:
Copies of Applicant's Organizational Chart is being filed as Confidential Exhibit 2 in a
separately sealed envelope marked "Confidential and Proprietary".
5. Names and addresses of subsidiaries owned or controlled by Applicant:
Not applicable.
III. TELECOMMUNICATIONS SERYICE.
1. The date on which applicant proposes to begin construction or anticipates it will begin
to provide service:
Applicant anticipates it will begin construction in March 2019.
2. Description of Customer Classes and Customer Services that Applicant proposes to offer
to the public:
WANRack will own, control, operate, and manage both telephone lines and conduits in
connection with, or to facilitate, communication by telephone for compensation. WANRack will
aJ
offer a full range of communications services, including data, local exchange voice services, and
interexchange/long distance to (i) institutional customers such as public schools, (ii) business
customers, and (iii) to other telecommunications carriers for transit or resale. WANRack provides
most, if not all, of its services pursuant to individual case based contracts.
IV. SERVICE TERRITORY.
1. A description sufficient for determining whether service is to be offered in a particular
location; and the names of all incumbent local exchange corporations with whom the
proposed utility is likely to compete.
Applicant seeks authority to provide local exchange and interexchange services throughout
the State of Idaho. It is possible that Applicant's service offering might compete with such entities
as Qwest Corporation, Frontier Communications, or other ILECs.
2. Written description of the intended manner of service, for example, resold services or
facilities based. A general description of the property owned or controlled by applicant.
Applicant may provide services on either a resold or facilities basis. Applicant neither owns
nor controls property in the State of Idaho at the present time
3. A statement describing with whom the applicant is likely to compete.
Applicant does not know of any direct competitions in Idaho. As explained in the response
to Question IV l, it is possible that some services, such as business telephone lines, will compete
with ILECs.
4. A description of the property owned by the applicant clarifies the applicant's proposed
services and operation.
At present, Applicant neither owns nor controls property in the State of Idaho.
4
V. FINAI\CIAL INFOR]VIATION.
l. Current detailed balance sheets, including a detailed income and profit and loss
statements of applicant reflecting current and prior year balances for the twelve months
ended as of the date of the balance sheet, or if not readily available, for the period since
the close ofthe preceding calendar year.
Copies of Applicant's Financial Statements are being filed as Confidential Exhibit 3 in a
separately sealed envelope marked "Confidential and Proprietary".
VI. "ILLUSTRATIVE" TARIFF FILINGS.
Applicant's initial tariffand price sheets are attached hereto as Exhibit 4.
VII. CUSTOMER CONTACTS
l. Contact lnformation for Applicant:
a) For consumer inquiries and complaints from the public:
Rob Oyler
15700 College Blvd., Suite 200
Lenexa, KS 66219
Telephone : [phone]
Email : rob. oyler@wanrack. com
b) Toll-free number for customer inquiries and complaints:
(800) 7oe-8030
c) For resolving complaints, inquiries and matters concerning rates and price lists or
tarifts:
Rob Oyler
15700 College Blvd., Suite 200
Lenexa, KS 66219
Telephone: [phone]
Email: rob. [e-mail]
5
VIII. INTERCONNECTION AGREEMENTS.
In the State of Idaho, Applicant will seek interconnection negotiations with ILECs and/or
commercial agreements with other carriers on an as-needed basis.
IX. COMPLIAI\ICE WITH COMMISSION RULES.
Attached hereto, as Exhibit 5, is Applicant's written statement affirming that it has reviewed
all of the Commission rules and agrees to comply with them.
X. ESCROW ACCOUNT OR SECURITY BOND.
Applicant does not anticipate requiring advance deposits by its customers at this time.
WHEREFORE, WANRack, LLC, requests that the Idaho Public Utilities Commission
enter an order granting a Certificate of Public Convenience and Necessity authorizing WANRack,
LLC, to provide resold and facilities-based local exchange telecommunications and interexchange
services pursuant to Idaho Code Sections 61-526-528 and IDAPA 31.01.01.1 I l.
Respectfu lly submitted,
Jason A.
Texas Bar N 8
FosterDanowsky, LLP
904 West Ave, Suite 107
Austin, TX 78701
Office: [phone]
Fax: [phone]
i danow'sk), @ fo sterd anow skr-. c o m
6
ATTORNEY FOR WANRaclq LLC
------
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
Application of WANRack, LLC for
a Certificate of Public Convenience and
Necessity to provide local and long distance
telecommunications service in Idaho
DOCKETNO. td All- r- Iq-o I
REQUEST FOR TRADE SECRET TREATMENT
Pursuant to the rules of the Idaho Public Utilities Commission (the 'oCommission"),
WANRack, LLC ("WANRack" or "Applicant") respectfully requests that the Idaho Public
Utilities Commission ("Commission") grant protection from public disclosure and afford trade
secret treatment to the TRADE SECRET version of the Application for a Certificate of Public
Convenience and Necessity to provide local telecommunications service in Idaho ("Application"),
including containing the organizational charts submiued as Confidential Exhibit 2 and the financial
information submitted as Confidential Exhibit 3 to the Application (together, the "Confidential
Information"). Applicant requests that the Commission afford the highest level of protective
treatment to the Confidential Information and asks that the Confidential Information be made
available only to the Commission.
Pursuant to Idaho Public Utilities Commission Rules of Procedure Rule 67, WANRack
requests trade secret treatment of the Confidential lnformation because they contain revenue
information and highly confidential information regarding WANRack's assets, liabilities, and
financial condition and the relation of WANRack to its affiliates. The information provided in the
Confidential Information derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by other persons who can
obtain economic value from its disclosure or use; and is the subject of reasonable efforts to
maintain its secrecy by WANRack.
)
)
)
)
The potential harm to WANRack is substantial, and the need for proprietary protection of
this information outweighs any need for public disclosure at this time. As such, the Confidential
Information should be afforded protection from public inspection. Disclosure of the Confidential
Information would have adverse competitive consequences for WANRack. Absent protection
from disclosure, WANRack's competitors would have access to WANRack's sensitive and private
financial data and proprietary information and the corporate structure of WANRack's affiliates,
which are not publicly traded companies. Because WANRack and its affiliates are operating in a
highly competitive market, public availability of this information would adversely disadvantage
WANRack and its affiliates. Release of this information to the public would cause undue economic
damage and substantially harm the Applicant's ability to compete in the marketplace. Protection
of the information provided in the Confidential lnformation does not affect the public interest and
does not restrict interested parties from participating in the administrative process. Furthermore,
the harm that would result from disclosure of this information far outweighs the public interest in
accessing this information.
All notices and inquiries concerning this request should be directed to:
Jason A. Danowsky
Texas BarNo. 24092318
FosterDanowslry, LLP
904 West Ave, Suite 107
Austin, TX7870l
Office: [phone]
Fax: [phone]
j danowskv@fosterdanowskv. com
WHEREFORE, WANRack, LLC, requests that the Idaho Public Utilities Commission
afford trade secret treatment to the Confidential Information. In the event that this request is
denied, please provide the undersigned with notice of that determination prior to making the
Confidential Information available to the public. The Applicant further requests that the
Commission stay the release of the Confidential Information until such time as an application for
review of the requested determination is resolved. Disclosure of the Confidential Information
without affording the Applicant an opportunity to contest a finding against confidentiality would
prejudice the Applicant and render moot any successful appeal.
Respectfully
ason A.
Texas Bar No.
Foster ,
904 West Ave, Suite 107
Austin, TX7870l
Office: [phone]
Fax: [phone]
com
ATTORNEY FOR WANRack, LLC
Exhibit I
Applicant's Articles of Formation and Foreign Corporation Certification
Delaware
The First State
I, ,TEEEREY W. BWL@K, SE,CRETAR,y OE STATE OE TEE SrAIg OE
DEI,AJIARE N EEREBY CERrIW TEAT TM ATTACEED TS A TRT'E AND
CORREET COPY OE lHE CERTIEIATE OE FOEIATION OE IIIiTANR;ACK, LLC"
EILED TN TETS OFfiCS ON TM TNENiTT-ETGHTH DAY OE NOVEMBER,
A.D. 2077, AT 2:23 O'CLOCK P.M.
Page 1
Authentication: 203646839
Date: 11-29-17
6635548 8100F
sR# 20777265794
You may verify this certificate online at corp.delaware.gov/authver.shtml
Shte of lhhrrn
Seaehr.r of Shh
DhUon of Corpontlonr
Ddlvercd 02120 PII 1l/282017
IILED 02:23 PiI fintn0fi
SR 20177265194 - FlleNumber 6635548
STATE o/DELAWARE
LIMITED LIABILITY CO}IPANY
CERTIFICATE a/ FORMATION
. First: The aame of the lirnited liability courpany is WANRACK, LLC
. S*cond: The address of its registered office in the State af Delaware is
251 LITTLE TALLS DRTVE in the City of ltiILMINGTON
zip Code 1 9808
The name of its Registered agent at such address is CORPORATION SERVICE
COMPANY
. Third:other matters the determine to
In lYitness?sf''-W'hereof, the undersigned have executed this Certificate of Formation this
day of NOVEMBER 2aJJ-.
3By:
Authorized s)
Name: ROB OYLER
Typed or Printed
State of ldaho
CERTIFICATE OF REGISTRATION
OF
WANRAGK, LLG
Filing Number: 3407237
l, LAWERENCE DENNEY, Secretary of State of the State of ldaho, hereby
certify that an application for Foreign Registration Statement, duly executed pursuant
to the provisions of the ldaho Uniform Business Organization Code, has been
received in this office and is found to conform to law.
ACCORDINGLY, by virtue of the authority vested in me by law, I issue this
Certificate of Registration to transact business in this State and attach hereto a
duplicate of the application for such certificate.
Dated: 22 January 2019
Lawerence Denney
Secretary of State
Processed by: Business Division
Office of the Secretary of State
dw,
WANRaclq LLC Idaho TariffNo. I
Original Page No. I
LOCAL AND INTEREXCHANGE SERVICES TARIFF
IDAHO
LOCAL AND INTEREXCHANGE TELECOMMUNICATIONS SERVICES TARIFF OF
WAItiRack, LLC
This tariffcontains the descriptions, regulations, and rates applicable to the provision of local
exchange telecommunications services provided by WANRack, LLC with principal offices at
15700 College Blvd., Suite 200, Lenexa, KS 66219 for services furnished within the State of
Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be
inspected, during normal business hours at the Company's principal place of business.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Page Revision Page Revision
1 Orieinal 22 Original
2 Original 23 Original
J Orieinal 24 Original
4 Orieinal 25 Original
5 Orieinal 26 Original
6 Original 27 Original
7 Original 28 Original
8 Original 29 Original
9 Orieinal 30 Original
10 Original 31 Orieinal
ll Original 32 Orieinal
12 Original JJ Orisinal
13 Orieinal 34 Orieinal
t4 Orieinal 35 Orieinal
15 Orieinal 36 Orieinal
t6 Orieinal 37 Orieinal
t7 Orieinal 38 Orieinal
18 Orieinal 39 Orieinal
t9 Original 40 Orieinal
20 Orieinal 4t Original
2t Original 42 Original
WANRack, LLC
LOCAL AND INTEREXCHANGE SERVICES TARIFF
CHECK SHEET
Idaho TariffNo. I
Original Page No.2
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
Curent sheets in the tariff are as follows:
WAI[Rach LLC Idaho TariffNo. I
Original Page No.3
LOCAL AND TNTEREXCHANGE SERVICES TAzuFF
EXPLANATION OF SYMBOLS
When changes are made in any tariff sheet, a revised sheet will be issued canceling the tariff sheet
affected. Changes will be identified on the revised sheet(s) through the use of the following
symbols:
(C) To signifu changed rate, regulation or condition.
(D) To signifr discontinued rate, regulation or condition.
(I) To signifu increase.
(N) To sigrufy new material, including a listing, rate, regulation, rule or condition.
(R) To signify reduction.
(T) To sigrufy a change in the word of text, but no change in the rate, rule or condition.
(M) Moved from another tariff location.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATE]
WANRack, LLC Idaho TariffNo. I
Original Page No. 4
LOCAL AND INTEREXCHANGE SERVICES TAzuFF
APPLICATION OF TARIFF'
This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing
of intrastate end-user local exchange communications services by WANRack, LLC, hereinafter
referred to as the Company, to Customers within the state of Idaho. The Company's services are
furnished subject to the availability of facilities and subject to the terms and conditions set forth
herein.
This tariff is on file withthe Idaho Public Utilities Commission. In addition, this tariffis available
for review at the main office of WANRack, LLC at 15700 College Blvd., Suite 200, Lenexa, KS
66219.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRack,LLC Idaho TariffNo. I
Original Page No.5
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
SECTION 1 - DEFINITIONS
For the purpose of this tariff, the following definitions will apply:
Access Line - An arrangement from a local exchange telephone company or other corrmon carrier,
using either dedicated or switched access, which connects a Customer's location to Carier's
location or switching center.
Authorization (Access) Code - A numerical code, one or more of which may be assigned to a
Customer, to enable Carrier to identifu the origin of service of the Customer so it may rate and bill
the call. All authorization codes shall be the sole property of Canier and no Customer shall have
any property or other right or interest in the use of any particular authorization code. Automatic
numbering identification (ANI) may be used as or in connection with the authorization code.
Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of
the service of the Customer.
Automatic Numbering ldentification (ANI) - A type of signaling provided by a local exchange
telephone company which automatically identifies the local exchange line from which a call
originates.
Commission - The Idaho Public Utilities Commission.
Common Carrier - An authorized company or entity providing telecommunications services to
the public
Company - WANRack, LLC, the issuer of this tariff.
Customer - The person, frrm or corporation that orders service and is responsible for the payment
of charges and compliance with the terms and conditions of this tariff.
Customer Premises - A location designated by the Customer for the purposes of connecting to
the Company's services.
Customer Terminal Equipment - Terminal equipment provided by the Customer.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenex4 KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAltlRaclq LLC Idaho Tariff No. I
Original Page No.6
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
End Office - The LEC switching system office or serving wire center where Customer station
loops are terminated for purposes of interconnection to each other and/or to trunks.
End-User Premises - A location designated by the Customer for the purposes of connecting to
the Company's services.
Equal Access - A form of dialed access provided by local exchange companies whereby
interexchange calls dialed by the Customer are automatically routed to the Company's network.
Presubscribed Customers may also route interexchange calls to the Company's network by dialing
an access code supplied by the Company.
Exchange Telephone Company or Telephone Company - Denotes any individual, par0rership,
association, joint-stock company, trust, or corporation authorized by the appropriate regulatory
bodies to engage in providing public switched communication service throughout an exchange
area, and between exchange areas within the LATA.
IXC or Interexchange Carrier - A long distance telecommunications services provider.
Interruption - The inability to complete calls due to equipment malfi.rnctions or human errors.
Intemrption shall not include, and no allowance shall be given for service difficulties such as slow
dial tone, circuits busy or other network and/or switching capability shortages. Nor shall
Intemrption include the failure of any service or facilities provided by a common carrier or other
entity other than the Carrier. Any Intemrption allowance provided within this Tariff by Carrier
shall not apply where service is intemrpted by the negligence or willful act of the Customer, or
where the Carrier, pursuant to the terms of this Tariff, terminates service because of non-payment
of bills, unlawful or improper use of the Carrier's facilities or service, or any other reason covered
by this Tariffor by applicable law.
LATA - A Local Access and Transport Area established pursuant to the Modification of Final
Judgment entered by the United States District Court for the District of Columbia in Civil Action
No. 82-01 92; or any other geographic area designated as a LATA in the National Exchange Carrier
Association, Inc. TariffF.C.C. No. 4, or its successor tariff(s).
LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in
the area also served by the Company.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAItlRack, LLC Idaho Tariff No. I
Original Page No. 7
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and
equipment, which continue for the agreed upon duration of the service.
Serving Wire Center - A specified geographic point from which the vertical and horizontal
coordinate is used in calculation of airline mileage.
Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided
local exchange line.
Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the
Customer's local telephone lines are presubscribed by the Company to the Company's outbound
service such that "1 + l0-digit number" calls are automatically routed to the Company's or an
IXC's nefwork. Calls to stations within the Customer's LATA may be placed by dialing "lOXXX"
or "l01XXXX" with I + lO-digit number."
Station - The network control signaling unit and any other equipment provided at the Customer's
premises which enables the Customer to establish communications connections and to effect
communications through such connections.
Subscriber - The person, firm, partnership, corporation, or other entity who orders
telecommunications service from WANRack. Service may be ordered by, or on behalf of, those
who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which
an End User places a call utilizing the services of the Company.
Non-Recurring Charge ((NRC') - The initial charge, usually assessed on a one-time basis, to
initiate and establish service.
Point of Presence ("POP') - Point of Presence
Preferred Customer Discount ("PCD") - A discount added to the monthly invoice and deducted
from the rack rate for grandfathered products and term contract discount
Recurring Charges - Monthly charges to the Customer for services, and equipment, which
continues for the agreed upon duration ofthe service.
Remote Call Forward (6'RCF") - A service whereby calls placed to a telephone number are
automatically forwarded by central office equipment to another number designated by the end
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenex4 KS 66219
WANRaclq LLC Idaho TariffNo. I
Original Page No.8
LOCAL AND INTEREXCHANGE SERVICES TARIFF
user. The Remote Call Forwarding number may be either a different exchange (remote) or another
central office area within the same exchange (local). Additional paths may be provided to handle
multiple calls to the Remote Call Forwarding number as long as there are at least an equal number
of lines at the terminating end. Any toll portions of calls are billed to the Customer.
Senice - Any means of service offered herein or any combination thereof.
Service Order - The written or verbal request for Company services by the Customer and the
Company in the format devised by the Company. A Service Order initiates the respective
obligations of the parties as set fonh therein and pursuant to this tariff.
Switched Access Origination/Termination - Where access between the Customer and the
interexchange carrier is provided on local exchange company Feature Group circuits and the
connection to the Customer is a LED-provided access line. The cost of switched Feature Group
access is billed to the interexchange carrier.
Terminal f,quipment - Any telecommunications equipment other than the transmission or
receiving equipment installed at a Company location.
Usage Charges - Charges for minutes or messages traversing over local exchange facilities.
User or End User - A Customer, Joint {Jser, or any other person authorized by a Customer to use
service provided under this tariff.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRaclq LLC Idaho Tariff No. 1
Original Page No.9
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 2. RULES AND REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
Idaho TariffNo. 1 Section 2 Original Page I
The Company undertakes to furnish communications service pursuant to the terms of this
taritr in connection with one-way and/or two-way information transmission originating
from points within the State of Idaho and terminating within a local calling area as defined
herein.
The Company is responsible under this tariff only for the services and facilities provided
hereunder, and it assumes no responsibility for any service provided by any other entity
that purchases access to the Company network in order to originate or terminate its own
services, or to communicate with its own Customers.
2.1.2 Shortage of Equipment or Facilities
A. 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.
B. The fumishing 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
carriers to furnish service from time to time as required at the sole discretion of the
Company.
2.1.3 Terms and Conditions
Idaho TariffNo. I Section 2 Original Page2
A. Service is provided on the basis of a minimum period of at least thirry (30) days,
24-hours per day. For the purpose of computing charges in this tarifl a month is
considered to have thirty (30) days.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WAltRacb LLC Idaho TariffNo. I
Original Page No. 10
LOCAL AND INTEREXCHANGE SERVICES TARIFF
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 tariff. Customers
will also be required to execute any other documents as may be reasonably
requested by the Company.
C. Except as otherwise stated in the tarifl 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
notice. Any termination shall not relieve the Customer of its obligation to pay any
charges incurred under the service order and this tariff prior to termination. The
rights and obligations which by their nature extend beyond the termination of the
term of the service order shall survive such termination.
D. Service may be terminated upon written notice to the Customer if:
1. the Customer is using the service in violation of this tariff; or
2. the Customer is using the service in violation of the law
E. This tariff shall be interpreted and governed by the laws of the State of Idaho
without regard for its choice of laws provision.
F. Any other Telephone Company may not interfere with the right of any person or
entity to obtain service directly from the Company. No person or entity shall be
required to make any payment, incur any penalty, monetary or otherwise, or
purchase any services in order to have the right to obtain service directly from the
Company.
G. To the extent that either the Company or any other Telephone Company exercises
control over available cable pairs, conduit, duct space, raceways, or other facilities
needed by the other to reach a person or entity, the party exercising such control
shall make them available to the other on terms equivalent to those under which the
Company makes similar facilities under its control available to its Customers. At
the reasonable request of either party, the Company and the Other Telephone
Company shall jointly attempt to obtain from the owner of the property access for
the other party to serve a person or entity.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenex4 KS 66219
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATE]
\ilANRack, LLC Idaho TariffNo. I
Original Page No. 1l
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H. The Company hereby reserves its rights to establish service packages specific to a
particular Customer. These contracts may or may not be associated with volume
and/or term discounts. All service packages established by the Company will be
filed with the Commission prior to the fumishing of service.
2.1.4 Limitations on Liability
Except as otherwise stated in this section, the liability of the Company for damages
arising out of either: (l) the fumishing of its services, including but not limited to
mistakes, omissions, intemrptions, delays, or errors, or other defects,
representations, or use of these services or (2) the failure to furnish its service,
whether caused by acts or omission, shall be limited to the extension of allowances
to the Customer for intemrptions in service as set forth in Section 2.7.
a Except for the extension of allowances to the Customer for intemrptions 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, intemrption, failure to provide any service or any failure in or
breakdown of facilities associated with the service.
a 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.
o The Company shall be indemnified and saved harmless by the Customer from and
against all loss, liability, damage and expense, including reasonable counsel fees,
due to:
Any act or omission ofi (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, except as contracted by the Company;
TSSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
a
WANRack, LLC Idaho TariffNo. I
Original Page No. 12
LOCAL AND INTEREXCHANGE SERVICES TARIFF
ii. 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 diffrculties; 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;
iii. Any unlawful or unauthorized use of the Company's facilities and services;
Libel, slander, invasion of privacy or infringement of patents, trade secrets,
or copyrights arising from or in connection with the material transmitted by
means of Company-provided facilities or services; or by means of the
combination of Company-provided facilities or services;
l. Breach in the privacy or security of communications transmitted over the Company's
facilities;
2. 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
above in Section 2.1.1.A.
3. Defacement of or damage to Customer premises resulting from the
fumishing of services or equipment on such premises or the installation or
removal thereof;
4. 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;
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
IV
WANRack, LLC
ISSUED: [DATE]
o
Idaho TariffNo. I
Original Page No. 13
LOCAL AND INTEREXCHANGE SERVICES TARIFF
5. Any noncompletion of calls due to network busy conditions;
6. Any calls not actually attempted to be completed during any period that
service is unavailable;
7. And any other claim resulting from any act or omission of the Customer or
patron(s) of the Customer relating to the use of the Company's services or
facilities.
The Company does not guarantee nor make any warranty with respect to
installations provided by it for use in an explosive atmosphere.
The Company makes no waranties 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.
Failure by the Company to assert its rights pursuant to one provision of this tariff
does not preclude the Company from asserting its rights under other provisions.
Directory Errors - In the absence of gross negligence or willful misconduct, no
liability for damages arising from errors or mistakes in or omissions of directory
listings, or erors or mistakes in or omissions of listing obtainable from the directory
assistance operator, including errors in the reporting thereof, shall attach to the
Company. An allowance for errors or mistakes in or omissions of published
directory listings or for errors or mistakes in or omissions of listing obtainable from
the directory assistance operator shall be at the monthly tariff rate for each listing,
or in the case of a free or no-charge directory listing, credit shall equal two times
the monthly tariff rate for an additional listing, for the life of the directory or the
charge period during which the error, mistake or omission occur.
With respect to Emergency Number 9l I Service:
l. This service is offered solely as an aid in handling assistance calls in connection
with fire, police and other emergencies. The company is not responsible for any
losses, claims, demands, suits or any liability whatsoever, whether suffered,
made instituted or asserted by the Customer or by any other party or person for
EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
o
a
a
WAIttRack, LLC Idaho TariffNo. I
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LOCAL AND TNTEREXCHANGE SERVICES TARIFF
any personal injury or death ofany 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: (1) mistakes, omissions,
intemrptions, delays, erors or other defects in the provision of service, or (2)
installation, operation, failure to operate, maintenance, removal, presence,
condition, local or use of any equipment and facilities furnishing this service.
2. Neither is the Company 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 the Company, including, but not limited to the identification of the
telephone number, address or name associated with the telephone used by the
parfy orparties accessing emergency 911 service, and which arise out of the
negligence or other wrongful act of the Company, the Customer, its users,
agencies or municipalities, or the employees or agents of any one of them.
3. When a Customer with a nonpublished telephone number, as defined herein,
places a call to the emergency 9l I service, the Company will release the name
and address of the calling party, where such information can be determined, to
the appropriate local governmental authority responsible for emergency 9l I
service upon request of such governmental authority. By subscribing to service
under this tarifl the Customer acknowledges and agrees with the release of
information as described above.
The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibih$ to
adjudicate negligence and consequential damage claims. It is also the court's responsibility
to determine the validity of the exculpatory clause.
2. 1.5 Notifi cation of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting
activities that may occur in normal operation of its business. Such activities may include,
but are not limited to, equipment or facilities additions, removals or rearrangements and
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WAltlRaclq LLC Idaho TariffNo. I
Original Page No. 15
LOCAL AND INTEREXCHANGE SERVICES TARIFF
routine preventative maintenance. Generally, such activities are not specific to an
individual Customer but affect many Customers' services. No specific advance notification
period is applicable to all service activities. The Company will work cooperatively with
the Customer to determine the reasonable notification requirements. With some emergency
or unplanned service-affecting conditions, such as an outage resulting from cable damage,
notification to the Customer may not be possible.
2.1.6 Provision of Equipment and Facilities
A. The Company shall use reasonable efforts to maintain only the facilities and
equipment that it furnishes to the Customer. The Customer may not nor may the
Customer permit others to rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company, except upon the written consent of the Company.
B. The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of
the service provided the Customer.
C. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the equipment is provided.
D. Except as otherwise indicated, Customer provided station equipment at the
Customer's premises for use in connection with this service shall be so constructed,
maintained and operated as to work satisfactorily with the facilities of the
Company.
E. The Company shall not be responsible for the installation, operation, or
maintenance of any Customer provided communications equipment. Where such
equipment is connected to the facilities fumished pursuant to this tariff, the
responsibility of the Company shall be limited to the fumishing of facilities offered
Subject under this tariff and to the maintenance and operation of such facilities. to
this responsibility, the Company shall not be responsible for:
l. the through transmission of signals by Customer provided equipment or for
the quality of, or defects in, such transmission; or
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WANRack,LLC Idaho TariffNo. I
Original Page No. 16
LOCAL AND INTEREXCHANGE SERVICES TARIFF
2. the reception of signals by Customer-provided equipment; or
3. network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.
2.1.7 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed outside
the Company's regular business hours or in hazardous locations. In such cases, charges
based on cost of the actual labor, material, or other costs incurred by or charged to the
Company 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 the Company and to all of the regulations contained in this
tarifl special construction of facilities may be undertaken on a reasonable efforts basis
at the request of the Customer. Special construction is construction undertaken:
1. where facilities are not presently available, and there is no other requirement
for the facilities so constructed;
2. of a type other than that which the Company would normally utilize in the
furnishing of its services;
3. over a route other than that which the Company would normally utilize in the
furnishing of its services;
4. in a quantity greater than that which the Company would normally construct;
5. on an expeditedbasis;
6. on a temporary basis until permanent facilities are available;
7. involving abnormal costs; or
8. in advance of its normal construction.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its
partners, agents, contractors or suppliers.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRaclq LLC Idaho TariffNo. I
Original Page No. 17
LOCAL AND INTEREXCHANGE SERVICES TARIFF
2.2 Prohibited Uses
2.2.1 The services the Company 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 The Company may require applicants for service who intend to use the Company's
offerings 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 the Public Utilities
Commission of ldaho's regulations, policies, orders, and decisions.
2.2.3 T"he Company may block any signals being transmitted over its Network by Customers
which cause interference to the Company or other users. Customer shall be relieved of all
obligations to make payments for charges relating to any blocked Service and shall
indemniff the Company for any claim, judgment or liability resulting from such blockage.
2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the
service or any rights associated with the service without the written consent of the
Company. The Company will permit a Customer to transfer its existing service to another
entity if the existing Customer has paid all charges owed to the Company for regulated
communications services. Such a transfer will be treated as a disconnection of existing
service and installation of new service, and non-recurring installation charges as stated in
this tariffwill apply.
2.3 Obligations of the Customer
2.3.1 General
The Customer shall be responsible for:
F. the payment of all applicable charges pursuant to this tariff;
G. damage to or loss of the Company's facilities or equipment caused by the acts or omissions
of the Customer; or the noncompliance by the Customer, with these regulations; or by fire
or theft or other casualty on the Customer Premises, unless caused by the negligence or
willful misconduct of the employees or agents of the Company;
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenex4 KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRaclq LLC Idaho Tariff No. I
Original Page No. 18
LOCAL AND INTEREXCHANGE SERVICES TARIFF
H. providing at no charge, as specified from time to time by the Company, any needed
equipment, space and power to operate Company 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;
I. obtaining, maintaining, and otherwise having full responsibility for all rights-of- way and
conduit necessary for installation of fiber optic cable and associated equipment used to
provide Communications Services to the Customer from the cable building entrance or
property line to the location of the equipment space described above in Section 2.3.1.C.
Any and all costs associated with the obtaining and maintaining the rights-of-way
described herein, including the costs of altering the structure to permit installation of the
Company provided facilities, shall be bome entirely by, or may be charged by the
Company, to the Customer. The Company may require the Customer to demonstrate its
compliance with this section prior to accepting an order for service.
J. providing a safe place to work and complying with all laws and regulations regarding the
working conditions on the premises at which Company employees and agents shall be
installing or maintaining the Company's facilities and equipment. The Customer may be
required to install and maintain Company facilities and equipment within ahazardous area
if, in the Company's opinion, injury or damage to the Company employees or property
might result from installation or maintenance by the Company. The Customer shall be
responsible for identifuing, monitoring, removing and disposing of any hazardous material
(e.g., friable asbestos) prior to any construction or installation work;
K. complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of- way for
which Customer is responsible under Section 2.3.1.D; and granting or obtaining permission
for Company agents or employees to enter the premises of the Customer at any time for
the purpose of installing, inspecting, maintaining, repairing, or upon termination of service
as stated herein, removing the facilities or equipment of the Company;
L. not creating or allowing to be placed any liens or other encumbrances on the Company's
equipment or facilities; and
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAllRack, LLC Idaho TariffNo. I
Original Page No. 19
LOCAL AND INTEREXCHANGE SERVICES TARIFF
M. making Company facilities and equipment available periodically for maintenance purposes
at a time agreeable to both the Company and the Customer. No allowance will be made for
the period during which service is intemrpted for such purposes.
2.3.2Liability 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, invites, or contractors where
such acts or omissions are not the direct result of the Company's negligence or intentional
misconduct.
B. The included tariff language does not constitute a determination by the Commission that a
limitation of liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibility to
adjudicate negligence and consequential damage claims. It is also the court's responsibility
to determine the validity of the exculpatory clause.
C. To the extent caused by arry negligent or intentional act of the Customer as described in
(A), preceding, the Customer shall indemnift, 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, and (2) any liability incurred by the Company to any third party pursuant to this or
any other tariff of the Company, or otherwise, for any intemrption of, interference to, or
other defect in any service provided by the Company to such third parfy.
D. The Customer shall not assert any claim against any other Customer or user of the
Company's services for damages resulting in whole or in part from or arising in connection
with the furnishing of service under this tariff including but not limited to mistakes,
omissions, intemrptions, delays, errors or other defects or misrepresentations, whether or
not such other Customer or user contributed in any way to the occrrrence 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
tariff 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.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRaclq LLC Idaho TariffNo. 1
Original Page No.20
LOCAL AND INTEREXCHANGE SERVICES TARIFF
2.4 Customer Equipment and Channels
2.4.1 General
A user may transmit or receive information or signals via the facilities of the Company. The
Company's services are designed primarily for the transmission of voice-grade telephonic
signals, except as otherwise stated in this tariff. A user may transmit any form of signal that is
compatible with the Company's equipment, but the Company does not guarantee that its
services will be suitable for purposes other than voice-grade telephonic communication except
as specifically stated in this taritr
2.4.2 Station Equipment
A. Terminal equipment on the user's premises and the electric power consumed by such
equipment shall be provided by and maintained at the expense of the user. The user is
responsible for the provision of wiring or cable to connect its terminal equipment to the
Company MPOP.
B. The Customer is responsible for ensuring that Customer-provided equipment connected to
Company equipment and facilities is compatible with such equipment and facilities. The
magnitude and character of the voltages and currents impressed on Company-provided
equipment and wiring by the connection, operation, or maintenance of such equipment and
wiring shall be such as not to cause damage to the Company-provided equipment and
wiring or injury to the Company's employees or to other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by the Company at
the Customer's expense, subject to prior Customer approval of the equipment expense
2.4.3 lnterconnection of Facilities
A. Any special interface equipment necessary to achieve compatibility between the facilities
and equipment of the Company used for furnishing Communications Services and the
channels, facilities, or equipment of others shall be provided at the Customer's expense.
B. Communications Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the terms and
conditions of the tariffs of the other communications carriers which are applicable to such
connections.
TSSUED: IDATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WANRack,LLC Idaho TariffNo. I
Original Page No.21
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
C. Facilities furnished under this tariff may be connected to Customer provided terminal
equipment in accordance with the provisions of this tariff. All such terminal equipment
shall be registered bythe Federal Communications Commissionpursuantto Part 68 of Title
47, Code of Federal Regulations; and all user-provided wiring shall be installed and
maintained in compliance with those regulations.
2.5 Customer Deposits and Advance Payments
2.5.1 Advance Payments
The Company does not collect advance payments or deposit.
2.5.2 Deposits
The Company does not require deposits from Customers.
2.6 Payment Arrangements
2.6.1 Payment for Seruice
A. General
The Customer is responsible for the payment of all charges for facilities and services
furnished by the Company to the Customer and to all Authorized Users by the Customer,
regardless of whether those services are used by the Customer itself or are resold to or
shared with other persons.
The Customer is responsible for payment of any use, gross receipts, excise, access or other
local, state, federal and 9l I taxes, charges or surcharges (however designated) (excluding
taxes on Company's net income) imposed on or based upon the provision, sale or use of
Network Services.
Customers will only be charged once, on either an interstate or intrastate basis, for any
nonrecurring or usage based charges.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAIrlRack, LLC Idaho TariffNo. I
Original Page No.22
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
B. Taxes, Fees and Surcharges
The Company reserves the right to bill any and all applicable taxes, fees and surcharges in
addition to normal rates and charges for services provided to the Customer, where
permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax, Gross
Receipts Tax, Idaho Telecommunications Service Assistance Program, and Universal
Service. Unless otherwise specified in this tariff, such taxes, fees and surcharges are in
addition to rates as quoted in this tariff and will be itemized separately on Customer
invoices.
2.6.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other
Authorized Users for services and facilities furnished to the Customer by the Company.
A. Nonrecurring charges are due and payable within thirty (30) days after the invoice date,
unless otherwise agreed to in advance.
B. The Company shall present invoices for recurring charges monthly to the Customer, in
advance of the month in which service is provided, and Recurring Charges shall be due
and payable within thifty (30) days after the invoice date. When billing is based on
customer usage, charges will be billed monthly for the preceding billing periods.
C. The Monthly Recurring Charges are billed in advance. Monthly Recurring Charges are
accrued in full as of the first day of the billing cycle in which the service is fumished.
Therefore, the Monthly Recurring Charges are not subject to pro-rating if service is
disconnected prior to the end of a billing period.
D. Billing of the Customer by the Company will begin on the Service Commencement Date,
which is the first day following the date on which the Company notifies the Customer that
the service or facility is available for use, except that the Service Commencement Date
may be postponed by mutual agreement of the parties, or if the service or facility does not
conform to standards set forth in this tariff or the Service Order. Billing accrues through
and includes the day that the service, circuit, arrangement or component is discontinued.
E. The Company may apply a late payment charge to Customers receiving basic or packaged
business services if any portion of the Customer's payment is received by the Company
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRack, LLC Idaho Tariff No. 1
Original Page No.23
LOCAL AND INTEREXCHANGE SERVICES TARIFF
after the payment due date, or if any portion of the payment is received by the "Due Before
Date" in funds which are not immediately available upon presentment. The late payment
charge shall be applied to the portion of the payment not received by the date due,
multiplied by a factor. The late factor shall be l.5Vo per month. A Finance Charge of I .5o/o
shall apply to the outstanding balance of charges, as at the end of the "Due Before Date",
with effect from the second month after the charges are first applied, and every month
thereafter.
Collection procedures are unaffected by the application of the late payment or finance
charge. The late payment charge does not apply to final amounts.
F. The Customer will be assessed a charge of twenty dollars ($25.00) for each check or other
payment type submitted by the Customer to the Company that a bank or other financial
institution refuses to honor.
G. If service is disconnected by the Company in accordance with Section 2.7 following and
later restored, restoration of service will be subject to all applicable installation charges.
2.6.3 Disputed Bills
H. In the event that a billing dispute occurs concerning any charges billed to the Customer by
the Company, the Company may require the Customer to pay the undisputed portion of the
bill to avoid discontinuance of service for non- payment. The Customer must submit a
documented claim for the disputed amount. The Customer will submit all documentation
as may reasonably be required to support the claim. All claims must be submitted to the
Company within a reasonable period of time after receipt of billing for those services and
in accordance with Idaho law. If the Customer does not submit a claim as stated above, the
Customer waives all rights to filing a claim thereafter.
I. Unless disputed the invoice shall be deemed to be correct and payable in full by the
Customer. If the Customer is unable to resolve any dispute with the Company, then the
Customer may file a complaint with the Idaho Public Utilities Commission,4T2 West
Washington, P.O. Box 83720, Boise ID 83720-0074;208-334-0300 or 1-800-432-0369.
J. If the dispute is resolved in favor of the Customer and the Customer has withheld the
disputed amount, no interest, credits or penalties will apply.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRach LLC Idaho Tariff No. I
Original Page No.24
LOCAL AND INTEREXC}IANGE SERVTCES TARIFF
2.7 Discontinuance of Service
2.7.1 Service may be disconnected after seven (7) days written notice for any of the following
reasons:
A. The Customer did not pay undisputed delinquent bills for local exchange services or
paid a delinquent bill for local exchange services with any dishonored check.
B. The Customer failed to abide by the terms of a payment arrangement.
C. The Customer misrepresented the Customer's identity for the purpose of obtaining
telephone service.
D. The Company determines as prescribed by relevant state or other applicable standards
that the Customer is willfully wasting or interfering with service through improper
equipment or otherwise.
E. The Customer is using service(s) for which the Customer did not apply.
2.7.2 At least 24 hours before actual termination, the Company will attempt to contact the
Customer affected to appize the Customer of the proposed termination action and steps to take
to avoid or delay termination. Service will not be terminated in the event that a formal or
informal complaint concerning termination is filed with the Commission.
2.7.3 Service may be disconnected without notice for any of the following reasons:
A. A condition immediately dangerous or hazardous to life, physical safety or property
exists, or it is necessary to prevent a violation offederal, state or local safety or health
codes.
B. The company is ordered to terminate service by any court, the Commission, or any
other duly authorized public authority.
C. In the event of fraudulent use of the Company's network, where the service(s) was
(were) obtained, diverted or used without the authorization or knowledge of the
Company, the Company will discontinue service without notice and/or seek legal
recourse to recover all costs involved in enforcement of this provision.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WANRack,LLC Idaho TariffNo. I
Original Page No.25
LOCAL AND INTEREXCHANGE SERVICES TARIFF
D. The Company has tried diligently to meet the notice requirements but has been
unsuccessful in its attempt to contact the Customer affected.
E. The Customer has misrepresented the Customer's identifr for purposes of obtaining
telephone service and has an outstanding bill exceeding $100.
F. Upon the Customer's insolvency, assignment for the benefit of creditors, filing for
bankruptcy or reorganization, or failing to discharge an involuntary petition within the
time permitted by law.
G. Upon the Company's discontinuance of service to the Customer under Section 2.7.1 or
2.7.2., the Company, in addition to all other remedies that may be available to the
Company at law or in equity or under any other provision of this tariff, may declare all
future monthly and other charges that 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.
2.8 Cancellation of Application for Service
2.8.1 Applications for service cannot be canceled without the Company's agreement. Where
the Company permits a Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for those specified
below.
2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in
installing the service or in preparing to install the service that it otherwise would not have
incurred, a charge equal to the costs incurred by the Company, shall apply, but in no case shall
this charge exceed the sum of the charge for the minimum period of services ordered, including
installation charges, and all charges others levy against the Company that would have been
chargeable to the Customer had service commenced.
2.8.3 Where the Company incurs any expense in connection with special construction, or
where special arrangements of facilities or equipment have begun, before the Company
receives a cancellation notice, a charge equal to the costs incurred by the Company applies. In
such cases, the charge will be based on such elements as the cost of the equipment, facilities,
and material, the cost of installation, engineering, labor, and supervision, general and
administrative expense, other disbursements, depreciation, maintenance, taxes, provision for
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WAIttRack, LLC Idaho TariffNo. I
Originat Page No.26
LOCAL AND TNTEREXCHANGE SERVICES TAzuFF
return on investment, and any other costs associated with the special construction or
arrangements.
2.8.4 The special charges described in 2.8.1 through 2.8.3 will be calculated and applied on a
case-by-case basis.
2.9 Changes in 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.
2.10 Allowances for Interruptions in Service
Intemrptions in service that are not due to the negligence of, or noncompliance with the
provisions of this tariffby, the Customer or the operation or malfunction of the facilities, power
or equipment provided by the Customer, will be credited to the Customer as set forth in 2.6.1
for the part of the service that the intemrption affects.
2.10.1General
A. Service Outage. A credit allowance will be given when service is intemrpted, except as
specified below. A service is intemrpted when it becomes inoperative to the Customer,
e.g., the Customer is unable to transmit or receive, because of a cross-talk, static or other
transmission problem, the Company will respond to a Customer's report of such a "service
outage" in accordance with IDAPA 31.41.01 Rule 503. Customer's bills will be
appropriately and automatically credited pursuant to the terms of Rule 503.
B. Receipt and Recording of Reports. The Company will provide for the receipt of Customer
trouble reports at all hours and make a full and prompt investigation of and response to all
reports. The Company will maintain an accurate record of trouble reports made by its
Customers. This record will include accurate identification of the Customer or service
affected, the time, date and nature of the report, the action taken to clear the trouble or
satisfu the Customer, and the date and time of trouble clearance or other disposition. This
record will be available to the Commission or its authorized representatives upon request
at any time within two (2) years of the date of the record.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAlt[Raclq LLC Idaho TariffNo. 1
Original Page No.27
LOCAL AND INTEREXCHANGE SERVICES TARIFF
C. Repair Commitments. Commitrnents to the Customer for repair service will be set in
accordance with Rule 503. The Company will make every reasonable attempt to fulfi1l
repair commitments to its Customers. Customers will be timely notified of unavoidable
changes. Failure to meet a repair commitment does not relieve the Company of the credited
provisions in Rule 503.01, unless the Customer fails to keep an appointment the Customer
agreed to when the original commitment was made.
D. Restoration of Service. When the Company providing local exchange is informed by a
Customer of a local exchange service outage, the Company will restore service within
forty-eight(48) hours after the report of the outage, except:
1. For outages reported on Thursday, the company must restore service no later than the
following Monday by 6pm.; and
2. For outages reported on Friday, Saturday or Sunday, the company must restore service
no later than the following Tuesday by 6pm.
E. Extenuating Circumstances. Following disruption of telephone service caused by natural
disaster or other causes not within the telephone company's control and affecting large
groups of customers, or in conditions where the personal safety of an employee would be
jeopardized, the telephone company is required to use reasonable judgment and diligence
to restore service, giving due regard for the needs of various customers. When a customer
causes the customer's own service outage or does not make a reasonable effort to arrange
a repair visit within the service restoration deadline, or when the telephone company
determines that the outage is attributable to the customer's own equipment or inside wire,
the telephone company is not required to meet the restoration timelines of Rule 502.01.
Following disruption of local exchange service caused by natural disaster or other causes
not within the Company's control and affecting large groups of Customers, or in conditions
where the personal safety on an employee would be jeopardized, the Company is not
required to provide the credit referred to in Subsection 503.01 as long as it uses reasonable
judgment and diligence to restore service, giving due regard for the needs of various
Customers and the requirements of the telecommunications service priority (TSP)
progftlm. When a Customer causes the Customer's own service outage or does not make a
reasonable effort to arrange a repair visit within the service restoration deadline, or when
the Company determines that the outage is attributable to the Customer's own equipment
or inside wire, the Company is not required to provide to that Customer the credit referred
to in Subsection 503.01.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRack, LLC Idaho Tariff No. I
Original Page No.28
LOCAL AND INTEREXCHANGE SERVICES TARIFF
F. Compliance Standard. Each month at least ninety percent (90%) of out-of-service trouble
reports will be cleared in accordance with Subsection 503.01 and 503.02. The Company
will keep a monthly service record as described in Subsection 502.01 and will notify the
Commission whenever the record indicates the ninety percent (90%) level has not been
met for a period of three (3) consecutive months.
2.L l Cancellation of Service/Termination Liability
If a Customer cancels a Service Order or terminates services before the completion of the term
for any reason whatsoever other than a service intemrption (as defined in Section 2.10.1
above), the Customer agrees to pay to the Company termination liability charges, as defined
below. These charges shall become due as of the effective date of the cancellation or
termination and be payable within the period, set forth in Section 2.6.2.
2.ll.l Termination Liability
The Customer's termination liability for cancellation of service shall be equal to:
A. all unpaid Non-Recurring charges reasonably expended by the Company to establish
service to the Customer; plus
B. any disconnection, early cancellation or termination charges reasonably incurred and paid
to third parties by the Company on behalf of the Customer; plus
C. minus a reasonable allowance for costs avoided by the Company as a direct result of the
Customer's cancellation.
2.12 Cancellation of Service by Customer
Customers may cancel service verbally or in writing. The company shall hold the Customer
responsible for payment of all charges, including fixed fees, surcharges, etc., which accrue up
to the cancellation date. Customers that cancel the primary local exchange line will have the
entire Account disconnected, including any secondary line and all associated features. In the
event the Customer executes a term commitment agreement with the Company, the Customer
must cancel service and terminate the agreement in accordance with the agreement terms.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRacIG LLC Idaho TariffNo. 1
Original Page No.29
LOCAL AND TNTEREXCHANGE SERVICES TARIFF
2.13 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection
with the services and facilities provided by the Company without the written consent of the
other party, except that the Company may assign its rights and duties:
A. to any subsidiary, parent company or affiliate of the Company; or
B. pursuant to any sale or transfer of substantially all the assets of the Company; or
C. pursuant to any financing, merger or reorganization of the Company.
2.14 Customer Liability for Unauthorized Use of the Network
Unauthorized use of the network occurs when a person or entity that does not have actual,
apparent, or implied authority to use the network, obtains the Company's services provided
under this tariff.
A. The Customer is liable for the unauthorized use of the network obtained through the
fraudulent use of a Company calling card, if such a card is of[ered by the Company, or
an accepted credit card, provided that the unauthorized use occurs before the Company
has been notified.
B. A Company calling card is a telephone calling card issued by the Company at the
Customer's request, which enables the Customer or user(s) authorized by the Customer
to place calls over the Network and to have the charges for such calls billed to the
Customer's account.
An accepted credit card is any credit card that a cardholder has requested or applied for
and received, or has signed, used, or authorized another person to use to obtain credit.
Any credit card issued as a renewal or substitute in accordance with this paragraph is
an accepted credit card when received by the cardholder.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
2.14.1Customer Liability for Fraud and Unauthorized Use of Company calling card.
WANRack, LLC Idaho TariffNo. 1
Original Page No.30
LOCAL AND INTEREXCHANGE SERVICES TARIFF
C. The Customer must give the Company written or oral notice that an unauthorized use
of a Company calling card or an accepted credit card has occurred or may occur as a
result of loss, and/or theft.
D. The Customer is responsible for payment of all charges for calling card services
fumished to the Customer or to users authorized by the Customer to use service
provided under this tarifl unless due to the negligence of the Company. This
responsibility is not changed due to any use, misuse, or abuse ofthe Customer's service
or Customer-provided equipment by third parties, the Customer's employees, or the
public.
The liability of the Customer for unauthorized use of the Network by credit card fraud
will not exceed the lesser of fifty dollars ($50.00) or the amount of money, property,
labor, or services obtained by the unauthorized user before notification to the Company.
2.15 Use of Customer's Service by Others
2.15.1 Joint Use Arrangements
Joint use arrangements will be permitted for all services provided under this tariff. From each
joint use arrangement, one member will be designated as the Customer responsible for the
manner in whichthe joint use ofthe service will be allocated. The Company will accept orders
to start, reilrange, relocate, or discontinue service only from the 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.
2.16 Notices and Communications
2.16.2 The Customer shall designate on the service order an address to which the Company
shall mail or deliver all notices and other communications, except that Customer may also
designate a separate address to which the Company's bills for service shall be mailed.
2.16.3 The Company shall designate on the service order an address to which the Customer
shall mail or deliver all notices and other communications, except that Company may designate
a separate address on each bill for service to which the Customer shall mail payment on that
bill.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WANRacli, LLC Idaho TariffNo. I
Original Page No.31
LOCAL AND INTEREXCHANGE SERVICES TARIFF
2.16.4 Except as otherwise stated in this tariff, all notices or other communications required
to be given pursuant to this tariff will be in writing. Notices and other communications of either
party, and all bills mailed by the Company, shall be presumed to have been delivered to the
other party on the third business day following placement of the notice, communication or bill
with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when
actually received or refused by the addressee, whichever occurs first.
2.16.5 The Company or the Customer shall advise the other party of any changes to the
addresses designated for notices, other communications or billing, by following the procedures
for giving notice set forth herein.
2.17 Universal Emergency Telephone Number Service (911)
Universal Emergency Telephone Number Service (911 Service) is an arrangement of Company
central office and trunking facilities whereby any telephone user who dials the numbers 911 will
reach the emergency report center for the telephone from which the number is dialed or will be
routed to an operator if all lines to an emergency report center are busy. If no emergency report
center Customer exists for a central office entity, a telephone user who dials the number 911 will
be routed to an operator. No call-specific charges apply to 911 calls.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRack, LLC Idaho Tariff No. 1
Original Page No.32
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 3 - SERVICE AREAS
3.1 Exchange Service Areas
Local exchange services are provided, subject to availability of facilities and equipment,
throughout the State of ldaho.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAlt[Racb LLC Idaho TariffNo. I
Original Page No.33
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 4. SERVICE CHARGES AND SURCHARGES
4.1 Seruice Order and Change Charges
Non-recurring charges apply to processing Service Orders for new service, for changes in
service.
4.1.1 Service Order Charges
Primary Line Connection Charge - applies to requests for initial connection or
establishment of telephone service to the Company.
Secondary Line Connection Charge - applies to the second or additional line of a new
access line installation and connection and customer requests for an inside move, change
or addition to regular service. This charge applies only when the second or additional line
is ordered simultaneously with the initial connection for service.
Service Order Charge - applies to connection of new lines and to service orders associated
with Customer requests for changes in service, moves and the addition of services,
including calling features.
4.1.2 Rates
Charge lrrice
Feature Add or Change lSto.oo per order
Basic Service Change lSto.oo per order
Establishing or Re-arranging Hunting l$tO.OO per Order
Directory Listing Change lSto.oo per order
Invoice Change lszs.oo per order
Transfer of Service lszs.oo per order
Telephone Number Change lszs.oo per order
Line Signaling Change l$zs.oo per order
Vanity Number Search lSzs.oo per order
Establishing Dual Service lszs.oo per order
Expedite Service Charge (LWCruNE)ISSO.OO per Order
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAIt[Rack, LLC Idaho TariffNo. I
Original Page No.34
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Expedite Service Charge (Facilities) ISZOO.OO per Day per Line
Expedite Service Charge (Tl Circuits)l$SqS.OO per Day per Circuit
4.2 Restoral Charge
A restoration charge applies to the restoration of suspended service and facilities because of
nonpayment of bills and is payable at the time that the restoration of the suspended service and
facilities is arranged. The restoration charge does not apply when, after disconnection of
service, service is later re-installed.
Restoration after temporary denial, but prior to
completion of order to discontinue service
Business
$10.00
4.3 Premise Visit Charge
Premises Visit charges apply when the installation of network access facilities or trouble
resolution require a visit to the Customer's premises. This charge applies in addition to the
Technician Dispatch Charge.
4.4 Carrier Presubscription
4.4.1 General
Carrier Presubscription is a procedure whereby a Customer designates to the Company the
carrier which the Customer wishes to be the carrier of choice for intraLATA and
interLATA toll calls. Such calls are automatically directed to the designated carrier,
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenex4 KS 66219
Business
Time and Materials $30.00
After-hours Time and Materials $100.00
Installation Charges - lst Hour $130.00
Repair Charge - lst ll2Hortr $16s.00
Repair Charse -Each Add'l 1/2 Hour $30.00
Trip Charee $100.00
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WANRack, LLC Idaho Tariff No. 1
Original Page No. 35
LOCAL AND INTEREXCHANGE SERVICES TARIFF
without the need to use carrier access codes or additional dialing to direct the call to the
designated carier. Presubscription does not prevent a Customer who has presubscribed to
an IntraLATA or InterLATA toll carrier from using carrier access codes or additional
dialing to direct calls to an altemative long distance carrier on a per call basis.
