ORDER NO. 97-105

ENTERED MAR 18 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

DR 19

In the Matter of the Application of U S WEST COMMUNICATIONS, INC., for a Declaratory Ruling that the Commission’s Authority over Territory Allocation has been Preempted by the Telecommunications Act of 1996 and the FCC Rules Entered on August 8, 1996. )
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ORDER

DISPOSITION: APPLICATION DISMISSED; DOCKET CLOSED

On October 18, 1996, U S WEST Communications, Inc., (USWC) filed an application for a declaratory ruling as to whether the Commission’s authority to allow for allocation of territories and customers pursuant to ORS 759.500 et seq. has been preempted by the Telecommunications Act of 1996 and the rules entered by the Federal Communications Commission (FCC) on August 8, 1996.

The Commission considered this request at its public meeting on March 4, 1997. Staff presented a report recommending that the Commission decline to issue the ruling. Staff pointed out that the Commission has introduced legislation which would repeal ORS 759.500 through 759.570, the territory allocation statutes. Staff believes these statues conflict with the Telecommunications Act. Staff therefore recommended that the Commission delay any ruling until the Oregon Legislature acts on the proposed legislation.

CONCLUSION

Under ORS 756.450, the Commission has discretion as to whether to grant a request for a declaratory ruling. The issue raised by USWC in the request before us in this case is an important one. However, the proposed legislation relating to territory allocation will settle the question that the request raises. We will therefore adopt Staff’s recommendation and deny the request.

ORDER

IT IS ORDERED that the request for a declaratory ruling by U S WEST Communications Inc., is denied and the docket closed.

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 of 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.