Subject of Possible Rule Making: Exploring the need for fees for commission services relating to matters arising under the federal Telecommunications Act of 1996 (Telecom Act), as authorized by section 2, chapter 377, Laws of 1998. The commission must explore how it might implement authority granted by the legislature to establish fees for some services relating to the Telecom Act. The commission will (without limiting potential subjects that it may examine) explore setting fees for conducting arbitration and mediation services and for resolving disputes arising from interconnection agreements. Mechanisms may involve a filing fee, a fee based on time spent, a fee based on the nature of the proceeding, other mechanisms, or a combination of the above.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, section 2, chapter 377, Laws of 1998.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is facing an increased workload resulting from federal actions at a time when its resources are not expanding in pace with the workload. The goal in establishing fees is to put the burden of supporting these activities on those who require them, as opposed to other sources of funds, and to allow the commission over time to recover the services’ full costs.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Communications Commission regulates telecommunications services provided across state or national boundaries and some services provided within states. While it does not appear that the subject of this rule making will involve any conflicts, the commission will inform the FCC about this rule making and will study federal law and regulation to look for potential conflicts.

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 writing to the Washington Utilities and Transportation Commission, Commission Secretary, P.O. Box 47250, Olympia, WA 98504-7250, or by calling (360) 664-1174, fax (360) 586-1150.

WRITTEN COMMENTS: You may file written comments about the topic of this proposed rule making with the commission secretary, referencing Docket No. UT-990873. For best consideration, they must reach the commission no later than August 11, 1999. 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 or later, labeled with the docket number of this proceeding, the date of the submission, 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 such notices in this rule-making proceeding.

NOTICE OF WORKSHOP: A workshop will be held on Wednesday, August 25, 1999, beginning at 1:30 p.m., in the Commission’s Hearing Room, Room 206, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA. The commission’s teleconference bridge line will be available for this workshop. Persons wishing to attend via teleconference bridge line must contact Nancy Moen at (360) 664-1140 no later than 5:00 p.m., Monday, August 23, 1999. Questions may be addressed to Bob Wallis via telephone at (360) 664-1142 or via e-mail at bwallis@wutc.wa.gov.

NOTICE: TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING -- The commission wants to assure all persons who want information receive it, but also that its mailings are sent only 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 want 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-990873, 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-990873, 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/>. IF YOU DO NOT RESPOND, YOU MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ABOUT THIS RULE MAKING.

July 9, 1999

Carole J. Washburn

Secretary

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