DE 98-204
HARVARDNET, INC.
Petition for Authority to Provide Local Telecommunications
Services
Order NISI Order Granting Authority
O R D E R N O. 23,094
December 21, 1998
The Petitioner, HarvardNet, Inc. (HarvardNet), on
November 30, 1998, 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 HarvardNet's
petition for compliance with these standards. Staff reports that
the company has provided all the information required by Puc
1304.02. The information provided supports HarvardNet'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 HarvardNet as a New Hampshire CLEC.
We find that HarvardNet has satisfied the requirements
of Puc 1304.01(a)(1) and (2). In addition, we find that
certification of HarvardNet 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 HarvardNet has satisfied the requirements of Puc
1304.01(a), we will grant certification.
As part of its application, HarvardNet agreed to abide
by Bell Atlantic's present and future rates for intraLATA
switched access or to charge a lower rate. If, at any point,
HarvardNet seeks to exceed Bell Atlantic's access rates it shall
first contact the Staff to review the proposal. The Commission
will monitor access rates as the intraLATA toll and local
exchange markets develop. CLECs charging higher access rates
than they, in turn, 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 HarvardNet'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 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
December 28, 1998 and to be documented by affidavit filed with
this office on or before January 4, 1999; 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 January 11, 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 18, 1999; and it is
FURTHER ORDERED, that this order NISI shall be
effective January 20, 1999, 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 twenty-first day of December, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary