EARLY, LENNON, CROCKER & BARTOSIEWICZ, P.L.C.

Transcription

1 1992) EARLY, LENNON, CROCKER & BARTOSEWCZ, P.L.C. ATTORNEYS AT LAW 900 COMERCA BULDNG KALAMAZOO, MCHGAN TELEPHONE (269) FACSMLE (269) GEORGE E. LENNON ROBERT M. TAYLOR DAVD G. CROCKER RON W. KMBREL MCHAEL D. O'CONNOR PATRCK D. CROCKER HAROLD E. FSCEER, JR ANDREW J. VORBRCA LAWRENCE M. BRENTON TYREN R CUDNJCY GORDON C. MLLER STEVEN M. BROWN GARY P. BARTOSEWCZ KRSTEN L. GETMG BLAKE D. CROCKER VN JO F COUNSEL 'SON BENNETT r. PETERS, JR. ENT T. EARLY [ ZW) CPE J. BURGE (1926 ~ Helen Helton, Executive Director Kentucky Public Service Commission 21 1 Sower Blvd Frankfort, KY RE: Application of Esodus Communications, nc. d/b/a NSTATONE, for a Cei Authority to Provide Resold Local Exchange Service and lnte Telecommunication Services in the State of Kentucky ificate of 2xchange Dear Ms. Helton: Enclosed for filing with the Commission, please find an original and four (4) copies 0' captioned Corporation's Application for Certificate of Authority to Provide Resold Locz Service and lnterexchange Telecommunication Services in the State of Kentucky. n addition, enclosed is a duplicate copy of this filing. Please date-stamp the duplicate it in the enclosed postage-paid envelope provided. he above -xchange nd return Should you have any questions concerning this filing, please contact the undersigned. Very truly,@rs,

2 BEFORE THE PUBLC SERVCE COMMSSON OF KENTUCKY N THE MATTTER ) OF THE NFORMATONAL FLNG OF ) ESODUS COMMUNCATONS, NC. d/b/a NSTATONE 1 No. FOR AUTHOFUTY TO OPERATE AS A RESELLER OF ) NTEREXCHANGE AND LOCAL EXCHANGE 1 TELEPHONE SERVCE THROUGHOUT KENTUCKY ) Esodus Communications, nc. d/b/a NSTATONE hereby submits the following informal n in accordance with the provisions of Administrative Case No. 359 and its proposed tariffs i accordance with 807 KAR 5:Oll The name, post office address, telephone and fax number of the applicant corpora Esodus Communications nc. d/b/a NSTATONE 1020 Spruce Drive Belleair Beach, FL Telephone: (727) Facsimile: (727) Toll Free: REMNDER A copy of the Company s Articles of ncorporation and Kentucky Certificate of k is attached hereto as Exhibits A and B. The name, street address, telephone and fax numbers of the responsible contact pi for customer complaints and regulatory issues: Michael Servos, President 1020 Spruce Drive Belleair Beach, FL Telephone: (727) Facsimile: (727) A notarized statement that the company has not provided or collected for intrastal service in Kentucky prior to filing its tariff is attached as Exhibit C. n are: hority o m

3 5. The company does not seek authority to provide operator assisted services to traff aggregatory as defined in Administrative Case No The Company s proposed tariffs are attached as Exhibits D and E. 7. A sample Company bill is attached as Exhibit F. WHEREFORE, Esodus Communications, nc. d/b/a NSTATONE requests that th Service Commission of the Commonwealth of Kentucky grant authority to engage in the local exchange and interexchange telecommunications services to the public in accordsu Public sale of e with applicable laws currently in effect or hereinafter enacted by the Commission. H Respectfully submitted this day of October, 200 Esodfd ations, nc. d/b/a NSTA: )NE & Bartosiewicz, P.L 7 2. (616)

4 VERFCATON STATE OF FLORDA ) 1 ) COUNTY OF 7 9-e \ks ss:, Michael Servos, being first duly sworn, state that am the President o Communications, nc., the Applicant herein; that have reviewed the matters set foi Application and Exhibits and the statements contained therein are true to the best of my kn except as to those matters which are stated on information or belief, and as to those matters them to be true. Esodus in the vledge, believe Esodus Communications, nc. By: Sworn to and subscribed before me this a7 day of,20g a-4 Notary Public &s-ev My Commission Expires: 3- tsc2a$

5 ' EXHBT A Articles of ncorporation

6 April 24,2001 FLORDA DEPARTMENT OF STATE Katherine Harris Secretary of State EARLY, LENNON, CROCKER & BARTOSEWCZ, P.L.C. ATTN: PATRCK D. CROCKER 900 COAMERCA BULDNG KALAMAZOO, M Re: Document Number P The Articles of Amendment to the Articles of lnco oration of EXC COMMUNCATONS NC. which changed its name to SOD 1;S COMMUNCA NC., a Florida corporation, were filed on April 16,2001. Should you have any uestions regarding this matter, please telephone ( , the Amendment Fi ing Section. Doug Spitler Document Specialist Division of Corporations Letter Number: 801A NK )NS, 487- Division of Corporations - P.O. BOX Tallahassee, Florida 32314

7 certify from the rewords of this oftice that EXCELNK COMMUNlCATONS N1 k a corporation organlzsd under the laws of the State of Florlda, flled c November 8,1898, The document number of this wrporation is P , further certify that said corporation has pald all fees and penalties due this offic through December 31,1996, and ts status is active. further certiry that $aid corporation has not filed Articles of Dissolution. Given under my hand Qreat Seal of the State &lo% at Tallahaesee, the Capitol thb e Ninth day of November,,1898 cmeo22 (2.96)

8 - The meof tbe oorporstian rhrll be; EXCELNK COMMUNCATONS NC. ARTCLES OF NCORPORATON BTJC&El bpirrcipjpw 1020 SPRUCE DRVE BELLEAR BEACH, FL Thennnbadrharesdrbodcthrt~aorponrran is-tohave~dmyoastimc 1000 SHARES MCHAEL SERVOS 7020 SPRUCE DRVE BEUEAR BEACH, FL MCHAEL SERVOS 1020 SPRUCE DRVE BELLEAR BEACV, FL (PC:

9 1. ' December 27,2001 NSSATONE 1020 SPRUCE OR BELEAR BEACH, FL! 3336, ' " ' ' '!i.... Subjbt: NSTATONE... ' i REQSTRATON NUMOER:. G01360~7 fictitious name registration which This registration gives no tights to i every five ear6 betw en year to rnainta Y n registrati 'k n: ment of tenewal wlll be mailed. T d z THE RESPONS llw OF THE BUSNESS TO NOTFY THS OFFCE N NRlflNG F THER M Uffi ADDRESS CHhNGES. Whenever corresponding habe probide assigned Registration Numbdr. questbns regarding this matter you may contact our office! i ' a..i i i '!'.. t.

10 EXHBT B Certificate of Authority to Transact Business

11 COMMONWEALTH OF KENTUCKY JOHN Y. BROWN 111 John Y. Br n 111 Secretary o State u540?6m09 Received an Filed Fee Receipt: $90.00 CDuryea P01 4. Florid a (ti hd nm * UWdW caw) 5. November 9, 1998 is the date of incorporation and the period of duration is oration s principal office is - i President Michael Servos Vice President Vasilios Servos Secretary Michael Servos Treasurer Vasilios Servos 9. f a professional service corporation, all the individual shareholders, not less than one half than the secretary and treasurer are licensed in one or more states or territories of the Uni a professional servlce described in the statement of purposes of the corporation.

12 COMMONWEALTH OF KENTUCKY JOHN Y. BROWN 111 SECRETARY OF STATE 0540( John Y. B Secretary Received a : Fee Receil CDuryea c226 un 111 State Filed 02 09:18 AM $20.00 CERTFCATE OF ASSUMED NAME This certifies that the assumed name of NS TATONE Nm vdrwhkh Uw Mma M k mndud.dl has been adopted by Esodus Communications, nc. Reel name - KRS (1)] which is the real name of [you MUST CHECK ONE] a Domestic General Partnership a Domestic Registered Limited Liability Partnership a Domestic Limited Partnership a Domestic Business Trust a Foreign General Partnership a Foreign Registered Limited Liability F a Foreign Limited Partnership a Foreign Business Trust rtnership a Domestic Corporation a Domestic Limited Liability Company a Joint Venture x a Foreign Corporation a Foreign Limited Liability Company organized and existing in the state or country of - Florida, and who: 1020 Spruce Drive, Belleair Beach. FT, c Stnaaddmsc,fany The cedi te of assumed name is executed by Vasilios Servos, V. P. /Treasurer RhlLWlyp.mUdW. OLr-/6-63- Slat. Michael Servos. P r w RnahranmndY(* address is 7778h. Zb- k SSC-226 (7/98) (See attached sheet for instructions)

13 EXHBT C Notarized Statement

14 AFFDAVT STATE OF FLORDA COUNTY OF 71 \\ 1 ss S 1 Michael Servos, President of Esodus Communications, nc.( Esodus ) first being duly oath, deposes and says that Esodus has neither provided nor collected money from custom1 Kentucky for intrastate interexchange or local exchange telecommunication services. om on within Esodus Corpunications, nc. The foregoing instrument was acknowledged before me this 27 day of h 20d by Michael Servos. Notary Public For the County of?inc\\&j My Commission Expires: 3- ) 5 - ZOO&( Seal