20050922Application.pdf

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EIVED rl:3
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
iL- D
ZGmj SEP22 At'; 9~23
In Re The Application of
360networks (USA) inc.
For a Certificate of Public Convenience and)
Necessity to Provide Competitive Local
Exchange Services in the State of Idaho
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Docket No. WN ~l-o5 -
APPLICATION FOR CERTIFICATION
360networks (USA) inc.
, ("
Applicant"), pursuant to Idaho Code ~~ 61-526
through -528 and IDAP A 31.01.01.111 and Public Utilities Commission of Idaho
Commission ) Procedural Order 26665 in Docket No. GNR - T -96-, hereby applies to the
Commission for a Certificate of Public Convenience and Necessity. Applicant seeks intrastate
operating authority to provide facilities-based competitive local exchange telecommunications
services to commercial subscribers, and exchange access services to interconnecting carriers in
Idaho.In support of its Application, and pursuant to the Commission s Application for
Certification requirements, Applicant states as follows.
PROPOSED SERVICES
Applicant proposes to provide competitive local exchange carrier services including, but
not limited to, basic local exchange services, primarily to commercial subscribers in Qwest
Communications and Verizon (f/k/a GTE Northwest) exchanges. Applicant further proposes to
provide exchange access services to interconnecting carriers. Applicant does not propose to
offer alternative operator services to the transient public. Operator assisted calls are available
through other carriers.
Applicant's services will be available to subscribers twenty-four hours per day, seven
days per week, at rates, terms and conditions established by Applicant and reflected in
Applicant's illustrative price list, attached hereto at Exhibit E Applicant assumes full
responsibility for marketing and sales, billing and customer service functions. Services will be
offered and provided in accordance with applicable Idaho laws and all Commission rules and
regulations.
Applicant currently maintains its own dedicated facilities in the State of Idaho. Such
facilities are used exclusively for wholesale carriers who lease Applicant's network. Applicant
will utilize its facilities to provide retail services at such time that the instant Application is
granted. Applicant's network may be supplemented through resale of incumbent carrier services
and/or leasing portions of its network. Applicant is not currently providing any local exchange
services within the State of Idaho.
Applicant will market its services through in-house marketing professionals.
Applicant has been granted authority to provide interexchange telecommunications
services in thirty six (34) states, including Idaho.Applicant further has authority to provide
competitive local exchange services in the thirty three (33) states. In no instance has Applicant
been denied authority nor has any application been rejected.
II.FORM OF BUSINESS
Name, address and Form of Business
1(c)(1).Statement of the Character of Public Service in Which it May Engage.
Applicant proposes to provide competitive local exchange carrier services including, but
not limited to, basic local exchange service primarily to commercial subscribers. Applicant will
further offer exchange access services to interconnecting carriers.
1 Registered as an interexchange carrier August 17 2000.
2 Applicant is a corporation. Items l(a), Sole Proprietor, and l(b), Partnerships, do not apply.
(c)(2).The Name of the State in Which Applicant is Incorporated.
Applicant is a privately-held corporation organized under the laws of the State of Nevada
on June 12, 1998.
l( c)(3).Applicant's Principal Business Address and its Principal Business
Address within Idaho.
Applicant's principal business address is:
360networks (USA) inc.
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone: [phone]
Facsimile: 303-854-5100
Applicant does not anticipate maintaining offices in the State of Idaho.
(c)(4).Certified Copy of Applicant's Articles of Incorporation.
A copy of Applicant's Articles of Incorporation are attached hereto at Exhibit A.
1(c)(5).A certificate of Good Standing Issued by the Secretary of State of
Idaho.
Applicant has been authorized by the Secretary of State of the State of Idaho to transact
business in the State of Idaho as a foreign (not incorporated in Idaho) corporation. Evidence
Applicant's good standing to transact business within the State of Idaho issued by the Secretary
of State of the State of Idaho is attached hereto as Exhibit B.
l( c)(6).Name and Address of Registered Agent for Service in Idaho.
Applicant's registered agent in the State of Idaho is:
CT Corporation System
300 N. 6th Street
Boise, ID 83702
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.
Owner Shares Percentage of Ownership
360networks holdings (USA) inc.203 100%
Applicant is wholly owned by 360networks holdings (USA) inc., which is wholly owed
by 360networks Corporation.
N ames and Addresses of the Officers and Directors of Applicant.
The names and addresses of Applicant's officers and directors are:
DIRECTORS:
Mr. Rob Frasene, Sr. President
OFFICERS:
Mr. Rob Frasene, Sr. President
Mr. Chris Mueller, Sr. Chief Financial Officer, Treasurer
Mr. Patrick Summers, VP Legal, General Counsel, Secretary
Ms. Liza Dennehy, VP Operations
Mr. Cliff Beeker, VP Carrier Sales
Brief biographies of Applicant's officers , directors and key technical management
personnel are attached hereto as Exhibit C
Name and Address of Any Corporation, Association, or Similar Organization
Holding a 50/0 or Greater Ownership or a Management Interest in the Applicant. As
to Ownership, the Amount and Character of the Interest Must be Indicated. A copy
of any Management Agreement Must be Attached.
Applicant is a wholly owned subsidiary of 360networks holdings (USA) inc.
management agreement exists between Applicant and its parent corporation.
Names and Addresses of Subsidiaries Owned or Controlled by Applicant.
Names and Addresses of Subsidiaries Owned or Controlled by Applicant.
Applicant maintains two subsidiaries: 1) 360networks (USA) of Virginia Inc.; and 2)
360networks LLC. All subsidiaries are located at Applicant's headquarters address , 867 Coal
Creek Circle, Suite 160, Louisville, CO 80027.
III.TELECOMMUNICATIONS SERVICES
The Date on Which Applicant Proposes to Begin Construction or Anticipates it Will
Begin to Provide Service.
Applicant currently maintains facilities in Idaho that are part of its northern
network and used exclusively for wholesale purposes.Applicant anticipates to initiate
construction of facilities within 12 months of a grant of a Certificate of Public Convenience and
Necessity to provide local exchange services, primarily through interconnection with Qwest's
network. Applicant anticipates that it will begin to provide service within 18 months of the date
on which its local exchange Certificate of Public Convenience and Necessity is granted.
Written Description of Customer Classes and Customer Service(s) that the
Applicant Proposes to Offer to the Public.
Applicant proposes to provide service primarily to commercial subscribers. Applicant
intends to offer basic local exchange competitive local exchange services and exchange access
and transport services to interconnecting carriers.
IV.SERVICE TERRITORY
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 initially proposes to offer its services in the service areas currently
served by Qwest Communications and Verizon and will be competing with these Incumbent
Local Exchange Carriers.
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 currently maintains high-speed broadband facilities used for wholesale
purposes in Idaho, which will also be used for transport of retail services. Applicant anticipates
additional deploying high speed broadband facilities augmented by leased facilities, as
necessary. Applicant may also deploy switching equipment in Idaho as market conditions may
dictate.
A Statement Describing with Whom the Applicant is Likely to Compete.
Applicant may in the future compete with all incumbent local exchange carriers (ILECs)
within the State of Idaho including, ATC Communications, Cambridge Telephone Company,
CenturyTel of Idaho, Inc., Frontier Communications of Idaho, Direct Communications
Rockland, Inc., Fremont Telcom, Inc., Inland Telephone Company, Midvale Telephone
Exchange, Inc., Oregon-Idaho Utilities, Inc., Pine Telephone System, Inc., Potlatch Telephone
Company, Rural Telephone Company, Silver Star Communications and Teton Telecom.
Applicant plans to compete against other competitive local exchange carriers whose identity is a
matter of record with the Commission.
A Description of the Property Owned by the Applicant Clarifies the Applicant'
Proposed Services and Operation.
Applicant currently owns transport facilities, as noted supra..
FINAN CIAL INFO RMA TI 0 N
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 of the Preceding Calendar Year.
Applicant remains profitable as demonstrated by the audited Consolidated Financial
Statements of its parent corporation, 360networks Corporation, attached hereto as Exhibit D
The attached documents demonstrate that Applicant is adequately capitalized to provide reliable
long-term service to subscribers in the State of Idaho. Applicant is fully funded and requires no
additional external capitalization to initiate and sustain its operations.
If a balance sheet and income statement are not available, the applicant must submit
fmancial data sufficient to establish that it possesses adequate financial resources to
provide the proposed services.
Not Applicable.
VI.ILLUSTRATIVE" PRICE LIST FILINGS
Applicant's proposed "Illustrative" price list and price sheets setting forth rates, rules
terms, and regulations applicable to the contemplated service is attached hereto at Exhibit E
VII.CUSTOMER CONTACTS
Contact Information for the Applicant.
The Name, Address, and Telephone Number and Electronic Mailing
Addresses (if available) of the Person(s) Responsible for Consumer
Inquiries and Complaints from the Public.
The individual maintaining overall responsible for consumer inquiries complaints from
the public, and quality of service is:
Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Telephone [phone]
Facsimile: 303-854-5100
Electronic Mail: psumlners~~360.net
A Toll-free number for Customer Inquiries and Complaints.
Applicant's toll free number for customer inquiries and complaints is 877.993.4237.
The Name, Number and Electronic Mailing Addresses (if available) of
the Person(s) Designated as a Contact for the Commission Staff for
Resolving Complaints, Inquiries and Matters Concerning Rates and
Price Lists or Price lists.
The name, number and electronic mailing addresses of the person( s) designated as a
contact for the Commission Staff for resolving complaints, inquiries and matters concerning
rates and price lists or price lists is:
Charles Forst
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Telephone [phone]
Facsimile: 303.854.5100
Electronic Mail: Charles.Forst~360.net
VIII. INTERCONNECTION AGREEMENTS
Statements of Whether the Applicant Has Initiated Interconnection
Negotiations and, if so, When and With Whom.
Applicant has not yet completed an interconnection agreement with an underlying carrier
nor completed its switching or leased facilities implementation plans for Idaho. Upon approval
of this application, Applicant currently plans to enter interconnection agreement negotiations
with Qwest, Verizon, and may initiate negotiations with other underlying local exchange
carrIers.
IX.COMPLIANCE WITH COMMISSION RULES
A Written Statement that the Applicant has Reviewed all of the Commission Rules and
Agrees to Comply With Them, or a Request for Waiver of Those Rules Believed to be
Inapplicable.
Applicant, and its designated personnel, have reviewed applicable rules and regulations
of the Commission and aver commitment to abide by the terms and conditions thereof.
ESCROW ACCOUNT OR SECURITY BOND
If a Company Requires Advance Deposits by Its Customers, the Company
Must Submit a Signed Copy of an Escrow Account with a Bonded Escrow
Agent or a Security Bond. The Escrow or Bond Shall be Sufficient to Meet
Customer Deposit Refunds in Case of Company Default.
At the Commission s Discretion, an Additional Deposit May be Required to
Keep Customers Whole in Case of Company Default.
The Commission will Review the Individual Requirement of Establishing an
Escrow or Security Account by the Company Upon Good Showing by the
Company for a Period of Two Years.
Applicant will not collect advanced deposits from its retail customers.
XI.CONCLUSION
WHEREFORE, based upon the foregoing, 360networks (USA) inc., respectfully requests
that the Public Utilities Commission of the State of Idaho approve and grant a Certificate of
Public Convenience and Necessity to provide local exchange and exchange access service in the
State of Idaho.
Sty!,Respectfully submitted this~ day of \ugust, 2005.
Patrick Summers
Vice President and General Counsel
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone: [phone]
Miller Isar, Inc.
7901 Skansie Avenue, Suite 240
Gig Harbor, Washington 98335
Telephone:
Facsimile:
[phone]
[phone]
Regulatory Consultants for Applicant
AFFIDAVIT OF APPLICANT
State of Colorado
) ss.
County of Boulder
Patrick Summer, being first duly sworn, do hereby depose, state that I am Vice
President and General Counsel of 360networks (USA) inc. and am authorized to make this
verification on behalf of 360networks (USA) inc., an Applicant for Certificate of Public
Convenience and Necessity to provide competitive local exchange services in the State of Idaho.
Under the penalties of perjury, I hereby aver that I have read the foregoing Application
and know the contents thereof, and as to those matters that are therein stated on information or
belief, I believe them to be true.
I aver further, that 360networks (USA) inc. will comply with all applicable statutes
administrative rules and orders of the Public Utilities Commission of the State of Idaho.
Patrick Summers
Vice President and General Counsel
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone: [phone]
Subscribed and sworn to before me this fll,~daY of~:!t, 2005,
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BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
In Re The Application of
360networks (USA) inc.
F or a Certificate of Public Convenience and)
Necessity to Provide Competitive Local
Exchange Services in the State of Idaho
Docket No. ivFA)-f -05" -o
EXHIBITS
Exhibit Item
ARTICLES OF INCORPORATION
AUTHORITY TO TRANSACT
BUSINESS IN IDAHO AND
CERTIFICATE OF GOOD
STANDING
EXECUTIVE PROFILES
FINANCIAL STATEMENTS
ILLUSTRATIVE PRICE LIST
EXHIBIT A
ARTICLES OF INCORPORATION
(Attached)
360networks (USA) inc.
Certificate of Existence
(Including Amendments)
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CERTIFICATE OF EXISTENCE
(INCLUDING AMENDMENTS)
, '
, DEAN HELLER, the duly elected and qualified Nevada Secretary of State, do hereby
certify that I am, by the laws of said State, the custodian of the records relating to filings
by corporations, non-profit corporations, corporation soles, limited-liability companies
limited partnerships, limited-liability partnerships and business trusts pursuant to Title 7
of the Nevada Revised Statutes which are either presently in a status of good standing
or were in good standing for a time period subsequent of 1976 and am the proper
officer to execute this certificate.
, .
I FURTHER CERTIFY , that the following is a list of all organizational documents on file
in this office for
360NETWORKS (USA) INC.
Articles of Incorporation for PACIFIC FIBER LINK paR-SAC , INC. INC. filed
June 12, 1998.
Articles of Merger and changing name to WORLDWIDE FIBER NETWORKS, INC. filed
April 1, 1999.
Certificate of Amendment to Articles of Incorporation changing name to
360NETWORKS (USA) INC. filed June 7, 2000.
Articles of Merger filed December 28, 2000.
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06/07/00 13: 18 asICI 4 7556845725
MAY 3B 2aae 99=31 F ~NFrWORKS
NO . 923 POO7 /0~
694 64S 77&6 ,"" '31J03SS15BZ?P. EJ3.I05
fILED
tN "rHE OFFICE OF THl;;
~,ECRETARv OF ~ATE OF THE:
STATE OF NEVADA
J UNO 7 2000 .
G~ ,"3 ~ ,I - (7 ~No.
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DEAN HEUER. SECRETARY OF STm
CERmICA TE OF AMENDMENT
OF
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.Ai TICLES OF lNCORPORA nON
WORLDWlDE PIBER NETWORKS. INC.
WORLDWIDB PIBER. NE1WORKS.1NC.. a corporation orpdzed ad existing underthe laws oftbe State ofNcwada, aDd its ArtiQlcs oflncorparation Onamally filed with theSecretary of State for the State ofNovada on June J 2, 1998, DOBS HEREBY CERTIFY:
FIRST: That b)' wrincn couent oftbe Board otDirectors ofWorldwi4e Fiber Networks,Jn~.. 1he fol1owinl resolutions wore chJ1y Idopted:
REsOLVED, rhat Article J of the Articles
of Incorporation be amc:ndcd foJJows:
I. NAME
Tbc name of the corporation is 3iOutworkl (1JSA) hie.
SECOND: Th" total number of outstandin, shares havinl votUla power of thecorporation is 200. and the IOQl number of votes enttl1eci ~ be cut by !be holden of al1 of saido1K8tandinl sham il200.
THIRD: The holden 0' all of the aforesaid total number af outstaudiD'lhara havingvoting power. to wi~ shires, dilpensecl wilb the hoJdUaB of. lfteetiD, ofth81tockholden aadadopted the amc;adment herein =tiffed by a coQSa1t in writing siJDCd by IIJ of them.
DATcp this as! day of May, 2000.
WORLDWIDE FIBER NETWORKS. INC.
By:
By.
Ron SteVenson. Secretary
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PROVINCE OF i. -t(/vI~lt);,1
CITY OF ~/t4' /I/.A
On this day of May, 2000,. personal1y appeared before me, a Notary Public, JERRY
THARP, who acknowledged to me that he executed the foregoing CERTIFICATE OF
AMENDMENT OF ARTICLES OF INCORPORATION OF \VORLD\VIDE FIBERNETWORKS, INC.
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NOTARY PUBLIC
PROYmCE OF
CITY OF YaYU::Jo.) \)JL(
On this ~il\.day of May, 2000, personally appeared before m , a Notary Public, RON
STEVENSON, 'who ackno\vledged to me that he executed the foregoing CERTIFICATE OF
AMENDMENT OF ARTICLES OF INCORPORATION OF \VORLD\VIDE FIBER
NET\YORKS , INC.
1V.~Jl0(ibT AR Y PUBLIC
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~ECft\ETAA't.OF STATe OF THE
STATE OFNEVADA
. . APR -0 11998
/3P7/- .pP ARTICLES OF MERGER
\ D"""I1E~c&ST.a;;n~Be Articles Q f Mctier are tI1 ade \hi. day of Man:\1. 1999. between Pacific Fibe~
Link Por-Srac,1l1c.# 0 Nevada corporadotl (sometimes r~ferrcd to herein a3 the nN~a.rh Co:por~tio~
Or \he ItSurviving ~TForation ) IU1d Pacific Fiber LinX. LLC1 a Wa;ldnitotl limited liability
company (Bometimas referred to 'herein as tho "Washington LLCII or tho 1lM~rae.d Compt;nyt'
RECI! ALe
A. Thc;Ncy:!da Corporation is a corporation duly orgfU11zed and existing under tho l~w~
of the StAt~ c!'
~y ~~ ::~.
:~ -regisle~Q office lOCi\ted at 1 S7S DeluCchi I,,-ant::. Ste. 224, Rena.
N~vada 89502.
B. The Waablnaton LLC is . Iirnl1ed liability com~ duly criZU1izcd and Clxiat1n~
\n1dcrthc laVIS CJfthc State OfWBshin~n with i~ teslslorM office toca~d at 1420 Fifth Avenue,
Ste. 3S10l S~litt1e. WD..S'hi~aton 98 LO1-4031.
C. The Nev~CaqJOntioo tho WaBhington LLCd~cm itdc.1irableand in theitbest
Interests that tha W~hlngtot\ Ltc b~ me:%icd into fu~ Nevada Cotpontion in ~rdanoc with the
provi6ioDS of Chapter 921\ of tho Novado Revi:s~d StatUtes.
An ~~t and pla.n of mc:r~er bu be~n approved a11d edoptcd by the N~ada.
Corporati 001 through its board of dir~ctarsl and s\1bmitted and ~pnJvcd by its SitOckholdors purS\Ulnt
to Chapter 92A of the Navada Revistd S~e3 as se.t fon" below:
DeBi~Mt1on of S~s~
Number ofVot.cs Entitled to be C~t:
Common
, . ,
100
NUlnbct ofVota~ for Plan:'!o- -100
Number ofVote.s Agalngt Plan:
Th~ nurnbor ofvole$ of th~ atod,hald~~ for 1110 p1a.n sufficle-nl for approval.
11.
An agrcwncm1 and plan of merger ha..=. neen ~pproYcd and adopted by the Wasoington L.LC
through 1u manL\iing mcmb~( tmd managc:ma1t commjttc~1 and s.ubmittcd una approvad
\JtW"\\mous\y bjl iu s.o1a member pO9gessins: a \ 00% membenhip it\t~!H. p1J~U!t\t to tho laws
tho State ofW6..~ihlngton.
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The Articte~ Q! Incorporatiot1 or t'ha Survivina Corporation ahaU continue to be its ArtlC\O9
of Incorporatlo1'\~ exccp~ Ibllt ~coTdina to 1he agrc~c:I'\\ and pla.n ofrnarict Article J is amended to
Joa4~
1. NAME
ruun~ oftlw "'rp~~ion i& WORLD 'W1DE FHUiR NBTWORKS,
INC.
IV.
Th~ complete ~xeeUted agrcemoru Bnd F1an ofmer~ri~ nn filc~t thcrcgistercd officcoftha
Surviving COf!1r'1r'"tt:-:- "C.." Oducchi Lu~. SCOt 2241 Reno. Nevada &9502.
On tho cff!:otivodo.tc of 'th~ merger, tho sepante existence of th~ Merged Comp~y shall
C6i1$e. and the Swvivlni Cotporation shall mcw:d tl) aU tha rlShtg. privi1e~cs. immun3t1s3. and
franchi~s. ~d aU the property, rea.\. ~nona1l ami mixed, of the MCrJod Company. witllout'tho
ncce3shy faf any sep~to (rtU19fef. The S\.U'Vivil1& CorporAtion d\A11 'thcr~fter bo responsible and
H~b1e for aU liabilities and obligationg of the Mcrie~ Company, nnd n~itber the lighu of crcditon
nor any liens on the pro~t'ty oftbc Merged CompAnY 1MB b(I imp~d by the m~rlicr.
VI.
Tho mori~r takes effect upon the filing Qfthc.s~Artlr;\c~ of Mcrger.
PACIFIC naER'LrNK. POR~SAC. INC.
By:
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Tharp, Pc dent
Ron St~vtmSon. SecrC't.4ry
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119.
On thls day of Mar en.. 1999, perSOnAUy ap~e&red before tt1CJ a NaWy Public JERRY
THARP. who acknowledaod to mo that he CJ;ctutod the forcgoing ARTICLES OF MERQE~
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NOTARY PUBLIC
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COUNTY OF
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On t1+is~1 of March, 1999. pcrsona11y appeamd before Me, a. Nowy Public. RON
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STEVENSON. who 1Icknawlcdecd to me that cx,=cuttd the foreaci
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NO . 657 P003/00
11/30/98 11:46 EsJCL ..)0 604 688 0829
CORPORATE CHARTER
I, DEAN HELlLERt the duly e1ected and qualified Nevada Secretary of State, do hereby
certify that PACIFIC FIBER LINK POR..SAC. INC. did on June 12., 1998 tHe in this
office the original Articles of Incorporation: that said Artides are now on fHe and of
record in the loffice of the Secretary of State of the State of Nevada, and further, that
said Artictes contain all the provisions required by the law of said State
of Nevada.
IN wtTNESS WHEREOF, I have hereunto se! my hand
end ~ffixGd the Great Seed of State, at my office, in
Carson City. Nevada, on June 15, 19S8.
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04/~9/99 14: 37 FAX [phone]
11/:Je/98 16 25
t. FILED
IN "THE OC:F'CE of THe!
:!=.:~::i~ARY OF STATE OF 'THE
STATE OF NEVADA
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ARTICLES OF n'\lCORPORATION
PACIFIC FIBER LINK POR.SAC, INC.
That L 11he undersigned, have this day voluntari1y acted for the purpose
forming a corporation under the laws of the State oi Nevada, and to that end, I do
hereby certify:
I. NAME
The name of the corporation is PACIFIC mER LINK POR..SAC, INC.
ll. AGENT FOR SERVICE OF PROCESS
The nam.e and address of the initial Resident Agent and location of the
Registered O~fice in this state is Beckley, Singleton, Jemison, Cobeaga & List, 1575
Delucchi Lane. Suite 224, Reno, Ne'lfada 89502.
m, PURPOSE
The purpO$e of the corporation, and the nature of the business and objeC1$
proposed to be transacted and carried on by it are:
fo engage in any lav.rful act or activity for which a
corporation may be organized under the laws of the Slate
of Nevada other than the bcmking business, the trust
company business or the practice of a profession permUted
to be incorporated under the laws of tha State of Nevada.
IV. STOCK
The c0rporation is authorized to issue one class of shares, vvnich shall be
designated I'~ommon shares," having a lotal number of 25,000 shares.Eac h such
11/30/9S MON 11"..1.8 (TX/RX NO 52381
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share, when issued, shall have one 0) vote.
v. NUMBER OF DIRECTORS
The members of the governing board 01 the corporation shexU be styled
Direciors.II and the initial Board of Directors shall be one (1) in number.
The number of directors may, at any time or times, be increased or decreased
by a duly adopted amendment to these .Articles of Incorporation, or in such manner as
shall be providejd in the By-I...aws of the corporation or by an arneI1flment ~o the By-Laws
of the corporextibn duly adopted by either the Board of Directors or the shareholders.
VI. INITIAL DIRECTORS
The name and address of the first BOdt'd of Directors is as follows:
David Lede
#1000 - ~O66 West Hastings Street
VancoUVlsr. British Columbia
Crmcxda: V6E 3Xl
vfi. INCORPORATOR
The name and post office address of the incorporator signmg these Articles of
1nc::orporation ~s as follows:
Lance P. Maiss
Beckleyi Singleton, Jemison, Cobeaga & List
t 575 Ds.lucchi Lane. Suite 224
Reno, Nevada 89502
. ....
t i /30/98 MON 16: 1 (TX/R.x. NO 52381
CAMPNEY & MURPHY !4J 065/008
NO.66S Fe10/013
04/~9/99 14: 38 FAX [phone]
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vIll. ASSESSABaITY OF SHARES
The capital stock of this corporation. after the amount of the subscrtption price
has been paid. shall not be subject to Q:ssessment to PCIY' the debts of the corparc:xtlon.
and no stock issued as fully paid shoU be assessable or assessed,
paI" shall the private
property of the stockholders, directors Of officers 01 this corporation be subject to the
payment of any corporate debts to any extent
whatsoever. and in this particular, the
Articles of Incorporation shall not be subject to amendment.
IX. INDEMNIFl CAnON AND LIMIT A TION ON LIABILITY
Every p"!rson who was or is a party, or is threatened to be made a party to or
Is Involved in any action, suit or proceeding, whether cMl.
crim\nO:l, administrative or
investigative, by teas on 01 the fact thr:rl he or -she or a person 01 whom he or she 'is the
legal representative, Is or was a director or offic:er 01 the corporation, or is or WCX$
serving at the request of the corporation as a director or officer of another corporation.
or as its repres6ntatiV6 in a partnership, joint venture, trust or other enterprise, shall be
indemnified and held harmless to the f\1llast extent legally permissible under the laws
01 \he State of Nevada. ~ amended, against all expenses, liability and loss (including
attorneys' fees). judgments. fine s and amounts paid in connec !.ion therewith. Such right
of indemnilic:,tion shall be a contract right which may be enlorced in arty marmer
desired by s';lch person. Such right 01 indemnilicc:rtioo shall 001 be exclusive of any
othe. right which such directors, ollice.s or representatives may have or herealler
acquire. andl without limiting the generality 01 such statement, they shall be entitled to
their respec:hve rights of indemnification 1.U'\der arry 'By-Law. agreemenl. vote
11/30/98 MaN 16; 18 1 TX/R.'\: NO 5238
04/19/99 14: 38 FAX [phone] CAMPNEY & MURPHY 141 006/008
NO.665 P011/013
- ---:-
11,/30/98 16:26 139 rr CL ~ 60 4 588 0829
~tockholders. provision of law. or othaIWise. as well as thel! rights under this
.Arlic1.e.
The personal liability of a director or officer of the corporation or its stockholders.
shctll be limited to the fullest extent provided by Nevada law. as
amended, for damages
for breach of fiductcny duty as an officer or director.
'This prO'lis1on shall not eliminate
the liability of a director or offIcer for acts or omissions which involved intentione!
misconduct, fraud; a knowing violation of the law or the payment of dividends in
violation of NRS 78.300.
Expenses of directors cmd officers incurred in defendirg a civil or criminal action,
suit or proceeding, must be paid by the corporation Ct$ they are incurred and in
advance at the firial disposition ot the action. suit or proceeding. upon receipt of and
UI'ldertaking by or on be hall of the director or officer to repay the amount if It is
ultimately determined by a court of competent jurisdiction that he or she is not enUHed
to be indemnified by the corporation. Thi.s does not affect the rights to advancement
of expenses which corporate pen;onnel, other than directors Of officers, mo.)' be entitled
to under crny contract of otherwise by law.
Without \irr.iting the application of the foregoing~ the Board of Directors may
adopt By-Laws (rpm time to time with respect to indemnification, to provide cd all times
the fullest indemnification permitted by the laws of the State of Nevada, and may cause
the corporarton \0 p1.lI"chC1se and maintain ins1.lI"ance on behalf 01 any person who is or
was 0 director or officer of the corporationl or is or was serving at the request of the
corporation as ciI director or officer of cmother corporation. or as its representative in
pcr:rtnership.1oint venture.
trust or other enterprise ctgainst any Uability asserted
11/30/98 ~ON 16: 18 (TX/R.X NO 5238)
----.-.-----.---------
CAMPNEY & MlmPHY ~ 007/008
t'U.665 P\al'2/013
04/~9/99 14: 38 FAX [phone]
BS1CL ~ 604 688 082911/:30/98 16: 27
against such pEiliSOn and mewed in any such capacity or arising out of such status,
whether or not the corporation would have the power to indemnify auch person.
X.. RIGHTS, PREFERENCES, PRIVILEGES AND RESTRICTIONS
Unless otheIWise determined by the Board of Directors. no holder of stock of the
corporation shall be entitled as such. as a matter of right. to purchase or subscribe for
artY stack of a:ny class which the corporation may issue or sell, whether or not
exchangeable fpT any stock of tha corporation or unissued shar~s authorized by the
Articles of Incorporation of the corporation as origincrlly filed or by any amendment
thereof. or out. of shares of stock of the corporation Ctcquired by it after the issue
thereof. and whether issued for cash, labor performed. personal property, real property,
or lecses thereof. nor shall he be entitled to any right of subscription to aI1Y thereof;
nor, unless otherwise determined by the Board of Directors. shall any holder 91 any
shares be ent,tled as such. as a matter of right, to purchase or subscribe for any
obligation which the corporation may issue or sell that shall be convertible into or
exchcmgeable. for any shares of the stock of its capital stock of any class or classes.
IN V\IIT~S S WHEREOF, I have hereunto set In y tlOnd this o:y 00 une, 199
hereby declaring and certifying that the fact5 stated hereinabove are true.
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11/30/gS MaN \6: 16 (TX/RX NO 52381
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11/30/98 MaN 16: 18 rl~X/RX ~o 52381
.--
EXHIBIT B
AUTHORITY TO TRANSACT BUSINESS IN IDAHO
CERTIFICATE OF GOOD STANDING
(Attached)
te of Idah
CERTIFICATE OF EXISTENCE
360NETWORKS (USA) INC.
File Number C 133831
, BEN YSURSA , Secretary of State of the State of Idaho , hereby certify that
am the custodian of the corporation records of this State.
I FURTHER CERTIFY That the record of this office show that the above-named
corporation was incorporated under the laws of NEVADA and filed for authorization to
transact business in Idaho on 10 May 2000.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of
this office.
Dated: 6 July 2005
SECRETARY OF STATE
......-
EXHIBIT C
EXECUTIVE PROFILES
(Attached)
ROB FRASENE
PRESID ENT
Rob Frasene was appointed President on June 21 , 2005. Prior to that, he held the positions of
Senior Vice President, Operations of the Company in November 2004, Senior Vice President
Finance, in April 2003, and Vice President, Capital Planning of 360networks inc., (the
Company s predecessor s parent company) in April 2001.
Mr. Frasene has over twenty years of experience in telecommunications. Prior to working for
360, Mr. Frasene was the Vice President of Network Services - Finance, ofXO Communications
Inc. supporting Network Operations and Capital Planning from July 1998 to February 2001.
From January 1996 to July 1998, Mr. Frasene was the Chief Financial Officer of the AT&T
Wireless Local Loop business unit, responsible for manufacturing and deploying fixed wireless
technology. Prior to that, he was the Director of Mergers and Acquisitions of AT&T
Communications from 1993 to 1995. Mr. Frasene joined AT&T Communication in 1984 and
held a variety of positions in the Finance organization. He has an undergraduate degree in
Accounting and am MBA in Finance from Baruch College.
CHRIS MUELLER
CHIEF FINANCIAL OFFICER
Chris Muller was appointed CFO on June 21 , 2005. Prior to that, he was appointed the position
of Senior Vice President of Strategic Finance of the Company in April, 2003. Mr. Mueller is
responsible for the Company s Corporate Development, Treasury, Risk Management and Tax.
Mr. Mueller recently assumed additional responsibility for Operational Finance in November
2004.
Previously Mr. Mueller was the Vice President, Corporate Development of the Company in
November 2002. Prior to that, Mr. Mueller held various senior management positions with
360networks inc., (the Company s predecessor s parent company) since April 2000, including
General Manager of Corporate Development.
Previously, Mr. Mueller was a Managing Director of Corporate Finance at Ragen MacKenzie, a
regional Investment Bank in the Pacific Northwest. He has an undergraduate degree from Yale
and an MBA from Wharton.
PATRICK SUMMERS
VICE PRESIDENT AND GENERAL COUNSEL
Patrick Summers is the Vice President and General Counsel of 360networks Corporation. Patrick
has been with 360networks since its inception in 1998, and is responsible for all legal matters
litigation acquisitions and divestitures at 360networks, as well managing a contracts
management group, a network development group, and all ongoing regulatory and compliance
matters.
Prior to joining 360networks, Patrick was an attorney with Conner & Winters in Oklahoma City,
and subsequently with the law firm of Brownstein, Farber, Hyatt and Strickland in Denver
practicing primarily in the areas of commercial real estate and telecommunications, representing
numerous telecommunications companies, including Western Wireless (Voice Stream) in the
construction and implementation of its western PCS System.
Patrick graduated from the University of San Francisco with a Bachelor 'of Science degree in
Business in 1983, and received his Juris Doctor degree from the University of Oklahoma in
1993 , where he served as the managing editor of the Oklahoma Law Review.
EXHIBIT D
FINANCIAL STATEMENTS
(Attached)
PLEASE TAKE NOTICE: Applicant considers its financial information to be
proprietary and confidential. The data contained in these documents reveal the size
nature, and scope of Applicant's business and fmancial operations to competitors
and potential competitors. Therefore, the Applicant requests that the Commission
treat Applicant's Consolidated Financial Statements as proprietary, to maintain the
confidentiality of the data contained therein. Applicant's fmancial information is
submitted under protective seal, accordingly.
' '
. CONFIDENTIAL
ATTACHMENTS
. .
EXHIBIT E
ILLUSTRATIVE PRICE LIST
(Attached)
360networks (USA) inc.Idaho PUC Price List No.
Original Title Page
Illustrative Price List Schedule Applicable To
LOCAL EXCHANGE TELECOMMUNICATION SERVICES
Within the State of
IDAHO
360NETWORKS (USA) INC.
867 Coal Creek Circle
Suite 160
. Louisville, CO 80027
This illustrative Price List contains the descriptions, regulations, and rates applicable to the
provision of specialized, discretionary, on demand local exchange telecommunications services
provided by 360 Networks (USA) Inc. ("Company ), with principal offices at 867 Coal Creek
Circle, Suite 160, Louisville, CO 80027. This Price List is on file with the Idaho Public Utilities
Commission ("Commission ), and copies may be inspected, during normal business hours, at the
Company s principal place of business.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page 1
TABLE OF CONTENTS
Table of Contents
.....................................................................................
Check Page
............................................................................................
Explanation of Symbols
..............................................................................
Contact Information..................................................................................
Application of Price List
...........................................................................
Price List Format
....................................................................................
Section I-Definitions
..............................................................................
Section 2 - Regulations
..............................................................................
Section 3 - Description of Service
..................................................................
Section 4 -Rates and Charges
........................................................................
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
CHECK PAGE
Pages of this Price List are effective as of the date shown at the bottom of the respective Page(s).
Original and revised pages as named below comprise all changes from the original Price List and
are currently in effect as of the date on the bottom of this Page.
Page No.Page Version Page No.Page Version Page No.Page No.
Title Original Original Original
Original Original Original
Original Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.IdahoPUC Price List No.
Original Page No.
EXPLANATION OF SYMBOLS
The following symbols shall be used in this Price List for the purpose indicated below:
(C)
(D)
(I)
(M)
(N)
(R)
(S)
(T)
To signify a changed regulation.
To signify a discontinued rate or regulation.
To signify an increased tate.
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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
CONTACT INFORMATION
COMPANY CONTACT INFORMATION
360 networks (USA) inc.
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone: [phone]
Facsimile: 303-854-5100
CUSTOMER CONTACT
For establishment of service, complaints and inquires regarding service and billing, or reporting
or inquiring about network outages or service problems, contact:
Patrick Summers
360 networks (USA) inc.
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone [phone]
Facsimile: 303-854-5100
Electronic Mail: psullnners(fY360.net
COMMISSION CONTACT
Matters concerning Price Lists, and regulatory affairs:
Charles Forst
360 networks (USA) inc.
867 Coal Creek Circle, Suite 160
Louisville, CO 80027
Telephone [phone]
Facsimile: 303-854-5100
Electronic Mail: cforst~360.net
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
APPLICATION OF PRICE LIST
This Price List sets forth the Service offerings, rates, terms and conditions applicable to the
furnishing of basic local exchange Services by 360 Networks (USA) Inc. hereinafter referred to
as the "Company" or "360 Networks " to retail 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 Price List is on file with the Idaho Public Utilities Commission. In addition, this Price List
is available for review at the main office of 360 Networks (USA) Inc., 867 Coal Creek Circle
Suite 160, Louisville, CO 80027.
Exculpatory Clause
THE INCLUDED EXCULPATORY LANGUAGE APPEARING IN SECTION 2, BELOW
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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
PRICE LIST FORMAT
Page Numbering - Page numbers appear in the upper right corner of the Page. Pages
are numbered sequentially. However, new Pages are occasionally added to the Price
List. When a new Page is added between Pages already in effect, a decimal is added.
For example, a new Page added between Pages 14 and 15 would be 14.
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 Colnmission. Because of various suspension periods, deferrals, etc., the most
current Page number on file with the Commission is not always the Price List Page in
effect. Consult the Check Page for the Page currently in effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each
level of coding is subservient to its next higher level:
1.1.
1.1.A.
2. 1. LA. 1.
(a).
1.1.A.1.(a).
(a).I.(i).
(a).I.(i).(l ).
Check Pages - When a Price List filing is made with the Commission, an updated
Check Page accompanies the Price List filing. The Check Page lists the Pages
contained in the Price List, with a cross-reference to the current revision number.
When new Pages are added, the Check Page 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., the
format, etc. remain the same, just revised revision levels on some Pages.) The Price
List User should refer to the latest Check Page to find out if a particular Page is the
most current on file with the Commission.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
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.
Advance Payment: Part or all of a payment required before the start of Service.
Authorized User: A person, firm or corporation authorized by the Customer to be an end-User
of the Service of the Customer.
Central Office: A local exchange switching unit that is used to interconnect Exchange Access
Lines within a specified area.
Channel or Circuit: path for transmission between two (2) or more points having a
bandwidth and termination of Customer s own choosing.
Commission: Idaho Public Utilities Commission
Common Carrier: An authorized company or entity providing telecommunications services to
the public.
Company: 360 Networks (USA) Inc., the issuer of this Price List.
Customer: The person, firm, partnership, corporation, municipality, cooperative organization
governmental agency, etc., that is provided Service and that is responsible for the payment of
charges and compliance with the terms and conditions of this Price List.
Customer Premises: A location designated by the Customer for the purposes of connecting to
the Company s Services.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
SECTION 1 - DEFINITIONS, Continued
Exchange Area: geographically defined area described through the use of maps or legal
descriptions to specify areas where individual telephone exchange companies hold themselves
out to provide local communications services.
Exchange Telephone Company or Telephone Company: Denotes any individual, partnership,
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.
FCC: Federal Communications Commission.
Individual Case Basis ("ICB"): A Service arrangement in which the regulations, rates and
charges are developed based on the specific circumstances of the Customer.
Interexchange Carrier (IXC): A long distance telecommunications services provider.
Local Exchange Carrier ("LEC"): A provider of local telephone service.
Local Calling Area: The area within which a Subscriber for local exchange Service may make
telephone calls without incurring a long distance charge.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
SECTION 1 - DEFINITIONS, Continued
Local Access and Transport Area (LATA): A Local Access and Transport Area established
pursuant to the Modification of Final Judgment entered by the United States District Court for
the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as
a LATA in the National Exchange Carrier Association, Inc. Price List F.C. No., or its
successor Price List(s).
Non-recurring Charge (NRC): The initial charge, usually assessed on a one-time basis, to
initiate and establish Service. NRC includes, but is not limited to, charges for construction
installation, or special fees for which the Customer becomes liable at the time the Service Order
is executed.
Premises: Denotes a building, a portion of a building in a multi-tenant building, or buildings on
contiguous property (except railroad rights-of-way, etc.) not separated by a public thoroughfare.
Private Branch Exchange ("PBX"
):
Customer equipment used to manage and process calls
over the Customer s internal multi-instrument telephone network.
Private-Line Facility: A non-switched facility dedicated to the Customer s use from
transmitting and receiving data and other communications.
Service: Any means of Service offered herein or any combination thereof.
Service Area: The area in which the Company provides Service.
Station: The network control signaling unit and any other equipment provided at the Customer
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 utilizes
Telecommunications Service from 360 Networks (USA) Inc.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.1 0
SECTION 1 - DEFINITIONS, Continued
Terminal Equipment: Any telecommunications equipment other than the transmission or
receiving equipment installed at a Company location.
Trunk: A communications path, connecting two (2) switching systems in a network, used in the
establishment of an end-to-end connection.
Two- Way: A Service attribute that includes dial capabilities for outbound calls and can also be
used to carry inbound calls to a central point for further processing.
Usage Charges: Charges for minutes or messages traversing over local exchange facilities.
User or End User: A Customer, joint User, or any other person authorized by a Customer to
use Service provided under this Price List.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
SECTION 2 - REGULATIONS
UNDERT AKING OF THE COMPANY
1.1.Scope
This Price List schedule sets forth the Service offerings, rates, terms and conditions
applicable to the furnishing of specialized combined local exchange and
interexchange intrastate telecommunications Services offered by Company to retail
Customers in the State of Idaho, subject to availability of facilities.
The Company is responsible under this Price List only for the Services and facilities
provided hereunder, and it assumes no responsibility for any service provided by any
other entity that purchases access to the Company network in order to originate or
terminate its own services, or to communicate with its own customers.
If this Price List contains provisions that deny or restrict a Customer s rights
otherwise protected by Commission rules, Commission rules supersede any
conflicting Price List or price list provisions that deny or restrict any of those rights
unless otherwise ordered by the Commission, court order, or statute.
1.2.Shortage of Equipment or Facilities
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.
The furnishing of Service under this Price List is subject to the availability on
a continuing basis of all the necessary facilities and is limited to the capacity
of 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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 12
SECTION 2 - REGULATIONS Continued
UND ER T AKIN G OF THE CO MP ANY Continued
Terms and Conditions
Service is provided on the basis of a minimum period of at least thirty (30)
days, 24-hours per day.
In any action between the parties to enforce any provision of this Price List
the prevailing party shall be entitled to recover its legal fees and court costs
from the non-prevailing party in addition to other relief a court may award.
Presubscribed Service may be disconnected upon written notice to the
Customer pursuant to Commission rules
D. This Price List shall be interpreted and governed by the laws of the State of
Idaho regardless of its choice of laws provision.
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.
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 join the attempt to
obtain from the owner of the property access for the other party to serve a
person or entity.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
1.4.
SECTION 2 - REGULATIONS Continued
UNDERTAKING OF THE COMPANY Continued
Limitations on Liability
Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: (1) the furnishing of its Services, including but
not limited to mistakes, omissions, Interruptions, delays, or errors, or other
defects, representations, or use of these Services or (2) the failure to furnish its
Service, whether caused by acts or omission, shall be limited to any charge
per call.
The Company shall not be liable to a Customer or third party for any direct
indirect, special, incidental, reliance, consequential exemplary or punitive
damages, including, but not limited to, loss of revenue or profits, for any
reason whatsoever, including, but not limited to, any act or omission, failure
to perform, delay, Interruption, failure to provide any Service or any failure in
or breakdown of facilities associated with the Service.
The liability of the Company for errors in billing that result in overpayment by
the Customer shall be limited to a credit equal to the dollar amount
erroneously billed or, in the event that payment has been made and Service
has been discontinued, to a refund of the amount erroneously billed.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 14
SECTION 2- REGULATIONS , Continued
UNDERT AKING OF THE COMPANY, Continued
1.4.Limitations on Liability, Continued
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 of: (a) the Customer, (b) any other entity
furnishing service, equipment or facilities for use in conjunction with
services or facilities provided by the Company; or ( c) Common
Carriers or warehousemen, except as contracted by the Company;
Any delay or failure of performance or equipment due to causes
beyond the Company s control, including but not limited to, acts of
God, fires, floods, earthquakes, hurricanes, or other catastrophes;
national emergencies, insurrections, riots, wars or other civil
commotions; strikes, lockouts, work stoppages or other labor
difficulties; criminal actions taken against the Company;
unavailability, failure or malfunction of equipment or facilities
provided by the Customer or third parties; and any law, order
regulation or other action of any governing authority or agency
thereof;
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;
Breach in the privacy or security of communications transmitted over
the Company s facilities;
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 15
SECTION 2 - REGULATIONS, Continued
UNDERTAKING OF THE COMPANY, Continued
1.4.Limitations on Liability, Continued
Continued
Changes in any of the facilities, operations or procedures of the
Company that render any equipment, facilities or services provided by
the Customer obsolete, or require modification or alteration of such
equipment, facilities or services, or otherwise affect their use or
performance, except where reasonable notice is required by the
Company and is not provided to the Customer, in which event the
Company s liability is limited as set forth in paragraph A of this
Section 2.1.4.
Defacement of or damage to Customer Premises resulting from the
furnishing of Services or equipment on such Premises or the
installation or removal thereof;
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;
Any non-completion of calls due to network busy conditions;
10.Any calls not actually attempted to be completed during any period
that Service is unavailable;
11.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
Services or facilities.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 16
SECTION 2 - REGULATIONS, Continued
UND ER T AKIN G OF THE CO MP ANY, Continued
1.4.Limitations on Liability, Continued
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 warranties or representations EXPRESS OR
IMPLIED, either in fact or by operation of law, statutory or otherwise
including warranties of merchantability or fitness for a particular use, except
those expressly set forth herein.
Failure by the Company to assert its rights pursuant to one provision of this
Price List does not preclude the Company from asserting its rights under other
prOVISIons.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 17
SECTION 2 - REGULATIONS, Continued
UND ER T AKIN G OF THE CO MP ANY, Continued
1.5.Provision of Equipment and Facilities
To the extent that facilities are required to serve the Customer, the Company
shall use reasonable efforts to make available facilities to a Customer on or
before a particular date, subject to the provisions of and compliance by the
Customer with, the regulations contained in this Price List. The Company
does not guarantee availability by any such date and shall not be liable for any
delays in commencing Service to any Customer.
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.
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.
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 it was provided.
The Customer shall be responsible for the payment of Service charges as set
forth herein for visits by the Company s agents or employees to the Premises
of the Customer when the Service difficulty or trouble report results from the
use of equipment or facilities provided by any party other than the Company,
including but not limited to the Customer.
Issued: September 22 , 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 18
SECTION 2 - REGULATIONS Continued
UNDERTAKING OF THE COMPANY Continued
1.5.Provision of Equipment and Facilities Continued
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 furnished pursuant to this Price
List, the responsibility of the Company shall be limited to the furnishing of
facilities offered under this Price List and to the maintenance and operation of
such facilities. Subject to this responsibility, the Company shall not be
responsible for:
the transmission of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission; or
the reception of signals by Customer-provided equipment.
1.6.N on- routine Installation
At the Customer s request, installation and/or maintenance may be performed outside
the Company s regular business hours. In that case, 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
request, extends beyond regular business hours into time periods including, but not
limited to, weekends, Holidays, and/or night hours, additional charges may apply.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 19
2.4.
SECTION 2 - REGULATIONS, Continued
PROHIBITED USES
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.
The Company may require Applicants for Service who intend to use the Company
offerings for resale and/or for shared use to file a letter with the Company confirming
that their use of the Company offerings complies with relevant laws and
Commission regulations, policies, orders, and decisions.
The 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 indemnify the Company for any claim judgment or liability
resulting from such blockage.
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 Price List will apply.
Issued: September 22 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 20
SECTION 2 - REGULATIONS Continued
OBLIGATIONS OF THE CUSTOMER
General
The Customer is responsible for complying with Price List regulations. Specific
Customer responsibilities include, but are not limited to the following:
the payment of all applicable charges pursuant to this Price List;
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;
providing at no charge, as specified from time to time by the Company, any
needed personnel, equipment space and power to operate Company facilities
and equipment installed on the Premises of the Customer, and the level of
heating and air cQnditioning necessary to maintain the proper operating
environment on such Premises;
obtaining, maintaining, and otherwise having full responsibility for all rights-
of-way and conduits necessary for installation of fiber optic cable and
associated equipment used to provide Communication Services to the
Customer from the cable building entrance or property line to the location
the equipment space described in Section 2.C. Any and all costs associated
with 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 borne 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;
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 21
S:ECTION 2 - REGULATIONS Continued
OBLIGATIONS OF THE CUSTOMER Continued
General Continued
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
facilities and equipment. The Customer may be required to install and
maintain Company facilities and equipment within a hazardous area if, in the
Company s opinion, injury or damage to the Company s employees or
property might result from installation or maintenance by the Company.The
Customer shall be responsible for identifying, monitoring, removing and
disposing of any hazardous material (e.g. asbestos) prior to any construction
or installation work;
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 2.1.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;
not creating, or allowing to be placed, any liens or other encumbrances on the
Company s equipment or facilities; and
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
interrupted for such purposes.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 22
SECTION 2 - REGULATIONS, Continued
OBLIGA TIONS OF THE CUSTOMER, Continued
Liability of the Customer
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.
