DE 97-220

                      THIRD RAIL WIRELESS SERVICES INC  

                      Petition for Authority to Provide
                      Local Telecommunications Services
                                      
                      Order Nisi Granting Authorization

                            O R D E R  N O.  22,826

                                January 6, 1998

    On October 14, 1997, Third Rail Wireless Services Inc.
(Third Rail) filed with the New Hampshire Public Utilities
Commission (Commission) a petition for authority to provide
switched and non-switched local exchange telecommunications
services, pursuant to the policy goals set by the New Hampshire
Legislature in RSA 374:22-g, effective July 23, 1995.
  The Legislature directed the Commission to adopt rules
on or before December 31, 1996, to enforce the provisions of RSA
374:22-g.  Effective December 4, 1996, the Commission adopted
N.H. Admin. Rules, Puc Chapter 1300 which governs the petition of
applicants to become competitive local exchange carriers (CLECs).
  Pursuant to Puc Chapter 1300, an applicant's petition
for certification shall be granted when the Commission finds that
(1) all information listed in Puc 1304.02 has been provided to
the Commission; (2) the applicant meets standards for financial
resources, managerial qualifications, and technical competence;
and, (3) certification for the particular geographic area
requested is in the public good.
  The Commission Staff (Staff) has reviewed Third Rail's
petition for compliance with these standards.  Staff reports that 
they have provided all the information required by Puc 1304.02. 
The information provided supports Third Rail's assertion of
financial resources, managerial qualifications, and technical
competence sufficient to meet the standards set out in Puc
1304.01(b), (e), (f), and (g).  Staff, therefore, recommends
approval of Third Rail as a New Hampshire CLEC.
  Third Rail has provided a sworn statement and request
for waiver of the surety bond requirement in Puc 1304.02(b)
stating that they do not require advance payments or deposits of
their customers.  Staff recommends granting the waiver.
  We find that Third Rail has satisfied the requirements
of Puc 1304.01(a)(1) and (2).  In addition, we find that
certification of Third Rail in its intended service area, Bell
Atlantic's current service area, is in the public good, thus
meeting the requirement of Puc 1304.01(a)(3).  In making this
finding, as directed by RSA 374:22-g, we have considered the
interests of competition, fairness, economic efficiency,
universal service, carrier of last resort, the incumbent's
opportunity to realize a reasonable return on its investment, and
recovery by the incumbent of expenses incurred.  This finding is
further supported by the Telecommunications Act of 1996 (TAct). 
Because Third Rail has satisfied the requirements of Puc
1304.01(a), we will grant certification.
  As part of its application, Third Rail agreed to concur
with Bell Atlantic's present and future rates for intraLATA
switched access or to charge a lower rate.  If, at any point,
Third Rail seeks to exceed Bell Atlantic's access rates it shall
first contact the Staff to review the proposal.  We will monitor
access rates as the intraLATA toll and local exchange markets
develop.  CLECs charging higher access rates than they
reciprocally pay Bell Atlantic could inhibit intraLATA toll
competition which would call into question Section 253 of the
TAct.
  Based upon the foregoing, it is hereby
  ORDERED NISI, that Third Rail's petition for authority
to provide switched and non-switched intrastate local exchange
telecommunications services in the service territory of Bell
Atlantic, is GRANTED, subject, inter alia to the requirements of
Puc 1304.03; and it is
       FURTHER ORDERED, that request for waiver of the surety
bond requirement per Puc 1304.02(b) is granted; and it is 
  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
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 Order Nisi shall 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; and it is 
  FURTHER ORDERED, that the Petitioner shall file, ten
days prior to commencing service, a rate schedule including the
name, description and price of each service, with the Commission
in accordance with N.H. Admin. Rules, Puc 1304.03(b).




  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