DR 96-420 FREEDOM RING, L.L.C. Petition Requesting that Incumbent LECs Provide Customers with a Fresh Look Opportunity Order Opening a Fresh Look Opportunity in Portsmouth O R D E R N O. 23,061 November 6, 1998 Order No. 22,798 in this docket granted long-term contract customers of New England Telephone and Telegraph Company d/b/a Bell Atlantic-New Hampshire (Bell Atlantic) a 180 day Fresh Look opportunity beginning on the date that the New Hampshire Public Utilities Commission (Commission) verifies that a competitor is operational within a given exchange identified by central office codes. A Fresh Look opportunity provides for a lower contract termination charge to the Bell Atlantic customer than would normally be required under the contract agreement thus improving the customer's ability to seek competitive alternatives. By Order No. 23,030 dated October 5, 1998, the Commission clarified Order No. 22,798 "to indicate that only the presence of facility-based competitive local exchange carriers (CLECs), not the existence of operational resellers within a particular geographical area, triggers the Fresh Look window". On October 29, 1998 Freedom Ring Communications L.L.C., d/b/a BayRing Communications (BayRing) notified the Commission that it is providing commercial local exchange service in the Bell Atlantic Portsmouth exchange. This order verifies that BayRing, a facility-based CLEC, is operational within the Portsmouth exchange. Accordingly, a Fresh Look opportunity as described in Order No. 22,798 begins on the date this order issues and ends at midnight on May , 1999. The relevant Portsmouth central office codes are: 245, 334, 422, 427, 430, 431, 433, 436, 559. Because it has been more than six months since Bell Atlantic notified customers of Fresh Look, we will require Bell Atlantic to notify all long-term contract customers in the Portsmouth exchange, excluding all other customers, about Fresh Look via the bill insert formerly approved by the Commission. Customers having telephone numbers beginning with any of the NXX prefixes listed above may, during the 180 day Fresh Look opportunity, terminate long-term special contracts and tariff contracts pursuant to our Order No. 22,798. By that order, we excluded long-term intraLATA toll contracts from the Fresh Look opportunity because the toll market is open to competition. By Order No. 22,903 we further clarified that Private Line service is similarly excluded from the Fresh Look opportunity because Private Line service is similarly open to competition and is not a local exchange service. In order to take advantage of a Fresh Look opportunity, a customer's long-term contract must have two years remaining and the customer must have received a bona fide offer to provide the services from a competing local exchange carrier (CLEC). Customers taking advantage of a Fresh Look opportunity are subject to a termination charge calculated by Bell Atlantic using the formula we described in Order No. 22,798. A customer for whom a Fresh Look opportunity has opened pursuant to Commission order, as it will for Portsmouth customers on issuance of this order, may request that Bell Atlantic calculate termination charges at any time. In addition, a CLEC which is acting as the customer's agent may request that Bell Atlantic calculate the termination charge. Requests for Bell Atlantic to calculate termination charges may be either written or verbal. Bell Atlantic has arranged for verbal requests to be handled via an 800 number at 1-800-695-3230. When customer requests are submitted along with notice of receipt of a CLEC's bona fide offer to provide service, Bell Atlantic shall produce termination charge calculations within a maximum of 3 business days for tariff contracts and within a maximum of 5 business days for special contracts. When requests are not accompanied by notice of receipt of a CLEC's bona fide offer to provide service, Bell Atlantic shall produce termination charge calculations within a maximum of 6 business days for tariff contracts and within a maximum of 10 business days for special contracts. A customer shall not lose its Fresh Look opportunity simply because of a dispute arising between Bell Atlantic and the long-term contract customer, or its CLEC agent, which results in the expiration of the 180 day period prior to resolution of the dispute. A customer who tenders a request to Bell Atlantic to terminate a long-term contract, that is, submits a notice of receipt of a CLEC's bona fide offer to provide service along with a request for termination charge calculations, within the 180 day period, shall retain eligibility for Fresh Look after the 180 day period runs. Competing carriers which meet the four-point test we identified in Order 22,798 and clarified in Order No. 23,030 as constituting an operational CLEC must notify the Commission of that status in a timely manner. Delay in making timely notification could cause an unjustified extension of the Fresh Look opportunity. Therefore, if unwarranted delay occurs, we may establish a Fresh Look window retroactive to a date we consider appropriate in the circumstances. Based upon the foregoing, it is hereby ORDERED, that a 180 day Fresh Look opportunity is open in the Portsmouth exchange, identified by the central office codes listed above; and it is FURTHER ORDERED, that termination charge calculations shall be requested and provided as discussed above; and it is FURTHER ORDERED, that Bell Atlantic notify, via a bill insert, only long term contract customers in the Portsmouth exchange, of the Fresh Look opportunity which begins on the date of this order and ends on May 5, 1999. By order of the Public Utilities Commission of New Hampshire this sixth day of November, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary