Christopher D. Negley, Esq. cneele~‘a.shumanla~.com

April 1 201 9

Ingrid Ferrell, Executive Secretary Legal Division Public Service Commission of West Virginia 201 Brooks Street Charleston. WV 25301

Re: Case No. 18-1348-T-N In Re: Nexgen Broadband, LLC

Dear Ms. Ferrell:

Enclosed for filing in the above-referenced matter. please find an original and 12 copies of a “Brief in Support of the Issuance of a Certificate of Convenience and Necessity to Nexgen Broadband, LLC to Provide Full Facilities Based and Resold Competitive Local Exchange Service and Interexchange Telecommunications Services in West Virginia”

Please contact me should you have any questions. Thank you for your assistance in this matter.

Youp sincerely,

CDN/lm Enclosures cc: Christopher Howard, Esq. PUBLIC SERVICE COMMISION OF WEST VIRGINIA CHARLESTON

CASE NO.: 18-1348-T-N k

In RE: NEXGEN BROADBAND, LLC Application for a Certificate of Convenience and Necessity to provide resold interexchange telecommunications services, facilities-based local exchanges and operator services, and for approval its initial tariff throughout West Virginia

Applicant .

BRIEF IN SUPPORT OF THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO NEXGEN BROADBAND, LLC TO PROVIDE FULL FACILITIES BASED AND RESOLD COMPETITIVE LOCAL EXCHANGE SERVICE AND INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN WEST VIRGINIA

Comes Now NexGen Broadband, LLC (“NexGen”) by Counsel, Christopher D. Negley and Shuman, McCuskey & Slicer, PLLC, who hereby files this Brief in Support of the Issuance of a Certificate of Convenience and Necessity to provide Full Facilities based and Resold

Competitive Local Exchange Service and Interexchange Telecommunications Services in West

Virginia pursuant to West Virginia Code 5 24-2- 1 1.

I. BACKGROUND.

NexGen Broadband, LLC is a Delaware-chartered telecommunications company authorized to conduct business in West Virginia (See Exhibits: Applicant #1 and #2). On October

12,2018, NexGen filed an application with the West Virginia Public Service Commission (“PSC”) for a certificate of Convenience and Necessity to provide facilities based and resold competitive local exchange and interexchange telecommunications services in West Virginia. Included among

NexGen’s application was a proposed Tariff for services.

1 NexGen’s application for a certificate of convenience and necessity to provide facilities based and

resold competitive local exchange and interexchange telecommunications services in West

Virginia be approved. The recommendation was agreed to by counsel for the Staff and both are

set forth in the Final StaflMemorandurn.

On January 28, 2019, the Commission issued a second Procedural Order setting the matter

for Hearing on March 7, 2019. NexGen president Kevin Manovich appeared for NexGen while

Steve Wilson provided testimony on behalf of the Staff of the West Virginia Public Service

Commission.

There was no public at the hearing nor did anyone file any motions to intervene in the matter.

11. LEGAL STANDARD West Virginia Code 5 24-2-1 1(b) provides, in pertinent part, that [ulpon the filing of any application for the certificate, and after hearing, the commission may, in its discretion, issue or refuse to issue, or issue in part and refuse in part, the certificate of convenience and necessity: Provided, That the commission, after it gives proper notice and if no substantial protest is received within thirty days after the notice is given, may waive formal hearing on the application. “Where the Public Service Commission is authorized to issue a certificate of public convenience and necessity, in addition to any specific statutory guidelines, the commission should consider the general public convenience to be served and the public necessity for it, having in mind the adequacy of any competing similar facilities.” Sexton v. Public Serv. Comm ’n, 188 W.Va. 305,

438 S.E.2d 914 (1992). “As stated in Sexton, “[iln issuing certificates, the PSC’s primary concern is to ‘serve the interests of the public.”’ Final Order, In Re: Case No. 07-0508-E-CN, Application for a Certificate of Convenience and Necessitv, Trans-Allegheny Interstate Line Company, June

18,2010.

3 “West Virginia Code 9 24-1-1, et seq. does not define “public convenience and necessity.’‘

However, a definition can be found in the “Motor Carriers and Properties for Hire Act,“ W. Va.

Code 5 24A3-2-5(a)(I980).The Supreme Court of Appeals of West Virginia has construed 6 24A-

2-5(a) and found: Courts and Commissions construing statutes similar to ours have uniformly held

that the necessity and convenience referred to is that of the public generally as distinguished from

that of a number of individuals or a community, and that the inadequacy of the existing service

and the convenience or necessity of the proposed service must both affirmatively appear from the

evidence.” (Footnote omitted) (Emphasis added). Sexton v. Public Service Commission, 188 W.

Va. 305, 423 S.E.2d 914 (1992), citing Stowers & Sons Trucking Co. v. Public Service

Commission, 182 W. Va. 374, 387 S.E.2d 841 (1989) (quoting Monongahela West Penn Public

Service Co. v. Stute Road Comm ’n, 104 Mi. Va. 183, 139 S.E. 744 (1927)).

“The Commission has an obligation with regard to any Certificate application, whether it is

filed by a private utility, a public service district, or a municipality, to examine whether the project

is economically feasible and financially viable. That includes assuring that there is adequate

financing to fund the proposed project.” Town of Man and Man Water Works, Inc., Case No. 8 1-

433-W-PC (Order affirming Hearing Examiner Decision, April 16, 1982, 69 ARPSCWV 1893);

Ohio County Public Service District, Case No. 82-482-S-CN (Order affirming Hearing Examiner

Decision Without Prejudice, April 8, 1983, 70 ARPSCWV 2049). Id., Sexton v. Public Service

Commission, 188 W. Va. 305,423 S.E.2d 914 (1992).

111. ARGUMENT.

A. NexGen has demonstrated that its application is both Necessary and Convenient; thus, the PSC must issue a Certificate pursuant to West Virginia Code 5 24-2-11.

NexGen Broadband LLC intends to bring internet-based telecommunications including high-speed, digital communications lines and POTS (plain-old telephone service) to thousands of 4 non-served or underserved West Virginia customers. NexGen will construct a “backbone” from

Ashburn, Virginia to Columbus, Ohio stretching across the top half of West Virginia. This will

result in services for West Virginians who presently work and live in areas that traditional

broadband companies ignore because the population density (less than 30 homes per mile) and

high costs associated with rural applications conflict with their business model.

Kevin Manovich is the founder and CEO of NexGen which was formed in 2012. (Tr., p.

ll).‘ Prior to forming NexGen Manovich had more than 25 years in the telecommunications

industry as a lead systems’ engineer and consultant for several Fortune 500 companies (Tr. p. 9j including Kaplan Educational Centers, inc. (id.) and the Government.

NexGen operates on a Master Agreement/Consultant model with Master Agreements presently in place for Construction, Engineering and Management services (Tr., p. 12). Mr.

Manovich has held both a CCNE designation as “Cisco Certified Network Engineer” and a MCSE designation as a “Microsoft Certified Solutions Expert.”

In addition to West Virginia, NexGen has current operations in Virginia and in Maryland

(Tr., pgs. 21-23). In Maryland, NexGen has recently begun to lay fiber and began its build out of fiber optic networks (Tr., p. 21). This is possible since Maryland already has a backbone in place allowing NexGen to utilize its more than 380 miles of fiber optic network (Id.). in Virginia,

NexGen has a Memorandum of Understanding with the Department of Transportation in place to utilize DOT rights-of-way to begin laying fiber cable (Tr. p. 22).

NexGen’s application will allow it to build the “backbone” in West Virginia as discussed below. Backbone is industry parlance for principal data routes. This backbone will be comprised

’ NexGen Broadband LLC has 13 members. Mr. Manovich is the largest shareholder. 5 of fiber optic cable between data terminals. The terminals are attachment points for optical fiber

broadband data transmission.

Presently, there is very limited fiber optic service in West Virginia (perhaps 15 miles total),

all of which is unconnected with each other (See Exhibit - Applicant #4 which demonstrates the

lack of connected fiber in West Virginia). There are, however, fiber optic cable terminals in

Ashburn, Virginia and Columbus, Ohio. NexGen plans to connect them by the backbone. When

completed, branches will be added to the backbone to allow for installation of high-speed

connected fiber networks to homes and businesses including in the 18 counties that directly benefit

from the backbone.

The entire route will be 4 12 miles total from Virginia to Ohio. The build in West Virginia

will be directly constructed in 11 of the aforementioned counties with 18 counties bringing in

direct construction dollars during the build and revenue for the state and the counties for the

foreseeable future through salaries for its workers and rent for its offices. NexGen’s backbone

design includes strands of fiber optic cable in the backbone.

NexGen believes that it can provide a gigabit2 internet to the home for $75 a month with

local and long distance, unlimited phone at $24 a month (Tr., 29). (See Applicant’s Exhibit - 3

which documents NexGen’s products including its “Triple Play” of data, voice, video for both

residential and commercial customers). NexGen will also plans to resell phone service (Tr. p. 73).

A gigabit is a thousand bits and is used in conjunction with a GPON (gigabit passive optical network). A GPON network utilizes two and a half gigabits download, 1.25 gigabit upload speed. NexGen is now using “Next-Generation” GPON where speeds are ten gigabits down, ten gigabits up. (Tr. p. 33).

6 In addition to design NexGen has in place two agreements (both of which are subject to NDAs (non-disclosure agreement^)^ for $70,000,000 to finance construction costs (Tr. pgs. 44, 47, 62).4 These are binding agreements and were executed by NexGen and by a major internet provider and a major cell tower provider. The cell provider would use the backbone for the transmission of cell phone communications for “backhaul“6 and for eventual 5G usage.

While the backbone itself will be buried (along West Virginia Department of Highways’ rights-of-ways) the actual fiber to the home will be installed on utility poles. NexGen already has an agreement in place with Potomac Edison, a subsidiary of First Energy Corporation (See

Applicant‘s Exhibit #5 - Pole Agreement Between Potomac Edison Company and NexGen

Broadband, LLC, executed September 9, 201 8. Potomac Edison services West Virginia and

Maryland.

With regard to the West Virginia Department of Highways, NexGen has a tacit agreement in place already to use the DOH rights-of-way along the U.S. Route 50 corridor. All that is needed to bring the backbone to fruition in the granting of the Certificate to NexGen. Technically,

NexGen will run its fiber optic cable along the DOH’S ROWS where, at 40-mile increments, POPS (“Point of Presence”) will be located adjacent to the ROW. The fiber optic cable will be accessed with broadband traffic being (I) sent towards the switching centers or (2) destined for a particular customer by being taken off the backbone and transferred to the customer’s location.

In addition to the construction funding mentioned above, NexGen has a consolidated balance sheet capitalization of approximately $2,700,000 with approximately $2,000,000 in hand

The names of these companies will become known at the time of the build out.

NexGen estimates the build out at $55,000,000 (Tr. p. 63).

Because of the NDA status, neither actual agreement was admitted into evidence.

Backhaul means transmitting back to the main network via the backbone.

7 divided between property and equipment (75%) and cash (25%) and, additionally, ready access through contract to 300 miles of fiber optic cable ready for installation.

NexGen currently has operations in West Virginia separate and apart from the build up of the backbone. It has a public-private partnership with the City of Keyser for fiber installation and internet. NexGen certainly acknowledges that for this partnership to prosper that it needs the

Certificate that it applying for in this case.’ NexGen has been marketing its services for the past two years and estimates that it can begin installation within weeks after received its certificate (Tr. p. 75-76).8

B. NexGen’s Application for a Certificate of Convenience and Necessity is for its telephone service.

During the hearing the Administrative Law Judge discussed the proposed Tariff with CEO

Manovich. The primary discussion was the ALJ’s interpretation that the proposed Tariff did not confer PSC jurisdiction over a regulated intrastate function of NexGen’s services. To be certain, NexGen is seeking authorization for its telephone service through the reselling of regulated telecommunications services, facilities-based local exchanges and operator services in West Virginia.

Accordingly, along with this briefing, it is resubmitting as Exhibit #1 to this pleading a Revised Tariff for telephone service. The tariff clearly demonstrates that the Certificate that

NexGen is applying for is within the jurisdiction of the West Virginia Public Service Commission.

C. Commission Staff has determined that the Issuance of Certificate of Convenience and Necessity is in the best interests of the citizens of West Virginia.

Steve Wilson is a Utilities Analyst for the Commission’s Utilities Division (Technical

Staff) and was assigned as the Staff Analyst on NexGen’s application. As such, he communicated

NexGen also has a cable television franchise in Carpendale, West Virginia.

NexGen believes that with the granting of the Certificate it will be able to build out all of Mineral County. 8 directly with NexGen including directly seeking additional materials to review and analyze. His job is to review the application and make a recommendation as to whether Staff believes the application is proper and is publicly convenient and necessary. In the case suhjudice Wilson recommended that the Public Service Commission grant NexGen the Certificate. (See Staff

Exhibit #l - Final Memo, December 19,2018).

At the hearing, Mr. Wilson provided testimony in support of his written findings recommending that NexGen be granted its Certificate. Wilson advised the Administrative Law

Judge that since NexGen was going to be providing POTS, then the Commission had jurisdiction over the Certificate (Tr. p. 11 1).

During Cross-Examination Wilson clarified that when he reviewed the proposed Tariff, he believed that it met the jurisdictional threshold for PSC review but stated that he may have “erred” in that no rate sheet was included (Tr. p. 117). Mr. Wilson also stated that the question of a rate sheet was never communicated to NexGen during the administrative review process.

Further, in response to questions from the ALJ he testified that he thought that the column for retained earnings as reflected on the balance sheet reflected a revenue stream that he was unaware of during his review. However, this is easily cleared up in that Manovich testified that

NexGen was an ongoing concern in other states, not just in West Virginia.

In the end, Wilson reiterated his opinion that the Commission & the Certificate

Application. As he stated, there is no risk of harm to any potential customer of NexGen should the certificate be granted. They are, as Wilson expressed, to unsubscribe at any time from

NexGen’s services (Tr. p. 13 1.

IV. CONCLUSION.

As expressed in both statue and precedent, the Commission’s role is to determine whether an application is both convenient and necessary for services in West Virginia. In today’s world 9 superfast broadband a necessary for commerce, education and government. Many areas of West

Virginia receive little or no broadband service at all. NexGen seeks to remedy that situation by building a backbone directly through the state linking numerous counties to the fastest internet availab le.

NexGen posits that the possibilities are endless: West Virginia could promote its businesses as being as capable at providing content as any other place in the United States or the world.

Additionally, with relatively low real estate process, West Virginia can market itself to business whose models allow individuals to work remotely at home along as a fast, capable and reliable internet connection exists.

As to convenience, as Manovich testified, consumers would benefit greatly from the backbone at no cost to them. NexGen will provide high speed internet and communications at lower prices that they are paying for less service now. Moreover, should these customers no longer want to subscribe to these services, they could simply unsubscribe.

In short, NexGen has demonstrated its fitness, ability and experience to operate in West

Virginia and the Cornmission should grant NexGen its certificate of convenience and necessity.

NEXGEN BROADBAND, LLC, By Counsel

Chrisxpher D. Negley, Esquire (WVSB #6086) SHUMAN, MCCUSKEY & SLICER, PLLC Street: 141 1 Virginia Street East, Suite 200 (25301) Post Office Box 3953 Charleston, West Virginia 25339 (304) 345-1400

10 PUBLIC SERVICE COMMTSION OF WEST VIRGINIA CHARLESTON

CASE NO.: 18-1348-T-N

In RE: NEXGEN BROADBAND, LLC Application for a Certificate of Convenience and Necessity to provide resold interexchange telecommunications services, facilities-based local exchanges and operator services, and for initial approval its initial tariff throughout West Virginia

Applicant.

CERTIFICATE OF SERVICE

The undersigned, counsel for NexGen Broadband, LLC, hereby certifies that 1 have served true and exact copies of the foregoing Brief in Support of the Issuance of a CertiJcate Of

Convenience and Necessity to NexGen Broadband, LLC to Provide Full Facilities Based and

Resold Competitive Local Exchange Service And Interexchange Telecommunications Services In

West Virginia upon counsel of record by hand-delivery and via U. S. mail, postage prepaid, in an envelope properly addressed and stamped as follows:

Christopher Howard, Esq. Staff Attorney Public Service Commission of WV 201 Brooks Street P.O. Box 812 Charleston, WV 25323

Cgstopher D. Negley

11 Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Section 2 - Original Page 102 Cumberland, MD 2 1502 ACCESS SERVICE Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

5. POTS Rates and Charges

The following rates apply to Access Services provided by the Telephone Company pursuant to this Tariff. 5.1 Non-Recurring Charges

5.1.1 Service Order Charge

Business Installation - Per Line/Trunk $50.00

5.1.2 Restoral Charge $35.00

5.1.3 Moves, Adds, and Changes Charge $35.00 5.1.4 Premises Visit Charge (Hourly Charge) $40.00 5.1.5 Central Office Line Charge $35.00 5.1.6 Primary Interexchange Carrier Change (PICC) Charge Single Line $0.53 Multi Line $2.75

5.1.7 Remote Call Forwarding $16.61 5.1.8 Bad Check Charge $25.00

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Section 2 - Original Page 103 Cumberland, MD 21502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

5. Rates and Charges, (Cont’d.) 5.2 Carrier Access Charges 5.2.1 Carrier Common Line Originating, per minute $0.000000

Terminating, per minute $0.000000

5.2.2 Transport A. Entrance Facility (Per DS 1) Monthly Recurring $227.00

Nonrecurring First $1,010.00 Additional $950.00 B. Direct Transport (Per DSl)

Dedicated Transport - Termination

Monthly recurring $8 1.00 Nonrecurring First $3 10.00 Additional $250.00

Dedicated Transport - Facility, per mile $25.00

Dedicated Tander Port, per port $133.80

Dedicated Truck Port, per port $120.25

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-I-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Section 2 - Original Page 104 Cumberland, MD 21 502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18 5. Rates and Charges, (Cont’d.) 5.2 Carrier Access Charges, (Cont’d.)

5.2.2 Transport, (Cont’d.) C. Common Transport

Access Order Charge $60.00

Nonrecurring Truck Charges

First $1 15.00 Additional $40.00

Tandem Switched Transport - Termination, per minute $0.000000

Tandem Switched Transport - Facility, per min., per mile $0.000002 Tandem Switching, per minute $0.00 16840 Common Transport Multiplexing (CMUX), per minute $0.000000 Common Trunk Port (CTP), per minute $0.001 58 10 Interconnection Charge, per minute $0.000000 Network Blocking, per blocked call N/A D. HostRemote Transport

Host/Remote Transport - Termination, per minute $0.000699

Host/Remote Transport - Facility, per minute, per mile $0.00040 Host/Remote Transport Multiplexing (CMUX), per minute $0.000000

Host/Remote Trunk Port (CTP), per minute $0.000369 E. Local Switching

Originating, per minute $0.0022730

Terminating, per minute $0.0022730 F. Information Surcharge (per minute) $0.000000 G. 800 Query (per query) $0.003089

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-1’-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Section 2 - Original Page 105 Cumberland, MD 2 1502 ACCESS SERVICE

Issued: 1 041/18 Transmittal No. 1 Effective: 10/25/18

5. Rates and Charges, (Cont'd.)

5.3 Interexchange Telecommunications Rates 5.3.1 High Capacity Transmission Services: provides a point-to-point, point-to-multipoint and multipoint-to-multipoint dedicated connection between one or more customer- designated locations and/or the Company. The service may utilize Ethernet interfaces, optical fiber and/or coaxial cable facilities, is scalable from 1 Mbps to 10 Gbps and will be designed and provisioned on an Individual Case Basis (ICB) pursuant to contracts with Customers. All requesting Customers shall have non- discriminatory access to ICB Services and facilities at nondiscriminatory rates, terms and conditions.

Bandwidth Monthly Recurring Charges, 1 Year Term 3 Mbps $530 5 Mbps $800 10 Mbps $1,140 20 Mbps $1,500

I L 50 Mbps $1,650 60 Mbps $1,700 70 Mbps $1,740 80 Mbps $1,800 90 Mbps $1,900 100 Mbps $2,110 200 Mbps $2,850 300 Mbps $3,000 500 Mbps $3,700 1 Gbps $5,460

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV Manager-President No. 1 Original 228 Baltimore Avenue, Suite 3 Title Page Cumberland, MD 2 1502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/20 18

WEST VIRGINIA TELECOMMUNICATIONS TARIFF OF NEXGEN BROADBAND, LLC CASE NO. 18-1348-T-CN

This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange and interexchange telecommunications services provided by NexGen BroadBand LLC with principal offices at 228 Baltimore Avenue #3, Cumberland, MD 21502 for services furnished within the State of West Virginia. This tariff is on file with the West Virginia Public Service Commission, and copies may be inspected, during normal business hours, at the Company’s principal place of business.

Access Services are provided by means of wire, fiber optics, radio or any other suitable technology or a combination thereof.

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1 348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 Manager-President Preface - Original Page 1 228 Baltimore Avenue, Suite 3 Cumberland, MD 2 1502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

CHECK SHEET

The pages listed below of this tariff are effective as of the date shown. Revised pages contain all changes from the original tariff that are in effect as of the date indicated.

ALL PAGES ARE ORIGINAL.

Issued by authority of an Order of the Public Service Coiiimission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 2 Cumberland, MD 2 1502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

TABLE OF CONTENTS Page No.

......

...... ’......

...... Is ...... 5 ...... 5 ...... 8 Reference To Technical Publications ......

Section

1 Application of Tariff ...... 1

2 General Regulations ...... 1 2.1 Undertaking ofthe Telephone Company ...... 1 2.1.1 2.1.2 ...... 2.1.3 2.1.4 ...... 5 2.1.5 ...... 5 2.1.6 ...... 5 2.1.7 ...... 6 2.1.8 ...... 7 2.1.9 ...... 8 2.1.10 2.1.11

Issued by authority of ail Order of the Public Service Commission of West Virginia in Case No. 18-1348-1’-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 4 Cumberland, MD 21 502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Et'f'ective: 1012511 8

TABLE OF CONTENTS, (CONT'D.)

Section Page No.

2 General Regulations, (Cont'd.) 2.2 Use ...... 9

2.2.1 Interference or Impairment ...... 9 2.2.2 Unlawful and Abusive Use ._ 2.3 Obligations of the Customer 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 Balance ...... 12 2.3.7 Design of Customer Services ...... 12 2.3.8 References to the Telephone Company ...... 12 2.3.9 Coordination with Respect to Network Contingencies ...... 20 2.3.10 Jurisdictional Report and Certification Requirements 2.3.11 Determination of Interstate Charges for Mixed Interstate and Intrastate Access Service...... 32

2.4 Payment Arrangements and Credit Allowances ...... 33

2.4.1 Payment of Rates, Charges and Deposits ...... , ...... 33 2.4.2 Minimum Periods ...... 42 2.4.3 Cancellation of an Order for Service ...... , ...... 43 2.4.4 Credit Allowance for Service Interruptions ...... 43 2.4.5 Re-establishment of Service Following Fire, Floo Another Occurrence ...... 5 1 2.4.6 Title or Ownership Rights 2.4.7 Access Services Provided Telephone Company ...... 2.5 Connections ...... 2.6 Definitions ...

Switched Access Service...... 96 3.1 General Description. 3.2 Provisions

Interexchange Tele ...... I...... 97 4.1 Regulatory 4.2 Application of Tariff ...... 97

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 5 Cumberland, MD 21 502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

TABLE OF CONTENTS, (CONT’D.) Section Page No. 4 Interexchange Telecommunications Tariff, (Cont’d.) 4.3 Indemnification and Limits on Liability ...... 98 4.4 Liability of the Telephone Company...... 101

5 POTS Rates and Charges...... 102 5.1 Non-Recurring Charge ...... ,102 5.1.1 Service Order Ch ...... 102

5.1.2 Restoral Charge...... 5.1.3 Moves, Adds, and Changes Charge ...... 5.1.4 Premises Visit Charge (Hourly Charge)...... ,102 5.1.5 Central Office Line Charg ...... 102 5.1.6 Primary Interexchange Ca ) Charge...... 102 5.1.7 Remote Call Forwarding...... lo2 5.1.8 Bad Check Charge...... lo2 5.2 Carrier Access Charges...... 103 5.2.1 Carrier Common Line...... 103 5.2.2 Transport...... lo3 A. Entrance Facility (Per DSl) ...... 103 B. Nonrecurring ...... I03 C. Common Transport...... 104 D. Host/Remote Transport...... lo4 E. Local Switching...... lo4 F. Information Surcharge...... 104 G. 800 Query (per query) ...... 104

5.3 Interexchange Telecommunications Rates...... lo5

5.3.1 High Capacity Transmission Services...... lo5

Issued by authority of an Order of the Public Service Conimission of West Virginia in Case No. 18-1348-7’-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 6 Cumberland, MD 21502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

ISSUING CARRIERS Nexgen Broadband, LLC Competitive Local Exchange Carrier OCN 116F CONCURRlNG CARRIERS

NONE

CONNECTING CARRIERS NO CONNECTING CARRIERS

OTHER PARTICIPATING CARRIERS NO OTHER PARTICIPATING CARRIERS

REGISTERED SERVICE MARKS REGISTERED TRADEMARKS NONE NONE

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 5 Cumberland, MD 2 1502 ACCESS SERVICE

issued: l0/ll/l8 Transmittal No. 1 Effective: 10/25/18

EXPLANATION OF SYMBOLS

The following are the symbols in use for tariffs:

(I) indicates an increase in rates; (D) indicates a decrease in rates; (N indicates new rates or regulations; (C) indicates change in text of regulations; (0) indicates omissions; (T) indicates temporary rates and/or surcharges; (M) indicates moved; EXPLANATION OF ABBREVIATIONS

ADA - Abbreviated Dialing Arrangement ADM - AddDrop Multiplexing ADSL - Asymmetric AML - Actual Measured Loss ANI - Automatic Number Identification AP - Program Audio AT&T - American Telephone and Telegraph Company ATM - Asynchronous Transfer Mode ATM-CRS - Synchronous Transfer Mode Cell Relay Access Service BHMC - Busy Hour Minutes of Capacity CBR - Constant Bit Rate CDP - Customer Designated Premises ccs - Common Channel Signaling CI - Channel Interface CIR - Committed Information Rate CN - Charge Number c0 - Central Office Cont'd - Continued CPE - Customer Provided Equipment CPN - Calling Party Number CSP - Carrier Selection Parameter DA - Directory Assistance dB - decibel dBrnC - Decibel Reference Noise C-Message Weighting dBrnCO - Decibel Reference Noise C-Message Weighted 0 dc - direct current DDD - Direct Distance Dialing DSL - Digital Subscriber Line EAS - Extended Area Service EDD - Envelope Delay Distortion EML - Expected Measured Loss EPL - Echo Path Loss ERL - Echo Return Loss ESS - Electronic Switching System ESSX - Electronic Switching System Exchange

