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HomeMy WebLinkAbout20251203APPLICATION.pdf Troutman Pepper Locke LLP troutman, Bank of America Plaza, 600 Peachtree Street NE, Suite 3000 pepper locke Atlanta, GA 30308 troutman.com Victor M. Noriega LTS'T25O RECEIVED ' ' D 404.885.3037 December 3, 2025 victor.noriega@troutman.com IDAHO PUBLIC UTILITIES COMMISSION December 3, 2025 VIA EMAIL Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, Idaho 83720-0074 secretary@puc.idaho.gov Re: LTS Telecommunications Services (USA) Inc. — Application for Certificate of Authority to Offer Telecommunications Services Dear Ms. Barrios-Sanchez: Enclosed with this letter is LTS Telecommunications Services (USA) Inc.'s ("Applicant") application for a certificate of authority to offer competitive telecommunications services in Idaho pursuant to IDAPA 31.01.01.114 and by Order No. 32277 in Case No. GNR-T-11-01 ("Application"). Applicant respectfully requests confidential treatment of Exhibit F, Financial Statements, as trade secret,pursuant to Idaho Code § 74-107 and IDAPA 31.01.01.067. If you have any questions or need further information, please contact Victor Noriega at 404-885-3037 or Victor.Noriega@troutman.com. Sincerely, x By Victor M. Noriega Counsel for LTS Telecommunications Services (USA) Inc. Vicor Noriega, GA Bar No. 297499 600 Peachtree Street NE, Suite 3000 Phone: (404) 885-3037 Email: Victor.Noriega@troutman.com Counsel for LTS Telecommunications Services (USA) Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of LTS Telecommunications ) Case No. Services (USA) Inc. for Certificate of ) Authority to Offer Telecommunication ) Services ) IDAPA 31.01.01.114.01: Name,Address, and Form of Business Applicant is a corporation incorporated in the State of Delaware. The primary address of Applicant is: LTS Telecommunications Services (USA) Inc. 6405 Mira Mesa Blvd., Suite 200 San Diego, California, 92121 Phone: (857) 527-6400 Facsimile: (858) 527-6464 Website: https://www.ledcor.com A copy of Applicant's Articles of Incorporation is attached as Exhibit A. A copy of Applicant's certificate of good standing issued by Delaware's Secretary of State is attached as Exhibit B. Applicant's certificate of authority issued by the Idaho Secretary of State is attached as Exhibit C. Applicant's Registered Agent in Idaho is: Corporation Service Company 1305 121h Avenue Road Nampa, ID 83686 A list of Applicant's officers and directors is attached as Exhibit D. Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Please see Applicant's organizational chart, attached as Exhibit E. IDAPA 31.01.01.114.02: Description of Service & Territory Applicant seeks authority to offer resold and facilities-based local exchange and interexchange telecommunications services, including point-to-point high-capacity services (i.e., private line,Ethernet,and Wavelength).Applicant's business is primarily focused on serving large enterprise customers at competitive rates through individual case basis contracts. Applicant requests authority to offer non-switched local exchange and interexchange services (non-voice) statewide. Applicant intends to construct its own fiber-optic facilities, and anticipates providing key route and service maintenance on all of its constructed fiber facilities. IDAPA 31.01.01.114.03: Financial Information Applicant's financial information is attached as Exhibit F and are marked "CONFIDENTIAL." IDAPA 31.01.01.114.04: Tariffs and Price Lists Applicant's proposed tariff is attached as Exhibit G. IDAPA 31.01.01.114.05: Tariff and Customer Contact Tariff Contact: Michael Murray, Senior Vice President,U.S. Infrastructure LTS Telecommunications Services (USA) Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 Email: Michael.Murray@ledcor.com Phone: 858-401-1001 Customer Complaint Contact: Bernard Matthews, Director of Field Operations LTS Telecommunications Services (USA) Inc. 6405 Mira Mesa Blvd., Suite 200 San Diego, CA 32121 Phone: (877) 859-1155 Email: Bemard.Matthews(&,,ledcor.com Toll-Free Number for Customers: (877) 859-1155 Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services IDAPA 31.01.01.114.06: Interconnection Agreements Applicant has not initiated interconnection negotiations with any carrier in Idaho. IDAPA 31.01.01.114.07: Compliance with Commission Rules Applicant has reviewed the Commission's rules and will comply, or request for waiver of those rules believed to be inapplicable, or both. IDAPA 31.01.01.114.08: Conservation of Telephone Numbers Applicant acknowledges that it shall be subject to conservation measures per Commission Rule and Order, including Commission Order No. 30425. WHEREFORE, LTS Telecommunications Services (USA) Inc. requests that the Idaho Public Utilities Commission enter an order granting a Certificate of Public Convenience and Necessity authorizing LTS Telecommunications Services (USA) Inc. to offer competitive telecommunications services. Respectfully submitted, LTS Telecommunications Services (USA) Inc. By: Is/Michael Murray Title: Senior Vice President, US Infrastructure Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Exhibit List • Exhibit A: Articles of Incorporation • Exhibit B: Certificate of Good Standing in Delaware • Exhibit C: Certificate of Authority Issued by the Idaho Secretary of State • Exhibit D: Applicant's list of Officers and Directors • Exhibit E: Applicant's Organizational Chart • Exhibit F: Applicant's Financial Statements (CONFIDENTIAL) • Exhibit G: Applicant's Competitive Access Provider Tariff Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Exhibit A Articles of Incorporation Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Delaware Page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF INCORPORATION OF "LTS TELECOMMUNICATIONS SERVICES (USA) INC. ", FILED IN THIS OFFICE ON THE SEVENTH DAY OF NOVEMBER, A.D. 2017, AT 1:58 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. r S P� S Opio T y w.e49100,s«.w..y of Sbe. a 6607436 8100 Authentication: 203538972 SR#20176972529 `�4w Date: 11-08-17 You may verify this certificate online at corp.delaware.gov/authver.shtml State of Delaware Secretary of State Division of Corporations Deflvered 01:58 PM 11/07/2017 FILED 01:58 PM 11/07/2017 STATE OF DELAWARE SR 20176972529 - FIIeNamber 6607436 CERTIFICATE OF INCORPORATION A STOCK. CORPORATION The undersigned Incorporator,desiring to form a corporation under pursuant to the General Corporation.Law of the State of Delaware,hereby certif es.as follows: 1. The name of the.Corporation is LTS Telecommunications Services (USA) Inc. 2. The Registered Office of the.corporation in the State of Delaware.is located at 251 Little Falls Drive (street), in the City of Wilmington ,County of New.Castle Zip Code 19808 The name of the Registered Agent at such address upon ; whom process against this corporation may be served.is Corporation Service Company 3. The purpose of the corporation is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of Delaware. 4. The total amount of stock this corporation is authorized to issue.is 5,000 shares.(number of authorized shares}with a par value of $0.01 per share. 5. The name and trailing address of the incorporator are as follows. Name Karen Graham Mailing Address5405 Mira Mesa Blvd., Suite 100 San Diego,CA Zip Code 92121 By: L", io Incorporator I Name:Karen.Graham Print.or Type s z i i Exhibit B Certificate of Good Standing in Delaware Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Delaware Page 1 The First State I, CHARUNI PATIBANDA—SANCHEZ, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "LTS TELECOMMUNICATIONS SERVICES (USA) INC. " IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TWELFTH DAY OF NOVEMBER, A.D. 2025. �p AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL REPORTS HAVE fk BEEN FILED TO DATE. IUD AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "LTS TELECOMMUNICATIONS SERVICES (USA) INC. " WAS INCORPORATED ON THE SEVENTH DAY OF NOVEMBER, A. D. 2017. F Mu AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES HAVE �k BEEN PAID TO DATE. I•It� r# rY 0), Rmm 0 m�m 1��Nyy •C IN gel" '1 I� so-pi C IC Fk a m�ya opt Charuni Patibanda-Sanchez,Secretary of State 6607436 8300 � %. Authentication: 205295411 SR# 20254538528 `"AW Date: 11-12-25 You may verify this certificate online at corp.delaware.gov/authver.shtml Exhibit C Certificate of Authority Issued by the Idaho Secretary of State Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services State of Idaho Office of the Secretary of State CERTIFICATE OF REGISTRATION OF LTS TELECOMMUNICATIONS SERVICES (USA) INC. Filing Number- 6531340 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- 14 November 2025 p'� SEAL�l a p R, 1 Phil McGrane y I - Q� Secretary of State ?� ;; Processed by: Business Division Exhibit D LTS Telecommunications (USA) Inc. Officers and Directors OFFICERS Name Address Titles Commenced Jimmy Byrd 14400 The Lakes Blvd. uite Executive Vice President, September 1, 100, Building C Pflugerville, Corporate Development 2023 Texas, USA 78660 John Kump 1500 - 1067 West Cordova Street Executive Vice President December 16, Vancouver, BC V6C 1C7 & Chief Financial Officer 2019 Iain Morris 1500 - 1067 West Cordova Street Executive Vice President, December 15, Vancouver, BC V6C 1C7 Ledcor Technical Services 2024 Thomas 644005 Mira Mesa Blvd., Suite Chief Legal Officer& December 15, Lofaro San Diego, California, USA 92121 Corporate Secretary 2022 Ashwin 6405 Mira Mesa Blvd., Suite Senior Vice November 7, Chitamun 200 President, Business 2017 San Diego, California, USA 92121 Development Farran 1500 - 1067 West Cordova Street Senior Vice July 25, 2025 Hobbs Vancouver, BC V6C 1C7 President, Services & Operations Michael 14400 The Lakes Blvd. uite Senior Vice May 1, 2023 Murray 100, Building C Pflugerville, President Texas, USA 78660 ' Operations, US Infrastructure Harminder 1500 - 1067 West Cordova Street Senior Vice President, September 1, Gill Vancouver, BC V6C 1C7 Strategy&Business 2023 Development Benjamin 1500 - 1067 West Cordova Street Senior Vice November 1, Martin Vancouver, BC V6C 1C7 President, Finance & 2024 Risk Management Christopher 1500 - 1067 West Cordova Street Vice President, Taxation November 7, Wales Vancouver, BC V6C IC7 2017 DIRECTORS Name Address Commenced Thomas Lofaro ira Mesa v Suite an Diego, November 7, 2017 California, USA 9212T lain Morris 1500 - 1067 West Cordova Street, Vancouver, BC V6C 1 C7 September 1 2023 Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Exhibit E Applicant's Organizational Chart 13107 Delaware LLC 100% 100% 100% ITS Telecommunications ITS Telecom Services ITS Solutions (USA) LLC Services(USA) Inc. (EAST) LLC 100% ITS Managed Technical Services LLC Application ofLTSTelecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services CONFIDENTIAL- TRADE SECRET Exhibit F Applicant's Financial Statements Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services Exhibit G Applicant's Competitive Access Provider Tariff Application of LTS Telecommunications Services (USA)Inc.for Certificate of Authority to Offer Telecommunication Services LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 1 COMPETITIVE ACCESS PROVIDER SERVICES TITLE SHEET LTS TELECOMMUNICATIONS SERVICES (USA) INC. TARIFF NO. 1 This tariff("Tariff')contains the description,regulations, and rates applicable to the furnishing of telecommunications services throughout the State of Idaho provided by LTS TELECOMMUNICATIONS SERVICES (USA) INC. ("Company") with a principal office at 6405 Mira Mesa Blvd., Suite 200, San Diego, CA 92121. The Company's telephone numbers are: MAIN: 858-527-6400 TOLL-FREE SERVICE LINE: 877-859-1155 Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 2 COMPETITIVE ACCESS PROVIDER SERVICES CHECK SHEET All sheets of this Tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original Tariff and are currently in effect as of the date on the bottom of this page. Sheet Revision 1 Original 2 Original 3 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 Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 3 COMPETITIVE ACCESS PROVIDER SERVICES TABLE OF CONTENTS TITLE SHEET 1 CHECK SHEET 2 TABLE OF CONTENTS 3 SYMBOLS 4 TARIFF FORMAT 5 SECTION 1: Definitions and Abbreviations 6 SECTION 2: Rules and Regulations 7 SECTION 3: Description of Services and Rates 14 SECTION 4: [RESERVED FOR FUTURE USE] 16 Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 4 COMPETITIVE ACCESS PROVIDER SERVICES SYMBOLS The following are the only symbols used for the purposes indicated below: C - To Signify Change in Regulation D - To Signify a deletion I - To Signify Rate Increase M - To Signify Text Moved from Another Tariff Location N - To Signify New Rate or Regulation R - To Signify Rate Reduction T - To Signify Change in Text, But No Change in Rate or Regulation Issued: December_, 2025 Effective: December_, 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 5 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF FORMAT A. Sheet Numbering- Sheet numbers appear in the upper-right corner of the sheet. Sheets are numbered sequentially. However, new sheets are occasionally added to the Tariff. B. Sheet Revision Numbers - Revision numbers also appear in the upper-right corner of the sheet. These numbers are used to determine the most current sheet version on file with the Commission. For example, 4th Revised Sheet 14 cancels Yd Revised Sheet 14. C. Paragraph Numbering Sequence-There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level of coding. 2. 2.1. 2.1.1. 2.1.1.A. 2.1.1.A.1. 2.1.1.A.1.(a) 2.1.1.A.1.(a),I. 2.1.1.A.1.(a),I.(i) 2.1.1.A.1.(a),I.(i).(1) D. Check Sheets - When a Tariff is revised, an updated check Sheet accompanies the update on the Company's website. The Check Sheet lists the sheets contained in the Tariff cross reference to the current revision number. When new sheets are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an (*). There will be no other symbols used on this sheet if these are the only changes made to it (i.e., the format, etc., remains the same,just revised revision levels on some sheets). The Tariff user should refer to the latest Check Sheet to find out if a particular sheet is the most current sheet on the Company's website. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 6 COMPETITIVE ACCESS PROVIDER SERVICES SECTION 1 —DEFINITIONS AND ABBREVIATIONS Definitions: Commission—The Idaho Public Utilities Commission. Company - LTS Telecommunications Services (USA) Inc. unless specifically stated otherwise. Customer - The person, firm, corporation, or other entity which negotiates for or uses Company's services and is responsible for payment for such services from the Company. Customer Provided Equipment- Equipment provided by a Customer. Delinquent Date -The last day for payment without unpaid amounts being subject to a late payment charge. Holidays - Company's recognized holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Normal Business Hours - 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, excluding holidays. Premises - The space occupied by an individual Customer in a building, in adjoining buildings occupied entirely by that Customer, or on contiguous property occupied by the Customer separated only by a public thoroughfare, a railroad right-of-way or a natural barrier. [RESERVED FOR FUTURE USE] Abbreviations: [RESERVED FOR FUTURE USE] Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 7 COMPETITIVE ACCESS PROVIDER SERVICES SECTION 2—RULES AND REGULATIONS 2.1 Company Undertaking 2.1.1 Company provides services to other carriers and private entities on an as- negotiated, case-by-case basis and subject to the availability of facilities. Each Customer interested in Company's services may make request for Company's proposals or competitive bids. After receipt of a Company proposal or bid, which may include non-recurring costs for construction and other charges where Company deems new or additional facilities are needed to accommodate the service, the Customer and Company will negotiate the terms and conditions, including pricing, applicable to the provision of services it desires to procure on an individual basis. All negotiated terms and conditions shall be consistent with the provisions of this Tariff. 2.1.2 Company does not provide retail telecommunications services directly to end-users. Company is not responsible for, and this Tariff does not relate to,the establishment of rates or regulations pertaining to the provision of any retail telecommunications services provided directly to end-users by other carriers or private entities who use Company's services to provision such services. 2.1.3 [RESERVED FOR FUTURE USE] 2.2 Limitations on Service 2.2.1 Company's services are available twenty-four (24) hours per day, seven (7) days per week, subject to individually negotiated terms and conditions. 2.2.2 Company's services are provided on a statewide basis and are not intended to be limited geographically. 2.2.3 Company may rely on third parties to provide all or a portion of Company's services. The election of such third-party vendors is made by Company. Company reserves the right to change such third-party vendors at any time. 2.2.4 Company's services are offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this Tariff. 2.2.5 Subject to individually negotiated terms and conditions, Company reserves the right to discontinue furnishing service upon written notice, when necessitated by conditions beyond its control, which may include, but not limited to, loss of or Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 8 COMPETITIVE ACCESS PROVIDER SERVICES significant cost increases associated with any services, facilities, rights of way, or other inputs provided by third parties, or when the Customer is using the service in violation of the provisions of this Tariff or in violation of the law. 2.2.6 Title to any equipment provided by Company under these regulations remains with Company. Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this Tariff shall apply to any assignee or transferee. 2.2.7 Company does not transmit messages, but the services may be used for that purpose. 2.3 Use of Service 2.3.1 Company's services may be used for any lawful purpose consistent with the transmission and switching capabilities of the telecommunications facilities utilized in the provision of services. 2.3.2 Company's services may not be resold by Customer, but be arranged for joint use or authorized use subject to the individually negotiated terms and conditions applicable to such services. 2.4 Limitation of Liability 2.4.1 Company shall not be liable to any person, firm or entity for damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages or lost profits arising out of mistakes, accidents, errors, omissions, interruptions, delays or defects in transmissions and not caused by the negligence of the Company, commencing upon activation of service and in no event exceeding an amount equivalent to the proportionate charge to the Customer for the period of service during which mistakes, accidents, errors, omissions, interruptions, delays or defects in transmission occurred. 2.4.2 Company makes no warranty, whether express, implied or statutory, as to the description,quality,merchantability,completeness or fitness for any purpose of the service or local access, or as to any other matter, all of which warranties by Company are hereby excluded and disclaimed. 2.4.3 Subject to individually negotiated terms and conditions, Company may indemnify the Customer and hold it harmless in respect to any and all loss, damage, liability or expense asserted against the Customer by a third party on account of any Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 9 COMPETITIVE ACCESS PROVIDER SERVICES property damage or personal injury caused by any negligence or willful misconduct of Company or its agents or representatives arising out of performance by Company of any testing or other activities on the Customer's premises pursuant to this Tariff. Company's obligations under the immediately preceding sentence shall be subject to the Customer's full performance of this Tariff and subject further to the Customer's duty to take reasonable precautions in the location, construction, maintenance, and operation of all activities, facilities and equipment for the protection against hazard or injury and to not interfere with the services provided by Company. 2.4.4 Subject to individually negotiated terms and conditions, Company shall be indemnified and held harmless by the Customer against: A. Claims for libel, slander, infringement of copyright or patent infringement, unauthorized use of any trademark, trade name or service mark arising out of the material, date information, or other content transmitted over the Company's facilities; and B. All other claims arising out of any act or omission by the Customer in connection with any service provided by Company. 2.4.5 All language in this Section may be subject to individual negotiation on a case-by- case basis. The language set forth in this Section does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequential damage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 2.5 Interruption of Service A credit allowance for interruptions of service which are not due to Company's testing or adjusting, to the negligence of the Customer, or to the failure of the channels, equipment and/or communications systems provided by the Customer, are subject to the general liability provisions set forth in this Tariff, which in turn are subject to individually negotiated terms and conditions. It shall be the obligation of the Customer to notify Company of any interruption in service. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission by or within the Customer's control. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 10 COMPETITIVE ACCESS PROVIDER SERVICES 2.6 Restoration of Service The use and restoration of service in emergencies shall be in accordance with the Part 64, Subpart D of the Federal Communication Commission's Rules and Regulations which specifies the priority system for such activities. 2.7 Credit Allowance No credit shall be issued for the unavailability of Company's services. 2.8 Customer Responsibility 2.8.1 General All Customers assume general responsibilities in connection with the provisions and use of Company's service. When facilities, equipment, and/or communication systems provided by others are connected to Company's facilities, the Customer assumes additional responsibilities. In addition to any applicable individually negotiated responsibilities of a Customer, all Customers are responsible for the following: A. Customer is responsible for requesting service, paying all charges for service rendered by Company and complying with all of Company's regulations governing the services. The Customer is also responsible for assuring that its users comply with regulations. B. When Customer notifies Company that it desires to procure Company's services, Customer must provide the name(s) and telephone number(s) of its authorized contract representative(s). C. Customer must pay Company of the replacement or repair of Company's equipment when the damage results from: I. Negligence or willful act of the Customer or user, 2. Improper use of service, or 3. Any use of equipment or service provided by others. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 11 COMPETITIVE ACCESS PROVIDER SERVICES 2.8.2 Maintenance, Testing, and Adjustment Upon reasonable notice, and in accordance with any applicable negotiated terms and conditions, the equipment provided by Company shall be made available to Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition.No interruption allowance will be granted for the time during which such tests and adjustments are made. 2.8.3 Deposits Company may require a cash deposit or guarantee of payment from any Customer who has not established good credit with Company in accordance with IDAPA 31.41.01.100.01. Interest shall be paid on deposits held by the Company and the rate of interest will be the rate determined by the process described in IDAPA 31.41.01.104. The interest rate will be rounded to the nearest whole percent pursuant to IDAPA 31.41.01.104.02. Deposits shall be returned to the business Customer when service is terminated or after twelve (12) consecutive months of service with no more than one (1) late payment. Upon termination of service, deposits with accrued interest shall be credited to the final bill and the balance returned to the Customer. 2.8.4 Cancellation by Customer If a Customer negotiates for services requiring special equipment and/or facilities dedicated to the Customer's use and then cancels the negotiated arrangement before the service begins, a charge will be made to the Customer for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by Company, subject to any other remedies available under the terms and conditions individually negotiated with the Customer. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 12 COMPETITIVE ACCESS PROVIDER SERVICES 2.8.5 Payment and Charges for Services A. Services are provided and billed for in accordance with any applicable negotiated terms and conditions, and in accordance with IDAPA 31.41.01.200 through 31.41.01.299. B. Payment is due in accordance with any applicable negotiated terms and conditions. C. In the event of a dispute concerning a bill, Customer must proceed with any negotiated complaint procedures. D. The Customer is responsible for payment of all charges for service furnished to the Customer. E. Customer's responsibility for payment of any state and local taxes and fees (i.e. gross receipts tax, sales tax, municipal utilities tax, franchise tax, franchise fees, telecommunications property tax, other property tax, etc.) shall be in accordance with any applicable negotiated terms and conditions. F. Customers will be charged a late payment penalty in accordance with any applicable negotiated terms and conditions. G. Customers will be charged on all checks returned to Company by the issuing entity. 2.8.6 Customer Complaint Procedure Company will resolve any disputes brought to its attention as promptly and effectively as possible. Customer Service Representatives can be reached via the following toll-free telephone number: 877-859-1155. Any unresolved disputes may be directed to the Commission at P.O. Box 83720 Boise, Idaho 83720-0074. In the event of a dispute concerning an invoice, the Customer must proceed with any negotiated complaint procedures. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 13 COMPETITIVE ACCESS PROVIDER SERVICES 2.9 Company Responsibility 2.9.1 General The responsibilities of Company set forth in this Tariff shall be in addition to any applicable negotiated responsibilities and obligations of Company. 2.9.2 Discontinuance of Service by Company Company may discontinue its provision of services in accordance with any applicable negotiated terms and conditions. Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 14 COMPETITIVE ACCESS PROVIDER SERVICES SECTION 3—DESCRIPTION OF SERVICES AND RATE 3.1 Carrier Service Offerings This section describes Company's carrier and private entity service offerings and the rates applicable thereto. These service offerings are not offered directly to retail end-users. 3.1.1 Description of Carrier Services A. Key Route Maintenance Services Company provides key route maintenance on all components of its constructed fiber optics systems, including,but not limited to, constructing, operating, and maintaining complex fiber optics telecommunications infrastructure. B. [RESERVED FOR FUTURE USE] Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 15 COMPETITIVE ACCESS PROVIDER SERVICES 3.1.2 Pricing Arrangements for Carrier Services Customized service packages and competitive pricing packages at negotiated rates will be furnished on a case-by-case basis in response to requests by Customers to Company for proposals or for competitive bids, subject to the availability of facilities. A. Case-by-Case Basis Pricing 1. Case-by-case basis pricing is a service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer. 2. Rates, terms and conditions of services shall be determined on a case-by-case basis and determined by contract between Company and the Customer. 3. Customer-specific contracts may include, but are not limited to: a. Indefeasible Rights of Use (IRU); b. Fiber Leases; C. Operations and Maintenance Agreements; and d. Colocation Services Agreements. 3.2 [RESERVED FOR FUTURE USE] 3.3 [RESERVED FOR FUTURE USE] 3.4 [RESERVED FOR FUTURE USE] Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121 LTS TELECOMMUNICATIONS SERVICES(USA)INC. Tariff No. 1 ORIGINAL SHEET 16 COMPETITIVE ACCESS PROVIDER SERVICES SECTION 4 [RESERVED FOR FUTURE USE] Issued: December_, 2025 Effective: December , 2025 Issued By: Michael Murray LTS Telecommunications Services (USA)Inc. 6405 Mira Mesa Blvd., San Diego, CA 92121