ORDER NO. 99-445

ENTERED JUL 26 1999

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

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 136

In the Matter of the Letter of Adoption Between FirstWorld Communications and GTE Northwest Incorporated, Adopting the Terms of the ARB 9 Agreement, Submitted for Commission Approval Pursuant to Section 252(i) of the Telecommunications Act of 1996. )

)

) ORDER

DISPOSITION: AGREEMENT APPROVED

On June 23, 1999, FirstWorld Communications and GTE Northwest Incorporated (GTE) filed with the Commission an Interconnection Agreement Letter of Adoption. According to the Letter of Adoption, FirstWorld Communications and GTE agree to adopt the terms of the arbitrated agreement between MCImetro Transmission Services, Inc., and GTE that was approved by the Commission in docket ARB 9. (See Order Nos. 97-389 and 98-467.) 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 FirstWorld 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

  1. The agreement adopts the terms and conditions of the agreement previously approved in ARB 9.
  2. The agreement should be approved.

ORDER

IT IS ORDERED that the Letter of Adoption between FirstWorld Communications and GTE Northwest Incorporated, adopting the terms of the previously approved agreement in docket ARB 9, 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.