ORDER NO. 97-220

ENTERED JUN 13 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 13

DISPOSITION: AGREEMENT APPROVED; REQUEST FOR ARBITRATION DISMISSED

Introduction

On February 14, 1997, Sprint Spectrum L.P. (Sprint Spectrum)filed a petition for arbitration of an interconnection agreement with U S WEST Communications, Inc. (USWC) pursuant to §§251 and 252 of the Telecommunications Act of 1996 (the Act).

On May 16, 1997, USWC and Sprint Spectrum filed an executed Wireless Interconnection Agreement with the Public Utility Commission of Oregon (Commission). The parties represent that the negotiated agreement resolves all disputed issues and seek Commission approval of the agreement pursuant to Section 252(e) of the Act. The parties also filed an stipulation to adopt the negotiated agreement.

Under §252(e) of 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 (or any portion thereof) adopted by negotiation only if it finds:

(i) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity.

Opportunity to Comment

On May 19, 1997, the Commission served a notice and opportunity to comment upon the request for approval of the negotiated agreement. The notice was served on persons who have participated in arbitration proceedings held under the Act. Only the Commission Staff (Staff) filed comments pursuant to the notice.

Staff recommends that the Commission approve the agreement. Staff states that the agreement does not appear to discriminate against telecommunications carriers which are not a party to the agreement, and 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 argeement. No person 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, the request for arbitration filed by Sprint Spectrum is now moot. Accordingly, we find 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 negotiated interconnection agreement filed by USWC and Sprint Spectrum should be approved.

The request for arbitration filed by Sprint Spectrum is moot and should be dismissed.

ORDER

IT IS ORDERED that the negotiated agreement for wireless interconnection submitted by U S WEST Communications, Inc., and Sprint Spectrum L.P. for Commission approval pursuant to Section 252 (e) of the Telecommunications Act of 1996, is approved. The request for arbitration filed by Sprint Spectrum L.P., is dismissed.

Made, entered, and effective _____________________.

A party may appeal this order to a court pursuant to applicable law.