CPCN Petition Form Petition Information Required by All Companies filing for a CPCN Please fill out petition, sign and submit. Electronically file to Secretary@dps.ny.gov . Use company cover letter of petitioner or on behalf of petitioner. 1. Identification of applicant and principal business office: Company Name Mobilitie Management, LLC Street Address 2220 University Drive (P.O. Box is not acceptable) City, State, Zip Code Newport Beach, CA 92660 President and Telephone/Fax Christos Karmis, President Tel: (877) 999-7070 Fax: (949) 274-7556 Other Officers and Telephone/Fax 2. All carriers are required to submit a Telecommunications Carrier Critical Information (TCCI) form. Use this link to submit the form electronically: TCCI Form. Check box confirming that a TCCI form is submitted electronically. 3. A copy of the company's certificate of incorporation from the New York Department of State (DOS) and, if not incorporated in New York State, a copy of the authority to transact business in New York State (foreign business authority). If not incorporated, include a list of the names, addresses, and telephone numbers of the company's owners. Check box confirming that DOS certificate is submitted. Please see Exhibit A attached hereto. 4. The company's Federal Social Security Account Number and/or Federal Employer Identification Number. SS or ID 81-0819781 Revised Sept 28 2015 5. A general description of the services to be offered and how it would enhance competition in the area to be served. Fill in the box below or provide on EXHIBIT attachment. Please see Exhibit B attached hereto. 6a. A Company providing basic retail telecommunications services, switched access services, and /or wholesale services must file a tariff containing the rates, terms, and conditions of the services to be offered. Indicate whether the Company intends to provide any of the following types of services: Check all applicable boxes below: Basic Retail Services – Tariff Required Switched Access Services – Tariff Required Wholesale Services – Tariff Required 6b. Public Service Law §92-g allows a Company providing non-basic retail services (i.e., any retail service not considered basic) to elect to post a Customer Service Guide on its website containing the rates, terms and conditions of their non-basic retail services, in lieu of filing a tariff for those services. Indicate if the Company intends to provide non-basic retail services and, if so, whether it elects to file a tariff or post a Customer Service Guide on its website. Check box if intending to provide non-basic retail services. Tariff Provided OR Customer Service Guide (CSG) to be Posted on Company Web Site (Provide Web Address or URL for CSG below along with a draft electronic copy of the document). __________________________________________________________ 6c. Check box if CPCN is requested to provide non-intrastate services ONLY (e.g., broadband internet). NO Tariff or Customer Service Guide is required. Revised Sept 28 2015 7. A company intending to provide local exchange service with authorization to provide direct routing of operator assisted calls, including emergency calls, initiated by dialing solely "0" (also known as “0-“ calls) needs to provide additional information to demonstrate that it is qualified to handle emergency calls promptly and reliably, in accordance with the requirements of 16NYCRR Section 649.6. Check box if the company will process "0-" emergency calls via the ILEC or other "0-" certified operator services provider. Check box if the company intends to process “0-“calls itself, and will file a subsequent petition for "0-" certification with required documentation. 8. If applying for authorization to provide local exchange service (residential and/or business dialtone), describe how your company will provide access to public safety/emergency telephone services, access to the statewide relay system and lifeline service. In addition, the applicant must comply with the requirements enumerated on pages 30-31 of the Commission's Order in Case 94-C-0095, issued May 22, 1996. The Commission will entertain waivers of any of these specific requirements only on a case-by-case basis. Please describe briefly how the company plans to comply with these requirements. If you do not plan to provide local exchange services, please check the appropriate box. Check if not applying for local exchange service. Check if applying and fill in the box below or provide description on EXHIBIT attachment. Please see Exhibit C attached hereto. 