DE 98-107
BELL ATLANTIC
Petition for EAS Expansion of Meredith and Ashland Exchanges
Order Denying Poll on EAS Expansion
O R D E R N O. 23,087
December 14, 1998
APPEARANCES: Ms. Melissa Emery on behalf of the
Petitioners; Charles Paone, New England Telephone & Telegraph
Company; and, E. Barclay Jackson, Esq. for the Staff of the New
Hampshire Public Utilities Commission.
On June 11, 1998, Petitioners Alyssa Bergeron, Nicole
Provencher and Melissa Emery (the Petitioners) filed with the New
Hampshire Public Utilities Commission a request for expansion of
the local calling area, also known as the Extended Area Service
(EAS), for the 279 (Meredith) and 968 (Ashland) exchanges, to
include the towns of Bristol, New Hampton, Danbury, Bridgewater,
Alexandria, Hebron, Rumney and Groton.
By Order of Notice issued on September 3, 1998, the
Commission gave notice that the request for expansion would be
considered in light of New Hampshire Admin. Rule Puc 410. The
Order of Notice also referred to the Commission's recent
decision, announced in Order No. 22,861 (March 9, 1998), to
require that Bell Atlantic implement two-way home and contiguous
EAS. As a result of Order No. 22,861, most of the exchanges that
the Petitioners have requested are soon to be included in the
Meredith and Ashland calling areas. Only the towns of Danbury
and Rumney remain to be considered.
By adopting Puc 410, we intended to articulate in
easily understood components the standards we have applied in
assessing prior EAS petitions. See, Order No. 23,037 in DE
98-085, Order No. 22,831 in DE 97-193. Those standards include
a community of interest approach as discussed in FCC Docket No.
96-45, In the Matter of Federal-State Joint Board on Universal
Service, Report and Order FCC 97-157 (May 8, 1997). Puc
410.02(b)(8) requires a petitioner to provide a statement as to
whether customers can call the following services without
incurring toll charges: relevant public schools, a general
medical practitioner, a pharmacy, a banking facility, a central
business area comprised of 12 or more businesses, and an internet
provider. The list in Puc 410.02(b)(8) defines, for our
purposes, a community of interest. If customers are unable to
call three or more of the listed services, we are required by Puc
410.03 to hold a hearing to decide whether customers should be
polled on the proposed expansion. In the instant case, because
the petition was filed prior to final adoption of Puc 410, a
hearing was held despite the fact that the Petitioners did not
provide the required statement.
At a duly noticed hearing on October 9, 1998, several
of the Petitioners testified as to the existence of a community
of interest between the Meredith, Ashland, Danbury and Rumney
exchanges. In addition, letters were read into the record in
support of the expansion from the principal of the Bristol Middle
School and the principal of the New Hampton and Danbury schools.
The record also contains letters in support of the petition from
the Newfound Area School District Superintendent and the Director
of Recreation of the Bristol Community Center. In the course of
questioning, the Petitioners agreed that the major reason they
seek EAS expansion is to insure that all students can call within
the SAU 4 school district at local rates. They indicated that a
customer can, without incurring toll charges, reach medical
facilities, a pharmacy, a bank, a central business area, and an
internet provider.
Based upon the testimony at our hearing on October 9,
1998, we find that a poll of citizens is unwarranted because no
community of interest has been demonstrated between the
petitioning exchanges and the towns of Danbury and Rumney. The
effect of our decision is somewhat ameliorated by our
satisfaction that the two-way home and contiguous EAS expansion
is moving forward as quickly as allowed by the constraints of
technology and that the Petitioners' current EAS will expand to
meet their concerns in the majority of the requested area.
Based upon the foregoing, it is hereby
ORDERED, that the petition to expand EAS for the
Meredith and Ashland exchanges is DENIED.
By order of the Public Utilities Commission of New
Hampshire this fourteenth day of December, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary