DS 98-010 Kearsarge Telephone Company Request to Remove Certain Usage and Billing Charges from the ISDN Tariff and Make Adjustments to Service Establishment Charges to the ISDN-PRI Tariff Order Extending Time for Review by 30 Days O R D E R N O. 22,864 March 9, 1998 On February 9, 1998, Kearsarge Telephone Company (KTC) or Company) petitioned the New Hampshire Public Utilities Commission (Commission) for authority to remove Circuit Switched Usage charges and Message Detail Billing charges from the ISDN-Basic and ISDN-Primary tariffs pursuant to RSA 374:22 and RSA 374:26. In addition, KTC petitioned to make amendments to the service establishment charge in the ISDN-primary tariff. KTC seeks to remove usage and billing charges from the tariff because customers, according to KTC, are unable to predict their monthly charges and are therefore less likely to purchase ISDN service. Thus, removal of usage based charges should increase sales of ISDN and help recover foregone revenue. The proposed amendment to the service establishment charge tariff includes new language waiving the service establishment charge for customers agreeing to subscribe to the service for a minimum period of three years. Staff has reviewed the petition and recommends that the Commission deny the request. On February 3, 1998, staff received from the Company information indicating that there are currently not enough ISDN customers to recover the cost of providing the service. Staff is concerned that eliminating a source of revenue such as a usage charge may exacerbate the problem of cost recovery. Staff recognizes that a usage based charge discourages customers from purchasing ISDN services. However, because the petition does not include demand forecasts supporting claims of ISDN sale increases, staff is unable to assess the impact the proposed changes will likely have on the Company's prospects of recovering the cost of providing ISDN service. In addition, staff believes the proposed amendments waiving service establishment charges for customers subscribing to ISDN services for a three year period may adversely impact the development of competition. Staff avers that arrangements such as the one proposed by the Company have the effect of removing certain customers from the market before competitors have the opportunity to provide service. Staff admits that, in the near term, competitive markets are not likely to develop in small independent telephone company service areas. Nevertheless, Staff is concerned arrangements similar to that proposed by the Company will have a precedential effect in other service areas. We have reviewed the petition and Staff's recommendation. We commend the Company for attempting to alleviate the problem of under-recovery for ISDN service by repricing the tariff to attract additional customers. However, we are concerned by the Company's lack of detail in support of its proposal. In our Order No. 22,839, (January 21, 1998) we found that Hollis Telephone Company stockholders should bear the cost of providing ISDN services if, at the time of a future rate proceeding, the demand for ISDN was below the number of ISDN customers necessary to cover the cost of providing ISDN service. In this case, the Company has not provided the number of customers it needs at the proposed rate, to fully recover its costs. We will therefore, consistent with RSA 378:6, IV, extend the time for review of this petition for 30 days and order KTC to provide the information necessary to insure that ISDN customers or stockholders fully cover the cost of providing ISDN service. We are also concerned about the waiver of service establishment charges on potential competition and will direct the Company to justify this proposed amendment or reconsider the term. We suggest one possible solution to balance the interests of the Company with the interests of competition is consideration of a fresh look opportunity similar to that directed in Order No. 22,798 (December 8, 1997). If a fresh look opportunity is available to KTC customers under a three year term, at the time competition develops in the Company's franchise territory, the concern may be allayed. Based upon the foregoing, it is hereby ORDERED that pursuant to RSA 378:6, IV, the time for review of this petition is extended for 30 days; and it is FURTHER ORDERED, that KTC file information necessary to insure that either ISDN customers or stockholders cover the cost of ISDN under the proposed rates; and it is FURTHER ORDERED, that the Company file its position on the Commission's concern regarding the effect of competition on a three year term commitment in exchange for waiver of the service establishment charge. By order of the Public Utilities Commission of New Hampshire this ninth 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