20080429Application.pdf

BOULT. CUMMINGS ~
CONNERS. BERRYPLc
RECEl\tED
APR 29 AM to: 39
Rose Mulvany-Henry
[phone]
Fax: [phone]
Email: rhenryi1boultcummings.com
i +0 FJtJ£1,L1C
UTILllES COr"iMISSION
April 28, 2008
Via Federal Express MNT-T-Dca-of
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83702
Re: Application of Momentum Telecom, Inc. for a Certificate of Public
Convenience and Necessity to Provide Facilities-Based Local Exchange
and Resold Interexchange Telecommunications Services within the State
of Idaho
Dear'Ms. Jewell:
Please find enclosed, on behalf of Momentu Telecom, Inc. ("Momentum"), an original
and seven (7) copies of Momentum's Application for a Certificate of Public Convenience and
Necessity to Provide Facilities-Based Local Exchange and Resold Interexchange Services. An
electronic version of the Ilustrative Tarff contained in this Application is also included on the
enclosed disk.
Please note that the stockholder and financial information attached as Exhibits C and E to
the original copy of the application are proprietar and confidential information and thus are
being submitted under seaL. Momentu respectfully requests that the information be accorded
confidential treatment and that it not be made a par of the public record or otherwise be made
available for public disclosure. This information is provided in a sealed envelope attached only
to the original copy of the application.
Please date stamp and return the enclosed extra copy of this fiing in the self-addressed,
postage-prepaid envelope provided. Should you have any questions concerning this mater,
please do not hesitate to contact the undersigned at [phone].
Very truly yours,
BOULT, CUMMINGS, CONNERS & BERRY, PLC
By: 1i W '111 JUl.' /fA
Rose Mulvany-Henr
1821319 vI
1021687°21
4/28/2008
LAW OFFICES
1600 DIVISION STREET. SUITE 700 . P.O. BOX 3425 . NASHVILLE. TN. 37203
TELEPHONE [phone] FACSIMILE 615.252.6380 ww.boultcummings.com
Rose Mulvany-Henry
Boult Cummings Conners & Berr
i 600 Division Street, Suite 700
Nashville, Tennessee 37203
[phone]
[phone] (fax) ,
Attorney for Momentum Telecom, Inc.
iOBEFORE THE UTiUT
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of )
)
)
)
)
)
)
)
Case No. tjlt y: t-08 -õ IMomentum Telecom, Inc.
For a Certificate of Public Convenience and
Necessity to Provide Competitive Local Exchange
and Interexchange Services within the State of
Idaho
APPLICATION OF MOMENTUM TELECOM, INC.
Momentu Telecom, Inc. ("Momentum" or "Applicant"), by its undersigned attorneys,
and pursuant to Titles 61 and 62 of the Idaho Code and IDAPA 31.01.01.111 (Rules 111 & 112)
as clarified by Procedural Order No. 26665, hereby applies to the Idaho Public Utilities
Commission ("Commission") for a Certificate of Public Convenience and Necessity to authorize
Momentum to provide facilities-based local exchange services and resold interexchange services
in the State of Idaho.
In support of its application, Momentu provides the following:
I. Proposed Services
Momentum seeks authority to provide facilities-based local exchange services and resold
interexchange services throughout the State of Idaho.
Momentum, a wholly-owned subsidiar of MBS Holdings, Inc., does not currently offer
services in Idaho but does offer local and interexchange telecommunications services to
approximately 40,000 retail end user customers in the Southeastern states of: Alabama, Florida,
1819554 vI
102\68-02\ 04/28/08
\
Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.
Additionally, Momentum is certified to provide the telecommunications services sought through .
this application in Arkansas, Ilinois, Indiana, Missouri and Wisconsin and applications are
pending for the same in Colorado, Kansas, Michigan, Minnesota, Nebraska, Nevada, New
Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Pennsylvania, South Dakota,
Texas, Utah, Veront and Washington.
Upon initiation of servces in Idaho, Momentum wil comply with all applicable
Commission rules, regulations and standards, and wil provide safe, reliable and high-quality
telecommunications services. Specifically, Momentum proposes to offer wholesale switching
and interconnection services to small cable providers and other such similarly situated wholesale
customers. Momentum wil utilize its own soft switches and media gateways in conjunction
with its wholesale customers' "last mile" portion of the network which typically consists of
hybrid fiber coaxial facilities.
Momentum wil interconnect with the applicable Incumbent Local Exchange Carer
("ILEC") to offer competitive alternatives in telecommunications services to consumers in Idaho
through a business model in which Momentum, together with other competitive service
providers, wil provide local voice service to its wholesale customers' end users. While the cable
company wil provide the "last mile" portion of the network which includes the cable company's
hybrid fiber coax facilities, Momentum wil provide all public switched telephone network
interconnection utilizing Momentum's switch and the interconnection agreements Momentum
wil be negotiating with the applicable ILECs.
1819554 vI
102168-021 4/28/2008 - 2 -
II. Form of Business
Momentum is a competitive provider of local and long distance phone servces.
Momentum is currently authorized to provide traditional local and interexchange
telecommunications services to approximately 40,000 retail end user customers in the
Southeastern states of: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North
Carolina, South Carolina and Tennessee. Additionally, Momentu is certified to provide the
telecommunications services sought through this application in Arkansas, Ilinois, Indiana,
Missouri and Wisconsin and applications are pending for the same in Colorado, Kansas,
Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota,
Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Vermont and Washington.
Momentum has not been denied,requested certification in any jurisdiction.
1. Momentu Telecom, Inc. is a corporation organized and in good standing under
the laws of the State of Delaware.
2. Momentum may be reached at its principal place of business:
Momentum Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, Alabama 35242
Momentum does not currently have a principal business address within the State
ofIdaho.
3. Momentum's Certificate ofIncorporation are attached hereto as Exhibit A.
4. A Certificate of Authority to transact business in Idaho is attached hereto as
Exhibit B.
5. Momentum's registered agent for service in Idaho is:
1819554 vI
102168-021 4/28/2008 - 3 -
CT Corporation System
1111 W Jefferson, Ste 530
Boise, Idaho 83702
6. A summary of the stockholders holding a 5% or greater interest in Momentum is
provided under seal as Confidential Exhibit C.
7. The Officers of Momentu are:
Alan Creighton, President/Chief Executive Officer
Momentum Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Dennis Lipford, Vice President, FinanciallTreasurer/ChiefFinancial Officer
Momentu Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Charles E. Richardson III, Vice President & General Counsel
Momentum Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
8. The Director of Momentum:
Alan L. Creighton
Mr. Creighton may be contacted at Momentu's headquarers located at 2700
Corporate Drive, Suite 200, Birmingham, Alabama 35242.
9. Momentu is a wholly-owned subsidiar ofMBS Holdings, Inc.
10. Momentum has no subsidiaries.
1 1. Correspondence pertaining to this Application should be directed to:
Rose Mulvany Henry
Boult, Cummings, Conners & Berr, PLC
1600 Division Street, Suite 700
Nashvile, TN 37203
1819554 vI
102168-021 4/28/2008 - 4-
[phone] (phone)
[phone] (fax)
rhenry(fboultcummings.com
III. Telecommunications Service
1. Momentum intends to begin providing service in Idaho within sixty days after it
obtains authorization from the Commission to do so.
2. Momentum intends to offer wholesale switching and interconnection services to
cable providers and other such similarly situated wholesale customers. Accordingly, Momentum
does not, at this time, intend to offer services to residential customers in the State of Idaho.
IV. Service Territory
1. Momentum intends to provide services on a statewide basis in the State of Idaho.
Initially, Momentum seeks to provide its serices in the geographic areas currently served by
Qwest Communications and Verizon. Momentum wil mirror the basic local calling scopes of the
incumbent local exchange carers.
2. Momentum intends to offer facilities-based local exchange services and resold
interexchange services. Momentum will utilze its own soft switches in conjunction with its
wholesale customers' "last mile" portion of the network. The soft switch wil be located out of .
state and, if necessar, media gateways wil be located at the applicable cable company's head
end location, which wil vary by provider.
v. Technical and Managerial Oualifcations
Momentum possesses the technical and manageral qualifications necessar to operate as
a competitive local exchange carer within the State of Idaho. Curently, Momentu provides
telecommunications services in several states and possesses considerable telecommunications
1819554 vI
102168-021 4/28/2008 - 5 -
expertise. Biographical summares of the technical and managerial experience of' the key
members of Momentum's management team are attached hereto as Exhibit D.
. VI. Financial Information
Momentum is well-qualified financially to operate and expand its business. Financial
information demonstrating Momentum's financial qualifications is provided under seal as
Confidential Exhibit E.
VII. "Illustrative" Tariff Filigs
Momentum's Ilustrative Tariff is attached hereto as Exhibit F. Momentum wil file its
proposed tarff establishing its proposed services and charges upon completion of
interconnection and upon receipt of certification by the Commission.
VIII. Customer Contacts
1. The individual responsible for consumer inquiries and complaints from the public
is:
Teri Hennington
Regulatory Manger
Momentum Telecom, Inc.
2700 Corporate Drive
Suite 200
Birmingham, AL 35242
Telephone: [phone]
Fax: [phone]
E-mail: thennington(fmomentumtelecom.com
2. A toll-free number for customer inquiries and complaints is 1-877-271-0236.
3. The individual designated as a contact for the Commission Staff for resolving
complaints, inquires and matters concernng rates and price lists or tarffs is:
Peggy McKay
Vice President of Operations
Momentum Telecom, Inc.
2700 Corporate Drive
Suite 200
1819554 vI
102168-021 4/28/2008 - 6 -
Birmingham, AL 35242
Telephone: [phone]
Fax: [phone]
E-mail: pmckayCã)momentumtelecom.com
ix. Interconnection Agreements
Momentu has not yet negotiated an interconnection agreement with any incumbent
local exchange carrer. Momentu wil fie the same for approval with the Commission at the
time that one has been negotiated and executed by the paries.
x. Compliance with Commission Rules
Momentu has reviewed the laws and regulations of this Commission governing local
exchange and interexchange 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 and such laws, rules and regulations are applicable to the services sought to be
provided by Momentum in Idaho. Attached hereto is a sworn verification executed by
Momentum stating that Momentu agrees to comply with all applicable Idaho laws and
Commission rules and regulations, to the extent they are applicable to the services sought to be
provided by Momentum in Idaho.
xi. Escrow Account or Security Bond
At this time, Momentum does not intend to require advance deposits from its customers.
Should Momentum require advance deposits at any point in the futue, Momentum wil submit to
the Commission a signed copy of an escrow account with a bonded escrow agent or a security
bond.
xii. Public Interest Standard
Grant of this Application and Momentu's entr into the local telecommunications
marketplace within Idaho wil serve the public interest in a variety of ways. As demonstrated
1819554 vI
102168-021 4/28/2008 - 7 -
above, Momentum is technically and financially qualified to provide telecommunications
services in Idaho, and the public interest wil be served by expanding the availability of
competitive telecommunications services in Idaho, thereby enhancing the telecommunications
infrastrcture in Idaho and facilitating economic development. Additionally, grant of this
Application wil benefit the public because the presence of Momentum in the market wil
increase the incentives for other carrers to operate more efficiently and offer more innovative
services. Thus, grant of the instant Application wil serve the public interest.
XIII. Conclusion
This Application demonstrates that Momentum Telecom, Inc. possesses the technical,
financial and managerial resources to provide local exchange and interexchange services in
Idaho.
WHEREFORE, Momentum Telecom, Inc. requests that the Idaho Public Utilities
Commission enter an order granting a Certificate of Public Convenience and Necessity
authorizing Momentum Telecom, Inc. to provide facilities-based local exchange services and
resold interexchange telecommunications services.
Respectfully submitted,
aura Dudney, Esq.
Rose Mulvany-Henr, Esq.
1819554 vI
102168-021 4/28/2008 - 8 -
Dated this ~~ day of April, 2008
1819554 vI
102168-021 4/28/2008
Boult, Cumings, Conners & Berr, PLC
1600 Division Street, Suite 700
Nashvile, TN 37203
Telephone: [phone]
Email: rhenr(fboultcummings.com
Attorneys for Applicant Momentum Telecom, Inc.
- 9-
STATE OF ALABAM )
)
)
ss.
COUNTY OF SHELBY
VERIFICATION
I, Charles E. Richardson III, state that I am the Vice President and General Counsel of
Momentum Telecom, Inc.; that I am authorized to make this Verification on behalf of
Momentum Telecom, Inc.; that the foregoing Application was prepared under my direction and
supervision; and that the contents are tre and correct to the best of my knowledge, information
and belief. As required by Idaho Code § 61-406 and by the Commission Procedural Order No.
26665 in Case No. GNR-T -96-4, the Applicant agrees to comply with all applicable state laws
and Commission rules and regulations.
Name: Charles E. Richardson III
Title: Vice President & General Counsel
Company: Momentu Telecom, Inc.
1833697 vI
102168-021 04/25/08 - 1 -
Exhibit A
Exhibit B
Exhibit C
Exhibit D
ExhibitE
Exhibit F
Exhibit G
Verification
1819554 vI
LIST OF EXHIBITS
Certificate of Incorporation
Certificate of Authority to Transact Business
Stockholders (CONFIDENTIAL - Submitted Under Seal)
Management Team Biographies
Financial Statements (CONFIDENTIAL - Submitted Under Seal)
Ilustrative Tarff
Proposed Service Area Map
List of Exhibits
EXHIBIT A
MOMENTUM TELECOM, INC.
Certficate of Incorporation
(see attached)
1819554 vI Exhibit A
PAGE 1
'1 :First State
HAIBT SJ.ITSWINtJSOR,SBCøTARYOF STATE OF IJl1!1šSIJAIJB OF
DULYDBLAWAR, DO B'BRRBY CER'r!J! "MOMETUM TEUCOM,INC.tt
TBB LAWS OF TIm STATE OF DELWA AN is ININCORPORATED
GOD STANDING AN HA A LEGA CORPORM EXIS'rENCB SO FAR AS THE
RECORDS OF THIS OFFICE SHOW, AS OF TIm EIGH'PH
2008.
OF APRIL,
~~
Harriet smit Windr, ~retary of State
AUTHENTICATION: 6508982
DA!'E: 04-08-08
3216570 8300
-080401647
You mayat; corp.this certi£icat: OG,li.i. gov! aut:bwr. sbt:
EXHIBITB
MOMENTUM TELECOM, INC.
Certificate of Authority to Transact Business in Idaho
(see attached)
1819554 vI Exhibit B
IDSOS CERTIFICATE OF EXISTENCE Page 1 of 1
State of Idaho
I¡Office of the Secretary of statell
CERTIFICATE OF EXISTENCE
OF
MOMENTUM TELECOM, INC.
File Number C-L 761 77
I, BENYSURSA, Secretary of State of the State ofIdaho, hereby certify that I am the custodian of
the corporation records of this State.
I FURTHER CERTIFY That the records of this offce show that the above-named corporation was
incorporated under the laws of DELAWARE and filed to transact business in Idaho on 12/11/2007.
I FURTHER CERTIFY That the corporation is in goodstanding on the records of this office.
Dated: 4/24/2008 10:15 AM ft~
SECRETARY OF STATE
Authentic Access Idaho Document ( http://ww__Çlççs:ssi.dahQ,Qrg-nulilk/pmiaViiiitli_enticllleJimil )
Tag: b5ae5f5ff8d7 4087 43c 1 e3203e282a2ge3d6d4e8e45abf45140d86b67fcbge8165778523c38b 12fe
https://www.accessidaho.org/secure/sos/corp/cert.html 4/24/2008
CONFIDENTIA EXHIBIT C
MOMENTUM TELECOM, INC.
Confidential Stockholder Summary
Filed Separately Under Seal
1819554 vI Exhibit C
EXHIBITD
MOMENTUM TELECOM, INC.
Technical and Managerial Qualifications of Momentum's Key Personnel
Alan' L. Creighton, President & CEO
After graduating from the University of Alabama with a Bachelor of Science in Finance and a
minor in Computer Science, Alan Creighton joined BellSouth Advanced Systems, where he
won the Presidential Circle of Excellence Award for his achievement in sales. In his first
starp, Alan worked with NuCel, Inc., a wireless telecommunications company that built
entire cellular systems for independent owners ofMSAs. Alan moved into the managed care
industry where he helped create and build significant businesses in terms of members, revenues
and valuations. During his tenure at Complete Health, he served in management positions,
including Vice President of development, regional Vice President and President focusing on
development and sales. Complete Health became a regional managed care plan which was later
acquired by UnitedHealthcare.
:m";":::m,,,,:,:,,,:,,,,,,:~1i.,,,,:,:,:,:.'.,::,"";!k,)'".;::"é,,,,,.,,.t- ,.:......,'-~-,-,-,.J""."",,¡L,:N,\,:~,,:;A\'*,..iihßW'i,d"'.....:-.-,.,..-...k,.".:.,w.y..-" -.".;Ú.Z".kkAii:StmL wax Ii" ,~, ,tu "" ...,,.,,_,.,..:;,...,,.,,, -...,+:.,"x ",,;M:;;;x:;",~w:,~R
Charles E. (Rck) Richardson III, Vice President & General Counsel
Rick Richardson brings Momentum Business Solutions several years of experience in the cable
and Internet industry, most recently with High Speed Access Corporation. Mr. Richardson also
served as chief counsel for Birmingham Steel and American Calculator, $ 1 bilion and $ 1 00
miliçm companies, respectively. Mr. Richardson received his undergraduate degree from the
University of Alabama and his J.D. from the University of Alabama School of Law. In
addition, he completed Anglican Studies at Yale University and Berkeley Episcopal Divinity
SchooL.
"."":;,_..:t,..",.",.;¡¡',_,..-Ä.,"" ,&~~-h ,.".."m))\!\,.;.,.,.",t .",A.,.",.,.:.Lz,...3....,..,.,,',.;..w.;.dA:l"ii":",,::,;¡,A,,.Ú,::,h+A::~A:'''M ".1A.,_.,,_.:.,;._._:.,+_._._,_._._:.,..;,, ii"JLWit ,.. ,_~___;.__.._._....j._ '-.
Dennis E. Lipford, Vice President and Chief Financial Officer
Dennis E. Lipford came to Momentum Business Solutions as Vice President of finance from
one ofthe nation's largest health care organizations, UnitedHealthcare. While at United, Dennis
held ~enior level positions in finance, operations, and network development. Most recently, he
was Vice President of contracting and governent programs. Prior to his career with United,
Dennis was a CPA with Ernst & Young, a public accounting firm. Denns holds a B.S. in
Accounting from Aubur University.
;".";.;_:,,.:;,,:';.:',:,t;.;~N_,.:.:;~.;:',.,-..,- R;;.:,.;;:+-.a,,,m,-h,::.,,,.,.,~&I~,,,,,\,)M)f,ff.iit....L ;:,..;;.d:.""";,,.\i.4WhNc.LX)jlA'.. - .',A-KlH.',.,(... '\,,,),\I:;oi\\\:U,ztLt&&
Hilaire B. deSa, Vice President and Chief Technology Officer
Mr. deSa spent 19 years in Information Technology after receiving his Masters .spanng both
System and Application environments in the Educational, Defense, ISP and
Teleçommunications industries. Before joining Momentum Business Solutions Mr. deSa was a
Senior Technical Manager for BellSouth Telecommunications. He was key in the deployment
of Bell South's Microsoft based server environment. With the transition from BellSouth to
Electronic Data Systems Mr. deSa was Project Manager and Team lead at the BellSouth
1819554 vI Exhibit D
Distributed Systems Management Center in Birmingham Alabama. This center was responsible
for monitoring all Microsoft based server class machines in the BellSouth Network.
, ,.",.".~,:,:.:,:,:.:,:".:".:,~x_,__t..,.mu,.,.,.,,,;;,:,,,,M~ """,,,..,,,.:.,.,,:,,,,..,,,,,~,,,,:,:,,,;;,-,--,-_.,,._.,.0..1 C'C'o.".,.""."h-,ttà::U;:hHR.,.".:.".:.:.,."';;¡.,,,:o;;;;øi..,'.~
Peggy McKay, Vice President, Operations
Ms. McKay graduated from the University of Alabama in Birmingham with a Bachelor of
Science Degree in Business Administration. Ms. McKay has 35 years experience in the
telecommunication industr, including positions at AT&T and BellSouth. Ms. McKay retired
from BellSouth in May of 2000.
Ms. McKay joined the BellSouth Interconnection Sales team as Director in 1997, which
supported the Competitive Local Exchange Carrers (CLECs). She managed the Complex
Resale Support Group, which received and processed complex resale orders from CLECs. She
then managed a team responsible for supporting the CLECs, which included subject matter
experts in the areas of operational support system (OSS) interfaces, local interconnection
truing, biling, local number portability, unbundled network elements, and collocation. After
retiring, Ms. McKay was contracted by BellSouth to develop and deliver training to CLECs on
subjects, to include collocation, unbundled network elements, LENS, and switched port loop
combinations.
1819554 vI Exhibit D
CONFIDENTIAL EXHIBIT E
MOMENTUM TELECOM, INC.
Confidential Financial Statements
Filed Separately Under Seal
1819554 vI Exhibit E