DT 99-009
CCCNH INC d/b/a CONNECT! & Bell Atlantic
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,187
April 5, 1999
On February 8, 1999 CCCNH Inc. d/b/a CONNECT!(CONNECT),
filed a petition requesting that the New Hampshire Public
Utilities Commission (Commission) enforce section 252(i) of the
Telecommunications Act of 1996 (TAct). Specifically, CONNECT
sought to execute an interconnection agreement (agreement) with
New England Telephone and Telegraph Company (Bell Atlantic) under
the same terms and conditions as those provided to Brooks-New
England Fiber Communications LLC (Brooks), and approved by Order
No. 22,753 on October 13, 1997.
In Docket DE 98-211 Sprint Communications filed a
petition on December 4, 1998 to elect an interconnection
agreement under section 252(i) similar to the CONNECT petition
in this docket. The Commission determined that efforts by Bell
Atlantic to modify an approved interconnection agreement
constituted negotiation of a new agreement. The Commission found
that refusal by Bell Atlantic to allow Sprint to adopt an
existing agreement in its entirety is a violation of section
252(i) of the TAct in this case. The FCC has decided that the
right to adopt an interconnection agreement should be limited to
a reasonable period of time to allow for changes that occur over
time such as prices and network configuration choices. The
reasonable time issue will be addressed in a future Commission
Docket and could change the allowable time for adoption of a
previously approved agreement in the future.
Nisi Order No. 23,111 was issued on January 25, 1999
directing Bell Atlantic to provide Sprint a signed adoption of
their requested agreement without modification, within seven days
of the March 1, 1999 effective date of the order. The order
further directed that Bell Atlantic provide a signed adoption of
any Commission approved interconnection agreement, without
modification, within sixty days after a written request from a
CLEC. In compliance with this order Bell Atlantic forwarded to
CONNECT, on March 4, 1999, the requested Brooks Agreement.
CONNECT and Bell Atlantic jointly filed with the
Commission on March 25, 1999 a negotiated interconnection
agreement. The agreement was filed for approval pursuant to
section 252(e) of the TAct. The agreement filed adopts the terms
and conditions of the interconnection agreement between Bell
Atlantic and Brooks which was approved by the Commission as
previously referenced.
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 CONNECT 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
Sprint 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 CONNECT 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, as demonstrated in this filing, 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
CONNECT 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 CONNECT 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 CONNECT 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 CONNECT and Bell Atlantic is approved; and it
is
FURTHER ORDERED, that CONNECT 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;
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
April 12, 1999 and to be documented by affidavit filed with this
office on or before April 19, 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 29, 1999; and it
is
FURTHER ORDERED, that this Order Nisi shall be
effective May 10, 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 fifth day of April, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary