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APPEAL OF ATLANTIC CONNECTIONS

No. 91-042.

135 N.H. 510 (1992)

APPEAL OF ATLANTIC CONNECTIONS, LTD. (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

May 5, 1992.

Attorney(s) appearing for the Case

Shaines & McEachern P.A., of Portsmouth (Susannah Colt and Paul McEachern on the brief, and Mr. McEachern orally), for Atlantic Connections, Ltd.

Devine, Millimet & Branch P.A., of Manchester (Frederick J. Coolbroth on the brief and orally), for Granite State Telephone, Inc. and Merrimack County Telephone Company.

John P. Arnold, attorney general, and Eugene F. Sullivan, III, of Concord (Harold T. Judd, assistant attorney general, and Mr. Sullivan on the brief, and Mr. Judd orally), for the State, as amicus curiae.

JOHNSON, J.

Atlantic Connections, Ltd. (Atlantic) appeals from a public utilities commission (PUC) order that it cease and desist from intrastate telecommunications resale operations, pay a $5,000 fine, and apply to the PUC for a certificate of service. We affirm.

In 1988, Atlantic commenced business in Portsmouth as a reseller of long-distance telephone services without obtaining a franchise from the PUC pursuant to RSA 374:22 (1984 and Supp. 1991). According...

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