WSR 98-07-111
PREPROPOSAL STATEMENT OF INQUIRY
UTILITIES AND TRANSPORTATION
COMMISSION
[Filed March 18, 1998, 11:40 a.m.]
Subject of Possible Rule Making: Supplement to Docket No. UT-970325 in order to add the issue of "Obligation to Serve"--i.e., the extent to which telecommunications carriers must provide service on demand; who should provide new service to presently-unserved territory; and how such service should be paid for -- to matters considered for possible rule making
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 80.36.090, 80.36.230, 80.36.300 and 47 U.S.C. Section 214(e)
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Revised Code of Washington (RCW) 80.36.090, "Service to be furnished on demand," states:
Every telecommunications company operating in this state shall provide and maintain suitable and adequate buildings and facilities therein, or connected therewith, for the accommodation, comfort and convenience of its patrons and employees.
Every telecommunications company shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor and be reasonably entitled thereto suitable and proper facilities and connections for telephonic communication and furnish telephone service as demanded. [1985 c 450 § 23; 1961 c 14 § 80.36.090. Prior: 1911 c 117 § 35, part; RRS § 10371, part.]
All telecommunications companies offering to provide basic local exchange service are held to the same obligation to provide service--that service to which a customer is reasonably entitled.
Historically, incumbent local exchange telecommunications companies (ILECs) have included language in their tariffs to implement this statutory requirement. More recently new entrant competitive local exchange carriers (or CLEC's) have filed tariffs and price lists which do not exactly match what the ILECs have historically provided. Because there is not currently a rule, it is apparent that one is needed to avoid current and future disputes (at the consumers' expense).
Presently unserved areas present obligation to serve issues as well. Washington has large areas not presently served by any company but which are experiencing some growth in population. The commission is interested in determining what obligation, if any, there should be to include these areas in the service territory of incumbents and whether universal service funds should be used to bring service to these areas.
The need for this proceeding is also evidenced by the discussion outlined in the Commission's Fourth Supplemental Order in Docket UT-961638; additionally some of these concerns have also been expressed in the initial order filed under UT-960832 (Camelot), and numerous other informal complaints in Washington state.
Expected accomplishments will be the development of rules and mechanisms applicable on a competitively neutral basis to all regulated industry participants. The rule-making process is open and explicit and will allow all industry participants (incumbent and new entrant alike) and interested persons to become involved and help shape the future of competitive telecommunications service provision in Washington state
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Communications Commission regulates comparable interstate service and costing. The major reason for exploring this matter is to consider bringing state rules into consistency with federal requirements (and/or recommendations) to the extent feasible, and to allow for a more competitive (customer choice and service) telecommunications market in the state of Washington. This will include a review and study of pertinent federal laws, federal rules, and other resources
Process for Developing New Rule: Agency study; and the commission will call for written comments, and may provide the opportunity for additional written comments. The commission will conduct an informal workshop with interested persons in a manner designed to develop consensus regarding any rule proposal. Data collection may also be necessary. See below
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) 664-1234, FAX (360) 586-1150. Such persons may submit comments, as specified below, or may ask to be included in the commissions'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-970325, not later than April 17, 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. 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 at 9:30 a.m., Tuesday, April 21, 1998, in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA. please note: The commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports will be available and will be assigned one to an organization, on a first-come, first-served basis. Remaining open ports on the day of the workshop will be assigned to provide more ports per organization, if requested. Persons wishing to attend via the teleconference bridge line must contact Tom Spinks, at (360) 664-1289, no later than 3:00 p.m., Friday, April 17, 1998
March 18, 1998
Terrence Stapleton
for Paul Curl
Acting Secretary