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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Public Utilities Commission No. 2008-645

APPEAL OF VERIZON NEW ENGLAND, INC. d/b/a VERIZON NEW HAMPSHIRE & a. (New Hampshire Public Utilities Commission) Argued: April 7, 2009 Opinion Issued: May 7, 2009 Orr & Reno, P.A., of Concord (Susan S. Geiger on the joint brief and orally), for the petitioner, Freedom Ring Communications, LLC d/b/a BayRing Communications, and intervenor One Communications. Hinckley, Allen & Snyder, LLP, of Concord (Daniel M. Deschenes on the joint brief), and Jay E. Gruber, of Boston, Massachusetts, on the joint brief and orally, for intervenor AT&T Corporation. Munger, Tolles & Olson, LLP, of Los Angeles, California (Henry Weissmann on the joint brief and orally), and McLane, Graf, Raulerson & Middleton, P.A., of Portsmouth (Sarah B. Knowlton on the joint brief), and Alexander W. Moore, of Boston, Massachusetts, on the joint brief, for respondent Verizon New England, Inc. d/b/a Verizon New Hampshire.

Devine, Millimet & Branch, P.A., of Concord (Frederick J. Coolbroth & a. on the joint brief), for respondent Northern New England Telephone Operations LLC d/b/a FairPoint Communications - NNE. DALIANIS, J. The respondents, Verizon New England, Inc. d/b/a Verizon New Hampshire (Verizon) and Northern New England Telephone Operations d/b/a FairPoint Communications

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