20080523Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:NEIL PRICE
DATE:MAY 22, 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, 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 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 in order to "provide resold and facilities-based
DECISION MEMORANDUM
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
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; Revised Replacement TarriffFilings on March 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 IDAPA 31.01.01.111 and
112 (Rules III 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 recommends 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 DECISION
Does the Commission wish to approve Bandwidth.com CLEC, LLC's Application for
a Certificate of Public Convenience and Necessity to provide facilities-based and resold local
exchange telecommunications services within the state of Idaho? Does the Commission wish to
waive the escrow account requirements outlined in Commission Order No. 26665?
Neil Price
Deputy Attorney General
M:BND-O7-np2
DECISION MEMORANDUM