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HomeMy WebLinkAbout20100226Application.pdfLance J.M. Steinhart, P.C. Attorney At Law 20W FEB 26 AM 9: 25 1720 Windward Concourse' ~ Suite 115 ID,I\HC Alpharetta, Georgia 300019TILlTIES Also Admitted in New York and Marland Telephone: (770) 232-9200 Facsimile: (770) 232-9208 Email: Isteiar(?telecomcounseLcom Febru 25,2010 VI OVERNIGHT DELIVRY Ms. Jean D. Jewell Idaho Public Utilities Commssion Secretar 472 West Washington Street Boise, Idaho 83702 Lr. F -I - iO -6 I Re: LifeConnex Telecom, LLC Dear Ms. Jewell: Enclosed please fid for filing an unbound, unstapled and duplexed origial and thee (3) stapled and duplexed copies of LifeConnex Telecom, LLC's Application for a Cerficate of Public Convenience and Necessity to Provide Resold and Facilities-BasedE Local Exchange telecommunications serices within the State of Idaho. The company has no local exchange customers at this tie in the State ofIdaho and this is a new filing. APPLICANT HAS ALSO ENCLOSED ONE (1) COpy ON YELLOW PAPER OFFIANCIA STATEMENTS IN A SEPARTE ENVLOPE MAD "CONFIDENTIA AN PROPRIETARY", AN RESPECTFULLY REQUESTS CONFIDENTIA TREATMENT OF THE ENCLOSED FIANCIA INFORMTION. APPLICANT EXPECTS THAT THIS INFORMTION WILL BE RESTRICTED TO COUNSEL, AGENTS AN EMPLOYEES WHO AR SPECIFICALLY ASSIGNED TO THIS APPLICATION BY THE COMMISSION. I have also enclosed an extra copy of ths letter to be date stamped and retued to me in the enclosed, self addressed, postage prepaid envelope. If you have any questions or if I may provide you with additional information, please do not hesitate to contact me. Respectfully submitted, . . Steinar Attorney for LifeConnex Telecom, LLC cc: Edward Heard BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION r'¡...,I.f- t t -r t: l ~! ) ) ) ) ) ) ) ) ) ZUfO FEB 26 AM 9: 25 IN THE MATTER OF THE APPLICATION OF LifeConnex Telecom, LLC for a Certcate of Public Convenience and Necessity to Provide Local Exchange Telecommuncations Servces Withi the State of Idaho CASE NO. L-rF -=- io.-Of APPLICATION AN REQUEST FOR AUTHORIY Application is hereby made to the Idaho Public Utilities Commssion for a Certficate of Public Convenience and Necessity authorizig LifeConnex Telecm, LLC, ("Applicant" or "LifeConnex") to provide local exchange telecommuncations serces puruat to Idaho Code Sections 61-526 though -528 and IDAP A 31.01.01.111 (Ru1es 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.) Applicat's legal name, address of its pricipal offces and telephone number are: LifeConnex Telecom, LLC 13700 Perdido Key Drive, Unit 222 Pensacola, Florida 32507 (866) 744-0949 i The Applicat has no offce located in the State of Idaho. The Applicant intends to provide resold and facilities-based loca exchange serce utilizing unbundled network elements, or the equivalent thereof. Such serices wil be provided by utilizing the facilities incumbent local exchange carers ("LECs"). 2.) Applicant is incorprated in the State of Florida and is in good stading under the laws of that state. In addition, the Company is authorized to do business as a foreign LifeConnex in the State of Idaho. Attched as Exhbit 1 to ths Application is a copy of the Company's Arcles of Organzation. A copy of Applicant's cerficate of authority to transact business in Idaho is attached hereto as Exhbit 2. 3.) The name and business address of Applicat's registered agent for serce in Idaho are: Incorp Serces, Inc. 921 S. Orchard Street, Suite G Boise, Idaho 83705 2 4.) The names and addresses of the ten common stockholders 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 Percentage of All Shares Issued & Outstading Percentage of Votig Control Lifeconnex Acquisition Group, LLC N/A 100%100% Address: All of the shareholder can be reached though the company at the address listed in 1.) above. 3 5.) The names, addresses and ownership of Applicant's Offcer and Directors are: Offcers: Thomas E. Biddix, Manager Edward Heard, General Manager Directors: None Each can be reached at Applicant's priar place of business and telephone number as follows: LifeConnex Telecom, LLC 13700 Perdido Key Drive, Unit 222 Pensacola, Florida 32507 (866) 7440949 6.) The Name and Addrss of Any Corpration, Association, or Similar Organzation Holding a 5% or Greater Owerhip or Management Interest in Applicant are as follows: See answer to 4. above. 7.) The names and addresses of Subsidiares Owned or Controlled by Applicant are as follows: Not applicable. 8.) Applicant intially proposes to provide resold local exchange serices and to purchase unbundled network elements provided by existig LECs: Qwest Nort Qwest South, and Verizon. 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 utilized has yet to be determned. Applicant seeks authority to provide all forms of intrastate local exchange and interexchange telecommuncations services including: 4 1. Interexchange (switched and dedicated serces): A. 1 + and 10 1XX outbound dialing; B. 800/888 toll-free inbound dialing; C. Prepaid and Postpaid callig cads; D. Directory Assistance; and E. Frame Relay and other data serces. 2. Local Exchange: A. Local Exchange Servces that wil enable customers to originate and terinate local calls in the local calling area served by other LECs, includig local dial tone and custom caling featues. B. Switched local exchange serces such as flat-rated and measure-rated local serces; vercal servces, Direct Inward and Outward Dialed tr, caer access, public and semi-public coin telephone. serces, and any other switched local serces that curently exist or will exist in the futue. C. Non-switched local serces (e.g., private line) that curently exist or wil exist in the futue. D. Centrex and/or Centrex-like serces that curently exist or will exist in the future. E. Digital subscrber line, ISDN, and other high capacity line servces. Applicant seeks authority to resell and provide facilties-basedE interexchange and local exchange servces initially thoughout the State where provided by incumbent LECs, however, Applicant does not intend to service areas serced by any LECs which are eligible for a small or rual carer exemption puruat to Section 251 of the Federal Telecom Act of 1996. 5 Copies of Applicant's Balance Sheet and Profit & Loss Statement as of October 31, 2009, Exhbit 3, are being filed in a separately seaed envelope marked "Confdential and Proprietary". 10.) A map showig where Applicat is proposing to provide serce is attched hereto as Exhbit 4. 11.) A copy of Applicant's ilustrtive taff is attached hereto as Exhbit 5. Applicant wil file its proposed taff establishig its proposed servces and charges upon completion of interconnection and upon receipt of certification by the Commssion. 12.) Questions concerg ths application and Applicat's tarff shou1d be directed to Applicant's representative: Lance J.M. Steinar Lance J.M. Steinar P.C. 1720 Windward Concourse Suite 115 Alpharett Georgia 30005 (770) 232-9200 (Telephone) (770) 232-9208 (Facsime) Isteinar(itelecmcouneLcom (Email) Customer Complaints and Inquires are to be addressed to: Edward Heard 13700 Perdido Key Drive, Unit 222 Pensacola, Florida 32507 (866) 744-0949 (Customer Serice) 6 13.) Applicant has not intiated interconnection or resale negotiations. 14.) Applicant has reviewed the laws and regulations of ths Commssion governg local exchange telecommuncations serices 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.) Applicant wil not require advance payments or deposits, therefore, no escrow accunt is being filed. WHEREFORE, LifeConnex Telecom, LLC, requests that the Idaho Public Utilities Commission enter an order grantig a Certficate of Public Convenence and Necessity authorizing LifeConnex Telecom, LLC, to provide resold and facilities-based/E local exchange telecommuncations serces puruat to Idaho Code Sections 61-526 though -528 and IDAP A 31.01.01.111. Resly sumitted imÇ-:yof fC~ n.l:Z ' 2010. LIFECO X TE LC By: ance J.M. Steinar Làlce J.M. Steinhar, P.C. 1720 Windward Concourse Suite 115 Alpharetta, Georgia 30005 Telephone: 770/232-9200 Facsimile: 770/232-9208 Email: Isteinhar(?telecomcounse1.com Attorney for LIFECONNEX TELECOM, LLC 7 13.) Applicant ha not intiated interconnection or resale negotiations. 14.) Applicant has reviewed the laws and regulations of ths Commission goverg local exchange telecommuncations serces in Idaho and wil provide serce in accordance with all laws, rues and reguations to the extent they are not preempted by the Federal Act. 15.) Applicant wil not require advance payments or deposits, therefore, no escrow account is being filed. WHEREFORE, LifeConnex Telecom, LLC, requests that the Idaho Public Utilities Commssion enter an order granting a Cerificate of Public Convenience and Necessity authorizing LifeConnex Telecom, LLC, to provide resold and facilities-based local exchange telecommuncations servces pursuat to Idao Code Sections 61-526 though -528 and IDAPA 31.01.01.11 1... Resectfy sumitt th~ç-:y of tc~ riA) , 2010. LIFECO X TE LC By: ce J.M. Steinar Lance J.M. Steinhar, P.C. 1720 Windward Concourse Suite 115 Alpharetta, Georgia 30005 Telephone: 770/232-9200 Facsimile: 770/232-9208 Email: Isteinhar(?telecomcounse1.com Attorney for LIFECONNEX TELECOM, LLC 7 EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 LIST OF EXHIBITS ARTICLES OF ORGANTION CERTIFICATE OF AUTORI TO TRSACT BUSINSS FINANCIA INORMTION SERVICE ARA MA ILLUSTRATIV TARF 8 EXHIBIT I - ARTICLES OF ORGANATION 9 Electronic Articles of OrganizationForFlorida Limited Liability Company Article I The name ofthe Limite Liabilty Company is: SWIFTEL, LLC ~l~eBOÆ~OR~August 18, 2006Sec. Of Státegmcleod Article II The street address of the pricipal offce of the Limted Liabilty Company is: 385 EAST DRIVE WEST MELBOURNE, FL. 32904 The mailing address of the Limited Liability Company is: 385 EAST DRIVE WEST MELBOURE, FL. 32904 Article III The purose for which ths Limited Liabilty Company is organed is: ANY AND ALL LAWF BUSINESS. Article iv The name and Florida street address of the registered agent is: THOMAS BIDDIX 385 EAST DRIVE WEST MELBOURE, FL. 32904 Having been naed as registered agent and to accept servce of process for the above state limited liability company at the place designated in this certficate, I hereby acept the appointment as registered agent and agree to act in this capacity. I furter agr to comply with the provisions of all statutes relatig to the proper and complete performance of my duties, and I am familar with and accept the obligations of my position as registered agent. Registered Agent Signatue: THOMAS BIDDIX Article V The nae and address of maagi membermagers are: Title: MGR THOMAS BIDDIX 385 EAST DRIVE WEST MELBOURE, FL. 32904 Article VI The effective date for this Limted Liabilty Company shall be: 08/15/2006 Signatue of member or an authorized representative of a member Signature: ANGIE FRANCO L06000082007FILED 8:00 AMAugust 18, 2006Sec. Of Státegmcleod . ;... ARTICLES OF AMNDMENT TO . ARTICLESOFORGANATION OF .5L. i 1::E1pn L, e- ( tName) (A Florida Limte Liabilty Copany) FI: The Articles of Orizon wer filed on~' ióOCt doumen numbe L.OCø oc;'i;; 00:7 an asigned SECOND: This amendment is submit1 to amend the following: ''' Lea. s. PiDD la:fb:t Sot-"" :i -. artcJc. or oy=~ iia b Q" o. \ll~P ~ I It .. 