9. Indicate whether the company ever acquired a customer or has been the subject of a complaint and/or investigation for unauthorized switching of a customer from another company. If so, please provide an explanation below. Please see Exhibit D attached hereto. Revised Sept 28 2015 10. If applying for authorization to provide local exchange service (residential and/or business dialtone), include an intraLATA presubscription implementation plan. Check box if not applying OR Check box if applying and provide plan on EXHIBIT attachment. Please see Exhibit E attached hereto. Additional Information Required by Companies applying as Facilities-Based Provider. If requesting authority to offer FacilitiesBased Services in the future companies should describe how they will undertake to comply with the Commission requirements prior to providing facilities based services. Facilities may be purchased or leased from other New York certified carriers, or companies may provide new construction. 11. If applying for authorization to provide facilities based local exchange services (residential and/or business dialtone), the company is expected to comply with the Commission's Network Reliability Orders issued in Case 03-C-0922 - Proceeding on Motion of the Commission to Examine Telephone Network Reliability. One Order, issued July 28, 2004, addressed such items as Telecommunications Service Priority (TSP) rates and procedures, dual cable entrance facilities and a show cause requirement concerning route diversity and a new service, Critical Facilities Administration Service. A second order, re-addressing Telephone Network Reliability, was issued on June 15, 2005. The application should describe how the company will undertake to comply with these Commission requirements. If you do not plan to provide facilities based local exchange services, please state so. Check box if not applying for facilities based services. Check box if applying for future authorization to provide facilities based local exchange services. Check box if applying and describe how it will comply with Commission requirements on EXHIBIT attachment. Please see Exhibit F attached hereto. Revised Sept 28 2015 12. If providing new construction include a description of the plant and system to be constructed and the anticipated construction schedule. Check box if “NA” or provide EXHIBIT attachment. 13. I, Christos Karmis do hereby affirm that the contents of this document are true to the best of my knowledge. Signed: /s/ Christos Karmis (e-signature) Date: __April 8, 2016____ President Title & Company: Mobilitie Management, LLC Revised Sept 28 2015 EXHIBIT A Foreign Business Authorization Please see attached. EXHIBIT B Description of Proposed Service Offerings & Competition Enhancement Statement Mobilitie Management, LLC (“Mobilitie Management”) proposes to provide facilities-based and resold local exchange telecommunications services. Specifically, Mobilitie Management will provide transport, backhaul, and broadband data and other voice and data services as well as other infrastructure used by carriers, emergency responders, public safety agencies, backhaul providers, and other companies. These services will be provided using a combination of fixed lines and microwave links to ensure resiliency. Mobilitie Management’s service offerings will enhance competition for telecommunications services in the State of New York because the addition of another supplier of service will create a new competitor who will be required to compete in terms of price and quality of service for the business of telephone services consumers. Mobilitie Management will make available to its customers innovative, low cost, competitively priced telecommunications and other services. In addition, Mobilitie Management’s proposed service will help to optimize the use of existing telecommunications facilities, and contribute to their efficient use and operation. Mobilitie Management’s proposed services will therefore ultimately benefit the customers of the State of New York. EXHIBIT C Public Safety/ Emergency Network Compliance Statement To the extent Mobilitie Management provides voice services, Mobilitie Management intends to provision voice services initially as Interconnected VoIP on either a resold or facilities-based basis. Access to the state relay system will be an integral part of the local exchange service that Mobilitie Management will provide, as will access to emergency services. However, as Mobilitie Management will not offer residential services, access to Lifeline services will not be offered. Instead, Mobilitie Management will provide telecommunications service to a small number of customers, including: wireless carriers and other service providers, the hospitality industry, large-scale sports and entertainment venues, college campuses, self-driving vehicle providers, remote weather monitoring stations, rural communities, and healthcare facilities. Mobilitie Management will comply with the local exchange carrier requirements identified in Case 94-C-0095 (Opinion No. 96-13, pp. 30-31) insofar as they apply to the sale of services to business customers. Mobilitie Management will provide its services on a non-discriminatory basis to prospective customers. Insofar as applicable, Mobilitie Management will report and remit to the Targeted Accessibility Fund in support of emergency/ public safety services, telecommunications relay services, and Lifeline services. Insofar as applicable, Mobilitie Management will comply with the Telephone Fair Practice rules (16 NYCCR Part 609 et seq.), the Common Carrier rules (16 NYCCR Part 605), the Commission’s Statement of Policy on Privacy in Telecommunications (Case 90-C-0075, issued Mar. 22, 1991), the Commission’s Open Network Architecture (“ONA”) principles (Case 880-C-004, Opinion No. 89-28, issued Sept. 11, 1989), and the Commission’s service quality standards and infrastructure monitoring requirements (16 NYCCR, Parts 603 and 644.3). Finally, to the extent possible, Mobilitie Management will provide reasonable interconnection for the joint provision of service to any certificated carrier requesting such interconnection. EXHIBIT D Statement Regarding Unauthorized Account Transfers Mobilitie Management, LLC has never acquired a customer, nor has it been the subject of a complaint and/or investigation for unauthorized switching of a customer from another company. EXHIBIT Proposed Presubscription Implementation Plan Please see attached. INTRALATA PRESUBSCRIPTION IMPLEMENTATION PLAN Mobilitie Management, LLC This plan for providing dialing parity is intended to apply to all dial-tone lines provisioned by Mobilitie Management, LLC (“Mobilitie Management”) in the State of New York (the “Plan”). I. GENERAL POLICIES & PROCEDURES Availability: Mobilitie Management will provide full 2-PIC dialing parity in all exchanges in each LATA in which Mobilitie Management provides services in New York. Implementation Date: Mobilitie Management will implement this Plan so that it will be in place prior to the time that Mobilitie Management begins the provision of service to customers in New York. Methodology: Mobilitie Management will provide full 2-PIC (intraLATA and interLATA toll) dialing parity, allowing Mobilitie Management’s new customers to presubscribe to one carrier for all interLATA calls, and to the same or another carrier for all intraLATA toll calls. A maximum of one interLATA interexchange carrier (“IXC”) and one intraLATA IXC may be selected. Technical Implementation: Mobilitie Management will offer dialing parity for all toll calls. Each customer requesting local exchange service from Mobilitie Management will be given the opportunity to affirmatively select a presubscribed carrier of the customer’s own choosing for intraLATA toll and intraLATA interexchange toll calls. This will allow a customer to presubscribe to its preferred carrier for intraLATA toll calls, and to the same or different carrier for interLATA toll calls – whether Mobilitie Management or another preferred carrier. Business Practices: Mobilitie Management will fully comply with both the Commission’s and the FCC’s rules and policies for initiating, submitting, processing, and verifying customer PIC selections. Mobilitie Management will ensure that all customers are aware that they have a choice of both intraLATA and interLATA toll carriers. After each customer is given an opportunity to affirmatively select an intraLATA and interLATA toll carrier, the customer will be able to verify its selection at any time by dialing a toll-free number. Mobilitie Management will treat all competing carriers on a non-discriminatory basis. To this end, Mobilitie Management will maintain an updated list of available toll carriers, and will process a customer’s PIC change to a toll carrier other than Mobilitie Management in the same fashion and timeframe as a request to presubscribe to Mobilitie Management. Mobilitie Management will process intraLATA PIC selections in the same manner and under the same time intervals as interLATA PIC selections. In response to each request for Mobilitie Management’s services, a Mobilitie Management representative will inform the customer that Mobilitie Management will presubscribe the customer’s toll service to both the intraLATA and the interLATA toll carrier(s) of the customers’ choice. Mobilitie Management will ensure that all customers have signed contracts with the company, and that separate Letters of Authorization (“LOAs”) are routinely obtained where other carriers’ customers choose to purchase Mobilitie Management’s services. INTRALATA PRESUBSCRIPTION IMPLEMENTATION PLAN Mobilitie Management, LLC Dialing Plan: The proposed routing of calls by Mobilitie Management in New York is as follows: Routing 0 Type Mobilitie Management local and Toll Operator Service. 1+10 Digits Direct-dial to presubscribed intraLATA Toll Provider or interLATA Toll Provider (depending on 10-digit number dialed). 0+10 Digits Direct-dial to presubscribed intraLATA Toll Provider or interLATA Toll Provider Operator Service (depending on 10 digit number dialed). 1010xxx+1+10 Digits Dial-around presubscribed intraLATA or interLATA Toll Provider to direct-dial to alternate Toll Provider (identified by code used in xxx portion of dialing request). II. PRESUBSCRIPTION INFORMATION General Application: Mobilitie Management will neither initiate nor accept presubscription requests except in accordance with the rules prescribed by the FCC in 47 C.F.R. §§ 64.110, 64.1150, and 64.1160 in addition to any other rules enacted by this Commission. Assignment of No-PIC: If a new customer, or a customer ordering an additional line, does not select a particular carrier’s long distance service at the time that service is ordered, then the customer’s long distance service will not default to a particular carrier. Instead, under such circumstances, the customer will be assigned a “No-PIC,” and will be required to make use of the services of dial-around carriers for its long distance needs (i.e., the customer will have to dial an access code to make intraLATA toll calls), until such time as the customer selects its presubscribed intraLATA toll carrier of choice. Free Presubscription Selection Period: New customers, or customers ordering a second line from Mobilitie Management, will have an opportunity to select an intraLATA toll carrier at the time the service order is placed. If a customer cannot decide upon an intraLATA toll carrier at this time, they will be assigned a No-PIC designation, and will have thirty (30) days from the date they order local exchange service from Mobilitie Management to select an intraLATA toll carrier without incurring a charge. Customers may make their selection either by contacting Mobilitie Management, or the intraLATA toll carrier directly. Customers may make only one (1) free selection during this period. PIC Change Charge: After the end of the thirty (30) day grace period, there will be a $5.00 PICchange charge for each PIC change requested. This charge will be waived for one time only during the initial grace period referenced herein. Marketing of PIC Freezes: Mobilitie Management will not market intraLATA PIC freezes within the initial thirty (30) day grace period. INTRALATA PRESUBSCRIPTION IMPLEMENTATION PLAN Mobilitie Management, LLC PIC Freeze Removal: In the event that Mobilitie Management offers a PIC-freeze to its customers in New York, Mobilitie Management will: 1. Fully comply with the FCC’s procedures for lifting PIC-freezes as set forth in 47 C.F.R. § 64.1190(e), and will accept three-way calls with customers; 2. Accept three-way calls with customers; and 3. Remove PIC-freezes in situations where a customer’s presubscribed intraLATA toll carrier has been frozen. Where a customer has not frozen its intraLATA PIC choice, Mobilitie Management will accept changes initiated by any method approved by the FCC, and/or this Commission. III. CARRIER INFORMATION IXCs will have the option of offering intraLATA service only or both intraLATA and interLATA service to Mobilitie Management’s customers. Such carriers will have the option of participating in any of Mobilitie Management’s local calling areas. Statement of Compliance: Mobilitie Management will fully comply with all FCC and this Commission’s rules regarding intraLATA toll dialing parity and slamming. Mobilitie Management will in no way restrict or interfere with the ability of its subscribers to access providers of intraLATA and interLATA toll services. This Commission shall be updated with any changes to Mobilitie Management’s toll dialing parity policies. EXHIBIT F Compliance with Commission Network Reliability Orders, Case 03-C-0922 Mobilitie Management will rely exclusively upon the incumbents’ network in order to comply with Commission network reliability requirements. Nevertheless, Mobilitie Management will coordinate with underlying carriers to ensure that network reliability for its own subscribers is maintained. Mobilitie Management’s provision governing Telecommunications Service Priority have been incorporated into the Mobilitie Management’s Customer Service Guide.