Nexus Communications, Inc. Texas Wireless Informational Tariff No. 1 Original Page 29

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1 Nexus Communications, Inc. Texas Wireless Informational Tariff No. 1 Original Page 29 Informational Wireless Services Tariff 2.7 Lifeline Discounts General 3.1 PROMOTIONS General SECTION 2 -WIRELESS SERVICES, CONT. A. Under the Company's Wireless Lifeline Program, Nexus will use all low-income universal service support to provide free Airtime minutes ensuring that the consumer receives 100% of all universal service support funding for which the Company will seek reimbursement. B. Nexus will pass through the full $9.25 in Lifeline support in the form of free minutes to the subscriber. C. Based on the amount of estimated support, Nexus will provide each qualified Subscriber with a choice of Lifeline plans as detailed in 2.3 of this tariff. Nexus reserves the right to modify the amount of minutes provided to each qualified Subscriber equivalent to the amount of federal support changes, if any. D. Qualified Subscribers can purchase additional Airtime in denominations and rates indicated in preceding. SECTION 3 -PROMOTIONAL OFFERINGS A. The Company may from time to time engage in promotions of its universal service offerings designed to attract new Subscribers or to increase awareness of particular offerings among existing Subscribers. B. These promotions will be for a limited time period and will typically involve the waiver or discount of recurring and/or nonrecurring charges for Service offerings. C. Each promotion will be developed so that the revenue received by the Company will cover the direct marginal cost of the Service being promoted. D. Notwithstanding the above, the Company reserves the right to offer discounts on any and all types of services provided by the Company without prior notice unless prohibited by applicable law. Issued: By: Steven Fenker President Nexus Communications, Inc Cleveland Ave., Suite C Columbus, OH Effective: 100

2 Nexus Communications, Inc. Texas Wireless Informational Tariff No. 1 Original Page 30 Informational Wireless Services Tariff 4.1 Universal Service Fund Contributions SECTION 4 -UNIVERSAL SERVICE FUND General A. The Company shall be responsible to collect and remit all applicable local, municipal, state and federal taxes, fees, surcharges and assessments including the contributions to the federal Universal Service Fund as applicable. B. The Company reserves the right to deduct or offset from the applicable Subscriber's account any dollar amounts that are outstanding and are associated with the Subscriber's portion of all applicable local, municipal, state and federal taxes, fees, surcharges and assessments and shall be deducted in a first in/first out basis. C. Per federal requirements, Nexus will contribute a percentage of the applicable interstate revenues of the Company to the Universal Service Fund Calculations of USF Contributions A. Pursuant to 47 C.F.R , Nexus, as provider of "interstate telecommunications to the public, for a fee" will contribute to the universal service support mechanisms. B. Effective April 1, 2003, contributions to the mechanisms "shall be based on contributors' projected collected end-user telecommunications revenues" (emphasis added). C. As such, all revenue received via reimbursements from the Universal Service Administrative Company ("USAC"), as reported on a carrier's FCC Form 499, is considered "exempt revenue" and as such is not included in the calculations of a carrier's Universal Service Fund ("USF") contributions. D. For funding the federal universal service support mechanisms, beginning April 1, 2003, "the subject revenues shall be contributors' projected collected interstate and international revenues derived from domestic end users for telecommunications or telecommunications services, net of projected contributions". Issued: By: Steven Fenker President Nexus Communications, Inc Cleveland Ave., Suite C Columbus, OH Effective: 101

3 Nexus Communications, Inc. Texas Wireless Informational Tariff No. I Original Page 31 Informational Wireless Services Tariff SECTION 4-UNIVERSAL SERVICE FUND, CONT. E. The Company will establish the projected collected interstate and international revenues derived from domestic end users through the traffic reports, which the Company will obtain from each of its underlying carriers. F. In the event the Company is unable to obtain traffic reports or is unable to determine the actual amount of interstate and international usage from the traffic reports of the underlying carriers, the Company may, as an alternative, use the interstate "safe harbor" percentage of 37.1%, as established by the FCC. G. Pursuant to 47 C.F.R , the Company may recover contribution costs through interstate telecommunications-related charges to the Company's end users. H. The Company shall collect and remit all applicable local, municipal, state, federal taxes, fees, surcharges and assessments including the Universal Service Fund (where applicable). The Company also reserves the right to deduct or offset from the applicable Subscriber's accounts any dollar amounts that are outstanding associated with the Subscriber's portion of all applicable local, municipal, state, federal taxes, fees, surcharges and assessments including the Universal Service Fund. Such deductions or offsets shall be deducted from the applicable Subscriber's account on a first in/first out basis. Issued: By: Steven Fenker President Nexus Communications, Inc Cleveland Ave., Suite C Columbus, OH Effective: 102

4 Exhibit E Texas Register Proposed Notice 103

5 NOTICE OF APPLICATION OF NEXUS COMMUNICATIONS, INC. D/B/A REACHOUT WIRELESS FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF TEXAS Notice is given to the public of an application filed with the Public Utility Commission of Texas on September 21, 2012, for designation as an eligible telecommunications carrier (ETC). Docket Title and Number: Application of Nexus Communications, Inc. d/b/a ReachOut Wireless ("Nexus") for Designation as an Eligible Telecommunications Carrier, Docket No. The Application: Nexus seeks ETC designation solely to participate in the Universal Service Fund's ("USF") Lifeline program; Nexus will not seek access to funds from the USF for the purpose of providing service to high cost areas. Pursuant to 47 U.S.C. 214(e), the Commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs for service areas set forth by the commission. In its Application, Nexus provides a list of non-rural wire centers in its underlying carrier's (Verizon Wireless) coverage area for which Nexus requests ETC designation. Nexus indicates each wire center served by Verizon Wireless in whole or in part is included within the Application. The complete list of wire centers that will comprise the designated service area is contained in Exhibit A to the Application. Persons who wish to comment upon the actions sought should contact the Public Utility Commission of Texas by, Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas , or you may call the Public Utility Commission's Customer Protection Division at (512) Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) or use Relay Texas (800) to reach the commission's toll free number (888) All comments should reference Docket No. ISSUED ON BEHALF OF THE PUBLIC UTILITY COMMISSION OF TEXAS ON THE DAY OF,

6 Exhibit F Affidavit 105

7 AFFIDAVIT STATE OF t-- ^^ COUNTY OF f^tar'l^ ^ j j,1 My name is Steven Fenker. I am President of Nexus Communications, Inc swear or affirm that I have personal knowledge of the facts stated in the foregoing application, that 1 am competent to testify to them, and that I have the authority to make this application on its behalf. I further swear or affirm that all of the statements and representations made in the application are true and correct. Steve. r-enker SWORN TO AN SUBSCRIBED before me on this 7-0 day of' n^)_e_ r'" 2012.,,,,,,,;,;^,;,,.`' 1AL NP... F o.- q :^.G^^\^ ^T^ Mill q? r PviUYtAPEK ABDULLAH NOTARY PUBLIC STATE OF OHIO Comm. Expires April 2b, 2014 Recorded in Franklin County Notary Pu rc My Commission Expires:

8 Exhibit G ReachOut Wireless Name Registration 107

9 Office of the Secretary of State (z _! Corporations Section P.O. Box Austin, Texas (Form 503) Filed in the Office of the Secretary of State of Texas Filing #: /3/2012 Document #: Image Generated Electronically for Web Filing ASSUMED NAME CERTIFICATE FOR FILING WITH THE SECRETARY OF STATE 1. The assumed name under which the business or professional service is or is to be conducted or rendered is: Reachout Wireless 2. The name of the entity as stated in its certificate of formation, application for registration, or comparable document is: Nexus Communications, Inc. 3. The state, country, or other jurisdiction under the laws of which it was incorporated, organized or associated is OHIO, USA and the address of its registered or similar office in that jurisdiction is: 3629 CLEVELAND AVE STE C. Columbus, OH, USA The period, not to exceed 10 years, during which the assumed name will be used is : 10/03/ The entity is a: Foreign For-Profit Corporation 6. The entity's principal office address in Texas is: 211 E. 7th Street Suite 620, AUSTIN, TX, USA The entity is not organized under the laws of Texas and is not required by law to maintain a registered agent and registered office in Texas. Its office address outside the state is: The county or counties where business or professional services are being or are to be conducted or rendered under such assumed name are: ALL COUNTIES 9. The undersigned, if acting in the capacity of an attorney-in-fact of the entity, certifies that the entity has duly authorized the attorney-in-fact in writing to execute this document. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. 108

10 Nexus Communications, Inc. Name of the entity By: STEVEN FENKER Signature of officer, general partner, manager, representative or attorney-in-fact of the entity FILING OFFICE COPY 109

11 Exhibit H FCC Approval of Nexus Compliance Plan 110

12 u ^^^N{cnrroh S ^/^c+ OI^ 7Q; Y 2 PUBLIC NOTICE Federal Communications Commission News Media Information th St., S.W. Internet: TTY: Washington, D.C DA Release Date: December 26, 2012 WIRELINE COMPETITION BUREAU APPROVES THE COMPLIANCE PLANS OF AIRVOICE WIRELESS, AMERIMEX COMMUNICATIONS, BLUE JAY WIRELESS, MILLENNIUM 2000, NEXUS COMMUNICATIONS, PLATINUMTEL COMMUNICATIONS, SAGE TELECOM, TELRITE AND TELSCAPE COMMUNICATIONS WC Docket Nos and The Wireline Competition Bureau (Bureau) approves the compliance plans of nine carriers: AirVoice Wireless, LLC (AirVoice); AmeriMex Communications Corp. (AmeriMex); Blue Jay Wireless, LLC (Blue Jay); Millennium 2000, Inc. (Millennium 2000); Nexus Communications, Inc. (Nexus); PlatinumTel Communications, LLC (PlatinumTel); Sage Telecom, Inc. (Sage); Telrite Corporation (Telrite); and Telscape Communications, Inc. d/b/a Telscape Wireless (Telscape). The compliance plans were filed pursuant to the Lifeline Reform Order as a condition of obtaining forbearance from the facilities requirement of the Communications Act of 1934, as amended (the Act), for the provision of Lifeline service.' The Act provides that in order to be designated as an eligible telecommunications carrier (ETC) for the purpose of universal service support, a carrier must "offer the services that are supported by Federal universal service support mechanisms... either using its own facilities or a combination of its own facilities and resale of another carrier's services..."z The Commission amended its rules to define voice telephony as the supported service and removed directory assistance and operator services, among other things, from the list of supported services.3 As a result of these amendments, many Lifeline-only ETCs that previously met the facilities requirement by providing operator services, directory assistance or other previously supported services no longer meet the facilities requirement of the Act.4 In the Lifeline Reform Order, the Commission found that a grant of blanket forbearance of the facilities requirement, 1 See Lifeline and Link Up Reform and Modernization et al, WC Docket No et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Red 6656, , paras (2012) (Lifeline Reform Order). A list of the compliance plans approved through this Public Notice can be found in the Appendix to this Public Notice U.S.C. 214(e)(1)(A). 3 See Lifeline Reform Order, 27 FCC Red at 6678, para. 47; see also 47 C.F.R (a). ' See Lifeline Reform Order, 27 FCC Red at 6812, para. 366, App. A; Connect America Fund et al, WC Docket 10-90, Order on Reconsideration, 26 FCC Red 17633, , para. 4 (2011) (USF/ICC Transformation Order on Reconsideration). Some ETCs have included language in their compliance plans indicating that they have facilities or plan to acquire facilities in the future. See, e.g., Blanket Forbearance Compliance Plan, WC Docket Nos and 11-42, Q Link Wireless, LLC's Third Amended Compliance Plan at 4 n. 2 (filed July 30, 2012). To the extent ETCs seek to avail themselves of the conditional forbearance relief established in the Lifeline Reform Order, we presume they lack facilities to provide the supported service under sections and of the Commission's rules. See 47 C.F.R and Such ETCs must comply with the compliance plan approved herein in each state or territory where they are designated as an ETC, regardless of their claim of facilities for other purposes, such as eligibility for state universal service funding. 111

13 subject to certain public safety and compliance obligations, is appropriate for carriers seeking to provide Lifeline-only service.5 Therefore, in the Lifeline Reform Order, the Commission conditionally granted forbearance from the Act's facilities requirement to all telecommunications carriers seeking Lifeline-only ETC designation, subject to the following conditions: (1) compliance with certain 911 and enhanced 911 public safety requirements; and (2) Bureau approval of a compliance plan providing specific information regarding the carrier and its service offerings and outlining the measures the carrier will take to implement the obligations contained in the Order.6 The Bureau has reviewed the nine plans listed in the Appendix for compliance with the conditions of the Lifeline Reform Order and now approves those nine compliance plans.' Filings, including the Compliance Plans identified in the Appendix, and comments are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, `i' Street, S.W., Room CY-A257, Washington, D.C They may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, `h Street, S.W., Room CY-B402, Washington, D.C , telephone: (202) , fax: (202) , or via People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) or TTY (202) For further information, please contact Michelle Schaefer, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) or TTY (202) FCC- 5 See Lifeline Reform Order, 27 FCC Red at , paras See id., 27 FCC Red at 6814, 6819, paras. 373, 389. Subsequently, the Bureau provided guidance for carriers submitting compliance plans pursuant to the Lifeline Ref'orm Order. Wireline Competition Bureau Provides Guidance for the Submission of Compliance Plans Pursuant to the Lifeline Reform Order, WC Docket Nos and 11-42, Public Notice, 27 FCC Red 2186 (Wireline Comp. Bur. 2012). 7 The Commission has not acted on any pending ETC petitions filed by these carriers, and this Public Notice only approves the compliance plans of the carriers listed above. While these compliance plans contain information on each carrier's Lifeline offering, we leave it to the designating authority to determine whether or not the carrier's Lifeline offerings are sufficient to serve consumers. See Lif'eline Ref'orm Order, 27 FCC Red at , 681$-19, paras. 50,

14 APPENDIX Petitioner Compliance Plans Date of Filing Docket As Captioned by Petitioner Numbers AirVoice Wireless, LLC AirVoice Wireless, LLC's Amended December 7, ; Compliance Plan 2012 AmeriMex AmeriMex Communications Corp. December 6, ; Communications Corp. Revised Compliance Plan 2012 Blue Jay Wireless, LLC Blue Jay Wireless, LLC Compliance December 19, ; Plan 2012 Millennium 2000 Inc. Amended Compliance Plan of December 18, ; Millennium 2000 Inc Nexus Communications, Third Amended Compliance Plan of December 6, ; Inc. Nexus Communications, Inc PlatinumTel PlatinumTel Communications LLC's December 19, ; Communications, LLC Revised Compliance Plan 2012 Sage Telecom, Inc. Revised Compliance Plan of Sage December 19, ; Telecom, Inc Telrite Corporation Telrite Corporation Compliance Plan December 19, ; Telscape Revised Compliance Plan of Telscape December 19, ; Communications Inc. Communications, Inc d/b/a Telscape Wireless 113

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