WSR 98-03-011

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed January 9, 1998, 11:21 a.m.]

Original Notice.

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

Title of Rule: Defining minimum local calling areas. Docket No. UT-970545.

Purpose: To define when service is sufficient with respect to the scope of subscribers' available local calling area.

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 require that each local exchange telephone company shall provide as part of its basic flat rate service a local calling area adequate to allow customers to reach community services, including medical facilities, government offices, elementary and secondary schools and a primary 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. However, in some exchanges, people still must pay toll charges for most of their calls to reach basic services or other integral parts of their local community. To ensure that service is sufficient for all subscribers across the state, it is necessary to define a minimum scope of local calling.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Paul Curl, Acting Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 753-6451.

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: The rule would require each local exchange telephone company to provide as part of its basic flat rate service a local calling area adequate to allow customers to reach community services, including medical facilities, government offices, elementary and secondary schools and a primary commercial center.

Telephone subscribers in most 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. However, in some exchanges, people still must pay toll charges for most of their calls to reach basic services or even other parts of their local community. The purpose of the rule is to help ensure that local telephone service is sufficient for all subscribers across the state.

The effect of the rule would be to allow subscribers in exchanges that currently have little or no local access to some basic services for their basic telephone rate 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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. As written, the rule establishes a flexible standard for expansion of local calling areas based on the presence of community services and a primary commercial area. This suggests the likelihood of very limited impact. The commission will undertake an examination of more significant impacts that could be associated with a more explicit standard, and file an impact statement if such a standard is ultimately added.

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 this rule change is not a significant legislative rule as defined therein.

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on March 25, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Valentine by March 19, 1998, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Paul Curl, Acting Secretary, P.O. Box 47250, Olympia, WA 98504-7250, FAX (360) 586-1150, by February 11, 1998.

Date of Intended Adoption: March 25, 1998.

January 8, 1998

Terrence Stapleton

for Paul Curl

Acting Secretary

NEW SECTION

WAC 480-120-045 Basic service to include a minimum local calling area. (1) Each local exchange company shall provide as an element of basic service, a local calling area adequate to allow customers to reach community services, including medical facilities, local government offices, elementary and secondary schools and a primary commercial center.

(2) No local calling area shall exhibit any discontinuities; i.e., the local calling area for an exchange shall contain all intervening exchange areas.

(3) "Basic service" is the minimum service a carrier may offer.

(4) Any local exchange company providing service to an exchange for which the local calling area is not adequate to meet the basic service standard as required in subsection (1) of this section shall, within ten months from the date this rule becomes effective, file price lists or tariff revisions necessary to comply with the standard. Such filings may provide for a reasonable delay in implementation if additional facilities are required.

(5) Nothing in this rule is intended to prohibit companies from offering service priced on an optional basis to a larger geographical area.