DE 98-208
               Petition for Authority to Provide
               Local Telecommunications Services
               Order Nisi Granting Authorization
                          O R D E R  N O.  23,088
                             December 15, 1998
         On December 2, 1998, MediaOne Telecommunications of New
     Hampshire Inc.(MTNH) filed with the New Hampshire Public
     Utilities Commission (Commission) a petition for authority to
     provide switched and non-switched 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 MTNH's
     petition for compliance with these standards.  Staff reports that 
     the company has provided all the information required by Puc
     1304.02.  The information provided supports MTNH's assertion of
     financial resources, managerial qualifications, and technical
     competence sufficient to meet the standards set out in Puc
     1304.01(b), (e), (f), and (g).  Staff, therefore, recommends
     approval of MTNH as a New Hampshire CLEC.
         We find that MTNH has satisfied the requirements of Puc
     1304.01(a)(1) and (2).  In addition, we find that certification
     of MTNH 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 MTNH has
     satisfied the requirements of Puc 1304.01(a), we will grant
         As part of its application, MTNH 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, MTNH seeks
     to exceed Bell Atlantic's access rates it shall first contact the
     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 MTNH'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
     December 22, 1998 and to be documented by affidavit filed with
     this office on or before December 29, 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 January 5, 1999; and it is
         FURTHER ORDERED, that any party interested in
     responding to such comments or request for hearing shall do so 
     no later than January 12, 1999; and it is
         FURTHER ORDERED, that this Order Nisi shall be
     effective January 14, 1999, 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 fifteenth day of December, 1998.
       Douglas L. Patch        Susan S. Geiger       Nancy Brockway
           Chairman             Commissioner          Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director & Secretary