Supplemental Notice to WSR 03-16-063.

     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) company to another. On June 17, 2003, Qwest Corporation filed a petition to amend this section to clarify the process to be followed when a customer migrates from one LEC to another, and the customer retains his/her telephone number via local number portability (LNP).

     This supplemental proposal differs from the original Qwest proposal by adopting detailed national standards in Federal Communications Commission (FCC) rules for LNP. Qwest participated in drafting the revised rule language, and Qwest supports the rule revisions.

     Purpose: This supplemental proposal would provide the companies with more options for compliance when customers change LEC service providers compared to the original Qwest proposal by adopting national LNP guidelines. In addition, the supplemental proposal would achieve compliance with commission-approved interconnection agreements.

     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, 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: This supplemental proposal continues to address issues raised by Qwest in its petition for rule making filed at WSR 03-16-063. Namely, the proposed language would permit Qwest to meet the intent as well as the letter of the rule plus comply with commission-approved interconnection agreements. The supplemental proposal differs from the original Qwest proposal by providing greater flexibility to address all of the types of situations that arise when customers change LECs. The proposed language addresses the issue of flexibility by referencing detailed national standards in FCC rules for LNP. Compliance with national LNP guidelines also permits continued compliance with commission-approved interconnection agreements. Moreover, adoption of the national guidelines will ease the task of compliance for those companies that operate in multiple jurisdictions.

     The proposed revised language will allow companies to utilize resources more efficiently and continue to service customers effectively.

     Proposal Changes the Following Existing Rules: Existing WAC 480-120-146 Changing service providers from one LEC to another, does not address the situation where the migrating customer wishes to retain his/her telephone number through LNP.

     In its petition for rule making, Qwest proposed that WAC 480-120-146 be amended to include a process for those customers who wish to retain the same telephone number via LNP. Qwest's original proposal recommended adoption of the LNP practices ordered in Docket No. UT-003022/UT-003040.

     This supplemental proposal would offer companies more options for compliance with the rule by adoption of national guidelines, in contrast to the original Qwest proposal that would prescribe a single method of compliance.

     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, a small business economic impact statement 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 March 24, 2004, at 9:30 a.m.

     Assistance for Persons with Disabilities: Contact Mary De Young by March 19, 2004, 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 February 25, 2004. Please include Docket No. UT-030964 in your communication.

     Date of Intended Adoption: March 24, 2004.

January 21, 2004

C. Robert Wallace

for Carole J. Washburn

Executive Secretary

OTS-6538.3

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 service providers from one local exchange company (LEC) to another, the LEC providing existing 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.)) When a customer migrates from one local exchange company (LEC) to another, where applicable, the carriers involved must perform local number portability (LNP) in compliance with the Federal Communications Commission (FCC)-approved method and time frame, as adopted by the FCC under Title 47, Chapter I, Part 52.26 of the Code of Federal Regulations, for disconnecting that service following the scheduled port.

     When the underlying carrier is providing local exchange services for resale by a LEC and then facilitates migration of that service to another LEC or back to itself, the underlying carrier shall notify the old LEC when the customer's service has been transferred.

     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.]

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