20031125Application.pdf

BEFORE THE
PUBLIC UTILITIES COMMISSION
IDAHO
- RECEIVED 0FILED
ZaD) NOY 24 At" 9: 45
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OrbitCom, Inc.
UTILITIES COMt11SSIONApplication of
For a Certificate of Public Convenience
and Necessity to Provide Competitive
Facilities-Based Local Exchange and
Interexchange Telecommunications
Services in the State of Idaho
Docket No. 0 j( B- '1-11 3- () (
APPLICATION
OrbitCom, Inc.
, ("
OrbitCom
" "
Applicant" or "Company ) by its representatives and
pursuant to Idaho Public Utilities Commissions Rules and Regulations, respectfully
requests that the Commission grant it a Certificate of Public Convenience and Necessity
to provide facilities-based local exchange and interexchange telecommunication services
in the State ofIdaho. In addition, the Company respectfully requests, pursuant to Idaho
Public Utilities Commissions Rules arid Regulations, that if no request for hearing on this
application is received within the specified time, the Commission exercises its discretionary
authority to grant the requested certificate without such hearing. OrbitCom s purposes to
offer facility-based local exchange services to consumers in the State ofIdaho utilizing
combinations of unbundled network elements ("UNE'), specifically the unbundled network
elements platform ("UNE- P") and resale products purchased from the incumbent local
exchange provider. At some future date the Company may expand in facilities-based
services via its own equipment; however, at present, the Company intends to concentrate
upon provision of resale or through UNE combinations. Initially, OrbitCom will focus on
providing local and long distance services to business customers, however services will be
available to residential consumers as well. The goal will be to bring a full range
competitive telecommunication choices to consumers in the State ofIdaho. In support of its
Application, OrbitCom provides the following information:
1. The Applicant
A. Corporate Information
1. OrbitCom is a privately-held corporation formed on December 20, 2000
under the laws of South Dakota.
OrbitCom s principal address is:
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, South Dakota 57107
Telephone: [phone]
Fax: [phone]
Toll Free: [phone]
A copy of Orbit Com s Articles of Incorporation is enclosed.
2. OrbitCom is authorized to transact business in Idaho as a foreign corporation.
A copy of the Company s Certificate of Authority to Transact Business is also
enclosed. The name and address of OrbitCom s registered agent in Idaho for
service of process is:
Monte Linafelter
4080 Meadow Wood Drive
Meridian, ID 83642
3. Those persons specifically in charge of Orbitcom s Idaho operations are:
Brad VanLeur, President
Mike Powers, Vice-President
Biographical information discussing the background and experience of these
officers is appended as Exhibit A. The above listed individuals may be reached at
the following address:
1701 N. Louise Ave.
Sioux Falls, South Dakota 57107
Telephone: [phone]
Applicant's operations may be addressed to:
Brad VanLeur, President
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, South Dakota 57107
Telephone: [phone]
Toll Free: [phone]
B. Owners, Partners, or Corporate Officers
4. The following is a list of OrbitCom s owners and officers:
Brad VanLeur, President 1321 Parkview PI, Brandon, SD 57005
Michael Powers, V. President 2398 S. Roosevelt Ave., Sioux Falls, SD 57106
Jim Perry 2608 Ridgeview Way, Sioux Falls, SD 57105
II. DESIGNATED CONTRACTS
5. The designated contact for this application is:
Brad VanLeur
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, South Dakota 57107
Copies of all correspondence, notices, inquiries and orders should be sent to the
for-mentioned individual, who is the Applicant's contact person for all regulatory
compliance.
Consumer issues or customer complaints may be addressed to the following:
Brad VanLeur
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
Telephone: [phone]
Toll Free: [phone]
III. DESCRIPTION OF BUSINESS AUTHORITY REQUESTED
6. OrbitCom intends to operate as a provider of local exchange and long distance
telecommunications services in the State ofIdaho. The Company is committed to
provision a full range of competitive telecom services to both business and
residential consumers, however OrbitCom plans to focus their marketing efforts
towards business customers.
7. Currently, OrbitCom is certified to provide telecommunications in the State of
South Dakota, North Dakota, Wyoming, Colorado, Minnesota, Iowa, Montana
and Nebraska.
8. By this Application OrbitCom seeks authority from the Commission to provide
a full range of facilities-based local and long distance telecommunications
services. The Company intends to market all forms of switched and dedicated
telecommunications services, including data and internet services, through
direct sales, employees and sales agents. The Company does not plan to market
pre-paid calling cards, operator services or multi-level market.
9. With respect to the scope of its initial operations, OrbitCom proposes to operate
in those areas of Idaho approved by the Commission for provision of competitive
local exchange services. The Company respectfully requests permission to concur
in the service area map of Qwest, already on file with the Commission.
OrbitCom has successfully negotiated interconnection agreements with Qwest in all
certified and approved states. The Company plans on negotiating an interconnection
agreement with Qwest in Idaho. The Company will submit its agreements and
Company final tariffs, pursuant to the Commission s procedures, once they
become available.
IV. DESCRIPTION AND FITNESS OF THE COMPANY
10. The Company will herein, demonstrate to the Commission that it is well qualified
managerially, technically and financially to provide competitive telecommunication
services for which authority is requested in the Application.
OrbitCom s management team includes individuals with substantial experience in
the successful development and operations of a telecommunication business. The
Company is managed by persons with technical expertise in interexchange and
CLEC networks. Further details regarding the business and operational experience
of OrbitCom s officers and management are provided in Exhibit A.
11. As provided under seal as Exhibit B the financial statements of Orbit Com
Officers and management has access to sufficient capital to fund the development
and maintenance of its telecommunications operations in Idaho.
V. PROPOSED TARIFF
12. All ofthe proposed local exchange services offered by OrbitCom in Idaho will be
provided pursuant to the terms and conditions set forth in the Company s local
exchange service tariff. A draft tariff has been provided without rates and charges
as Exhibit C. A final tariff will be provided after successfully negotiating an
interconnection agreement with Qwest.
VI. BILLING INFORMATION
13. The Company will bill all of its customers directly. All invoices sent to customers
will bear the Company s name and provide a toll-free number for customer
inquiries and complaints.
VII. CUSTOMER SERVICE
14. OrbitCom will assist customers with billing questions between the hours of
8:00 A.M. and 5:00 P., Monday through Friday. Customer Service
Representatives will also be available to assist customers with other questions and
product offerings. OrbitCom will work with customers to resolve any complaints
in a satisfactory manner.
15. Written inquiries from regulatory agencies and others will be handled by
management ofthe Company. Written complaints will be properly reviewed
researched and responded to in a reasonable time.
16. Service and maintenance issues will be dealt with 24 hours a day, seven (7) days
a week, by calling toll free at [phone].
VIII. STATEMENT OF COMPLIANCE
17. The Applicant agrees to abide by all applicable statutes, orders, rules and
regulations entered and adopted by the Commission for competitive local
carriers in Idaho. The Company will allow its local exchange customers to
obtain interlata and intralata long distance service from other toll carriers as well
as local operator services and directory assistance services from other providers
on a non-discriminatory basis. Where the Company offers a service in a
particular exchange, the Company will offer that service on a non-discriminatory
basis to all customers in that exchange. The Company will provide its local
customers with a local calling area that is at least as large in scope as the calling
area of the incumbent local exchange carrier in the area.
IX. PUBLIC INTEREST CONSIDERATIONS
18. Approval of this Application will serve the public interest and result in direct
benefits to local and long distance customers in Idaho. The Company will excel
in outstanding customer service and provide packaged services that are affordable
and unique to the telecommunications industry.
WHEREFORE, OrbitCom respectfully petitions this Commission for a Certificate
of Public Convenience and Necessity to provide competitive facilities-based local
exchange and interexchange telecommunications service in the State of Idaho.
Respectfully submitted
OrbitCom, Inc.
C-.,.
By:
'--
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Brad VanLeur
OrbitCom, Inc.
1701 N. Louise Ave.
Sioux Falls, SD 57107
ARTICLES OF INCORPORATION OF VP TELECOM, INC.
CANNOT SCAN BECAUSE
OF POOR QUALITY
SEE CASE FILE
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ARTICLES OF AMENDMENT
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~~c VP Telecom, Inc.
THE UNDERSIGNED Officers and Directors ofVP Telecom, Inc. hereby
adopt the following Articles of Amendment, pursuant to SDCL 47-8 through
SDCL 47-, inclusive, of the South Dakota Business Corporation Act:
ARTICLE I
The name of the Corporation is VP Telecom, Inc.
ARTICLE II
The following Amendment ' to the Articles of Incorporation was adopted
pursuant to Resolution of the Board of Directors and unanimously adopted by the
Shareholders of the Corporation in the manner prescribed by the South Dakota
Business Corporation Act:
ARTICLE I: The name of this Corporation is OrbitCom, Inc.
ARTICLE III
The date of the adoption of the Amendment by the Shareholders was
December 19, 2002.
ARTICLE IV
The number of Shares outstanding and the number of Shares entitled to
vote thereon at the date of adoption was one hundred (100). The Corporation is
authorized to issue only one (1) class of Shares. Accordingly, no Shares were
voted or entitled to vote as a class.
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ARTICLE V
The number of Shares voted for such Amendment was one hundred (100)
and the number of shares voted against such Amendment was zero (0). The
Corporation is authorized to issue only one (1) class of Shares. Accordingly, no
Shares were voted or entitled to vote as a class.
ARTICLE VI
The Amendment does not provide for an exchange, re-classification, or
cancellation of issued Shares.
ARTICLE VII
The Amendment does not effect a change in the amount of stated capital.
Dated at Sioux Falls, South Dakota, this 19th day of December, 2002.
By 2--
Brad VanLeur
Its President and Director
By
MrChael C. Powers 1'--
---
Its Secretary and Director
VERIFICATION
BRAD V ANLEUR AND MICHAEL C. POWERS, being first duly
sworn on oath, depose and state as follows: That we are the Directors and the
President and Secretary, respectively, of VP Telecom, Inc. in the above matter;
that we have read the within and foregoing Articles of Amendment to the Articles
of Incorporation of VP Telecom, Inc. which are subscribed by us; that we know
and understand the contents thereof and have subscribed the same for the purposes
therein set forth.
Brad VanLeur
~-L- R---
chael C. Powers
State of South Dakota
: ss.
County of Minnehaha
On this the 19th day of December, 2002, before me, the undersigned
Officer, personally appeared BRAD V ANLEUR AND MICHAEL C. POWERS
who acknowledged themselves to be the Directors and President and Secretary,
respectively, and Directors ofVP Telecom, Inc., a South Dakota Corporation, and
that they being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing, in the name of the Corporation, as
President and Secretary.
IN WITNESS WHEREOF, I he
lic :. State of outh Dakota
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~Al NOTARY PUBLIC SOUTH DAKOTA f:
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My Commission Expires:
LG\A:\JQ\ VP Telecom, Inc.\#ll 09-03-002\ARTICLES.AMEND\12-19-
09/17/03 09: 21 ~1 605 336 1000 QUAINTANCE LAW 141 002
605 336 1000
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tate of Idah
CERTIFICATE OF AUTHORITY
ORBITCOM, INC.
FilS Number C t50467
, BEN YSURSA, Secretary of State of the State of Idaho, hereby certify that an
Application for Certificate of Authority, duly executed pursuant to the provisions of the
Idaho Business Corporation Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the ~uthority 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: 18 August 2003
SECRETARY OF -STATE
Received Time Sep.17. 9:23AM
202
r; APPLICATION FOR CERTIFICATE
.,.
OF AUTHORITY (For Profit)
(Instructions on Back of Application)
The undersigned Corporation applies for a Certificate of Authority and states as follows:
1. The name of the corporation is:
Orbi tCom, Inc.
2. The name which it shall use in Idaho is:Orbi tCom, I nc.
3. It is incorporated under the laws of:South Dakota
4. Its date of incorporation is:December 20, 2000
5. The address of its principal office is:
1701 North Louise Avenue, Sioux Falls, SO 57107
6. The address to which correspondence should be addressed, if different from item 5, is:
John C. Quaintance, Re istered A ent, State of South Dakota O. Box 2208
Sioux Falls, SO 57101-2208
7. The street address of its registered office in Idaho is:, 4080 Meadow Wood Drive Meridian 10 83642
Monte Linafe1ter
and its registered agent in Idaho at that address is:
8. The names and respective business addresses of its directors and officers are:
Name Office Address
Brad VanLeur Di recto r / Pres i dent
Treasurer
1701 North Loui se Avenue
Sioux Falls, SO 57107
Mi chae 1 C Powers Oi rectorjV. President
d Secre ary
1701 North Loui se Avenue
lOUX s,
Dated: July 31, 2003
SignaWre /2L
Typed Name: rc:...Wt-1 L--e 0(
Customer Acct # :
(if using pre-paid account)
Secretary of State use only
Capacity:President
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APPLICATION FOR CERTIFICATE
OF AUTHORITY (For Profit)
(Instructions on Back of Application)
The undersigned Corporation applies for a Certificate of Authority and states as follows:
1. The name of the corporation is:
Orbi tCom, Inc.
2. The name which it shall use in Idaho is:OrbitCom, Inc.
3. It is incorporated under the laws of:South Dakota
4. Its date of incorporation is:December 20, 2000
5. The address of its principal office is:
1701 North Louise Avenue, Sioux Falls, SO 57107
6. The address to which correspondence should be addressed, if different from item 5, is:
John C. Quaintance, Re istered A ent, State of South Dakota O. Box 2208
Si oux Fall s, SO 57101-2208
7. The street address of its registered office in Idaho is:, 4080, Meadow Wood Drive Meridian 10 83642
Monte L inafe 1 ter
and its registered agent in Idaho at that address is:
8. The names and respective business addresses of its directors and officers are:
Name Office Address
Brad VanLeur Di rector/ Pres i dent
d Treasurer
1701 North Loui se Avenue
Sioux Falls; SO 57107
Mi chae 1 C Powers Di rector/V. President
d S ecre ary
1701 North Loui se Avenue
lOUX s, 5710
Dated: July 31, 2003
Signaturec--~ -
Typed Name: 13 rc......l. .-e 0(
Customer Acct # :
Capacity:President
(if using pre-paid account)
Secretary of State use only
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v P TELECOM, INC.
1701 N. LOUISE AVE.
SIOUX FALLS, SO 57107
PH. [phone]
FIRST PREMIER BANK
601 S. MINNESOTA AVE.
SIOUX FALLS, SO 57104 2265
78-859/914
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DOLLARS
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11800 2 2 b 5118 I:Og ~'-tOa5gal:~ 7 0 ~ 1 2 2 :1 g 7118
QUAINTANCE LAW OFFICE
SUITE 600
SECURITY BANK BUILDING
100 NORTH PHILLIPS AVENUE
SIOUX FALLSo SOUTH DAKOTA57104-6725
JOHN C. QUAINTANCE
EMAI L qimqlopc.com
DIRECT DIAL 605/333-7898
POST OFFICE Box 2208
SIOUX FALLS, SOUTH DAKOTA57101-2208
TELEPHONE [phone]
FAX [phone]
August 14, 2003
ij of the Secretary of State
7 O/West Jefferson , Basement West
P. :. Box 83720
Bo\e , 10 83720-0080
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~PPlication for Certificate of Authority (For Profit)
,/ U'FbitCom , Inc., a South Dakota Corporation
Dear ladies an(j'Gentlemen:
----.
Enclosed for filing with your office , please find duplicate originals of an
APPLICATION FOR CERTIFICATE OF AUTHORITY (For Profit),
Certificate of Good Standing issued by the South Dakota Secretary of
State , and the Corporation s check in the amount of $100.00 for the
required filing fee. Please forward the Certificate of Authority to our office
if granted.
Please contact our office with any questions , comments, or suggestions.
Thank you.
Sincerely yours
QUAINTANCE LAW OFFICE P.
\ -
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UnCIa M. Grotewold
legal Assistant
Enclosures: Duplicate Originals of Application
Certificate of Good Standing
$100.00 Filing Fee
OrbitCom , Inc.
Mr. Jim W. Pfeiffer, CPA
Exhibit A
Brad VanLeu:r===-=P:resident ORBITCOlYI
IvIr. VanLeur has approximately sixteen (16) years experience in the
telecommunications industry. Most recently lYlr. VanLeur was VP. Of Marketing and
Operations Director for Advanced Communications. Advanced Communications was a
Central U.S. CLEC with approximately $100 million in Revenue. Mr. VanLeur was in
charge of more than 150 personnel, including all provisioning, repair, maintenance
customer service, sales, etc.
Prior to Advance Communications, Mr. VanLeur was VP and a partner in FirsTel
Ine FirsTel was certified to do business as both and Interexchange and CLEC
Telecommunication provider in SD, ND, LA, IVrN, NE and 'vVY. During this time tAr.
VanLeur was instrumental in organizing the sales, billing services and switching platfonn
for the Interexchange Business. Mr. VanLeur also int~oduced Wireless resale to FirsTel
and helped it to become the 5th largest reseller in the U.S. for 'Western 'vVireless. 11.
addition, Mr. VanLeur helped FirsTel to become one of the first CLEC'sapproved by the
Commission to do business. Duri.:.ng L~is time he successfully negotiated an agreement
with US WesT. and helped US West with important input to develop a successful
wholesale program.
Prior to FirsTeL l'vfr. VanLeur was DirecT.Or of ODerations in SD for LDDS/MCI
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\VorldCom and was invol-ved with other start-ups (Long-Lines Tele-Tech, CompuTcl and
Dial-Net) all or which were Interexchange carriers in which he held positions or General
Manager and Sales Manager.
'iNith 1Ylr. VanLeur s prior experience we hope to demonstrate to the ComL-rnission
that OrbitCom has the technical and managerial experience to successfully operate a
telecommunications service.
Biography
MichaeS Cn PlOwers
2308 S. Roosevelt Ave.
Sk~!lJX Fails, SD 57106
MkhaeR P~'wers s!art,ed h1J the COm"H.!!m1HCa1NCJ311s h1Jdustry iii1
1978 as a saHssma1!1l a!!1lraJ aa1ew saBles ma.!l"aagew for what was theau
kJ1Jown as amJ 5&~nte:r:c~rui\ect \Company ITira S~(\j)ux faa~s, SiD, semng
key iI3r:Jd PBX 'b3gephiD!111i8 systems to Dl!.Js5i11(esses ~iJi1 the iocan a!J"ea.
He remaUl!1lierl thews i!MJ1iltH 19184 '\vvhe!1'11 he geft 1:0 take a posa'tfior.l as
ge!rneraj ma!i1lagerr aiJi!d part cDW!rneir ,'Of :a s1~,;!!r'f up company caBned
TieBe- Tedh, j!!1)c., lliril S~OtiJX fallBs, JotUJlJ1ae',cl 11:0 \,Olrovnde gOiJi1g dis!a!rnce,
BOO seinJictes, alrud 1!:eieph;Oil1i8 sys\h:;!f\'ns 10 comp.:u1!ges ~n So(U!th
Daikota.tHee solid lCompu-Teil tfD ~iaa-Ne'lt jn 1989. Mir. Powews
rernaHtt'1led ;aict5ve ~n 1teuiE:c,ommu31Jka'\HomJs flOor severail years aft':~tr
thai!: pe-(oV'i(cfiff~9 .ClO&llSOUIMitiil11g se\fVk~:es 'to V3irITm,JS teMephoniC reQ43t'SQ
G;Ornpail1ffes ~ wihHe Dranchangou'fJ: a1riJ-IO 'the gaming ibiUJsaness. from
1993 'to 1995 he was pu-:esh:jernt a~riJ :CEO of C;OiIlciOrde Gaming
Rap~d Cay, SD a pubdidy hekJ f~rm. Amoil1!g other things, C.ornc:orde
financed, bum:, and operated a successful ga.mjng facmty for the
Three Affmated Tribes JJn New Town, NO, Lmde3" his te~U!l"e.
Yltij 1997 he f~iU1i?11ded a s~CC:eSSflU~ ~amHa11g c(Ompa~y ifJ11 Spoikane3
'!J'.~A. hll 1998 and 1999 rare served as regi(j)!na~ ciPerrai~~!rns ma~ager
f:or AdvZlir11Ced CiDmmiUJinflCa"Ho!rns1 ;a ;;:n.!!bHdy traded c:Dmpany based
In s~" !LiOiUJ~S1 Me, As iOperrzrt~olrns maii"\J;ageii", he siUJpepJ'Hsed bamng,
~:wstl:omeiJ se~ic:e, pn-iDvisHOinBliiI93 a:r\1d ihVJum1\",1!J1 resources TiCf
J\dlvaJri1ced \CDmml!Jj!liJgCa ~3iDnyS '\Jvhich !pifiD)v~ded cre~hJua!i":I liiD!!11g ,fijjsitairncre
;Qin1G Cl.EC services for a seven state regBOiri1 w~ith appwmdmzrbeMY
$30 0(1)0 11)(00 i~ aU1!!tlMai revenues.
Mir. 1Pzowe:rs ~asa masi:ers ;degree J!Ii! 1;HJ.ilsjlJlless :ai!i!mHfi'1J~stiJ"a'tfiiOfn1
;,rIT';Offi 'the U~hJe;(s~fJ:y ~~"f 5iOMit!h DakiDita 9 iatnJGJ ~s J~sl1:ed fin 1NhiO
~g~~
amiDU'Jg ,olUJ1!:st:aiITltdfi!ri1g AmeU"tlcaiJiJ b1UlSlli!ileSSlJuH~Ira.
IDAHO TELEPHONE EXCHANGES
AND COMPANY AREAS
MAP
SEE CASE FILE
EXHIBIT C
PROPOSED TARIFF
SEE CASE FILE