Rm3 NOV November 25,2002

Transcription

1 ,.j % NOWALSKY, BRONSTON & GOTHARD A Professional Limited Liability Company Attorneys at Law Leon L. Nowalsky 3500 North Causeway Boulevard Monica Bo1 Benjamin W. Bronston Suite 1442 EllenAnn C Edward P. Gothard Metairie, Louisiana Bruce C. Be Telephone: (504) Facsimile: (504) Philip R. A Le Haab Sands der ams, Jr. November 25,2002 Via Overnight Delivery Mr. Thomas M. Dorman, Executive Director Kentucky Public Service Commission 211 Sower Boulevard P.O. Box 615 Frankfort, KY Rm3 NOV RE: Epixtar Communications Corp. Dear Mr. Dorman: Enclosed herewith for filing please find an original and four (4) copies of the Informl filing and proposed tariff of Epixtar Communications Corp. for authority to operate reseller of long distance services in the State of Kentucky. on Please acknowledge receipt of this filing by date stamping and returning the additio of this letter in the self-addressed envelope provided. Thank you for your assistance. If you should have any questions regarding the applil please do not hesitate to call. Sincerely, Monica Borne Haab Enclosure

2 Before the PUBLIC SERVICE COMMISSION OF KENTUCKY IN THE MATTER OF THE INFORMATIONAL FILING OF EPIXTAR COMMUNICATIONS COW. FOR AUTHORITY TO AUTHORITY TO OPERATE AS A LONG DISTANCE RESELLER THROUGHOUT THE STATE OF KENTUCKY ) ) ) No. ) Epixtar Communications Corp. hereby submits the following information in accordance with the I: wisions of Admimstrative Case No. 359, and its proposed tariff in accordance with 807 KAR 5:Oll. 1. The name, post office address, telephone and fax number of the applicant company are: Epixtar Communications COT Bixcayne Blvd. Suite 262 Miami, Florida Ph. (305) Fx. (305) Toll Free: A copy of the Company s Articles of Incorporation and Certificate of Authority are attach i hereto as Exhibits A and B. 3. The name, street address, telephone and fax numbers ofthe responsible contact person(s) for ustomer complaints and regulatory issues: Customer Service and Renulatow Contact: William D. Rhodes, President Biscayne Blvd. Suite 262 Miami, Florida Ph. (305) Fx. (305) wrhodes@gahimail.com 1

3 1. A notarized statement that the company has not provided or collected for intrastate service in :ntucky prior to filing its tariff is attached as Exhibit C. 2. The company does not seek authority to provide operator assisted services to traffic aggr tors as defined in Administrative Case No The company s proposed tariff is attached as Exhibits D. 4. The Company will bill customers through a third party billing agent. No sample bill is ai WHEREFORE, Epixtar Communications Corp. requests that the Public Service Commis able. n of the Commonwealth of Kentucky grant Applicant authority to engage in the resale of ink.change telecommunications services to the public in accordance with applicable laws currently in effect or 1 :inafter enacted by the Commission. Respectfblly submitted this &y of hhwm I.@moa2 Epixtar Communications Corp. By: Nowalsky, Bronston & Gothard 3500 N. Causeway Blvd., Suite 1442 Metairie, Louisiana Ph. (504) Fx. (504) mhaabanbglaw. com 2

4 VERIFICATION OF APPLICANT STATE OF ) 1 ss: COUNTY OF 1 I, William D. Rhodes being first duly sworn, state that I am President of Euixtar Corn1 Corn.. the Applicant herein; that I have reviewed the matters set forth in the Application and Exhibl statements contained therein are true to the best of my knowledge, except as to those matters which on information or belief, and as to those matters I believe them to be true. d the Zted Epixtar Communications Corp. By: My Commission Expires:

5 EXHIBIT A ARTICLES OF INCORPORATION

6 ARTICLES OF INCORPORATION -c SirCi The undersigned incorporator, for the purpose of forming a corporation und&&' Business Corporation Act, hereby adopts the following Articles of Incorporation. ARTICLE I NAME The name of the corporation shall be: EPIXTAR COMMUNICATIONS COW. ARTICLE I1 PRINCIPAL OFFICE The principal place of business and mailing address of this corporation shall be: BISCAYNE BOULEVARD SUITE # 262 MIAMI, FLORIDA ARTICLE I11 PURPOSE The Corporation is organized to engage in all lawful acts or activities and to tram and all lawfbl business for which corporations may be incorporated under the law State of Florida, including: to purchase, lease or otherwise acquire, own, hold, h i dispose of real or personal property. ARTICLE IV SHARES The number of shares that this corporation is authorized to have is: ONE THOUSAND (1000) ARTICLE V OFFICERS AND DIRECTORS President: WILLIAM RHODES, JR. ADDRESS: BISCAYNE BOULEVARD SUITE # 262 MIAMI, FLORIDA Secretary: JASON WATT ADDRESS: BISCAYNE BOULEVARD SUITE # 262 MIAMI, FLORIDA ARTICLE VI INITIAL REGISTERED AGENT AND STREET ADDRESS The name and address of the initial registered agent is: FILED 02 J JRJ 25 At-! 8: 48.ct any of the ove or 1

7 DEBORAH GAMBONE, ESQ BISCAYNE BOULEVARD SUITE # 262 MIAMI, FLORIDA ARTICLE VI1 INCORPORATOR The name and address of the incorporator of this corporation is: DEBORAH GAMBONE, ESQ BISCAYNE BOULEVARD SUITE # 262 MIAMI, FLORIDA I Having been named as registered agent to accept service of process for the abov stated corporation at the place designated in this certificate, I hereby accept the appoin ent as registered agent and agree to act in this capacity. I further agree to comply ith the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agen. i The undersigned incorporator has executed these Articles of Incorporation on the indicated. 2

8 EXHIBIT B KENTUCKY CERTIFICATE OF AUTHORITY

9 ~ COMMONWEALTH OF KENTUCKY JOHN Y. BROWN 111 SECRETARY OF STATE John Y. Browi Secretary of s Received and F 10115/200; Fee Receipt: $ io9 II te,d rl:20 PM LOO P Blevins PlOl I APPLICATION FOR CERTIFICATE OF AUTHORITY Pursuant to the provisions of KRS Chapter 2716, 273 or 274, the undersigned hereby applies for authority to tra Kentucky on behalf of the corporation named below and for that purpose submits the following statements: 1. The corporation is a business corporation (KRS 2716). 0 a nonprofit corporation (KRS 273). 0 a professional service corporation (KRS 274). 2. The name of the corporation is Epixtar Communications Corp. 3. The name of the corporation to be used in Kentucky is Epixtar Communicstions Corp.. Wh.1 mm. k mdllbk lor-) Florida is the state or country under whose law the corporation is incorporated. 5. 6/25/02 is the date of incorporation and the period of duration is pewetua1 6. The street address of the corporation's principal office is Biscayne Blvd., Suite 262, Miami, Florida Bhrt alv SImh 7. The street addreis of the corporation's registered office in Kentucky is 400 West Market Street, Suite 1800 Louisville KY 8m( uy SW* and the name of the registered agent at that office is National Registered Agents, Inc. 8. The names and usual business addresses of the corporation's current officers and directors are as follows: President William D. Rhodes, Jr Biscayne Blvd.. Suite 262, Miami, Floridz Vice President Secretary Jason M Y~H Treasurer Biscayne Blvd., Suite 262, Miami, Florid, Biscayne Blvd., Suite 262, Miami, Florid: Directors William D. Rhodes, Jr (AH& a continuation ~heel. if necessary) 9. If a professional service corporation, all the individual shareholders. not less than one half of the directors, and all of t tinan he secretary ana treasurer zie 1icens;d in one or more states or territories of the United S?ates or District of Col a professional service described in the statement of purposes of the corporation. 10. A certificate of existence duly authenticated by the Secretary of State accompanies this application. 11. This application will be effective upon filing, unless a delayed effective date and/or time is specified: d fbbnd&i.dni.. - act business in LlP bd =P cod I31 81 officers other ibia to render William D. Rhddes, Jr., President Date: O L 1. National Registered Agents, Inc. ~ypa prim rvmd mud, consent to serve as the registered a ent on behalf of ' National Registered Agents, Tnc. Bv: corporation. SSC-101 (7RB) (See attached sheet for instructions)

10 COMMONWEALTH OF KENTUCKY JOHN Y. BROWN 111 SECRETARY OF STATE STATEMENT OF CONSENT OF REGISTERED AGENT Pursuant to the provisions of KRS Chapter 2718, 273, 275 or 362, the undersigned hereby consents to a agent on behalf of the business entity named below and for that purpose submits the following statements: t as registered 1. The business entity is c$ a corporation (KRS 271 B or KRS 273) 2. The name of the business entity is ' 0 a limited liability company (KRS 275) 0 a limited partnership (KRS 362) 3. The state or country of incorporation, organization or formation is 'F\m\ do, 4. The name of the initial registered agent is National Registered Agents, Inc. 5. The street address of the registered office address in Kentucky is 400 West Market Street, Suite 1 BOO Louisville KY s+n( uv St& *cede sibmdu8 of RgiCtmbLpnt,harles A. Coyle - Asst.! f or National Registered Agents, Inc. ecr e tary (See Snpched rhwl fur instructions\

11 - - Bpyartrnpnf of BtatP I certify from the records of this office that EPIXTAR COMMUNlCATlC CORP., is a corporation organized under the laws of the State of Florida, file( June 25,2002. The document number of this corporation is PO I further certify that said corporation has paid all fees due this office thro December 31, 2002, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. VS on Given under my hand and tt Great Seal of the State of Flor at Tallahassee, the Capitol, this Second day of October, 201? la :he 2 CR2E022 (7-02)

12 EXHIBIT C NOTARIZED STATEMENT

13 AFFIDAVIT I, William D. Rhodes, President of Epixtar Communications Cop. do hereby ceitlfythat the has not provided or collected for intrastate service in Kentucky prior to filing of this application ti / - Epixtar fl Sworn to d subscribed bqfore me this day of &,7? 2 w. 3 My Commission Expires:

14 EXHIBIT D PROPOSED INTEREXCHANGE TARIFF