Leon L. Nowalsky Benjamin W. Bronston Edward P. Gothard

'e NOWALSKY, BRONSTON & GOTHARD

A Professional Limited Liability Company Attorneys at Law

3500 North Causeway Boulevard Suite 1442

Metairie, Louisiana 70002 Telephone: (504) 832-1984 Facsimile: (504) 831-0892

October 18,2002

Via Overnight Delivery

Mr. Thomas M. Dorman, Executive Director Kentucky Public Service Commission 21 1 Sower Boulevard P.O. Box 615 Frankfort, KY 40602-061 5

RE: Alticomm, Inc.

Dear Mr. Dorman:

Enclosed herewith for filllig please find an original and four (4) copies of t,e lnforma filing and proposed tariff of Alticomm, Inc. for authority to operate as a reseller of 1 distance and local exchange services in the State of Kentucky.

Please acknodedge receipt of this filing by date stamping and returning the additior of this letter in the self-addressed envelope provided.

Thank you for your assistance. If you should have any questions regarding the applic please do not hesitate to call.

Sincerely ,

Monica Borne Haab

Enclosure

Before the PUBLIC SERVICE COMMISSION OF KENTUCKY

-

3. The name, street address, telephone and fax numbers ofthe responsible contact person(s) for

In the Matter of THE INFORMATIONAL FILING OF ) ALTICOMM, INC. FOR AUTHORITY TO 1 OPERATE AS A RESELLER OF INTEREXCHANGE ) No. AND LOCAL EXCHANGE TELEPHONE SERVICE ) THROUGHOUT KENTUCKY )

Alticomm, Inc. hereby submits the following information in accordance with the provisions of Adm

Case No. 359 and its proposed tariffs in accordance with 807 KAR 5:O 1 1.

1. The name, post office address, telephone and fax number of the applicant corporation are

Alticomm, Inc. 1 15 Shawmut Road Canton, MA 02021 Ph: (78 1) 989-4500 Fx: (78 1) 989-45 12 Toll Free: 1-866-282-4200

2. A copy of the Company's Articles of Incorporation and Kentucky Certificate of ! ,~thority ill

hereto as Exhibit A.

complaints and regulatory issues:

Remlatorv Contact

James Cornblatt Director of Regulatory Affairs 1 1 5 Shawmut Road Canton, MA 02021 Ph: (781) 989-4500; Ext. 165 Fx: (781) 989-4512

1

Customer Service Contact

Kathryn Hennessy V.P. of Operations 115 Shawmut Road canton, MA 02021 Ph: (781) 989-4500; Ext. 202 Fx: (78 1) 989-45 12

istrative

attached

:ustomer

4.

5.

6.

7.

A notarized statement that the company has not provided or collected for intrastate service in 1

prior to filing its tariffs is attached as Exhibit B.

The company does not seek authority to provide operator assisted services to traffic aggre

defined in Administrative Case No. 330.

The company’s proposed tariffs are attached as Exhibits C and D.

A sample Company bill is attached as Exhibit E.

WHEREFORE, Alticomm, Inc. requests that the Public Service Commission of the C o r n

-

of Kentucky grant authority to engage in the resale of local exchange and interexchange telecoms

services to the public in accordance with applicable laws currently in effect or hereinafter enact

Commission.

Q=- Respecthlly submitted this & day of o&,kc, 2 0 Q Z

Alticomm, Inc.

By: Monica Borne Haab Nowalsky, Bronston & Gothard 3500 N. Causeway Blvd. Suite 1442 Metairie, Louisiana 70002 Ph. (504) 832-1984 Fx. (504) 83 1-0892

2

.ntucky

itors as

1Wealth

cations

by the

VERIFICATION OF APPLICANT

I, James Cornblatt , being first duly sworn, state that I am Director of Regulatory A8 Alticomm. Inc. the Applicant herein; that I have reviewed the matters set forth in the Application a n d and the statements contained therein are true to the best of my knowledge, except as to those matters I stated on information or belief, and as to those matters I believe them to be true.

irector of Regulatory Affairs

Sworn to and subscribed before me this e y of Qk&c 201c)2

Notary Public

My Commission Expires:

MONICA BORNE HAAB Notary Publlc, state of M a n a

Mv Commission is for W.

of Khibits ich are

-

EXHIBIT A ARTICLES OF INCORPORATION AND

KENTUCKY CERTIFICATE OF AUTHORITY

I COMMONWEALTH OF KENTUCKY

JOHN Y. BROWN 111 SECRETARY OF STATE

054529, John Y. Browr Secretary of 8 Received and F

09126l2002 Fee Receipt: $'

APPLICATION FOR CERTIFICATE OF AUTHORITY -

Pursuant to the provisions of KRS Chapter 2718. 273 or 274, the undersigned hereby applies for authority to trans; Kentucky on behalf of the corporation named below and for that purpose submits the fdlowing statements:

1. The corporation is

2. The name of the corporation is

i./1 a business corporation (KRS 271B). 0 a nonproffi corporation (KRS 273). 0 a professional service corporation (KRS 274).

____I_--------. ALTICOMM, INC. -__--_--_- 3. The name of the corporation to be used in Kentucky is

4. MASSACHUSETTS

5. MARCH 27,1998 PERPETUAL - is the date of incorporation and t k period af duration is

6. The street address of the corporation's principal office is 115 SHAWMUT ROAD, CANTON, MA 02021

7. The street address of the corporation's registered office in Kentucky is

ALTICOMM, INC. ------___ ~

w - m l n m - r u r r i r a l a y

is the state or country under whose law the corporation is incorporated.

SM ow SlmU

Louisville KY - 400 West Market Street, Suite 1800

National Registered Agents, Inc.

--- s1nn 8w.

and the name of the registered agent at that office is

-_ 8. The names and usual business addresses of the corporation's current officers and directors are as follows:

115 Shawmut Road, Canton, MA 02021 President James J. Vanecko

Vice President Alexander Bok 115 Shawmut Road, Canton, MA 02021 Secretary -____--

Treasurer Lawrence Raskv 115 Shawmut Road, Canton, MA 02021

Directors see attached

-

- -__I

9. If a professional service corporation, all the individual shareholders, not less than one half of the directors, and all of thc than the secretary and treasurer are licensed in one or more states or territories of the United States or District of Colur 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: --

(Cdayedded~ed

Date: - --I--- National Registered Agents, Inc.

, consent to serve as the registered agent on behalf of th ~ _ _ _ _ _ _ _ 1. - T W a p""t name d ngslerd aged National Registered Agents, Inc.

By: d Rwste&-&-d

seeattached - Type a Pnrd Name 6 T*k

SSC-101 (7i98) (See attached sheet for instructions)

PBlevins 09 PlOl

! I 5 4 AM DO

business in

---

ficers other 3 to render

M a ume)

irpomtion .

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 ad agent on behalf of the business entity named below and for that purpose submits the following statements:

1. The business entity is & a Corporaton (KRS 2718 or KRS 273) 0 a limited liability company (KRS 275)

a limited partnership (KRS 362)

2. The name of the business entity is

\vir rrnm .>c . 3. The state or country of incorporation, organization or formation is b%kmu fV?-& 5 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 1800 Louisville KY .%re( uy si8b

. -.

sgnatMofngir(.nd.gent Charles A. Coyle - Asst. S For National Registered Agents, Inc.

Date: cw -2-0

(.See attached r W for instrudionsl SSC-109 17/981

j registered

40202 24-

:retary

Officers

James J. Vanecko, President 115 Shawmut Road Canton, Massachusetts, 0202 1

Lawrence Rasky, Treasurer 115 Shawmut Road Canton, Massachusetts 0202 1

Alexander Box, Clerk 115 Shawmut Road Canton, Massachusetts 0202 1

Directors

Joan Bok 11 5 Shawmut Road Canton, Massachusetts 0202 1

James Crain 115 Shawmut Road Canton, Massachusetts 0202 1

William Davis 115 Shawmut Road Canton, Massachusetts 0202 1

Robert Strickland 115 Shawmut Road Canton, - -_ Massachusetts 0202 1

Thomas Martin 115 Shawmut Road Canton, Massachusetts 0202 1

Lawrence Rasky 1 15 Shawmut Road Canton, Massachusetts 0202 1

of the Gomnronwealth

September 13,2002 TO WHOM IT MAY CONCERN:

I hereby certify that according to the records of this office,

ALTICOMM, INCI

is a domestic corporation organized on March 27,1998, under the General Laws of the Commonwealth of Massachusetts.

I fWhei certify that there are no proceedings presently pending under the Massachu General Laws Chapter 156B section 101 for said corporations dissolution; that articles of dissolution have not been filed by said corporation; that, said corporation has filed all annu reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office.

In testimony of which,

I have hereunto *ed the

Great Seal of the Commonwealth

on the date f h t above written.

Secretary of the Commonwealth

*MGL Chapter 156B Section 83A provides that certain consolidations and mergers may be 1 with the division within thirty days after the effective date of the merger or consolidation.

e3

The Commonwealth of Massachusettes William Francis Galvin

Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 021 08-1512

Telephone: (61 7) 727-9640

Federal Identification Number: 00061 1317

We, ALEXANDER T. BOK, V

and ALEXANDER T. BOK, C

of EASTERN TELEPHONE. INC. located at: 115 SHAWMUT RD. CANTON, MA 02021

certify that these Articles of Amendment affecting articles numbered:

Article 1 0 Article 2 Article 3 0 Article 4 0 Article 5 0 Article 6

of the Articles of Organization where duly adopted at a meeting held on May 07, 2002 by vote of:

Type, Class & Series (if any) Shares Outstanding I Of Shares 1 1,000 COMMON 1,000

ARTICLE I

The exact name of the corporation. as amended is:

ALTICOMM, INC. ~~~~~~~

ARTICLE II

The purpose of the corporation, as amended, is to engage in the following business activities:

ARTICLE 111

As amended, state the total number of shares and par value, if any, of each class of stock which the corporation to issue:

The total presently authorized is:

Par Value Per Share Total Authorized by Articles of Organization of Total lssu Class of Stock Enter 0 if no Par Amendments and Outstai

Nurn of Shares Total Par Value

j authorized

ding

ARTICLE IV

If more than one class of stodc is authorized, state a distinguishing designation for each class, as ameneded. Pric issuance of any shares of a class, if shares of another class are outstanding, the corporation must provide a-desa preferences, voting powers, q u a l i o n s , and special or relative rights or privileges of that dass and of each ether which shares are outstanding and of each series then established within each class.

ARTICLE V

As arneneded, the restrictions imposed by the Articles of Organization upon the transfer of shares of stock of any

As arneneded, other lawful provisions for the conduct and regulation of the business and affairs of the corporatio! voluntary dissolution. or for limiting, defining, or regulating the powers of the corporation, or of its directors or stocl of any class of stockholders:

ARTICLE VI

The foregoing amendment(s) will become effective when these Articles of Amendment are filed in accordance wit Laws, Chapter 1568, Section 6 unless these articles specify, in accordance with the vote adopting the amendmen effective date not more than thirty days after such filing, in which event the amendment will become effective on s date.

to the ition of the lass of

lass are:

SIGNED UNDER THE PENALTIES OF PERJURY, this 22 Day of August, 2002.

ALEXANDER T. BOK,

ALEXANDER T. BOK,

for i:; olders, or

0 2001 Secretary of the Commonwealth of Massachusetts All Rights Reserved

General a later :h later

c

WilltamFrandsGahrin Secretary of the Commonwealth

One Ashbutton Place, Boston, Massachusetts 02108-1512

CERTIFICATE OF CHANGE OF PRINCIPAL OFFICE (General Laws, Chapter 156B, Section 14)

--

Al.cxander T. Bok , ‘Cle.1 I, I__.I - .- ----_--

of--- _.._. - _._____ E a s t e r n ~ ________ Telephone, Snc.

having a principal officc at _ _ _ _ 70 Franklin street, BOston, MA 02110

(Fkact name of corporation)

(Street addres.c of corporation in Massacbuetis)

ce l i fy f l in t ptmwant to General laws, Chapter 156l3, Section 14, the directors of said corporation baVC Ch of the principal oflicc of the corporation to:

- - -----.-- 115 ----- Shawmut -.-- Road’Canton, MA 02021 ( N c u s slrcct address of corporation in Massachusetts includins number, street, city or tOUm a m

- >

gcd the location

q J cone.)

To provide t e i e p m n e azc related setrvices; t o mq general ly in any 5usiness w E c h may lawfully be car=ie corporatLon fornet! under Chlptez 1568 of tSe &..real I, Massachusetts.

. . -. . _ _ - - . ' > .- - 1

e

N/X

. . t

* .

i E !

I

of ;ny m C Q ,

c!! shares

..

T ~ - Lawrence B. -sky 20 B r f e a l Pas, Westmod, MA 0209(

CdC A l e x a n d e r T..Bok 35 He3-cse SL-eet, 80sto1l, 3-q 021:

Dkcror r . Jaes J. V a n e c k o

A l e x a n d e r T. Bok

Lawrence E. IiEsky

Paul E a r r e t t

64 Cak C l i S f mod, Newton, MA i1216i

35 Melrose Streez, Boston, ;Ya. 3 2 1 1 f

20 E r l d a i P a t h , Westwood, M-q o20rC

48 ‘TTkcz~s Park, SouL& 30stcn, Y!- C

-S WMEREOF Ai’ t?uDEzz THE PMNS h i P~XLTE.5 OF PERJLTY. Vwe. whose s i v n u - c ( s ) ~ ~ r p o r a t O r 0 and whose nunds) and businas or rcsidenrial addrtss<es) me &ad‘ ryped orprinred k c do hereby associate with the intuaon of forming this corporadon e provisions of do fiereby sign these Arcides of Organintion as incorporaror(s) this d

Laws- ‘ day of

Is f0Uows:

IRES

6

2127

RUNG FE?% Om r c x h of one ?CISCX of ~Ac rocal authorized umul stock but not less r h a c 5200.00. For *de purpose of filing. shares of no& with a par vaiuc less than 5 1.00. or no par stock. shall be deemed

a m m have a par vaiue of s 1.00 p c s k -

TO BE J ~ L X J ~ 13 By C~RPORA-ITON Photocopy of docnm-t to be sent to:

- nexancer f. B c k , zsc.

Dangel, Donlan and FL~PI, LLP

- _ .__ .

AFFIDAVIT

at the )n and

I, James Cornblatt, Director of Regulatory B i r s of Alticomm. Inc. do hereby certifjr Company has not provided or collected for intrastate service in Kentucky prior to filing ofthis applics tariff.

this\ y o f 2 0 2

Notary Pubfic

My Commission Expires:

MONICA BORNE HAAB Notary Publlc, SWB uf Louisiana

My Commission is for Life.

James Cornblatt Director of Regulatory Affairs Alticomm, Inc.

EXHIBIT C

PROPOSED INTEREXCHANGE TARIFF