HomeMy WebLinkAbout20140312Amendment to Certificate.pdfBINGH AM
I
I
Jean L. Kiddoo
Brett P. Ferenchak
j ean.kiddoo@bingham.com
brett.ferenchak@bingham.com
March ll,2014
Via Overnight Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, lD 83702
secretary@puc. idaho. gov
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Re: Earthlink Business, LLC (f/r/a New Edge Network,Inc. d/b/a Earthlink
Business") (Utility ID NEN-T)
REOUEST FOR AMENDED CERTIFICATE
Dear Ms. Jewell:
Earthlink Business, LLC (flUaNew Edge Network, Inc. d/b/a Earthlink Business)
(Utility ID NEN-T) (the "Company") hereby requests that the Commission issue an
Amended Certificate to reflect the Company's current name. The Company is authorized
provide local exchange and interexchange services pursuant to Certificate No. 507,
granted by Order No. 32596 issued in Case No. NEN-T-l l-01.
On November 12,2012, the Company and certain of its affiliates filed a notification of
certainproformaintra-company changes (the"20l2Notice").I One of those proforma
changes involved the conversion of the Company from a corporation to a limited liability
company and associated name change to "Earthlink Business, LLC." In footnote 6 of
the 2012 Notice, the Company requested that the Commission update its records to reflect
its new name. The Company also provided as Exhibit E to the 2012 Notice a copy of the
conversion and name change documents and its authority to transact business in Idaho.
The Company also provided as Exhibit G to the 2012 Notice an updated registration. On
October 23,2013, the Company and certain of its affiliates filed a notification of addition
pro forma intra-company changes (the "2013 Notice").2 In footnote 7 to the 201 3 Notice,
the Company specifically requested that Certificate No. 507 to reflect its current name.
' 5", NotiJication of CTC Communications Corp., DeltaCom, LLC f/Ha DeltaCom,
Inc., and Earthlink Business, LLC f/Aa New Edge Network, Inc. Regarding Certain Pro
Forma Intra-Company Changes, Letter from Jean L. Kiddoo and Brett P. Ferenchak, Counsel
for CTC Communications Corp., et al., to Jean Jewell, Secretary, Idaho Public Utilities
Commission (filed Nov. 15,2012).2 See Notification of Business Telecom, Inc., CTC Communications Corp., DeltaCom,
LLC and Earthlink Business, LLC Regarding Certoin Pro Forma Intra-Company Changes,
Letter from Jean L. Kiddoo and Brett P. Ferenchak, Counsel for Business Telecom, Inc., et
al., to Jean Jewell, Secretary, Idaho Public Utilities Commission (filed October 23,2013).
A,/75938354.3
Jean Jewell, Secretary
March ll,20l4
Page2
To date, however, the Company's Certificate and the Commission's list of
telecommunications providers have not been updated to reflect the Company's name.
This letter formally requests that the Commission amend Certificate No. 507 and update
its list of telecommunications providers to reflect the Company's current name,
"Earthlink Business, LLC." A copy of the Company's authority to transact business in
Idaho is attached hereto.
The Company only provides service to non-residential customers. Pursuant to Idaho
Code Section62-606, therefore, the Company notifies the Commission that it will not
maintain tariffs or price lists with the Commission (except to the extent the Company
provides switched access services). Instead, the Company will maintain its price list at
http://www.tariffs.net/earthlinkbusinesVtier.asp?id:354 and provide the Commission an
updated link should that website change.
An original and seven (7) copies of this notification letter are enclosed. Please date-
stamp and return the extra copy of this filing in the envelope provided. This letter has
also been filed via e-mail. Should you have any questions regarding this filing, please do
not hesitate to contact the undersigned.
Respectfully submifted,
Crtfr?fi,o'^,.\dL
Jean L. Kiddoo
Brett P. Ferenchak
Counsel for the Company
N75938354.3
Sfate of ldaho
CERTIFICATE O F AUTHORITY
OF
EARTHL!NK BUSINESS, LLC
File NumberW 117662
l, BEN YSURSA, Secretary of State of the State of ldaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
ldaho Uniform Limited Liability Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested in me by.law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate of
the application for such certificate.
Dated: September 26, 2012
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SECRETARY OF STATE