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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 r- qa� Cheruni Patibenda-Sanchez.Secretary of State is 10315353 8300 f�.. Authentication:204858867 `i r. �� ;. 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