DT 99-019
Bell Atlantic/Media One Telecommunications of New Hampshire
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,156
March 8, 1999
On February 4, 1999, Media One Telecommunications of
New Hampshire (MOT) filed with the New Hampshire Public Utilities
Commission (Commission) a negotiated Interconnection Agreement
(Agreement) with New England Telephone and Telegraph Company
(Bell Atlantic). The Agreement was filed for approval pursuant
to section 252(e) of the Telecommunications Act of 1996 (TAct).
The agreement filed adopts most terms and conditions of
the interconnection agreement between Bell Atlantic and New
England Fiber Communications (Brooks) which was approved by
Commission Order No. 22,753 dated October 13, 1997. Notably the
parties have agreed that reciprocal compensation is provided for
local traffic which is defined as a call that is originated and
terminated within a local service area.
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 MOT 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
MOT 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 MOT to
provide digital and other high-tech services with minimal future
negotiating or "grooming" of the Agreement. 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 pursuant to section
252(i) of the TAct.
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
MOT and other competitors to purchase services or unbundled
elements that may not be covered by their interconnection
agreement.
The Staff has recommended approval of the Agreement
between MOT 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.
We note that as new competitors enter the market,
greater pressure is put on the 603 area code, so long as today's
antiquated number assignment process remains in effect.
Accordingly, we would urge MOT to request and use numbers
responsibly and conservatively, and to join in exploring
alternative mechanisms to use existing numbers as efficiently as
possible and thereby avert the need for a new area code.
Based upon the foregoing, it is hereby
ORDERED NISI, that the Interconnection Agreement
negotiated between MOT and Bell Atlantic is approved; and it is
FURTHER ORDERED, that MOT 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
March 15, 1999 and to be documented by affidavit filed with this
office on or before March 22, 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 March 29, 1999; and it
is
FURTHER ORDERED, that this Order Nisi shall be
effective April 5, 1999, unless the Commission provides otherwise
in a supplemental order issued prior to the effective date.
By order of the Public Utilities Commission of New
Hampshire this eighth day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary