Appeal of Verizon New England, Inc. d/b/a Verizon New Hampshire and another

Summary

The Supreme Court of New Hampshire reviewed a New Hampshire Public Utilities Commission decision requiring Verizon and FairPoint to stop billing competing carriers certain carrier common line access charges. The court held, under a de novo interpretation of the applicable tariff, that the charge applied to each aspect of switched access service provided, even when Verizon's common line was not physically used. The court reversed the Commission's decision.

Holdings

1. The court reviews the PUC's interpretation of NHPUC Tariff No. 85 de novo rather than deferentially.
2. Tariff No. 85 permits Verizon to impose the carrier common line access charge for each aspect of switched access service that Verizon provides, including local switching and local transport, even when the call does not traverse Verizon's common line.
3. Verizon did not violate section 4.1.1.A of Tariff No. 85 by imposing the carrier common line access charge on the disputed calls.

Questions Presented

1. Whether NHPUC Tariff No. 85 permitted Verizon to impose a carrier common line access charge on calls that did not traverse Verizon's common line but involved local switching and local transport supplied by Verizon.
2. Whether the Supreme Court of New Hampshire should defer to the PUC's interpretation of Tariff No. 85 or review that interpretation de novo.
3. Whether Verizon violated Tariff No. 85's billing provision by charging for carrier common line access service in connection with calls for which it provided local switching and local transport but not a physical common line.

Disposition

reversed