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BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MARYLAND APPLICATION OF Quantum Telecommunications, Inc. to Amend Its Existing Certificate of Public Convenience and Necessity to Include Authority to Provide and Resell Facility-Based Switched Access Service and to Provide and Resell Facility-Based Interexchange Telecommunications Services in the State of Maryland. File No. TE-______________ APPLICATION TO AMEND EXISTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OF QUANTUM TELECOMMUNICATIONS, INC. I. INTRODUCTION Quantum Telecommunications, Inc. ("QTI"), by its undersigned counsel, hereby requests that the Maryland Public Service Commission ("Commission" or “MD-PSC”) amend QTI’s existing Certificate of Public Convenience and Necessity (“CPCN”) to include authority to provide or resell facilities-based switched access and dedicated intrastate interexchange telecommunications service to residential and business subscribers in the State of Maryland. The Commission has previously found QTI to have the technical, managerial and financial qualifications to provide facilities-based and resold local exchange service [See MD-PSC Case No. 8761 (July 7, 1999)]. The instant amendment to QTI’s application sets forth information called for in the Commission’s Checklist for Reviewing Applications for Operating Authority and Tariffs, including a description of the services QTI will provide and its technical, managerial, and financial fitness to provide the proposed services. As described more fully below, QTI will initially focus its marketing 131657-1 efforts in those areas where its affiliate currently provides Internet access service. QTI expects to provide services in nearby communities as market conditions and technical developments warrant. In addition, QTI requests approval of initial service terms and conditions in accordance with its proposed intrastate-interexchange and switched access tariffs, which are attached as Exhibits D and E, respectively. II. INFORMATION PROVIDED PURSUANT TO COMAR SECTION 20.07.04.12 A. Description of Applicant The name and address of the applicant is: Quantum Telecommunications, Inc. 2975-B Manchester Road Manchester, Maryland 21102 Tel. (410) 239-6920 Fax (410) 239-0820 Email: [email protected]* */-- for MD-PSC delivery of Annual Reporting Form pursuant to COMAR 20.45.02.03D QTI is a Maryland corporation, which was incorporated on October 20, 1998. QTI's officers and directors are: Name William L. Brown Kevin W. Brown Johanna H. Brown Title President Vice President Secretary/Treasurer QTI currently resells and may soon provide over a combination of unbundled network elements and its own facilities, local exchange service throughout the Baltimore metropolitan area. QTI’s affiliate, Quantum Internet Services, Inc., provides Internet access service to customers throughout the Baltimore metropolitan area. William L. Brown and Kevin W. Brown own both QTI and Quantum Internet Services, Inc. B. None. 131657-1 Other States Where QTI is Authorized to Provided Interexchange Service C. Investigations by State or Federal Regulatory Authorities or Any Bankruptcy None. D. Description of Marketing Practices and Anti-Slamming Measures QTI will use sound marketing and sales strategies to ensure customers receive the highest quality service. The Company will follow all applicable Federal Communications Commission and Commission regulations applicable to its services including those regarding customer selection of service. QTI will not impose a penalty or charge for unauthorized IntraLATA toll provider changes. In all cases QTI will employ methods to ensure its customers clearly and affirmatively select its services. E. Articles of Incorporation QTI is a Maryland corporation in good standing with the Maryland Secretary of State. A copy of the Articles is attached hereto as Exhibit A. F. Description of Services to Be Provided QTI plans to provide facilities-based and resold interexchange service. It will serve both residential and business customers. G. Facts Showing That Proposed Service is in the Public Interest Certification of QTI to provide interexchange services in Maryland will further the public interest. In Order No. 66765 in Case No. 7719, issued on September 11, 1984, the Commission opened the Maryland interexchange market to competition. Since that time, other applicants for operating authority in Maryland have been authorized to provide interexchange service. By Order No. 66319, issued on August 10, 1983, the Commission established a liberal entry policy for reselling carriers to provide service in the Maryland interexchange market. Since that time, applicants deemed qualified to provide such services and willing to abide by Commission 131657-1 regulations have been authorized to provide interexchange services and the resale of interexchange services. See Order No. 7115 in Case No. 8584, issued on April 24, 1994. Grant of this Application and subsequent approval of QTI's tariffs will serve the public interest and offer several identifiable benefits to interexchange telephone customers in Maryland. Most importantly, grant of the instant application will allow QTI to leverage its existing facilities in Maryland to offer a greater range of services to existing customers while simultaneously enhancing QTI’s competitive position relative to other carriers offering integrated telecommunications solutions. QTI will offer residential and business customers a direct competitive alternative to the services offered by other certified interexchange carriers. QTI will competitively price both its retail interexchange services, as evidenced in its Maryland Intrastate Interexchange Telecommunications Services Tariff (MD-PSC No. 2), hereto attached as Exhibit D, as well as its switched access service offerings, as evidenced in its Maryland Intrastate Switched Access Telecommunications Services Tariff (MD-PSC No. 3), hereto attached as Exhibit E. H. Designated Contacts Regarding Application All correspondence, notice, inquiries and other communications regarding this Application should be addressed to: Christopher W. Savage Erik J. Cecil Cole, Raywid & Braverman, L.L.P. 1919 Pennsylvania Ave., NW, Suite 200 Washington, DC 20006 Tel: (202) 659-9750 Fax: (202) 452-0067 [email protected] [email protected] 131657-1 with copies to: Kevin W. Brown Vice President Quantum Telecommunications, Inc. 2975-B Manchester Road Manchester, Maryland 21102-1631 Tel: (410) 239-6920 Fax: (410) 239-0820 [email protected] I. Managerial Information QTI is in the process of expanding its product offerings and will soon install its own switching facilities in the Baltimore area, further enhancing its ability to compete. Additionally, as demonstrated by the Commission’s previous authorization of QTI to provide facilities-based and resold local services, QTI possesses the requisite managerial and technical experience to provide high quality interexchange telephone services. A summary of the relevant experience of QTI’s management team is included as Exhibit C. J. Technical Ability QTI's technical ability to provide reliable telecommunications service is demonstrated by (a) its successful provision of local telecommunications services to several hundred rural and metropolitan customers, (b) its overall performance as an internet service provider (ISP) to over 7,500 end users and (c) its plans to install switching facilities. K. Financial Ability QTI's financial ability to provide interexchange telephone services is derived from its own financial resources as well as those of its sister corporation, QIS, and is demonstrated by a combined financial report concerning both entities. QTI is a privately held corporation and, 131657-1 accordingly, files its financial information separately and subject to its request for confidential treatment under seal as Confidential Exhibit B. L. Request for Waiver of COMAR Provisions QTI requests waiver of the COMAR provisions referenced in Order No. 66765, MCI Telecommunications, 75 MD PSC 331 (1984). QTI agrees that it, like all LECs in the State of Maryland, should be subject to the operating standards and reporting requirements contained in COMAR 20.45, except for those provisions for which it has requested waiver or modification. Moreover, QTI acknowledges its duties under federal law as a telecommunications carrier pursuant to 47 U.S.C. § 251(a). QTI also understands that, according to the Commission’s rules, authorized interexchange carriers will receive a revenue request and an assessment invoice from the MD-PSC. 131657-1 IV. CONCLUSION Quantum Telecommunications, Inc. respectfully requests that the Commission, at an Administrative Meeting to: (1) amend its existing authority to include the provision of interexchange telephone service in its requested service territory; (2) approve its initial interexchange and access tariffs; (3) grant the requested COMAR waivers and modifications; and (4) grant any other relief as the Commission finds just and proper. Respectfully submitted, QUANTUM TELECOMMUNICATIONS, INC. By: _________________________________ Erik J. Cecil COLE, RAYWID & BRAVERMAN, L.L.P. 1919 Pennsylvania Avenue, N.W., Suite 200 Washington, D.C. 20006 Tel: 202-659-9750 Fax: (202) 452-0067 [email protected] [email protected] Counsel for Quantum Telecommunications, Inc. September 28, 2001 131657-1 LIST OF EXHIBITS Exhibit A .......................................................................................................... Articles of Incorporation Exhibit B ........................................................................................ (Confidential) Financial Statements Exhibit C ............................................................................. Summary of Experience of Key Personnel Exhibit D................................................ Intrastate Interexchange Telecommunications Services Tariff Exhibit E .......................................................... Switched Access Telecommunications Services Tariff 86935.1 Exhibit A Articles of Incorporation of Quantum Telecommunications, Inc. 86935.1 Exhibit B (Confidential) Financial Statements [FILED UNDER SEAL] 86935.1 Exhibit C Summary of Experience of Key Personnel of Quantum Telecommunications, Inc. 86935.1 BIOGRAPHY William L. Brown President--Quantum Internet Services, Inc. and Quantum Telecommunications, Inc. Summary: A resident of Maryland most of his life, Mr. Brown is an entrepreneur who has founded seven successful businesses over the past forty years. Most recently, Mr. Brown co-founded Quantum Internet Services, Inc., a leading Internet service provider in Baltimore, Maryland. As president of QSI, Mr. Brown has gained extensive practical and technical knowledge about the telecommunications industry and communications technology. Education: A.A., Accounting Strayer College, Washington, D.C. A.A., Business Administration Eastern College, Baltimore, Maryland B.S., Business Administration University of Baltimore, Baltimore, Maryland Graduate Studies, Administration Loyola College, Baltimore, Maryland Employment History: 1995-98 Co-founded Quantum Internet Services, Inc., an Internet service provider that provides ISDN, DS-0, DS-1, and DS-3 circuits to over 7,500 users in the Baltimore metropolitan area and surrounding counties. QTI’s customers include banks, state agencies, schools, universities, Internet service providers, and small to large businesses that require reliable, high speed Internet access. QTI prides itself in providing its customers the highest level of service and support as well as network uptime of 99.99 percent. As president of QTI Internet Services, Inc., Mr. Brown is responsible for planning financial and corporate strategies. 1970-98 Since the early seventies, Mr. Brown has been actively involved in real estate development and property management. Initially employed as a property manager for the Siegel Organization, Inc. 86935.1 of Owings Mills, Maryland, Mr. Brown rose through the ranks to become Executive Vice President and General Manager where he had profit and loss responsibility for a portfolio valued at eighty-five million dollars. It was during this period that Mr. Brown developed a keen interest in computer systems and networks. He planned and supervised the conversion of his company’s manual accounting system into a computerized system and he was directly responsible for his company becoming the first property management firm in Baltimore to install an in-house mainframe system for property and construction management. Over the ensuing years, Mr. Brown was responsible for the planning, supervision, and installation of several networked computer systems and ongoing system upgrades. Mr. Brown is familiar with most major software programs, is able to construct computers from component parts, and he is experienced in the installation and management of network operating systems. 1990-98 Mr. Brown co-founded Software Mania, Inc. (SMI), an independent software company that specialized in the sale of “off-the-shelf” software programs for IBM compatible and MAC computers. Located in Timonium, Maryland in the early ‘90s, the principals of SMI discovered that volatile market conditions were causing a change in focus from selling primarily software to selling computer systems and related accessories. Eventually, SMI’s focus evolved to the point that it now concentrates primarily on wholesale sales to corporate clients and computer resellers. 1983-89 As co-owner and operator of Cascade Lake, Hampstead, Maryland, Mr. Brown restored and revived an aging and deteriorating recreation facility in just two short years. Faced with a facility that had literally fallen apart, Mr. Brown managed to restore not only the physical property, but also the community’s confidence in a historic Carroll County landmark. During Mr. Brown’s ownership of Cascade Lake, the business enjoyed an annual increase in sales and profits of twenty-five percent for five consecutive years. During this period, Mr. Brown was responsible for construction, restoration, maintenance, and water quality management. 1976-83 As co-owner and operator of a specialty auto parts business for six years, Mr. Brown gained valuable marketing experience as a direct marketer and manufacturer of Chevrolet Corvette parts and supplies. During this period, Mr. Brown’s B.J. Corvette Supplies, Inc. of Finksburg, Maryland, operated a national mail order house specializing in hard to find parts for the Corvette hobbyist and restorer. Mr. Brown was responsible for remanufacturing several rare and discontinued parts critical to Corvette restoration. 1962-68 In the early ‘60s, Mr. Brown owned and operated several small businesses including a paint and tile contracting business, a rare coin and stamp business, and, as co-owner, a home building business. 86935.1 BIOGRAPHY Kevin W. Brown Vice President--QTI Internet Services, Inc. and Quantum Telecommunications, Inc. Summary: Mr. Brown is an entrepreneur and life-long resident of Maryland. Mr. Brown is one of the founders of QTI Internet Services, Inc., Baltimore’s largest local Internet provider with over 7,500 users. Through his role as Vice President and Director of Engineering, Mr. Brown has gained extensive first-hand experience and knowledge about the telecommunications industry and its associated technologies. Employment History: 1995-present In 1995, Mr. Brown co-founded QTI Internet Services, Inc. Originally intended to provide Internet service to Carroll County, QTI expanded operations to include Baltimore City when Bell Atlantic was unable to service QTI’s needs for additional line capacity. Since then, QTI has grown rapidly and now services over 7,500 users in the Baltimore metropolitan area. QTI has gained the reputation of being one of the area’s most reliable Internet providers, and services other ISPs, banks, state agencies, universities and organizations that require high-availability Internet access. As a member of Lucent Technologies’ Postmaster Beta team, Mr. Brown has worked closely with Lucent Technologies engineering staff and has actively participated in Lucent’s quality assurance program. As a result of his experience with Lucent, Mr. Brown has gained valuable knowledge and experience with the “low-level” operation of the telecommunications equipment used to operate QTI’s network. Since founding QTI Internet Services, Mr. Brown has gained first-hand experience in many aspects of telecommunications, including wide-area networking, data and voice communications, Internet infrastructure, computer and network security, cabling technology and communications hardware engineering. 1989-1996 Mr. Brown owned and operated the QTI Bulletin Board system (BBS), an electronic forum for the exchange of freeware/shareware software programs and electronic mail. The QTI BBS was the first BBS in Maryland to provide the public with free Internet e-mail. The QTI BBS was also one of the world’s first BBS’s to provide text-based interactive access to the Internet. 86935.1 1994-1995 During this period, Mr. Brown worked as a service technician for Basically Computers, Inc., Westminster, Maryland. Mr. Brown serviced local area networks, PC’s and workstations for a variety of manufacturing companies. 1990-1994 Software Mania, Inc., of Timonium, Maryland employed Mr. Brown as its Service Manager. Mr. Brown supervised the building, installation and repair of personal computers and local area networks. 86935.1 BIOGRAPHY Johanna H. Brown Secretary/Treasurer--QTI Internet Services, Inc. and Quantum Telecommunications, Inc. Summary: A resident of Maryland most of her life, Mrs. Brown is an entrepreneur who has, with her husband, co-founded several successful businesses over the past twenty-five years. Mrs. Brown co-founded and is President of Software Mania, Inc., once a retail software outlet in Timonium, Maryland that now sells wholesale software and computer products to corporate accounts. Primarily responsible for sales and day-to-day operations, Mrs. Brown has gained extensive sales and practical technical knowledge about software and computers. Education: B.A., Childhood Education Towson University, Towson, Maryland Graduate Studies Johns Hopkins University, Baltimore, Maryland Employment History: 1995-98 Secretary/Treasurer and General Manager of QTI Internet Services, Inc., an Internet service provider that provides ISDN, DS-0, DS-1, and DS-3 circuits to over 7,500 users in the Baltimore metropolitan area and surrounding counties. QTI’s customers include banks, state agencies, schools, universities, Internet service providers, and small to large businesses that require reliable, high speed Internet access. QTI prides itself in providing its customers the highest level of service and support as well as network uptime of 99.99 percent. As General Manager of QTI Internet Services, Inc., Mrs. Brown is responsible for sales and day-to-day operations. 1990-98 Mrs. Brown co-founded Software Mania, Inc. (SMI), an independent software company that specialized in the sale of “off-the-shelf” software programs for IBM compatible and MAC computers. Located in Timonium, Maryland in the early ‘90s, the principals of SMI discovered that volatile market conditions were causing a change in focus from selling primarily software to selling computer systems and related accessories. Eventually, SMI’s focus evolved to the point that it now concentrates primarily on wholesale sales to corporate clients and computer resellers. As President, Mrs. Brown is responsible for sales and day-to-day operations. 86935.1 1983-89 As co-owner and operator of Cascade Lake, Hampstead, Maryland, Mrs. Brown restored and revived an aging and deteriorating recreation facility in just two short years. Faced with a facility that had literally fallen apart, Mrs. Brown managed to restore not only the physical property, but also the community’s confidence in a historic Carroll County landmark. During Mrs. Brown’s ownership of Cascade Lake, the business enjoyed an annual increase in sales and profits of twenty five percent for five consecutive years. During this period, Mrs. Brown was responsible for the supervision of fifteen full-time employees as well as purchasing, accounting and administrative functions. 1976-83 As co-owner and operator of a specialty auto parts business for six years, Mrs. Brown gained valuable marketing experience as a direct marketer and manufacturer of Chevrolet Corvette parts and supplies. During this period, Mrs. Brown’s B.J. Corvette Supplies, Inc., Finksburg, Maryland, operated a national mail order house specializing in hard to find parts for the Corvette hobbyist and restorer. Mrs. Brown was responsible for advertising, accounting, and shipping. 1970-76 Mrs. Brown taught elementary education for the Baltimore County Public School System. She was qualified to teach grades 1-6 and had extensive experience with open-space classrooms and team teaching. 86935.1 Exhibit D MARYLAND INTRASTATE INTEREXCHANGE TELECOMMUNICATIONS SERVICES TARIFF 86935.1 Exhibit E MARYLAND SWITCHED ACCESS TELECOMMUNICATIONS SERVICES TARIFF 86935.1