Your VisionOne Service
Service provides reduced rates under the federal and state universal service programs to eligible customers. If you are eligible for Vision One service, you will receive wireless service and installation at reduced rates. Your VisionOne Service will be provided a portable handset.

Your Eligibility for VisionOne
Service You are eligible for VisionOne service if you are 18 years of age or older and live on a Native American Indian Reservation within CellularOne's service area and you participate in one or more of the following programs: (i) Medicaid (New Mexico only), (ii) Food Stamps, (iii) Supplemental Security Income ("SSI"), (iv) Federal Public Housing Assistance, (v) Low-Income Home Energy Assistance (vi) Bureau of Indian Affairs General Assistance, (vii) Navajo Nation Program for Self Reliance (formerly TANF), (viii) Head Start (only those meeting it's income qualifying standard), (ix) the National School Lunch Program's Free Lunch Program, (x) Arizona Health Care Cost Containment System ("AHCCCS"), or (xi)

You may also be eligible for VisionOne service if you are 18 years of age or older, reside on designated Near Reservation lands and demonstrate your participation in one or more of the following programs: (i) Medicaid (New Mexico only), (ii) Food Stamps, (iii) Supplemental Security Income ("SSI"), (iv) Federal Public Housing Assistance, (v) Low-Income Home Energy Assistance, (vi) Arizona Health Care Cost Containment System ("AHCCCS").

Only one federally subsidized telephone is available per household. Additional lines are not subject to the discounted VisionOne rates.

Your Agreement
Your agreement for VisionOne Service with CellularOne begins when you sign the Service Agreement, when you call to activate your VisionOne Service, or when you open the inside package of any equipment you receive by mail, whichever applies

Agreement Term and Early Termination
Your initial contract term will be for a finite number of months, which is described in your Cellular Service Agreement. Charges may be paid in advance or may be charged to a credit card acceptable to CellularOne. At the end of your initial term, you may renew or convert your agreement to a different CellularOne price plan.

Equipment
The Universal Service Program will provide subscribers with a handheld phone kit. This equipment will be provided to you at no additional charge for the initial term of service. The handheld phone kit includes a handheld cellular phone, an AC charger and 12-volt adapter for use in a vehicle.

Construction Charges
In some cases you may be required to pay a construction, facility of temporary development charge. This charge is in addition to the regular rates and installation charges. Cellular One may, at its discretion, modify requirements and charges pertaining to supporting structures which include, but are not limited to, pipes, conduits, or poles for the placement of equipment. Generally construction charges will not apply for the addition of channels or facilities required to provide better grades of service in rural areas where facilities are in place. However, in unusual cases, where the cost of providing such facilities is excessive, construction charges may be applied, based on the circumstances in each case. You will be notified of such charges, if applicable, prior to incurring them. With approval of CellularOne, arrangements may be made for the payment of construction charges in monthly installments spread over a reasonable period, generally not to exceed one year. All unpaid installments are due upon termination of service.

Roaming
When you make calls outside of your Home Airtime Rate Area, you are "roaming". Per minute roaming airtime rates will apply and may vary based on charges established by the visited system and at our discretion. When you roam you may be charged when you make a call that is busy or unanswered. Airtime minutes used while roaming are not part of your VisionOne Service allowance. Such calls must be paid for in advance using pre-paid airtime , calling card or credit card. Automatic roaming availability may be restricted in certain areas to prevent fraud or for other reasons. Roaming rates may vary where automatic roaming is restricted.

Monthly Bill
If you purchase the VisionOne subsidized service up front, you will not receive a bill. You may receive a monthly statement that includes charges for services not included in the VisionOne plan. These charges may include, (i) construction charges, if applicable, as described above, (ii) any activation or equipment charges paid on an installment plan basis.

Monthly Minute Allowance
The VisionOne plan includes an allotted amount of minutes of airtime per month. Calls placed to approved health and safety organizations do not count against your monthly minute allowances. You will be charged for airtime when you make a call. You will also be charged for airtime for incoming calls. When you place a long distance call, you will be charged for airtime and for long distance. Unused airtime minutes are forfeited and you may not carry them into the next billing cycle or apply to other phone lines. Once you exceed the included minutes of airtime, you must purchase pre-paid airtime or charge the call to a credit card to place additional calls.

Chargeable Time
Charges for calls begin when you press the "Send" button and end when the call is disconnected from the cellular system, which may be a few seconds after pressing "End" when you are in your home airtime rate area. You are not charged for ring time, busy signals, or unanswered calls within your home service area. Calls are billed in full minute increments, for example, a one minute 20 second call will be charged as two minutes. All calls, when answered, incur a one-minute minimum charge. Chargeable time shall accrue for local calls, long distance calls, toll free calls (for example, 800, 888, or 877) and operator services. Calls to 911 and certain other emergency services are toll and airtime free.

Home Airtime Rate Area
Your Home Airtime Rate Area is the geographic area where your home airtime rates apply. In certain instances, you may incur toll, regional calling, or long distance charges on calls made from your Home Airtime Rate Area. Home Airtime Rate Areas may also be referred to as home service areas or home calling areas.

Long Distance
Long distance charges are not included in your Vision One Plan. Such calls must be paid for in advance using a pre-paid airtime or charged to a credit card at the time that the call is placed. Long distance charges will apply for any calls made to numbers outside your Home Airtime Rate Area. These charges are based on your location at the start of the call and do not change even though you may move during the call. Long distance charges may vary while roaming based on the rates of the visited system.

Taxes and Surcharges
Federal, state and (where applicable) local taxes are included in your Vision One rate plan.

Dispute Resolution and Independent Arbitration
Most customer concerns can be resolved through our Customer Solutions Department. However, if you have an issue that cannot be resolved without third party intervention, CellularOne will arbitrate with you before the American Arbitration Association using the Wireless Industry Arbitration Rules. This means that all customer disputes will be resolved through arbitration, not through judge or jury. You may also resolve your dispute by writing to the Arizona Corporation Commission, Utilities Division, 1200 W. Washington, Phoenix, Arizona 85007 or New Mexico Public Regulation Commission, PO Box 1269, Santa Fe, New Mexico 87504. Please note that we reserve the right to make changes to the Cellular Service Agreement as well as to our business practices and procedures. This overview is for information purposes and is not a contract. It does not replace or supplement the Cellular Service Agreement.

Availability
Vision One Service is available to new eligible customers as long as there is sufficient money in the Federal Lifeline funds to cover the discounted rates. In the event that Federal Lifeline funds are not sufficient to cover new applicants in any given year, CellularOne will allocate any and all remaining surplus funds until all qualified Customers are covered. CellularOne may vary the credit or the number of included minutes as required by changes in federal or state universal service funding support.

VISIONONE ADDITIONAL TERMS & CONDITIONS

1. VisionOne Wireless Service
Following the execution hereof by both parties and the payment of any sums and satisfaction of any conditions required by CellularOne, CellularOne will provide Customer with VisionOne Wireless Service ("Vision One") in those locations where CellularOne is authorized to do so upon the terms and conditions and for the rates and charges as described herein and upon the rates, charges, terms and conditions of any tariff required to be on file with any state agency in this state. Customer acknowledges that CellularOne may, at its sole discretion, amend or add to any rates and charges for VisionOne or otherwise. Customer further acknowledges that provision of Vision One is conditioned upon the uninterrupted connection between the customer's equipment and the cellular network, as well as interconnection to wireline exchange or interexchange carriers. Customer further acknowledges that its phone will not be able to place calls (other than 911) outside of the local calling area unless additional pre-paid airtime is used.

2. Local/Long Distance Calling. VisionOne Program A Plan provides 500 anytime local minutes per month, Program B Plan provides 300 anytime local minutes per month. A local call is defined as a call placed from and terminating within CellularOne's local calling area. Long distance calls can be placed by purchasing additional pre-paid airtime. When you make a long distance call you will be charged for airtime and for long distance.

3. Product Guarantee. A new subscriber to Vision One who is not completely satisfied with the service and or equipment may return the equipment and cancel Service within 60 days for a full refund. This guarantee does not apply to equipment, facilities, telephone sets, instruments or the like provided by another. CellularOne may refuse to return a customer's applicable paid charges where the Customer has previously ordered the same or similar products or services from CellularOne and canceled such same or similar product or service.

4. Limitation of Liability and Indemnity
(a) Customer acknowledges that Vision One may not be completely private and may be interrupted, lost or limited for many reasons other than the negligence of CellularOne Service including, but not limited to, dialing errors, power failures, leaving the VisionOne coverage area, malfunctioning of wireline services or equipment, interruptions in CellularOne's interconnections to wireline exchange carriers or interexchange carriers, "Dead Spots" or other incomplete coverage areas within CellularOne's local service area, and electronic or atmospheric interference. Customer agrees that CellularOne shall not be liable for any damages arising from the causes listed above, or any other causes beyond the direct and exclusive control of CellularOne. Customer further acknowledges that CellularOne's liability for its own negligence or any other reason may not in any event exceed the prorated charge for VisionOne during the period damages occurred, or, if less, the lowest appropriate limit established by any applicable tariff, in no event shall CellularOne be liable for any special, incidental or consequential damages, losses or injuries. Accordingly, customer agrees to assume the responsibility of insuring against or otherwise bearing the risk of greater losses. For example, various methods are available to increase privacy, such as scrambling devices.
(b) No liability should attach to CellularOne for damages arising from errors, mistakes, omissions, interruptions, or delays of CellularOne, its agents, servants or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing VisionOne or facilities (including the obtaining or furnishing or information in respect thereof or with respect to the customers or users of VisionOne or facilities) in the absence of gross negligence of willful misconduct.
(c) Customer hereby agrees to indemnify CellularOne and hold CellularOne harmless from all suits, liabilities, costs and claims of any kind arising out of any actions, omissions or use of Vision One or any cellular telephone equipment ("Cellular Equipment") of or by customer, any "User" (as hereafter defined) or any other individual or entity with Customer's or a User's consent.
(d) Customer hereby agrees to indemnify Cellular One against claims for libel, slander, or infringement of copyright from the material transmitted over its facilities, against claims for infringement of patents arising from, combining with, or using in connection with, facilities of CellularOne, apparatus and systems of the Customer, and against all other claims arising out of any act or omission of the Customer in connection with facilities provided by CellularOne.
(e)  CellularOne is not liable for any loss, damage, accident, injury or the like occasioned by the use of Vision One or the presence of Cellular Equipment, or for any damage to any motor vehicle or other other property resulting from the installation or presence of Cellular Equipment.
(f) When facilities of other companies are used in establishing connection to points not reached by CellularOne's facilities, CellularOne is not liable for any act or omission of the other company and their agents or employees.
(g) CellularOne shall not be liable for any defacement of, or damage to, Customer's premises resulting from the existence of CellularOne's equipment on the premises or caused by the installation or removal when such damage is not the result of CellularOne's negligence.
(h) CellularOne reserves the right to limit use of communication services when emergency conditions cause a shortage of facilities.

5. Cellular Equipment
All ordinary expense of maintenance and repair in connection with equipment, facilities, and services provided by CellularOne is borne by CellularOne unless otherwise specified. In case of damage to CellularOne's instruments or accessories due to the negligence or willful act of Customer and not due to ordinary wear and tear, Customer will be held responsible for the cost of restoring equipment to its original condition or of replacing the equipment. Customer is required to reimburse CellularOne for loss, through theft, of equipment or apparatus furnished by CellularOne. The operating characteristics of all Cellular Equipment used by Customer may not interfere with the VisionOne offered by CellularOne to any of its customers, Customer acknowledges that it is a breach of this Agreement to alter any Cellular Equipment or other equipment to permit Customer to defraud CellularOne or any other individual or entity in any manner.

6. Construction and other Special Charges
(a) Provision of VisionOne may require the payment of a construction, facility or temporary development charge by the Customer ordering VisionOne or requesting facilities. This charge is in addition to the regular rates and installation charges. CellularOne may, at its discretion, modify requirements and charges pertaining to supporting structures which include, but are not limited to, pipes, conduits or poles for the placement of equipment. Generally construction charges will not apply for the addition of channels or facilities required to provide better grades of service in rural areas where facilities are in place. In unusual cases, where the cost of providing such facilities is excessive, construction charges may be applied, based on the circumstances in each case.
(b) With approval of CellularOne, arrangements may be made for the payment of construction charges in monthly installment spread over a reasonable period, generally not to exceed one year. All unpaid installments are due upon termination of service.
(c) The ownership of any network facilities provided or in part at the expense of Customer pursuant to these Terms and Conditions shall at all times be vested exclusively in CellularOne .
(d) In areas CellularOne considers hazardous or inaccessible to its employees, Customer may be required to furnish, install and maintain the facilities or equipment. Such installations are subject to CellularOne's approval to ensure safety, reliability, and network integrity.
(e) When CellularOne's equipment installed on Customer's premises required electric power for its operation, customer is required to provide such power.

7.Fees
(a) All access charges, connection fees, and Vison One rates, charges and other fees are subject to change. CellularOne will provide 30 days written notice. Customer is responsible for the payment of all charges for all: (i) calls made from Customer's number, including without limitations, all VisionOne, toll calls, international calls, roaming calls, access and any other charges and calls, and (ii) calls made to the Customer's number, including, without limitation, all access, VisionOne and any other charges and calls.
(b) Charges for the initial fourty-two (42 months) of VisionOne service, (i) where the Customer has acceptable credit, will be charged to a credit card acceptable to CellularOne.
(c) A late payment charge in the amount of one and one-half percent (1.5%) per month, or the maximum allowable by law, of any balance remaining unpaid after the date due may be added to Customer's balance due to CellularOne once the unpaid balance has been due and payable for thirty (30) days or more. Customer shall pay all costs, fees and expenses of any kind which CellularOne may incur to collect all amounts due from Customer, including, without limitation, all court costs, attorneys' fees, collection agency fees or commissions or other collection costs or expenses of any kind or nature.
(d) When an application for service which requires special engineering is canceled before service is established, Customer is required to reimburse CellularOne for all expense incurred in connection with the application for service and the installation of the required equipment and facilities before notice of cancellation is received. Such charges are not to exceed the service, construction and termination charges otherwise applicable if the service has been established.
(e) The rate for VisionOne Service includes federal, state, and (where applicable) local taxes. It may also include surcharges and assessments.
(f) Chargeable time begins when the "Send" button on the handset is pressed. Chargeable time ends when the network connection is released, rounded up to the nearest minute. Chargeable time shall accrue for local calls, long distance calls, toll free calls (e.g. 800, 888, and 877) and operator services. Calls to 911 and certain other emergency and community service organizations are toll free and do not accrue chargeable time, CellularOne shall provide the list of toll and airtime free numbers to each VisionOne subscriber upon service activation, and periodically provide an updated list.
(g) Airtime minutes used while making calls outside of CellularOne's local calling area is considered "roaming" and is not part of the VisionOne plan. Such calls must be paid for in advance using a pre-paid replenishment card or credit card. Incoming calls can not be received while roaming.
(h) The activation charge for all Customer connections is forty ($40.00) dollars. VisionOne Customers are eligible for a credit through the federal Link-Up program and CellularOne shall match any such credit available to Customer, which is most cases will reduce the charge to zero ($0.00)
(i) There is no installation charge for Customers who use a mobile handset. The minimum installation charge for fixed installations shall be one hundred fifty ($150.00) dollars. Additional installation charges shall be determined on a case-by-case basis and charged on a time and materials basis. VisionOne Customers are eligible for a credit for a portion of the installation charges through the federal Link-Up program. CellularOne shall provide a price quote and describe available credits to Customer before commencing installation. Customer may cancel VisionOne without obligation if installation charges quoted are unacceptable.

8. Term
(a) Unless sooner terminated pursuant hereto, the term of this Agreement shall begin on the earlier to occur of the Agreement Date set forth on the face hereof of the date of activation and shall continue for an initial term (the "Initial Term") as provided on the front side hereof. Upon termination by Customer, payment of all charges due at the date of termination must be paid. After the guarantee period expires, all fees charged to customer are non-refundable.
(b) CellularOne may temporarily deny VisionOne or terminate this Agreement: (i) upon the failure of Customer to pay any fees, charges or other sums when due; or (ii) pursuant to any applicable rule, regulation, tariff, or reasonable standards or (iii) following customer's breach of any provision hereof; (iv) following any attempt to use the VisionOne fraudulently or in violation of any laws, rules or regulations, including use of service that interferes with another Customer's service, use for a purpose other than communication, or use of Directory Assistance to obtain a Customer's name for any purpose other than to facilitate the making of a telephone call; or (v) following any use of foul or profane language over the lines of CellularOne. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges and any other sums due CellularOne by Customer, even if billed after termination of this Agreement. No waiver of the right to terminate this Agreement will be implied from any failure to terminate this Agreement upon the first occurrence of a breach or default hereof.
(c) If the provision of Service requires unusual costs or involves special assemblies of equipment, or if the provision of service requires construction of outside plant facilities for possible short term use, CellularOne reserves the right to require an initial contract period of long than thirty-six (36) months in addition to any construction charge that may be applicable.
(d) If Service is disconnected and subsequently re-established at the same location for the same or different Customer, a new initial contract period will apply, regardless of whether the equipment was removed. However, where there is a transfer, as described in 8(e) below, a new initial contract period will not apply except that the succeeding Customer will be required to assume responsibility for any unexpired portion of the initial contract period.
(e) A charge of $25.00 will be applied to re-establish VisionOne if suspended for proper cause and an order for complete disconnection has not been completed. All charges up to the date of suspension are due prior to restoring VisionOne. If a disconnection order has been completed, VisionOne will be re-established only upon the basis of a new application for VisionOne in addition to any charges due up to the date of suspension.

9. Customer's Proprietary Rights
Customer has no proprietary right to any leased customer equipment, telephone number or VisionOne Service. CellularOne reserves the right to change systems, VisionOne unit numbers or telephone numbers as it considers necessary in the exercise of its sole discretion.

10. Toll Restriction Service
(a) Under the VisionOne Plan, 900 services are blocked.
(b) Under the VisionOne Plan, 1+ dialing is blocked. Customer's may purchase a pre-paid replenishment cellular phone card to make direct dialed long distance calls.
(c) Under the VisionOne Plan, 1+ international dialing is blocked. International calls may be billed to a credit card.

11. General Provisions
(a) Customer acknowledges CellularOne's right to change the technical configuration of its Vision One Program and System, and Customer also acknowledges that there are no warranties of any kind extended with respect to VisionOne and all VisionOne is provided "AS IS".
(b) Customer agrees to comply with all applicable laws, rules, regulations and tariffs. Customer further agrees not to attempt to alter or modify any Cellular Equipment except as explicity authorized by CellularOne or the regulations of the FCC.
(c) Other than as set forth herein with respect to permitted Users. Customers may not transfer or assign this Agreement without the prior written consent of CellularOne, and any attempted transfer or assignment by Customer without said consent is void.
(d) VisionOne may be transferred from Customer to a new applicant where an arrangement acceptable to CellularOne is made by the Customer and the applicant to pay all outstanding charges against the service and the new Customer establishes its eligibility to receive universal service subsidies.
(e) This Agreement contains the entire agreement of the parties relating to the subject matter hereof and supersedes all prior contrary discussions and agreements. Except as otherwise specifically set forth herein, this Agreement may not be amended except by writing signed by both parties hereto.
(f) The waiver of the breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other or subsequent breach of the same or any other term or condition. The unenforceability or invalidity of any provision of this Agreement shall not affect the validity of enforceability of the remaining provisions, which shall be construed and interpreted in such a manner as to carry out fully the intent of the parties hereto.
(g) The paragraph headings herein are for reference only and are not to be used to interpret this Agreement. Customer represents that the individual executing this Agreement on Customer's behalf is duty authorized to do so.