CHAPTER
En 400 RULES FOR TELEPHONE UTILITIES
REVISION
NOTE:
Document #14015, effective 7-1-24,
adopted Chapter En 400 titled “Rules for Telephone Utilities.” Document #14015 was adopted pursuant to RSA
12-P:5, IV RSA 362, RSA 363-A, RSA 365, RSA 374, and RSA 378 to the extent the
provisions apply under the authority of the Department of Energy.
Pursuant to 2021, 91:187, effective
7-1-21, the Department of Energy was established by the adoption of RSA
12-P. Pursuant to RSA 12-P:11, “All of
the functions, powers, duties, records, personnel, and property of the public
utilities commission incorporated in the statutes establishing the department
of energy and which replace the authority of the commission with the authority
of the department of energy, are hereby transferred, as of July 1, 2021, to the
department of energy.”
Pursuant to RSA 12-P:14, “Existing rules, orders, and approvals of the public
utilities commission which are associated with any functions, powers, and
duties, transferred to the department of energy pursuant to RSA 12-P:11 or any
other statutory provision, shall continue in effect and be enforced by the
commissioner of the department of energy until they expire or are repealed or
amended in accordance with applicable law.”
Chapter En 400 applies to telephone
utilities in the state and governs telephone service by adopting various rules
in the former Chapter Puc 400 of the Public Utilities Commission regarding
standard procedures, general business rules, and requirements for telephone
utilities to comply with relevant statutes and orders for the Public Utilities
Commission. Additionally, Part En 413,
which is based on Part Puc 413, provides the 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.
The Public Utilities Commission
subsequently readopted with amendments Chapter Puc 400 titled “Rules for
Telephone Utilities” in Document #14029, effective 7-25-24. Amendments included, but were not limited to,
the deletion of existing provisions in Chapter Puc 400 which Document #14015
had adopted in Chapter En 400. See
Revision Note #1, Revision Note #2, and Revision Note #3 at the chapter heading
for Chapter Puc 400 for the filings affecting the former Chapter Puc 400.
PART
En 401 PURPOSE AND APPLICATION
En 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. #14015, eff
7-1-24 (see Revision Note at chapter heading for En 400)
En 401.02 Application.
(a)
Parts En 401 through En 409 of this chapter shall apply to all telephone
utilities except to the extent preempted by the Telecommunications Act of 1996.
Part En 410 of this chapter shall apply
to all incumbent local exchange carriers (ILECs) operating as excepted local exchange
carriers (ELECs) except to the extent preempted by the Telecommunications Act
of 1996. Part En 411 shall apply to reports
and filings applicable to Voice over Internet Protocol (VoIP) service as
defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7,
I(e) that provides the voice capabilities described in RSA 362:7, I(d)(1) and
(3), other than a cellular mobile radio communications service provider or any
entity to which RSA 363-A:2, I(c) applies. Part En 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 department rules shall apply to all telephone
utilities except to the extent preempted by the Telecommunications Act of 1996:
(1) En 102, relative to definition of terms;
(2) En 200, procedural rules;
(3) En 800, underground utility damage protection
program; and
(4) En 1300, utility pole attachments.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 402 DEFINITIONS
En 402.01 “Accident notification roster” means the
ordered list of department staff members to be contacted about reportable
accidents which is available on the department’s website.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.02 “Basic service” means “basic service” as
defined in RSA 374:22-p, I(b), namely:
“(1) Safe and reliable single-party, single-line
voice service;
(2) The ability to receive all non-collect calls,
at telephone lines capable of receiving calls, without additional charge;
(3) The ability to complete calls to any other
telephone line, which is capable of receiving calls, in the state;
(4) The opportunity to presubscribe to interLATA toll carriers;
(5) The opportunity to presubscribe to intraLATA toll carriers;
(6) Dialing parity;
(7) Number portability;
(8) Enhanced
911, pursuant to the requirements of the department of safety bureau of
emergency communications or its successor agency;
(9) Access to statewide directory assistance;
(10) Telecommunications relay service (TRS);
(11) A published directory listing, at the
customer’s election;
(12) A caller identification blocking option, on a
per-call basis;
(13) A caller identification line blocking option
that is available to all customers without a recurring charge and is provided
upon customer request without charge to customers who have elected
non-published telephone numbers and is available without a non-recurring charge
to customers who certify that caller identification threatens their health or
safety; and is available without a non-recurring charge when requested with
installation of basic service;
(14) A blocking option for pay-per-call calls,
such as blocking all 900 or all 976 calls;
(15) The ability to report service problems to the
customer’s basic service provider on a 24-hour basis, 7 days a week; and
(16)
Automatic Number Identification (ANI) to other carriers which accurately
identifies the telephone number of the calling party.”
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.03 “Commission” means the New Hampshire public
utilities commission.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 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 New Hampshire.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.05 “Competitive toll provider (CTP)” means any
carrier authorized to provide intra local access and transport area (intraLATA) toll service, except for an ILEC-ELEC that
provides toll service exclusively to its local service customers in New
Hampshire.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.06 “Contact information” means:
(a)
Name;
(b)
Title;
(c)
Complete postal mailing address;
(d)
Telephone number; and
(e)
Email address.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.07 “Cyber attack” means
a deliberate, unauthorized exploitation of computer systems,
technology-dependent enterprises, and networks.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.08 “Department” means the New Hampshire department
of energy.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.09 “Dial tone” means an aural tone that
indicates to the telephone end-user that the handset is able to place a call.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.10 “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 has elected to be excepted by filing with the commission a
written notice advising of said election prior to July 1, 2021; or
(c) Any provider of telecommunications services
that is not an incumbent local exchange carrier, including CLECs, CTPs, and PSPs.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.11 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.12 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.13 RESERVED.
En 402.14 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.15 “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 department to provide payphone service.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.16 “Reportable accident” means an accident
occurring in New Hampshire in connection with the utility’s property or
facilities in which:
(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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.17 “Rural telephone company (RTC)” means an ILEC
meeting the definition of rural telephone company under 47 U.S.C. § 153(44).
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.18 “Secretary of state
certificate of authority” means the certificate of legal existence, certificate
of authority, or other certification issued by the New Hampshire secretary of
state which authorizes an entity to transact business in the state.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.19 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.20 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.21 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.22 “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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 402.23 “Voice service” means the conveyance of
telephone messages for the public.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 403 TELEPHONE UTILITY REQUIREMENTS
En 403.01 Purpose. The purpose of this part is to establish
requirements for all telephone utilities.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 403.02 Application. ILECs and ELECs shall comply with En 403
through 409.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 404 TELEPHONE UTILITY REGULATORY
REQUIREMENTS
En 404.01 RESERVED.
En 404.02 Authorization Required to Provide Voice
Service.
(a)
No person or entity shall provide voice services in any area of New
Hampshire unless and until that person or entity is registered as an ELEC
authorized in that area.
(b)
To apply for authorization to provide voice service a person or entity
shall complete and file Form T-8 “Application for Registration to Provide Voice
Service” dated 10/2025 and acknowledge and certify as follows:
(1) “I attest that the applicant will comply with
all applicable New Hampshire laws and Department policies, rules and orders.”;
(2) “I attest that the applicant has the
necessary managerial qualifications, technical competence, and financial
resources to operate the telephone utility for which the applicant seeks
registration.”; and
(3) “I certify that the information on this form
is true and correct to the best of my knowledge and belief subject to the
penalty for making unsworn false statements under RSA 641:3.”
(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 department that the
ELEC be required by the department to meet the requirements of 47 U.S.C. §
253(f) regarding eligible telecommunications carrier qualifications before
providing such service. The department 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 department denies an application for ELEC registration
pursuant to En 404.03, the department 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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
En 404.03 Denial of Registration.
(a) When determining whether to grant or deny an
application for registration pursuant to En 404.02, the department 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 have:
(1) Committed an act that would constitute a
violation of these rules;
(2) 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 department determines that it is
not in the public good to allow registration.
(b)
In the event that the department denies an application for registration,
the applicant may, within 30 days, file a request for reconsideration.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.04 Assessment. Telephone utilities shall be assessed
pursuant to RSA 363-A.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.05 RESERVED.
En 404.06 Website. Each ELEC and ILEC shall post the rates,
fares, charges, prices, terms, and conditions of all voice services on its
publicly available website.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.07 Accident Notifications.
(a)
Each ELEC shall notify the department immediately by telephone when it
becomes aware that a reportable accident has occurred in connection with its
facilities or property within the state of New Hampshire.
(b)
The ELEC 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 shall
work sequentially through the accident notification roster until it speaks
directly with one of the department representatives listed therein.
(c)
If direct contact with a department representative is not successful,
the ELEC shall call the department general telephone listing, provided in the
accident notification roster, and leave a voice mail message:
(1) Identifying the ELEC 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 shall provide the department with
the following information as soon as direct contact is made with a department representative:
(1) The name of the ELEC;
(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 including but not limited to;
a. The name of the injured person;
b. The nature and extent of injury;
c. Whether the accident involved electric contact;
d. The injured person’s relationship with the ELEC;
and
e. Previous report if applicable;
(4) The time at which:
a. The accident or
event occurred; and
b. The ELEC was first notified of the accident or
event;
(5) A description of any fatalities including
date of death, 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 shall be deemed made when:
(1) A department representative answers a
telephone call from the ELEC representative calling pursuant to (b) above; or
(2) A department representative returns a call
and speaks directly with the ELEC’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 department representative.
(g)
In addition to notifying the department, an ELEC shall complete and file
Form T-3 “Utility Accident Report” dated 10/2025, for each reportable accident
within 10 business days of the accident.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
En 404.08 General Preservation and Availability of
Records.
(a)
ELECs shall preserve all records required by En 200 and En 400 for a
period of 2 years unless otherwise designated by the department’s rules
governing the preservation of records.
(b)
ELECs shall make available the records required to be preserved pursuant
to (a) above to the department for examination during the telephone utility’s
normal business hours.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.09 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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.10 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 and the department 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) A copy of the commission’s Form T-4 “Transfer
of Customer Base Report” 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 and the department 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) A copy of the commission’s Form T-4 “Transfer
of Customer Base Report” to be filed 30 days prior to the occurrence of the
transfer of customer base.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.11 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 shall
provide at least 10 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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 404.12 Payphones.
(a)
Any payphone shall have the following functionalities, without charge to
the customer:
(1) A dial tone signal;
(2) 911 emergency access; and
(3) Access to TRS.
(b)
An ELEC that maintains payphones shall allow and assist the department
when the department shall, from time to time, inspect the payphones the ELEC
maintains and the manner in which each such ELEC has conformed to statutes,
rules, and orders applicable to payphones.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 405 RESERVED.
PART
En 406 TELEPHONE UTILITY EQUIPMENT AND
FACILITIES
En 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, 2023 edition, as available as noted in 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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 406.02 Emergency Operations. ELECs 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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 406.03 Significant Facility Disruption.
(a) ELECs shall report significant facility
disruptions within 120 minutes of occurrence by e-mail notification to svcTelcoOutage@energy.nh.gov.
(b)
The e-mail notification sent pursuant to (a) above shall accept reply messages from the department.
(c)
In the event the ELEC does not receive confirmation of receipt of the
e-mail from the department, it shall place a call to the department’s main
number to report the significant facility disruption.
(d)
ELECs shall report significant facility disruptions in writing to the department
by completing Form T-5 “Facility Disruption Report” dated 10/2025, which shall
be filed within 10 days of the disruption.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
PART
En 407 ELEC INTERCARRIER OBLIGATIONS
En 407.01 Intercompany Cooperation. ELECs shall cooperate with all carriers to
ensure an ubiquitous telephone network in New
Hampshire capable of completing all calls, over which customers perceive no
transition from one carrier to the next.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 407.02 Provision of Interconnection. ELECs shall interconnect directly or
indirectly with the facilities and equipment of other carriers.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 407.03 Network Changes. At least 6 months prior to network changes
which might affect existing or pending interconnections, ELECs shall make
available necessary information relating to network design and technical
standards, and information concerning changes to the network that affect
interconnection.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 407.04 Switching and Signaling Obligations.
(a)
ELECs shall provide answer and disconnect supervision in accordance with
industry standards.
(b) ELECs shall deliver to their customers all
calls unless screened or blocked at the customer’s request.
(c)
ELECs shall provide access to operator services pursuant to the
Telecommunications Act of 1996.
(d)
ELECs shall provide reasonable access to all signaling information
pursuant to industry protocols.
(e)
ELECs shall not interfere with the transmission of signaling
information.
(f) ELECs shall communicate, on a demand and
preventative basis, information regarding maintenance necessary to ensure
successful call completion.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 407.05 Carrier to Carrier Migrations. In addition to complying with Puc 406.01,
ELECs shall comply with the following:
(a)
When porting a customer’s number to another carrier, ELECs shall release
the number without delay or consideration of any issue such as the customer’s
account balance.
(b)
ELECs 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.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 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 causes its own customers’ telephone numbers to be published, the ELEC
shall permit such listing on a non-discriminatory access basis.
(b) ELECs 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 shall not publish or list numbers for which other ELECs request
non-directory listed or non-published status.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 408 ELEC REPORTS AND FILINGS
(a)
Form T-1 “Contact and Trade Name Information” dated 10/2025 shall be completed
and filed by the ELEC on or before March 31 of each year, and
shall cover the most recent calendar year.
(b)
Form T-2 “Assessment Report” dated 10/2025 shall be completed and filed by
the ELEC on or before March 31 of each year, and shall
cover the most recent calendar year.
(c)
If the ELEC operated any payphones during the previous year, it shall complete
and file Form T-6 “Payphone Location Report” dated 10/2025, on or before March
31 of each year, covering the most recent calendar year.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
En 408.02 Event-Driven. ELECs shall complete and file the following
reports with the department within 30 days of the event that necessitates the
filing, unless otherwise specified:
(a)
A Form T-1 “Contact and Trade Name Information” as dated 10/2025, on the
occurrence of any change in the information on the ELEC’s most recently filed
T-1;
(b)
A Form T-3 “Utility Accident Report” as dated 10/2025, on the occurrence
of a reportable accident pursuant to En 404.07(g);
(c)
A copy of the commission’s Form T-4 “Transfer of Customer Base Report,”
30 days prior to the occurrence of a transfer of customer base;
(d)
A Form T-5 “Facility Disruption Report” dated 10/2025, on the occurrence
of a significant facility disruption, pursuant to En 406.03(d);
(e)
A Form T-7 “Exchange Eligibility Report” dated 10/2025, when becoming
eligible to provide service in an exchange; and
(f)
A Form T-8 “Application for Registration to Provide Voice Service” dated
10/2025 prior to offering such service in an area in which the applicant is not
yet authorized.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
En 408.03 Submitting Reports and Forms.
(a) ELECs shall submit all reports and forms to
the department by the following methods:
(1) Mail or other delivery to:
New
Hampshire Department of Energy
21
South Fruit Street, Suite 10
Concord,
NH 03301-2429; or
(2) Electronic report filing as the department shall
provide on the department website at telecom-info-reports@energy.nh.gov.
(b)
ELECs making an electronic filing pursuant to (a)(2) above shall comply
with Puc 202.06 regarding filing requirements except that under this section,
they shall submit the original by mail and the electronic copy by email.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 408.04 Confidential Treatment. ELECs which seek confidential treatment of
any report or any portion of a report required by this Chapter shall comply
with the applicable provisions of En 201.04, En 201.06, En 201.07, and En
203.08.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
PART
En 409 ELEC COMMON FORMS
En 409.01 Form T-9 Withdrawal of Authorization to
Operate As a Telephone Utility In
New Hampshire. An ELEC may request that
the department consider its withdrawal of authorization to operate as an ELEC
by completing and filing Form T-9 “Withdrawal of Authorization to Operate as a
Telephone Utility in New Hampshire” dated 10/2025.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
PART
En 410 ADDITIONAL REQUIREMENTS
APPLICABLE TO ILECS OPERATING AS ELECS (ILEC-ELECs)
En 410.01 Purpose. The purpose of this part is to establish
additional requirements for all ILEC-ELECs.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 410.02 Application. ILEC-ELECs shall comply with En 410.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 410.03 Basic Service.
(a)
An ILEC-ELEC 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-ELEC. This rule shall not
preclude an ILEC-ELEC 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-ELEC shall not require an existing or prospective basic service
customer to waive, release, or otherwise relinquish any rights or remedies
under the En 400 rules or the statutes implemented by these rules, including,
but not limited to, the right to submit a complaint to the department pursuant
to En 410.05.
(c)
An ILEC-ELEC shall not impose exit fees on a customer who cancels basic
service.
(d)
An ILEC-ELEC 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-ELEC 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 (d)(1) above shall be
provided to the department 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-ELEC was unable to
provide service within 10 days of the customer’s application.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 410.04 ILEC-ELEC Discontinuations of Basic
Service.
(a)
An ILEC-ELEC shall not discontinue residential basic service in any
portion of its franchise area without department 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-ELEC 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-ELEC shall not discontinue
service to such customer without department authorization, unless the customer
has failed to enter into or comply with an arrangement for repayment of any
outstanding balance.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 410.05 Complaints Regarding Basic
Service. The department shall accept
and resolve complaints from ILEC-ELEC customers regarding basic service.
PART
En 411 REPORTS AND FILINGS APPLICABLE TO VoIP SERVICE
OR AN IP-ENABLED SERVICE
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 411.01 Applicability. This section shall apply to VoIP service as
defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7,
I(e) that provides the voice capabilities described in RSA 362:7(d)(1) and (3),
other than a cellular mobile radio communications service provider or any
entity to which RSA 363:2, I(c) applies.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 411.02 Due Annually.
(a)
Form T-1 “Contact and Trade Name Information” dated 10/2025 shall be completed
and filed by the entities identified in En 411.01 on or before March 31 of each
year, and shall cover the most recent calendar year.
(b)
Form T-2A “Assessment Report” dated 6/2024 shall be completed and filed
by the entities identified in En 411.01 on or before March 31 of each year, and shall cover the most recent calendar year.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400); ss by #14417 (EXRF), eff 10-29-25, EXPIRES:
10-29-35
PART
En 412 RESERVED
PART
En 413 REGISTRATION OF
TELECOMMUNICATIONS CARRIERS FOR RECOGNITION OF RIGHTS AND OBLIGATIONS UNDER
FEDERAL LAW
En 413.01 Definitions. For purposes of this section:
(a)
“Exchange” means any of the discrete geographical areas within New
Hampshire for which the North American Numbering Plan Administration (NANPA)
allocates blocks of telephone numbers;
(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 the term does not include aggregators of
telecommunications services.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 413.02 Registration.
(a) A telecommunications carrier may register with
the department by completing and filing Form TC-1 “Registration as a
Telecommunications Carrier” dated 6/2024, available at the department website
at https://www.energy.nh.gov/utilities-providers/information-telecommunications-providers
in order to obtain evidence of its rights and obligations under the
Communications Act of 1934, as amended.
(b)
The department shall register a telecommunications carrier upon receipt
of a form TC‑1 which the department determines is complete.
(c)
A registered telecommunications carrier that ceases providing
telecommunications services in New Hampshire shall notify the department in
writing or by completing and filing the Form TC-2 “Withdrawal of Registration
as a Telecommunications Carrier in New Hampshire” dated 6/2024,
of such cessation by signing and certifying as follows:
“I
certify that the company on whose behalf this application is submitted seeks to
have its registration as a provider of telecommunications services in New
Hampshire withdrawn. I am aware that said company may offer telecommunications
services in New Hampshire without any such registration, and that a lack of
registration may result in some inconvenience in asserting rights available to
telecommunications carriers. I make this
certification subject to the penalty for making unsworn false statements under
RSA 641:3.”
(d)
If the department determines that a telecommunications carrier is no
longer providing telecommunications service in New Hampshire, as a result of
such notification or by other means, the department shall terminate the
registration of the telecommunications carrier.
Source. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
En 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 department the following information:
(a)
For initial requests for numbering resources in an exchange, evidence
that the carrier 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 the carrier
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. #14015, eff 7-1-24 (see Revision Note at
chapter heading for En 400)
APPENDIX A
|
Rule |
Specific State Statute the Rule
Implements |
|
En
401.01 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
401.02 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.01 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3 |
|
En
402.02 |
RSA
12-P:5, IV; RSA 374:22-p |
|
En
402.03 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.04 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.05 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.06 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.07 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3 |
|
En
402.08 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.09 |
RSA 12-P:5, IV; RSA 374:3 |
|
En
402.10 |
RSA
12-P:5, IV; RSA 362:7(c) |
|
En
402.11 |
RSA
12:P:5, IV; RSA 362:7(b); RSA 374:3; RSA 378:18-b; 47 USC 251(h) |
|
En
402.12 |
RSA
12:P:5, IV; RSA 362:7(b); RSA 362:7(c); 47 USC 251(h) |
|
En
402.13 |
RSA
12-P:5, IV; 362:7(b); RSA 362:7(c); 47 USC 251(h) |
|
En
402.14 |
RSA
12-P:5, IV; 47 CFR 64.1330(b) |
|
En
402.15 |
RSA
12-P:5, IV; RSA 362:2; 47 CFR 64.1330(b) |
|
En
402.16 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3 |
|
En
402.17 |
RSA
12-P:5, IV; RSA 374:22-g; 47 USC 153(44) |
|
En
402.18 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
402.19 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3 |
|
En
402.20 |
RSA
12-P:5, IV; 47 USC 225(b) |
|
En
402.21 |
RSA
12-P:5, IV; 362:2; RSA 362:7 |
|
En
402.22 |
RSA
12-P:5, IV; RSA 374:1-a; RSA 374:28-a |
|
En
402.23 |
RSA
12-P:5, IV; RSA 362:2; RSA 362:7 |
|
En
403.01 |
RSA
12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3 |
|
En
403.02 |
RSA
12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3 |
|
En
404.01 |
RESERVED |
|
En
404.02 |
RSA
12-P:5, IV; RSA 374:3; RSA 374:22 |
|
En
404.03 |
RSA
12-P:5, IV; RSA 374:3; RSA 374:22 |
|
En
404.04 |
RSA
12-P:5, IV; RSA 363-A:2 |
|
En
404.05 |
RESERVED |
|
En
404.06 |
RSA
12-P:5, IV; RSA 374:3; RSA 378:1-a |
|
En
404.07 |
RSA
12-P:5, IV; RSA 374:3; RSA 374:1 |
|
En
404.08 |
RSA
12-P:5, IV; RSA 365:6; RSA 374:4; RSA 374:18 |
|
En
404.09 |
RSA
12-P:5, IV; RSA 374:3 |
|
En
404.10 |
RSA
12-P:5, IV; RSA 362:7, III(e); RSA 374:1-a; RSA 374:3; RSA 374:59 |
|
En
404.11 |
RSA
12-P:5, IV; RSA 374:1-a; RSA 374:59 |
|
En
404.12 |
RSA
12-P:5, IV; 47 CFR 64.1330 |
|
En
405 |
RESERVED |
|
En
406.01 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a, VIII |
|
En
406.02 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a |
|
En
406.03 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 374:34-a |
|
En
407.01 |
RSA
12-P:5, IV; 47 USC 251(a); RSA 374:1; RSA 374:3; RSA 374:4 |
|
En
407.02 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a) |
|
En
407.03 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a) |
|
En
407.04 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; 47 USC 251(a) |
|
En
407.05 (a) and (b) |
RSA
12-P:5, IV RSA 374:1-a; RSA 374:59 |
|
En
407.06 |
RSA
12-P:5, IV RSA 374:22-p; 47 CFR 64.2301-2345 |
|
En
408.01 |
RSA
12-P:5, IV; RSA 363-A:2 & :4; RSA 374:1; RSA 374:3 |
|
En
408.02 |
RSA
12-P:5, IV; RSA 363-A:2 & :4; RSA 374:1; RSA 374:3; RSA 374:4 |
|
En
408.03 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:18 |
|
En
408.04 |
RSA
12-P:5, IV; RSA 91-A |
|
En
409.01 |
RSA
12-P:5, IV; RSA 374:1; RSA 374:3; RSA 374:4; RSA 641.3 |
|
En
410.01 |
RSA
12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3 |
|
En
410.02 |
RSA
12-P:5, IV; RSA 362:2; RSA 362:7; RSA 374:1; RSA 374:3 |
|
En
410.03 (a), (b) and (c) |
RSA
12-P:5, IV; RSA 365:1; RSA 374:22-p, III; RSA 374:59 |
|
En
410.04 |
RSA
12-P:5, IV; RSA 374:22-p, VIII |
|
En
410.05 |
RSA
12-P:5, IV; RSA 365:1; RSA 374:22-p |
|
En
411.01 |
RSA
12-P-5, IV; RSA 362:7, I(d)(1) and (3); RSA 363-A:2, I(c) and I(d) |
|
En
411.02 |
RSA
12-P-5, IV; RSA 362:7, I(d)(1) and (3); RSA 363-A:2, I(c) and I(d) |
|
En
412 |
RESERVED |
|
En
413.01 |
RSA
12-P:5, IV; RSA 363-A:2, III; RSA
374:34-a; RSA 374:59, II & III; 47 U.S.C. 224 |
|
En
413.02 |
RSA
12-P:5, IV; RSA 374:34-a; RSA
374:59, II & III; 47 U.S.C. 224 |
|
En
413.03 |
RSA
12-P:5, IV; RSA 374:59, II & III; 47 CFR 52.15 |
APPENDIX B
DOCUMENT INCORPORATED BY REFERENCE
|
En
406.01(a) |
National
Electrical Safety Code, 2023 Edition |
Available
at: http://techstreet.com/ieee
for non-member cost of $214 for Secure PDF or $237 for Printed Edition. IEEE
Standards Association, 3916 Ranchero Drive, Ann Arbor, MI 48108. Telephone: 1-800-699-9277 or
1-734-780-8000. |