DE 98-187


               Order Nisi Approving Interconnection Agreement
                           O R D E R  N O.  23,056
                              November 2, 1998
  On October 16, 1998, New England Telephone and
Telegraph Company (Bell Atlantic) and Lightship Telecom L.L.C.
(Lightship) jointly filed with the New Hampshire Public Utilities
Commission (Commission) a negotiated Interconnection Agreement
(Agreement).  The Agreement was filed for approval pursuant to
section 252(e) of the Telecommunications Act of 1996 (TAct).
  This Agreement provides, inter alia, for
transmission/routing of exchange service traffic and exchange
access traffic, transmission/termination of other types of
traffic and joint network configuration.  It further provides for
unbundled access, resale, collocation, number portability,
dialing parity, access to rights of way, access to data bases,
and directory assistance service.  The parties will exchange
technical and traffic information which will be kept proprietary;
each party will maintain facilities within its own network and
will not interfere with the other party's systems.
  This Agreement is a comprehensive set of terms and
conditions that will facilitate the entry of Lightship as a
competitive local exchange carrier (CLEC) in New Hampshire.  The
parties agree to jointly engineer, plan and operate a diverse
transmission system with which they will interconnect their
respective networks.  The Agreement specifies the designation of
interconnection points, provides for a joint grooming plan, and
provides for the physical interface of facilities. 
   The interoffice facilities are priced on an unbundled
basis to allow for use with other unbundled network elements,
thus creating numerous facilities based and/or resale options to
Lightship in the provisioning of exchange and exchange access
services.  The Agreement also includes detailed unbundling of
local outside plant and central office facilities that would
allow Lightship to provide digital and other high-tech services
with minimal future negotiating or "grooming" of the Agreement.   
       Prices in this filing are virtually the same as those
in previously approved non-cellular interconnection agreements
for the services/elements that are common.  Staff points out that
the TAct does not require that a telecommunications company sell
each service/element for the same price or terms to each
requesting party.   A CLEC can request the entire agreement of
another CLEC and in fact this filing is essentially the same as
the KMC Telecom agreement approved by Order No. 22,573 (April 22,
1997) in docket DE 97-054.  
   A Statement of Generally Available Terms (SGAT) was
filed by Bell Atlantic on July 11, 1997 and took effect October
20, 1997 per order 22,692 (August 25, 1997) subject to continued
review pursuant to section 252(f)(4) of the TAct.  This allows
Lightship and other competitors to purchase services or unbundled
elements that may not be covered by their interconnection
  The Staff has recommended approval of the Agreement
between Lightship and Bell Atlantic based on a review of the
petition, actual agreement and verbal clarification provided by
Bell Atlantic.
  We have reviewed the filing and find it meets the
standards of section 252(e)(2)(A) of the TAct for approval of a
negotiated Agreement.  The Agreement does not appear to be
discriminatory to any carrier not a party to the negotiations and
is consistent with the public interest, convenience, and
necessity.  We will approve it on a nisi basis in order to
provide any interested party an opportunity to submit comments or
request a hearing pursuant to RSA 374:26.
  Based upon the foregoing, it is hereby
  ORDERED NISI, that the Interconnection Agreement
negotiated between Lightship and Bell Atlantic is approved; and
it is
  FURTHER ORDERED, that Lightship will notify the
Commission within ten days of making their first facility-based
commercial call in any exchange that has not already been opened
to a "fresh look opportunity" as ordered in Docket DE 96-420. 
The recommended method of notifying the Commission is to provide
a copy of the "Confirmation of Code Activation Form" which is 
used to notify the North American Numbering Code Administrator.
  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
November 9, 1998 and to be documented by affidavit filed with
this office on or before November 16, 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 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 November 30, 1998; and it is
  FURTHER ORDERED, that this Order Nisi shall be
effective December 2, 1998, unless the Commission provides
otherwise in a supplemental order issued prior to the effective
  By order of the Public Utilities Commission of New
Hampshire this second day of November, 1998.

  Douglas L. Patch        Nancy Brockway       Susan S. Geiger
      Chairman             Commissioner          Commissioner

Attested by:

Thomas B. Getz
Executive Director & Secretary