DT 99-013
Hyperion Communications Of New Hampshire
Petition for Authority to Provide
Local Telecommunications Services
Order Nisi Granting Authorization
O R D E R N O. 23,165
March 16, 1999
On January 25, 1999, Hyperion Communications of New
Hampshire Inc. (HCI) 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 HCI'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 HCI'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 HCI as a New Hampshire CLEC.
HCI has provided a sworn statement and request for
waiver of the surety bond requirement in Puc 1304.02(b) stating
that they do not require advance payments or deposits of their
customers. Staff recommends granting the waiver.
We find that HCI has satisfied the requirements of Puc
1304.01(a)(1) and (2). In addition, we find that certification
of HCI 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 HCI has satisfied
the requirements of Puc 1304.01(a), we will grant certification.
As part of its application, HCI 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, HCI 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.
We note that as new competitors enter the market,
greater pressure is put on the 603 area code, so long as today's
antiquated number assignment process remains in effect.
Accordingly, we would urge HCI to request and use numbers
responsibly and conservatively, and to join in exploring
alternative mechanisms to use existing numbers as efficiently as
possible and thereby avert the need for a new area code.
Based upon the foregoing, it is hereby
ORDERED NISI, that HCI'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 request for waiver of the surety
bond requirement per Puc 1304.02(b) is granted; 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
March 23, 1999 and to be documented by affidavit filed with this
office on or before March 30, 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 April 6, 1999; and it is
FURTHER ORDERED, that this Order Nisi shall be
effective April 16, 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 sixteenth day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary