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
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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
. \~
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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.
, '
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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
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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.