ORDER NO. 96-278

ENTERED OCT 24 1996

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UT 129

DISPOSITION: STIPULATION ADOPTED

On January 12, 1996, the Commission issued Order No. 96-021 in which it directed GTE Northwest Incorporated (GTE) to file a tariff offering local interim number portability. GTE subsequently made two compliance tariff filings, both of which were approved by the Commission subject to refund and investigation. As part of the investigation, Administrative Law Judge Lowell Bergen presided over a procedural conference and established a schedule for future events, including a settlement conference. He also adopted the issues list proposed by the Commission's Staff.

GTE, Staff and the other parties worked together to resolve the matters in dispute. As a result, GTE agreed to modify its interim number portability tariff filing. The parties then worked on a stipulation to memorialize their agreement about the GTE tariff and other issues. On September 16, 1996, GTE filed the attached stipulation.

In the stipulation, the parties agree that GTE's proposed tariff complies with the requirements of Order No. 96-021. The stipulation does not resolve all the issues surrounding the Federal Communications Commission's (FCC) Report and Order in its CC Docket

No. 95-116, which was issued after the procedural conference was held in this proceeding. The FCC order addresses number portability issues, including cost recovery mechanisms and switched access revenues. In the stipulation, the parties agree that the rates the Commission approves in this order will be subject to true-up or refund depending on the Commission's consideration of those issues. The parties also recommend that this proceeding be left open while the parties and the Commission consider the issues raised by the FCC number portability order.

Based on the evidence submitted, the Commission finds that the interim number portability tariff proposed by GTE meets the requirements of Order No. 96-021. The Commission concludes that it should approve the stipulation. The stipulation and its accompanying tariff sheet (2nd Revised Sheet 10, entitled "Alternative Exchange Carriers Service") are attached to this order and incorporated into it.

ORDER

IT IS ORDERED that:

1. The stipulation and attached tariff sheet filed by GTE on September 16, 1996, is adopted.

2. This proceeding remains open to consider the effects of the FCC Report and Order in its CC Docket No. 95-116.

Made, entered, and effective ________________________________________.

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

860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.

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