B. STATEMENT OF OWNERSHIP TESS Communications, Inc. ("TESS") is a Delaware Corporation, which was organized in March 1999. Its principle shareholders are Stephan H. Andrade and James E. Cook, holding common stock, and Geocapital partners holding Series A preferred stock. On August 5, 1999, TESS acquired a controlling interest in TESS Communications of Colorado, Inc., a Colorado Corporation ("TESS - Colorado"), formerly known as Telecommunications Engineering Services and Systems, LLC. TESS - Colorado was originally organized on May 21, 1996, as a limited liability company. It converted to a corporate status in 1999. TESS Colorado holds a certificate to operate as a facilities based and non-facilities based competitive local exchange carrier of telecommunications services ("CLEC") from the Colorado Public Utilities Commission ("COPUC"). TESS applied for and was awarded a certificate to operate as a CLEC from the Arizona Corporations Commission ("ACC") on April 16, 2000, subject to effecting compliance with the terms of the Arizona Commission. On May 17, 2000, the ACC found TESS compliant with all terms relating to its certification. In May 2000, TESS also formed a subsidiary named TESS Communications of Arizona, Inc. ("TESS -Arizona"). It is the intention of TESS to transfer the certification obtained from the Arizona Corporation Commission from TESS to TESS - Arizona within the next year. TESS formed a subsidiary in the state of Nevada on April 18, 2000, named TESS Communications of Nevada, Inc. ("TESS - Nevada"). It is the intention of TESS - Nevada to apply for a certificate to operate as a CLEC in the state of Nevada. TESS formed a subsidiary in the state of New Mexico on August 8, 2000, named TESS Communications of New Mexico, Inc. ("TESS - New Mexico"). TESS - New Mexico applied for a certificate to operate as a CLEC in the state of New Mexico on September 14, 2000. TESS formed a subsidiary in the state of Washington on August 2, 2000, named TESS Communications of Washington, Inc. ("TESS - Washington"). TESS - Washington applied for a certificate to operate as a CLEC in the state of Washington November 10, 2000. TESS formed a subsidiary in the state of Minnesota on August 2, 2000, named TESS Communications of Minnesota, Inc. ("TESS - Minnesota"). It is the intention of TESS - Minnesota to apply for a certificate to operate as a CLEC in the state of Minnesota the week of November 20, 2000. TESS formed a subsidiary in the state of Florida on October 11, 2000, named TESS Communications of Florida, Inc. ("TESS - Florida"). It is the intention of TESS - Florida to apply for a certificate to operate as a CLEC in the state of Florida as soon as possible. FCC FORM 1275 CERTIFICATION FOR OPEN VIDEO SYSTEMS TESS COMMUNICATIONS, INC. Page 1 CERTIFICATE OF SERVICE I, Kristi Ashton, herby certify that a completed and signed FCC Form 1275 Certification for Open Video System of TESS Communications, Inc. was sent on November 24, 2000 via overnight delivery to the parties listed below: Magalie R. Salas Office of the Secretary Federal Communications Commission 445 12th Street, S.W., Room TWB204 Washington, D.C. 20554 Deborah A. Lathen Office of the Bureau Chief Cable Services Bureau Federal Communications Commission 445 12th Street, SW, Room 3-C734 Washington, DC 20554 Commissioner Furchtgott-Roth Federal Communications Commission 444 12th Street, S.W. Room 8-A302C Washington, D.C. 20554 William H. Johnson Deputy Bureau Chief Cable Services Bureau Federal Communications Commission 445 12th Street, SW, Room 3-C742 Washington, DC 20554 Sherille Ismail Deputy Chief Consumer Protection and Competition Division Cable Services Bureau Federal Communications Commission 445 12th Street, SW, Room 4-C802 Washington, DC 20554 Deborah Klein Division Chief Consumer Protection and Competition Division Cable Services Bureau Federal Communications Commission 445 12th Street, SW, Room 4-A820 Washington, DC 20554 Commissioner Michael K. Powell Federal Communications Commission 444 12th Street, S.W. Room 8-A204C Washington, D.C. 20554 Chairman William E. Kennard Federal Communications Commission 444 12th Street, S.W. Room 8-B201H Washington, D.C. 20554 Commissioner Tristiani Federal Communications Commission 444 12th Street, S.W. Room 8-C302C Washington, D.C. 20554 I further certify that copies of the foregoing FCC Form 1275 Certification for Open Video System of TESS Communications, Inc. were sent, pursuant to Title 47 C.R.F. § 76.1502(d)(1), on November 21, 2000 via first-class USPS mail to the parties listed below: Mike Hein Town Manager Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 Daniel J. Hochuli Attorney - Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 Horatio E. Skeete City Manager City of Litchfield Park 214 West Wigwam Boulevard Litchfield Park, Arizona 85340 Susan Goodwin City Attorney City of Litchfield Park 214 West Wigwam Boulevard Litchfield Park, Arizona 85340 Elaine T. Valente Adams County Commissioner District I Administration Building 450 South 4th Avenue Brighton, Colorado 80601 Ted Strictland Adams County Commissioner District II Administration Building 450 South 4th Avenue Brighton, Colorado Martin J. Flaum Adams County Commissioner District III Administration Building 450 South 4th Avenue Brighton, Colorado 80601 George DiCiero City Manager City of Broomfield One Des Combes Drive Broomfield, Colorado 80020 Roy Howard City Attorney City of Broomfield One Des Combes Drive Broomfield, Colorado 80020 Robert Slentz City Attorney Town of Castle Rock 100 N. Wilcox Street Castle Rock 80104 Don Jones Interim City Manager-Don Jones Town of Castle Rock 100 N. Wilcox Street Castle Rock 80104 Gary V. Scales City Attorney City of El Mirage 14405 N. Palm Street El Mirage, AZ 85335 Stuart R. Brackney City Manager City of El Mirage 14405 N. Palm Street El Mirage, AZ 85335 James H. Oeser City Attorney City of Goodyear 119 N. Litchfield Road Goodyear, Arizona 85338 Stephen Cleveland City Manager City of Goodyear 119 N. Litchfield Road Goodyear, Arizona 85338 Kristi Ashton FCC FORM 1275 CERTIFICATION FOR OPEN VIDEO SYSTEMS TESS COMMUNICATIONS, INC. Page 1 FCC FORM 1275 CERTIFICATION FOR OPEN VIDEO SYSTEMS TESS COMMUNICATIONS, INC.