ORDER NO. 97-158

ENTERED APR 24 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 17

DISPOSITION: MOTION TO WITHDRAW PETITION FOR ARBITRATION GRANTED; DOCKET CLOSED

On March 10, 1997, AT&T Wireless Services, Inc., (AWS), filed with the Commission a Petition for Arbitration of Interconnection Rates with GTE Northwest Incorporated (GTE). On April 17, 1997, AWS filed a Motion to Withdraw Petition for Arbitration. In support of its motion, AWS states:

AWS and GTE Northwest Incorporated (GTE) have negotiated in the time since AWS filed its arbitration petition. By letter dated April 2, 1997, GTE sent AWS a complete interconnection agreement that resolves all matters between the parties.

The interconnection agreement between AWS and GTE incorporates rates from a proposed interconnection agreement between GTE and Western Wireless that has not yet been approved by the Commission. GTE has committed itself to execute the interconnection agreement between AWS and GTE on Commission approval of the GTE/Western Wireless agreement.

On April 3, 1997, a duly authorized officer of AWS executed GTE’s proposed interconnection agreement. AWS returned two copies of the agreement to GTE via overnight delivery on April 17, 1997. AWS withdraws its arbitration petition in this matter in reliance on the representations of GTE to AWS and to the Commission that GTE will execute and file the interconnection agreement with the Commission to obtain Commission approval pursuant to §252(e) of the Telecommunications Act of 1996 on or about the effective date of the GTE/Western Wireless interconnection agreement in Oregon.

Because there is now a complete interconnection agreement between AWS and GTE, AWS requests that the Commission permit it to withdraw its Petition for Arbitration with GTE and close this docket without further action.

The request of AWS to allow it to withdraw the Petition for Arbitration and close this docket without further action is reasonable.

ORDER

IT IS ORDERED that:

1. The Petition for Arbitration of AT&T Wireless Services, Inc., with GTE Northwest, Inc., is withdrawn.
2. This docket is closed.

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 ORS 756.580.