20090226Application.pdf

Lance J.M. Steinhart P.C.
Attorney At Law
1720 Windward Concourse
Suite 115
Alpharett Georgia 30005
RE-r:~i\¡~ 'I.- .~.."",." n
2009 FEB 26 AM 9= 32
Also Admtted in New York
and Marland
Telephone: [phone]
Facsimle: [phone]
Email: Isteinar(ftelecomcounseLcom
Febru 25, 2009
VI OVERNIGHT DELIVRY
Ms. Jean D. Jewell
Idaho Publìc Utilìties Commission
Secreta
472 West Washington Street
Boise, Idaho 83702
ß CL - T - 0 ci - 0 (
Re: Broadvox-CLEC, LLC
Dear Ms. Jewell:
Enclosed please fid for filing an origial and thee (3) copies of Broadvox-CLEC, LLC's
Application for a Cerficate of Public Convenience and Necessity to Provide Resold and Facilìties-
BasedE Local Exchange telecmmuncations serices within the State of Idaho. The company
has no local exchange customer at ths time in the State of Idaho and this is a new filing.
APPLICANT HAS ALSO ENCLOSED ONE (1) COPY OF FIANCIA
STATEMENTS IN A SEPARTE ENVLOPE MAD "CONFIENTIA AN
PROPRITARY", AN RESPECTFULY REQUESTS CONFIENTIA TREATMENT
OF THE ENCLOSED FIANCIA INFORMTION. APPLICANT EXPECTS THAT
TIDS INFORMTION WILL BE RESTRICTED TO COUNSEL, AGENTS AN
EMPLOYEES WHO AR SPECIFICALLY ASSIGNED TO TIDS APPLICATION BY
THE COMMISSION.
I have also enclosed an extra copy of ths letter to be date staped and retued to me in the
enclosed, self addressed, postage prepaid envelope. If y: have any questions or if I may provide
you with additional information, please do not hesitate contact me.
cc: Alecia Monroe
e .M. Steinar
ey for Broadvox-CLEC, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF
Broadvox-CLEC, LLC
for a Certcate of Public
Convenience and Necessity to
Provide
Local Exchange Telecommunications
Servces Within the
State of Idaho
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2009 FEB 26
AM 9: 32
CASE NO.
ß GL -= - o'ì -0 (
APPLICATION AN REQUEST FOR AUTHORITY
Application is hereby made to the Idaho Publìc Utilities Commission for a Cerficate of Publìc
Convenence and Necessity authorizing Broadvox-CLEC, LLC, ("Applicant" or "Broadvox-CLEC")
to provide local exchange telecommuncations serces pursuat to Idaho Code Sections 61-526
through -528 and IDAP A 31.01.01.111 (Riles 111 & 112) as clarfied by Procedural Order No. 26665
in Case No. GNR-T-96-4. The following general information and exhbits are fushed in support
thereof:
1.) Applicant's legal name, address of its pricipal offces and telephone number are:
Broadvox-CLEC, LLC
1228 Euclid Avenue, Suite 390
Cleveland, Ohio 44115
[phone]
i
The Applicant has no offce located in the State of Idaho. The Applìcant intends to provide
resold and facilities-based local exchange serce utilizing unbundled network elements, or the
equivalent thereof. Such services wil be provided by utilìzing the facilìties incumbent local
exchange carers ("LECs").
2.) Applicat is incorporated in the State of Delaware and is in good stading under the laws of
that state. In addition, the Company is authorized to do business as a foreign Broadvox-CLEC in the
State of Idaho. Attched as Exhbit 1 to ths Applìcation is a copy of the Company's Aricles of
Incorporation.A copy of Applicant's ceificate of authority to transact business in Idaho is
attched hereto as Exhbit 2.
3.) The name and business address of Applicat's registered agent for serice in Idaho are:
Incorp Servces, Inc.
921 S. Orchard Street, Suite G
Boise, Idaho 83705
2
4.) The names and addresses of the ten common stockholder of Applicant Ownng the Greatest
Number of Shares of Common Stock and the Number of Such Shares Owned by Each are:
Name and
Address
Shares Owned Percetage of All
Shares Issued &
Outstanding
Percentage
of Voting
Control
The Broadvox Holding Company, LLC 100%
Address: All of the shareholder can be reached through the company at the address lìsted in 1.) above.
5.) The names, addresses and ownerhip of Applicant's Member and Directors are:
Member:
The Broadvox Holding Company, LLC
Alex Gersburg, Corprate Secreta
Andre Temorod, Chief Executive Offcer
Eugene Blum, Chief Operatig Offcer & Treasurer
Directors:
None
Each can be reached at Applicant's primar place of business and telephone number as
follows:
Broadvox-CLEC, LLC
1228 Euclid Avenue, Suite 390
Cleveland, Ohio 44115
[phone]
3
6.) The Name and Address of Any Corporation, Association, or Simlar Organation Holding a
5% or Greater Ownership or Management Interest in Applicant are as follows:
See answer to 4. above.
7.) The names and addresses of Subsidiares Owned or Controlled by Applicat are as follows:
None.
8.) Applicant initially proposes to provide resold local exchange serices and to purchase
unbundled network elements, or the equivalents thereof through interconnection and/or commercial
agreements, provided by existig LECs: Qwest Nort Qwest South, and Veron. Applicant has no
curent plans to install facilities in Idao but may do so in the futue, however, the natue and extent of
the facilities to be utilìzed has yet to be deterned. Applìcant intends to provide all forms of
intrastate local exchange and interexchange telecommuncations serces including:
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1. Interexchange (switched and dedicated servces):
A. 1+ and 101XX outbound dialing;
B. 800/888 toll-free inbound dialing;
C. Prepaid and Postpaid calling cards;
D. Directory Assistace; and
E. Frae Relay and other data serces.
2. Local Exchange:
A. Local Exchange Serces for business and residence customer that will enable
customers to origiate and terate local calls in the local calling area sered by other
LECs, including local dial tone and custom calling featues.
B. Switched local exchange serces such as flat-rated and measure-rated local serces;
vercal serces, Direct Inward and Outward Dialed trs, carer access, public and
sem-public coin telephone serces, and any other switched local serces that
curently exist or wil exist in the futue.
C. Non-switched local serces (e.g., private line) that curently exist or will exist in the
futue.
D. Centrex and/or Centrex-like serces that currently exist or will exist in the futue.
E. Digita subscrber line, ISDN, and other high capacity line serces.
Applicant seeks authority to resell and provide facilties-basedE interexchange and local
exchange serces initially throughout the State where provided by incumbent LECs, however,
Applicant does not intend to serce areas servced by any LECs which are eligible for a small or rual
carer exemption pursuant to Section 251 of the Federal Telecom Act of 1996.
5
Applicant has no curent plan to instal facilities in Idaho. Copies of Applìcat's Broadvox,
Inc. & Subsidiares Consolidated Financial Statements for the yeas ended December 31, 2005,
December 31,2006 and December 31,2007, Exhbit 3, are being filed in a separately sealed envelope
marked "Confidential and Proprieta.
10.) A map showing where Applicant is proposing to provide serce is attched hereto as Exhbit
4.
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11.) A copy of Applicant's ilustrative taff is attached hereto as Exhbit 5. Applicant will file its
proposed taff establishig its proposed serces and charges upon completion of interconnection and
upon receipt of cerification by the Commssion.
12.) Questions concerng ths application and Applicant's tarff should be directed to Applìcant's
representative:
Lance J.M. Steinar
Lance J.M. Steinar, P.C.
1720 Windward Concoure
Suite 115
Alpharett Georgia 30005
[phone] (Telephone)
[phone] (Facsimle)
Isteinhar($telecomcounseLcom (Email)
Cutomer Complaints and Inquires are to be addressed to:
Eugene Blumin
1228 Euclid Avenue, Suite 390
Cleveland, Ohio 44115
[phone] (Customer Service)
7
13.) Applìcant has not initiated interconnection or resale negotiations.
14.) Applicant has reviewed the laws and regulations of ths Commssion goverg local exchange
telecommuncations serces in Idaho and wil provide serce in accordance with all laws, rules and
regulations to the extent they are not preempted by the Federal Act.
15.) Applìcant wil not requie advance payments or deposits, therefore, no escrow account is being
filed.
WHEREFORE, Broadvox-CLEC, LLC, requests that the Idaho Public Utilìties Commssion
enter an order granting a Certficate of Publìc Convenience and Necessity authorizing Broadvox-
CLEC, LLC, to provide resold and facilities-basedE local exchange telecommuncations serces
pursuant to Idaho Code Sections 61-526 through -528 and IDAPA 31.01.01.111.~-:. ,Respectfully submitted thi~--y of ~ 2009.
BROADVOX-CLEC
By:
.M. Steinhar, Esq.
Lanc J. . '"Steinar, P.C.
1720 Windward Concourse
Suite 115
Alpharetta, Georgia 30005
Telephone: [phone]
Facsimile: 770/232-9208
Email: Isteinhar(ftelecomcounseLcom
Attorney for
Broadvox-CLEC, LLC
8
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
LIST OF EXHIBITS
CERTIFICATE OF FORMTION
CERTIFICATE OF AUTHORI TO TRASACT BUSINESS
FINANCIAL INFORMTION
SERVICE ARA MA
ILLUSTRATIV TARF
9
EXHIBIT 1 - CERTIFICATE OF FORMTION
10
State of DelawareSecreta of StateDivision of Corprations
Delive 11:30 AM 11/24/2008
FI 11:30 AM 11/24/2008
. SRV 081141822 - 4626470 FI
STATE of DELAWARE
LIMITED LIABILITY COMPANY
CERTIFICATE of FORMATION
ø ø
First: The name of the limited liahilty company is ~. Broadvox-CLEC, LLC
Second: The aòòress of its registered offce ~n the State of Delaware is One Commer~e..
Center 1.20l Orange St. 1/600, \ - . C.-- fWilmingtonII me ity 0
Zip code 19899 . The name of its Registered agent at such address is
Incorp Services, Inc.
Third: (Use this paragraph' only if the company is to have a specific effective date of
dissolution: "The latest date on which the limited liabilty company is to dissolve is ø
.")
Fourth: (Insert any other matters the members detennine to include herein.)
In Witness Whereof, the undersigned have executed this Certificate of E nnation is
I' 9 A-- day of jic1¿;J/!JC"t ..lcc'l/. . . ø,
By:
Name: !lu:X G(;I2:Tf.fS,Ut:; esC)
ø ,
\
EXHIBIT 2 - CERTIFICATE OF AUTHORI TO TRASACT BUSINESS
11
fiLL. ~~~~CTlVE
25
r--.--'APPLICATION FOR CERTIFICATE
I OF AUTHORITY FOR FOREIGNI UM1TED LIABILITY COMPANY
(Instructions on back of applicaion)
i. The name of the limited Jiabihty copany ìs:
Broadvox-CLEC. LLC
...."RETAffí Of ?TAH.';t.vSTATE Of \BAHD
~
2. If th name of the llmited liabilty company is not permissible or is not available in Idaho, the
name the foreign limited liabilty company wiN use in Idaho is:
3 The jurisdiction under whose laws the limited liabìlty company is formed is: Delawe
4. Toe name and complete street address of the registereå agent in Idaho is:
I"corp servce, Inc. 921 S. Orchard stt: st. G. Bois, fO 83705
I
5. The street and maíßng address of the Umited liabilty company's principal offce in idaho is:
128 'Euelid Ave., Ste. 390. Cf.eveta OH 44115
šf Mdress .. ....
Mailing Atss íf diffeFe
6, The street and mailng addresses of the limited liabHily company's offce in the jurisdicton
under whose laws it is organized is:
On,e Commerce Center, 1201 Orange Street #60, Wilmington, DE 1989
SUe¡1 Add:;
Malì Aiss, ii diferent
1. The name. and mailng address of at least one member or mal"iBger:
1228 Euclid Ave., Ste. 390, Cleveland, OH 44115
8. Sígnature of an authorized person:
, LLC, Membr
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Secmtaiy of Stle uSS nny
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IDAHO SECRETARY OF STATE02/13/2009 05:00
CK: 8868 CT: 234128 BH: 1157817
1 I 180.08 = 108.80 REGFORLLC' 2
ÐeCaware PAGE 1
fJ :Frst State
I, JEFFRY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWAR, DO HEREBY CERTIFY "BROADVOX-CLEC, LLC" IS DULY FORMD
UNDER THE LAWS OF THE STATE OF DELAWAR AN IS IN GOD STANDING
ANDRA A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE
SHOW, AS OF THE TWNTY-EIGHTH DAY OF JANARY, A.D. 2009.
Jeff W. Bullock. Secretary of State
TION: 7106214
DATE: 01-28-09
4626470 8300
090078263
EXHIBIT 3 - FINANCIA INORMTION
FILED AS CONFIDENTIAL AN PROPRIETARY
12
EXHIBIT 4 - SERVICE ARA MA
13
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l .07/'23/97 t 16:17 '5208 334 3762 ID.mo PUC.ii 002/002
LEGEND
. II Ex GT Ser Ar
I~ Ex U S We Nort Servce Ar
II e:iing U S Wet Sout Ser Ar
State of Ohio
County of Cuyahoga
Alex Gesbur, Coiprate Sectar of The Broadvox Holdi Company, LLC, Membe of
Broadvox-CLEC, LLC, being :f duly sworn, deposes and says that he has read the foregoing
application and knows the contents therof and; tht the same ar tre of hi knowledge, excet as
to matters which ar therei stated on informon or belief, and to those matter he believes them to
be tre.
Broadvox-CLEC, LLC ha al reviewed al of the Commsion Rules and agees to comply with
them.
Broadvox-CLEC, LLC
By:
g Company, LLC, MemberBy:
Susc an swor to befor th J~m da Of~, 200.
Nota Public
My Commsion expires: V Ç( d- ((
ALECI MONROE
NOTARY PUBLIC' STATE OF OHIO
Recorded in Cuyahoga County
My commission expires Jan. 5, 2011
1D CLEC App