Loading...
HomeMy WebLinkAbout20061221Application.pdfLance J.M. Steinhart, P. Attorney At Law 1720 Windward Concourse Suite 250 Alpharetta, Georgia 30005 -' '" i"" r \' r-' '" v r: ! '" '::: 2006 DEC 21 Mi 9: 26 lOP, I-Ie jlU!3i ie' ILI Tli"" ':' ",\; "7' -:: I ,l:,~) ".)t\iiV.l~SIO; Also Admitted in New York and Maryland Telephone: (770) 232-9200 Facsimile: (770) 232-9208 Email: Isteinhart~telecomcounse1.com December 20, 2006 VIA OVERNIGHT DELIVERY Ms. Jean D. Jewell Idaho Public Utilities Commission Secretary 472 West Washington Street Boise, Idaho 83702 J- A O (~cX- Re: Telcentrex, LLC Dear Ms. Jewell: Enclosed please find for filing an original and three (3) copies of Telcentrex, LLC's Application for a Certificate of Public Convenience and Necessity to Provide Resold and Facilities- Based/UNE Local Exchange telecommunications services within the State of Idaho. The company has no local exchange customers at this time in the State ofIdaho and this is a new filing. APPLICANT HAS ALSO ENCLOSED ONE (1) COpy OF FINANCIAL STATEMENTS IN A SEPARATE ENVELOPE MARKED "CONFIDENTIAL AND PROPRIETARY", AND RESPECTFULLY REQUESTS CONFIDENTIAL TREATMENT OF THE ENCLOSED FINANCIAL INFORMATION. APPLICANT EXPECTS THAT THIS INFORMATION WILL BE RESTRICTED TO COUNSEL AGENTS AND EMPLOYEES WHO ARE SPECIFICALLY ASSIGNED TO THIS APPLICATION BY THE COMMISSION. I have also enclosed an extra copy of this letter to be date stamped and returned to me in the enclosed, self addressed, postage prepaid envelope. If you have any questions or if I may provide you with additional information, please do not hesitate to contaetme. M. Steinhart ttorney for Telcentrex, LLC cc:Steven Gareleck BEFORE THE IDAHO PUBLIC UTILITIES COMMISSI C E \ \j ED IN THE MATTER OF THE f\D~ DEC 2. \ fI;.1 9: APPLICATION OF Telcentrex, LLC for a Certificate of Public Convenience and Necessity to Provide Local Exchange Telecommunications Services Within the State ofIdaho CASE NO. ,' ,, ,, '""'' ' "'j;- ,:-~'V ,"' \C'S v'UTIlIT\:::S ,/.;.., '" ~ IC)('- 1-- 0 ~._- APPLICATION AND REQUEST FOR AUTHORITY Application is hereby made to the Idaho Public Utilities Commission for a Certificate of Public Convenience and Necessity authorizing Telcentrex, LLC, ("Applicant" or "Telcentrex ) to provide local exchange telecommunications services pursuant to Idaho Code Sections 61-526 through -528 and IDAP A 31.01.01.111 (Rules 111 & 112) as clarified by Procedural Order No. 26665 in Case No. GNR-96-4. The following general information and exhibits are furnished in support thereof: 1.)Applicant's legal name, address of its principal offices and telephone number are: Telcentrex, LLC 5490 McGinnis Village Place, Suite 114 Alpharetta, Georgia 30005 (404) 978-4404 The Applicant has no office located in the State of Idaho. The Applicant intends to provide resold and facilities-based local exchange service utilizing the UNE platform. Such services will be provided by utilizing the facilities incumbent local exchange carriers ("LECs ), as well as unbundled network elements. Applicant is incorporated in the State of Georgia and is in good standing under the laws of that state. In addition, the Company is authorized to do business as a foreign limited liability company in the State of Idaho. Attached as Exhibit 1 to this Application is a copy of the Company s Articles of Incorporation.A copy of Applicant's certificate of authority to transact business in Idaho is attached hereto as Exhibit 2. The name and business address of Applicant's registered agent for service in Idaho are: TCS Corporate Services, Inc. 5527 Kendall Street Boise, Idaho 83706 The names and addresses of the ten common stockholders of Applicant Owning the Greatest Number of Shares of Common Stock and the Number of Such Shares Owned by Each are: Name and Address Shares Owned Percentage of All Shares Issued & Outstanding Percentage of Voting Control Cost Management Group, LLC 100% Address: All of the shareholders can be reached through the company at the address listed in 1.) above. The names, addresses and ownership of Applicant's Officers and Directors are: Officers: Steven Gareleck President Remington Reynolds Secretary Dan Bommer Vice-President Directors: None Each can be reached at Applicant's primary place of business and telephone number as follows: Telcentrex, LLC 5490 McGinnis Village Place, Suite 114 Alpharetta, Georgia 30005 (404) 978-4404 The Name and Address of Any Corporation, Association, or Similar Organization Holding a 5% or Greater Ownership or Management Interest in Applicant are as follows: See answer to 4. above. The names and addresses of Subsidiaries Owned or Controlled by Applicant are as follows: Not applicable. Applicant initially proposes to provide resold local exchange servIces and to purchase unbundled network elements provided by existing LECs: Qwest North, Qwest South, and Verizon. Applicant has no current plans to install facilities in Idaho but may do so in the future, however, the nature and extent of the facilities to be utilized has yet to be determined. Applicant intends to provide all forms of intrastate local exchange and interexchange telecommunications services including: 1. Interexchange (switched and dedicated services): A. 1 + and 101XXXX outbound dialing; B. 800/888 toll-free inbound dialing;C. Prepaid and Postpaid calling cards; D. Directory Assistance; and E. Frame Relay and other data services. 2. Local Exchange: Local Exchange Services for business and residence customers that will enable customers to originate and terminate local calls in the local calling area served by other LECs, including local dial tone and custom calling features. Switched local exchange services such as flat-rated and measure-rated local services; vertical services, Direct Inward and Outward Dialed trunks, carrier access, public and semi-public coin telephone services, and any other switched local services that currently exist or will exist in the future. Non-switched local services (e., private line) that currently exist or will exist in the future. Centrex and/or Centrex-like services that currently exist or will exist in the future. Digital subscriber line, ISDN, and other high capacity line services. Applicant seeks authority to resell and provide facilities-based/UNE interexchange and local exchange services initially throughout the State where provided by incumbent LECs, however Applicant does not intend to service areas serviced by any LECs which are eligible for a small or rural carrier exemption pursuant to Section 251 of the Federal Telecom Act of 1996. Applicant has no current plans to install facilities in Idaho. If Telcentrex installs facilities in Idaho, it would probably use the following or a similar configuration of equipment: Telcentrex will provide voice and high speed data services through a combination of the latest technology switching and transport media comprised of the Lucent Technology 5 ESS Generic 13 switch module ADSL/SDSL transport and Internet service equipment and the latest Optical multiplexer DAC's configurations. The switching system consists of a central processing and control complex capable of interconnection as a peer to the incumbent as well as competitive local exchange companies. The hub portion of the switch will interconnect with the public switched network on Signaling System 7 SS7") or Feature Group D ("FGD") facilities. The system s remote module capability will allow properties to be served in a manner that provides the exchange of appropriate signaling, control and calling/caller information to the network in accordance with network standards and specifications. Additionally, these services will be delivered over a combination of delivery mechanisms through incumbent local carriers' unbundled loop network, both copper and fiber and transport networks, as well as via Telcentrex constructed facilities. Applicant intends to provide service upon certification and finalization of interconnection agreements with the LECs. Copies of Consolidated Financial Statements for the periods ended December 31 , 2004 December 31 , 2005 & August 31 , 2006, for Cost Management Group, LLC, Applicant's parent company, Exhibit 3, are being filed in a separately sealed envelope marked "Confidential and Proprietary". 10.A map showing where Applicant is proposing to provide service is attached hereto as Exhibit 11.)A copy of Applicant's illustrative tariff is attached hereto as Exhibit 5. Applicant will file its proposed tariff establishing its proposed services and charges upon completion of interconnection and upon receipt of certification by the Commission. 12.Questions concerning this application and Applicant's tariff should be directed to Applicant' representative: Lance lM. Steinhart Lance J.M. Steinhart, P. 1720 Windward Concourse Suite 250 Alpharetta, Georgia 30005 (770) 232-9200 (Telephone) (770) 232-9208 (Facsimile) Isteinhart~telecomcounse1.com (Email) Customer Complaints and Inquiries are to be addressed to: Brian Keperling 5490 McGinnis Village Place, Suite 114 Alpharetta, Georgia 30005 (888) 835-2368 (Customer Service) 13.Applicant has not initiated interconnection or resale negotiations. 14.Applicant has reviewed the laws and regulations of this Commission governing local exchange telecommunications services in Idaho and will provide service in accordance with all laws, rules and regulations to the extent they are not preempted by the Federal Act. 15.Applicant will not require advance payments or deposits, therefore, no escrow account is being filed. WHEREFORE, Telcentrex, LLC, requests that the Idaho Public Utilities Commission enter an order granting a Certificate of Public Convenience and Necessity authorizing Telcentrex, LLC, to provide resold and facilities-basedIUNE local exchange telecommunications services pursuant to Idaho Code Sections 61-526 through -528 and IDAPA 31.01.01.111. Respectfully submitted this ~y of ~, 2006. TELCENTREX, LLC By: Lance J. . Steinhart Attorney for TELCENTREX, LLC LIST OF EXHIBITS EXHIBIT ARTICLES OF ORGANIZATION EXHIBIT 2 CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS EXHIBIT 3 FINANCIAL INFORMATION EXHIBIT 4 SERVICE AREA MAP EXHIBIT 5 ILLUSTRATIVE TARIFF EXHIBIT 1 - ARTICLES OF ORGANIZATION Secretary of State Corporations Division 315 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CONTROL NUMBER: 0439423 EFFECTIVE DATE: 06/25/2004 JURISDICTION : GEORGIAREFERENCE : 0045 PRINT DATE : 07/06/2004 FORM NUMBER : 356 SUZANNE CARSON THE QUICK INC. CORPORATION 16000 BARKERS POINT LANE, STE. 220 HOUSTON, TX 77079 CBRTIPICATB OJ.l' ORGANIZATION I, Cathy Cox, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that TELCENTREX, LLC A GEORGIA LIMITED LIABILITY COMPANY has been duly organized under the laws of the State of Georgia on the effectivedate stated above by the filing of articles of organization in the Officeof the Secretary of State and by the paying of fees as provided by Title 14of the Official Code of Georgia Annotated. WITNESS my hand and official seal in the City of Atlanta Georgia on the date set forth above. and the State of 1IIIm 1m Ilnl 001 11m Imlmlllllllill ~~ QsIp Cathy Cox Secretary of State OFFICE OF SECRETARY OF STATE CORPORATIONS DIVISION 315 West Tower, #2 Martin Luther King, Jr. Drive AUanta, Georgia 30334-1530 (404) 656-2817 Registered agent, officer, entity status information via the Internet http://WNN.georglacorporaUons.org WARREN RARY Director ENRICO M. ROBINSON Assistant DirectorCATHY COX Secretary of State TRANSMITTAL INFORMATION GEORGIA LIMITED LIABILITY COMPANY cor.tROL ,~~J()tf6l1t DOCKIlU ' ,lnHl'-f-!~:,,~r.a. jl ~""'' ~:': ME CODe 'tH: :~" ~ ~ ; 1" ~n ; ," "", ' ,,' ' . . MOUttt " , ' ~CE~' ,'CHECK! . ," ,~! ;' ~~~:(C~tnY) doO! . " , .,, ,"..' NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM LLC Name ReservaUon Number (rt one has been obtained; If articles are being filed without prior reservation, leave this line blank) Telcentrex, LLC LLC Name List exactl as It a ars In articles Suzanne Carson, Vice President, The Quick Jnc Corporation (a TX corp). Name of person filing articles (certificate will be mailed to this person, at address below) 16000 Barkers Point Lane, Suite 220 Address Houston City 281-293-8212 Telephone Number State 77079 Zip Code 7740 Roswell Road, Suite 100 Principal Office Mailing Address of LLC (Unlike registered office address, this may be a post office box)Atlanta GA 30350City State Zip Code George Remington Reynolds Name of LLC's Registered Agent in Georgia 7740 Roswell Road, Suite 100 Registered 0fIIce Street Address of LLC in Georgia (Post office box or mail drop not acceptable for registered office address)Atlanta Fulton GA 30350City County State Zip Code Name and Address of each organizer (Attach additional sheets If necessary) The Quick Jnc Corporation 16000 Barkers Point LnOrganizer Address Suite 220, Houston City State 77079 Zip Code State ZI Codeanlzer Address Mall or deliver the following Items to the Secretary of State, at the above address:1) This transmittal form2) Original