Zayo Certificate of ConvenienceVia Electronic Mail: shandi.wicks@salina.org
Ms. Shandi Wicks, CMC
City Clerk
City of Salina, Kansas
P.O. Box 736
Salina, KS 67402-0736
Re: Zayo Group LLC/IdeaTek Systems, Inc.
Dear Ms. Wicks:
32 Corporate Woods, Suite 600
9225 Indian Creek Parkway
Overland Park, Kansas 66210-2000
913.498.2100
Fax 913.498.2101
MEMBER
lag
IMagrated AMisory
Group International
As a follow-up to my letter dated December 8 regarding Zayo Group LLC's stock
purchase of IdeaTek Systems, Inc., I enclose a copy of Zayo's Certificate of Convenience and
Authority to Provide Local Exchange and Exchange Access within the State of Kansas.
If you have any questions or comments, please contact me at (316) 291-9589 or e-mail at
cewatson@foulston.com. Thank you for your attention to this matter.
Regards,
FOULSTON SIEFKIN LLP
C. Edward Watson, II
CEW/das
Enclosure
c via e-mail: Greg A. Bengston, 7aben 7th son(j ,cml-law.com
Aaron O. Martin, aomartin(a�cml-law.com
F0ULST0NMSIEFKINLLP
Bank of America Tower, Suite 1400
534 South Kansas Ave.
ATTORNEYS AT LAW
Topeka, Kansas 66603-3436
785.233.3600
1551 N. Waterfront Parkway, Suite 100
Fax 785.233.1610
Wichita, Kansas 67206-4466
MEM R
LEX MU NDI:THEWORLD'S
316.267.6371
LEADING ASSOCIATION
OF INDEPENDENT LAW FIRMS
www.foulston.com
C. Edward Watson, II
316.291.9589
866.347.5153 Fax
cewatson@foulston.com
December 16, 2014
Via Electronic Mail: shandi.wicks@salina.org
Ms. Shandi Wicks, CMC
City Clerk
City of Salina, Kansas
P.O. Box 736
Salina, KS 67402-0736
Re: Zayo Group LLC/IdeaTek Systems, Inc.
Dear Ms. Wicks:
32 Corporate Woods, Suite 600
9225 Indian Creek Parkway
Overland Park, Kansas 66210-2000
913.498.2100
Fax 913.498.2101
MEMBER
lag
IMagrated AMisory
Group International
As a follow-up to my letter dated December 8 regarding Zayo Group LLC's stock
purchase of IdeaTek Systems, Inc., I enclose a copy of Zayo's Certificate of Convenience and
Authority to Provide Local Exchange and Exchange Access within the State of Kansas.
If you have any questions or comments, please contact me at (316) 291-9589 or e-mail at
cewatson@foulston.com. Thank you for your attention to this matter.
Regards,
FOULSTON SIEFKIN LLP
C. Edward Watson, II
CEW/das
Enclosure
c via e-mail: Greg A. Bengston, 7aben 7th son(j ,cml-law.com
Aaron O. Martin, aomartin(a�cml-law.com
THE STATE CORPORATION COMMISSION
OF THE STATE OF KANSAS
Before Commissioners: Thomas E. Wright, Chairman
Ward Loyd
In the Matter of the Application of
Zayo Group, LLC for a Certificate
Of Convenience and Authority to Provide Docket No. 11-ZAYC-561-COC
Local Exchange and Exchange Access CLEC
Services within the State of Kansas.
ORDER GRANTING APPLICATION OF ZAYO GROUP
FOR A CERTIFICATE OF CONVENIENCE AND AUTHORITY
TO PROVIDE LOCAL EXCHANGE AND EXCHANGE ACCESS
WITHIN THE STATE OF KANSAS
The above -captioned matter comes on before the State Corporation Commission
of the State of Kansas (Commission) for consideration and determination. Having
examined its files and records, and being duly advised in the premises, the Commission
grants the Application of Zayo Group, LLC (Zayo Group) for a Certificate of
Convenience and Authority to provide local exchange and exchange access within the
State of Kansas (Application).
