ORDER NO. 96-274

ENTERED OCT 11 1996

This is an electronice copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

CP 112

DISPOSITION: APPLICATION GRANTED

On September 28, 1995, WinStar Wireless of Oregon, Inc., filed an application for a Certificate of Authority to provide telecommunications service in Oregon as a Competitive Provider (with no Shared Telecommunications Services). On October 26, 1995, WinStar filed an amendment to the application to clarify the geographic location and type of service proposed.

The Service Proposed

The original application described the proposed service as follows:

High capacity; non-switched (dedicated) intra-and interLATA telecommunications services, including high-speed video, data and voice communications.

 

* * * * * * * * * * * * * * * * * * * *

The microwave network of WinStar . . . involves an innovative use of the 38.6-40.0 Ghz radio band to carry high-speed, digital traffic, including voice, data, and video transmissions.

 

In its amendment to the application, WinStar stated as follows:

Specifically, WinStar does not seek to provide local exchange services. . . . WinStar . . . seeks authority to provide non-switched (dedicated) intraLATA telecommunications services, including high-speed microwave network is (sic) a wireless and fiberless network that employs high frequency microwave technology.

 

The geographic scope of the proposed service is as follows:

[WinStar seeks to] provide intraexchange service in areas coextensive with the following local exchange boundaries: The GTE Northwest Incorporated local exchanges of Clatskanie, Vernonia, Yamhill, Newberg, Dayton, McMinnville, Amity, Grand Island, Gresham, Sandy, Hoodland, Silverton, Turner, Mill City, Detroit, Beaverton, Forest Grove, Gresham, Hillsboro, Scholls, Sherwood, Stafford, Tigard, and Tualatin; and the U S West Communications, Inc. local exchanges of Warrenton, Seaside, Cannon Beach, Astoria, Rainier, St. Helens, Woodburn, Salem, Dallas, Falls City, Independence, Monmouth, Jefferson, Albany, Corvallis, Toledo, Newport, Siletz, Burlington, North Plains, Oregon City and Portland.

 

 

Jurisdiction

On April 22, 1996, the Commission issued Order No. 96-106 asserting jurisdiction over this application. The order noted that the parties have proposed an expedited process for concluding this proceeding if the Commission asserts jurisdiction. We directed them to proceed with development of stipulated findings.

Stipulation

On September 17, 1996, the parties submitted a stipulation. It contains 11 paragraphs. WinStar and Staff signed all paragraphs. U S WEST and GTE signed all except Paragraphs 4, 5, 6, 7, and 8. U S WEST and GTE did not request a hearing but noted that the Commission must have sufficient evidence in the record to support its order in this matter.

Applicable Law

In this proceeding, applicant seeks authority to provide both interexchange and intraexchange private line telecommunications services. ORS 759.020 provides, in pertinent part, that:

(1) No . . . company . . . shall provide intrastate telecommunications service on a for-hire basis without a certificate of authority issued by the Commission under this section. . . . (5) . . . If the Commission finds that a successful applicant for a certificate has demonstrated that its customers are those proposed to become customers have reasonably available alternatives, the Commission shall classify the applicant as a competitive telecommunications provider[.]

 

ORS 759.050 provides, in pertinent part, that:

 

(2)(a.) Not withstanding that provisions of ORS 759.020(3) the Commission may certify one or more persons, including another telecommunications utility, to provide local exchange telecommunications service within the local exchange telecommunications service area of a certificated telecommunications utility if the Commission determines that such authorization would be in the public interest. For the purposes of determining whether such authorization would be in the public interest, the Commission shall consider:

 

(A.) The effect on rates for local exchange telecommunications service customers both within and outside the competitive zone.

 

(B.) The effect on competition in a local exchange telecommunications service area.

 

(C.) The effect on access by customers to high-quality, innovative telecommunications service in a local exchange telecommunications service area.

 

(D.) Any other facts the Commission considers relevant.

 

(2)(b.) Upon certification of a telecommunications provider under paragraph (a) of this section, the Commission shall establish a competitive zone defined by the services to be provided by the telecommunications provider.

 

ORS 759.050(5)(a) further provides that incumbent utilities are granted pricing flexibility within the competitive zone for the services offered by the competitor, unless the Commission finds that granting pricing flexibility is not in the public interest.

Commission Conclusion

The Stipulation contains detailed findings and conclusions regarding these issues. We have examined them and conclude that this application meets the statutory test set out above and that the other provisions of the Stipulation are appropriate. We also note that the Commission has in the past used the record made in prior cases as a basis for concluding that an application is in the public interest. We therefore take official notice of the record in Electric Lightwave, Inc., UM 381, Order No. 93-1850. The findings and conclusions in that order also provide a basis for concluding that this application meets the statutory provisions set out above.

ORDER

IT IS ORDERED that:

1. The Stipulation, attached to and included in this order, is appropriate and is adopted.

2. The application of WinStar Wireless of Oregon, Inc., to provide telecommunications services as a competitive telecommunications provider is granted.

3. WinStar Wireless of Oregon, Inc., may provide dedicated transmission services between or within the following competitive zones: the GTE Northwest, Inc., local exchanges of Clatskanie, Vernonia, Yamhill, Newberg, Dayton, McMinnville, Amity, Grand Island, Gresham, Sandy, Hoodland, Silverton, Turner, Mill City, Detroit, Beaverton, Forest Grove, Hillsboro, Scholls, Sherwood, Stafford, Tigard, and Tualatin; and the U S WEST Communications, Inc.’s local exchanges of Warrenton, Seaside, Cannon Beach, Astoria, Rainier, St. Helens, Woodburn, Salem, Dallas, Falls City, Independence, Monmouth, Jefferson, Albany, Corvallis, Toledo, Newport, Siletz, Burlington, North Plains, Oregon City, and Portland.

 

 

4. GTE Northwest, Inc., and U S WEST Communications, Inc., shall have pricing flexibility for dedicated transmission services within the competitive zones listed in Paragraphs 9B and 10 of the Stipulation.

 

 

Made, entered, and effective_____________________________.

A party may request rehearing or reconsideration of this order within 60 days from the date of service pursuant to ORS 756.561. A party may appeal this order pursuant to ORS 756.580.