ORDER NO. 99-278
ENTERED APR 16 1999
This is an electronic copy. Appendices and footnotes may not appear.
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
ARB 121
| In the Matter of the Interconnection Agreement between Harmony International and GTE Northwest Incorporated, Adopting the Terms of the ARB 5 Agreement, Submitted for Commission Approval Pursuant to Section 252(i) of the Telecommunications Act of 1996. | ) ) ) ORDER |
DISPOSITION: AGREEMENT APPROVED
On April 5, 1999, Harmony International and GTE Northwest Incorporated filed with the Commission an Interconnection Agreement Letter of Adoption. According to the Letter of Adoption, Harmony International and GTE Northwest Incorporated agree to adopt the terms of the arbitrated agreement between AT&T Communications of the Pacific Northwest, Inc., and GTE Northwest Incorporated that was approved by the Commission in docket ARB 5. (See Order No. 99-028.) The parties seek approval of the agreement under Section 252(i) of the Telecommunications Act of 1996.
Under Section 252 (e) of the Act, the Commission must approve or reject an agreement reached through voluntary negotiation within 90 days of filing. The Commission may reject an agreement only if it finds that:
the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or
the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity.
In docket ARB 5, the Commission concluded that the agreement which Harmony International and GTE Northwest Incorporated wish to adopt comports with the requirements of the Act, the Federal Communications Commission rules where applicable, and relevant state law. The Commission further concluded that the agreement approved in ARB 5 does not violate Section 252(e). The Commission notes that Harmony International does not have a certificate of authority issued by this Commission to provide intrastate telecommunications services.
OPINION
We conclude that there is no basis under the Act to reject the agreement and that the agreement should be approved.
CONCLUSIONS
The agreement adopts the terms and conditions of the agreement previously approved in ARB 5.
The agreement should be approved.
ORDER
IT IS ORDERED that
The agreement between Harmony International and GTE Northwest Incorporated adopting the terms of the previously approved agreement in ARB 5, is approved.
Harmony International must obtain a certificate of authority from this Public Utility Commission before it provides intrastate telecommunications services.
Made, entered, and effective ____________________________.
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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.