DS 98-225 Bell Atlantic Request to Introduce National 411 Directory Assistance Order Denying the Request O R D E R N O. 23,154 February 23, 1999 On December 28, 1998, New England Telephone and Telegraph Company, d/b/a Bell Atlantic - New Hampshire (BA-NH or Company) petitioned the New Hampshire Public Utilities Commission (Commission) for authority to introduce National 411( N-411) Directory Assistance. Along with the petition, BA-NH provided cost information. On January 4, 1999, the Company filed a public notice of the filing. This filing introduces national directory assistance for customer listings situated outside of New Hampshire. A customer would only be required to dial 411 and tell the Bell Atlantic operator the desired city, state and listing name. The proposed rate is $0.95 per call, which, according to Bell Atlantic, is the mid-point of what competitors charge for national directory service. At the request of Commission Staff, the Commission issued Order No. 23,118 on January 27, 1999 extending the time to review the petition by 30 days, pursuant to RSA 378:6 IV, in order to provide additional time to review the cost information provided by the Company. Staff has completed its review of the filing and cost support information. While Bell Atlantic's cost support information includes inputs and cost factors which are different from the inputs and cost factors of previous cost studies submitted by the Company, it is Staff's opinion that the proposed rate still exceeds the cost of providing the service. Many, but not all, inputs to the cost study are actually higher than previous cost study inputs, including the total element long run incremental cost (TELRIC) inputs. Also, this cost study is reported to be a total service long run incremental cost (TSLRIC) study as opposed to an incremental cost study which was the methodology relied upon by the Company to support previous new tariff filings. TSLRIC studies result in higher proxy costs than incremental cost studies, in most cases. In addition, Staff believes approval of the petition is in the public interest as Bell Atlantic's entry into the national Directory Assistance market will stimulate competition for this service. Although customers can access an alternative carriers' directory assistance service for both in-state and national listings in a number of ways, we are concerned that Bell Atlantic's abbreviated three digit dialing pattern will result in an unfair competitive advantage compared to the manner in which customers access an alternative carrier's directory assistance service. In addition, we are concerned customers are not adequately informed of the charges at the time the customer makes a 411 call. Therefore, we will deny the request and hold a hearing. Interested parties should file comments on or before March 15, 1999 explaining whether this petition will result in competitive harm to alternative carriers. In addition, comments should address issues related to adequate customer notification requirements. Based upon the foregoing, it is hereby ORDERED, that Bell Atlantic's petition for National 411 (N-411) Directory Assistance is hereby DENIED, and it is FURTHER ORDERED, that a hearing be held before the Commission located at 8 Old Suncook Road, Concord, New Hampshire on March 17, 1999 at 10:00 a.m., at which each party will provide a statement of its position with regard to the petition and any other related issues. FURTHER ORDERED, that pursuant to N.H. Admin. Rules Puc 203.01, BA-NH shall notify all persons desiring to be heard at this hearing by publishing a copy of this Order of Notice no later than March 3, 1999, in a newspaper with statewide circulation or of general circulation in those portions of the state in which operations are conducted, publication to be documented by affidavit filed with the Commission on or before March 15, 1999; and it is FURTHER ORDERED, that pursuant to N.H. Admin. Rules Puc 203.02, any party seeking to intervene in the proceeding shall submit to the Commission an original and eight copies of a Petition to Intervene with copies sent to BA-NH and the Office of the Consumer Advocate on or before March 12, 1999, such Petition stating the facts demonstrating how its rights, duties, privileges, immunities or other substantial interests may be affected by the proceeding, as required by N.H. Admin. Rule Puc 203.02 and RSA 541-A:32,I(b); and it is FURTHER ORDERED, that any party objecting to a Petition to Intervene make said Objection on or before March 15, 1999. By order of the Public Utilities Commission of New Hampshire this twenty-third day of February, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary