ORDER NO. 97-047

ENTERED FEB 10 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 12

DISPOSITION: AGREEMENT APPROVED

On November 18, 1996, Citizens Telecommunications Company and U S WEST Communications, Inc., (U S WEST) filed an Agreement for Service Resale with the Public Utility Commission of Oregon (Commission). The parties seek approval of the agreement under Section 252(e)(2) of the Telecommunications Act of 1996.

Under the Act, the Commission must approve or reject an agreement reached through voluntary negotiation within 90 days of filing. The Commission may reject an agreement only if it finds that:

the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or

the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity.

The Commission provided notice of the request for approval and an opportunity to comment to a list of persons who have participated in arbitrations under the Act. Comments were filed by the PUC Staff and MCI Telecommunications, Inc. (MCI).

Staff concluded that the agreement does not appear to discriminate against telecommunications carriers who are not parties to the agreement and does not appear to be inconsistent with the public interest, convenience, and necessity.

MCI stated that it does not oppose approval of the agreement. It requested, however, that the Commission condition approval upon the following three findings:

That approval is not in any manner precedential with respect to carriers who may seek to negotiate interconnection and resale agreements in the future.

That approval does not carry with it any conclusion with respect to Section 251 compliance.

That the agreement is not a relevant agreement for the purpose of Section 271 of the Act.

OPINION

The Commission has reviewed the agreement and the comments. We conclude that there is no basis under the Act to reject the agreement. No participant in the proceeding has requested that the agreement be rejected or has presented any reason for rejection. We conclude that the agreement should be approved.

We decline to impose the conditions requested by MCI. Our task under the Act is to approve or reject the agreement under the standards set out in the Act. We find no basis in the Act for the imposition of conditions. Moreover, we conclude that the specific conditions requested by MCI are unnecessary and inappropriate. The proposed conditions involve factual and legal issues that might arise in later proceedings involving other parties. Nothing would be gained by premature adjudication of these matters.

CONCLUSIONS

1. There is no basis for finding that the agreement discriminates against any telecommunications carrier not a party to the agreement.
2. There is no basis for finding that implementation of the agreement is not consistent with the public interest, convenience, and necessity.
3. The agreement should be approved.

ORDER

IT IS ORDERED that the agreement between U S WEST Communications and Citizens Telecommunications Company is approved.

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(2). A party may appeal this order to a court pursuant to applicable law.