DE 98-208
MEDIAONE TELECOMMUNICATIONS OF NEW HAMPSHIRE INC
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,
1995.
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
certification.
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