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FILED with Executive Secretary IOWA UTILITIES BOARD

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FILED with Executive Secretary IOWA UTILITIES BOARD March 3, 2016 Via Web Filing Ms. Joan Conrad, Executive Secretary Iowa Utilities Board 1375 E. Court Avenue Room 69 Des Moines, IA 50319-0069 RE: MAGICJACK 5MB, INC. Application for Authority to Provide Competitive Local Exchange Telecommunications Service in Iowa Dear Ms. Conrad: Enclosed for filing please find the original ofthe Application for Authority to Provide Competitive Local Exchange Telecommunications Service in Iowa submitted on behalf ofMAGICJACK 5MB, INC. The Company is requesting confidential treatment for the financial statements which are required as part ofthis Application in Exhibit E. These financial statements will be submitted via overnight delivery under seal. Any questions you may have regarding this filing should be directed to my attention at 407-740-3031 or via email [email protected]. Thank you for your assistance in this matter. Sincerely, lsiSharon Thomas Sharon Thomas Consultant to MAGICJACK 5MB, INC. cc: Office ofConsumer Advocate Service List file: MAGICJACK - Iowa - Voip tms: IAv1600 Enclosures STlim 2600 Maitland Center Parkway, Suite 300 - Maitland, FL 32751 P.O. Drawer 200 - Winter Park, FL 32790-0200 - Telephone: (407) 740-8575 - Faesimile: (407) 740-0613 www.tmine.eom BEFORE THE IOWA UTILITIES BOARD In the Matter ofthe Application of ) MAGICJACK 5MB, INC. ) for Authority to Provide Competitive ) Local Exchange Telecommunications ) Service in Iowa ) APPLICATION MAGICJACK 5MB, INC. ("MAGICJACK 5MB" or "Applicant"), Pursuantto IowaCode § 476.29 1 and in accordance with the Board's Orders in Docket No. FCU-2010-0015 , hereby respectfully requests that the Board issue a Certificate of Public Convenience and Necessity, authorizing MAGICJACK 5MB to provide resold local exchange services in the State ofIowa. In support ofits application, MAGICJACK 5MB offers the following information: I- IDENTITY OF APPLICANT 1. Applicant: MAGICJACK 5MB, INC. Applicant is a corporation organized in Florida and qualified to do business in Iowa. A copy of Applicant's Articles ofIncorporation is attached as Exhibit A. The Applicant's principal place of business is: MAGICJACK 5MB, INC. 222 Lakeview Avenue Suite 1600 West Palm Beach, FL 33401 Telephone: 561-290-8585 Facsimile: 888-762-2120 Toll Free: 888-624-4222 1 MCC Telephony ofIowa, LLC and MCC Iowa LLC, Complainants vs. Capitol Infrastructure LLC d/b/a Connexion Technologies and Broadstar, LLC d/b/a Primecast; Order on Motions to Dismiss, Finding Violations, and Providing Notice ofPossible Civil Penalties, Issued March 30, 2011; Order Denying Application for Reconsideration, Application for Stay, and Application for Rehearing issued May 19,2011. Page 1 2. Correspondence Communications, correspondence and pleadings with respect to this Application and on-going regulatory contact should be directed to: Application: Sharon Thomas Consultant to MAGICJACK 5MB, INC. Technologies Management, Inc. 2600 Maitland Center Parkway, Suite 300 Maitland, Florida 32751 Telephone: 407-740-3031 Facsimile: 407-740-0613 On-going Regulatory Contact: Mark Pavol, Regulatory Manager MAGICJACK 5MB, INC. 222 Lakeview Avenue Suite 1600 West Palm Beach, FL 33401 Telephone: 9088064479 Facsimile: 8663292322 E-mail: [email protected] 3. Iowa Registered Agent The Applicant's registered agent for service ofprocess in Iowa is: Corporation Service Company 729 Insurance Exchange Building Des Moines, IA 50309 Telephone: 800-927-9800 4. Authority to Do Business The Certificate ofAuthority for the Applicant to conduct business in the State ofIowa is attached hereto as Exhibit B. 5. Customer Service MAGICJACK 5MB's services will be available to subscribers twenty-four (24) hours per day, seven (7) days per week. All services will be offered and provided in accordance with applicable laws and all Board rules and regulations. MAGICJACK 5MB is responsible for all customer inquiries and complaints. The Applicant's toll free telephone number for customer inquiries, complaints and repair is 1-888-624-4222. The contact for resolution ofcustomer complaints with the Commission is: Page 2 5. Customer Service, (Cont'd.) Mary Kennon, Customer Service Manager MAGICJACK 5MB, INC. 6965 Vista Parkway North, Suite 22 West Palm Beach, FL 33411 Telephone: 561-290-8336 or 888-624-4222 E-mail: [email protected] 6. Officers and Directors Attached hereto as Exhibit C is a list ofthe names, addresses and telephone numbers ofthe current Officers and Directors ofthe Applicant. 