20080606final_order_no_30568.pdf

Office of the Secretary
Service Date
June 6, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
BANDWIDTH. COM CLEC, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS
SERVICES
ORDER NO. 30568
CASE NO. BND- T -07-
On October 29, 2007, Bandwidth.com CLEC, LLC ("Bandwidth. com ) filed an
Application for a Certificate of Public Convenience and Necessity pursuant to Idaho Code ~~ 61-
526 through 528 , IDAPA 31.01.01.111 and Commission Order No. 26665 to provide facilities-
based and resold local exchange telecommunications services in the State of Idaho. Application
at 1. Thereafter, the Commission agreed to process Bandwidth.com s Application through
Modified Procedure and set apart May 8, 2008 as the deadline for comments regarding
Bandwidth.com s Application. See Order No. 30533. Commission Staff was the only party to
submit comments regarding Bandwidth.com s Application.
THE APPLICATION
Bandwidth.com is a Delaware corporation and lists its principal place of business as
Cary, North Carolina. Id. at 2. The Company is registered with the Idaho Secretary of State as a
limited liability company and lists CT Corporation System, 1111 W. Jefferson #530, Boise
Idaho 83702, as its Idaho registered agent for service. Id. at 2.
Bandwidth.com states that it currently provides telecommunications services in the
states of California, Florida, Illinois, New York, North Carolina, Ohio, Pennsylvania and Texas.
Id. The Company "will offer traditional voice services to customers utilizing the public switched
network, Applicant will also offer services using Internet Protocol to provide voice over data
applications.Id. at 1. The Company intends to "enter into the appropriate interconnection and
service arrangements with Qwest Corporation ("Qwest")" in order to "provide resold and
facilities-based local exchange telecommunications services to both business and residential
customers in the state ofldaho.Id. at 4.
Bandwidth.com does not currently own facilities or property in Idaho.Id. at 5.
The Company intends to offer its services throughout the State of Idaho but it "does not plan to
ORDER NO. 30568
provide service in areas of any small or rural local exchange carrier.Id. at 4. The Company has
provided the Commission with the appropriate "Financial Information" and "Illustrative Tariff
Fillings.See id. at 5; Revised Replacement Tariff Filings on March 25 , 2008.
ST AFF COMMENTS
Staff reviewed Bandwidth.com s Application and determined that the Company has
complied with the requirements of Procedural Order No. 26665 and IDAP A 31.01.01.111 and
112. Staff believes that the Company possesses the requisite financial, managerial, and technical
qualifications necessary to operate effectively as a telecommunications provider within the State
of Idaho. The Company advised Staff that it will not seek to collect deposits from its customers
and requests a waiver of the escrow and interest requirements for customer deposit accounts. See
Order No. 26665. Staff explained that if the Company were to require customer deposits in the
future it must then comply with these requirements.
Based upon its review Staff recommended that the Commission approve
Bandwidth.com s Application for a Certificate of Public Convenience and Necessity and waive
the escrow and interest requirements found in Commission Order No. 26665.
COMMISSION FINDINGS
Based upon our review of the filing and the record in this case, the Commission finds
that Bandwidth.com filing satisfies the requirements of the Commission s Rules and
Procedural Order No. 26665. Thus, we approve Bandwidth.com s Application for a Certificate
of Public Convenience and Necessity to allow the Company to provide facilities-based and
resold local exchange telecommunications services within the State of Idaho. The Commission
also approves Bandwidth.com ' s request to waive the escrow and interest requirements outlined
in Commission Order No. 2666, conditioned upon the Company s express agreement to comply
with said requirements if it elects to institute customer deposit accounts in the future.
ORDER
IT IS HEREBY ORDERED that the Application of Bandwidth.com CLEC, LLC for a
Certificate of Public Convenience and Necessity is granted to enable the Company to provide
facilities-based and resold local exchange telecommunications services in the State of Idaho.
IT IS FURTHER ORDERED that the requirement to possess an escrow account is
waived until such time as the Company begins to collect deposits from its customers.
ORDER NO. 30568
THIS IS A FINAL ORDER. Any person interested in the Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
-f#.
day of June 2008.
DENT
ATTEST:
tl;fw
Commission Secretary
O:BND-07-np2
ORDER NO. 30568