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HomeMy WebLinkAbout20150522Revised Application.pdfBEFORE THE PUBLIC UTILITIES COMMISSION OFTHE STATE OF IDAHO APPLICATION OF VITCOM LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE FACILITIES-BASED AND RESOLD LOCAL EXCHANGE AND INTEREXCHANGE SERVICES IN THE S'TATE OF IDAHO DOCKET NO. VtT{-ts-ol APPLICATION OI. VITCOM LLC FOR A CERTIFICATE OF PI.JBLIC CONVENIENCE AND NECESSII'Y TO PROVIDE FACILITIES-BASED AND RESOLD LOCAL EXCHANGE AND TNTEREXCHANGE SERVICES IN THE STATE OF IDAHO VITCOM" LLC ("VITCOM"). by'its undersigned counsel and pursuant to ldaho Code $$ 6l-526- 528. IDAPA -31 .01.01.1 I l. Procedural Order No. 26665. and the rules of the Public Utilities Commission of Idaho ("Commission"). hereby'applies lbr a Certificate of Public Convenience and Necessity to authorize it to provide thcilities-based and resold local exchange telecommunications services throughout the State of ldaho and notifies the Commission of its intent to provide interexchange senices. 'fhe State of Idaho has adopted a policy of allowing competition in the local and long distance telecommunications markets. recognizing that it is in the public interest to develop ef'tective competition to ensure that all consumers will have access to high quality'. lou'cost. and innovative telecommunications sen,ices. The tbderal Telecommunications Act of 1996 also seeks to promote competition and reduce regulation in order to secure lower prices and higher quality'telecommunications services for American consumers. Both goals will be promoted by $anting this Application. In support of its application. Vitcom submits the following information: Page I of7 I. INTRODUCTION 1. Vitcom is a limited liability corporation organized on April 25,2006, under the laws of the State of New York. Vitcom was authorized to provide telecommunications services in New York in NY DPS case no. 06-C-0554. 2. ldentification of applicant and principal business office: Company Name: Vitcom LLC Street Address: 1425 37th Street, Suite 210, Brooklyn, NY I l2l8 President and Telephone/Fax: Zalmen Ashkenazi, President, Zl2-S7l-4000 Phone / 718-689-1379 Facsimile COPIES OF ALL CORRESPONDANCE SHOULD BE SENT TO: Mordy Gross, Esq., Law Oftices of Mordy Gross,22l Pine St., Lakewood, NJ 08701, phone (484) 680-0768, tax (646) 726-9615, email mordysross@gmail.com 3. Consumer complaint contact: Zalmen Ashkenazi, President, 212-57 l-4000 Phone I 7 18-689-1379 Facsimile 1425 37th Street, Suite 210 Brooklyn. NY I l2l8 877 766 n99 Authority to Transact Business in ldaho A Certificate of Authority to Do Business as a Foreign Corporation in ldaho is attached hereto as Exhibit A. Vitcom's agent for service is: lnCorp Services, Inc. Page} of7 1524 S. Vista Ave. Suite l2 Boise. lD 83705-2536 '[he officers and directors of Vitcom are: Zalmen Ashkenazi. President 5. General description of the sen'ices to be offered and how it would enhance competition in the area to be sen'ed Upon receiving certiflcation. the company intends to provide interstate and intrastate resold and facilities-based/UNE telecommunications senices in Idaho. including the following: l. Interexchange (su{tched and dedicated services): A. l+ and l0lXXXX outbound dialing: B. 800/888 toll-free inbound dialing: C. Prepaid and Postpaid calling cards: D. Directorl' Assistance: and E. Frame Relay and other data sen,ices. 2. Local Exchange: A. Local Exchange Sen,ices for business and residence customers that will enable customers to originate and terminate local calls in the local calling area sen'ed by other LECs. including local dial tone and custom calling lbatures. B. Switched local exchange sen,ices such as flat-rated and measure-rated local sen'ices: vertical sen ices. Direct Inward and Outward Dialed trunks. carrier access. public and semi- public coin telephone services. and any other switched local sen'ices that currently exist or will exist in the furure. C. Non-su'itched local senices (e.9..private line) that currently exist or will exist in the future. D. Centrex and/or Centrex-like services that currentlv exist or will exist in the future. E. Digital subscriber line. ISDN. and other high capacity line sen'ices. F. VOIP Sen'ices. Page 3 of 7 Grant of this Application will further the public interest and enhance competition by expanding the availability of competitive telecommunications services in the State of ldaho. In addition. intrastate offering of these services is in the public interest because the services will provide customers with access to new technologies and service choices, and can permit customers to achieve increased efticiencies and cost savings. Applicant's entry into the telecommunications services market thereby will enhance materially the telecommunications infrastructure in the State of ldaho and will facilitate economic development. In particular, the public will benefit directly, through the use of the competitive services to be offered by Applicant, and indirectly, because the presence of Applicant in this market will increase the incentives for other telecommunications providers to operate more efficiently, offer more innovative services, reduce their prices, and improve their quality of service. 6. Service Territorv Applicant requests authority to operate throughout the State of ldaho. Therelbre. Vitcom seeks statewide authority, At this time, Vitcom does not seek to terminate any small or rural exemptions existing under Section 251 (fX I ) of the Federal l'elecommunications Act of 1996; however, Vitcom seeks statewide authority so that it may expand its service areas as those areas become open to competition. Vitcom will provision telecommunication services through a combination of its own facilities, facilities leased from other carriers, and resale of facilities and equipment of Incumbent Local Exchange Carriers ("lLECs") operating in ldaho. Vitcom's facilities may include ducts. wires, cables, end-office switches, telecommunications equipment and other telecommunications transmission facilities. Facilities-based service will be provided via (l) commercial wholesale agreement with incumbents or other carriers, (2) Vitcom's own tacilities, or (3) a combination thereof. Page 4 of7 7. COMPLIANCE WITH COMMISSION RULES Vitcom"s statement that it agrees to comply with all applicable ldaho laws and Commission rules and regulations is attached hereto as Exhibit D. Applicant willcomply with allapplicable Commission rules. regulations and standards. and will provide safe. reliable and high-quality telecommunications services in ldaho. 8. ESCROW ACCOI.INT OR SECURITY BOND Vitcom does not require deposits for retail customers. 9. Information suflicient to support assertion regarding linancial qurlifications As evidence that Vitcom possesses the required financialqualifications to provide services. attached are Vitcom's financial statements. as Exhibit B. 10. Information sullicient to support assertion regarding managerial qualilications As evidence that Vitcom possesses the required managerial qualifications to provide services. attached are Vitcom's manager's resumes and biographies. as Exhibit C. I l. Information sufficient to support assertion regarding technical qualifications As evidence that Vitcom possesses the required technical qualitications to provide services. Vitcom presents the following information: The Applicant will initially provide services b1'resale and by purchasing unbundled network elements from the ILECs. The Applicant may construcl its own transmission and s*'itching facilities. utilizing fiber optics. microwave, copper cables. carrier, digital, analog, and other technologies. The Applicant intends to utilize its Class 5 su'itch currently located in Manhattan and intends to collocate telecommunications equipment in central otlrces in ldaho. Remote vehicles and other switches may subsequently be installed in other areas. The facilities may be used fbr both switched and private line traffic and shall include the provision of business switched local exchange service. The facilities constructed by the Applicant may be used separately or in conjunction with similar facilities provided by or obtained from other entities. Page 5 of 7 12. List of Jurisdictions where authoritl' erists or is pending: Vitcom is cerrit'ied by the Department of Public Sen,ices ol'the tbllow'ing states: o Fkrrida . lndiana o Michigan o Nelada o Neu'.lerse1, o Neu'Yorko Oregon o Penns)'lvaniao Rhode Islando '['exas o Ljtah o Vemront o Washington Vitcom has applied lbr certitlcation in the tbllowing states: o Mar)'lando Massachusetts o (lolorado o lowa o Ohio. New Hampshire Vticonr's authoritl' has not been reroked in an1' state. 13. Statement as to civil or criminal proceedings I'here have been no civil or criminal proceedings against the applicant in an)'iurisdiction. l.l. Request for Confidentialitl' Applicant submits under seal as Exhibit B confidential tinancial statements representing Applicant's financial status. Applicant requests that Exhibit B be atlbrded contidential treatment as this infbrmation is protected b1' lau' fiom public inspection. examination or copl,ing- in accordance w,ith Section 9-340D(2). Idaho Code. 'Ihis exhibit contains tlnancial inlbrmation. w,hich. if disclosed. would result in substantial harm to Applicant's competitir,e position. As shown in the infbrmation pro'u'ided. Applicant is financialll'qualitied to operate within ldaho. Page 6 of 7 ln view of the toregoing, Applicant hereby respectfully submits that the public convenience and necessity would be served by the grant of this Petition for Approval to Provide Local Exchange and Interexchange Telecommunications Services throughout the State of ldaho. Brooklyn, NY March 10, 2015 Respectfully Su bmitted President Page 7 of 7 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO APPI-ICATION OF VITCOM LLC rOR A CERTII.ICA'TE OF PUBLIC CONVENIENCE AND NECESSITY I'O PROVIDE FACILI'TIES-BASED AND RESOLD LOCAL EXCHANGE AND INTEREXCHANGE SERVICES IN THE STATE OF IDAHO AFFIDAVIT IN SUPPORT State of tvr*l [ortr DOCKET NO. Countl'of h,n$J ) )ss ) I. Zalmen Ashkenazi. being duly' su'orn" make this my aff'rdavit and state: I am the President of Vitcom. LLC. and as such. I have personal knowledge of the t'acts as to which I af'firm. and I certif,v its truth and accurac)'. to the best of my'knouledge. information and belief. On behalf of applicant. I have read the Attached Petition and I affirm the truth and accuracy of its statements to the best of my knowledge. infbrmation and belief. I also aflrm Vitcom will compl-v- r.r'ith all applicable ldaho lau,s and Commission rules and regulations. Vitcom will comply u'ith all applicable Commission rules. regulations and standards. and will provide saf'e, reliable and high-quality telecommunications services in ldaho.. tlblu Zalmen Ashkenazi. President Vitcom. LLC Subscribed and sworn to before {Notary'Stamp} date II. III. /- jlr,f r me on frqrd f(). Z0 gby: MordochdGrw AtlonryudGodortlLr No.02(t6Zll0j0 QdifiodbXhgcqntyCmtlooginr AFi26,2Ott My commission expir r, 4 lz-e / i {Notary Signature}{Date} List of Exhibits Exhibit A - Authority to Transact Business. Foreign Corporation Qualification Exhibit B- Financial Statements [CONFIDENTIAL; I-INDER SEPARATE COVERJ Exhibit C - Resumes and Biographies Exhibit A - Authority to Transact Business, Foreign Corporation Qualification Sfate of ldaho CERTI FICATE OF AUTHORITY OF VITCOM LLC File NumberW 143292 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: October 16,2014 {l*W SECRETARY OF STATE Exhibit B- Financial Statements [CONFIDENTIAU UNDER SEPARATE COVER] Exhibit C - Resumes and Biographies Zalmen Ashkenazi Zalmen@vitcom.net President, Industry recognized professional with 22 years of experience in telecommunications focusing on revenue assurance, cost optimization and profitability. Respected leader of technical teams, back office operations and corporate communications depaftments. Design and orchestrate network deployment that effectively promotes product growth and profitability. Expeft in the technical, conceptual and content development of network planning. Proven ability to drive and deliver planned deployment of network interconnects. Skills Network Planning and forecast . New Product Planning & executiona a a o Creative Team Leadership Contract Negotiations o Technical Development of Training Materials Best cost routing o Cost audit and analysis PIaned & Deployed Nationwide VoIP platform for Transit network 2OO9-2O13 Planed & Deployed New York Interconnect Network with Verizon, 2005 - 2010 PIaned & deployed Transition from TDM to VoIP for SMB and enterprise, 2OO2- 2005 Professional Experience Tandem Transit LLC- Brooklyn, NY CTO, LLlzOOg to t2/2ot3 Directly responsible for defining and executing detailed regular cost and performance analysis and recommendation along the optimization process chain, the functional service units and vendor types. Selected Accom p I ish ments :o Identified the network frameworks and requirements, defined and aligned requirements with the corporate efforts and oversaw the system related realization and implementation. Responsible for forecast, negotiation and deployment of Interconnect Networks with other Tandem carriers to establish a facility-based network.o Deployed a full redundant VoIP network to operate as a TANDEM nationwide.o Proactively drove the improvement of efficiency and effectiveness of internal provisioning process to deliver timely and fulfill customers'expectation.o Leveraged strengths in cost-effective network re-design and vendor negotiations to end each year an average of 15o/o under-budget (without compromising business growth goals). Work directly with finance for monthly Cost of Goods Sold & Margin reporting. Zalmen Ashkenazi Page t XCHANGE TELECOM CORP - Brooklyn, NY Vice President, Network Operations,912005 to 11/2009 Developed and implemented plans for UNE-L and CLEC facilitis based, for cost reductions, revenue assurance and profitability. o Audited and groomed voice network to optimize and cut cost by approximately 4Oo/o.o Implemented best cost routing for quality and cost reduction.o Implemented process and policy surrounding pricing. Responsible for all tariff filings.o Responsible for all products margin reporting to demonstrate profitability of the various business units. Provided guidance to maximize profitability.. Build and developed the migration for resale to facilities based. Vitcom Corporation - New York, NY CEO , 6/L996 to 6/2001 Advanced through a series of promotions, primarily responsible for company's profitability through detailed product margin reporting, pricing analysis, least cost routing, network planning and contract negotiations. . Planned and deployed First Voice Over IP network nationwide serviced through 6 switches in the United States. Responsible for least cost routing in a 14-switches fully ubiquitous network (6 in USA, 1 in Canada, 7 in Europe). o Accountable for all audits/verification of vendor invoices including filing disputes and handling dispute resolutions & settlements. o Provided detailed margin reporting. All Business units were held responsible for profitable contribution to the growth of the company. The monthly management margin report was an instrumental tool utilized for operations. It provided a comprehensive view of entire business operations. Boro Tel - New York, NY President , 21t992 to 5/L996 Built and developed Payphone Coin operated phones, throughout the city of New York o Managed a team of installers and repair crew of over 1000 payphones. o Install over 1000 phones in a period pf 16 month's. o Sold with great success Technology Software: Equinox, Routing Translation DMS250, DMS500, MetaSwitch, MS Office (Word, Access, Excel, PowerPoint), SMS/800 Database, HP-12C Education Untied Talmudical academy - Monroe , NY Zalmen Ashkenazi Page 2 30 Avenida D, 1+45 Ciudad de Plata ll, Zona 7 Gualemala, Guatemala Mobil +01 1 (502) 2473 8903 E-mall luan@vitcom.net Juan Garlos Quan ObicctiYe Proiessiond ergerlence Senior Management Position in an lndustry where I can contribute with my wide expeience in sales, consulting, busrness development in emerging markets aN profit developing strategies. 2013 - To date Vileom Corn Florida Chlef Fhuncial Officer. Responsible lor the Accounting department. Set up Treasury, budgeting and Cash llow 2OOg - To dale TandamTransit LLC GhielFinancial Officer. Responsible lor the Accounting department ' Set up Treasury, budgeting and Cash flow 2005 - 2009 Fuslon Telecom (VolP Divisionl Fort Lauderdale. Florida Regbnal Director t-a0n Americar VolP DEvbion. Developed and manage Sales and Support channds through models of profit sharing deals, Joint Ventures and Services lor Cable operators, lSPs, Private Labsls, Resellers and Direct Sales.. Created VolP services business models for sales to Ex Pats, Residential, SoHo, Corporate, Gall shops, With solutions lrom Softphones, ATAs and specialized killing services.. lmplemented Call Center VolP services with an array of solutions lrom Sip Trunking, Hosted lP PBX and Asterisk options among others, with specialized Call Center requirement features.. Organized the Latin America division lor Sales and Support channels. Obtained a full Telecommunications License in the Dominican Republic 2004 - 2005 Fusion Telecom (Carrier Division) Fort Lauderdale. Floridi Manager latin America, Busircss Dar. Ganier DMslon. Negotiated lnterconnection contracts lor Central America, Mexico and Cuba. Created a business model lor corporate sales for VolP services New York Educatlon 2OOO - 2OOd Vlteam Cornarallan Miami Flnrida Gentrel Amrica and Garibbean Buslneos Developrent Manage ' Negotiated lnterconnection contracts in El Salvador, Guatemala, Nicaragua, Mexico and Cuba. Negotiated, lmflemented and managed POPs in El Salvador, Guatemala, Honduras, Mexico, Haiti, Jamaica, Colombia, Panama. Personally generated sales of over US$ 20 Million with prolhs ol over US$ 4 Million 1996 - 2OOO Omcna Grnrrn San Salvador Fl Salvador Chlef Operatlng OfEcer Holding company lor Computer Sales and services stores in 3 countdes. ResponsiUe lor overall market sfategy, as well as financial operations of the group. Responsible for international operations in Honduras, Guatemala and ElSalvador Sales ol US$ 11 Million per year 1984 - 1996 Omega Electr6nica San Salvador. El Salvador Gerpral Manager Company dedicated to the sale ol computer hardware, soltware, service contracts and training.. Founderofthecompany. Created specialized divisions for Networking, Microsoft Certified Training, Government Sales, Retail and Corporate Sales Divisions ( 75 emfloyees ). Negotiated distribution for lBM, Compaq, Acer, Microsoft, Novell. Sales o, US$ 7 Million per year 1983 - 1984 Omega Electr6nica Guatemala. Guatemala Salec Manqer. Co-founder ol the company ' Responsible lor sales of Personal Computers division '1982 -1983 Omega Data Genter Guatemala. Guatemala SaLs tUtanagol. Co-Founderolthe company. Responsible for sales ol Data Processing Services 1978-1982 Universitv Of Southern Mississlooi Hattiesburo, MS BS Bucinecs Adninisfiation