Arkansas PubIic Service Commission Docket Summary Cover Sheet (For all dockets other than Rate Cases, "TIP, "Ct' and "TF" Dockets Must be filed with each new docket filed at thc Commission FILED STYLE OF DOCKET: (Style may bc chanecd by Sccrctary of Commission) Docket Number: In the Mattcr of the Application of Rcsidcnlial Long Distance. Inc. for a Ccrtificatc of Public Convcnicncc and Necessity to Opcrate as a ReselIer of Inlerexchange Tclcmmmunicntions ScMccs Within thc Statt of DOCKET DESIGNATOR: 0U 0 A R P Nature of Action: (Set sccond shcct) PETITIONER/INITIATINGPARTY* Residential Long Distance,Inc. Alicia Trodcr, RcguIntory and Compliance Manager 300 Maple Park Blvd., Stc. 301 St CIair Shorts, Michigan 48081 compIianDc@n=si-ld.com Offi~e:(556) 218-6070 Fax: (855)580-02 I3 ATTORNEYS'NAME. ADDRESS. PHONE, FAX AND & M A L I h c e J.M. S t e i n h a P.C. Lance J.M. S t e i n h a Esq. 1720 Windward Concourse, Suite I 15 Alphmetta, Georgia 30005 lncinh~tclecomcounscl.com O f f i ~(770) ~ : 232-9200 Fax: (770) 232-9208 *Ifthc initiatinuartv i s not a iurisdictianal utilitv in A bxnw. alwsc a w i d e rnailinEaddress. P ~ Qe.D fax and c-mait forthe Enmpanv Residcntial Long Distanw, Inc. AliciaTrcdm. Rcgulatory and Compliance Managcr 300 Maple Park Blvd.. Ste. 301 St CIair Shorcs, Michigan 45081 Lance J.M. Steinharl, P.C. Lance J.M.Stcinhart. Esq. 1720 Windward Concourse,Suitc 1 15 Alpharcm Gcorgia 30005 [email protected] Office:(586)218-6070 Fm: (855) 580-0213 Inciah~teIccomcounscI.com O ~ ~ C(770) C : 232-9200 Fa: (770)732-920s Form compIctcd by: Lance J.M.Steinhart. P.C. Date: .Mmh 30.201 1 Representing: Residcntial Long Distance, Inc. 1 NATURE OF ACTION: Please choose at least one, but no more than three docket types Wholesale Rate Adjustment In the Matter of the Application of Residential Long Distance, Inc. for a Certificate of Public Convenience and Necessity to Operate as a Reseller of Interexchange Tdccommunications Services Within the State of Arkansas 1 1 1 Docket No. 1 1 1 1 FILED I IdojgdlJ1 1 APPLICATION FOR A CERTWICATE OF PUBLIC COWNIFNCE AM) NECESSITY OF RFSDENTIAL LONG DISTANCE, INC. Residential Long Distance, Inc. (hereinafter "Applicant"), by its attorney and pursuant to the Rules of the Arkansas Public Service Commission (ItPS@'),hereby pctitions the PSC for the issuance of a Certificate of PubIic Convenience and Necessity, authorizing Applicant to resell interexchange telecommunications services within the State of Arkansas. In support of its Application, Applicant provides the following information: A. Name and Address of AppIicant Residentid Long Distance, Inc. 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 Telephone: (586) 218-6070 Facsimile: (855) 580-0213 Email address: [email protected] Correspondence concerning this Appliczdon should be addressedto Applicant's counsel: Lance J.M. S t e m Esq. Lance J.M. Steinhart, P.C. I720 Windward Concourse, Suite 115 Alphtta, Georgia 30005 Telephone: 770-232-9200 FacsimiIe: 770-232-9208 E d : [email protected] Applicant has retained the following register4 agent in the state of Arkansas in order to receive serviceofprocess: Incorp &mica, Inc. 455 Maurice St. Hot Springs, AR 719016050 w. 2 B. Certificate of Incorporation and Other Corporate Matters AppIicant was organized in the State of Nevada on September 8, 2010. A copy of Applicant's Artides of Incorporation is attached hereto as Exhibit 1. A copy of Applicant's authority to tmsact business as a Foreign For Profit Corporation in the State of Arkansas is attached hereto as Exhibit 2. The following is a list of applicant's corporate officers and directors: OFFICERS: Martin Tibbitts Rick Beer President Secretmy The above-Iisted individuals can be reached at Residential Long Distance, Inc., 300 Maple Park Blvd., Ste. 301,St.Clair Shores, Michigan 48081;TeIephone: (586) 218-6070. 6 C. The Sentice to be Offered bv Applicant and the Territorv to be Served Applicant is a reseller of long-distance telephone senices offered by hcilities-based interexchange carriers. Amlicant neither owns, leases, nor operates any switching. Wsmission. or other phvsical hcilities in the State of Arkansas. and no such faciIities will be used by Applicant in providing long-distance service in the State of Arkansas. Upon receiving CertXcation, Applicant intends to provide telecommunications services, including outbound diding, inbound toll-fiee, and calling card services, throughout the State of Arkansas. Applicant intends to provide these sewices throughout the United States and is currently in the process of obtaining d l required authorizations from the various public service and utiIities commissions. Applicant is currently not authorized to provide service pursuant to certification, registration, notification or on an unregulated basis in any states. AppIicant intends to provide high quality service, with an industry standard blocking rate less than P.01. Its services will be available on a fuIl-time basis, twenty-fourhours a day, seven days a week, to customen within the geogmphic boundaries of the State ofArkansas. 4 D. Financial QuaIifications Attached hereto as Exhibit 3 is a copy of the AppIicant's Balance Sheet as of December 3 1, 2010 and Profit and Loss Statement for the period ended December 3 1,2010,which demonstrates that Applicant has the financial abdity to provide the services that it proposes to offer. E. Managerid and TechnicaI OuaIiications Applicant's key management personnel have extensive experience which is set forth in Exhibit 4 which is attached hereto. Furthermore, since AppIicant will providing services as a resdler, Applicant will also rely upon the technical expertise of its facilities-based underlying carriers which initialIy will be Southwestern Bell Telephone, L.P. d/b/a AT&T Arkansas ("AT&T Arkansas"). F. competition Will Be Enhanced bv Applicant's Offerings In Docket Nos. 83-0324 and 97-5284, the Commission found that competition in the intrastate toll market is in the public interest. Grant of this Petition will further the public interest by expanding the availability of competitive telecommunications services in the State. In addition, intrastate offering of these services is in the public interest because the services will provide customers with access to new IechnoIogies and service choices, and can permit customers to achieve increased efficiencies and cost savings. AppIicant's entry into the intrastate interexchange telecommunications services market thereby will enhance the teIecommunications infrastructure in the State and wilI facilitate economic development. 8 In particular, the public wiII benefit directIy, through the use of the competitive services to be offered by Applicant, and indirectly, because the presence of Applicant in this market will increase the incentives for other telecommunications providers to operate more efficiently, offer more innovative services, reduce their prices, and improve their quality of service. F. Proposed Tariff Applicant’sproposed initid tariffis attached hereto as Exhibit 5. G. Conclusion In view of foregoing, Applicant respectfully requests that the PSC grant this Applicant the authority requested herein. Respectfully submitted 1720 Windward Concourse Suite 115 Alpharetta, Georgia 30005 (770) 232-9200 (770) 232-9208 (Fax) [email protected] 6 (Email) AFFIDAVIT OF APPLICANT I, Martin Tibbitts, P r e s i d e n t of Applicant, having been duly sworn and deposed, hereby s t a t e s as follows: I have reviewed the foregoing application and have prepared the E x h i b i t s thereto or had them prepared under my direction a n d supervision, and t h e information and representations contained therein are true and correct to t h e best of my knowledge and belief . X Martin Tibbitts President x Sworn to me, t h e undersrgned Notary Public on this Q day of d)Itr.l!'FLJ , 2011. s t a t e of Michigan County of &comb N o t q Public My C d s s f o n E x p i r e s : 6 AR IXC App LIST OF F,XHIBTS EXHIBIT 2 - AUTHORITY TO TRANSACT BUSINESS AS A FOR33IGN FOR EXHIBIT 1 ARTICLES OF INCORPORATION PROFIT CORPOIUTION EXHIBIT 4 - BIOGRAPHICAL ITWORMATION EXJ3IBIT 5 - PROPOSED INITIAL TARIFF 8 - EXHIBIT 1 ARnmES OF INCORPORATION 9 STATE OF NEVADA OFFICE OF THE SECRETARY OF STATE Certified Copy February 7,20 11 Job Number: C201 10204-0232 Reference Number: 0000301162486 Expedite: Through Date: The undersigned filing oficer hereby certifies that the attached copies are true and exact copies of all requested statements and related subsequent documentation filed with the Secretary of State’s Office, Commercial Recordings Division listed on the attached report. Document Number@) 20100681064-18 Number of Pages 1 Pagedl Copies Description Articles of Incorporation Respect filIy, -7Z2LROSS MILLER Secretary of State Certified By: Joann Larson Certificate Number: C201102O4-0232 You may verify this certificate online at http:lhwwmsos.govl Commercial Recording Division 202 N. Carson Street Carson City, Nevada 897014069 Telephone (775) 684-5708 F ~ (775) x 684-7138 ROSS MILLER Secretafyof state 204 North Carson Street, S u b 4 Carson City, Nevada897014520 p5) Webs-k www.nvsos.gov wnos 20100681064-18 I Filmg Datc and Tm Articies of Incorporation I (PURSUANTTO NRS CHAPTER 78) m t y N h state Of Nevada - USE BLACK H K ONLY Dt WT HIGHLIGHT I . Name of 0910812010 8:17 AM Ross WIer Secretary of State EO447602010-7 ABOVE SPACE IS K1R OFFEE USE ONLY Residential Long Distance, Ine. Corpomtion: 2. Registered Agent for Service a . - - - Commerdal RegisteredAgent .BusinessF i l ings'heo~ratd Of PKlCeeSS: ( c h d only one bm) 3. Authorized Stock: (numberof shales mrpomlronIS ardhoi-ked to Issue) I 4. Names and Addresses of the Board of D~reetof5frmstees: 300 Maple PC-Bkd., Suite 301 (each DLedornWee must b m natual p e m n at least 1B years P l a g e : ab& adMona1 page if momthan two Stnet Address- SL Clair Shorts c k - 2) Name dlnctomes) .~ 5. Purpose: ( o p t b ~ i : 1 sea tl+sltudlons) 6, Name, Address and Signature of Incorporator:(ana& addknal page IIrnore than om Incorporalor) Business FXngs Incorporated Name SO40 Excelsior Dr. Ste 200 Acceptance of Appointment of Registered Agent: Madison 1~ staG I hereby accept appointmentas Registered Agent for the above named EntityI/ I , / Mark WiIIiams. AVP, Address 7. Certificate of lneorpwator Signature 1 city i , S j j i + -I _ - _ ~pc~cte Thls formmust be aasomponled by approprielefees. 1 EXHIBIT 2 - AuTlcioTuTy TO TRANSACT BUSINESS AS A FOREIGN FOR PROF" CORPORATION 10 Mark Martin SECRETARY OF STAE To All to Whom These Presents Shall Come, Greetings: I, Mark Martin, Secretary of State of Arkansas, do hereby certify that fhe folIowing and hereto attached instrument of writing is a true and perfect copy of Application for Certificate of Authority of KF,SIDENTKL LONG DISTANCE, INC, filed in this office February 23,201 1 to be a Foreign For Profit Corporationformed under the laws oft h e State of Nevada. I furlher certify that said Foreign For Profit Corporation, having complied with alI statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and afFixed my o f i c i d Seal, Done at my office in the City of bittle Rock, fhis 23rd day of February 2011. 1 I II >D P Secretary of State : I D [ 8 E i Charlie Daniels 4. 5. 6. 7. 8. 9. I O . I undmtand that knowh#y s b h g 8 false document wlth the intent tu li!e It with the Arkansas Secretary of Stab i8 Glass C mMemeartorand is punkhabk by a tine up to $tOQ.MI andlor Imprisonment up to 30 daya by ttla understgnedIn behalf of #e cwpordi on t his the IC-fh , Reddenda1 liong DfBtnaae, DfBtnaae, ~ae. WanedmW e li CERTIFICATE OP EXBTENCE WITH STATUS INGOOD STANDING I, ROSS MILLER, the duly elected and qualified Nevada Secretary of State, do hereby certify that I am,by the laws of said state, the custodian ofthe records relating to filings by corporations, non-profa corporations, corporation soles, limited-liability companies, limited partnerships, limited-liabilitypartnerships and business msts pursuant to Title 7 of the Nevada Revised statutes which are either presentIy in a stabs of good standing or were in good standing for a time period subsequent of 1976 and am the proper officer to execute this certificate. I further certify that the records of the Nevada Secretary of State, at the date of this certificate, evidence, RESIDENTIAL LONG DISTANCE, INC., as a corporation duly organized under the laws ofNevada and existing under and by virtue ofthe laws of the State of Nevada since September 8,2010, and is in good standing in this state. M WITNESS WHEREOF, 1have hereunto set my hand and affixed fhe Great Seal of State, at my office on February 3,201 1. d Electmnlc Certificate Certificate Number: C20110203-0673 You may verify f h b electronic ceFtificate online at http~lwww.nvsos.gov1 ROSS MILLER Secretary of State EXHIBIT 3 -FINANCIAL,S T A T E M S 11 1209 PM Residential Long Distance, Inc 8alance Sheet W22I11. Cash B a e b As of December 31,2010 ASSETS Cutrent Assets CheekinglSavlngs 1010. Cwnsrlea ChsekIng 25.023.00 Totat CheeklngISavhga 25.023.00 Totat CurrentAssets TOTAL ASSl3S LIABILITIES & EQUITY UabIlitferr Current Uabllitles Other Current Uabllles 2300 * U&S Payable Total O b f Current Llabllitles Tote1 current Llabliltles Total Uablllffes EqW Net Income Total Eqully TOTAL UAStLlTJES & EQUITY 25,023.00 25,023.00 25,785.00 25,785.00 25,785.00 25,785.00 -76200 -76200 16,023.00 Page I 12:Oa PM Residential Long Distance, Inc Profit & Loss W2Wf 1 Cash Ba9b January through December2010 - Jan Eec I O -200.00 685.00 277.W 762.00 -7a.00 Met Income -762,oa EXEIIBIT 4 - B1OC;RAPEIICAL INFORMATION 12 Martin J. Tibbitts Executive Bio Martin llbbitts is an accomplished executive leader and entrepreneur. He has over fif-teen years of experience in leading and managing high-technology businesses and providing dynamic direction and oversight to start up companies and emerging technologies. Today he is Chairman of Quemem Incorporated, located in Troy, Michigan. Quernera i s a private investment company comprised of diverse entities specializing in telecommunications, database development, information management, public safety, security and defense. The company also has investments in various companies in the incubation stage. The companies are geographically diverse and have a presence in the United States, Europe, the Middle East and Asia. More specifically, the core of Quemera includes Back Office Support Systems, Inc. a United States based tdecommunications management company, BOSSdev, lnc., a high tech software and product development company with offices in the United States, Europe and with devdopment partners in Asia, and DefenderTech International Solutions LLC, a global threat assessment, threat detection and security company incorporating professional services with the most advanced technologies (THZ imaging, MMW imaging, C C W and Intelligent video) and proven pre and post-installation security services. DefenderTech has offices in the United States and the United Arab Emirates. From an early background in stockbrokerage and investment banking, and with his first company launched in 1994, his skills now include acquisitions, venture funding, strategic planning, sales and marketing and product management. As a result, Martin’s companies enjoy exceptional growth and success. Martin is a 1990 Human Biology graduate of Stanford University. Rick Beer Vice President and Genera1 Manager Back Office Support Systems Rick Beer is the vice president and general manager of Back OEce Support Systems Inc, (BOSS), where he is responsible for the company’s overall operation including marketing existing long distance products, new telecommunications product development and overseeing internal developments, budgeting and staff. Mr. Beer has more than 30 years of experience in corporate and financial management of privately held companies undergoing transitions due to acquisition, recovery or growth. Previously, he was the vice president of fmance and operations of C e h e t Communications, a Detroit based cellular reseller, where he managed all. non-sales staff and restructured several aspects ofthe company’s operations, reducing corporate debt and operating retail expenses. Mr. Beer has also served as a management consultant at Grant Thornton and as President of the Michigan Product Development Corporation. Mr. Beer is a professional engineer in the state ofMichigan and has served in the chairperson’s capacity for HAVEN, the Cranbrook School Alumni Society. and the University of Michigan Engineering CoIIege Alumni Society where he was also a founding member. He is a past member of the board ofthe Metropolitan Center for High Technology. He received his bachelor’s degree in mechanical engineering fiom the University of Michigan. - FXHIBIT 5 PROPOSED INITIAL TARIFT 13 HPR I 10 22 RESIDENTIAL LONG DISTANCE, INC. P I I P '11 ORIGINAL S m E T 1 ARKANSAS PSC TARIFF NO.1 I-rs r1Li-U u TITLE SHEET ARKANSAS TELECOMMUNICATIONS TARIFF This tariff contains the descriptions, regulations, and rates applicable to the furnishing of sewice or facilities for Telecommunications Services furnished by Residentid Long Distance, Inc. ("ResidentiaI''), with principa1 offices ai 300 Maple Park BIvd., Ste. 301, St. Clair Shores, Michigan 48081. This tariff applies for serviccs furnished within the State of Arkansas. This tariff is on file with the Arkansas Public Service Commission, and copies may be inspected, during normal business hours, at the company's principal pIace of business. Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 43081. 'I 2011 ra BM APR I 22 'I1 RESIDENTIAL LONG DISTANCE, INC. F I E ORIGINAL SHEET 2 ARKANSAS PSC TARiFF NO. 1 f"# 8- ULLU CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS - 1. Concurring Carriers None 2. Connecting Carriers - None 3. Other Participating Carriers - None Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 JlPR I IO 22 Alj RESIDENTIAL LONG DISTANCE, JNC* '1 1 ORIGINAL SJJEET 3 ARKANSAS PSC TARIFF NO. 1 CHECK SNEET The sheets of this tariff are effective as of the date shown at the bottom ofthe respective sheet(s). Origind 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 sheet. SHEET REV1SION SHEET EVISION I Original Original Original Original Original 18 Original Original Original Original Original Original Original 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 OriginaI OriginaI Origind Original Ori,&al Original Original Original Original Original Ori,@ld Original 19 20 21 22 23 24 25 26 27 Original OriginaI OliginaI * New or Revised Sheet Issue Date: ApriI I, 2011 By: Effectivc: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. CIair Shores, Michigan 48081 ,2011 APR 1 10 22 '1 1 EIESIDENTIAL, LONG DISTANCE, INC. e!! En c I L L W ORIGINAL SHEET 4 ARKANSAS PSC TARIFF NO. 1 TABLE OF CONTENTS TARIFF FORMAT ................................................................... ..................._........................................ 