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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 CASE I?H,*FEIffiD ll7N-T-ll'01 I'nghrm M((ut(hen !LP 2o:o K 5treet NW WirhrnBton,0( too.r6 180b r, ,o, l/l rt000 , Ir.Jo? l/r 600r bittEhart r orrr 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 {lr*-W SECRETARY OF STATE