DE 98-102
TEL-SAVE, INC.
Complaint and Request For Relief
Order Setting Procedural Schedule
O R D E R N O. 22,972
July 6, 1998
On June 15, 1998, Tel-Save, Inc. (TSI) filed with
the New Hampshire Public Utilities Commission (Commission) a
complaint and request for relief against Bell Atlantic for
violation of sections 201(b) and 202 of the Communications
Act of 1934 as amended by the Telecommunications Act of
1996, and for violation of RSA 374:1.
TSI alleges that Bell Atlantic does not permit
end-user customers to lift PIC freezes by means of e-mail,
whether transmitted directly by the customer or forwarded by
TSI. TSI states that Bell Atlantic's refusal to accept
e-mailed requests to lift PIC freezes unreasonably delays,
impedes and often thwarts the customer's attempt to switch
carriers. By contrast, TSI indicates that Bell Atlantic
does accept PIC changes by e-mail in cases where the
customer has not frozen the PIC.
TSI requests that the Commission order Bell
Atlantic to accept e-mailed requests to lift PIC freezes,
both directly from
end-user customers and as forwarded by TSI and to provide
any other relief the Commission finds appropriate.
On June 29, 1998, Bell Atlantic filed with the
Commission a response to the TSI complaint stating that Bell
Atlantic is giving serious consideration to both e-mail and
other methods of accepting PIC freeze removal requests from
end user customers. Bell Atlantic further states that it
must be completely satisfied that customers remain protected
against slamming by ensuring that e-mails are valid.
Additionally, Bell Atlantic recommends waiting for the
forthcoming Order in FCC Docket 94-129, which is likely to
address the issue of Interstate PIC freezes and should be
considered for consistency with the Intrastate policy.
Staff recommends a procedural schedule providing
for written position papers, rather than a protracted
proceeding with
testimony, discovery and hearing, unless any party in
interest specifically requests a hearing. Staff proposes
the following schedule:
Requests For Intervention July 24, 1998
Prehearing Conf./Tech Session July 27, 1998
at 10:00 AM
Response to TSI Filing August 7, 1998
By Parties and Staff
Rebuttal Testimony August 21, 1998
Hearing, if Necessary, September 3,
1998
at 10:00 AM
We have reviewed the Staff Proposal and find the
procedure and schedule to be reasonable.
Based upon the foregoing, it is hereby
ORDERED, that the procedural schedule set forth
above is APPROVED; and it is
FURTHER ORDERED, that Bell Atlantic shall cause a
copy of this order to be published once in a statewide
newspaper of general circulation, such publication to be no
later than
July 13, 1998 and to be documented by affidavit filed with
this office on or before July 27, 1998 and it is
FURTHER ORDERED, that any party desiring to
participate in this proceeding should file a motion to
intervene by July 24, 1998 and that objections to
intervention should be filed by
July 27, 1998; and it is
FURTHER ORDERED, that any party who desires a
hearing before the Commission on this issue file a written
request on or before August 21, 1998.
By order of the Public Utilities Commission of New
Hampshire this sixth day of July, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary