ORDER NO. 99-109

ENTERED FEB 19 1999

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

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UX 21

In the Matter of the Petition of U S WEST COMMUNICATIONS, INC. to Exempt From Regulation U S WEST'S DS3 Service. )
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ORDER

DISPOSITION: FURTHER INVESTIGATION ORDERED

On December 17, 1998, U S WEST Communications, Inc. (USWC) filed a petition for an order exempting its DS3 Service from regulation. ORS 759.030(7) requires us to determine the appropriateness of the filing or to decide to investigate the matter further by February 16, 1999.

At our February 2, 1999, public meeting, our Staff presented a Staff Report relating to USWC's petition. Staff recommended that we investigate the matter further because USWC provided insufficient information with its petition to satisfy the statutory requirements established in ORS 759.030 for consideration of petitions for deregulation. We adopted Staff’s recommendation because we have insufficient information on which to base the findings that we must make before exempting telecommunications services from regulation. A copy of the Staff Report is attached to this order.

ORDER

IT IS ORDERED that:

1. An investigation is opened to determine whether we should grant or deny USWC's petition for deregulation of its DS3 Service;

2. Pursuant to ORS 759.030(7), operation of USWC's filing is suspended for a period of five months after February 16, 1999.

Made, entered, and effective ____________________________.

______________________________
Ron Eachus
Chairman

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Roger Hamilton
Commissioner

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Joan H. Smith
Commissioner

 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.