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Application of ) ) SBA DAS & SMALL CELLS

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Application of ) ) SBA DAS & SMALL CELLS BEFORE THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA In the Matter of the Application of ) ) SBA DAS & SMALL CELLS, LLC ) ) Docket No. __________ For a Certificate of Public Convenience and Necessity ) to Provide Resold and Facilities-Based Local Exchange ) and Interexchange Telecommunications Services in the ) State of South Carolina, and for Flexible Regulation ) SBA DAS & Small Cells, LLC ("SBA" or "Applicant"), by counsel, and pursuant to S.C. Code Ann. § 58-9-280, respectfully requests that the South Carolina Public Service Commission (the "Commission") grant this Application for a Certificate of Public Convenience and Necessity to provide resold and facilities-based local exchange service and interexchange telecommunications service throughout the State of South Carolina. SBA also requests flexible regulation for its local exchange telecommunications services as the Commission first granted in Order No. 98-165 in Docket No. 97-467-C. SBA further requests, pursuant to R. 103-601(3) of the Commission's rules, that the Commission waive application to it of certain Commission rules, as outlined herein. SBA proposes to offer resold and facilities-based interexchange and local exchange services to customers throughout the geographic territory of South Carolina. SBA's primary customers are large wireless carriers. Approval of this application will promote the public South Carolina Application of SBA DAS & Small Cells, LLC Page 1 interest by increasing wireless coverage and the level of telecommunications competition within South Carolina. Telecommunications carriers will be empowered to provide more efficient and reliable services at lower prices, thereby benefiting consumers. Moreover, the provision of a wider range of telecommunications service will bolster the State's economic health. All services are available twenty-four (24) hours per day, seven (7) days a week. The Applicant will commence offering service following the granting of this application. Approval of this application will promote the public interest by increasing the level of competition within South Carolina. This competition will mandate that all exchange telecommunications providers will operate more efficiently, enabling the consumer to benefit via reduced rates. In support of this Application, SBA respectfully states as follows: 1. The name and address of the Applicant are: SBA DAS & Small Cells, LLC 8051 Congress Avenue Boca Raton, FL 33487 Telephone: Fax: 2. All correspondence, notices, inquiries and other communications regarding this application should be sent to: Ryan Appel Davis Wright Tremaine, LLP 1919 Pennsylvania Avenue, Suite 800 Washington, D.C. 20006 Telephone: (202) 973-4292 Fax: (202) 973-4492 with copies to: South Carolina Application of SBA DAS & Small Cells, LLC Page 2 T. Scott Thompson Davis Wright Tremaine, LLP 1919 Pennsylvania Avenue, Suite 800 Washington, D.C. 20006 Telephone: (202) 973-4208 Fax: (202) 973-4408 3. Contact person regarding ongoing operations of the Company is: Patrick Cochran General Manager 8051 Congress Avenue Boca Raton, FL 33487 Telephone: (561) 322-7954 4. Description of Applicant SBA is a Florida corporation with its principal offices located at 8051 Congress Avenue Boca Raton, FL 33487. A copy of (1) SBA’s Articles of Organization and (2) Certificate of Authority to Transact business in South Carolina are attached as Exhibit A. SBA’s services will be both intrastate and interstate. SBA acts as a facilities-based wholesale transport carrier for wireless carriers and other large enterprise customers. SBA typically provides “RF transport services” using fiber optic technology, over dedicated transport facilities, to provide other service providers with transport options. When it provides service to wireless carriers, SBA will typically rely on a technical platform known as a “Distributed Antenna System,” or “DAS.” Radio Frequency (RF) transport services are used to transport voice and data communications between wireless capacity equipment (i.e., antennas) and hub facilities. The hub facility can be customer or SBA-provided. Bi-directional, RF-to-optical conversion equipment allows SBA to accept RF traffic from its customer and then send bi-directional traffic transmissions across the appropriate optical networks. At the remote end, SBA or the customer South Carolina Application of SBA DAS & Small Cells, LLC Page 3 company provide RF-to-optical conversion equipment that allows bi-directional conversion between optical signals and RF signals. RF signals can be received and radiated at this remote node by the customer company. However, SBA is not limited to providing transport service over DAS networks and may provide telecommunications service to other large enterprise customers. SBA does not intend to furnish residential or business telephone service (other than the enterprise business services described above). 5. Officers and Directors and Legal Counsel See Exhibit B. 6. Customer Service SBA recognizes the importance of effective customer service. Customers may contact SBA 24 hours per day, seven days per week. SBA’s customer service number is (888) 950- 7483. 7. Financial Ability SBA possesses the financial qualifications required for issuance of the requested Certificate of Public Convenience and Necessity. SBA will rely, in large part on, upon the financial resources of its parent company, SBA Communications Corporation, to provide its services in the State of South Carolina. As evidence of its capacity to render the proposed services, please see Exhibit C for the most recent financial statements of parent company SBA Communications Corporation. South Carolina Application of SBA DAS & Small Cells, LLC Page 4 SBA, through its parent SBA Communications Corporation, has sufficient capital on hand to commence operations in the State of South Carolina and the company has access to additional capital financing as may be needed to sustain future growth and expansion. It should be noted that SBA's business plan calls for it to provide its RF transport services based upon direct customer demand. Under this plan, revenue from customers will be readily identified prior to any extensive outlay of capital. 8. Managerial and Technical Ability SBA is technically and managerially qualified to operate and manage its proposed telecommunications operations in South Carolina. The senior management of SBA has extensive experience in the provision of telecommunications service. Biographies outlining the technical and managerial experience of SBA key personnel are provided in Exhibit D. These biographies reflect that SBA possesses significant expertise for operating a telecommunications company. In addition to the senior management, SBA has highly qualified technical personnel to ensure that SBA's operations will meet demanding standards for service quality and reliability. 9. Proposed Service Territory SBA seeks authority to provide facilities-based or resold nondominant local exchange, interexchange services and non-switched local transport services (hereinafter referred to as “Services”) to customers throughout the State of South Carolina. Applicant proposes to provide these Services through a combination of its own facilities and facilities to be leased from a South Carolina Application of SBA DAS & Small Cells, LLC Page 5 variety of telecommunications carriers. Exhibit E contains SBA’s proposed tariff. 10. Public Interest and Need The granting of SBA's application is consistent with S.C. Code Ann. §58-9-280(B), as amended by 1996 Act No. 354, and SBA makes the following representations to the Commission: A. SBA possesses the requisite technical, financial, and managerial resources sufficient to provide the services requested; B. The provision of local service by SBA will not adversely impact the availability of affordable local exchange service; C. SBA’s local services will meet the service standards required by the Commission; D. SBA, to the extent it is required to do so by the Commission, will participate in the support of universally available telephone service at affordable rates; and, E. The provision of local service by SBA will not adversely impact the public interest. Grant of SBA’s Application for a Certificate of Public Convenience and Necessity to provide the service described within this Application is in the public interest and will serve the public convenience and necessity. The public interest will be served by expanding the availability of competitive telecommunications services and enhanced telecommunications infrastructure in the State of South Carolina, thereby facilitating economic development. Authorizing SBA to enter the telecommunications service market will increase the competitive choices available, and in turn create incentives for all carriers to lower prices, provide new and better quality services, and be more responsive to customer issues and demands. South Carolina Application of SBA DAS & Small Cells, LLC Page 6 SBA’s service allows wireless carriers to expand their coverage of wireless services with less intrusive facilities. SBA’s combination of fiber optics and lower height antennas helps wireless providers eliminate dead spots and increase bandwidth needed for emerging and future services. Thus, grant of SBA’s petition will promote the deployment of advanced telecommunications and wireless telecommunications infrastructure in the State. 11. Waivers and Regulatory Compliance SBA requests that, pursuant to Commission Rule 103-601(3), the Commission grant it a waiver of those regulatory
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