B O S T O N B R U S S E L S

C H I C A G O F R A N K F U R T H A M B U R G

H O N G K O N G L O N D O N

LOS A N G E L E S M O S C O W

N E W J E R S E Y

Latham & Watkins ATTORNEYS A T L A W

WWW. LW.COM

VIA FEDERAL EXPRESS

Kentucky Public Service Commission 21 1 Sower Boulevard P.O. Box 615 Frankfort, KY 40602-06 1 5

February 26,2002

N N 0 RTH

O R A I

S / S A N SILIC

SI

W A S H I

FlLE N

Re: Infonet Telecommunications Corporation, Informational Filing for Authority to Operate as a Reseller of Interexchange Telephone Service throughout Kentucky

Dear Sir or Madam:

Enclosed please find an original and 5 copies of the Informational Filing c

W YORK :RN V IRGINIA GE COUNTY PARIS N D I E G O -RANCISCO ON V A L L E Y G A P O R E rOKYO JGTON, D . C .

015915-0107

r Infonet Telecommunications Corporation for Authority to Operate as a Reseller of

Please date stamp and return the extra copy of this filing in the self envelope provided for this purpose. If you have questions regarding this matter,

Telephone Service throughout Kentucky.

(202) 637-2120.

Sincerely,

Jeffrey A. Marks of LATHAM & WATKINS

Enclosures

555 ELEVENTH STREET. N.W., SUITE 1000 WASHINGTON, D.C. 20004-1304 TELEPHONE: (202) 637-2200 FAX: (202) 637-2201

Before the PUBLIC SERVICE COMMISSION OF KENTUCKY

IN THE MATTER OF THE INFORMATIONAL FILING OF ) INFONET TELECOMMUNICATIONS CORPORATION ) FOR AUTHORITY TO OPERATE AS A RESELLER OF ) CaseNo. INTEREXCHANGE TELEPHONE SERVICE THROUGHOUT ) KENTUCKY )

Infonet Telecommunications Corporation (“Infonet”), through its attorney:

hereby submits the following information in accordance with the provisions of Administr

Case No. 359 and its proposed tariffs in accordance with 807 KAR 5:Oll

1.

2.

3.

The name, post office address, telephone and fax number of the applicant corporal

Infonet Telecommunications Corporation 2 160 East Grand Avenue El Segundo, CA 90245 Telephone: (3 10) 335-2600 Fax: (310) 322-6229

A copy of Infonet’s Certificate of Incorporation and Kentucky Certificate of Auth

are attached at Exhibits A and B.

The name, street address, telephone and fax numbers of the responsible person(s)

customer complaints and regulatory issues:

Customer Service Contact:

Wayne Turk Senior Director Customer Care 2 160 East Grand Avenue El Segundo, CA 90245 Telephone: (310) 335-2600 Fax: (310) 322-5190

Customers may also call: 1-800-766-8737

’

itive

ion are:

rity

or

Regulatory Issues:

Paul A. Galleberg Infonet Telecommunications Corporation 2 160 East Grand Avenue El Segundo, CA 90245 Telephone: (310) 335-2600 Fax: (3 10) 322-6229

4. A notarized statement that the company has not provided or collocated for intrast

service in Kentucky prior to filing its tariff is attached as Exhibit C.

5. The company does not seek authority to provide operator assisted services to traf

aggregators as defined in Administrative Case No. 330.

6 . The company’s proposed Interexchange Tariff is attached as Exhibit D.

WHEREFORE, Infonet Telecommunications Corporation requests that th Public

,esale

laws

Service Commission of the Commonwealth of Kentucky grant authority to engage in the

of interexchange telecommunications services to the public in accordance with applicablc

currently in effect or hereinafter enacted by the Commission.

Respectfully submitted this 26th day of February, 2002.

INFONET TELECOMMUNICATIONS CORPORATION

' Jeffrey A. Marks Latham & Watkins 555 Eleventh Street, NW Suite 1000 Washington, DC 20004-1304 Telephone: (202) 637-2200 Fax: (202) 637-2201

Attorneys for In foriet Telecomrnurricatiorzs Corporation

VERIFICATION

iitted

ation

State of California 1

County of Los Angeles ) )ss

I, Paul A. Galleberg, being duly sworn state that I am Secretary of Infone

Telecommunications Corporation, that I have read the forgoing Informational Filing sub

on behalf of Infonet Telecommunications Corporation, and that the statements and infon

contained therein are true and correct to the best of my knowledge and belief.

i My Commission Expires: ///,jp c'C; .7/

EXHIBITS

EXHIBIT A: CERTIFICATE OF INCORPORATION

EXHIBIT B: KENTUCKY CERTIFICATE OF AUTHORITY

EXHIBIT C: NOTARIZED STATEMENT

EXHIBIT D: PROPOSED INTEREXCHANGE TARIFF

EXHIBIT A

CERTIFICATE OF INCORPORATION

State of Delaware PAGE 1 Ofice of the Secretary of State

I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STAT

DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRE

COPY OF THE CERTIFICATE OF INCORPORATION OF "INFONET - TELECOMMUNICATIONS CORPORATION", FILED IN THIS OFFICE ON THE

FOURIPEENTH DAY OF SEPTEMBER, A.D. 2001, AT 9 O'CLOCK A.M.

A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO T

N E W CASTLE COUNTY RECORDER OF DEEDS.

3436196 8100

010457193

a d ' 5% Harriet Smith W i d o r , Semtary o f s t a t e

AUTHENTICATION: 1343333

DATE: 09-14-01

OF

c

STATE OF DELA SECRETARY OF S

F I W 0 9 : O O AM 09. DIVISION OF co~po

010457193 - 34

CERTIFICATE OF INCORPORATION

OF

INFONET TELECOMMUNICATIONS CORPORATION

The undersigned, a natural person, for the purpose of organizing a corporati conducting the business and promoting the purposes hereinafter stated, under the provisior subject to the requirements of the laws of the State of Delaware (particularly Chapter 1, Ti the Delaware Code and the acts amendatory thereof and supplemental thereto, and known, idcntified and referred to as the "Gencral Corporation Law of the State of Delaware"), herc certifies that:

FIRST: The name of the corporation (hereinafter the "Corporation")

INFONET TELECOMMUNICATIONS CORPORATION

SECOND; The name and address, including street, nuniber, city and COI

of the registercd azent of the Corporation in the State of Delaware are:

Corporation Service Company 271 1 Centerville Road, Suite 400 Wilmington, Delaware I9808 County of New Castle

THIRD: The nature of the business and the purposes to be conducted promoted by the Corporation shall be to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of the State of Delawa

FOURTH: The total number of shares of stock which the Corporation s: have authority to issue is One Hundred (100) shares. The par value of each such share is $ All such shares are of one class and are shares of Common Stock.

FIFTH : The name and the mailing address of the incorporator are as follows:

JoAnn Morgan 650 Town Centcr Drive, Suite 2000 Costa Mesa, California 92626-1 925

SlXTH : The Corporation is to have perpetual existence.

RE Te TIWS u/2001 196

1 for and 8 of

I

tY,

Id

11 31.

SEVENTH: The personal liability of the directors of the Corporation eliminated to the fillest extent permitted by paragraph (7) of subsection @) of Section Gencrd Corporation Law of the State of Delaware, as the same may be amended and supplemented.

EIGHTH: The Corporation shall, to the fullest extent permitted by Section 145 of the General Corporation Law of the State of Delaware, as the same may amended and suppleniented, indemnify any and all persons whom it shall have power tc indemnify under said section from and against any and all of the expenses, liabilities or matters referred to in or covered by said section, and the indemnification provided for 1 shall not be deemed exclusive of any other rights to which those indemnified may be er under any Bylaw, agreement, vote of stockholders or disinterested directors or otherwis to action in his official capacity and as to action in another capacity while holding such arid shall continue as to a person who has ceased to be a director, officer, employee or a shall inure to the benefit of the heirs, executors and administrators of such person.

- NINTH: From time to time any of the provisions of this certificate incorporation may be amended, altered or repealed, and other provisions authorized by of the State of Delaware at the time in force may be added or inserted in the manner an( timc prescribed by said laws, and all rights at any time conferred upon the stockholders Corporation by this certificate of incorporation are granted subject to the provisions of 1 Article NINTH. In addition to the other powers expressly granted by statute, the Board Directors shall havc the power to adopt, repeal, alter, amend and rescind the Bylaws of Corporation.

Signed on September 14,2001

IsfJoAnn MorPan JoAnn Morgan Incorporator

2

hereby 12 of the

le

Ither rein itled , both as ffice, ent and

If ie laws at the f the is 'f le

EXHIBIT B

KENTUCKY CERTIFICATE OF AUTHORIT7

1

COMMONWEALTH OF KENTUCKY JOHN Y. BROWN I l l

SECRETARY OF STATE

APPLICATION FOR CERTIFICATE OF AUTHORITY

Pursuant to the provisions of KRS Chapter 2718. 273 or 274, the undersigned hereby applies for auth

1- The corporation is

Kentucky on behalf of the corporation named below and for that purpose submits the following statements:

2. The name of the corporation is

3. The name of the corporation to be used in Kentucky is

a a business corporation (KRS 2718). 0 a nonprofit corporation (KRS 0 a professional service corporation (KRS 274).

lnfonet Telecommunications ___-_--------- Corporation _-

Ty

A i

is the state or country under whose law the corporation is incorporated. 4. Delaware

is the date of incorporation and the period of duration is ~- Perpetual -- 5. 09/14/2001

______-___------ --_--____--_- --_-_ Zip Code I Zip Code

40202 I--

6. The street address of the corporation's principal office is 2160 East Grand Avenue, El Segundo, CA 90245-1022

7. The street address of the corporation's registered office in Kentucky is 400 West Market Street, Suite 1800 Louisville KY

-- Stmt City stat.

___~____-_--_-_______I-----__--_--_-__-___

s a l Clcl stat.

and the name of the registered agent at that office is -- National Registered Agents, - Inc.

I 8. The names and usual business addresses of the corporation's current officers and directors are as follows:

____________I_-______ _-__---___-______-____ Directors _SEE ATTACHED.

(Allach a continualion theel. if necessary)

a professional service described in the statement of purposes of the corporation. 10. A certificate of existence duly authenticated by the Secretary of State accompanies this application. 11. This application will be effective upon filing,

National Registered Agents, Inc. --- 1 . T w u pnni namd d :sgsiarea ~ y e m

SSC-101 (7198)

unless a delayed effective date /-& andlor time ~ is specified: &dt-,"-+-zG.G--- Qualifica ion

01

SI@l.SIW.

SQM~UW d Rqprlarad A g d

Ricardo Orozco, Secretary Assistant -- Typ. u Pnnl Name 6 T111.

(See attached sheet for instructions)

I

INFONET TELECOMMUNICATIONS CORPORATION

Directors:

Jose A. Collazo

Paul A; Galleberg -

Akbar H. Firdosy

Officers:

Jose A. Collazo President and Chief Executive Officer

Paul A. Galleberg S ecretary

Akbar H. Firdosy Chief Financial Officer and Treasurer

Address

2160 East Grand Avenue El Segundo, CA 90245-102

2 160 East Grand Avenue El Segundo, CA 90245-1 02

2 160 East Grand Avenue El Segundo, CA 90245- 102

2 160 East Grand Avenue El Segundo, CA 90245-102

2160 East Grand Avenue El Segundo, CA 90245- 102

2 160 East Grand Avenue El Segundo, CA 90245-102

EXHIBIT C

NOTARIZED STATEMENT

AFFIDAVIT

1

for

State of California )

County of Los Angeles 1 >ss

I, Paul A. Galleberg, Secretary of Infonet Telecommunications Corporati

(“Infonet”), being duly sworn do hereby certify that Infonet has not provided or collecte

intrastate service in Kentucky prior to submitting this Informational Filing and Tariff.

Paul A. Galleberg, Secreta&

EXHIBIT D

PROPOSED INTEREXCHANGE TARIFF

Infonet Telecommunications Corporation

Interexchange Service

P.S.C. : Origins

P.S.C. 1

~~

INFONET TELECOMMUNICATIONS CORPORATION

OF

El Segundo, California

Rates, Rules and Regulations for Furnishing

Resale of Interexchange Telecommunications Services

Throughout the Entire State of Kentucky

.Y No. 1 Sheet 1

YNo. 1

Filed with PUBLIC SERVICE COMMISSION OF KENTUCKY

EFFECTIVE: March 9,2002 4 ISSUED: February 27,2002

ISSUED BY: Infonet Telecommunications Co oration

BY: Paul A. Galleberg, S cretary I