1. Zayo Group filed its Application on February 3, 2011.
2. Commission staff (Staff) provided its Report and Recommendation (Report)
on March 1.7, 2011, analyzing the Application. Staff's Report was posted on the
Commission's web site on March 22, 2011, to provide interested persons the opportunity
to comment on the Application. No public comments were received.
3. Staff reported that Zayo Group is not providing telecommunications service in
any state. However, it is seeking to be certificated in every state in which its subsidiaries
are currently providing telecommunications services. The Zayo Group has undertaken
such measures so that it can provide telecommunications services after certain corporate
consolidations are completed.
4. Staff noted that a Zayo Group subsidiary, Northwest Telephone, Inc. (NTI),
had been investigated by the Federal Communications Commission (FCC) for alleged
violations of the FCC's customer proprietary network information (CPNI) Annual
Certification requirements. On June 28, 2010, the FCC issued an Order and Consent
under which NTI committed to achieve full compliance with 47 CFR § 64.2009(e). This
rule requires an officer of a telecommunications carrier to sign and file with the FCC a
compliance certificate on an annual basis that the carrier has established operating
procedures that are adequate to ensure compliance with the FCC's rules relative to CPNI.
NTI made a voluntary contribution to the U.S. Treasury in the amount of $7,000.
5. Zayo Group acquired NTI after the alleged violations occurred, but before the
Order and Consent was issued. Because the FCC discharged NIT, Staff believes that NIT
will not be a detriment to Zayo Group's operations.
6. Staff reported that Zayo Group was duly registered with the Kansas Secretary
of State's office and was currently "active and in good standing" with that office. Staff
reviewed the managerial qualifications of Zayo Group and determined that it possessed
adequate expertise to operate telecommunications and billing systems. Staff also
reviewed Zayo Group's financial data and determined that it possessed adequate financial
means to support its operations. The Zayo Group submitted a sample bill that Staff found
to be in compliance with Commission Orders.
7. Staff reminded the Zayo Group to notify the Commission immediately of any
change in address or contact telephone numbers, timely file annual reports, maintain
2
current registration with the Secretary of State's office and pay all Commission and
Kansas Universal Service Fund assessments in a timely manner.
8. Staff recommended Commission approval of the Application.
9. The Commission has reviewed Staff's Report and concludes that it should
967MMME390702�
IT IS, THEREFORE, BY THE COMMISSION ORDERED THAT:
A. The Commission approves the Application of Zayo Group, LLC for a
Certificate of Convenience and Authority to provide local exchange and exchange access
services within the State of Kansas. The Commission cautions Zayo Group to observe
the requirements set out in paragraph 7 supra.
B. The Commission retains jurisdiction over Zayo Group and the subject matter
of this docket for the issuance of such additional orders as the Commission deems
Wright, Chmn.; Loyd, Comm.
Dated: APR 11 2011
r1l
3
Doom
Susan K. Duffy, Executive Director
IN RE: DOCKET NO. 11-ZAYC-561-COC DATE APR 1 1 2011
PLEASE FORWARD THE ATTACHED DOCUMENT {S} ISSUED IN THE ABOVE -REFERENCED DOCKET
TO THE FOLLOWING:
NO, NO.
CERT. PLAIN
COPIES COPIES
2020 K STREET, NW
FLOOR
WASHINGTON, DC 20006
ROBERT LEHR, LITIGATION COUNSEL
KANSAS CORPORATION COMMISSION
1500 SW ARROWHEAD ROAD
TOPEKA, KS 66604-4027
***Hand Delivered***
MARK P. JOHNSON, PARTNER
SNR DENTON US LLP
4520 MAIN STREET
SUITE 1100
KANSAS CITY, MO 64111-7700
Peter Chevalier, ASSOCIATE GENERAL COUNSEL
Zayo Group, LLC
400 CENTENNIAL PKWY STE 200
LOUISVILLE, CO 80027-1210
OnOP A MAILED APR 11 2011
The Docket Room hereby certified that on this day of 20 , it caused a true and correct
copy of the attached ORDER to be deposited inniie United States Mai, postage prepai , an addressed to the above
persons.