ORDER NO. 97-161
ENTERED APR 29 1997
This is an electronic copy.
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
ARB 1
| In the Matter of the Petition of MFS Communications Company, Inc., for Arbitration of Interconnection Rates, Terms, and Conditions Pursuant to 47 U.S.C. Sec. 252(b) of the Telecommunications Act of 1996. | ) ) ORDER ) |
DISPOSITION: MOTION TO COMPEL DENIED
On March 20, 1997, U S WEST Communications, Inc., (USWC) filed a motion requesting the Commission to compel MFS Communications Company, Inc., (MFS), to provide USWC with an executed copy of an interconnection agreement that conforms to the Commission Order No. 96-324 in this docket. The order requires MFS to submit to USWC a contract incorporating terms that reflect the Commission's final decisions. Thereafter, the order requires USWC to return the signed contract within five days. Finally, the order specifies that the agreement will be effective upon delivery to USWC. Order No. 96-324, Appendix A at 14-15.
USWC asserts that as of the date of the motion, MFS had not provided USWC with a conforming agreement and that MFS has been unable to indicate when such an agreement would be forthcoming. Finally, USWC indicates its belief that the negotiated agreement with MFS is a reasonable interconnection agreement that other parties may opt into and that approval of the MFS contract might significantly reduce the Commission's workload.
MFS did not respond to the motion.
USWC's motion is denied. The order approving the agreement did not require MFS to submit the signed contract to USWC on a specific date. The omission was intentional. The Commission is unaware of any authority giving it jurisdiction to require MFS to sign a contract or begin operations in Oregon. USWC’s motion did not cite any authority.
The argument that other competitive local exchange carriers (CLECs) have expressed interest in opting into the MFS contract is unpersuasive. If other CLECs find the terms of the MFS contract acceptable, they can sign an identical agreement with USWC and submit it to the Commission for approval under the negotiated agreement provisions of 47 U.S.C. §252(a).
Made, entered, and effective ________________________.
| ______________________________ Roger Hamilton Chairman |
____________________________ Ron Eachus Commissioner |
| ____________________________ Joan H. Smith Commissioner |
A party may appeal this order pursuant to applicable law.