DE 98-181
MediaOne of New England, Inc.
Petition for License to Construct and Maintain Coax Cable Over
and Across Public Waters of the Contoocook River in the Town of
Penacook, New Hampshire
Order NISI Granting License for Coax Cable Over and Across Public
Waters
O R D E R N O. 23,048
October 27, 1998
The Petitioner, MediaOne of New England, Inc.
(MediaOne), filed on October 14, 1998, a petition under RSA
371:17 for authority to construct and maintain a coax cable over
and across the Contoocook River within the town of Penacook, New
Hampshire. The proposed coax cable is to provide cable service
to a customer who has requested such service. On October 19,
1998, MediaOne filed an addendum to its petition in response to
the New Hampshire Public Utilities Commission Staff's (Staff)
request for additional information.
In support of its petition, Media One submitted a
profile of the construction. The proposed crossing will be 300
feet of .625 coax cable to start at pole #44/87 and terminate at
pole #10B/1. This cable is an integral part of MediaOne's cable
system.
In order to establish reliable service to the public,
MediaOne must construct and maintain cable over 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 across public waters.
MediaOne has attested and Staff agrees that the
construction of this cable crossing will meet or exceed the
requirements of the 1997 National Electrical Safety Code (NESC).
The Commission grants this petition pursuant to its
authority under RSA 371:17 to allow such construction when it is
necessary to meet the requirements of service to the public.
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 MediaOne is authorized, pursuant to
RSA 371:17 et seq. to construct, maintain and operate cable over
and across the Contoocook River in Penacook, New Hampshire
depicted on drawing PE-001, submitted October 14, 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 this approved crossing shall conform to the
requirements of the NESC and all other applicable safety
standards in existence at that time; 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 November 3, 1998 and to be documented by affidavit
filed with this office on or before November 10, 1998; and it is
FURTHER ORDERED, that the petitioner notify the Town of
Penacook of this matter by serving a copy of this order on the
Town Clerk by first-class mail postmarked no later than November
3, 1998, with said notification to be verified by affidavit filed
on or before November 10, 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 November 17, 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 November 24, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective November 26, 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 twenty-seventh day of October, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary