ORDER NO. 98-256

ENTERED JUN 25 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 69

In the Matter of the Interconnection and Resale Agreement between Village Telephone, Inc., and U S WEST Communications, Inc., Adopting the Terms of the ARB 10 Agreement, Submitted for Commission Approval Pursuant to the Telecommunications Act of 1996. )

)ORDER

)

DISPOSITION: AGREEMENT APPROVED

On June 5, 1998, Village Telephone, Inc., (Village) and U S WEST Communications, Inc., (U S WEST) filed with the Commission an Agreement to Adopt Arbitrated Interconnection Agreement. According to the Agreement to Adopt, Village and U S WEST agree to adopt the terms of the arbitrated agreement between Sprint Communications and U S WEST that was approved by the Commission in docket ARB 10. (See Order No 97-219.) The parties seek approval of the agreement under Section 252(e) of the Telecommunications Act of 1996.

Under Section 252 (e) of 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.

In docket ARB 10, the Commission concluded that the interconnection agreement which U S WEST and Village wish to adopt comports with the requirements of the Act, the Federal Communications Commission rules where applicable, and relevant state law. The Commission further concluded that the agreement approved in ARB 10 does not violate Section 252(e).

OPINION

We conclude that there is no basis under the Act to reject the agreement and that the agreement should be approved.

CONCLUSIONS

The agreement adopts the terms and conditions of the agreement previously approved in ARB 10.

The agreement should be approved.

ORDER

IT IS ORDERED that the agreement between Village Telephone, Inc., and U S WEST Communications, Inc., adopting the terms of the previously approved agreement in ARB 10, is approved.

Made, entered, and effective ________________________.

______________________________

Ron Eachus

Chairman

____________________________

Roger Hamilton

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 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.