5 SECTION I - TECHNICAL TERMS AND ABBREVIATIONS ................._....................._.....-..... 7 SECTION 2 - RULES AND REGULATIONS ............................................................................... 9 SECTION 3 - DESCRIPTION OF SERVICE...................................... ........................................-19 SECTION 4 - RATES ,...........,....................................................................._... .............._... ............24 _ _ Issue Date: ApriI I, 2011 By: __ _ - - - Effective: Martin Tibbitts, President 300 Maple Park Blvvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 I la 22 RESIDENTIAL LONG DISTANCE, INC. F I E 1- '11 ORIGINAL SWEET 5 ARKANSAS PSC TARIFF NO. I t-n rrh,cu TARIFF FORMAT A. Sheet Numbering: Sheet numbers appear in the upper right corner of the page. Sheets are numbered sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between pages 11 and 12 would be page I 1.1. B. Sheet Revision Numbers: Revision numbers also appear in the upper right corner of each sheet where applicable. These numbers are used to indicate the most current page version on file with the Commission. For example, 4th Revised Sheet 13 cancels 3rd Revised Sheet 13. Consult the Check Sheet for the sheets currently in effect. C. Paragraph Numbering Sequence: There are nine levels of parampphcoding. Each level of coding is subservient to its next higher level: 2. 2.1 2.1.1 2.1 .I .A 2.1.I.A.I 2.1. I .A. I .(a) 2.1. I .A. I .(a).X 2.1 .I .A.I.(a).L(i) 2.1 -1.A. I .(a)J.(i)-(11 D. Check Sheets: When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the sheets contained in the tariff, with a 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 asterisk (*). There will be no other symbols used on t h i s 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 shouId refer to the latest Check Sheet to find out if a particular sbeet is the most current on Commission fiIe. Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. CIair Shores, Michigan 48081 ,2011 APR I 10 22 1#'I 1 RESIDENTIAL LONG DISTANCE, MC. €-I n ORIGINAL SHEET 6 ARKANSAS PSC TARIFF NO. 1 I iHa, SYMBOLS The following are the only symbols used for the purposes indicated below: to signify change in regulation @) to signify a deletion (I) to signify a rate increase (C) (L) (N) (R) (T) to signify material reIocated in the tariff to signify a new rate or regulation to sigaify a rate reduction to s i , ~ f ya change in text, but no change in rate or regulation Issuc Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 IWSIDENTIAL LONG DISTANCE,INC. ORIGINAL S m E T 7 ARKANSAS PSC TARWF NO. 1 - SECTION 1 TECHNICAL TERMS AND ABBREVIATIONS Access Line - An arrangement fiom a local exchange telephone company or other common carrier, using either dedicated or switched access, which connects a Customer's location to the Company's location or switching center. Authorization Code - A numerid code, one or more of which may be assigned to a Customer, to enable the Company to identify the or@ of the Customer so it may rate and bill the caII. Automatic number identification (ANI) is used as the authorization code wherever possible. Commission - Used throughout this tariff to mean the Arkansas PubIic Sentice Commission. Customer - The person, firm, corporation or other legal entity which orders the services of the Company and is responsible for the payment of charges and for compliance with the Company'stariff regulations. Compmv or Residential Inc., a Nevada Corporation. - Used throughout this tariff to mean Residential Long Distance, Dedicated Access - The Customer gains entry to the Company's sentices by a direct path from the Customer's location to the Company's point of presence. Issue Date: April I, 2011 By: Effectivc: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 APR 1 WSIDENTIAL LONG DISTANCE, INC. O I 22 All '11 ORIGINAL SHEET 8 ARKANSAS PSC TARIFF NO. 1 Resp. Ore - ResponsibIe Organization or entity identified by a Toll-Free service Customer that manages and administers records in the toll free number database and management system. Switched Access - The Customer gains entry to the Company's services by a transmission line that is switched through the local exchange carrier to reach the Company's point of presence. Telecom Unit - A measurement of telecommunications service equivalent to one minute of usage between any bvo points within the State of Arkansas. Telecommunications- The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Under1ying Carrier - The telecommunications carrier whose network facilities provide the technical capability and capacity necessary for the transmission and reception of Customer telecornmunications traffic. Issue Date: April I, 2011 By: Effective: Martin Tibbitts, President 300 MapIe Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 Apff I RESIDENTIAL LONG DISTANCE, INC. in 22 AM '11 ORIGINAL, SHEET 9 ARKANSAS PSC TARIFF NO. 1 E- SECTION 2 - RULES AND REGULATIONS 2.1 Undertaking of the Companv This tariff contains the regdations and rates applicable to intrastate interexchange telecommunications services provided by the Company for telecommunications between points within the State of Arkansas. Services are furnished subject to the availability of facilities and subject to the terms and conditions of this tariff in compliance with limitations set forth in the Commission's rules. The Company's senices are provided on a statewide basis and are not: intended to be limited geographically. The Company offers service to a11 those who dcsire to purchase service from the Company consistent with aII of the provisions of this tariff. Customers interested in the Company's services shall file a service application with the Company which fully identifies the Customer, the services requested and other information requested by the Company. The Company reserves the right to examine the credit record and check the references of aII appiicants and Customers prior to accepting the service order. The service application shall not in itseIf obligate the Company to provide services or to continue to provide service if a later check of applicant's credit record is, in the opinion of the Company, contrary to the best interest of the Company. The Company may act as the Cusfomer's agent for ordering access connection facilities provided by other carriers or entities when authorized by the Customer, to allow connection of a Customer's location to a service provided by the Company. The Customer shall be responsible for d l charges due for such service arrangement. Issue Date: April 1,2011 By: Effcctive: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. CIair Shorcs, Michigan 48081 ,2011 ElPR RESIDENTIAL LONG DISTANCE, INC. 2.1.1 IO 22 Ati ‘I1 ORIGINAL SHEET 10 ARKANSAS PSC TARIFF NO. 1 The services provided by the Company are not part of a joint undertaking with any other entity providing telecommunications channels, facilities, or services, but may involve the resale of the Message Toll Services (MTS) and Wide Area Telecommunications Services (WATS) of unddying common carriers subject to the jurisdiction of this Commission. 2. I .2 The rates and regulations contained in this tariff apply ody to the services furnished by the Company and do not apply, unIess otherwise specified, to the lines, facilities, or services provided by a local exchange tekphone company or other common carriers for use in accessing the services of the Company. 2.1.3 The Company reserves the right to limit the length of comunicatiom, to discontinue furnishing services, or limit the use of service necessitated by conditions beyond its control, including, lack of satellite or other transmission medium capacity; the revision, alteration or repricing of the Underlying Carrier’s tariffed offerings; ox when the use of service becomes or is in violation of the law or the provisions of this tariff. 2.2 Use of Sentices 2.2.1 The Company’s services may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications Facilities utilized in the provision of services, subject to any limitations set forth in this Section 2.2. 2.2.2 The use of the Company’s services to make calls which might reasonabIy be expected to fighten, abuse, torment, or harass another or in such a way as to unreasonabIy interfere with use by others is prohibited. Issue Date: April I, 2011 By: Effective: Martin Tibbitts, President 300 Maple Park BIvd., Stc. 301 St. Clair Shores, Michigan 48081 ,2011 BPR 1 tfl 22 AH '11 RESIDENTIAL LONG DISTANCE, XNC. ORIGINAL SHEET I1 ARKANSAS PSC TAlUFF NO. 1 2.2.3 The use of the Company's services without payment for service or attempting to avoid payment for service by hudulent means or devices, schemes, fake or invalid numbers, or false calIing or credit cards is prohibited. 2.2.4 The Company's services are available for use 24 hours per day, seven days per week. 2.25 The Company does not transmit messages, but the services may be used for that purpose. 2.3 2.2.6 The Company's services may be denied for nonpayment of charges or for other violations of this tariff. 2.2.7 Customers shall not use the service provided under this tariff for any unlawful purpose. 2.2.8 The Customer is responsible for notifying the Company immediately of any unauthorized use of services. ResponsibiIities of the Customer 2.3.1 The Customer is responsible for placing any necessary orders and complying with tariff regulations. The Customer is also responsible for the payment of charges for services provided under this tariff. 2.3.2 The Customer is responsibk for charges incurred for special construction and/or special facilities which the Customer requests and which are ordered by the Company on the Customer's behalf. 2.3.3 If required for the provision of the Company's services, the Customer must provide any equipment space, supporting structure, conduit and electrical power without charge to the Company. Issue Date: ApriI I, 2011 By: Effective: Martin Tibbitts, President 300 Maple Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 bpa I in RESIDENTIAL LONG DISTANCE, INC. 2 2 'ti~ ORIGINAL SHEET I2 ARKANSAS PSC TARIFF NO. 1 2.3.4 The Customer is responsible for arranging access to its premises at times mutually agreeabIe to the Company and the Customer when required for Company personnel to install, repair, maintain, program, inspect or remove equipment associated with the provision of the Company's services. 2.3.5 The Customer shall cause the temperature and reIative humidity in the equipment space provided by Customer for the installation of the Company's equipment fo be maintained within the range normally provided €or the operation of microcomputers. 2.3.6 The Customer shall ensure that the equipment and/or system is properly interfaced with the Company's facilities or services, that the signals emitted into the Company's network are of the proper mode, bandwidth, power and signal Ievel for the intended use of the subscriber and in compliance with criteria set forth in this tariff, and that the signals do not damage equipment, injure personnel, or degrade service to other Customers. If the Federal Communications Commission or some other appropriate certifying body certifies termind equipment as being technically acceptable for direct electrical connection with interstate communications service, the Company will permit such equipment to be connected with its channels without the use of protective interface devices. If the Customer faiIs to maintain the equipment andlor the system properly, with resuIting imminent harm to Company equipment, personnel or the quality of service to other Customers, the Company may,upon written notice, require the use of protective equipment at the Customer's expense. Lf this faiIs to produce satisfactory quality and safety, the Company may, upon written notice, terminate the Customer's service. Issue Date: ApriI I, 2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shorcs, Michigan 48081 ,2011 A R K PUBLIC SEtiv. cag,:t~. CFCREIARY APA I RESIDENTIAL LONG DISTANCE, LNC. p= Col,l~, IO 22 jH '11 ORIGINAL SHEET 13 ARKANSAS PSC TARIFF NO. 1 2.3.7 The Customer must pay the Company for replacement or repair of darnage to the equipment or facilities of the Company caused by negligence or wiIIfuI act of the Customer or others, improper use of services, or use of equipment provided by Customer or others. 2.3.8 The Customer must pay for the loss through theft of any the Company equipment installed at Customer'spremises. 2.3.9 If the Company instdfs equipment at Customer's premises, the Customer shall bc responsible for payment of any applicabk installation charge. 2.3.10 The Customer must use the services offered in this tariff in a manner consistent with the terms of this tariff and the policies and regulations of aII state, federal and local authoritieshavingjurisdiction over the service. 2.4 CancelIatian or Interruption of Sewices 2.4.1 Upon five ( 5 ) working days' (defined as any day on which the company's business ofice is open and the U.S. Mail is delivered) written notice to the Customer, the Company may immediately discontinue services to a Customer or may withhold the provision of ordered or contracted services: 2.4.1 .A For nonpayment of any sum due the Company for more than thirty (30) days after issuance of the bill for the amount due, 2.4. I .B For violation of any of the provisions of this tariff, 2.4.1 .C For violation of any law, rule, regulation, policy of any governing authority having jurisdiction over the Company's services,or Issue Date: ApriI I, 2011 By: Effective: Martin Tibbitts, President 300 Maplc Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 APR I la 22 RM '11 RESIDENTIAL LONG DISTANCE, INC. ORIGINAL S-ET 14 hRKlANSAS PSC TARIFF NO. 1 2.4.1 .D By reason of any order or decision of a court, public service commission or federaI regulatory body or otlier governing authority prohibiting the Company from furnishing its services. 2.4.2 The Company may intempt the provision of services at any time in order to perform tests and inspections to assure compliance with tariff regdations and the proper installation and operation of Customer and the Company's equipment and facilities and may continue such intemption untiI any items of noncompliance or improper equipment operation so identified are rectified. 2.4.3 Service may be discontinued by the Company without notice to the Customer, by blocking traffic to certain countries, cities or Nxx exchanges, or by blocking calls using certain Customer authorization codes, when the Company deems it necessary to take such action to prevent unlawful use of its service. The Company wiII restore service as soon as it can be provided without undue risk, and will, upon request by the Customer affected, assign a new authorization code to replace the one that has been deactivated. 2.4.4 The Customer may terminate service upon five (5) days written notice for the Company's standard month to month contract. Customer will be liable for all usage 011any of the Company's service offerings until the Customer actually Ieaves the service. Customers will continue to have Company usage until the Customer notifies its local exchange carrier and changes its Iong distance carrier. UntiI the Customer so notifies its local exchange carrier, it shal continue to generate and be responsible for Iong distance usage. Issue Date: ApriI I, 2011 By: Effcctive: Marlin Tibbitts, President 300 MapIe Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 dPR 1 lfl 22 bfl RESIDENTIAL LONG DISTANCE, INC. I 2.5 2.6 "D '11 ORIGINAL SHEET 15 ARKANSAS PSC TARIFF NO. 1 1 i L b Credit Allowance 2.5. I Credit may be given for disputed caIIs, on a per caIl basis. 2.5.2 Credit shall not be issued for unavailability of long distance services. Resioration of Service The use and restoration of service shall be in accordance with the priority system specified in part 63, Subpart D of the Rules and Regulations ofthe Federal Communications Commission. 2.7 Deposits (A) To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges in accordance with Commission RuIes. A deposit cannot exceed one month's local service plus two months' estimated toll service if the Company is also providing to11 service to the Customer. A deposit may be required if the Customer's financial condition is not: acceptabk to the Company or is not a matter of general knowledge. A deposit does not relieve the Customer of the responsibiIity for the prompt payment of bills on presentation. The deposit wilI not exceed an amount equal to two times the estimated monthly charge after service has commenced or an amount equal to one average biI1 before services be,I.in. A deposit may be required in addition to an advance payment. (B) Upon discontinuance of service, the Company shall promptIy and automatically refund the Customer'sdeposit plus accrued interest, or the balance, if any, in excess of the unpaid bills including any penalties assessed for service furnished by the Company. Issue Date: ApriI 1,2011 By: Effectivc: Martin Tibbitfs, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 ORIGMAL S m E T 16 r a n P! n ARKANSAS PSC TARIFF NO. 1 L L (C) Deposits will accrue interest annualIy at the rate per annum allowed per Commission rules. Accrued interest shall be annually credited to tlie Customer by deducting such interest from the amount of the next bilI for sewvice foIlowing the accruaI date. T h e Company wiII refund the deposit after 12 months for Customers which are in good standing with the Company. (D) The Company shaII annuaIIy and automatically refund the deposits of Customers who have paid biIIs for twelve consecutive months without having had service discontinued for nonpayment or had more than one occasion on which a biII was not paid within the period prescribed and are not then delinquent in payment. 2.8 Advance Pavmenfs To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished, where special construction is involved. +?&e advance payment will not exceed an amount equal to the nonrecurring charge@)and one (1) month's charges for the sentice or facilities. In addition, the advance payment may aIso include an amount equal to the estimated non-recurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's initiaI bill. Advance payments do not accrue interest. An advance payment may be requircd in addition to a deposit. Issue Date: April. 1,2011 By: Effective: Marlin Tibbitts, President 300 MapIe Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 fiPR RESIDENTtAL LONG DISTANCE, XNC. I 10 22 11 '11 ORIGINAL SHEET 17 ARKANSAS PSC TARIFF NO. 1 h? aA B 2.3 Pavmcnt and BilIing 2.9.1 Service is provided and biIIed on a billing cycle basis, beginning on the date that service becomes effective. BiIIing is payable upon receipt. 2.9.2 The customer is responsible for payment of a11 charges for services furnished to the Customer, as well as to all persons using the Customer's codes, exchange lines, facilities, or equipment, with or without the knowledge or consent of the Customer. The security of the Customer's Authorization Codes, subscribed exchange lines, and direct connect facilities is the responsibility of the Customer. All calls placed using direct connect facilities, subscribed exchange lines, or Authorization Codes wiII be biIIed to and must be paid by the Customer. Charges based on actuaI usage during a month and any accrued interest wilI be billed monthly in arrears. 2.9.3 All bills are presumed accurate, and shall be binding on the customer udess objection is received by the Company within the appIicable statute of limitations. No credits, refunds, or adjustments shalI be granted if demand therefore is not received by the Company in writing within such Iimitation period. Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 MapIe Park Blvd., Stem301 St. Clair Shores, Michigan 48081 ,2011 APR I 10 22 A i '11 RESIDENTIAL LONG DISTANCE, INC. F i r yn ORIGINAL SHFXT 18 ARKANSAS PSC TARLFF NO. 1 L IkLV 2.10 Collection Costs In the event Company is required to initiate legal proceedings to collect any amounts due to Company,or to enforce any judgment obtained against a Customer, or for the enforcement of any other provision of this tariffor applicable Iaw, Customer shall, in addition to all amounts due, be liabIe to Company for all reasonable costs incurred by Company in such proceedings and enforcement actions, including reasonable attorneys' fees, collection agency fees or payments, and court costs. In any such proceeding, the amount of collection costs, including attorneys' fees, due to the Company,will be determined by the court. 2.1 1 Taxes - N1 federal, state and local taxes, assessments, surcharges, or fees, including sales faxes, use taxes, gross receipts taxes, and municipal utilities taxes, are billed as separate Iine items and are not included in the rates quoted herein. 2.12 Late C h a r s A late fee of 10.0% of the first $30.00 and 2.0% of the remaining bdance will be charged on any bdances due for more than thirty (30)days. 2.13 Returned Check Charge A fee of $20.00 wilI be charged whenever a check or draft presented for payment for service is not accepted by the institution on which it is written. 2.14 Reconnection Charm A reconnection fee of $25.00 per occurrence will be charged when service is reestablished for Customers which have been disconnected due to non-payment. Payment of the reconnection fee and any other outstanding amounts will be due in fulI prior to reconnection of service. ISSUCDate: ApriI 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Stc. 301 St. Clair Shorcs, Michigan 48081 ,2011 RPA t 10 22 All '11 RESIDENTIAL LONG DISTANCE, INC. -41 - r ORIGINAL SHEET 19 ARKANSAS PSC TARIFF NO. 1 t ILtU SECTION 3 DESCRIPTION OF SERVICE 3.1 Computation of Charges 3.1.1 The total charge for each completed call may be a variable measured charge dependent on the duration, distance and time of day of the call. The totd charge for each compIeted call may also be dependent only on the duration of the call, i.e. a statewide flat rate per minute charge. The variable measured charge is specified as a rate per minute which is applied to each minute. All calls are measured in increments as set forth in the Rates Section of this miff. Fractions of a billing increment are rounded up to a fuII biIIing increment on a per caIl basis. Fractions of a cent per minute are rounded up to a fuII cent on a per call basis. 3.1.2 Where mileage bands appear in a rate table, rates for all calls are based upon the airline distance between the originating and terminating points of the call, as determined by the vertical and horizontal coordinates associated with the exchange (the area code and three digit central office code) associated w ith the originating and terminating telephone numbers. If the Customer obtains access to the Company's nehvork by a dedicated access circuit, that circuit will be assigned an exchange for rating purposes based upon the Customer's main tekphone number at the location where the dedicated access circuit terminates. The vertical and horizontal (V & EE) coordinates for each exchange and the airline distance between them wiII be determined according to industry standards. 3-13 Timing begins when thc called station is answered and two way communication is possible, as determined by standard industry methods generally in use for ascertaining answer, including hardware answer supervision in which the local telephone company sends a signal to the switch or the software utilizing audio tone detection. Recognition of answer supervision is the responsibility of the Underlying Carrier. Timing for each call ends when either party hangs up. The Company wilI not bill for uncompleted calis. Issue Datc: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 Customer inquiries or complaints regarding service or accounting may be made in writing or by telephone to the Company at: 300 Maple Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 (888) 419-6070 Any objection to billed charges should be rcported promptly to the Company. Adjustments to Customers' biIIs shall be made to the extent that records are available andlor circumstances exist which reasonably indicate that such charges are not in accordance with approved rates or that an adjustment may otherwise be appropriate. Where o v e r b i h g of a subscriber occurs, due either to Company or subscriber error, no Iiability exists which will require the Company to pay any interest, dividend or other compensation on the amount overbilled. If Customer complaints cannot be resolved by the Company, the Customer may contact the Arkansas PubIic Service Commission at the following address and phone number: Consumer Services 1000 Center Street PO Box 400 Little Rock Arkansas 72203400 (800)482-1 I64 If'a Customer accumulates more than One Dollar of undisputed dehquent Company 800 Service charges, the Company ResponsibIe Organization reserves the right not to honor that Customer's request for a Responsible Organization change untiI such undisputed chargcs are paid in fuII. Xssuc Date: April I, 2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd,, Ste. 301 St. CIair Shores, Michigan 48081 ,2011 B P ~ I in 22 RESIDENTIAL LONG DISTANCE, XNC. w s n AH '11 Prn ORIGINAL SHEET 21 ARKANSAS PSC TARIFF NO. 1 L E V 3.3 LeveI of Service A Customer can expect end to end network availabiIity of not less than 99% at a11 times for all services. 3.4 Billing Entity Conditions When billing functions on behdf of the Company or its intermediary are performed by Iocal exchange telephone companies or others, the payment of charge conditions and regulations of such companies and any regulations imposed upon these companies by regulatory bodies having jurisdiction apply. The Company's name and toII-f?ee telephone number will appear on the Customer's biII. Issue Date: April I, 201 1 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 ORIGINAL SE-FEET22 ARKANSAS PSC TARIFF NO. 1 3.5 Service Offerings 3.5.1 1+ Dialing. This service permits Customers to originate calls via switched or dedicated access lines, and to terminate intrastate calls. The customer dials "I+" foIIowed by "ten digits". 3.52 Reserved for Future Use 3.53 Reserved for Future Use 3.5.4 Directory Assistance. Access to long distance directory assistance is obtained by dialing 1 -f- (area code) + 555-1212 for listings within the originating area code and 1 -I-(area code) -I-5551212 for other listings. A charge applies for each caII to directory assistance. A maximum of two requested telephone numbers will be processed per call to directory assistance. Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 MapIe Park BIvd., Ste. 301 St. CIair Shorcs, Michigan 48081 'I 2011 3.5.5 SpeciaIized Pricing Arrangements. Customized service packages and competitive pricing packages at negotiated rates may be fUrnished on a case-by-case basis in response to requests by Customers to the Company for proposals or for competitive bids. Service offered under this tariff provision \vi11 be provided to Customers pursuant to contract. UnIess otherwise specified, the regulations for such arrangements are in addition to the appIicable regulations and prices in other sections of the tariff. SpeciaIized rates or charges will be made available to similarly situated Customers on a nondiscriminatory basis. 3.5.6 Emergency CaII HandIing Procedures. Emergency "91 1" calls are not routed to company, but are completed through the locaI nehvork at no charge. 3.5.7 PromotionaI Offerings. The Company may, fiom time to time, make promotional offerings to enhance the marketing of its services. These offerings may be limited to certain dates, times and locations. The Company will notify the Commission of such offerings as required by Commission rules and regulations. Issue Date: April I, 2011 By: Effective: Martin Tibbitts, President 300 MapIe Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 A ~ R I 10 23 RESIDENTIAL LONG DISTANCE, INC. RH 'I1 ORIGINAL SHEET 24 ARKANSAS PSC TARIFF NO.1 SECTION 4 - RATES 4.1 13- Dialing ODtion 1 $0.05 per minute (Continend US) A $6.99 per month per number service charge applies. BiITed in one minute increments Option 2 $14.95 per month per line, unlimited Iong distance (Continental US) 4.2 Reserved for Future Use Issue Date: April I, 2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 RESIDENTIAL LONG D X S T A , hd.0 23 RM ‘11 ORIGINAL SHEET 25 ARKANSAS PSC TARIFF NO. 1 4.3 Reserved for Future Use 4.4 Carrier Cost Recoverv Charge In order to recover costs the Company incurs with regard to TeleRelay service, National Number Portability and Federal Regulatory fees, a $1.98 monthly surcharge wiII be assessed per account per month. This surcharge will appear as a separate line item on your invoice. Issue Date: ApriI 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park BIvd., Ste. 301 St. Clair Shores, Michigan 48081 ,2011 ORIGINAL S m E T 26 ARKANSAS PSC TARIFF NO. 1 4.5 Directow Assistance $1.25 4.6 Returned Check Charge $20.00 4.7 Resented for Future Use Issue Date: April 1,2011 By: Effective: Martin Tibbitts, President 300 Maple Park Blvd., Ste. 301 St. CIair Shores, Michigan 48081 ,2011 4.8 Reserved for Future Use 4.9 Pavphone Dial Around Surcharge A dial around surcharge of $0.30 per call wiII be added io any completed intrastate toll access code and subscriber toll-free 8001888 type calls pIaced from a public or semipublic payphone. 4.10 Presubscribed Interexchange Carrier Charge A Presubscribed Interexchange Carrier Charge ("PICC") appIies on a monthIy basis to all Customer monthly bills at the prevailing rate. Issue Date: ApriI 1,2011 By: Effcctive: Martin Tibbitts, President 300 Maple Park BIvd., Ste. 301 St* Clair Shores, Michigan 48081 ,2011
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