WSR 98-18-106

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Docket No. UT-971664--General Order No. R-449--Filed September 2, 1998, 11:42 a.m.]

In the matter of amending WAC 480-122-020 and 480-122-070 relating to the Washington telephone assistance program.

statutory or other authority: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 98-12-070, filed with the code reviser on June 1, 1998. The commission brings this proceeding pursuant to RCW 80.01.040.

statement of compliance: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

date of adoption: The commission adopted this rule on July 8, 1998.

concise statement of purpose and effect of the rule: The rule revisions address the Washington telephone assistance program rate and recovery of costs administration. The revisions will improve efficiency and reduce administrative effort in this program by allowing the commission to set the program rate through the commission order process.

reference to affected rules: This rule amends the following sections of the Washington Administrative Code: WAC 480-122-020 and 480-122-070, by changing the means of adoption of the pertinent rate from rule making to commission order, and by amending a reference to the process to be consistent with this change.

preproposal statement of inquiry and actions thereunder: The commission filed a preproposal statement of inquiry (CR-101) on April 10, 1998, at WSR 98-09-033.

additional notice and activity pursuant to preproposal statement: The statement of inquiry advised interested persons that the commission was considering entering a rule making to accommodate administrative changes in Washington telephone assistance program process through rule repeal or amendment. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3).

notice of proposed rule making: The commission filed a notice of proposed rule making (CR-102) on June 1, 1998 at WSR 98-12-070. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 98-12-070 at 9:30 a.m., Wednesday, July 8, 1998, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

commenters (written comments): The commission received written comments from the Department of Social and Health Services and the Washington Independent Telephone Association in support of the proposed rule revisions. No opposition was filed or expressed orally in any meeting.

rule-making hearing: The rule change proposal was considered for adoption, pursuant to the notice, at the commission's regularly scheduled open public meeting on July 8, 1998, before Chair Anne Levinson, Commissioner Richard Hemstad, and Commissioner William R. Gillis. The commission heard oral comments from Rebecca Beaton, representing commission staff.

commission action: After considering all of the information regarding this proposal, the commission adopted the rule amendment, as proposed in the notice of proposed rule making.

changes from proposal: The commission adopted the proposal with the following changes from the text noticed at WSR 98-12-070: None.

statement of action; statement of effective date: In reviewing the entire record, the commission determines that WAC 480-122-020 and 480-122-070 should be amended and adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

ORDER

the commission orders:

1. WAC 480-122-020 and 480-122-070 are amended and adopted to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

2. This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.

3. The commission adopts the commission staff memoranda, presented when the Commission considered filing a preproposal statement of inquiry, when it considered filing the formal notice of proposed rule making, and when it considered adoption of this proposal, in conjunction with the text of this order, as its concise explanatory statement of the reasons for adoption, as required by RCW 34.05.025.

dated at Olympia, Washington, this 2nd day of September 1998.

Washington Utilities and

Transportation Commission

Anne Levinson, Chair

Richard Hemstad, Commissioner

APPENDIX "A"

OTS-2263.1

AMENDATORY SECTION (Amending Order R-328, Docket No. UT-900462, filed 9/11/90, effective 10/12/90)

WAC 480-122-020  Washington telephone assistance program rate. The commission shall set by order the telephone assistance rate ((is eight dollars per month)).

[Statutory Authority: RCW 80.01.040. 90-19-020 (Order R-328, Docket No. UT-900462), § 480-122-020, filed 9/11/90, effective 10/12/90; 87-20-043 (Order R-277, Cause No. U-87-1102-R), § 480-122-020, filed 10/1/87.]

AMENDATORY SECTION (Amending Order R-328, Docket No. UT-900462, filed 9/11/90, effective 10/12/90)

WAC 480-122-070  Recovery of costs. Local exchange companies shall recover to the maximum extent possible by a waiver of all or part of the federal end user access charge and, to the extent necessary, from the telephone assistance fund administered by the department the following amounts:

(1) The difference between the telephone assistance rate ((specified in)) set by the commission by order under WAC 480-122-020 and the lowest available local exchange service flat rate, as specified in WAC 480-122-010 (3)(c);

(2) The discounted portion of the service connection fees;

(3) Applicable taxes not billed to the subscriber;

(4) Net uncollectibles directly resulting from the waiver of local exchange service deposits for eligible subscribers, provided that any partial payment collected for disconnected accounts shall be applied first to the payment of the local service bill; with the total for any account not to exceed two times the telephone assistance rate; and

(5) Administrative and program expenses incurred in offering the telephone assistance program, as authorized by the department.

[Statutory Authority: RCW 80.01.040. 90-19-020 (Order R-328, Docket No. UT-900462), § 480-122-070, filed 9/11/90, effective 10/12/90; 87-20-043 (Order R-277, Cause No. U-87-1102-R), § 480-122-070, filed 10/1/87.]