20030521Application.pdf

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ZO03 MAY 19 PM 12: 29
Lance JoMo Steinhart, Po
Attorney At Law
1720 Windward Concourse
Suite 250
Alpharetta, Georgia 30005
ILi\iIU I l).;jLlL
UTILITIES Cn~H1ISSI0N
Also Admitted in New York
and Maryland
Telephone: [phone]
Facsimile: [phone]
May 16, 2003
VIA FEDERAL EXPRESS
Ms. Jean D. Jewell
Idaho Public Utilities Commission
Secretary
472 West Washington Street
Boise, Idaho 83702
Re: Covista, Inc.c;t/( f-J J ~/r
Dear Ms. Jewell:
Enclosed please find for filing an original and three (3) copies of Covista, Inc.'s Application
for a Certificate of Public Convenience and Necessity to Provide Resold and Facilities-Based Local
Exchange telecommunications services within the State of Idaho. The company has no local
exchange customers at this time in the State of Idaho and this is a new filing.
I have also enclosed an extra copy of this letter to be date stamped and returned to me in
the enclosed, self-addressed, postage prepaid envelope. If you have any questions or if I may
provide you with any additional information, please do not hesitate to contact me.
ITh:l
;:~
Charlotte Lacey
Legal Assistant to Lance 1M. Steinhart
Attorney for Covista, Inc.
cc:A. John Leach
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICA nON OF
Covista, Inc.
for a Certificate of Public
Convenience and Necessity to
Provide
Local Exchange Telecommunications
Services Within the
St::tte ofTrlHho
CASE NO. CHI( - 7-~ ~-(r
A PPT leA nON A NT) R EQT JEST FOR AT ITHOR TTY
Application is hereby made to the Idaho Public Utilities Commission for a Certificate of Public
Convenience and Necessity authorizing Covista, Inc.
, ("
Applicant" or "Covista") to provide local
exchange telecommunications services pursuant to Idaho Code Sections 61-526 through -528 and
IDAPA 31.01.01.111 (Rules 111 & 112) as clarified by Procedural Order No. 26665 in Case No.
GNR- T -96-4. The following general information and exhibits are furnished in support thereof:
1.)Applicant's legal name, address of its principal offices and telephone number are:
Covista, Inc.
721 Broad Street, 2nd Floor
Chattanooga, Tennessee 37402
[phone]
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The Applicant has no office located in the State of Idaho. The Applicant intends to provide
resold local exchange services and local services utilizing the UNE-P platform. Such services will
be provided by utilizing the facilities incumbent local exchange carriers ("LECs ), as well as
unbundled network elements..
Applicant is incorporated in the State of New Jersey and is in good standing under the laws of
that state. In addition, the Company is authorized to do business as a foreign corporation in the State
of Idaho.Attached as Exhibit 1 to this Application is a copy of the Company s Articles of
Incorporation, as amended.A copy of Applicant's certificate of authority to transact business in
Idaho is attached hereto as Exhibit 2.
The name and business address of Applicant's registered agent for service in Idaho are:
TCS Corporate Services, Inc.
5527 Kendall Street
Boise, Idaho 83706
The names and addresses of the ten common stockholders of Applicant Owning the Greatest
Number of Shares of Common Stock and the Number of Such Shares Owned by Each are:
Name and
Address
Shares Owned Percentage of All
Shares Issued &
Ont~tHnrlln ~
Percentage
of Voting
Control
Covista Communications, Inc. 420 100%100%
721 Broad Street, 2nd Floor
Chattanooga, Tennessee 37402
The names and addresses of Applicant's Officers and Directors are:
Officer~
A. John Leach President & CEO
Thomas P. Gunning CFO, Treasurer & SecretaryKevin Alward Chief Operating Officer
nirector~
A. John Leach
Kevin Alward
Henry G. Luken
Leon Genet
Jay J. Miller
Donald Jones
W. Thorpe McKenzie
Nicholas Merrick
Each can be reached at Applicant's primary place of business and telephone number as
follows:
Covista, Inc.
721 Broad Street, 2nd Floor
Chattanooga, Tennessee 37402
[phone]
The Name and Address of Any Corporation, Association, or Similar Organization Holding a
5% or Greater Ownership or Management Interest in Applicant are as follows:
See answer to 4. above.
The names and addresses of Subsidiaries Owned or Controlled by Applicant are as follows:
Not applicable.
Applicant initially proposes to offer resold local exchange servIces and local servIces
utilizing the UNE-P platform. Such services will be provided by utilizing the facilities of
incumbent local exchange carriers ("LECs ), as well as unbundled network elements.
Covista intends to provide all forms of local exchange telecommunications services
including:
1. Local Exchange:
Local Exchange Services for business and residence customers that will enable
customers to originate and terminate local calls in the local calling area served by other
LECs.
Switched local exchange services such as flat-rated and measure-rated local services;
vertical services, Direct Inward and Outward Dialed trunks, carrier access, public and
semi-public coin telephone services, and any other switched local services that
currently exist or will exist in the future.
Non-switched local services (e., private line) that currently exist or will exist in the
future.
Centrex and! or Centrex -like services that currently exist or will exist in the future.
Digital subscriber line, ISDN, and other high capacity line services.
Covista seeks authority to provide through its own facilities local exchange servIces
throughout the State. Initially, the company will resell and provide local service utilizing the UNE-
P platform. Applicant's local calling areas initially will coincide with the incumbent local exchange
carrier s local calling areas. Applicant does not intend to service areas serviced by any LECs that are
eligible for a small or rural carrier exemption pursuant to Section 251 of the Federal Telecom Act of
1996. If Covista installs equipment for the provision of local exchange services, it will probably use
the following or a similar configuration of equipment, which is deployed in several other states: It will
provide voice, high speed data and internet access services through a combination of the latest
technology switching and transport media comprised of the Lucent Technology 5 ESS Generic 13
switch, ADSL/SDSL transport and Internet service equipment and the latest Optical multiplexer
DAC's configurations. The switching system consists of a central processing and control complex
capable of interconnection as a peer to the incumbent as well as competitive local exchange
companies. The hub portion of the switch will interconnect with the public switched network on
Signaling System 7 ("SS7") or Feature Group D ("FGD") facilities. The system supports local
number portability, the needs of the service bureau of LNP providers, and has ISDN primary
interface support for call set-up for originations and terminations based on ANSI standards and
offers ISDN implementation. The system s remote module capability will allow properties to be
served in a manner that provides the exchange of appropriate signaling, control and calling/caller
information to the network in accordance with network standards and specifications. Additionally,
these services wil~ be delivered over a combination of delivery mechanisms through incumbent
local carriers' unbundled loop network, both copper and fiber and transport networks, as well as via
constructed facilities. Applicant intends to provide service upon certification and fmalization of
interconnection agreements with theLECs.
Copies of Co vista Communications, Inc. Form 10-K for the year ended January 31 2002 and
Form IO-Q for the period ended October 31 , 2002, are attached hereto as Exhibit 3.
10.A map showing where Applicant is proposing to provide service is attached hereto as Exhibit
11.)A copy of Applicant's illustrative tariff is attached hereto as Exhibit 5. Applicant will file its
proposed tariff establishing its proposed services and charges upon completion of interconnection and
upon receipt of certification by the Commission.
12.Questions concerning this application and Applicant's tariff should be directed to Applicant'
representative:
Lance J.M. Steinhart
1720 Windward Concourse
Suite 250
Alpharetta, Georgia 30005
[phone] (Telephone)
[phone] (Facsimile)
l~teinhHrttfYtelecomconn~el com (E-mail)
Customer Complaints and Inquiries are to be addressed to:
Tony Barrett, VP of Operations
721 Broad Street, 2nd Floor
Chattanooga, Tennessee 37402
[phone]/Phone
[phone]/Fax
thHrretttfYcovi~tH com
13.Applicant has not initiated interconnection or resale negotiations.
14.Applicant has reviewed the laws and regulations of this Commission governing local exchange
telecommunications services in Idaho and will provide service in accordance with all laws, rules and
regulations to the extent they are not preempted by the Federal Act.
15.Applicant will not require advance payments or deposits, therefore, no escrow account is being
filed.
WHEREFORE, Covista, Inc., requests that the Idaho Public Utilities Commission enter an
order granting a Certificate of Public Convenience and Necessity authorizing Covista, Inc., to provide
resold and facilities-based local exchange telecommunications services pursuant to Idaho Code
Sections 61-526 through -528 and IDAPA 31.01.01.111.
2-" cl ("1'V; ~ A.Respectfully submitted this - day of , \VUf 2003.
COVISTA, INC.
CL~, f'1\ ~ad
Lance 1M. teinhart b
. V) Attorney for 'JkU- ~cLCOVIST A, INe.
State of Tennessee
County of Hamil ton
A. John Leach , being first duly sworn, deposes and says that
he/she is the President of Covista, Inc., the Applicant in the
proceeding entitled above, that he/she has read the foregoing
application and knows the contents thereof; that the same are trueof his/her knowledge, except as to matters which are therein
stated on information or belief, and to those matters he believes
them to be true.
Preslden
Subscribed and sworn to before this
2003.
7.1 day of pA.4:;L-
~Jt1LU
&~~
Notary Public
My Commission expires:
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ID CLEC App
LIST OF EXHffiITS
EXHffiIT 1 ARTICLES OF INCORPORATION, AS AMENDED
EXHffiIT 2 CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS
EXHffiIT 3 FINANCIAL INFORMA nON
EXHffiIT 4 SERVICE AREA MAP
EXHffiIT 5 ILLUSTRATIVE TARIFF
GNR- T -03-
COMPLETE APPLICATION
IS IN THE CASE FILE
PAGES NOT SCANABLE