ORDER NO. 99-207

ENTERED MAR 15 1999

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

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UA 56

DISPOSITION: TERRITORIAL TRANSFER APPROVED

Procedural Background. On July 1, 1997, CenturyTel, Inc. (CenturyTel), formerly Telephone Utilities of Oregon Inc., dba PTI Communications (PTI), filed an application to transfer allocated territory to U S WEST Communications, Inc. (USWC), pursuant to ORS 759.560. The territory in question is part of CenturyTel’s Creswell exchange. The proposed transfer of part of CenturyTel’s allocated territory to USWC resulted from a settlement reached in Commission complaint docket UC 301 (Apsel v. PTI), according to which CenturyTel agreed to extend physical facilities between USWC facilities and the premises of the complainant in that docket. CenturyTel further agreed to transfer to USWC that portion of the Creswell exchange within which the premises of the complainant and two other customers in the same area are located. Service to the three premises would thereafter be provided by USWC out of its Eugene exchange. Notice of the application was published in the Register Guard, Eugene, Oregon, on July 22 and 29, 1997. USWC filed a reciprocating application on September 15, 1997.

In its review, Commission Staff discovered some errors in CenturyTel’s initial application regarding its description of the territory it proposed to transfer to USWC. On October 14, 1997, CenturyTel filed an amendment to its application, correcting the territory description in its application. On September 25, 1998, USWC filed an amendment to its application for an order transferring the right to exclusively served territory from CenturyTel to USWC, reflecting the same amendment to the territory description.

On November 4, 1998, USWC filed another amendment to its petition, correcting line four of the territory description. On November 24, 1998, CenturyTel filed a second amendment to its application, reflecting the correction in USWC’s November 4 amendment.

Staff discovered that the applications contained another error. Consequently, on December 22, 1998, CenturyTel filed another amendment to its application. USWC filed a matching application on January 7, 1999.

As finally amended, the description of the territory sought to be transferred is:

The W1/2 of Section 6

The W1/4 of the E1/2 of Section 6

The N1/2 of the NW1/4 of Section 7

The W1/2 of the NW1/4 of the NE1/4 of Section 7.

Notice of the amended application to transfer territory was published in the Register Guard on January 11 and January 18, 1999. The notice informed the public that any affected customer may request a hearing within 30 days of the notice. No one requested a hearing.

Commission Review. Commission Staff reviewed the applications and recommends that the Commission issue an order approving the proposed transfer. Staff notes that in Oregon, telecommunications utilities commonly arrange to serve customers across their adjacent exchange boundaries when it is more economical to do so. Staff requests that the companies be required to file revised, signed, and dated exchange maps reflecting their proposed changes.

Conclusion. The Commission has reviewed the applicant’s filing, as provided in ORS 758.425, and concludes that it should be approved. CenturyTel and USWC should be required to file revised, signed, and dated exchange maps reflecting the approved changes.

IT IS ORDERED that:

1. The applications for transfer of territory between CenturyTel and USWC, as described above, are approved.

2. CenturyTel and USWC shall file revised, signed, and dated exchange maps reflecting their proposed changes.

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.