20100819Application.pdf

¡ii Davis \Nright11... Tremaine LLP
Robert Morgan
Suite 800
1919 Pennsylvania Avenue NW
Washington, DC 20006-3402
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Robert Morgan
202.973.4248 Direct Dial
202.973.4448 Direct Fax
202.973.4200 Main Dial
202.973.4448 Main Fax
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robertorgan(idwt. com
August 18, 2010
Via Federal Express
Ms. Jean Jewell
Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
¡vOB-T- to-61
Re: Mobiltie, LLC Application for Certifcation to Provide Non-switched Local Transport
Services
Dear Ms. Jewell:
Attached please find an original plus three (3) copies of Mobilitie, LLC's ("Mobilitie")
Application for Certification to provide non-switched local transport services within the State of Idaho
("Application"). The company has no customers at this time in Idaho, and this is a new filing. Also
please find the attached Written Statement of Confidentiality ("Statement") requesting confidential
treatment of Mobilitie's financial information, which constitutes CONFIDENTIAL Exhibit 4 of the
Application and is included here under separate seaL.
Please acknowledge receipt of this Application and Statement by date-stamping the extra copy of
the fiing marked stamp and return and returning it using the postage pre-paid envelope provided for this
purpose. Please contact me if you have any questions. Thank you for your assistance.
Sincerely,~A.'
Robert Morgan
Attachments
DWT 15238133vl 0102802-000141
i Anchorage
Bellevue
Los Angeles
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Portland
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Washington, D.C.ww.dwt.com
John Dodge
Robert Morgan
Davis Wright Tremaine LLP
1919 .Pennsylvania Ave NW Suite 800
Washington, DC 20006
P: [phone]
F: [phone]
Attorneys for Mobi/We, LLC
tOlD AUG 19 AM 8: l 5
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UTiLITIES
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONS
Mobilitie, LLC Application for Certification
to Provide Non-switched Local Transport
Services throughout the State of Idaho
CASE NO. Mov3-T'-lo- Of
APPLICATION FOR CERTIFICATION
Mobilitie, LLC ("Applicant") submits the following information in support of its
Application for Certification to the Idaho Public Utilities Commission ("Commission"),
pursuant to Idaho Code § 61-526-528, IDAPA 31.01.01.111, and Commission Procedural
Order No. 26665.
1. Form of Business
Short statement of the character of public service in which Applicant may engage:
See Exhibit 1.
Name of Applicant and the state in which Applicant is incorporated:
Applicant's legal name is Mobilitie, LLC, and it is incorporated in the
Stàte of Nevada
Principal business address:
660 Newport Center Dr. Suite 200
Newport Beach, CA 92660
DWT I 5200100v2 0102802-000141
[phone]
http://ww.mobilitie.com
Principal.business address in Idaho:
None
Certified copy of articles of incorporation:
See Exhibit 2.
Certificate of good standìng issued by the Secretary of State:
See Exhibit 3.
Applicant's registered agent for service in Idaho:
National Registered Agents, Inc.
1423 Tyrell Avenue
Boise, ID 83706
Name and addresses often largest common stockholders and number of shares
owned by each:
None
The names and addresses of Applicant's officers and directors:
Gary Jabara President and CEO
Vince O'Neil Chief Financial Offcer
Yvonne-Shroeder de Orr Sr. Vice President / General
Counsel
Christos Karmis Sr. Vice President, Acquisitions
and Leasin2
David Lasky Sr.Vice President,Operations
and Services
Gene Beall Sr. Vice President,Strategy &
Services
Bryon Davis Vice President,National
Network Deployment
660 Newport Center Dr. Suite 200
Newport Beach, CA 92660
[phone]
DWT 15200100v2 0102802-000141
Name and address of any corporation, association, or similar organization holding
a 5% or greater ownership or Rmanagement interest in the Applicant:
None
Names and addresses of subsidiaries owned or controlled by applicant:
None
2. Telecommunication Service
The date on which applicant proposes to begin construction or anticipates it will
begin to provide service:
Applicant operates on a customer demand basis. Because each of
Mobiltie's customers has individual needs that vary according to the
size and type of the company, each customer wil have a unique build-
out and equipment requirement. As a result, Mobiltie must obtain
authority to serve customers in Idaho before it can plan construction
timelines. Nevertheless, Applicant intends to begin its operations in
Idaho as soon as customer needs are identifed.
A written description of customer classes and customer service ( s) that the
applicant proposes to offer to the public.
See Exhibit 1.
3. Service Territory
A description sufficient for determining whether service is to be offered in a
paricular location; and the names of all incumbent local exchange corporations
with whom the proposed utility is likely to compete.
Applicant intends to provide its service throughout the State of Idaho.
Applicant's services wil not compete with any incumbent local
exchange corporation.
Written description of the intended manner of service, for example, resold
services or facilities based. A general description of the property owned or
controlled by applicant.
See Exhibit 1.
DWT I 5200100v2 0102802-000141
A statement describing with whom the applicant is likely to compete.
Applicant is unaware of any entities with which Applicant would
compete in Idaho.
A description of the property owned by the applicant clarfies the applicant's
proposed services and operation.
See Exhibit 1.
4. Financial Information
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. Ifa balance sheet and
income statement are not available, the applicant must submit financial data
sufficient to establish that it possesses adequate financial resources to provide the
proposed services.
See CONFIDENTIAL Exhibit 4.
5. Maps
Per the Commission's instructions, submission of a map is not
necessary as Applicant intends to provide service throughout the state
. of Idaho.
6. "Ilustrative" Tariff Filngs
Proposed initial tariff and price sheets setting forth rates, rules, terms, and
regulations applicable to the contemplated service.
See Exhibit 5.
7. Customer contacts
Contact information for the Applicant.
a) The name, address, and telephone number and electronic mailing
addresses (if available) of the person( s) responsible for consumer inquiries
and complaints from the public.
Yvonne Schroeder de Orr
SVP / General Counsel
660 Newport Center Dr. Suite 200
DWT 15200100v2 0102802-000141
Newport Beach, CA 92660
Phone: [phone]
e-mail: yvonne~mobiltie.com
b) A toll-free number for customer inquiries and complaints.
1-877-999- 7070
c) The name, number and electronic mailing 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.
Yvonne Schroeder de Orr
SVP / General Counsel
660 Newport Center Dr. Suite 200
Newport Beach, CA 92660
Phone: [phone]
e-mail: yvonne~mobilitie.com
8. Interconnection Agreements
Statements of whether the applicant has initiated interconnection negotiations and,
if so, when and with whom.
Applicant has not initiated interconnection negotiations at this time.
9. 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.
Applicant has reviewed all of the Commission rules and agrees to
comply with them to the extent that such rules apply to Applicant's
services.
10. Escrow Account or Security Bond
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 wil not require advance deposits by its customers. An
escrow or bond is therefore not necessary.
DWT I 5200100v2 0102802-000141
WHEREFORE, for the reasons listed above, Applicant respectfully requests that
the Commission issue an Order granting Applicant's request for Certification to provide
non-switclied local transport services throughout the State of Idaho.
Respectfully submitted,
Mobiltie, LLC
a Nevada limited liabilty company
BY:#-
John C. Dodge
Robert T. Morgan
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., N.W.
Suite 800
Washington, DC 20006
[phone] (TeL.)
[phone] (Fax)
Counsel for Mobilitie, LLC
Dated: August 18, 2010
DWT 15200100v2 01Q2802-000141
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
DWT I 5200100v2 0102802-000141
LIST OF EXHIBITS
Statement of Character of Service
Aricles of Incorporation
Certificate of Good Standing Issued by Idaho
Secretary of State
CONFIDENTIAL Financial Statements
Ilustrative Tariff
EXHIBIT 1
Statement of the Character of Service in Which Applicant May Engage
By this Application, Applicant seeks authority to provide facilities-based and resold
competitive local exchange services, access and nondominant interexchange services
(hereinafter referred to as "Services") to customers thoughout the State of Idaho. Applicant
proposes to provide these Services though a combination of its own facilities and facilities
to be leased from a varety of telecommunications carers. Specifically, Mobiltie intends to
provide carer's carier transport servce, at least initially, for wireless cariers. Mobiltie
will provide its service using backhaul lined by fiber optic cables with conversion
equipment attached to poles, wires, fiber termination equipment, and other structues.
Whenever possible, Mobilitie plans to provide service using existing poles, towers,
buildings, fiber optic cables, conduits, ducts, rights-of-way and other facilities and strctues
of other carers, utilties, and municipalities.
DWT I 5200 I 00v2 0102802-000141
EXHIBIT 2
Certifed copy of articles of incorporation
DWT I 5200100v2 0102802-000141
06/18/2003 15: 15 TEL [phone] ALLEN CORP.
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Certificate of AcceptaDoa
of Appoiatlat by
ae.ideD't Agent
In the matter of MOBILITIE, LLC, I, NationalRsgistered Agents, Inc. of NV" hereby s'tat.e t.h'a't on June
18', 2003, I accepted the appotntment a's resident agent for
the above namd business en'tity.
The street address of 'the resident agent in this state
is as fol lows i
1000 E. William Street.
Suite 204
Carson City, Nevada 89701
7) Sfa June 18, 2003
Dean stanton,
Assistant Secretary
on behalf ofNational Registered Agents, Inc. ofNV
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SBCRE1~Al~Y OF STATE
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CERTIFICATE OF EXISTENCE
WITH STATUS IN GOOD STANDING
I, DEAN HELLER, 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 fi1iligs by
corporations, non-profit corporations, corpomtion soles, limited-liabilty companies, limited
parterships, limited-liabilty 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 officer to execute this certficate.
I fuither certify that the records of the Nevada Secretary of State, at the date of this certificate,
evidence, MOBILITIE, 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 June 18, 2003,
and is in good standing in this state.
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IN WI1NSS WHEREOF, I have hereunto set my
hand and affxed the Great Seal of State, at my
office on July 24, 2006.~'7
DEAN HELLER~ryOfState
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EXHIBIT 3
Certifcate of good standing issued by the Secretary of State of Idaho
DWT I 5200 I 00v2 0102802-000141
State of Idaho
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CERTIFICATE OF AUTHORITY
OF
MOBILITIE, LLC
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I, BEN YSURSA, S.ecrßtarYt).f$lateQf:tf:é'Statè.:öf IdabQ, hereby certify that an
Application for CertifiC¡¡t~~b?A~~~ritY:~;~í~;~~é~óteà:~rs~~t¡t6,'~~a,e provisions of the
Idaho UniformLimiteà:Li~bì~Ìy ÄøHti,.~s B~n:i,øb~¡~~;~:thi:~'Qùid¿::~dis found to
confon to law, , .... ,...:.¡:\,;',:':::i':\:;'¡i,':;/';?":'?¡;,1!t ",'(:\
ACCORDING.k¥'a~~~~y f!rtÙe pt~ti~tàcit~fi ~~$t~q'i~.~.~¡ëYJkw, I issue this
:.~ :~,;. ~,:.t ~:: : ~',',: ~h~:_ ,.....~:~~;;i,~. ':~';:~~~ l:U!!:; l i, 1:,1 ~!~~;ti ;';!Certifica.te of Autho~ity to.,tf:atisa~b~sjnessiiò;\tHis; $talë :and ,âïttrij¡nereto a duplicateof')k, .'~~ ::::::1: i:: ,:: :::, ~ ,.~. t,). ~:~;: ~ ~; ~,. ,.~.;~ì~i¡t;~. ~';;~; ~~: ~.~:.~i!i~.~tl ~l.,~~~: :~:.~;! ' ,.~í:
the application for sucH certificatë-¡,::::¡\::'"i/,:,;";:,',:m.:;,.'; .Y":",' .':;:' .' :f
Dated: August 4, 201 o' ' 'd';::;~~i :i¡\;i"~:)\~';'~¡ii:~\\:\\\\.~;))2'i\~;i;¡i'~";'~,;'~\~:\,:/
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SECRETARY OF STATE
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APPLICATION FOR CERTIFICATE
OF AUTHORITV FOR FOREIGN;.?-c¡~ÇT,~R'/ ¡TbASHiÒd¿
LIMITEDLIABILITCOMPANY STATt OF '
(InstC')o~s 01' back of applicatin)
1. The name of the ISmited liabHity cc.n1pi:m:t is:
MobiHtie. iiC
2. lHhe name offue ltnilted liabllty copany is ".of permlstble Of is not available ¡llldaho, tÌ1f'
name the foreignil.íted ilabmt company wíl uee in Idaho is:
3. 1"tiejurÎsdlction \mdeiwhose laws the lii'ted !¡a!lfiý~any is fotmé( is: ~ad ~_
4. The name andoomplele street address .1Hhe registered lJgentln Idaho is:
National Resi1i\;ed ~nts, Inc 142.3 TyrelllBre. Boi$, Idaho 33700
5. The stret and A'U¡lijiog address ofti'e limited ¡¡abilty company's princial officoe is:
660 Newrt Center Diie, Suite 200, Newport Seach, CA 92660
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6. The stre-et and mamrig address of the limited liabHity company's offce in the iU(Î$ictirm
under whose laws ìi is organized is:
cin Nalioal Registered Agents, tnc., 1000 E, Wimaff St.. Ste. 204. Carson. Cìt~i, NV 89701~ ~-r-~----'-"'--"---""L""~'-'-'-"-"-'._"'.' ''''_'_'_'__.'''_'''-.-',--...
!i'l'/ Ad&IiS$, if dlifften .
7. The name and mailig address of at !east one member Of manager:
Gary 8. JatJra 500 Newport Center Dr., Newrt Beab. CA 92
8. Themaiflng addres~ forfutute correspondence~
66 Newport Center Drive, Suilo 200, Newpor Beach, CA 92000
9. Signature of an authotlzedpe.rsclll
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IDgHO SECRTARY OF STillE.0S/04/e010 05:00
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CERTIFICATE OF EXISTENCE
WITH STATUS IN GOOD STANDING
I, ROSS MI,LLER, the duly elected and qualified Nevada Secretar of State, do hereby certify
that.l am, by the laws 0 f said State, the custodian of the reords relating to filings by
corprations, non-profit corporations, corporaion soles. limited-liabilty companies, limited
parerships. limited-liability parterships and business trsts pursuant to Title 7 of the Nevada
Revised Statiites which are either presently in a status of good standing or were in good stading
for a.tinie period subsequent of 1976 and am the proper offcer to execute this certificate.
I further certifY that the records of the Nevada Secretar of State. at the date of this certficate,
evidence, MOBILITIE, LI4C, as a limited líabìlty company duly organized under the laws of
Nevada and existing under and by virtue of the laws of the State of Nevada since June 18, 2003,
and is in good standing in this stte.
rN WITNESS \:VJIEREOI~', I have hereunto set my
hand and affixed the Great Seal of State, at my
offce on July 28, 2010.~:;~
ROSS l\flLL£R
Secretar of State
Electronic Certificate
Certficate Number: C20100ne-2&29
You may verify this electronic certificateonline at http://Ww.n'los.gov/
llii.h, ,"'~,.:~, .t::'.i ¡¡
450 N 4th Street
PO Box 83720
Boise 10 83720-0080
Phone: [phone]
Fax: [phone]Ben Ysursa
Secretary of State
scsínfo~sos.idehl).gov
ww.sos.idaho.gov
STATE OF IDAHO
SECRETARY OF STATE
ANNUAL .REPO.RTING REQUIREMl=NTS
Each corporation, limited liabilty company, limited partnership and limited liabilty partnership authorized to
transact business in this state must fie an annual report with the secretary of state.
If an annual report is not received on or before the due date, the following will occur:
1) Domestic corporations and limited liability companies wUl be subject to administrative dissolution;
2) Foreign corporations wil be subject to revocation of its authority to do business in Idaho;
3) Foreign limited liability companies will be subject to administrative cancellation;
4) Limited partnerships wil be subject to administrative cancellation I termination.
S) Limited liability parterships will lose their limited liabilty status and revert to general partnerships:
The fonT, must be executed by a person authorized by the company, indicating such capacity, setting forth the
name of the company, the state or country under whose law it is incorporaed/organized, along with the names
and addresses of its current registered agent and officers.
The first, and all subsequent annual reports shall be filed with the secretary of state each year before the end of the
month during which a corpration or limited liability company or partnership was initially authonzed to transact
business. (Please note: the first annual report is not due until 1 year after the initial filing date.)
A post card wil be sent to notify you that your annual report is due. There is no filng fee if the annual report is
received in this offce by the date it is due. A post mark date is not suffcient.
A sample of the postcard and ageneNited a nnual report is included on the back of this letter.
You can file your annual report electronically via our website: ww.sos.idahQ,goy or request a mail in report form.
Please follow the instructions carefully when entering the data. The annual report will only be available for filing 60
days prior to the due date.
If you have any questions or need further assistance, please do not hesitate to contact this office at (208) 334~
2301.
Very truly yours,
COMMERCIAL DIVISION
IDAHO SECRETARY OF STATE'S OFFICE
EXHIBIT 4
Financial Statements
The included financial statements contain confidential business records belonging
to Mobilitie, LLC. Applicant therefore submits the information under confidential seal,
exempt from public disclosure pursuant to Idaho Statutes § 9-340D and IDAPA
31.01.01.067.
DWT I 5200100v2 0102802-000141
PROOF OF SERVICE
I, Xochitl Halaby, hereby certify that I have this eighteenth day of August, 2010, served
the foregoing Application for Gertification upon all paries of record in this proceeding,
by mailing a copy thereof, properly addressed with postage prepaid, to:
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
x~J
DWT I 5200100v2 0102802-000141