ORDER NO. 97-167

ENTERED MAY 08 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 18

DISPOSITION: AGREEMENT APPROVED; REQUEST FOR ARBITRATION DISMISSED

Introduction

On April 2, 1997, GST Telecom, Inc., (GST) and U S WEST Communications, Inc., (USWC) filed an Agreement for Local Wireline Network Interconnection 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. GST had earlier filed a request for arbitration pursuant to Sections 251 and 252 of the federal Act. We are holding that request in abeyance pending resolution of this proceeding.

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.

Opportunity to Comment

On April 8, 1997, the Commission provided notice of the request for approval and an opportunity to comment to a list of persons who have participated in arbitration proceedings held under the Act. Only the Commission Staff (Staff) filed comments pursuant to the notice.

After its review, Staff recommends that the Commission approve the agreement. Staff concluded that the agreement does not appear to discriminate against telecommunications carriers which are not a party to the agreement. Furthermore, Staff indicated that the agreement does not appear to be inconsistent with the public interest, convenience, and necessity.

OPINION

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

Inasmuch as we conclude that the negotiated agreement should be approved, GST’s earlier filed request for arbitration is rendered moot. Accordingly, we further conclude that the request for arbitration should be dismissed.

CONCLUSIONS

There is no basis for finding that the agreement discriminates against any telecommunications carrier not a party to the agreement.

There is no basis for finding that implementation of the agreement is not consistent with the public interest, convenience, and necessity.

The agreement should be approved.

GST’s request for arbitration is moot and should be dismissed.

ORDER

IT IS ORDERED that the negotiated agreement for local wireline network interconnection and service resale between GST Telecom, Inc., and U S WEST Communications, Inc., submitted for Commission approval pursuant to Section 252 (e) of the Telecommunications Act of 1996, is approved. The request for arbitration filed by GST Telecom, Inc., is dismissed.

Made, entered, and effective _____________________.

A party may request 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.