20140808Application.pdf

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NrcrTayron
Eve,rL: [e-mail]
DIRECTDIAL:208. .4fl6.7
DTRECT FAx: 20 89il.527 2
VIA HAND DELIVERY
Idaho Public Utilities Commission
47 2 W . Washington Street
P. O. Box 83720
Boise, D 83720-0074
Re: Westel, LLC
Application to Transfer/Revise Certfficate of Public Convenience and Necessity
No.401
Dear Sir or Madam,
We represent Westel, LLC, an Idatro limited liability company ("Westel"), with respect
to its potential acquisition of WestCom, LLC, an Idaho limited liability company ("WestCom").
In connection with such transaction, please find enclosed an original and two copies of Westel's
Application to Transfer/Revise Certfficate of Public Convenience and Necessity No. 401. Please
conform one of the enclosed copies to be returned with our messenger.
Westel is eager to begin continuing the telecommunications business heretofore operated
by WestCom. Once you have received the enclosed and begun the review and calendaring
process, please give me a call to discuss the next steps in this process. We want to make sure we
are proactive in assisting the Commission with its review of Westel's application. Thank you
very much for your assistance in this matter.
ORIGINAL
A'I'I'ORNII Y S AN D COUNSITLORS
Hawley Troxell Ennis & Hawley LLP
877 Matn Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701.:1617
208.344.6000
www.hawleytroxell.com
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August 8,2014
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Enclosures
Sincerely,
HAWLEY TROXELL ENNIS & HAWLEY LLP
Nick Taylor
46220.00p.2.6837719.t
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NICHOLASTAYLoR
EMAIL : [e-mail]
DTRECT DrAL: 208.388.4f167
DTRECT FAx [phone]
Jean Jewel
Commission Secretary
ldaho Public Utilities Commission
P.O. Box 83720
Boise, lD 83720-0074
Re: Notice of Purchase
Dear Ms. Jewe!:
On behalf of our client, Westel, LLC, an ldaho limited liability company ("Westel"),
written notice is hereby given to the ldaho Public Utilities Commission (the
"Commission") that Westel has contracted to acquire substantially al! of the assets of
WestCom, LLC, an Idaho limited liability company doing business as "Westel Fiber"
("WestCom"), pursuant to that certain Asset Purchase Agreement dated July 15, 2014
by and between Westel and Westcom (the "Agreement"). WestCom is currently the
holder of Certificate of Public Convenience and Necessity No. 401, issued to WestCom
by the Commission (the "Certificate").
Pursuant to the terms of the Agreement, upon the closing Westel will acquire
WestOom's assets and customer base and continue to operate under the same
assumed business name'Weste! Fibe/', while providing substantially the same services
to customers that were provided by WestCom prior to the closing.
Notice to Customers. Written notice of this transaction will be provided to
WestCom's customers via United States Posta! Service first class mail
(the'Written Notice").
Copy of Notice. A copy of the Written Notice is attached to this letter.
A'I''I'ORNEYS AND COUNSIILORS
Hawley Troxell Ennis & Hawley LLP
877 MarnStreet, Suite 1000
P.O. Box L6L7
Boise, Idaho 83701.-1.617
208.344.6000
www.hawleytroxell.com
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3. Service to Customers. Westel intends to offer the same
telecommunications services that WestCom provided to its customers, except that
Westel intends to supplement its services with some additional products and expand its
area of business
Westel will be submitting an application to the Commission in order to transfer
the Certificate from WestCom to Westel.
lf you have any questions or comments regarding this letter or the forthcoming
Application fo.r Transfer of Certificate of Public Convenience and Necessity, please fee!
free to call or email me.
Sincerely,
HAWLEY TROXELL ENNIS & HAWLEY LLP%7
Nicholas Taylor
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August 4,2014
Dear Valued Customer:
We are excited to announce that Westel, LLC, an Idaho limited liability company ("Westel") has
entered into an agreement to acquire the assets of WestCom,LLC, an Idaho limited liability company
currently doing business as "Westel Fiber" ("WestCom"). Upon the consummation of this transaction,
which is subject to regulatory review and approval, Westel will become your internet and/or telephone
services provider. We expect this could occur as early as September 5,2014. (The specific transfer date
must be at least thirty (30) days from the date of this letter, but it may be a later date depending upon
when we receive federal and state regulatory approval). Upon the completion of this transaction, Westel
will do business as "Westel Fiber".
No action on your part is required or requested. This letter is for your information. Please rest
assured that this transaction will not affect the services you currently receive. You will continue to receive
the same quality services you have come to expect with the same rates, features, terms, and conditions
you currently enjoy. In the event that any changes are made to any of your existing services in the future,
you will be notified by separate mailing thirty (30) days prior to the changes becoming effective.
You will not be responsible for any charges associated with the transfer of your account. All
costs associated with the transfer will be borne by Westel. Although you have the right to select the
provider of your choice, we value your business and hope that we may continue to serve you. If you
should choose another provider you will need to contact that provider directly to arrange for the change
prior to the date of transfer to Westel and also provide us with written notice of the change, as required
under your existing terms of service. Please be advised it can take several weeks for a new provider to
make the switch and you may also incur service initiation fees from the new provider in establishing a
new account.
If you currently have a carrier freeze on your account you will still be automatically transferred to
Westel on the transfer date unless you have selected another provider prior to the transfer date. Any
existing carrier freeze involved in the transfer will be lifted and you must contact us to arrange a new
freeze or confirm an existing freeze.
Westel is responsible for responding to any customer inquiries prior to and during the transfer of
service from WestCom to Westel. Our customer service toll-free number is 1-855-592-8800, which
will remain the same after your services are transferred.
You can trust that we will continue to provide you with the same great quality of service you have
come to expect. We welcome you to Westel and look forward to meeting your internet and telephone
needs. Thank you for your business.
Sincerely,
-1-
Westel, LLC
46220.0n0.2_6826858.1
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August 8,2014
Jean Jewel
Commission Secretary
ldaho Public Utilities Commission
P.O. Box 83720
Boise, lD 83720-0074
Re: Retiing CLEC Notice to Commission
Dear Ms. Jewel:
WestCom, LLC, doing business as "Westel Fiber", as a Competitive Local
Exchange Carrier and holder of Certificate of Public Convenience and Necessity No.
401, submits this letter to the ldaho Public Utility Commission ("Commission") in
accordance with Commission requirements.
WestGom, LLC entered into that certain Asset Purchase Agreement
("Agreement") by and between Weste!, LLC and WestCom, LLC, dated effective July
15,2014. Pursuant to the terms of the Agreement, Westel, LLC ('Westel") will acquire
the customer base and substantially all assets owned, used by or in connection with,
related to, useful to or produced by WestCom, LLC ("WestCom") in the business of
providing residential communities with telecommunications via fiber optic technologies.
Excepting specific, limited liabilities identified in the Agreement (future liabilities incurred
after the closing of the transaction and taxes, fees, or other expenses incurred out of the
transactions contemplated in the Agreement), Westel will not be acquiring any of
WestCom's liabilities. Following the acquisition of WestCom's assets, Westel will
operate under the dba Westel Fiber and offer substantially the same services to
WestCom's customers in accordance with the rates, terms and conditions in effect prior
to Westel's acquisition of assets.
Westel's acquisition of WestCom's assets will not affect WestCom's customers;
Westel will offer substantially the same telecommunication services that were offered by
WestCom and will be adopting WestCom's tariff and price Iist, subject to
supplementation with additional products. Notice of Westel's acquisition will be timely
provided, as required under ldaho and federal laws, rules and regulations. A copy of
the notice being submitted to WestCom's customers is enclosed herewith and will be
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August 8,2014
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distributed by United States Postal Service a minimum of thirty (30) days prior to the
closing of the acquisition.
It is the intent of WestCom and Westel that Westel will apply to the Commission
to assume responsibility for Certificate of Public Convenience and Necessity No. 401
and will submit an updated tariff/price list replacing WestCom for Westel and adding
certain products and services.
Should the Commission need additional information or have questions, please
feel free to contact WestCom.
46220.0002.6780887.4
Sincerely,
WESTCOM, LLC
ay A{\
Richard Craig Groves
Authorized Member
RECE,V[ *
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Nicholas L. Taylor,ISB No. 7442
HAWLEY TROXELL ENNIS & HAWLEY LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise,ID 83701-1617
Telephone: [phone]
Facsimile: 208.954.5272
Email: [e-mail]
Attorneys for Applicant Westel, LLC
BEFORE TIIE IDAHO PT]BLIC UTILITIES COMMISSION
IN TI{E MATTER OF TIIE APPLICATION
OF WESTEL,LLC
FOR TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY NO. 401
CURRENTLY TM,LD BY WESTCOM, LLC
APPLICATION TO TRANSFER/REYISE
CERTTFICATE OF PT]BLIC CONVENIENCB AND NECBSSITY NO.4O1
COMES NOW the Applicant, Westel, LLC, an Idaho limited liability company (the
"Applicanf' or "Westel"), and files this application to transfer Certificate of Public
Convenience and Necessity No. 401 ("Certificate") from its current holder, WestCom, LLC, an
Idatro limited liability company ("WestCom"), to Applicant, and to otherwise process and revise
the Certificate as necessary in order to reissue the Certificate in the name of Applicant, pursuant
to the laws of the State of Idaho and the rules and regulations of the Idaho Public Utilities
Commission ("Commission").
caseNo.W-Pl
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 4OI - 1
c/RIr,INAL
46220.000.2.6778262.7
I. History
On July 30, 2002, the Commission issued Order No. 29084 granting WestCom a
Certificate of Public Convenience and Necessity to provide basic local exchange services in the
geographical area of southern Idaho. In August 2002, the Certificate was issued to WestCom.
On August 23,2005, WestCom notified the Commission that it had changed the name
under which it did business from Digital Easy Chair to WesTelFiber. On January 30,2006, the
Commission issued Order No. 29965 amending the Certificate to reflect the name change from
"WestCom,LLC dba Digital Easy Chair" to "'Westcom, LLC dba WesTelFiber".
Effective January l,20ll, WestCom entered into a Master Services Agreement with the
Applicant's parent company (the "Parent Company"). Under the Services Agreement, the
Parent Company operates all of the day-to-day activities of WestCom's "Westel Fiber" business,
including, without limitation, providing operational support (engineering and technical support,
front-line employees and other service providers, customer call center, network and system
engineering for product infrastructure, and customer installation and issue resolution);
operational infrastructure (equipment co-location, internet bandwidth, data backup and
restoration, etc.); and inventory management and billing (collectively, the "services"). The
Parent Company will continue to provide the Services to WestCom until the closing of the
Applicant's acquisition of WestCom, following which, the Parent Company will continue to
provide the Services to Westel.
Effective July 15, 2014, WestCom entered into that certain Asset Purchase Agreement
("Agreement") by and between WestCom and the Applicant. Pursuant to the terms of the
Agreement, the Applicant will acquire WestCom's customer base and substantially all of
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 401 - 2
46220.Cnn.2.6778262.7
WestCom's assets and continue to operate and provide substantially the same services provided
by WestCom prior to the acquisition. The Applicant will also continue under the assumed
business name "Westel Fiber".
IL Form of Business.
A. Name. Westel, LLC.
B. State of Organization. Idaho. A certified copy of the Applicant's Certificate of
Organization is attached hereto as Exhibit A.
DBA. Westel will operate under the assumed business name "Westel Fiber".
Principal Business Address.
1450 S. Eagle Flight Way
Boise,ID 83709
Registered Agent.
Brad Frazer
877 Main Street, Suite 1000
Boise, Idaho 8370L-1617
F. Name and Address of Officers.
President
Bruce Lehrman
1450 Eagle Flight Way
Boise,ID 83709
Vice President
Lonnie Bloomquist
1450 Eagle Flight Way
Boise, ID 83709
Secretary
Randall Rings
1450 Eagle Flight Way
Boise,ID 83709
G. Name and Address of Subsidiaries Owned by Applicant. None.
WESTCOM, LLC' S APPLICATION TO TRANS FER/REVIS E CERTIFICATE
OF PUBLIC CONIVENIENCE AND NECESSITY NO. 4OI - 3
C.
D.
E.
46220.0[n2.6778262.7
Name and Address of Entity Holding More than 5%o Ownership or
Managerial Interest in Applicant.
lnvolta, LLC - IooVo
PO Box 1986
Cedar Rapids, lA 52406
Principal Business Address in Idaho:
1450 Eagle Flight Way
Boise, ID 83709
IIL Services and Territory.
A. Services.
The Applicant will continue to provide the same services as were provided by WestCom
under the Certificate, except that the Applicant will upgrade certain product offerings to improve
those services (as further described in Exhibit E). This includes facilities-based local exchange
services, intra-exchange private lines, frame relay services, and ISDN services to subdivision
residents over a fiber optic network. It is anticipated that that the Applicant's acquisition of
WestCom will close on September 5, 2014. (The specific date of the closing of the transfer may
be after September 5, 2014, as it is contingent on obtaining applicable federal regulatory
approval.)
B. Territory.
The Applicant will offer its services to customers in the same territory offered by
WestCom; in the portion of Centurylink's (formally Qwest) service area in southern Idaho.
C. Map of Service Area.
A map of the Applicant's intended service area is attached hereto as Exhibit B.
D. Incumbent Local Exchange Corporations.
Centurylink.
WESTCOM, LLC'S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 401 - 4
H.
46220.0m2.6778262.7
E. Facilities.
The Applicant will acquire substantially all of WestCom's assets and facilities, which
assets and facilities allowed WestCom to provide the above-described services.
F. Competition.
The Applicant will most likely compete against Centurylink, CableOne, Vonage, and
other providers of intemet services and VOIP.
IV. Financial Information.
The Applicant is a newly-formed entity that does not have a balance sheet or other
financial information for the l2-month period ending as of the date of this Application. However,
the Applicant's initial balance sheet is attached hereto as Exhibit C. As the Applicant will be
acquiring substantially all of WestCom's assets, WestCom's unaudited balance sheets, dated as
of December 31, 2013 and June 30, 2014, and unaudited income statement for the l2-month
period ending on December 31, 2013, are attached hereto as Exhibit D.
The Applicant has not filed an annual report with the Idaho Secretary of State since its
formation.
V. Tariffs and Price Lists.
The Applicant's acquisition of WestCom's assets and customer base is expected to have
no impact on the services, rates or conditions of service provided to customers. Westel will be re-
issuing an updated version of WestCom's current Schedule of General Regulations for Exchange
Services Applying to the Local Exchange Services and Facilities of this Company in the State of
Idaho, which has been revised to (i) indicate that any references to "WestCom" or "WestCom,
LLC" shall be deemed to be references to "Westel, LLC doing business as Westel Fiber", (ii)
WESTCOM, I T C'S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 4OI - 5
46220.0m2.6778262.7
delete any references to an advance deposit policy (which is no longer being used by WestCom
and which the Applicant does not intend to use), and (iii) upgrade certain product offerings the
Applicant intends to offer and provide to customers under "Section 12.5 - Rates and Charges"
(the "Updated'Schedule"). A copy of the Updated Schedule is attached hereto as Exhibit E.
VI. Tariff and Customer Contact.
The following is the contact information for the persons responsible for the following:
A. Tariffand Price List Questions.
Brad Hetland
1450 Eagle Flight Way
Boise,ID 83709
Telephone: [phone]
Facsimile: [phone]
Email: bhetland @ involta.com
B. Customer Complaints and Inquiries.
Westel, LLC dba Westel Fiber
1450 Eagle Flight Way
Boise, ID 83709
Office: [phone]
Fax: [phone]
Email: sales @westelfiber.com
Web: www.westelfiber.com
C. Toll Free Number.
The Applicant's toll free number for customer inquiries and complaints is 1-855-592-
8800.
V[. Interconnection.
WestCom is party to that certain Interconnection Agreement with Qwest Corporation (as
amended, the "Qwest Interconnection Agreement"). However, WestCom is not currently
utilizing the Qwest Interconnection Agreement in its business. Nevertheless, the Applicant will
WESTCOM, LLC'S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 4OI - 6
46220.0002.6778262,
seek to have WestCom's rights and obligations under the Qwest Interconnection Agreement
assigned to the Applicant in connection with the closing of the acquisition.
Currently, WestCom provides telephone service through an agreement with Integra
Telecom, a copy of which is attached hereto as Exhibit F, and internet services through an
agreement with Parent Company. WestCom's rights and obligations under these agreements will
be assigned to the Application upon the closing of the acquisition.
YIII. Escrow Account for Advance Deposits.
WestCom does not currently require advance deposits from its customers, nor does it
utilize any escrow account or bonds. Therefore, the Applicant does not intend to utilize any of
these practices. The Updated Schedule removes any references to any power or right of the
Applicant to collect from, or require advance deposits by, its customers. Accordingly, the
Applicant is not required to obtain an escrow account with a bonded escrow agent or a security
bond.
IX. Description of Transaction.
Pursuant to the terms of the Agreement, the Applicant will acquire substantially all of the
assets used by WestCom in its business of providing residential communities with
telecommunications via fiber optic technologies (commonly referred to as the "Westel Fiber
Business"). Excepting specific, limited liabilities identified in the Agreement (future liabilities
incurred after the closing of the acquisition and taxes, fees, or other expenses incurred as a result
of the acquisition), the Applicant will not be acquiring any of WestCom's liabilities.
The Applicant's acquisition of the Westel Fiber Business will close following the
requisite approval of the acquisition by the applicable govemmental entities, the transfer of the
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 4OT - 7
46220.0n02.6778262.7
licenses and authorizations issued to WestCom by the Federal Communications Commission and
the Idaho Public Utilities Commission, the satisfaction of the Applicant's due diligence, and the
satisfaction of the other closing conditions described in the Agreement.
The closing is also subject to proper notice being provided to WestCom's customers
pursuant to Idaho and federal law. Notice will be provided to WestCom's customers in the form
attached hereto as Exhibit G and will be delivered to customers by United States Postal Service a
minimum of thirty (30) days prior to the closing.
It is not expected that WestCom's customers will be affected by the acquisition as the
Applicant will continue to offer substantially the same telecommunication services on the same
conditions under the same assumed business narne, along with certain upgraded
telecommunication services products. The prices and tariffs on the services and products
currently offered by WestCom will not change and will be reflected in the Updated Schedule
attached hereto as Exhibit E. Furthermore, the Parent Company will continue to provide the
Services to Westel after the closing. Consequently, the Applicant's acquisition of WestCom's
assets and customer base is not expected to have an impact on WestCom's customers other than
to improve and expand the services and products currently being offered and provided to the
customers.
X. Compliance with Commission Rules.
The Applicant has reviewed all of the Commission rules and agrees to comply with them.
XL Conservation of Telephone Numbers.
The Applicant acknowledges that non-paging telecommunications carriers with telephone
numbering resources in Idaho shall be subject to numbering conservation measures including
WESTCOM, LLC'S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 401 - 8
46220.0002.6778262.7
mandatory one. thousand (1,000) block pooling. See Commission Order No. 30425. All CLECs
shall evaluate their numbering resources and donate to the numbering resource pool unused one
thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than
ten percent (lo7o) of the telephone numbers assigned. Applicable carriers shall also file the
necessary utilization reports with NeuStar and semi-annual report their number resource
utilization/forecast (NRUF) data at the one thousand (1,000) block level for each rate center
within their service territory. The Federal Communications Commission has appointed NeuStar
to manage the assignment and conservation of telephone area codes and telephone numbers in
North America.
The Applicant hereby respectfully requests that the Commission approve the requested
transfer or revision of Certificate of Public Convenience and Necessity No. 401 to replace
WestCom, LLC with Westel, LLC doing business as Westel Fiber.
DATED THIS -r&1 day of August, 2014.
HAWLEY TROXELL ENNIS & HAWLEY LLP
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONN/ENIENCE AND NECESSITY NO. 4OI - 9
Applicant Westel, LLC
46220.0n[.2.6778262.7
CERTIFICATE OF SERVICE
I IIEREBY CERTIFY that on tfri, :#uy of Augus t,2Ol4,I caused to be served a true
copy of the foregoing WESTCOM, LLC'S APPLICATION TO TRANSFER/REVISE
CERTIFICATE OF PUBLIC COIWENIENCE AND NECESSITY NO. 401 by the method
indicated below, and addressed to each of the following:
Idalro Public Utilities Commission
47 2 W . Washington Street
P. O. Box 83720
Boise, D 83720-0074
tr U.S. Mail, Postage Prepaid
{,Uana DeHvered
tr Overnight Mail
tr E-mail
E Telecopy
Nicholas L. Taylor
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSMY NO. 401 - 10
/Z/ 7
46220.mn,2.6778262.7
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Certifi cate of Organization
Map of Service Area
Westel Financial Statements
WestCom Financial Statements
Updated Schedule
Agreement with Integra Telecom
Form ofNotice to Customer
WES TCOM, LLC' S APPLICATION TO TRANSFER/REVI S E CERTIFI CATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 401 - 1 1
46220.0002.6778262.7
EXHIBIT A
CERTIF'ICATE OF ORGAIYZATION
See attached.
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE A}ID NECESSITY NO. 4OI - 12
46220.0002.677U62.7
Sfate of ldaho
CERTIFICATE OF EXISTENCE
OF
WESTEL, LLC
Fite NumberW 1gg7g2
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l, BEN YSURSA,,Secretary of State of the State of ldaho, hereby certify that I am
l: ,,, '1, ,,, r
the custodian of the limited liability company records of this State.
l
I FURTHER CERTIFY'ThaI the records of this office show that the above-named
limited liability company filed a certificate of organization in ldaho on g July 2014.
,
I FURTHER CERTIFY That the'limited liability company has not been dissolved.
Dated: August 7,2014
{/r* 1Ar,^aA-
SECRETARY OF STATE
FILED EFFEGTIVE
CERTIF,CATE OF ORGANIZ,.TI ON
LIMITED LIABILITY COMPANY
(lnstruc{lons on back of application)
tha limited liabllity oompany is:
20lrr JUL -9 Pll 2r Zl
S[C,lii liiii Y t)l; S'[+l r
S IATE OF IOAHO1. The name of
wblbl. LLc
2. The complete sbeet and mailing address€s of the lnltlal designated offce:
1450 S. Eagh Flight l/Vay, Bolso, lD 83709
(Slrtct Addcrt)
(M!ft0 &dtE!s. lf dllhGnt firn lrcd ddrl!3)
3. The namc and complete street address of the registered agent:
Brad Frazcr 877 illaln Sbast, Suitc 1000, Bohr. lD E3701-1617
(Sbcd edi.!r)
4. The name and addrese of at least one member or manager of the limited liability
oompany:
Eru
lnrolta LLC
Adrlrn
305 2nd 8t. SE, Sulte 501, Ccdar Rapids lora 52401
Mailing address for future correspondence (annual report notioes):
1450 S. Eagle FlightWay, Bolee,lD 83709
Future clfec{ive date of filing (optional):
Signature of a manager, member of authorlzed
per8on.
Slgnafure
Typed Name:
S:.mtary ol $letB uut onty
IDf,TIO SECNE?ABY OB STATE
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EXHIBIT B
MAP Of,'SERVICE AREA
See attached.
WESTC OM, LLC' S APPLICATION TO TRA}.{ S FER/REVI SE CERTIF ICATE
OF PUBLIC COIWENIENCE Ai.lD NECESSITY NO. 401 - 13
46220.0002.6778262.7
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EXHIBIT C
WESTEL FINAITCIAL STATEMENTS
See attached.
WESTCOM, LLC' S APPLICATION TO TRA}ISFER/REVISE CERTIFICATE
OF PUBLIC COI.MNIENCE Al.lD NECESSITY NO. 401 - 14
46220.0002.6778262.7
ASSETS
Curent Assets
Checklng
Other Curent Asseb
Prcpaid Expense
Accountr Recelvable
lnventory
Total Other Cunant Assets
Totll CunEnt Asseti
Flxed Assets
TOTAL ASSETS
LIABILITIES & EOUITY
Llabllltles
Gument Llabllltlas
Accounts Payable
Accrued Llabllitles
Total Llabllltles
Equlty
Contrlbuted Capltal - lnvolta
Retalned Eamlngs
Net lncome
Total Equlty
TOTAL LIABILITIES & EOUITY
westel, LLU oDa westel FrDer
Balance Sheet
As of July 15,2014
lnltlsl
Capltallzatlon Acqulsltlon Post Acqulsltlon
---
650,000 (s6s,E00)
42,120
9,975
55,526
u,200
42,120
9,975
55,526
107,621 'to7,621
650,000 (456,17s)
542.379
191,821
542,379
u,200 u.200
650,000
E4,200 84,200
650,000
650,000 650,000
650,000 u,20o 7U,200
EXHIBIT D
WESTCOM F'INAITCIAL STATEMENTS
See attached.
WESTCOM, LLC, S APPLICATION TO TRA}.ISFER/REVISE CERTIFICATE
OF PUBLIC CONVENIENCE AI.ID NECESSITY NO. 401 - 15
46220.0002.6778262.7
WestCom, LLC dba WestelFber
Balance Sheet
As ofJune 30,2OL4
Balance as of
6t30t2014 dr
Adlusted
Balance as of
6t30t2014
ASSETS
Gurrent Assets
Checking/Savings
Other Current Assets
Accrued lnterest Recelvable
Prepaid Expense
Accounts Rec - summary
Note Receivable - Craig
Deposits
lnventory
Total Other Current Assets
Total Current Assets
Fixed Assets
Other Assets
Startup Costs
Accumulated Amortlzation
lntercompany Transfer
Deferred lnstal lation Costs
Work in Progrcss
Total Other Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Gurrent Liabilities
Accounts Payable
Other Gunont Liabilities
Accrued Llabilities
Accrued Expenses
Telecom Taxes Payable
Total Accrued Llabilitles
Total Current Liabllities
Long T€rm Liabilltles
Builder Deposlts
Total Liabllities
Equlty
TOTAL LIABILITIES & EQUITY
$ (14,36E) $11,036$ - $ (3,332)
5
24,523
(218,892',)
(1s,351)
st;r 5
19,614 42.120239,138 10,272 9,97516,000 049
13,887 99 - 13,986
65,27E - 9,752 55,526(130,5s1) 292,44E 40,291 121,606
(1r14,919)
665,553
2,153
(2,1531
(134)
3,716
2,191,058
303,484
2,153
1U
93,952
40,291
2,1_53
z.ozq.ine
1'.tB,274
665,553
s,iro
260,763
2.194.U0 96,238 2,026,398 2il.479
2,715,273 399,722 2,066,689 1,048,307
$
$
$
$
164,200 $
-$
(3,202) $
10.222 $1U,747 S
-$
2,418 $
288,725
(784)
(3,202) $2,41E $(78/.\
160,998
2,0O9,246
10,222
2,009,246
137,',t64 $287,941
2.170.24 $
545.030 $
2,019.467
47,060
137,1U
262,396
287,941
760,366
2.715,273 $2,066,528 $399,s61 $ '1,048,307
$ 2,466,249.86 $ 2,466,249.86
ASSETS
Cuirent Ass.ts
Ch.cllngrsavlngs
ld.ho Banklng Company
Totrl Ch€cklngrs.YlngE
Oth.? GurTEnt As!.t
Accruod lnterGt Roc.lvable
Prepald Erp.B€
Accoulrb Rec - 3ummily
Note Rocahr.ble - Gralg
Depoalt
lnvontory
Tot l O{her Cu'fcnt A$€t3
Totel Currcnt Asret3
Flr6d A.!.t3
Flber Hut Equlpm.nt
Bllllng SofturaE
Other Soltwar6
Comd.ted Doreloprent3
Phone Swltch N.turort
Equlpment
Total Flx.d As.r€t
Oth€. Ar.rtr
St rtup Coat3
Accumulatod Amortlzatioo
D.f.r€d lrBtallatlon Costs
Work ln Progro!!
Total Other As.6tE
TOTALASSETS
LITABILITIES & EQUITY
Llabllltlec
Gurent Llablllu6
AccounE P.y.ble
Account Payable
TotalAccount Peyable
Other Cumnt Llabllitla
Accru6d Llabllltlos
Total Cun€rit Llabllltlc
Long Te]m Llabllru.s
Bullder Depo.ltr
Totel Long T6]m Ll.bllltios
Total Ll.bllltle8
Equlty
Beglnnlng C.plt l Bob Bs3
Beglnnlng Capltll Cr.lg crorc
B.glnnlng Capltl Grrg JohtEon
R.t lned E mlngs
N.t lncome
Tot l Equlty
TOTAL LIABILITIES & EQUTY
westuom, LLU ooa westetFDer
Balance Sheet
As of December 31, 2013
Dec 31,1!
I (12,321)
(12,3211
5
9,960
11,42s)
(14,3s1)
13,826
58,657
66,667
54,34,6
29,874
3,250
13,779
137,742
366,108
114,799
665,553
2,153
(2,1s3)
3,716
2,166,93'l
2,170,U7
I 2,890,54,6:
109,295
r09.295
(2,418)
Total Other Curmril LlabllltLr (2,41E)
106,Er7
2,009,246
2,O09,25
2,116,123
242,299
242,298
242,555
(111)
.[7,380
n1,122I 2,Eoo,5a6:
Pa0E 3 ot a
Ordinary lncome/Expense
lncome
Sales
Services
Total lncome
Cost of Goods Sold
Connection Charges
Gommissions
Total GOGS
Gross Profit
Expense
Adm inistrative Expenses
R&D Expenses - Telco Equipment
Selllng expenses
Office
tarketlng
Automoblle Exponse
Other Expense
lnsurance
lnterest Expense
Taxes
Total Expense
Net Ordinary lncome
Other lncome/Expense
Other lncomo
lntercst lncome
Total Other lncome
Net Other lncome
Net Income
Profit & Loss
January through December 20{3
Jan - Dec 13
-
$30
692,256
692,286
522,921
6,il2
529,563
162,723
47,185
43,200
21,130
2,361
3,396
6,650
8,629
3,282
(20,2s11
115,582
47,141
239
239
239
$ 47,3E0:
Page 4 of 4
EXHIBIT E
UPDATED SCHEDULE
See attached.
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVIS E CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY NO. 4OI - 16
46220.0002.6778262.7
Original Title Sheet
WESTEL, LLC.
dlbla-
WESTEL F'IBER
1450 Eagle Flight \ilay
Boise,ID 83709
Schedule of
GENERAL REGULATIONS FOR EXCHAI\GE SERYICES
Applying to the Local Exchange
Services and Facilities of this Company
rn the State of ldaho
This price list sets forth the service offerings, rates, terms and conditions applicable to the
furnishing of intrastate communication services by Westel, LLC (hereinafter "The Company") to
Customers within the State of Idaho. The rates and rules contained herein are subject to change
pursuant to the rules and regulations of the Idatro Public Utilities Commission. This price list is
on file with the Idaho Public Utilities Commission and copies may be inspected, during normal
business hours, at the Company's principal place of business located at 1450 Eagle Flight Way,
Boise,ID 83709
6833960.3
Sheet No.
Original Sheet I
CHECK SHEET
Revision
Effective: September - 2014
6833960.3
Effective Date
I Orieinal September _,2014
2 Orieinal September .2014
3 Orieinal September .2014
4 Orisinal September .2014
5 Orieinal September .2014
6 Orisinal Seotember .2014
7 Orisinal Seotember .2014
8 Orisinal Seotember .2014
9 Orisinal September .2014
l0 Orisinal September ,2014
ll Orieinal September .2014
t2 Orieinal September ,2014
l3 Orisinal September _,20L4
t4 Orieinal September .2014
l5 Orieinal September .2014
l6 Orisinal Seotember -2014
t7 Orieinal September .2014
18 Orisinal Seotember .2014
19 Orisinal Seotember .2014
20 Orisinal Seotember .2014
2l Orisinal Sentember .2014
22 Orieinal September .2014
23 Orisinal September .2014
24 Orisinal September ,2014
25 Orieinal September .2014
26 Orisinal September .2014
27 Orieinal September .2014
28 Orisinal Seotember .2014
29 Orisinal Seotember .2014
30 Orieinal Seotember .2014
3l Orisinal September ,2014
32 Orieinal September .2014
33 Orieinal September .2014
34 Orisinal Seotember .2014
35 Orieinal Seotember .2014
36 Orisinal Seotember .2014
37 Orisinal September .2014
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Sheet No.
Original Sheet 2
CHECK SHEET
Revision
Effective: September - 201 4
6833960.3
Effective Date
38 Orisinal Seotember -2014
39 Orisinal Seotember .2014
40 Orieinal September ,2014
4l Orieinal September ,2014
42 Orieinal September ,2014
43 Orisinal September ,2014
44 Orieinal September ,2014
45 Orieinal September .2014
46 Orieinal September .2014
47 Orieinal Seotember -2014
48 Orisinal Seotember -2014
49 Orisinal Seotember -2014
50 Orisinal Seotember .2014
5l Orisinal Sentember -2014
52 Orieinal Seotember .2014
53 Orieinal September .2014
54 Orieinal September .2014
55 Orieinal September ,2014
lszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID E37(D
Original Sheet 3
TABLE OF'CONTENTS
Sheet Number
CHECK SHEET .................1
Section l. CONTACT INFORMATION........ ....................6
Section 2. TRACKING AND NUMBERING.............. ...--.............-.....7
Section 3. APPLICATION OF PRICE LIST........ .............7
Section 4. DEFINITIONS................ .................7
Section 5. DEPOSIT REQUIREMENTS .......1 I
5.1 Deposits............... .....................11
Section 6. PAYMENT ARRANGEMENTS ....................11
6.1 Billing and Collection of Charges.............. ..................11
6.2 Payment for Service .................12
6.3 Disputed Bills....... ....................14
6.4 Complaints........... ....................15
6.5 Advance Payments ...................15
6.6 Allowances for Intemrptions of Service ......................16
6.7 Late Payment Charges .............17
6.8 Partial Payments.. .....................17
6.9 Moves, Add and Changes ........18
Section 7. SERVICE OUTAGES ...................19
7.1 Definition............ .....................19
7.2 Receipt and Recording of Reports......... ......................19
7.3 Repair Service Standards .........19
7.4 Failure to Restore Service in a Timely Manner..... ......19
Section 8. REFUSAL, DISCONNECTION OR TERMINATION OF SERVICES..............20
8.1 General ...................20
8.2 With WrittenNotice to the Customer ........21
8.3 Without WrittenNotice to the Customer.. ...................22
8.4 Upon Customer Request ..........23
8.5 If Rule 402 Complaint is Pending..... .........23
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 4
8.6 Cancellation of Application for Service ......................24
8.7 Termination of Service Contract................ ..................24
8.8 Restoration of Service After Termination forNon-Payment...... .....................25
8.9 Service Termination............... ....................25
Section 9. TRANSFERS AND ASSIGNMENTS ............26
Section 10. NOTICES AND COMMUNICATIONS .........27
Section 11. REGULATIONS........ ....................27
ll.l Undertaking of the Company.. .......27
ll.2 Prohibited Uses......... .....................37
I1.3 Enhanced 911 ........... ......................38
ll.4 Obligations of the Customer.. ........38
I1.5 Customer Equipment and Channe1s............. ......................40
I1.6 Conflicts between Price List and Commission Rules ........42
ll.7 Exculpatory Clause ......42
Section 12. LOCAL EXCHANGE SERVICES............ .......................43
t2.t Application to Local Exchange Services .........43
t2.5
Section 13.
13.1
13.2
Effective: September - 2014
5833950.3
Issued: August.- 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 5
14.3 Dispute Application .....53
14.4 Pre-subscription Rates and Charges................ ...................53
Section 15. PRIVATE LINE SERVICES .........54
l5.l Application to Private Line Services.............. ...................54
15.2 Service Description ......54
15.3 Rate Information......... ...................54
Section 16. Trial Service Offerings ............... .....................54
Section 17. Individual Case Basis (ICB) Arrangements............. ..........55
Effective: September - 2014
6E33960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 6
Section l. CONTACT INFORMAIION
Customer contact - For establishment of service, complaint, inquires
regarding service and billing, reporting or inquiring about network outages
or service problems:
Westel, LLC dba Westel Fiber
1450 Eagle Flight Way
Boise,ID 83709
Offrce: [phone]
Fax: [phone]
Email: [e-mail]
Web: www.westelfiber.com
Commission contact - price list information:
Brad Hetland
1450 Eagle Flight Way
Boise,ID 83709
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Commission contact - complaints:
Brad Hetland
1450 Eagle Flight Way
Boise,ID 83709
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Idatro Agent:
Brad Frazer
Hawley Troxell Ennis & Hawley LLP
877 Mun Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
Telephone: [phone]
Facsimile: [phone]
Email : [e-mail]
l.l
1.2
1.3
t.4
Effective: September .- 2014
6833960.3
Issued: August - 2014 lttestel Fiber 1450 F,gle Flight Way Boise, ID E3709
Original Sheet 7
Section 2. TRACKING AND NUMBERING
The following symbols shall be used in this price list (price sheet) for the purpose
indicated below:
(C) - Indicates a change in listing, rule, or condition, which may affect rates or
charges.
(D) - Indicates discontinued material, including a listing, rate, rule or condition.
(I) - Indicates an increase.
(M) - Indicates that the material has been relocated to another part of price list
schedules with no change in text, rate, rule or condition.
(N) - Indicates new material including listing, rate, rule, condition or sheet.
(R) - Indicates a reduction.
(S) - Indicates reissued matter.
(T) - Indicates a change in wording of text, but no change in rate, rule or
condition.
Section 3. APPLICATION OF PRICE LIST
Westel Fiber (hereinafter "The Company") has been authorized by the Idatro
Public Utilities Commission (Idaho PUC) to provide competitive local exchange
and inter-exchange services.
This price list sets forth the service offerings, rates, terms and conditions
applicable to the fumishing of local exchange services to residential and small
business customers within the state of Idaho. The rates and rules contained herein
are subject to change pursuant to the rules and regulations of the Idaho PUC.
Section 4. DEFINITIONS
Certain terms used generally throughout this price list are defined below.
Access Lines: A telephone facility which permits access to and from both the
Customer's premises and the telephone exchange or serving central office.
Advance Payment: Payment of all or part of a charge required before the start of
service. It may consist of any required construction cost, all appropriate
nonrecurring charges and an estimate of the first month's recurring charges.
Westel Fiber 1450 Eagle Flight Way Boise, ID 83709 Effective: September -2014
6E33960.3
Issued: August - 2014
Original Sheet 8
Advance Payments will be applied to the first bill rendered by Company
following implementation of services.
Agent: A business representative authorized by the Company to bring about,
modiS, affect, performance of, or terminate contractual obligations between the
Company and its applicants or Customers.
Applicant: A person who applies for telecommunications service. Includes
persons seeking reconnection of service after Company-initiated termination.
Application: A request made in writing for telephone service.
Authorized User: A person, firm, corporation or other entity that either is
authorized by the Customer to use local exchange telephone service or is placed
in a position by the Customer, either through acts or omissions, to use local
exchange telephone service.
Basic Rate Area: A specific geographic area, within which the schedule rates for
local exchange service shall apply without exchange line mileage and without
special rates in lieu of mileage.
Central Office: Company facilities where subscriber lines are connected to each
other through switching equipment for placing local and long distance telephone
calls.
Company: Westel Fiber that is the issuer of this price list.
Commission: The Idaho Public Utilities Commission.
Customer: The person, firm, corporation or other entity that orders service and is
responsible for the payment of charges and for compliance with the Company's
price list regulations.
Direct Inward Dialing (DID): A service attribute that routes incoming calls
directly to Stations, by-passing a central answering point.
Exchange Carrier: Any individual, partnership, association, joint-stock company,
trust govemmental entity or corporation engaged in the provision of local
exchange telephone service.
Fiber Optic Cable: A thin filament of glass with a protective outer coating
through which a light beam carrying communications signals may be transmiffed
by means of multiple internal reflections to a receiver, which translates the
message.
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 83709
Original Sheet 9
Hunting: Routes a call to an idle Station line.
Individual Case Basis: A service arrangement in which the regulations, rates and
charges are developed based on the specific circumstances of the Customer's
situation.
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 for the provision and administration of
communications services.
Local Calling: A completed call or telephonic communication between a calling
Station and any other station within the local service area of the calling Station.
Local Exchange Carrier: A company that furnishes exchange telephone service.
Non-Listed Service: Means a Customer is not listed in the published directory,
but is listed in the directory assistance database.
Non-Published Service: Means a Customer is not listed in the published directory
or in the directory assistance database.
Non-Recurring Charges: The one-time charges for services or facilities, including
but not limited to charges for construction, installation, or special fees, for which
the Customer becomes liable at the time the Service Order is executed.
Off-Hook: The term "off-hook" denotes the active condition of a telephone
exchange service line.
On-Hook: The term "on-hook" denotes the idle condition of a telephone
exchange service line.
On-Net: A term given to a Customer premise or Building that is located on the
Company's fiber network via company owned or company leased facilities.
Off-Net: A term given to a Customer premise or Building that is connected to the
Company's fiber network via non-company owned or company leased facilities.
Originating Off-Net: A call originating on and placed via non-company owned or
company leased facilities.
Originating On-Net: A call originating on and placed via company owned or
company leased facilities.
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID E3709
Original Sheet l0
Pre-subscription: Pre-subscription is an rurangement whereby an end user may
select and designate to the Telephone Company an Interexchange carrier (IXC) to
access, without an access code, for InterLATA calls. This IXC is referred to as
the end user's pre- designated IXC.
Recurring Charges: The monthly charges to the Customer for services, facilities
and equipment, which continue for the agreed upon duration of the service.
Residential Service: Telephone Service provided to customers when the actual or
obvious use is for domestic purposes
Service Commencement Date: The first day following the date on which the
Company notifies the Customer that the requested service or facility is available
for use, unless extended by the Customer's refusal to accept service which does
not conform to standards set forth in the Service Order or this price list, in which
case the Service Commencement Date is the date of the Customer's acceptance of
service. The parties may mufually agree on a substitute Service Commencement
Date.
Service Order: The written request for local exchange services executed by the
Customer and the Company in a format specified by the Company. The signing
of a Service Order by the Customer and acceptance thereof by the Company
initiates the respective obligations of the parties as set forth therein and pursuant
to this price list, except that the duration of the service is calculated from the
Service Commencement Date. Service Order may also be referred to as Service
Plan.
Services: The Company's telecommunications services offered on the
Company's network.
Shared: A facility or equipment system or subsystem that can be used
simultaneously by several Customers.
Small Business Service: Telephone Service provided to businesses with five (5)
or fewer lines.
Station: Telephone equipment from or to which calls are placed.
Trunk: A communications path connecting two switching systems in a network,
used in the establishment of an end-to-end connection.
User or End User: A Customer or any other person authorized by the Customer to
use service provided under this price list.
Ef;fective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, lD 8370E
Section 5.
Section 6.
Original Sheet I I
DEPOSIT REQUIREMENTS
5.1 Deposits
The Company will not require a deposit from a Customer before a service
is furnished or continued.
PAYMENTARRANGEMENTS
6.1 Billing and Collection of Charges
6.1.1 Issuance and Contents of Bills.
Bills will be rendered monthly to Customers and shall contain
the following information:
a) the billing date;
b) the time period covered by the bill;
c) the due date of the bill;
d) any amounts transferred from another account;
e) any amounts past due;
f) any payment credits applied to the Customer's account
since the last bill;
g) the total amount due;
h) names of other entities, if any, for which the Customer is
also being billed by the Company for services which are
not provided by the Company, including, the identification
of the service(s) billed, and the amount(s) of those billings;
i) the mailing address(es) or toll-free telephone number(s)
available to Customers in the service territory for
answering inquiries about telephone services billed;
an itemization of all non-recurring charges;
an itemization of the following recurring charges: total
local exchange service bill (mileage or zone charges and
charges for extended area service may be included in the
i)
k)
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
6.2
Original Sheet 12
total rather than an separate items), touch tone capability,
custom calling features, non-primary directory listings,
wire maintenance plans, equipment leases, and government
imposed taxes, surcharges or subscriber line charges. All
other recurring charges may be included in a miscellaneous
billing category if the Company explains the charges in
writing pursuant to IDAPA 31.41.02.101. Charges for each
element of packages services, local measured service, or
other calling plans in which individual calls are not billed
need not be separately itemized if the Company provides an
explanation of those services pursuant to IDAPA
31.41.02.101; and;
l) for MTS bills, the number called, the date, time, duration,
destination, and charge for each call. For collect and third
party calls, the Company will itemize the origin of the call.
In those instances where the Company may bundle long
distance calling with local exchange services for one price
a detailed itemization of the call may not be available.
Payment for Service
The Customer is responsible for payment of all charges for service and
facilities furnished by the Company to the Customer or its Joint or
Authorized Users. The Company must receive objections within 30 days
after statement of account is rendered, or the charges shall be deemed
correct and binding upon the Customer.
6.2.1 Taxes, Charges and Fees: The Customer is responsible for the
payment of any sales, use, gross receipts, excise, access or
other local, state and federal taxes, charges, user fees, or
surcharges (however designated) excluding taxes on the
Company's net income imposed on or based upon the
provision, sale or use of the Company's services. The
Customer is responsible for payment of taxes, charges, or fees
ordered by the ldaho Public Utilities Commission, the Idaho
State Legislature, or local, and county government. It shall be
the responsibility of the Customer to pay any such taxes that
subsequently become applicable retroactively.
A surcharge is imposed on all charges for service originating at
addresses in states which levy, or assert a claim of right to levy,
a gross receipt tax on the Company's operations in any such
state, or a tax on interstate access charges incurred by the
Effective: September - 2014
6833960.3
Issued: August - 2014
6.2.2
Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 13
Company for originating access to telephone exchanges in that
state. The surcharge will be shown as a separate line item on
the Customer's monthly invoice.
6.2.2.1. Universal Service Fund Surcharge (USF):
A surcharge is assessed on all access lines to contribute
towards funding an Idaho Universal Service Fund. The
Surcharge rate is established by the Commission and
will be assessed to each business and residential line.
6.2.2.2. Idaho Telecommunications Service Assistance Program
(rrSAP):
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 residential and business
access. Participating ITSAP customers are exempt
from this surcharge.
6.2.3 All service, installation, monthly Recurring Charges and Non-
Recurring Charges are due and payable upon receipt.
6.2.4 The Company shall present bills for Recurring and Usage
Charges monthly to the Customer, in arrears of the month for
which service is provided.
6.2.5 For new customers or existing customers whose service is
disconnected, the charge for the fraction of the month in which
service was fumished will be calculated on a pro rata basis.
For this purpose, every month is considered to have 30 days.
6.2.6 Amounts not paid within 30 days after the date of invoice are
considered past due and delinquent and are subject to Late
Payment Charges pursuant to section 6.7 of this price list.
6.2.7 A $20.00 charge will be assessed for checks with insufficient
funds or non-existing accounts.
6.2.8 The Customer shall pay all charges for use of the service by
any persons whether or not authorized by the Customer, except
in those instances where it has been determined that the
Customer's present and former employees, agents and
Effective: Septerrber - 2014
6833950.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
6.3
Original Sheet 14
authorized users were not responsible for calls billed to the
Customer via third party billing and the Company did not
veriff that the charges for the call would be accepted. The
Customer is not responsible for unauthorized use of service to
the extent such use is proximately caused by the Company's
willful or negligent act.
Disputed Bills
Any Customer who disputes a portion of a bill rendered for Company
services shall pay the undisputed portion of the bill and provide written
notice to the Company that such unpaid amount is in dispute within thirly
(30) days of receipt of the bill. If the Company does not receive such
written notice 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
constifute a waiver of the Customer's rights under the provisions of
IDAPA 31.41.01 .204 to challenge any billing amount due or paid to the
Company.
a) In the event a Customer and the Company cannot resolve a billing
dispute to their mutual satisfaction, the Customer may contact the
Idaho Public Utilities Commission and proceed in accordance with
the Idaho Public Utilities Commission's rules. The address and
telephone number for the Idaho PUC are:
Idaho Public Utilities Commission
P.O. Box 83720
Boise, lD 83720-0074
334-0300 (within the local calling area)
l-800-432-0369 (from outside the local calling area)
b) If the time when the error in preparation or malfunction of billing
equipment or failure to bill began cannot be reasonably
determined, the corrected billings shall not exceed the most recent
six (6) months before the discovery of the error or malfunction. If
the time when the malfunction or error or failure to bill began can
be reasonably determined, the corrected billings shall go back to
that time, but need not exceed the time provided by section 6l-642,
Idatro Code (three (3) years).
c) Once the billing dispute is resolved, the Customer shall submit
payment of any outstanding amounts deemed due to the Company
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6.4
Original Sheet 15
within five (5) working days of notification of the amount due, or
as ordered by the Idaho Public Utilities Commission or court.
Complaints
6.4.1 Conference
Upon receiving a complaint or request for conference, the
Company shall promptly, thoroughly and completely
investigate the complaint, confer with the Customer or
applicant when requested, and notifu the Customer or applicant
of the results of its investigation and make a good faith attempt
to resolve the complaint. The oral or wriffen notification shall
advise the Customer or applicant that the Customer or
applicant may request the Commission to review the
Company's proposed disposition of the complaint.
Record of Complaints
The Company shall keep a record of written complaints and
requests for conferences pursuant to IDAPA 31.41.01.401 and
402. These records shall be retained for a minimum of one
year at office of the Company where the complaints were
received or where conferences were held. The records shall be
readily available upon request by the complaining Customer or
applicant, the Customer or applicant's agent possessing written
authorization, or the Commission. The records must note
whether the Customer was advised as required by pursuant to
IDAPA 31.41.01.401.03 that the Customer or applicant may
request the Commission to review the Company's proposed
disposition of the complaint.
When directed by the Commission, the Company shall submit
a report to the Commission that states and classifies the number
of complaints made to the Company pursuant to IDAPA
31.41.01.401 and 40, and the general subject matter of the
complaints.
6.4.2
Advance Payments
To safeguard its interests, the Company may require a Customer to make
an Advance Payment before services and facilities are fumished. The
Advance Payment will not exceed an amount equal to the Non-Recurring
Charge (s) and two months' charges for the service or facility. In addition,
6.s
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6.6
Original Sheet 16
where special construction is involved, the Advance Payment may also
include an amount equal to the estimated Non-Recurring Charges for the
special construction and Recurring Charges (if any) for a period to be set
between the Company and the Customer. The Advance Payment will be
credited to the Customer's initial bill.
Allowances for Intemrptions of Service
A credit allowance will be given for intemrptions of service subject to the
provisions of this section.
6.6.1 Credit for Service Intemrptions:
When the use of service or facilities furnished by the Company
is intemrpted due to any cause other than the negligence or
willful act of the Customer, or the operation or failure of the
facilities or equipment provided by the Customer, the
Company will credit the Customer's account as further defined
in subsection 7.4 of section 7. If the Customer reports a
service, facility or circuit to be inoperative but declines to
release it for testing and repair, it is considered to be impaired,
but not intemrpted. Only those facilities on the intemrpted
portion of the circuit will receive a credit.
6.6.2 Limitations onAllowances
No credit allowance will be made for:
a) intemrptions due to the negligence of, or noncompliance
with the provisions of this price list by, the Customer,
Authorized User, Joint LJser, or other common carrier
providing service connected to the service of Company;
b) intemrptions due to the negligence of any person other than
the Company including but not limited to the Customer or
other common carriers connected to the Company's
facilities;
c) intemrptions due to the failure or malfunction of non-
Company equipment;
d) intemrptions of service during any period in which the
Company is not given full and free access to its facilities
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6.7
Original Sheet 17
and equipment for the purpose of investigating and
correcting intemrptions ;
e) intemrptions of service during a period in which the
Customer continues to use the service on an impaired basis;
0 intemrptions of service during any period when the
Customer has released service to the Company for
maintenance purposes or for implementation of a Customer
order for a change in service arrangements;
g) intemrptions of service due to circumstances or causes
beyond the control of the Company.
6.6.3 Use of Alternative Service Provided by the Company:
Should the Customer elect to use an alternative service
provided by the Company during the period that a service is
intemrpted, the Customer must pay the price listed rates and
charges for the alternative service used.
Late Payment Charges
A Late Payment Charge of one and a half percent (l %%) will apply to
each Customer bill when the previous month's bill has not been paid in
fuIl, Ieaving an unpaid balance carried forward. The late payment charge
is applied to the total unpaid amount carried forward and is included in the
total amount due on the current month's bill. The amount of the late
payment penalty shall be indicated on the Customer's bill.
Partial Payments
6.8.1 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.
6.8.2 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.
6.8
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6.8.3
6.8.4
6.8.5
6.8.6
6.8.7
Original Sheet l8
Payments are to be applied to the undisputed balance owed by
the Customer. A Customer may designate how a payment
insuffrcient 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 IDAPA.3l.4l.01 Rule 306.06.] Such
payments shall be applied first to the oldest undisputed
balances.
The Company shall notifr the Customer of its procedures for
allocating partial payments in its summary of the Idaho Public
Utilities Commission Rules available in its local office and in
its written notice regarding discontinuance of service provided
to the Customer under this price list. In discussing or
negotiating payment arrangements, the Company shall advise
the Customer what amount of payment the customer shall
allocate to local exchange service or to MTS service or other
services in order to prevent the termination of those services.
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.
No payment arrangement binds a customer if it requires the
Customer to forego any right provided for in the Idaho Public
Utilities Commission's Rules.
A Customer's failure to pay for undisputed MTS charges billed
by the Company may result in loss of 0+ or 0- and l+ dialing
access to MTS services until such time as the customer pays
the disputed charges and applicable reconnection charges, if
any.
Customer failure to pay undisputed charges for other services
may result in discontinuance of those services.
6.9 Moves, Add and Changes
Upon written request from the Customer, the Company will transfer an
existing service from one location to another location served by the
Company, change from one class of service to another, or add additional
services or features to specific lines and equipment. The Company may
charge the Customer a non- recurring charge for such service.
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Section 7.
Original Sheet 19
SERVICE OUTAGES
7.1 Definition
Service Outage - when a Customer's local telephone service quality
deteriorates to such an extent that the Customer cannot make local calls or
cannot make local calls or cannot receive local calls or cannot use the
service for voice grade communication because of cross-talk, static, or
other transmission problems, the Company will respond to a Customer's
report of as a "service outage" and proceed in accordance with this
section.
7.2 Receipt and Recording of Reports
The Company shall provide for the receipt of Customer trouble reports at
all hours and make a full and prompt investigation of and response to all
reports. The Company shall maintain an accurate record of trouble reports
made by its Customers. The record shall include accurate identification of
the Customer or service affected, the time, date, and nature of the report,
the action taken to clear the trouble or satisfr the Customer, and the time
of trouble clearance or other disposition. The record shall be available to
the Commission or its authorized representatives upon request at any time
within five years of the date of a record.
7.3 Repair Service Standards
When informed by a Customer of a service outage as defined by
subsection 7.1 of this section, the Company shall:
a) restore service within sixteen (16) hours after the report of the
outage if the Customer notifies the Company that the service
outage creates an emergency for the Customer; or
b) restore service within twenty-four (24) hours after the report of the
outage if no emergency exists, except that outages reported
between noon on Saturday and 6:00 p.m. on the following Sunday
must be restored within 48 hours or by 6:00 p.m. on the following
Monday, whichever is sooner.
7.4 Failure to Restore Service in a Timely Manner
If the Company does not restore service within the times set out by
subsection 7.3 of this section, the Company shall credit the Customer's
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Original Sheet 20
account for an amount equal to the monthly rate for one (l) month of basic
local exchange service unless:
a) the Customer fails to keep an appointment with the Company that
was agreed to between the Company and the Customer when the
original commitment was made;
b) the disruption of telephone service was caused by natural disaster
or other causes not within the Company's control affecting large
groups of Customers;
c) conditions exist where the personal safety of a repair technician
would be jeopardized and the Company has used reasonable
judgment and diligence to restore service, giving due regard for the
needs of various Customers and the requirements of the
telecommunications service priority program order in FCC Docket
88-341 (47 C.F.R. Part64, Appendix A);
d) the Customer causes the Customer's own service outage;
e) the Customer does not make a reasonable effort to arange a repair
visit within the service restoration deadline; or
f) the Company determines that the outage is attributable to the
Customer's own equipment or inside wire.
Section 8. REFUSAL, DISCONNECTION OR TERMINATION OF SERVICES
8.1 General
If the Company intends to deny an available service to an applicant, the
Company will provide the applicant with a written explanation of its
refusal to serve. The written explanation shall include:
a) the reasons for the denial of the service;
b) actions the applicant may take in order to receive the denied
service; and
c) a statement that an informal or formal complaint concerning denial
of the service may be filed with the Company or with the Idaho
Public Utilities Commission.
8.1.1 Grounds for Refusal to Establish Service
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6833960.3
Original Sheet 2l
The Company may refuse to establish service if any of the following conditions
exist:
a) the applicant has an outstanding amount due for similar
utility services and the applicant is unwilling to make
acceptable arrangements with the Company for payment;
b) a condition exists that, in the Company's judgment, is
unsafe or hazardous to the applicant, the general
population, or the Company's personnel, agents or
facilities;
c) the applicant refuses to provide the Company with a
deposit after having failed to meet the credit criteria for
waiver of deposit requirements;
d) the applicant is known to be in violation of the Company's
price lists filed with the Commission;
e) failure of the applicant to furnish such funds, suitable
facilities, and/or rights-of-way which have been specified
by the Company as necessary to and a condition for
providing service to the applicant; or
0 the applicant has falsified his/trer identity for the purpose of
obtaining service.
8.2 With Written Notice to the Customer
Except as otherwise specified in this price list or Idaho PUC rules, the
company ffioy, upon reasonable written notice to the Customer,
discontinue services for any of the following reasons:
a) for nonpayment of any undisputed amounts owing to the
Company;
b) the premises have been vacated by the Customer;
c) for tampering with the Company's property;
d) for violation of rules, service agreements, or filed price lists;
e) for use of Customer equipment which adversely affects the
Company's property, facilities, or services to its other Customers,
or upon condemnation of any material portion of the facilities used
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8.3
Original Sheet 22
by the Company to provide service to a Customer, or if a casualty
renders all or any material portion of such facilities inoperable
beyond feasible repair; or
0 for any govemmental prohibition, or required alteration of the
services provided, or any violation of any applicable law or
regulation, or unlawful use of service or use of service for unlawful
purposes, the Company may immediately discontinue or suspend
service; or
g) for fraudulent obtaining or use of service, including, but not
limited to:
1) providing false information to the Company regarding the
Customer's identity, address, creditrvorthiness, or current
or planned use of common cofilmunications;
2) using or affempting to use service by rearranging,
tampering with, or making connection to the Company's
service where not authorizedby this price list;
3) using tricks, schemes, false or invalid numbers, false credit
devices, electronic devices; or
4) any other fraudulent means or device.
Whenever a fraudulent obtaining or use of a service is detected, the
Company may discontinue service without notice, as described in 9.2 of
this price list; provided, however, that if the Customer makes immediate
payment for the estimated amount due for the service that had been
fraudulently obtained, and for all costs resulting from such fraudulent use,
the Company may choose to continue such service, subject to any
applicable deposit requirements.
Without Written Notice to the Customer
The Company may deny or discontinue the furnishing of any and/or all
service(s) to a Customer immediately and without prior notice to the
Customer and without the Customer's permission for one or more of the
following reasons:
a) Dangerous Condition. A condition immediately dangerous or
hazardous to the life, physical safety, or property exists, or it is
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8.4
Original Sheet 23
necessary to prevent a violation of federal, state or local safety or
health codes.
b) Ordered to Terminate Service. The Company is ordered to
terminate service by any court, the Idaho PUC, or any other duly
authorized public authority.
c) Services Obtained Illegally. The service(s) was (were) obtained,
diverted or used without the authorization or knowledge of the
Company.
d) Customer Unable to be contacted. The Company has tried
diligently to provide reasonable notice to the Customer, but has
been unsuccessful in its attempt to contact the Customer.
e) Misrepresentation of Identity. The customer has misrepresented
the customer's identity for purposes of obtaining telephone service
and has no or inadequate security deposit on file with the Company
and has an outstanding bill exceeding one hundred ($100) dollars.
Upon Customer Request
The Company will, upon Customer request, discontinue or suspend
services due to the Customer's:
a) insolvency;
b) assignment for the benefit of creditors;
c) filing for bankruptcy or reorganization; or
d) failure to discharge an involuntary petition in bankruptcy within
the time permitted by law.
If Rule 402 Complaint is Pending
Except as authorized by order of the Idaho PUC or of the Judiciary, local
exchange service shall not be terminated for failure to pay amounts in
dispute while a complaint regarding that telephone service and properly
filed pursuant to IDAPA 31.41.01.402 is pending before the Idatro PUC,
or while a case placing at issue payment for that telephone service is
pending before a court in the State of Idaho.
The suspension or discontinuance of service(s) by the Company pursuant
to this Section does not relieve the Customer of any obligation to pay the
8.5
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8.6
Original Sheet 24
Company for charges due and owing for service(s) furnished during the
time of or up to suspension or discontinuance.
Upon the Company's discontinuance of service to the Customer under
Section 8, all applicable charges, including termination charges, shall
become due. This is in addition to all other remedies that may be
available to the Company at law or in equity or under any other provision
of this price list.
Cancellation of Application for Service
8.6.1 Applications for service are non-cancelable unless the
Company otherwise agrees. Where the Company permits
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 the Company incurred, less salvage,
shall apply, but in no case shall this charge exceed the sum of
the charge for the minimum period of service ordered,
including installation charges, and all charges others levy
against the Company that would have been chargeable to the
Customer had service begun.
The special charges described in 8.6.1 and 8.6.2 will be
calculated and applied on a case-by-case basis.
8.6.2
8.6.3
Termination of Service Contract
8.7.l After the expiration of the initial contract period, and if no new
contract period is agreed upon, in writing, by the Company and
the Customer, the service contract will be automatically
renewed for an additional one (l) year term at the current rate
for that term period. Service may be terminated upon sixty
(60) days advance notice to the Company. The Customer shall
be responsible for payment of all charges due to the date of
termination of the service, including termination charges
calculated from the date of disconnect to the expiration of the
contract term.
8.7
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8.8
Original Sheet 25
8.7.2 If a Customer cancels a Service Order or terminates services
before the completion of the term for any reason whatsoever
other than a service intemrption (as defined in 6.6.1 above),
Customer agrees to pay to the Company following sums which
shall become due and owing as of the effective date of the
cancellation or termination and be payable within the period set
forth in 6.2.2: all costs, fees and expenses reasonable incurred
in connection with
1) All Non-Recurring Charges reasonably expended by
Company to establish service to Customer, plus
2) any disconnection, early cancellation or termination
charges
3) reasonably incurred and paid to third parties by Company
on behalf of Customer, plus
4) all Recurring Charges specified in the applicable Service
Order price list for the balance of the then current term.
8.7.3 The Customer may terminate service prior to the expiration of
the term if the Customer orders a new service through the
Company for a specific length of service and a minimum
monthly billing commitnent exceeding the original agreement.
The former service will terminate on the start date of the new
service.
Restoration of Service After Termination for Non-Payment
A reconnection charge of $50.00 shall be imposed on any Customer whose
service has been discontinued pursuant to the provisions of this price list.
The Company reserves the right to impose additional advance payment
and/or deposit requirements on such Customers prior to restoration of
service, and to refuse to restore service until all amounts due have been
paid.
Should the Customer request that service be restored during a period other
than regular working hours, such as evenings or weekends; the Customer
may be required to pay an after-hour charge of $150.00 for service
reconnection.
Service Termination8.9
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Section 9.
Original Sheet 26
Unless otherwise provided by this price list or as required by the
Commission or other local, state, or federal authorities, the Company will
not terminate service to a Customer until a minimum of twenty-four (24)
hours after notice or a diligent attempt to notify the Customer.
8.9.1 Seven-Day Notice
Except as otherwise provided under the provisions of IDAPA
31.41.01.303.04, the Company will mail to the Customer
written notice of termination at least seven (7) calendar days
before the proposed date of termination. The written notice
will contain the information required by IDAPA 31.41.01.306.
8.9.2 Twenty-Four-HourNotice
At least twenty-four (24) hours before actual termination, the
Company will diligently attempt to contact the Customer
affected to apprise the Customer of the proposed action and the
steps to take to avoid or delay termination. Oral notice will
contain the same information required by IDAPA
31.41.01.306.
8.9.3 Additional Notice
If the Company does not terminate service within twenty-one
(21) days after a proposed termination date as specified in
written notice, and the matter is not the subject of a pending
complaint before the Idaho Public Utilities Commission, or if
other arrangements have not been made with the customer, the
Company will again make a diligent effort to contact the
Customer of the proposed action as specified in subsection
8.9.2 related to Twenty-Four-Hour Notice. If the Company has
not terminated service within twenty-eight (28) days of mailing
a written notice of termination, but still intends to terminate,
the Company will again issue a written notice as set out by
subsection 8.9.1 of this price list, related to Seven-Day Notice.
TRANSFERS AND AS SIGNMENTS
The Company may, without obtaining any further consent from the Customer,
assign or transfer its rights, privileges or obligations under this price list to any
subsidiary, parent company or affiliate of the Company; pursuant to any sale or
transfer of some or all the assets of the Company; or pursuant to any financing,
merger or reorganization of the Company.
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Section 10.
Section I l.
Original Sheet 27
The Customer may, upon prior written consent of the Company, which consent
shall not be unreasonably withheld, assign it's 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 of the business of the
Customer; or pursuant to any financing, merger, or reorganization of the
Customer.
NOTICES AND COMMUNICATIONS
10.1 The Customer shall designate on the Service Order an address to which
the Company shall mail or deliver all notices and other communications,
except that Customer may also designate a separate address to which the
Company's bills for service shall be mailed.
10.2 The Company shall designate on the Service Order an address to which
the Customer shall mail or deliver all notices and other communications,
except that Company may designate a separate address on each bill for
service to which the Customer shall mail payment on that bill.
10.3 All notices or other communications required to be given pursuant to this
price list will be in compliance with Commission rules. 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 deposit 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.
10.4 The Company or the Customer shall advise the other parfy of any changes
to the addresses designated for notices, other communications or billing,
by following the procedures for giving notice set forth herein.
10.5 The Company shall give 'public notice" of all proposed changes in rates.
Public notice must be reasonably designed to call affected Customer's
attention to the proposed changes in rates. Legal advertisement alone will
not be considered adequate public notice. Individual notice to all
Customers affected will always constitute public notice.
REGULATIONS
I l.l Undertaking of the Company
ll.1.l Scope
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Original Sheet 28
The Company undertakes to fumish communications service
pursuant to the terms of the price list.
The services offered herein may be used for any lawful
purpose. There are no restrictions on sharing or resale of the
Company's services. However, the Customer remains liable
for all obligations under this price list even if such sharing or
resale agreements exist regardless of the Company's
knowledge of these arrangements. If service is jointly ordered
by more than one customer, each is jointly and severably liable
for all obligations.
Customers may use services and facilities provided under this
price list to obtain access to services offered by other service
providers only when authorized by and in accordance with the
terms and conditions of any price lists of such other service
provider. The Company is responsible under this price list
only for the services and facilities provided herein, 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.
The services of the Company are fumished for the transmission
of voice communications but may also be used for data,
facsimile, signaling, metering, or other similar
communications, subject to the transmission capabilities of the
technologies or combination of technologies available. Service
is available twenty-four hours aday, seven days a week.
ll.l.2 Shortage of Equipment or Facilities
ll.l.2.l. The Company reseryes the right to limit or allocate the
use of existing facilities, or of additional facilities
offered by the Company when necessary because of
lack of facilities or due to any cause beyond the
Company's control.
11.1.2.2. 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 fiber optic cable facilities as well as
facilities the Company may obtain from other carriers,
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Original Sheet 29
from time to time, to furnish service as required at the
sole discretion of the Company.
I Ll.3 Terms and Conditions
11.1.3.1. Except as otherwise provided herein, service is
provided and billed on the basis of a minimum period
of at least one month, and shall continue to be provided
until canceled by the Customer, in writing, on not less
than sixty (60) days notice. Unless otherwise specified
herein, for the pu{pose of computing charges in this
price list, a month is considered to have 30 days. All
calculations of dates set forth in this price list shall be
based on calendar days, unless otherwise specified
herein.
11.1.3.2. Customers may be required to enter into a written
Service Order which shall contain or reference the
na,me of the Customer, a specific description of the
service ordered, the rate to be charged, the duration of
the services, and the terms and conditions in this price
list.
11.1.3.3. At the expiration of the initial term specified in each
Service Order, or in any extension thereof, the service
contract will be automatically renewed for an additional
one (l) year term at the current rate for that term period
unless terminated by either party upon sixty (60) days
written notice. Any termination shall not relieve
Customer of its obligation to pay any charges incurred
under the Service Order and this price list prior to
termination. The rights and obligations that by their
nature extend beyond the termination of the term of the
Service Order shall survive such termination.
11.1.3.4. This price list shall be interpreted and governed by the
laws of the State of Idatro.
11.1.3.5. Another telephone company must not interfere with the
right of any person or entity to obtain service directly
from the Company.
11.1.3.6. The Customer has no property right to the telephone
number or any other call number designation associated
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Original Sheet 30
with services furnished by the Company. The
Company reserves the right to change such numbers, or
the central offrce designation associated with such
numbers, or both, assigned to the Customer, whenever
the Company deems it necessary to do so in the conduct
of its business.
11.1.3.7. The Customer agrees to operate Company-provided
equipment in accordance with instructions of the
Company or the Company's agent. Failure to do so will
void Company liability for intemrption of service and
may make the Customer responsible for damage to
equipment pursuant to section 11.1.3.8 below.
11.1.3.8. The Customer agrees to retum to the Company all
Company- provided equipment delivered to Customer
within five (5) days of termination of the service in
connection with which the equipment was used. Said
equipment shall be in the same condition as when
delivered to Customer, normal wear and tear only
excepted. Customer shall reimburse the Company,
upon demand, for any costs incurred by the Company
due to Customer's failure to comply with this provision.
11.1.4 Liability of the Company
Because the Customer has exclusive control of its
communications over the services furnished by the Company,
and because intemrptions and errors incident to these services
are unavoidable, the services the Company furnishes are
subject to the terms, conditions, and limitations specified in
this price list and to such particular terms, conditions, and
limitations as set forth in the special regulations applicable to
the particular services and facilities fumished under this price
list.
I l.l .4.1. The liability of the Company for damages arising out of
the fumishing of these services, including but not
limited to mistakes, omissions, intemrptions, delays, or
errors, or other defects, representations, or use ofthese
services or arising out of the failure to furnish the
service, whether caused by acts of commission or
omission, shall be limited to the extension of
allowances as set forth in the section of this price list on
Effective: Septe,mber - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 83709
Original Sheet 3l
Allowances for Intemrptions in Service. The extension
of such allowances for intemrption shall be the sole
remedy of the Customer, authorized user, or joint user
and the sole liability of the Company.
11.1.4.2. The Company shall not be liable or responsible for any
direct, indirect, incidental, special, consequential,
exemplary, lost profits, or punitive damages to the
Customer as a result of any Company service,
equipment or facilities, or the acts or omissions or
negligence of the Company's employees or agents.
11.1.4.3. The Company shall not be liable for any failure of
performance or equipment due to causes beyond its
control, including but not limited to: acts of God, fire,
flood or other catastrophes; any law, order, regulation,
direction, action, or request of the United States
Government, or of any other government, including
state and local governments having or claiming
jurisdiction over the Company, or of any department,
agency commission, bureau, corporation, or other
instrumentality of any one or more of these federal,
state, or local governments, or any civil or military
authority; national emergencies; insurrections; riots;
wars; unavailability of rights-of-way or materials; or
strikes, lock-outs, work stoppages, or other labor
diffrculties.
11.1.4.4. The Company shall not be liable for any act or omission
or defect of any entity furnishing services, facilities or
equipment used for or with the Company's services, to
the Company or to the Customer, or for the acts or
omissions of common carriers or warehousemen.
11.1.4.5. The Company shall not be liable for any damages or
losses due to the fault or negligence of the Customer or
due to the failure or malfunction of Customer provided
equipment or facilities.
11.1.4.6. The Company shall not be liable for the claims of
vendors supplying equipment to Customers of the
Company, which may be installed at premises of the
Company, nor shall the Company be liable for the
performance of said vendor or vendor's equipment.
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 32
11.1.4.7. The Company does not guarantee nor make any
warranty with respect to installations it provides for use
in an explosive atmosphere. The Customer indemnifies
and holds the Company harmless from any and all loss,
claims, demands, suits, or other action, or any liability
whatsoever, whether suffered, made, instifuted, or
asserted by any other party or person(s), and for any
loss, damage, or destruction of any property, whether
owned by the Customer or others, caused or claimed to
have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance,
removal, presence, condition, location, or use of any
installation so provided.
11.1.4.8. The Company is not liable for any defacement of or
damage to the premises of a Customer (or authorized or
joint user) resulting from the furnishing of services or
equipment on such premises or the installation or
removal thereof, when such defacement or damage is
not the result of negligence or willful misconduct on the
part of the agents or employees of the Company.
11.1.4.9. The Company shall not be liable for any damages
resulting from delays in meeting any service dates due
to delays resulting from normal construction
procedures. Such delays shall include, but not be
limited to, delays in obtaining necessary regulatory
approvals for construction, delays in obtaining right-of-
way approvals and delays in actual construction work.
11.1.4.10. The Company shall not be liable for any damages
whatsoever to property resulting from the installation,
maintenance, repair or removal of equipment and
associated wiring unless the damage is caused by the
Company's willful misconduct or negligence.
11.1.4.11. The Company shall be indemnified, defended and held
harmless by the Customer against any claim, loss,
expense, damage or liability arising from Customer's
use of services involving claims for libel, slander,
invasion of privacy, or infringement of copyright,
patent, trade secret, or proprietary or intellecfual
property right of any third party arising from any act or
omission by the Customer, including without limitation,
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Original Sheet 33
the Customer's own communications or use of the
Company's services and facilities in a manner not
contemplated by this price list or by any agreement
between the Customer and the Company.
The Company's entire liability, if any, for any claim,
loss, damage or expense from any cause whatsoever
shall in no event exceed sums actually paid the
Company by the Customer for the specific services
giving rise to the claim. No action or proceeding
against the Company shall be commenced more than
one year after the service is rendered. With respect to
the furnishing of Company's services to public safety
answering points or municipal emergency service
providers, the Company's liability, if any, will be
limited to the lesser of:
a) the actual monetary damages incurred and
proved by the Customer as the direct result of
the Company's action, or failure to act, in
providing the service; or
b) the sum of $1,000.00
In the event parties other than the Customer, including
but not limited to joint users and the Customer's
Customers, shall have use of the Company's service
directly or indirectly through the Customer, then the
Customer agrees to forever indemnify and hold the
Company harmless from and against any and all such
claims, demands, suits, actions, losses, damages,
assessments or payments which may be asserted by said
parties arising out of or relating to the Company's
fumishing of service.
11.1.4.12. The Company shall not incur any liability, direct or
indirect, to any person who dials or attempts to dial the
digits u9-l-1" or to any other person who may be
affected by the dialing of the digits "9-l-1".
II.1.4.13. THE COMPANY MAKES NO V/ARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED
EITHER IN FACT OR BY OPERATION OF LAW,
STAruTORY OR OTHERWISE, INCLUDING
Effectivel September - 2014
6833960.3
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Original Sheet 34
WARRANTIES OF MERCFIANTABILITY OR
FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
11.1.5 Notification ofService-AffectingActivities
The Company will provide the Customer reasonable notification of service-
affecting activities that may occur in normal operation of its business. Such
activities may include, but are not limited to, equipment or facilities additions,
removals or reilrangements and routine preventative maintenance. Generally,
such activities are not specific to an individual Customer but affect many
Customer services. No specific advance notification period is applicable to all
service activities. The Company will work cooperatively with the Customer to
determine the reasonable notifications requirements. With some emergency or
unplanned service-affecting conditions, such as outage resulting from cable
damage, notification to the Customer may not be possible.
I1.1.6 Provision of Equipment and Facilities
11.1.6.1. The Company shall use reasonable efforts to make
available services to a Customer on or before a
particular date, subject to the provisions of and
compliance by the Customer with, the regulations
contained in this price list. The Company does not
guarantee availability by any such date and shall not be
liable for any delays in commencing service to any
Customer.
11.1.6.2. The Company shall use reasonable efforts to maintain
facilities 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 installed by
the Company, except upon the written consent of the
Company.
11.1.6.3. Equipment or facilities installed at the Customer
Premises for use in connections with the services the
Company offers shall not be used for any purpose other
than that for which the Company provided it.
11.1.6.4. The Company shall not be responsible for the
installation, operation, or maintenance of any Customer
provided communications equipment. Where such
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6833960.3
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Original Sheet 35
equipment is connected to the facilities furnished
pursuant to this price list, the responsibility of the
company shall be limited to the fumishing of facilities
offered under this price list and to the maintenance and
operation of such facilities. Beyond this responsibiliry
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
d) the reception of signals by Customer provided
equipment; or network control signaling where
such signaling is performed by Customer-
provided network control signaling equipment.
Non-routine Installation
At the Customer's request, installation and/or maintenance may
be performed outside the Company's regular business hours or
in hazardous locations. In such cases, charges based on cost of
the acfual labor, material, or other costs incurred by or charged
to the Company will apply. If installation is started during
regular business hours but at the Customer's request, extends
beyond regular business hours into time periods including, but
not limited to, weekends, holidays, and/or night hours,
additional charges may apply.
Special Construction
Subject to the agreement of the Company, special construction
of facilities may be undertaken on a reasonable effort basis at
the request of the Customer. Special construction may include
that construction undertaken:
b) where facilities are not presently available;
c) of a type other than that which the Company would
normally utilize in the fumishing of its service;
d) over a route other than that which the Company would
normally utilize in the fumishing of its services;
c)
tt.t.7
I 1.1.8
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6833960.3
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Original Sheet 36
e) in a quantity greater than that which the Company would
normally utilize of its services;
0 on an expedited basis;
g) on a temporary basis until permanent facilities are
available;
h) involving abnormal costs; or
i) in advance of normal construction.
Special construction will be undertaken at the discretion of the
Company consistent with budgetary responsibilities and
consideration for the impact on Company's other Customers
and contractual responsibilities.
If required by the Company, the Customer shall make an
advance payment before services are fumished and such
advance payment will be credited to the Customer's initial bill.
The Company may require such an advance payment, in
addition to a deposit, when additional costs are incurred to
perform special or extraordinary construction to provide
services required by the Customer.
11.1.9 Selection of Transmission
The Company selects and/or arranges for directly or with its
underlying carrier(s) the channels and/or service components
and underlying network facilities used to provide service. The
Company may modifu or change the channels, service
components and underlying Company facilities or the
underlying Company facilities or the underlying carrier at arry
time subject to Part 68 of the FCC's Rules and Regulations and
this price list.
I 1 .1 .10 Ownership of Facilities
Title to all facilities, equipment, related plans and proposals,
provided by the Company in fumishing service, remains with
the Company, its agents or contractors. Such facilities and
equipment, plans and proposals shall be returned to the
Company by the Customer whenever requested, within a
Effective: September - 2014
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Original Sheet 37
reasonable period following the request and in as good
condition as reasonable wear will permit.
I 1.1.1 I Telecommunications Service Priority
The Telecommunications Service Priority System is the
regulatory, administrative and operational system authorizing
and providing for priority treatment, to provide and restore
National Security Emergency Preparedness
Telecommunications service. Under the rules of the
Telecommunications Service Priority System, The Telephone
Company is authorized and required to provide and restore
services with Telecommunications Service Priority
assignments before services without such assignments. The
provision and restoration of Telecommunications Service
Priority System services shall be in compliance with Part 64,
Appendix A, of the Federal Communications Commission's
Rules and Regulations, the guidelines set forth in the
Telecommunications Service Priority for National Security
Emergency Preparedness Service User Manual and Service
Vendor Handbook.
Govemment Authorization
The provision of the Company's services is subject to and
contingent upon the Company obtaining and retaining all
governmental authorizations that may be required. The
Company shall be entitled to take any action necessary to bring
its facilities and/or services into conformance with any
requirement or request of the Federal Communications
Commission or other goveming entity or agency.
Rights of Way
tt.t.t2
I 1.1.13
Provisioning of the Company's services is subject to and contingent upon the
Company's ability to obtain and maintain rights-of-way and access to public and
private property necessary for installation of the facilities used to provide the
Company's services to the Customer's service point as agreed to by the Company.
ll.2 Prohibited Uses
ll.2.l The service the Company offers shall not be used for any
unlawful purpose or for any use as to which the Customer has
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Original Sheet 38
not obtained all required govemmental approvals,
authorizations, licenses, consents and permits.
11.2.2 The Company may require a Customer to immediately shut
down its transmission of signals if said transmission is causing
interference to others.
I1.3 Enhanced 9ll
The Company will provide the necessary information for appropriate
routing of E9l I calls.
ll.4 Obligations of the Customer
11.4.1 General
The Customer shall be responsible for:
a) payment of all applicable charges pursuant to this price list;
b) reimbursing the Company for damage to, or loss ol 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's premises, unless caused by the negligence or willful
misconduct of the employees or agents of the Company. The
Company will, upon reimbursement for damages, cooperate with
the Customer in prosecuting a claim against the person causing
such damage and the Customer shall be subrogated to the
Company's right of recovery of damages to the extent of such
payment.
c) 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
conditioning necessary to maintain the proper operating
environment on such premises;
d) obtaining, maintaining, and otherwise having full responsibility for
all rights-of-way and conduit necessary for installation of fiber
optic cable and associated equipment used to provide local
exchange service to the Customer from the cable building entrance
or property line to the location of the equipment space described in
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5833950.3
Original Sheet 39
I I .3. 1 (c). Any costs associated with the obtaining and maintaining
the rights-of-way described herein, including the costs of altering
the structure to permit installation of the Company-provided
facilities, shall be 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;
e) providing a safe place to work and complying with all laws and
regulations regarding the working conditions on the premises at
which Company employees and agents shall be installing or
maintaining the Company's facilities and equipment. The
Customer may be required to install and maintain Company
facilities and equipment within a hazardous area il in the
Company's opinion, inju.y or damage to the Company's
employees or property might result from installation or
maintenance by the Company. The Customer shall be responsible
for identifuing, monitoring, removing and disposing of any
hazardous material (e.g. friable asbestos) prior to any construction
or installation work;
f) 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; 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;
g) not creating or allowing to be placed or maintained any liens or
other encumbrances on the Company's equipment or facilities; and
h) making Company facilities and equipment available periodically
for maintenance purposes at a time agreeable to both the Company
and the Customer. No allowance for intemrptions in service will
be made for the period during which service is intemrpted for such
purposes.
11.4.2 Indemnification
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Original Sheet 40
With respect to any service, equipment or facility provided by
the Company, Customer shall indemnifr, defend and hold
harmless the Company from and against all claims, actions,
damages, liabilities, costs and expenses, including reasonable
attomeys' fees for:
a) any loss, destruction or damage to property of the Company
or any third party, or the death of or injury to persons,
including, but not limited to, employees or invitees of
either the Company or the Customer, to the extent caused
by or resulting from the negligent or intentional act or
omission of the Customer, its employees, agents,
representatives or invitees; or
b) any claim, loss damage, expense or liability for
infringement of any copyright, patent, trade secret, or any
proprietary or intellectual property right of any third party,
arising from any act or omission by the Customer,
including, without limitation, use of the Company's
services and facilities in a name not contemplated by the
price list or any agreement between the Customer and the
Company.
I1.5 Customer Equipment and Channels
1 1.5.1 General
A Customer may transmit or receive information or signals via
the facilities of the Company.
11.5.2 StationEquipment
11.5.2.1. The Customer is responsible for providing and
maintaining any terminal equipment on the Customer
premises that is not a part of the service(s) that the
Company provides. The electric power consumed by
such equipment shall be provided by, and maintained at
the expense of, the Customer. All such terminal
equipment must be registered with the FCC under 47
C.F.R., Part 68 and all wiring must be installed and
maintained in compliance with those regulations;
however, where prior notice is not practicable, nothing
contained herein shall be deemed to impair the
Company's right to discontinue forthwith the use of a
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Original Sheet 4l
service temporarily if such action is reasonable under
the circumstances. In case of such temporary
discontinuance, the Customer will be promptly notified
and given ten days to take the action necessary to
correct the condition that gave rise to the temporary
discontinuance and notiff 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. During such period of temporary discontinuance,
credit allowance for service intemrptions as set forth in
Section 7 is not applicable.
11.5.2.2. 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 other persons. Any
additional protective equipment required to prevent
such damage or injury shall be provided by the
Company at the Customer's expense.
11.5.3 Interconnection ofFacilities
11.5.3.1. Any special interface equipment necessary to achieve
compatibility between the facilities and equipment of
the Company used for fumishing communication
services and the channels, facilities, or equipment of
others may be provided at the Customer's expense.
11.5.3.2. 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.
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6833960.3
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Original Sheet 42
11.5.3.3. Facilities furnished under this price list may be
connected to Customer provided terminal equipment in
accordance with the provisions of this price list.
11.5.4 Inspections
11.5.4.1. Upon reasonable 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 11.5.2.2 for the installation, operation, and
maintenance of Customer-provided facilities and
equipment to Company-owned facilities and equipment.
No credit will be allowed for any intemrptions
occurring during such inspections.
11.5.4.2. 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 notiff 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 notiff 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. The Company will, upon request 24 hours in
advance, provide the Customer with a statement of
technical parameters that the Customer's equipment
must meet.
I1.6 Conflicts between Price List and Commission Rules
If this price list contains provisions that deny or restrict a Customer's
rights otherwise protected by Commission rules, Commission rules
supersede any conflicting tariff or price list provisions that deny or restrict
any of those rights, unless otherwise ordered by the Commission, court
order, or stafute.
ll.7 Exculpatory Clause
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Section 12.
Original Sheet 43
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should
be upheld in a court of law. Acceptance for filing by the Commission
recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
LOCAL EXCHANGE SERVICES
l2.l Application to Local Exchange Services
This section contains the regulations and rates applicable to the provision
of Residential and Business Local Exchange Services by Westel Fiber.
12.2 General
Local Exchange Services provides the Customer with connection to the
public switched telecommunications network. [n addition, Local
Exchange Service provides the Customer with a unique telephone number
address on the public switched telecommunications network. Each Local
Exchange Service enables the customer to:
receive calls from other stations on the public telecommunications
network;
access other services offered by the Company as set forth in this
price list;
access certain interstate and international calling services provided
by the Company;
access the Company's operators and business offices for service
related assistance;
access emergency services by dialing 0- or 9-1-l
12.3 ServiceDescriptions
12.3.1 ResidenceService
Residence Service provides the Customer with 2-way
communications. It includes the following features as
standard: Abbreviated Dialing, Anonymous Call Rejection,
Call Block, Call Forward, Call Park, Call Pick- up, Call
Return, Call Transfer, Call Waiting, Caller ID, Do Not Disturb,
a)
b)
c)
d)
e)
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Original Sheet 44
Priority Call, Privacy Guard, Redial, 3-Way Conferencing and
Voice Mail. Customers subscribing to Residence Service are
required to pay the monthly rates for service, whether or not all
standard features are activated at initial installation. Optional
features are available for an additional charge.
12.3.1.1. Availability
Residential Service will only be offered to customers
that are on the fiber network provided by the Company.
This is referred to as on-net.
12.3.2 Business Service
A Business Line delivered over the Company's system
provides the Customer with 2-way communications.
12.3.2.1. Availability
The Company is generally offering Business Service to
customers who purchase high-speed Internet or multiple
services from the Company on an individual case basis
[CB) under contract.
Reserved for Futwe Use
12.3.3 Standard Residence Service Features
a) Abbreviated Dialing
AIIows you to program and store a local or long distance call to
a l or2digitnumber.
Altemate Call
b) Anonymous Call Rejection
Prevents calls from ringing into your home if the caller's line is
blocked.
c) Call Block
Allows you to block calls from unwanted callers
d) Call Forwarding All Calls
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6833960.3
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Original Sheet 45
Allows you to forward both busy and no answer calls to the
same number or to forward just a select call.
e) Call Park
Allows you to place a call on hold and retrieve the call from
another phone.
Call Hold
f) Call Pick-up
Allows you to place a call on hold and answer another line
from your phone.
g) Call Retum
Allows you to call back the last number that called you.
h) Call Transfer
Allows you to transfer a call on your line to another line. You
may perform a blind transfer or stay on the line to announce the
caller.
D Call Waiting
Allows you to take a second incoming call and toggle back and
forth between the two calls while only having one line. A tone
alerts you to the second incoming call. You may also cancel
this feature.
j) Caller Identification - Name & Number
Allows you to see the name and number calling you on a
telephone equipped with a Caller ID display.
k) Do Not Disturb
Allows you to busy out your phone.
D Priority Call
Allows you to program numbers that you want to ring your
phone distinctively when they call
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Original Sheet 46
12.3.4
m) Privacy Guard
Allows you to screen callers that have no Caller ID before the
call is delivered to your telephone. Callers are asked to record
their name and enter a password before the call is delivered to
your telephone.
n) Redial
Allows you to redial the last number that you dialed
o) 3-Way Conferencing
Allows you to add, or conference another party into an existing
call or conversation.
Directory Hunting Link
p) Voice Mail
Allows the system to answer your calls when you are busy or
unavailable and do not answer. Your callers are presented with
your personal greeting and an opportunity to leave you a
message.
Optional Residence Service Features
a) Automated Attendant
b) Fax line
c) Voice Mail Box
12.4 Directory Services
The Company will provide customer directory listings to the local
exchange company for publication.
a) Additional Listing
A listing provided in addition to the primary or main listing on a telephone
service. It is provided in the same directory as the primary listing.
b) Primary Directory Listing
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Original Sheet 47
A primary directory listing provides essential information in the telephone
directory or Directory Assistance record that allows telephone users to
determine the telephone number of a listed customer. Each primary
residential service is entitled to a listing appearance in the alphabetical
section of the directory at no additional charge.
c) Non-Published Service
Non-Published service prevents your listing from appearing in the
telephone directory or on Directory Assistance.
d) Non-Listed Service
Non-Listed service prevents your listing from appearing in the telephone
directory but allows it to be available through Directory Assistance.
e) Alpha Listing
An Alpha listing is an additional listing with an alphabetic translation of
the end-user's telephone number in the white pages.
12.5 Rates and Charges
Residence Service
Effective: September -2014
Residence Service Plans Installation Monthlv Local Lons
Fee Rate Callins Distance
Residence Standard Line
Plan: includes I line, all
standard features, 1 voice
mail box and unlimited local
callins
s0.00 926.9s Unlimited $0.03/min
Additional Residence
Standard Line
$0.00 $19.9s Unlimited $0.03/min
Residence Unlimited Line
Package
$0.00 $46.9s Unlimited Unlimited
Additional Residence
Unlimited Line
$0.00 $39.9s Unlimited Unlimited
Premise Visit Set-up Fee $37.s0
No-Premise Visit Required Free
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6833960.3
Residence Bundles-include
lnternet
Installation Monthly Local Long Bandwidth
and all standard features
above
Fee Rate Calling Distance
The Prime $0.00 $51.95 Unlimited $0.03/min 1OMb
The Advancedl s0.00 $59.9s Unlimited $0.03/min 14Mb
The Premier s0.00 $66.9s Unlimited S0.03/min 17Mb
The Executive s0.00 $t r9.95 Unlimited Unlimited 3oMb
Elite $0.00 $64.95 Unlimited $0.03/min 5oMb
Wam $0.00 s76.9s Unlim ted $0.03/m n TOMB
SOHO Prime + Fax $0.00 $6s.9s Unlim ted $0.03/m n 1OMb
SOHO Advanced + Fax $0.00 $73.95 Unlim ted $0.03/m n 14Mb
SOHO Premier *Fax $0.00 $79.95 Unlim ted $0.03/m n 17Mb
SOHO Executive + Fax $0.00 $139.9s Unlim ted Unlimited 3OMb
SOHO Elite + Fax $0.00 $78.9s Unl m ted $0.03/m n 5OMB
SOHO Waro + fax $0.00 $89.9s Unl m ted $0.03/m n TOMB
Premise Visit Set-up Fee $37.s0
No-Premise Visit Required Free
Business Service lnstallation Monthlv
Fee Rate
Business services are
negotiated on an individual
case basis (ICB) under
contract.
ICB ICB
Miscellaneous Installation Monthly Local Long Bandwidth
Fee Rate Calline Distance
Additional Numbers Free
Reserved Numbers Free
Service Order Charge, per
order
Pass
Throush
NA
LD Provider Change Only,
per line
Pass
Throush
NA
Add a Fax Line $37.s0 $14.00 Unlimited NA
Add Unlimited LD. per Line Free sl9.9s
Intemet Stand-Alone Free $34.9s NA NA lOMB
Original Sheet 48
I The foflowing products are no longer offered by the Company to new customers but are retained on this
price list as existing customers continue to receive telecommunication services under these products:
The Advanced, the Premier; The Executive, SOHO Advanced + Fax; SOHO Premier + Fax; and
SOHO Executive * fax.
Effective: September - 2014
6833960.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 49
Internet Stand-Alone Free $49.95 NA NA 5OMB
Internet Stand-Alone Free $64.9s NA NA TOMB
Directom Seruices Fees lnstallation Monthly
Fee Rate
Additional Directory Listine Pass Throueh Pass Throueh
Non-Published Servrce Pass throueh Pass throush
Non-Listed Service Pass Throush Pass Throueh
Alpha Listins Pass Throush Pass Throush
Listine Chanees. per Order Pass Throush Pass Throush
Reserved for Future Use
Directory Serices Fees
Effective: September - 2014
5833960.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 83709
Section 13.
Original Sheet 50
LONG DISTANCE SERVICE
13.1 General
This section applies to Long Distance Services furnished or made
available by the Company and connecting carriers, between two or more
points, which are located within the State of Idaho and out of the State of
Idatro.
13.2 Dial Station-to-StationService
The Company offers Dial Station-to-Station Long Distance Service to
Local Service customers. The following charges apply when the calling
party dials the desired telephone number without the assistance of an
operator and the call is billed to the calling number. This includes calls
forwarded by call forwarding equipment. Dial Station- to-Station also
applies when the operator:
o Records the calling telephone number for areas
without recording equipment.
o Reaches the called telephone number because of
trouble on the network or because dial completion is
not available.
o Places a call for a calling party who is identified as
being disabled and is unable to dial the call because
of that disability.
o Reestablishes a dialed call when there is a service
fault that intemrpts a call after the called party has
been reached.
13.3 Timing of Calls
r3.3.1
1,3.3.2
Chargeable time for all calls begins when the connection is
established between the calling party and the called party.
The timing for a call ends when the calling party hangs up the
telephone. If the called party hangs up, but the calling party
does not, the timing of the call ends when the automatic timing
equipment or the company operator releases the network
connection.
Effective: September - 2014
6833950.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 83709
Original Sheet 5l
13.3.3 Conversation minutes are billed in six (6) second increments
following the initial period of one minute.
13.4 Collection of Charges
Charges for Long Distance calls are billed to the calling party, except
where:
o The calling party places the call as a collect call and
the called party accepts the charge.
o The call is billed to a third telephone number, unless
restricted from accepting this call type.
o The calling party uses an authorized calling card or
special billing number.
13.5 PaymentArrangements
The customer is responsible for payment of all charges for services
fumished, due upon receipt of the bill. This responsibility includes
charges for all:
o Calls originated at the customer's station.
o Calls accepted at the customer's station.
o Authorized calls billed to the customer's station.
o Authoized, calls billed to the customer's calling
card.
13.6 Rates
Rate
Residential Long Distance Service, per minute with
voice packages only $.O3/minute
Residential Long Distance Service, per minute with
bundled packages only $.03/minute
Residential Long Distance Services associated with an
unlimited LD package or unlimited LD bundle Included in
line or
package rate
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837@ Effective: September - 2014
Section 14.
Original Sheet 52
PRE-SUBSCRIPTION
l4.l General
Pre-subscription is a procedure whereby an End User or location provider
may select and designate to the Company an Interexchange carrier(s) to
access, without dialing an access code for calls leaving the local service
area of the Company. The Interexchange carriers are referred to as the
End User's or location provider's primary Interexchange carrier. The End
User or location provider will be allowed to select a primary
Interexchange carrier for IntraLATA calls and a primary Interexchange
carier for InterLATA calls.
Should a caller wish to use the services of an Interexchange carrier other
than the primary Interexchange carrier, it is necessary for the caller to dial
the necessary access code(s) to reach that Interexchange carrier's services.
14.2 Application of Charges
a) End users or location providers placing orders for service will be
asked to select a primary Interexchange carrier (PIC) and a local
primary Interexchange carrier (LPIC) at the time they place an
order with the Company for Local Exchange Service. There will
be no charge for this selection.
b) End users or location providers that choose to change their primary
lnterexchange carrier and/or their local primary interexchange
carrier within one month of the effective date of their new service
will not be charged for the change.
c) Subsequent to a one-month period following installation of Local
Exchange Service, for any change in selection, including a change
from one access code to another access code for the same
Interexchange carrier, a nonrecurring charge applies. The
nonrecurring charge for a primary Interexchange carrier (PIC)
and/or their local primary interexchange carrier change is billed to
the End User who is the subscriber to the Local Exchange Service.
However, an Interexchange carrier may, at its option, elect to pay
the charge for any End User and/or location provider at any time.
The nonrecurring charge for a PIC change is set forth in this price
list.
Effective: September - 2014
6833960.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Original Sheet 53
d) In the event that the LPIC and PIC are changed at the same time on
the same order, the applicable rate for the change will be one-half
ofthe applicable change charges.
14.3 DisputeApplication
If the End User or location provider disputes a PIC/LPIC change, the
Company will investigate the origin of the change and shall restore the
End User or location provider to their previous PIC/LPIC. If the change
was due to Company error, the End User or location provider will be
refumed to their previous primary Interexchange carrier and/or previous
local primary Interexchange carrier free of charge. If the change was
submiffed by an Interexchange carrier, and the Interexchange carrier is
unable to produce the signed End User or location provider Letter of
Authorization (LOA), the nonrecurring charges will be assessed to the
unauthorized Interexchange carrier.
If there is a conflict between an End lJser, a location provider, or their
respective agent, on the one hand, and an Interexchange carrier on the
other hand, over the designation of the primary Interexchange carrier
and/or local primary Interexchange carrier, the Company will honor the
designation selected by the End User, location provider or their respective
agent, regardless of any contractual obligations the End User, location
provider or agent may have with one or more Interexchange carriers.
If there is a conflict between an End User and/or location provider, on the
one hand, and their agent on the other hand, over the designation of the
primary Interexchange carrier and/or local primary Interexchange carrier,
the Company will honor the designation selected by the End User and/or
location provider, regardless of any contractual obligations the End User
and/or location provider may have with one or more Interexchange
carriers or agents.
The nonrecurring charge for an Unauthorized PIC change is set forth in
this price list.
14.4 Pre-subscription Rates and Charges
PIC Change, per line
LPIC Change, per line
Change PIC/LPIC at the same time, per order
Unauthorized PIC Change, per line
Non-Recurrine
Charee
Pass Through
Pass Through
Pass Through
Pass Through
Effective: September - 2014
6833960.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Section 15.
Section 16.
Original Sheet 54
Carrier Initiated Conversion, per line
PRIVATE LINE SERVICES
15.1 Application to Private Line Services
Pass Through
This section contains particular regulations, rates and charges applicable to
the provision of Private Line Services by the Company.
15.2 ServiceDescription
15.2.1 Private Line Services provide dedicated, private line
transmission capacity.
15.2.2 DSO Service
DSO Service provides a digital transmission path at speeds up
to and including 64 Kbps or, if provided over analog facilities,
within the nominal frequency range of 300 and 3,000 Hz.
15.2.3 DSI Service
DSI Service provides a digital transmission path at a rate of
1.544 Mbps.
15.2.4 DS3 Service
DS3 Service provides a digital transmission path at a rate of
44.736 Mbps.
15.3 Rate Information
Intrastate Private Line Services are provided by the Company on a
location basis and rates will be developed on a case-by-case basis.
Trial Service Offerings
In the normal course of business the Company, at its discretion, may elect to offer
certain services to Customer on a "trial basis". These trial offerings do not
obligate the Company to continue the trial beyond a stated period or to offer said
service as general price listed offering in the future.
Effective: September - 2014
6833960.3
Issued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 837(D
Section 17.
Original Sheet 55
Individual Case Basis (ICB) Arangements
Arrangements will be developed on a case-by-case basis in response to a Bona
fide request from a Customer or prospective Customer to develop a competitive
bid for a service offered under this price list. Rates quoted in response to such
competitive requests may be different than those specified for such service in this
price list. ICB rates will be offered to the Customer in writing and on a non-
discriminatory basis.
Effective: September - 2014
6833950.3
Iszued: August - 2014 Westel Fiber 1450 Eagle Flight Way Boise, ID 83709
EXHIBIT F
AGREEMENT WITH INTEGRA TELECOM
See attached.
WES TCOM, LLC, S APPLICATION TO TRA}.ISFER/REVI SE CERTIFICATE
OF PUBLIC CONVENIENCE A}{D NECESSITY NO. 4OI - 17
46220.0002.6778262.7
rlgJrd f .-.lr(.u. r at ldahjr l'l(,
lill j? l'.'.:5t f rnu.ald
8o se. lC t3IC4
Phcne 208.967.'ior3
r.2U$.s47'f{E Sq&.
,rll Free 077.$i7-5001
oTepgre<i 0y Qhud Ssmnter
f:t,t16C, lYu,lrlti/
l:.mal i',Lldtoss
l"ax
ISDN PRI DS1
trunrortrtcox"
rofiy3 Dlto Mar,Jr 3,2010
Aai( otrrrl l'J.:rtre Wrrslorrt LLC
IOC Nurnbor 509330
Cdrcril Sori',r,o Addrcss 1450 S Eagb Frght
C,ry, SHrq Zp Boi.o, to 83706
Cootract T-ontr 3{ Honths
1,750.00
05.00
3,000.00
cugtomor contect lnlorm0uon
Cgnrnct ,,,anro Slsvo HBusser
oedic.tsd Lo 0s1
Long Dirt.noo Valuo Plan
rtlnrt"d subrotrltr tor Letl
Ths Agrtsemonl hcludrng lntcgra's Moslor ServE Aofeomont. 8ny 3ctlcoues Of alt.chmenB hersto. ar|d liltegrl Iel€ComB poIcEg and procedutas locatod al
r^lr9.a Yrl!€ctn Aacapt.ncc.Prti lrrri. gll{ua ot!
ls!!-iriruElElgE?[ll9s
350.00
95.00
3,000.00
t
$
5
'l
I
I
$t
Service A0reamenr, and sLperc€de ,ll prlor o, conlempordo€ous agaoemenls, uodcrstandings or rapresentstrons reladn0 to th€ gobjgct malter conlalnod hersin.
crBlomer achnowedges that cugto'rle. hos rcceived, ,erd. and undcrsl'nds lhis Agre€ment and tho Maslo, servlce Agreamenl, .nd rgrees to b€ bomd by a{ ol
thBlcrarsendcon.r0onsolthaforogoingdocumeqtsarxrpoficies. EarlyTrrmlndlonlcalmayapplyatrellorrhlagccdonl5oftholnt4gmliettorScrvlco
^ LU <":T F u.{ , h c,rl
cr,6rom.rAdc.r...'.!{i["* O*"sf-- \r;A{,"
OROER IHFORMA'
FIt !Y Servica Ad&osg
City,9tate
'Sf,gnosred Movc Dals
SrtrtE
7)p
'lhltprn B{.6fe3n iraF toqJirCd ace cslocl s a3..ail!d acl si:rria{ b, tilfift
BElndLlnlr: lSDGrt DStr2OOffi ft::}0
Renewal
350.00 4 t r,400.00
$95.00r$9f.00ts,000,00 r i3.000.00
lntarstate t 0 tlntr.stoto $ 0 STollFreelntor.tato $ ' .0 t .
