DE 97-196
                      JERRY LA QUIERE d/b/a LEC-LINK
                    Petition For Authority to Provide 
                     Local Telecommunications Services
                     Order Nisi Granting Authorization
                          O R D E R  N O.  22,882
                              March 24, 1998

         The Petitioner, Jerry La Quiere d/b/a Lec-Link (Lec-Link), filed on September 19, 1997, a petition with the New
     Hampshire Public Utilities Commission (Commission) for authority
     to provide switched and non-switched competitive local exchange
     telecommunications services, pursuant to the policy goals set by
     the New Hampshire Legislature in RSA 374:22-g, effective July 23,
         The Legislature directed the Commission to adopt rules 
     on or before December 31, 1996, to enforce the provisions of RSA
     374:22-g.  Effective December 4, 1996, the Commission adopted
     N.H. Admin. Rules, Puc Chapter 1300 which governs the petition of
     applicants to become competitive local exchange carriers (CLECs).
         Pursuant to Puc Chapter 1300, an applicant's petition
     for certification shall be granted when the Commission finds that
     (1) all information listed in Puc 1304.02 has been provided to
     the Commission; (2) the applicant meets standards for financial
     resources, managerial qualifications, and technical competence;
     and (3) certification for the particular geographic area
     requested is in the public good.
         The Commission Staff (Staff) has reviewed Lec-Link's
     petition for compliance with these standards.  Staff reports that
     Lec-Link has provided all of the information required by Puc
     1304.02.  The information provided supports Lec-Link's assertion
     of financial resources, managerial qualifications, and technical
     competence sufficient to meet the standards set forth in Puc
     1304.01(b), (e), (f), and (g).  Staff, therefore, recommends
     approval of Lec-Link as a New Hampshire CLEC.
         Lec-Link has provided a sworn statement and request for
     waiver of the surety bond requirement in Puc 1304.02(b) stating
     that they do not require advance payments or deposits of their
     customers.  Staff recommends granting the waiver.
         We find that Lec-Link has satisfied the requirements of
     Puc 1304.01(a)(1) and (2). In addition, we find that
     certification of Lec-Link in its intended service area, Bell
     Atlantic's current service area, is in the public good, thus
     meeting the requirement of Puc 1304.01(a)(3). In making this
     finding, as directed by RSA 374:22-g, we have considered the
     interests of competition, fairness, economic efficiency,
     universal service, carrier of last resort, the incumbent's
     opportunity to realize a reasonable return on its investment, and
     recovery by the incumbent of expenses incurred.  This finding is
     further supported by the Telecommunications Act of 1996 (Tact). 
     Because Lec-Link has satisfied the requirements of Puc
     1304.01(a), we will grant certification.
          As part of its application, Lec-Link agreed to concur
     with Bell Atlantic's present and future rates for intraLATA
     switched access or to charge a lower rate.  If at any point,  
     Lec-Link seeks to exceed Bell Atlantic's access rates it shall
     first contact Staff to review the proposal.  We will monitor
     access rates as the intraLATA toll and local exchange markets
     develop.  CLECs charging higher access rates than they
     reciprocally pay Bell Atlantic could inhibit intraLATA toll
     competition which would call into question Section 253 of the
         Based upon the foregoing, it is hereby 
         ORDERED NISI, that Lec-Link's petition for authority to
     provide switched and non-switched intrastate local exchange
     telecommunications services in the service territory of Bell
     Atlantic, is GRANTED, subject, inter alia to the requirements of
     Puc 1304.03;  and it is
         FURTHER ORDERED, that request for waiver of the surety
     bond requirement per Puc 1304.02(b) is granted; and it is  
         FURTHER ORDERED, that pursuant to N.H. Admin. Rules,
     Puc 1604.03 or Puc 1605.03, the Petitioner shall cause a copy of
     this Order Nisi to be published once in a statewide newspaper of
     general circulation or of circulation in those portions of the
     state where operations are conducted, such publication to be no
     later than March 31, 1998 and to be documented by affidavit filed
     with this office on or before April 7, 1998; and it is
         FURTHER ORDERED, that all persons interested in
     responding to this petition be notified that they may submit
     their comments or file a written request for a hearing on this
     matter before the Commission no later than April 14, 1998; and it
         FURTHER ORDERED, that any party interested in
     responding to such comments or request for hearing shall do so no
     later than April 21, 1998; and it is
         FURTHER ORDERED, that this Order Nisi shall be
     effective April 23, 1998, unless the Commission provides
     otherwise in a supplemental order issued prior to the effective
     date; and it is
         FURTHER ORDERED, that the Petitioner shall file a
     compliance rate schedule with the Commission on or before 
     April 23, 1998, in accordance with N.H. Admin. Rules, Puc
         By order of the Public Utilities Commission of New
     Hampshire this twenty-fourth day of March, 1998.
        Douglas L. Patch    Bruce B. Ellsworth        Susan S. Geiger
            Chairman           Commissioner            Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director and Secretary