WSR 99-07-107

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. UT-971514-- Filed March 23, 1999, 2:03 p.m. ]

Supplemental Notice to WSR 97-23-087 [Original Notice].

Preproposal statement of inquiry was filed as WSR 97-23-087.

Title of Rule: Privacy in commercial telecommunications; regulating telecommunication company use of customer proprietary network information (CPNI).

Purpose: Correct and implement prior revisions and bring this section into consistency with WAC 480-120-144, 480-120-151, 480-120-152, 480-120-153, and 480-120-154.

Other Identifying Information: Amend WAC 480-120-139 by deleting subsection (5).

Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 81.04.160.

Summary: The proposal would amend the rule to remove reference to CPNI and privacy in WAC 480-120-139(5) to bring Washington state regulation of CPNI and customer privacy into consistency with federal regulations.

Reasons Supporting Proposal: The proposal would provide consistency between WAC 480-120-139 by deleting provisions that have been adopted and expanded upon in WAC 480-120-144, 480-120-151, 480-120-152, 480-120-153, and 480-120-154.

Name of Agency Personnel Responsible for Drafting: Rebecca Beaton, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1287; 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.

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

Explanation of Rule, its Purpose, and Anticipated Effects: In an earlier phase of this rule making, the commission adopted provisions relating to privacy that were to replace existing language in WAC 480-120-139(5). This proposal would delete subsection (5) to make the rule consistent with the newly-adopted provisions.

Proposal Changes the Following Existing Rules: Amend WAC 480-120-139 to remove subsection (5), relating to consumer privacy with respect to customer provided network information (CPNI) in the possession of telecommunications companies.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal has no fiscal impact.

RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies, and the proposal is not one that would be subject to the statutory requirements.

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on April 28, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Pat Valentine by April 26, 1999, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, or e-mail to <records@wutc.wa.gov>, fax (360) 586-1150, by April 14, 1999. Please include Docket No. UT-971514 in your communication.

Date of Intended Adoption: April 28, 1999.

March 23, 1999

Carole J. Washburn

Secretary

OTS-2946.1


AMENDATORY SECTION(Amending Order R-442 and Order R-443, Docket No. UT-960942, filed 8/29/97 and 9/29/97, effective 9/29/97 and 10/30/97)

WAC 480-120-139
Changes in local exchange and intrastate toll services.

(1) Verification of orders.  A local exchange or intrastate toll carrier to whom service is being changed ("new telecommunications company") may not submit a change order for local exchange or intrastate toll service until the order is confirmed in accordance with one of the following procedures:

(a) The telecommunications company has obtained the customer's written authorization to submit the order which includes the following information from the customer:

(i)The customer billing name, billing telephone number and billing address and each telephone number to be covered by the change order;

(ii) The decision to change; and

(iii) The customer's understanding of the change fee.

(b) The new telecommunications company has obtained the customer's authorization, as described in (a) of this subsection, electronically.

Telecommunications companies electing to confirm sales electronically shall establish one or more toll free telephone numbers exclusively for that purpose.

Calls to the number(s) shall connect a customer to a voice response unit, or similar, that records the required information regarding the change, including automatically recording the originating automatic number identification (ANI).

(c) An appropriately qualified and independent third party operating in a location physically separate from the telemarketing representative has obtained the customer's oral authorization to submit the change order that confirms and includes appropriate verification data in (a) of this subsection.

(2) Implementing order changes.

(a) Telemarketing orders.  Within three business days of any telemarketing order for a change, the new telecommunications company must send each new customer an information package by first class mail containing at least the following information concerning the requested change:

(i) The information is being sent to confirm a telemarketing order placed by the customer.

(ii) The name of the customer's current telecommunications company.

(iii) A description of any terms, conditions or charges that will be incurred.

(iv) The name of the newly requested telecommunications company.

(v) The name of the person ordering the change.

(vi) The name, address and telephone number of both the customer and the soliciting telecommunications company.

(vii) A postpaid postcard which the customer can use to deny, cancel or confirm a service order.

(viii) A clear statement that if the customer does not return the postcard, the customer's service will be switched fourteen days after the date the information package was mailed.  If customers have cancelled their orders during the waiting period, the new telecommunications company cannot submit the customer's order.

(ix) The name, address and telephone number of a contact point at the commission for consumer complaints.

(x) The requirements in (a)(vii) and (viii) of this subsection do not apply if authorization is obtained pursuant to subsection (1) of this section.

(b) The documentation of the order shall be retained by the new telecommunications company, at a minimum, for twelve months to serve as verification of the customer's authorization to change telecommunications company.  The documentation will be made available to the customer and to the commission upon request.

(3) Customer initiated orders.  The new telecommunications company receiving the customer initiated request for a change of local exchange and/or intrastate toll shall keep an internal memorandum or record generated at the time of the request.  Such internal record shall be maintained by the telecommunications company for a minimum of twelve months to serve as verification of the customer's authorization to change telecommunications company.  The internal record will be made available to the customer and to the commission upon request.  Within three business days of the order, the telecommunications company must send each new customer an information package by first class mail containing at least the following information concerning the request to change as defined in subsection (2)(a)(ii), (iii), (iv), (v) of this section.

(4) Remedies.  In addition to any other penalties provided by law, a telecommunications company initiating an unauthorized change order shall receive no payment for service provided as a result of the unauthorized change and shall promptly refund any amounts collected as a result of the unauthorized change.  The subscriber may be charged, after receipt of the refund, for such service at a rate no greater than what would have been charged by its authorized telecommunications company, and any such payment shall be remitted to the customer's authorized telecommunications company.

(5) Use of customer information.

(((a) A telecommunications company marketing services may not use its customer proprietary network information or the customer proprietary network information of another telecommunications company.

(b) Except to provide its own billing, collection, network operations, and as authorized by law, a telecommunications company may not disclose customer proprietary network information.

(c) A telecommunications company may not make telephone solicitation or telemarketing calls using its list of customers with nonpublished or unlisted numbers unless it has notified each such customer at least once in the past year that the company makes such calls to its customers with nonpublished or unlisted numbers and that the customer has a right to request that the company make no such calls.))

[Statutory Authority: RCW 80.01.040.  97-18-056 and 97-20-095 (Order R-442 and Order R-443, Docket No. UT-960942), 480-120-139, filed 8/29/97 and 9/29/97, effective 9/29/97 and 10/30/97.]

Washington State Code Reviser's Office