and on~py the Articles of Organization3) Filing fee of. $100.00 p yable to Secretary of State. Filing fees are NON-refundable. June 24, 2004 Date FORM 231 ,.... Articles of Organization Telcentrex, LLC Article 1. The name of the limited liability company is Telcentrex, LLC. Article 2. Management of the limited liability company is vested in the manager. IN WITNESS WHEREOF, the undersigned has executed these This 24th day of June, 2004. NOISIAIO SNOIIVHOdHO:l 00 :11 "V 5Z NOr 'Il 31V1S .:f0 A~V13~:)3S EXHIBIT 2 - CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS (Instructions on back of application) - ,.. n , ~~) t:s 'f: ~--- r;\- 253 ~~:~\ \~r' . ::c' -- ::::. c::,ci"' ,-, " APPLICA TION FOR REGISTRA TION FOREIGN LIMITED LIABILITY COMPANY " '.. ,.; ,",) :)1 1. The name of the limited liability company is: Telcentrex, LLC 2. If the name of the limited liability company is not permissible or is not available in Idaho the name the foreign limited liability company will use in Idaho is: 3. The jurisdiction under whose laws the limited liability company is organized isGeorgia and the date of its formation was June 25, 2004 4. The name and address ofthe registered agent in Idaho is: TCS Corporate Services, Inc. 5481 Kendall St., Boise, ID 83706 5. The address of the limited liability company s office in the jurisdiction under whose laws it is organized is: 5490 McGinnis Village Place, Suite 114, Alpharetta, Georgia 30005 6. The address of the limited liability company s principal office, if other than the address in #5 above, is: 5490 McGinnis Village Place, Suite 114, Alpharetta, Georgia 30005 7. The address to which correspondence should be addressed is: 5490 McGinnis Village Place, Suite 114, Alpharetta, Georgia 30005 nager, if any, or a member agers. Steven Gareleck Typed or Printed Name Manager Member 0 Secretary of State use only IDAHO SECRETARY OF STATE12/07/2006 C115: CK: 1833 CT: 287256 BH: 1818173 1 8 188.88 = 188.88 REG~ORGLLC' 2 wG~ :1) "..._'.., STATE OF GEORGIA Secretary 0 f State Corporations Division 315 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334- I 530 CERTIFICA TE EXISTEN CE , Cathy Cox, Secretlry of State and the Corporations Commissioner of the state of Georgia, hereby certify under the seal of my office that TEL CENTREX, LLC Domestic Limited Liability Company was formed or was authorized to transact business on 06/25/2004 in Georgia. Said entity is in compliance with the applicable filing and annual registration provisions of TItle 14 of the Of'fiCjal Code of Georgia Annotated and has not filed articles of dissolution, certificate of cancellation any other similar document with the office ofthe Secretary of State. This certificate relates only to 1I1e legal existence of1l1e above-named entity as of the date issued. It does not certifY whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima-facie evidence that said entity is in existence or is authorized to transact business in this state. WITNESS my hand and official seal of the City of Atlanta and the State of Georgia on 5th day of December. 2006 Cathy Cox Secretary of State Certification Number: 425094-Reference: Verify this certificate online at http://corp.sos.state.ga.uslcorplsa;kblverlfy.asp EXHIBIT 3 - FINANCIAL INFORMATION FILED AS CONFIDENTIAL AND PROPRIETARY EXHIBIT 4 - SERVICE AREA MAP : .' ,:; ').. ,J ...:., ~7/'2:3/97 16:17 '6'208 :3 34 3762 IDAHO PUC IaJ 002/002 LEGEND Existing GTE Service Area Existing U 5 West North Service Area Existing U S West South Service Area State of Georgia County of Forsyth Steven Gareleck, being first duly sworn, deposes and says that he/she is the President of Telcentrex, LLC, the Applicant in the proceeding entitled above, that he/she has read the foregoing application and knows the contents thereof; that the same are trueof his/her knowledge, except as to matters which are therein stated on information or belief, and to those ~~ers he believes them to be true, Steven Gareleck President expires: I D CLEC App before this day of ~\\\\\"I81""'111.~'\O c'. \.~' t' s.~" .;$ ~V.~~'A . 1oJ:t'\~ ~ ~..~\!;, ......"".v ~.:./.~A. ;:: .... . () ~;I' ....;:: ". (j ?) . ... '.\. ("-,(\. ...::: :;:0 V~CP~ 5* ~2 : =- r rtnr, ...: :::,; .Cl ,-Uv..J (/. i!:: . ,- r(' ;:Ii~A:. "" ()~ ~l':O ~~,;:rca.. ::;"~ "'.oI!'J ,~ . ..., . -.;)v~ IJ .oqFiv p\,) ~,lllll'lIIm\\\\\\\O