20031119Application.pdf

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VOLO COMM U NICATIONs.INC.
WWVIi.volocommunic~tions;com .
151 $. Wymore Road..5uite3000
Altamonte Springs,FL32714
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UTlLlIJES COhr1lSSION
phone: [phone]
fax: [phone] November 14, 2003
Via Overnie:ht Delivery
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ill 83702-5983
208-334-0300
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RE:Application ofVo10 Communications of Idaho, Inc. for Certificate of Public Convenience and
Necessity.
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of our Application for a Certificate of Public
Convenience and Necessity to Provide Facility-based and Resold Competitive Local Exchange and
Interexchange Services, our initial CLEC TariffP.c. No.1 and IXC TariffP.C. No.
The Company has submitted under separate cover a Motion for Protection Order requesting confidential
treatment of the Company s financial documents. The fmancial documents are enclosed in a separate
envelope marked "Confidential " and are not intended for public display.
The Company proposes to offer facilities-based and resold local telecommunications services and
interexchange intrastate telecommunications services to carrier and non-residential subscribers in Idaho.
Please acknowledge receipt of this filing by returning, file-stamped, the extra copy of this cover letter in the
self-addressed stamped envelope provided for that purpose.
If you should have any questions regarding this filing, please do not hesitate to call Ken Duarte at 407-389-
3232 or email him at kduarte~volocommunications.com
Thank you for your assistance with this filing.
'(1.
Shawn M. Lewis
President / CEO
cc: K. Duarte
Enclosures
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OF THE STATE OF IDAHO
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Application of V 010 Communications of
Idaho, Inc. for a Certificate of
Public Convenience and Necessity to
Provide Facilities-Based and Resold
Competitive Local Exchange Services within
the Idaho.
Application No. Vdt
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APPLICATION OF YOLO COMMUNICATIONS OF IDAHO, INC.
Date: November 13 , 2003
Shawn M. Lewis, President / CEO
V 010 Communications of Idaho, Inc.
151 S. Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
Telephone: [phone]
Fax: [phone]
Volo Communications of Idaho, Inc.Page
APPLICATION OF YOLO COMMUNICATIONS OF IDAHO, INc.
Yolo CommunicationsofIdaho, Inc. ("Applicant"), hereby requests a certificate
of public convenience and necessity ("CPCN") from the Idaho Public Utilities
Commission ("Commission ) to provide facilities-based and resold competitive local
exchange telecommunications services. Applicant seeks authority to provide these
services in the service territories of Qwest and Verizon Idaho, Inc. ("Verizon ). In
support of its Application, Applicant provides the following information:
Volo Communications of Idaho, Inc.Page
PROPOSED SERVICES
The exact legal name of Applicant is V 010 Communications ofIdaho , Inc.
a corporation organized under the laws of the State of Delaware. Applicant is a
subsidiary ofVolo Communications, Inc., which is a wholly owned subsidiary ofCaerus
Inc. Mr. Shawn M. Lewis is the President and CEO of all entities. Its principal place of
business is 151 South Wymore Rd., Suite 3000, Altamonte Springs, FL 32714-4254. Its
phone number is [phone].
Applicant requests authority to provide competitive local exchange carrier
CLEC") services through a combination of facilities owned by it and the resale of local
exchange services of other carriers. Applicant requests authority to provide these
facilities-based CLEC services in all Idaho service territories of Qwest and Verizon.
Initially, Applicant proposes to offer its CLEC services to carrier and business customers
in select Idaho locations, although the company s initial marketing efforts will be focused
on the carrier market. However, Applicant requests statewide authority in order that it
may rapidly respond to new and changing market conditions and the need for CLEC
services in other parts of the state.
Applicant proposes to offer CLEC Services through the use of one or more
switches which it proposes to purchase and facilities through the resale of other Qwest
Verizon, or CLEC local services such as local transport and termination. Other than the
installation and provisioning of one or more switches in office buildings, Applicant does
not at this time propose any "outside" construction such as the installation of fiber optic
cable either underground or on existing utility poles. Applicant's CLEC services will
include both voice and data communications services, mainly for carrier and business
customers.
Volo Communications of Idaho, Inc.Page
II.FORM OF BUSINESS
V 010 Communications of Idaho, Inc.
151 South Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
c. 1. Applicant, a telecommunications service provider, proposes to
offer facilities-based and resold local service, interexchange toll service, conference
calling, and voice enhanced services throughout Idaho.
Delaware
151 South Wymore Rd., Suite 3000
AltamonteSprings, FL 32714-4254
No principal address in Idaho.
c. 4.5. Copies of Applicant's articles of incorporation filed with
the Delaware Secretary of State and Certification of Qualification in the State of Idaho
are attached hereto as Exhibit A.
Name and address of registered agent for service in Idaho:
Capitol Corporate Services, Inc.
355 W. Myrtle Ste 102
Boise, ill 83702
800-345-4647
2. 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, as follows:
LIST OF ALL DIRECTORS AND PRINCIPAL STOCKHOLDERS
WITH THE PERCENTAGE OF SHARES HELD BY EACH
N arne/Title Address % of Shares Owned &
Votin2 Control
151 S. Wymore Rd.
Shawn M. Lewis Suite 3000 30%President / CEO Altamonte Springs, FL
32714-4254
Malcolm Jones same 20%
Nicholas A. Iannuzzi, Jr.sameEsq.
Volo Communications of Idaho, Inc.Page
II.FORM OF BUSINESS (Continued)
Names and addresses of the officers and directors of applicant:
Shawn M. Lewis President / CEO
151 South Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
Michael Khalilian, VP / CTO
151 South Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
4. Name and address of any corporation, association, or similar organization
holding a 5% or greater ownership or a management interest in the Applicant. As to
ownership, the amount and character of the interest must be indicated. A copy of any
management agreement must be attached.
No corporation, association, or similar organization holds a 5% or greater
ownership or a management interest in the Applicant.
Names and addresses of subsidiaries owned or controlled by applicant.
Applicant has no subsidiaries that it owns or controls.
Vola Communications of Idaho, Inc.Page
III.TELECOMMUNICATION SERVICE
1. The date on which applicant proposes to begin construction or anticipates
it will begin to provide service:
Applicant proposes to begin construction or anticipates it will begin to
provide service 3Q2004.
2. A written description of customer classes and customer service( s) that the
applicant proposes to offer to the public:
Applicant proposes to offer facilities-based and resold local service
interexchange toll service, conference calling, and voice enhanced services
throughout Idaho. All services are offered to Carrier and business
customers, although the company s initial marketing efforts will be
focused on the Carrier market.
Volo Communications of Idaho, Inc.Page
IV.SERVICE TERRITORY
1. A description sufficient for determining whether service is to be offered in
a particular location; and the names of all incumbent local exchange corporations with
whom the proposed utility is likely to compete:
Applicant's proposed facilities-based and resold CLEC services will
compete with the services provided by incumbent local exchange carriers
such as Qwest and Verizon and with other IPUC-certificated CLECs, the
identities of which are known by the Commission.
2. Written description of the intended manner of service, for example, resold
services or facilities based. A general description of the property owned or controlled by
applicant.
Applicant proposes to offer facilities-based and resold local service
interexchange toll service, conference calling, and voice enhanced
services. Applicant will lease collocation space and facilities from ILECs
Competitive Access Providers ("CAPs ) and other CLECs.
A statement describing with whom the applicant is likely to compete:
The applicant is likely to compete with the ILECs.
4. A description of the property owned by the applicant clarifies the
applicant's proposed services and operation.
Applicant will purchase its own switching facilities. Applicant will lease
collocation space and facilities from ILECs, Competitive Access Providers
CAPs ) and/or other CLECs.
Volo Communications of Idaho, Inc.Page
VI.
VII.
FINANCIAL INFORMATION
Applicant does not intend to construct any facilities. Applicant intends to fund its
operations through existing assets, internally-generated cash, and financing
procured from private investors. Applicant's financial documents are confidential
and filed under seal. Please see Exhibit B.
