WSR 98-20-104

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Docket No. UT-970545--Filed October 7, 1998, 11:20 a.m.]



Supplemental Notice to WSR 98-03-011 and 98-12-071.

Preproposal statement of inquiry was filed as WSR 97-09-023.

Title of Rule: Local calling areas.

Purpose: To define circumstances under which the scope of subscribers' available local calling area will be expanded.

Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, and 80.36.140.

Statute Being Implemented: RCW 80.36.080.

Summary: The proposal would establish a policy favoring competition or optional calling plans to meet customer demand for expanded or alternate calling areas, yet still allow requests for expanded calling areas, and would set the criteria for considering such requests as a local calling area adequate to allow customers to reach community services, including medical facilities, police and fire departments, government offices, elementary and secondary schools, and a commercial center.

Reasons Supporting Proposal: Telephone subscribers in most existing exchanges can reach a diversity of basic services without incurring high toll charges, either because their exchanges are extensive, or because the exchange has been combined in the past into a larger local calling area. To ensure that service is sufficient for all subscribers across the state, it is necessary to provide a means for customers to request expanded local calling.

Name of Agency Personnel Responsible for Drafting: Jeffrey Showman, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1212; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

Name of Proponent: Washington Utilities and Transportation Commission, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No comments or recommendations are submitted.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule would establish a policy favoring competition or optional calling plans to meet customer demand for expanded or alternate calling areas, yet still allow requests for expanded calling areas, and would set the criteria for considering such requests as a local calling area adequate to allow customers to reach community services, including medical facilities, police and fire departments, government offices, elementary and secondary schools, and a commercial center.

Telephone subscribers in most existing exchanges can reach a diversity of basic services without incurring high toll charges, either because their exchanges are extensive, or because the exchange has been combined in the past into a larger local calling area. To ensure that service is sufficient for all subscribers across the state, it is necessary to provide a means for customers to request expanded local calling, to provide clear expectations to customers and phone companies about how such requests will be evaluated.

The effect of the rule would be to allow subscribers in exchanges that may not have access to certain basic community services via local calling to obtain such access by incorporating their exchanges into a larger local calling area with other, nearby exchanges.

Proposal Changes the Following Existing Rules: Rule would replace existing rules governing the expansion of local calling areas, WAC 480-120-400 through 480-120-435, which would be repealed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will have no fiscal impact on the industry.

RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies.

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on November 16, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Pat Valentine by November 10, 1998, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Carole Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, or e-mail to records@wutc.wa.gov, or fax (360) 586-1150, by October 30, 1998. Please include Docket No. UT-970545 in your communication.

Date of Intended Adoption: November 16, 1998.

October 7, 1998

Terrence Stapleton

for Carole J. Washburn

Secretary

OTS-1923.3

NEW SECTION



WAC 480-120-045  Local calling areas. (1) The commission may expand local calling areas only under the most exceptional circumstances. The commission will generally rely on long distance competition, local competition, and optional calling plans that assess additional charges only to participating customers to meet customer demand for alternate or expanded calling.

(2) In evaluating requests for expanded local calling, the commission will consider whether the local calling area is adequate to allow customers to call and receive calls from the following community services: Community medical facilities, police and fire departments, city or town government, elementary and secondary schools, libraries, and a commercial center. In evaluating such requests, the commission will consider the overall community of interest of the entire exchange, and may consider other pertinent factors such as customer calling patterns and the availability and feasibility of optional calling plans.



[]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 480-120-400 Purpose.

WAC 480-120-405 Definition of extended area service.

WAC 480-120-410 Local calling capability.

WAC 480-120-415 Determination of extended area service routes.

WAC 480-120-420 Revenue requirements and rate design.

WAC 480-120-425 Community calling fund.

WAC 480-120-430 Impact on current compensation arrangements.

WAC 480-120-435 Petition for waiver.

Legislature Code Reviser

Register

© Washington State Code Reviser's Office