Docket No:  IC 1 Docket Name:  METRO ONE TELECOMMUNICATIONS INC V USWC - Met Retention Submit Public Comment Subject Company:  QWEST CORPORATION     Filing Date:  12/17/1999    Public Mtg: 7/10/2001    Case Manager:  DAVE BOOTH Phone:  (503) 378-6635 Email:   dave.booth@state.or.us Law Judge:  MICHAEL GRANT Phone:  (503) 378-6102   Email Service List (semi-colon delimited)      Email Service List (comma delimited)   If you experience problems with the above 'Email Service List' links, please try one of these: Service List Popup (semi-colon delimited)     Service List Popup (comma delimited)

ACTIONS SERVICE LIST SCHEDULE Public Comments Sort By Date        Sort By Type Date: 8/1/2003 Action:  ORDER      Order No:   03-462    Description Order No. 03-462 signed by Commissioners Roy Hemmingway and Lee Beyer; Disposition: Motion to Suspend Order Denied. Copies served 8/5/03.  Date: 4/30/2003 Action:  ORDER      Order No:   03-269    Description Order No. 03-269 signed by Commissioners Roy Hemmingway, Lee Beyer and Joan H. Smith; DISPOSITION: Refund Determined. (Confidential Appendix A & B located in locked cabinet Env. #218(8)) Copies served 5/5/03.  Date: 6/18/2002 Action:  ORDER      Order No:   02-398    Description Order No. 02-398 signed by Commissioners Roy Hemmingway, Lee Beyer and Joan H. Smith; Disposition: Application for Rehearing or Reconsideration Denied. Copies served 6/19/02.  Date: 4/22/2002 Action:  ORDER      Order No:   02-289    Description Order No. 02-289--Signed by Chairman Roy Hemmingway, Commissioner Lee Beyer, and Commissioner Joan H. Smith. Disposition: Motion for Protective Order Granted In Part. Copies served to IC 1 service list via mail on 4/23/02.   Date: 2/28/2002 Action:  ORDER      Order No:   02-126    Description Order No. 02-126 signed by Chairman Roy Hemmingway, Commissioner Lee Beyer, and Commissioner Joan H. Smith. Disposition: Motion for Partial Summary Judgment Granted. Copies mailed to IC 1 service list on 3/1/02.   Date: 11/1/2000 Action:  ORDER      Order No:   00-709    Description Order No. 00-709, signed by Chairman Ron Eachus, Commissioner Roger Hamilton. Commissioner Joan H. Smith was unavailable for signature. DISPOSITION: APPLICATION FOR REHEARING OR RECONSIDERATION DENIED Commission Resolution We are not persuaded by Qwest's arguments that the FCC's UNE Remand Order automatically eliminates its obligation under the agreement to provide Metro One DALs at cost-based rates. Generally speaking, the existing law is part and parcel of every valid contract, and must be read into it as if expressly referred to or incorporated therein. U.S. Fidelity & Guaranty Co. v. Long, 214 F. Supp. 307 (D.C. Oregon 1963). For this reason, subsequent changes in the law generally have no bearing on the terms of the agreement, unless expressly contemplated by the parties. Florida East Coast Ry. Co. v. CSX Transport, Inc., 42 F.3d 1125 (7th Cir. 1994). Here, there is no dispute that, at the time Qwest and Metro One entered into the interconnection agreement, the FCC had determined that ILECs were required to provide unbundled access to DALs at cost-based rates. This obligation was incorporated into the agreement and became part of the bargained-for exchange between the parties. Although the parties contemplated that regulatory action might affect the terms of the agreement, they mutually agreed that all terms would remain in effect until any subsequent regulatory action became final and nonappealable. See Section 12.5. Regardless of whether the FCC's UNE Remand order is final under U S WEST v. Hamilton, it is not yet nonappealable. Therefore, we adhere to our prior conclusion that, until addressed by a court of final jurisdiction, the FCC's UNE Remand Order has no bearing on the interpretation of the parties' interconnection agreement. Qwest's application for rehearing or reconsideration is denied. Copies served to IC1 service list via mail 11/8/00.  Date: 10/6/2000 Action:  ORDER      Order No:   00-623    Description Order No. 00-623 signed by Chairman Ron Eachus, Commissioner Roger Hamilton, and Commissioner Joan H. Smith. DISPOSITION: PETITION FOR ENFORCEMENT GRANTED; RECORD TO REMAIN OPEN TO DETERMINE PROPER CREDIT ORDER IT IS ORDERED that: 1. Metro One's petition for enforcement of the interconnection agreement arbitrated and approved in docket ARB 100, is granted. 2. Under the terms of the interconnection agreement approved in docket ARB 100, Qwest must provide Metro One access to DALs for its entire 14-state operating region for any lawful use, including the provision of directory assistance to end-users located outside Oregon. 3. Metro One is entitled to a refund of the difference it has been forced to pay for the DALs from other providers and the amount it should have paid Qwest under the interconnection agreement. The record shall remain open to determine the proper amount of overpayment by Metro One and the amount that Qwest should credit to Metro One's account. Copies served 10/10/00 by fax and mail.  Date: 8/1/2000 Action:  ORDER      Order No:   00-421    Description Order No. 00-421, signed by Commissioner Ron Eachus, Commissioner Roger Hamilton, and Commissioner Joan H. Smith; DISPOSITION: APPLICATION FOR REHEARING OR RECONSIDERATION GRANTED. IT IS ORDERED that the Application for Rehearing or Reconsideration, filed by Qwest Corporation, is granted. The last sentence of the first full paragraph on page six of Order No. 00-213 is modified (as further explained in this order). The remainder of the order remains unchanged. Copies served 8/2/00.  Date: 4/20/2000 Action:  ORDER      Order No:   00-213    Description Order No. 00-213 signed by Ron Eachus, Roger Hamilton, and Joan Smith granting Metro One's Motion for Partial Summary Judgment and striking U S WEST's counterclaim as well as the affirmative defenses set forth in paragraphs 10, 11, 12, and 13 of its Answer. Copies served 4/21/00.