ORDER NO. 97-398

ENTERED OCT 10 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UT 137

DISPOSITION: TARIFF ALLOWED TO BECOME EFFECTIVE

On January 15, 1997, United Telephone Company of the Northwest filed tariffs in Advice No. 459 to be effective April 15, 1997. The filing proposes to delete the company’s public, semi-public, and shared telephone services from its tariff. The filing also proposes to establish Coin Control Service which would be available for use with a public access line (PAL). The filing is intended to meet the requirements of Federal Communications Commission (FCC) Order 96-388, as modified by FCC Order 96-439.

On April 2, 1997, the Commission suspended the tariff for a period of time not to exceed six months from April 15, 1997.

On May 5, 1997, at the request of the parties, the docket was held in abeyance until the effective date of the FCC Orders, October 7, 1997. The orders preempt the states from regulating rates for pay telephones, effectively deregulating pay telephone services of local exchange companies throughout the United States.

CONCLUSIONS

The Commission has reviewed the tariff filing and concludes that it will merely remove from the company’s tariffs provisions which are made ineffectual by the FCC Orders cited above. We conclude that the tariff filing is reasonable and should be allowed to become effective immediately. We note that our decision is based on the federal preemption of authority over the services involved. We make no findings with respect to ORS 759.030 or any other Oregon law or regulation and do not base our decision upon such law or regulation.

ORDER

IT IS ORDERED that Advice No. 459 filed by United Telephone Company of the Northwest is allowed to become effective upon issuance of this order.

Made, entered, and effective ________________________.

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 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 ORS 756.580.