HomeMy WebLinkAbout20251119Application.pdf RECEIVED
BEFORE THE IDAHO PUBLIC UTILITIES COMMIS,QNNf ,,
Application of Eaton Fiber Idaho, LLC
To Provide Basic Resold and ) i`- ! r` C0MMISSION
Facilities-Based Local Exchange )
Telecommunications Services )
Throughout the State of Idaho )
APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
TO PROVIDE RESOLD AND FACILITIES-BASED LOCAL EXCHANGE
TELECOMMUNICATIONS SERVICES
Pursuant to IDAPA 31.01.01.114 and the Idaho Public Utilities Commission Order No
32277 in Case No. GNR-T-11-01, Eaton Fiber Idaho, LLC. ("Eaton" or"Applicant"
respectfully requests that the Idaho Public Utilities Commission ("Commission") grant
the Company a Certificate of Public Convenience and Necessity to provide local
exchange telecommunications services within the State of Idaho.
All correspondence, notices, inquiries and other communications regarding this
Application should be addressed to:
Scotty Amos
Consultant to Eaton Fiber Idaho, LLC
Eisner Advisory Group LLC
2640 Youree Dr., Suite 100
Shreveport, LA 71104
Tel: 318-429-7552
Email: scotty.amos@eisneramper.com
APPLICATION AND COMMISSION REQUIREMENTS
I. Proposed Services:
Eaton proposes to provide point-to-point telecommunication services, such as
dark fiber, ethernet, and high-capacity telecommunications services to wholesale
(e.g., other carriers and providers)and enterprise customers. In addition, Eaton will
also offer broadband Internet access services to residential and enterprise
customers.
In support of its Application, Eaton Fiber Idaho, LLC, submits the following:
II. Name.Address and Form of Business:
The Applicant's legal name is Eaton Fiber Idaho, LLC. Eaton Fiber Idaho, LLC
("Eaton") is a wholly owned subsidiary of Eaton Fiber, LLC, and organized in the
state of Delaware.
Corporate Headquarters Address and Email Address:
152 West 57th Street, 34th FL
New York, NY 10019
infoicileatonfiber.com
Registered Agent Address:
Corporation Service Company
1305 12th Avenue Road
Nampa, ID 83686
Canyon County
A certified copy of the entity's articles of incorporation or certificate of
organization if an LLC is provided in "Exhibit A". Please see "Exhibit A".
Managers:
Name Title Address Phone Email
Sanjiv Ahuja Founder and Chairman 152 West 57th Street,34 FL New York,NY 10019 908-227-2948 Saniiv.ahuia*tillmanglobal.com
Sachit Ahuja Chief Executive Officer 153 West 57th Street,34 FL New York,NY 10019 848-565-4005 sachit.ahuiantillmanglobal.com
Suruchi Ahuja Chief Financial Officer 154 West 57th Street,34 FL New York,NY 10019 929-392-9556 Suruchi.AhuiaOtillmanglobal.com
Nick Brown Chief Operating Officer 155 West 57th Street,34 FL New York,NY 10019 929-392-9556 nick.brown tilimanalobal.com
As noted above, Eaton Fiber Idaho, LLC is 100% owned by Eaton Fiber, LLC.
Eaton neither owns nor controls any subsidiaries. No management agreement
currently exists.
III. Service and Territory:
Eaton proposes to provide point-to-point telecommunication services, such as
dark fiber, ethernet, and high-capacity telecommunications services to wholesale
(e.g., other carriers and providers) and enterprise customers using its own
facilities and through resale arrangements, as necessary, to supplement its
APPLICATION FOR APPROVAL OF ISSUANCE
OF A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY-21 P a g e
network. In addition, Eaton proposes to also offer broadband Internet access
services to residential and commercial customers.
Eaton plans to begin network construction within 60-90 days of receipt of
approval from the Idaho Utilities Board ("IUB") and to begin providing
commercial services to customers as soon as practical in and around the city of
Boise, Idaho, with the specific timeline dependent on final engineering,
permitting, and equipment deployment, and expand throughout the entire state of
Idaho as permitted by the IUB.
Eaton seeks authority to build and operate its own 100% fiber network throughout
the entire state of Idaho. The open access network built by Eaton will utilize
future-forward technologies, systems, and a next generation passive optical
network architecture that will deliver industry leading symmetrical gigabit access
service speeds to both residential and enterprise customers.
Eaton seeks authority to build and operate its own 100% fiber network throughout
the entire state of Idaho.
IV. Financial Information
Please see "Exhibit B".
V. Tariffs and Price Lists
Please see "Exhibit C".
VI. Management/Technical Qualifications
Eaton has highly experienced, well-qualified management, operational and
technical personnel that will operate and manage the company. Led by the Chief
Executive Officer Sachit Ahuja, Eaton's management team has industry-leading
experience in the oversight, development, and operation of various types of
telecommunications networks, including facilities-based fiber networks. These
key members of Eaton's management team have over 45 years of combined
experience in the telecommunications industry. Eaton's leadership team is
experienced in developing high-performance teams and possesses the necessary
technical expertise in building and maintaining world class networks. In addition,
the owners of Eaton's parent company, Tillman Global Holdings, have deployed
over $11 Billion in capital as an investor, owner, and operator of several other
successful digital infrastructure businesses in more than 20 countries globally.
Please see www.TilimanGlobalHold!ngs.com for biographies of its principles.
APPLICATION FOR APPROVAL OF ISSUANCE
OF A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY-31 P a g e
Brief summaries of the experience of key members of Eaton's executive team are
attached hereto as "Exhibit D."
VI I. Customer Service and Tariff Questions
Tariff and price list questions and customer complaints and inquiries should be
directed to:
Nick Brown
52 West 57th Street, 34 FL
New York, NY 10019
929-392-9556
Toll-free telephone number for customer inquiries and complaints: 844-583-
2866
Vill. Interconnection Agreements
Eaton has not yet initiated interconnection or commercial agreement negotiations
with incumbent providers in Idaho.
IX. Conservation of Telephone Numbers
Eaton does not anticipate requiring numbering resources at this time.
X. Escrow Account or Security Bond
Eaton does not anticipate requiring advance deposits by its customers at this
time.
XI I. Public Interest Statement
Grant of Eaton's Application to provide facilities and non-facilities-based local
exchange services as described above in Idaho is of the public interest and will
serve the public convenience and necessity. Specifically, Eaton will invest to
build a fiber to the home network capable of delivering 1 Gig symmetrical speed
services to residential and business customers in Idaho. Given that fiber to the
home networks are more resilient than other networks, Idaho residents and
businesses will benefit from Eaton's investment in full fiber network. Eaton's
proposed services will increase the competitive choices available to Idaho
consumers. Enhanced competition in telecommunications services, in turn, will
APPLICATION FOR APPROVAL OF ISSUANCE
OF A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY-41 P a g e
further stimulate economic development within the service area. Furthermore,
increased competition has been shown to create incentives for all carriers,
including incumbent providers, to offer lower prices, to introduce new and
innovative services and to provide more responsive customer service.
XIII. Waivers and Regulatory Compliance
Eaton and its management have reviewed all of the Commission's rules
applicable to competitive local exchange telecommunications service providers
and agree to comply with those rules except to the extent that any such rules are
explicitly waived generically for carriers in the same class.
CONCLUSION
Through this Application, Eaton Fiber Idaho, LLC demonstrates that it possesses
the financial, technical, and managerial resources to provide local exchange
telecommunications services in Idaho, and that the provision of service by Eaton
will promote the public interest.
WHEREFORE, Eaton respectfully requests that the Commission grant authority to
operate as a provider of facilities and non-facilities based local exchange
telecommunications services in the State of Idaho; grant the waivers requested in
this Application; and grant such other relief as it deems necessary and
appropriate.
Respectively Submitted,
�i
Suruchi Ahuja - Chief Financial Officer
Eaton Fiber Idaho, LLC
Date: November J 1 , 2025
APPLICATION FOR APPROVAL OF ISSUANCE
OF A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY-51 P a g e
VERIFICATION
State of Yor� §
County of Pe Lv YO(k I
I, Suruchi Ahuja, the Chief Financial Officer of Eaton Fiber Idaho, LLC, being first
duly sworn, deposes and says that he has read the foregoing Application and knows the
contents thereof; and
That the same are true of his knowledge, except as to matters which are therein stated on
information and belief, and as to those matters, he believes them to be true.
Eaton Fiber Idaho. LLC and its management have reviewed all of the Commission's
rules applicable to competitive local exchange telecommunications service providers
and agree to comply with those rules except to the extent that any such rules are
explicitly waived generically for carriers in the same class.
Suruchi Ahuja - Chief Finand4al Officer
Eaton Fiber Idaho, LLC
Date: November , 2026
State of County of . 1
h�-
Taken, sworn-6o and subscribed before me this day of November,
2025.
Notary Public in and for said County of
My commission expires on the 2�3` day of, month, 2�Zi, year.
L uROBERT L ROSS
Notary Public,State of New York
Registration No.01 R06433606
Qualified in Richmond County
6 riry Commission Expires May 23,2026
APPLICATION FOR APPROVAL OF ISSUANCE
OF A NEW CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY-61 P a g e
Exhibit A
Certificate Of Organization
PHIL McGRANE
IDAHO SECRETARY of STATE
October 15, 2025
EATON FIBER IDAHO, LLC
FL 34
152 W 57TH ST
NEW YORK, NY 10019-3310
Dear EATON FIBER IDAHO, LLC
Congratulations on startina a new business in Idaho!
Your Foreign Registration Statement for EATON FIBER IDAHO, LLC in the state of Idaho has been approved.
Like you, Idaho is open for business. We take great pride in consistently being recognized as one of the most
business-friendly states in the nation. As you start and grow your business, here are some helpful resources to
guide you:
State& Federal Resources for Business (https:/Ibusiness.idaho.gov/)
Small business resources to assist with licensing, regulation, business funding, and more.
Idaho Department of Commerce(https://commerce.idaho.gov/)
Resources for incentives, grants, and workforce development.
Idaho Department of Labor(httt)s /hvww.labor idaho gov/dnn)
Report new hires, post jobs, and pay unemployment taxes.
Idaho Tax Commission(htti)s://tax.idaho.gov/)
Find tax permits, sales and use taxes, business income tax, and important tax forms
Again, congratulations on getting your business up and running.
Phil McGrane
Idaho Secretary of State
BUSINESS SERVICES I SOSBIZ.IDAHO.GOV
PHONE: (208)334-2301 450 N.4TH ST., BOISE, ID 83702
P H I L M c G R A N E Business office
450 North 4th Street
IDAHO SECRETARY of STATE PO Box 83720
Boise, ID 83702
Filing Acknowledgment
Please review the filing information below and notify our office immediately of any discrepancies.
EATON FIBER IDAHO, LLC
FL 34
152 W 57TH ST
NEW YORK, NY 10019-3310
File#: 6490467 Filing Date: 09/26/2025
Filing Type: Foreign Limited Liability Company Annual Report Due: 09/30/2026
Status: Active-Existing Image#: B1034-6115
Duration Term. Perpetual Receipt#:
Registered Agent: Principal Address: Mailing Address:
CORPORATION SERVICE COMPAN'EATON FIBER IDAHO, LLC FL 34
1305 12TH AVE RD FL 34 152 W 57TH ST
NAMPA, ID 83686 152 W 57TH ST NEW YORK, NY 10019-3310
NEW YORK, NY 10019-3310
You must Me an Annual Report with this office on or before the Annual Report Due Date noted above and maintain a
Registered Office and Registered Agent. Failure to do so will subject the business to Administrative
Dissolution/Revocation.
BUSINESS SERVICES I SOSBIZ.IDAHO.GOV
PHONE: (208)334-2301 450 N.4TH ST., BOISE, ID 83702
mac sr�
FOREIGN REGISTRATION STATEMENT
Title 30, Chapter 21, Idaho Code
`° Base Filing fee: $100.00+$20.00 for manual processing(form must be typed).
1. The name of the entity is: EATON FIBER IDAHO, LLC
2. The name which it shall use in Idaho is.
3. Select the type of entity you wish to register:
❑Business Corporation ❑General Partnership
❑Nonprofit Corporation ❑General Cooperative Association
❑Limited Liability Partnership ❑Limited Partnership(Including a limited liability limited partnership
Limited Liability Company ❑Statutory Trust, Business Trust, or Common-law Business Trust
❑Other:
4. Jurisdiction of formation: DELAWARE
S. The address of its principal office is:
152 WEST 57TH ST 34TH FLOOR NEW YORK NY 10019
6. The address of its domestic principal office(if required by the laws of the jurisdiction of formation)is:
7. The mailing address to which correspondence should be addressed, if different from item 5,is:
8. Name and street address of registered agent in :
Corporation Service Company 1305 12th Avenue Road, Nampa,ID 83686
9. The name,capacity, and mailing address of at least one governor:
Nick Brown Manager 152 WEST 57TH ST 34THFLOOR NEW YORK NY 10019
Secretary of State use only
Typed Name: Nick Brown
Signature: --- - - ----- --- - - - '
Capacity: Manager
Delaware Page 1
The First State
I, CHARUNI PATIBANDA-SANCHEZ, SECRETARY OF STATE OF THE STATE
OF DELAWARE, DO HEREBY CERTIFY "EATON FIBER IDAHO, LLC" IS DULY
Cif
FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE TWENTY—FIFTH DAY OF SEPTEMBER, A.D. 2025. :'fl
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "EATON FIBER
llb.
IDAHO, LLC" WAS FOR"D ON THE TWENTY—NINTH DAY OF AUGUST, A.D. 11
2025.
Ilb
C :
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
ASSESSED TO DATE.
H,
Lj
fl,
Ir
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qa� Cheruni Patibenda-Sanchez.Secretary of State is
10315353 8300 f�.. Authentication:204858867 `i
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SR#20254083902 �` Date:09-25-25
You may verify this certificate online at corp.delaware.gov/authver.shtml
State oIdaho
0 _ . _ _ _ aryState
CERTIFICATE OF REGISTRATION
OF
EATON FIBER IDAHO, LLC
Filing Number: 6490467
I, PHIL McGRANE, Secretary of State of the State of Idaho, hereby certify that
an application for Foreign Registration Statement, duly executed pursuant to the
provisions of the Idaho Uniform Business Organization Code, has been received in
this office and is found to conform to law.
ACCORDINGLY, by virtue of the authority vested in me by law, I issue this
Certificate of Registration to transact business in this State and attach hereto a
duplicate of the application for such certificate.
Dated: 26 September 2025
�p pg,�pt
•.,f Phil McGrane
H �= �' O
+:lip �+ Secretary of State
SJ� �Qy Processed by: Business Division
T� i Q
Exhibit B
Financial Information
The Tillman Global Holdings, LLC ("TGH") organization is a private investment firm that
invests in telecom infrastructure businesses globally. TGH has raised over $11 Billion of
capital as an investor, owner, and operator of several other successful digital
infrastructure businesses globally. TGH has demonstrated its ability to raise capital for its
digital infrastructure businesses. Companies owned and managed by TGH have
deployed over $1+ billion in capital in US-based businesses in the last five years. TGH
itself does not maintain substantial capital at that level or have financials itself
demonstrating capitalization; instead, it raises capital and capitalizes its subsidiary
portfolio companies at the individual level. The capital investments are therefore made
and maintained at the subsidiary company level. To illustrate this, attached hereto Exhibit
B (1) are public redacted audited financials for 2023 and 2024 for two such TGH
subsidiaries that have been capitalized, Tillman Infrastructure Holdings, LLC, and Tillman
FiberCo, LLC.
Eaton Fiber Idaho, LLC ("Eaton") has not yet commenced operations and is in the
preoperational and preregistration phase, and thus, has yet to engage in any revenue-
generating activities or incur operational expenses. CONFIDENTIAL and REDACTED
Exhibit B(1) is an example as to how Eaton Fiber Idaho, LLC will be capitalized and is
being submitted CONFIDENTALLY.
To further demonstrate that Eaton will be sufficiently capitalized, is Exhibit B(2) to Exhibit
B is a "Binding Capital Commitment Letter" from TGH, stating that TGH will provide the
financial resources necessary for Eaton to operate in the State of Idaho. Additionally,
Exhibit B(1) provides a public redacted unaudited preliminary Profit and Loss Statement
for Eaton Fiber, LLC, the parent portfolio company for each Eaton Fiber state-specific
operating company, including Eaton Fiber Idaho, LLC. This information, along with the
other examples submitted in Eaton B(1) and the "Binding Capital Commitment Letter" as
Exhibit B(2)), demonstrates that TGH possesses the financial resources necessary to
raise capital to allow Eaton to construct facilities and provide the services described in
this Application in Idaho.
TGH is a privately held company and its financial statements, and those of its affiliates,
are confidential and commercially sensitive. Accordingly, Eaton has filed these
unredacted financial statements separately and under seal. The Exhibits are offered to
demonstrate Eaton's financial ability to operate as a telecommunications service provider
in the State of Idaho. Pursuant to Iowa Code § 22.7(3) and 199 IAC 1.9 and 7.5, Eaton
respectfully requests that this information be maintained under seal and that it not be
made a part of the public record or otherwise made available for public disclosure.
Exhibit B(j )
Company Financials
Exhibit B(?)
Commitment Letter
Tillman
Global
Holdings
Tillman Global Holdings
$500,000,000 Investment
Commitment Letter
November 11, 2025
Maria Barrat-Riley
Executive Secretary
Idaho Public Utility Commission
PO Box 83720
Boise, ID 83714
Ladies and Gentlemen:
Tillman Global Holdings IX, LLC ("Tillman") is pleased to confirm the availability of the funding
necessary to finance Eaton Fiber Idaho, LLC's proposal to develop and operate a fiber-optic
network intended to provide certain telecommunications services and broadband internet
access services to commercial and residential customers in the State of Idaho.The total
investment will be approximately$500,000,000 (the "Investment") across the Eaton Fiber
portfolio.
Through its portfolio companies,Tillman Global Holdings builds, operates, and invests in
telecom infrastructure businesses globally;current portfolio companies and affiliates are
actively operating in the U.S., Europe and Asia.Through past and current portfolio companies,
Tillman Global Holdings has raised over$11 billion of equity and debt capital since inception.
This commitment letter confirms that Tillman will provide 100%of the Investment required for
this transaction, contingent upon the completion of due diligence that, in each case, is
reasonably acceptable to Tillman and its respective equity partners in the Investment.
Tillman understands the nature of the opportunity discussed herein and is prepared to move
expeditiously to close the Investment as promptly as practicable.
Very truly yours,
TILLMAN GLOBAL HOLDINGS IX, LLC
By:
Suruchi Ahuja
Chief Financial Officer
1
Exhibit C
Illustrative Tariff and Price List
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF Original Sheet No. 1
TITLE SHEET
IDAHO
LOCAL EXCHANGE TELECOMMUNICATION SERVICES TARIFF
Of
Eaton Fiber Idaho, LLC
152 W. 57th Street, 27th Floor
New York NY 10019
844-583-2866
info@eatonfiber.com
This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange
telecommunications services provided by Eaton Fiber Idaho,LLC with principal offices located at 152 W.
57t'Street,27'h Floor New York,NY 10019 for services furnished within the State of Idaho. This tariff is
on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business
hours, at the Company's principal place of business. Copies of this tariff are available, at no charge,to end
users and may be obtained by contacting Eaton Fiber Idaho,LLC at: 844-583-2866.
Issued:
Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF Original Sheet No. 2
CHECK SHEET
Pages listed below of this Tariff are effective as of the date shown at the bottom of the respective sheet(s).
Original and revised pages as named below comprise all changes from the original Tariff and are
currently in effect as of the date of the bottom of these pages.
PAGE NO. REVISION PAGE NO. REVISION
1 Original 24 Original
2 Original 25 Original
3 Original 26 Original
4 Original
5 Original
6 Original
7 Original
8 Original
9 Original
10 Original
11 Original
12 Original
13 Original
14 Original
15 Original
16 Original
17 Original
18 Original
19 Original
20 Original
21 Original
22 Original
23 Original
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
COMPETITIVE LOCAL EXCFIANGE SERVICE TARIFF Original Sheet No. 3
TABLE OF CONTENTS
PRELIMINARYSTATEMENT...............................................................................................................5
EXPLANATIONOF SYMBOLS...............................................................................................................6
SERVICEAREA MAP...............................................................................................................................7
APPLICABILITYOF TARIFF....................................................................................................................8
AVAILABILITY OF THE COMPANY'S TARIFF...............................................................................9
Schedule 1: Transport Services................................................................................................................. 10
SECTION 1 - TERMS AND DEFINITIONS........................................................................................11
SECTION 2 - RULES AND REGULATJONS..................................................................................... 13
2.1 Undertaking of the Company.......................................................................... 13
2.2 Shortage of Equipment or Facilities............................................................... 14
2.3 Use of Service.................................................................................................... 14
2.4 Liabilities of the Company and Indemnification.................................................14
2.5 Equipment............................................................................................................17
2.6 Provision of Service..................................... ....................................................17
2.7 Establishing Credit..........................................................................................17
2.8 Deposits............................................................................................................. 18
2.9 Payment for Services....................................................................................-19
2.10 Deferred Payment Agreements.......................................................................19
2.11 Taxes................................................................................................. 20
2.12 Late Payment Charge...................................................................................20
2.13 Cancellation by Customer..............................................................................20
2.14 Interconnection...............................................................................................20
2.15 Termination of Service by Carrier................................................................21
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 4
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2. 16 Interruption of Service....................................................................................22
2.17 Cost of Collection and Repair........................................................................24
2.18 Dishonored Checks.........................................................................................24
2.19 Service Restoral Charge..................................................................................24
2.20 Customer Service...........................................................................................25
2.21 Service Area................................................................................................25
2.22 Rate Periods.....................................................................................................26
2.23 Individual Case Basis (ICB) Arrangements...................................................26
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 5
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
PRELIMINARY STATEMENT
This Tariff contains all effective rates and rules together with information relating and applicable to
Eaton Fiber Idaho,LLC(hereinafter referred to as "Company").
The rates and rules contained herein are subject to change pursuant to the rules and regulations of the
Idaho Public Utilities Commission.
This Tariff is governed and interpreted according to the laws of Idaho.
This Tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected during
normal business hours at Company's principal place of business, 152 W. 57th Street,27th Floor,New
York NY 10019.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 6
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
EXPLANATION OF SYMBOLS
The following are the only symbols used for the purposes indicated below:
(C) To signify changed listing,rule, or condition which may affect rates or charges.
(D) To signify deleted or discontinued rate,regulation, or condition.
(I) To signify a rate or charge increase.
(L) To signify that material has been relocated to another tariff location.
(N) To signify a new tariff rate,regulation,condition,or sheet.
(R) To signify a rate or charge reduction.
(T) To signify a change in text but no change to a rate or charge.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 7
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
SERVICE AREA MAP
The Company has been authorized by the Idaho Public Utilities Commission to provide its services
throughout the State of Idaho. The obligation of the Company to provide service is dependent upon its
ability to procure,construct,and/or maintain facilities to meet Customer requirements.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 8
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
APPLICABILITY OF TARIFF
This Tariff sets forth the service offerings, rates, terms, and conditions applicable to the furnishing of
intrastate telecommunications services by the Company within the State of Idaho.
This Tariff applies only for the use of the Company's services for telecommunications between points
within the State of Idaho. In such cases as the Company enters into an ICB Arrangement for services
with a customer,the provisions of that contract shall supersede the terms of this Tariff.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 9
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
AVAILABILITY OF THE COMPANY'S TARIFF
Complete copies of the Company's current Tariff are maintained at the Company's business offices located at:
Eaton Fiber Idaho,LLC
152 W. 57`h Street,27'Floor
New York,NY 10019
A copy of the Tariff will also be available on the Company's website:www.eatonfiber.com. This Tariff is
also available for public inspection at the Idaho Public Utilities Commission.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 10
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
Schedule 1: Transport Services
1. Application of Rates
Ethernet Transport Services rates apply to services furnished to business Customers.Transport Services
are not available to residential Customers.Customers requesting these services may subscribe to services
on an individual case basis as described in Section 2.23.
2. Ethernet Transport Service
(A) General Service Offerings and Limitations
Ethernet Transport Services utilize optical technology to provide point to point Ethernet
services between locations designated by the Customer and/or between such locations
and a Company hub to provide dedicated bandwidth to the Customer.
The furnishing of Transport Services requires certain physical arrangements of equipment
and facilities of the Company and other entities and is subject to the availability of such
equipment and facilities and the economic feasibility of providing such necessary
equipment and facilities and the Transport Services.
(B) The minimum term for Ethernet Transport Service is one(1)year.
(C) Recurring and Nonrecurring Rates
Unless otherwise provided in an ICB Arrangement pursuant to Section 2.23 of the Tariff,
the maximum monthly recurring rates and nonrecurring charges for Ethernet On- Net
Transport Services are as follows:
Bandwidth Current Rate Maximum Rate
Ethernet Service-Non-Recurring $ 1,700 $ 2,000
Ethernet Service-1 Gbps $ 1,600 $ 2,000
Ethernet Service-5 Gbps $ 2,200 $ 2,600
Ethernet Service- 10 Gbps $ 2,600 $ 3,000
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 11
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
SECTION 1 -TERMS AND DEFINITIONS
Applicant: Any person,firm or corporation requesting service from the Company.
Authorized User: Any person,firm or corporation authorized by Customer to access or use the services
of the Company provided under this Tariff.
Business Hours: The time after 8:00 a.m. and before 5:00 p.m., Monday through Friday, excluding
Holidays.
Business Office: The primary location where the business operations of the Company are performed and
where the Company makes a copy of the Company's Tariff is available for public inspection during
Business Hours. The address of the business is: 152 W. 57th Street,27th Floor,New York,NY 10019.
Commission: The term "Commission" means the Idaho Public Utilities Commission.
Common Carrier: An authorized company or entity providing telecommunications services to the
public.
Company: The term"Company"means Eaton Fiber Idaho,LLC.
Customer: The person, firm or corporation that orders service and is responsible for the payment of
charges and compliance with the terms and conditions of this Tariff.
Customer Premises: A location designated by the Customer for the purposes of connecting to the
Company's services.
Dark Fiber: Un activated optical fiber deployed without optoelectronics and through which no light is
transmitted,and no signal is carried.
Delinquent or Delinquency: An account for which payment has not been made in full on or before the
last day for timely payment.
Dim Fiber: Inactivated optical fiber deployed with optoelectronics on one end owned by the Customer,
and on one end owned by the Company,and which may carry signals.
Hub: A physical location, building or structure used to house the Company equipment and Customer
equipment used to transfer originating and terminating traffic between Company and Customer.
Holiday: New Year's Day,Memorial Day, Independence Day,Labor Day, Thanksgiving Day,
and Christmas Day.
Individual Case Basis ("ICB"): A rate, charge, or condition of an ICB Arrangement that may
supplement, or supersede,this Tariff as determined by individual circumstances.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 12
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
ICB Arrangement: A negotiated Customer contract that applies in lieu of the terms, conditions, rates,
and charges, including minimum usage, installation, special construction, and recurring charges for the
Company's services set forth in this Tariff.
Interruption:The inability to complete communications due to equipment malfunctions or human errors.
Interruption shall not include the failure of any service or facilities provided by a Common Carrier or
other entity other than the Company.Any Interruption allowance provided within this Tariff by Company
shall not apply where service is interrupted by the negligence or willful act of the Customer,or where the
Company, pursuant to the terms of this Tariff, terminates service because of non-payment of terms,
unlawful or improper use of the Company's facilities or service,or any other reason covered by this Tariff
or by applicable law.
Interexchange Carrier: A Common Carrier authorized to provide services between exchange areas.
Joint User: Any person, firm or corporation accessing or using the services of the Company provided
under this Tariff in collaborations with the Customer.
Non-Business Hours:The time period after 5:00 p.m.and before 8:00 a.m.,Monday through Friday,and
all-day Saturday, Sunday,and Holidays.
Nonrecurring Charges: Charges to the Customer for services and equipment,assessed by the Company
once, usually at the origination or termination of services, and/or installation of equipment.
Recurring Charges: Monthly, quarterly, or other periodic charges to the Customer for services and
equipment,which continue for the agreed-upon duration of the service.
Service:Any service or services,singly or in any combination,offered pursuant to the terms of this Tariff.
Telecommunication: The transmission of data between two points.
Timely Payment: A payment on Customer's account made on or before the due date.
User:A Customer,or any other person authorized by a customer to use service provided under this Tariff.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York, NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 13
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
SECTION 2- RULES AND REGULATIONS
2.1 Undertaking of the Company
2.1.1 Application of Tariff
2.1.LA This Tariff contains the regulations and rates applicable to intrastate
telecommunications services provided by the Company for
telecommunications between points within the State of Idaho.The Company
' s services are furnished subject to the availability of facilities and subject
to the terms and conditions of this Tariff. Service is available twenty- four
(24)hours a day,seven(7)days a week.
2.1.LB The rates and regulations contained in this Tariff apply only to the intrastate
telecommunications services furnished by the Company and do not apply,
unless otherwise specified,to other services provided by the Company or to
the lines, facilities, or services provided by a local exchange telephone
company or other common carrier for use in accessing the services of the
Company. Should Customers use such services to obtain access to services
offered by other providers,the Company assumes no responsibility for such
other service.
2.1.2 Terms and Conditions
2.1.2.A Except as otherwise provided herein,the minimum period of service is thirty
(30) days. All payments for service are due by the date specified on the bill
sent by the Company which may not be less than twenty-one(21) days after
the date of the postmark on the bill. Unless expressly stated otherwise, all
calculations of dates set forth in this Tariff shall be based on calendar days.
Should the applicable date fall on a Saturday, Sunday or Holiday, the
Customer will be permitted to make payment on the next regular business
day.
2.1.2.B At the expiration of any term specified in an ICB arrangement, or in any
extension thereof, service shall continue on a month-to-month basis at the
then current rates, unless terminated by either party upon proper written
notice. Any termination shall not relieve Customer of its obligation to pay
any charges incurred under the ICB Arrangement prior to termination. The
rights and obligations which by their nature extend beyond the termination of
the term of the ICB Arrangement shall survive such termination.
2.2.2.0 This Tariff shall be interpreted and governed by the laws of the State of Idaho
and the Rules of the Commission.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 14
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.1.2.13 Another telephone company must not interfere with the right of any person
or entity to obtain service directly from the Company.
2.2 Shortage of Equipment or Facilities
2.2.1 The Company reserves 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 some other cause beyond the Company's control.
2.2.2 The furnishing of service under this Tariff is subject to availability on a continuing basis
of all necessary facilities from the Incumbent Local Exchange Carrier ("ILEC"), other
providers to the Company and the Company's network capacity and/or coverage area.
2.3 Use of Service
2.3.1 Services provided under this Tariff may be used for any lawful purpose for which the
service is technically suited.
2.3.2 The Company may require a Customer to immediately shut down its transmission of
signals if said transmission is causing interference to others.
2.3.3 The Customer may not use the services so as to interfere with or impair service over any
facilities or associated equipment, or so as to impair the privacy of any communications
over such facilities and associated equipment.
2.4 Liabilities of the Company and Indemnification
2.4.1 The liability of the Company for damages arising out of the furnishing of these services,
including but not limited to mistakes, omissions, interruptions, delays, or errors or other
defects,representation, or use of these services or arising out of the failure to furnish the
service, whether caused by acts of commission or omission, shall not exceed the
applicable charges under this Tariff for such service.The Company will not be liable for
any special, consequential, exemplary or punitive damages a Customer may suffer,
whether or not caused by the intentional acts or omissions or negligence of the Company's
employees or agents.
2.4.2 The Company shall not be liable for loss or damage sustained by reason of failure in, or
breakdown of facilities or equipment provided by third parties not under its control.In no
event shall the Company's liability for any failure,breakdown or interruption in services
exceed the charges applicable under this Tariff for such service.
2.4.3 The Company shall not be liable for any failure of performance due to causes beyond its
control, including but not limited to, act of God,fires,lightning,floods
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 15
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
or other catastrophes, any law, order, regulations, 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 of any civil or military authority, national
emergencies, insurrections,riots or wars,strikes, lockouts,work stoppage or other labor
difficulties, any failure of local service lines or delays caused by the underlying local
service provider or the Customer or end user.
2.4.4 The Customer is required to notify the Company of any changes to Customer's
equipment,including software controlling the equipment's function.The Company is not
liable for interruptions in service caused by Customer's failure to notify the Company
prior to any change.
2.4.5 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,instituted,or asserted by any other party or
person(s), and for any loss, damage or destruction of any properly, 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.
2.4.6 The Company shall not be liable for any damages resulting from delays in meeting any
service dates due to delays associated with normal construction procedures of its
underlying carrier(s). 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.
2.4.7 The Company may undertake to 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 Tariff. The Company does not
guarantee availability by any such date and shall not be liable for any delays in
commencing service to any Customer.
2.4.8 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 of
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 agents or employees of
the Company.
Issued:
Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 16
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.4.9 The Company shall not be liable for any damages whatsoever associated with service,
facilities,or equipment which the Company does not furnish or for any act or omission
of Customer or any other entity furnishing services, facilities or equipment used for or
in conjunction with Company services provided hereunder.
2.4.10 THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS,EXPRESS
OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR USE,EXCEPT THOSE EXPRESSLY SET FORTH
HEREIN.
2.4.11 The Company shall not be liable and shall be indemnified and saved harmless by any
Customer, end user,or other entity from all loss,claims,demands,suits or other action or
any liability whatever, whether suffered, made, instituted, or asserted by any Customer,
end user, or other entity for any personal injury to, or death of any person or persons,
and for any loss, damage, defacement, or destruction of the premises of any Customer,
end user or any other entity or any other property whether owned or controlled by
the Customer, end user, or others, caused or claimed to have been caused, directly or
indirectly, by any act or omission of the Customer, end user, or others or by any
installation, operation, failure to operate,maintenance, removal, presence, condition,
location or use of facilities or equipment provided by the Company which is not the
direct and sole result of the Company's negligence.No agents or employees of any other
entity shall be deemed to be the agents or employees.
2.4.12The Customer and any Authorized Users or Joint Users,jointly and severally, shall
indemnify and save the Company harmless from claims, loss, damage, expense
(including attorneys' fees and court costs), or liability for libel, slander, or copylight
infringement arising from the use of the service;and from claims,loss,damage,expense
or liability for patent infringement arising from (1) combining with, or using in
connection with facilities the Company furnished, facilities the Customer furnished,
Authorized User, or Joint User furnished, or(2)use of facilities the Company furnished
in a manner the Company did not contemplate and over which the Company exercises
no control, and from all other claims, loss, damage, expense (including attorneys'fees
and court costs),or liability arising out of any commission or omission by the Customer,
Authorized User,or Joint User in connection with the service. In the event that any such
infringing use is enjoined,the Customer,Authorized User,or Joint User,at its option and
expense shall obtain immediately a dismissal or stay or such injunction, obtain a license
or other agreement so as to extinguish the claim of infringement,terminate the claimed
infringing use or modify such combination so as to avoid any such infringement. In
addition, and without limitation, the Customer, Authorized User, or Joint User shall
defend, on behalf of the Company and upon the request by the Company, any
Issued:
Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 17
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
suit brought or claim asserted against the Company for any such slander, libel,
infringement, or other claims.
2.5 Equipment
2.5.1 The Company's service may be used with or terminated in Customer-provided terminal
equipment or Customer-provided communications systems. Such terminal equipment
shall be furnished and maintained at the expense of the Customer, except as otherwise
expressly agreed to by the Company. The Customer is responsible for all costs at their
premises,including personnel,wiring, electrical power,and the like,incurred in the use
of the Company's service. The Customer is responsible for ensuring that customer-
provided equipment connected to Company equipment or facilities is compatible with
such equipment or facilities.
2.6 Provision of Service
The provision of any services herein is subject to and contingent upon the Company
obtaining and retaining such approvals, consents, governmental authorizations, licenses
and permits, as may be required, or otherwise deemed necessary or beneficial by the
Company.The Company shall use reasonable efforts to obtain and keep in effect all such
approvals, consents, authorizations, licenses, and permits that may be required to be
obtained by it. The Company shall be entitled to take, and shall have no liability
whatsoever for, any action necessary to bring the services into conformance with any
rules, regulations, orders, decisions. or directives imposed by the Commission or other
applicable agency or governmental body,and Customer shall fully cooperate in and take
such action as may be requested by the Company to comply with any such rules,
regulations,orders,decisions, or directives.
2.6.1 If the Company requires an outside plant build out or modification to provide service to
the Customer,the Company will notify the Customer of the need for the build out and an
estimate of how soon the outside plant build out can be completed.
2.7 Establishing Credit
2.7.1 Unless otherwise specified under the terms of an ICB in Section 2.23,the Company does
not require a deposit from its customers.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 18
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.8 Deposits
2.8.1 Unless otherwise specified under terms of an ICB in Section 2.23,the Company does
not collect deposits,advances,or prepayments.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 19
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.9 Payment for Services
2.9.1 The due date printed on the bill will be at least twenty-one(21)days after the date of the
postmark on the bill if mailed,or the date of delivery as shown on the bill if delivered by
other means. Customers may pay for service by check, draft, or other negotiable
instrument denominated in U.S. dollars acceptable to the Company or in United States
currency.
2.9.2 The Customer is responsible for payment of all charges for services furnished to the
Customer or to an Authorized User of the Customer by the Company.All charges due by
the Customer are payable to the Company or to any agency duly authorized by the
Company Lo receive such payments on the Company's behalf.
2.9.3 Billing inquiries may be directed to the Company at the number on the Customer bi11.
When a Customer disputes a particular bill, in good faith, the Company shall not
discontinue service for nonpayment so long as the Customer pays the undisputed portion
of the bill, pays all future periodic bills by the due date, and promptly enters into
discussions with the Company to settle the dispute with dispatch.No late payment charge
shall be charged on any disputed bill paid within fourteen(14)days of resolution of the
dispute if the complaint was filed before the bill became past due.
2.9.4 In the event a Customer pays a bill as submitted by the Company and the billing is later
found to be incorrect due to an error either in charging more than the published rate, in
measuring the quantity or volume of service provided, or in charging for the incorrect
class of service,the Company will refund the overcharge with interest at an annual rate
of two percent(2%)simple interest.
2.10 Deferred Payment Agreements
2.10.1 All Applicants for service who have failed to make payment under such a plan during
the past twelve(12)months,who are indebted to the Company for past due service, may
be given the opportunity, at the sole discretion of the Company,to make such Deferred
Payment Agreement.
2.10.2 The terms and conditions of a Deferred Payment Agreement will be in writing and will
be determined by the Company after consideration of the size of the past due account,
the Customer's or Applicant's ability to pay, the Customer's or Applicant's payment
history, reasons for delinquency, and any other relevant factors relating to the
circumstance of the Customer's or Applicant's service.
2.10.3 If a Deferred Payment Agreement is approved by Company,an Applicant for service or
a Customer will be required to pay no more than 1/3 of the amount past due at the time
of entering into the Deferred Payment Agreement.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York, NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 20
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.10.4 If a Deferred Payment Agreement is approved by Company.the Company will allow the
Customer or Applicant a minimum of four (4) months and a maximum of twelve (12)
months in which to complete payment pursuant to the Deferred Payment Agreement
2.10.5 Any Deferred Payment Agreement will be in writing, with a copy provided to the
Applicant or Customer, and will explain that the Customer is required to pay all future
bills by the due date and provide how the delinquent amount is to be retired.
2.11 Taxes
2.11.1 All state and local taxes(including but not limited to franchise fees, excise tax,sales tax,
municipal utilities tax)are listed as separate line items and are not included in the quoted
terms. The Customer is responsible for the payment of any sales, use, gross receipts,
excise, access or other local, state, and federal taxes, charges, or surcharges (however
designated)excluding taxes on the Company's net income assessed in conjunction with
service used.Any taxes imposed by a local jurisdiction(e.g.,county,and municipal taxes)
will only be recovered from those Customers residing in the affected jurisdictions.
2.12 Late Payment Charge
2.12.1 Unless otherwise specified,the Company may assess late payment charges as prescribed
in this Tariff.
2.12.2 Customers will be charged 1.5%per month of any amounts owed to the Company beyond
the due date for such payment.
2.13 Cancellation by Customer
2.13.1 Customer may cancel service by providing written or oral notice to the Company at least
five(5)days before the date service is requested to be cancelled.
2.14 Interconnection
2.14.1 Service furnished by the Company may be connected with the services or facilities of
other carriers or enhanced service providers.The Customer is responsible for all charges
billed by these entities for use in connection with the Company's service. Any special
interface equipment or facilities necessary to achieve compatibility between these entities
is the responsibility of the Customer. Neither the Company nor any connecting carrier
participating in a service shall be liable for any act or omission of any other company or
companies furnishing a portion of such service.
Issued:
Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York, NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 21
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.15 Termination of Service by Carrier
2.15.1 The Company may discontinue or refuse service for any of the reasons set forth below:
• For failure to pay a past due bill owed to the Company,including one for the
same class of service furnished to the Applicant or Customer at the same or
another location, or where the Applicant or Customer voluntarily assumed
responsibility for the bills of another Applicant or Customer.
• For failure to provide Company representatives with necessary access to the
Company-owned service equipment, after the Company has made a request
for access.
• For failure to make payment in accordance with the terms of a Deferred
Payment Agreement.
• If the Company has reason to believe that a Customer has used a device or
scheme to obtain service without payment and where the Company has so
notified the Customer prior to disconnection.
• For violation of or noncompliance with a Commission order.
• For violation of or noncompliance with any rules of the Company on file with
the Commission for which the company is authorized by Tariff to discontinue
service for violation or noncompliance on the part of the Customer or User.
• For violation of or noncompliance with municipal ordinances and/or other
laws pertaining to service.
• If the Customer's use of equipment adversely affects the Company's service
to others. This disconnection may be done without notice to the Customer or
User.
• Upon condemnation of any material portion of the facilities used by the
Company to provide service to a Customer or if a casualty renders all or any
material portion of such facilities inoperable beyond feasible repair, the
Company, by notice to the Customer, may discontinue or suspend service
without incurring any liability.
• Upon any governmental prohibition, or required alteration of the services to
be provided or any violation of any applicable law or
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 22
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
regulation, the Company may immediately discontinue or suspend
service without incurring any liability.
2.15.2 Discontinuance Procedures:
• Unless otherwise specified above,the Company will only discontinue service
after it has mailed or delivered a written notice of discontinuance at least five
(5)days prior to the discontinuance of service. The notice of discontinuance
will be delivered separately from any other written matter or bill.
• Service shall not be discontinued on any Friday, Saturday, Sunday, or legal
holiday, or at any time when the Company's business offices are not open to
the public,except where an emergency exists.
• Notice of discontinuance will remain in effect for twenty(20) days beyond
the date of discontinuance shown on the notice. The Company will not
discontinue service beyond the twenty(20) day period until at least five (5)
days after delivery of a new written notice of discontinuance or eight(8)days
after the postmark on a mailed notice.
• In addition to the written notice, the Company shall attempt to advise the
Customer when service is scheduled for discontinuance. The Company shall
not deliver more than two(2) consecutive notices of discontinuance for past
due bills without engaging in collection activity with the Customer.
• Service will not be discontinued for a past due bill after 12:00 p.m. on a day
before or on any Saturday, Sunday, legal holiday recognized by the State of
Idaho, or any day when the utility's business offices are not open. Services
will be discontinued only between the hours of 8:00 a.m.and 2:00 p.m.,unless
the Company is prepared to restore the Customer's service within three (3)
hours of receipt of payment.
• Service will not be discontinued. and will be restored if discontinued,where
a present Customer who is indebted to the Company enters into and complies
with a Deferred Payment Agreement as described in Section 2.10 of this
Tariff.
2.16 Interruption of Service
2.16.1 Credit allowances for interruptions of service which are not due to (a) the Company's
testing or adjusting,(b)to the negligence of the Customer,or(c)to the failure of channels,
equipment or communications systems provided by the Customer, are subject to the
general liability provisions set forth in this Tariff. It
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 23
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
shall be the obligation of the Customer to notify Company immediately of any
interruption in service for which a credit allowance is desired by Customer.Before giving
such notice, Customer shall ascertain that the trouble is not within his or her control, or
is not in wiring or equipment,if any,furnished by Customer and connected to Company's
terminal.
2.16.2 Limitations on Credit for Interruption Allowance
Credits do not apply if the violation of a service quality standard:
2.16.2.A Occurs as a result of a negligent or willful act on the part of the Customer.
2.16.2.13 Occurs as a result of a malfunction of the Customer-owned equipment or
inside wiring.
2.16.2.0 Occurs as a result of,or is extended by, an Emergency Sin Iation.
An Emergency Situation exists when:
• A declaration made by the applicable State or federal governmental agency
that the area served by the Company is either a State or federal disaster area.
• An act of third parties, including acts of terrorism, vandalism, riot, civil
unrest,or war,or acts of parties that are not agents,employees,or contractors
of the Company,or the first seven(7)calendar days of a strike or other work
stoppage.
• A severe storm,tornado,earthquake,flood or fire,including any severe storm,
tornado,or earthquake,flood or fire that prevents the Company from restoring
service due to, for example, impassable roads, downed power lines, or the
closing off of affected areas by public safety officials.
An Emergency Situation shall not include:
• A single event caused by high temperature conditions alone.
• A single event caused, or exacerbated in scope and duration, by acts or
omissions of the Company, its agents, employees, or contractors or by
conditions of facilities, equipment, or premises owned or operated by the
Company.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 24
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
• Any service interruption that occurs during a single event listed above but is
not caused by those single events.
• A single event that the Company could have reasonably foreseen and taken
precaution to prevent, provided, however,that in no event shall a Company
be required to undertake precautions that are technically infeasible or
economically prohibitive.
• One extended by the Company's inability to gain access to the Customer's
premises due to Customer's act or omission, including, for example, due to
the Customer missing an appointment, provided that the violation is not
further extended by the Company.
• One that occurs as a result of a Customer request to change the scheduled
appointment, provided that the violation is not further extended by the
Company.
• One that occurs as a result of a Company's right to refuse service to a
Customer consistent with applicable law.
• One that occurs as a result of a Customer request for service in a geographic
area where the Company is not currently offering service, or there are
insufficient facilities to meet the Customer's request for Service, subject to a
Company's obligation for reasonable facilities planning.
2.17 Cost of Collection and Repair
2.17.1 The Customer is responsible for any and all costs incurred in the collection of monies due
the Company.The Customer is also responsible for recovery costs of Company provided
equipment and any expenses required for repair or replacement of damaged equipment.
2.18 Dishonored Checks
2.18. 1 If the Customer remits to the Company on more than one(1)occasion during a twelve
(12) month period a check, draft, or other instrument which is dishonored the Company
may refuse acceptance of further checks and place the Customer on a"cash" basis.Under
a"cash" basis the Company may require the Customer to pay by money order, certified
check,or cash.
2.19 Service Restoral Charge
2.19.1 Unless otherwise specified,the Company will charge a service restoral fee of$25.00.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 25
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.19.2 This fee will be automatically waived for the Customer's first service restoral each
calendar year.
2.20 Customer Service
2.20.1 Customers can reach the Company's Customer Service department by dialing the number
provided on the Customer bill. The Company will resolve any disputes properly brought
to its attention in an expeditious and reasonable manner.
2.20.2 Customers may also reach the Company during normal business hours(9am-5pm)
by calling its toll-free number at 844-583-2866.
2.20.3 The Company shall direct its personnel engaged in personal contact with the Applicant,
Customer,or user seeking dispute resolution to inform the Customer of their right to have
the problem considered and acted upon by supervisory personnel of the Company where
any dispute cannot be timely resolved.The Company shall further direct such supervisory
personnel to inform such Customer who expresses non-acceptance of the decision of such
supervisory personnel of their right to have the problem reviewed by the Commission
and shall furnish them with the telephone number, address, and website of the Idaho
Public Utilities Commission as follows:
Idaho Public Utilities Commission
11331 W.Chinden Blvd. Building 8
Suite 201-A
Boise, ID 83714
(800)432-0369
Idaho Public Utilities Commission
Website: https://puc.idaho.gov
2.21 Service Area
2.21.1 The Company will provide Services throughout the geographic area within the State of
Idaho.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019
Eaton Fiber Idaho,LLC Idaho Tariff No. 1
Original Sheet No. 26
COMPETITIVE LOCAL EXCHANGE SERVICE TARIFF
2.22 Rate Periods
2.22.1 Company's services are not time of day sensitive unless otherwise specified. The same
rate applies twenty-four(24)hours per day,seven(7)days per week.
2.23 Individual Case Basis (ICB)Arrangements
2.23.1 In lieu of those set forth in this Tariff,the terms,conditions,rates,and charges,including
minimum usage, installation, special construction, and recurring charges for the
Company's services may be negotiated and established on an Individual Case Basis("ICB
Arrangements").taking into account the nature of the facilities and services,the costs of
construction and operation, the volume of traffic transmitted, the length of service
commitment by the Customer,and any other relevant factors.The terms and conditions of
ICB Arrangements will be set forth in individual Customer contracts. Unless otherwise
specified in an ICB Arrangement,the terms and conditions set forth in this Tariff shall be
wholly superseded by and not applicable to such ICB Arrangement. Specialized rates or
charges will be made available to similarly situated Customers on a nondiscriminatory
basis.
Issued: Issued By: Effective:
Eaton Fiber New Idaho,LLC
152 West 57th Street, 34th FL
New York,NY 10019