DE 98-107 BELL ATLANTIC Petition for EAS Expansion of Meredith and Ashland Exchanges Order Denying Poll on EAS Expansion O R D E R N O. 23,087 December 14, 1998 APPEARANCES: Ms. Melissa Emery on behalf of the Petitioners; Charles Paone, New England Telephone & Telegraph Company; and, E. Barclay Jackson, Esq. for the Staff of the New Hampshire Public Utilities Commission. On June 11, 1998, Petitioners Alyssa Bergeron, Nicole Provencher and Melissa Emery (the Petitioners) filed with the New Hampshire Public Utilities Commission a request for expansion of the local calling area, also known as the Extended Area Service (EAS), for the 279 (Meredith) and 968 (Ashland) exchanges, to include the towns of Bristol, New Hampton, Danbury, Bridgewater, Alexandria, Hebron, Rumney and Groton. By Order of Notice issued on September 3, 1998, the Commission gave notice that the request for expansion would be considered in light of New Hampshire Admin. Rule Puc 410. The Order of Notice also referred to the Commission's recent decision, announced in Order No. 22,861 (March 9, 1998), to require that Bell Atlantic implement two-way home and contiguous EAS. As a result of Order No. 22,861, most of the exchanges that the Petitioners have requested are soon to be included in the Meredith and Ashland calling areas. Only the towns of Danbury and Rumney remain to be considered. By adopting Puc 410, we intended to articulate in easily understood components the standards we have applied in assessing prior EAS petitions. See, Order No. 23,037 in DE 98-085, Order No. 22,831 in DE 97-193. Those standards include a community of interest approach as discussed in FCC Docket No. 96-45, In the Matter of Federal-State Joint Board on Universal Service, Report and Order FCC 97-157 (May 8, 1997). Puc 410.02(b)(8) requires a petitioner to provide a statement as to whether customers can call the following services without incurring toll charges: relevant public schools, a general medical practitioner, a pharmacy, a banking facility, a central business area comprised of 12 or more businesses, and an internet provider. The list in Puc 410.02(b)(8) defines, for our purposes, a community of interest. If customers are unable to call three or more of the listed services, we are required by Puc 410.03 to hold a hearing to decide whether customers should be polled on the proposed expansion. In the instant case, because the petition was filed prior to final adoption of Puc 410, a hearing was held despite the fact that the Petitioners did not provide the required statement. At a duly noticed hearing on October 9, 1998, several of the Petitioners testified as to the existence of a community of interest between the Meredith, Ashland, Danbury and Rumney exchanges. In addition, letters were read into the record in support of the expansion from the principal of the Bristol Middle School and the principal of the New Hampton and Danbury schools. The record also contains letters in support of the petition from the Newfound Area School District Superintendent and the Director of Recreation of the Bristol Community Center. In the course of questioning, the Petitioners agreed that the major reason they seek EAS expansion is to insure that all students can call within the SAU 4 school district at local rates. They indicated that a customer can, without incurring toll charges, reach medical facilities, a pharmacy, a bank, a central business area, and an internet provider. Based upon the testimony at our hearing on October 9, 1998, we find that a poll of citizens is unwarranted because no community of interest has been demonstrated between the petitioning exchanges and the towns of Danbury and Rumney. The effect of our decision is somewhat ameliorated by our satisfaction that the two-way home and contiguous EAS expansion is moving forward as quickly as allowed by the constraints of technology and that the Petitioners' current EAS will expand to meet their concerns in the majority of the requested area. Based upon the foregoing, it is hereby ORDERED, that the petition to expand EAS for the Meredith and Ashland exchanges is DENIED. By order of the Public Utilities Commission of New Hampshire this fourteenth day of December, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary