ORDER NO. 97-261

ENTERED JUL 09 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 542

In the Matter of an Investigation into a Petition for Assignment of an Abbreviated Dialing Code, filed by INFODIAL INC. )
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ORDER

DISPOSITION: PETITION DENIED; INVESTIGATION CLOSED

On September 8, 1992, Infodial Inc. filed a petition requesting the Commission to direct all local exchange telephone carriers in Oregon to assign an abbreviated N11 dialing code to Infodial. The Commission considered the Infodial petition at its October 27, 1992, and January 12, 1993, public meetings and decided to open a proceeding to investigate Infodial's petition. In Order No. 93-650, entered on May 4, 1993, the Commission granted Staff’s motion to stay the proceeding pending developments 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 entities like Infodial.

On June 3, 1997, the Commission’s Staff filed a motion to dismiss Infodial’s petition and close the proceeding. Staff served its motion on all parties, including Infodial. 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 Infodial. 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 Infodial Inc. to be assigned an abbreviated dialing code is denied;
  2. The Commission’s investigation of abbreviated dialing codes is terminated, and 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.