DT 99-026
Bell Atlantic/Hyperion Communications of New Hampshire
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,170
March 22, 1999
On February 23, 1999, Hyperion Communications of New
Hampshire (HCNH) filed with the New Hampshire Public Utilities
Commission (Commission) a negotiated Interconnection Agreement
(Agreement) with New England Telephone and Telegraph Company
(Bell Atlantic). The Agreement was filed for approval pursuant
to section 252(e) of the Telecommunications Act of 1996 (TAct).
The agreement filed adopts most terms and conditions of
the interconnection agreement between Bell Atlantic and New
England Fiber Communications (Brooks) which was approved by
Commission Order No. 22,753 dated October 13, 1997. The parties
acknowledge that they have different interpretations of
reciprocal compensation and agree that neither party has waived
its rights to seek appropriate legal recourse on this matter
should circumstances warrant.
This Agreement provides, inter alia, for
transmission/routing of exchange service traffic and exchange
access traffic, transmission/termination of other types of
traffic and joint network configuration. It further provides for
unbundled access, resale, collocation, number portability,
dialing parity, access to rights of way, access to data bases,
and directory assistance service. The parties 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 is a comprehensive set of terms and
conditions that will facilitate the entry of HCNH as a
competitive local exchange carrier (CLEC) in New Hampshire. The
parties agree to jointly engineer, plan and operate a diverse
transmission system with which they will interconnect their
respective networks. The Agreement specifies the designation of
interconnection points, provides for a joint grooming plan, and
provides for the physical interface of facilities.
The interoffice facilities are priced on an unbundled
basis to allow for use with other unbundled network elements,
thus creating numerous facilities-based and/or resale options to
HCNH in the provisioning of exchange and exchange access
services. The Agreement also includes detailed unbundling of
local outside plant and central office facilities that would
allow HCNH to provide digital and other high-tech services with
minimal future negotiating or "grooming" of the Agreement.
Prices in this filing are virtually the same as those in
previously approved non-cellular interconnection agreements for
the services/elements that are common. Staff points out that the
TAct does not require that a telecommunications company sell each
service/element for the same price or terms to each requesting
party. A CLEC can request the entire agreement of another CLEC
pursuant to section 252(i) of the TAct.
A Statement of Generally Available Terms (SGAT) was
filed by Bell Atlantic on July 11, 1997 and took effect October
20, 1997 per order 22,692 (August 25, 1997) subject to continued
review pursuant to section 252(f)(4) of the TAct. This allows
HCNH and other competitors to purchase services or unbundled
elements that may not be covered by their interconnection
agreement.
The Staff has recommended approval of the Agreement
between HCNH and Bell Atlantic based on a review of the petition,
the Agreement and verbal clarification provided by Bell Atlantic.
We have reviewed the filing and find it meets the
standards of section 252(e)(2)(A) of the TAct for approval of a
negotiated Agreement. The Agreement does not appear to be
discriminatory to any carrier not a party to the negotiations and
is consistent with the public interest, convenience, and
necessity. We will approve it on a nisi basis in order to
provide any interested party an opportunity to submit comments or
request a hearing pursuant to RSA 374:26.
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 HCNH 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 the Interconnection Agreement
negotiated between HCNH and Bell Atlantic is approved; and it is
FURTHER ORDERED, that HCNH will notify the Commission
within ten days of making their first facility-based commercial
call in any exchange that has not already been opened to a "fresh
look opportunity" as ordered in Docket DE 96-420. The
recommended method of notifying the Commission is to provide a
copy of the "Confirmation of Code Activation Form" which is used
to notify the North American Numbering Code Administrator.
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 29, 1999 and to be documented by affidavit filed with this
office on or before April 5, 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 April 15, 1999; and it
is
FURTHER ORDERED, that this Order Nisi shall be
effective April 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-second day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary