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Home My WebLink About20230414Notice of Customer Transfer of Customers to Lingo Telecom.pdfLingo 25925 Telegraph Rd., Suite 210, Southfield, MI 48033 888.405.4646 lingo.com April 13, 2023 Via E-File Ms. Jan Noriyuki, Commission Secretary Idaho Public Utilities Commission Secretary@puc.idaho.gov RE: Joint Notification of Internal Reorganization and Transfer of Customers from BullsEye Telecom, Inc. to Lingo Telecom, LLC Dear Ms. Noriyuki: Please accept the attached Joint Notification of Internal Reorganization and Transfer of Customers submitted on behalf of Lingo Telecom, LLC (“Lingo Telecom”) and BullsEye Telecom, Inc. (“BullsEye”). This transaction is scheduled to be completed effective July 1, 2023 at which time BullsEye will cease operations and will submit a request to cancel its authority to provide telecommunication services within Idaho. Any questions you may have regarding this filing should be directed to the attention of Suzanne Pagana at 407-740-3012 or via email to spagana@inteserra.com. Thank you for your assistance in this matter. Sincerely, Alex Valencia Chief Compliance Officer Lingo Telecom, LLC and BullsEye Telecom, Inc. tms: IDx2301 Enclosure AV/sp RECEIVED 2023 April 14, PM 2:46 IDAHO PUBLIC UTILITIES COMMISSION Idaho Notification - Transfer of Customers of BullsEye Telecom, Inc. to Lingo Telecom, LLC BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Joint Notification of Internal Reorganization of BullsEye Telecom, Inc. and Lingo Telecom, LLC d/b/a Trinsic Communications d/b/a VarTec Telecom d/b/a Excel Telecommunications d/b/a Clear Choice Communications d/b/a Lingo d/b/a Bullseye and Transfer of Customers Lingo Telecom, LLC d/b/a Trinsic Communications d/b/a VarTec Telecom d/b/a Excel Telecommunications d/b/a Clear Choice Communications d/b/a Lingo d/b/a Bullseye ("Lingo Telecom") and BullsEye Telecom, Inc. ("BullsEye"), collectively the “Parties”, hereby provide notice to the Idaho Public Utilities Commission (“Commission”) of an internal reorganization that will result in (1) a planned transfer of customers from BullsEye to its affiliate Lingo Telecom effective July 1, 2023 and (2) the cancelation of the Idaho telecommunications authority (“Authority”) of BullsEye upon completion of the customer transfer. Following completion of the customer transfer, BullsEye will no longer operate within Idaho and a notification will be submitted to the Commission to proceed with the cancelation of the Authority of BullsEye and any tariffs on file with the Commission. I. The Parties BullsEye is a Michigan corporation formed on March 4, 1997. Its principal office is located at 25925 Telegraph Road, Suite 210, Southfield, MI 48033. In Idaho, Bullseye is authorized to provide local and interexchange telecommunications services pursuant to Certificate No. 439 in Case No. BUL-T-04-01. BullsEye is a direct subsidiary of Lingo Management, LLC (“Lingo”) and an indirect subsidiary of Lingo Communications, LLC and B. Riley Principal Investments, LLC. Lingo Telecom is a Texas limited liability company originally incorporated on June 13, 1990 as Matrix Telecom, Inc. and converted to a limited liability company on December 28, 2015. Its principal office is located at 25925 Telegraph Road, Suite 210, Southfield, MI 48033. In Idaho, Lingo Telecom is authorized to provide local and interexchange telecommunications services pursuant to Certificate No. 468 in Case No MAT-T-07-01. Lingo Telecom is a direct subsidiary of Impact Telecom, LLC and an indirect subsidiary of Lingo, Lingo Communications, LLC, and B. Riley Principal Investments, LLC. Idaho Notification - Transfer of Customers of BullsEye Telecom, Inc. to Lingo Telecom, LLC II. The Transaction As part of an internal corporate reorganization, the Idaho customers of BullsEye are set to transfer to its affiliate Lingo Telecom on July 1, 2023. This is a pro forma assignment of customers between two affiliates with the same entities holding the controlling interest in both Bullseye and Lingo Telecom. Exhibit A contains an overview of the corporate structure of Lingo and its subsidiaries prior to and upon completion of the