4.4.2 Presubscription Options - Customers may select the same carrier or separate
carriers for intraLATA and interLATA long distance. The following options for long
distance Presubscription are available:
Option A: Customer select the Company as the presubscribed carrier for IntraLATA
and InterLATA toll calls subject to presubscription.
Option B: Customer may select the Company as the presubscribed carrier for
IntraLATA calls subject to presubscription and some other carrier as the presubscribed
carrier for interLATA toll calls subject to presubscription.
Option C: Customer may select a carrier other than the Company for intraLATA toll
calls subject to presubscription and the Company for interLATA toll calls subject to
presubscription.
Option D: Customer may select the carrier other than the Company for both intraLATA
and interLATA toll calls subject to presubscription
Option E: Customer may select two different carriers, neither being the Company for
intraLATA and interLATA toll calls. One carrier to be the Customers' primary
intraLATA interexchange carrier. The other carrier to be the Customer's primary
interLATA interexchange carrier.
Option F: Customer may select a carrier other than the Company for no presubscribed
carrier for intraLATA toll calls subject to presubscription which will require the
Customer to dial a carrier access code to route all intraLATA toll calls to the carrier of
choice for each call.
4.4.3 Rules and Regulafions
Customers of record will retain their primary interexchange carrier(s) until they request
that their dialing arrangements be changed.
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATE]
WANRach LLC Idaho TariffNo. I
Original Page No.36
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Customers of record or new Customers may select either Options A, B, C, D, E or F for
intraLATA Presubscription.
Customers may change their selected Option and/or presubscribed toll carrier at any time
subject to charges specified in 4.5.5 below:
4.4.4 Presubscription Procedures
A new Customer will be asked to select intraLATA and interLATA toll carriers at the time
the Customer places an order to establish local exchange service with the Company. The
Company will process the Customer's order for service. All new Customers'initial requests
for intraLATA toll service presubscription shall be provided free of charge.
If a new Customer is unable to make selection at the time the new Customer places an order
to establish local exchange service, the Company will read a random listing of all available
intraLATA and interLATA carriers to aid the Customer in selection. If selection is still not
possible, the Company will inform the Customer that he/she will be given 90 calendar days
in which to inform the Company of his/her choice for primary toll carrier(s) free of charge.
Until the Customer informs the Company of his/trer choice of primary toll carrier, the
Customer will not have access to long distance services on a presubscribed basis, but rather
will be required to dial a carrier access code to route all toll calls to the carrier(s) of choice.
Customers who inform the Company of a choice for toll carrier presubscription within the
90-day period will not be assessed a service charge for the initial Customer request.
Customers of record may initiate a intraLATA or interLATA presubscription change at
any time, subject to the charges specified in 4.5.5 below. If a Customer of record inquires
of the Company of the carriers available for toll presubscription, the Company will read a
random listing of all available intraLATA carriers to aid the Customer in selection.
4.4.5 Presubscription Charges
A. Application of Charges
After a Customer's initial selection for a presubscribed toll carrier and as detailed in
above, for any change thereafter, an Presubscription Change Charge, as set for the
below will apply. Customers who request a change in intraLATA and interLATA
carriers with the same order will be assessed a single charge per line.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
WAlrtRaclq LLC
B. Nonrecurring Charges
Per business line $10.00
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Idaho TariffNo. I
Original Page No.37
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAItlRack, LLC Idaho Tariff No. I
Originat Page No.38
LOCAL AND INTEREXCHANGE SERVICES TARIFF
SECTION 5 - LOCAL EXCHANGE SERVICE
5.1 General
5.1.1 Calt Timing for Usage Sensitive Seryices
Idaho TariffNo. 1 Section 5 Original Page I
Where charges for a service are specified based on the duration of use, such as the duration of
a telephone call, the following rules apply:
5.1.1 Calls are measured in durational increments identified for each service. All calls
which are fractions of a measurement increment are rounded-up to the next whole unit.
5.1.2 Timing on completed calls begins when the call is answered by the called party.
Answering is determined by hardware answer supervision in all cases where this signaling
is provided by the terminating local carrier and any intermediate carrier(s).
5.1.3 Timing terminates on all calls when the calling party hangs up or the Company's
network receives an off-hook signal from the terminating carrier.
5.1.4 Calls originating in one time period and terminating in another will be billed in
proportion to the rates in effect during different segments of the call.
5.1.5 All times refer to local time.
5.1.2 Calculation of Distance
The Company does not offer services rated by distance.
5.1.3 Time of Day
The Company does not offer services rated by time of day
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: IDATE]
Issued by:
EFFECTIVE: [DATE]
WANRack" LLC
5.2 WANRack Products
Idaho TariffNo. I
Original Page No.39
Monthly
Rate
$32.00
s3.95
$3.es
$4.6s
$3.9s
$e.00
$4.4s
$3.9s
$4.9s
$3.9s
$4.05
LOCAL AND INTEREXCHANGE SERVICES TARIFF
5.2.1 Business Exchange Access Line Service
Each Line
5.2.2 Optional Features
Monthly Per Access Line
Anonymous Call Rejection
Call Forwarding
Call Return
Call Waiting
Caller ID
Repeat Dialing
Speed Calling (8-Code)
Speed Calling (30-Code)
Three-Way Calling
Toll Restriction
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAltRaclq LLC
5.2.3 Directory Listings
LOCAL AND INTEREXCHANGE SERVICES TARIFF
Nonrecurring
Charge
Idaho TariffNo. I
Original Page No.40
Monthly
Rate
$0.00
s1.60
$3.1 s
$1.60
Per Call
$0.40
$3.9s
$2.0s
$4.40
First Listing
Each Additional Listing
Non-Published Number, per Line
Non-Listed Number, per Line
Change in Directory Listing $18.00
5.2.4 Directory Assistance
Directory Assistance, Each Call
Directory Assistance Call Completion, Each Call
5.2.5 Directory Assistance
Operator Service Charges Per call
- Operator Station
- Person-to-Person
Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
ISSUED: [DATE]
Issued by:
EFFECTIVE: [DATE]
WAlttRaclG LLC Idaho TariffNo. I
Original Page No.41
LOCAL AND INTEREXCHANGE SERVICES TAzuFF
5.2.5 Busy Line Verification and Interrupt Seruice
Busy Line Verification, each request $0.95
Busy Line Intemrpt, each request $1.40
NOTE: A Busy Line Verification charge also applies for each Busy Line Intemrption
5.2.6 Direct Inward Diat @ID) Service
Nonrecurring MonthlyCharge Rate
DID Trunk Termination $45.00 $23.40
Per Block of 20 DID Numbers, each $432.00 $3.05
NOTE: The nonrecuning charge applies to the first group of DID numbers assigned to a
customer per occasion.
5.2.7 Individual Case Basis (ICB) Arrangements
Arrangements will be developed on a case-by-case basis in response to a bona fide request
from a Customer or prospective Customer to develop a competitive bid for a Service. Rates
quoted in response to such competitive requests may be different than those specified for
such Services in this Tariff. ICB rates will be offered to the Customer in writing and on a
non-discriminatory basis.
ISSUED: [DATE]EFFECTIVE: [DATE]
Issued by:Rob Oyler, CEO
15700 College Blvd.
Suite 200
Lenexa, KS 66219
AT'FIDAVIT
STATE OF KANSAS
COLINTY OF JOHNSON COUNTY
l. My name is Rob Oyler; I am CEO of Respondent WANRack, LLC
2. I swear or affrrm that I have read the foregoing Application and know the contents
thereof and that the same are true of my information and belief.
3. WANRack,LLC has also reviewed all of the Commission's Rules and agrees to
comply with them.
Rob Oyler
$
$
$
(->
''.f-=
SWORN TO AND SUBSCRIBED before me on th"S I
N
My commission expires I LT
of5on,l.ny,2019
For the State of Kansas
d*N(rlar
ERR I.YN