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HomeMy WebLinkAbout20080214Application.pdfBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Application of Access Point, Inc. ) To Provide Basic Resold and Facilities-Based ) Local Exchange Telecommunications Services ) Thoughout the State of Idaho ) PH 4; 03 Case No. APPLICATION FOR CERTIFICATE OF PUBLIC CONVNIENCE AN NECESSITY TO PROVIE RESOLD AND FACILITIES-BASED LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES Pusuant to Title 62 of the Idaho Code and IDAPA 31.01.111, Access Point, Inc. ("Access Point" or "Applicant") respectflly requests that the Idaho Public Utilities Commssion ("Commssion") grant the Company a Certificate of Public Convenience and Necessity to provide local exchange telecommunications services within the State of Idaho. In support of its Application, Access Point submits the following: 1. Introduction Access Point curently offers resold long distance service throughout the state ofIdaho. Applicant is requesting authority to provide basic resold and facilities-based local exchange services thoughout the state of Idaho in all exchanges not exempt from competition. Access Point proposes to provide local telecommunications service to both residential and business customers. Access Point plans to offer service though UN-P facilities and resale arangements with incumbent local exchange carers. Applicant will not provide operator assisted servces; Applicant's underlying carer will handle calls that require operator assistace. Emergency calls placed by dialing 911 wil not be routed to or handled by Access Point. Such calls will be routed though the underlyig carer to the appropriate emergency agency serving the originating location. Access Point sets the rates for its servces and handles its own customer service. All services are offered twenty-four hours per day, seven days a week Idaho Local Application of Access Point, Inc. Page i ~~OL0G'(, ~~..CC:;~~~~~~~~~ -,4- ~ ~ ~'AGEM~\\ 2600 Maitland Genter Pkw. Suite 300 Maitland, FL 32751 P. O. Drawer 200 Winter Park, FL 32790-0200 Tel: 407-740-8575 Fax: 407-740-0613 www.tminc.com Februar 11, 2008 Via Overnight lûU8 fEB \ 3 PM 4: 03 Ms. Jean D. Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Statehouse Boise, Idaho 83720-0074 Acs-t -oB-O( Re:Local Application for Access Point, Inc. Dear Ms. Jewell: Enclosed for filing are the original and thee (3) copies of the above-referenced application submitted on behalf of Access Point, Inc. Please acknowledge receipt of this fiing by retuing one copy of this transmittal letter date staped in the self addressed stamped envelope enclosed for that purose. Any questions you may have pertining to this filing may be diected to me at (407) 740-3001 or via email attforte(ßtminc.com. masM. Forte Consultant to Access Point, Inc. TMF/rg Enclosures cc: J. Brown - Access Point file: Access Point - ID - Local tms: IDl0800 II. Description of the Applicant (a) Access Point, Inc. is incorporated in the State of North Carolina on April 30, 1996. The main address ofthe corporation is: Access Point, Inc. 1100 Crescent Green, Suite 109 Car, North Carolina 27518 Telephone: (919) 851-4838 Facsimile: (919) 851-5422 (b) All correspondence, notices, inquiries and other communications regarding this Application should be addressed to: Thomas M. Forte Consultant to Access Point, Inc. Technologies Management, Inc. 2600 Maitland Center Parkway, Suite 300 Maitland, Florida 32751 Telephone: (407) 740-3001 Facsimile: (407) 740-0613 Email: tforte~tminc.com (c) The Applicant is a North Carolina corporation, authorized by the Idaho Secreta of State to transact business within the State ofIdaho. (d) The Company's Registered Agent in Idaho is: TCS Corporate Services, Inc. 5481 Kendall Street Boise, ID 83706 (e) Officers and Directors Officers and Directors of Access Point, Inc. are provided as Exhibit C. (t) Stockholders Stockholders holding a 5% or greater interest in the Company are provided as Exhibit D. (g) Access Point has been providing long distace telecommunications services for seven (7) years and local telecommunications services for fifteen (15) months. Applicant currently has authority to provide long distance service in fort-eight (48) states and is in the process of requesting expanded authority to provide local exchange services. Exhibit E contains a detailed list of the states Access Point currently has authority to provide local exchange service and/or long distace services. Idaho Local Application of Access Point, Inc. Page 2 III. Exhibits In support of this Application, the following exhibits are attached hereto: Exhibit A- Exhibit B- Exhibit C- Exhibit D- Exhibit E- Exhibit F- Exhibit F- Exhibit G- ExhibitH - Certificate of Incorporation; Certificate of Authority to Transact Business in the State of Idaho; Officers and Directors Stockholders Certification Status of Access Point. Inc/. Financial Statements Profies of Senior Management Key Personnel Proposed service area map (Rule 112( c)) Ilustrative Local Exchange Tariff IV. Financial, Technical and Managerial Qualifications Access Point possesses the managerial, technical and fmancial abilty to provide local telecommunications service in the state ofIdaho. Access Point has the fmancial resources to enable the Company to successfully provide local exchange telecommunications service in the State ofIdaho and the management team in place to manage this operations. IV.A. Financial Qualifications (a) Access Point is financially and otherwise capable and qualified to offer and maintain all of its taiffed services in its territories. In support of its financial stabilty, Access Point, Inc. is providing the fmancial statements of the Company (see Exhibit F as proof of its financial abilty to provide service within the state of Idaho. (b) As a UN-P CLEC, Access Point, Inc. wil not build facilities and wil not incur any additional capital expenditures associated with providing local service in the District. Nor wil Access Point require additional sources of funding for its District operations during its initial phase Idaho Local Application of Access Point, Inc. Page 3 IV.B. Managerial Qualifications (a) Access Point has an excellent senior management team, backed by experienced employees, who are competent in telephony engineering, operations and marketing. Attched hereto as Exhibit G are the biographies of the Access Point senior management team. IV.C. Technical Qualifications (a) Access Point's services wil satisfy the minimum standards established by the Commission./ The Company wil fie and maintain tariffs in the same manner and form as required of incumbent local exchange telecommunications companies with which Access Point seeks to compete. (b) Access Point management team has had prior experience operating competitive local exchange and interexchange service providers and possesses considerable telecommunications expertise. Based on the experience and proven track record of the Company's management team, Access Point is technically well-qualified to provide local exchange service in Idaho (c) Access Point wil initially utilze resold services and combinations of network elements provided by the underlying carieres). Underlying cariers wil perform all local switching, routing and call completion functions. Company personnel have experience working with underlying cariers oflong distance and local services. Applicant's technical and managerial personnel are well qualified to direct the delivery and biling of the proposed services. Idaho Local Application of Access Point, Inc. Page 4 V. Customer Servce Access Point understands the importance of effective customer service for local service consumers. Once it initiates operations, Access Point's toll free customer service telephone number wil be available with live operators Monday-Friday from 8:00 a.m. to 6:00 p.m. EST. Access Point's toll free telephone number for customer inquires, complaints and repair is 1-800- 957-6468. Customers may contact the company in wrtig at the headquarers address indicated below. The contact for resolution of customer complaints with the Commssion is: Ted Bohner, Customer Service Access Point, Inc. 1100 Crescent Green, Suite 109 Car, Nort Carolina 27518 Telephone: (919) 851-4838 Facsimle: (919) 851-5422 Toll Free: (800) 957-6468 Email: ted.bohner(ßaccesspointinc.com VI. Service Description and Anticipated Service Date Access Point proposes to provide local telecommunications service to both residential and business customers. Access Point plans to offer servce though UNE-P facilties and resale arangements with incumbent local exchange carers located in the State pursuant to interconnection agreement(s) that Applicant has filed or will file with the Commssion. Applicant wil not provide operator assisted services; Applicant's underlying carer will handle calls that require operator assistance. Emergency calls placed by dialing 911 will not be routed to or handled by Access Point. Such calls wil be routed through the underlying carer to the appropriate emergency agency servng the originating location. Access Point sets the rates for its services and handles its own customer service. All services are offered twenty-four hours per day, seven days a week. Access Point intends to offer servce in the geographic areas curently served by Qwest Communications. Access Point will mior the basic local callng scopes of the incumbent local exchange companies. Idaho Local Application of Access Point, Inc. Page 5 VI. Public Interest Standard Grant of Access Point's Application to provide basic resold and facilities-based local exchange services is in the public interest and serves the public convenience and necessity. In enacting the Federal Telecommunications Act of 1996, the United States Congress determned that it is in the public interest to promote competition in the provision oftelecommunications services, including local exchange servces. Experience with competition in other telecommunications markets, such as long distace, competitive access, and customer premises equipment, demonstrates the benefits that competition can bring to consumers. Consumers are enjoying increased services, lower prices, higher quality, and greater reliability. Ths is tre not only with respect to the service offerigs of the new entrants, but also as a result of the response of incumbent monopoly providers to the introduction of competition. Access Point's proposed services will provide multiple public benefits by increasing the competitive choices available to users in Idaho. Enhanced competition in telecommunications services likely will fuer stimulate economic development in Idaho. In addition, increased competition will create incentives for all carers to offer lower prices, more inovative services, and more responsive customer servce. VII. Waivers and Regulatory Compliance Access Point has reviewed all of the Commssion's rules applicable to competitive local exchange servce and interexchange servce providers and agrees to comply with those rules except to the extent the any such rules are explicitly waived generically for carers in the same class. Idaho Local Application of Access Point, Inc. Page 6 IX This Application dèmonstrates that Access Point, Inc. possesses the technical, financial and managerial resources to provide local exchange and interexchange service in Idaho. WHREFORE, Access Point, Inc. respectfully requests that the Commission: grant Access Point authority to operate as a provider of resold and facilities-based basic.ocal exchange telecommunications services within the State ofIdaho; grant the waivers requested in this Application; and 3. grant such other relief as it deems necessar and appropriate. Richard E. Brown Chief Executive Offcer and President Access Point, Inc. Idaho Local Application of Access Point, Inc. Page 7 APPLICATION OF ACCESS POINT, INC. EXHffITA ARTICLES OF INCORPORATION .STATE OF NORTH CAROLINA Depaent of The Seretar of State To al ~hom these presents shal come, Greetigs: I, Janæ H. Fauler, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF ACCESS POIN, INC. the original of which is now on file and a matter of record in this offce. . .. \ ' IN WISS WBO~ I have hereunto set my hand and affxed my offcial seal at the City of Raleigh, this 6th day of June, 1996. ..4. .. ;:~¿~ Secretary of State 000032520 96 5 5 9 O' 2 2 ARTICLES OF AMENDMENTOF AMERICAN ACCESS, INC. (J ~ OJ94 ÝZ.:¡ 'FI..LED' t IO~ 3~lr.- JUN U 3 1996. EFFECTllÆPursuant to § 55-10-05 and § 55-10-06 of the GeneraJANI§¡FH.A'Rof North Carolina, the undersigned corporation (the 's~~l)~')hereby submits the following Articles of Amendment fo~Oi~~~se of amending its Articles of Incorporation: 1. The name of the Corporation is: American Access, Inc. 2. The text of the amendment adopted is a.s follows: Article 1 of the Articles of Incorporation shall be deleted in its entirety and there shall be substituted in lieu thereof a new Article 1 which shall read as follows: "1. The name of the corporation is Access Point, Inc." 3 . The amendment does not provide f or an exchange, reclassification, or cancellation of issued shares. 4. The date of adoption of the amendment was May 31, 1996. 5. The amendment was adopted by the sale incorporator without shareholder action. Shareholder action was not required because the amendment was adopted prior to the appointment of a board of directors and prior to the issuance of shares of the Corporation. 6. These articles will be effective upon filing. This the 31st day of May, 1996. AMERICAN ACCESS, INC. By: SPRUILLCO, LTD., Incorporator . \~ . ,: , ... RaI2\015093\013999.01 \0531-96 .. .. .. 96 I 2 0 9 0 6 4 ARTICLES OF INCORPORATION () - 0 3 e¡ t. 8;iq F I LED ;; ; æJ f jY APR 3 0 1996 OF :FECO¡ ¡~.~ JANìeE H. i=iìLiLi,NER SECRETAqy OF STAïE ~jORTH C~.ROUÌ'AAMERICAN ACCESS / INC. Pursuant to Section 55-2-02 of the General statutes of North Carolina / the undersigned does hereby submit these Articles ofIncorporation for the purpose of forming a business corporation. 0 0 1.The name of the corporation is American Access / Inc. 2.The period of duration of the corporation is perpetual. 3 .engage inorganizedCarolina. The purpose for which the corporation is organized is to any lawful act or activity for which corporations maybeunder Chapter 55 of the General statutes of' North. 4. The number of shares of capital stock the corporation is authorized to issue is One Million (1/000/000). These shares shall be all of one class / designated as common stock with a par value at $.01 per share. 5. The street address and county of the initial registered office of the corporation is 102 comrie Place, CarYi Wake County, North Carolina 27511. 6. The mailing address and the street address of the initial registered office of the corporation are the same. 7 . Brown. The name of the initial registered agent is Richard E. O.8. Except to the extent that the North Carolina General statutes prohibit such li~itation or elimination of liability of directors for breaches' ~f duty / no director of the corporation shall have any personal liability arising out of an action whether by or in the right of the corporation or otherwise for monetary damages for breach of any duty as a director. No amendment to or repeal of this article shall apply to or have any effect on the liability or alleged liability of any director of the corporation for or with respect to any "acts or omissions of such director occurring prior to such amendment or repeal. ° The provisions of this article shall not be deemed to limit or preclude indemnif ication of a director by the corporation for any liability that has not been eliminated by the provisions of this article. 4'. . RaI2\137623 \0426-96 9. The name and address of the incorporator is spruillco, ~td. i 3600 Glenwood Avenue, Raleighi North Carolina 27612. 10. These articles will be effective upon f ìling. This the~ day of úrzci , 1996. , ' '" ' , " " Ra\13623 \042696 2 .. .. APPLICATION OF ACCESS POINT, INC. EXHffITB CERTIFICATE OF AUTHORITY TO TRASACT BUSINESS WIHIN THE STATE OF IDAHO ;)1l\IC '-l'riiv,- BOISE, IDAHO " ...,'",:- ~~ . . ... ~: ."' State of Idaho 1--- -I-- . : ;" . ~ CETICATE OF AUTORl OF '.., . ~~t. ACCESS POIN, INC. File number C 120739 I, PE T. CEL'lARUSA, Secretary of State of the State of Idaho; hereby certi. .. that duplicate origials of an Application of ACCESS POIN, INC. for a Certifcate of Authority to tranact business in this.State, duly signed and veried pursuant to the provisions of the Idaho Business Corporation Act, have been received in this offce and are found to conform to law. ACCORDINGL Y and by vie of the authority vested in me by law, I issue thi Certicate of Authority to ACCESS POIN, INC. to transact business in this State under the name ACCESS POIN, INe. and attach hereto a duplicate original of the Application for such Certiicate. "\... l Dated: Sep~mber 2,1997 ~(J~ SECRETARY OF STATE BY~~~ ~ APPLICATION OF ACCESS POINT, INC. EXHffITC OFFICERS AND DIRCTORS ACCESS POINT, INC. OFFICERS AND DIRCTORS The following individuals serve as officers and directors of the Applicant. All offcers and directors may be reached through the Applicant's corporate headquarers at 1100 Crescent Green, Suite 109, Cary, North Carolina 27518. Offcers: Richard Brown Robin Byers President/CEO Secretary/COO Director: Wilber Priester Director DirectorHenr Barett APPLICATION OF ACCESS POINT, INC. EXHffITD STOCKHOLDERS One Hundred (100%) percent of the Company's stock is held by its parent company, Access Point Communcations, Inc. APPLICATION OF ACCESS POINT, INC. EXHIBITE CERTIFICATION STATUS OF ACCESS POINT, INC. Access Point has had their certificate revoked in Nebraska and Ilinois due to not filing their annual financial statements, but have reconciled this problem internally and these certificates have been reinstated. States Authorized to Provide ServiceAlabama ' Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Idaho Ilinois Indiana Iowa Kansas Kentucky Louisiana Maine Marland Massachusett Michigan Minesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York Nort Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming ACCESS POINT, INC. CERTIFICATION STATUS Services Provided Local and Interexchange Interexchange, Application pending for local Interexchange, Application to be fied for local Interexchange, Application pending for local Interexchange Local and Interexchange Local and Interexchange Local Local and Interexchange Local and Interexchange Interexchange, Application to be fied for local Interexchange, Application pending for local Interexchange Interexchange (No Certification Required) Interexchange, Application pending for local Local and Interexchange Interexchange, Application pending for local Interexchange, Application pending for local Local and Interexchange Local and Interexchange Interexchange, Application pending for local Interexchange, Application pending for local Local and Interexchange Interexchange, Application to be fied for local Interexchange Interexchange Interexchange, Application to be fied for local Local and Interexchange Local and Interexchange Interexchange, Application pending for local Local and Interexchange Interexchange Interexchange Interexchange Interexchange, Application to be fied for local Interexchange, Application pending for local Local and Interexchange Local and Interexchange Local and Interexchange Interexchange Local and Interexchange Interexchange, Application pending for local Interexchange (No Certification Required) , Application pending for local Local and Interexchange Local (Certificated as Access Point of Virginia, Inc.) Interexchange, Application pending for local Local and Interexchange Interexchange, Application pending for local Interexchange APPLICATION OF ACCESS POINT, INC. EXHIBITF FINANCIAL STATEMENTS AND AFFIDAVIT Access Point, Inc. is currently not under the protection of the federal banptcy system. The applicant did fie for banptcy in 2000 but emerged from bankrptcy in 2001. Grant Thornton ~ Accountants and Business Advisors REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS To the Board of Directors of Access Point, Inc.: We have audited the accompanying balance sheets of Access Point, Inc. (a North Carolina corporation and a majority-owned subsidiary of Access Point Communcations; Inc.) as of December)l, 2006 and 2005, and the related statements of operations, changes in shareholders' (deficit) equity and cash flows for the year then ended. These financial statements are the responsibilty of the Company's management. Our responsibilty is to express an opinion on diese financial statements based on our audits. We conducted our audits in accordance with auditing standards generaly accepted in the United States of America as established by the American Institute of CertifiedPul:lic Accountats. Those standards requie that we plan and perform the audits to obtai reasonable assurance about whether the fiancial statements are free of material misstatement. An audit includes consideration of interna control over fmancial reportg as a basis for designg audit procedures that are appropriate in the cicumstaces, but not for the purose of expressing an opinon on the effectiveness of the Company's internal control over fiancial reportng. Accordigly, we express no such opinion. An audit also includes examing, on a test basis, evidence supportig the amounts and disc1osw:es in the fmacial statements, assessing the accountig principles usen and signficant estiates made by management, as wel as evaluatig the overall fi-ancial statement presentation. We believe that our audits provide a reasonable basis for out opinon. In our opinon, the fiancial statements referred to above present faily, in al material respects, the fiancial position of Access Point, Inc. as of December 31, 2006 and 2005, and the resiuts of its operations and its cash flows for the years then ended, in conformity with accountig principles generaly accepted in the United States of Amerca. ~~oNLLP Raeigh, North Caroli May 3, 2007 1140 ParkLake Avenue iuite 130 laleigh, NC 27612 . 919.881.2700 : 919.881.2795 V ww.granttornton.com lrantThornton LLP IS member of Grant Thornton International Access Point, Inc. Balance Sheets December 31, 2006 and 2005 Assets Current assets: Cash and cash equivalents Accounts receivable, net of alowance for doubtful accounts of $612,139 and $563,971, respectively , Inventory Unbiled receivables Prepaid expenses Total current assets Property and equipment, net Deposits Liabilties and Shareholders' Deficit Curent liabilties: Accounts payable Accrued expenses Current porton of capital lease obligation Notes payable Deferred revenue Total current liabilties Capital lease obligation, net of current portion Deferred rent Total liabilties Conutments and contingencies (Note G) Shareholders' deficit: Common stock, $.01 par value; 1,000,000 shares authorized, 109,220 shares issued and outstandig Preferred stock, $.01 par value; 1,000,000 shares authorized, 20,313 shares issued and outstandig Additiona paid-in capital Accumulated deficit Total shareholders' deficit The accompanying notes are an integral par of these financial statements. Page 2 2006 2005 $ 302,138 $ 638,732 2,434,910 99,375 263,853 89,796 3,190,072 568,971 424,856 $ 4,183,899 $ 1,736,483 866,286 61,723 1,755,557 587,190 5,007,239 32,503 33,248 5,072,990 1,092 6,415,007 13,692,104 (20,997,294) (889,091) $ 4,183,899 2,448,036 62,734 330,819 99,473 3,579,794 686,525 288,186 $ 4,554,505 $ 1,519,353 1,103,523 47,576 1,473,159 539,926 4,683,537 76,861 42,311 4,802,709 1,092 6,109,708 13,692,104 (20,051,108) (248,204) $ 4,554,505 Access Point, Inc. Statements of Operations For the Years Ended December 31, 2006 and 2005 . -, 2006 2005 Sales Cost of sales $23,249,130 16,329,344 6,919,786Gross margin Operating expenses: Sellg, general and admistrative Depreciation and amortzation Tota operatig expenses Loss from operations Other income and exense: Interest income Interest expense Tota other expense 6,989,277 267,224 7,256,501 (336,715) 8,215 (312,387) (304,172) $ (640,887)Net loss The accompanyi notes are an integral par of these financial statements. Page 3 $24,645,068 16,815,172 7,829,896 8,171,553 784,226 8,955,779 (1,125,883) 26,534 (131,282) (104,748) $ (1,230,631) b )Access Point, Inc. Statements of Cash Flows For the Years Ended December 31,2006 and 2005 ) . ., Cash flows used in operating activities: Net loss Adjustments to reconcile net loss to net cash provided by operating activities: Depreciation and amortization Provision for doubtfu accounts (Decrease) increase in deferred rent Adjustments in operating assets and liabilties: Increase in accounts receivable Increase in inventory Decrease (increase) in prepaid expenses Decrease in long-term deposits and unbiUed receivables (Decrease) increase in accounts payable, accred expenses and other libilties Increase in deferred revenue Net cash used in operatig activities Cash flows used in investig activities - Purchases of propert and equipment Cash flows provided by financing activities:' Net borrowings of note payable Repayments of capital leases Repayments of note payable Net cash provided by fiancig activities Net (decrease) increase in cash and cash equivalents Cash and cash equivalents, beginn of year Cash and cash equivalents, end of year Supplemental disclosures of cash and noncash information: Cash paid during the year for interest Assets acquied with capita lease Accrual of dividends on preferred stock The accompanying notes are an integral part of these financial statements. Page 5 2006 2005 $(640,887)$(1,230,631) 267,224 784,226 48,168 249,395 (9,063)42,311 (35,042)(284,244) (36,641)(62,734) 9,677 (26,727) (69,704)20,553 (20,107)381,880 47,263 35,869 (439,112)(90,102) (129,803)(397,828) 282,399 649,064 (50,078)0 0 (99,699) 232,321 549,365 (336,594)61,435 638,732 577,297 $ 302,138 $638,732 $ 312,386 $131,282 19,867 124,437 305,299 366,560 AFFIDAVI I, Richard E. Brown, being first duly sworn, deposes and states as follows: that I am Chief Executive Offcer and President of Access Point, Inc., the Applicant herein, that I have reviewed the matters set forth in the Application and Exhibits and the stàtements contained therein are tre to the best of my knowledge, except as to those matters which are stated on information or belief, and as to those matters I believe them to be tre. Richard E. Brown Chief Executive Offcer and President Access Point, Inc. t'- Sworn and subscribed before me this ~ day of February, 2008. My Commission expires ¿ - j () - J 2- L ~ L ?i. f5':A. Signatue of official administering oath .. Æ~ M. 80Y ~Ab rC~ 0\ ~rI.. ~ i\. 0\f#~ \~ "'UB""~' ~£2U~ APPLICATION OF ACCESS POINT, INC. EXHIBITG PROFILES OF SENIOR MANAGEMENT KEY PERSONNL ACCESS ~INTINC.A TELECOMMUNICATIONS COMPANY Key Management Access Point, Inc. was founded in 1996 by a team with over 50 years of combined experience. The following is a brief description of the qualifications and experience of Access Point's senior management team. Richard E. Brown - CEO. Mr. Brown founded Access Point in March 1996. Prior to founding Access Point, he was employed at BTl which was then a regional reseller serving the BellSouth region. As a key executive of BTl, Mr. Brown helped to grow the organization from $2.2 milion in sales to over $120 milion and from 15 employees to over 500. Mr. Brown joined BTl in 1986 as Controller, and was promoted to Executive Vice President of Finance in 1991. In that role,he wrote the business plan and raised $10 milion in seed capital to start FiberSouth, a competitive access provider, as well as securing all financing required to grow BTL In 1993, Mr. Brown also helped found Optex, a telecom biling company that specialized in developing softare for switchless resellers. He served on the Board until it was sold in 1997 to Clairmont Technology and ultimately to CBSI, a publicly traded worldwide provider of information technology services. From 1980 to 1982, he was senior cost accountant at Brown Boveri Electric. In 1983, he joined Baker Perkins in Goldsboro as a plant cost accountant, and was promoted to General Accounting Manager in 1985. Mr. Brown is a 1979 graduate of the University of South Carolina with a BA in Accounting and became a CPA in 1987. Robin A. Byers - COO. Mr. Byers joined Access Point in March 1996 as a co-founder. Over the last 20 years Mr. Byers has held a series of sales and management positions in the telecom industr. In 1990, he joined BTl as a Regional Sales Manager, was promoted to Divisional Sales Manager in 1992 and then to Director of Sales in 1994. As the Director of Sales, was responsible for leading the Direct Sales efforts at BTL Mr. Byers led a Sales Team consisting of 150 Sales Representatives in 26 offices in the Southeast and Mid-Atlantic regions of the U.S. While in that role, Mr. Byers increased the average revenue-per-rep in the Direct Sales force by 11% and successfully opened 5 new markets. From 1986 to 1990, Mr. Byers was employed as a Sales Representative and promoted to Sales Manager at MOBILECOMM, a BellSouth Company. Mr. Byers attended Ohio State University. ACCESS PfINTINC.A TELECOMMUNICATIONs COMPANY J. Scan Wilson - Controller. Sean Wilson joined Access Point in early 2004 and brings more than 13 years of unique and diverse financial experience to the company. Mr. Wilson joined us from Deltacom Communications/BTl where he served as Manager of Accounting Operations. While employed with DeltaComlBTI, Mr. Wilson held other positions such as General Ledger Manager and Revenue Assurance Manager. Mr. Wilson is a graduate of North Carolina State University with a Degree in Accounting. He is also a Certified Public Accountant and Certified Management Accountant. Gregory Taylor - Vice President of Information Services Mr. Taylor first joined Access Point in April 1999 with over six years of experience in the industry. Prior to that, he held the position of VP of Operations with Topcoat Software, Inc. a company that he helped form in 1998. Before the formation of that venture, he was with BTl fora period of six years, beginning as a Cost Analyst in 1992 and rising to the position of Cost Accounting Manager in 1997. In 2001 Mr. Taylor left the company for a period, working for Convergys - Information Management Group in the implementation of their biling and order tracking applications. He then re-joined Access Point in 2002 to head up the development of the company's next-generation OSS. Mr. Taylor received a BS in Accounting from East Carolina University in 1991. Debra Pasquale - Vice President of Service Delivery Mrs. Pasquale brings nearly 20 years of telecommunications experience to Access Point. Working for companies such as AT&T and BTl, Debra has proven herself to be a results-driven professional with excellent leadership and management skils. Most recently, Debra held the position of Vice President of Service Delivery with ITC-Deltacom. Her career with ITC-Deltacom spanned a nine-year period, where she began as a provisioner / circuit designer. She was promoted several times up through management, becoming a Vice President with the first eight years. Her outstanding performance has been recognized by the receipt of several awards including the Operational Excellence Award for Extraordinary Achievement and the Sales MVP in 2003. Debra is currently attending Wake Technical Community College. ACCESS PfINTINC,A TELECOMMUNICATIONS COMPANY Chris Kasprzak - Director of Customer Service Mr. Kasprzak has over 15 years of telecommunications and service experience. He joined Access Point in 2000 and was promoted to Director of Customer Service in 2004. His previous experience includes ten years at GTEN erizon, where he was responsible for major account development and management of a national Call Center. Prior to that, Mr. Kasprzak worked as a Sales and Marketing Director for the hotel industr. Mr. Kasprzak holds a BA in Public Administration from North Carolina Central University. Scott Blanton - Director of Information Technology Scott Blanton came to Access Point from Easter Seals of North Carolina where he served as Network Administrator from December 1995 to October 1998. Before that he was in IT Services at BTl, beginning with them in July 1994. Mr. Blanton has 8 years of industry and management experience. He holds multiple Certifications in the IT field including; Microsoft Certified Systems Engineer and Certified Novell Engineer. Mr. Blanton holds a BA in History from North Carolina State University, August 1993. Jared Welch - Director of Product Development Mr. Welch brings over 9 years of management experience to Access Point. Prior to joining Access Point, he owned and operated his own businesses. Before becoming an entrepreneur, he worked with a telecommunications company, BTl, in their service provisioning deparment where he received an award for making an immediate impact in the 2nd quarter of 1999. Before joining the telecommunications industry, Mr. Welch was a Manager for Midway Airlines in their Baggage Service and Operations departments from 1996 to 1999. Mr. Welch joined Access Point in 2000 and was promoted to Local Service Manager in 2001 and then on to become a Director in 2004. Mr. Welch attended the University ofNC at Chapel HilL. ACCESS P.INTINC.A TELECOMMUNICATIONS COMPANY Jim Hart - Director of Operational Support Systems James Hart joined Access Point in 1999 after serving several years with MCI/WorldCom. After starting with Access Point as a member of the biling team, Mr. Hart rose to the position of Biling Manager and was promoted to Director of Operational Support Systems in 2006. Through his 8 years of telecommunications and service experience, Mr. Hart has successfully lead the implementation and management of multiple OSS/BSS systems. Mr. Hart received a BS in Business Administration from the Kenan-Flagler Business School at the University of North Carolina at Chapel HilL. APPLICATION OF ACCESS POINT, INC. EXHIBIT H PROPOSED SERVICE AREA MAP Access Point, Inc. seeks statewide authority to offer its services.