CHAPTER Puc 400 RULES FOR
TELEPHONE UTILITIES
Document #8348, effective 5-10-05,
readopted with amendments Puc 400 and repealed Puc 1300 on local telecommunications competition. The readoption with
amendments of Puc 400 did not include the Uniform
System of Accounts for Telecommunication Companies, which remained unchanged
and was exempt from RSA 541-A pursuant to RSA 374:8, II and RSA 541-A:21,
I(q). See the Revision Note at Puc 411.
Document # 8348 made extensive changes
to the wording, format, and numbering in Puc 400,
including incorporation of provisions from the former Puc
1300. Document # 8348 superseded all
prior filings for Puc 400 and Puc
1300. The filings of the Public
Utilities Commission affecting the former Puc 400
included the following documents:
|
#1828,
eff 10-12-81 |
#5616,
eff 4-20-93 |
|
#2011,
eff 5-4-82 |
#5795,
eff 2-28-94 |
|
#2059,
eff 6-22-82 |
#6245,
eff 5-14-96 |
|
#2125,
eff 8-19-92 |
#6381,
INTERIM, eff 11-27-96, EXPIRED: 3-27-97 |
|
#2549,
eff 12-26-83 |
#6512,
eff 5-21-97 |
|
#2601,
eff 1-24-84 |
#6527,
INTERIM, eff 6-25-97 |
|
#2912,
eff 11-26-84 |
#6591, eff
9-30-97 |
|
#4330,
eff 10-23-87 |
#6776, eff
6-24-98 |
|
#4341,
eff 11-24-87 |
#7200, eff
2-10-00 |
|
#4378,
eff 3-1-88 |
#7283, eff
5-23-00 |
|
#5000,
eff 11-26-90 |
#8255, eff
1-13-05 |
|
#5286,
eff 11-27-91 |
|
The filings of the Public Utilities
Commission affecting the former Puc 1300 included the
following documents:
#2534, eff 11-23-83
#6392, eff 12-4-96
#7283, eff 5-23-00
#7692, eff 5-25-02
#8213-A, INTERIM, eff 11-23-04
REVISION
NOTE #2:
Document # 10542, effective 3-12-14,
readopted with amendments Puc 400 and supersedes all
prior filings for Puc 400. Document # 10542 made extensive changes to
the wording, format, and numbering in Puc 400
formerly under Document #8348. The rules
in Document #8348, effective 5-10-05, did not expire on 5-10-13 but were
extended pursuant to RSA 541-A:14-a until superseded by the rules in Document
#10542, effective 3-12-14.
Document #10542 replaced Puc 414.01 titled “Uniform System of Accounts” in Document
#8348 with Puc 411.04 also titled “Uniform System of
Accounts”. Pursuant to RSA 374:8, II and
RSA 541-A:21, I(q), as amended effective 7-23-94 by 1994, 193:3 and 194:4, the
uniform system of accounts (USOA) for regulated utilities became exempt from
the rulemaking requirements of RSA 541-A.
The text of the USOA was not included either in Puc
414.01 in Document #8348 or in Puc 411.04 in Document
#10542 because the USOA is exempt from the publication requirement for rules in
RSA 541-A:15, I.
The Commission must still file in the
Office of Legislative Services a copy of all USOA rules adopted, amended, or
repealed under RSA 374:8. The text of
the USOA for telecommunication companies subject to Order No. 23,310 was last
filed in Document #6622, effective 8-8-94.
A copy of the USOA as referenced in Puc 411.04 may be obtained from the Commission at the
following address:
PART
Puc 401
PURPOSE AND APPLICATION
Puc
401.01 Purpose. The purpose of this chapter is to prescribe
rules and to establish standard procedures, general business rules, and
guidelines for telephone utilities in order to enable providers to comply with
relevant statutes and commission orders and to provide an opportunity for
telecommunications carriers, as defined under federal law, to register in New
Hampshire to obtain evidence of their rights and obligations under the
Communications Act of 1934, as amended.
Source. #8348, eff 5-10-05 (See Revision Note at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
401.02 Application.
(a)
Parts 401 through 409 of this chapter shall apply to all telephone
utilities except to the extent preempted by the Telecommunications Act of 1996.
Part 410 of this chapter shall apply to all ILECs except to the extent
preempted by the Telecommunications Act of 1996. Parts 411 through 412 of this chapter shall
apply to all ILECs not operating as ELECs except to the extent preempted by the
Telecommunications Act of 1996. Part 413 of this chapter shall apply to
telecommunications carriers as defined under the Communications Act of 1934, as
amended.
(b)
These rules do not apply to VoIP and IP enabled services pursuant to RSA
362:7, II or to Cellular Mobile Radio Communications pursuant to RSA 362:6.
(c)
In addition, the following commission rules shall apply to all telephone
utilities except to the extent preempted by the Telecommunications Act of 1996:
(1) Puc 102, relative
to definition of terms;
(2) Puc 200, procedural
rules;
(3) Puc 800,
underground utility damage protection program;
(4) Puc 1300, utility
pole attachments; and
(5) Puc 1600, tariffs.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 402
DEFINITIONS
Puc
402.01 “Accident notification roster”
means the ordered list of commission staff members to be contacted about
reportable accidents which is available on the commission web site.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
402.02 “Basic service” means basic
service as defined in RSA 374:22-p, 1(b), namely:
(a)
Safe and reliable single-party, single-line voice service;
(b)
The ability to receive all non-collect calls, at telephone lines capable
of receiving calls, without additional charge;
(c)
The ability to complete calls to any other telephone line, which is
capable of receiving calls, in the state;
(d)
The opportunity to presubscribe to interLATA
toll carriers;
(e)
The opportunity to presubscribe to intraLATA
toll carriers;
(f)
Dialing parity;
(g)
Number portability;
(h) Enhanced 911, pursuant to the
requirements of the department of safety bureau of emergency communications or
its successor agency;
(i) Access to statewide directory assistance;
(j)
Telecommunications relay service (TRS);
(k)
A published directory listing, at the customer’s election;
(l)
A caller identification blocking option, on a per-call basis;
(m)
A caller identification line blocking option that:
(1) Is available to all customers without a
recurring charge;
(2) Is provided upon customer request without
charge to customers who have elected non-published telephone numbers;
(3) Is available without a non-recurring charge
to customers who certify that Caller ID threatens their health or safety; and
(4) Is available without a non-recurring charge
when requested with installation of basic service;
(n)
A blocking option for pay-per-call calls, such as blocking all 900 or
all 976 calls;
(o)
The ability to report service problems to the customer’s basic service provider
on a 24-hour basis, 7 days a week; and
(p) “Automatic Number Identification
(ANI)” to other carriers which accurately identifies the telephone number of
the calling party.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.05) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.03 “Commission” means the
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.09) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.04 “Competitive Local Exchange Carrier
(CLEC)” means a carrier, and its successors and assigns, authorized by the
commission after July 23, 1995 to provide telephone service for the public in a
particular area within
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.11) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.05 “Competitive Toll Provider (CTP)”
means any carrier authorized to provide intraLATA
toll service, except for an ILEC that provides toll service exclusively to its
local service customers in
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.10) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.06 “Contact information” means:
(a)
Name;
(b)
Title;
(c)
Complete postal mailing address;
(d)
Telephone number; and
(e)
Email address.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 402.07 “Cyber attack” means a deliberate, unauthorized exploitation
of computer systems, technology-dependent enterprises and networks.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
402.08 “Dial tone” means an aural tone that
indicates to the telephone end-user that the handset is able to place a call.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
402.09 “Excepted Local Exchange Carrier
(ELEC)” means:
(a)
An incumbent local exchange carrier providing telephone services to
25,000 or more lines;
(b)
An incumbent local exchange carrier providing service to less than
25,000 lines that elects to be excepted, upon the filing with the commission of
a written notice advising of said election; or
(c)
Any provider of telecommunications relay services that is not an
incumbent local exchange carrier.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 402.10
“Incumbent local exchange carrier (ILEC)” means an entity, and its successors
and assigns, authorized under law or by the commission before July 23, 1995, to
provide telephone exchange service.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.23) (See Revision Note #2 at
chapter heading for Puc 400)
Puc 402.11
“Incumbent local exchange carrier operating as an excepted local exchange
carrier (ILEC–ELEC)” means an ILEC which also meets the definition of an ELEC.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 402.12
“Incumbent local exchange carrier not operating as an excepted local exchange
carrier (ILEC–NELEC)” means an ILEC which does not meet the definition of an
ELEC.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 402.13
“Payphone” means any telephone made available to the public on a fee-per-call
basis, independent of any other commercial transaction, for the purpose of
making telephone calls, whether the telephone is activated by depositing coins,
by calling collect, or by using a credit card.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.41) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.14 “Payphone Service Provider (PSP)”
means a person or entity that offers telephone service on a fee per call basis
with payment due at the time of the call, and that has been issued a
certificate of registration by the commission to provide payphone service.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.42) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.15 “Reportable accident” means an
accident occurring in
(a)
A fatality has occurred;
(b)
A serious injury has occurred;
(c)
Property damage over $100,000 has occurred, to the extent known by the
utility;
(d)
An electrical contact has occurred;
(e)
A state highway has been closed; or
(f)
Consequences of a magnitude or severity comparable to those described in
(a) through (e) above are involved.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.46) (See Revision Note #2 at
chapter heading for Puc 400)
Puc 402.16
“Rural Telephone Company (RTC)” means an ILEC meeting the definition of rural
telephone company under 47 U.S.C. § 153(44).
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 402.17
“Secretary of state certificate of authority” means the certificate of legal
existence, certificate of authority, or other certification issued by the
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.47) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.18 “Significant facility disruption”
means an outage of facilities owned, operated, leased or otherwise utilized by
a telephone utility that is at least 30 minutes in duration and that:
(a)
Potentially affects at least 900,000 user minutes;
(b)
Affects at least 1,350 DS3 minutes;
(c)
Potentially affects any special offices and facilities listed in 47
C.F.R. § 4.5(b); or
(d)
Potentially affects a 911 special facility as defined in 47 C.F.R.§
4.5(e).
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.49) (See Revision Note #2 at
chapter heading for Puc 400)
Puc 402.19
“Telecommunications relay service (TRS)” means a service that enables telephone
communication between hearing people and people who are deaf, hard of hearing
or speech impaired.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.54) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.20 “Telephone utility” means a
corporation, company, association, joint stock association, partnership and
person, their lessees, trustees or receivers appointed by any court owning,
operating or managing any plant or equipment or any part of the same for the
conveyance of telephone messages for the public, including incumbent local
exchange carriers, and excepted local exchange carriers.
Source. #8348, eff 5-10-05 (See Revision Note #1 at chapter heading for Puc
400); ss by #10542, eff 3-12-14 (See Revision Note #2 at chapter heading for Puc 400)
Puc 402.21
“Transfer of customer base” means the acquisition through a sale or transfer of
all or a part of the customer base of another carrier.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.57) (See Revision Note #2 at
chapter heading for Puc 400)
Puc
402.22 “Utility filing information”
means:
(a)
The utility’s legal name;
(b)
The utility’s telephone utility identification number, if one has been
provided by the commission;
(c)
Each trade name the utility uses with its customers;
(d)
The utility’s complete mailing address;
(e)
The utility’s telephone number;
(f)
The utility’s email address;
(g)
The utility’s web site address;
(h)
The utility’s federal employer identification number (FEIN);
(i) The printed name and title of the authorized
representative signing the form;
(j)
The current date; and
(k) Certification by signature that the
information on the form is true and correct to the best of the authorized
representative’s knowledge and belief, subject to the penalty for making
unsworn false statements under RSA 641:3.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
402.23 “Voice service” means the
conveyance of telephone messages for the public.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (from Puc 402.61) (See Revision Note #2 at
chapter heading for Puc 400)
PART
Puc 403
TELEPHONE UTILITY REQUIREMENTS
Puc
403.01 Purpose. The purpose of this part is to establish
requirements for all telephone utilities.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
403.02 Application. ILECs and ELECs shall comply with Puc 403 through 409.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
PART
Puc 404
TELEPHONE UTILITY REGULATORY REQUIREMENTS
Puc
404.01 Registration of Telephone
Utilities Previously Authorized as CLECs, CTPs, PSPs, or ILECs.
(a)
Each entity registered on the effective date of this rule as a CLEC
whose registered services include voice service shall become registered as an
ELEC authorized to provide voice service in the same area for which it was
authorized by the CLEC registration. Each such CLEC that has not previously
been issued a telephone utility identification number shall be provided with
one.
(b)
Each entity registered on the effective date of this rule as a CLEC
whose registered services do not include voice service shall be notified that
ELEC registration is not required for the provision of its services.
(c)
Each entity registered on the effective date of this rule as a CTP shall
become registered as an ELEC authorized to provide voice service in the same
area for which it was authorized by the CTP registration. Each such CTP that has not previously been
issued a telephone utility identification number shall be provided with one.
(d)
Each entity operating on the effective date of this rule as an ILEC
shall be authorized to provide voice service in its ILEC franchise area and
shall be provided with a telephone utility identification number.
(e)
Each entity registered on the effective date of this rule as a PSP shall
become registered as an ELEC authorized to provide pay telephone service in the
same area for which it was authorized by the PSP registration. Each such PSP
that has not previously been issued a telephone utility identification number
shall be provided with one.
(f)
Previous CLEC, CTP and PSP authorizations issued by the commission shall
expire 90 days after the effective date of these rules.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
404.02 Authorization Required to
Provide Voice Service.
(a)
No person or entity shall provide voice services in any area of
(b)
To apply for authorization to provide voice service a person or entity shall
file a completed Form T-8 Application for Registration to Provide Voice Service
as described in Puc 409.08.
(c)
If the applicant seeks to provide service in the territory of an RTC,
such RTC shall be provided an opportunity to propose to the commission that the
ELEC be required by the commission to meet the requirements of 47 U.S.C. §
253(f) regarding eligible telecommunications carrier qualifications before
providing such service. The commission
shall determine whether to impose such a requirement through an adjudicative
proceeding.
(d)
If an applicant seeking to provide service in the territory of an RTC
indicates in its petition that it will meet the requirements of 47 U.S.C. §
253(f) regarding eligible telecommunications carrier qualifications, then (c)
above shall not apply.
(e)
Unless the commission denies an application for ELEC registration
pursuant to Puc 404.03, the commission shall
authorize the applicant to provide voice service in the specified territory and
issue the applicant a telephone utility identification number if the applicant
was not previously assigned one. Such
authorization shall include any requirement imposed pursuant to (c) above.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.03 Denial of Registration. When determining whether to grant or deny an
application for registration pursuant to Puc 404.02,
the following provisions shall apply:
(a)
The commission shall deny an application for registration if, and only
if, it determines that the applicant or its general partners, corporate
officers, directors of the company, limited liability company managers or
officers:
(1) Have committed an act that would constitute
good cause to find a violation under these rules;
(2) Have, within the 10 years immediately prior to
registration, had any civil, criminal or regulatory sanctions or penalties
imposed against them pursuant to any state or federal consumer protection law
or regulation;
(3) Knowingly made a material false statement of
fact in the application; or
(4) Demonstrated on its application such flagrant
or repeated violations of the requirements to operate as a utility or a
competitive carrier in other state(s) that the commission determines that it is
not in the public good to allow registration; and
(b)
In the event that the commission denies an application for registration,
the applicant may, within 30 days, file a request for reconsideration.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.04 Assessment. Telephone utilities shall be assessed
pursuant to RSA 363-A.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc 404.05 Tariff for Wholesale Services.
(a)
Telephone utilities that offer wholesale services to other carriers
shall maintain a complete tariff of such services with the commission pursuant
to Puc 1600 for:
(1) Services required by 47 U.S.C. § 251 (c);
(2) Services referred to as tariffed in
interconnection agreements filed pursuant to 47 U.S.C. § 252; and
(3) Intrastate access service.
(b)
When a telephone utility’s intrastate access tariff is the same as its
interstate access tariff the interstate tariff may be filed pursuant to Puc 1600 as the intrastate tariff.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.06 Web Site.
(a)
Each ELEC and ILEC shall post the rates, fares, charges, prices, terms,
and conditions of all voice services on its publicly available website.
(b)
ILECs not operating as ELECs whose tariffs are published on the
commission’s website shall have met the requirement of (a) above.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.07 Accident Notifications.
(a)
Each ELEC and ILEC shall notify the commission immediately by telephone
when it becomes aware that a reportable accident has occurred in connection
with its facilities or property within the state of
(b)
The ELEC or ILEC shall contact the first representative listed for
telephone accident notifications on the accident notification roster, at the
telephone number provided, and, if that representative is unavailable, the ELEC
or ILEC shall work sequentially through the accident notification roster until
it speaks directly with one of the commission representatives listed therein.
(c)
If direct contact with a commission representative is not successful,
the ELEC or ILEC shall call the commission general telephone listing, provided
in the accident notification roster, and leave a voice mail message:
(1) Identifying the ELEC or ILEC and the name and
return telephone number of the individual attempting to report; and
(2) Stating that an accident requiring notification
has occurred.
(d)
The ELEC or ILEC shall provide the commission with the following
information as soon as direct contact is made with a commission representative:
(1) The name of the ELEC or ILEC;
(2) The name of the person making the report and
the telephone number at which such person can be reached;
(3) A brief description of the accident or event
and location;
(4) The time at which:
a. The accident or event occurred; and
b. The ELEC or ILEC was first notified of the
accident or event;
(5) A description of any fatalities, personal
injuries, and damages; and
(6) Any other information relevant to the cause
of the accident and the extent of the damages.
(e)
Direct contact required by (d) above is made when:
(1)
A commission representative answers a telephone call from the ELEC or ILEC
representative calling pursuant to (b) above; or
(2) A commission representative returns a call and
speaks directly with the ELEC’s or ILEC’s representative in response to (c)
above.
(f)
Notification of a reportable accident shall be deemed complete once the
information required in (d) above has been conveyed to a commission
representative.
(g) In addition to notifying the commission, an
ELEC or ILEC shall file Form T-3 Utility Accident Report as described in Puc 409.03, for each reportable accident within 10 business
days of the accident.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.08 Payphone Service.
(a)
Any payphone shall provide, without charge to the customer:
(1) A dial tone signal;
(2) 911 emergency access; and
(3) Access to TRS.
(b)
An ELEC or ILEC that maintains payphones shall allow and assist the
commission when it shall, from time to time, inspect the payphones it maintains
and the manner in which each such ELEC or ILEC has conformed to statutes,
rules, and orders applicable to payphones.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.09 TRS.
(a)
ELECs and ILECs shall provide, directly or indirectly,
telecommunications relay services pursuant to 47 C.F.R. § 64.603.
(b)
ELECs providing local service and ILECs shall remit the required TRS
charges per customer ordered by the commission, on or before the 20th day of
each month, to the TRS trustee account designated by the commission.
(c)
ELECs and ILECs shall provide the
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.10 E911.
(a)
ELECs providing local service and ILECs shall make available the
universal emergency telephone number 911 pursuant to the requirements of the
department of safety bureau of emergency communications or its successor
agency.
(b)
ELECs providing local service and ILECs shall collect the E911 surcharge
required by RSA 106-H:9 in the amount ordered by the commission.
(c)
ELECs and ILECs shall remit monthly the amount collected pursuant to (b)
above to:
Department
of Safety Bureau of Emergency Communications
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
404.11 General Preservation and
Availability of Records.
(a)
ELECs and ILECs shall preserve all records required by Puc 200, 400, and 1600 for a period of 2 years unless
otherwise designated by the commission’s rules governing the preservation of
records.
(b)
ELECs and ILECs shall make available the records required to be
preserved pursuant to (a) above to the commission, or its designated
representative, for examination during the telephone utility’s normal business
hours.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
PART
Puc 405
CONSUMER PROTECTION
Puc
405.01 Notices to Customers.
(a)
Unless otherwise specified, any notice to customers required by these
rules shall:
(1) Include the company name and relevant contact
telephone number;
(2) Be provided:
a. In a separate mailing;
b. As a bill insert; or
c. By clear and conspicuous notice printed on
the customer’s bill; and
(3) Be sent separately from communications that
would otherwise include only promotional materials.
(b)
Notices pursuant to this section may be delivered electronically to
those customers who have elected to receive bills and notices electronically.
(c)
Electronic delivery pursuant to (b) above shall not include posting a
notice on a publicly available website without direct notification to the
customer pursuant to this section.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.02 Slamming Prohibited.
(a)
ELECs and ILECs shall comply with RSA 374:28-a and FCC slamming
regulations, 47 C.F.R. § 64.1100-1170 and 1190.
(b)
If, after notice and opportunity for hearing, the commission finds that
an ELEC or ILEC has switched a customer’s selection of carrier without
authorization, the ELEC or ILEC shall be subject to an administrative fine, not
to exceed $2,000 per offense, pursuant to RSA 374:28-a, II.
(c)
After notice and opportunity for hearing, the commission shall withdraw
any authorization granted to an ELEC or ILEC found to have engaged in flagrant
and repeated slamming in violation of RSA 374:28-a.
(d)
A transfer of customer base pursuant to Puc
405.03 shall not constitute slamming.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.03 Transfers of Customer Base.
(a)
In connection with any transfer of customer base in which the acquiring
carrier is a telephone utility, the acquiring carrier shall file with the
commission the following documents:
(1)
A copy of the letter notification and any subsequent notices of changed
information submitted to the FCC pursuant to 47 C.F.R. § 64.1120(e), to be
filed at the same time of submission to the FCC; and
(2) Form T-4 Transfer of Customer Base Report as
described in Puc 409.04, to be filed 30 days prior to
the occurrence of the transfer of customer base.
(b)
In connection with any transfer of customer base in which the acquiring
carrier is not a telephone utility, the selling or transferring carrier shall
file with the commission the following documents:
(1)
A copy of the letter notification and any subsequent notices of changed
information submitted by the acquiring carrier to the FCC pursuant to 47 C.F.R.
§ 64.1120(e), to be filed within 3 days of submission to the FCC; and
(2) Form T-4 Transfer of Customer Base Report as
described in Puc 409.04, to be filed 30 days prior to
the occurrence of the transfer of customer base.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.04 Cramming Prohibited.
(a)
For purposes of this section:
(1) “Cramming” means a submission or inclusion of
unauthorized, misleading, or deceptive charges for products or services on a
customer's utility bill. Cramming does not include charges required or
explicitly authorized by law;
(2) “Billing aggregator” means a person, other
than a service provider, who forwards a charge for a product or service offered
by a service provider to the utility company for billing to the customer; and
(3) “Service provider” means a person that offers
a product or service to a customer and directly or indirectly sends the
billable charges or credits to the utility company for billing to the customer.
(b)
Telephone utilities shall not disconnect voice service based on a
customer’s failure to pay disputed charges from billing aggregators or service
providers.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.05 Number Portability Notice. Before terminating any customer’s telephone
service for any reason other than customer request or customer non-payment of
amounts billed for prior services rendered, ELECs providing local service and
ILECs shall provide at least10 days’ notice to the customer. This notice shall include a description of
the process by which the customer may transfer the telephone number to another
provider.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.06 Complaints. The commission shall accept and resolve
complaints from telephone utility customers regarding alleged violations of the
requirements of Puc 405.01 through 405.05.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
405.07 Public Interest Payphones.
(a)
For purposes of this section:
(1) “Location provider” means the property owner
on whose property a payphone is situated;
(2) “Public interest payphone (PIP)” means a
payphone or payphone site which the commission has determined to be necessary
in the interest of health, safety and welfare, where there would not otherwise
be a payphone, in accordance with 47 U.S.C. §276(b)(2); and
(3) “Sent-paid” means paid by depositing coins in
the payphone.
(b)
A payphone shall be designated as a PIP when the commission finds that
the payphone meets all of criteria listed in (c) below, unless the commission
grants a waiver of any criterion pursuant to (e) below.
(c)
The criteria for designating a payphone as a PIP are:
(1) The proposed PIP fulfills a public welfare,
health or safety, policy objective;
(2) The proposed PIP would not otherwise remain
or be placed at its location by the operation of the competitive marketplace;
(3) The proposed PIP is a single, stand-alone
payphone and not one of a bank of payphones;
(4) The proposed PIP is not a coinless payphone;
(5) The proposed PIP accepts incoming, sent-paid
phone calls;
(6) The proposed PIP is physically accessible to
the general public 24 hours per day, unless extraordinary circumstances exist;
(7) The proposed PIP is located no less than 750
feet away from any other payphone, as measured along the route of ordinary
pedestrian travel; and
(8) The proposed PIP provides zero compensation
to the location provider or payphone lessee, whether such compensation is
related to its placement or its revenues.
(d)
For the purpose of (c)(7) above, any
other payphone shall exclude a payphone located within a business
establishment, unless that payphone is physically accessible to the public
during the regular operating hours of that business establishment.
(e)
Any person seeking waiver of any of the criteria listed in (c) above,
shall file a petition with the commission demonstrating extraordinary circumstances,
pursuant to Puc 201.05.
(f)
The following entities, provided they do not currently have a signed
contract with an ELEC for the provision of any payphone, may file a petition
for PIP designation:
(1) A private individual;
(2) A private group; or
(3) A federal, state, or local government agency.
(g)
A petition for PIP designation shall:
(1) Identify the exact location desired for the
PIP, described by reference to existing landmarks in feet and inches;
(2) State that the petitioner has no contract
with any ELEC for payphone service;
(3) State the public welfare, health or safety
policy objective which the proposed PIP will fulfill;
(4) State the name and telephone number of the
location provider where the proposed PIP is to be located;
(5) Indicate whether the location provider has
consented to the placement of the PIP;
(6) State that the location provider has no
contract with any ELEC providing phone service;
(7) Explain how the proposed PIP meets each of
the criteria listed in (c) above; and
(8) State whether a waiver of any of the criteria
is requested and provide support for any waiver so requested.
(h)
Upon receipt of a petition for PIP designation, the commission shall
commence an investigation to determine whether the proposed PIP meets the
criteria listed in (c) above.
(i) Notwithstanding whether the location for the
proposed PIP meets the requirements in (c) above, the commission shall not
designate a payphone as a PIP if:
(1) The petitioner indicates, pursuant to (g)(5)
above, that the location provider does not consent to the placement of the
proposed PIP; or
(2) The location provider objects to the petition
in writing prior to the designation of the PIP.
(j)
The commission’s staff shall submit a detailed report of its
investigation and conclusions to:
(1) The commission;
(2) The petitioner;
(3) The office of the consumer advocate; and
(4) The location provider.
(k)
After reviewing the commission staff’s report, the commission shall
either:
(1) Determine that the proposed site meets the
criteria and issue an order designating the payphone as a PIP; or
(2) Determine that the proposed site does not
meet the criteria and notify the petitioner and any parties of the reasons for
the negative conclusion.
(l)
The persons notified pursuant to (k) above shall have 30 days from the
date of notification to:
(1) Rectify any deficiencies identified by the
commission; or
(2) Request a public hearing on the issues.
(m)
A request for public hearing, made pursuant to (l)(2) above, shall
identify the issues, including but not limited to:
(1) Requests for waivers of any listed criteria,
if any; and
(2) Objections to the commission staff’s report,
if any.
(n)
The commission shall grant the request for public hearing and provide
notice of same by publication of an order published
in a newspaper of local circulation in the affected geographic area.
(o)
If, based on the evidence presented at hearing, the commission
determines that the proposed site meets the criteria or that a waiver of the
criteria is warranted, it shall issue an order designating the payphone as a
PIP.
(p)
The commission shall compensate ELECs for providing PIPs from the fund
created by RSA 374:22-q, I.
(q)
Upon receipt of a request from the location provider to remove a PIP,
the commission shall remove the PIP designation immediately, whereupon:
(1) The ELEC operator of the PIP shall provide
clear and conspicuous notice of the change in designation on the PIP itself;
and
(2) Such notice shall include the toll-free
number of the commission's consumer affairs division and the commission's web
site address.
(r)
Subsequent to the designation of a PIP, any party may petition, or the
commission may initiate a proceeding, for the removal of the PIP designation of
any payphone, pursuant to the following process:
(1) A petition for removal shall detail the
reasons the PIP no longer meets the criteria listed in (c) above;
(2) The petitioner for removal shall send a copy
of the petition to the original petitioner for the PIP designation;
(3) The commission shall serve the order of
notice upon the petitioner and all parties to the original PIP designation
case;
(4) The petitioner for removal shall publish the
order of notice pursuant to Puc 203.01, but shall
publish the notice in the form of an advertisement rather than as a legal
notice; and
(5) Prior to the public hearing, the commission’s
staff shall conduct an investigation and submit a report pursuant to the
process described in (h) above.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 406
TELEPHONE UTILITY EQUIPMENT AND FACILITIES
Puc
406.01 Construction, Installation and
Maintenance of Physical Plant.
(a)
Telephone utilities shall construct, install and maintain their plant,
structures, equipment, and lines in accordance with the National Electrical
Safety Code, 2012 edition, see Appendix B.
(b)
Telephone utilities shall construct, install and maintain their plant,
structures, equipment, and lines to prevent interference with service furnished
by other carriers and by other public service facilities, such as cable, fire
alarm, electric, water, sewer, gas, or steam facilities.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
406.02 Emergency Operations. ELECs and ILECs shall adopt generally
accepted best industry practices or otherwise make reasonable provisions to:
(a)
Meet emergencies and storm restoration requirements for poles, conduits,
ducts, pipes, pole attachments, wires, cables, and related plant and equipment
located within public rights-of-way and on, over, or under state lands and
water bodies;
(b)
Ensure that their facilities remain safe and adequate in the event of cyber attacks;
(c)
Ensure that their facilities remain safe and adequate under emergency
circumstances and other foreseeable adverse conditions; and
(d)
Conform with federal regulations regarding disaster preparedness.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
406.03 Significant Facility
Disruption.
(a) ELECs and ILECs shall report
significant facility disruptions by e-mail notification to TelOutages@puc.nh.gov
within 120 minutes of occurrence.
(b)
The e-mail notification sent pursuant to (a) above shall accept reply
messages from the commission.
(c)
In the event the ELEC or ILEC does not receive confirmation of receipt
of the e-mail from the commission, it shall place a call to the commission’s
main number to report the significant facility disruption.
(d)
ELECs and ILECs shall report significant facility disruptions in writing
to the commission on Form T-5 Facility Disruption Report as described in Puc 409.05, which shall be filed within 10 days of the
disruption.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 407 ELEC
AND ILEC INTERCARRIER OBLIGATIONS
Puc
407.01 Intercompany Cooperation. ELECs and ILECs shall cooperate with all
carriers to ensure a ubiquitous telephone network in
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
407.02 Provision of Interconnection. ELECs and ILECs shall interconnect directly
or indirectly with the facilities and equipment of other carriers.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
407.03 Network Changes. At least 6 months prior to network changes
which might affect existing or pending interconnections, ELECs and ILECs shall
make available necessary information relating to network design and technical
standards, and information concerning changes to the network that affect
interconnection.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
407.04 Switching and Signaling
Obligations.
(a)
ELECs and ILECs shall provide answer and disconnect supervision in
accordance with industry standards.
(b)
ELECs and ILECs shall deliver to their customers all calls unless
screened or blocked at the customer’s request.
(c)
ELECs and ILECs shall provide access to operator services pursuant to
the Telecommunications Act of 1996.
(d)
ELECs and ILECs shall provide reasonable access to all signaling
information pursuant to industry protocols.
(e)
ELECs and ILECs shall not interfere with the transmission of signaling
information.
(f)
ELECs and ILECs shall communicate, on a demand and preventative basis,
information regarding maintenance necessary to ensure successful call
completion.
Source. #8348, eff 5-10-05 (See Revision Note #1 at chapter
heading for Puc 400); ss by #10542, eff 3-12-14 (See
Revision Note #2 at chapter heading for Puc 400)
Puc
407.05 Carrier to Carrier Migrations.
(a)
ELECs and ILECs shall accept and respond to requests for customer
information, service and feature information, and migration and installation
orders without regard to whether the service is being resold or migrated.
(b)
When migrating end users, ELECs and ILECs shall work together in good
faith with other carriers to minimize or avoid any problems, including, but not
limited to, service interruptions and billing problems.
(c)
When porting a customer’s number to another carrier, ELECs and ILECs
shall release the number without delay or consideration of any issue such as
the customer’s account balance.
(d)
ELECs and ILECs that have implemented a long-term database number
portability method pursuant to 47 C.F.R. § 52.23 shall port a customer’s number
to another carrier in accordance with 47 C.F.R. §52.35.
(e)
ELECs and ILECs shall not market to retain a customer as the result of
receiving a request for a customer service record.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
407.06 Directories.
(a)
If a carrier wishes to list its customers’ telephone numbers in the same
published white and yellow pages telephone directory or directories in which an
ELEC or ILEC causes its own customers’ telephone numbers to be published, the
ELEC or ILEC shall permit such listing on a non-discriminatory access basis.
(b)
ELECs and ILECs shall provide publishers and any other person or
business with reasonable, nondiscriminatory access to subscriber listing
information for the purpose of publishing telephone directories or providing
directory assistance, and all such information shall be provided at reasonable
rates and subject to reasonable terms and conditions.
(c)
ELECs and ILECs shall not publish or list numbers for which other ELECs
or ILECs request non-directory listed or non-published status.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 408 ELEC
AND ILEC COMMON REPORTS AND FILINGS
Part Puc
408.01 Due Annually.
(a)
Form T-1 Contact and Trade Name Information described in Puc 409.01 shall be due on or before March 31 of each year,
and shall cover the most recent fiscal year.
(b)
Form T-2 Assessment Report described in Puc
409.02 shall be due on or before March 31 of each year, and shall cover the
most recent fiscal year.
(c)
If the ELEC or ILEC operated any payphones during the previous year, it
shall file Form T-6 Payphone Location Report described in Puc
409.06, on or before March 31 of each year, covering the most recent fiscal
year.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 408.02 Event-Driven. ELECs and ILECs shall file the following
reports with the commission within 30 days of the event that necessitates the
filing, unless otherwise specified:
(a)
A Form T-1 Contact and Trade Name Information as described in Puc 409.01, on the occurrence of any change in the
information on the ELEC’s or ILEC’s most recently filed T-1;
(b)
A Form T-3 Utility Accident Report as described in Puc
409.03, on the occurrence of a reportable accident pursuant to Puc 404.07(g);
(c)
A Form T-4 Transfer of Customer Base Report as described in Puc 409.04, 30 days prior to the occurrence of a transfer
of customer base;
(d)
A Form T-5 Facility Disruption Report as described in Puc 409.05, on the occurrence of a significant facility
disruption, pursuant to Puc 406.03(d);
(e)
A Form T-7 Exchange Eligibility Report as described in Puc 409.07, when becoming eligible to provide service in an
exchange; and
(f)
A Form T-8 Application for Registration to Provide Voice Service as
described in Puc 409.08 prior to offering such
service in an area in which the applicant is not yet authorized.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
408.03 Submitting Reports and Forms.
ELECs and ILECs shall submit all reports
and forms to the commission by the following methods:
(a)
Mail or other delivery to:
(b)
Electronic report filing as the commission shall provide on the
commission website pursuant to Puc 202.05(b).
(c)
ELECs and ILECs making an electronic filing pursuant to (b) above shall
comply with Puc 202.06 regarding filing requirements.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
408.04 Confidential Treatment. ELECs and ILECs which seek confidential
treatment of any report or any portion of a report required by this section
shall comply with the applicable provisions of Puc
201.04, Puc 201.06, Puc
201.07 and Puc 203.08.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 409 ELEC
AND ILEC COMMON FORMS
Puc
409.01 Form T-1 Contact and Trade
Name Information. The “Contact and
Trade Name Information” form required by Puc
408.01(a), Puc 408.02(a), Puc
409.04(e), and Puc 409.08(h), shall include:
(a)
Utility filing information;
(b)
The toll-free number and email
address for customer service;
(c)
The toll-free number and email
address for repair service;
(d)
The hours of operation for customer service and repair service;
(e)
An indication of whether the ELEC or ILEC wishes to receive reports and
reminders via email;
(f)
The names and titles of the principal officers of the ELEC or ILEC;
(g)
Contact information for the person responsible for regulatory matters;
(h) Contact information for the person
that the commission’s consumer affairs division shall call regarding consumer
complaints from customers;
(i) Contact information for the director of the
customer service department;
(j)
Contact information for the officer responsible for customer service;
and
(k)
Contact information for the person responsible for paying assessment
bills.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
409.02 Form T-2 Assessment Report. The “Assessment Report” required by Puc 408.01(b), shall include:
(a)
Utility filing information;
(b)
The gross utility revenue received during the period;
(c)
The number of
(d)
A sworn and notarized attestation that states that the report is
complete, true and accurate.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.03 Form T-3 Utility Accident
Report. The “Utility Accident
Report” required by Puc 408.02(b), shall include:
(a)
Utility filing information;
(b)
Date of the report;
(c)
Information regarding each reportable accident for the period, to
include:
(1) The date of the accident;
(2) The location of the accident;
(3) A description of the extent of any property
damage;
(4) A description of the extent of any injuries;
(5) The name of any injured person;
(6) An indication of whether any injury was
fatal;
(7) An indication of whether the accident involved
electric contact; and
(8) Location information for any poles involved
in the accident.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.04 Form T-4 Transfer of Customer
Base Report. The “Transfer of
Customer Base Report” form required by Puc 405.03
shall include:
(a)
Utility filing information for the selling or transferring company;
(b)
Utility filing information for the acquiring company;
(c)
The number of
(d)
The effective date of the transfer; and
(e)
An attached Form T-1 Contact and Trade Name Information, for the
acquiring company, if the acquiring company is a telephone utility, as
specified in Puc 409.01.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.05 Form T-5 Facility Disruption
Report. The “Facility Disruption Report”
required by Puc 406.03(d), shall include:
(a)
Utility filing information;
(b)
The date of the report;
(c)
The date and time of the outage;
(d)
The location of the outage;
(e)
Whether an entire exchange was affected, to the best knowledge of the
ELEC or ILEC;
(f)
The number of affected access lines;
(g)
The cause of the outage;
(h)
The date and time service was restored;
(i) The name of the person contacted at the commission;
and
(j)
The date and time the commission was contacted.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.06 Form T-6 Payphone Location
Report. The “Payphone Location
Report” required by Puc 408.01(c), shall include:
(a)
Utility filing information for the payphone owner;
(b)
For each payphone the ELEC or ILEC has in service:
(1) Telephone number;
(2) Name of location;
(3) Street address;
(4) City or town and zip code;
(5) An indication of whether the payphone is
located within 750 feet of another payphone; and
(6) An indication of whether the phone accepts
coins; and
(c)
For each payphone the ELEC or ILEC has removed from service since filing
the previous report:
(1) Telephone number;
(2) Name of location;
(3) Street address;
(4) City or town and zip code;
(5) An indication of whether the payphone is
located within 750 feet of another payphone; and
(6) An indication of whether the phone accepts
coins.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.07 Form T-7 Exchange Eligibility
Report. The “Exchange Eligibility
Report” required by Puc 408.02(e), shall include:
(a)
Utility filing information;
(b)
A table listing each exchange for which the ELEC has become eligible to
provide service which shall include:
(1) The exchange name, as used by the ILEC
serving that exchange;
(2) Whether the ELEC has a collocation arrangement
with the ILEC serving that exchange; and
(3) If the answer to (2) is ‘No’:
a. The number of ELEC customers in the exchange
served by an ELEC-owned copper or coaxial loop;
b. The number of ELEC customers in the exchange
served by an ELEC-owned fiber loop;
c. The number of ELEC customers in the exchange
served by an enhanced extended loop (EEL); and
d. Information including name, address, and
telephone number for at least one customer.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
409.08 Form T-8 Application for
Registration to Provide Voice Service.
The “Application for Registration to Provide Voice Service” required by Puc 408.02(f), shall include:
(a)
Utility filing information;
(b)
Responses to:
(1) Whether the applicant, or any of the general
partners, corporate officers, directors of the company, limited liability company
managers or officers has ever been convicted of any felony that has not been
annulled by a court;
(2) Whether the applicant, or any of the general partners,
corporate officers, directors of the company, limited liability company
managers or officers have had any civil, criminal or regulatory sanctions or
penalties imposed against them pursuant to any state or federal consumer
protection law or regulation within the past 10 years;
(3) Whether the applicant, or any of the general
partners, corporate officers, directors of the company, limited liability
company managers or officers have settled any civil, criminal or regulatory
investigations or complaints within the past 10 years;
(4) Whether the applicant, or any of the general
partners, corporate officers, directors of the company, limited liability
company managers or officers is currently the subject of any pending civil,
criminal or regulatory investigation or complaint involving any state or
federal consumer protection law or regulation; and
(5) Whether the applicant, or any of the general
partners, corporate officers, directors of the company, limited liability
company managers or officers has been denied registration or authorization, or
had registration or authorization revoked, in any other state or jurisdiction;
(c)
If an affirmative answer is given to any item in (b) above, the
applicant shall provide an explanation of the event and the relevant states or
jurisdictions;
(d)
The applicant shall list one to three services the applicant will offer
in
(e)
The applicant shall identify its proposed service area;
(f)
The applicant shall attest to the following statements:
(1) The applicant agrees to comply with, and
shall operate in accordance with, all provisions and requirements of all
applicable statutes, rules and orders; and
(2)
The applicant has the necessary managerial qualifications, technical
competence, and financial resources for which it is applying;
(g)
The applicant shall attach a copy of the company’s secretary of state
certificate of authority;
(h)
The applicant shall attach a completed Form T-1 Contact and Trade Name
Information; and
(i) The applicant shall include a sworn and
notarized attestation that states that the application and its attachments are complete,
true and accurate, and fairly represent the applicant and its qualifications.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
PART
Puc 410
INCUMBENT LOCAL EXCHANGE CARRIERS (ILECs)
Puc
410.01 Purpose. The purpose of this part is to establish
additional requirements for all incumbent local exchange carriers.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
410.02 Application. ILECs shall comply with Puc
410.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
410.03 Basic Service.
(a)
An ILEC shall not require a customer to purchase or subscribe to any
other service, feature or product, whether separate from or in combination with
basic service, or on an unbundled or bundled basis with basic service, in order
to obtain basic service offered by the ILEC.
This rule shall not preclude an ILEC from charging a customer
construction costs or other non-recurring costs on a non-discriminatory basis
that would not discourage the customer from selecting residential basic
service.
(b)
An ILEC shall not require an existing or prospective basic service
customer to waive, release or otherwise relinquish any rights or remedies under
the Puc 400 rules or the statutes implemented by
these rules, including, but not limited to, the right to submit a complaint to
the commission pursuant to Puc 410.05.
(c)
An ILEC shall not impose exit fees on a customer who cancels basic
service.
(d)
An ILEC–ELEC shall change its rates for basic service only through the
following process:
(1) After August 10, 2020, the ILEC–ELEC
may increase its rates to any level without commission review or approval;
(2) Without commission review or approval, the ILEC–ELEC
shall limit increases to its rates for basic service subject to the following cap
in each 12-month period beginning August 10, 2012 or the effective date of an
existing alternative plan of regulation approved by the commission, pursuant to
RSA 374:22-p, VIII (b):
a. For customers who are enrolled in the
Lifeline Telephone Assistance program, the cap is 5%; and
b. For all other customers, the cap is 10%; and
(3) The ILEC–ELEC shall seek commission approval
for additional rate increases in the event of changes in federal, state, or local government
taxes, mandates, rules, regulation, or statutes.
(e)
Any ILEC proposing to change its basic service coverage area shall
comply with the following provisions:
(1) An ILEC which seeks to
change geographic boundaries or other policies that would change the geographic
area which can be reached using a local call, shall petition the commission for
review and approval of the change;
(2) Such petition may include a
proposed rate adjustment to reflect the change in coverage; and
(f)
The commission shall approve the proposal described in the petition
filed pursuant to (e) if the proposed change:
(1) Results in service
comparable to or superior to the basic service offered on August 10, 2012; and
(2) Does not effectively increase the price of
basic service by more than the rate cap pursuant to (d) above.
(g)
An ILEC that is unable to provide basic service to a current or
prospective customer upon application therefor shall comply with the following
provisions:
(1) An ILEC shall keep a record as to each
instance in which it is not able to supply basic service to prospective
customers within 10 days following the customer’s application for service;
(2) The record required by (g)(1) above shall be
provided to the commission on request; and
(3) The record shall include:
a. The name, address, and telephone number of
each applicant who was not provided service within 10 days;
b. The date of application for service;
c. The class of service applied for; and
d. The reason the ILEC was unable to provide
service within 10 days of the customer’s application.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc 410.04 ILEC Discontinuations of Basic Service.
(a)
An ILEC shall not discontinue residential basic service in any portion
of its franchise area without commission authorization.
(b)
For purposes of this section, “discontinue” means:
(1)
Charging discriminatory construction costs or other non-recurring costs that
would discourage a customer from selecting residential basic service;
(2) Imposing discriminatory deposit requirements
for residential basic service; or
(3) Systematic disconnection of residential basic
service.
(c)
If an ILEC has received notification within the past 60 days from a
licensed physician or mental health professional that a medical emergency
exists at a customer’s location, or would result from the discontinuation of
residential basic service to such location, the ILEC shall not discontinue
service to such customer without commission authorization, unless the customer
has failed to enter into or comply with an arrangement for repayment of any
outstanding balance.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc 410.05 Complaints
Regarding Basic Service. The
commission shall accept and resolve complaints from ILEC customers regarding basic
service.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
410.06 Interconnection Requirements. ILECs that are not exempt pursuant to 47
U.S.C. § 251(f) shall:
(a)
Maintain a tariff for the following:
(1) Interconnection services;
(2) Unbundled network elements;
(3) Collocation; and
(4) Resale;
(b)
Identify services available for resale in such tariff; and
(c) Provide non-discriminatory
interconnection at technically feasible points within the ILEC’s network,
including, at a minimum:
(1) The line-side of a local switch;
(2) The trunk-side of a local switch;
(3) The trunk interconnection points for a tandem
switch;
(4) Central office cross-connect points;
(5) Out-of-band-signaling transfer points
necessary to exchange traffic at these points and access call-related
databases; and
(6) Points of access to unbundled network
elements;
(d)
Not require collocation to achieve interconnection;
(e)
Provide interconnection that has a level of quality that is equal to
that which the ILEC provides itself;
(f)
Provide interconnection on terms and conditions that are
nondiscriminatory and no less favorable than the terms and conditions the ILEC
provides to itself;
(g) Provide citations to necessary
technical references to carriers who interconnect or seek to interconnect;
(h)
Not charge a carrier for the cost and timely correction of violations of
the National Electrical Safety Code that are not the direct result of a
carrier’s request to access poles, ducts, conduits or rights of way; and
(i) When reaching an agreement for
interconnection services, or network elements pursuant to the
Telecommunications Act of 1996, file the agreement with the commission within
30 days of execution.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
Puc
410.07 Denial of Interconnection
Requests.
(a)
A carrier may submit a request for interconnection at a technically
feasible point not listed in Puc 410.06 (c).
(b)
A carrier whose request for interconnection at a point not listed in Puc 410.06 (c) is denied by an ILEC shall be permitted to
petition the commission for a hearing as to whether the denial should be
reversed.
(c)
The commission shall reverse an ILEC’s denial of a carrier’s request for
interconnection at a point not listed in Puc 410.06 (c)
unless the ILEC proves that interconnection at that point is not technically
feasible.
(d) Previous successful
interconnection at the particular point using particular facilities, or at
substantially similar points in networks employing substantially similar
facilities, shall constitute substantial evidence of technical feasibility for
interconnection at a particular point.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
PART Puc 411 ADDITIONAL
REQUIREMENTS APPLICABLE TO ILECS NOT OPERATING AS ELECS
Puc
411.01 Purpose. The purpose of the rules in this part is to
establish additional requirements for ILEC–NELECs.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.02 Application. ILEC–NELECs shall comply with Puc 411 through 412.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.03 Retail Tariff. An ILEC–NELEC shall maintain a tariff
covering all regulated retail services.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.04 Uniform System of Accounts.
Each ILEC–NELEC shall maintain and preserve its accounts and records in
conformity with the “Uniform System of Accounts for Telecommunications
Companies,” pursuant to RSA 374:8.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.05 Short Term Debt. No ILEC–NELEC shall issue or renew any notes,
bonds or other evidence of indebtedness payable less than 12 months after the
date thereof if said short term debt exceeds 10% of the net depreciated value
of the utility’s plant.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.06 Depreciation. An ILEC–NELEC shall file Form ILEC-4 Report
of Proposed Changes in Depreciation Rates as described in Puc
412.04, when proposing any changes in depreciation rates.
(a)
An ILEC–NELEC shall not implement any change in depreciation rates until
the proposed change has been approved by the commission.
(b)
An ILEC-NELEC shall not implement any change in depreciation rates until
the proposed change has been approved by the commission.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.07 Rate Case. In addition to the requirements contained in Puc 1600, an ILEC-NELEC filing a general increase in rates
shall include in its filing, schedules for the 2 years preceding such filing,
in a format comparable to that filed in the most current annual report which
included:
(a)
The following schedules of information:
(1) A list of officers;
(2) A list of directors;
(3) A list of shareholders and voting powers,
including:
a. Number of shares; and
b. Voting powers;
(4) Payment to individuals; and
(5) Management fees and expenses;
(b)
The following schedules supporting balance sheet information:
(1) An analysis of telecommunications plant
accounts;
(2) An analysis of telecommunications plant-in
service retired;
(3) An analysis of entries in property held for
future telecommunications use;
(4) An analysis of capital leases;
(5) An analysis of telecommunications plant
acquired;
(6) An analysis of telecommunications plant
purchased from or sold to affiliates;
(7) An analysis of entries in accumulated
depreciation by plant account;
(8) An analysis of entries in accumulated
amortization, for accounts 3410, 3420, 3500, and 3600;
(9) A schedule of receivables and investments
with affiliated and nonaffiliated companies;
(10) Other prepayment balances;
(11) Other current asset balances;
(12) A schedule of sinking funds;
(13) Non-current assets;
(14) Deferred charges;
(15) Unamortized debt issuance expense;
(16) Long-term debt;
(17) Notes payable;
(18) Accounts payable;
(19) Other long term liabilities;
(20) Other deferred credits;
(21) Net deferred operating income taxes;
(22) Net deferred non-operating income taxes;
(23) Retained earnings;
(24) Dividends declared; and
(25) Capital stock - accounts 4510.1, 4510.2,
4520, 4530.1, 4530.2;
(c)
The following schedules supporting income statement information:
(1) Customer and corporate operations expenses – accounts
6610 and 6620 and Corporate Operations Expense – accounts 6710 and 6720;
(2) Other operating taxes - account 7240;
(3) Prepaid taxes and tax - accounts 1300, 4070,
and 4080;
(4) Non-operating taxes;
(5) Extraordinary items - accounts 7610, 7620,
7630, and 7640;
(6) Non-operating income and expense – account
7300;
(7) Other operating income and expenses – account
7100;
(8) Advertising and external relations;
(9) Payments of $10,000 or more for services
received from affiliates;
(10) Membership fees and dues; and
(11) Donations or payments of $5,000 or more to
persons other than employees; and
(d)
Attestations, by the company’s president or chief officer and treasurer
that the information contained in the schedules required in (a), (b) and (c)
above:
(1) Has been prepared under my direction;
(2) The information has been carefully examined
and reviewed by me;
(3) Is accurate to the best of my knowledge; and
(4) Provides an accurate statement of the
position of the company;
(5) Signatures of each individual, referred to;
and
(6) Printed names and titles of the individuals.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.08 Annual Report. An ILEC–NELEC shall file Form ILEC-1
Annual Report as described in Puc 412.01, on or
before March 31 each year, covering the most recent fiscal year.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
411.09 Other Reports. An ILEC–NELEC shall file the following
reports with the commission within 30 days of the event that necessitates the
filing:
(a)
A Form ILEC-2 Petition for Authority to Issue Securities as described in
Puc 412.02, with respect to seeking authority to
issue securities;
(b)
A Form ILEC-3 Report of Proposed Fixed Capital Expenditures as described
in Puc 412.03, when:
(1) The estimated cost of any addition,
extensions, or capital improvement to its utility will exceed $100,000;
(2) The reportable amount, for purposes of (b)(1)
above, shall be based on the gross fixed capital, as of December 31 of the
calendar year immediately preceding; and
(3) The reporting limit established in (b)(1)
above shall apply to the total project cost, including contributions in aid of
construction.
Source. #10542, eff 3-12-14 (See Revision Note #2 at
chapter heading for Puc 400)
PART
Puc 412
ILEC–NELEC FORMS
Puc
412.01 Form ILEC-1 Annual Report. The “Annual Report” required by Puc 411.08 shall include:
(a)
Utility filing information;
(b)
Contact information for the person responsible for the information on
the form;
(c)
The calendar year that is the subject of the report;
(d)
The following schedules of information:
(1) A complete history of the ILEC, on Schedule A-1,
General Information, dated 02/2014;
(2) A description of service territory and
exchanges on Schedule A-5, List of Exchanges Served Directly, including:
a. List of towns served; and
b. Number of customers;
(3) Important changes during the year on Schedule
A-8, Important Changes During the Year, dated 02/2014; and
(4) Financial disclosure on Schedule A-9,
Financial Disclosure Reporting, that includes:
a. Data necessary to prevent the information
from being misleading, such as:
1. Extraordinary or material, unusual, or
infrequently occurring items;
2. Significant principles or practices from
those used in the prior year; and
3. The acquisition or disposition of significant
operation, assets, or liabilities;
b. Uncertainties that could affect the fairness
of the information, including significant changes in the status of loss
contingencies since the prior year; and
c. If revenues, costs, or expenses are accrued
or deferred in a manner different from that of the prior year, the method used
and the amount of such accruals or deferrals;
(e)
The following financial schedules:
(1) The balance sheet at year end on Schedule
F-10, Balance Sheet, showing assets, liabilities, and stockholders’ equity; and
(2) An income statement on Schedule F-11, Income
Statement, showing changes over the prior year;
(f)
The following schedules supporting balance sheet information:
(1) Basis of charges for depreciation on Schedule
B-14B, Basis of Charges for Depreciation, for all subclass accounts for which a
depreciation rate is determined, including:
a. Whether the depreciation rate is based on
whole life or remaining life;
b. Asset life in years;
c. Net salvage as a percentage of original cost;
d. Accumulated depreciation as a percentage of
original cost;
e. Prescribed depreciation rate; and
f. Ratio of depreciation charges to average
monthly book cost;
(2) A statement of cash flows on Schedule B-16,
Statement of Cash Flows, showing:
a. Cash flows from operating activities;
b. Cash flows from financing activities;
c. Cash flows from investing activities;
d. Net increase or decrease in cash; and
e. Cash at beginning and end of calendar year;
(g)
The following income schedules:
(1) Operating revenues on Schedule I-34,
Operating Revenues, showing by account:
a. Local network revenues;
b. Network access services revenues;
c. Long-distance network services revenues;
d. Miscellaneous revenues;
e. Uncollectible revenues; and
f. Difference in revenue in comparison to
preceding year;
(2) Explanations for changes in operating
revenues, by account, on Schedule I-34A, Increase or Decrease in Operating
Revenues, when:
a. The account has a balance over $10,000; and
b. The percentage change from the prior year is
equal to or greater than 10%;
(3) Operating expenses on Schedule I-35,
Operating Expenses, showing current year balances and the change from the prior
year, by account, for:
a. Plant specific operations;
b. Plant nonspecific operations;
c. Customer operations; and
d. Corporate operations;
(4) Explanations for changes in operating
expense, by account, on Schedule I-35A, Increase or Decrease in Operating
Expenses, when:
a. The account has a balance over $10,000; and
b. The percentage change from the prior year is
equal to or greater than 10%;
(5) Expenses attributable to formal regulatory
cases before federal, state, and other regulatory commissions on Schedule I-39,
Special Expenses Attributable to Formal Regulatory Cases, including:
a. A complete description of the regulation,
hearing or case;
b. Special assessments by regulatory
commissions;
c. Fees, retainers, and other billed items; and
d. Incremental payroll costs and directly
associated expenses, exclusive of c above;
(h)
The following plant and equipment schedules:
(1) Statistics for the count of switches and
number access lines on Schedule S 1, Switches and Access Lines in Service,
providing data for the following:
a. Switches, showing:
1. The following switch classifications:
(i) Central office
switch; and
(ii) Primary switch;
2. For each classification in 1 above, the
number of switches at year end classified as:
(i) Electronic;
(ii) Digital; or
(iii) Main access lines, further broken down as:
i. Analog; or
ii. Digital; and
3. The exchange served by each central office
switch; and
b. Access lines, showing:
1. The following customer type categories:
(i) Residential;
(ii) Business; and
(iii) Other;
2. For each customer type in 1. above, the
number of lines at year end for the following line types:
(i) Analog; and
(ii) Digital;
(2) Statistics on outside plant related to
distribution and feeder on Schedule S-2, Outside Plant Statistics –
Distribution and Feeder, showing year end amounts for:
a. Miles of aerial wire;
b. Miles of cable, broken down by:
1. The following cable classifications:
(i) Aerial;
(ii) Underground;
(iii) Buried;
(iv) Submarine; and
(v) Distribution or feeder;
2. For each classification in b.1.(i) through (iv) above, a further breakdown into the
following cable types:
(i) Copper; and
(ii) Fiber; and
3. For distribution or feeder cable in b.1.(v)
above, a further breakdown into the following cable types:
(i) Copper;
(ii) Fiber lit sheath; and
(iii) Fiber deployed sheath;
c. Number of poles; and
d. Miles of underground conduit, showing:
1. Trench miles; and
2. Duct miles;
(3) Statistics for outside plant related to for
interoffice on Schedule S-3, Outside Plant Statistics – Interoffice, showing
year end amounts for:
a. Miles of aerial wire;
b. Miles of cable, broken down by:
1. The following cable classifications:
(i) Aerial;
(ii) Underground;
(iii) Buried;
(iv) Submarine; and
(v) Distribution or feeder;
2. For each classification in b.1.(i) though (iv) above, a further breakdown into the
following cable types:
(i) Copper; and
(ii) Fiber; and
3. For distribution or feeder cable in b.1.(v) above,
a further breakdown into the following cable types:
(i) Copper;
(ii) Fiber lit sheath; and
(iii) Fiber deployed sheath;
c. Number of poles; and
d.
Miles of underground conduit, showing:
1. Trench miles; and
2. Duct miles; and
(i) Certification of all of the information
submitted on or with the report, containing:
(1) A notary seal that has been made:
a. Under oath;
b. By the company’s president or chief officer;
and
c. By the company’s treasurer or other officer
in charge of accounts;
(2) Attestations, by each person, referred to in
(1)b. and (1)c. above, that the information contained in the annual report:
a. Has been prepared under my direction;
b. The information has been carefully examined
and reviewed by me;
c. Is accurate to the best of my knowledge; and
d. Provides an accurate statement of the
position of the company;
(3) Signatures of each individual, referred to in
(1)b. and (1)c. above; and
(4) Printed names and titles of the individuals
in (3) above.
Source.
#8348, eff 5-10-05 (See Revision Note #1 at chapter heading for Puc 400); ss by #10542, eff 3-12-14 (See Revision Note #2
at chapter heading for Puc 400)
Puc
412.02 Form ILEC-2 Petition for
Authority to Issue Securities. The
“Petition for Authority to Issue Securities” required by Puc
411.09(a) shall include:
(a)
Utility filing information;
(b)
Contact information for the person responsible for the information on
the form;
(c)
The following attachments:
(1) A petition for authority to issue securities
including;
a. A description of authorized and outstanding
long term debt and capital stock;
b. The amount of short term notes outstanding;
c. A description of new securities;
d. A description of what proceeds will be used
for; and
e. The petitioner’s prayer asking for the relief
requested;
(2) A statement in reasonable detail of any
proposed additions, construction or working capital requirements together with
any proposed construction budget;
(3) Testimony by a qualified person that:
a. Explains the purpose of the financing:
b. Shows the effect of the financing on the
company’s financial rating(s);
c. Provides the proposed method of issuance and
sale of the securities; and
d.
Indicates how the financing will be consistent with the public good, pursuant
to RSA 369:1;
(d)
The following exhibits:
(1) Exhibit 1, “Authorized and Outstanding
Long-Term Debt,” detailing each of the company’s long-term debts in tabular
format, with the following for each:
a. The type of debt;
b. If applicable, the coupon rate;
c. Issue and maturity dates;
d. Amount outstanding; and
e. If applicable, call prices on the start date and
end date of the issue period of the proposed financing;
(2) Exhibit 2, “Authorized and Outstanding
Capital Stock,” providing a description of each type of outstanding stock;
(3) Exhibit 3, “Capital Expenditures,” listing
for the entire company and for
a. A breakdown of capital expenditures made
during the most recent calendar; and
b. An estimate of capital expenditures for the
current calendar year;
(4) Exhibit 4, “Estimated Cost of Financing,”
listing each cost associated with issuing the securities;
(5) Exhibit 5, “Proforma Balance Sheet,”
providing a balance sheet for the most recent calendar year, adjusted for the
effects of the proposed financing, with columns showing:
a. Balance sheet amounts for the most recent
year;
b. Proforma adjustments resulting from the
proposed financing; and
c. Totals of the balance sheet amounts and the
proforma adjustments in a. and b. above;
(6) Exhibit 6, “Proforma Income Statement,”
providing an income statement for the most recent calendar year, adjusted for
the effects of the proposed financing, with columns showing:
a. Income statement amounts for the most recent
year;
b. Proforma adjustments resulting from the
proposed financing; and
c.
Totals of the income statement amounts and the proforma adjustments in a. and
b. above;
(7) Exhibit 7, “Proforma Adjustments to Balance
Sheet and Income Statement,” listing proforma adjustments to the balance sheets
and income statements of each calendar year that the proposed securities could
be issued;
(8) Exhibit 8, “Source and Application of Funds
and Capitalization” showing for the most recent calendar year:
a. Cash flows from operations, investing
activities, and financing activities, adjusted for the effects of the proposed
financing; and
b. A schedule of the company’s capital structure
that includes the effects of the proposed financing;
(9) Exhibit 9, “Terms and Conditions of Proposed
Securities,” listing the terms and conditions of each proposed security;
(10)
If applicable, Exhibit 10, “Purchase and Sale Agreement and Commitment Letter,”
containing copies of:
a. Purchase and sale agreement(s) associated
with the financing; and
b. Letter(s) of commitment from lender(s) that
the company is approved for the financing; and
(11) If applicable, Exhibit 11, “Proposed
Promissory Note and/or Mortgage” providing a copy of any promissory note or
mortgage agreement associated with the financing; and
(e)
Signature of the authorized representative of the ILEC, with date,
certifying that:
(1) The information on the form is true and
correct to the best of the individual’s knowledge and belief, subject to the
penalty for making unsworn false statements under RSA 641:3; and
(2) The petitioner utility company believes and,
therefore, alleges that the securities to be issued will be consistent with the
public good and that it is entitled to issue said securities under RSA 369 for
the purposes set forth in its petition.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
412.03 Form ILEC-3 Report of Proposed
Fixed Capital Expenditures. The
“Report of Proposed Fixed Capital Expenditures” required by Puc
411.09(b) shall include:
(a)
Utility filing information;
(b)
Contact information for the person responsible for the information on
the form;
(c)
The year that is the subject of the report;
(d)
The date of the report; and
(e)
For each proposed expenditure:
(1) The item number;
(2) The location of the proposed expenditure;
(3) A description of the proposed addition,
extension or capital improvement;
(4) The estimated start and finish dates of
construction; and
(5) The estimated cost of each element of the
proposed addition.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
412.04 Form ILEC-4 Report of Proposed
Changes in Depreciation Rates. The
“Report of Proposed Changes in Depreciation Rates” required by Puc 411.06(a) shall include:
(a)
Utility filing information;
(b)
Contact information for the person responsible for the information on
the form;
(c)
The year that is the subject of the report;
(d)
The date of the report;
(e)
For each item whose depreciation rate is proposed for revision:
(1) The account number and title;
(2) The estimated life, both present and
proposed, in years;
(3) The net salvage, both present and proposed,
in percentages;
(4) The depreciation rate, both present and
proposed, by percentage; and
(5) The net annual change in dollars; and
(f)
Any supporting documentation justifying the change the ILEC submits.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
PART
Puc 413
REGISTRATION OF TELECOMMUNICATIONS CARRIERS FOR RECOGNITION OF RIGHTS
AND OBLIGATIONS UNDER FEDERAL LAW
Puc
413.01 Definitions. For purposes of this section:
(a)
“Exchange” means any of the discrete geographical areas within
(b)
“Telecommunications” means the transmission, between or among points
specified by the user, of information of the user’s choosing, without change in
form or content of the information as sent and received;
(c)
“Telecommunications service” means the offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly
to the public, regardless of the facilities used; and
(d)
“Telecommunications carrier” means any provider of telecommunications
services, except that such term does not include aggregators of
telecommunications services.
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
413.02 Registration.
(a) A telecommunications carrier may
register with the commission by filing form TC-1 dated 02/2014, available at
the commission web site at www.puc.nh.gov, in order to
obtain evidence of its rights and obligations under the Communications Act of
1934, as amended.
(b)
The commission shall register a telecommunications carrier upon receipt
of a form TC-1 which the commission determines is complete.
(c)
A registered telecommunications carrier that ceases providing
telecommunications services in
Source. #8348, eff 5-10-05 (See Revision Note #1 at
chapter heading for Puc 400); ss by #10542, eff
3-12-14 (See Revision Note #2 at chapter heading for Puc
400)
Puc
413.03 Requests For Numbering
Resources. At the time and in the
event a registered telecommunications carrier requests numbering resources from
the North American Numbering Plan Administration, the carrier shall comply with
requirements for obtaining numbering resources established pursuant to 47
C.F.R. §52.15 and shall provide the commission the following information:
(a)
For initial requests for numbering resources in an exchange, evidence
that it will be capable of providing service within 60 days of the numbering
resources activation date with facilities that are:
(1) Physically located in the exchange;
(2) Used to provide service to customers located
in the exchange; and
(3) Owned by the telecommunications carrier or a
specified retail partner; and
(b)
For requests for numbering resources in an exchange in which it has
previously obtained numbering resources, evidence that:
(1) It has utilized at least 75% of the numbering
resources in its possession in the exchange; and
(2) Its existing supply of numbering resources
will be exhausted within 6 months by customers located in the exchange.
Source.
#8348, eff 5-10-05 (See Revision Note #1 at chapter heading for Puc 400); ss by #10542, eff 3-12-14 (See Revision Note #2
at chapter heading for Puc 400)
APPENDIX A
|
Rule |
|
|
Puc 401.01 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 401.02 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.01 |
RSA 365:8, VII
& XII; RSA 374:1; RSA 374:3 |
|
Puc 402.02 |
RSA 365:8, VII
& XII; RSA 374:22-p |
|
Puc 402.03 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.04 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.05 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.06 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.07 |
RSA 365:8, VII
& XII; RSA 374:1; RSA 374:3 |
|
Puc 402.08 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.09 |
RSA 362:7 |
|
Puc 402.10 |
RSA 362:7(b);
RSA 362:8, I; RSA 365:8, VII & XII; RSA 374:3; 378:18-b; 47 USC 251(h) |
|
Puc 402.11 |
RSA 362:7(b);
RSA 362:7(c); RSA 365:8, VII & XII; 47 USC 251(h) |
|
Puc 402.12 |
RSA 362:7(b); RSA
362:7(c); RSA 365:8, VII & XII; 47 USC 251(h) |
|
Puc 402.13 |
RSA 365:8, VII
& XII; 47 CFR 64.1330(b) |
|
Puc 402.14 |
RSA 362:2; RSA
365:8, VII & XII; 47 CFR 64.1330(b) |
|
Puc 402.15 |
RSA 365:8, VII
& XII; RSA 374:1; RSA 374:3 |
|
Puc 402.16 |
RSA 374:22-g; 47
USC 153(44) |
|
Puc 402.17 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.18 |
RSA 365:8, VII
& XII; RSA 374:1; RSA 374:3 |
|
Puc 402.19 |
RSA 362:8, I;
RSA 365:8, VII & XII; 47 USC 225(b) |
|
Puc 402.20 |
RSA 362:2; RSA
362:7 |
|
Puc 402.21 |
RSA 365:8, VII
& XII; RSA 374:1-a; 374:28-a |
|
Puc 402.22 |
RSA 365:8, VII
& XII; RSA 374:3 |
|
Puc 402.2 |
RSA 362:2; RSA
362:7 |
|
Puc 403.01 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 403.02 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 404.01 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:22 |
|
Puc 404.02 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:22 |
|
Puc 404.03 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:22 |
|
Puc 404.04 |
RSA 363:A-2 |
|
Puc 404.05 |
RSA 362:2; RSA 362:7;
RSA 378:1; RSA 378:3 |
|
Puc 404.06 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 378:1-a |
|
Puc 404.07 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:1 |
|
Puc 404.08 |
RSA 365:6; RSA
365:8, VII, XI & XII; RSA 362:8, I; RSA 374:4; RSA 106-H:8; 47
CFR 64.603; 47 CFR 64.1330(b) |
|
Puc 404.09 |
RSA 362:8,
I; RSA 365:8, VII & XII; 47 CFR
64.603 |
|
Puc 404.10 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 106-H:9 |
|
Puc 404.11 |
RSA 365:8, VII
& XII; RSA 374:18 |
|
Puc 405.01 |
RSA 365:8, VII
& XII; RSA 378:1-a; RSA 378:44-48 |
|
Puc 405.02 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 374:1-a; 374:28-a |
|
Puc 405.03 |
RSA 362:7,
III(e); RSA 362:8, I; RSA 365:8, VII & XII; RSA 374:1-a; 374:28-a |
|
Puc 405.04 |
RSA 365:8, VII
& XII; RSA 378:1-a; 378:44-48 |
|
Puc 405.05 |
RSA 362:8, I;
RSA 365:8, VII & XII; 374:1-a; RSA 374:59; RSA 362:8, I; 47 USC 251(b)(2) |
|
Puc 405.06 |
RSA 365:1-a; RSA
365:8, VII & XII |
|
Puc 405.07 |
RSA 374:22-q; 47
C.F.R. 64.1330 |
|
Puc 406.01 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a,
VIII; 47 USC 251(a) |
|
Puc 406.02 |
RSA 362:8, I;
RSA 365:8, VII, XI & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA
374:34-a,VIII; 47 USC 251(a) |
|
Puc 406.03 |
RSA 362:8, I;
RSA 365:8, VII, XI & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA
374:34-a, VIII; 47 USC 251(a) |
|
Puc 407.01 |
RSA 362:8, I;
RSA 365:8, VII & XII; 47 USC 251(a) |
|
Puc 407.02 |
RSA 362:8, I;
RSA 365:8, VII & XII; 47 USC 251(a) |
|
Puc 407.03 |
RSA 362:8, I;
RSA 365:8, VII & XII; 47 USC 251(a) |
|
Puc 407.04 |
RSA 362:8, I;
RSA 365:8, VII & XII; 47 USC 251(a) |
|
Puc 407.05 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 374:1-a; RSA 374:28-a; RSA 378:1-a; RSA
378:44-48 |
|
Puc 407.06 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 374:22-p; 47 CFR 64.2301-2345 |
|
Puc 408.01 |
RSA 363-A:2
& 4; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA
378:44-48 |
|
Puc 408.02 |
RSA 363-A:2
& 4; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA
378:44-48 |
|
Puc 408.03 |
RSA 365:8, VII
& XII; RSA 374:1; 374:3; 374:18 |
|
Puc 408.04 |
RSA 91-A; RSA
365:8, IV, VII & XII |
|
Puc 409.01 |
RSA 363-A:2
& 4; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA
378:44-48; RSA 641.3 |
|
Puc 409.02 |
RSA 362:2; RSA
363-A:2 & 4; RSA 365:8, VII & XII; RSA 641.3 |
|
Puc 409.03 |
RSA 365:8, VII,
XI & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a,
VIII; RSA 374:37-39; RSA 641.3 |
|
Puc 409.04 |
RSA 365:8, VII
& XII; RSA 374:28-a; RSA 641.3 |
|
Puc 409.05 |
RSA 362:8,I; RSA
365:8, VII, XI & XII; RSA 374:1; RSA 374:3; RSA 374:4; RSA 641.3; 47 USC 251(a) |
|
Puc 409.06 |
RSA 362:8, I;
RSA 365:8, VII & XII; RSA 641.3; 47 CFR 64.1330 |
|
Puc 409.07 |
RSA 365:8, VII
& XII; RSA 374:59; RSA 641.3 |
|
Puc 409.08 |
RSA 362:2; RSA
362:8, I; RSA 365:8, VII & XII; RSA 374:22; RSA 641.3; 47
USC 253(b) |
|
Puc 410.01 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 410.02 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 410.03 |
RSA 362:8, IV;
RSA 365:8, VII & XII; RSA 374:22-p |
|
Puc 410.04 |
RSA 362:8, IV;
RSA 365:8, VII & XII; RSA 374:22-p |
|
Puc 410.05 |
RSA 362:8, IV;
RSA 365:1; RSA 365:1-a; RSA 365:8, VII & XII; RSA 374:22-p |
|
Puc 410.06 |
RSA 362:7,
III(c); RSA 362:8, I; RSA 365:8, VII & XII; 47 USC 251(b)
& (c) |
|
Puc 410.07 |
RSA 362:7, III(c);
RSA 362:8, I; RSA 365:8, VII & XII; 47 USC 251(b)
& (c) |
|
Puc 411.01 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 411.02 |
RSA 362:2; RSA
362:7; RSA 365:8, VII & XII; RSA 374:1; RSA 374:3 |
|
Puc 411.03 |
RSA 365:8, VII
& XII; RSA 378:1 |
|
Puc 411.04 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:8; RSA 374:13 |
|
Puc 411.05 |
RSA 365:8, VII,
IX & XII; RSA 369:7; RSA 374:3; RSA 374:8; RSA 374:13 |
|
Puc 411.06 |
RSA 365:8, VII
& XII; RSA 369:6; RSA 374:3; RSA 374:8 |
|
Puc 411.07 |
RSA 365:8, VII
& XII; RSA 374:3; RSA 374:4; RSA 374:8; RSA 374:13 |
|
Puc 411.08 |
RSA 365:8, VII
& XII; RSA 369:7; RSA 374:3; RSA 374:8; RSA 374:13 |
|
Puc 411.09 |
RSA 365:8, VII
& XII; RSA 369:1; RSA 374:5 |
|
Puc 412.01 |
RSA 365:8, VII
& XII; RSA 369:7; RSA 374:3; RSA 374:8; RSA 374:13 |
|
Puc 412.02 |
RSA 365:8, VII
& XII; RSA 369:1 |
|
Puc 412.03 |
RSA 365:8, VII
& XII; RSA 374:5 |
|
Puc 412.04 |
RSA 365:8, VII
& XII; RSA 369:6; RSA 374:3; RSA 374:8 |
|
Puc 413.01 |
RSA 365:8, XII; RSA 374:59, II &
III; RSA 374:34-a; 47 U.S.C. 224 |
|
Puc 413.02 |
RSA 365:8, XII; RSA 374:59, II &
III; RSA 374:34-a; 47 U.S.C. 224 |
|
Puc 413.03 |
RSA 365:8, XII; RSA 374:59, II &
III; 47 CFR 52.15 |
APPENDIX B
DOCUMENT INCORPORATED BY REFERENCE
National Electrical
Safety Code, 2012 Edition (Puc 406.01(a))
Available at: http://techstreet.com/ieee for non-member cost of $175 for Secure PDF or
$180 for Printed Edition. IEEE Standards
Association,