'b:;residat (ld maJltl~"X, ~t ~fL Ap"IP u. EraV1t.û O1n'(l~.."~ r\~~ ~ th :.-iiCl 1.t11td I soz. D' ù(\", . ' OJ. f# r-(./),~~orl' " tz~ '%~i:P'::.. I r 5:rn..., e 't."" 0N Date_~U~ Z1 . ..leoCl ~~J~ 8::: 1 e. fý o. coTyêd or prntê name of signee FiIiDg Fee: $2.00 " .' .ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF Swlfte\, LLC (Name of the lJitã~.~YAS It ~0'W aport" on oiir reord.l on a imit lãDility ompany The Aricles of Orgaiztion for this Limite Liabilty Company were fied on August 18, 2006 Florida docuent number L06000082007 and assigned This amendment is submitted to amend the followig: A. If amending name, enter the new Dame of the Unuted liabilty company here: L1feConnex Telecom, LLC The new name must be distinguishable and end with the words "limited Liabilty Company," the deigniM "LLC" or the abbr~jation~C ~o ",.:,-.c. .'~l"l :: '~r::;~ .: i 0. :0. "1.I" . .. Enter new pricipal offces address, if appUcable: fPrlncifl offce address MOST BE A STREETADDRESS ,.-: , r~.l...._..--.... .Enter new mailng address, if applicable: (lailing address MAY BE A POST OFFICE BOx) ..:0 ...,OJ1 B. If amending tbe registered agent and/or regitered offce address on our records, enter the name of the new registered agent and/or tbenew regstered offce address here: Name of New Regitere Agent: New Regige Office Addrs: (Enter Florida streei address) . Florida (Zip Code)(City) ~ew Register Agent's SlgD.lure ifch.nelDg Regered Aget; I hereby accepl the appointment as registered agent and agree to act in thIs capacity. I further agree to comply wIth the provisions of all statutes relative to the proper and complete perfrmance of my duties. and I am familar wil/i and accept ihe obligations of my position as registered agent as provided for in Chapter 608, F.S. Or, if this document is beingfiled to merely reflect a change in the registered offce address, I hereby confirm that the limited liabilty company has been notifed in 'writng of this change. (If Changing Regsteed Agent. SInature gf New Regstred A1!nt) Page i of2 If amending the Managers or l\anagog Members on our.reords, enter the title, name and address of each Manager · .. 01' Managing Member being added or reoved from our reords: MGR'" Manager MGRM .. Managing Member !t Name Address Typ of Action i: Add a Reove o Add o Remove ii Add (J Remove CJ Add i: Remove (lAdd ClRemove ClAdd o Remove D. If amending any other information, enter change(s) here: (Attach additional sheets. ifnecessary.) Yli/" 9 m_or:m..~m~"6~ ~~~~~eofsr1 Jc (4tn¡ PageZofZ Filing Fee: $25.00 Dated 11 ,f . ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF L1FECONNEX TELECOM LLC (Name ortbe Um'tel\ltie~ it &W íÖ,rs fln our reoijs.)( on 1m 18 lIll)' mpay The Articles of Organizaion for this Limite Liabilty Compay we fied on AUGUST 18, 2006 and asIgned Florida document numbe L0600062007 This amendment is submitted to amend the following: A. If amcJ'ding name, enter the new name of the limited Iiábllty company here: The new name must be distinguishable and end with the words '~Limiicd Liabilty Company," the designation "LLC" or the abbreiation "L.L.C:' Enter new principal offces addrelhpplicable: (Principal offce addres MUST BE A STREETADDRES 13700 PERDIDO KEY DRIVE UNITB22 PERDIDO KEY, FL 32057 Entef new mailng address, ¡fapplicable: (Mailing addres.f MA r BE A POST OFFICE BOx) 13700 PERDIDO KEY DRIVE UNITB222 PERDIDO KEY, FL 32057 B. If amending the reistered agent and/or reistered offce address on our records, enter the name of tbe new registered agent and/of t.e new registered offlSe addres bere: ;;U) .0'..,.: CDFe'- C::~. M:i1": n"':"~;' I Enter Florida street address ~; S. Wrr-t..ric. :p. Florida 'D -r, :xZifi1! ~ :r:; U1õr~ ç'.)J I hereby accept the uppoilfimelf U$ registered agent amI tlgree to acl in this capacity. I further agree 10 comply wiih tht: pmvisions of all statutes relative to ihe proper and complete perflrnial1Ce of my duties, and I am familur with and accept the obligations of my pO.fitiOlI a.t; registered age"t as provided for iii Chupter 608, F.S. Or, if this documel1 is being filed 10 mere~v reflect a change iii the regisiered rJjce addre.v.t;. I hereby confrm tha/ihe limiied liabilty (:ompuiiy hu.v be!!11 t/oiifed iii wriiing of ihi.f change. Name of New Registered Anen!: Ci(i' iir illo New Registere Offce Address: New Registere Ann!,' Signature. If cbiiiiging Relsttre Agent: ir Chliii;iøi; Reclstcred "i;ent, Signa iure orNew Rsgistcrt Å!!iU Page I on . . - ., . I . " 'f mncndink the Managers or Managing Membe OI our rerds, enter the tite. name. and addres of each Manager . .' or Managing Member being added or removed from our records: MGR = Manager MGRM = Managing Member Title Name Address TYP of Action MGR ANGIE WATSON 612 CLUBHOUSE TERRACE PENSACOLA. Fl32507 o Add om Remove MGR LEONARD SOLT 3313 RUSSET PLACE LAND 0 LAKE FL 32639 o Add 0& Remove MGR LlFECONNEX ACQUISITION GROUP, LLC om Add 160 GREEtfREE DRIVE SUITE 101 (j Remove DOVER. pE 19904 o Add o Remove DAdd DRemve OAdd DRemve D. if amending any other informatioii, enter ehange(.) here: (Allacli addilmiol sheets. ifnecuJ.'Ory.) Page 2 of2 Filng Fee: 525.00 ;; (f .0:,...1 (Ør-c- 0¡, :i': 1" :x rr: ('i; -!(J?" J'(~~. (" ,.~o :I..-"1 :r 1-""" ëo..0_,:i:¡. U1 a.' ;J i; tTl rl-rmo EXHIBIT 2 - CERTIFICATE OF AUTHORI TO TRSACT BUSINSS 10 . ...~ 253 FILED EFFECTIVE APPLICATION FOR CERTIFICATE OF AUTHORITY FOR FOREIGN LIMITED LIABILITY COMPANY (Instructions on back of application) 1. The name of the limited liabilty company Is: L1FECONNEX TELECOM, LLC 09::-00f:;;iJi3:""::.lf_~ SECRETABYf)È-~~sriA:rAF- .J~Æ~ ._-Qi;~i 'SI"'lttii.tg~..~¡ - i ! 2. If the name of the limited liabilty company is not permissible or is not available in Idaho, the name the foreign limited Iiabllty company will use in Idaho is: Florida 3. The jurisdiction under whose laws the limited liabilty company is formed is: ,. 4. The name and complete street address of the registered agent in _Idaho is: Incorp Services. Inc. 921 S. Orchard Street, Suite G. Boise. 10 83705 5. The street and mailng address of the limited liabilty company's principal office In Idaho is: Streët Address Mailing Address, if different 6. The street and mailng addresses of the limited lJabllty company's offce in the jurisdiction under whose laws it is organized is: 13700 Perdido Key Drive, Unit 8222, Perdido Key, Fl32507 Street Address MaIling Address. If diferent ....7. The name and mailng address of at least one member or manager: 13700 Perdido Key Drive, Unit B222, Perdido Key, Florida 32507 8. i ~ :11 ~ = l Christopher s. Watson Typed Name SeCtetaiy of State use only IDAHO SECRETARY OF STATE10/13/2009 05: 00 CK: 2309 CT: 241324 BH: 11'30788 1 l 100.00 = 100.0e REGFORGLLC ü 2 wi '1(P 13 EXHffIT 3 - FINANCIA INORMTION FILED AS CONFIENTIA AN PROPRIETARY 11 EXHIT 4 - SERVICE ARA MA LEGEND ..- . .;"~ Gns.I'~ ~ Us:\'\~~ANá ~ IJ s:Wi~i: ~~~ 12