ORDER NO. 97-006

ENTERED JAN 07 1997

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

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

AR 323T

DISPOSITION: TEMPORARY AMENDMENT TO RULE ADOPTED

On October 15, 1996, the Commission initiated a Notice of Proposed Rulemaking in Docket AR 323 to remove a conflict between the requirements of the Commission’s current rule 860-035-0090 and the Federal Telecommunications Act of l996 (1996 Act).

In December 1996, US WEST Communications, Inc. and GTE Telephone Operations petitioned the Commission to waive the requirements of OAR 860-035-0090 and also requested that the Commission postpone action in AR 323 until federal rulemaking (proceeding NPRM No. FCC 96-221) is resolved.

At the January 7, 1997, public meeting, Staff recommended adoption of temporary amendment to administrative rule 860-035-0090 regarding the use of individual customer proprietary network information (CPNI). Staff also requested that the proceeding involving a permanent rule change (AR 323) in this matter be delayed.

OAR 860-035-0090 (3) requires utilities to annually notify customers of their rights to restrict access to CPNI according to the existing rule. That notice conflicts with the 1996 Act and is no longer appropriate.

The CPNI provisions of the 1996 Act were designed to protect the privacy of all telecommunications customers. In the absence of the temporary rule, telephone utilities must inform customers of their rights under current OAR 860-035-0090. In view of the pendency of permanent CPNI rulemakings by the FCC and this Commission, and the existence of the 1996 Act, such notice to the customers would confuse the multi-line business customers and impose an unnecessary administrative burden on the telephone utilities.

The Commission finds that failure to promptly take temporary rulemaking action will result in serious prejudice to the public interest and the interest of local exchange carriers (LECs). This temporary rulemaking action will avoid or mitigate these consequences by providing a rule consistent with the 1996 Act.

Appendix A is Staff’s recommendation from the January 7, 1997 public meeting, and is incorporated in this order by reference. Appendix B sets forth temporary rule 860-035-0090. Appendix C provides the statements required by ORS 183.335(5).

ORDER

IT IS ORDERED that OAR 860-035-0090, as set forth in Appendix B, is adopted for a period not to exceed 180 days, and shall be effective upon filing with the Secretary of State. Permanent rulemaking action in Docket AR 323 is delayed to accommodate any new information available from federal rulemaking proceedings NPRM No. FCC 96-221.

Made, entered, and effective .

A person may petition the Commission for amendment or repeal of a rule pursuant to ORS 183.390. A person may request judicial determination of the validity of this rule pursuant to ORS 183.400.