ORDER NO. 97-260

ENTERED JUL 09 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 634

In the Matter of an Investigation into a Petition for Assignment of an Abbreviated Dialing Code, filed by CITY OF ROSES NEWSPAPER COMPANY, dba WILLAMETTE WEEK )
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ORDER

DISPOSITION: PETITION DENIED; INVESTIGATION CLOSED

On October 26, 1993, the City of Roses Newspaper Company, dba Willamette Week (Roses), filed a petition for assignment of an abbreviated N11 dialing code. The petition stated that Roses opposes the use of dialing codes for commercial enterprises, but if the Commission decided to make abbreviated dialing codes available for commercial use, Roses requested that one be assigned to it. On December 6, 1993, Lowell Bergen, the Administrative Law Judge assigned to this proceeding, issued a Memorandum putting Roses’ petition in abeyance pending action by the Federal Communications Commission (FCC) in its rulemaking Docket No. CC 92-105.

The FCC has now issued Order No. 97-51 in its Docket No. CC 92-105. The FCC held that the Telecommunications Act of 1996 grants the FCC exclusive authority and jurisdiction over the North American Numbering Plan, including abbreviated dialing codes. The FCC declared that the states have no authority to permit the use of N11 dialing codes inconsistent with FCC Order No. 97-51. Most of the available dialing codes are already reserved for special uses, and the FCC determined that the remaining dialing codes should be reserved for assignment at a future time in a way which would best serve the public interest. The FCC considered and rejected requests to assign N11 codes to commercial entities like Roses.

On June 3, 1997, the Commission’s Staff filed a motion to dismiss Roses’ petition and close the proceeding. Staff served its motion on all parties, including Roses. No response to the motion has been filed.

The Commission agrees with the FCC that N11 codes are a national resource which should be assigned to further the public interest. We therefore decline to order local exchange companies to assign an abbreviated dialing code to Roses. Because we agree with the decision of the FCC, we take no position on whether the FCC's preemption of state action on abbreviated dialing codes is appropriate or within its jurisdictional authority.

ORDER

IT IS ORDERED that:

  1. The petition of Roses to be assigned an abbreviated dialing code is denied;
  2. This proceeding is 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.