DE 97-235 BELL ATLANTIC/ATLANTIC CONNECTIONS LTD Order Nisi Approving Resale Agreement O R D E R N O. 22,824 January 6, 1998 On November 7, 1997, New England Telephone and Telegraph Company (Bell Atlantic) and Atlantic Connections Ltd. (ACL) jointly filed with the New Hampshire Public Utilities Commission (Commission) a resale Agreement (Agreement) negotiated pursuant to Section 252(e) of the Telecommunications Act of 1996 (TAct). This Agreement establishes terms for the discount purchase of Bell Atlantic telecommunications services for resale by ACL to retail customers. All business and residence services requested by ACL are detailed in the Agreement with a mutually agreed upon percentage discount from the tariff rates. Discounts in this filing range from 17.3% to 20.25% from retail and are the same as the Statement of Generally Available Terms (SGAT) filed by Bell Atlantic on July 11, 1997. Per order 22,692 (August 25, 1997) the SGAT took effect on October 20, 1997 subject to continued review and approval by the Commission. This Agreement is an interim contract which will govern the parties' terms until the Commission approves the SGAT. The parties agree that at that time the SGAT terms will govern. Bell Atlantic will provide training to ACL regarding all services requested as well as reasonable amounts of information to assist marketing efforts. Staff recommends approval of this negotiated Agreement based on a review of the summary provided by Bell Atlantic, the Agreement and verbal clarification provided by Bell Atlantic. We accept Staff's recommendation, finding that the Agreement meets the standards of 252(e)(2)(A) of the TAct for approval. 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 request a hearing pursuant to RSA 374:26. Based upon the foregoing, it is hereby ORDERED NISI, that the Agreement negotiated between Bell Atlantic and ACL is approved; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Put 1601.05, 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 January 13, 1998 and to be documented by affidavit filed with this office on or before January 20, 1998; 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 27, 1998; and it is FURTHER ORDERED, that any party interested in responding to such comments or request for hearing shall do so no later than February 3, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective February 5, 1998, 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 sixth day of January, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director & Secretary