NOWALSKY, BRONSTON & GOTHARDOs^fO^W/Cf A Professional Limited Liability Company „ ^^S-Ai n Attorneys at Law Leon L. Nowalsky 3500 North Causeway Boulevard Moffit'a B^i/itoHaab Benjamin W. Bronston Suite 1442 Ellen Ann G. Sane Edward P. Gothard Metairie, Louisiana 70002 Bruce C. Betzer Telephone: (504) 832-1984 Facsimile: (504) 831-0892 September 19, 2002 Via Overnight Delivery Honorable Janet H. Deixler Secretary to the Commission (EXPEDITED HANDLING New York Public Service Commission REQUESTED) Three Empire State Plaza Albany, New York 12223-1350 0ru RE: Choctaw Communications,t^y Inc. d/b/a Smoke Signal Communications Dear Ms. Deixler: Enclosed for filing please find an original and three (3) copies of the Petition Choctaw Communications, Inc. d/b/a Smoke Signal Communications for a Certificate of Public Convenience and Necessity to operate as a Common Carrier of telephone service within the State of New York. The Company is currently authorized to provide resold local exchange and interexchange services by authority granted in Case No 99-C-0702. The Company currently has an approved tariff on file with the Commission, and no tariff changes are needed at this time. The Company will file tariff revisions at a later date should they become necessary. Please acknowledge receipt of this application by date stamping and returning the add t:onal copy of this letter in the self-addressed, stamped envelope provided. Thank you and please call with any questions.} Monica Borne Haab Enclosure BEFORE THE STATE OF NEW YORK PUBLIC UTILITIES COMMISSION In Re: Petition of CHOCTAW COMMUNICATIONS, INC. D/B/A SMOKE SIGNAL COMMUNICATIONS FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE AS A COMMON Docket No. CARRIER OF TELEPHONE SERVICE WITHIN THE STATE OF NEW YORK PETITION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Choctaw Communications, Inc. d/b/a Smoke Signal Communications ("Applicant") does, through undersigned counsel, hereby submit this petition for a certificate of public convenience and necessity to operate as a common carrier facilities-based local exchange telephone services within the State of New York. The Company is currently authorized to provide resale local exchange and interexchange services within the State of New York by authority granted in Case No. 99-C-0702, and now desires expansion of its operating authority to include facilities-based UNE-P services. In support thereof. Applicant submits the following information: 1. Name and Principal Address of Applicant; The name and address of the applicant corporation is: Choctaw Communications, Inc. 8700 S. Gessner Houston, TX 77074 Ph.(713)779-0692 Fx. (713) 774-6953 The President and/or other current officers of the company are: E.B. "Tommy" Thomas President/V.P./Secretary/Treasurer/Director 8700 S. Gessner Houston, TX 77074 Ph. (713) 779-0692 Fx. (713) 774-6953 -1- Applicant's Attorney to whom all correspondence relating to this application and to whom evidence of final certification should be forwarded is: Monica Borne Haab Nowalsky, Bronston & Gothard 3500 N. Causeway Blvd., Suite 1442 Metairie, LA 70002 Ph. (504) 832-1984 Fx. (504)831-0892 E-Mail: [email protected] Articles of Incorporation: Applicant is a corporation having perpetual existence which was organized under the laws of the State of Texas on August 5, 1996. The Company's Articles of Incorporation and Certificate of Authority to transact business in New York are attached as Exhibit A. Description of Services Intended: Applicant will provide facilities-based local exchange services to the extent necessary to offer UNE-P services of the ILEC. The Company will offer UNE-P services under an interconnection agreement with the ILEC. Applicant will market its services to residential and business customers via direct mail, telemarketing, radio, print and video advertising. By offering residential and business customers more options in choosing a local exchange service provider, competition is increased. Applicant will provide its proposed UNE-P facilities-based services throughout the service territory of the Verizon - New York. The Company is authorized to provide facilities-based services in Florida, Louisiana, and Texas. -2- 4.' Description of Equipment and Construction Schedule: The Applicant will offer facilities-based UNE-P local exchange telecommunications services which will be available to commercial and/or residential customers twenty-four (24) per day, seven (7) days per week. All facilities and/or equipment necessary to offer UNE-P services will be leased from the ILEC, and no construction of facilities is anticipated. Therefore, no construction schedule can be provided at this time. 5. Unauthorized Switching of Customers: The Company has never acquired a customer by switching it from another company without the customer's authorization. The Company will install any equipment and establish service after receipt of a signed Service Agreement from prospective customers. 6. Complaints or Investigations: The Company has not been the subject of a complaint and/or investigation for unauthorized switching of a customer's local or long distance service from one carrier to another. 7. Federal Employer Identification Number: The Company's Federal Employer Identification Number is 75-2795543. 8. Public Safety/Emergency Telephone Services: The Company will offer local exchange services and will: (i) provide, without undue discrimination or preference, service to any willing customer within its service territory; (ii) provide access to public safety/emergency telephone services (911, E-911, 0-), support the statewide relay system, and offer, or otherwise support. Lifeline services via interconnection with the ILEC; (iii) comply with the Telephone Fair Practices rules; (iv)comply with the Common Carrier rules (16 NYCRR Part 605); (v) comply with the Statement of Policy on Privacy in Telecommunications (Case 90-C-0075, issued March 22,1991); (vi) comply with the Open Network Architecture (ONA) principles (Case 88-C-004, Opinion No. 89-28, issued September 11,1989); (vii) provide reasonable interconnections forthejoint -3- provision of service to any certified carrier requesting such interconnection; and (viii) comply with the service quality standards and infrastructure monitoring requirements (16 NYCRR, Parts 603 and 644.3). 9. "0-" Emergency Calls. The Company will have "0-" emergency calls processed by the ILEC or other certified operator services provider. 10. IntraLATA Presubscription Plan. The Company's IntraLATA Presubscription Plan is attached hereto as Exhibit B. 11. Tariff; The Company does not require revision of its approved local exchange tariff at this time. Should any rates or terms of services change as a result of the offering of the services requested herein, the Company will revise its tariff accordingly. 12. Conclusion: In view of the foregoing, Applicant respectfully submits that the public convenience and necessity would be served by the grant of its petition for certification to operate as a Common Carrier of telephone services within the State of New York. Respectfully Submitted: Monica Borne Haab Nowalsky, Bronston & Gothard 3500 N. Causeway Blvd., Suite 1442 Metairie, Louisiana 70002 Ph.(504) 832-1984 E-Mail: [email protected] EXHIBIT A ARTICLES OF INCORPORATION AND CERTIFICATE OF AUTHORITY J. DEPARTMENT OF STATE -ION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 12231-0001 FILING RECEIPT ENTITY NAME: CHOCTAW COMMUNICATIONS, INC. DOCUMENT TYPE: APPLICATION AUTHORITY (FOR. BUSINESS) COUNTY: NEWY SERVICE COMPANY: ** NO SERVICE COMPANY ** SERVICE CODE: 00 FILED: 04/08/1999 DURATION: PERPETUAL CASH# : 990408000271 FILM "#: 990408000260 ADDRESS FOR PROCESS EXIST DATE C/O NATIONAL REGISTERED AGENTS, INC. 04/08/1999 440 9TH AVENUE 5TH FLOOR NEW YORK, NY 10001 REGISTERED AGENT Ni^WNAL REGISTERED AGENTS, ICN. 44(r 9TH AVENUE 5TH FLOOR NEW YORK, NY 10001 !V -v ib:*-.. FILER FEES 225.00 PAYMENTS 225.00 FILING 225.00 CASH 0.00 ELLENANN G. SANDS TAX 0.00 CHECK 225.00 NOWALSKY, BRONSTON & GOTHARD, APLLC CERT 0.00 CHARGE 0.00 3500 N. CAUSEWAY BLVD., STE.1442 COPIES 0.00 DRAWDOWN 0.00 METAIRIE, LA 70002 HANDLING 0.00 BILLED 0.00 REFUND 0.00 DOS-1025 (11/89) N. Y. S. DEPARTMENT OF STATE DIVISION OF CORPORATIONS ALBANY, NY 12231-0001 FILING RECEIPT ENTITY NAME : CHOCTAW COMMUNICATIONS, INC. DOCUMENT TYPE : ASSUMED NAME CERTIFICATE SERVICE COMPANY +++ NO SERVICE COMPANY +++ CODE: FILED: 10/18/1999 CASH#: 937127 FILM#: C279888-2 PRINCIPAL LOCATION 8400 S GESSNER HOUSTON TX 7074 # '•VC CIS-!"1* ' • • O • • • COMMENT: ASSUMED NAME SMOKE SIGNAL COMMUNICATIONS FILER * FEES : 125.00 PAYMENTS * FILING 25.00 CASH * COUNTY 100.00 CHECK 125.00 * COPIES .00 LEON L NOWALSKY * MISC 3500 N CAUSEWAY BLV * HANDLE .00 SUITE 1442 * REFUND: METAIRIE LA 70002 -*- DO3HD104 DOS-281 (8/98) Mt of Sims SECRETAR Y OF STA TE CERTIFICATE OF INCORPORATION OF CHOCTAW COMMUNICATIONS, INC. FILE NUMBER: 01511494-00 The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles of Incorporation for the above named corporation have been received in this office and are found to conform to law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation. Issuance of this Certificate of Incorporation does not authorize the use of a corporate name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Filed: NOVEMBER 30,1998 NOVEMBER 30, 1998 Alberto R. Gonzales Secretary of State ink of ^xas SECRETAR Y OF STA TE CERTIFICATE OF CONVERSION The undersigned, as Secretary of State of Texas, hereby certifies that the attached Articles of Conversion of CHOCTAW COMMUNICATIONS, L.C. (a Texas limited liability company) ^ converting it to CHOCTAW COMMUNICATIONS, INC. (a Texas corporation) have been received in this office and found to conform to law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Conversion.