DF 98-083 FREEDOM RING COMMUNICATIONS, L.L.C. Petition for Approval of Loan Agreement Order Nisi Approving Loan Agreement O R D E R N O. 22,941 May 19, 1998 On April 1, 1998, Freedom Ring Communications, L.L.C. (Freedom Ring) notified the New Hampshire Public Utilities Commission (Commission) of its intent to enter into a Loan Agreement for up to $4,842,105 with the Rural Telephone Finance Cooperative (RTFC). The purpose of obtaining the Loan Agreement is to enable Freedom Ring to acquire equipment, technology and other assets to provide Freedom Ring the opportunity to enter the New Hampshire telecommunications market to begin providing telecommunications services to customers. Freedom Ring is a Competitive Local Exchange Carrier (CLEC), authorized to provide switched and non-switched intrastate local exchange telecommunications in the Bell Atlantic territories of New Hampshire. Without any further interaction with the Commission, Freedom Ring may commence operation. Therefore, Freedom Ring is a public utility, whether or not it is presently operating. Pursuant to RSA 369:1, a public utility may not, without Commission approval, issue any "evidences" of indebtedness, payable more than 12 months after the issuance of the debt. Despite the relaxed regulation of competitive toll providers and CLECs which we announced in our Order No. 22,273, RSA 369:1 applies. In the instant case, we have treated Freedom Ring's letter of notification as a petition for approval and opened this docket to consider the petition. Staff recommends granting the petition, based on review of the information presented. We find that the proposed transaction is consistent with the public good and will therefore approve it. We make this determination based on a finding that Freedom Ring has demonstrated: (1) that the purpose for which the debt is issued is consistent with the corporate purpose of the CLEC, and (2) that the transaction will not adversely affect either the rates, terms, service, or operation of the CLEC in New Hampshire or the technical, financial, and managerial expertise demonstrated by the CLEC in its application for authorization. Based upon the foregoing, it is hereby ORDERED NISI, that Freedom Ring's Petition for Approval of the Loan Agreement with RTFC is APPROVED; 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 May 27, 1998 and to be documented by affidavit filed with this office on or before June 2, 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 June 9, 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 June 16, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective June 19, 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 May, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary