ORDER NO. 98-307

ENTERED JUL 22 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

CP 225

DISPOSITION: APPLICATION DIMISSED WITHOUT PREJUDICE

On February 29, 1996, AT&T Communications of the Pacific Northwest, Inc., (AT&T) filed an application to provide switched intraexchange telecommunication services in all areas of the state except those exchanges within the Portland metropolitan area designated as competitive zones under ORS 756.050. The Commission docketed the request as CP 139.

At the request of AT&T and numerous independent telephone companies, the application was bifurcated to separate out those portions relating to areas served by local exchange companies other than U S West Communications, Inc., GTE Northwest Incorporated, United Telephone Company of the Northwest, CenturyTel, and Beaver Creek Cooperative Telephone Company. Accordingly, this docket, CP 225, was established to address AT&T’s request to provide competitive services in the allocated territories of the small telecommunications utilities.

After this docket was held in abeyance at AT&T’s request, Michael Grant, an Administrative Law Judge (ALJ) for the Commission, held a prehearing conference in this matter on October 28, 1997. Pat Hickey, authorized representative, appeared on behalf of AT&T. Michael Weirich, Assistant Attorney General, appeared on behalf of the Commission Staff (Staff). Michael Morgan and Zach Wright, attorneys, appeared on behalf of the Oregon Telephone Association and the Independent Telephone Companies. Jim Stringer, authorized representative, appeared on behalf of GVNW Incorporated.

At the prehearing conference, the parties agreed to work among themselves to prepare a stipulated order that would grant the application of AT&T with conditions. The parties indicated that they would need approximately thirty days to discuss this matter with all affected telephone companies and hoped to submit a stipulated order for Commission review by December 1997.

No stipulated order was submitted. In February, 1998, ALJ Grant asked the parties to file a status report indicating the progress on the docket. Counsel for AT&T and the Oregon Telephone Association (OTA) each filed reports indicating that a proposed joint stipulated order was circulating and that AT&T would keep the Commission apprised of the situation.

After several months of no activity, ALJ Grant issued another memorandum asking for a status report from the parties. The memorandum, issued June 24, 1998, noted that AT&T had informally told Staff that the company was considering withdrawing the application, but had not filed anything in writing to confirm that decision. The memorandum asked AT&T to indicate whether it was still interested in pursuing this application. If nothing had been filed by July 9, 1998, the memorandum stated that the Commission would assume that AT&T intends to withdraw its application and prepare an order closing the docket.

No report was filed, and the time for doing so has passed. Accordingly, the Commission assumes that AT&T is no longer interested in pursuing this matter. There being no reason to keep this docket open, AT&T’s application is hereby dismissed without prejudice.

ORDER

IT IS ORDERED that the application to provide competitive services in the allocated service territories of the small telecommunications utilities, filed by AT&T Communications of the Pacific Northwest, Inc., is dismissed without prejudice.

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 pursuant to ORS 756.580.