ORDER NO. 99-410

ENTERED JUL 14 1999

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

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UX 21

In the Matter of the Petition of U S WEST COMMUNICATIONS, INC., to Exempt from Regulation its DS3 Service. )
)
)


ORDER

DISPOSITION: FILING SUSPENDED AN ADDITIONAL THREE MONTHS

In Order No. 99-109 we opened an investigation into USWC's petition, and suspended operation of the filing for a period of five months from February 16, 1999. On June 28, 1999, Staff filed a motion to extend the suspension period. The motion states that USWC does not oppose the motion.

Staff’s motion points out that discovery issues have arisen that need to be resolved prior to processing the rest of the case. Resolution of the discovery issues will extend the processing of this case beyond the initial five-month suspension period. Staff requests an additional suspension period of three months.

ORS 759.030(7) provides for two suspension periods when a petition is filed to exempt telecommunications services from regulation by the Commission. The initial suspension period is for five months. In addition, for good cause shown, an additional suspension period of three months may be ordered.

Good cause for the additional extension period has been shown. Substantial discovery has been requested of several participants. Some participants have raised multiple objections to requests for information. Unfortunately, the participants have been unable to settle their discovery disputes. The Administrative Law Judge has adopted a schedule for participants to file arguments on discovery issues. The process of resolving those issues will make it impossible to complete consideration of this case during the initial five-month suspension period. Additional time is needed.

ORDER

IT IS ORDERED that operation of USWC's filing to exempt from regulation its DS3 service is suspended for a period of three months after July 16, 1999.

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 of 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. A party may appeal this order to a court pursuant to ORS 756.580.