DR 97-253
AT&T COMMUNICATIONS OF NEW HAMPSHIRE, INC.
Tariff to introduce Local Service (Digital Link) in the State of
New Hampshire
Order Setting Procedural Schedule
O R D E R N O. 22,867
March 10, 1998
On December 19, 1997, AT&T Communications of New
Hampshire, Inc. (AT&T) filed with the New Hampshire Public
Utilities Commission (Commission) a tariff for local
exchange services, a motion asking the Commission to accept
the tariff and, in the alternative, asking the Commission to
waive its rules to the extent filing of the tariff is
precluded. On February 11, 1998, the Commission issued an
Order of Notice setting a prehearing conference for March 3,
1998.
At the prehearing conference, which was held
before a Hearings Examiner, AT&T, the Office of the Consumer
Advocate (OCA) and Commission Staff (Staff) stated their
positions. AT&T urges the Commission to allow filing of a
full tariff along with the rate schedules contemplated by
Puc 1300. AT&T contends that by not having a tariff on file
it suffers a competitive disadvantage for local exchange
service and substantial transaction costs, as compared to
Bell Atlantic, because it is then required to negotiate a
contract with each customer. The OCA generally supports
AT&T's position and urges as well consideration of standard
tariff language.
Staff set forth four options available to the
Commission, including: 1) the status quo, which allows
filing of rate schedules only; 2) filing of a full tariff as
recommended by AT&T, which would require Commission review
and approval; 3) a repository alternative which involves
filing of a full tariff but without Commission review or
approval; and, 4) establishment of standard tariff language
that would be applicable to all Competitive Local Exchange
Carriers (CLECs). Staff especially opposes full tariff
filing with Commission review and approval because of the
excessive administrative burden and because the Puc 1300
rules were intended to streamline the process and encourage
competition through reduced regulatory oversight. There
were no interventions, but Vitts Corporation filed a letter
in support of AT&T's position.
Staff and the parties discussed a procedural
schedule and agreed that there were no substantial facts in
dispute and that exploration of standard tariff language
would be worthwhile. Accordingly, Staff and the parties
agreed to the following procedural schedule.
Technical Session/Settlement Discussion April 14, 1998
Filing of Stipulated Facts and Memoranda
or Settlement Agreement June 15, 1998
Hearing, if necessary, at 10:00 a.m. June 30, 1998
The parties also agreed that additional technical sessions
or settlement discussions could be scheduled if progress
warranted.
We have reviewed the Hearing Examiner's report and
the proposed schedule and find the schedule reasonable. In
addition, the effort to reach settlement through the
establishment of standard tariff language is reasonable, and
we direct AT&T to mail all CLECs registered in New Hampshire
a copy of proposed tariff language along with a copy of this
order. Moreover, any CLEC that desires to participate in
the proceeding will be required to file a motion to
intervene before the technical sessions/settlement
discussions begin.
Based upon the foregoing, it is hereby
ORDERED, that the procedural schedule set forth
above is APPROVED; and it is
FURTHER ORDERED, that AT&T shall mail a copy of
its proposed standard tariff language, along with a copy of
this order, to all CLECs registered in New Hampshire by
March 13, 1998 and file with the Commission by April 14,
1998 an affidavit that such filing has taken place; and it
is
FURTHER ORDERED, that any CLEC or other party
desiring to participate in this proceeding should filed a
motion to intervene by April 9, 1998 and that objections to
intervention should be filed by April 13, 1998.
By order of the Public Utilities Commission of New
Hampshire this tenth day of March, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S.
Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary