ORDER NO. 99-201

ENTERED MAR 12 1999

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

OF OREGON

UA 63

DISPOSITION: TRANSFER OF TERRITORY APPROVED

Procedural Background. On December 10, 1998, Pioneer Telephone Cooperative (Pioneer) and U S WEST Communications, Inc., (USWC) filed an application for approval of a transfer of currently unserved territory from USWC to Pioneer. The area to be transferred may generally be described as the Grand Oaks Summit development in Corvallis, Oregon, bounded to the south by West Hills Road and to the north by the Southern Pacific Railroad right of way along Reservoir Avenue. The area is in the NE quarter of Section 5, T12S, R5W.

Notice of the application was served on the parties to this docket on January 5, 1999. Notice was also published in the Corvallis Gazette-Times on January 6 and 13, 1999. Both notices informed affected customers that they may request a hearing on this matter within 30 days of the notice. No one requested a hearing.

Territory to be transferred. The proposed transfer involves moving the boundary line between Pioneer and USWC territories approximately 1,114 feet between the USWC Corvallis exchange and the Pioneer Philomath exchange. The transfer would increase Pioneer’s allocated territory. The area to be transferred is not currently served. A new subdivision is being constructed in the area and without the transfer of territory would be served in part by USWC and in part by Pioneer. The developer wished to have all customers served by the same telephone company. Since most of the development lies within the Philomath exchange and since there are no USWC facilities to the area, Pioneer was chosen to serve the development. At this time, there are no customers in the area.

Both parties to the transfer filed maps and metes and bounds descriptions of the Corvallis and Philomath exchanges. The Philomath exchange description is attached to this order as Appendix A; the Corvallis exchange description is Appendix B.

Commission Review. Commission Staff reviewed this application and by memorandum dated February 19, 1999, Staff recommended that the Commission approve it. Staff supports the transfer because no current customers are affected and the transfer will allow new customers in the development to be served by a single company. Staff reasons that USWC does not currently serve the area and has no plans to provide service in the near future. Pioneer is willing to serve the area as construction moves forward. Staff requests that the Commission allow the transfer of property from USWC to Pioneer. Staff further requests that the Commission approve the revised exchange maps filed by Pioneer and USWC.

Conclusions. We conclude that the transfer of territory from USWC to Pioneer should be approved. We further conclude that the revised exchange maps filed by the companies should be approved.

IT IS ORDERED that:

1. The transfer of territory from USWC to Pioneer, as described above and reflected on the revised exchange boundary maps filed with the Commission, is approved.

2. The revised maps for boundaries of USWC’s Corvallis exchange and Pioneer’s Philomath exchange are approved.

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 in 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(2). A party may appeal this order to a court pursuant to applicable law.

Appendix A

TERRITORY SERVED BY PIONEER TELEPHONE COOPERATIVE

Beginning at the point where the mean low tide line of the Pacific Ocean meets the east-west Center Line of Section 10, T17S, R12W, Willamette Meridian, Lane County Oregon; thence easterly along the center line of said Section 10 to the center of Berry Creek; thence southeasterly upstream along Berry Creek to the S.W. corner of Section 12; thence northerly to the Northwest corner of Section 1; thence easterly to the Northeast corner of said Section 1; thence North to the Southwest corner of Section 31, T16S, R11W; thence easterly to the Southwest corner of Section 32, T16S, R10W; thence northerly to the Northwest corner of Section 5; thence easterly to the Northeast corner of Section 4, T16S, R9W; thence Southerly to the Southeast corner of Section 9; thence easterly to the Northeast corner of Section 16; thence southerly to the Southeast corner of said Section 16; thence westerly to the Northwest corner of Section 21; thence southerly to the Southwest corner of said Section 21; thence easterly to the Southeast corner of said Section 21; thence southerly to the Southeast corner of Section 9, T17S, R9W; thence westerly to the Northwest corner of the N.E. ¼ of Section 16; thence southerly to the center of Lake Creek; thence easterly along Lake Creek to the point of its intersection with the east line of Section 21, T17S, R9W; thence southerly to the northeast corner of Section 28; thence easterly to the Northwest corner of Section 30, T17S, R7W; thence northerly to the Northwest corner of Section 6, T17S, R7W; thence easterly to the Northeast corner of Section 1, T17S, R7W; thence northerly to the Northwest corner of Section 6, T16S, R6W; thence easterly to the Northeast corner of Section 6; thence northerly to the point where the Benton-Lane County Line intersects the east line of Section 7, T15S, R6W; thence easterly along the Benton-Lane County Line to the point of its intersection with the east line of Section 10; thence northerly to the point where Hammer Creek intersects the west line of Section 26, T14S, R6W; thence easterly along Hammer Creek through Sections 26 and 25, to the point where Hammer Creek and Muddy Creek converge; thence easterly along Muddy Creek through Section 25, T14S, R6W; thence northeasterly along Muddy Creek through Sections 19, 20, 17, 8, 9 and 4, T14S, R5W, to the point where Muddy Creek intersects the north line of Section 4, T14S, R5W; thence West to the Southwest corner of Section 36, T13S, R6W; thence northerly to the N.E. corner of the S.E. ¼ of Section 26; thence westerly to the N.E. corner of the S.W. ¼ of Section 27; thence North to the N.W. corner of the S.E. ¼ of Section 15; thence easterly to the N.E. corner of the S.E. ¼ of Section 14; thence northerly to the Northwest corner of Section 12; thence easterly to the Northwest corner of Section 7; thence northerly to the Northwest corner of Section 30, T12S, R5W; thence easterly to the S.E. corner of the S.W. ¼ of Section 19; thence northerly to the N.E. corner of the N.W. ¼ of said Section 19; thence easterly to the S.E. corner of the S.W. ¼ of Section 17; thence northerly the N.W. corner of the A. G. Hovey Donation Land Claim No. 43, Section 5, T12S, R5W; thence easterly along the North Line of A. G. Hovey Claim No. 43 to the Southwest corner of the John Trapp, DLC No. 38; thence northerly to the southerly line of the (Corvallis and Eastern) Southern Pacific Company’s right-of-way; thence westerly along the southerly line of the Southern Pacific Company’s right-of-way to the point of intersection with the east line of the N.W. ¼ of Section 5; thence northerly to the N.E. corner of the S.W. ¼ of Section 32, T11S, R5W; thence westerly to the N.W. corner of the S.W. ¼ of Section 36, T11S, R6W; thence northerly to the Northwest corner of Section 1; thence easterly to the Southwest corner of Section 32, T10S, R5W; thence northerly to the point where the Benton-Polk County Line intersects the west line of Section 8; thence westerly along the Benton-Polk County Line to the point where the Benton-Polk County Line intersects the west line of the N.E. ¼ of the N.E. ¼ of Section 11, T10S, R6W; thence North to the N.E. corner of the N.W. ¼ of the S.E. ¼ of Section 2; thence westerly to the N.W. corner of the N.E. ¼ of the S.E. ¼ of Section 3; thence southerly to the point where the Benton-Polk County Line intersects the west line of the N.E. ¼ of the N.E. ¼ of Section 10; thence westerly along the Benton-Polk County Line to the point of its intersection with the west line of Section 12, T10S, R7W; thence northerly to the Northwest corner of Section 1; thence westerly to the Northwest corner of Section 3; thence southerly to the point where the east-west Benton-Polk County Line intersects the east line of Section 9, thence westerly along the east-west Benton-Polk County Line to the point where the east-west Benton -Polk County line meets the north-south Lincoln-Benton County Line on the west line of Section 7; thence West along the east-west Lincoln-Polk County line to the point where the east-west Lincoln-Polk County Line meets the east line of Section 7, T10S, R8W; thence southerly to the Southeast corner of said Section 7; thence westerly to the Northwest corner of Section 17, T10S, R9W; thence southerly to the Northeast corner of the S.E. ¼ of the S.E. ¼ of Section 18; thence westerly to the N.W. corner of the S.W. ¼ of the S.W. ¼ of Section 14, T10S, R10W; thence southerly to the Southeast corner of Section 34; thence westerly to the Northeast corner of Section 4, T11S, R10W; thence southerly to the Southeast corner of said Section 4; thence westerly along the section line to a point 1,375 feet from said corner; thence due South to the mid-channel line of the Yaquina River; thence downstream along the mid-channel line of said river to its intersection with the south line of Section 9; thence easterly to the Southeast corner of said Section 9; thence southerly to the Southeast corner of Section 4, T12S, R10W; thence westerly to the Southwest corner of Section 6; thence northerly to the Northwest corner of said Section 6; thence westerly to the S.W. corner of the S.E. ¼ of Section 36, T11S, R11W; thence northerly to the N.E. corner of the S.W. ¼ of said Section 36, which point is mid-channel in the Yaquina River; thence northwesterly downstream along the mid-channel line of the Yaquina River to Yaquina Bay; thence westerly through the middle of Yaquina Bay to a point where it flows into the Pacific Ocean mid-channel between the north and south jetties; thence southwesterly to the mean low tide line of the Pacific Ocean in Section 18, T11S, R11W; thence southerly along the mean low tide line of the Pacific Ocean to the point where the mean low tide line of the Pacific Ocean meets the east-west Center Line of Section 10, T17S, R12W; the Point of the Beginning.

Appendix B

PROPOSED CORVALLIS EXCHANGE BOUNDARY

Beginning at the Southeast corner of Section 35, Township 13 South, Range 6 West, Willamette Meridian; thence North along the east line of Sections 35 and 26 to the 1/4 corner common to Sections 25 and 26; thence west along the east-west 1/4 section line of Sections 26 and 27 to the center 1/4 corner of said Section 27; thence North along the north-south 1/4 section line of Sections 27, 22, and 15 to the center 1/4 corner of said Section 15; thence East along the east-west 1/4 section line of Sections 15 and 14 to the 1/4 corner common to Sections 13 and 14; thence North along the east line of Sections 14 and 11 to the NW corner of Section 12; thence East along the north line of said Section 12 to the corner common to Sections 1 and 12, T13S, R6W and Sections 6 and 7, T13S, R5W; thence North along the west line of said Section 6 to the township corner common to Townships 12 and 13 South, Ranges 5 and 6 West; thence North along the west line of Sections 31 and 30, T12S, R5W to the NW corner of said Section 30; thence East along the north line of said Section 30 to the 1/4 corner common to Sections 19 and 30; thence North along the north-south 1/4 section line of Section 19 to the 1/4 corner common to Sections 18 and 19; thence East along the north line of Sections 19 and 20 to the 1/4 corner common to Sections 17 and 20; thence North along the north-south 1/4 section lines of Sections 17, 8, and 5, T12S, R5W to the centerline of S.W. Hills Road (Co. Road No. 25320); thence Easterly along the centerline of said S.W. Hills Road to a point on the east line, if projected southerly, of the proposed Plat of Grand Oaks Summit, the boundary of which is identified on County Survey No. 9210, Benton County Surveyor’s office; thence leaving the centerline of said S.W. Hills Road northerly along the southerly projection of the east line of said proposed plat of Grand Oaks Summit to the southeast corner thereof; thence Northerly along the east line of said proposed Plat of Grand Oaks Summit to the northeast corner thereof; thence Northerly along the east line, if projected northerly, of said proposed Plat of Grand Oaks Summit to the centerline of S.W. Reservoir Avenue (Co. Road No. 25321); thence Westerly along said centerline of S.W. Reservoir Avenue to the north-south 1/4 section line of Section 5, T12S, R5W; thence North along the north-south 1/4 section line of said Section 5 to the 1/4 corner common to said Section 5, T12S, R5W and Section 32, T11S, R5W; thence North along the north-south 1/4 section line of Section 32, T11S, R5W to the center 1/4 of said Section 32; thence west along the east-west 1/4 section line of Sections 32 and 31; thence continuing West along the east-west 1/4 section line of Section 36, T11S, R6W to the 1/4 corner common to Sections 36 and 35; thence North along the west line of Sections 36, 25, 24, 13, 12, and 1 to the NW corner of said Section 1; thence East along the line between T11S and T10S to the SW corner of Section 32, T10S, R5W; thence North along the west line of Sections 32, 29, 20, 17 and 8 to a point on the Polk and Benton County line; thence East along the county line between Polk and Benton County to the intersection of said county line with the centerline of the Southern Pacific Railroad in Section 8, T10S, R4W; thence southerly along said Southern Pacific Railroad centerline to a point on the section line between Sections 29 and 32; thence East along the north line of said Section 32 to the NE corner of said Section 32; thence South along the east line of said Section 32 to the SE corner of said Section 32; thence East along the line between T10S and T11S to the NE corner of Section 5, T11S, R4W; thence South along the east line of Sections 5 and 8 to the intersection of the east line of said Section 8 with the Linn and Benton County line; thence southerly along Linn and Benton County line to the intersection of said county line with the centerline of the Willamette River, thence southerly along said Willamette River centerline to the intersection of the Willamette River and the west line of Section 28, T11S, R4W; thence South along the west line of Sections 28 and 33 to the 1/4 corner common to Sections 32 and 33; thence East along the east-west 1/4 section line of said Section 33 to the center 1/4 corner of said Section 33; thence South along the north-south 1/4 section line of Section 33, T11S, R4W and Sections 4 and 9, T12S, R4W to the 1/4 corner common to Sections 9 and 16; thence East along the south line of Section 9 to the SE corner of said Section 9; thence South along west line of Section 15, to the 1/4 corner common to Sections 15 and 16; thence East along the east-west 1/4 section line of Section 15 to the centerline of the Burlington Northern and Santa Fe Railway Company Railroad; thence southerly along the centerline of said Burlington Northern and Santa Fe Railway Company Railroad to the east-west North 1/16 section line of Section 27, T12S, R4W; thence West along the east-west North 1/16 section line of Sections 27 and 28 to the centerline of Muddy Creek, thence southwesterly along said Muddy Creek centerline to the east-west North 1/16 section line of Section 32; thence West along the east-west North 1/16 section line of Sections 32 and 31 to the centerline of the Willamette River; thence southerly along the said Willamette River centerline to the intersection of said Willamette River with the Linn and Benton County line, near the south boundary of Section 1, T14S, R5W; thence northwesterly along the Linn and Benton County line to the intersection of said county line with the Long Tom River; thence westerly 0.4 miles, more or less, along said Long Tom River centerline to the centerline of an old channel, if extended, of the Long Tom River; thence northerly along the old Long Tom River channel centerline, to the intersection of the old Long Tom River centerline and the south line of Section 35, T13S, R5W; thence West along the line between T13S and T14S to the SE corner of Section 35, T13S, R6W and the point of beginning.