DR 97-253
                AT&T Communications of New Hampshire, Inc.
             Tariff to Introduce Local Service (Digital Link) 
                       in the State of New Hampshire
                     Order Approving CLEC Model Tariff
                         O R D E R   N O.  23,063
                             November 13, 1998

         APPEARANCES: Robert A. Aurigema, Esq. for AT&T
Communications of New Hampshire, Inc.; Swidler & Berlin by Morton
J. Posner, Esq. for Freedom Ring Communications, L.L.C. d/b/a Bay
Ring; the Office of the Consumer Advocate by Mr. William Homeyer
on behalf of residential ratepayers; E. Barclay Jackson, Esq. for
     the Staff of the New Hampshire Public Utilities Commission.
               On December 19, 1997, AT&T Communications of New
     Hampshire, Inc. (AT&T) filed with the New Hampshire Public
     Utilities Commission (Commission) a tariff for local exchange
     services.  AT&T requested the Commission either accept the tariff
     or waive its rule, N.H. Admin. Rule Puc 1307.01, to the extent it
     precludes filing the tariff.
               At a properly noticed prehearing conference held on
     March 3, 1998, AT&T, the Office of the Consumer Advocate (OCA),
     and the Commission Staff (Staff) presented information regarding
     the competitive drawback experienced by competitive local
     exchange carriers (CLECs) which do not file a full tariff with
     the Commission and the administrative and competitive impacts
     caused by requiring CLECs to file only price schedules rather
     than full tariffs.  The Parties and Staff agreed to explore model
     tariff language which could be used by any CLEC.  In its Order
     No. 22,867 (March 10, 1998), the Commission established a
     procedural schedule and ordered AT&T to mail all authorized New
     Hampshire CLECs a copy of proposed model tariff language.  The
     Order contemplated that a proposed model tariff would be filed on
     June 15, 1998 and a final hearing would be held on June 30, 1998.
               On April 7, 1998, Freedom Ring Communications L.L.C.
     d/b/a Bay Ring requested intervenor status, which the Commission
     granted on May 14, 1998.  During technical sessions held at the
     Commission offices and by telephone conferences, AT&T, the OCA,
     Vitts Corporation, Bay Ring and Staff reached agreement on a
     Model Tariff describing the general rules and regulations for
     CLEC provision of local service in New Hampshire.
               On June 29, 1998, AT&T filed a Motion for Continuance
     of Hearing.  The Commission granted AT&T's requested continuance
     upon determining that no party objected.  The hearing was
     rescheduled for July 27, 1998.  On July 20, 1998, AT&T requested
     rescheduling of the hearing.  The Commission rescheduled it for
     August 19, 1998.  At the hearing on August 19, 1998, the Parties
     and Staff jointly presented a Proposed Model Tariff. 
               The Parties and Staff agreed that N.H. Admin. Rules Puc
     1307.01(b) requires a CLEC to file only a rate schedule with the
     Commission, whereas Puc 1307.01(a) requires incumbent local
     exchange carriers (ILECs) to file full tariffs including rate
     schedules, terms and conditions.  CLECs perceive a competitive
     disadvantage in proceeding simply by rate schedule in that each
     individual subscriber would need a contract in place to govern
     the relationship between subscriber and carrier for local
     exchange service.  The Parties and Staff also agree that the
     Commission intended that Puc 1307.01(b) lessen the regulatory
     burden on CLECs.  One additional effect is to conserve the
     Commission's administrative resources.  In order to obtain both
     benefits, the Parties and Staff developed a Model Tariff, for use
     by any CLEC, which comports with all Commission rules.
               The Model Tariff includes provisions governing the
     following elements of service provision:  written service orders,
     service charges for customer premises visits, customer equipment,
     inspections, carrier liability, obligations of the customer for
     such things as damage to company facilities, obtaining necessary
     rights-of-way, claims against the company, resale of services,
     violation of regulations, billing disputes, advance payments,
     deposits, returned check charges, late payment charges,
     cancellation and discontinuance of service, and restoration of
     service.  The parties and Staff assert that all provisions in the
     Model Tariff conform with the Commission's rules, Chapter Puc
     1200, Uniform Administration of Utility-Customer Relations, and
     Chapter Puc 400, Rules for Telephone Service.
               The Parties and Staff propose that a CLEC be able to
     opt to file the Model Tariff, along with a rate schedule,
     notwithstanding Puc 1307.01(b).  As proposed by the parties and
     Staff, the entire Model Tariff must be filed with the Commission,
     and a CLEC may not elect to abide only by certain provisions of
     the Model Tariff. 
               Having reviewed the Stipulation and the Model Tariff,
     as well as the testimony presented at hearing, we find that the
     Model Tariff represents an appropriate resolution of the issues
     raised by AT&T's petition.  This resolution preserves the
     regulatory efficiency and competitive benefits sought by Staff
     and the OCA.
               Based upon the foregoing, it is hereby 
               ORDERED, that the proposed Model Tariff is hereby
     ADOPTED as an optional method by which CLECs may file with the
     Commission, accompanied by a rate schedule, to meet the
     requirement of Puc 1307.01(b).
               By order of the Public Utilities Commission of New
     Hampshire this thirteenth day of November, 1998.
       Douglas L. Patch     Susan S. Geiger       Nancy Brockway
           Chairman           Commissioner        Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director and Secretary