20071030Application.pdf

BINGHAM
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Bingham McCutchen LLP
2020 K Street NW
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bingham.com
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Harry Malone
Katie B. Besha
Direct Phone: [phone]
Direct Fax: [phone]
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October 26, 2007
Via FedEx tv b- t--()~ -
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ill 83702
Re: Bandwidth.com CLEC LLC - Application for a Certificate of
Public Convenience and Necessity to Provide Local Exchange
Services
Dear Ms. Jewell:
Please find enclosed, on behalf of Bandwidth.com CLEC, LLC ("Bandwidth.com ), an
original and seven (7) copies of Bandwidth.com s Application for a Certificate of Public
Convenience and Necessity to Provide Local Exchange Services. An electronic version
of the Illustrative Tariff contained in this Application is also included on the enclosed
disk.
Please note that the financial information attached as Exhibit C to the original copy of the
application is proprietary and confidential trade secret information and thus is being
submitted under seal. Bandwidth.com respectfully requests that the information be
accorded confidential treatment and that it not be made a part of the public record or
otherwise be made available for public disclosure. This information is provided in a
sealed envelope attached only to the original copy of the application.
Additionally, please note that Bandwidth.com is currently in the process of obtaining its
Authority to Transact Business as a Foreign Corporation in Idaho. Once received, we
will supplement this Application with it, as Exhibit B , as soon as possible.
N72288 139.
Bingham McCutchen LLP
bingham.com
Jean D. Jewell, Secretary
October 26, 2007
Page 2
Please date stamp and return the enclosed extra copy of this filing in the self-addressed
postage-prepaid envelope provided. Should you have any questions concerning this
matter, please do not hesitate to contact the undersigned at [phone].
Respectfully submitted
, .
~ \2.. - '"Ck:C:iJ 'V-
Harry Malone
Katie B. Besha
N72288139.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
For a Certificate of Public Convenience
and Necessity to Provide Local Exchange
Services
Docket No. B ivCJ-
(- ()
Bandwidth.com CLEC, LLC
APPLICATION OF BANDWIDTH. COM CLEC. LLC
Bandwidth.com CLEC , LLC ("Bandwidth" or "Applicant"), by its undersigned attorneys
and pursuant to Idaho Code ~~61-526-528, IDAPA 31.01.01.111 , and Procedural Order No.
26665 , hereby applies to the Idaho Public Utilities Commission ("Commission ) for a Certificate
of Public Convenience and Necessity to authorize Bandwidth to provide facilities-based and
resold local exchange telecommunications service in the State of Idaho.
In support of its application, Bandwidth provides the following:
Proposed Services
Bandwidth seeks authority to provide facilities-based and resold local exchange
telecommunications services to and from all points in the State of Idaho.
Bandwidth intends to provide facilities-based and resold local exchange
telecommunications services. Bandwidth will comply with all applicable Commission rules
regulations and standards, and will provide safe, reliable and high-quality telecommunications
services in Idaho. While Applicant will offer traditional voice services to customers utilizing the
public switched network, Applicant will also offer services using Internet Protocol to provide
voice and data applications that interact seamlessly with the traditional public switched network.
Applicant will continuously monitor and maintain a high level of control over its network on a
24-hours-a-day, 7-days-a-week basis.
N72284873.
Bandwidth is currently in the process of developing its marketing strategy for the
State of Idaho. Bandwidth will utilize a professionally trained sales force to market its services
and will comply with all Commission rules and regulations in marketing its services in the State
of Idaho.
II.Form of Business
Bandwidth is a competitive provider of local and long distance phone services.
Bandwidth is currently authorized to provide telecommunications services in the states of
California, Florida, Illinois, New York, North Carolina, Ohio, Pennsylvania and Texas. Applicant
has applications pending in Georgia and Virginia. Bandwidth has not been denied requested
certification in any jurisdiction.
Bandwidth.com CLEC, LLC is a corporation organized under the laws of the
State of Delaware.
Bandwidth may be reached at its principal place of business:
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
Bandwidth does not have a principal business address in Idaho.
A copy of its Articles of Incorporation is attached hereto as Exhibit A.
Bandwidth's authority to transact business as a foreign corporation in Idaho is
attached hereto as Exhibit B.
Bandwidth's registered agent for service in Idaho is:
CT Corporation System
1111 W Jefferson #530
Boise ID 83702
AJ72284873.
Bandwidth.com CLEC, LLC is wholly owned by Bandwidth.com Inc. The five
largest shareholders are:
N72284873.
Henry Kaestner
3708 Saint Marks Rd
Durham, NC 27707
4001 Weston Parkway
Cary, NC 27513
David Morken
113 Glen Haven Drive
Chapel Hill, NC 27514
4001 Weston Parkway
Cary, NC 27513
James Bowen
415 Union
Wheaton, IL 60187
1001 Warrenville Road, Suite 300
Lisle, IL 60532
Steve Lerner
110 Sandy Creek Trail
Chapel Hill, NC 27516
400 Meadowmont Village Circle, Suite 431
Chapel Hill, NC 27517
Thomas M. Smith Jr.
4086 Penshurt Park
Sarasota, FL 34235
No office address
The Directors of Bandwidth are:
David Morken, President & Chairman
Henry Kaestner, CEO & Director
Lance Condray, CFO
All directors can be reached at Applicant's principle place of business.
Bandwidth.com CLEC, LLC is a wholly owned subsidiary of Bandwidth. com Inc.
10.Bandwidth has no subsidiaries.
11.Correspondence pertaining to this Application should be directed to Bandwidth'
counsel:
Harry Malone
Katie Besha
Bingham McCutchen
2020 K St. NW
Washington, DC 20006
Phone: [phone]
Fax: [phone]
harry.malone(fYbingham.com
katie. besha(fYbingham. com
III.Telecommunications Service
Bandwidth intends to begin providing service in Idaho shortly after it obtains
authorization to do so. It anticipates that it will enter into the appropriate interconnection and
service arrangements with Qwest Corporation ("Qwest") to offer such services.
Bandwidth proposes to provide resold and facilities-based local exchange
telecommunications services to both business and residential customers in the State of Idaho.
IV.Service Territory
Bandwidth intends to provide service throughout the State of Idaho. Bandwidth
intends to provide service in the areas served by Qwest and does not plan to provide service in
areas of any small or rural local exchange carriers.However, Bandwidth seeks statewide
authority so that it may expand into other service areas as market conditions warrant and as
additional service areas become open to competition.
Bandwidth will offer basic local exchange services to customer in the State
Idaho.Bandwidth anticipates that it will offer facilities-based local exchange service via
AJ72284873.
commercial wholesale agreements with incumbents. Bandwidth, however, seeks the full range
of resold and facilities-based local exchange authority so that it can have flexibility in
provisioning its services in the future.
Bandwidth will compete directly with Qwest Corporation for the provision of
local exchange telecommunications services.
Bandwidth does not currently own facilities or property in Idaho.
IV.Financial Information
The success of Bandwidth's parent company, Bandwidth.com, Inc., in developing
innovative products and. services and in expanding its geographic reach has translated into
impressive growth in recent years and as such Bandwidth will be relying on it's parent company
for full financing. Bandwidth.com, Inc, is well-qualified financially to operate and expand its
business through its subsidiary.Financial information demonstrating Bandwidth's financial
qualifications is provided under seal as Exhibit C. As shown in the attached information
Bandwidth is financially qualified to operate within the State of Idaho.
Illustrative" Tariff Filings
Bandwidth's proposed initial local exchange is attached as Exhibit D.
VI.Customer Contacts
Bandwidth's toll-free number for customer inquiries is 800-808-5150. Additionally,
customer inquiries and complaints may be directed to:
Email address for complaints:info(fYbandwidth.com
Individual responsible for complaints:
Joe Campbell, Vice President of Operations
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
N72284873.
Phone: [phone]
Fax: [phone]
The contact for the Commission Staff for resolving matters concerning rates and price
lists or tariffs are as follows:
Joe Campbell, Vice President of Operations
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
The contact for the Commission Staff for general business and regulatory matters of
Bandwidth following certification should be directed to:
David Morken, President
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
VIII. Interconnection Agreements
Bandwidth has not yet initiated interconnection negotiations but intends to do so upon
being granted authority by the Commission. Once Bandwidth has conducted negotiations and
reached agreements either by negotiation or arbitration, Bandwidth will file copies of them with
the Commission for its approval.
IX.Compliance with Commission Rules
Attached hereto is a sworn verification executed by Applicant stating that the Applicant
agrees to comply with all Idaho laws and Commission rules and regulation.
Escrow Account or Security Bond
Should Bandwidth decide to require advance deposits from its customers, it will enter
into an escrow agreement with a bonded escrow agent prior to offering telecommunications
N72284873.1
services in Idaho. Bandwidth will comply with all applicable Idaho laws and Commission rules
and regulations regarding advance customer deposits. Should Bandwidth decide to require
advance deposits, Bandwidth will file a copy of its escrow agreement upon commission
request.
XI.Conclusion
As demonstrated by this application and pursuant to Idaho Code ~~61-526-528, IDAPA
31.01.01.111 and Procedural Order No.26665 Bandwidth'expertise III the
telecommunications sector will permit it to select the most economic and efficient services
thereby providing customers with an excellent combination of price, quality, and customer
service. Accordingly, Bandwidth anticipates its proposed service will increase consumer choice
of innovative, diversified, and reliable service offerings. The provision of more affordable and
available local telecommunications services will promote the health, welfare and economic well-
being of the citizens of Idaho.Bandwidth respectfully submits that the public interest
convenience, and necessity would be furthered by a grant of this Application for the authority to
provide all types of facilities-based and resold local telecommunications services.
N72284873.1
WHEREFORE, Bandwidth.com CLEC, LLC, respectfully requests that the Idaho Public
Utilities Commission issue a Certificate of Public Convenience and Necessity authorizing
Bandwidth to provide resold and facilities-based local exchange telecommunications services
within the State of Idaho.
Respectfully Submitted
(ettU
Harry Malone
Katie Besha
Bingham McCutchen
2020 K St. NW
Washington, DC 20006
Phone: [phone]
Fax: [phone]
harry.malone~bingham.com
katie. besha(fYbingham. com
Counsel for Bandwidth.com CLEC LLC
Dated: October 26, 2007
N72284873.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Verification
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EXHIBITS
Articles of Incorporation
Authority to Transact Business as a Foreign Corporation
Financial Statements
(CONFIDENTIAL - Submitted Under Seal)
Illustrative Local Exchange Tariff
EXHIBIT A
Articles of Incorporation
N72284873.
tj)elaware PAGE
%e !First State
, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COpy OF THE CERTIFICATE OF FORMATION OF "BANDWIDTH. COM CLEC,
LLC", FILED IN THIS OFFICE ON THE NINTH DAY OF JANUARY, A.
2007, AT 12:51 O'CLOCK P.
4281536 8100
~~ ~91-~
070024357
Harriet Smith Windsor, Secretary of State
AUTHENTICATION: 5339487
DATE: 01-09-
FIRST:
SECOND:
THIRD:
STATE OF DELAWARE
LIMITED LIABILITY COMPANY
CERTIFICATE OF FORMATION
State of Del.-are
Sec:zetluy of State
Division of Cozporations
Delivezed 01:21 PM 01/09/2007
FILED 12:51 PM 01/09/2007
SRV 070024357 - 4281536 FILE
The name of the limited liability company is Bandwidth.com CLEC, LLC.
The address of the registered office in the State of Delaware is 2711 Centerville
Road, Suite 400 in the City of Wilmington, County of New Castle. The name of
its Registered Agent at such address is Corporation Service Company.
This Certificate of Formation shall be effective upon filing.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation of
Bandwidth.com CLEC, LLC, this 9th day of January, 2007.
US2000%4696S.
Cu., G
W. Christopher Matton. Authorized Person
....._-----
AJ72284873.1
EXHIBIT B
Authority to Transact Business as a Foreign Corporation
EXHIBIT C
Financial Statements
(CONFIDENTIAL - Submitted Under Seal)
AJ72284873.1