merger and transfer of customers. Following the transfer, BullsEye customers will be served by Lingo Telecom and BullsEye will no longer operate within Idaho. A notice of consummation and request to proceed with the cancelation of the Authority of BullsEye will be submitted to the Commission upon completion of the customer transfer. III. Customer Impact BullsEye provides service to contracted enterprise business customers only. The transition from BullsEye to Lingo Telecom, which operates under the assumed name of “Bullseye”, will be virtually transparent. BullsEye customers will not incur any charges or immediate changes to services, terms and conditions, or rates as a result of the transfer to BullsEye’s affiliate, Lingo Telecom. Customer notice of the transfer began running in BullsEye invoices on February 17, 2023 and will continue to run thru June 2023. Following the customer transfer BullsEye customer invoices will continue to be issued under the BullsEye brand. Included as Exhibit B is a copy of the customer notice being provided to the Idaho customers of BullsEye. III. Request for Waiver The Parties respectfully request a waiver of any state or federal slamming regulations regarding the transfer of customer bases. BullsEye and Lingo Telecom are affiliates under the same management with the transfer being virtually invisible to customers. Following the transfer BullsEye customers will continue to receive service under the same terms, conditions, and rates and will continue to be billed under the “Bullseye” brand. The FCC has stated that “…a change in corporate structure that is invisible to the affected subscribers does not constitute a sale or transfer for purposes of section 258 … Indeed, in such cases, requiring notice of a change that is imperceptible to the affected subscribers might cause confusion where there would otherwise be none.” 1 1 First Report and Order in CC Docket No. 00-257 and Fourth Report and Order in CC Docket No. 94-129, 2000 Biennial Review - Review of Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, FCC 01-156. Idaho Notification - Transfer of Customers of BullsEye Telecom, Inc. to Lingo Telecom, LLC V. Contact Information Correspondence with regard to this filing should be sent to: Carey Roesel Consultant to Lingo Telecom, LLC and BullsEye Telecom, Inc. Inteserra Consulting Group 151 Southhall Lane, Suite 450 Maitland, FL 32751 Telephone: 407-740-3006 Facsimile: 407-740-0613 Email: croesel@inteserra.com with a copy sent to Alex Valencia Chief Compliance Officer Lingo Telecom, LLC and BullsEye Telecom, Inc. 25925 Telegraph Rd., Suite 210 Southfield, MI 48033 Telephone: 972-910-1900 Facsimile: 866-418-9750 Email: alex.valencia@lingo.com VI. Public Interest Statement The proposed customer transfer is an internal corporate reorganization that will reduce costs and provide enhanced operational and economic efficiencies. The resulting savings will provide greater opportunities to improve the services available to Idaho customers. Consequently, this transaction is consistent with the public interest. WHEREFORE, for the reasons stated above, Lingo Telecom and BullsEye submit that the public interest, convenience and necessity would be furthered by this transaction and respectfully request approval, to the extent necessary, of the internal reorganization and transfer of customers from BullsEye Telecom, Inc. to its affiliate Lingo Telecom, LLC effective July 1, 2023. Lingo Telecom, LLC BullsEye Telecom, Inc. Exhibit A Corporate Structure Exhibit A-1 - Pre-Consolidation Exhibit A-2 - Pre-Consolidation !! "#!$ % &'( #!! #)#!!* +" + +,!"#!!! $! -.!$",! ! /'( #!#!! % #!! 0+ #!! *!1! Lingo Telecom, LLC BullsEye Telecom, Inc. Exhibit B Customer Notice Customer Notice Customer Notice – Transfer of customers from BullsEye Telecom, Inc. to Lingo Telecom, LLC d/b/a BullsEye. Please note that your BullsEye services will be provided by Lingo Telecom, LLC d/b/a BullsEye effective July 1, 2023. There will be no changes to your service and there will be no change in your terms and conditions or rates. You may find all applicable terms and conditions of service and tariffs, located at https://www.lingo.com/legal.