ORDER NO. 96-329

ENTERED DEC 19 1996

This is an electronic copy. Attachments/Appendices may not be included.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

AR 319

DISPOSITION: RULE REPEALED

OAR 860-032-0240 establishes guidelines and limitations on the ability of telemarketers to change a telephone customer’s primary interexchange carrier. The rule has become obsolete and ineffectual within the evolutionary dynamics of the competitive interexchange telecommunications industry. This rule is now both duplicated and surpassed in scope, applicability and enforceability by the Federal Communications Commission’s (FCC) Order No. 95-225. Consumer redress currently available under OAR 860-032-0240 is also available under FCC rules.

On August 27, 1996, the Oregon Public Utility Commission filed a Notice of Proposed Rulemaking with the Secretary of State and served it on all interested parties. The notice set out the proposed action and included a Statement of Need, Statutory Authority, Principal Documents Relied Upon, Economic and Fiscal Impact, and an Advisory Committee statement. The notice invited interested persons to file written comments or request a hearing. The Secretary of State published notice of this action in the Oregon Bulletin.

Supporting comments were filed by U S WEST Communications, Inc. (USWC) and GTE Telephone Operations. Comments filed by Telnet, Inc. referred to problems with the current rule and asked to be identified as an interested party. However, no one requested a hearing, nor were any opposing comments received.

OAR 860-032-0240 has served its purpose, and now is unnecessary.

ORDER

IT IS ORDERED that OAR 860-032-0240 is repealed in its entirety, effective upon filing with the Secretary of State.

Made, entered, and effective _________________________________.

BY THE COMMISSION:

A party may request judicial determination of the validity of this rule pursuant to ORS 183.400.