ORDER NO. 98-435

ENTERED OCT 26 1998

 This is an electronic copy. Appendices may not be available.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 830

DISPOSITION: STAFF RECOMMENDATION ADOPTED

On September 20, 1996, the Federal Communications Commission (FCC) issued Order 96-388, as modified by FCC Order 96-439. These orders directed each state to "review whether it has adequately provided for public interest payphones" (Order 96-388, ¶ 285). The Order also allowed the states to study the payphone issues in conjunction with issues related to the transition to market based payphone compensation.

The FCC mandated that the review be concluded by September 20, 1998. The FCC order does not, however, require states to file their reviews by September 20.

Commission Staff concluded its review and submitted a memorandum dated October 1, 1998, detailing its findings and recommendation. That memorandum is attached to this order as Appendix A and incorporated herein by reference. Staff recommends that the Commission should take no further action at this time. Staff also recommended that the Commission direct Staff to continue monitoring public complaints and inquiries regarding the availability of payphones in Oregon. Under this recommendation, Staff would report its findings to the Commission by the end of January 2000.

We have reviewed Staff’s memorandum and find it persuasive. We adopt Staff’s recommendations.

FCC Order 96-388, ¶ 60, requires each state (1) to examine and modify its regulations applicable to payphones and payphone service providers, removing rules that impose market entry or exit requirements, and (2) to ensure that payphones provide access to dial tone, emergency calls, and telecommunications relay service calls for the hearing disabled. Staff reviewed both of these requirements and concluded that formal proceedings were unnecessary because Oregon had no state regulatory impediments to entry or exit in the payphone market and that all payphones in Oregon provided the services required under (2) above.

 ORDER

IT IS ORDERED that:

1. Staff will continue to monitor public complaints and inquiries regarding the availability of payphones in Oregon.

2.  Staff will report its findings to the Commission by the end of January 2000.

Made, entered, and effective ________________________.

 A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A party may appeal this order to a court pursuant to applicable law.