20040608Application.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMM*Bq~lic Utilities Commission
Office of the SecretaryRECEIVED
IN THE MA TIER OF THE
APPLICATION OF
Acceris Communications Corp.
for a Certificate of Public
Convenience and Necessity to
Provide
Local Exchange Telecommunications
Services Within the
State of Idaho
JUN - 7 2004
CASE NO. Bolse.ld&ho
ACC/j-tJ J/.-IJ I
APPLICATION AND REQUEST FOR AUTHORITY
Application is hereby made to the Idaho Public Utilities Commission for a Certificate of Public
Convenience and Necessity authorizing Acceris Communications Corp.
, ("
Applicant" or "Acceris ) to
provide local exchange telecommunications services pursuant to Idaho Code Sections 61-526 through
528 and mAPA 31.01.01.111 (Rules 111 & 112) as clarified by Procedural Order No. 26665 in Case
No. GNR- T -96-4. The following general infonnation and exhibits are furnished in support thereof:
1.)Applicant's legal name, address of its principal offices and telephone number are:
Acceris Communications Corp.
9775 Businesspark Avenue
San Diego, California 92131
[phone]
The Applicant has no office located in the State of Idaho. The Applicant intends to provide
resold and facilities-based local exchange service utilizing the UNE-P platfonn. Such services will
be provided by utilizing the facilities incumbent local exchange carriers ("LECs ), as well as
unbundled network elements.
Applicant is incorporated in the State of Delaware and is in good standing under the laws of
that state. In addition, the Company is authorized to do business as a foreign corporation in the State
of Idaho. Attached as Exhibit 1 to this Application is a copy of the Company s Certificate of
Incorporation.A copy of Applicant's certificate of authority to transact business in Idaho is
attached hereto as Exhibit 2.
The name and business address of Applicant's registered agent for service in Idaho are:
TCS Corporate Services, Inc.
5527 Kendall Street
Boise, Idaho 83706
The names and addresses of the ten common stockholders of Applicant Owning the Greatest
Number of Shares of Common Stock and the Number of Such Shares Owned by Each are:
Name and
Address
Shares Owned Percentage of All
Shares Issued &
Outstanding
Percentage
of Voting
Contro I
Acceris Communications, Inc.000 100% 100%
Address: See company address listed in 1.) above.
The names, addresses and ownership of Applicant's Officers and Directors are:
Officers:
Allan C. Silber
Kelly D. Murumets
Kenneth L. Hilton
James Ducay
Ralph Brandifino
Gary Clifford
Stephen Weintraub
CEO
President
Exec. VP, Sales & Marketing
Exec. VP/COO
Treasurer/CFO
VP/Asst. Treasurer
Secretary
Directors:
Allan C. Silber
Samuel Shimer
Each can be reached at Applicant's primary place of business and telephone number as
follows:
Acceris Communications Corp.
9775 Businesspark Avenue
San Diego, California 92131
[phone]
The Name and Address of Any Corporation, Association, or Similar Organization Holding a
5% or Greater Ownership or Management Interest in Applicant are as follows:
See answer to 4. above.
The names and addresses of Subsidiaries Owned or Controlled by Applicant are as follows:
Not applicable.
Applicant initially proposes to provide resold local exchange ServIces and to purchase
unbundled network elements provided by existing LECs: Qwest North, Qwest South, and Verizon.
Applicant has no current plans to install facilities in Idaho but may do so in the future, however, the
nature and extent of the facilities to be utilized has yet to be detennined. Applicant intends to provide
all fonns of intrastate local. exchange and interexchange telecommunications services including:
1. Interexchange (switched and dedicated services):
1 + and 101 XXXX outbound dialing;
800/888 toll-free inbound dialing;
Prepaid and Postpaid calling cards;
Directory Assistance; and
Frame Relay and other data services.
2. Local Exchange:
Local Exchange Services for business and residence customers that will enable
customers to originate and tenninate local calls in the local calling area served by other
LECs, including local dial tone and custom calling features.
Switched local exchange services such as flat-rated and measure-rated local services;
vertical services, Direct Inward and Outward Dialed trunks, carrier access, public and
semi-public coin telephone services, and any other switched local services that
currently exist or will exist in the future.
Non-switched local services (e., private line) that currently exist or will exist in the
future.
Centrex and/or Centrex-like services that currently exist or will exist in the future.
Digital subscriber line, ISDN, and other high capacity line services.
Applicant seeks authority to resell and provide facilities-based/UNE-P interexchange and local
exchange services initially throughout the State where provided by incumbent LECs, however
Applicant does not intend to service areas serviced by any LECs which are eligible for a small or rural
carrier exemption pursuant to Section 251 of the Federal Telecom Act of 1996.
Applicant has no current plans to install facilities in Idaho. If Acceris installs facilities in
Idaho, it would probably use the following or a similar configuration of equipment: Acceris will
provide voice and high speed data services through a combination of the latest technology switching
and transport media comprised of the Lucent Technology 5 ESS Generic 13 switch module
ADSL/SDSL transport and Internet service equipment and the latest Optical multiplexer DAC'
configurations. The switching system consists of a central processing and control complex capable
of interconnection as a peer to the incumbent as well as competitive local exchange companies. The
hub portion of the switch will interconnect with the public switched network on Signaling System 7
SS7") or Feature Group D ("FGD") facilities. The system s remote module capability will allow
properties to be served in a manner that provides the exchange of appropriate signaling, control and
calling/caller infonnation to the network in accordance with network standards and specifications.
Additionally, these services will be delivered over a combination of delivery mechanisms through
incumbent local carriers' unbundled loop network, both copper and fiber and transport networks, as
well as via Acceris constructed facilities. Applicant intends to provide service upon certification and
finalization of interconnection agreements with the LECs.
A copy of Acceris Communications, Inc.s Fonn 10-K for the year ended December 31 2003
Exhibit 3.
A map showing where Applicant is proposing to provide service is attached hereto as Exhibit
10.A copy of Applicant's illustrative tariff is attached hereto as Exhibit 5. Applicant will file its
proposed tariff establishing its proposed services and charges upon completion of interconnection and
upon receipt of certification by the Commission.
11.)Questions concerning this application and Applicant's tariff should be directed to Applicant'
representative:
Lance J.M. Steinhart
Lance J.M. Steinhart, P.
720 Windward Concourse
Suite 250
Alpharetta, Georgia 30005
[phone] (Telephone)
[phone] (Facsimile)
lsteinhart(~telecomcounsel.com (Email)
Customer Complaints and Inquiries are to be addressed to:
Barbara Jamaleddin
9775 Businesspark Avenue
San Diego, California 92131
[phone] (Customer Service)
Applicant has initiated interconnection negotiations with Qwest.12.
13.Applicant has reviewed the laws and regulations of this Commission governing local exchange
telecommunications services in Idaho and will provide service in accordance with all laws, rules and
regulations to the extent they are not preempted by the Federal Act.
14.Applicant will not require advance payments or deposits, therefore, no escrow account is being
filed.
WHEREFORE, Acceris Communications Corp., requests that the Idaho Public Utilities
Commission enter an order granting a Certificate of Public Convenience and Necessity authorizing
Acceris Communications Corp., to provide resold and facilities-based/UNE-local exchange
telecommunications services pursuant to Idaho Code Sections 61-526 through -528 and IDAP A
31.01.01.111.
'"--
Lft~
Respectfully submitted this C. day of LL~, 2004.
ACCERIS COMMUNICATIONS CORP.
CC/Jt C
Lance I.M. teinhart, P.
Attorney for
ACCERIS COMMUNICATIONS CORP.
By:
LIST OF EXHIBITS
EXHIBIT CERTIFICATE OF INCORPORATION
EXHIBIT 2 CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS
EXHIBIT 3 FINANCIAL INFORMATION
EXHIBIT 4 SERVICE AREA MAP
EXHIBIT 5 ILLUSTRATIVE TARIFF