ORDER NO. 98-299

ENTERED JUL 16 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 19

DISPOSITION: AMENDMENT APPROVED

On April 24, 1997, the Public Utility Comission of Oregon (Commission) approved the Agreement for Service Resale between Advanced Telecommunications, Inc., and U S WEST Communications, Inc., in Order No. 97-159. On May 8, 1998, the parties filed an amendment to the agreement adding new language to the scope of the agreement, replacing Resale Service/Rates and Charges, and Appendix A, and changing the effective date of the agreement. 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 amendment to the previously filed 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 amendment to the previously approved agreement and the comments. We conclude that there is no basis under the Act to reject the amendment. No participant in the proceeding has requested that the amendment be rejected or has presented any reason for rejection. We conclude that the amendment should be approved.

CONCLUSIONS

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

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

The amendment should be approved.

ORDER

IT IS ORDERED that the amendment to the previously approved agreement between U S WEST Communications, Inc., and Advanced Telecommunications, Inc., 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.