DF 98-116 Westinghouse Electric Corporation Transfer of Assets Order Approving Transfer to RSL COM U.S.A., Inc. O R D E R N O. 22,967 June 30, 1998 On May 7, 1998, Westinghouse Electric Corporation d/b/a CBS Corporation (Westinghouse) and RSL COM U.S.A., Inc. (RSL COM) notified the New Hampshire Public Utilities Commission (Commission) of a proposed transfer of Westinghouse's assets to RSL COM. Pursuant to Order No. 22,473, the Commission authorized Westinghouse as a Competitive Toll Provider (CTP) in New Hampshire on February 25, 1997; RSL COM was authorized as a CTP on June 25, 1998. Since 1984, the telecommunications market in New Hampshire has evolved from a monopoly to a more fully competitive market. As a result of the increasingly competitive nature of the market, the degree of agency regulation of CTPs has decreased. Nonetheless, pursuant to RSA 374:30, a New Hampshire public utility may not transfer its franchise, stock, or system, or acquire other utilities without Commission approval. We must therefore review the proposed transaction in light of the statutory standard. RSA 374:30 requires a finding that the transfer is for the public good. In the circumstances presented here, i.e. a transfer of the assets of one duly authorized CTP to another, the public good is preserved when the rates, terms, service, and operation of the CTP in New Hampshire are not adversely affected. In addition, the transfer will not adversely affect the competitive toll market in New Hampshire. RSL COM will provide adequate notice to customers and asserts that the proposed transfer will not cause inconvenience or confusion, being virtually transparent in terms of quality of service. Furthermore, the transaction will not adversely affect competition in New Hampshire. We find that the proposed transaction is for the public good. Based upon the foregoing, it is hereby ORDERED, that the proposed transfer of the assets of Westinghouse Electric Corporation d/b/a CBS Corporation to RSL COM U.S.A., Inc. is APPROVED. By order of the Public Utilities Commission of New Hampshire this thirtieth day of June, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary