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4IC ROBINSON) MCFADDEN K MOORE) P.Cr I),4IC ROBINSON) MCFADDEN K MOORE) P.Cr. ATFOIhkVVS Akro COHRSF LORS December 18, 2003 AT EAV DAFID W. RGBINsoFR II HAND DELIVERED JOHN S. TAll. OR, JR. Mr. Bruce Duke DANIEL T. BRAILSFORI) Deputy Executive Director PRANk R. EILERBE, III Synergy Business Park, Saluda Building IHoams W. BUNcH, II 101 Executive Center Drive Il I 1.::. J. KERSHAIV SPONG Columbia, SC 29211 (Jnt Illl S 0Lh(ttrtrlENT D. CI.AV ROBINEON R. WRHASI ILIEIEGEIC JRan KvtoN K. Boi. Re: Time Warner Cable Information Services (South Carolina), LLC ANNENARIE B. ILIATHFAtc I Application for local and interexchange authority Bokkls D. S~V Our File No. 03027-0065 CHARtFA H( RICDONAID Rimoasa R. SGOORIBRR Dear Mr. Duke: ERIN A. COON RE KEHS' GARRISON K JsmasoN DAHs, IY Enclosed for filing please find the Application of Time Warner Cable for a certificate of public convenience and necessity to provide " Ccrtlsed SpcdalRR i~ BanhmPtcy interexchange and local voice services using Internet protocol in South and D btoraralttor Dm t Also Admated m Nonh Camlina Carolina. Time Warner Cable Information Services also requests that the Commission authorize implementation of an alternative regulatory plan under S.C. Code Sections 58-9-575 and 58-9-585 as outlined in the application. We respectfully request that the Commission process this application as quickly as possible. An original and 18 copies are included for filing. Please date-stamp the extra copies of the Application as proof of D,IHD W. RoslksoN (1869-19)SI filing and return them with our courier. DAVID W. ROBINSON, IR. (IW9 1989) If you have any questions, please have someone on your staff J, rsdnxs NCFADDHN contact me. (1901-1990) IHOAHS T. LLIOORE JASRB AI. BRAILSFORD, III Very truly yours, REHRED ' BARRIS& ROBINSON, McFADDEN 8 MOORE P.C. I ths HOR lbds Foondins Merober Enclosure CC: Ms. Julie Y. Patterson (with enclosure) Mr. James McDaniel (via email without enclosure) David Butler, General Counsel (via email without enclosure) PosT OFFICE Box 944, Cor(IILIBIA, SC 29202)R 1901 ISVIAIH STREET, SDITE 1200, Cobuth(BIA, SC 29201 PHGKT. : 803.779.8900 I FAR: 803.252.0724 oR 803.771.9411E) IHLTERiRIET: wwwl. RQBIIkrsotstIAw. corhl - ' l'8 C C) 7 f t".-. 0 legall QZ Z3 BEFORE r THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA 7I DOCKET NO. IN RE: Application of Time Warner Cable Information ) Services (South Carolina), LLC for a Certificate ) of Public Convenience and Necessity to Provide ) Interexchange and Local Voice Seivices and for ) Alteniative Regulation pursuant to S.C. Code ) Sections 58-9-575 and 58-9-585 ) Application of Time Warner Cable Information Services (South Cm ollna), LLC Pursuant to Section 253 of the Telecommunications Act of 1996, South Carolina Code Section 58-9-280, and the Rules and Regulations of the Commission, Time Warner Cable Information Services (South Carolina), LLC ("TWCIS" or "Applicant" ), hereby submits this Application for a Ceitificate of Public Convenience and Necessity to provide interexchange and local voice services tluoughout the State of South Carolina. TWCIS also requests that the Public Service Commission of South Carolina ("Conunission") authorize implementation of an alternative regulatory plan under S.C. Code Sections 58-9-575 and 58-9-585 as outlined in this Application. In support of its Application and in compliance with the Commission's Rules and Regulations, TWCIS submits the following information: 1. Time Warner Cable Information Services (South Carolina), LLC is the legal name of the Applicant. Applicant's principal place ofbusiness is: Time Warner Cable Information Services (South Carolina), LLC 290 Harbor Drive Stamford, Connecticut 06902 7984zl 2. Communications relating to this application should be directed to TWCIS's attorney of record: Frank R. Ellerbe, III Bonnie D. Shealy Robinson McFadden Ec Moore, P.C. Post Office Box 944 Columbia, South Carolina 29202 Telephone (803) 779-8900 Facsimile (803) 252-0724 Iulie Y. Patterson 290 Harbor Drive Stamford, Connecticut 06902 Phone: 203-328-0671 Fax: 203-328-4840 3. Questions concerning TWCIS's ongoing operations should be directed to: Julie Y. Patterson 290 Harbor Drive Stamford, Connecticut 06902 Phone: 203-328-0671 Fax: 203-328-4840 4. Customer inquiries or complaints should be directed to: Iulie Y. Patterson 290 Harbor Drive Stamford, Connecticut 06902 Phone: 203-328-0671 Fax: 203-328-4840 5. The name and address of TWCIS's registered agent in South Carolina is: CT Corporation System 75 Beattie Place Greenville, South Carolina 29601 6. TWCIS is limited liability company organized under the laws of the State of Delaware. Copies of TWCIS's Articles of Organization and Operating Agreement are attached hereto as Exhibit A. Attached as Exhibit B is a current list of the members of TWCIS. TWCIS's Authority to Transact Business in South Carolina is attached hereto as Exhibit C. 7. TWCIS is financially qualified to provide local and interexchange services in South Carolina. Attached as Exhibit D is the SEC Form 10-K for Time Warner Entertainment Company, L.P., one of the corporate parent's of TWCIS. A commitment letter from Time Warner Entertainment Company, L.P., in which the parent entity commits to providing necessary financial support to TWCIS's service offerings in South Carolina, is attached as Exhibit D-l. A corporate organization chart is attached as Exhibit E. 8. TWCIS will rely on the individuals identified in Exhibit F for technical and managerial support for its South Carolina operations. 9. The corporate affiliates of TWCIS that are providing, or are authorized to provide, telecommunications seivices, are identified in Exhibit G. 10. TWCIS plans to provide facilities-based local and long distance Internet protocol ("IP")voice service, targeted to the residential market. TWCIS's Proposed Service Offering is described in Exhibit H. 11. Except as noted herein in any applicable waiver request, TWCIS will abide by all applicable statutes and all applicable Orders, rules, and regulations entered and adopted by the Commission. 12. TWCIS will participate to the extent it may be required to do so by the Commission in the support of universally available telephone service at affordable rates, 13. Pursuant to the general regulatory authority of the Commission, TWCIS requests authorization to adopt an alternative means of regulating the Applicant under S.C. Code Sections 58-9-575 and 58-9-585. TWCIS intends to offer facilities-based local and long distance Internet protocol voice services to the residential market on a bundled flat rate basis. TWCIS will not offer separate local or interexchange seivices on a stand alone basis. Specifically, TWCIS requests that the Commission adopt an alternative regulatory scheme which provides that the Commission shall not fix or prescribe the rates, tolls, charges, or rate stmctures for TWCIS's bundled interexchange and local services or for its operator and directory assistance services. TWCIS requests that it be allowed to file and maintain pidce lists for its local and interexchange seivices without filing a maximum rate schedule. Applicant submits that it is subject to competition with respect to its bundled local and long distance IP voices services as well as the directory assistance and operator service offerings. 14. TWCIS submits that the Commission should authorize implementation of this alternative regulatory scheme on the basis that the public interest will be served by approving the seivice offerings outlined in this application and exhibits. 15. TWCIS respectfully requests a waiver of the requirement in S.C. Code Ann. Regs. 103-610 that all records required under the rules be kept within the State of South Carolina. TWCIS maintains its headquarters in Stamford, Connecticut, and will offer services in multiple jurisdictions. It would be impractical and administratively burdensome for TWCIS to maintain separate records in all of the states in which it operates. Accordingly, TWCIS seeks a waiver of S.C. Code Ann. Regs. 103-610 so that it may maintain its records at its principal place of business in Stamford, Connecticut. 16. TWCIS requests that it be exempt Irom any record-keeping rules or regulations that might require a canier to maintain its financial records in conformance with the Uniform System of Accounts (USGA). Because it utilizes the Generally Accepted Accounting Principles (GAAP), the Commission will have a reliable means by which to evaluate operations. 17. The Applicant does not intend to publish telephone directories. The Applicant will make arrangements to ensure that the names of its customers are included in the directories published by the appropriate incumbent local exchange carrier (ILEC). Waiver of the directory requirement is justified because it would be an unnecessary burden on the Applicant to require that it publish and distribute its own directory to all customers located within each exchange area. Therefore, TWCIS requests that the Commission waive 26 S.C. Regs. 103-631. 18. TWCIS requests a waiver of 26 S.C. Reg. 103-622.1(d) in regard to its requirement that toll charges be itemized because the local and long distance IP voice services it proposes to offer will be billed on a bundled flat-rate basis, and, therefore, there will be no toll charges on customers' bills. Customers will receive a monthly statement and be able to obtain copies of individual call details via the TWCIS secure website or by requesting call detail information from TWCIS directly. Because TWCIS will bill all local and interexchange calls on a bundled, flat-rate basis, customers will not be billed for any individual local or interexchange calls and will not need to view call detail to determine whether their bills are correct. For those customers who wish to view their call detail, TWCIS will make it available to them, either via the TWCIS secure website or via regular mail.
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