7. Fictitious Names Applicant will operate under its corporate name, MAGICJACK 5MB, INC. after receipt of the authorization requested in this Application. II - PROPOSED SERVICE 1. Proposed Service Offering MAGICJACK 5MB intends to provide interconnected VoIP service2 to small business customers. The Company's offerings will provide customers with the communications equivalent oftraditional wireline local and intrastate long distance services for connections to and from the public switched telephone network, including essential functionalities such as access to emergency 911 service, operator services and directory assistance. Customers will be able to make and receive calls in essentially the same manner as traditional wireline service customers and will enjoy access to features similar to those available with traditional wireline services, including but not limited to call waiting, call forwarding, 3way calling, caller ID and voice mail. MAGICJACK 5MB will utilize the services of its CLEC partner, YMax Communications Corp., for interconnection to the public switched network and numbering resources. The Applicant intends to provide most customers with unlimited flat rate domestic calling, although it may offer certain services on a per minute basis. MAGICJACK 5MB does not intend to serve residential customers. The Applicant will post its terms and conditions of service to Iowa customer on its website at www.magicjacksmb.com. 2 The Board determined in FCU-20lO-001S that fixed interconnected VoIP providers delivering intrastate services in Iowa must obtain a Certificate ofPublic Convenience and Necessity. The Company's offering will include IP-based intrastate long distance. A separate Service Provider Registration is being submitted by the Applicant for that service Page 3 2. Service Territory The Applicant requests authority to provide service throughout the state of Iowa. MAGICJACK 5MB's service areas and exchanges will mirror those established by the incumbent local exchange carriers and MAGICJACK 5MB concurs in the service maps ofthose carriers, as currently filed with the Board and as subsequently redefined. For these reasons, MAGICJACK 5MB requests that it be exempted from the requirement to provide a service area map in its filing. III - QUALIFICATIONS OF APPLICANT 1. Technical Qualifications MAGICJACK 5MB is technically qualified to provide the interconnected VoIP services that it proposes. As indicated below, its management team has extensive telecommunications experience. MAGICJACK 5MB will provide customers with customer premise equipment along with instructions for installation and set up. Customer service representatives will be available to answer questions regarding set up and operation. Its underlying CLEC partner will provide interconnection to the public switched network, routing and call completion functions. 2. Managerial Qualifications MAGICJACK 5MB has an excellent senior management team, backed by experienced employees, who are competent in engineering, operations, finance and marketng. Attached hereto as Exhibit D are the biographies ofthe senior management team. 3. Financial Capability MAGICJACK 5MB has access to the financing and capital necessary to provide local exchange service via interconnected VoIP, as proposed in this Application. In support ofthis Petition, attached hereto as Exhibit E, is a copy ofthe Applicant's balance sheet. Because the Applicant is a start-up company, no income statement is available 4. Applicant's Background as a Provider of Telecommunications Service Applicant is a start-up company. It intends to provide service nationwide and has submitted or will soon submit (pending Secretary of State authority) registrations as an interconnected VoIP service provider in Connecticut, California, Illinois, Indiana, Michigan, Missouri, and Nebraska.3 MAGICJACK 5MB has also submitted the required FCC registration as an interconnected VoIP 3 Other states where the Applicant intends to operate do not require certification or registration ofinterconnected VoIP service providers. Page 4 provider. While the Applicant itself does not have a history with respect to the provision of telecommunications service, its management has extensive telecommunications experience, as indicated in the management biographies attached as Exhibit D. Applicant has not been denied authority or had its authority revoked in any state. 5. Tariff Not applicable. The Applicant will post its terms and conditions ofservice on its website. 6. Notice MAGICJACK 5MB served notice on all interested parties ofthis Application. The service list is attached to the certificate ofService. 8. Dialing Parity Plan As an interconnected VoIP provider, the Applicant's service provides customer with both local and long distance calling capabilities. Customers cannot use Applicant's service to place long distance calls via an alternative long distance provider. 9. Number Utilization The Applicant will obtain its numbering resources from its underlying CLEC partner, YMax Communications Corp. YMax previously committed in its Application for a
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