ORDER NO. 99-198

ENTERED MAR 12 1999

This is an electronic copy. Appendix A is not included.

OF OREGON

UT 142

DISPOSITION: STIPULATION ADOPTED

On February 23, 1998, United Telephone Company of the Northwest (UTNW), U S WEST Communications Inc., (USWC), and GTE Northwest Incorporated (GTENW) filed a joint Petition to implement a Data Distribution Center (DDC) in Oregon. A DDC would receive and process originating IntraLATA toll/access records, identify the toll carrier, and distribute the records to the transiting and terminating LECs so that they can accurately bill access charges.

A prehearing conference was held on April 21, 1998. On June 30, 1998, the parties conducted a workshop and agreed on a list of issues which was approved by the Administrative Law Judge on July 20, 1998. On July 21, 1998, the three petitioners filed opening testimony in favor of the implementation of a DDC. No testimony in opposition to the implementation of a DDC was filed.

On October 6, 1998, pursuant to a request by the parties and PUC Staff, the Administrative Law Judge suspended the procedural schedule pending submission of a stipulation addressing the issues raised in the testimony.

On March 5, 1999, the parties submitted a Stipulation to the Commission resolving all issues in the matter. The parties request that the Commission approve the Stipulation.

SUMMARY OF THE STIPULATION

The Stipulation designates the Oregon Exchange Carrier Association (OECA) as the administrator the DDC. It will administer the DDC pursuant to terms of an agreement to be executed among the participating carriers and submitted to the Commission for approval. As the administrator, OECA will select the operator of the DDC by April 5, 1999, after consultation with DDC participants.

The parties agree to participate in an OECA docket as soon as possible after Commission approval of the Stipulation to develop the DDC agreement and to test and review the operational status of the DDC. The target date for having the DDC operational for testing purposes is on or before December 31, 1999. The target date for having the DDC begin distributing, terminating, and transiting records for billing purposes is on or before July 1, 2000.

The Stipulation sets out an agreement as to the recovery of DDC costs and accounting for those costs. It also sets out an agreement as to the creation of various safeguards to ensure that appropriate records are received and processed by the DDC. The Stipulation provides that all non-incumbent LECs (CLECs) in Oregon may voluntarily elect to participate in the DDC if they meet certain conditions set out in the order.

The Stipulation provides for operation of the DDC under local number portability procedures. It also provides that LECs which have Oregon exchanges in the Boise and Spokane LATAs are not required to participate in the DDC.

The Stipulation provides that the Commission will have access to the DDC reports for the purpose of reviewing the performance of the DDC. It also provides that the Commission will treat DDC reports as exempt from disclosure as provided under Commission Administrative Rules and ORS 759.060, subject to the limitations of the Oregon Public Records Law.

DISCUSSION

The Commission has reviewed the Stipulation and the record in this matter and concludes that the Stipulation is in the public interest and should be adopted.

ORDER

IT IS ORDERED that the Stipulation submitted in this matter on March 5, 1999 is adopted. The Stipulation is attached to and made part of this Order as Appendix A.

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.