To the extent caused by any negligent or intentional act of the Customer as
described in Subsection A, preceding, the Customer shall indemnify, defend
and hold harmless the Company from and against all claims, actions
damages, liabilities, costs and expenses, including reasonable attorneys ' fees
for (1) any loss, destruction or damage to property of any third party, and (2)
any liability incurred by the Company to any third party pursuant to this or
any other rate page of the Company, or otherwise, for any Interruption of
interference to, or other defect in any Service provided by the Company to
such third party.
The Customer shall not assert any claim against any other Customer or User
of the Company s Services for damages resulting in whole or in part from or
arising in connection with the furnishing of Service under this Price List
including but not limited to mistakes, omissions, Interruptions, delays, errors
or other defects or misrepresentations, whether or not such other Customer or
User contributed in any way to the occurrence of the damages, unless such
damages were caused solely by the negligent or intentional act or omission of
the other Customer or User and not by any act or omission of the Company.
Nothing in this Price List is intended either to limit or to expand Customer
right to assert any claims against third parties for damages of any nature other
than those described in the preceding sentence.
Issued: September 22 , 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 23
2.4.
SECTION 2 - REGULATIONS Continued
CUSTOMER EQUIPMENT AND CHANNELS
2.4.General
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 Price List. 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
Price List.
2.4.Station Equipment
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 Point of Connection.
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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 24
2.4.
2.4.
SECTION 2 - REGULATIONS Continued
CUSTOMER EQUIPMENT AND CHANNELS Continued
Interconnection of Facilities
Any special interface equipment necessary to achieve compatibility betweenthe facilities and equipment of the Company used for furnishing
Communication Services and the Channels, facilities, or equipment of others
shall be provided at the Customer s expense.
Communication 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 Price Lists of the other communications
carriers that are applicable to such connections.
Facilities furnished under this Price List may be connected to Customer-
provided Terminal Equipment in accordance with the provisions of this Price
List. All such Terminal Equipment shall be registered by the FCC pursuant to
Part 68 of Title 47, Code of Federal Regulations, 47 C.R. Section 68; and all
User-provided wiring shall be installed and maintained in compliance with
those regulations.
Users may interconnect communications facilities that are used in whole or in
part for interstate communications to Services provided under this Price List
only to the extent that the User is an is "End User , as defined in Section
69.2(m), Title 47, Code of Federal Regulations (1992 edition).
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 25
2.4.
2.4.4
SECTION 2 - REGULATIONS Continued
CUSTOMER EQUIPMENT AND CHANNELS Continued
Inspections
Upon suitable notification to the Customer, and at a reasonable time, the
Company may make such tests and inspections as may be necessary to
determine that the Customer is complying with the requirements set forth in
Section 2A.A for the installation, operation, and maintenance of Customer-
provided facilities, equipment, and wiring in the connection of Customer-
provided facilities and equipment to Company-owned facilities and
equipment.
If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to
protect its facilities , equipment, and personnel. The Company will notify the
Customer promptly if there is any need for further corrective action. Within
ten days of receiving this notice, the Customer must take this corrective action
and notify the Company of the action taken. If the Customer fails to do this
the Company may take whatever additional action is deemed necessary,
including the suspension of Service, to protect its facilities, equipment and
personnel from harm.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 26
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS
Payment for Service
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.
The Customer is responsible for payment of any sales, use, gross receipts
excise, access or other local, state, federal and 911 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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 27
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
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.
Nonrecurring charges are due and payable within twenty-two (22) days after
the invoice date, unless otherwise agreed to in advance.
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 twenty-two (22) days after
the invoice date. When billing is based on Customer usage, charges will be
billed monthly for the preceding billing periods.
When Service does not begin on the first day of the month, or end on the last
day of the month, the charge for the fraction of the month in which Service
was furnished will be calculated on a pro rata basis. For this purpose, every
month is considered to have thirty (30) days.
Billing of the Customer by the Company will begin on the Service
Commencement Date, which is the first day on which the Service or facility
becomes available for use. 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 Price List or the Service Order.
Billing accrues through and includes the day that the Service, Circuit
arrangement or component is discontinued.
Issued: September 22 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 28
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Billing and Collection of Charges Continued
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, within twenty-two (22) days of 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
multiplied by 1.5%.
The Customer will be assessed a charge of twenty dollars ($20.00) for each
check submitted by the Customer to the Company that a financial institution
refuses to honor.
If Service is disconnected by the Company in accordance with Section 2.
following, then the Company may reconnect service upon the Customer
payment of the past due balance and all applicable installation charges.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 29
SECTION 2 - REGULATIONS, Continued
PAYMENT ARRANGEMENTS, Continued
Disputed Bills
Any Customer who disputes a portion of a bill rendered for Company Services
shall pay the undisputed portion of the bill and notify the Company that such
unpaid amount is in dispute within thirty (30) days of receipt of the bill. If
such notice is not received by the Company within thirty (30) days as
indicated above, the Company shall consider the bill statement to be due and
payable in full by the Customer. Payment of the amount due by the Customer
does not constitute a waiver of the Customer s rights under the provisions of
IDAP A 31.41.01.204 to challenge any billing amount due or paid to the
Company.
Upon notification of a dispute, the Company will notify the Customer within
five (5) working days of its receipt of the written dispute notice and shall
undertake an investigation of the disputed charges. At the conclusion of the
investigation, the Company will notify the Customer of any amount
determined by the Company to be correctly charged and Customer shall pay
such amount to the Company within five (5) working days. The Company
may suspend/terminate Service if the Customer fails to pay the amount
determined by the Company to be properly charged. Amounts determined by
the Company to be correctly charged also will be subject to the late payment
charge specified in this Price List.
In the event a Customer and the Company cannot resolve a billing dispute to
their mutual satisfaction, the Customer may contact the Idaho PUC and
proceed in accordance with the Idaho PUC'Rules. The address and
telephone numbers for the Idaho PUC are:
Idaho Public Utilities Commission
O. Box 83720
Boise Idaho 83720-0074
334-0300 (within the local calling area)
800-432-0369 (from outside the local calling area)
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 30
SECTION 2 - REGULATIONS, Continued
PAYMENT ARRANGEMENTS, Continued
Disputed Bills, Continued
When a Customer cannot pay a bill in full, the Company may continue to
serve the Customer if the Customer and the Company agree on a reasonable
portion of the outstanding bill to be paid immediately, and the manner in
which the balance of the outstanding bill will be paid.
In deciding on the reasonableness of a particular agreement, the Company will
take into account the Customer s ability to pay, the size of the unpaid balance
the Customer s payment history and length of Service, and the amount of time
and reasons why the debt is outstanding.
Payments are to be applied to the undisputed balance owed by the Customer.
Customer may designate how a payment insufficient to pay the total
balance due shall be applied. If applicable, and in the absence of instructions
from the Customer, a partial payment shall be allocated first to local exchange
Services. (See IDAP A.31.41.01 Rule 306.06.) Such payments shall be applied
first to the oldest undisputed balances.
If a Customer fails to make the payment agreed upon by the date that it is due
the Company may, but is not obligated to, enter into a second payment
arrangement.
A Customer failure to pay for undisputed MTS charges billed by the
Company may result in loss of 0+, 0- and 1 + dialing access to MTS Services
until such time as the Customer pays the undisputed charges and applicable
reconnection charges, if any.
Customer failure to pay undisputed charges for other Services may result in
discontinuance of those Services.
Effective:Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 31
SECTION 2 - REGULATIONS, Continued
PAYMENT ARRANGEMENTS, Continued
5.4.Refusal to Provide Service
Pursuant to IDAP A 31.41.01 Rule 314, the Company will comply with this Price List
and IDAP A 31.41.01 Rule 312 in connection with denial, restriction, modification, or
termination of MTS or other Services. The Company will provide reasonable notice
before terminating or restricting access to such Services, except where notice is not
required. The Company will provide reasonable notice before modifying
Customer s existing MTS Service. Nothing in this rule abrogates Customers' rights
under the Company s Price Lists or filings, written agreements with Customer, or
obligations otherwise imposed by statutory or common law.
The Company may refuse to provide Service at one or more of the same Customers
Premises for the following reasons:
The Applicant has an outstanding amount due for similar Services and the
Applicant is unwilling to make acceptable arrangements with the Company
for payment.
A condition exists which in the Company s judgment is unsafe or hazardous to
the Applicant, the general population, or the Company s personnel or
facilities.
Customer is known to be in violation of the Company s Price Lists filed with
the Commission.
Failure of the Customer to furnish such funds, suitable facilities, and/or rights-
of-way necessary to serve the Customer and which have been specified by the
Company as a condition for providing Service.
Applicant falsifies his or her identity for the purpose of obtaining Service.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 32
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Cancellation of Application for Service
Applications for Service cannot be canceled without the Company
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.
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, less net salvage, 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 (all
discounted to present value at six percent).
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, less net salvage, 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 return on investment, and any other costs
associated with the special construction or arrangements.
Charges will be calculated and applied on a case-by-case basis.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 33
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Cancellation of Service by Company
Without incurring liability, the Company may disconnect Service to a Customer or a
particular Customer location, or may refuse to provide Service, under the following
conditions:
Termination of Service Without Notice
Pursuant to IDAPA 31.41.01 Rule 303, the Company may deny or terminate Service
without prior notice to the Customer or Applicant and without the Customer s or
Applicant's Permission for one (1) or more of the following reasons:
A condition immediately dangerous or hazardous to life, physical safety, or
property exists, or it is necessary to prevent a violation of federal, state or
local safety or health codes.
The Company is ordered to terminate Service by any court, the Commission
or any other duly authorized public authority.
Service was obtained, diverted or used without the authorization or knowledge
of the Company.
The Company has tried diligently to meet the notice requirements of of this
Price List, but has been unsuccessful in its attempt to contact the Customer
affected.
The Customer has misrepresented the Customer s identity for purposes of
obtaining Service and has no or an inadequate security deposit on file with the
Company and has an outstanding bill exceeding one hundred
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 34
SECTION 2 - REGULATIONS , Continued
PAYMENT ARRANGEMENTS, Continued
Cancellation of Service by Company, Continued
Termination of Local Exchange Service With Notice
Pursuant to IDAP A 31.41.01 Rule 302, the Company may deny or terminate local
exchange Service to a Customer or Applicant without the Customer s or Applicant's
permission, but only after adequate notice has been, for one (1) or more of the
following reasons:
The Customer or Applicant did not pay undisputed delinquent bills for local
exchange Services or paid a delinquent bill for local exchange Services with
any dishonored check.
The Customer or Applicant failed to make a security Deposit, when one is
required.
The Customer or Applicant failed to abide by the terms of a payment
arrangement.
The Customer or Applicant misrepresented the Customer s or Applicant'
identity for the purpose of obtaining telephone Service.
The Company determines as prescribed by relevant state or other applicable
standards that the Customer or Applicant is willfully wasting or interfering
with Service through improper equipment or otherwise.
Customer is using Service(s) for which the Customer or Applicant did not
apply.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price ListNo.
Original Page No. 35
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Cancellation of Service by Company, Continued
Notice Requirements Before Termination of Local Exchange Service
Pursuant to IDAP A 31.41.01 Rule 304. the following are requirements for
notice before termination of Local Exchange Service:
Seven-Day Notice. If the Company intends to terminate local
exchange Service under Section 2.10.2, it must send to the Customer
written notice of termination mailed at least seven (7) calendar days
before the proposed. date of termination. This written notice must
contain the information required by IDAP A 31.41.01 Rule 306.
Twenty-Four Hour Notice. At least twenty-four (24) hours before
actual termination, the Company must diligently attempt to contact the
Customer affected to apprise the Customer of the proposed action and
steps to take to avoid or delay termination. This oral notice must
contain the same information required by IDAP A 31.41.01 Rule 306.
Additional Notice. If the Company has not terminated Service within
twenty-one (21) days after the proposed termination date as specified
. in a written notice, the Company will again provide if it still intends to
terminate Service.
Failure to Pay - Payment with Dishonored Check No additional notice
of termination is required if, upon receipt of a termination notice:
(a).The Customer makes a payment arrangement and subsequently
fails to keep that arrangement; or
(b).The Customer tenders payment with a dishonored check.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 36
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Insufficient Grounds for Termination of Local Exchange Service
Pursuant to IDAPA 31.41.01 Rule 310, no Customer will be given notice of
termination of local exchange Services nor shall the Customer s local exchange
Service be terminated if:
The Customer s unpaid bill cited as grounds for termination is less than fifty($50) dollars.
The unpaid bill cited as grounds for termination is for Service to any other
Customer or former Customer (unless that Customer has a legal obligation to
pay the other bill) or for any other class of Service.
The unpaid bill cited as grounds for Termination of Service results from the
purchase ofMTS and other Services, including but not limited to
Directory advertising;
Information Services, operator Services or other Services not provided
by local exchange companies;
Leased or purchased Customer premIses equipment or other
merchandise; or
Inside wire maintenance.
The Customer lives at a residence where another person lives and the other
person has an unpaid balance for Service, except when the Customer has a
legal obligation to pay the other person s bill.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 37
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Restrictions on Termination of Local Exchange Service
Pursuant to IDAP A 31.41.01 Rule 311:
When Termination of Not Allowed
Unless the Customer affected has consented in writing, local exchange
Service will not be terminated on any Friday after twelve noon or on any
Saturday, Sunday, legal holidays recognized by the state of Idaho, or after
twelve noon on any day immediately before any legal holiday. Service may
not be terminated at any time when the Company s business offices are not
open for business, except as otherwise established in this Section.
Local exchange Services may be terminated only between the hours of 8:00
m. and 4:00 p., except as otherwise established in this Section.
Service to Persons Not Customers
If local exchange Service is provided to a residence and the account is in the
name of one who does not reside there, the Company, prior to termination
will notify the person(s) receiving Service and afford the person(s) a
reasonable opportunity to negotiate directly with the Company to purchase
Service in the resident's(s ) own name(s).
No Termination While Complaint Pending
Except as authorized by order of the Commission or of the Judiciary, local
exchange Service will not be terminated for failure to pay amounts in dispute
while a complaint over that Service is filed pursuant to IDAP A 31.41.01 Rule
402 is pending before the Commission. Nor will it be terminated while a case
placing at issue payment for that Service is pending before a court in the state
of Idaho.
Issued: September 22, 2005Issued By: Patrick Sulnmers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 38
SECTION 2 - REGULATIONS, Continued
PAYMENT ARRANGEMENTS, Continued
Serious Illness or Medical Emergency
Pursuant to IDAP A 31.41.01 Rule 308
Medical Certificate - Postponement of Termination of Services
The Company will postpone termination of local exchange or MTS Service to
a Residential Customer for thirty (30) days from the date of the receipt of a
current certificate by a licensed physician or public health official with
medical training that states:
The Customer, a member of the Customer s family, or other
permanent resident of the premises where Service is provided, is
seriously ill or has a medical emergency or will become seriously ill or
have a medical emergency because of Termination of Service; and
Termination of Service would adversely affect that Customer, member
of the Customer s family, or resident of the household.
Contents of Medical Certificate
This certificate must be in writing and show clearly the name of the person
whose serious illness or medical emergency would be adversely affected by
termination, the nature of the serious illness or medical emergency, and the
name, title, and signature of the person giving notice of or certifying the
serious illness or medical emergency.
Restoration of Service Due to Medical Certificate
If local exchange or MTS Service has already been terminated when the
medical certificate is received, the appropriate Service must be restored. The
Customer must receive local exchange and necessary MTS Services for thirty
(30) days from the Company s receipt of the certificate.
Issued: September 22 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 39
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
Serious Illness or Medical Emergency, Continued
Payment Arrangements.
Before the expiration of the medical postponement, the Customer must make
payment arrangements with the Company in accordance with IDAP A
31.41.01 Rule 312.
Second Postponement
The Company must postpone termination of local exchange and necessary
MTS Service upon receipt of a second certificate stating that the serious
illness or medical emergency still exists, unless during the period of the first
certificate excessive or unwarranted MTS calls were incurred and not paid or
the Customer refused to enter into payment arrangements.
Verification of Medical Certificate
The Company may verify the authenticity of the certificate and may refuse to
delay Termination of Service if the certificate is a forgery or is otherwise
fraudulent.
10.Medical Facilities - Shelter Care
Pursuant to IDAP A 31.41.01 Rule 309, where local exchange or MTS is provided to a
Customer known by the Company to be or identifying itself as a medical care facility,
including a hospital, medical clinic with resident patients, nursing home, intermediate
care facility or shelter care facility, notice of pending termination will be provided to
the Commission and to the State Department of Health and Welfare as well as to the
Customer. Upon request from the Commission, a delay in termination of no less than
seven (7) calendar days from the date of notice shall be allowed so that action may be
taken to protect the interests of the facility s residents.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 40
SECTION 2 - REGULATIONS Continued
PAYMENT ARRANGEMENTS Continued
11.Personnel to Authorize Reconnection
Pursuant to IDAP A 31.41.01 Rule 311.02, the Company will have personnel
available after the time of termination who are authorized to reconnect Service if the
conditions cited as grounds for termination are corrected to the Company
satisfaction.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 41
SECTION 2 - REGULATIONS Continued
ALLOWANCES FOR INTERRUPTIONS IN SERVICE
A credit allowance will be given for interruptions of Service, subject to the provisions
of this section.
Credit for Service Interruptions
credit allowance will be made when an interruption in Service occurs. An
interruption in Service is considered to exist when the local Service quality
deteriorates to such an extent that the Customer cannot make local calls or cannot
receive local calls or cannot use the Service for voice grade communications because
of cross talk, static or other transmission problem.
An interruption period begins when the Customer reports a circuit, Service or facility
to be interrupted and releases it for testing.
Pursuant to IDAPA 31.41.01. Rule 503.
The Company must restore Service: within sixteen (16) hours after the report
of the outage if the Customer notifies the telephone company that the Service
outage creates an emergency; or
within 24 hours after the report of the outage if no emergency exists.
Outages reported between noon on Saturday and 6:00 p.m. on the following
Sunday must be restored within forty-eight (48) hours or by 6:00 p.m. on the
following Monday, whichever is sooner.
If the Company does not restore Service within the times required by this
paragraph, the Company will credit the Customer s account for an amount
equal to the monthly rate for one (1) month of basic local exchange Service.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 42
SECTION 2 - REGULATIONS, Continued
ALLOWANCES FOR INTERRUPTIONS IN SERVICE, Continued
Limitations on Allowances
Pursuant to IDAP A 31.41.01 Rule 503., no credit allowance will be made for:
interruptions due to the negligence of the Customer, or noncompliance with
or acts of omission regarding the provisions of this price list by the Customer
authorized user or joint user;
interruptions of Service during any period in which the Company is not given
full and free access to its facilities and equipment for the purpose of
investigating and correcting interruptions;
interruptions of Service during a period when the Customer has released
Service to the Company for maintenance purposes or for implementation of a
Customer order for a change in Service arrangements; or
interruption of Service due to circumstances or causes beyond the control of
the Company and affecting large groups of Customers.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 43
SECTION 2 - REGULATIONS, Continued
TRANSFERS AND ASSIGNMENTS
The Company m~y, without obtaining any further consent from the Customer
assign any of its rights, privileges or obligations under this price list to any
subsidiary, parent, or affiliate of the Company; pursuant to any sale or
transfer of substantially all the business of the Company; or pursuant to any
financing, merger or reorganization of the Company. The Customer may,
upon prior written consent of the Company, which consent shall not
unreasonably withheld, assign its rights, privileges or obligations under this
price list to any subsidiary, parent, or affiliate of the Customer; pursuant to
any sale or transfer of substantially all the business of the Customer; or
pursuant to any financing, merger or reorganization of the Customer.
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
Services provided under this Price List.
Customer Liability for Fraud and Unauthorized Use of the Network
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.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 44
10.
SECTION 2 - REGULATIONS
NOTICES AND COMMUNICATIONS
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 the Customer
may also designate a separate address to which the Company s bills for Service shall
be mailed.
The Company shall designate on the Service Order an address to which the Custolner
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 shalllnail
payment on that bill.
Except as otherwise stated in this Price List, all notices or other communications
required to be given pursuant to this Price List 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.
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.
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. Taxes and fees include, but are not limited to: Federal Excise Tax, State
Sales Tax, Municipal Tax, and Gross Receipts Tax. Unless otherwise specified in this
Price List, such taxes, fees and surcharges are in addition to rates as quoted in this
Price List and will be itemized separately on Customer invoices.
Issued: September 22 , 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 45
SECTION 2 - REGULATIONS
11.PUBLIC NOTICE
The Company shall give public notice of all proposed changes in rates. Public notice
must be reasonably designed to call the attention of Customers who are affected by
the changes to the proposed changes in rates. Legal advertisements alone will not be
considered adequate public notice. Individual notice to all Customers affected will
always constitute public notice.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PU C Price List No.
Original Page No. 46
SECTION 3 DESCRIPTION OF SERVICE
APPLICATION OF RATES
1.1.Types of Charges
Per use charges apply to Company s call completion Service, as set forth in
this Price List.
Payment (Accounting) Fees
Late Fee
Return Check Fee
Taxes and Surcharges
Customer Liability for Taxes and Fees
Telephone usage is subject to all federal, state, local taxes, surcharges
and mandated regulatory fees including but not limited to universal
service fund, universal service fund carrier cost recovery fee and
Access Line fees.
Surcharges
The following surcharges apply to customer billing.
(a)
(b)
(c)
Federal Regulatory Fee (FCC)
Local Number Portability (LNP)
Federal Line Charge (EUCL)
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 47
SECTION J DESCRIPTION OF SERVICE, Continued
APPLICATION OF RATES, Continued
1.2.Call Timing for Usage Sensitive Services
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:
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.
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 carrieres).
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.
1.3.Promotions
The Company may provide promotional offerings from time to time. The Company
will notify the Idaho PUC ten (10) days in advance of the rates, terms & conditions of
any such promotions.
1.4.Individual Case Basis Arrangements
When the Company furnishes a facility or Service for which a rate or charge is not
specified in the Company s Price List, or when the Company offers rates or charges
which may vary from Price List arrangements, rates and charges will be determined
on an Individual Case Basis (ICB). The rates and charges for ICBs will be specified
by contract between the Company and the Customer.
Issued: September 22 , 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 48
SECTION 3 DESCRIPTION OF SERVICE, Continued
EXCHANGE SERVICE AREAS
Generally
The Company provides Service within the service territory of Qwest Corporation and
Verizon. The Company concurs in and hereby incorporates by this reference all
current and effective service territory and local exchange boundary maps filed with
the Commission by Qwest Corporation and Verizon.
Qwest Exchanges in Northern Idaho / LATA 676
Cottonwood
Kooskia
Kamiah
ez Perce
Craigmont
Lapwai
Grangeville
Lewiston
Qwest Exchanges Southern Idaho / LATA 652
fton
ancroft
uhl
Caumil
Eden
Grace
Idaho Falls
imberl y
ack
Middleton
ampa
Oxbow
Preston
oberts
Soda Springs
elser
erican Falls
Blackfoot
urley
ietrich
Emmett
Hagerman
Island Park
Kuna
alad
Montpelier
ew Acres
owney
Glenns Ferry
Hailey
erome
Lava Hot Springs
elba
ountain Home
ew Plymouth
ayette
Rigby
Shelley
Star
Ashton
Boise
Castleford
Driggs
Gooding
Idaho City
Ketchum
McCammon
Meridian
Murtaugh
Oakley
Pocatello
Ririe
Shoshone
Twin Falls
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 49
SECTION 3 DESCRIPTION OF SERVICE, Continued
EXCHANGE SERVICE AREAS
2.4.Verizon Idaho Service Territory
Bayyiew
Coeur d'Alene
Genesee
KelloggiPinehrs
Orofino
Plummer
Priest River
Sandpoint
Wallace
Bonner s Ferry
Cora
Harrison
Moscow
Peck
Post Falls
Rathdrum
Setters
Weippe
Bovill
Deary
Hayden Lake
Mullan
Pierce
Potlatch
Rock Creek
Spirit Lake
Wellesley
Clark Fork
Evergreen
Hope
Oldtown/ Albeni
Pinehurst
Priest Lake
St. Maries
Tensed/Bluebel
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 50
SECTION 3 DESCRIPTION OF SERVICE, Continued
EXCHANGE ACCESS SERVICES
Exchange Access Services provide a Customer connection to Company s network
enabling the Customer, among other things, to:
Originate communications to other points on Company s network;
Receive communications from other points on Company s network;
Access Company s Service as set forth in this and other Company Price Lists;
Access local, interexchange and international telecommunications services
provided by other authorized carriers and the customers of such carriers to the
extent such carriers are interconnected with Company s network;
Access Company s business office for Service-related assistance;
Access 911 or E9J 1 services, where available, operator services, directory
assistance, and telecommunications relay services;
Access Operator-Assisted Calling Services; and
Access Directory Assistance.
Exchange Access Services may not be available to originate calls to other telephone
companies' caller-paid information services (e.
g.,
NP A 900, NXX 976, etc.). Calls to
those numbers and other numbers used for caller-paid information services may be
blocked by Company s facilities.
Exchange Access Customers receive one listing per assigned telephone number in the
local White Pages Directory and receive a copy of the White Pages Directory at no
additional charge.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No.
SECTION 3 - DESCRIPTION OF SERVICE Continued
3.4.DIRECTORY ASSISTANCE SERVICE
Company provides Directory Assistance as an ancillary service exclusively to its
Customers. Directory Assistance is accessible by dialing "1 ", the area code of the
desired number and "555-1212". No charge applies to calls from payphones
exchange lines of the State of Idaho and its political subdivisions, and a single
registered line of a handicapped user.
DIRECTORY LISTING
Company does not publish a directory or other similar listing of its Customers.
However Company will arrange for Customers, other than Customers requesting
non-published service, to be listed in the directories and directory assistance recordsof the applicable incumbent local exchange carrier in accordance with the
incumbent's listing service Price List schedule, subject to availability of such listing
service to Company s Customers. Company hereby concurs in such schedules on file
with the Commission that are current and effective as of the effective date of this
Price List sheet.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 52
SECTION 4 -RATES AND CHARGES
EXCHANGE ACCESS SERVICE
Individual Line Flat Rate Service
Additional Line Flat Rate Service
Individual Line Measured Rate Service
Measured Rate, per minute
Directory Assistance
After 1st Call (Per Call)
Regulatory Charges
Federal Universal Service Factor
Multiline
All Others
End User Common Line (EUCL)
Individual Line
Multiline Key/PBX Trunk
Returned Check Charge
Business Residence
MRC NRC MRC NRC
$39.99 $50.00 $29.99 $33.n/a n/a $13.00 $33.
$0.00 $65.00 n/a $0.
$0.$0.
$1.40 $0.00 $1.40 $0.
$0.11 $0.00 $0.11 $0.
$0.11 $0.00 $0.11 $0.
$8.00 $0.00 $8.00 $0.
$8.00 $0.00 $8.00 $0.
$20.$20.
Issued: September 22 , 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 53
SECTION RATES AND CHARGES
IDAHO TELECOMMUNICA TIONS
(ITSAP)
SERVICE ASSISTANCE PROGRAM
ITSAP consists of two programs, Lifeline and Linkup, that were developed to provide
discounted rates for telephone service to low income customers, thus promoting universal
service. The programs are jointly sponsored (federal and state) telephone assistance programs
designed to maximize federal contributions to Idaho s low-income customers.
The programs provide reductions in monthly rates for single line telephone service and/or
reductions in one-time costs for installation of telephone service for qualifying customers. The
program is administered by the Department of Health and Welfare in accordance with Idaho
Code 56-901.
Eligibility - To be eligible for ITSAP, the participant must:
Apply through the Department of Health and Welfare
Be head of household
Have a total gross income at or below 133% of the Office of Management and
Budgets (OMB) Poverty guidelines.
Residents of Tribal Lands may be eligible for additional federal assistance if the
individual participates in one of the following federal assistance programs:
Bureau of Indian Affairs general assistance;
Tribally administered Temporary Assistance for Needy Families;
Head Start (only those meeting its income qualifying standard);
National School Lunch Program s free lunch program
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective:
360networks (USA) inc.Idaho PUC Price List No.
Original Page No. 54
SECTION 4 -RATES AND CHARGES
IDAHO TELECOMMUNICATIONS
(ITSAP), Continued
SERVICE ASSISTANCE PROGRAM
3. Lifeline Discounts - applied to tariffed monthly recurring rates and charges for qualifying
residential customers. Monthly discount (not to exceed the rate charged for the grade of
subscribed residential basic local exchange service) $3.
Additional federal discounts may apply pursuant to federal regulations, 47 C.R. Part 54.
3.4. The cost of providing assistance through ITSAP shall be recovered by imposing a
monthly surcharge determined by the Public Utilities Commission and assessed on each
line used for providing residential and business access. Participating ITSAP customers
are exempted from this surcharge.
ITSAP Surcharge 05/1ine/month
surcharge is assessed on all access lines to contribute towards funding for an Idaho
Universal Service Fund. The Surcharge Rate is established by the Commission and will
be assessed to each business and residential line.
Issued: September 22, 2005Issued By: Patrick Summers, VP and General Counsel
360networks (USA) inc.
867 Coal Creek Circle/Suite 160
Louisville, CO 80027
Effective: