DT 99-039
Bell Atlantic/HarvardNet Inc
Order Nisi Approving Interconnection Agreement
O R D E R N O. 23,188
April 5, 1999
On March 19, 1999, New England Telephone and Telegraph
Company (Bell Atlantic) and HarvardNet Inc (HNI) jointly filed
with the New Hampshire Public Utilities Commission (Commission) a
negotiated Interconnection Agreement (Agreement). The Agreement
was filed for approval pursuant to section 252(e) of the
Telecommunications Act of 1996 (TAct).
The agreement filed adopts the 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 initial
term of the agreement expires on July 16, 2000. Absent sixty
days notice from either party, the agreement remains in effect
beyond the initial term after which a ninety day notice is
required to terminate the agreement.
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 HNI 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
HNI 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 HNI 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 as demonstrated by
this filing.
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
HNI 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 HNI 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.
Based upon the foregoing, it is hereby
ORDERED NISI, that the Interconnection Agreement
negotiated between HNI and Bell Atlantic is approved; and it is
FURTHER ORDERED, that HNI 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
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