DE 98-188
         Order Nisi Approving Interconnection Agreement
                    O R D E R  N O.  23,095
                       December 21, 1998
         On October 23, 1998, ACC National Telecom Corporation
     (ANTC) and New England Telegraph Company (Bell Atlantic) 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).
         While most terms, conditions and pricing are similar to
     previously filed facility-based agreements, this agreement
     provides more extensive descriptive and pricing information.
         The initial term of the agreement expires on December
     31, 1999.  Absent ninety days notice from either party, the
     agreement remains in effect beyond the initial term after which a
     ninety day notice is also required to terminate the agreement.  
         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 ANTC 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
     ANTC 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 ANTC to provide digital and other high-tech services with
     minimal, if any, future negotiating or "grooming" of the
         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; an option that was not exercised in this filing.   
          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
     ANTC 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 ANTC and Bell Atlantic based on a review of the petition,
     the 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 ANTC and Bell Atlantic is approved; and it is
         FURTHER ORDERED, that ANTC 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
     December 28, 1998 and to be documented by affidavit filed with
     this office on or before January 4, 1999; 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 January 18, 1999; and
     it is
         FURTHER ORDERED, that this Order Nisi shall be
     effective January 20, 1999, 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 twenty-first day of December, 1998.
       Douglas L. Patch        Susan S. Geiger       Nancy Brockway 
           Chairman             Commissioner          Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director & Secretary