DE 98-217
BELL ATLANTIC/OMNIPOINT COMMUNICATIONS
Order Nisi Approving Cellular Interconnection Agreement
O R D E R N O. 23,125
February 1, 1999
On December 14, 1998, New England Telephone and
Telegraph Company (Bell Atlantic) and Omnipoint Communications MB
Operations LLC and Omnipoint Communications DEF Operations
(Omnipoint) filed with the New Hampshire Public Utilities
Commission (Commission) a negotiated Cellular Interconnection
Agreement (Agreement). The Agreement was filed for approval
pursuant to 47 U.S.C. Section 252(e) of the Telecommunications
Act of 1996 (TAct).
This Agreement provides, inter alia, for transmission
and routing of exchange service traffic and exchange access
traffic and transmission and termination of other types of
traffic and joint network configuration. Bell Atlantic and
Omnipoint will exchange technical and traffic information which
will be kept proprietary; each party will maintain facilities
within its own network and will not interfere with the other
party's systems.
This Agreement establishes reciprocal compensation as
well as negotiated rates for cellular Type I and Type IIA access.
The negotiated rates are lower than the tariffed rates for Type I
and Type IIA access and, according to Bell Atlantic, are based on
Total Element Long Run Incremental Costs.
Staff recommends approval of the Agreement between Bell
Atlantic and Omnipoint based on a review of the summary and
actual agreement for compliance with the TAct. Staff points out
that the Agreement is substantially consistent with the terms of
previously approved interconnection agreements and that all
prices are the same as other agreements between Bell Atlantic and
cellular companies.
We have reviewed the Agreement and find it meets the
standards of Section 252(e)(2)(A) for approval of a negotiated
agreement. The Agreement does not appear to be discriminatory
with respect to any carrier not a party to the negotiations. We
find that approval is consistent with the public interest in
achieving a more competitive telecommunications market.
Therefore, we will approve it on a nisi basis in order to provide
any interested party an opportunity to request a hearing pursuant
to RSA 374:26.
Based upon the foregoing, it is hereby
ORDERED NISI, that the Interconnection Agreement
negotiated between Bell Atlantic and Omnipoint is approved; 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
February 8, 1999 and to be documented by affidavit filed with
this office on or before February 16, 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 22, 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 26, 1999; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective March 1, 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 first day of February, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary