DR 96-420 FREEDOM RING, L.L.C. Petition Requesting that Incumbent LECs Provide Customers with a Fresh Look Opportunity Order Opening a Fresh Look Opportunity in Manchester and Nashua Exchanges and Clarifying Procedures for Obtaining and Providing Termination Charge Information O R D E R N O. 22,903 April 17, 1998 Order No. 22,798 in this docket granted long-term contract customers of New England Telephone and Telegraph Company d/b/a Bell Atlantic-New Hampshire (Bell Atlantic) a 180 day Fresh Look opportunity beginning on the date that the New Hampshire Public Utilities Commission (Commission) verifies that a competitor is operational within a given geographic area identified by NXX prefixes. On March 18, 1998 New England Fiber Communications LLC d/b/a Brooks WorldCom (Brooks) notified the Commission that it is providing commercial local exchange service in the below-listed Bell Atlantic exchanges in Manchester and Nashua. This order verifies that Brooks is operational within these exchanges. Accordingly, within these exchanges, a Fresh Look opportunity as described in Order No. 22,798 begins on the date this order issues and ends at midnight on October 14, 1998. The relevant exchanges are: Manchester: 621, 622, 623, 624, 625, 626, 627, 628, 629, 633, 634, 641, 644, 645, 647, 656, 663, 665, 666, 668, 669, 695, 940, 976 Nashua: 577, 578, 579, 594, 595, 598, 791, 879, 880, 881, 882, 883, 884, 885, 886, 888, 889, 891, 897 Pursuant to Order No. 22,798, now that we have verified that a competitive local exchange carrier is operational in New Hampshire Bell Atlantic shall notify all long-term contract customers about Fresh Look via a bill insert approved by the Commission. To further publicize Fresh Look, we will issue a press release on the subject, including the Commission's Website address at which customers may obtain Fresh Look information. Customers having telephone numbers beginning with any of the NXX prefixes listed above may, during the 180 day Fresh Look opportunity, terminate long-term special contracts and tariff contracts pursuant to our Order No. 22,798. By that order, we excluded long-term intraLATA toll contracts from the Fresh Look opportunity because the toll market is open to competition. By this order we clarify that Private Line service is similarly excluded from the Fresh Look opportunity because Private Line service is similarly open to competition and is not a local exchange service. In order to take advantage of a Fresh Look opportunity, a customer's long-term contract must have two years remaining and the customer must have received a bona fide offer to provide the services from a competing local exchange carrier (CLEC). Customers taking advantage of a Fresh Look opportunity are subject to a termination charge calculated by Bell Atlantic using the formula we described in Order No. 22,798. A customer for whom a Fresh Look opportunity has opened pursuant to Commission order, as it will for Manchester and Nashua customers on issuance of this order, may request that Bell Atlantic calculate termination charges at any time. In addition, a CLEC which is acting as the customer's agent may request that Bell Atlantic calculate the termination charge. Requests for Bell Atlantic to calculate termination charges may be either written or verbal. Bell Atlantic has arranged for verbal requests to be handled via an 800 number at 1-800-695-3230. When customer requests are submitted along with notice of receipt of a CLEC's bona fide offer to provide service, Bell Atlantic shall produce termination charge calculations within a maximum of 3 business days for tariff contracts and within a maximum of 5 business days for special contracts. When requests are not accompanied by notice of receipt of a CLEC's bona fide offer to provide service, Bell Atlantic shall produce termination charge calculations within a maximum of 6 business days for tariff contracts and within a maximum of 10 business days for special contracts. A customer shall not lose its Fresh Look opportunity simply because of a dispute arising between Bell Atlantic and the long-term contract customer, or its CLEC agent, which results in the expiration of the 180 day period prior to resolution of the dispute. A customer who tenders a request to Bell Atlantic to terminate a long-term contract, that is, submits a notice of receipt of a CLEC's bona fide offer to provide service along with a request for termination charge calculations, within the 180 day period, shall retain eligibility for Fresh Look after the 180 day period runs. Competing carriers which meet the four-point test we identified in Order 22,798 as constituting an operational CLEC must notify the Commission of that status in a timely manner. Delay in making timely notification could cause an unjustified extension of the Fresh Look opportunity. Therefore, if unwarranted delay occurs, we may establish a Fresh Look window retroactive to a date we consider appropriate in the circumstances. Although the parties and Staff raised the issue of whether resale opportunities obviated the need for a Fresh Look opportunity, we have not fully considered whether the four-point test, applied to resellers, opens a Fresh Look opportunity. Therefore, we seek comments on that issue from all interested parties. Based upon the foregoing, it is hereby ORDERED, that a 180 day Fresh Look opportunity is open in the Manchester and Nashua exchanges listed above; and it is FURTHER ORDERED, that termination charge calculations shall be requested and provided as discussed above; and it is FURTHER ORDERED, that Order No. 22,798 is clarified as noted above; and it is FURTHER ORDERED, that a hearing be held before the Commission located at 8 Old Suncook Road, Concord, New Hampshire on May 8, 1998, at 10:00 a.m., at which interested parties may be heard on the issue of the effect of reseller operation on Fresh Look; and it is FURTHER ORDERED, that the Commission's Executive Director shall notify all authorized resellers about this hearing by letter mailed on or before April 21, 1998. By order of the Public Utilities Commission of New Hampshire this seventeenth day of April, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Kimberly Nolin Smith Assistant Secretary