PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-21-101.
Title of Rule: WAC 480-120-990 Telephone companies -- Toll carrier obligations, requirements for toll carriers.
Purpose: This rule is changed to ensure that all customers of the state have access to toll service at affordable rates.
Statutory Authority for Adoption: RCW 80.01.040 General, RCW 80.36.183 Telecommunications.
Summary: This rule would impose a competitively-neutral obligation on toll carriers generally to offer service to points throughout the state at average rates in order to ensure that all customers of the state have access to toll services at affordable rates.
Reasons Supporting Proposal: A rule is needed to prevent consumers in some parts of the state from losing access to long-distance services and/or having to pay excessive rates for such service. Long-distance service is classified as competitive by the commission because there are multiple toll service providers, which ensures adequate service at reasonable prices. However, there may be circumstances where effective competition alone does not protect consumers. This proposal is designed to address such circumstances.
Name of Agency Personnel Responsible for Drafting: Betty Erdahl, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1283; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule would require interexchange carriers to transmit calls to all areas of the state from the area they serve. This rule also would require state-wide average toll rates. The commission in Docket UT-990976 eliminated the obligation of US WEST Communications to provide local toll service in areas of the state where it does not provide local exchange service. The commission has proposed this rule to ensure that all customers in the state have access to toll services at affordable rates.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency does not believe toll carriers' costs will increase as a result of adopting this rule. Toll carriers are currently providing intraLATA service where they provide interLATA service.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies.
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on February 23, 2000, at 9:30 a.m.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, fax (360) 586-1150, or e-mail to <records@wutc.wa.gov>, by January 26, 2000. Please include Docket No. UT-991573 in your communication.
Date of Intended Adoption: February 23, 2000.
Paul Curl
for Carole J. Washburn
Secretary
OTS-3703.1
NEW SECTION
WAC 480-120-990
Toll carrier obligation to serve.
(1) Telecommunications companies offering originating toll service from an exchange must transmit toll calls to all exchanges within the state and outside the local calling area. This requirement does not apply to companies prohibited by law from offering toll service for calls between specified exchanges or areas.
(2) A company may not charge different per-minute or per-unit prices for toll calls based on where the call originates; however, it may charge different per-minute or per-unit prices based on distance if the schedule of distance-based charges applies to all exchanges in the state.
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