PROPOSED RULES
COMMISSION
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.330 (1)(b).
Title of Rule: WAC 480-120-146 Changing service providers from one local exchange company (LEC) to another, the current rule requires telecommunications companies to continue service when a customer migrates from one LEC to another until confirmation of activation of new service is received from the new service provider. On June 17, 2003, Qwest Corporation filed a petition to amend this section to require the LEC providing existing service to the customer to wait until 11:59 of the next business day following the scheduled port before disconnecting the customer.
Purpose: The proposal would amend WAC 480-120-146 to clarify the process to be followed when a customer migrates from one LEC to another LEC, and the customer retains his/her telephone number via local number portability (LNP).
Other Identifying Information: Docket No. UT 030964.
Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, and 34.05.330.
Summary: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Tom Wilson, Regulatory Analyst, 1300 South Evergreen Park Drive S.W., Olympia, WA, (360) 664-1282; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA, (360) 664-1174.
Name of Proponent: Qwest Corporation, private.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule revision clarifies the situation where a customer migrates from one LEC to another LEC, and the customer retains his/her telephone number via LNP.
When the customer migrates from one LEC to another using LNP, the proposed amendments to WAC 480-120-146 would replace the manual system of confirmation of activation of new service with the LNP practices ordered in Docket Nos. UT-003022/UT-003040 (Fifteenth Supplemental Order dated August 17, 2001). Specifically, the proposed procedure would require the LEC providing existing service to the customer must wait until 11:59 p.m. of the next business day following the scheduled port before disconnecting a customer's previous service.
The proposal would provide a more efficient and reliable process that would minimize service interruptions for customers who wish to retain their numbers when changing local exchange carriers.
Proposal Changes the Following Existing Rules: See Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule streamlines the process for confirming migrations from LEC to LEC using LNP, and utilizes resources more efficiently. Because there will not be any increase in cost resulting from the proposed rule, an SBEIS is not required.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. The proposed rule is not a significant legislative rule of the sort referenced in RCW 34.05.328(5).
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on October 22, 2003, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Mary DeYoung by October 17, 2003, TDD (360) 586-8203 or (360) 664-1133.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, e-mail to records@wutc.wa.gov, fax (360) 586-1150, by August 27, 2003. Please include Docket No. UT-030964 in your communication.
WRITTEN COMMENTS: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than Wednesday, August 27, 2003.
Electronic copies. The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted by electronic mail to the Commission's Records Center at records@wutc.wa.gov. Please include:
• The docket number of this proceeding (UT-030964).
• The commenting party's name.
• The title and date of the comment or comments.
An alternative method for submitting comments may be by mailing/delivering an electronic copy on a 3 1/2 inch, IBM-formatted, high-density disk, in .pdf Adobe Acrobat format or in Word 97 or later. Include all of the information requested above. The commission will post on the commission's web site all comments that are provided in electronic format. The web site is located at http://www.wutc.wa.gov/030964. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.
NOTICE OF STAKEHOLDER DISCUSSION: The commission has scheduled a stakeholder discussion to provide interested persons the opportunity to discuss the rule proposal in an informal setting. The stakeholder discussion is planned for October 2, 2003, beginning at 2:00 p.m. in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 Evergreen Park Drive S.W., Olympia, WA.
Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's web site as it becomes available. If you wish to receive further information on this rule making you may (1) call the Commission's Records Center at (360) 664-1234, (2) e-mail the commission at <records@wutc.wa.gov>, or (3) mail written comments to the address above to the attention of Carole J. Washburn, Secretary. When contacting the Commission, please refer to Docket No. UT-030964 to ensure that you are placed on the appropriate service list. Questions may be addressed to Tom Wilson (360) 664-1282 or e-mail at twilson@wutc.wa.gov.
Date of Intended Adoption: October 22, 2003.
August 1, 2003
Carole J. Washburn
Secretary
OTS-6538.2
AMENDATORY SECTION(Amending Docket No. UT-990146, General
Order No. R-507, filed 12/12/02, effective 7/1/03)
WAC 480-120-146
Changing service providers from one
local exchange company to another.
When a customer changes
from one local exchange company (LEC) to another and the
customer retains the same telephone number via local number
portability (LNP) the LEC providing original service to the
customer must wait until 11:59 p.m. of the next business day
following the scheduled port before disconnecting a customer's
original service.
When a customer changes service providers from one
((local exchange company (LEC))) LEC to another, and the
customer does not retain the same telephone number via LNP,
the LEC providing ((existing)) original service to the
customer must not discontinue service until it receives
confirmation of activation of new service from the new service
provider. The LEC providing new service must supply prompt
notice of activation.
The requirements of this section do not apply if the customer submitted the cancellation order directly to the LEC providing existing service.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-01-065 (Docket No. UT-990146, General Order No. R-507), § 480-120-146, filed 12/12/02, effective 7/1/03.]