PROPOSED RULES
COMMISSION
Supplemental Notice to WSR 00-02-035.
Preproposal statement of inquiry was filed as WSR 99-09-028.
Title of Rule: WAC 480-120-990 Telephone companies -- Toll carrier obligations, requirements for toll carriers.
Purpose: This rule is designed to ensure that all customers of the state have access to toll service.
Statutory Authority for Adoption: RCW 80.01.040 General, RCW 80.36.183 Telecommunications.
Summary: The rule requires that telecommunications carriers transmit toll traffic within the state to all exchanges, and to provide thirty days' notice upon an election to withdraw from serving an exchange.
Reasons Supporting Proposal: A rule is needed to prevent consumers in some parts of the state from losing access to long-distance services. 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 rule will provide the opportunity to secure alternate service when a carrier ceases to offer toll service in an exchange.
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 requires telecommunications carriers that provide toll service to transmit calls to all areas of the state from the area they serve. This rule also requires thirty days' notice to exit the toll market. 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 in order to ensure that all customers of the state have access to toll services. This rule requires the thirty days' notice upon exiting the toll market to ensure adequate time for the commission and consumers to react if in fact the carrier is the last one to exit this market.
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' cost 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 May 10, 2000, at 9:30 a.m.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, or e-mail to records@wutc.wa.gov, fax (360) 586-1150, by April 12, 2000. Please include Docket No. UT-991573 in your communication.
Date of Intended Adoption: May 10, 2000.
March 7, 2000
Carole J. Washburn
Secretary
OTS-3703.2
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 other exchanges within the state and outside the local calling area. This requirement may be satisfied through toll service offerings of an affiliated company. This requirement does not apply to the extent a company is prohibited by law from offering toll service for calls between specified exchanges or areas.
(2) A telecommunications company offering originating toll service may not discontinue offering such service from an exchange until thirty days after it has notified all of its customers in that exchange, notified each company offering local exchange service within that exchange, and notified the commission by filing a tariff or price list revision.
(3) The notice requirements of subsection (2) of this section do not apply to any telecommunications company whose gross revenues from Washington intrastate toll service in the prior calendar year were less than twenty million dollars. For the purposes of this calculation, the Washington intrastate toll revenues of all affiliated companies will be combined.
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