ORDER NO. 98-530

ENTERED DEC 17 1998

This is an electronic copy. Appendices and footnotes may not appear.

OF OREGON 

DISPOSITION: MOTION FOR DELAY DENIED

On October 23, 1998, we issued Order No. 98-433 ordering U S WEST Communications, Inc. (USWC) to file its dialing parity plan by November 9, 1998, and implement the plan by February 8, 1999. We established the February 8, 1999, date in Order No. 97-107 issued on March 18, 1997. According to that order, USWC was obligated to file its dialing parity plan at least six months prior to implementation of its plan. That date was August 8, 1998. When USWC did not file a dialing parity plan by August 8, 1998, our Staff filed a motion to compel USWC to file and implement a dialing parity plan. We then issued Order No. 98-433 referred to above.

On November 10, 1998, USWC and Malheur Bell Company (a wholly-owned subsidiary of USWC) filed a motion for expedited approval of its dialing parity plan and requested temporary waiver of the date for implementation of the plan. USWC and Malheur requested an extension of time until March 23, 1999, to complete implementation of their dialing parity plans. They also requested that the Commission consider their request at the Commission’s Public Meeting scheduled for December 1, 1998. On November 23, 1998, AT&T filed a response to the motion in which it objected to any delay of the implementation date. On December 1, 1998, our Staff filed a response to the motion in the form of a Staff Report to the Commission for the December 1 Public Meeting. Staff recommended that the motion for extension of time be granted.

At the Public Meeting on December 1, 1998, we decided not to adopt the Staff recommendation to delay the implementation date to March 23, 1999. The required implementation date of February 8, 1999, has been clear since we issued Order No. 97-107 in March 1997. USWC has been implementing dialing parity plans in other states, giving it experience that can be used to its advantage in Oregon. USWC also will be implementing dialing parity plans in several other states by February 8, 1999. We are determined to press forward in our quest to bring meaningful competition to the local exchange market as soon as possible.

We are very disappointed that the dialing parity plans filed by USWC and Malheur on November 9, 1998, were incomplete and contained numerous errors. They lacked a cost study, a listing of wire centers to be converted, and certain rates for conversion cost recovery. Since that date, they have filed supplements to the dialing parity plans, but the plans still are inadequate. We want to put USWC and Malheur on notice that we may pursue penalties or other remedies for their failure to file adequate dialing parity plans as ordered or for failure to implement adequate dialing parity plans by February 8, 1999.

ORDER

IT IS ORDERED that:

1.  The motion filed by USWC and Malheur Bell Company to delay implementation of their dialing parity plans is denied;

2.  USWC and Malheur Bell Company shall implement dialing parity in their service territories in Oregon by February 8, 1999.

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.