~~ Issued by authority of an Order of the Public Service Commisvion of West Virginia in Case No IS-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. I 228 Baltimore Avenue. Suite 3 Preface - Original Page 6 Cuniberland, MD 2 1502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

EXPLANATION OF ABBREVIATIONS, (CONT’D.)

f - frequency F.C.C. - Federal Communications Commission FRAS - Frame Relay Access Service HC - High Capacity Hz - Hertz C - Interexchange Carrier ICB - Individual Case Basis ICL - Inserted Connection Loss isim BKJ - integrated Services Digital Network Basic Rate Interface ISDN PRI - Integrated Services Digital Network Primary Rate Interface kbps - kilobits per second kHz - kilohertz LAN - Local Area Network LATA - Local Access and Transport Area LNP - Local Number Portability LRN - Location Routing Number ma - milliamperes Mbps - Megabits per second mcs - Microsecond MHz - Megahertz MM-VCC - MultiMedia Virtual Circuit Channel MRC - Monthly Recurring Charge MT - Metallic MTS - Message Telecommunications Service(s) NNI - Network to Network Interface MTSO - Mobile Telephone Switching Office NPA - Numbering Plan Area NRC - Nonrecurring Charge NXX - Three-Digit Central Office Prefix OC - Optical Carrier OLT - Optical Line Termination PBX - Private Branch Exchange PIC - Presubscribed Interexchange Carrier POT - Point of Termination PSTN - Public Switched Telephone Network PVC - Permanent Virtual Connection SAC - Service Access Code SDSL - Symmetric Digital Subscriber Line SNAL - Signaling Network Access Line SONET - Synchronous Optical Network SP - Signaling Point SPOI - Signaling Point of Interface SRL - Singing Return Loss SSP - Service Switching Point SS7 - Signaling System 7 STP - Signal Transfer point STS - Synchronous Transport Signal SWC - Serving Wire Center TDM - Time Division Multiplexing TG - Telegraph Grade

lssiied by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-7‘-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 7 Cumberland, MD 21 502 ACCESS SERVICE

Issued: 10/11/18 Transmittal No. 1 Effective: 10/25/18

EXPLANATION OF ABBREVIATIONS, (CONT’D.)

TLP - ‘Transmission Level Point TV - Television UBR - Unspecified Bit Rate UNI - User Network Interface V&H - Vertical & Horizontal VBR-nrt - Variable Bit Rate - Non-real time VBR-rt - Variable Bit Rate -Real Time VCC - Virtual Circuit Channel VG - Voice Grade VP - Virtual Path WATS - Wide Area Telecominunications Service(s) WSO - WATS Serving Office

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC 'Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 8 Cumberland, MD 21 502 ACCESS SERVICE

Issued: lO/ll/l8 Transmittal No. 1 Effective: 10/25/18

REFERENCE TO OTHER TARIFFS

Whenever reference is made in this tariff to other tariffs of the Telephone Company, the reference is to the tariffs in force as of the effective date of this tariff, and to amendments thereto and successive issues thereof. The following tariffs are referenced in this tariff and may be obtained from the Federal Communications Commission's commercial contractor: National Exchange Carrier National Exchange Carrier National Exchange Carrier Association, inc. Association, Inc. Association, Inc. Special Construction Wire Center Information Tariff F.C.C. No. 5 Tariff F.C.C. No. 3 Tariff F.C.C. No. 4

REFERENCE TO TECHNICAL PUBLICATIONS

The following technical publications are referenced in this tariff and may be obtained from Telcordia Technologies Inc. (formerly Bell Communications Research, Inc. (Bellcore), Direct Sales, 8 Corporate Place, Piseataway, NJ 08854-4156. Technical Reference:

GR-253-CORE Issue 4 Synchronous Optical Network (SONET) Transport Systems: Common Generic Criteria Issued: July 20, 2012 December 2005

GR-1374-CORE Issue 1 SONET Inter-Carrier Interface Physical Layer Generic Criteria for Carriers Issued: July 20,201 2 December 1994 PUB 41 004 (MDP-326-584) Data Communications Using Voiceband Private Line Channels Issued: July 20, 20 12 October 1973 PUB 623 10 (MDP-326-726) Digital Data System Channel Interface Specification Issued: July 20,2012 September 1983 TR-NPL-000258 Compatibility Information for Feature Group D Switched Access Service Issued: July 20, 2012 October 1985 GR-334-CORE Issue 1 Switched Access Service - Transmission Parameter Limits and Interface Combinations Issued: July 20,20 12 June 1994

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 9 Cumberland, MD 2 1502 ACCESS SERVICE

Issued: 10/11/18 Transinifla1 No. 1 Effective: 10/25/18

REFERENCE TO TECHNICAL PUBLICATIONS, (CONT’D.)

TR-NWT-000335. Issue 3 Voice Grade Special Access Service - Transmission Parameter Limits and Interface Combinations Issued: July 20, 2012 May 1993 TR-NPL-000336 Metallic and Telegraph Grade Special Access Service - Transmission Parameter Limits and Interface Combinations Issued: July 20, 20 12 October 1987 GR-337-CORE, Issue 1 Prograin audio Special Access Service and Locai Channei Services Issued: July 20, 2012 December 1995

GR-338-CORE, Issue 1 Television Special Access and Local Channel Services - Transmission Parameter Limits and Interface Combinations Issued: July 20, 20 12 December 1995 TR-NWT-00034 1 Digital Data Special Access Service - Transmission Parameter and Interface Combinations Issued: July 20, 20 12 Issue 2, February 1993

GR-342-CORE, Issue 1 High Capacity Digital Special Access Service - Transmission Parameter Limits and Interface Combinations Issued: July 20,2012 December 1995

SR-307 Common Language NC/NCI Dictionary Issued: July 20,2012 Issue 5, June 2006 GR-506-CORE, Issue 2 LATA Switching Systems Generic Requirements (LSSGR) Issued: July 20, 20 12 December 2006

GR-54-CORE, Issue 1 DS 1 High Capacity Digital Service End User Metallic Interface Specifications Issued: July 20, 201 2 December I995

GR-905-CORE, Issue 9 Coininon Channel Signaling Network Interface Specification Available: December 2006 TR-TSV-00 1370 Generic Requirements for Exchange Access Frame Relay PVC Service Issued: July 20, 2012 Issue I, May 1993 GR-394-CORE Issue 7 Switching System Generic Requirements for Interexchange Carrier Interconnection Using the Integrated Services Digital Network User Part (ISDNUP) Issued: July 20, 2012 December 2003

GR-2936-CORE Issue 3 Local Number Portability (LNP) C apab i 1 i t y Specification Service Provider Portability Issued: July 20, 20 12 November 1997

~ ~~ Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 10 Cumberland, MD 21 502 ACCESS SERVICE

Issued: 1 Oi 1 1 /18 Transmittal No. 1 Effective: 10/25/18

REFERENCE TO TECHNICAL PUBLICATIONS, (CONT'D.) Telecommunications Transmission Engineering Volume 3 - Networks and Services (Chapters 6 and 7) Third Edition, 1980 Issued: July 20, 2012 August 1989 The following technical publication is referenced in this tariff and may be obtained from the National Exchange Carrier Association, Inc., Director - Tariff and Regulatory Matters, 80 So. Jefferson Road, Whippany, NJ 0798 1 and the Federal Communications Commission's commercial contractor.

PUB AS No. I, issue 11 Access Service Issued: July 20, 2012 May, 1984 Addendum: March 1987 The following publications are referenced in this tariff and may be obtained from the Government Printing Office, Superintendent of Documents, Document Control Branch, 94 1 N. Capital St., N.E., Washington, D.C. 20401. Telecommunications Service Priority (TSP) System for National Security Emergency Preparedness (NSEP) Service Vendor Handbook, National Communications System (NCSH 3-1-2). Issued July, 1990 Available August, 1990

Telecommunication Service Priority (TSP) System for National Security Emergency Preparedness (NSEP) Service User Manual, National Communications System (NCSM 3-1-1). Issued July, 1990 Available August, 1990

Issued by authority of an Order of the Public Service Commission of West Virginia in Case No. 18-1348-T-CN dated Nexgen Broadband, LLC Tariff PSC-WV No. 1 228 Baltimore Avenue. Suite 3 Preface - Original Page 11 Cumberland, MD 2 1 502 ACCESS SERVICE

Issued: 101’1 1/18 Transmittal No. 1 Effective: 10/25/18

REFERENCE TO TECHNICAL PUBLICATIONS, (CONT’D.)

The following publication is refer