20080404Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DATE:MARCH 31 , 2008
SUBJECT:APPLICATION OF BANDWIDTH. COM CLEC, LLC FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; CASE
NO. BND-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, IDAP A 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.
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
DECISION MEMORANDUM
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
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 Tarriff
Fillings.See Id. at 5 , Exhibit C and Exhibit D.
ST AFF RECOMMENDATION
Staff has reviewed Bandwidth.com Application and recommends that it
processed through Modified Procedure.
COMMISSION DECISION
Should Bandwidth.com' s Application for a Certificate of Public Convenience and
Necessity be processed through Modified Procedure?
AJ 3L
eil Price
Deputy Attorney General
M:BND-O7-
DECISION MEMORANDUM