ORDER NO. 98-506

ENTERED DEC 8 1998

This is an electronic copy. Appendices and footnotes may not be included.

OF OREGON

UM 917

DISPOSITION: STAFF DIRECTED TO CONDUCT SURVEY

At the December 1, 1998 public meeting, Staff requested that the Commission issue a special order for purposes of collecting information from incumbent and competitive local exchange carriers. Staff believes that the Commission needs more information regarding the state of competition for local exchange service in Oregon. While there are over 90 competitive providers with certificates of authority to provide local exchange service, Staff states that the Commission lacks information as to how many of those are actually providing service or the nature and extent of such service.

Staff contends that additional information would be useful for regulatory activities. It notes that the Commission will eventually need to comment to the Federal Communications Commission regarding U S WEST Communications, Inc.’s application to provide in-region, interLATA services under Section 271 of the Telecommunications Act of 1996. That review will include an analysis of the state of local competition. Moreover, Staff adds that the Commission is required to report to the Legislative Assembly regarding competition in the telecommunications industry. The required information includes the number and the types of competitive services made available to customers. See ORS 759.050(9).

For these reasons, Staff requests a special order be issued directing it to conduct a survey of competition for local exchange service. It makes the request pursuant to OAR 860-032-0060(2), which governs reporting requirements of telecommunication carriers. That rule requires competitive providers to provide annual reports of their activities to the Commission. Generally, the scope of the reports is limited to interexchange toll activities, but can be expanded by a special order from the Commission. Staff adds that, in addition to these reporting requirements, all telecommunication carriers agree to respond in a timely manner to Commission inquiries.

After review, the Commission agrees with Staff’s recommendation and adopts it. Staff is directed to conduct a survey of competition for local exchange services. The information provided by both incumbent and competitive local exchange carriers will help assist the Commission in its regulatory functions.

The Commission further agrees that the results from the survey should be aggregated and that any information submitted about individual carriers be treated as confidential. The Commission will protect such information from disclosure to the extent permitted under ORS 192.501(2) of the public records law and OAR 860-032-0070.

ORDER

IT IS ORDERED that Staff is directed to conduct a survey of competition for local exchange services in Oregon. Incumbent and competitive local exchange carriers shall respond to Staff’s requests for information related to the survey. The results shall be aggregated, and all information about individual carriers shall be treated as confidential and protected from disclosure under ORS 192.501(2) of the public records law and OAR 860-032-0070.

 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 of 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. A party may appeal this order to a court pursuant to ORS 756.580.