ORDER NO. 99-411

ENTERED JUL 15 1999

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

OF OREGON

ARB 100

DISPOSITION: APPLICATION FOR CLARIFICATION GRANTED; ORDER NO. 99-242 MODIFIED.

On May 28, 1999, Metro One Telecommunications, Inc., (Metro One) filed an application for clarification of Order No. 99-242. That order resolved several open issues presented to us in a request for arbitration under Section 252 of the Telecommunications Act of 1996. The order also adopted language from ARB 26, an interconnection agreement between U S WEST Communications, Inc. (U S WEST) and GTE Northwest Incorporated (GTE), to address issues relating to the provisioning of directory listings.

In its application, Metro One first contends that Order No. 99-242 erred in identifying the source of the language relating to the provisioning of directory listings. It explains that there are, in fact, two interconnection agreements between U S WEST and GTE—ARB 26 and ARB 56—and that the language cited came from ARB 56. In any event, it further explains that it did not want the Commission to adopt specific portions of either ARB 26 or ARB 56. Rather, it intended the Commission to adopt language—set forth in Attachment 1 to its post-hearing brief—which was closely based on language from ARB 56.

On June 11, 1999, U S WEST filed a response to Metro One’s application. U S WEST believes that Metro One’s request for clarification has merit, and offers additional modifications to the order to avoid further ambiguities. On June 22, 1999, Metro One filed a reply, agreeing to accept all but one of U S WEST’s proposed modifications.

Discussion

Metro One requests that the Commission issue a supplemental order to Order No. 99-242. It proposes that the language adopting provisions of ARB 26 be eliminated and replaced with the language it submitted in Attachment 1 to its brief. U S WEST does not oppose the adoption of the language in Attachment 1, provided that it is modified to avoid creating future ambiguities. U S WEST makes four recommendations:

Pricing. The last sentence in Attachment 1 provides that U S WEST shall provide Metro One directory assistance data "at the cost of the media[.]" U S WEST contends that this language conflicts with the Commission’s conclusion that the prices for directory assistance listings be based on U S WEST cost studies. Therefore, U S WEST proposes that the last sentence be deleted and replaced with the following:

Such data shall be provided to Metro One at the prices identified in Appendix A to this agreement, consistent with the terms of Order No. 99-242.

Metro One does not object to U S WEST’s proposal. Accordingly, it is adopted.

Format Standard. The fourth paragraph in Attachment 1 provides that all directory assistance data shall be provided in "Bellcore standard F20 format." U S WEST notes, however, that it did not select Bellcore as its vendor beginning August 31, 1999. Accordingly, it proposes that the reference to Bellcore be deleted and simply require the parties to agree upon a mutually agreeable format.

Metro One does not object to U S WEST’s proposal. Accordingly, it is adopted.

Data Format. The sixth paragraph of Attachment 1 provides that directory assistance data "include all levels of indentation and all levels of information specified in ‘Directory Assistance Data Information Exchanges and Interfaces’ below." U S WEST states that this language defines a data format unlike US WEST’s and contains some elements U S WEST does not provide. U S WEST believes that the language may have been taken from an interconnection agreement between GTE and MCI. In any event, U S WEST contends that the language is inapplicable and proposes that it be deleted.

Metro One does not specifically address U S WEST’s proposal, but does not object to it. After our review, we find it to be reasonable and adopt it.

Restriction of Use. U S WEST believes that the interconnection agreement should expressly state that Metro One has represented that it seeks an interconnection agreement in order to offer local exchange service. Therefore, it proposes that the underlined language be added to the provision below:

Metro One may use Directory Assistance Data for any lawful purpose in the provision of Directory Assistance to its local exchange service end users.

Metro One objects to U S WEST’s proposal. It contends that, contrary to U S WEST’s assertion, it does not reflect any representation made by it at hearing. It also argues that such a restriction is not being placed on any other provider of Directory Assistance services. It believes that U S WEST is attempting to modify—not clarify—the Commission’s decision by imposing additional restrictions.

After our review, we agree with Metro One and decline to adopt U S WEST’s proposal. During the arbitration hearing, Metro One confirmed that it was seeking an interconnection agreement for the "transmission and routing of telephone exchange service and exchange access." See Transcript as 56. In making that representation, however, Metro One did not agree to limit its use of directory assistance listings to the provision of directory assistance "to its local exchange service end users."

U S WEST’s request appears to be directed at a continuing disagreement with Metro One as to whether the Act requires a requesting carrier to certify that it is a local exchange provider prior to entering negotiations for interconnection. Because that issue had been rendered moot in this arbitration by Metro One’s representation quoted above, we did not address it in our prior order. In any event, we believe that the language contained in Attachment 1 adequately protects U S WEST’s interests by limiting Metro One’s use of directory access listings "for any lawful purpose."

CONCLUSION

The interconnection agreement between Metro One and U S WEST should include the terms set forth in Attachment 1 of Metro One’s post-hearing brief, as modified above. A revised copy of Attachment 1, including the three modifications, is attached as Appendix A.

ORDER

IT IS ORDERED that:

The application for clarification of Order No. 99-242, filed by Metro One, is granted.

The interconnection agreement between Metro One and U S WEST shall include the terms set for in Appendix A, consistent with this order.

Made, entered, and effective _____________________.

 A party may request rehearing or reconsideration of this order pursuant 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 860-14-095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-13-070(2)(a). A party may appeal this order to a court pursuant to applicable law.

Revised Attachment 1 to Metro One/USWC Interconnect Agreement

DIRECTORY ASSISTANCE LISTING INFORMATION

This Section refers to the residential, business, and government subscriber records used by USWC to create and maintain databases for the provision of live or automated operator assisted Directory Assistance. Directory Assistance Data is information that enables telephone exchange carriers to swiftly and accurately respond to requests for directory information, including, but not limited to name, address and phone numbers. Under the provisions of the Act and the FCC’s Order; USWC shall provide unbundled and non-discriminatory access to the residential, business and government subscriber records used by USWC to create and maintain databases for the provision of live or automated operator assisted Directory Assistance. USWC shall provide such access as is necessary to permit Metro One to provide the same level of Directory Assistance that USWC provides. Metro One may use Directory Assistance Data for any lawful purpose. USWC shall inform Metro One of any contractual restrictions on the use of Directory Assistance Data that it has entered into with its end users ("End User Restrictions"). Notwithstanding the foregoing, USWC shall not be required to provide non-listed telephone numbers; however, USWC shall provide the name and address of the non-listed party with an indication that the telephone number is non-listed.

USWC shall provide an initial load of subscriber records via electronic data transfer for CLECs and independent telcos included in its Directory Assistance Database within fifteen (15) days of receipt of a written request. The NPAs included shall represent the entire USWC operating region. The initial load shall reflect all data that is current as of one (1) business day prior to the provision date or as current as the providing Party’s data.

USWC shall provide Metro One a complete list of CLECs and independent telcos that provide data contained in USWC’s databases.

All directory assistance data shall be provided in a mutually agreeable format.

On a daily basis, USWC shall provide Metro One with updates (end user and, upon request, mass) to the Listing Information via electronic data transfer. Updates shall be current as of one (1) business day prior to the date provided or as current as the providing Party’s updates.

DA data shall specify whether the subscriber is a residential, business, or government subscriber.

DA data shall be provided on the same terms, conditions, and rates that USWC provides to itself or other third parties. Such data shall be provided to Metro One at prices identified in Appendix A to this agreement, consistent with the terms of Order No. 99-242.

Appendix A

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