DE 98-141
BELL ATLANTIC
Petition for License to Construct and Maintain Telephone
Submarine Wires Under and Across Public Waters of Squam Lake in
the Town of Center Harbor, New Hampshire
Order NISI Granting License for Telephone Submarine Wires Under
and Across Public Waters
O R D E R N O. 23,003
August 31, 1998
The Petitioner, New England Telephone and Telegraph
Company (Bell Atlantic), filed on August 3, 1998, a petition
under RSA 371:17 for authority to construct and maintain a
submarine telephone wire under and across Squam Lake within the
town of Center Harbor. The proposed submarine telephone wire is
to provide telephone service to the southeasterly end of Long
Island where a customer has requested telephone service.
In support of their petition, Bell Atlantic submitted a
a topographic map location of the crossing and a field note plan
of construction. The proposed crossing will be 964 feet of BSW
12-pair submarine telephone wire to be placed on the bottom of
Squam Lake from the west section of Long Island to the east
section.
A new private property easement was obtained for this
communication wire and a copy of the easement was filed with the
petition. Wetlands permit #98-00541 was also obtained for this
construction and a copy of the permit was filed with the
petition. Bell Atlantic has stated, and Staff agrees, that the
use and enjoyment by the public of these public waters will not
be diminished in any way as a result of the proposed submarine
telephone wire. They agree as well that these communication
wires are an integral part of the telecommunication network
throughout New Hampshire.
In order to establish reliable service to the public,
Bell Atlantic must construct communications wires under and
across certain public waters. The definition of public waters
contained in RSA 371:17 includes "all ponds of more than ten
acres, tidewater bodies, and such streams or portions thereof as
the Commission may prescribe." The Commission prescribes this
crossing to be under public waters.
The Commission finds such crossings necessary for Bell
Atlantic to meet its obligation to provide reliable telephone
service within its authorized franchise area. Accordingly, we
find that the crossing is in the public good. Therefore, we will
approve the petition on a Nisi basis in order to provide any
interested party the opportunity to submit comments on said
petition or to request a hearing.
Based upon the foregoing, it is hereby
ORDERED NISI, that Bell Atlantic is authorized,
pursuant to RSA 371:17 et seq., to construct, maintain and
operate submarine telephone wires under and across Squam Lake in
Center Harbor, New Hampshire depicted on drawings submitted
August 3, 1998 and on file with this Commission, unless the
Commission directs otherwise prior to the proposed effective
date; and it is
FURTHER ORDERED, that all construction and future
reconstruction to these approved crossings shall conform to the
requirements of the National Electrical Safety Code and all other
applicable safety standards in existence at that time; and it is
FURTHER ORDERED, that 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 September 8, 1998 and to be documented by affidavit
filed with this office on or before September 14, 1998;
and it is
FURTHER ORDERED, that the petitioner notify the Town of
Center Harbor of this matter by serving a copy of this order on
the Town Clerk by first-class mail postmarked no later than
September 8, 1998, with said notification to be verified by
affidavit filed on or before September 14, 1998: and it is
FURTHER ORDERED, that any party interested in
responding to such comments or request for hearing shall do so no
later than September 21, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective September 28, 1998, unless the Commission provides
otherwise in a supplemental order issued prior to the effective
date.
By order of the Public Utilities Commission of New
Hampshire this thirty-first day of August, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary