DE 98-181 MediaOne of New England, Inc. Petition for License to Construct and Maintain Coax Cable Over and Across Public Waters of the Contoocook River in the Town of Penacook, New Hampshire Order NISI Granting License for Coax Cable Over and Across Public Waters O R D E R N O. 23,048 October 27, 1998 The Petitioner, MediaOne of New England, Inc. (MediaOne), filed on October 14, 1998, a petition under RSA 371:17 for authority to construct and maintain a coax cable over and across the Contoocook River within the town of Penacook, New Hampshire. The proposed coax cable is to provide cable service to a customer who has requested such service. On October 19, 1998, MediaOne filed an addendum to its petition in response to the New Hampshire Public Utilities Commission Staff's (Staff) request for additional information. In support of its petition, Media One submitted a profile of the construction. The proposed crossing will be 300 feet of .625 coax cable to start at pole #44/87 and terminate at pole #10B/1. This cable is an integral part of MediaOne's cable system. In order to establish reliable service to the public, MediaOne must construct and maintain cable over and across certain public waters. The definition of public waters contained in RSA 371:17 includes "all ponds of more than ten acres, tidewater bodies, and such streams or portions thereof as the Commission may prescribe." The Commission prescribes this crossing to be across public waters. MediaOne has attested and Staff agrees that the construction of this cable crossing will meet or exceed the requirements of the 1997 National Electrical Safety Code (NESC). The Commission grants this petition pursuant to its authority under RSA 371:17 to allow such construction when it is necessary to meet the requirements of service to the public. Therefore, we will approve the petition on a Nisi basis in order to provide any interested party the opportunity to submit comments on said petition or to request a hearing. Based upon the foregoing, it is hereby ORDERED NISI, that MediaOne is authorized, pursuant to RSA 371:17 et seq. to construct, maintain and operate cable over and across the Contoocook River in Penacook, New Hampshire depicted on drawing PE-001, submitted October 14, 1998 and on file with this Commission unless the Commission directs otherwise prior to the proposed effective date; and it is FURTHER ORDERED, that all construction and future reconstruction to this approved crossing shall conform to the requirements of the NESC and all other applicable safety standards in existence at that time; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Puc 1604.03 or Puc 1605.03, the Petitioner shall cause a copy of this Order Nisi to be published once in a statewide newspaper of general circulation or of circulation in those portions of the state where operations are conducted, such publication to be no later than November 3, 1998 and to be documented by affidavit filed with this office on or before November 10, 1998; and it is FURTHER ORDERED, that the petitioner notify the Town of Penacook of this matter by serving a copy of this order on the Town Clerk by first-class mail postmarked no later than November 3, 1998, with said notification to be verified by affidavit filed on or before November 10, 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 November 17, 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 November 24, 1998; and it is FURTHER ORDERED, that this Order Nisi shall be effective November 26, 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 twenty-seventh day of October, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary