ORDER NO. 97-474

ENTERED DEC 11 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 30

DISPOSITION: REVISED AGREEMENT APPROVED

On October 24 1997, Sterling International Funding, Inc., d.b.a. Reconex, and United Telephone Company of the Northwest, d.b.a. Sprint, filed with the Public Utility Commission of Oregon (Commission), a fully executed revised Master Resale Agreement. The parties revised the Agreement because the negotiation of the Master Resale Agreement, approved by the Commission in August 1997, was conducted under the framework of FCC regulations that were later overturned by Eighth Circuit Court of Appeals. The parties seek approval of the revised agreement under Section 252(e)(2) of the Telecommunications Act of 1996.

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 revised agreement does not appear to discriminate against telecommunications carriers who are not parties to the agreement and does not appear to be inconsistent with the public interest, convenience, and necessity.

OPINION

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

CONCLUSIONS

There is no basis for finding that the revised agreement discriminates against any telecommunications carrier not a party to the agreement.

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

The revised agreement should be approved.

ORDER

IT IS ORDERED that the revised agreement between Sterling International Funding, Inc., d.b.a. Reconex, and United Telephone Company of the Northwest, d.b.a. Sprint, is 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.