DE 98-003 BELL ATLANTIC/RNK INCORPORATED Order Nisi Approving Resale Agreement O R D E R N O. 22,857 February 19, 1998 On January 27, 1998, New England Telephone and Telegraph Company (Bell Atlantic) and RNK Incorporated (RNK) 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 RNK to retail customers. Business and residence services are provided to RNK at a mutually agreed upon percentage discount from the Bell Atlantic tariff rates. Service establishment charges and other charges related to providing service are expressed in dollar amounts. Discounts in this filing range from 17.30% 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. All other pricing is consistent with the current SGAT which includes revisions filed with the Commission on December 22, 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. Unlike recently approved interconnection agreements, this Agreement is not denoted an interim contract which will govern the parties' terms until the Commission approves the SGAT. However the terms, conditions and prices are the same as the currently filed SGAT. Bell Atlantic will provide training to RNK 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 RNK is approved; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Puc 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 February 26, 1998 and to be documented by affidavit filed with this office on or before March 5, 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 March 12, 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 March 19, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective March 23, 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 nineteenth day of February, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director & Secretary