DE 98-214 AMERICAN INTERNATIONAL TELEPHONE, INC. INTEROUTE TELECOMMUNICATIONS, INC. Transfer of Assets Order NISI Approving Transfer of Control of American International Telephone to Interoute Telecommunications, Inc. O R D E R N O. 23,089 December 15, 1998 The Petitioners, American International Telephone, Inc. (AIT), and Interoute Telecommunications, Inc. (Interoute) filed with the New Hampshire Public Utilities Commission (Commission), a joint petition for approval of a proposed transfer of AIT assets to Interoute. In the proposed transaction Interoute will acquire all outstanding shares of AIT from shareholders. Pursuant to Order No. 22,473, the Commission authorized AIT as a Competitive Toll Provider (CTP) in New Hampshire on February 25, 1997. Since 1984, the telecommunications market in New Hampshire has evolved from a monopoly to a more fully competitive market. As a result of the increasingly competitive nature of the market, the degree of agency regulation of CTPs has decreased. Nonetheless, pursuant to RSA 374:30, a New Hampshire public utility may not transfer its franchise, stock, or system, or acquire other utilities without Commission approval. RSA 374:30 requires a finding that the transfer is for the public good. AIT submits that by combining the companies' operations, both Interoute and AIT will have a more diversified revenue base, significant synergies in marketing, network performance and operations. Accordingly, it is argued that the proposed acquisition will be seamless to customers and benefit the public interest by enlarging the ability of the petitioners to offer a full range of competitively priced services. The Commission's Staff has reviewed the petition and is in support of the relief requested. Based upon the foregoing, it is hereby ORDERED NISI, that the proposed transfer of control of stock of American International Telephone, Inc., to Interoute Telecommunications, Inc. is APPROVED; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules, Puc 1604.03 or Puc 1605.03, the petitioners 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 December 22, 1998 and to be documented by affidavit filed with this office on or before December 29, 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 January 5, 1999; and it is FURTHER ORDERED, that any party interested in responding to such comments or request for hearing shall do so no later than January 12, 1999; and it is FURTHER ORDERED, that this Order Nisi shall be effective January 14, 1999, 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 fifteenth day of December, 1998. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary