20080417notice_of_application_order_no_30533.pdf

Office of the Secretary
Service Date
Aprill?2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BANDWIDTH.COM CLEC, LLC FOR
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE AND TELECOMMUNICATIONSSERVICES
CASE NO. BND-07-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30533
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on October 29 2007, Bandwidth.com CLEC
LLC ("Bandwidth. com ), filed an Application for a Certificate of Public Convenience and
Necessity to provide basic local telephone exchange service throughout the state of Idaho
pursuant to Commission Order No. 26665. Idaho Code 99 62-604 and 62-615; Order No. 26665;
IDAPA 31.01.01.111.
YOU ARE FURTHER NOTIFIED that Bandwidth.com will provide resold and
facilities-based local exchange telecommunications services to both business and residential
customers within the State of Idaho.
YOU ARE FURTHER NOTIFIED that the Company will offer traditional voice
services to customers utilizing the public switched network and also offer services using Internet
Protocol to provide voice over data applications.
YOU ARE FURTHER NOTIFIED that Bandwidth.com will provide these services
by entering into interconnection and service arrangements with Qwest Corporation.
YOU ARE FURTHER NOTIFIED that Bandwidth.com s service territory will
include all areas within the State of Idaho, except those areas currently being serviced by local
exchange carriers ("LECs ) that are eligible for a small or rural carrier exemption pursuant to
Section 251 of the federal Telecom Act of 1996.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30533
of Procedure IDAP A 31.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
472 W. Washington Street
Boise, ID 83702-5918
Harry Malone
Katie Besha
Bingham McCutchen
Attorneys for Bandwidth. com CLEC, LLC
2020 K 8t. NW
Washington, DC 20006
Mail: harry.malone~bingham.com
katie. besha~bingham. com
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise , ID 83720-0074
Street Address for Express Mail:
Bandwidth.com CLEC , LLC
4001 Weston Parkway, Suite 100
Carey, NC 27513
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDUREORDER NO. 30533
Commission offices. The Application is also available on the Commission s Website at
www.puc.idaho.gov and then clicking on the "File Room" and then "Telephone Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 62 of the Idaho Code and specifically
Idaho Code 99 62-615(i). The Commission may enter any final Order consistent with its
authority under Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application will be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this fp +II.
day of April 2008.
A.- JJ
ARSHA H. SMITH, COMMISSIONER
ATTEST:
O:BND-O7-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30533