ORDER NO. 99-466

ENTERED AUG 06 1999

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

ARB 137

In the Matter of the Petition of WESTERN RADIO SERVICES Co., INC., for Arbitration of Rates, Terms, and Conditions of Interconnection with U S WEST COMMUNICATIONS INC., Pursuant to 47 U.S.C. Sec. 252(b) of the Telecommunications Act of 1996.
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ORDER

DISPOSITION: REQUEST DISMISSED

On June 24, 1999, Richard L. Oberdorfer, President of Western Radio Services Co., Inc. (Western) filed a request for the "Commission’s assistance in obtaining an interconnection agreement in accordance with Section 252(b)" of the Telecommunications Act of 1996. Several letters and accompanying attachments between Mr. Oberdorfer and U S WEST Communications Inc. (USWC) were attached to the letter of request. On July 16, 1999, Administrative Law Judge Lowell Bergen presided over a conference to discuss procedures.

Mr. Oberdorfer’s filing on June 24 referred to section 252(b) of the Telecommunications Act, which deals with compulsory arbitration. However, no petition for arbitration was included with the filing. The Administrative Law Judge asked Mr. Oberdorfer at the conference if he was requesting compulsory arbitration, or if he was requesting assistance in negotiations. He responded that he was requesting arbitration. The Administrative Law Judge explained to Mr. Oberdorfer the requirements contained in statutes and rules to initiate an arbitration proceeding, and gave him a copy of our rules relating to the requirements. Mr. Oberdorfer understood the problems with his filing; discussion at the conference then focused on negotiating an agreement between Western and USWC.

Section 252(b) of the Telecommunications Act of 1996 requires a petitioner for arbitration to file a petition with the state commission containing relevant information and documentation. The petition must state which issues have been resolved and which issues have not been resolved, and must state the position of each party on the disputed issues. Our Rule 860-016-0030 provides greater detail to assist petitioning parties. For example, the rule tells petitioners to include in their petition a proposed agreement with certain subjects addressed, and to show that the statutory time lines have been met.

Western’s filing on June 24 did not contain the required petition and information to initiate an arbitration proceeding. It is inadequate and defective as a petition for arbitration. Mr. Oberdorfer understands that and will now negotiate with USWC with the goal of signing an interconnection agreement. Commission personnel are available to assist in negotiations if the parties think Commission assistance will facilitate resolution of the disputed issues.

ORDER

IT IS ORDERED that the filing of Western on June 24, 1999, is dismissed.

Made, entered, and effective ____________________________.

______________________________
Ron Eachus
Chairman

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Roger Hamilton
Commissioner

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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.