20091228Application.pdf

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HELEIN &: MARASHLIAN, LLC
1420 Spring Hil Road
Suite 205
McLean, Virginia 22102
Telephone: (703) 7l4~1300
Facsimie: (703) 714~1330
E~mail: mail(gCommLawGroup.com
Website: ww.CommLawGroup.com
Writer's Direct Dial Number
703-714-1319
Writer's E-mail Address
m¡xcomnwgroup.com
December 18, 2009
VIA OVERNIGHT COURIER
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise,ID 83702
;vßGr- 't-oCj -6 (
Re: MBC Telecom LLC
Application for Certifcate of Public Convenience and Necessity
Dear Ms. Jewell:
On behalf of MBC Telecom LLC ("MBC"), transmitted herewith are an original and
three (3) copies of MBC's Application for a Certificate of Public Convenience and Necessity to
Provide Local Exchange Services within the State of Idaho. The Company has no local
exchange customers at this time in the State of Idaho; this is a new filing.
An additional copy of this transmittal letter is also enclosed, to be date-stamped and
returned in the postage prepaid envelope provided.
Should there be any questions regarding this fiing, kindly contact the undersigned.
neCtfllY submitt ,Mic1\ue
Regulatory Counsel
Enclosures
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION lOGS DEC 2 I AM 9: 18
In the Matter of
Petition of MBC Telecom LLC for a
Certificate of Public Convenience and
Necessity to Offer Resold and Facilities-Based
Local Exchange Telecommunications Services
Within the State of Idaho
)
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Docket No. MßC..-ò9 -01
APPLICATION OF MBC TELECOM LLC
FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Application is hereby made to the Idaho Public Utilties Commission for a Certificate of
Public Convenience and Necessity authorizing MBC Telecom LLC ("MBC") or II Applicant") 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 information and exhbits are furnished in
support of this Application:
i. Proposed Services
By this Application, MBC Telecom LLC ("MBC" of II Applicant")) seeks authority to
allow the company to offer resold and/or facilities-based (leased) competitive local exchange
telecommunications services. Applicant seeks authority to provide these services in Idaho
exchanges currently served by Qwest and Verizon. Applicant proposes to offer local exchange
and exchange access services, including origination and termination services, for retail and
wholesale customers.
MBC has not previously provided services in the State of Idaho. Applicant is authorized
to provide local exchange telecommunications services in the State of Washington. In addition,
Applicant presently has pending or expects to file in the near future applications for authority
to provide local exchange services in Colorado, Florida, Oregon, Minnesota, Montana, and
Texas.
Applicant currently plans to provide resold and facilities-based services through the use
of facilities purchased from other carriers, and does not have plans to build facilities in Idaho
now or in the future. Applicant's future plans to build facilties in Idaho wil be depend upon
the market and the service requests of its customers and therefore such locations have not been
fully finalized. As Applicant's operations and customer base grows, Applicant may deploy
facilities where it makes operational and economic sense to do so. Applicant, intends, however,
to collocate switching, signaling systems and other equipment of ILEC and non-ILEC
collocation facilities, and to lease capacity on fiber circuits from other carrers.
Applicant wil market its services through a combination of its website, direct marketing
and other communications to existing and prospective customers.
II. Form of Business
1. Name, Address and Form of Business
MBC Telecom LLC
297 Kingsbury Grade
Suite D, Box 4470
Stateline, Nevada 89449
Limited Liabilty Company
The Commission should direct all inquiries and correspondence with respect to this
Application to:
Michael P. Donahue
Helein & Marashlian, LLC
The CommLaw Group
1420 Spring Hil Road, Suite 205
McLean, Virginia 22102
Telephone: [phone]
Facsimile: [phone]
E-mail: mpd(ßcommlawgroup.com
Regulatory Counsel for MBC.
With a copy to:
Jed Stafford, President
297 Kingsbury Grade
Suite D, Box 4470
Stateline, Nevada 89449-4470
Telephone: [phone]
Facsimile: [phone]
E-mail: jeds(ßmbccom.com
a. If the applicant is the sole proprietor,
(1) the name and business address of the applicant, and
(2) the business name of the sole proprietorship.
b. If the applicant is a partnership,
(1) a list of the names and business addresses of all the partners, and
(2) the business name of the partnership.
c. If the applicant is a corporation/limited liabilty company,
(1) a short statement of the character of public service in which it may engage,
MBC is a limited liabilty company organized under the laws of the state
of Nevada. MBC is registered as a foreign corporation with the Idaho Secretary
of State and is in good standing. MBC wil provide local exchange and exchange
access services, including origination and termination services, for retail and
wholesale customers.
(2) the name of the state in which it is organized,
MBC is a limited liabilty company organized under the laws of the state
of Nevada.
(3) its principal business address and its pricipal business address within
Idaho,
MBC's principal place of business is 297 Kigsbury Grade, Suite D, Box
4470, Stateline, Nevada 89449-4470. MBC's toll-free phone number is 1-800-380-
5080. MBC has no business office in the state of Idaho.
(4) a certified copy of its articles of organization,
A certified copy of Applicant's Artcles of Organization from the Nevada
Secretary of State is attached as Exhibit 1.
(5) if not incorporated in Idaho, a certificate of good standing issued by the
Idaho Secretary of State of Idaho, and
MBC's current Certificate of Authority from the Idaho Secretary of State
is attached as Exhibit 2.
(6) name and address of registered agent for service in Idaho.
InCorp Services, Inc.
921 S. Orchard Street, Suite 6
Boise, ID 83705
2. If a corporation/limited liabilty company, the names and addresses of the ten
owners with the greatest ownership interest and the percentage of ownership, as
follows:
Name and Address Percentage of
Ownership
Percentage
of Votig
Control
Telecom Holdings, LLC
297 Kingsbury Grade
Suite D, Box 4470
Stateline, NV 89449-4470
100%100%
3. Names and addresses of the Managers and/or Members of Applicant.
Name Position Address
SEGUROS S.A.Manager Seefeldstrasse 69 CH-8008 Zürich, Switzerland
4. Name and address of any corporation, association, or similar organization holding a
5% or greater ownership or a management interest in the applicant. As to ownership,
the amount and character of the interest must be indicated. A copy of any
management agreement must be attached.
Name and Address Percentage of
Ownership
Percentage
of Voting
Control
Telecom Holdings, LLC
297 Kingsbury Grade
Suite D, Box 4470
Stateline, NV 89449-4470
100%100%
5.Names and addresses of subsidiaries owned or controlled by applicant.
MBC has no subsidiaries or affiliated interests.
III. Telecommunication Servce
1. The date on which applicant proposes to begin construction or anticipates it wil
begin to provide service.
MBC wil not construct any facilities in Idaho. MBC proposes to begin
providing service in Idaho as soon as practicable following approval of this
application and grant of authority to provide service.
2. A written description of customer classes and customer service ( s) that the applicant
proposes to offer to the public
MBC seeks authority to allow the company to offer resold and leased
competitive local exchange telecommunications services. Applicant seeks authority
to provide these services in Idaho exchanges currently served by Qwest Corporation
and Verizon Northwest, Inc. MBC wil offer local exchange services, including
origination and termination services to retail and wholesale customers.
IV. Service Territory
1. A description sufficient for determing whether service is to be offered in a
particular location; and the names of all incumbent local exchange corporations with
whom the proposed utility is likely to compete.
Applicant seeks authority to provide services in Idaho exchanges currently
served by Qwest.
2. Written description of the intended maner of service, for example, resold services
or facilities based. A general description of the property owned or controlled by
applicant.
Applicant intends to provide services through resale and the use of facilities
purchased from other carriers. Applicant does not anticipate installing physical
plant at ths time or in the near future. As the market for its services and business
plans dictate, however, MBC may eventually lease or deploy its own switches within
existing carrier hotels or other leased premises. No physical construction of fiber
optic or copper cables is anticipated, now or in the future.
3. A statement describing with whom the applicant is likely to compete.
Applicant's local exchange services wil be sold in competition with Qwest,
AT&T, and other non-rural incumbent LECs and CLECs currently providing
services in Idaho.
4. A description of the property owned by the applicant clarifies the applicant's
proposed services and operation.
Applicant does not anticipate installing physical plant at this time or in the
near future. As the market for its services and business plans dictate, however, MBC
may eventually lease or deploy its own switches within existig carrier hotels or
other leased premises. No physical construction of fiber optic or copper cables is
anticipated, now or in the future.
V. Financial Information
1. Current detailed balance sheets, including a detailed income and profit and loss
statements of applicant reflecting current and prior year balances for the twelve
months ended as of the date of the balance sheet, or if not readily available, for the
period since the close of the preceding calendar year.
MBC has substantial fiancial wherewithal and access to ample capital. See
Exhibit 3. Applicant is a new entrant, and therefore, does not have historical
financial statements. Exhibit 3 includes Applicant's current, unaudited financial
statements and revenue projections for the first eight months of operations. This
information demonstrates that Applicant has access to sufficient cash and more than
adequate financial resources to provide competitive local exchange
telecommunications services in the State of Idaho.
2. If a balance sheet and income statement are not available, the applicant must submit
financial data sufficient to establish that it possesses adequate fiancial resources to
provide the proposed services.
See Exhibit 3.
VI. "Illustrative" Tariff Filngs
Proposed initial tariff and price sheets setting forth rates, rules, terms, and regulations
applicable to the contemplated service.
MBC's proposed Idaho Local Exchange Tariff No.1 is attached hereto at Exhibit 4.
VII. Customer contacts
1. Contact information for the Applicant.
a) The name, address, and telephone number and electronic mailng addresses (if
available) of the person(s) responsible for consumer inquiries and complaints
from the public.
Jed Stafford, President
297 Kingsbury Grade
Suite D, Box 4470
Stateline, Nevada 89449-4470
Tel: [phone]
Email: jeds(ßmbctelecom.com
b) A toll-free number for customer inquiries and complaints.
Toll-Free Business Customers:
800-380-5080
Toll-Free Residential Customers:
800-380-5080
c) The name, number and electronic mailng addresses (if available) of the person(s)
designated as a contact for the Commission Staff for resolving complaints,
inquiries and matters concerning rates and price lists or tariffs.
Jed Stafford
800-380-5080
jeds(ßmbccom.com
VIII. Interconnection Agreements
1. Statements of whether the applicant has initiated interconnection negotiations and, if
so, when and with whom.
Applicant is not presently engaged in interconnection negotiations with any
incumbent LECs, such as Qwest. Applicant anticipates initiating interconnection
negotiations with Qwest Corporation and Verizon Northwest, Inc. following
submission of ths Application.
IX. Compliance with Commission Rules
A written statement that the applicant has reviewed all of the Commission rules and
agrees to comply with them, or a request for waiver of those rules believed to be
inapplicable.
Attached as Exhibit 5.
X. Escrow Account or Security Bond
1. If a company requires advance deposits by its customers, the company must submit
a signed copy of an escrow account with a bonded escrow agent or a security bond.
The escrow or bond shall be sufficient to meet customer deposit refunds in case of
company default.
Applicant does not require advance deposits from its customers.
2. At the Commission's discretion, an additional deposit may be required to keep
customers whole in case of company default.
3. The Commission wil review the individual requirement of establishing an escrow or
security account by the Company upon good showing by the Company for a period
of two years.
WHORE, MBC Telecm LLC, requests tht the Idaho Public Utities
Commssion enter an order granti a Certcate of Public Convenence and Necsity
authoriing MBC Telecom, LLC, to provide reold and facities-based loc exche
telecmmuncations seræs puruant to Idaho Code Seons 61-526 though -528 and
IDAP A 31.01.01.111.
Respectfy submitted, th J.\lay of J)'f c."~!c
MBC TELECOM LLC
,200.
By:
hael . Donahue
Helei & Marashlan, LLC
The CommLaw Group
1420 Spring Hi Road, Suite 205
McLean, Vira 22102
Telephone: [phone]
Facsime: [phone]
E-ma: mpd(gcommlawgroup.com
Reguatory Counel for MBC Telecom LLC
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
ExhibitS
VERIFICA nON
INEX OF EXHffIT
Certfied Articles of Organization
Certficate of Good Standing
Issued by the Idaho Secretar of State
Financial Information
Tarff Filng
Affdavit of Compliance with
Commission Rules
EXHIBIT 1
Articles of Organization
ROSSMIL.LER
Secretary of State
20 Nor Carson Strt
caon City l Nevada 89701-4299
[phone]Website: ww.nvsos.gov
Filed in the offce of Doument Number20090052687.89,~~
Ross Miller
Secreta of State
State of Nevada
Articles of Organization
Limited-Liability Company
(PURSUAN TO NRS CHAPTER 86)
Filing Date and Time
01/22/200912:54 PM
Entity Number
E0032432009.2
USE SL,K INK ()I.Y . DOilPT HILIHT
1. Namtpf Limit.
Liabilit Copany:
(muicoalnapove MBC Telecom LLClíllbili cowodil:seln)
A2...Rl9tisfì reSs. .ic rv.'.... eomerciIReisd..Ag.nt .Nevada Corporation Services Ltd9en , or rv Ji.... . .ofP. . ~~..... .... FO8$: (cl 0 Noncorc RegtéiedAg~1
on on bo (name and adre,.below)
ASOV& SPAÇJ IS FO 0f0S0N y
ÇhlC bo 1f ase Li.Uaty COo
DB o Offce or Posìton wÎth Enti(na~ and adress be
Name or NorclalRela_ec Ag OR Nam of nUeof 0t Of Other Poson Wi Ertl
NevadaStt Ad"ss Cit Zip Co
Neva
Mail Adre(ifdi fnmslrii8$$) Cìly ZI Co
3. Dlesolutlon
Date: (opt)
4. Management:(reli)
S.NameandAddre of eah
Manager or
Managing Member.
(alí adl pag ifmQthn3)
Late$t d. upon whlçh th compy is to dìssolv(if exisnc is not petual):
CQmpanYshall.~..manag.by:
1) SILVER STATE MANAGEMENT SERVICES LLC'NaPO Box 6957 StatelineStAd Cít
2)
NV
State
8949-957ZipCc
Na
Stt Adas
3)
Cít SleZiÇo
Name
Steet Ad
6. Name, Addre
and Signature of
Organizer: (al
additonal pae if more
lt 1 orgal')
7. Certcate of
Acceptance of
Appolntment of
Registered Agent:
Nevada Corporation Services Ltd
Name
423'1 Dant Blvd.NV 89509-7020
CO
112212009
"llllalf of Relstere Agent Entit Date
This fO most beaccompariled by approp,/ate fees.Neliata5eiy of Stale NilS 86 DlLC Ar.
1le' en 7.1.08
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CERTIFICATE OF EXISTENCE
WITH STATUS IN GOOD STANDING
I, ROSS MILLER, the duly elected and qualified Nevada Secretary of State, do hereby certify
that I am, by the laws of said State, the custodian of the records relating to fiings by
corporations, non-profit corporations, corporation soles, limited-liability companies, limited
partnerships, limited-liability parterships and business trsts pursuant to Title 7 of the Nevada
Revised Statutes which are either presently in a status of good standing or were in good standing
for a time period subsequent of 1976 and am the proper offcer to execute this certificate.
I further certify that the records of the Nevada Secretary of State, at the date of this certificate,
evidence, MBC TELECOM LLC, as a limited liability company duly organized under the laws
of Nevada and existing under and by virte of the laws of the State of Nevada since January 22,
2009, and is in good standing in this state.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the Great Seal of State, at my
office on November 25,2009.~:; ~
ROSSMILLER
Secretary of State
Electronic Certificate
Certificate Number: C20091125-0413
You may verify this electronic certificate
online at http://ww.nvsos.gov/
:
EXHIBIT 2
Certificate of Good Standing
Issued by the Idaho Secretary of State
2
IDSOS CERTIFICATE OF EXISTENCE Page I of I
State of Idaho
¡¡Office of the Secretary of statell
CERTIFICATE OF EXISTENCE
OF
MBC TELECOM LLC
File Number W -88599
I, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that I am the custodian of
the limited liability company records of this State.
I FURTHER CERTIFY That the records of this offce show that the above-named limited liability
company was organized under the laws ofNEV ADA and filed an application for registration of foreign
limited liability company in Idaho on 11/27/2009.
I FURTHER CERTIFY That the limited liability company's registration has not been canceled.
Dated: 12/18/20097:29 AM fl ~
SECRETARY OF STATE
Authentic Access Idaho Document (htw;/Lw~w.ay_ç~~i4aho.orgLpllblic/p~rtal/alltbenticate.html )
Tag: b5ae5f5ffSd7 408716fccfl b5bde558dda96d8d4 ff589f4180076bbc976466efOa2797 d77 5525ec
https://www.accessidaho.org/secure/sos/corp/cert.html 12/18/2009
FILED EFFECTIVE
253
APPLICATION FOR CERTIFICATE
OF AUTHORITY FOR FOREIGN
LIMITED LIABILITY COMPANY
(Instctions on back of application)
1. The name of the limited liabilty company Is:
MBC Telecom LLC
09 NOV 27 AN 10: DB
SECRE LsHY OF STAT
STATE OF IDAHO
...../.
2. If the name of the limited liabilty company is not permissble or is not available in Idaho. the
name the foreign limited liabilit company wil use in Idaho is:
3. The jurisdicton under whose laws the limited liabilty company is formed is: Nevada
4. The name and complete steet address of the registered agent in Idaho is:
InCop Service. Inc. 921 S. Orchrd St. Suite G. Boise, 10 83705
,
5. The stret and mailng address of the limited liability company's principal offce is:
297 Kingsry Grae. Suit D. Stateline. Nevada 899
St Addss
MB Ad H atñl
6. The street and mailng address of the limited liabilty company's offce in the jurisiction
under whose laws it Is organized Is:
297 Kingsbury Grade, Suite D. Stateine, Nev 89449St Ad
I
i.
I
Me Ad$8. if dì
7. The name and mailng address of at least one member or manager:
Telecm Holdings. LLC 297 Kingur Grade, Suite 0, Staine, NV 8949
8. The mailng address forfuture corespndence:
297 Kings Gra Suite O. Sttene, Neva 8949
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CERTIFICATE OF EXISTENCE
WITH STATUS IN GOOD STANING
I, ROSS MILLER~ the duly elected and qualified Nevada Secreta of State, do hereby certify
that I am, by the laws of said State, the custodia of the records relating to filings by
corporations, non-profit corporations; corporation soles, limited-liabilty companies, limited
parterships, limited-liabilty parerships and business trsts puruant to Title 7 of
the Nevad
Revised Statutes which ar either presently in a statu of good standing or were in good standing
for a time penod subsequent of 1976 and am the proper offcer to execute this certficate.
I further certify that the records of the Nevada Secretary of State, at the date of this certificate,
evidence, MBC TELECOM LLC, as a limited liabilty company duly organized under the laws
of Nevada and existing under and by virte of the laws of the State of Nevada since January 22,
2009, and is in good standing in this state.
IN WITNESS WHEREOF, I have hereunto set my
hand and affxed the Great Seal of State, at my
offce on November 25, 2009.,¿; ~
ROSSMILLER
Secretary of State
Electronic Certficate
Certificate Number: C20091125-0413
You may verify this electronic certifcate
online at http://w.nvsos.gov/
EXHIBIT 3
Financial Information
3
ASSETS LIABILITIES
Cash in Bank $28,800.62 SalarieslWages Payable $7,000.00
Notes Receivable $Accounts Payable $15,063.13
Accounts Receivable $24,733.55 Notes Payable $
Investments $Mortgages Payable $
Other Current Assets $Contracts and Bonds Payable $
Prepaid Expenses $2,850.00 TOTAL LIABILITIES $
Land and Buildings $NET WORTH
Offce Furniture $Common Stock $
Other Equipment $150,000.00 Retained Earnings $
Other Assets $Capital $
TOTAL ASSETS $206,384.17 TOTAL LIABILITIES AND NET $22,063.13WORTH
BALANCE SHEET
EXHIBIT 5
Affidavit of Compliance with Commission Rules
5
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EXHBITS
AFAVI OF COMPLIANCE WI TH
RULES OF TH STATE OF IDAHO
HECE
2U09 DEC 2 , AM 9: I 9
iDP,H()
UTILITIES
I, Jed Stafford, am the President of the Applicant herein. I do hereby certfy under the
pains and penalties of perjury that the Applicant is familar with and intends to adhere to the
laws of the state of Idaho and the Rules and Orders of the Commission, including any quality of
service standards established by the Commission.
Executed this L day of !Jt'(¿t~2009.
Jed ~ Prdent
MBC Telecom LLC
Notar:
Sworn and subsc~d to before me
this -¥ day of ' -¿¿ . ,2009.
9t~æ~
My commiss n expires 1 ~ i c,- 207..
(SEAL)
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VERIFICA nON
I, Jed Stafford, am the President of the Applicant herein. I do hereby verify that I have
read the application and am familar with its contents. The matters stated therein are tre and
foregoing is tre and correct.
Executed this Vlf
correct to the best of my knowledge and belief.
I do declare under penalty of perjury under the laws of the State of$iaho ~at the
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Jed Stafford, President
MBC Telecom LLC
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Nota:
Sworn ¡md subs~d to before me
this .. day ofV.¿c: . , 2009.
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My co~n expires '1/Í(n /2013i
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