20141118Application.pdf

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November 18,2014
Via Overnisht Courier
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise,Idaho 83702
secretary@puc. idaho. gov
Re: Docket No. CYD-T-04-01
Application for the Transfer of the Certificate of Public Convenience and
Necessity No.440 to Provide Facilities-Based and Resold Local Exchange and
Interexchange Services in the State of Idaho from Megapath Corporation to
GC Pivotal,Llc d/b/a Global Capacity
Dear Ms. Jewell:
Megapath Corporation ("Megapath) and GC Pivotal, LLC d/b/a Global Capacity
("Global Capacity") (collectively, the "Parties"), through their undersigned counsel,
respectfully request approval of the Idaho Public Utilities Commission ("Commission")
to transfer Certificate of Public Convenience and Necessity ("CPCN") No. 440 from
MegaPath to Global Capacity ("Transfer").r This Application is being filed as part of a
larger transaction whereby Global Capacity intends to obtain certain network assets and
data service customers ("Asset Transfer") from MegaPath Corporation ("MegaPath-).2
Global Capacity intends to provide services to those customers under the same rates,
terms and conditions as they are currently provided by MegaPath. Consistent with the
services provided by MegaPath, Global Capacity does not intend to provide voice
services at this time. [n order to serve those customers, Global Capacity is hereby
requesting facilities-based and resold authority. Global Capacity intends to file a revised
I Global Capacity filed an application for a Certificate of Public Convenience and
Necessity with the Commission on Septemb er 23 , 2014. See Docket No. GPC-T- l4-0 I .
Global Capacrty will withdraw that application upon approval of this Transfer.
2 Global Capacity requests that the filing it makes with respect to the Asset
Transfer from MegaPath, filed on or about September 24, 2014, to Global Capacity be
associated with this Application.
CASE RHCPENED
N76296196
Jaclyn A. Brilling, Secretary
November 18,2014
Page2
tariffreflecting its name, rates and charges upon approval of the transfer of the MegaPath
certificate. Any future changes in the rates, terms or conditions of services provided to
affected customers will be undertaken pursuant to their service contracts and/or
applicable federal and state tariffrng requirements.
This Transfer will be effective upon consummation of the Asset Transfer between the
Parties, anticipated toward the end of December 2014. The Parties will notiS the
Commission when the actual transfer takes place.
Enclosed for filing are an original and seven (7) copies the above-referenced Application.
The original copy of the Application is unbound. An electronic copy of this filing has
also been submitted. Please date-stamp the enclosed extra copy and return it in the
envelope provided. Should you have any questions concerning this filing, please do not
hesitate to contact the undersigned.
Respectfully submiffed,
//'$'rrt 'ftJ*L
Russell M. Blau
Jeffiey R. Strenkowski
Counsel for MegaPath Corporation and GC Pivotal, LLC
cc (via e-mail): Grace Seaman ([e-mail])
Bingham tllcCutchen LIP
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