ORDER NO. 99-370
ENTERED JUN 09 1999
This is an electronic copy.
BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
ARB 133
| In the Matter of the Letter of Adoption between Pacific Wave Communications and GTE Northwest Incorporated, Adopting the Terms of the ARB 5 Agreement, Submitted for Commission Approval Pursuant to the Telecommunications Act of 1996. | ) ) ) ORDER |
DISPOSITION: AGREEMENT APPROVED
On June 1, 1999, Pacific Wave Communications and GTE Northwest Incorporated (GTE) filed with the Commission a Letter of Adoption. According to the Letter, Pacific Wave Communications and GTE 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.) GTE agrees to enter into this arrangement pursuant to 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.
The agreement which Pacific Wave Communications and GTE wish to adopt does not appear to discriminate against telecommunications carriers who were not parties to the agreement and does not appear to be inconsistent with the public interest, convenience, and necessity.
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 Pacific Wave Communications and GTE Northwest Incorporated, adopting the terms of the previously approved agreement in docket ARB 5, is approved.
Made, entered, and effective ________________________.
______________________________ Ron Eachus Chairman |
____________________________ Roger Hamilton Commissioner |
____________________________ Joan H. Smith Commissioner |
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.