DE 98-211
Sprint Communications Company LP/Bell Atlantic
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,182
March 30, 1999
On December 4, 1998 Sprint Communications Company LP
(Sprint), filed a petition requesting that the New Hampshire
Public Utilities Commission (Commission) enforce section 252(i)
of the Telecommunications Act of 1996 (Tact). Specifically,
Sprint sought to execute an interconnection agreement with New
England Telephone and Telegraph Company (Bell Atlantic) under the
same terms and conditions as those provided to Freedom Ring
Communications LLC d/b/a BayRing Communications (Freedom Ring),
and approved by Order No. 22,475 on January 13, 1997.
The Commission determined that efforts by Bell Atlantic
to modify an approved interconnection agreement (Freedom Ring
Agreement) constituted negotiation of a new agreement. The
Commission found that refusal by Bell Atlantic to allow Sprint to
adopt the Freedom Ring Agreement in its entirety is a violation
of section 252(i) of the TAct in this case. The FCC has decided
that the right to adopt an interconnection agreement should be
limited to a reasonable period of time to allow for changes that
occur over time such as prices and network configuration choices.
The reasonable time issue will be addressed in a future
Commission Docket and could change the allowable time for
adoption of a previously approved agreement in the future.
Nisi Order No. 23,111 was issued on January 25, 1999
directing Bell Atlantic to provide Sprint a signed adoption of
the Freedom Ring Agreement without modification, within seven
days of the March 1, 1999 effective date of the order. On March
22, 1999, Sprint filed with the Commission a negotiated
Interconnection Agreement (Agreement) with Bell Atlantic which
the parties had signed on March 8, 1999. The Agreement was filed
for approval pursuant to section 252(e) of the Telecommunications
Act of 1996 (Tact). The agreement filed adopts the terms and
conditions of the interconnection agreement between Bell Atlantic
and Freedom Ring which was approved by the Commission as
previously referenced.
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 Sprint 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
Sprint 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 Sprint 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, as demonstrated in this filing, 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
Sprint 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 Sprint 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 Sprint 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 Sprint and Bell Atlantic is approved; and it
is
FURTHER ORDERED, that Sprint 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
April 6, 1999 and to be documented by affidavit filed with this
office on or before April 13, 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 April 16, 1999; and it
is
FURTHER ORDERED, that this Order Nisi shall be
effective April 29, 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 thirtieth day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary