Subject of Possible Rule Making: This rule making would consider possible corrections and changes to rules in chapter 480-120 WAC, Telephone companies, and chapter 480-80 WAC, Utilities general -- Tariffs, price lists, and contracts, relating to telecommunications.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 and 80.04.160.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission completed a comprehensive review of its rules in chapter 480-120 WAC, Telephone companies, in 2002. The rules in chapter 480-80 WAC took effect in June 2002. The rules in chapter 480-120 WAC took effect in July 2003. While implementing these rules, stakeholders and agency staff have identified a variety of issues with the rules, including unclear provisions, incomplete cross-references, inconsistencies with federal law, and provisions that have been struck down in court. In addition, there are provisions from the prior rules that were not an issue during the comprehensive review that have since become an issue. This rule making would consider possible corrections, changes, and clarifications to address the above issues and others that may emerge during the rule-making process.

     Process for Developing New Rule:      Agency study; and the commission will ask for initial comments, and will provide the opportunity for additional comments. The commission will schedule one or more workshops with representatives of affected companies and constituencies to discuss issues related to this rule making and any rule proposal.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by filing comments with the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1174, fax (360) 586-1150, by February 20, 2004. An initial workshop is scheduled for March 11, 2004.

     WRITTEN COMMENTS AND STAKEHOLDER WORKSHOP: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than Friday, February 20, 2004, for consideration at the March 11, 2004, stakeholder workshop.

     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-040015).
•	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 website all comments that are provided in electronic format. The website is located at http://www.wutc.wa.gov/040015. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

     Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's website 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-040015 to ensure that you are placed on the appropriate service list. Questions may be addressed to Sharyn Bate, (360) 664-1295 or e-mail at sbate@wutc.wa.gov>.

     TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING--The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the records center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and telephone and fax numbers referencing Docket No. UT-040015, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket No. UT-040015, and the words "Please keep me on the mailing list" to <records@wutc.wa.gov>. Please note that all information in the mailings will be accessible through the commission's internet web site at <http://www.wutc.wa.gov/040015>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

January 21, 2004

C. Robert Wallace

for Carole J. Washburn

Executive Secretary

© Washington State Code Reviser's Office