HomeMy WebLinkAbout103-12 RESOLUTIONRESOLUTION NO. 103-12
A RESOLUTION TO APPROVE THE TELECOMMUNICATIONS
FRANCHISE APPLICATION OF WINDSTREAM COMMUNICATIONS, INC.
AND TO APPROVE THE NON-EXCLUSIVE TELECOMMUNICATIONS
FRANCHISE AGREEMENT WITH WINDSTREAM COMMUNICATIONS,
INC.
WHEREAS, the City Council enacted §110.02 Telecommunication Franchises a year
ago to accommodate the entry into Fayetteville of telecommunication companies to serve our
citizens, businesses, and/or institutions; and
WHEREAS, Windstream Communications, Inc. desires to serve the University of
Arkansas Medical Science institution from the University of Arkansas Research and Technology
Park's hub site with fiber optic connections to many other Arkansas institutions for distance
learning medical consultation, etc. funded by a grant from the National Telecommunications
Information Administration; and
WHEREAS, Windstream Communications, Inc. also wishes to serve retail consumers of
telecommunication services within Fayetteville.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the application of Windstream Communications, Inc. to provide telecommunications services
within Fayetteville and approves the Non -Exclusive Telecommunications Franchise Agreement
with Windstream Communications, Inc. authorizing its use of the City's rights-of-way and public
utility easements for the stated franchise fee.
PASSED and APPROVED this 15th day of May, 2012.
APPROVED: ATTEST:
B
NELD . 1 ' ! AN, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
AGENDA REQUEST
FOR: COUNCIL MEETING OF MAY 15, 2012
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Approve The Telecommunications Franchise Application Of Windstream
Communications, Inc. And To Approve The Non -Exclusive Telecommunications Franchise
Agreement With Windstream Communications, Inc.
APPROVED FOR AGENDA:
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ARKANSAS
www.accessfayetteville.org
LEGAL
DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Chris Brown, City Engineer
Terry Gulley, Transportation Services Director
FROM: Kit Williams, City Attorney
DATE: May 3, 2012
RE• Telecommunications Agreement with Windstream Communications, Inc
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
Windstream Communications, Inc. needs to obtain a Telecommunications
Franchise Agreement in order to provide fiber optic telecommunication services to the
University of Arkansas Medical Sciences institution in Fayetteville. This provision of
new broadband services in Arkansas for UAMS is funded by a $102 million grant from
the National Telecommunication Information Administration of the Department of
Commerce to support a $128 million broadband infrastructure that will serve community
institutions across Arkansas Windstream will also provide some retail
telecommunications services to businesses or persons in Fayetteville for which it should
be assessed the same 4% franchise fee paid by AT&T and the Prairie Grove Telephone
Company.
The proposed Non -Exclusive Telecommunications Franchise Agreement is
authorized by §110.02 Telecommunication Franchises of the Fayetteville Code which
you passed a year ago. Representatives of Windstream Communications, Inc. should be
at your City Council meeting and probably also at your Agenda Session to explain their
proposed project and their request for a Franchise Agreement.
RESOLUTION NO.
A RESOLUTION TO APPROVE THE TELECOMMUNICATIONS
FRANCHISE APPLICATION OF WINDSTREAM COMMUNICATIONS, INC.
AND TO APPROVE THE NON-EXCLUSIVE TELECOMMUNICATIONS
FRANCHISE AGREEMENT WITH WINDSTREAM COMMUNICATIONS,
INC.
WHEREAS, the City Council enacted §110.02 Telecommunication Franchises a year
ago to accommodate the entry into Fayetteville of telecommunication companies to serve our
citizens, businesses, and/or institutions; and
WHEREAS, Windstream Communications, Inc. desires to serve the University of
Arkansas Medical Science institution from the University of Arkansas Research and Technology
Park's hub site with fiber optic connections to many other Arkansas institutions for distance
learning medical consultation, etc. funded by a grant from the National Telecommunications
Information Administration; and
WHEREAS, Wmdstream Communications, Inc. also wishes to serve retail consumers of
telecommunication services within Fayetteville.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the application of Windstream Communications, Inc. to provide telecommunications services
within Fayetteville and approves the Non -Exclusive Telecommunications Franchise Agreement
with Windstream Communications, Inc. authorizing its use of the City's rights-of-way and public
utility easements for the stated franchise fee.
PASSED and APPROVED this 15'h day of May, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NON-EXCLUSIVE
TELECOMMUNICATIONS
FRANCHISE AGREEMENT
This Agreement is entered into this 15's day of May, 2012, between the City of
Fayetteville, AR, a municipal corporation duly organized pursuant to the laws of the State
of Arkansas, and Windstream Communications, Inc. a corporation authorized to do
business in the State of Arkansas.
WITNESSETH
WHEREAS, Fayetteville recognizes that fiber optic telecommunications services
for the purpose of providing information services is essential to the creation and
maintenance of an information network within the City of Fayetteville that can connect to
the information superhighway; and
WHEREAS, Windstream Communications has requested a franchise to use public
rights-of-way, which may include streets, alleys, sidewalks and public utility easements
available for telecommunications purposes that belong to or are controlled by the City or
which are held in trust for the public by the City, hereinafter referred to as the "public
rights-of-way," to install conduit, aerial or other cased fiber optic facilities which may be
used by Windstream Communications to offer services to UAMS and to the general
public within the City; and
WHEREAS, the parties agree that these information services are a
telecommunications service and, therefore, a utility for which a written franchise
agreement may be entered pursuant to Ark. Code Ann. §14-200-101 pursuant to the
rights of the City to control the subject public rights-of-way in accordance with §110.02
Telecommunication Franchises of the Fayetteville Code; and
WHEREAS, the City intends to exercise the full scope of its municipal powers,
including both its police power and contracting authority, to promote the public interest
and to protect the health, safety and welfare of the citizens of the City.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANCTS
AND AGREEMENTS SET FORTH BELOW, THE PARTIES DO HEREBY
CONTRACT AND AGREE AS FOLLOWS:
Section 1: (a) Subject to the provision of this Agreement and §110.02 of the
Fayetteville Code, a non-exclusive Telecommunications Franchise is hereby granted to
Windstream Communications, Inc. for the placement and maintenance of buried and
aerial fiber optic communications cable in the public rights-of-way at the locations
specified in Exhibit "A" attached hereto to service an institution and elsewhere in
Fayetteville to serve other customers.
(b) It is agreed by the parties that this franchise shall have a limited
term commencing May 15, 2012 and shall expire on May 14, 2032, unless the Agreement
is renewed by written agreement of the parties at least 120 days prior to the end of the
primary term, or unless the Franchise is earlier terminated by abandonment or due to
breach by Windstream Communications.
(c) The failure of Windstream Communication to meet any of the
terns of this Agreement shall, after ninety (90) days notice and opportunity to cure,
constitute cause for termination of this franchise by the City. Any termination will be
declared in writing by the Mayor of the City of Fayetteville and shall be subject to due
process review by the Fayetteville City Council.
(d) This franchise is non-exclusive and nothing in this Agreement
shall limit or otherwise impact the right of the City to enter into other franchise
agreement with other parties.
(e) All references to the City Engineer shall be deemed to refer to
the City Engineer or the employees of the City designated by the City Engineer.
Section 2: (a) All work involved in the construction, operation, maintenance,
repair, upgrade, and removal of the fiber optic communications cable shall be performed
by Windstream Communications in a manner and using material in accordance with City
standards as determined by the City Engineer. Windstream Communications shall bore
streets whenever possible. Where street cuts are unavoidable, as determined by the City
Engineer, they shall be approved by the City Engineer and performed in accordance with
the City's Unified Development Code.
(b) Any construction project, including initial installation pursuant
to this franchise, will be completed by Windstream Communications within ninety (90)
clay from the date of commencement (if any City permit is necessary, the date of the
permit shall be the "date of commencement"), provided the City Engineer may allow
reasonable extension due to unexpected weather, acts of God or other reasonable
circumstances that in the sole discretion of the City Engineer justify an extension of the
project target completion date. Failure to complete the project by the completion date
will result in the assessment of liquidated damages in an amount determined in writing by
the City Engineer at the time the City issues any permit or authorizations for the
construction project (or the sum of $100.00 per day if other sum is not so established).
Section 3: The City Shall have no responsibility for the maintenance of the said
buried or aerial fiber optic communications cable. If the same is damaged so as to be
inoperable in any manner, it shall be removed by Windstream Communications at
Windstream Communications' sole cost and expense and in a manner meeting with the
approval of the City Engineer. The City Engineer may allow abandonment rather than
removal if removal would cause undue hardship to Windstream Communications and is
not necessary for the public good.
Section 4: Windstream Communications shall hold the City harmless from and
indemnify the City from all expenses, losses, costs, causes of action and judgments,
including legal fees and expenses arising from the placement, maintenance operation,
repair and removal of said fiber optic communication cable.
Section 5: Windstream Communications shall be a member of and shall
conform to the requirements of the Arkansas One Call system for all purposes including
field locations of utilities prior to placement of the fiber optic communication cable and
any maintenance or repair work thereto.
Section 6: Windstream Communications shall place a $25,000.00 performance
bond with the City to cover the cost of repairs or other incidental costs to the City
associated with service interruption to the City's utility facilities resulting from the
installation of the initial fiber optic communications cable by Windstream
Communications. A similar bond shall be required for subsequent construction projects
utilizing the subject public rights-of-way.
Section 7: Windstream Communications shall procure and maintain in effect
the following insurance policies in amounts determined appropriate by the City Engineer
at the time of issuance of permits or authorizations for construction activities:
Commercial General Liability Insurance, Automobile Liability Insurance, and Workers
Compensation Insurance.
Section 8: The franchise fee for the fiber optic cable providing broadband
service to the institution as shown on Exhibit A is $3,360.00 per year to be paid monthly
on the first day of each month in the amount of $280.00. This amount shall be reviewed
by the City every five years and can be adjusted not to exceed the CPI inflation for that
five year period. The Franchise Fee for all retail telecommunication services is set at
four percent (4%) of Windstream Communications, Inc.'s Gross Revenues received for
its services within Fayetteville during the preceding month pursuant to State law, and
§110.02 (G) of the Fayetteville Code. Windstream Communications, Inc as the
franchisee may, to the extent allowed by law, bill its subscribers within the corporate
limits of the City the franchise fee and reflect such charge on its invoices to subscribers
within the corporate limits of the City.
Section 9: Windstream Communications shall, at its expense, protect, support,
temporarily disconnect, relocate or remove from the subject public rights-of-way any
3
property of Windstream Communications when required at the sole discretion of the City
by reason of the installation or construction of any type of structures or improvements by
the City within its police powers or by reason of traffic conditions, public safety, street
vacation, freeway and street construction, a change or establishment of street grade,
installation or construction of sewers, drains or water pipes In such case Windstream
Communications shall have the right of abandonment of its property, subject to prior
written approval of the City Engineer. If federal or state funds are available at no
expense to the City (including actual cost or the cost of a pro -rata obligation of the City
where a project is funded partially by the State or federal funds and partially by the City
funds) for the purpose of defraying the costs of any utility company of any of the
foregoing, such funds shall also be made available to Windstream Communications if the
federal or state regulations permit.
Section 10: Neither the City nor its officers, employees, agents, attorneys,
consultants or independent contractors shall have any liability to Windstream
Communications, Inc. as a result of any disruption or damage to Windstream
Communications' network that occurs as a result of, or in connection with, any breaking
through, movement, removal, alteration, or relocation of any part of the network by or on
behalf of or the City in connection with construction, relocations, improvement to or
alteration of any city structure built pursuant to its police powers or to any city sidewalk,
trail, water main, sewer main, street or utility facility The City shall reasonably attempt
to avoid any damage to Windstream Communications' network and shall, except in any
emergency situation, provide reasonable notice to Windstream Communications so as to
allow Windstream Communications to protect its network.
Section 11: Any notice of communications required in the administration of this
Agreement shall be sent by first class mail and shall be addressed as follows:
City of Fayetteville
Mayor's Office
113 W. Mountain Street
Fayetteville, AR 72701
Notice shall also be sent by e-mail to mayor@ci.fayetteville ar us and to
cityattomey@ci.fayetteville.ar.us.
Notice to Windstream Communications in regards to Engineering will be sent to:
Windstream Communications, Inc.
4001 Rodney Parham Road
Little Rock, AR 72212
ATTN: Mike Skudin
V.P. Planning & Engineering
4
Notice to Windstream in regard to invoices, payment of fees and all other subjects to:
Windstream Communications, Inc.
4001 Rodney Parham Road
Little Rock, AR 72212
ATTN: Vicki Anger, Staff Manager, Tax Accounting
Notice shall also be sent by e-mail to Bruce.Hurlbut@Windstream.com. and to
Vicki.Anger@Windstream.com
or to such other address as Windstream Communications and the City of Fayetteville
may, in writing, designate from time to time, provided that notice is accomplished by
delivery to only one designated person for the City or Windstream Communications, Inc.
WHEREUPON, the City and Windstream Communications, Inc., acting through
their duly authorized officers and pursuant to appropriate authority granted by their
respective City Council or Board of Directors, do hereby execute this Franchise
Agreement.
CITY OF FAYETTEVILLE,
ARKANSAS
Date:
Attest:
WINDSTREAM
COMMUNICATIONS, INC.
By:
BILL BELLANDO
Vice President Networks Engineering
Witness:
By: ,G Ls B
Sondra E. Smith, City Clerk
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UAMS
UNIVERSITY OF ARKANSAS
UNKI,._G 1-1EI I.TH, EDUCATION, RESEARCH AND P,UBLIC SAFETY FOR MEDICAL SCIENCES
The University of Arkansas for Medical Sciences (UAMS) was awarded $102 million by the National
Telecommunications Information Administration (NTIA) in the Department of Commerce to support a
$128 -million broadband infrastructure that will serve community institutions across Arkansas.
The UAMS Center for Distance Health will expand, integrate, and enhance the capabilities of two major
existing community -serving networks: the Arkansas Tele -health Network as overseen by Arkansas Telehealth
Oversight and Management (ATOM), and the Arkansas Research and Education Optical Network (ARE -ON).
The Arkansas e -Link initiative will touch every county in Arkansas through its extensive partnership of
healthcare, higher education, public safety, and research organizations that are united in their needs for
improved bandwidth and broadband -enabled equipment to better serve their communities.
More than 47o Arkansas locations will use increased bandwidth and new equipment to offer new and
enhanced community services.
Rural patients will be able to...
• See specialty doctors through video without traveling to large cities.
• Access health care research and educational materials through publicly available computers at certain
libraries, health care facilities and higher education locations.
Rural healthcare providers will be able to...
• Keep more local patients because they will be able to work with urban doctors through video in cases
where referrals might not be necessary.
• Stay on top of the latest research through online educational programs made especially for health care
professionals.
Students and teachers will be able to...
• Use broadband connectivity at computers on public college or university campuses.
• Take or teach online courses and access other educational tools.
Librarians at certain public libraries will be able to...
• Help the surrounding communities by providing public access to computers with high-speed broadband
connectivity.
• Involve the public in health care and education provided by larger hospitals or colleges through video.
windstream
Windstream Corp. (Nasdaq: WIN) is a leading provider
of advanced network communications, including
cloud computing and managed services, to businesses
nationwide. The company also offers broadband, phone
and digital TV services to consumers primarily in rural
areas. Windstream has more than 56 billion in annual
revenues and is listed on the S&P soo index. For more
information, visit www.windstream.com.
Capital expenditures:
State and local taxes paid:
Employee count is as of April zoic.
All other numbers are as of December 2013.
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National Overview
windstream
• S&P 500 company with $6 billion in • Approximately 14,500 employees
annual revenue
• More than 100,000 miles of fiber
• More than 450,00o business
customers nationwide • 6 network operations centers
• Over 15o offices across the U.S. • Enterprise -class data centers
Windstream Corp. (Nasdaq: WIN) is a leading provider of advanced network communications,
including cloud computing and managed services, to businesses nationwide. The company also
offers broadband, phone and digital TV services to consumers primarily in rural areas. For more
information, visit www.windstream.com.
ave evl le
Departmental Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAL
DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Chris Brown, City Engineer
Terry Gulley, Transportation Services Director
FROM: Kit Williams, City Attorney
DATE: May 7, 2012
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
RE: Application for Telecommunications Franchise Agreement with Windstream
Communications, Inc.
Windstream Communications, Inc. needs to obtain a Telecommunications
Franchise Agreement in order to provide fiber optic telecommunication services to the
University of Arkansas Medical Sciences institution in Fayetteville. Attached is its
Application for such Franchise as required by the Fayetteville Code Representatives of
Windstream Communications, Inc. should be at your City Council meeting and probably
also at your Agenda Session to explain their proposed project and their request for a
Franchise Agreement.
TELECOMMUNICATIONS
FRANCHISE APPLICATION
Wtndstream Communications , Inc desires to obtain and operate pursuant
(Name of Company)
a Telecommunications Franchise Agreement within the City of Fayetteville.
Wtndstream Communications, Inc.
Telecommunications
(Name of Company)
submits this application for a
Franchise and agrees to comply with all the terms and conditions of §110.02
Telecommunications Franchises and the City of Fayetteville Franchise Agreement to be
approved by the Fayetteville City Council.
(1) The general nature of the services to be provided (including wholesale, retail or both)
is: Retail services to public institution.
(2) The type of construction and its location (if service is limited and not city-wide) will
be: Beginning at AT&T Central Office located at the intersection of West Spring Street and
Northeast Avenue, place cable West along Spring Street for 1,017ft then South along Locust
Avenue 1,405ft and West along Rock Street for 384ft then South along School Avenue for
22,335ft to intersection of School Avenue and Mabry Lane.
Beginning at AT&T Central Office at Intersection of Hwy 71 & West Cato Road — go West on
West Cato Road for a distance of 1,526ft.
From AT&T Central Office to the intersection of West Cato Springs Road and School Street the
proposed routed is underground for 10 304ft.
From the intersection of West Cato Springs Road and School to the intersection of School and
Mabry Lane the proposed route is aerial for 14,837ft. Total footage to be place within the city
limits 26,667ft
(3) The type of facilities to be constructed and/or used include: Placement of (2) 1.25
SDRII innerducts / (1) 48 fiber count cable will be placed into one innderduct and the second
innerduct will be utilized as a spare.
(4) Company history demonstrating it has the financial, legal and technical qualifications
necessary to provide the service for which it seeks a franchise: (The provision of authorization
from the Arkansas Public Service Commission shall be deemed satisfactory evidence for these
qualifications. Please attach such authorization). Attached
(5) Windstream Communications
4401 Rodney Parham Rd.,
Little Rock, AR, 72212
Attention: Dennis Davis
Manager OSP Engineering
501-748-5193
dennis.d.davis@windstream.com
By:
d Representative's Signature
Date:
2
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MAL
Jua Z[ 10 23 All '06
BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION
f ?D
DOCKET NO. 05-156-U
ORDER NO. a 1
IN THE MATTER OF THE APPLICATIONS OF
ALLTEL HOLDING CORPORATE SERVICES,
INC. FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PROVIDE
RESOLD INTEREXCHANGE TELE-
COMMUNICATIONS SERVICE AND
COMPETITIVE LOCAL EXCHANGE SERVICE IN
ARKANSAS AND THE REQUEST FOR
APPROVAL OF TRANSFER
ORDER
On December 22, 2005, Alltel Holding Corporate Services, Inc. ("AHCS") filed
an application for a Certificate of Public Convenience and Necessity ("CCN") to provide
resold interexchange telecommunications service and competitive local exchange service
as a Competing Local Exchange Carrier ("CLEC") in Arkansas. AHCS also requested
approval of the transfer of customers and facilities from Alltel Communications, Inc.
("ACI") to AHCS.
On February 7, 2006, AHCS filed a proposed tariff which replaced in its entirety
the original tariff filed with the application on December 22, 2005.
On May 10, 2006, Ms. Cindy Ireland, Senior Telecommunications Analyst for the
General Staff of the Arkansas Public Service Commission ("Staff"), filed testimony
stating that she had reviewed the application for a CCN and the request for approval of
the transfer of customers and facilities from ACI to ARCS. No other testimony or public
comments were filed.
ARCS and Staff filed a Joint Waiver of Heanng pursuant to Ark. Code Ann. §23-
DOCKET NO. 05-156-U
PAGE 2
3-205, therefore a hearing on this matter is not required.
Ms. Ireland testified that ARCS has opted into the Interconnection Agreement
between Southwestern Bell Telephone, L.P. d/b/a AT&T Arkansas ("AT&T") and
ALLTEL Communications, Inc., which was approved by the Commission in Docket No.
05-087-U on August 26, 2005. Ms. Ireland testified that the application which was filed
indicated that AHCS has the financial, technical and management capacity to provide
resold long distance and competitive local exchange telecommunications services. AHCS
also filed a proposed tariff which included a statement that it concurs in the maps and
legal descriptions of AT&T, CenturyTel of Arkansas, LLC and Centuryl'el of Northwest
Arkansas that are on file with the Commission. Ms. Ireland concluded that the entry of
AHCS as a CLEC within the service territory of AT&T Arkansas and Century Tel is
consistent with the requirements of the Telecommunications Act of 1996 and Act 77 of
1997 and that AHCS be granted a CCN to provide local and intrastate interexchange
telecommunications services in Arkansas. Ms. Ireland also recommended that ARCS be
directed to maintain a current tariff or price list with the Commission, that it be directed
to maintain maps and legal descriptions of the areas to be served or indicate that it
concurs with the appropriate maps and legal descriptions already on file with the
Commission, it be directed to amend its tariff or price list to reflect any changes in the
geographical area served, and that AHCS be directed to participate in the Arkansas
Intrastate Common Carrier Line Pool.
Ms. Ireland further testified that the acquisition of customers and facilities would
be transparent to ACI's customers, and that no change in the terms or conditions of
service would result from the transaction. Ms. Ireland concluded that the transfer of
customers and facilities should be approved.
Based on the testimony of Ms Ireland, the Presiding Officer finds that AHCS
DOCKET NO. 05-156-U
PAGE 3
should be and hereby is granted a CCN to provide local and intrastate interexchange
telecommunications services in Arkansas. ARCS is directed to maintain a current tariff
or price list with the Commission, directed to maintain maps and legal descriptions of the
areas to be served or indicate that it concurs with the appropriate maps and legal
descriptions already on file with the Commission, directed to amend its tariff or price list
to reflect any changes in the geographical area served, and to participate in the Arkansas
Intrastate Common Carrier Line Pool. The Presiding Officer further approves the
transfer of customers and facilities from ACI to ARCS.
There being no further action to be taken in this matter at this time, the Secretary
of the Commission is hereby authorized and directed to close this docket.
BY ORDER OF THE ADMINISTRATIVE LAW JUDGE PURSUANT TO
DELEGATION.
This 22n day of June, 2006.
JU D ��
iana K. Wilson
Secretary of the Commission
Ted Thomas
Administrative Law Judge
I hereby certify that the follow M.,: order issued
by thc Arkansa' Public tics ice ('.mtmission
has been served nn all panics of record this
date by U.S. mail uitli postage prepaid, using
the address of each pun o, indicated in the
oIlic al docket lily.
anA
Ulan Wt so
Seereetary of thc Commission
Dale Ca—aa-Zscsk
Kimberly Bennett
Director
Rip/story Lew end Policy
4001 Rodney Parham Road
1170 — BIF01e3A
Lege Rock. AR 72212
601.7466174
601 -74e -700e fax
July 13, 2006
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RECEIVED
Arkansas Public Service Commission
Attention: Diana Wilson, Secretary of the Commission
1000 Center Street
Little Rock, AR 72201
£LLteL
RE: Name change from Alltel Holding Corporate Services, Inc. to Windstream
Communications, Inc.
Dear Ms Wilson,
Consistent with Alhel Holding Corporate Services, Inc.'s application in Docket No. 05-
156-U, Alltel Holding Corporate Services, Inc. hereby notifies the Commission of its
name change to Windstream Communications, Inc.
Pursuant to Commission Staffs instruction, attached to this letter are the filed Articles of
Amendment with the Secretary of State to facilitate this name change. Also attached to
this letter are the new General Subscriber Tariff, Access Tariff and Long Distance Tariff
of Windstream Communications, Inc. This tariff is identical and does not contain any
substantive changes from the tariffs previously filed for Alltel Holding Corporate
Services, Inc. and Alhel Communications, Inc. The only changes from the existing tariffs
on file with the Commission are the new name and contact information, as applicable, for
Windstream Communications, Inc.
If you have any questions please call me at (501) 748-6374.
Sincerely,
Kimberly K Bennett