DE 98-102 TEL-SAVE, INC. Complaint and Request For Relief Order Setting Procedural Schedule O R D E R N O. 22,972 July 6, 1998 On June 15, 1998, Tel-Save, Inc. (TSI) filed with the New Hampshire Public Utilities Commission (Commission) a complaint and request for relief against Bell Atlantic for violation of sections 201(b) and 202 of the Communications Act of 1934 as amended by the Telecommunications Act of 1996, and for violation of RSA 374:1. TSI alleges that Bell Atlantic does not permit end-user customers to lift PIC freezes by means of e-mail, whether transmitted directly by the customer or forwarded by TSI. TSI states that Bell Atlantic's refusal to accept e-mailed requests to lift PIC freezes unreasonably delays, impedes and often thwarts the customer's attempt to switch carriers. By contrast, TSI indicates that Bell Atlantic does accept PIC changes by e-mail in cases where the customer has not frozen the PIC. TSI requests that the Commission order Bell Atlantic to accept e-mailed requests to lift PIC freezes, both directly from end-user customers and as forwarded by TSI and to provide any other relief the Commission finds appropriate. On June 29, 1998, Bell Atlantic filed with the Commission a response to the TSI complaint stating that Bell Atlantic is giving serious consideration to both e-mail and other methods of accepting PIC freeze removal requests from end user customers. Bell Atlantic further states that it must be completely satisfied that customers remain protected against slamming by ensuring that e-mails are valid. Additionally, Bell Atlantic recommends waiting for the forthcoming Order in FCC Docket 94-129, which is likely to address the issue of Interstate PIC freezes and should be considered for consistency with the Intrastate policy. Staff recommends a procedural schedule providing for written position papers, rather than a protracted proceeding with testimony, discovery and hearing, unless any party in interest specifically requests a hearing. Staff proposes the following schedule: Requests For Intervention July 24, 1998 Prehearing Conf./Tech Session July 27, 1998 at 10:00 AM Response to TSI Filing August 7, 1998 By Parties and Staff Rebuttal Testimony August 21, 1998 Hearing, if Necessary, September 3, 1998 at 10:00 AM We have reviewed the Staff Proposal and find the procedure and schedule to be reasonable. Based upon the foregoing, it is hereby ORDERED, that the procedural schedule set forth above is APPROVED; and it is FURTHER ORDERED, that Bell Atlantic shall cause a copy of this order to be published once in a statewide newspaper of general circulation, such publication to be no later than July 13, 1998 and to be documented by affidavit filed with this office on or before July 27, 1998 and it is FURTHER ORDERED, that any party desiring to participate in this proceeding should file a motion to intervene by July 24, 1998 and that objections to intervention should be filed by July 27, 1998; and it is FURTHER ORDERED, that any party who desires a hearing before the Commission on this issue file a written request on or before August 21, 1998. By order of the Public Utilities Commission of New Hampshire this sixth day of July, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary