DR 97-253
AT&T Communications of New Hampshire, Inc.
Tariff to Introduce Local Service (Digital Link)
in the State of New Hampshire
Order Approving CLEC Model Tariff
O R D E R N O. 23,063
November 13, 1998
APPEARANCES: Robert A. Aurigema, Esq. for AT&T
Communications of New Hampshire, Inc.; Swidler & Berlin by Morton
J. Posner, Esq. for Freedom Ring Communications, L.L.C. d/b/a Bay
Ring; the Office of the Consumer Advocate by Mr. William Homeyer
on behalf of residential ratepayers; E. Barclay Jackson, Esq. for
the Staff of the New Hampshire Public Utilities Commission.
I. PROCEDURAL HISTORY
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. AT&T requested the Commission either accept the tariff
or waive its rule, N.H. Admin. Rule Puc 1307.01, to the extent it
precludes filing the tariff.
At a properly noticed prehearing conference held on
March 3, 1998, AT&T, the Office of the Consumer Advocate (OCA),
and the Commission Staff (Staff) presented information regarding
the competitive drawback experienced by competitive local
exchange carriers (CLECs) which do not file a full tariff with
the Commission and the administrative and competitive impacts
caused by requiring CLECs to file only price schedules rather
than full tariffs. The Parties and Staff agreed to explore model
tariff language which could be used by any CLEC. In its Order
No. 22,867 (March 10, 1998), the Commission established a
procedural schedule and ordered AT&T to mail all authorized New
Hampshire CLECs a copy of proposed model tariff language. The
Order contemplated that a proposed model tariff would be filed on
June 15, 1998 and a final hearing would be held on June 30, 1998.
On April 7, 1998, Freedom Ring Communications L.L.C.
d/b/a Bay Ring requested intervenor status, which the Commission
granted on May 14, 1998. During technical sessions held at the
Commission offices and by telephone conferences, AT&T, the OCA,
Vitts Corporation, Bay Ring and Staff reached agreement on a
Model Tariff describing the general rules and regulations for
CLEC provision of local service in New Hampshire.
On June 29, 1998, AT&T filed a Motion for Continuance
of Hearing. The Commission granted AT&T's requested continuance
upon determining that no party objected. The hearing was
rescheduled for July 27, 1998. On July 20, 1998, AT&T requested
rescheduling of the hearing. The Commission rescheduled it for
August 19, 1998. At the hearing on August 19, 1998, the Parties
and Staff jointly presented a Proposed Model Tariff.
II. POSITIONS OF THE PARTIES AND STAFF
The Parties and Staff agreed that N.H. Admin. Rules Puc
1307.01(b) requires a CLEC to file only a rate schedule with the
Commission, whereas Puc 1307.01(a) requires incumbent local
exchange carriers (ILECs) to file full tariffs including rate
schedules, terms and conditions. CLECs perceive a competitive
disadvantage in proceeding simply by rate schedule in that each
individual subscriber would need a contract in place to govern
the relationship between subscriber and carrier for local
exchange service. The Parties and Staff also agree that the
Commission intended that Puc 1307.01(b) lessen the regulatory
burden on CLECs. One additional effect is to conserve the
Commission's administrative resources. In order to obtain both
benefits, the Parties and Staff developed a Model Tariff, for use
by any CLEC, which comports with all Commission rules.
The Model Tariff includes provisions governing the
following elements of service provision: written service orders,
service charges for customer premises visits, customer equipment,
inspections, carrier liability, obligations of the customer for
such things as damage to company facilities, obtaining necessary
rights-of-way, claims against the company, resale of services,
violation of regulations, billing disputes, advance payments,
deposits, returned check charges, late payment charges,
cancellation and discontinuance of service, and restoration of
service. The parties and Staff assert that all provisions in the
Model Tariff conform with the Commission's rules, Chapter Puc
1200, Uniform Administration of Utility-Customer Relations, and
Chapter Puc 400, Rules for Telephone Service.
The Parties and Staff propose that a CLEC be able to
opt to file the Model Tariff, along with a rate schedule,
notwithstanding Puc 1307.01(b). As proposed by the parties and
Staff, the entire Model Tariff must be filed with the Commission,
and a CLEC may not elect to abide only by certain provisions of
the Model Tariff.
III. COMMISSION ANALYSIS
Having reviewed the Stipulation and the Model Tariff,
as well as the testimony presented at hearing, we find that the
Model Tariff represents an appropriate resolution of the issues
raised by AT&T's petition. This resolution preserves the
regulatory efficiency and competitive benefits sought by Staff
and the OCA.
Based upon the foregoing, it is hereby
ORDERED, that the proposed Model Tariff is hereby
ADOPTED as an optional method by which CLECs may file with the
Commission, accompanied by a rate schedule, to meet the
requirement of Puc 1307.01(b).
By order of the Public Utilities Commission of New
Hampshire this thirteenth day of November, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary