DS 98-098
AT&T Communications of New Hampshire, Inc.
Petition to Implement a Universal Connectivity Charge
Order Suspending Petition to Implement a Universal
Connectivity Charge on Residential Customers
O R D E R N O. 22,949
June 5, 1998
On May 7, 1998, AT&T Communications of New
Hampshire, Inc. (AT&T) filed with the New Hampshire Public
Utilities Commission (Commission) a petition seeking
approval of a revision of its tariff, PUC No. 4, for effect
June 6, 1998.
As described in the relevant paragraph, 1.6.3.H.,
the revision sought will impose a Universal Connectivity
Charge equal to 1.8% of residential customers' monthly
intrastate bills.
The Commission Staff is aware that AT&T has filed
identical tariffs in numerous other states, intended to
represent the intrastate portion of assessments made against
AT&T for funding the federal Universal Service Fund (USF)
for schools and libraries and rural health care providers.
Staff points out that the AT&T filing seems to run counter
to the Federal Communications Commission's USF Order (FCC
97-157). In Paragraphs 838 through 840, the FCC said that
the determination of USF assessments on IXCs for schools and
libraries and for rural health care providers uses combined
interstate and intrastate retail revenues but that carriers
may recover the assessments solely via interstate rates. In
order to permit further investigation, Staff recommends
suspension of this tariff, providing AT&T an opportunity to
file additional support of the proposed Universal
Connectivity Charge.
By our Order No. 22,473 in DE 90-002, dated
January 6, 1997, we reduced the scope of regulation of
competitive intraLATA toll providers like AT&T. In that
order we stated that, because of the advent of competitive
choices among intrastate toll providers, we will presume
that initial tariff provisions and subsequent changes are
just and reasonable and in the public interest. However, we
further stated "(T)his presumption is subject to further
evaluation if a problem is raised by the public, another
utility, or the Commission regarding a particular service or
condition of service." We consider the issue raised by
Staff as sufficient to override the presumption in this
case. Accordingly, we will suspend the instant filing to
allow thorough review.
Based upon the foregoing, it is hereby
ORDERED, that the AT&T proposed tariff revisions
to NHPUC telephone tariff No. 4, consisting of Section 1,
1st Revised Page 10.1 is SUSPENDED.
By order of the Public Utilities Commission of New
Hampshire this fifth day of June, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary