WSR 97-23-087

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed November 19, 1997, 11:26 a.m.]

Subject of Possible Rule Making: Customer proprietary network information (CPNI) in commercial telecommunications. Possible amendment of commission rule on the topics of privacy protections and implementation of restrictions on use of CPNI. WAC 480-120-139 (5)(a). Docket No. UT-971514.

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: Telecommunications companies have petitioned the commission to review the rule and argue that it disrupts basic operation of their business. The Federal Communications Commission is currently reviewing its interpretation of federal laws governing the use of customer information. Increasing competition in the telecommunications industry may require additional rules on use of customer information in order to protect customers from misuse of information about themselves and from invasion of their privacy and to ensure that proprietary information is not used in ways that are harmful to competition.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Communications Commission has jurisdiction over privacy of customer information and the confidentiality of customer proprietary network information in interstate commerce. Telecommunications Act (47 U.S.C. 222). The Washington Utilities and Transportation Commission (WUTC) retains authority to regulate use of customer proprietary network information in the provision of intrastate telecommunications services. The WUTC is authorized to regulate and impose rules related to the subject of telecommunications. Washington is a state in which the rates, terms and conditions of telecommunications services are regulated at the state level.

Process for Developing New Rule: Agency study; and workshop type meetings with regulated utilities, interested persons and consumer representatives in which information and views are exchanged in an effort to reach consensus on the issues.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may contact the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 753-6451, 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-971514, not later than December 15, 1997. 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. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. Interested persons may also attend and participate in the workshop described below and in any other workshop that may be scheduled. The commission will provide written notice of any additional preproposal workshops to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.

Notice of Workshop: A workshop will be held on December 22, 1997, beginning at 9:30 a.m., in Room 206 of the Commission's Headquarters Office, 1300 South Evergreen Park Drive S.W., Olympia, WA. The commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports will be available for the Olympia workshop and will be assigned one to an organization, first come first served. Persons wishing to attend via the teleconference bridge line must contact Rebecca Beaton, (360) 664-1287 no later than 5:00 p.m., Thursday, December 18, 1997.

November 19, 1997

Steve McLellan

Secretary