ORDER NO. 97-447

ENTERED NOV 20 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 7

ARB 13

ARB 14

ARB 22

ARB 23

DISPOSITION: AMENDMENTS APPROVED

On September 8, 1997, U S WEST Communications, Inc., and the above referenced parties filed with the Public Utility Commission of Oregon (Commission), fully executed Type 2 Wireless Agreement Concurrence Letters. The Letters amend previously approved interconnection agreements by lowering the current nonrecurring charge for trunk routing changes. The parties seek approval of the amendments under Section 252(e)(2) of the Telecommunications Act of 1996 (Act).

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.

The Commission provided notice of the request for approval and an opportunity to comment to a list of persons who have participated in arbitrations under the Act. Comments were filed by the PUC Staff.

Staff concluded that the amendments to the previously filed agreements do not appear to discriminate against telecommunications carriers who are not parties to the agreements and do not appear to be inconsistent with the public interest, convenience, and necessity.

OPINION

The Commission has reviewed the amendments to the previously approved agreements and the comments. We conclude that there is no basis under the Act to reject the amendments. No participant in the proceeding has requested that the amendments be rejected or has presented any reason for rejection. We conclude that the amendments should be approved.

CONCLUSIONS

There is no basis for finding that the amendments to the previously approved agreements discriminate against any telecommunications carrier not a party to the agreements.

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

The amendments should be approved.

ORDER

IT IS ORDERED that the amendments to the previously approved agreements between U S WEST Communications, Inc., and Western Wireless Corporation, United States Cellular Mobile Telephone Network, Sprint Spectrum, L.P., BMCT, L.P., and AirTouch Cellular are approved.

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 applicable law.

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