0001209191-13-004295.txt : 20130124 0001209191-13-004295.hdr.sgml : 20130124 20130124172219 ACCESSION NUMBER: 0001209191-13-004295 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20130122 FILED AS OF DATE: 20130124 DATE AS OF CHANGE: 20130124 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FAIRPOINT COMMUNICATIONS INC CENTRAL INDEX KEY: 0001062613 STANDARD INDUSTRIAL CLASSIFICATION: TELEPHONE COMMUNICATIONS (NO RADIO TELEPHONE) [4813] IRS NUMBER: 133725229 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 521 EAST MOREHEAD ST STREET 2: STE 250 CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 7043448150 FORMER COMPANY: FORMER CONFORMED NAME: MJD COMMUNICATIONS INC DATE OF NAME CHANGE: 19980527 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MAHONEY MICHAEL J CENTRAL INDEX KEY: 0001242391 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32408 FILM NUMBER: 13546383 4 1 c31109_4x1.xml MAIN DOCUMENT DESCRIPTION X0306 4 2013-01-22 0001062613 FAIRPOINT COMMUNICATIONS INC FRP 0001242391 MAHONEY MICHAEL J C/O FAIRPOINT COMMUNICATIONS, INC. 521 E. MOREHEAD STREET, SUITE 500 CHARLOTTE NC 28202 1 0 0 0 Common stock, par value $0.01 per share 2013-01-22 4 A 0 12685 A 27268 D Stock Options (2010 Long Term Incentive Plan) 9.36 2013-01-22 4 A 0 7576 A 2014-01-22 2023-01-22 Common stock, par value $0.01 per share 7576 7576 D Represents restricted shares of FairPoint Communications, Inc. (the "Company") common stock, par value $0.01 per share, issued pursuant to the Company's 2010 Long Term Incentive Plan (the "LTIP") on January 22, 2013 (the "Grant Date"). All of these restricted shares vest on the first anniversary of the Grant Date. No consideration was paid by the Reporting Person for these restricted shares. Represents stock options issued pursuant to the LTIP on January 22, 2013. All of these stock options vest on the first anniversary of the Grant Date. No consideration was paid by the Reporting Person for these stock options. Exhibit List: Exhibit 24.1 - Power of Attorney /s/ Shirley J. Linn, Attorney-in-fact 2013-01-24 EX-24 2 c31109_24.htm POWER OF ATTORNEY Power of Attorney
EXHIBIT 24.1

POWER OF ATTORNEY

Know all by these presents that the undersigned hereby constitutes and appoints each of Shirley J. Linn and Garrett Van Osdell signing singly, and with full power of substitution, the undersigned’s true and lawful attorney-in-fact to:

(1) prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the U.S. Securities and Exchange Commission (the “SEC”) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934 or any rule or regulation of the SEC;

(2) execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer and/or director of FairPoint Communications, Inc. (the “Company”), Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder, and any other forms or reports the undersigned may be required to file in connection with the undersigned’s ownership, acquisition, or disposition of securities of the Company;

(3) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, or 5, or other form or report, and timely file such form with the SEC and any stock exchange or similar authority; and

(4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, and in the best interest of, or legally required by, the undersigned.

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934.

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

This Power of Attorney may be executed in counterparts and all such duly executed counterparts shall together constitute the same instrument. This Power of Attorney shall not revoke any powers of attorney previously executed by the undersigned. This Power of Attorney shall not be revoked by any subsequent power of attorney that the undersigned may execute, unless such subsequent power of attorney expressly provides that it revokes this Power of Attorney by referring to the date and subject hereof.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this   3rd   day of   March     ,2011 .

/s/ Michael J. Mahoney          
Michael J. Mahoney               

State of                                                    )
North Carolina                                        

County of                                                ) ss.:
Mecklenburg                                           

On the   3rd   day of   March  in the year 2011 before me, the undersigned, personally appeared Michael J. Mahoney, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

/s/ John M. Harris                  
Notary Public
My commission expires
March 5, 2012