DE 97-196
JERRY LA QUIERE d/b/a LEC-LINK
Petition For Authority to Provide
Local Telecommunications Services
Order Nisi Granting Authorization
O R D E R N O. 22,882
March 24, 1998
The Petitioner, Jerry La Quiere d/b/a Lec-Link (Lec-Link), filed on September 19, 1997, a petition with the New
Hampshire Public Utilities Commission (Commission) for authority
to provide switched and non-switched competitive 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 Lec-Link's
petition for compliance with these standards. Staff reports that
Lec-Link has provided all of the information required by Puc
1304.02. The information provided supports Lec-Link's assertion
of financial resources, managerial qualifications, and technical
competence sufficient to meet the standards set forth in Puc
1304.01(b), (e), (f), and (g). Staff, therefore, recommends
approval of Lec-Link as a New Hampshire CLEC.
Lec-Link 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 Lec-Link has satisfied the requirements of
Puc 1304.01(a)(1) and (2). In addition, we find that
certification of Lec-Link 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 Lec-Link has satisfied the requirements of Puc
1304.01(a), we will grant certification.
As part of its application, Lec-Link 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,
Lec-Link seeks to exceed Bell Atlantic's access rates it shall
first contact 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 Lec-Link'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 pursuant to N.H. Admin. Rules,
Puc 1604.03 or Puc 1605.03, the Petitioner shall cause a copy of
this Order Nisi to be published once in a statewide newspaper of
general circulation or of circulation in those portions of the
state where operations are conducted, such publication to be no
later than March 31, 1998 and to be documented by affidavit filed
with this office on or before April 7, 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 April 14, 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 April 21, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective April 23, 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 a
compliance rate schedule with the Commission on or before
April 23, 1998, in accordance with N.H. Admin. Rules, Puc
1603.02(b).
By order of the Public Utilities Commission of New
Hampshire this twenty-fourth 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