DE 98-024
GLOBAL NAPS, INC.
Petition for Authority to Provide
Local Telecommunications Services
Order Nisi Granting Authorization
O R D E R N O. 22,976
July 8, 1998
On March 2, 1998, Global NAPS, Inc. (GNI) filed
with the New Hampshire Public Utilities Commission (Commission) a
petition for authority to provide switched and non-switched 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 GNI's
petition for compliance with these standards. Staff reports that
they have provided all the information required by Puc 1304.02.
The information provided supports GNI's assertion of financial
resources, managerial qualifications, and technical competence
sufficient to meet the standards set out in Puc 1304.01(b),(e),
(f), and (g). Staff, therefore, recommends approval of GNI as a
New Hampshire CLEC.
GNI has provided a sworn statement that they will
not require deposits until such time as a surety bond is posted.
GNI therefore has requested a waiver of the surety bond
requirement in Puc 1304.02(b). Staff recommends granting the
waiver. The waiver can be removed in the future if GNI provides
evidence to the Commission that the bond requirement has been
met.
GNI has requested a waiver of the requirement to
report New Hampshire-specific Income as required by Puc
1308.01(d)(1) due to its books being maintained on a company-wide
basis. GNI
states that they will provide New Hampshire revenue figures.
Staff recommends granting the waiver and acceptance by the
Commission of company-wide financials with revenues to be stated
on a New Hampshire basis in compliance with Puc 1308.01(d)(2).
We find that GNI has satisfied the requirements of
Puc 1304.01(a)(1) and (2). In addition, we find that
certification of GNI 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 GNI has satisfied the requirements of Puc 1304.01(a), we
will grant certification.
As part of its application, GNI 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, GNI
seeks to exceed Bell Atlantic's access rates it shall first
contact the 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 GNI'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 request for waiver to report
New Hampshire-specific Income per Puc 1308.01(d)(1) is granted;
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
July 15, 1998 and to be documented by affidavit filed with this
office on or before July 22, 1998; and it is
FURTHER ORDERED, that all persons interested in
responding to this Order Nisi shall submit their comments or file
a written request for a hearing on this matter before the
Commission no later than July 29, 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 August 5, 1998; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective August 7, 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,
ten days prior to commencing service, a rate schedule including
the name, description and price of each service, with the
Commission in accordance with N.H. Admin. Rules, Puc 1304.03(b).
By order of the Public Utilities Commission of New
Hampshire this eighth day of July, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director & Secretary