20080508Comments.pdf

NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
ISB NO. 6864
RECEIVED
08 MAl-8 AM 8: 43
IDN10 pùi~LiC'
UTlUT1ÈS COMMISSION
Street Address for Express Mail:
472 W WASHINGTON
BOISE ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
BANDWIDTH. COM CLEC, LLC FOR A ) CASE NO. BND-T-07-1
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY TO PROVIDE LOCAL )
EXCHANGE AND TELECOMMUNICATIONS ) COMMENTS OF THESERVICES ) COMMISSION STAFF
)
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
Attorney of record, Neil Price, Deputy Attorney General, and in response to the Notice of
Application and Notice of Modified Procedure issued in Order No. 30533 on April 17, 2008,
submits the following comments.
BACKGROUND
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 §§ 62-604 and 62-615; Order No. 26665; IDAPA 31.01.01.111.
Bandwidth.com will provide resold and facilities-based local exchange
telecommunications services to both business and residential customers within the State of
Idaho.
STAFF COMMENTS 1 MAY 8, 2008
The Company wil offer traditional voice services to customers using the public switched
network and also offer services using Internet Protocol to provide voice over data applications.
Bandwidth.com will provide these services by entering into interconnection and service
arangements with Qwest Corporation.
Bandwidth.com's service territory will include all areas within the State of Idaho, except
those areas curently being serviced by local exchange carriers ("LECs") that are eligible for a
small or rual carier exemption pursuant to Section 251 of the federal Telecom Act of 1996.
APPLICATION
Bandwidth.com is a Delaware corporation and lists it's principal place of business as
Car, North Carolina. The Company states that it curently provides telecommunications
services in the states of California, Florida, Ilinois, New York, North Carolina, Ohio,
Pennsylvania, and Texas. The Company intends to offer "traditional voice services to customers
using the public switched network."
STAFF REVIEW
The Company initially fied its Application on October 29,2007. After working with
Staff to correct many issues, a final fiing was submitted on March 25, 2008. The Company
indicated that it does not intend to collect deposits and requests a waiver of the escrow account
requirement. All other aspects of the Company's fiing now comport with Idaho Statutes and the
Commission's Rules.
Staff reviews all requests for a CPCN certificate pursuant to Idaho Code §§ 62-604; -615,
IDAPA 31.01.01.111 and 112 (Rules 111 and 112), and Procedural Order No. 26665. To obtain
a CPCN, an Applicant must provide the Commission with the following information: (1) name,
address, and form of business; (2) the date on which the applicant proposes to begin construction
or anticipates that it will provide service, including a written description of customer classes and
services proposed to be offered; (3) the proposed service territory; (4) certain financial
information; (5) maps regarding the proposed service area; (6) a proposed initial tariff and price
sheets; (7) contact information; (8) interconnection agreements if any; (9) an agreement to
comply with the Commission's Rules; and (10) an escrow account with a bonded escrow agent if
the company requires advance deposits from its customers. Order No. 26665.
STAFF COMMENTS 2 MAY 8, 2008
After reviewing the final filing of the Company, Staff has determined that the filing
complies with the requirements of the Commission. Staff fuher believes that the Company
possesses the requisite financial, managerial and technical qualifications necessar to operate as
a provider of telecommunications services.
STAFF RECOMMENDATION
Based on its review of the Application, Staff recommends approval of the Application for
a Certificate with a waiver of the escrow account requirement. In the future, should the
Company decide to collect deposits, it must comply with the escrow requirements as well as the
Commission's rules for interest on deposits.
Respectfully submitted this ~ day of May 2008.
iV
Neil Price
Deputy Attorney General
Technical Staff: Carolee Hall
i:umisc:commentsndt07. ¡npch
STAFF COMMENTS 3 MAY 8, 2008
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8TH DAY OF APRIL 2008,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. BND-T-07-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
BANDWIDTH.COM CLEC, LLC
4001 WESTON PARKWAY
SUITE 100
CAREYNC 27513
HARRY MALONE
KATIEBESHA
BINGHAM McCUTCHEN
2020KSTNW
WASHINGTON DC 20006
E-MAIL: har.malone(ibingham.com
Katie. besha(ibingham.com
Jo~SECRETÃRY~~
CERTIFICATE OF SERVICE