The Oregon Court of Appeals has upheld rules implemented by state regulators requiring local exchange telephone carriers (LECs) to offer physical collocation to enhanced service providers. The court emphasized that the complaint brought by GTE Northwest Inc, an LEC, was limited to a "facial challenge" of the open network architecture (ONA) rules under state public utility law. It rejected GTE's claim that the physical collocation requirement constituted a "taking" of private property, finding that the rules did not require permanent occupation of the LEC's property, but left LECs some control over the extent and duration of the occupation by enhanced service providers. The court also rejected GTE's argument that a recent ruling by the U.S. Court of Appeals for the District of Columbia, striking down the Federal Communications Commission's physical collocation ONA rule, supported its claim that the state commission lacked statutory authority to implement a similar rule. GTE Northwest, Inc. v. Oregon, Nos. 93-852, CA A81647, Oct. 14, 1994 (Or.Ct.App.).
Articles found on this page are available to Internet subscribers only. For more information about obtaining a username and password, please call our Customer Service Department at 1-800-368-5001.