DE 98-094
                      NEW ENGLAND VOICE AND DATA LLC
                    Petition For Authority to Provide 
                     Local Telecommunications Services
                     Order Nisi Granting Authorization
                          O R D E R  N O.  23,010
                             September 2, 1998

         The Petitioner, New England Voice and Data L.L.C.
(NEV), filed on May 5, 1998, 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 NEV's
     petition for compliance with these standards.  Staff reports that
     NEV has provided all of the information required by Puc 1304.02. 
     The information provided supports NEV'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 NEV
     as a New Hampshire CLEC.
              We find that NEV has satisfied the requirements of
     Puc 1304.01(a)(1) and (2). In addition, we find that
     certification of NEV 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 NEV has satisfied the requirements of Puc 1304.01(a), we
     will grant certification.
          As part of its application, NEV agreed to abide by
     Bell Atlantic's present and future rates for intraLATA switched
     access or to charge a lower rate.  If at any point, NEV seeks to
     exceed Bell Atlantic's access rates it shall first contact Staff
     to review the proposal.  The Commission will monitor access rates
     as the intraLATA toll and local exchange markets develop.  CLECs
     charging higher access rates than they, in turn, pay Bell
     Atlantic could inhibit intraLATA toll competition which would
     call into question Section 253 of the TAct.       
         Based upon the foregoing, it is hereby 
         ORDERED NISI, that NEV'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 the petitioner shall cause a copy
     of this Order Nisi to be published once in a statewide newspaper
     of general circulation, such publication to be no later than
     September 9, 1998 and to be documented by affidavit filed with
     this office on or before September 16, 1998; and it is
         FURTHER ORDERED, that all persons interested in
     responding to this Order Nisi shall submit their comments or file
     a written request for a hearing on this matter before the
     Commission no later than September 23, 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 30, 1998; and it is
         FURTHER ORDERED, that this Order Nisi shall be
     effective October 2, 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, ten
     days prior to commencing service, a rate schedule including the
     name, description and price of each service, with the Commission  
     in accordance with N.H. Admin. Rules, Puc 1304.03(b).
         By order of the Public Utilities Commission of New
     Hampshire this second day of September, 1998.
        Douglas L. Patch    Bruce B. Ellsworth        Susan S. Geiger
            Chairman           Commissioner            Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director and Secretary