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Before the Public Utilities Commission of the State of South Dakota in the Matter of the Application of ) Order Granting Covista, Inc

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Before the Public Utilities Commission of the State of South Dakota in the Matter of the Application of ) Order Granting Covista, Inc DOCKET NO. ----- - -- t :%IntheMatterof IN THE MATTER OF THE F3 APPLICATION OF COVISTA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA Public Utilities Corpmission of the State of South Dakota DATE I MEMORANDA STATE PUBL18HING CO.. PIERRE. SOUTH DAKOTA-SMEAO 104 5P14130 Lance J.M. Steinhart, P.C. Attorney At Law 1720 Windward Concourse Suite 250 Alpharetta, Georgia 30005 MAY 1 2 2003 Also Admitted in New Y ork T and Maryland Facsimile: (770) 232-9208 Email: Isted~art@,telecomcounsel.com May 9,2003 Mr. William Bullard Executive Director South Dakota Public Utilities Commission 500 East Capitol Avenue Pierre, SD 57501-5070 (605) 773-3201 Re: Covista, Inc. Dear Mr. Bullard: Enclosed please find one original and ten (10) copies of Covista, Inc.'s Application for Registration of a Telecommunications Company to Provide Local Exchange Service. The company currently has authority to provide Interexchange Service. I have also enclosed an extra copy of this cover letter to be date stamped and returned to me in the enclosed self-addressed prepaid envelope. If you have any questions, please do not hesitate to contact me. Lance JP.Steinhart Attorney for Covista, Inc. Enclosures cc: Thomas P. Gunning (wlenc) APPLICATION FOR REGISTRATION OF COVISTA, INC. FILED WITH THE SOUTH DAKOTA PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF COVISTA, INC . ) FOR AN ORDER ) Docket No. b@iY 1 2 2003 AUTHORIZING THE REGISTRATION ) OF APPLICANT AS A ) UTH TELECOMMUNICATIONS COMPANY 1 UTl TO PROVIDE LOCAL EXCHANGE ) SERVICE 1 APPLICATION Application is hereby made to the South Dakota Public Utilities Commission for an Order authorizing Covista, Inc. (I1Covistal1or "ApplicantI1)to register as a telecommunications company to provide resold and facilities-based/UNE-P local exchangeservice within the State of South Dakota. The following information is furnished in support thereof: 1. Name, Address, Telephone Number, and e-mail of Applicant Covista, Inc. 721 Broad Street, 2nd Floor Chattanooga, Tennessee 37402 (423) 648-9500 (Phone) (423) 648-9502 (Fax) [email protected](e-mail) Applicant has no local office in South Dakota at this time. All inquiries regarding customer complaints and other regulatory matters should be addressed to: Tony Barrett, VP of Operations 721 Broad Street, 2nd Floor Chattanooga, Tennessee 37402 Telephone: (423) 648-9600 Facsimile: 423) 648-9602 [email protected] 2. Resistered Asent The name and address of the Applicant's registered agent are : TCS Corporate Services, Inc. c/o Marilyn Person 819 West Third Pierre, South Dakota 57501 3: 3: Description of the Applicant Applicant is incorporated in the State of New Jersey and is in good standing under the laws of that state. A copy of the Company's Articles of Incorporation, as amended, is attached to this Application as Exhibit A. In addition, the Company is authorized to do business as a foreign corporation in the State of South Dakota. Attached as Exhibit B to this Application is a copy of the Companyls certificate of qualification to transact business issued by the South Dakota Secretary of State. The Applicant was formerly known as TotalTel, Inc. Applicant is a wholly owned operating subsidiary of Covista Communications, Inc., a publicly traded SEC reporting company. Applicant is authorized to, and is providing long distance services throughout the United States. For South Dakota, See Docket No. TC97-187. Applicant is authorized to provide local exchange services in California, Colorado, Connecticut, Delaware, Florida, Illinois, Minnesota, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia, Washington D.C. and Washington. Applicant is in the process of applying for authorization to provide competitive local exchange services in the 48 contiguous states and Hawaii. Applicant has not been denied authority for any of the services for which it seeks authority in this Application. Applicant is not currently providing service, however, it intends to initiate such service in selected markets in the next 90 days. The senior management of Covista has great depth in the telecommunications industry and offers extensive telecommunications business technical and managerial expertise to Covista. Since Covista will be providing resold and facilities- based/UN~-P local service, Covista will also rely upon the managerial and technical expertise of the incumbent facilities- based/UN~-Plocal exchange carriers that have been certified and deemed technically and managerially able to provide exchange service by the Commission. The relevant operational experience of Applicant's key management employees is set forth in Exhibit C which is attached hereto. Detailed information about the company can be found in Exhibit D. The Applicant's customers will primarily be small and medium- sized businesses that need local exchange, access, private line, long distance, data, and other telecommunication services. 4. Facilities If Covista installs facilities in South Dakota, it will probably use the following or a similar configuration of equipment: Applicant will provide voice and high speed data services through a combination of the latest technology switching and transport media comprised of the Lucent Technology 5 ESS Generic 13 switch module, ADSL/SDSL transport and Internet service equipment and the latest Optical multiplexer DAC's configurations. The switching system consists of a central processing and control complex capable of interconnection as a peer to the incumbent as well as competitive local exchange companies. The hub portion of the switch will interconnect with the public switched network on Signaling System 7 (I1SS7")or Feature Group D ("FGD1')facilities. The system's remote module capability will allow properties to be served in a manner that provides the exchange of appropriate signaling, control and calling/caller information to the network in accordance with network standards and specifications. Additionally, these services will be delivered over a combination of delivery mechanisms through incumbent local carriers1 unbundled loop network, both copper and fiber and transport networks, as well as via Covista constructed facilities. All of Applicant's equipment is capable of providing local number portability, and is compliant and compatible with existing 911 systems. At the time of the filing of this application, none of this equipment has been installed in the State of South Dakota. 5. Stockholders The names and address of the each stockholder of Applicant owning 20% or more of the interest in the business are as follows : Name and Address Shares Owned Percentage of all Shares Issued and Outstanding and Voting Control Covista Communications, Inc. 420 721 Broad Street, 2nd Floor Chattanooga, Tennessee 37402 Officers and Directors The names and addresses of the officers and directors of Covista, Inc. are: Officers : A. John Leach President & CEO Thomas P. Gunning CFO, Treasurer & Secretary Kevin Alward Chief Operating Officer Directors: A. John Leach Kevin Alward Henry G. Luken Leon Genet Jay J. Miller Donald Jones W. Thorpe McKenzie Nicholas Merrick All of the above-named individuals can be reached at: Covista, Inc. 721 Broad Street, 2nd Floor Chattanooga, Tennessee 37402 7. Corporate Ownership The name and address of any corporation, association or similar organization holding a five percent (5%) or greater ownership in the Applicant is as follows: Covista Communications, Inc. 721 Broad Street, 2nd Floor Chattanooga, Tennessee 37402 8. Subsidiaries owned or controlled bv Applicant None 9. Description of Services When Applicant provides services in this state, Applicant will provide services through facilities of incumbent local exchange carriers ("LECs"),as well as unbundled network elements. Covista will rely upon the incumbent local exchange companies (LEC) and other carriers for the provision and access to emergency services (911 or E911), operator services, directory assistance, and telecommunications relay services. Covista seeks authority to resell and provide facilities-based/U~E-Plocal exchange services throughout the State of South Dakota in the areas served by any LECs in South Dakota that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(l) of the Federal Act. Upon initiation of service in Alabama, Covista, Inc., (Covista) proposes initially to offer resold local exchange services and local services utilizing the UNE-P platform. Such services will be provided by utilizing the facilities of incumbent local exchange carriers (llLECsll),as well as unbundled network elements. Covista intends to provide all forms of local exchange telecommunications services including: Local Exchange: A. Local Exchange Services for business and residence customers that will enable customers to originate and terminate local calls in the local calling area served by other LECs. B. Switched local exchange services, including basic service, trunks, carrier access, and any other switched local services that currently exist or will exist in the future. C. Non-switched local services (e.g., private line) that currently exist or will exist in the future. D. Centrex and/or Centrex-like services that currently exist or will exist in the future. E. Digital subscriber line, ISDN, and other high capacity line services. 10. Financial Oualifications Applicant is financially qualified to provide intrastate local exchange telecommunications services within South Dakota. In particular, Applicant has adequate access to
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