ILLUSTRATIVE" TARIFF FILINGS
Applicant's proposed local carrier tariff describing the rates , services, and
relevant terms and conditions of service is attached hereto as Exhibit C.The
discretionary services and rates set forth in this tariff are "placeholders" and will
be modified and finalized after Applicant receives its operating authority. As that
time, Applicant will file its tariff with the Commission setting forth its actual
service offerings and rates. Please see Exhibit C.
CUSTOMER CONTACTS
Contact information for the Applicant:
a). The name, address, and telephone number and electronic mailing
addresses (if available) of the person( s) responsible for consumer inquiries and
complaints from the public.
Kara Boehm- Director of Customer Care & Provisioning
151 South Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
407-389-3232 (main) 407-389-3233 (fax)
k boehm (f9v 0 oto mm uni cations. com
A toll-free number for customer inquiries and complaints.
866-711-2663
c) The name, number and electronic mailing addresses (if available)
of the person( s) designated as a contact for the Commission Staff for resolving
complaints, inquiries and matters concerning rates and price lists or tariffs.
Ken Duarte - Director of Regulatory Affairs and Carrier Relations
151 South Wymore Rd., Suite 3000
Altamonte Springs, FL 32714-4254
407-389-3232 (main) 407-389-3233 (fax)
kd uarte(f9v 0 ocomm urn cations. com
Volo Communications of Idaho, Inc.Page
VIII. INTERCONNECTION AGREEMENTS
1. Statements of whether the applicant has initiated interconnection
negotiations and, if so, when and with whom.
Applicant has initiated and completed negotiations with BellSouth (IQ2003),
Sprint (2Q2003), and is currently completing negotiations with Verizon.
IX.COMPLIANCE WITH COMMISSION RULES
A written statement that the applicant has reviewed all of the Commission rules
and agrees to comply with them or a request for waiver of those rules believed to be
inapplicable.
The Applicant has reviewed all of the Commission rules and agrees to comply
with them or make a request for waiver of those rules believed to be inapplicable.
ESCROW ACCOUNT OR SECURITY BOND
1. If a company requires advance deposits by its customers, the company
must submit a signed copy of an escrow account with a bonded escrow agent or a security
bond. The escrow or bond shall be sufficient to meet customer deposit refunds in case of
company default.
2. At the Commission s discretion, an additional deposit may be required to
keep customers whole in case of company default.
3. The Commission will review the individual requirement of establishing an
escrow or security account by the Company upon good showing by the Company for a
period of two years.
Prior to offering services as a certificated telecommunications provider
Applicant will submit a signed copy of an escrow account with a bonded escrow
agent or a security bond. The escrow or bond shall be sufficient to meet customer
deposit refunds in case of company default.
Volo Communications of Idaho, Inc.Page 10
WHEREFORE, Applicant respectfully requests that the Commission grant
this Application for a CPCN authorizing it to provide competitive facilities-based and
resold competitive local exchange telecommunications services in the Idaho services
territories of Qwest and Verizon.
Respectfully submitted this 14th day of November, 2003 at Altamonte
Springs, Florida.
Yolo Communications ofIdaho , Inc.
By a1v~Shawn M. Lewis
President/CEO
Volo Communications of Idaho, Inc.Page
VERIFICATION
I hereby declare under penalty of perjury under the laws of the State of
Idaho that the foregoing information and all attachments are true, correct, and complete
to the best of my knowledge and belief after due inquiry, and that I am authorized to
make this application on behalf of the applicant named above.
Signed: 1l!~
Name:Shawn M. Lewis
Title:President/CEO
Date:11 / 14/2003
Street:151 S. Wymore Rd., Suite 3000
Address:Altamonte Springs, FL 32714
Phone:[phone]
Fax:[phone]
Volo Communications of Idaho, Inc.Page
INTENTIONALLY LEFT BLANK
Volo Communications of Idaho, Inc.Page
EXHIBIT A
Copy of Articles of Incorporation and Certificate of Qualification
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State o~ Idaho
Orrice of U10 Secretary of State
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FilelNumber C 15~4~4
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I, BEN YSURSA. Secretary o(.State of the ~e of Idaho, hereby certify that an
Ap ication for Certificate of AuthOritt,dUIY execut~d ~ursuant to the provisions of the
Ida 0 Business Corporation Act, ha~ been receivec; in: this office and is found to
con rm to law. !
CERTIFICATE OF AU~HORITY
, VOLO COMMUNICATIONS ~F IDAHO, INC.
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ACCORDINGLY and by virtue; of the author~ vested in me by law, I issue this
Cart fiesta of Authority to transact bu,ihes& in this $tBt~ and attach hereto a duplicate of
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the pplication for such certificate. 'r'
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; 28 October 2003
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SECRETARY OF STATE
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'Defaware PAGE
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'The :first State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COpy OF THE CERTIFICATE OF INCORPORATION OF IIVOLO COMMUNICATIONS
OF IDAHO, INC. II , FILED IN THIS OFFICE ON THE TWENTY-SECOND DAY
OF OCTOBER, A.D. 2003 , AT 4:01 O'CLOCK P.
A FILED COpy OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE
KENT COUNTY RECORDER OF DEEDS.
3718424 8100
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Harriet Smith Windsor, Secretary of State
AUTHENTICATION: 2708734
030679129 DATE: 10-24-03
Stat.. of DQlaPlareSecretary of State
Division of Corporations
Delivered 04:12 PM 10/22/2003FILED 04:01 PM 10/22/2003
SRV 030679129 - 3718424 FILE
ST ATE of DEL A WARE
CERTIFICATE ofINCORPORA TION
STOCK CORPORATION
. Fint: The name of this Corporation is Yolo Conununications of Idaho. Inc.
. SecolJd: It$ registered office in the State of Delaware is to be located at 615 South
DI,lPont Hij;thwav..Street, in the City of Dover. DE.County of Kenl, Zip Code~. The
registered agent in charge thereohs Capitol Services. me.
. Tbird: The purpose of the corporation is to engage in any lawful act or activity for
which corporations may be organized under the General Corporation Law of
D~laware.
. Fourth: The total number of shares of stock, which this corporation is authorized to
issue, is fifteen hundred (1.500) Shares at No Par Value.
. Fifth: The name and mailing address of the incorporator are as follows:
Name: ShawnM. Lewis
Mailing Address: IS1 South WymOtS Ild.. Suite 3000
Altamonte Sorings. FL 32714-4254
. Sixth: The Board of Directors shaJ 1 have the power to adopt. amend or repeal1he by-
laws.
. Seventh: No director shall be personally liable to the Corpontion or its stockholders
for monetary damages for any breach of fiduciary duty by such director as a director.
NotWithstanding the foregoing sentence, a director shall be liable to the extent provided
by applicable law, (i) for breach afthe director's duty of loyalty to the Corporation or its
stockholders, (ii) for acts or omissions not in good faith oflaw, (iii) pursuant to Section
174 of the Delaware General Corporation Law or (iv) for any transaction from which the
director derived an improper persona1 benefit No amendment to or repeat of this Article
Seventh shall apply to or have any effect on the liability or alleged liability of any
director of the Corporation for or with respect to any acts or omissions of such director
occurring prior to such amendment.
. I, The Undersigned, for the purpose of forming a corporation under the laws of the
State of Delaware. do make. file and record this Certificate, and do certify that the facts
herein stated are true, and 1 have accordingly hcr~unto set my hand this 22M day of
October, AD 2003.
BY: Is! Shawn M. Lewis
Shawn M. Lcwi5, Incorporator
Volo Conununications of Idaho, Inc.
Volo Communications of Idaho, Inc.Page
EXHIBIT B
Applicant's Financial Statements
(Filed under seal)
Volo Communications of Idaho, Inc.Page
EXHIBIT C
CLEC/IXC Tariffs