ToU Frea lnlrrstate $ 0 tL0vrlmPltrnOveraoe $ - 0 3
s0tI ., 0. $,'0sf0t
EstllrBlad tot l ti.qnfily Chrm.'lor rll garvk r;
: Term Length 24 Months
Thisis&tcnewottototlalWettcornbselv,ces *tlh,,haexcaplionof onePRlwhichntayb.d dlsconnecln'ry,,WewiltconverlthevaLoplaa toinclucle
1000,000 minulas lor $0A0. f Ns vtill dranaliaatly raduca ony overage charyos they orc cuffenlly paytng,
E rn *tdtrig"d r,o(mi El rafooot t"xirgr eruatt rndq:lirB e sulc, ffim gr odtc(
{ddiuon (o;.(rlq y ttrtormauon
alaphone flurnlrcr trJ Li.qt
Thb MASTERSERVICES ACREEMENTCAgtctmtt') ts cotcnd into
this dry, Mry 25, 2fl) I , by rnd bctnrcan Elcctrio Llghtwrvc, lnc,, r
Dalcrvrn conordon, 4400 NE 77th Avlouc, Vatcowcr, lVahlngtoa 98662
(ELI) rnd Wcstcort, lJ-C, (Erroar/):
l. SERVICES. q,.Irgr.r lo frovi.h io Curtooarld GBoorGt rgocr to poarofrur
EII ocoh cornuaicrtioo rcnico o bo dcrcriDcd h Sdct frcr(r) Ltud .td rFcd
upo by thoprdor. OnccrglGdopoo&drocGpad b, U.prlicq nrt Sdorordc(t)
rtll bocmc r prt of tlrb furcornou od bo h&rd4 qor t[c P.nilt t!.!lo. Eci $lct
ord.rwill dc$riDo thc coonm&rtlo *rvlarbc pov{tlcdCs.illccfl'eerpad 3o
lcd (1&orsst T@r'), Oc r:crrllg (oortly) sdfu no+qftf @widoohS o
o&.r) r;trr&+ td rodr lafooardo s ury tc ococsrry.
Z INSTALTATPNDATI- TblhdrUdoDdcu,ilt t tfu rboodrood hrrilirg
ty ELt tsfrdlldgrc ncrvdilco 6\rbcrl Do&cd Doelhr. 6oh$lhhc
Drcwltl tott daohlELloogmvidr ad b.id6.cdrlymEtfrtcililio*
Cnnoctulll r+od h r da*ynoalb ryEUIIOGIEfahlbmdol a
pcrfaarocs lr*srry f[ lh! ldtbltG pocr* od OUmerill rccef Savlccr o
fullttrlldoDda
!. fEBIt. G|ttoncr.8,trt ro !o!ctrr! fu SrrdcofatcCootrotT.ml r. a 6rti o
fu Srloc ffir). SubJcct lo 6! t ruiordo provliou ra fortb hergi!' t li. God of 6o
CorEld farr' thAgtcocot ttll ulottdcetry cddDu. 6 tfui b.&
util tsrnhrtd bdor'prv byD.ovl@ l0 drur*dta aolce
i nAEs, AND CHAIGES. R{cs lrd drrrrr vfll bo ra fors oa thr savlocoda(r)
ud vtl mncocc oo tto hrtdtrdo Dae AlyEoaftly ttqdrydrrry. CI|RC') ril
bcb0ld h dv.accac$ not ia rcoocdoocwlti ltcsaidcc0.dc(t). Aly
lmrronhr dl3cr ('l{RC!) wiU b! Utlcd otlcfrliartierna hc lnrlrlHo Dao,
orlfthotrlRCrthtrtrcdl0a&c badtdo Dto, utlchqlcr urlt boH&dq 6c
ndhvdcothcrraflsr. Crlrtoocr q,ill Dryenrronrllo rdnfoifrtitt fll hrrychojo
o escrvicc Onds hllhtdbyuomr; rd fr clcdrlim ofrSaYlcr Od.rFto.blo[rdo Scrvlcc'. Pryocmr I! &r r rcl ftrtlr o ad imdcs. EU nry rso,r r Lo
foc of M2!6pcrnmtlr (rot o crord th nuianm da dlovld Ed.tttrtlL*) gr rll
rudryucd bdrccr nopdil wta r!l1, od ELI tn lho dfttbrlDcd Slrtieclullll
dtha plrurar lr ruda or |lo Srrvico gr EEitiGd fo. loafqrocot l[.] ury e(fue
6. rrg Ed ctr,!. fu to rutsrvd uru u9o wdtomdccDor,{.ld $16 r0 dryr
Fl6 !o lDr .od of $. Cotlrrt Tcrlt a ly Iclr*rl tcot AI PryEttt tlgird' tanodorvilt tcurdoh US.&lh*
t DEFOST!| lVitort rriviagoy ri$tofuohrtloocryoltrdflu taaodrr'
EU ury rcqldt! Cbamcrb tlodcrr d@dt of,$ to ilo ndb ofttuotq n
ArsrE3 p0Eld lcraoldcr lf (l) b ELlr roto d*ndoo, 60 ilnid ctt& d.*
wuutt r rtqsrt for dlpodt O) Curilrcr dL o nrb r pryurot t}ta Ar, O)Crrh.r lUor forhaloqcy. or(,0) rayradca ordcr*crc&lnrbfi*.d crtdil lhIll
lnilirly rppowd byEt L Upo nqcr,CnmcrwtU povl& E.t d$ h6surdoo
Elrrdltr8 prraart tbtsry fr conrriudcainr rcrvlaoq unbct ofycrn in tgri!!s.
ftmclt l*ucat lrrtydr ed cooffrlhl clcdittrrruI rd!.. AnFtnl of ry &ler
Odcrllrlrcdhoadorb nrbj.clr,o finrl Oprovrl by EJtOtilt D.Ftoqtl.
5. TAXES Qaocr ir nrfor$lc fu pruuot of lv od dt ftdcrl. olc Dd ldl
EG+ ctqrr or $t$rtp lmpoccd o c brrod rryoa lbr povldo. rrlc r urc dEJr
Srrviccl (qdodilg trxcr br*d upor EJr lmc} EU vil co[.d dt atll E
clrrpl rnr! rurdrrrcr unlcs Qrnmcr povldss ELI vfih proof of creoplqr Ouuoc
uri[ hdcdnifi EU fcoy rrd rll co*s. cldmr. uer. cbtp, ad nrltnrrfsrtlvld
rfrhl EU ]slflv. o rucll crarp lrlrr.
?. TABTFP APPUCATION. Cucoocr rc*rcrrlcd3or trt lha Scrdc:r mly Dc a&lcrg
io rfioh or ln pgt, t! ono or norr Firpvldfir of rmc or fcdcd EifB frlod by EU' h tho
rt:ot oflry cot0lobrtrea rrygovtloo oftlb Afrornt o.rlry rrwbho ofart
rrri( rfc prwldor of rrh odf wi[ corol. ftbAarlott.ol ]td tlc Scrvlce witr bc
art{'.c to rrldr nodrlclicr3 $ n y to tqirld a ldrodd Dy ray rplray telcy h
thc crcro&c of ltr hrtfuUrridhthd,
Master Services Agreement
cullomor Weetcom, LLC
aCOMPLTANCE mfH lAW. IltLASt!.{lc{lb rn cct pdl qpefic.l,L fd.rd.m rad locJ hwr, iljilrtlar, nilint+ otcrr, nd ohcrraionrof'aramod
rr!a& fRuls'), laclodila Dot ra liuitcd to: tio Conuualcrtlarr Aa of l9!l rr
rordod by tcTdcaonuicrtlorAAof 1996. to rulo md rcphdou oflhr hd.rrl
CooouahdoorGooddo (TCC), od tto o5&iry ud coinmeofrlyrrqtd
rDpsvrl* uiaiadu, a trlts fihd wit& ttc FCC or ray cirr ltroucr[, [arqy.
EU wlll urirlmd fll& rrrodlo efroarbotrh, rtui!.ed ot*ria rodi rpgrwrlr
od mttrodraimr, [ay *b Rdc rdvurcly rtrear drc torriccr srryirrr ELI lo
Fovl& Srrllc ofi.r 0u Io rocodrco sl6 |i0 tarlt of Ub ASn arot, .it s p:ly
ory. rfitattrDiflty to 6cotlrrprry, tlnJuo h. rlflccd Slrt locl spcr 3O dryrgdc
ldicl 6i.. b ts o&n F.V. h p.rfoorh ,tdr oDll3tioc rnJa Olr A3rcoa. 6t
prda uill mply tvlth rlt WScrbIc fodanl, r.!o rd lql htr1 nfulrtior, nrhl ldqda& Irt s effic urrr 6l Scrvlcr o cry r niouro of htifl3 rlr! hirrEomicdor A*ncrsromr tla 6oMo cmndcaimrrrtl coohacl
. l8 l0* of fi. ldl ouoic*hor crdrd ovr lto Srrvlocr. ttutquc4 Grecr
wll E&. b ,!cod ndrlh h EU for h*ocdm rod v,cl0crtior.
9. CO}IPAT|IIUTY. lralas obcr*ir ryco4 Ctmoc $ll pvldc qriptlclr
oqrliUl udt hSaics rod EL,& nctno* td icilldcr, Glocri[ bcuttaoot
of ry rddtlood fotodw +elrtrr rcrsmrtly r4ft.d to Do bo[d bccrrc of $c rrr
dEJr acurq* or fisililor ty eoocr, Gstomdr lots or rslgrg.
10. NON.INTEnFDADNC- Grmc/r [!o of tho Scndca prord&d icnfu ad oy
cgdpoou redrrd0crdti will aot (r) intcrfcrviA aluldrrwlco ouEIJr
ortnct otficllldc+ O)bfbffinsy ofay coruuaictlor otrrodr ranct c
&dlttb; (c)clu*&rrycof ray arlrm bf.L!3 r.lc$ (O baurcd btit rtcq 60rc,
trnan ctnrr ootia; c (c) catc lradr o ElJr officcr+ dinCoo, cugloyecr.
sDcdErcl6!, r3.dE aurrroftto rfutmcollocdaarror* ocficf,ltlct.
II.MAI!{TDMNCI lI{D ITPGR IIE OFFACIUTIES. ELI wtllmtulio lts
Adlda ndoglpocollod to piovld.lhc Scrvlccs rt no rddtlod chr!|pto coltooLr,
rxocgt trtcrt rult r rrvico crtb uulf 6oo iilrl a orlfilrdoiq tr&npop:r
oOcdo o(, O*udt &dlililr Edro(c$fpo.ilf. h oct cml0nmrill
trhhrn. E lfu U. qof 6.tilf|rtd ndrmmcoaEL$ rbrh{tim nd rreht
il.0&! rny ftdml fih roayctocrl Ercr @ord qonElJ drrcd to llct
arlqaooe
EUnrcmrth riCnio r{.!d ravlc. farrtrdrlodnrhtaracr cddGtaiml orWfria r ELtrr uctnctrlttcl aodco m &m;r.
|aAGCSSTO mDmSES. Qrt@.rslll tnot EUorcoopantc wirh ELIIi
ottrldt B ro&r prtoirlr forttc httrrdoq oFrdon,luoial.?.irrld
oduacc d&atd8d6 rd c$itocnr 6rec Scrvlcohrqudcr.
13. LIMITEITWARMI{TY. ELI wil urcmroo$h efrbro, mcordtal bherrt,tdn& o prwidc Srrvloa o r 2{tcu*&y, Z.dry+erarc* brdr, ELl docs mt
*urat tid Sntd* s{l iG Ssva&d rrtllout tltrrrpdo!. Ia cc of r Scrvicar
bnmpdoo olasrtr 2a tour Gor.d byEU. Ef w0 crrdit(tnmnrrl6 EI:
fii,lc.ctq3 fa tbpcrbd&ri!*nildr tls Saviccr scn latarlgFd. Itch crldf wfll
lor bB dvlo fc S.r"lc€ irlctrtpdon c.lscd by Culomr or by rctlvirirt or idllttr
6n*hod I Aamc c6tr pgtler.
8Lt MAXEgT'ITS IYARNAII|TY IT{ LIDI' OFALL OTHINWA8NANNES
^I{DMAE t(, OTHSRWARnANTY OB BDTRESEnTTAflON, EXInESSD OR
IMPUEq NCLUD|Nq ilrr ilOT IIMTTED TOTTfiE tMlt.lED WAnnAl{TlES
OF TITDRCTIANTAULITY OR NIt{85!3 TOR A PARTICUT,AN
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TiILE
DATE:
Ilb&onr,ltC
Grdomcr
BY:
TII1E
DATE:
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BY:
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t SA 1288, tw. 1900
EXHIBIT G
[.ORM OF'NOTICE TO CUSTOMER
See affached.
WESTCOM, LLC' S APPLICATION TO TRANSFER/REVISE CERTIFICATE
OF PUBLIC COI.MNIENCE AI.ID NECESSITY NO. 401 - 18
46220.0002.6778262.7
OwEsrELl;!,HH,!3,"
August 4,2014
Dear Valued Customer:
We are excited to announce that Westel, LLC, an Idaho limited liability company ("Westel") has
entered into an agreement to acquire the assets of WestCom,LLC, an Idaho limited liability company
currently doing business as "Westel Fiber" ("WestCom"). Upon the consummation of this transaction,
which is subject to regulatory review and approval, Westel will become your internet and/or telephone
services provider. We expect this could occur as early as September 5,2014. (The specific fiansfer date
must be at least thirty (30) days from the date of this letter, but it may be a later date depending upon
when we receive federal and state regulatory approval). Upon the completion of this transaction, Westel
will do business as "Westel Fiber".
No action on your part is required or requested. This letter is for your information. Please rest
assured that this transaction will not affect the services you currently receive. You will continue to receive
the same quality services you have come to expect with the same rates, features, terms, and conditions
you currently enjoy. In the event that any changes are made to any of your existing services in the future,
you will be notified by separate mailing thirty (30) days prior to the changes becoming effective.
You will not be responsible for any charges associated with the transfer of your account. All
costs associated with the fransfer will be borne by Westel. Although you have the right to select the
provider of your choice, we value your business and hope that we may continue to serve you. If you
should choose another provider you will need to contact that provider directly to arrange for the change
prior to the date of transfer to Westel and also provide us with written notice of the change, as required
under your existing terms of service. Please be advised it can take several weeks for a new provider to
make the switch and you may also incur service initiation fees from the new provider in establishing a
new account.
If you currently have a carrier freeze on your account you will still be automatically transferred to
Westel on the transfer date unless you have selected another provider prior to the transfer date. Any
existing carrier freez.e involved in the transfer will be lifted and you must contact us to arrange a new
freezn or confirm an existing fteez.e.
Westel is responsible for responding to any customer inquiries prior to and during the transfer of
service from WestCom to Westel. Our customer serrice toll-free number is l-855-592-8800, which
will remain the same after your seryices are transferred.
You can trust that we will continue to provide you with the same great quality of service you have
come to expect. We welcome you to Westel and look forward to meeting your internet and telephone
needs. Thank you for your business.
Sincerely,
-l-
Westel, LLC
4A20.0002.6826858.