ORDER NO. 99-357

ENTERED JUN 10 1999

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

OF OREGON

CP 67

DISPOSITION: CONDITION ADDED TO ORIGINAL CERTIFICATE OF AUTHORITY

LandsEdge Communications, Inc. (applicant or LandsEdge), applied for a certificate of authority on July 7, 1995. LandsEdge requested authority to provide interexchange telecommunications service in Lincoln, Lane, and Douglas counties. On August 10, 1995, the Commission granted the application by Order No. 95-842.

In the application LandsEdge stated it intended to purchase services for resale from several carriers including Central Lincoln PUD. All the carriers, except Central Lincoln PUD, have certificates of authority to provide telecommunications service. In Order No. 95-842, we mistakenly overlooked the fact that an underlying carrier was not authorized to provide telecommunications service within Oregon. This was noted in Order No. 99-305, docket CP 604, at 2, an order granting LandsEdge additional authority in response to a more recent application.

After discussions with Commission staff, LandsEdge filed a letter on May 14, 1999. In the letter, LandsEdge stated that it did not intend to buy services directly from Central Lincoln PUD and that all services leased or resold by LandsEdge will be provided by certificated providers. A copy of that letter is shown in Appendix A to this order.

ORS 759.020(1) states:

No person, corporation, company, association of individuals or their lessees, trustees, or receivers shall provide intrastate telecommunications service on a for-hire basis without a certificate of authority issued by the Public Utility Commission under this section.

Given that legislative mandate, the Commission believes it is not in the public interest to grant a certificate of authority to an applicant when the applicant proposes to buy services for resale from a telecommunications carrier that does not have authority to sell telecommunications service in Oregon. Therefore, the Commission will not knowingly grant a certificate of authority if the applicant proposes to buy services for resale from an uncertificated carrier.

The following condition of the certificate of authority is added to the conditions to which applicant, LandsEdge, agreed in its July 1995 application. Applicant shall buy telecommunications services for resale only from certificated providers.

ORDER

IT IS ORDERED that the following condition is added to current conditions applicable to the certificate of authority for LandsEdge Communications, Inc., Order No. 95-842: LandsEdge shall buy telecommunications services for resale only from certificated providers.

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 ORS 756.580.