ORDER NO. 97-103

ENTERED MAR 14 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 839

DR 17

In the Matter of the Petition of GTE NORTHWEST INCORPORATED Regarding Facilities of Shared Service Providers, and for a Declaratory Ruling or Amendment of Rule. ) ORDER AND

) NOTICE OF

) PROCEDURAL CONFERENCE
)

DISPOSITION: PETITION RECEIVED AND INVESTIGATION OPENED

On November 25, 1996, GTE Northwest Incorporated (GTE) filed a petition under Commission Rule OAR 860-032-0045. That rule relates to obtaining the use of shared services facilities. GTE states that it has been unable to reach agreement with Shared Communications, Services, Inc. (SCS) about whether a charge should be levied when GTE connects to customers who reside in residential complexes where SCS asserts ownership or control of inside wire at the premises. GTE also requests a declaratory ruling as to the application of OAR 860-032-0045 to the dispute, and/or amendment of the rule. SCS has not filed a response to the petition.

At its March 4, 1997, public meeting, the Commission considered GTE's filing. Commission Staff recommended that a proceeding be opened to consider all issues presented in the petition. Staff's recommendation is attached as Appendix A and is incorporated by reference. Appendix A provides background information and additional details concerning the petition. The Staff recommendation is adopted.

GTE's filing was docketed as DR 17 when it was received by the agency. The "DR" designation signifies a request for a Declaratory Ruling. GTE's petition involves much more than a request for a declaratory ruling. A more appropriate docket designation would be "UM" for Utility Miscellaneous. Docket No. DR 17 will be closed and this proceeding will now be designated as UM 839.

ORDER

IT IS ORDERED that this proceeding is opened to consider GTE's petition as well as its request for a declaratory ruling and/or a rule amendment.

NOTICE IS GIVEN that a procedural conference will be held as follows:

DATE: April 1, 1997

TIME: 9:30 a.m.

PLACE: Small Hearing Room

Public Utility Commission

550 Capitol St. NE

Salem OR 97310-1380

Administrative Law Judge: Lowell Bergen

Made, entered, and effective ________________________________________.

______________________________

Roger Hamilton

Chairman

____________________________

Ron Eachus

Commissioner

  ____________________________

Joan H. Smith

Commissioner

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 OAR860-014-0095. 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). A party may appeal this order to a court pursuant to ORS 756.580.