ORDER NO. 96-174
ENTERED JUL 9 1996
THIS IS AN ELECTRONIC COPY
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
CP 1, CP 14, CP 15
| In the Matter of the Application of
Electric Lightwave, Inc. for a Certificate of Authority
to Provide Telecommunications Services in Oregon. (CP 1) In the Matter of the Application of MFS Intelenet of Oregon, Inc. for a Certificate of Authority to Provide Telecommunications Services in Oregon and Classification as a Competitive Telecommunications Provider. (CP 14) In the Matter of the Application of MCI Metro Access Transmission Services, Inc. for a Certificate of Authority to Provide Telecommunications Services in Oregon and Classification as a Competitive Telecommunications Provider. (CP 15) |
) ) ) ) ) ) AMENDING ORDER ) ) ) |
DISPOSITION: STAFF MOTION FOR AMENDING ORDER GRANTED
On June 11, 1996, Commission Staff filed a motion requesting that the Commission amend Order No. 96-021 pursuant to ORS 756.568. Order No. 96-021 authorizes three competitive telecommunications providers-- Electric Lightwave, Inc. (ELI), MFS Intelenet of Oregon, Inc. (MFS), and MCIMetro Access Transportation Services, Inc. (MCIMetro)-- to offer local exchange services in the Portland metropolitan area.
Order No. 96-021, at 5, addresses the applicability of the Oregon Customer Access Plan (OCAP), and the conditions or procedures necessary to facilitate compliance with the Plan. The Order adopts a Partial Stipulation, attached as Appendix D, and states that "the applicants agree to contribute to the Oregon Customer Access Fund (OCAF) and comply with the provisions of the OCAP." The partial stipulation was executed by ELI and MFS, but not MCIMetro. The Order does not include an ordering paragraph requiring all three applicants to adhere to these requirements.
Staff requests that the Commission amend Order No. 96-021 to require all three applicants to contribute to the OCAF and to comply with the relevant provisions of the OCAP. In support of the motion, Staff notes that MCIMetro witness Nina Cornell testified that MCIMetro should be subject to the OCAP for purposes of contributing to the OCAF fund.
GTE Northwest, Incorporated and the Oregon Exchange Carrier Association filed responses supporting the Staff motion. MCIMetro did not respond to Staff’s motion, and the time for response is past.
In Order No. 96-021, the Commission intended to require that all three applicants contribute to OCAF and comply with the relevant provisions of the OCAP as a condition of authority to provide local exchange service. Staff’s motion is therefore granted. The ordering paragraphs of Order No. 96-021 are amended to include the following provision:
15. The applicants shall contribute to the Oregon Customer Access Fund and shall comply with parts V.D, VI.C, IX.D, and XI.F of the Oregon Customer Access Plan.
Made, entered, and effective ________________________.
| ______________________________ Roger Hamilton Chairman |
____________________________ Ron Eachus Commissioner |
| ____________________________ Joan H. Smith Commissioner |
A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR 860-14-095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-13-070(2). A party may appeal this order to a court pursuant to ORS 756.580.