Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, chapter 80.36 RCW, 47 U.S.C. Section 251, and chapter 337, Laws of 1998.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Federal law, 47 U.S.C. 251 (b)(3), states "obligations of all local exchange carriers.--Each local exchange carrier has the following duties: . . .(3) dialing parity.--The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays." Equal access dialing parity is known as "1+" dialing. The Federal Communications Commission (FCC) adopted rules implementing the dialing parity requirements, but these rules were struck down by a federal court. The court said that only state commissions, rather than the FCC, have authority to issue these dialing parity rules.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Communications Commission regulates equal access dialing parity for interstate services. The commission will consider the FCC equal access requirements in developing any state rules.

Process for Developing New Rule: Agency study; and the commission will ask for initial written comments, and will provide the opportunity for additional comments. The commission will schedule one or more workshops with representatives of affected constituencies in a manner designed to develop consensus among affected interests regarding any rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1174, FAX (360) 586-1150. Such persons may submit comments, as specified below, or may ask to be included in the commission's list of interested persons for the proceeding.

Written Comments: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. UT-980774, not later than July 10, 1998. All commenters are asked, but not required, to file an original and ten copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 1/2 inch IBM formatted high-density disk, in WordPerfect version 5.1, 6.0, or 6.1, labeled with the docket number of this proceeding and the commenter's name and type of software used. Comments also can be sent by electronic mail, referencing Docket No. UT-980774, to comments@wutc.wa.gov. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. The commission will schedule a workshop style meeting if comments indicate that such a session is needed and would be productive.

June 17, 1998

C. Robert Wallis

for Carole J. Washburn

Secretary