DE 98-215 TELECOM RESOURCES, INC. ADVANCED COMMUNICATIONS GROUP, INC. Transfer of Assets Order NISI Approving Transfer of Control of Telecom Resources, Inc. to Advanced Communications, Inc. O R D E R N O. 23,119 January 27, 1999 The Petitioners, TELECOM RESOURCES, INC.(TRI), and ADVANCED COMMUNICATIONS GROUP, INC. (ACG) filed with the New Hampshire Public Utilities Commission (Commission), a joint petition for approval of a proposed transfer of TRI assets to ACG. In the proposed transaction ACG will acquire control of TRI through the merger of an ACG subsidiary, ADVANCED COMMUNICATIONS GROUP ACQUISITION CORPORATION (ACGAC), a wholly-owned subsidiary of ACG created for the transaction with and into TRI. The separate corporate existence of the subsidiary will cease as a result of this merger leaving ACG in control of TRI. Pursuant to Order No. 22,473, the Commission authorized TRI as a Competitive Toll Provider (CTP) in New Hampshire on April 16, 1998. 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. TRI submits that the company will continue to operate as Telecom Resources, Inc. and only the underlying ownership of TRI will change as a result of this transaction. This transaction will not adversely effect the rates, terms, service or operation of TRI within New Hampshire and will be transparent to customers. Based upon the foregoing, it is hereby ORDERED NISI, that the proposed transfer of control of Telecom Resources, Inc., to Advanced Communications Group, 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 February 3, 1999 and to be documented by affidavit filed with this office on or before February 10, 1999; 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 February 17, 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 February 24, 1999; and it is FURTHER ORDERED, that this Order Nisi shall be effective February 26, 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 twenty-seventh day of January, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary