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HomeMy WebLinkAbout20101119Application.pdfn TECHNOLOGIES !\ì\ßllO'l ,'3 l\~ 9: 3412444 Powerscourt Suite 370 St. Louis, MO 63131 Phone: 314-225-2202 November 15,2010 Ms. Jean D. Jewell Idaho Public Utilities Commission Secretary 472 West Washington Street Boise, Idaho 83702 ß(l--t-i 0- ö\ Re: BIG RIVER TELEPHONE COMPANY, LLC Dear Ms. Jewell: Enclosed please find for filing an unbound, unstapled original and three (3) stapled copies of BIG RIVER TELEPHONE, LLC's Application for a Certificate of Public Convenience and Necessity. The company has no local exchange customers in the State of Idaho at this time, and this is a new fiing. APPLICANT HAS ALSO ENCLOSED ONE (l) COPY ON YELLOW PAPER OF FINANCIAL STATEMENTS IN A SEP ARA TE ENVELOPE MARD "CONFIDENTIAL AND PROPRIETARY", AND RESPECTFULL Y REQUESTS CONFIDENTIAL TREATMENT OF THE ENCLOSED FINANCIAL INFORMATION. APPLICANT EXPECTS THAT THIS INFORMATION WILL BE RESTRICTED TO COUNSEL, AGENTS AND EMPOLOYEES WHO ARE SPECIFICALL Y ASSIGNED TO THIS APPLICATION BY THE COMMISSION. I have also enclosed an extra copy of this letter to be date stamped and returned to me in the enclosed self-addressed, stamped envelope. If you have any questions, please do not hesitate to contact me. Than you for your cooperation in this matter. Swcer.ely, ~ ¡:'¿'1 C/.of _,' ': ;/-- " Brian C. Howe BEFORE THE PUBLIC UTILITIES COMMISSION~:;lIìfE STATE OF IDAHO ZnUiNO'l l9 ftl' 9: 35 In the Matter of the Application of Big River Telephone Company, LLC.Docket No. ßRT- t -lD-- For a Certificate of Public Convenience and Necessity to Provide Local Exchange and Interexchange services in Idaho APPLICATION OF BIG RIVER TELEPHONE COMPANY, LLC Big River Telephone Company, LLC, (hereafter referred to as "Big River" or "Applicant"), pursuant to the Idaho Code §§61-526-528, IDAPA 31.01.01.111 and Procedural Order No. 26665, hereby applies to the Idaho Public Utilities Commission ("Commission") for a Certificate of Public Convenience and Necessity to authorize Big River to provide limited facilties-based competitive local exchange and interexchange services in Idaho. In support of its application, Big River provides the following: I. Proposed Services 1. Applicant proposes to provide local exchange, interexchange and switched exchange access services throughout any exchanges in which it partners with a local cable TV company with whom it wil lease local network to gain access to customers. Big River plans to market to both residential and business customers to provide basic phone service, custom callng features, long distance and toll free service. Service wil be provided from Applicant's own network and via the leased local network to the Cable TV company with whom Applicant parners. Applicant may also lease transport facilties from ILECs statewide and will do so pursuant to negotiated interconnection agreements. 2. Applicant wil use the existing conduits, ducts, rights-of-way, and facilties of other telecommunications cariers, utilties, and municipalities. Applicant wil not constrct any new, or extend any existing, outside plants in Idaho to provide the services for which it seeks authority. 3. Big River's marketing strategy wil be developed and will comply with all Commission rules and regulations in the state of Idaho. Big River wil advertise its services through media of general distribution, using television, radio, and local print media. It will also communicate the availability of services, service features, and packages by direct maiL. Finally, it wil provide details of its offers on its website and advertise its services in the programming advertisements of its cable parners. II. Form of Business 4. Big River is a competitive provider of local and long distance phone services. Big River has not been denied requested certification in any jursdiction and is curently authorized to provide telecommunication services in the following states: Alabama Arkansas Colorado Georgia Ilinois Kansas Kentucky Louisiana North Carolina Minnesota Mississippi Missouri Nebraska New Jersey New Mexico Oklahoma Pennsylvania Tennessee Texas South Carolina Washington Wisconsin Wyoming 5. Big River is a Limited Liability Company, LLC, organized under the laws of the state of Delaware. 6. Applicant's legalname is Big River Telephone Company, LLC, with its principal place of business located at 24 South Minnesota, Cape Girardeau, MO 63703, (573) 651-3373 (Tel) and (573) 651-3605 (Fax). 7. A copy of Applicant's Articles of Incorporation is attached hereto as EXHIBIT A. 8. Big River's authority to transact business as a foreign corporation in Idaho is attached hereto as EXHIBIT B. 9. Big River's registered agent for service in Idaho is CT Corporation System, 111 West Jefferson, Suite 530, Boise, ID 83702. 10. A list of the names and addresses of Big River's ten common stockholders owning the greatest number of shares of common stock and the number of shares owned by each is being filed separately as EXHIBIT C in a separately sealed envelope marked "Confidential and Proprietary". 11. Big River's offcers are: Name: Official Title: Direct Telephone Number: FAX Number: Email: Name: Offcial Title: Direct Telephone Number: FAX Number: Email: Name: Official Title: Direct Telephone Number: FAX Number: Email: Gerard Howe Chief Executive Offcer 314-225-2203 573-651-3605 j howeêbigrivertelephone. com Kevin Cantwell President 314-225-2201 573-651-3605 kcantwellêbigrivertelephone.com John F Jennings Chief Financial Officer 314-225-2202 573-651-3605 jjenningsêbigrivertelephone.com Name: Offcial Title: Direct Telephone Number: FAX Number: Email: Kevin Keaveny Chief Technical Officer 314-225-2207 573-651-3605 kkeavenyêbigrivertelephone.com All officers can be reached at Applicant's principal place of business. 12. Big River has no corporation, association or similar organzation holding a 5% or greater ownership or management interest. 13. Big River has one subsidiar, Big River Broadband, LLC, which is not curently operationaL. 14. Correspondence pertaining to this Application should be directed to: Patty F eiste Project Manager573.651.3373 pfeisteêbigrivertelephone.com III. Telecommunication Service 15. Big River intends to begin providing service in Idaho after it obtains authorization to do so. Initial plans are to enter into the appropriate interconnection and service arrangements with Verizon, Qwest North, and Qwest South to offer such services. a. Big River wil use the existing conduits, ducts, rights-of-way, and facilties of other telecommunications cariers, utilties, and municipalities. Applicant will not construct any new, or extend any existing, outside plants in Idaho to provide the services for which it seeks authority. b. Any facilities deployed by Big River will be for gateways to interface to the Public Switched Telephone Network. Additionally, Big River deploys network aggregation routers in each local service area to concentrate and transport telephony traffc from line equipment to its core network for eventual termination to the Public Switched Telephone Network and vice versa. All other networks required to provide service will be leased from other paries. 16. Big River will parner with cable companies, allowing them the ability to offer their Digita Phone Services to both business and residential customers in the State of Idaho. Services will be available to subscribers twenty-four hours per day, seven days per week, at rates, terms and conditions established by Applicant. Services wil be offered and provided in accordance with applicable Idaho statutes and Commission regulations. Applicant's taff, containing the terms, and conditions, applicable to its customers, and a description of the services offered, will be fied upon a grant of operating authority. iv. Service Territory 17. Big River initially plans to provide service in the areas served by Verizon, Qwest North, and Qwest South. Applicant's service area will be identical to that of the incumbents, and applicant incorporates the incumbents' service area maps by reference hereto. 18. Big River proposes to provide local exchange, interexchange and switched exchange access services throughout any exchanges in which it parners with a local cable TV company with whom it wil lease local network to gain access to customers. Big River, however, seeks the full range of local and interexchange authority so that it can have flexibility in provisioning its services in the future. Initially, Big River will compete directly with Verizon, Qwest North, and Qwest South for the provision of local exchange telecommunication services. V. Financial Information 19. Financial information demonstrating Big River's financial qualifications is being filed separately as EXHIBIT D in a separately sealed envelope marked "Confidential and Proprietay". As shown in the attached information, Big River is financially qualified to operate within the State of Idaho. VI. "Ilustrative" Tariff Filings 20. Big River's proposed initial local and interexchange taiffs are attched as EXHIBITE. VII. Customer contacts 21. Big River's planed service offerings wil meet or exceed any applicable Commission quality of service requirements. To ensure top quality service, Big River will be available during regular business hours for customer inquiries. Potential customers can call Big River's toll free number 1-(800) 455-1608 for general questions or biling inquiries. Customers can report technical problems via a toll free number at 1-(800)455-1608. Big River Telephone Company will continuously monitor and maintain a high level of control over its network on a 24-hours-a-day, 7-days-a-week basis. 22. Big River has a toll free number available to all consumers 24 hours per day/ 7 days per week at 1-(800)-455-1608. 23. Inquiries from Commission Staff for resolving complaints and matters concerning rates lists and tariffs should be directed to: Name: Official Title: Direct Telephone Number: FAX Number: Email: Andrew Schwantner Carier Liaison!etwork Planing 314-225-2205 573-651-3605 asêbigrivertelephone.com VIII. Interconnection Agreements 24. Once Applicant's Idaho CLEC application is approved then negotiation for an Interconnection Agreement will begin with Verizon, Qwest North and Qwest South. IX. Compliance with Commission Rules 25. Applicant has reviewed the laws and regulations goveming local exchange telecommunications services in Idaho and wil provide service in accordance with all laws, rules, and regulations to the extent they are not preempted by the Federal Act. X. Escrow Account or Security Bond 26. Big River does not require advance payments or deposits; therefore, no escrow account is being fied. XI. Conclusion As demonstrated by the application and pursuant to Idaho Code §§61-526-528, IDAPA 31.01.01.111, and Procedural Order No. 26665, Big River's expertise in the telecommunications sector wil permit it to select the most economic and efficient services, thereby providing the customers with an excellent combination of price, quality and customer service. Applicant asserts that this application wil serve the public interest because the Applicant's provision of local and long distance telecommunications services wil increase competition and provide consumers in Idaho with greater choices. It is in the public interest to create competition in the provision of local exchange and interexchange markets. Authorizing Applicant to provide local exchange and interexchange services wil result in a greater varety of telecommunications services and products to business and residential consumers in the telecommuncations market. Consumers benefit from increased choices among facilities-based local and interexchange providers and competitive, cost based rates. Applicant respectfully requests the Commission enter an Order granting this Application. Respectfully submitted, Dated:ILL f õ/I 0 ,/BY:/s/¿~ Gerard Howe Chief Executive Officer Telephone: 314-225-2203 FAX: 573-651-3605 jhoweêbigrivertelephone.com Subscribed and sworn before me thisi8"ay of November 2010. Lf~u) 1hDtYb 2e~~ Notar Public My Commission Expires:Sbl/fJOl4 ANDREW THOM SCHWANERNo Puic . No se STATE OF MISSO'lRIJe ContyCo Numer 108936 My coissio expres May 31, 2014 EXHIBIT A Ðeraware PJW i 'l !Frst State :¡, JIE'l tlf'H JiINDstm, sgCJARY OF STATE OF THE S'JA'I OF ~:iWA, DO H1&Y CEXFY "SIG RIV TELEIlOM coAN. LL" is iii:r TOl' UNDB xu JAS (W 'rBE $1J!S OF iis:~ AN is IN GOD S'lANDIN AN RAS A Uc; s:S:r SO FAR AS f'SUCRDS OF :rs OFFICI! SHOJ, AS OF ræ rrT-ialI DAY OF JUr, A.D. 20lJ8. AN :r DO BBMr FC2'~ awnn "lIr :m M"N 'lAXS HAVE J1 PUD ir .DTE. 339'1666 8100 ..~ ~.l9l~ ~sm~W"_04S_MrOfS_ AO'UNTECA'JION: 6759191 DATi:: 07-Z9-o8080827939 rf' :'r.:f;2"ii~~~r.;:~h"" EXHBITB m FILED EFÆcnS PPLICATION FOR CERTIFICATE OF AUTHORITY FOR FOREIGN LIMITED LIABILITYCOMPANY (~on I:k ofQPk:oo) 1, Toonamø oftle limited ~~yrlò: to,. -2 PI 3' S2 S£$' HY Of ;: iATE ' OF iOAHO lhi, Hi_ J'~leplnc ('~¡m, LtL. 2. If the riamottt !lOO lIabiy COanylì no peilbleOf l:\ no av.blein Idllo. til nam$ tho focig l1mîled liability i:panywUfUGe In ldls. 3. 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